203
‘‘(A) IN GENERAL.—If a commercial air
tour operator secures a letter of agreement
from the Administrator and the superintendent
for the national park that describes the condi-
tions under which the commercial air tour oper-
ation will be conducted, then notwithstanding
paragraph (1), the commercial air tour operator
may conduct such operations over the national
park under part 91 of title 14, Code of Federal
Regulations, if such activity is permitted under
part 119 of such title.
‘‘(B) LIMIT ON EXCEPTIONS.—Not more
than five flights in any 30-day period over a
single national park may be conducted under
this paragraph.
‘‘(4) SPECIAL
RULE
FOR
SAFETY
REQUIRE-
MENTS.—Notwithstanding subsection (d), an exist-
ing commercial air tour operator shall apply, not
later than 90 days after the date of the enactment
of this section, for operating authority under part
119, 121, or 135 of title 14, Code of Federal Regu-
lations. A new entrant commercial air tour operator
shall apply for such authority before conducting
commercial air tour operations over a national park
(including tribal lands). The Administrator shall act
204
on any such application for a new entrant and issue
a decision on the application not later than 24
months after it is received or amended.
‘‘(b) AIR TOUR MANAGEMENT PLANS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The Administrator, in
cooperation with the Director, shall establish an
air tour management plan for any national park
(including tribal lands) for which such a plan is
not in effect whenever a person applies for au-
thority to conduct a commercial air tour oper-
ation over the park. The air tour management
plan shall be developed by means of a public
process in accordance with paragraph (4).
‘‘(B) OBJECTIVE.—The objective of any
air tour management plan shall be to develop
acceptable and effective measures to mitigate or
prevent the significant adverse impacts, if any,
of commercial air tours upon the natural and
cultural resources, visitor experiences, and trib-
al lands.
‘‘(2) ENVIRONMENTAL
DETERMINATION.—In
establishing an air tour management plan under this
subsection, the Administrator and the Director shall
each sign the environmental decision document re-
205
quired by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) (including a
finding of no significant impact, an environmental
assessment, and an environmental impact statement)
and the record of decision for the air tour manage-
ment plan.
‘‘(3) CONTENTS.—An air tour management
plan for a national park—
‘‘(A) may limit or prohibit commercial air
tour operations;
‘‘(B) may establish conditions for the con-
duct of commercial air tour operations, includ-
ing commercial air tour operation routes, max-
imum or minimum altitudes, time-of-day re-
strictions, restrictions for particular events,
maximum number of flights per unit of time,
intrusions on privacy on tribal lands, and miti-
gation of adverse noise, visual, or other im-
pacts;
‘‘(C) may apply to all commercial air tour
operations;
‘‘(D) shall include incentives (such as pre-
ferred commercial air tour operation routes and
altitudes and relief from flight caps and cur-
fews) for the adoption of quiet aircraft tech-
206
nology by commercial air tour operators con-
ducting commercial air tour operations over the
park;
‘‘(E) shall provide a system for allocating
opportunities to conduct commercial air tours if
the air tour management plan includes a limita-
tion on the number of commercial air tour oper-
ations for any time period; and
‘‘(F) shall justify and document the need
for measures taken pursuant to subparagraphs
(A) through (E) and include such justifications
in the record of decision.
‘‘(4) PROCEDURE.—In establishing an air tour
management plan for a national park (including
tribal lands), the Administrator and the Director
shall—
‘‘(A) hold at least one public meeting with
interested parties to develop the air tour man-
agement plan;
‘‘(B) publish the proposed plan in the Fed-
eral Register for notice and comment and make
copies of the proposed plan available to the
public;
‘‘(C) comply with the regulations set forth
in sections 1501.3 and 1501.5 through 1501.8
207
of title 40, Code of Federal Regulations (for
purposes of complying with the regulations, the
Federal Aviation Administration shall be the
lead agency and the National Park Service is a
cooperating agency); and
‘‘(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial
air tour operation over the park, as a cooper-
ating agency under the regulations referred to
in subparagraph (C).
‘‘(5) JUDICIAL REVIEW.—An air tour manage-
ment plan developed under this subsection shall be
subject to judicial review.
