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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 alter-
nating 1-year terms as chairman of the advisory
group, with the representative of the Federal Aviation
Administration serving initially until the end of the
calendar year following the year in which the advi-
sory 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. 604. 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. 605. 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 VII—TITLE 49 TECHNICAL
CORRECTIONS
SEC. 701. 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,
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and 44938(a) and (b), chapter 451, sections 45302–45304,’’
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. 702. RESTATEMENT OF 49 U.S.C. 44909.
Section 44909(a)(2) is amended by striking ‘‘shall’’
and inserting ‘‘should’’.
TITLE VIII—TRANSFER OF AERO-
NAUTICAL CHARTING ACTIV-
ITY
SEC. 801. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.
Effective October 1, 2000, there are transferred to the
Federal Aviation Administration and vested in the Admin-
istrator of the Federal Aviation Administration the func-
tions, powers, and duties of the Secretary of Commerce and
other officers of the Department of Commerce that relate
to the Office of Aeronautical Charting and Cartography and
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are set forth in section 44721 of title 49, United States
Code.
SEC. 802. TRANSFER OF OFFICE, PERSONNEL AND FUNDS.
(a) Effective October 1, 2000 the Office of Aeronautical
Charting and Cartography of the National Oceanic and At-
mospheric Administration, Department of Commerce, is
transferred to the Federal Aviation Administration.
(b) Effective October 1, 2000 the personnel employed
in connection with, and the assets, liabilities, contracts,
property, equipment, facilities, records, and unexpended
balance of appropriations, and other funds employed, held,
used, arising from, available to, or to be made available
in connection with the function and offices, or portions of
offices, transferred by this Act, including all Senior Execu-
tive Service positions, subject to section 1531 of title 31,
United States Code, are transferred to the Administrator
of the Federal Aviation Administration for appropriate al-
location. Personnel employed in connection with functions
transferred by this Act transfer under any applicable law
and regulation relating to transfer of functions. Unex-
pended funds transferred under this section shall be used
only for the purposes for which the funds were originally
authorized and appropriated, except that funds may be used
for expenses associated with the transfer authorized by this
Act.
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SEC. 803. AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) IN GENERAL.—Section 44721 is amended to read
as follows:
‘‘§ 44721. Aeronautical charts and related products
and services
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration is invested with and shall exercise,
effective October 1, 2000 the functions, powers, and duties
of the Secretary of Commerce and other officers of the De-
partment of Commerce that relate to the Office of Aero-
nautical Charting and Cartography to provide aeronautical
charts and related products and services for the safe and
efficient navigation of air commerce, under the following
authorities:
‘‘(1) Sections 1 through 9 of the Act entitled ‘‘An
Act to define the functions and duties of the Coast
and Geodetic Survey, and for other purposes’’, ap-
proved August 6, 1947, (33 U.S.C. 883a-883h).
‘‘(2) Section 6082 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (33 U.S.C. 883j).
‘‘(3) Section 1307 of title 44, United States
Code.
‘‘(4) The provision of title II of the Departments
of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1995 under the
heading ‘National Oceanic and Atmospheric Adminis-
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tration’ relating to aeronautical charts (44 U.S.C.
1307 nt).
‘‘(b) AUTHORITY TO CONDUCT SURVEYS.—To provide
aeronautical charts and related products and services for
the safe and efficient navigation of air commerce, and to
provide basic data for engineering and scientific purposes
and for other commercial and industrial needs, the Admin-
istrator is authorized to conduct the following activities:
‘‘(1) Aerial and field surveys for aeronautical
charts.
‘‘(2) Other airborne and field surveys when in
the best interest of the United States Government.
‘‘(3) Acquiring, owning, operating, maintaining
and staffing aircraft in support of surveys.
‘‘(c) ADDITIONAL AUTHORITY.—In order that full pub-
lic benefit may be derived from the dissemination of data
resulting from activities under this section and of related
data from other sources, the Administrator is authorized to
conduct the following activities:
‘‘(1) Developing, processing, disseminating and
publishing of digital and analog data, information,
compilations, and reports.
‘‘(2) Compiling, printing, and disseminating
aeronautical charts and related products and services
of the United States, its Territories, and possessions.
