the table entitled ‘Top 1,000 City-Pair Market Sum-
marized by City’, contained in the Domestic Airline
Fares Consumer Report of the Department of
Transportation, for one or more markets for which
the airport is a part of has an average yield listed
in such table that is more than 19 cents.’’.
SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIR-
PORTS NOT RECEIVING SUFFICIENT SERV-
ICE.
(a) FUNDING FOR AIRPORTS NOT RECEIVING SUFFI-
CIENT SERVICE.—Chapter 417 is amended by adding at
the end the following:
‘‘§ 41743. Airports not receiving sufficient service
‘‘(a) TYPES
OF ASSISTANCE.—The Secretary of
Transportation may use amounts made available under
this section—
‘‘(1) to provide assistance to an air carrier to
subsidize service to and from an underserved airport
for a period not to exceed 3 years;
‘‘(2) to provide assistance to an underserved
airport to obtain jet aircraft service (and to promote
passenger use of that service) to and from the un-
derserved airport; and
‘‘(3) to provide assistance to an underserved
airport to implement such other measures as the
Secretary, in consultation with such airport, con-
siders appropriate to improve air service both in
terms of the cost of such service to consumers and
the availability of such service, including improving
air service through marketing and promotion of air
service and enhanced utilization of airport facilities.
‘‘(b) PRIORITY CRITERIA FOR ASSISTING AIRPORTS
NOT RECEIVING SUFFICIENT SERVICE.—In providing as-
sistance to airports under subsection (a), the Secretary
shall give priority to those airports for which a community
will provide, from local sources (other than airport reve-
nues), a portion of the cost of the activity to be assisted.
‘‘(c) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) UNDERSERVED AIRPORT.—The term ‘un-
derserved airport’ means a nonhub airport or small
hub airport (as such terms are defined in section
41731) that—
‘‘(A) the Secretary determines is not re-
ceiving sufficient air carrier service; or
‘‘(B) has unreasonably high airfares.
‘‘(2) UNREASONABLY
HIGH
AIRFARE.—The
term ‘unreasonably high airfare’, as used with re-
spect to an airport, means that the airfare listed in
the table entitled ‘Top 1,000 City-Pair Market Sum-
marized by City’, contained in the Domestic Airline
Fares Consumer Report of the Department of
Transportation, for one or more markets for which
the airport is a part of has an average yield listed
in such table that is more than 19 cents.
‘‘(d) AUTHORITY
TO
MAKE
AGREEMENTS
AND
INCUR OBLIGATIONS.—
‘‘(1) IN GENERAL.—The Secretary may make
agreements and incur obligations from the Airport
and Airway Trust Fund to provide assistance under
this section. An agreement by the Secretary under
this subsection is a contractual obligation of the
Government to pay the Government’s share of the
compensation. Contract authority made available by
this paragraph shall be subject to an obligation limi-
tation.
‘‘(2) AMOUNTS MADE AVAILABLE.—There shall
be available to the Secretary out of the Fund not
more than $25,000,000 for each of fiscal years 2000
through 2004 to incur obligations under this section.
Amounts made available under this section shall re-
main available until expended.’’.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 417 is amended by adding at the end the fol-
lowing:
‘‘41743. Airports not receiving sufficient service.’’.
SEC. 203. WAIVER OF LOCAL CONTRIBUTION.
Section 41736(b) is amended by adding at the end
the following:
‘‘Paragraph (4) shall not apply to any place for which a
proposal was approved or that was designated as eligible
under this section in the period beginning on October 1,
1991, and ending on December 31, 1997.’’.
SEC. 204. POLICY FOR AIR SERVICE TO RURAL AREAS.
Section 40101(a) is amended by adding at the end
the following:
‘‘(16) ensuring that consumers in all regions of
the United States, including those in small commu-
nities and rural and remote areas, have access to af-
fordable, regularly scheduled air service.’’.
SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIR-
PORT.
The Secretary of Transportation shall not deny as-
sistance with respect to a place under subchapter II of
chapter 417 of title 49, United States Code, solely on the
basis that the place is located within 70 highway miles
of a hub airport (as defined by section 41731 of such title)
if the most commonly used highway route between the
place and the hub airport exceeds 70 miles.
Subtitle B—Regional Air Service
Incentive Program
SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE IN-
CENTIVE PROGRAM.