‘‘(6) AMENDMENTS.—The Administrator, in co-
operation with the Director, may make amendments
to an air tour management plan. Any such amend-
ments shall be published in the Federal Register for
notice and comment. A request for amendment of an
air tour management plan shall be made in such
form and manner as the Administrator may pre-
scribe.
‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR
OPERATION STATUS.—In making a determination of
208
whether a flight is a commercial air tour operation, the
Administrator may consider—
‘‘(1) whether there was a holding out to the
public of willingness to conduct a sightseeing flight
for compensation or hire;
‘‘(2) whether a narrative that referred to areas
or points of interest on the surface below the route
of the flight was provided by the person offering the
flight;
‘‘(3) the area of operation;
‘‘(4) the frequency of flights conducted by the
person offering the flight;
‘‘(5) the route of flight;
‘‘(6) the inclusion of sightseeing flights as part
of any travel arrangement package offered by the
person offering the flight;
‘‘(7) whether the flight would have been can-
celed based on poor visibility of the surface below
the route of the flight; and
‘‘(8) any other factors that the Administrator
considers appropriate.
‘‘(d) INTERIM OPERATING AUTHORITY.—
‘‘(1) IN GENERAL.—Upon application for oper-
ating authority, the Administrator shall grant in-
terim operating authority under this subsection to a
209
commercial air tour operator for commercial air tour
operations over a national park (including tribal
lands) for which the operator is an existing commer-
cial air tour operator.
‘‘(2) REQUIREMENTS
AND
LIMITATIONS.—In-
terim operating authority granted under this
subsection—
‘‘(A) shall provide annual authorization
only for the greater of—
‘‘(i) the number of flights used by the
operator to provide such tours within the
12-month period prior to the date of the
enactment of this section; or
‘‘(ii) the average number of flights per
12-month period used by the operator to
provide such tours within the 36-month pe-
riod prior to such date of the enactment,
and, for seasonal operations, the number
of flights so used during the season or sea-
sons covered by that 12-month period;
‘‘(B) may not provide for an increase in
the number of commercial air tour operations
conducted during any time period by the com-
mercial air tour operator above the number that
the air tour operator was originally granted un-
210
less such an increase is agreed to by the Ad-
ministrator and the Director;
‘‘(C) shall be published in the Federal Reg-
ister to provide notice and opportunity for com-
ment;
‘‘(D) may be revoked by the Administrator
for cause;
‘‘(E) shall terminate 180 days after the
date on which an air tour management plan is
established for the park or the tribal lands;
‘‘(F) shall promote protection of national
park resources, visitor experiences, and tribal
lands;
‘‘(G) shall promote safe operations of the
commercial air tour;
‘‘(H) shall promote the adoption of quiet
technology, as appropriate; and
‘‘(I) shall allow for modifications of the op-
eration based on experience if the modification
improves protection of national park resources
and values and of tribal lands.
‘‘(e) EXEMPTIONS.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), this section shall not apply to—
‘‘(A) the Grand Canyon National Park;
211
‘‘(B) tribal lands within or abutting the
Grand Canyon National Park; or
‘‘(C) any unit of the National Park System
located in Alaska or any other land or water lo-
cated in Alaska.
‘‘(2) EXCEPTION.—This section shall apply to
the Grand Canyon National Park if section 3 of
Public Law 100–91 (16 U.S.C. 1a–1 note; 101 Stat.
674–678) is no longer in effect.
‘‘(3) LAKE MEAD.—This section shall not apply
to any air tour operator while flying over or near the
Lake Mead National Recreation Area solely, as a
transportation route, to conduct an air tour over the
Grand Canyon National Park.
‘‘(f) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The
term ‘commercial air tour operator’ means any per-
son who conducts a commercial air tour operation.
‘‘(2) EXISTING COMMERCIAL AIR TOUR OPER-
ATOR.—The term ‘existing commercial air tour oper-
ator’ means a commercial air tour operator that was
actively engaged in the business of providing com-
mercial air tour operations over a national park at
212
any time during the 12-month period ending on the
date of the enactment of this section.