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‘‘(3) Compiling, printing and disseminating
aeronautical charts and related products and services
covering international airspace as are required pri-
marily by United States civil aviation.
‘‘(4) Compiling, printing and disseminating
non-aeronautical navigational, transportation or pub-
lic-safety-related products and services when in the
best interests of the United States Government.
‘‘(d) CONTRACT, COOPERATIVE AGREEMENTS, GRANTS,
AND OTHER AGREEMENTS.—
‘‘(1) The Administrator is authorized to contract
with qualified organizations for the performance of
any part of the authorized functions of the Office of
Aeronautical Charting and Cartography when the
Administrator deems such procedure to be in the pub-
lic interest and will not compromise public safety.
‘‘(2) The Administrator is authorized to enter
into cooperative agreements, grants, reimbursable
agreements, memoranda of understanding and other
agreements, with a State, subdivision of a State, Fed-
eral agency, public or private organization, or indi-
vidual, to carry out the purposes of this section.
‘‘(e) SPECIAL SERVICES AND PRODUCTS.—
‘‘(1) The Administrator is authorized, at the re-
quest of a State, subdivision of a State, Federal agen-
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cy, public or private organization, or individual, to
conduct special services, including making special
studies, or developing special publications or products
on matters relating to navigation, transportation, or
public safety.
‘‘(2) The Administrator shall assess a fee for any
special service provided under paragraph (1). A fee
shall be not more than the actual or estimated full
cost of the service. A fee may be reduced or waived
for research organizations, educational organizations,
or non-profit organizations, when the Administrator
determines that reduction or waiver of the fee is in
the best interest of the United States Government by
furthering public safety.
‘‘(f) SALE
AND DISSEMINATION
OF AERONAUTICAL
PRODUCTS.—
‘‘(1) Aeronautical products created or main-
tained under the authority of this section shall be sold
at prices established annually by the Administrator
consistent with the following:
‘‘(A) Subject to subparagraph (B), the price
of an aeronautical product sold to the public
shall be not more than necessary to recover all
costs attributable to (i) data base management
and processing; (ii) compilation; (iii) printing
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or other types of reproduction; and (iv) dissemi-
nation of the product.
‘‘(B) The Administrator shall adjust the
price of an aeronautical product and service sold
to the public as necessary to avoid any adverse
impact on aviation safety attributable to the
price specified under this paragraph.
‘‘(C) A price established under this para-
graph may not include costs attributable to the
acquisition of aeronautical data.
‘‘(2) The Administrator shall publish annually
the prices at which aeronautical products are sold to
the public.
‘‘(3) The Administrator may distribute aero-
nautical products and provide aeronautical services—
‘‘(A) without charge to each foreign govern-
ment or international organization with which
the Administrator or a Federal agency has an
agreement for exchange of these products or serv-
ices without cost;
‘‘(B) at prices the Administrator establishes,
to the departments and officers of the United
States requiring them for official use; and
‘‘(C) at reduced or no charge where, in the
judgment of the Administrator, furnishing the
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aeronautical product or service to a recipient is
a reasonable exchange for voluntary contribution
of information by the recipient to the activities
under this section.
‘‘(4) The fees provided for in this subsection are
for the purpose of reimbursing the United States Gov-
ernment for the costs of creating, printing and dis-
seminating aeronautical products and services under
this section. The collection of fees authorized by this
section does not alter or expand any duty or liability
of the Government under existing law for the perform-
ance of functions for which fees are collected, nor does
the collection of fees constitute an express or implied
undertaking by the Government to perform any activ-
ity in a certain manner.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
of chapter 447 is amended by adding at the end thereof the
following:
‘‘44721. Aeronautical charts and related products and services.’’.
SEC. 804. SAVINGS PROVISION.
(a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—All
orders, determinations, rules, regulations, permits, con-
tracts, certificates, licenses, privileges, and financial assist-
ance that—
(1) have been issued, made, granted, or allowed
to become effective by the President of the United
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States, the Secretary of Commerce, the National Oce-
anic and Atmospheric Administration (NOAA) Ad-
ministrator, any Federal agency or official thereof, or
by a court of competent jurisdiction, in the perform-
ance of functions which are transferred by this Act;
and
(2) are in effect on the date of transfer, shall con-
tinue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in ac-
cordance with law by the President of the United
States, the Administrator, a court of competent juris-
diction, or by operation of law.
