H. R. 1000—24
(3) by adding at the end of subsection (i) the following:
‘‘(3) may permit an eligible agency to request that collection
of a passenger facility fee be waived for—
‘‘(A) passengers enplaned by any class of air carrier
or foreign air carrier if the number of passengers enplaned
by the carriers in the class constitutes not more than
one percent of the total number of passengers enplaned
annually at the airport at which the fee is imposed; or
‘‘(B) passengers enplaned on a flight to an airport—
‘‘(i) that has fewer than 2,500 passenger boardings
each year and receives scheduled passenger service;
or
‘‘(ii) in a community which has a population of
less than 10,000 and is not connected by a land high-
way or vehicular way to the land-connected National
Highway System within a State.’’; and
(4) by adding at the end the following:
‘‘( j) LIMITATION ON CERTAIN ACTIONS.—A State, political sub-
division of a State, or authority of a State or political subdivision
that is not the eligible agency may not tax, regulate, or prohibit
or otherwise attempt to control in any manner, the imposition
or collection of a passenger facility fee or the use of the revenue
from the passenger facility fee.’’.
(c) CONTINUATION
OF PROJECT FUNDING.—Section 47108 is
amended by adding at the end the following:
‘‘(e) CHANGE IN AIRPORT STATUS.—
‘‘(1) CHANGES
TO
NONPRIMARY
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 at the funding level and under the terms provided
by the agreement, subject to the availability of funds.
‘‘(2) 
CHANGES
TO
NONCOMMERCIAL
SERVICE
AIRPORT
STATUS.—If the status of a commercial service airport changes
to a noncommercial service airport at a time when a terminal
development project under a phased-funding arrangement is
not yet completed, the project shall remain eligible for funding
from discretionary funds under section 47115 at the funding
level and under the terms provided by the arrangement subject
to the availability of funds.’’.
(d) REFERENCES TO GIFTS.—Chapter 471 is amended—
(1) in section 47151—
(A) in subsection (a)—
(i) in the matter preceding paragraph (1) by
striking ‘‘give’’ and inserting ‘‘convey to’’; and
(ii) in paragraph (2) by striking ‘‘gift’’ and inserting
‘‘conveyance’’;
(B) in subsection (b)—
(i) by striking ‘‘giving’’ and inserting ‘‘conveying’’;
and
(ii) by striking ‘‘gift’’ and inserting ‘‘conveyance’’;
and
(C) in subsection (c)—
(i) in the subsection heading by striking ‘‘GIVEN’’
and inserting ‘‘CONVEYED’’; and
(ii) by striking ‘‘given’’ and inserting ‘‘conveyed’’;
H. R. 1000—25
(2) in section 47152—
(A) in the section heading by striking ‘‘gifts’’ and
inserting ‘‘conveyances’’; and
(B) in the matter preceding paragraph (1) by striking
‘‘gift’’ and inserting ‘‘conveyance’’;
(3) in section 47153(a)(1)—
(A) by striking ‘‘gift’’ each place it appears and inserting
‘‘conveyance’’; and
(B) by striking ‘‘given’’ and inserting ‘‘conveyed’’; and
(4) in the analysis for such chapter by striking the item
relating to section 47152 and inserting the following:
‘‘47152. Terms of conveyances.’’.
SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIR-
PORTS.
Section 47151 (as amended by section 125(c) of this Act) is
further amended by adding at the end the following:
‘‘(e) REQUESTS BY PUBLIC AGENCIES.—Except with respect to
a request made by another department, agency, or instrumentality
of the executive branch of the United States Government, such
a department, agency, or instrumentality shall give priority consid-
eration to a request made by a public agency (as defined in section
47102) for surplus property described in subsection (a) (other than
real property that is subject to section 2687 of title 10, section
201 of the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687 note), or section 2905 of
the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note)) for use at a public airport.’’.
SEC. 137. INTERMODAL CONNECTIONS.
(a) AIRPORT
IMPROVEMENT
POLICY.—Section 47101(a)(5) is
amended to read as follows:
‘‘(5) to encourage the development of intermodal connec-
tions on airport property between aeronautical and other
transportation modes and systems to serve air transportation
passengers and cargo efficiently and effectively and promote
economic development;’’.
(b) AIRPORT DEVELOPMENT DEFINED.—Section 47102(3) (as
amended by section 123(b)) is further amended by adding at the
end the following:
‘‘(I) constructing, reconstructing, or improving an air-
port, or purchasing nonrevenue generating capital equip-
ment to be owned by an airport, for the purpose of transfer-
ring passengers, cargo, or baggage between the aero-
nautical and ground transportation modes on airport prop-
erty.’’.
SEC. 138. STATE BLOCK GRANT PROGRAM.
Section 47128(a) is amended by striking ‘‘8 qualified States
for fiscal year 1997 and 9 qualified States for each fiscal year
thereafter’’ and insert ‘‘9 qualified States for fiscal years 2000
and 2001 and 10 qualified States for each fiscal year thereafter’’.
SEC. 139. DESIGN-BUILD CONTRACTING.