‘‘(3) NEW
ENTRANT
COMMERCIAL
AIR
TOUR
OPERATOR.—The term ‘new entrant commercial air
tour operator’ means a commercial air tour operator
that—
‘‘(A) applies for operating authority as a
commercial air tour operator for a national
park; and
‘‘(B) has not engaged in the business of
providing commercial air tour operations over
the national park (including tribal lands) in the
12-month period preceding the application.
‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The
term ‘commercial air tour operation’ means any
flight, conducted for compensation or hire in a pow-
ered aircraft where a purpose of the flight is sight-
seeing over a national park, within 1⁄2 mile outside
the boundary of any national park, or over tribal
lands, during which the aircraft flies—
‘‘(A) below a minimum altitude, deter-
mined by the Administrator in cooperation with
the Director, above ground level (except solely
for purposes of takeoff or landing, or necessary
for safe operation of an aircraft as determined
213
under the rules and regulations of the Federal
Aviation Administration requiring the pilot-in-
command to take action to ensure the safe op-
eration of the aircraft); or
‘‘(B) less than 1 mile laterally from any
geographic feature within the park (unless more
than 1⁄2 mile outside the boundary).
‘‘(5) NATIONAL
PARK.—The term ‘national
park’ means any unit of the National Park System.
‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’
means Indian country (as that term is defined in
section 1151 of title 18) that is within or abutting
a national park.
‘‘(7) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Federal Avia-
tion Administration.
‘‘(8) DIRECTOR.—The term ‘Director’ means
the Director of the National Park Service.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 401 is further amended by adding at the end the
following:
‘‘40126. Overflights of national parks.’’.
SEC. 804. ADVISORY GROUP.
(a) ESTABLISHMENT.—Not later than 1 year after
the date of the enactment of this Act, the Administrator
and the Director of the National Park Service shall jointly
214
establish an advisory group to provide continuing advice
and counsel with respect to commercial air tour operations
over and near national parks.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The advisory group shall be
composed of—
(A) a balanced group of—
(i) representatives of general aviation;
(ii) representatives of commercial air
tour operators;
(iii) representatives of environmental
concerns; and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Avia-
tion Administration; and
(C) a representative of the National Park
Service.
(2) EX OFFICIO MEMBERS.—The Administrator
(or the designee of the Administrator) and the Di-
rector (or the designee of the Director) shall serve
as ex officio members.
(3) CHAIRPERSON.—The representative of the
Federal Aviation Administration and the representa-
tive of the National Park Service shall serve alter-
nating 1-year terms as chairman of the advisory
215
group, with the representative of the Federal Avia-
tion Administration serving initially until the end of
the calendar year following the year in which the ad-
visory group is first appointed.
(c) DUTIES.—The advisory group shall provide ad-
vice, information, and recommendations to the Adminis-
trator and the Director—
(1) on the implementation of this title and the
amendments made by this title;
(2) on commonly accepted quiet aircraft tech-
nology for use in commercial air tour operations over
national parks (including tribal lands), which will re-
ceive preferential treatment in a given air tour man-
agement plan;
(3) on other measures that might be taken to
accommodate the interests of visitors to national
parks; and
(4) at request of the Administrator and the Di-
rector, safety, environmental, and other issues re-
lated to commercial air tour operations over a na-
tional park (including tribal lands).
(d) COMPENSATION; SUPPORT; FACA.—
(1) COMPENSATION AND TRAVEL.—Members of
the advisory group who are not officers or employees
of the United States, while attending conferences or
216
meetings of the group or otherwise engaged in its
business, or while serving away from their homes or
regular places of business, may be allowed travel ex-
penses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service em-
ployed intermittently.
(2) ADMINISTRATIVE
SUPPORT.—The Federal
Aviation Administration and the National Park
Service shall jointly furnish to the advisory group
clerical and other assistance.
(3) NONAPPLICATION OF FACA.—Section 14 of
the Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to the advisory group.
SEC. 805. REPORTS.
(a) OVERFLIGHT FEE REPORT.—Not later than 180
days after the date of the enactment of this Act, the Ad-
ministrator shall transmit to Congress a report on the ef-
fects overflight fees are likely to have on the commercial
air tour operation industry. The report shall include, but
shall not be limited to—
(1) the viability of a tax credit for the commer-
cial air tour operators equal to the amount of any
overflight fees charged by the National Park Service;
and
217
(2) the financial effects proposed offsets are
likely to have on Federal Aviation Administration
budgets and appropriations.