(a) IN GENERAL.—Chapter 417 is amended by add-
ing at the end the following:
‘‘SUBCHAPTER III—REGIONAL AIR SERVICE
INCENTIVE PROGRAM
‘‘§ 41761. Purpose
‘‘The purpose of this subchapter is to improve service
by jet aircraft to underserved markets by providing assist-
ance, in the form of Federal credit instruments, to com-
muter air carriers that purchase regional jet aircraft for
use in serving those markets.
‘‘§ 41762. Definitions
‘‘In this subchapter, the following definitions apply:
‘‘(1) AIR
CARRIER.—The term ‘air carrier’
means any air carrier holding a certificate of public
convenience and necessity issued by the Secretary of
Transportation under section 41102.
‘‘(2) AIRCRAFT PURCHASE.—The term ‘aircraft
purchase’ means the purchase of commercial trans-
port aircraft, including spare parts normally associ-
ated with the aircraft.
‘‘(3) CAPITAL
RESERVE
SUBSIDY
AMOUNT.—
The term ‘capital reserve subsidy amount’ means the
amount of budget authority sufficient to cover esti-
mated long-term cost to the United States Govern-
ment of a Federal credit instrument, calculated on
a net present value basis, excluding administrative
costs and any incidental effects on government re-
ceipts or outlays in accordance with provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661
et seq.).
‘‘(4) COMMUTER
AIR
CARRIER.—The term
‘commuter air carrier’ means an air carrier that pri-
marily operates aircraft designed to have a max-
imum passenger seating capacity of 75 or less in ac-
cordance with published flight schedules.
‘‘(5) FEDERAL
CREDIT
INSTRUMENT.—The
term ‘Federal credit instrument’ means a secured
loan, loan guarantee, or line of credit authorized to
be made under this subchapter.
‘‘(6) FINANCIAL
OBLIGATION.—The term ‘fi-
nancial obligation’ means any note, bond, debenture,
or other debt obligation issued by an obligor in con-
nection with the financing of an aircraft purchase,
other than a Federal credit instrument.
‘‘(10) NEW ENTRANT AIR CARRIER.—The term
‘new entrant air carrier’ means an air carrier that
has been providing air transportation according to a
published schedule for less than 5 years, including
any person that has received authority from the Sec-
retary to provide air transportation but is not pro-
viding air transportation.
‘‘(11) NONHUB AIRPORT.—The term ‘nonhub
airport’ means an airport that each year has less
than .05 percent of the total annual boardings in the
United States.
‘‘(12) OBLIGOR.—The term ‘obligor’ means a
party primarily liable for payment of the principal of
or interest on a Federal credit instrument, which
party may be a corporation, partnership, joint ven-
ture, trust, or governmental entity, agency, or in-
strumentality.
‘‘(13) REGIONAL JET AIRCRAFT.—The term ‘re-
gional jet aircraft’ means a civil aircraft—
‘‘(A) powered by jet propulsion; and
‘‘(B) designed to have a maximum pas-
senger seating capacity of not less than 30 nor
more than 75.
‘‘(14) SECURED
LOAN.—The term ‘secured
loan’ means a direct loan funded by the Secretary in
connection with the financing of an aircraft purchase
under section 41763(b).
‘‘(15) SMALL HUB AIRPORT.—The term ‘small
hub airport’ means an airport that each year has at
least .05 percent, but less than .25 percent, of the
total annual boardings in the United States.
‘‘(16) UNDERSERVED MARKET.—The term ‘un-
derserved market’ means a passenger air transpor-
tation market (as defined by the Secretary) that—
‘‘(A) is served (as determined by the Sec-
retary) by a nonhub airport or a small hub air-
port;
‘‘(B) is not within a 40-mile radius of an
airport that each year has at least .25 percent
of the total annual boardings in the United
States; and
‘‘(C) the Secretary determines does not
have sufficient air service.
‘‘§ 41763. Federal credit instruments
‘‘(a) IN GENERAL.—Subject to this section, the Sec-
retary of Transportation may enter into agreements with
one or more obligors to make available Federal credit in-
struments, the proceeds of which shall be used to finance
aircraft purchases.
