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SEC. 107. 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.
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
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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 implementation
of an innovative financing technique under this section be
used in a manner giving rise to a direct or indirect guaran-
tee 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, in-
cluding—
‘‘(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.’’.
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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 substituting ‘‘35’’.
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
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(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
is amended by striking subsection (f) and redesignating sub-
sections (g) and (h) as subsections (f) and (g), respectively.
(d) DISCRETIONARY FUND DEFINITION.—
(1) Section 47115 is amended—
(A) by striking ‘‘25’’ in subsection (a) and
inserting ‘‘12.5’’; and
(B) by striking the second sentence in sub-
section (b).
(2) Section 47116 is amended—
(A) by striking ‘‘75’’ in subsection (a) and
inserting ‘‘87.5’’;
(B) by redesignating paragraphs (1) and
(2) in subsection (b) as subparagraphs (A) and
(B), respectively, and inserting before subpara-
graph (A), as so redesignated, the following:
‘‘(1) one-seventh for grants for projects at small
hub airports (as defined in section 41731 of this
title); and
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‘‘(2) the remaining amounts based on the follow-
ing:’’.
(e) CONTINUATION OF PROJECT FUNDING.—Section
47108 is amended by adding at the end thereof the follow-
ing:
‘‘(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.’’.
(f) GRANT ELIGIBILITY FOR PRIVATE RELIEVER AIR-
PORTS.—Section 47102(17)(B) is amended by—
(1) striking ‘‘or’’ at the end of clause (i) and re-
designating clause (ii) as clause (iii); and
(2) 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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(g) RELIEVER AIRPORTS NOT ELIGIBLE FOR LETTERS
OF INTENT.—Section 47110(e)(1) is amended by striking
‘‘or reliever’’.
(h) 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’’; and
(3) by adding at the end thereof the following:
‘‘(D) in Alaska aboard an aircraft having a
seating capacity of less than 20 passengers.’’.
(i) 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
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(E) by adding at the end thereof the follow-
ing:
‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Except for re-
quests from another Federal agency, a department, agency,
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’’.
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(k) APPORTIONMENT FOR CARGO ONLY AIRPORTS.—
Section 47114(c)(2)(A) is amended by striking ‘‘2.5 per-
cent’’ and inserting ‘‘3 percent’’.
(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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SEC. 206. REPEAL OF PERIOD OF APPLICABILITY.
Section 125 of the Federal Aviation Reauthorization
Act of 1996 (49 U.S.C. 47114 note) is repealed.
SEC. 207. 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, such as precision runway
monitoring systems, and the time frame for implementation
of such enhancements and improvements.
SEC. 208. PRIORITIZATION OF DISCRETIONARY PROJECTS.
Section 47120 is amended by—
(1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In’’;
and
(2) 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
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lower priority than the projects for which discretionary
funds are being requested.’’.
SEC. 209. 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
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. 210. 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.’’.
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SEC. 211. 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
building to be an eligible airport-related project under sub-
section (a)(3)(E).’’.
SEC. 212. 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
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(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 forecast-
ing anticipated pavement needs.
(b) REPORT TO CONGRESS.—The Administrator shall
transmit a report, containing an evaluation of such options,
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. 213. 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.
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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
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.’’.
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SEC. 302. FOREIGN CARRIERS ELIGIBLE FOR WAIVER
UNDER AIRPORT NOISE AND CAPACITY ACT.
The first sentence of section 47528(b)(1) is amended
by inserting ‘‘or foreign air carrier’’ after ‘‘air carrier’’ the
first place it appears and after ‘‘carrier’’ the first place it
appears.
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 follow-
ing:
‘‘(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT
RESPONSIBILITIES.—
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‘‘(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
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
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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.
‘‘(3) The Administrator relinquishes responsibil-
ity 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 is amended by striking ‘‘government.’’
in subsection (a)(2) and inserting ‘‘government or to any
entity obtaining services 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. AVIATION INSURANCE PROGRAM AMENDMENTS.
(a) 
REIMBURSEMENT
OF
INSURED
PARTY’S
SUBROGEE.—Subsection (a) of 44309 is amended—
(1) by striking the subsection caption and the
first sentence, and inserting the following:
‘‘(a) LOSSES.—
‘‘(1) A person may bring a civil action in a dis-
trict court of the United States or in the United
States Court of Federal Claims against the United
States Government when—
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‘‘(A) a loss insured under this chapter is in
dispute; or
‘‘(B)(i) the person is subrogated to the
rights against the United States Government of
a party insured under this chapter (other than
under subsection 44305(b) of this title), under a
contract between the person and such insured
party; and
‘‘(ii) the person has paid to such insured
party, with the approval of the Secretary of
Transportation, an amount for a physical dam-
age loss that the Secretary of Transportation has
determined is a loss covered under insurance
issued under this chapter (other than insurance
issued under subsection 44305(b) of this title).’’;
and
(2) by resetting the remainder of the subsection
as a new paragraph and inserting ‘‘(2)’’ before ‘‘A
civil action’’.
(b) EXTENSION OF AVIATION INSURANCE PROGRAM.—
Section 44310 is amended by striking ‘‘1998.’’ and insert-
ing ‘‘2003.’’.
SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY
PROVISIONS.
Section 46301 is amended—
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(1) by striking ‘‘46302, 46303, or’’ in subsection
(a)(1)(A);
(2) by striking ‘‘individual’’ the first time it ap-
pears in subsection (d)(7)(A) and inserting ‘‘person’’;
and
(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 of title 49, United
States Code, 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
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‘‘(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.—
(1) In this subsection, the term ‘controlled substance’ has
the same meaning given that term in section 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 transporting a con-
trolled substance by aircraft or aiding or facilitating a con-
trolled substance violation and that transporting, aiding,
or facilitating—
‘‘(A) is punishable by death or imprisonment 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 controlled 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 para-
graph (2) shall be served in addition to, and not concur-
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rently with, any other term of imprisonment imposed on
the individual subject to the imprisonment.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 463 of title 49, United States Code,
is amended by adding at the end 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 of title
49, United States Code, is amended by adding at the end
thereof the following:
‘‘§ 41716. 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
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with public convenience and necessity. The Secretary must
review any proposed agreement to determine if the request-
ing carrier meets operational requirements consistent with
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
chapter 417 of title 49, United States Code, is amended by
inserting after the item relating to section 41715 the follow-
ing:
‘‘41716. Interline agreements for domestic transportation.’’.
TITLE IV—TITLE 49 TECHNICAL
CORRECTIONS
SEC. 401. RESTATEMENT OF 49 U.S.C. 106(g).
(a) IN GENERAL.—Section 106(g) is amended by strik-
ing ‘‘40113(a), (c), and (d), 40114(a), 40119, 44501(a) and
(c), 44502(a)(1), (b) and (c), 44504, 44505, 44507, 44508,
44511–44513, 44701–44716, 44718(c), 44721(a), 44901,
44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937,
and 44938(a) and (b), chapter 451, sections 45302–45304,’’
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and inserting ‘‘40113(a), (c)–(e), 40114(a), and 40119, and
chapter 445 (except sections 44501(b), 44502(a)(2)–(4),
44503, 44506, 44509, 44510, 44514, and 44515), chapter
447 (except sections 44717, 44718(a) and (b), 44719, 44720,
44721(b), 44722, and 44723), chapter 449 (except sections
44903(d), 44904, 44905, 44907–44911, 44913, 44915, and
44931–44934), chapter 451, chapter 453, sections’’.
(b) TECHNICAL CORRECTION.—The amendment made
by this section may not be construed as making a sub-
stantive change in the language replaced.
SEC. 402. RESTATEMENT OF 49 U.S.C. 44909.
Section 44909(a)(2) is amended by striking ‘‘shall’’
and inserting ‘‘should’’.
TITLE V—MISCELLANEOUS
SEC. 501. 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, in oral
or written form, on electronic data processing problems as-
sociated with the year 2000 within the Administration.
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SEC. 502. 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 aircraft with a pay-
load capacity of 15,000 kilograms or more.
(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
Administration for collision avoidance purposes.
SEC. 503. 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
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(2) the installation of precision approach path
indicators.
SEC. 504. 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.’’.
(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-
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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. 505. 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.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) of this subsection and subsection (e)(2) of
this section, the Administrator may not issue a cer-
tificate under this chapter to any person—
‘‘(A) convicted of a violation of a law of the
United States or of a State relating to the instal-
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lation, production, repair, or sale of a counterfeit
or falsely-represented aviation part or material;
or
‘‘(B) subject to a controlling or ownership
interest of an individual convicted of such a vio-
lation.
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1), the Administrator may issue a certificate under
this chapter to a person described in paragraph (1)
if issuance of the certificate will facilitate law enforce-
ment efforts.
‘‘(b) REVOCATION OF CERTIFICATE.—
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (f) and (g) of this section, the Administrator
shall issue an order revoking a certificate issued
under this chapter if the Administrator finds that the
holder of the certificate, or an individual who has a
controlling or ownership interest in the holder—
‘‘(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.
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‘‘(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.—
‘‘(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.
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‘‘(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; or
‘‘(2) the waiver will facilitate law enforcement
efforts.
‘‘(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
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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
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.’’.
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SEC. 506. FAA MAY FINE UNRULY PASSENGERS.
(a) IN GENERAL.—Chapter 463 is amended by redesig-
nating section 46316 as section 46317, and by inserting
after section 46315 the following:
‘‘§ 46316. 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
section from amounts it owes the individual liable for
the penalty.’’.
(b) CONFORMING CHANGE.—The chapter analysis for
chapter 463 is amended by striking the item relating to sec-
tion 46316 and inserting after the item relating to section
46315 the following:
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‘‘46316. Interference with cabin or flight crew.
‘‘46317. General criminal penalty when specific penalty not provided.’’.
SEC. 507. 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) INCREASED CIVIL PENALTIES.—Section 46301(a)
is amended by—
(1) inserting ‘‘41705,’’ after ‘‘41704,’’ in para-
graph (1)(A); and
(2) adding at the end thereof the following:
‘‘(7) Unless an air carrier that violates section
41705 with respect to an individual provides that in-
dividual a credit or voucher for the purchase of a
ticket on that air carrier or any affiliated air carrier
in an amount (determined by the Secretary) of—
‘‘(A) not less than $500 and not more than
$2,500 for the first violation; or
‘‘(B) 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
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Government for a civil penalty, determined by
the Secretary, of not more than 100 percent of
the amount of the credit or voucher so deter-
mined. For purposes of this paragraph, each act
of discrimination prohibited by section 41705
constitutes a separate violation of that section.’’.
SEC. 508. CONVEYANCES OF UNITED STATES GOVERNMENT
LAND.
(a) IN GENERAL.—Section 47125(a) is amended to
read as follows:
‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.—
‘‘(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
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‘‘(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
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
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‘‘(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—
(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—
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‘‘(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
‘‘(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
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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. 
509. 