(b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not
later than 2 years after the date of the enactment of this
Act, the Administrator and the Director shall jointly
transmit a report to Congress on the effectiveness of this
title in providing incentives for the development and use
of quiet aircraft technology.
SEC. 806. METHODOLOGIES USED TO ASSESS AIR TOUR
NOISE.
Any methodology adopted by a Federal agency to as-
sess air tour noise in any unit of the national park system
(including the Grand Canyon and Alaska) shall be based
on reasonable scientific methods.
SEC. 807. EXEMPTIONS.
This title shall not apply to—
(1) any unit of the National Park System lo-
cated in Alaska; or
(2) any other land or water located in Alaska.
SEC. 808. DEFINITIONS.
In this title, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration.
218
(2) DIRECTOR.—The term ‘‘Director’’ means
the Director of the National Park Service.
TITLE IX—TRUTH IN BUDGETING
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Truth in Budgeting
Act’’.
SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIR-
WAY TRUST FUND.
Notwithstanding any other provision of law, the re-
ceipts and disbursements of the Airport and Airway Trust
Fund established by section 9502 of the Internal Revenue
Code of 1986—
(1) shall not be counted as new budget author-
ity, outlays, receipts, or deficit or surplus for pur-
poses of—
(A) the budget of the United States Gov-
ernment as submitted by the President;
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein); or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) shall be exempt from any general budget
limitation imposed by statute on expenditures and
219
net lending (budget outlays) of the United States
Government.
SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT
OF AIRPORT AND AIRWAY TRUST FUND.
(a) IN GENERAL.—Subchapter I of chapter 471 is
further amended by adding at the end the following:
‘‘§ 47138. Safeguards against deficit spending
‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR-
IZATIONS AND NET AVIATION RECEIPTS.—Not later than
March 31 of each year, the Secretary of Transportation,
in consultation with the Secretary of the Treasury, shall
estimate—
‘‘(1) the amount which would (but for this sec-
tion) be the unfunded aviation authorizations at the
close of the first fiscal year that begins after that
March 31; and
‘‘(2) the net aviation receipts to be credited to
the Airport and Airway Trust Fund during the fiscal
year.
‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION
AUTHORIZATIONS.—If the Secretary of Transportation
determines for any fiscal year that the amount described
in subsection (a)(1) exceeds the amount described in sub-
section (a)(2), the Secretary shall determine the amount
of such excess.
220
‘‘(c) ADJUSTMENT
OF AUTHORIZATIONS
IF UN-
FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—
‘‘(1) DETERMINATION OF PERCENTAGE.—If the
Secretary determines that there is an excess referred
to in subsection (b) for a fiscal year, the Secretary
shall determine the percentage which—
‘‘(A) such excess, is of
‘‘(B) the total of the amounts authorized
to be appropriated from the Airport and Airway
Trust Fund for the next fiscal year.
‘‘(2) ADJUSTMENT
OF
AUTHORIZATIONS.—If
the Secretary determines a percentage under para-
graph (1), each amount authorized to be appro-
priated from the Airport and Airway Trust Fund for
the next fiscal year shall be reduced by such percent-
age.
‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH-
HELD.—
‘‘(1) ADJUSTMENT
OF
AUTHORIZATIONS.—If,
after a reduction has been made under subsection
(c)(2), the Secretary determines that the amount de-
scribed in subsection (a)(1) does not exceed the
amount described in subsection (a)(2) or that the ex-
cess referred to in subsection (b) is less than the
amount previously determined, each amount author-
221
ized to be appropriated that was reduced under sub-
section (c)(2) shall be increased, by an equal per-
centage, to the extent the Secretary determines that
it may be so increased without causing the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) (but not by more than
the amount of the reduction).
‘‘(2) APPORTIONMENT.—The Secretary shall
apportion amounts made available for apportionment
by paragraph (1).
‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap-
portioned under paragraph (2) shall remain available
for the period for which they would be available if
such apportionment took effect with the fiscal year
in which they are apportioned under paragraph (2).