(a) PILOT PROGRAM.—The Administrator may establish a pilot
program under which design-build contracts may be used to carry
out up to 7 projects at airports in the United States with a grant
awarded under section 47104 of title 49, United States Code. A
H. R. 1000—26
sponsor of an airport may submit an application to the Adminis-
trator to carry out a project otherwise eligible for assistance under
chapter 471 of such title under the pilot program.
(b) USE OF DESIGN-BUILD CONTRACTS.—Under the pilot pro-
gram, the Administrator may approve an application of an airport
sponsor under this section to authorize the airport sponsor to award
a design-build contract using a selection process permitted under
applicable State or local law if—
(1) the Administrator approves the application using cri-
teria established by the Administrator;
(2) the design-build contract is in a form that is approved
by the Administrator;
(3) the Administrator is satisfied that the contract will
be executed pursuant to competitive procedures and contains
a schematic design adequate for the Administrator to approve
the grant;
(4) use of a design-build contract will be cost effective
and expedite the project;
(5) the Administrator is satisfied that there will be no
conflict of interest; and
(6) the Administrator is satisfied that the selection process
will be as open, fair, and objective as the competitive bid
system and that at least three or more bids will be submitted
for each project under the selection process.
(c) REIMBURSEMENT
OF
COSTS.—The Administrator may
reimburse an airport sponsor for design and construction costs
incurred before a grant is made pursuant to this section if the
project is approved by the Administrator in advance and is carried
out in accordance with all administrative and statutory require-
ments that would have been applicable under chapter 471 of title
49, United States Code, if the project were carried out after a
grant agreement had been executed.
(d) DESIGN-BUILD CONTRACT DEFINED.—In this section, the
term ‘‘design-build contract’’ means an agreement that provides
for both design and construction of a project by a contractor.
(e) EXPIRATION OF AUTHORITY.—The authority of the Adminis-
trator to carry out the pilot program under this section shall expire
on September 30, 2003.
Subtitle C—Miscellaneous
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED
PROJECTS.
Section 40117(a) is amended to read as follows:
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) AIRPORT, COMMERCIAL SERVICE AIRPORT, AND PUBLIC
AGENCY.—The terms ‘airport’, ‘commercial service airport’, and
‘public agency’ have the meaning those terms have under sec-
tion 47102.
‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible agency’ means
a public agency that controls a commercial service airport.
‘‘(3) 
ELIGIBLE
AIRPORT-RELATED
PROJECT.—The 
term
‘eligible airport-related project’ means any of the following
projects:
H. R. 1000—27
‘‘(A) A project for airport development or airport plan-
ning under subchapter I of chapter 471.
‘‘(B) A project for terminal development described in
section 47110(d).
‘‘(C) A project for airport noise capability planning
under section 47505.
‘‘(D) A project to carry out noise compatibility measures
eligible for assistance under section 47504, whether or
not a program for those measures has been approved under
section 47504.
‘‘(E) A project for constructing gates and related areas
at which passengers board or exit aircraft. In the case
of a project required to enable additional air service by
an air carrier with less than 50 percent of the annual
passenger boardings at an airport, the project for con-
structing gates and related areas may include structural
foundations and floor systems, exterior building walls and
load-bearing interior columns or walls, windows, door and
roof systems, building utilities (including heating, air condi-
tioning, ventilation, plumbing, and electrical service), and
aircraft fueling facilities adjacent to the gate.
‘‘(4) PASSENGER FACILITY FEE.—The term ‘passenger facility
fee’ means a fee imposed under this section.
‘‘(5) PASSENGER FACILITY REVENUE.—The term ‘passenger
facility revenue’ means revenue derived from a passenger
facility fee.’’.
SEC. 152. TERMINAL DEVELOPMENT COSTS.
(a) WITH RESPECT TO PASSENGER FACILITY CHARGES.—Section
40117(a)(3) is further amended—
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
‘‘(C) for costs of terminal development referred to in
subparagraph (B) incurred after August 1, 1986, at an
airport that did not have more than .25 percent of the
total annual passenger boardings in the United States in
the most recent calendar year for which data is available
and at which total passenger boardings declined by at
least 16 percent between calendar year 1989 and calendar
year 1997;’’.
(b) NONPRIMARY
COMMERCIAL
SERVICE
AIRPORTS.—Section
47119 is amended by adding at the end the following:
‘‘(d) DETERMINATION OF PASSENGER BOARDING AT COMMERCIAL
SERVICE AIRPORTS.—For the purpose of determining whether an
amount may be distributed for a fiscal year from the discretionary
fund in accordance with subsection (b)(2)(A) to a commercial service
airport, the Secretary shall make the determination of whether
or not a public airport is a commercial service airport on the
basis of the number of passenger boardings and type of air service
at the public airport in the calendar year that includes the first
day of such fiscal year or the preceding calendar year, whichever
is more beneficial to the airport.’’.
SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM.
Section 44502(a)(4)(B) is amended—
(1) by striking ‘‘each of fiscal years 1995 and 1996’’ and
inserting ‘‘each of fiscal years 2000 through 2002’’; and