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 civil enforcement action under the
program known as Flight Operations Quality Assurance.
Not later than 1 year after the last day of the period for
public comment provided for in the notice of proposed rule-
making, the Administrator shall issue a final rule establish-
ing those procedures.
SEC. 510. WIDE AREA AUGMENTATION SYSTEM.
(a) PLAN.—The Administrator shall identify or de-
velop a plan to implement WAAS to provide navigation
and landing approach capabilities for civilian use and
make a determination as to whether a backup system is nec-
essary. Until the Administrator determines that WAAS is
the sole means of navigation, the Administration shall con-
tinue to develop and maintain a backup system.
(b) REPORT.—Within 6 months after the date of enact-
ment of this Act, the Administrator shall—
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(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.
(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. 511. REGULATION OF ALASKA AIR GUIDES.
The Administrator shall reissue the notice to operators
originally published in the Federal Register on January 2,
1998, which advised Alaska guide pilots of the applicability
of part 135 of title 14, Code of Federal Regulations, to guide
pilot operations. In reissuing the notice, the Administrator
shall provide for not less than 60 days of public comment
on the Federal Aviation Administration action. If, notwith-
standing the public comments, the Administrator decides to
proceed with the action, the Administrator shall publish in
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the Federal Register a notice justifying the Administrator’s
decision and providing at least 90 days for compliance.
SEC. 512. APPLICATION OF FAA REGULATIONS.
Section 40113 is amended by adding at the end thereof
the following:
‘‘(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.’’.
SEC. 513. HUMAN FACTORS PROGRAM.
(a) IN GENERAL.—Chapter 445 is amended by adding
at the end thereof the following:
‘‘§ 44516. Human factors program
‘‘(a) OVERSIGHT COMMITTEE.—The Administrator of
the Federal Aviation Administration shall establish an ad-
vanced qualification program oversight committee to advise
the Administrator on the development and execution of Ad-
vanced Qualification Programs for air carriers under this
section, and to encourage their adoption and implementa-
tion.
‘‘(b) HUMAN FACTORS TRAINING.—
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‘‘(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
‘‘(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, within 12 months
after the date of enactment of the Wendell H. Ford
National Air Transportation System Improvement
Act of 1998, to address critical safety problems, in-
cluding 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
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‘‘(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
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 shall complete the Administration’s updat-
ing of training practices for automation and associated
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training requirements 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. 514. 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-
eral of the Department of Transportation shall initi-
ate 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
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shall conduct an assessment that includes the follow-
ing:
(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.
(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.
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(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
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 submit-
ted by the Inspector General not later than 300 days after
the award of contracts.
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(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. 515. WHISTLEBLOWER PROTECTION FOR FAA EMPLOY-
EES.
Section 347(b)(1) of Public Law 104–50 (49 U.S.C.
106, note) is amended by striking ‘‘protection;’’ and insert-
ing ‘‘protection, including the provisions for investigations
and enforcement as provided in chapter 12 of title 5, United
States Code;’’.
SEC. 516. 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. 517. REPORT ON AIR TRANSPORTATION OVERSIGHT
SYSTEM.
Beginning in 1999, the Administrator of the Federal
Aviation Administration shall report biannually to the
Congress on the air transportation oversight system pro-
gram announced by the Administration on May 13, 1998,
in detail on the training of inspectors, the number of inspec-
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tors using the system, air carriers subject to the system, and
the budget for the system.
SEC. 518. 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-
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. 519. PROTECTION OF EMPLOYEES PROVIDING AIR
SAFETY INFORMATION.
(a) GENERAL RULE.—Chapter 421 of title 49, United
States Code, 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
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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-
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.
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‘‘(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 subcontrac-
tor of an air carrier discharged or otherwise dis-
criminated 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;
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‘‘(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
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
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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
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. If a
hearing is not requested during the 30-day
period prescribed in clause (iii), the pre-
liminary order shall be deemed a final
order that is not subject to judicial review.
‘‘(B) REQUIREMENTS.—
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‘‘(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
(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-
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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
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
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by the Secretary of Labor, the complainant,
and the air carrier, contractor, or sub-
contractor alleged to have committed the
violation.
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary
of Labor determines that a violation of sub-
section (a) has occurred, the Secretary of Labor
shall order the air carrier, contractor, or sub-
contractor that the Secretary of Labor deter-
mines 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,
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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.
‘‘(4) 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,
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operate as a stay of the order that is the
subject of the review.
‘‘(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.
‘‘(5) 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.
‘‘(6) 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 sub-
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contractor named in the order to require compli-
ance with the order. The appropriate United
States district court shall have jurisdiction,
without regard to the amount in controversy or
the citizenship of the parties, to enforce 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.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 421 of title 49, United States Code, is amended
by adding at the end the following:
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‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.
(c) CIVIL PENALTY.—Section 46301(a)(1)(A) of title
49, United States Code, is amended by striking ‘‘subchapter
II of chapter 421,’’ and inserting ‘‘subchapter II or III of
chapter 421,’’.
SEC. 520. 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.’’.
SEC. 521. 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 opera-
tor of an airport described in paragraph (2) denies
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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.
‘‘(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.
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‘‘(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. 522. 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;
(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-
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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;
(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
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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—
(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
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(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 develop-
ing a national travel and tourism strategy, Congress
should support a long-term marketing effort and other
important regulatory reform initiatives to promote
increased travel to the United States for the benefit 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
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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
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-
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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.
(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.
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(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
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.
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(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;
(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-
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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. 523. EQUIVALENCY OF FAA AND EU SAFETY STAND-
ARDS.
The Administrator of the Federal Aviation Adminis-
tration shall determine whether the Administration’s safety
regulations are equivalent to the safety standards set forth
in European Union Directive 89/336EEC. If the Adminis-
trator determines that the standards are equivalent, the Ad-
ministrator shall work with the Secretary of Commerce to
gain acceptance of that determination pursuant to the Mu-
tual Recognition Agreement between the United States and
the European Union of May 18, 1998, in order to ensure
that aviation products approved by the Administration are
acceptable under that Directive.
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SEC. 524. 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
Airport, located in the State of Washington, should be
repealed.
SEC. 525. FEDERAL AVIATION ADMINISTRATION PERSON-
NEL 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.’’.
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(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
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 526. 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
(2) may seek the advice of the panel on any issue
related to methods to improve the safety of domestic
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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
(4) 1 representative from the Federal Aviation
Administration, designated by the Administrator.
(c) RESPONSIBILITIES.—The panel shall—
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(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.
(2) DRUG
AND
ALCOHOL
TESTING
INFORMA-
TION.—Included in the information the Adminis-
trator requests under paragraph (1) shall be informa-
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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.
(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.
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(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. 527. REPORT ON ENHANCED DOMESTIC AIRLINE COM-
PETITION.
(a) FINDINGS.—The Congress makes the following
findings:
(1) There has been a reduction in the level of
competition in the domestic airline business brought
about by mergers, consolidations, and proposed do-
mestic alliances.
(2) Foreign citizens and foreign air carriers may
be willing to invest in existing or start-up airlines if
they are permitted to acquire a larger equity share of
a United States airline.
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(b) STUDY.—The Secretary of Transportation, after
consulting the appropriate Federal agencies, shall study
and report to the Congress not later than December 31,
1998, on the desirability and implications of—
(1) decreasing the foreign ownership provision in
section 40102(a)(15) of title 49, United States Code,
to 51 percent from 75 percent; and
(2) changing the definition of air carrier in sec-
tion 40102(a)(2) of such title by substituting ‘‘a com-
pany whose principal place of business is in the
United States’’ for ‘‘a citizen of the United States’’.
SEC. 528. AIRCRAFT SITUATIONAL DISPLAY DATA.
(a) IN GENERAL.—A memorandum of agreement be-
tween the Administrator of the Federal Aviation Adminis-
tration and any person directly that 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-
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.
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(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. 529. TO EXPRESS THE SENSE OF THE SENATE CON-
CERNING 
A 
BILATERAL 
AGREEMENT 
BE-
TWEEN 
THE 
UNITED 
STATES 
AND 
THE
UNITED KINGDOM REGARDING CHARLOTTE-
LONDON ROUTE.
(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) BERMUDA II AGREEMENT.—The term ‘‘Ber-
muda II Agreement’’ means the Agreement Between
the United States of America and United Kingdom of
Great Britain and Northern Ireland Concerning Air
Services, signed at Bermuda on July 23, 1977 (TIAS
8641).
(3) CHARLOTTE-LONDON
(GATWICK)
ROUTE.—
The term ‘‘Charlotte-London (Gatwick) route’’ means
the route between Charlotte, North Carolina, and the
Gatwick Airport in London, England.
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(4) FOREIGN AIR CARRIER.—The term ‘‘foreign
air carrier’’ has the meaning given that term in sec-
tion 40102 of title 49, United States Code.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(b) FINDINGS.—Congress finds that—
(1) under the Bermuda II Agreement, the United
States has a right to designate an air carrier of the
United 
States 
to 
serve 
the 
Charlotte-London
(Gatwick) route;
(2) the Secretary awarded the Charlotte-London
(Gatwick) route to US Airways on September 12,
1997, and on May 7, 1998, US Airways announced
plans to launch nonstop service in competition with
the monopoly held by British Airways on the route
and to provide convenient single-carrier one-stop serv-
ice to the United Kingdom from dozens of cities in
North Carolina and South Carolina and the sur-
rounding region;
(3) US Airways was forced to cancel service for
the Charlotte-London (Gatwick) route for the summer
of 1998 and the following winter because the Govern-
ment of the United Kingdom refused to provide com-
mercially viable access to Gatwick Airport;
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(4) British Airways continues to operate monop-
oly service on the Charlotte-London (Gatwick) route
and recently upgraded the aircraft for that route to
B–777 aircraft;
(5) British Airways had been awarded an addi-
tional monopoly route between London England and
Denver, Colorado, resulting in a total of 10 monopoly
routes operated by British Airways between the
United Kingdom and points in the United States;
(6) monopoly service results in higher fares to
passengers; and
(7) US Airways is prepared, and officials of the
air carrier are eager, to initiate competitive air serv-
ice on the Charlotte-London (Gatwick) route as soon
as the Government of the United Kingdom provides
commercially viable access to the Gatwick Airport.
(c) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Secretary should—
(1) act vigorously to ensure the enforcement of
the rights of the United States under the Bermuda II
Agreement;
(2) intensify efforts to obtain the necessary as-
surances from the Government of the United Kingdom
to allow an air carrier of the United States to operate
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commercially viable, competitive service for the Char-
lotte-London (Gatwick) route; and
(3) ensure that the rights of the Government of
the United States and citizens and air carriers of the
United States are enforced under the Bermuda II
Agreement before seeking to renegotiate a broader bi-
lateral agreement to establish additional rights for air
carriers of the United States and foreign air carriers
of the United Kingdom.