(b) CONTINUED EFFECTIVENESS
OF PENDING AC-
TIONS.—
(1) The provisions of this Act shall not affect
any proceedings, including notices of proposed rule-
making, or any application for any license, permit,
certificate, or financial assistance pending on the date
of transfer before the Department of Commerce or the
NOAA Administrator, or any officer thereof with re-
spect to functions transferred by this Act; but such
proceedings or applications, to the extent that they re-
late to functions transferred, shall be continued in ac-
cord with transition guidelines promulgated by the
Administrator under the authority of this section. Or-
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ders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or re-
voked by the Administrator, by a court of competent
jurisdiction, or by operation of law. Nothing in this
subsection prohibits the discontinuance or modifica-
tion of any such proceeding under the same terms and
conditions and to the same extent that such pro-
ceeding could have been discontinued or modified if
this Act had not been enacted.
(2) The Secretary of Commerce, the NOAA Ad-
ministrator, and the Administrator of the Federal
Aviation Administration are authorized to issue tran-
sition guidelines providing for the orderly transfer of
proceedings and otherwise to accomplish the orderly
transfer of functions, personnel and property under
this Act.
(c) CONTINUED EFFECTIVENESS
OF JUDICIAL AC-
TIONS.—No cause of action by or against the Department
of Commerce or the National Oceanic and Atmospheric Ad-
ministration with respect to functions transferred by this
Act, or by or against any officer thereof in the official’s
capacity, shall abate by reason of the enactment of this Act.
Causes of action and actions with respect to a function or
office transferred by this Act, or other proceedings may be
asserted by or against the United States or an official of
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the Federal Aviation Administration, as may be appro-
priate, and, in an action pending when this Act takes effect,
the court may at any time, on its own motion or that of
any party, enter an order that will give effect to the provi-
sions of this subsection.
(d) SUBSTITUTION OR ADDITION OF PARTIES TO JUDI-
CIAL ACTIONS.—If, on the date of transfer, the Department
of Commerce or the National Oceanic and Atmospheric Ad-
ministration, or any officer thereof in the official’s capac-
ity, is a party to an action, and under this Act any func-
tion relating to the action of such Department, Administra-
tion, or officer is transferred to the Federal Aviation Ad-
ministration, then such action shall be continued with the
Administrator of the Federal Aviation Administration sub-
stituted or added as a party.
(e) CONTINUED JURISDICTION OVER ACTIONS TRANS-
FERRED.—Orders and actions of the Administrator of the
Federal Aviation Administration in the exercise of func-
tions transferred by this Act shall be subject to judicial re-
view to the same extent and in the same manner as if such
orders and actions had been by the Department of Com-
merce or the National Oceanic and Atmospheric Adminis-
tration, or any office or officer thereof, in the exercise of
such functions immediately preceding their transfer.
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(f) LIABILITIES
AND OBLIGATIONS.—The Adminis-
trator shall assume all liabilities and obligations (tangible
and incorporeal, present and executory) associated with the
functions transferred under this Act on the date of transfer,
including leases, permits, licenses, contracts, agreements,
claims, tariffs, accounts receivable, accounts payable, finan-
cial assistance, and litigation relating to such obligations,
regardless whether judgment has been entered, damages
awarded, or appeal taken.
SEC. 805. NATIONAL OCEAN SURVEY.
(a) Section 1 of the Act entitled ‘‘An Act to define the
functions and duties of the Coast and Geodetic Survey, and
for other purposes’’, approved August 6, 1947, (33 U.S.C.
883a) is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) Hydrographic, topographic and other types
of field surveys;’’; and
(2) by striking paragraph (4) and redesignating
paragraph (5) as paragraph (4).
(b) Section 2 of that Act (33 U.S.C. 883b) is
amended—
(1) by striking paragraphs (3) and (5), and re-
designating paragraph (4) and (6) as paragraphs (3)
and (4), respectively;
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(2) by striking ‘‘charts of the United States, its
Territories, and possessions;’’ in paragraph (3), as re-
designated, and inserting ‘‘charts;’’; and
(3) by striking ‘‘publications for the United
States, its Territories, and possessions’’ in paragraph
(4), as redesignated, and inserting ‘‘publications.’’.