‘‘(b) SECURED LOANS.—
‘‘(1) TERMS AND LIMITATIONS.—
‘‘(A) IN GENERAL.—A secured loan under
this section with respect to an aircraft purchase
shall be on such terms and conditions and con-
tain such covenants, representatives, warran-
ties, and requirements (including requirements
for audits) as the Secretary determines appro-
priate.
‘‘(B) MAXIMUM
AMOUNT.—No secured
loan may be made under this section—
‘‘(i) that extends to more than 50 per-
cent of the purchase price (including the
value of any manufacturer credits, post-
purchase options, or other discounts) of
the aircraft, including spare parts, to be
purchased; or
‘‘(ii) that, when added to the remain-
ing balance on any other Federal credit in-
struments made under this subchapter,
provides more than $100,000,000 of out-
standing credit to any single obligor.
‘‘(C) FINAL
PAYMENT
DATE.—The final
payment on the secured loan shall not be due
later than 18 years after the date of execution
of the loan agreement.
‘‘(D) SUBORDINATION.—The secured loan
may be subordinate to claims of other holders
of obligations in the event of bankruptcy, insol-
vency, or liquidation of the obligor as deter-
mined appropriate by the Secretary.
‘‘(E) FEES.—The Secretary, subject to ap-
propriations, may establish fees at a level suffi-
cient to cover all or a portion of the costs to the
United States Government of making a secured
loan under this section. The proceeds of such
fees shall be deposited in an account to be used
by the Secretary for the purpose of admin-
istering the program established under this sub-
chapter and shall be available upon deposit
until expended.
‘‘(2) REPAYMENT.—
‘‘(A) SCHEDULE.—The Secretary shall es-
tablish a repayment schedule for each secured
loan under this section based on the projected
cash flow from aircraft revenues and other re-
payment sources.
‘‘(B) COMMENCEMENT.—Scheduled loan
repayments of principal and interest on a se-
cured loan under this section shall commence
no later than 3 years after the date of execution
of the loan agreement.
‘‘(3) PREPAYMENT.—
‘‘(A) USE
OF
EXCESS
REVENUE.—After
satisfying scheduled debt service requirements
on all financial obligations and secured loans
and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar
agreement securing financial obligations, the se-
cured loan may be prepaid at anytime without
penalty.
‘‘(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—The secured loan may be prepaid at
any time without penalty from proceeds of refi-
nancing from non-Federal funding sources.
‘‘(c) LOAN GUARANTEES.—
‘‘(1) IN
GENERAL.—A loan guarantee under
this section with respect to a loan made for an air-
craft purchase shall be made in such form and on
such terms and conditions and contain such cov-
enants, representatives, warranties, and require-
ments (including requirements for audits) as the
Secretary determines appropriate.
‘‘(2) MAXIMUM AMOUNT.—No loan guarantee
shall be made under this section—
‘‘(A) that extends to more than the unpaid
interest and 50 percent of the unpaid principal
on any loan;
‘‘(B) that, for any loan or combination of
loans, extends to more than 50 percent of the
purchase price (including the value of any man-
ufacturer credits, post-purchase options, or
other discounts) of the aircraft, including spare
parts, to be purchased with the loan or loan
combination;
‘‘(C) on any loan with respect to which
terms permit repayment more than 15 years
after the date of execution of the loan; or
‘‘(D) that, when added to the remaining
balance on any other Federal credit instruments
made under this subchapter, provides more
than $100,000,000 of outstanding credit to any
single obligor.
‘‘(3) FEES.—The Secretary, subject to appro-
priations, may establish fees at a level sufficient to
cover all or a portion of the costs to the United
States Government of making a loan guarantee
under this section. The proceeds of such fees shall
be deposited in an account to be used by the Sec-
retary for the purpose of administering the program
established under this subchapter and shall be avail-
able upon deposit until expended.
‘‘(d) LINES OF CREDIT.—
‘‘(1) IN
GENERAL.—Subject to the require-
ments of this subsection, the Secretary may enter
into agreements to make available lines of credit to
one or more obligors in the form of direct loans to
be made by the Secretary at future dates on the oc-
currence of certain events for any aircraft purchase
selected under this section.
‘‘(2) TERMS AND LIMITATIONS.—
‘‘(A) IN GENERAL.—A line of credit under
this subsection with respect to an aircraft pur-
chase shall be on such terms and conditions and
contain such covenants, representatives, war-
ranties, and requirements (including require-
ments for audits) as the Secretary determines
appropriate.