SEC. 530. TO EXPRESS THE SENSE OF THE SENATE CON-
CERNING 
A 
BILATERAL 
AGREEMENT 
BE-
TWEEN 
THE 
UNITED 
STATES 
AND 
THE
UNITED KINGDOM REGARDING CLEVELAND-
LONDON ROUTE.
(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) AIRCRAFT.—The term ‘‘aircraft’’ has the
meaning given that term in section 40102 of title 49,
United States Code.
(3) AIR TRANSPORTATION.—The term ‘‘air trans-
portation’’ has the meaning given that term in section
40102 of title 49, United States Code.
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(4) BERMUDA II AGREEMENT.—The term ‘‘Ber-
muda II Agreement’’ means the Agreement Between
the United States of America and United Kingdom of
Great Britain and Northern Ireland Concerning Air
Services, signed at Bermuda on July 23, 1977 (TIAS
8641).
(5) CLEVELAND-LONDON (GATWICK) ROUTE.—The
term ‘‘Cleveland-London (Gatwick) route’’ means the
route between Cleveland, Ohio, and the Gatwick Air-
port in London, England.
(6) FOREIGN AIR CARRIER.—The term ‘‘foreign
air carrier’’ has the meaning given that term in sec-
tion 40102 of title 49, United States Code.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(8) SLOT.—The term ‘‘slot’’ means a reservation
for an instrument flight rule takeoff or landing by an
air carrier of an aircraft in air transportation.
(b) FINDINGS.—Congress finds that—
(1) under the Bermuda II Agreement, the United
States has a right to designate an air carrier of the
United 
States 
to 
serve 
the 
Cleveland-London
(Gatwick) route;
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(2)(A) on December 3, 1996, the Secretary
awarded the Cleveland-London (Gatwick) route to
Continental Airlines;
(B) on June 15, 1998, Continental Airlines an-
nounced plans to launch nonstop service on that route
on February 19, 1999, and to provide single-carrier
one-stop service between London, England (from
Gatwick Airport) and dozens of cities in Ohio and the
surrounding region; and
(C) on August 4, 1998, the Secretary tentatively
renewed the authority of Continental Airlines to
carry out the nonstop service referred to in subpara-
graph (B) and selected Cleveland, Ohio, as a new
gateway under the Bermuda II Agreement;
(3) unless the Government of the United King-
dom provides Continental Airlines commercially via-
ble access to Gatwick Airport, Continental Airlines
will not be able to initiate service on the Cleveland-
London (Gatwick) route; and
(4) Continental Airlines is prepared to initiate
competitive air service on the Cleveland-London
(Gatwick) route when the Government of the United
Kingdom provides commercially viable access to the
Gatwick Airport.
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(c) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Secretary should—
(1) act vigorously to ensure the enforcement of
the rights of the United States under the Bermuda II
Agreement;
(2) intensify efforts to obtain the necessary as-
surances from the Government of the United Kingdom
to allow an air carrier of the United States to operate
commercially viable, competitive service for the Cleve-
land-London (Gatwick) route; and
(3) ensure that the rights of the Government of
the United States and citizens and air carriers of the
United States are enforced under the Bermuda II
Agreement before seeking to renegotiate a broader bi-
lateral agreement to establish additional rights for air
carriers of the United States and foreign air carriers
of the United Kingdom, including the right to com-
mercially viable competitive slots at Gatwick Airport
and Heathrow Airport in London, England, for air
carriers of the United States.
SEC. 531. 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
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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
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.
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(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
State (including any political subdivision there-
of) under chapter 471 of title 49, United States
Code.
SEC. 532. 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. 533. AIRLINE MARKETING DISCLOSURE.
(a) DEFINITIONS.—In this section:
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(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
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. 534. CERTAIN AIR TRAFFIC CONTROL TOWERS.
Notwithstanding any other provision of law, regula-
tion, intergovernmental circular advisories or other process,
or any judicial proceeding or ruling to the contrary, the
Federal Aviation Administration shall use such funds as
necessary to contract for the operation of air traffic control
towers, located in Salisbury, Maryland; Bozeman, Mon-
tana; and Boca Raton, Florida: Provided, That the Federal
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Aviation Administration has made a prior determination
of eligibility for such towers to be included in the contract
tower program.
SEC. 535. 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 by—
(1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The
recovery’’; and
(2) 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
Index for all urban consumers for the prior year over
the Consumer Price Index for all urban consumers for
the calendar year 1998.
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‘‘(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.
TITLE VI—AVIATION
COMPETITION PROMOTION
SEC. 601. 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.
SEC. 602. 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.—
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‘‘(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
‘‘(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.
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‘‘(3) REPORTS.—The program director shall pro-
vide an annual report to the Secretary and the Con-
gress beginning in 1999 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
quality, affordable air transportation services to
small communities.’’.
SEC. 603. COMMUNITY-CARRIER AIR SERVICE PROGRAM.
(a) IN GENERAL.—Subchapter II of chapter 417 is
amended by adding at the end thereof the following:
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‘‘§ 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
‘‘(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
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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;
‘‘(2) may obligate funds appropriated under sec-
tion 604 of the Wendell H. Ford National Air Trans-
portation System Improvement Act of 1998 to carry
out this section;
‘‘(3) shall continue to work with both the carriers
and the communities to develop a combination of
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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—
‘‘(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
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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 $30,000,000 of the amounts appro-
priated under 604 of the Wendell H. Ford National
Air Transportation System Improvement Act of 1998
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
in expanding commercial aviation service to smaller com-
munities.
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‘‘§ 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 appropriated under section
604 of the Wendell H. Ford National Air Transpor-
tation System Improvement Act of 1998, provide fi-
nancial assistance by way of grants to small commu-
nities 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—
‘‘(1) working with airports and air carriers to
ensure that appropriate facilities are made available
at essential airports;
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‘‘(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.
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
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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-
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-
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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
‘‘(B) terminating as early as feasible Fed-
eral financial incentives for any project deter-
mined by the Secretary after its implementation
to be—
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‘‘(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 Wendell H. Ford National Air
Transportation System Improvement Act of 1998.
‘‘§ 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;
‘‘(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;
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‘‘(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 VI of the Wen-
dell H. Ford National Air Transportation System
Improvement Act of 1998; and
‘‘(5) shall work with the Federal Aviation Ad-
ministration on airport and air traffic control needs
of communities in the program.
‘‘§ 41747. Air traffic control services pilot program
‘‘(a) IN GENERAL.—To further facilitate the use of,
and improve the safety at, small airports, the Adminis-
trator of the Federal Aviation Administration shall estab-
lish a pilot program to contract for Level I air traffic con-
trol services at 20 facilities not eligible for participation
in the Federal Contract Tower Program.
‘‘(b) PROGRAM COMPONENTS.—In carrying out the
pilot program established under subsection (a), the Admin-
istrator may—
‘‘(1) utilize current, actual, site-specific data,
forecast estimates, or airport system plan data pro-
vided by a facility owner or operator;
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‘‘(2) take into consideration unique aviation
safety, weather, strategic national interest, disaster
relief, medical and other emergency management re-
lief services, status of regional airline service, and re-
lated factors at the facility;
‘‘(3) approve for participation any facility will-
ing to fund a pro rata share of the operating costs
used by the Federal Aviation Administration to cal-
culate, and, as necessary, a 1:1 benefit-to-cost ratio,
as required for eligibility under the Federal Contract
Tower Program; and
‘‘(4) approve for participation no more than 3
facilities willing to fund a pro rata share of construc-
tion costs for an air traffic control tower so as to
achieve, at a minimum, a 1:1 benefit-to-cost ratio, as
required for eligibility under the Federal Contract
Tower Program, and for each of such facilities the
Federal share of construction costs does not exceed
$1,000,000.
‘‘(c) REPORT.—One year before the pilot program es-
tablished under subsection (a) terminates, the Adminis-
trator shall report to the Congress on the effectiveness of
the program, with particular emphasis on the safety and
economic benefits provided to program participants and the
national air transportation system.’’.
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(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 417 is amended by inserting after the item relat-
ing 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.
‘‘41747. Air traffic control services pilot program.’’.
(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.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Transpor-
tation such sums as may be necessary to carry out section
41747 of title 49, United States Code.
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
To carry out sections 41743 through 41746 of title 49,
United States Code, for the 4 fiscal-year period beginning
with fiscal year 1999—
(1) there are authorized to be appropriated to the
Secretary 
of 
Transportation 
not 
more 
than
$10,000,000; and
(2) not more than $20,000,000 shall be made
available, if available, to the Secretary for obligation
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and expenditure out of the account established under
section 45303(a) of title 49, United States Code.
To the extent that amounts are not available in such ac-
count, there are authorized to be appropriated such sums
as may be necessary to provide the amount authorized to
be obligated under paragraph (2) to carry out those sections
for that 4 fiscal-year period.
SEC. 605. MARKETING PRACTICES.
Section 41712 is amended by—
(1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘On’’;
and
(2) adding at the end thereof the following:
‘‘(b) MARKETING PRACTICES THAT ADVERSELY AF-
FECT SERVICE TO SMALL OR MEDIUM COMMUNITIES.—
Within 180 days after the date of enactment of the Wendell
H. Ford National Air Transportation System Improvement
Act of 1998, the Secretary shall review the marketing prac-
tices of air carriers that may inhibit the availability of
quality, affordable air transportation services to small and
medium-sized communities, including—
‘‘(1) marketing arrangements between airlines
and travel agents;
‘‘(2) code-sharing partnerships;
‘‘(3) computer reservation system displays;
‘‘(4) gate arrangements at airports;
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‘‘(5) exclusive dealing arrangments; and
‘‘(6) any other marketing practice that may have
the same effect.
‘‘(c) REGULATIONS.—If the Secretary finds, after con-
ducting the review required by subsection (b), that market-
ing practices inhibit the availability of such service to such
communities, then, after public notice and an opportunity
for comment, the Secretary shall promulgate regulations
that address the problem.’’.
SEC. 606. SLOT EXEMPTIONS FOR NONSTOP REGIONAL JET
SERVICE.
(a) IN GENERAL.—Subchapter I of chapter 417 is
amended by—
(1) redesignating section 41715 as 41716; and
(2) inserting after section 41714 the following:
‘‘§ 41715. Slot exemptions for nonstop regional jet
service.
‘‘(a) IN GENERAL.—Within 90 days after receiving an
application for an exemption to provide nonstop regional
jet air service between—
‘‘(1) an airport with fewer than 2,000,000 an-
nual enplanements; and
‘‘(2) a high density airport subject to the exemp-
tion authority under section 41714(a),
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the Secretary of Transportation shall grant or deny the ex-
emption in accordance with established principles of safety
and the promotion of competition.
‘‘(b) EXISTING SLOTS TAKEN INTO ACCOUNT.—In de-
ciding to grant or deny an exemption under subsection (a),
the Secretary may take into consideration the slots and slot
exemptions already used by the applicant.