(c) Section 5(1) of that Act (33 U.S.C. 883e(1)) is
amended by striking ‘‘cooperative agreements’’ and insert-
ing ‘‘cooperative agreements, or any other agreements,’’.
SEC. 806. SALE AND DISTRIBUTION OF NAUTICAL AND
AERONAUTICAL PRODUCTS BY NOAA.
(a) Section 1307 of title 44, United States Code, is
amended by striking ‘‘and aeronautical’’ and ‘‘or aero-
nautical’’ each place they appear.
(b) Section 1307(a)(2)(B) of title 44, United States
Code, is amended by striking ‘‘aviation and’’.
(c) Section 1307(d) of title 44, United States Code, is
amended by striking ‘‘aeronautical and’’.
TITLE 
IX—MANAGEMENT 
RE-
FORMS 
OF 
THE 
FEDERAL
AVIATION ADMINISTRATION
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Air Traffic Manage-
ment Improvement Act of 1999’’.
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SEC. 902. AMENDMENTS TO TITLE 49, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision
of law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 903. DEFINITIONS.
In this title:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Department of Transportation.
SEC. 904. FINDINGS.
The Congress makes the following findings:
(1) The Nation’s air transportation system is
projected to grow by 3.4 percent per year over the
next 12 years.
(2) Passenger enplanements are expected to rise
to more than 1 billion by 2009, from the current level
of 660 million.
(3) The aviation industry is one of our Nation’s
critical industries, providing a means of travel to
people throughout the world, and a means of moving
cargo around the globe.
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(4) The ability of all sectors of American society,
urban and rural, to access and to compete effectively
in the new and dynamic global economy requires the
ability of the aviation industry to serve all the Na-
tion’s communities effectively and efficiently.
(5) The Federal Government’s role is to promote
a safe and efficient national air transportation sys-
tem through the management of the air traffic control
system and through effective and sufficient investment
in aviation infrastructure, including the Nation’s air-
ports.
(6) Numerous studies and reports, including the
National Civil Aviation Review Commission, have
concluded that the projected expansion of air service
may be constrained by gridlock in our Nation’s air-
ways, unless substantial management reforms are ini-
tiated for the Federal Aviation Administration.
(7) The Federal Aviation Administration is re-
sponsible for safely and efficiently managing the Na-
tional Airspace System 365 days a year, 24 hours a
day.
(8) The Federal Aviation Administration’s abil-
ity to efficiently manage the air traffic system in the
United States is restricted by antiquated air traffic
control equipment.
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(9) The Congress has previously recognized that
the Administrator needs relief from the Federal Gov-
ernment’s cumbersome personnel and procurement
laws and regulations to take advantage of emerging
technologies and to hire and retain effective man-
agers.
(10) The ability of the Administrator to achieve
greater efficiencies in the management of the air traf-
fic control system requires additional management re-
forms, such as the ability to offer incentive pay for
excellence in the employee workforce.
(11) The ability of the Administrator to effec-
tively manage finances is dependent in part on the
Federal Aviation Administration’s ability to enter
into long-term debt and lease financing of facilities
and equipment, which in turn is dependent on sus-
tained sound audits and implementation of a cost
management program.
(12) The Administrator should use the full au-
thority of the Federal Aviation Administration to
make organizational changes to improve the efficiency
of the air traffic control system, without compro-
mising the Federal Aviation Administration’s pri-
mary mission of protecting the safety of the travelling
public.
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SEC. 905. AIR TRAFFIC CONTROL SYSTEM DEFINED.
Section 40102(a) is amended—
(1) by redesignating paragraphs (5) through (41)
as paragraphs (6) through (42), respectively; and
(2) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) ‘air traffic control system’ means the com-
bination of elements used to safely and efficiently
monitor, direct, control, and guide aircraft in the
United States and United States-assigned airspace,
including—
‘‘(A) allocated electromagnetic spectrum and
physical, real, personal, and intellectual prop-
erty assets making up facilities, equipment, and
systems employed to detect, track, and guide air-
craft movement;
‘‘(B) laws, regulations, orders, directives,
agreements, and licenses;
‘‘(C) published procedures that explain re-
quired actions, activities, and techniques used to
ensure adequate aircraft separation; and
‘‘(D) trained personnel with specific tech-
nical capabilities to satisfy the operational, engi-
neering, management, and planning require-
ments for air traffic control.’’.