‘‘(B) MAXIMUM AMOUNT.—
‘‘(i) TOTAL AMOUNT.—The amount of
any line of credit shall not exceed 50 per-
cent of the purchase price (including the
value of any manufacturer credits, post-
purchase options, or other discounts) of
the aircraft, including spare parts.
‘‘(ii) 1–YEAR
DRAWS.—The amount
drawn in any year shall not exceed 20 per-
cent of the total amount of the line of
credit.
‘‘(C) DRAWS.—Any draw on the line of
credit shall represent a direct loan.
‘‘(D) PERIOD OF AVAILABILITY.—The line
of credit shall be available not more than 5
years after the aircraft purchase date.
‘‘(E) RIGHTS
OF
THIRD-PARTY
CREDI-
TORS.—
‘‘(i) AGAINST
UNITED
STATES
GOV-
ERNMENT.—A third-party creditor of the
obligor shall not have any right against the
United States Government with respect to
any draw on the line of credit.
‘‘(ii) ASSIGNMENT.—An obligor may
assign the line of credit to one or more
lenders or to a trustee on the lender’s be-
half.
‘‘(F) 
SUBORDINATION.—A 
direct 
loan
under this subsection may be subordinate to
claims of other holders of obligations in the
event of bankruptcy, insolvency, or liquidation
of the obligor as determined appropriate by the
Secretary.
‘‘(G) FEES.—The Secretary, subject to ap-
propriations, may establish fees at a level suffi-
cient to cover all of a portion of the costs to the
United States Government of providing a line of
credit under this subsection. The proceeds of
such fees shall be deposited in an account to be
used by the Secretary for the purpose of admin-
istering the program established under this sub-
chapter and shall be available upon deposit
until expended.
‘‘(3) REPAYMENT.—
‘‘(A) SCHEDULE.—The Secretary shall es-
tablish a repayment schedule for each direct
loan under this subsection.
‘‘(B) COMMENCEMENT.—Scheduled loan
repayments of principal or interest on a direct
loan under this subsection shall commence no
later than 3 years after the date of the first
draw on the line of credit and shall be repaid,
with interest, not later than 18 years after the
date of the first draw.
‘‘(e) RISK ASSESSMENT.—Before entering into an
agreement under this section to make available a Federal
credit instrument, the Secretary, in consultation with the
Director of the Office of Management and Budget, shall
determine an appropriate capital reserve subsidy amount
for the Federal credit instrument based on such credit
evaluations as the Secretary deems necessary.
‘‘(f) CONDITIONS.—Subject to subsection (h), the
Secretary may only make a Federal credit instrument
available under this section if the Secretary finds that—
‘‘(1) the aircraft to be purchased with the Fed-
eral credit instrument is a regional jet aircraft need-
ed to improve the service and efficiency of operation
of a commuter air carrier or new entrant air carrier;
‘‘(2) the commuter air carrier or new entrant
air carrier enters into a legally binding agreement
that requires the carrier to use the aircraft to pro-
vide service to underserved markets; and
‘‘(3) the prospective earning power of the com-
muter air carrier or new entrant air carrier, together
with the character and value of the security pledged,
including the collateral value of the aircraft being
acquired and any other assets or pledges used to se-
cure the Federal credit instrument, furnish—
‘‘(A) reasonable assurances of the air car-
rier’s ability and intention to repay the Federal
credit instrument within the terms established
by the Secretary—
‘‘(i) to continue its operations as an
air carrier; and
‘‘(ii) to the extent that the Secretary
determines to be necessary, to continue its
operations as an air carrier between the
same route or routes being operated by the
air carrier at the time of the issuance of
the Federal credit instrument; and
‘‘(B) reasonable protection to the United
States.
‘‘(g) LIMITATION ON COMBINED AMOUNT OF FED-
ERAL CREDIT INSTRUMENTS.—The Secretary shall not
allow the combined amount of Federal credit instruments
available for any aircraft purchase under this section to
exceed—
‘‘(1) 50 percent of the cost of the aircraft pur-
chase; or
‘‘(2) $100,000,000 for any single obligor.
‘‘(h) REQUIREMENT.—Subject to subsection (i), no
Federal credit instrument may be made under this section
for the purchase of any regional jet aircraft that does not
comply with the stage 3 noise levels of part 36 of title
14 of the Code of Federal Regulations, as in effect on Jan-
uary 1, 1999.