‘‘(c) CONDITIONS.—The Secretary may grant an ex-
emption to an air carrier under subsection (a)—
‘‘(1) for a period of not less than 12 months;
‘‘(2) for a minimum of 2 daily roundtrip flights;
and
‘‘(3) for a maximum of 3 daily roundtrip flights.
‘‘(d) CHANGE OF NONHUB, SMALL HUB, OR MEDIUM
HUB AIRPORT; JET AIRCRAFT.—The Secretary may, upon
application made by an air carrier operating under an ex-
emption granted under subsection (a)—
‘‘(1) authorize the air carrier or an affiliated air
carrier to upgrade service under the exemption to a
larger jet aircraft; or
‘‘(2) authorize an air carrier operating under
such an exemption to change the nonhub airport or
small hub airport for which the exemption was grant-
ed to provide the same service to a different airport
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that is smaller than a large hub airport (as defined
in section 47134(d)(2)) if—
‘‘(A) the air carrier has been operating
under the exemption for a period of not less than
12 months; and
‘‘(B) the air carrier can demonstrate
unmitigatable losses.
‘‘(e) FOREFEITURE
FOR MISUSE.—Any exemption
granted under subsection (a) shall be terminated imme-
diately by the Secretary if the air carrier to which it was
granted uses the slot for any purpose other than the purpose
for which it was granted or in violation of the conditions
under which it was granted.
‘‘(f) RESTORATION OF AIR SERVICE.—To the extent
that—
‘‘(1) slots were withdrawn from an air carrier
under section 41714(b);
‘‘(2) the withdrawal of slots under that section
resulted in a net loss of slots; and
‘‘(3) the net loss of slots and slot exemptions re-
sulting from the withdrawal had an adverse effect on
service to nonhub airports and in other domestic mar-
kets,
the Secretary shall give priority consideration to the request
of any air carrier from which slots were withdrawn under
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that section for an equivalent number of slots at the airport
where the slots were withdrawn. No priority consideration
shall be given under this subsection to an air carrier de-
scribed in paragraph (1) when the net loss of slots and slot
exemptions is eliminated.
‘‘(g) PRIORITY TO NEW ENTRANTS AND LIMITED IN-
CUMBENT CARRIERS.—
‘‘(1) IN GENERAL.—In granting slot exemptions
under this section the Secretary shall give priority
consideration to an application from an air carrier
that, as of July 1, 1998, operated or held fewer than
20 slots or slot exemptions at the high density airport
for which it filed an exemption application.
‘‘(2) LIMITATION.—No priority may be given
under paragraph (1) to an air carrier that, at the
time of application, operates or holds 20 or more slots
and slot exemptions at the airport for which the ex-
emption application is filed.
‘‘(3) AFFILIATED
CARRIERS.—The Secretary
shall treat all commuter air carriers that have cooper-
ative agreements, including code-share agreements,
with other air carriers equally for determining eligi-
bility for exemptions under this section regardless of
the form of the corporate relationship between the
commuter air carrier and the other air carrier.
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‘‘(h) STAGE 3 AIRCRAFT REQUIRED.—An exemption
may not be granted under this section with respect to any
aircraft that is not a Stage 3 aircraft (as defined by the
Secretary).
‘‘(i) REGIONAL JET DEFINED.—In this section, the
term ‘regional jet’ means a passenger, turbofan-powered
aircraft carrying not fewer than 30 and not more than 50
passengers.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 40102 is amended by inserting after
paragraph (28) the following:
‘‘(28A) LIMITED INCUMBENT AIR CARRIER.—The
term ‘limited incumbent air carrier’ has the meaning
given that term in subpart S of part 93 of title 14,
Code of Federal Regulations, except that ‘20’ shall be
substituted 
for 
‘12’ 
in 
sections 
93.213(a)(5),
93.223(c)(3), and 93.226(h) as such sections were in
effect on August 1, 1998.’’.
(2) The chapter analysis for chapter 417 is
amended by striking the item relating to section
41716 and inserting the following:
‘‘41715. Slot exemptions for nonstop regional jet service.
‘‘41716. Air service termination notice.’’.
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SEC. 607. EXEMPTIONS TO PERIMETER RULE AT RONALD
REAGAN WASHINGTON NATIONAL AIRPORT.
(a) IN GENERAL.—Subchapter I of chapter 417, as
amended by section 606, is amended by—
(1) redesignating section 41716 as 41717; and
(2) inserting after section 41715 the following:
‘‘§ 41716. Special Rules for Ronald Reagan Washing-
ton National Airport
‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The Sec-
retary shall by order grant exemptions from the application
of sections 49104(a)(5), 49109, 49111(e), and 41714 of this
title to air carriers to operate limited frequencies and air-
craft on select routes between Ronald Reagan Washington
National Airport and domestic hub airports of such carriers
and exemptions from the requirements of subparts K and
S of part 93, Code of Federal Regulations, if the Secretary
finds that the exemptions will—
‘‘(1) provide air transportation service with do-
mestic network benefits in areas beyond the perimeter
described in that section;
‘‘(2) increase competition in multiple markets;
‘‘(3) not reduce travel options for communities
served by small hub airports and medium hub air-
ports within the perimeter described in section 49109
of title 49, United States Code; and
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‘‘(4) not result in meaningfully increased travel
delays.
‘‘(b) WITHIN-PERIMETER
EXEMPTIONS.—The Sec-
retary shall by order grant exemptions from the require-
ments of sections 49104(a)(5), 49111(e), and 41714 of this
title and subparts K and S of part 93 of title 14, Code
of Federal Regulations, to commuter air carriers for service
to airports with fewer than 2,000,000 annual enplanements
within the perimeter established for civil aircraft operations
at Ronald Reagan Washington National Airport under sec-
tion 49109. The Secretary shall develop criteria for distrib-
uting slot exemptions for flights within the perimeter to
such airports under this paragraph in a manner consistent
with the promotion of air transportation.
‘‘(c) LIMITATIONS.—
‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemp-
tion may not be granted under this section with re-
spect to any aircraft that is not a Stage 3 aircraft
(as defined by the Secretary).
‘‘(2) GENERAL
EXEMPTIONS.—The exemptions
granted under subsections (a) and (b) may not in-
crease the number of operations at Ronald Reagan
Washington National Airport in any 1-hour period
during the hours between 7:00 a.m. and 9:59 p.m. by
more than 2 operations.’’.
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‘‘(3) ADDITIONAL EXEMPTIONS.—The Secretary
shall grant exemptions under subsections (a) and (b)
that—
‘‘(A) will result in 12 additional daily air
carrier slot exemptions at such airport for long-
haul service beyond the perimeter;
‘‘(B) will result in 12 additional daily com-
muter slot exemptions at such airport; and
‘‘(C) will not result in additional daily
commuter slot exemptions for service to any
within-the-perimeter airport that is not smaller
than a large hub airport (as defined in section
47134(d)(2)).
‘‘(4) ASSESSMENT OF SAFETY, NOISE AND ENVI-
RONMENTAL IMPACTS.—The Secretary shall assess the
impact of granting exemptions, including the impacts
of the additional slots and flights at Ronald Reagan
Washington National Airport provided under sub-
sections (a) and (b) on safety, noise levels and the en-
vironment within 90 days of the date of the enact-
ment of this Act. The environmental assessment shall
be carried out in accordance with parts 1500–1508 of
title 40, Code of Federal Regulations. Such environ-
mental assessment shall include a public meeting.
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‘‘(5) APPLICABILITY
WITH
EXEMPTION
5133.—
Nothing in this section affects Exemption No. 5133,
as from time-to-time amended and extended.’’.
(b) OVERRIDE
OF MWAA RESTRICTION.—Section
49104(a)(5) is amended by adding at the end thereof the
following:
‘‘(D) Subparagraph (C) does not apply to
any increase in the number of instrument flight
rule takeoffs and landings necessary to imple-
ment exemptions granted by the Secretary under
section 41716.’’.
(c) MWAA NOISE-RELATED GRANT ASSURANCES.—
(1) IN GENERAL.—In addition to any condition
for approval of an airport development project that is
the subject of a grant application submitted to the
Secretary of Transportation under chapter 471 of
title 49, United States Code, by the Metropolitan
Washington Airports Authority, the Authority shall be
required to submit a written assurance that, for each
such grant made to the Authority for fiscal year 1999
or any subsequent fiscal year—
(A) the Authority will make available for
that fiscal year funds for noise compatibility
planning and programs that are eligible to re-
ceive funding under chapter 471 of title 49,
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United States Code, in an amount not less than
10 percent of the aggregate annual amount of fi-
nancial assistance provided to the Authority by
the Secretary as grants under chapter 471 of
title 49, United States Code; and
(B) the Authority will not divert funds from
a high priority safety project in order to make
funds available for noise compatibility planning
and programs.
(2) WAIVER.—The Secretary of Transportation
may waive the requirements of paragraph (1) for any
fiscal year for which the Secretary determines that the
Metropolitan Washington Airports Authority is in
full compliance with applicable airport noise compat-
ibility planning and program requirements under
part 150 of title 14, Code of Federal Regulations.
(3) SUNSET.—This subsection shall cease to be in
effect 5 years after the date of enactment of this Act,
if on that date the Secretary of Transportation cer-
tifies that the Metropolitan Washington Airports Au-
thority has achieved full compliance with applicable
noise compatibility planning and program require-
ments under part 150 of title 14, Code of Federal
Regulations.
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(d) NOISE
COMPATIBILITY
PLANNING
AND
PRO-
GRAMS.—Section 47117(e) is amended by adding at the end
the following:
‘‘(3) The Secretary shall give priority in making
grants under paragraph (1)(A) to applications for
airport noise compatibility planning and programs
at and around airports where operations increase
under title VI of the Wendell H. Ford National Air
Transportation System Improvement Act of 1998 and
the amendments made by that title.’’.
(e) CONFORMING AMENDMENTS.—
(1) Section 49111 is amended by striking sub-
section (e).
(2) The chapter analysis for chapter 417, as
amended by section 606(b) of this Act, is amended by
striking the item relating to section 41716 and insert-
ing the following:
‘‘41716. Special Rules for Ronald Reagan Washington National Airport.
‘‘41717. Air service termination notice.’’.
(f) REPORT.—Within 1 year after the date of enact-
ment of this Act, and biannually thereafter, the Secretary
shall certify to the United States Senate Committee on
Commerce, Science, and Transportation, the United States
House of Representatives Committee on Transportation and
Infrastructure, the Governments of Maryland, Virginia,
and West Virginia and the metropolitan planning organi-
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zation for Washington D.C. that noise standards, air traffic
congestion, airport-related vehicular congestion, safety
standards, and adequate air service to communities served
by small hub airports and medium hub airports within the
perimeter described in section 49109 of title 49, United
States Code, have been maintained at appropriate levels.
SEC. 608. ADDITIONAL SLOT EXEMPTIONS AT CHICAGO
O’HARE INTERNATIONAL AIRPORT.