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SEC. 906. CHIEF OPERATING OFFICER FOR AIR TRAFFIC
SERVICES.
(a) Section 106 is amended by adding at the end the
following:
‘‘(r) CHIEF OPERATING OFFICER.—
‘‘(1) IN GENERAL.—
‘‘(A) APPOINTMENT.—There shall be a Chief
Operating Officer for the air traffic control sys-
tem to be appointed by the Administrator, after
consultation with the Management Advisory
Council. The Chief Operating Officer shall report
directly to the Administrator and shall be subject
to the authority of the Administrator.
‘‘(B) QUALIFICATIONS.—The Chief Oper-
ating Officer shall have a demonstrated ability
in management and knowledge of or experience
in aviation.
‘‘(C) TERM.—The Chief Operating Officer
shall be appointed for a term of 5 years.
‘‘(D) REMOVAL.—The Chief Operating Offi-
cer shall serve at the pleasure of the Adminis-
trator, except that the Administrator shall make
every effort to ensure stability and continuity in
the leadership of the air traffic control system.
‘‘(E) COMPENSATION.—
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‘‘(i) The Chief Operating Officer shall
be paid at an annual rate of basic pay not
to exceed that of the Administrator, includ-
ing any applicable locality-based payment.
This basic rate of pay shall subject the chief
operating officer to the post-employment
provisions of section 207 of title 18 as if
this position were described in section
207(c)(2)(A)(i) of that title.
‘‘(ii) In addition to the annual rate of
basic pay authorized by paragraph (1) of
this subsection, the Chief Operating Officer
may receive a bonus not to exceed 50 per-
cent of the annual rate of basic pay, based
upon the Administrator’s evaluation of the
Chief Operating Officer’s performance in re-
lation to the performance goals set forth in
the performance agreement described in sub-
section (b) of this section. A bonus may not
cause the Chief Operating Officer’s total ag-
gregate compensation in a calendar year to
equal or exceed the amount of the Presi-
dent’s salary under section 102 of title 3,
United States Code.
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‘‘(2) ANNUAL PERFORMANCE AGREEMENT.—The
Administrator and the Chief Operating Officer shall
enter into an annual performance agreement that sets
forth measurable organization and individual goals
for the Chief Operating Officer in key operational
areas. The agreement shall be subject to review and
renegotiation on an annual basis.
‘‘(3) 
ANNUAL
PERFORMANCE
REPORT.—The
Chief Operating Officer shall prepare and submit to
the Secretary of Transportation and Congress an an-
nual management report containing such information
as may be prescribed by the Secretary.
‘‘(4) 
RESPONSIBILITIES.—The 
Administrator
may delegate to the Chief Operating Officer, or any
other authority within the Federal Aviation Adminis-
tration responsibilities, including, but not limited to
the following:
‘‘(A) STRATEGIC
PLANS.—To develop a
strategic plan of the Federal Aviation Adminis-
tration for the air traffic control system, includ-
ing the establishment of—
‘‘(i) a mission and objectives;
‘‘(ii) standards of performance relative
to such mission and objectives, including
safety, efficiency, and productivity; and
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‘‘(iii) annual and long-range strategic
plans.
‘‘(iv) methods of the Federal Aviation
Administration to accelerate air traffic con-
trol modernization and improvements in
aviation safety related to air traffic control.
‘‘(B) OPERATIONS.—To review the oper-
ational functions of the Federal Aviation Admin-
istration, including—
‘‘(i) modernization of the air traffic
control system;
‘‘(ii) increasing productivity or imple-
menting cost-saving measures; and
‘‘(iii) training and education.
‘‘(C) BUDGET.—To—
‘‘(i) develop a budget request of the
Federal Aviation Administration related to
the air traffic control system prepared by
the Administrator;
‘‘(ii) submit such budget request to the
Administrator and the Secretary of Trans-
portation; and
‘‘(iii) ensure that the budget request
supports the annual and long-range stra-
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tegic plans developed under paragraph
(4)(A) of this subsection.