‘‘(i) OTHER LIMITATIONS.—No Federal credit instru-
ment shall be made by the Secretary under this section
for the purchase of a regional jet aircraft unless the com-
muter air carrier or new entrant air carrier enters into
a legally binding agreement that requires the carrier to
provide scheduled passenger air transportation to the un-
derserved market for which the aircraft is purchased for
a period of not less than 36 consecutive months after the
date that aircraft is placed in service.
‘‘§ 41764. Use of Federal facilities and assistance
‘‘(a) USE OF FEDERAL FACILITIES.—To permit the
Secretary of Transportation to make use of such expert
advice and services as the Secretary may require in car-
rying out this subchapter, the Secretary may use available
services and facilities of other agencies and instrumental-
ities of the United States Government—
‘‘(1) with the consent of the appropriate Fed-
eral officials; and
‘‘(2) on a reimbursable basis.
‘‘(b) ASSISTANCE.—The head of each appropriate de-
partment or agency of the United States Government shall
exercise the duties and powers of that head in such man-
ner as to assist in carrying out the policy specified in sec-
tion 41761.
‘‘(c) OVERSIGHT.—The Secretary shall make avail-
able to the Comptroller General of the United States such
information with respect to any Federal credit instrument
made under this subchapter as the Comptroller General
may require to carry out the duties of the Comptroller
General under chapter 7 of title 31, United States Code.
‘‘§ 41765. Administrative expenses
‘‘In carrying out this subchapter, the Secretary shall
use funds made available by appropriations to the Depart-
ment of Transportation for the purpose of administration,
in addition to the proceeds of any fees collected under this
subchapter, to cover administrative expenses of the Fed-
eral credit instrument program under this subchapter.
‘‘§ 41766. Funding.
‘‘Of the amounts appropriated under section 106(k)
for each of fiscal years 2001 through 2004, such sums
as may be necessary may be used to carry out this sub-
chapter, including administrative expenses.
‘‘§ 41767. Termination
‘‘(a) AUTHORITY TO ISSUE FEDERAL CREDIT IN-
STRUMENTS.—The authority of the Secretary of Trans-
portation to issue Federal credit instruments under sec-
tion 41763 shall terminate on the date that is 5 years
after the date of the enactment of this subchapter.
‘‘(b) CONTINUATION OF AUTHORITY TO ADMINISTER
PROGRAM
FOR EXISTING FEDERAL CREDIT INSTRU-
MENTS.—On and after the termination date, the Secretary
shall continue to administer the program established
under this subchapter for Federal credit instruments
issued under this subchapter before the termination date
until all obligations associated with such instruments have
been satisfied.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 417 is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM
‘‘Sec.
‘‘41761. Purpose.
‘‘41762. Definitions.
‘‘41763. Federal credit instruments.
‘‘41764. Use of Federal facilities and assistance.
‘‘41765. Administrative expenses.
‘‘41766. Funding.
‘‘41767. Termination.’’.
TITLE III—FAA MANAGEMENT
REFORM
SEC. 301. 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
property assets making up facilities, equipment,
and systems employed to detect, track, and
guide aircraft 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, en-
gineering, management, and planning require-
ments for air traffic control.’’.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Chapter 1 is amended by
adding at the end the following:
‘‘§ 113. Air Traffic Control Oversight Board
‘‘(a) ESTABLISHMENT.—There is established within
the Department of Transportation an ‘Air Traffic Control
Oversight Board’ (in this section referred to as the ‘Over-
sight Board’).
‘‘(b) MEMBERSHIP.—
‘‘(1) 
COMPOSITION.—The 
Oversight 
Board
shall be composed of nine members, as follows:
‘‘(A) Six members shall be individuals who
are not otherwise Federal officers or employees
and who are appointed by the President, by and
with the advice and consent of the Senate.
‘‘(B) One member shall be the Secretary of
Transportation or, if the Secretary so des-
ignates, the Deputy Secretary of the Transpor-
tation.
‘‘(C) One member shall be the Adminis-
trator of the Federal Aviation Administration.
‘‘(D) One member shall be an individual
who is appointed by the President, by and with
the advice and consent of the Senate, from
among individuals who are the leaders of their
respective unions of air traffic control system
employees.