(a) IN GENERAL.—Chapter 417, as amended by sec-
tion 607, is amended by—
(1) redesignating section 41717 as 41718; and
(2) inserting after section 41716 the following:
‘‘§ 41717. Special Rules for Chicago O’Hare Inter-
national Airport
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall grant 30 slot exemptions over a 3-year period begin-
ning on the date of enactment of the Wendell H. Ford Na-
tional Air Transportation System Improvement Act of 1998
at Chicago O’Hare International Airport.
‘‘(b) EQUIPMENT AND SERVICE REQUIREMENTS.—
‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemp-
tion may not be granted under this section with re-
spect to any aircraft that is not a Stage 3 aircraft
(as defined by the Secretary).
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‘‘(2) SERVICE
PROVIDED.—Of the exemptions
granted under subsection (a)—
‘‘(A) 18 shall be used only for service to un-
derserved markets, of which no fewer than 6 shall
be designated as commuter slot exemptions; and
‘‘(B) 12 shall be air carrier slot exemptions.
‘‘(c) PROCEDURAL REQUIREMENTS.—Before granting
exemptions under subsection (a), the Secretary shall—
‘‘(1) conduct an environmental review, taking
noise into account, and determine that the granting
of the exemptions will not cause a significant increase
in noise;
‘‘(2) determine whether capacity is available and
can be used safely and, if the Secretary so determines
then so certify;
‘‘(3) give 30 days notice to the public through
publication in the Federal Register of the Secretary’s
intent to grant the exemptions; and
‘‘(4) consult with appropriate officers of the
State and local government on any related noise and
environmental issues.
‘‘(d) UNDERSERVED MARKET DEFINED.—In this sec-
tion, the term ‘service to underserved markets’ means pas-
senger air transportation service to an airport that is a
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nonhub airport or a small hub airport (as defined in para-
graphs (4) and (5), respectively, of section 41731(a)).’’.
(b) STUDIES.—
(1) 3-YEAR REPORT.—The Secretary shall study
and submit a report 3 years after the first exemption
granted under section 41717(a) of title 49, United
States Code, is first used on the impact of the addi-
tional slots on the safety, environment, noise, access
to underserved markets, and competition at Chicago
O’Hare International Airport.
(2) DOT STUDY
IN
2000.—The Secretary of
Transportation shall study community noise levels in
the areas surrounding the 4 high-density airports
after the 100 percent Stage 3 fleet requirements are
in place, and compare those levels with the levels in
such areas before 1991.
(c) CONFORMING AMENDMENT.—The chapter analysis
for chapter 417, as amended by section 607(b) of this Act,
is amended by striking the item relating to section 41717
and inserting the following:
‘‘41717. Special Rules for Chicago O’Hare International Airport.
‘‘41718. Air service termination notice.’’.
SEC. 609. CONSUMER NOTIFICATION OF E-TICKET EXPIRA-
TION DATES.
Section 41712, as amended by section 605 of this Act,
is amended by adding at the end thereof the following:
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‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall be an
unfair or deceptive practice under subsection (a) for any
air carrier utilizing electronically transmitted tickets to fail
to notify the purchaser of such a ticket of its expiration
date, if any.’’.
SEC. 610. JOINT VENTURE AGREEMENTS.
(a) IN GENERAL.—Subchapter I of chapter 417, as
amended by section 608, is amended by adding at the end
the following:
‘‘§ 41719. Joint venture agreements
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) JOINT
VENTURE
AGREEMENT.—The term
‘joint venture agreement’ means an agreement entered
into by a major air carrier on or after January 1,
1998, with regard to (A) code-sharing, blocked-space
arrangements, long-term wet leases (as defined in sec-
tion 207.1 of title 14, Code of Federal Regulations) of
a substantial number (as defined by the Secretary by
regulation) of aircraft, or frequent flyer programs, or
(B) any other cooperative working arrangement (as
defined by the Secretary by regulation) between 2 or
more major air carriers that affects more than 15
percent of the total number of available seat miles of-
fered by the major air carriers.
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‘‘(2) MAJOR AIR CARRIER.—The term ‘major air
carrier’ means a passenger air carrier that is certifi-
cated under chapter 411 of this title and included in
Carrier Group III under criteria contained in section
04 of part 241 of title 14, Code of Federal Regula-
tions.
‘‘(b) SUBMISSION OF JOINT VENTURE AGREEMENT.—
At least 30 days before a joint venture agreement may take
effect, each of the major air carriers that entered into the
agreement shall submit to the Secretary—
‘‘(1) a complete copy of the joint venture agree-
ment and all related agreements; and
‘‘(2) other information and documentary mate-
rial that the Secretary may require by regulation.
‘‘(c) EXTENSION OF WAITING PERIOD.—
‘‘(1) IN GENERAL.—The Secretary may extend
the 30-day period referred to in subsection (b) until—
‘‘(A) in the case of a joint venture agree-
ment with regard to code-sharing, the 150th day
following the last day of such period; and
‘‘(B) in the case of any other joint venture
agreement, the 60th day following the last day of
such period.
‘‘(2) PUBLICATION
OF
REASONS
FOR
EXTEN-
SION.—If the Secretary extends the 30-day period re-
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ferred to in subsection (b), the Secretary shall publish
in the Federal Register the reasons of the Secretary
for making the extension.
‘‘(d) TERMINATION
OF WAITING PERIOD.—At any
time after the date of submission of a joint venture agree-
ment under subsection (b), the Secretary may terminate the
waiting periods referred to in subsections (b) and (c) with
respect to the agreement.
‘‘(e) REGULATIONS.—The effectiveness of a joint ven-
ture agreement may not be delayed due to any failure of
the Secretary to issue regulations to carry out this sub-
section.
‘‘(f) MEMORANDUM TO PREVENT DUPLICATIVE RE-
VIEWS.—Promptly after the date of enactment of this sec-
tion, the Secretary shall consult with the Assistant Attorney
General of the Antitrust Division of the Department of Jus-
tice in order to establish, through a written memorandum
of understanding, preclearance procedures to prevent unnec-
essary duplication of effort by the Secretary and the Assist-
ant Attorney General under this section and the United
States antitrust laws, respectively.
‘‘(g) PRIOR AGREEMENTS.—With respect to a joint
venture agreement entered into before the date of enactment
of this section as to which the Secretary finds that—
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‘‘(1) the parties have submitted the agreement to
the Secretary before such date of enactment; and
‘‘(2) the parties have submitted any information
on the agreement requested by the Secretary,
the waiting period described in paragraphs (2) and (3)
shall begin on the date, as determined by the Secretary, on
which all such information was submitted and end on the
last day to which the period could be extended under this
section.
‘‘(h) LIMITATION ON STATUTORY CONSTRUCTION.—
The authority granted to the Secretary under this sub-
section shall not in any way limit the authority of the At-
torney General to enforce the antitrust laws as defined in
the first section of the Clayton Act (15 U.S.C. 12).’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of such chapter is amended by adding at the end
the following:
‘‘41716. Joint venture agreements.’’.
SEC. 611. REGIONAL AIR SERVICE INCENTIVE OPTIONS.
(a) PURPOSE.—The purpose of this section is to pro-
vide the Congress with an analysis of means to improve
service by jet aircraft to underserved markets by authoriz-
ing a review of different programs of Federal financial as-
sistance, including loan guarantees like those that would
have been provided for by section 2 of S. 1353, 105th Con-
gress, as introduced, to commuter air carriers that would
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purchase regional jet aircraft for use in serving those mar-
kets.
(b) STUDY.—The Secretary of Transportation shall
study the efficacy of a program of Federal loan guarantees
for the purchase of regional jets by commuter air carriers.
The Secretary shall include in the study a review of options
for funding, including alternatives to Federal funding. In
the study, the Secretary shall analyze—
(1) the need for such a program;
(2) its potential benefit to small communities;
(3) the trade implications of such a program;
(4) market implications of such a program for
the sale of regional jets;
(5) the types of markets that would benefit the
most from such a program;
(6) the competititve implications of such a pro-
gram; and
(7) the cost of such a program.
(c) REPORT.—The Secretary shall submit a report of
the results of the study to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture not later than 24 months after the date of enactment
of this Act.
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SEC. 612. GAO STUDY OF AIR TRANSPORTATION NEEDS.
The General Accounting Office shall conduct a study
of the current state of the national airport network and its
ability to meet the air transportation needs of the United
States over the next 15 years. The study shall include air-
ports located in remote communities and reliever airports.
In assessing the effectiveness of the system the Comptroller
General may consider airport runway length of 5,500 feet
or the equivalent altitude-adjusted length, air traffic control
facilities, and navigational aids.
TITLE VII—NATIONAL PARKS
OVERFLIGHTS
SEC. 701. FINDINGS.
The 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 on the public
and tribal lands;
(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
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ways that leave the national parks unimpaired for fu-
ture 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 Indian
tribes;
(5) the National Parks Overflights Working
Group, composed of general aviation, air tour, envi-
ronmental, and Native American representatives, rec-
ommended that the Congress enact legislation based
on its consensus work product; and
(6) this title reflects the recommendations made
by that Group.
SEC. 702. AIR TOUR MANAGEMENT PLANS FOR NATIONAL
PARKS.
(a) IN GENERAL.—Chapter 401, as amended by sec-
tion 301 of this Act, is amended by adding at the end the
following:
‘‘§ 40126. 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 or tribal lands
except—
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‘‘(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 effective air
tour management plan for that park or those
tribal lands.
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
ITY.—
‘‘(A) APPLICATION REQUIRED.—Before com-
mencing commercial air tour operations over a
national park or tribal lands, a commercial air
tour operator shall apply to the Administrator
for authority to conduct the operations over that
park or those tribal lands.
‘‘(B) COMPETITIVE BIDDING FOR LIMITED
CAPACITY PARKS.—Whenever a commercial air
tour management plan limits the number of
commercial air tour flights over a national park
area during a specified time frame, the Adminis-
trator, in cooperation with the Director, shall
authorize commercial air tour operators to pro-
vide such service. The authorization shall specify
such terms and conditions as the Administrator
and the Director find necessary for management
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of commercial air tour operations over the na-
tional park. The Administrator, in cooperation
with the Director, shall develop an open competi-
tive process for evaluating proposals from per-
sons interested in providing commercial air tour
services over the national park. In making a se-
lection from among various proposals submitted,
the Administrator, in cooperation with the Di-
rector, shall consider relevant factors, includ-
ing—
‘‘(i) the safety record of the company
or pilots;
‘‘(ii) any quiet aircraft technology pro-
posed for use;
‘‘(iii) the experience in commercial air
tour operations over other national parks or
scenic areas;
‘‘(iv) the financial capability of the
company;
‘‘(v) any training programs for pilots;
and
‘‘(vi) responsiveness to any criteria de-
veloped by the National Park Service or the
affected national park.