‘‘(5) BUDGET SUBMISSION.—The Secretary shall
submit the budget request prepared under paragraph
(4)(D) of this subsection for any fiscal year to the
President who shall submit such request, without revi-
sion, to the Committees on Transportation and Infra-
structure and Appropriations of the House of Rep-
resentatives and the Committees on Commerce,
Science, and Transportation and Appropriations of
the Senate, together with the President’s annual budg-
et request for the Federal Aviation Administration for
such fiscal year.’’.
SEC. 907. FEDERAL AVIATION MANAGEMENT ADVISORY
COUNCIL.
(a) MEMBERSHIP.—Section 106(p)(2)(C) is amended
to read as follows:
‘‘(C) 13 members representing aviation in-
terests, appointed by—
‘‘(i) in the case of initial appointments
to the Council, the President by and with
the advice and consent of the Senate; and
‘‘(ii) in the case of subsequent appoint-
ments to the Council, the Secretary of
Transportation.’’.
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(b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i) is
amended by striking ‘‘by the President’’.
(c) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Section
106(p)(6) is amended by adding at the end thereof the fol-
lowing:
‘‘(E) 
AIR
TRAFFIC
SERVICES
SUB-
COMMITTEE.—The Chairman of the Management
Advisory Council shall constitute an Air Traffic
Services Subcommittee to provide comments, rec-
ommend modifications, and provide dissenting
views to the Administrator on the performance of
air traffic services, including—
‘‘(i) the performance of the Chief Oper-
ating Officer and other senior managers
within the air traffic organization of the
Federal Aviation Administration;
‘‘(ii) long-range and strategic plans for
air traffic services;
‘‘(iii) review the Administrator’s selec-
tion, evaluation, and compensation of sen-
ior executives of the Federal Aviation Ad-
ministration who have program manage-
ment responsibility over significant func-
tions of the air traffic control system;
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‘‘(iv) review and make recommenda-
tions to the Administrator’s plans for any
major reorganization of the Federal Avia-
tion Administration that would effect the
management of the air traffic control sys-
tem;
‘‘(v) review, and make recommenda-
tions to the Administrator’s cost allocation
system and financial management structure
and technologies to help ensure efficient and
cost-effective air traffic control operation;
‘‘(vi) review the performance and co-
operation of managers responsible for major
acquisition projects, including the ability of
the managers to meet schedule and budget
targets; and
‘‘(vii) other significant actions that the
Subcommittee considers appropriate and
that are consistent with the implementation
of this Act.’’.
SEC. 908. COMPENSATION OF THE ADMINISTRATOR.
Section 106(b) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The’’; and
(2) by adding at the end the following:
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‘‘(2) In addition to the annual rate of pay au-
thorized for the Administrator, the Administrator
may receive a bonus not to exceed 50 percent of the
annual rate of basic pay, based upon the Secretary’s
evaluation of the Administrator’s performance in re-
lation to the performance goals set forth in a perform-
ance agreement. A bonus may not cause the Adminis-
trator’s total aggregate compensation in a calendar
year to equal or exceed the amount of the President’s
salary under section 102 of title 3, United States
Code.’’.
SEC. 909. NATIONAL AIRSPACE REDESIGN.
(a) FINDINGS RELATING
TO
THE NATIONAL AIR-
SPACE.—The Congress makes the following additional find-
ings:
(1) The national airspace, comprising more than
29 million square miles, handles more than 55,000
flights per day.
(2) Almost 2,000,000 passengers per day traverse
the United States through 20 major en route centers
including more than 700 different sectors.
(3) Redesign and review of the national airspace
may produce benefits for the travelling public by in-
creasing the efficiency and capacity of the air traffic
control system and reducing delays.
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(4) Redesign of the national airspace should be
a high priority for the Federal Aviation Administra-
tion and the air transportation industry.
(b) REDESIGN REPORT.—The Administrator, with ad-
vice from the aviation industry and other interested parties,
shall conduct a comprehensive redesign of the national air-
space system and shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate
and to the Committee on Transportation and Infrastructure
of the House on the Administrator’s comprehensive national
airspace redesign. The report shall include projected mile-
stones for completion of the redesign and shall also include
a date for completion. The report must be submitted to the
Congress no later than December 31, 2000. There are au-
thorized to be appropriated to the Administrator to carry
out this section $12,000,000 for fiscal years 2000, 2001, and
2002.