‘‘(e) REPORTS.—Any estimate under subsection (a)
and any determination under subsection (b), (c), or (d)
shall be reported by the Secretary to Congress.
‘‘(f) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) NET AVIATION RECEIPTS.—The term ‘net
aviation receipts’ means, with respect to any period,
the excess of—
222
‘‘(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such
period, over
‘‘(B) the amounts to be transferred during
such period from the Airport and Airway Trust
Fund under section 9502(d) of the Internal
Revenue Code of 1986 (other than paragraph
(1) thereof).
‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—
The term ‘unfunded aviation authorization’ means,
at any time, the excess (if any) of—
‘‘(A) the total amount authorized to be ap-
propriated from the Airport and Airway Trust
Fund which has not been appropriated, over
‘‘(B) the amount available in the Airport
and Airway Trust Fund at such time to make
such appropriation (after all other unliquidated
obligations at such time which are payable from
the Airport and Airway Trust Fund have been
liquidated).’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 471 is further amended by adding
at the end the following:
‘‘47138. Safeguards against deficit spending.’’.
223
SEC. 904. ADJUSTMENTS TO DISCRETIONARY SPENDING
LIMITS.
When the President submits the budget under section
1105(a) of title 31, United States Code, for fiscal year
2001, the Director of the Office of Management and
Budget shall, pursuant to section 251(b)(1)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
calculate and the budget shall include appropriate reduc-
tions to the discretionary spending limits for each of fiscal
years 2001 and 2002 set forth in section 251(c)(5)(A) and
section 251(c)(6)(A) of that Act (as adjusted under sec-
tion 251 of that Act) to reflect the discretionary baseline
trust fund spending (without any adjustment for inflation)
for the Federal Aviation Administration that is subject to
section 902 of this Act for each of those two fiscal years.
SEC. 905. APPLICABILITY.
This title (including the amendments made by this
Act) shall apply to fiscal years beginning after September
30, 2000.
TITLE X—ADJUSTMENT OF
TRUST FUND AUTHORIZATIONS
SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZA-
TIONS.
(a) IN GENERAL.—Part C of subtitle VII is amended
by adding at the end the following:
224
‘‘CHAPTER 483—ADJUSTMENT OF TRUST
FUND AUTHORIZATIONS
‘‘Sec.
‘‘48301. Definitions.
‘‘48302. Adjustments to align aviation authorizations with revenues.
‘‘48303. Adjustment to AIP program funding.
‘‘48304. Estimated aviation income.
‘‘§ 48301. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) BASE YEAR.—The term ‘base year’ means
the second fiscal year before the fiscal year for
which the calculation is being made.
‘‘(2) AIP PROGRAM.—The term ‘AIP program’
means the programs for which amounts are made
available under section 48103.
‘‘(3) AVIATION INCOME.—The term ‘aviation in-
come’ means the tax receipts credited to the Airport
and Airway Trust Fund and any interest attrib-
utable to the Fund.
‘‘§ 48302. Adjustment to align aviation authorizations
with revenues
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—Begin-
ning with fiscal year 2003, if the actual level of aviation
income for the base year is greater or less than the esti-
mated aviation income level specified in section 48304 for
the base year, the amounts authorized to be appropriated
(or made available) for the fiscal year under each of sec-
225
tions 106(k), 48101, 48102, and 48103 are adjusted as
follows:
‘‘(1) If the actual level of aviation income for
the base year is greater than the estimated aviation
income level specified in section 48304 for the base
year, the amount authorized to be appropriated (or
made available) for such section is increased by an
amount determined by multiplying the amount of
the excess by the ratio for such section set forth in
subsection (b).
‘‘(2) If the actual level of aviation income for
the base year is less than the estimated aviation in-
come level specified in section 48304 for the base
year, the amount authorized to be appropriated (or
made available) for such section is decreased by an
amount determined by multiplying the amount of
the shortfall by the ratio for such section set forth
in subsection (b).
‘‘(b) RATIO.—The ratio referred to in subsection (a)
with respect to section 106(k), 48101, 48102, or 48103,
as the case may be, is the ratio that—
‘‘(1) the amount authorized to be appropriated
(or made available) under such section for the fiscal
year; bears to
226
‘‘(2) the total sum of amounts authorized to be
appropriated (or made available) under all of such
sections for the fiscal year.