‘‘(2) QUALIFICATIONS AND TERMS.—
‘‘(A) QUALIFICATIONS.—Members of the
Oversight Board described in paragraph (1)(A)
shall—
‘‘(i) have a fiduciary responsibility to
represent the public interest;
‘‘(ii) be citizens of the United States;
and
‘‘(iii) be appointed without regard to
political affiliation and solely on the basis
of their professional experience and exper-
tise in one or more of the following areas:
‘‘(I) Management of large service
organizations.
‘‘(II) Customer service.
‘‘(III) Management of large pro-
curements.
‘‘(IV) Information and commu-
nications technology.
‘‘(V) Organizational development.
‘‘(VI) Labor relations.
At least three members of the Oversight Board
appointed under paragraph (1)(A) should have
knowledge of, or a background in, aviation. At
least one of such members should have a back-
ground in managing large organizations suc-
cessfully. In the aggregate, such members
should collectively bring to bear expertise in all
of the areas described in subclauses (I) through
(VI) of clause (iii).
‘‘(B) PROHIBITIONS.—No member of the
Oversight Board described in paragraph (1)(A)
may—
‘‘(i) have a pecuniary interest in, or
own stock in or bonds of, an aviation or
aeronautical enterprise;
‘‘(ii) engage in another business re-
lated to aviation or aeronautics; or
‘‘(iii) be a member of any organization
that engages, as a substantial part of its
activities, in activities to influence aviation-
related legislation.
‘‘(C) TERMS FOR AIR TRAFFIC CONTROL
REPRESENTATIVES.—A 
member 
appointed
under paragraph (1)(D) shall be appointed for
a term of 3 years, except that the term of such
individual shall end whenever the individual no
longer meets the requirements of paragraph
(1)(D).
‘‘(D) TERMS FOR NONFEDERAL OFFICERS
OR EMPLOYEES.—A member appointed under
paragraph (1)(A) shall be appointed for a term
of 5 years, except that of the members first ap-
pointed under paragraph (1)(A)—
‘‘(i) two members shall be appointed
for a term of 3 years;
‘‘(ii) two members shall be appointed
for a term of 4 years; and
‘‘(iii) two members shall be appointed
for a term of 5 years.
‘‘(E) 
REAPPOINTMENT.—An 
individual
may not be appointed under paragraph (1)(A)
to more than two 5-year terms on the Oversight
Board.
‘‘(F) VACANCY.—Any vacancy on the Over-
sight Board shall be filled in the same manner
as the original appointment. Any member ap-
pointed to fill a vacancy occurring before the
expiration of the term for which the member’s
predecessor was appointed shall be appointed
for the remainder of that term.
‘‘(3) ETHICAL CONSIDERATIONS.—
‘‘(A) 
FINANCIAL
DISCLOSURE.—During
the entire period that an individual appointed
under subparagraph (A) or (D) of paragraph
(1) is a member of the Oversight Board, such
individual shall be treated as serving as an offi-
cer or employee referred to in section 101(f) of
the Ethics in Government Act of 1978 for pur-
poses of title I of such Act, except that section
101(d) of such Act shall apply without regard
to the number of days of service in the position.
‘‘(B) RESTRICTIONS
ON
POST-EMPLOY-
MENT.—For purposes of section 207(c) of title
18, an individual appointed under subparagraph
(A) or (D) of paragraph (1) shall be treated as
an 
employee 
referred 
to 
in 
section
207(c)(2)(A)(i) of such title during the entire
period the individual is a member of the Board,
except that subsections (c)(2)(B) and (f) of sec-
tion 207 of such title shall not apply.
‘‘(C) WAIVER.—At the time the President
nominates an individual for appointment as a
member of the Oversight Board under para-
graph (1)(D), the President may waive for the
term of the member any appropriate provision
of chapter 11 of title 18, to the extent such
waiver is necessary to allow the member to par-
ticipate in the decisions of the Board while con-
tinuing to serve as a full-time Federal employee
or a representative of employees. Any such
waiver shall not be effective unless a written in-
tent of waiver to exempt such member (and ac-
tual waiver language) is submitted to the Sen-
ate with the nomination of such member.