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‘‘(C) NUMBER
OF
OPERATIONS
AUTHOR-
IZED.—In determining the number of authoriza-
tions to issue to provide commercial air tour
service over a national park, the Administrator,
in cooperation with the Director, shall take into
consideration the provisions of the air tour man-
agement plan, the number of existing commercial
air tour operators and current level of service
and equipment provided by any such companies,
and the financial viability of each commercial
air tour operation.
‘‘(D) COOPERATION
WITH
NPS.—Before
granting an application under this paragraph,
the Administrator shall, in cooperation with the
Director, develop an air tour management plan
in accordance with subsection (b) and implement
such plan.
‘‘(E) TIME LIMIT ON RESPONSE TO ATMP
APPLICATIONS.—The Administrator shall act on
any such application and issue a decision on the
application not later than 24 months after it is
received or amended.
‘‘(3) EXCEPTION.—Notwithstanding paragraph
(1), commercial air tour operators may conduct com-
mercial air tour operations over a national park
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under part 91 of the Federal Aviation Regulations
(14 CFR 91.1 et seq.) if—
‘‘(A) such activity is permitted under part
119 (14 CFR 119.1(e)(2));
‘‘(B) the operator secures a letter of agree-
ment from the Administrator and the national
park superintendent for that national park de-
scribing the conditions under which the flight op-
erations will be conducted; and
‘‘(C) the total number of operations under
this exception is limited to not more than 5
flights in any 30-day period over a particular
park.
‘‘(4) SPECIAL
RULE
FOR
SAFETY
REQUIRE-
MENTS.—Notwithstanding subsection (c), an existing
commercial air tour operator shall, not later than 90
days after the date of enactment of the Wendell H.
Ford National Air Transportation System Improve-
ment Act of 1998, apply for operating authority
under part 119, 121, or 135 of the Federal Aviation
Regulations (14 CFR Pt. 119, 121, or 135). A new
entrant commercial air tour operator shall apply for
such authority before conducting commercial air tour
operations over a national park or tribal lands.
‘‘(b) AIR TOUR MANAGEMENT PLANS.—
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‘‘(1) ESTABLISHMENT OF ATMPS.—
‘‘(A) IN
GENERAL.—The Administrator
shall, in cooperation with the Director, establish
an air tour management plan for any national
park or tribal land for which such a plan is not
already in effect whenever a person applies for
authority to operate a commercial air tour over
the park. The development of the air tour man-
agement plan is to be a cooperative undertaking
between the Federal Aviation Administration
and the National Park Service. The air tour
management plan shall be developed by means of
a public process, and the agencies shall develop
information and analysis that explains the con-
clusions that the agencies make in the applica-
tion of the respective criteria. Such explanations
shall be included in the Record of Decision and
may be subject to judicial review.
‘‘(B) OBJECTIVE.—The objective of any air
tour management plan shall be to develop accept-
able and effective measures to mitigate or pre-
vent the significant adverse impacts, if any, of
commercial air tours upon the natural and cul-
tural resources and visitor experiences and tribal
lands.
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‘‘(2) ENVIRONMENTAL DETERMINATION.—In es-
tablishing 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) which may in-
clude a finding of no significant impact, an environ-
mental assessment, or an environmental impact state-
ment, and the Record of Decision for the air tour
management plan.
‘‘(3) CONTENTS.—An air tour management plan
for a national park—
‘‘(A) may prohibit commercial air tour op-
erations in whole or in part;
‘‘(B) may establish conditions for the con-
duct of commercial air tour operations, includ-
ing commercial air tour routes, maximum or
minimum altitudes, time-of-day restrictions, re-
strictions for particular events, maximum num-
ber of flights per unit of time, intrusions on pri-
vacy on tribal lands, and mitigation of noise,
visual, or other impacts;
‘‘(C) shall apply to all commercial air tours
within 1⁄2 mile outside the boundary of a na-
tional park;
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‘‘(D) shall include incentives (such as pre-
ferred commercial air tour routes and altitudes,
relief from caps and curfews) for the adoption of
quiet aircraft technology by commercial air tour
operators conducting commercial air tour oper-
ations at the park;
‘‘(E) shall provide for the initial allocation
of opportunities to conduct commercial air tours
if the plan includes a limitation on the number
of commercial air tour flights for any time pe-
riod; and
‘‘(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A)
through (E).
‘‘(4) PROCEDURE.—In establishing a commercial
air tour management plan for a national park, the
Administrator and the Director shall—
‘‘(A) initiate at least one public meeting
with interested parties to develop a commercial
air tour management plan for the park;
‘‘(B) publish the proposed plan in the Fed-
eral Register for notice and comment and make
copies of the proposed plan available to the pub-
lic;
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‘‘(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 pur-
poses of complying with those regulations, the
Federal Aviation Administration is the lead
agency and the National Park Service is a co-
operating agency); and
‘‘(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in commercial air
tour operations over a national park or tribal
lands, as a cooperating agency under the regula-
tions referred to in paragraph (4)(C).
‘‘(5) AMENDMENTS.—Any amendment of an air
tour management plan shall be published in the Fed-
eral Register for notice and comment. A request for
amendment of an air tour management plan shall be
made in such form and manner as the Administrator
may prescribe.
‘‘(c) INTERIM OPERATING AUTHORITY.—
‘‘(1) IN GENERAL.—Upon application for operat-
ing authority, the Administrator shall grant interim
operating authority under this paragraph to a com-
mercial air tour operator for a national park or trib-
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al lands for which the operator is an existing com-
mercial air tour operator.
‘‘(2) REQUIREMENTS
AND
LIMITATIONS.—In-
terim operating authority granted under this sub-
section—
‘‘(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 the Wendell H. Ford National Air
Transportation System Improvement Act of
1998; 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 seasons
covered by that 12-month period;
‘‘(B) may not provide for an increase in the
number of operations conducted during any time
period by the commercial air tour operator to
which it is granted unless the increase is agreed
to by the Administrator and the Director;
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‘‘(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 estab-
lished for that park or those tribal lands; and
‘‘(F) shall—
‘‘(i) promote protection of national
park resources, visitor experiences, and trib-
al lands;
‘‘(ii) promote safe operations of the
commercial air tour;
‘‘(iii) promote the adoption of quiet
technology, as appropriate; and
‘‘(iv) allow for modifications of the op-
eration based on experience if the modifica-
tion improves protection of national park
resources and values and of tribal lands.
‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.—
‘‘(A) IN GENERAL.—The Administrator, in
cooperation with the Director, may grant in-
terim operating authority under this paragraph
to an air tour operator for a national park for
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which that operator is a new entrant air tour
operator if the Administrator determines the au-
thority is necessary to ensure competition in the
provision of commercial air tours over that na-
tional park or those tribal lands.
‘‘(B) SAFETY
LIMITATION.—The Adminis-
trator may not grant interim operating author-
ity under subparagraph (A) if the Administrator
determines that it would create a safety problem
at that park or on tribal lands, or the Director
determines that it would create a noise problem
at that park or on tribal lands.
‘‘(C) ATMP LIMITATION.—The Adminis-
trator may grant interim operating authority
under subparagraph (A) of this paragraph only
if the air tour management plan for the park or
tribal lands to which the application relates has
not been developed within 24 months after the
date of enactment of the Wendell H. Ford Na-
tional Air Transportation System Improvement
Act of 1998.
‘‘(d) DEFINITIONS.—In this section, the following defi-
nitions apply:
‘‘(1) COMMERCIAL AIR TOUR.—The term ‘com-
mercial air tour’ means any flight conducted for com-
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pensation or hire in a powered aircraft where a pur-
pose of the flight is sightseeing. If the operator of a
flight asserts that the flight is not a commercial air
tour, factors that can be considered by the Adminis-
trator in making a determination of whether the
flight is a commercial air tour, include, but are not
limited to—
‘‘(A) whether there was a holding out to the
public of willingness to conduct a sightseeing
flight for compensation or hire;
‘‘(B) whether a narrative was provided that
referred to areas or points of interest on the sur-
face;
‘‘(C) the area of operation;
‘‘(D) the frequency of flights;
‘‘(E) the route of flight;
‘‘(F) the inclusion of sightseeing flights as
part of any travel arrangement package; or
‘‘(G) whether the flight or flights in question
would or would not have been canceled based on
poor visibility of the surface.
‘‘(2) COMMERCIAL
AIR
TOUR
OPERATOR.—The
term ‘commercial air tour operator’ means any per-
son who conducts a commercial air tour.
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‘‘(3) 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 commer-
cial air tours over a national park at any time dur-
ing the 12-month period ending on the date of enact-
ment of the Wendell H. Ford National Air Transpor-
tation System Improvement Act of 1998.
‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR OP-
ERATOR.—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 pro-
viding commercial air tours over that national
park or those tribal lands in the 12-month pe-
riod preceding the application.
‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.—The
term ‘commercial air tour operations’ means commer-
cial air tour flight operations conducted—
‘‘(A) over a national park or within 1⁄2 mile
outside the boundary of any national park;
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‘‘(B) below a minimum altitude, determined
by the Administrator in cooperation with the Di-
rector, above ground level (except solely for pur-
poses of takeoff or landing, or necessary for safe
operation of an aircraft as determined under the
rules and regulations of the Federal Aviation
Administration requiring the pilot-in-command
to take action to ensure the safe operation of the
aircraft); and
‘‘(C) less than 1 mile laterally from any ge-
ographic feature within the park (unless more
than 1⁄2 mile outside the boundary).
‘‘(6) NATIONAL PARK.—The term ‘national park’
means any unit of the National Park System.
‘‘(7) TRIBAL
LANDS.—The term ‘tribal lands’
means ‘Indian country’, as defined by section 1151 of
title 18, United States Code, that is within or abut-
ting a national park.
‘‘(8) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Federal Avia-
tion Administration.
‘‘(9) DIRECTOR.—The term ‘Director’ means the
Director of the National Park Service.’’.
(b) EXEMPTIONS.—
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(1) GRAND CANYON.—Section 40126 of title 49,
United States Code, as added by subsection (a), does
not apply to—
(A) the Grand Canyon National Park; or
(B) Indian country within or abutting the
Grand Canyon National Park.
(2) ALASKA.—The provisions of this title and
section 40126 of title 49, United States Code, as
added by subsection (a), do not apply to any land or
waters located in Alaska.
(3) COMPLIANCE WITH OTHER REGULATIONS.—
For purposes of section 40126 of title 49, United
States Code—
(A) regulations issued by the Secretary of
Transportation and the Administrator of the
Federal Aviation Administration under section 3
of Public Law 100–91 (16 U.S.C. 1a–1, note);
and
(B) commercial air tour operations carried
out in compliance with the requirements of those
regulations,
shall be deemed to meet the requirements of such sec-
tion 40126.
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(c) CLERICAL AMENDMENT.—The table of sections for
chapter 401 is amended by adding at the end thereof the
following:
‘‘40126. Overflights of national parks.’’.
SEC. 703. ADVISORY GROUP.