SEC. 910. FAA COSTS AND ALLOCATIONS SYSTEM MANAGE-
MENT.
(a) REPORT ON THE COST ALLOCATION SYSTEM.—No
later than July 9, 2000, the Administrator shall submit a
report to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House on the cost allocation
system currently under development by the Federal Avia-
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tion Administration. The report shall include a specific
date for completion and implementation of the cost alloca-
tion system throughout the agency and shall also include
the timetable and plan for the implementation of a cost
management system.
(b) INDEPENDENT ASSESSMENT.—
(1) IN GENERAL.—The Inspector General of the
Department of Transportation shall conduct the as-
sessments described in this subsection. To conduct the
assessments, the Inspector General may use the staff
and resources of the Inspector General or contract
with one or more independent entities.
(2) ASSESSMENT OF ADEQUACY AND ACCURACY
OF FEDERAL AVIATION ADMINISTRATION COST DATA
AND ATTRIBUTIONS.—
(A) IN
GENERAL.—The Inspector General
shall conduct an assessment to ensure that the
method for calculating the overall costs of the
Federal Aviation Administration and attrib-
uting such costs to specific users is appropriate,
reasonable, and understandable to the users.
(B) COMPONENTS.—In conducting the as-
sessment under this paragraph, the Inspector
General shall assess the Federal Aviation Admin-
istration’s definition of the services to which the
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Federal Aviation Administration ultimately at-
tributes its costs.
(3) COST EFFECTIVENESS.—
(A) IN
GENERAL.—The Inspector General
shall assess the progress of the Federal Aviation
Administration in cost and performance man-
agement, including use of internal and external
benchmarking in improving the performance and
productivity of the Federal Aviation Administra-
tion.
(B) ANNUAL REPORTS.—Not later than De-
cember 31, 2000, the Inspector General shall
transmit to Congress an updated report con-
taining the results of the assessment conducted
under this paragraph.
(C) INFORMATION TO BE INCLUDED IN FED-
ERAL AVIATION ADMINISTRATION FINANCIAL RE-
PORT.—The Administrator shall include in the
annual financial report of the Federal Aviation
Administration information on the performance
of the Administration sufficient to permit users
and others to make an informed evaluation of
the progress of the Administration in increasing
productivity.
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SEC. 911. AIR TRAFFIC MODERNIZATION PILOT PROGRAM.
(a) IN GENERAL.—Chapter 445 is amended by adding
at the end thereof the following:
‘‘§ 44516. Air traffic modernization joint venture pilot
program
‘‘(a) PURPOSE.—It is the purpose of this section to im-
prove aviation safety and enhance mobility of the Nation’s
air transportation system by facilitating the use of joint
ventures and innovative financing, on a pilot program
basis, between the Federal Aviation Administration and in-
dustry, to accelerate investment in critical air traffic con-
trol facilities and equipment.
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) 
ASSOCIATION.—The 
term 
‘Association’
means the Air Traffic Modernization Association es-
tablished by this section.
‘‘(2) PANEL.—The term ‘panel’ means the execu-
tive panel of the Air Traffic Modernization Associa-
tion.
‘‘(3) OBLIGOR.—The term ‘obligor’ means a pub-
lic airport, an air carrier or foreign air carrier that
operates a public airport, or a consortium consisting
of 2 or more of such entities.
‘‘(4) ELIGIBLE
PROJECT.—The term ‘eligible
project’ means a project relating to the Nation’s air
traffic control system that promotes safety, efficiency
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or mobility, and is included in the Airway Capital
Investment 
Plan 
required 
by 
section 
44502,
including—
‘‘(A) airport-specific air traffic facilities
and equipment, including local area augmenta-
tion systems, instrument landings systems,
weather and wind shear detection equipment,
lighting improvements and control towers;
‘‘(B) automation tools to effect improve-
ments in airport capacity, including passive
final approach spacing tools and traffic manage-
ment advisory equipment; and
‘‘(C) facilities and equipment that enhance
airspace control procedures, including consolida-
tion of terminal radar control facilities and
equipment, or assist in en route surveillance, in-
cluding oceanic and off-shore flight tracking.
‘‘(5) SUBSTANTIAL COMPLETION.—The term ‘sub-
stantial completion’ means the date upon which a
project becomes available for service.