‘‘(4) QUORUM.—Five members of the Oversight
Board shall constitute a quorum. A majority of
members present and voting shall be required for the
Oversight Board to take action.
‘‘(5) REMOVAL.—Any member of the Oversight
Board appointed under subparagraph (A) or (D) of
paragraph (1) may be removed for cause by the
President.
‘‘(6) CLAIMS.—
‘‘(A) IN
GENERAL.—A member of the
Oversight Board appointed under subparagraph
(A) or (D) of paragraph (1) shall have no per-
sonal liability under Federal law with respect to
any claim arising out of or resulting from an
act or omission by such member within the
scope of service as a member of the Oversight
Board.
‘‘(B) EFFECT ON OTHER LAW.—This para-
graph shall not be construed—
‘‘(i) to affect any other immunity or
protection that may be available to a mem-
ber of the Oversight Board under applica-
ble law with respect to such transactions;
‘‘(ii) to affect any other right or rem-
edy against the United States under appli-
cable law; or
‘‘(iii) to limit or alter in any way the
immunities that are available under appli-
cable law for Federal officers and employ-
ees.
‘‘(c) GENERAL RESPONSIBILITIES.—
‘‘(1) OVERSIGHT.—The Oversight Board shall
oversee the Federal Aviation Administration in its
administration, management, conduct, direction, and
supervision of the air traffic control system.
‘‘(2) CONFIDENTIALITY.—The Oversight Board
shall ensure that appropriate confidentiality is main-
tained in the exercise of its duties.
‘‘(d) SPECIFIC RESPONSIBILITIES.—The Oversight
Board shall have the following specific responsibilities:
‘‘(1) STRATEGIC PLANS.—To review, approve,
and monitor achievements under a strategic plan of
the Federal Aviation Administration for the air traf-
fic control system, including the establishment of—
‘‘(A) a mission and objectives;
‘‘(B) standards of performance relative to
such mission and objectives, including safety,
efficiency, and productivity; and
‘‘(C) annual and long-range strategic
plans.
‘‘(2) MODERNIZATION AND IMPROVEMENT.—To
review and approve—
‘‘(A) methods of the Federal Aviation Ad-
ministration to accelerate air traffic control
modernization and improvements in aviation
safety related to air traffic control; and
‘‘(B) procurements of air traffic control
equipment by the Federal Aviation Administra-
tion in excess of $100,000,000.
‘‘(3) OPERATIONAL
PLANS.—To review the
operational functions of the Federal Aviation Admin-
istration, including—
‘‘(A) plans for modernization of the air
traffic control system;
‘‘(B) plans for increasing productivity or
implementing cost-saving measures; and
‘‘(C) plans for training and education.
‘‘(4) MANAGEMENT.—To—
‘‘(A) review and approve the Administra-
tor’s appointment of a Chief Operating Officer
under section 106(r);
‘‘(B) review the Administrator’s selection,
evaluation, and compensation of senior execu-
tives of the Federal Aviation Administration
who have program management responsibility
over significant functions of the air traffic con-
trol system;
‘‘(C) review and approve the Administra-
tor’s plans for any major reorganization of the
Federal Aviation Administration that would im-
pact on the management of the air traffic con-
trol system;
‘‘(D) review and approve the Administra-
tor’s cost accounting and financial management
structure and technologies to help ensure effi-
cient and cost-effective air traffic control oper-
ation; and
‘‘(E) review the performance and coopera-
tion of managers responsible for major acquisi-
tion projects, including the ability of the man-
agers to meet schedule and budget targets.
‘‘(5) BUDGET.—To—
101
‘‘(1) COMPENSATION OF MEMBERS.—
‘‘(A) IN GENERAL.—Each member of the
Oversight Board who—
‘‘(i) 
appointed 
under 
subsection
(b)(1)(A); or
‘‘(ii) 
appointed 
under 
subsection
(b)(1)(D) and is not otherwise a Federal
officer or employee,
shall be compensated at a rate of $30,000 per
year. All other members shall serve without
compensation for such service.
‘‘(B) 
CHAIRPERSON.—Notwithstanding
subparagraph (A), the chairperson of the Over-
sight Board shall be compensated at a rate of
$50,000 per year.