(a) ESTABLISHMENT.—Not later than 1 year after the
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration and the Director of the Na-
tional Park Service shall jointly establish an advisory
group to provide continuing advice and counsel with respect
to the operation of commercial air tours over and near na-
tional 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 Aviation
Administration; and
(C) a representative of the National Park
Service.
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(2) EX-OFFICIO MEMBERS.—The Administrator
and 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 alternat-
ing 1-year terms as chairman of the advisory group,
with the representative of the Federal Aviation Ad-
ministration serving initially until the end of the cal-
endar year following the year in which the advisory
group is first appointed.
(c) DUTIES.—The advisory group shall provide advice,
information, and recommendations to the Administrator
and the Director—
(1) on the implementation of this title;
(2) on the designation of appropriate and fea-
sible quiet aircraft technology standards for quiet air-
craft technologies under development for commercial
purposes, which will receive preferential treatment in
a given air tour management plan;
(3) on other measures that might be taken to ac-
commodate the interests of visitors to national parks;
and
(4) on such other national park or tribal lands-
related safety, environmental, and air touring issues
as the Administrator and the Director may request.
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(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
business, or while serving away from their homes or
regular places of business, each member may be al-
lowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5,
United States Code, for persons in the Government
service employed 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.
(e) REPORT.—The Administrator and the Director
shall jointly report to the Congress within 24 months after
the date of enactment of this Act on the success of this title
in providing incentives for quiet aircraft technology.
SEC. 704. OVERFLIGHT FEE REPORT.
Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Ad-
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ministration shall transmit to Congress a report on the ef-
fects proposed overflight fees are likely to have on the com-
mercial air tour 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 the pro-
posed fee charged by the National Park Service; and
(2) the financial effects proposed offsets are likely
to have on Federal Aviation Administration budgets
and appropriations.
SEC. 705. PROHIBITION OF COMMERCIAL AIR TOURS OVER
THE ROCKY MOUNTAIN NATIONAL PARK.
Effective beginning on the date of enactment of this
Act, no commercial air tour may be operated in the air-
space over the Rocky Mountain National Park notwith-
standing any other provision of this Act or section 40126
of title 49, United States Code, as added by this Act.
TITLE VIII—CENTENNIAL OF
FLIGHT COMMEMORATION
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Centennial of Flight
Commemoration Act’’.
SEC. 802. FINDINGS.
Congress finds that—
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(1) December 17, 2003, is the 100th anniversary
of the first successful manned, free, controlled, and
sustained flight by a power-driven, heavier-than-air
machine;
(2) the first flight by Orville and Wilbur Wright
represents the fulfillment of the age-old dream of fly-
ing;
(3) the airplane has dramatically changed the
course of transportation, commerce, communication,
and warfare throughout the world;
(4) the achievement by the Wright brothers
stands as a triumph of American ingenuity, inven-
tiveness, and diligence in developing new technologies,
and remains an inspiration for all Americans;
(5) it is appropriate to remember and renew the
legacy of the Wright brothers at a time when the val-
ues of creativity and daring represented by the
Wright brothers are critical to the future of the Na-
tion; and
(6) as the Nation approaches the 100th anniver-
sary of powered flight, it is appropriate to celebrate
and commemorate the centennial year through local,
national, and international observances and activi-
ties.
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SEC. 803. ESTABLISHMENT.
There is established a commission to be known as the
Centennial of Flight Commission.
SEC. 804. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 6 members, as follows:
(1) The Director of the National Air and Space
Museum of the Smithsonian Institution or his des-
ignee.
(2) The Administrator of the National Aero-
nautics and Space Administration or his designee.
(3) The chairman of the First Flight Centennial
Foundation of North Carolina, or his designee.
(4) The chairman of the 2003 Committee of
Ohio, or his designee.
(5) As chosen by the Commission, the president
or head of a United States aeronautical society, foun-
dation, or organization of national stature or promi-
nence who will be a person from a State other than
Ohio or North Carolina.
(6) The Administrator of the Federal Aviation
Administration, or his designee.
(b) VACANCIES.—Any vacancy in the Commission
shall be filled in the same manner in which the original
designation was made.
(c) COMPENSATION.—
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(1) PROHIBITION OF PAY.—Except as provided
in paragraph (2), members of the Commission shall
serve without pay or compensation.
(2) TRAVEL EXPENSES.—The Commission may
adopt a policy, only by unanimous vote, for members
of the Commission and related advisory panels to re-
ceive travel expenses, including per diem in lieu of
subsistence. The policy may not exceed the levels es-
tablished under sections 5702 and 5703 of title 5,
United States Code. Members who are Federal em-
ployees shall not receive travel expenses if otherwise
reimbursed by the Federal Government.
(d) QUORUM.—Three members of the Commission shall
constitute a quorum.
(e) CHAIRPERSON.—The Commission shall select a
Chairperson of the Commission from the members des-
ignated under subsection (a) (1), (2), or (5). The Chair-
person may not vote on matters before the Commission ex-
cept in the case of a tie vote. The Chairperson may be re-
moved by a vote of a majority of the Commission’s members.
(f) ORGANIZATION.—No later than 90 days after the
date of enactment of this Act, the Commission shall meet
and select a Chairperson, Vice Chairperson, and Executive
Director.
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SEC. 805. DUTIES.
(a) IN GENERAL.—The Commission shall—
(1) represent the United States and take a lead-
ership role with other nations in recognizing the im-
portance of aviation history in general and the cen-
tennial of powered flight in particular, and promote
participation by the United States in such activities;
(2) encourage and promote national and inter-
national participation and sponsorships in com-
memoration of the centennial of powered flight by
persons and entities such as—
(A) aerospace manufacturing companies;
(B) aerospace-related military organiza-
tions;
(C) workers employed in aerospace-related
industries;
(D) commercial aviation companies;
(E) general aviation owners and pilots;
(F) aerospace researchers, instructors, and
enthusiasts;
(G) elementary, secondary, and higher edu-
cational institutions;
(H) civil, patriotic, educational, sporting,
arts, cultural, and historical organizations and
technical societies;
(I) aerospace-related museums; and
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(J) State and local governments;
(3) plan and develop, in coordination with the
First Flight Centennial Commission, the First Flight
Centennial Foundation of North Carolina, and the
2003 Committee of Ohio, programs and activities that
are appropriate to commemorate the 100th anniver-
sary of powered flight;
(4) maintain, publish, and distribute a calendar
or register of national and international programs
and projects concerning, and provide a central clear-
inghouse for, information and coordination regarding,
dates, events, and places of historical and commemo-
rative significance regarding aviation history in gen-
eral and the centennial of powered flight in particu-
lar;
(5) provide national coordination for celebration
dates to take place throughout the United States dur-
ing the centennial year;
(6) assist in conducting educational, civic, and
commemorative activities relating to the centennial of
powered flight throughout the United States, espe-
cially activities that occur in the States of North
Carolina and Ohio and that highlight the activities of
the Wright brothers in such States; and
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(7) encourage the publication of popular and
scholarly works related to the history of aviation or
the anniversary of the centennial of powered flight.
(b) NONDUPLICATION OF ACTIVITIES.—The Commis-
sion shall attempt to plan and conduct its activities in such
a manner that activities conducted pursuant to this title
enhance, but do not duplicate, traditional and established
activities of Ohio’s 2003 Committee, North Carolina’s First
Flight Centennial Commission, the First Flight Centennial
Foundation, or any other organization of national stature
or prominence.
SEC. 806. POWERS.
(a) ADVISORY COMMITTEES AND TASK FORCES.—
(1) IN GENERAL.—The Commission may appoint
any advisory committee or task force from among the
membership of the Advisory Board in section 812.
(2) FEDERAL
COOPERATION.—To ensure the
overall success of the Commission’s efforts, the Com-
mission may call upon various Federal departments
and agencies to assist in and give support to the pro-
grams of the Commission. The head of the Federal de-
partment or agency, where appropriate, shall furnish
the information or assistance requested by the Com-
mission, unless prohibited by law.
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(3) PROHIBITION OF PAY OTHER THAN TRAVEL
EXPENSES.—Members of an advisory committee or
task force authorized under paragraph (1) shall not
receive pay, but may receive travel expenses pursuant
to the policy adopted by the Commission under sec-
tion 804(c)(2).
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is au-
thorized to take under this title.
(c) AUTHORITY TO PROCURE AND TO MAKE LEGAL
AGREEMENTS.—
(1) IN
GENERAL.—Notwithstanding any other
provision in this title, only the Commission may pro-
cure supplies, services, and property, and make or
enter into leases and other legal agreements in order
to carry out this title.
(2) RESTRICTION.—
(A) IN
GENERAL.—A contract, lease, or
other legal agreement made or entered into by
the Commission may not extend beyond the date
of the termination of the Commission.
(B) FEDERAL SUPPORT.—The Commission
shall obtain property, equipment, and office
space from the General Services Administration
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or the Smithsonian Institution, unless other of-
fice space, property, or equipment is less costly.
(3) SUPPLIES
AND
PROPERTY
POSSESSED
BY
COMMISSION
AT
TERMINATION.—Any supplies and
property, except historically significant items, that
are acquired by the Commission under this title and
remain in the possession of the Commission on the
date of the termination of the Commission shall be-
come the property of the General Services Adminis-
tration upon the date of termination.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as any other Federal agency.
SEC. 807. STAFF AND SUPPORT SERVICES.
(a) EXECUTIVE DIRECTOR.—There shall be an Execu-
tive Director appointed by the Commission and chosen from
among detailees from the agencies and organizations rep-
resented on the Commission. The Executive Director may
be paid at a rate not to exceed the maximum rate of basic
pay payable for the Senior Executive Service.
(b) STAFF.—The Commission may appoint and fix the
pay of any additional personnel that it considers appro-
priate, except that an individual appointed under this sub-
section may not receive pay in excess of the maximum rate
of basic pay payable for GS–14 of the General Schedule.
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(c) INAPPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Executive Director and staff of the Commis-
sion may be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of such title, relating to classification and General Schedule
pay rates, except as provided under subsections (a) and (b)
of this section.
(d) MERIT SYSTEM PRINCIPLES.—The appointment of
the Executive Director or any personnel of the Commission
under subsection (a) or (b) shall be made consistent with
the merit system principles under section 2301 of title 5,
United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon request by
the Chairperson of the Commission, the head of any Federal
department or agency may detail, on either a nonreimburs-
able or reimbursable basis, any of the personnel of the de-
partment or agency to the Commission to assist the Com-
mission to carry out its duties under this title.
(f) ADMINISTRATIVE SUPPORT SERVICES.—
(1) REIMBURSABLE SERVICES.—The Secretary of
the Smithsonian Institution may provide to the Com-
mission on a reimbursable basis any administrative
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support services that are necessary to enable the Com-
mission to carry out this title.
(2) NONREIMBURSABLE
SERVICES.—The Sec-
retary may provide administrative support services to
the Commission on a nonreimbursable basis when, in
the opinion of the Secretary, the value of such services
is insignificant or not practical to determine.