‘‘(c) AIR TRAFFIC MODERNIZATION ASSOCIATION.—
‘‘(1) IN GENERAL.—There may be established in
the District of Columbia a private, not for profit cor-
poration, which shall be known as the Air Traffic
Modernization Association, for the purpose of pro-
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viding assistance to obligors through arranging lease
and debt financing of eligible projects.
‘‘(2) NON-FEDERAL
ENTITY.—The Association
shall not be an agency, instrumentality or establish-
ment of the United States Government and shall not
be a ‘wholly-owned Government controlled corpora-
tion’ as defined in section 9101 of title 31, United
States Code. No action under section 1491 of title 28,
United States Code, shall be allowable against the
United States based on the actions of the Association.
‘‘(3) EXECUTIVE PANEL.—
‘‘(A) The Association shall be under the di-
rection of an executive panel made up of 3 mem-
bers, as follows—
‘‘(i) 1 member shall be an employee of
the Federal Aviation Administration to be
appointed by the Administrator;
‘‘(ii) 1 member shall be a representa-
tive of commercial air carriers, to be ap-
pointed by the Management Advisory Coun-
cil; and
‘‘(iii) 1 member shall be a representa-
tive of operators of primary airports, to be
appointed by the Management Advisory
Council.
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‘‘(B) The panel shall elect from among its
members a chairman who shall serve for a term
of 1 year and shall adopt such bylaws, policies,
and administrative provisions as are necessary
to the functioning of the Association.
‘‘(4) POWERS, DUTIES AND LIMITATIONS.—Consistent
with sound business techniques and provisions of this chap-
ter, the Association is authorized—
‘‘(A) to borrow funds and enter into lease
arrangements as lessee with other parties relat-
ing to the financing of eligible projects, provided
that any public debt issuance shall be rated in-
vestment grade by a nationally recognized statis-
tical rating organization;
‘‘(B) to lend funds and enter into lease ar-
rangements as lessor with obligors, but—
‘‘(i) the term of financing offered by
the Association shall not exceed the useful
life of the eligible project being financed, as
estimated by the Administrator; and
‘‘(ii) the aggregate amount of combined
debt and lease financing provided under
this subsection for air traffic control facili-
ties and equipment—
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‘‘(I) may not exceed $500,000,000
per fiscal year for fiscal years 2000,
2001, and 2002;
‘‘(II) shall be used for not more
than 10 projects; and
‘‘(III) may not provide funding
in excess of $50,000,000 for any single
project; and
‘‘(C) to exercise all other powers that
are necessary and proper to carry out the
purposes of this section.
‘‘(5) PROJECT SELECTION CRITERIA.—In select-
ing eligible projects from applicants to be funded
under this section, the Association shall consider the
following criteria:
‘‘(A) The eligible project’s contribution to
the national air transportation system, as out-
lined in the Federal Aviation Administration’s
modernization plan for alleviating congestion,
enhancing mobility, and improving safety.
‘‘(B) The credit-worthiness of the revenue
stream pledged by the obligor.
‘‘(C) The extent to which assistance by the
Association will enable the obligor to accelerate
the date of substantial completion of the project.
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‘‘(D) The extent of economic benefit to be
derived within the aviation industry, including
both public and private sectors.
‘‘(d) AUTHORITY TO ENTER INTO JOINT VENTURE.—
‘‘(1) IN GENERAL.—Subject to the conditions set
forth in this section, the Administrator of the Federal
Aviation Administration is authorized to enter into a
joint venture, on a pilot program basis, with Federal
and non-Federal entities to establish the Air Traffic
Modernization Association described in subsection (c)
for the purpose of acquiring, procuring or utilizing
air traffic facilities and equipment in accordance
with the Airway Capital Investment Plan.
‘‘(2) COST SHARING.—The Administrator is au-
thorized to make payments to the Association from
amounts available under section 4801(a) of this title,
provided that the agency’s share of an annual pay-
ment for a lease or other financing agreement does
not exceed the direct or imputed interest portion of
each annual payment for an eligible project. The
share of the annual payment to be made by an obligor
to the lease or other financing agreement shall be in
sufficient amount to amortize the asset cost. If the ob-
ligor is an airport sponsor, the sponsor may use rev-
enue from a passenger facility fee, provided that such