‘‘(c) PRESIDENT’S BUDGET.—When the President
submits a budget for a fiscal year under section 1105 of
title 31, United States Code, the Director of the Office
of Management and Budget shall calculate and the budget
shall report any increase or decrease in authorization lev-
els resulting from this section.
‘‘§ 48303. Adjustment to AIP program funding
‘‘On the effective date of a general appropriations Act
providing appropriations for a fiscal year beginning after
September 30, 2000, for the Federal Aviation Administra-
tion, the amount made available for a fiscal year under
section 48103 shall be increased by the amount, if any,
by which—
‘‘(1) the total sum of amounts authorized to be
appropriated under all of sections 106(k), 48101,
and 48102 for such fiscal year, including adjust-
ments made under section 48302; exceeds
‘‘(2) the amounts appropriated for programs
funded under such sections for such fiscal year.
Any contract authority made available by this section shall
be subject to an obligation limitation.
227
‘‘§ 48304. Estimated aviation income
‘‘For purposes of section 48302, the estimated avia-
tion income levels are as follows:
‘‘(1) $10,734,000,000 for fiscal year 2001.
‘‘(2) $11,603,000,000 for fiscal year 2002.
‘‘(3) $12,316,000,000 for fiscal year 2003.
‘‘(4) $13,062,000,000 for fiscal year 2004.’’.
(b) CONFORMING AMENDMENT.—The table of chap-
ters for subtitle VII of such title is amended by inserting
after the item relating to chapter 482 the following:
‘‘483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS ........ 48301’’.
SEC. 1002. BUDGET ESTIMATES.
Upon the enactment of this Act, the Director of the
Office of Management and Budget shall not make any es-
timates under section 252(d) of the Balanced Budget and
Emergency Deficit Control Act of 1985 of changes in di-
rect spending outlays and receipts for any fiscal year re-
sulting from this title and title IX, including the amend-
ments made by such titles.
SEC. 1003. SENSE OF THE CONGRESS ON FULLY OFFSET-
TING INCREASED AVIATION SPENDING.
It is the sense of the Congress that—
(1) air passengers and other users of the air
transportation system pay aviation taxes into a trust
fund dedicated solely to improve the safety, security,
and efficiency of the aviation system;
228
(2) from fiscal year 2001 to fiscal year 2004,
air passengers and other users will pay more than
$14.3 billion more in aviation taxes into the Airport
and Airway Trust Fund than the concurrent resolu-
tion on the budget for fiscal year 2000 provides
from such Fund for aviation investment under his-
torical funding patterns;
(3) the Aviation Investment and Reform Act for
the 21st Century provides $14.3 billion of aviation
investment above the levels assumed in that budget
resolution for such fiscal years; and
(4) this increased funding will be fully offset by
recapturing unspent aviation taxes and reducing the
$778 billion general tax cut assumed in that budget
resolution by the appropriate amount.
TITLE XI—EXTENSION OF AIR-
PORT 
AND 
AIRWAY 
TRUST
FUND 
EXPENDITURE 
AU-
THORITY
SEC. 1101. 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, 2004’’; and
229
(2) by inserting before the semicolon at the end
of subparagraph (A) the following ‘‘or the provisions
of the Omnibus Consolidated and Emergency Sup-
plemental Appropriations Act, 1999 providing for
payments from the Airport and Airway Trust Fund
or the Interim Federal Aviation Administration Au-
thorization Act or section 6002 of the 1999 Emer-
gency Supplemental Appropriations Act or the Avia-
tion Investment and Reform Act for the 21st Cen-
tury’’.
(b) LIMITATION ON EXPENDITURE AUTHORITY.—
Section 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 ex-
penditure is so permitted shall be made without re-
gard to—
‘‘(A) any provision of law which is not con-
tained or referenced in this title or in a revenue
Act; and
230
‘‘(B) whether such provision of law is a
subsequently enacted provision or directly or in-
directly seeks to waive the application of this
subsection.
‘‘(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, 1999,
in accordance with the provisions of this section.’’.
Passed the House of Representatives June 15, 1999.
Attest:
Clerk.