(g) COOPERATIVE AGREEMENTS.—The Commission
may enter into cooperative agreements with other Federal
agencies, State and local governments, and private interests
and organizations that will contribute to public awareness
of and interest in the centennial of powered flight and to-
ward furthering the goals and purposes of this title.
(h) PROGRAM SUPPORT.—The Commission may re-
ceive program support from the nonprofit sector.
SEC. 808. CONTRIBUTIONS.
(a) DONATIONS.—The Commission may accept dona-
tions of personal services and historic materials relating to
the implementation of its responsibilities under the provi-
sions of this title.
(b) VOLUNTEER SERVICES.—Notwithstanding section
1342 of title 31, United States Code, the Commission may
accept and use voluntary and uncompensated services as
the Commission determines necessary.
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(c) REMAINING FUNDS.—Any funds (including funds
received from licensing royalties) remaining with the Com-
mission on the date of the termination of the Commission
may be used to ensure proper disposition, as specified in
the final report required under section 810(b), of histori-
cally significant property which was donated to or acquired
by the Commission. Any funds remaining after such dis-
position shall be transferred to the Secretary of the Treas-
ury for deposit into the general fund of the Treasury of the
United States.
SEC. 809. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,
SEALS, AND MARKS.
(a) IN GENERAL.—The Commission may devise any
logo, emblem, seal, or descriptive or designating mark that
is required to carry out its duties or that it determines is
appropriate for use in connection with the commemoration
of the centennial of powered flight.
(b) LICENSING.—The Commission shall have the sole
and exclusive right to use, or to allow or refuse the use of,
the name ‘‘Centennial of Flight Commission’’ on any logo,
emblem, seal, or descriptive or designating mark that the
Commission lawfully adopts.
(c) EFFECT ON OTHER RIGHTS.—No provision of this
section may be construed to conflict or interfere with estab-
lished or vested rights.
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(d) USE OF FUNDS.—Funds from licensing royalties
received pursuant to this section shall be used by the Com-
mission to carry out the duties of the Commission specified
by this title.
(e) LICENSING RIGHTS.—All exclusive licensing rights,
unless otherwise specified, shall revert to the Air and Space
Museum of the Smithsonian Institution upon termination
of the Commission.
SEC. 810. REPORTS.
(a) ANNUAL REPORT.—In each fiscal year in which
the Commission is in existence, the Commission shall pre-
pare and submit to Congress a report describing the activi-
ties of the Commission during the fiscal year. Each annual
report shall also include—
(1) recommendations regarding appropriate ac-
tivities to commemorate the centennial of powered
flight, including—
(A) the production, publication, and dis-
tribution of books, pamphlets, films, and other
educational materials;
(B) 
bibliographical 
and 
documentary
projects and publications;
(C) conferences, convocations, lectures, semi-
nars, and other similar programs;
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(D) the development of exhibits for libraries,
museums, and other appropriate institutions;
(E) ceremonies and celebrations commemo-
rating specific events that relate to the history of
aviation;
(F) programs focusing on the history of
aviation and its benefits to the United States
and humankind; and
(G) competitions, commissions, and awards
regarding historical, scholarly, artistic, literary,
musical, and other works, programs, and projects
related to the centennial of powered flight;
(2) recommendations to appropriate agencies or
advisory bodies regarding the issuance of commemo-
rative coins, medals, and stamps by the United States
relating to aviation or the centennial of powered
flight;
(3) recommendations for any legislation or ad-
ministrative action that the Commission determines
to be appropriate regarding the commemoration of the
centennial of powered flight;
(4) an accounting of funds received and ex-
pended by the Commission in the fiscal year that the
report concerns, including a detailed description of
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the source and amount of any funds donated to the
Commission in the fiscal year; and
(5) an accounting of any cooperative agreements
and contract agreements entered into by the Commis-
sion.
(b) FINAL REPORT.—Not later than June 30, 2004,
the Commission shall submit to the President and Congress
a final report. The final report shall contain—
(1) a summary of the activities of the Commis-
sion;
(2) a final accounting of funds received and ex-
pended by the Commission;
(3) any findings and conclusions of the Commis-
sion; and
(4) specific recommendations concerning the
final disposition of any historically significant items
acquired by the Commission, including items donated
to the Commission under section 808(a)(1).
SEC. 811. AUDIT OF FINANCIAL TRANSACTIONS.
(a) IN GENERAL.—
(1) AUDIT.—The Comptroller General of the
United States shall audit on an annual basis the fi-
nancial transactions of the Commission, including fi-
nancial transactions involving donated funds, in ac-
cordance with generally accepted auditing standards.
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(2) ACCESS.—In conducting an audit under this
section, the Comptroller General—
(A) shall have access to all books, accounts,
financial records, reports, files, and other papers,
items, or property in use by the Commission, as
necessary to facilitate the audit; and
(B) shall be afforded full facilities for veri-
fying the financial transactions of the Commis-
sion, including access to any financial records or
securities held for the Commission by deposi-
tories, fiscal agents, or custodians.
(b) FINAL REPORT.—Not later than September 30,
2004, the Comptroller General of the United States shall
submit to the President and to Congress a report detailing
the results of any audit of the financial transactions of the
Commission conducted by the Comptroller General.
SEC. 812. ADVISORY BOARD.
(a) ESTABLISHMENT.—There is established a First
Flight Centennial Federal Advisory Board.
(b) NUMBER AND APPOINTMENT.—
(1) IN GENERAL.—The Board shall be composed
of 19 members as follows:
(A) The Secretary of the Interior, or the
designee of the Secretary.
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(B) The Librarian of Congress, or the des-
ignee of the Librarian.
(C) The Secretary of the Air Force, or the
designee of the Secretary.
(D) The Secretary of the Navy, or the des-
ignee of the Secretary.
(E) The Secretary of Transportation, or the
designee of the Secretary.
(F) Six citizens of the United States, ap-
pointed by the President, who—
(i) are not officers or employees of any
government (except membership on the
Board shall not be construed to apply to the
limitation under this clause); and
(ii) shall be selected based on their ex-
perience in the fields of aerospace history,
science, or education, or their ability to rep-
resent the entities enumerated under section
805(a)(2).
(G) Four citizens of the United States, ap-
pointed by the majority leader of the Senate in
consultation with the minority leader of the Sen-
ate.
(H) Four citizens of the United States, ap-
pointed by the Speaker of the House of Rep-
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resentatives in consultation with the minority
leader of the House of Representatives. Of the in-
dividuals appointed under this subparagraph—
(i) one shall be selected from among in-
dividuals recommended by the representa-
tive whose district encompasses the Wright
Brothers National Memorial; and
(ii) one shall be selected from among
individuals recommended by the representa-
tives whose districts encompass any part of
the Dayton Aviation Heritage National
Historical Park.
(c) VACANCIES.—Any vacancy in the Advisory Board
shall be filled in the same manner in which the original
designation was made.
(d) MEETINGS.—Seven members of the Advisory Board
shall constitute a quorum for a meeting. All meetings shall
be open to the public.
(e) CHAIRPERSON.—The President shall designate 1
member appointed under subsection (b)(1)(F) as chair-
person of the Advisory Board.
(f) MAILS.—The Advisory Board may use the United
States mails in the same manner and under the same condi-
tions as a Federal agency.
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(g) DUTIES.—The Advisory Board shall advise the
Commission on matters related to this title.
(h) PROHIBITION OF COMPENSATION OTHER THAN
TRAVEL EXPENSES.—Members of the Advisory Board shall
not receive pay, but may receive travel expenses pursuant
to the policy adopted by the Commission under section
804(e).
(i) TERMINATION.—The Advisory Board shall termi-
nate upon the termination of the Commission.
SEC. 813. DEFINITIONS.
In this title:
(1) ADVISORY
BOARD.—The term ‘‘Advisory
Board’’ means the Centennial of Flight Federal Advi-
sory Board.
(2) CENTENNIAL
OF
POWERED
FLIGHT.—The
term ‘‘centennial of powered flight’’ means the anni-
versary year, from December 2002 to December 2003,
commemorating the 100-year history of aviation be-
ginning with the First Flight and highlighting the
achievements of the Wright brothers in developing the
technologies which have led to the development of
aviation as it is known today.
(3) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Centennial of Flight Commission.
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(4) DESIGNEE.—The term ‘‘designee’’ means a
person from the respective entity of each entity rep-
resented on the Commission or Advisory Board.
(5) FIRST
FLIGHT.—The term ‘‘First Flight’’
means the first four successful manned, free, con-
trolled, and sustained flights by a power-driven, heav-
ier-than-air machine, which were accomplished by
Orville and Wilbur Wright of Dayton, Ohio on De-
cember 17, 1903, at Kitty Hawk, North Carolina.
SEC. 814. TERMINATION.
The Commission shall terminate not later than 60
days after the submission of the final report required by
section 810(b) and shall transfer all documents and mate-
rial to the National Archives or other appropriate Federal
entity.
SEC. 815. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title—
(1) $250,000 for fiscal year 1999;
(2) $600,000 for fiscal year 2000;
(3) $750,000 for fiscal year 2001;
(4) $900,000 for fiscal year 2002;
(5) $900,000 for fiscal year 2003; and
(6) $600,000 for fiscal year 2004.
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TITLE IX—EXTENSION OF AIR-
PORT 
AND 
AIRWAY 
TRUST
FUND 
EXPENDITURE 
AU-
THORITY
SEC. 901. EXTENSION OF EXPENDITURE AUTHORITY.
(a) IN GENERAL.—Paragraph (1) of section 9502(d)
of the Internal Revenue Code of 1986 (relating to expendi-
tures from Airport and Airway Trust Fund) is amended—
(1) by striking ‘‘October 1, 1998’’ and inserting
‘‘October 1, 2000’’; and
(2) by inserting before the semicolon at the end
of subparagraph (A) the following ‘‘or the Wendell H.
Ford National Air Transportation System Improve-
ment Act of 1998’’.
(b) LIMITATION ON EXPENDITURE AUTHORITY.—Sec-
tion 9502 of such Code is amended by adding at the end
the following new subsection:
‘‘(f) LIMITATION ON TRANSFERS TO TRUST FUND.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no amount may be appropriated or cred-
ited to the Airport and Airway Trust Fund on and
after the date of any expenditure from the Airport
and Airway Trust Fund which is not permitted by
this section. The determination of whether an expend-
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iture is so permitted shall be made without regard
to—
‘‘(A) any provision of law which is not con-
tained or referenced in this title or in a revenue
Act; and
‘‘(B) whether such provision of law is a sub-
sequently enacted provision or directly or indi-
rectly seeks to waive the application of this sub-
section.
‘‘(2) EXCEPTION
FOR
PRIOR
OBLIGATIONS.—
Paragraph (1) shall not apply to any expenditure to
liquidate any contract entered into (or for any
amount otherwise obligated) before October 1, 2000,
in accordance with the provisions of this section.’’.
Attest:
Secretary.
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