‘‘(2) TRAVEL EXPENSES.—
‘‘(A) IN GENERAL.—The members of the
Oversight Board shall be allowed travel ex-
penses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agen-
cies under subchapter I of chapter 57 of title 5,
to attend meetings of the Oversight Board and,
with the advance approval of the chairperson of
the Oversight Board, while otherwise away from
their homes or regular places of business for
102
purposes of duties as a member of the Over-
sight Board.
‘‘(B) REPORT.—The Oversight Board shall
include in its annual report under subsection
(g)(3)(A) information with respect to the travel
expenses allowed for members of the Oversight
Board under this paragraph.
‘‘(3) STAFF.—
‘‘(A) IN
GENERAL.—The chairperson of
the Oversight Board may appoint and terminate
any personnel that may be necessary to enable
the Board to perform its duties.
‘‘(B) DETAIL OF GOVERNMENT EMPLOY-
EES.—Upon request of the chairperson of the
Oversight Board, a Federal agency shall detail
a United States Government employee to the
Oversight Board without reimbursement. Such
detail shall be without interruption or loss of
civil service status or privilege.
‘‘(4) PROCUREMENT
OF
TEMPORARY
AND
INTERMITTENT SERVICES.—The chairperson of the
Oversight Board may procure temporary and inter-
mittent services under section 3109(b) of title 5,
United States Code.
‘‘(g) ADMINISTRATIVE MATTERS.—
103
‘‘(1) CHAIR.—
‘‘(A) TERM.—The members of the Over-
sight Board shall elect for a 2-year term a
chairperson from among the members ap-
pointed under subsection (b)(1)(A).
‘‘(B) POWERS.—Except as otherwise pro-
vided by a majority vote of the Oversight
Board, the powers of the chairperson shall
include—
‘‘(i) establishing committees;
‘‘(ii) setting meeting places and times;
‘‘(iii) establishing meeting agendas;
and
‘‘(iv) developing rules for the conduct
of business.
‘‘(2) MEETINGS.—The Oversight Board shall
meet at least quarterly and at such other times as
the chairperson determines appropriate.
‘‘(3) REPORTS.—
‘‘(A) ANNUAL.—The Oversight Board shall
each year report with respect to the conduct of
its responsibilities under this title to the Presi-
dent, the Committee on Transportation and In-
frastructure of the House of Representatives,
104
and the Committee on Commerce, Science, and
Transportation of the Senate.
‘‘(B) ADDITIONAL REPORT.—Upon a de-
termination by the Oversight Board under sub-
section (c)(1) that the organization and oper-
ation of the Federal Aviation Administration’s
air traffic control system are not allowing the
Federal Aviation Administration to carry out its
mission, the Oversight Board shall report such
determination to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce,
Science, and Transportation of the Senate.
‘‘(C) 
COMPTROLLER
GENERAL’S
RE-
PORT.—Not later than April 30, 2004, the
Comptroller General of the United States shall
transmit to the Committee on Transportation
and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science,
and Transportation of the Senate a report on
the success of the Oversight Board in improving
the performance of the air traffic control sys-
tem.’’.
105
(2) CONFORMING AMENDMENT.—The analysis
for chapter 1 is amended by adding at the end the
following:
‘‘113. Air Traffic Control Oversight Board.’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) INITIAL
NOMINATIONS
TO
AIR
TRAFFIC
CONTROL OVERSIGHT BOARD.—The President shall
submit the initial nominations of the air traffic con-
trol oversight board to the Senate not later than 3
months after the date of the enactment of this Act.
(3) EFFECT ON ACTIONS PRIOR TO APPOINT-
MENT OF OVERSIGHT BOARD.—Nothing in this sec-
tion shall be construed to invalidate the actions and
authority of the Federal Aviation Administration
prior to the appointment of the members of the Air
Traffic Control Oversight Board.
SEC. 303. CHIEF OPERATING OFFICER.
Section 106 is amended by adding at the end the fol-
lowing:
‘‘(r) CHIEF OPERATING OFFICER.—
‘‘(1) IN GENERAL.—
‘‘(A) APPOINTMENT.—There shall be a
Chief Operating Officer for the air traffic con-
106
trol system to be appointed by the Adminis-
trator, with approval of the Air Traffic Control
Oversight Board established by section 113.
The Chief Operating Officer shall report di-
rectly 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 Of-
ficer shall serve at the pleasure of the Adminis-
trator, except that the Administrator shall
make every effort to ensure stability and con-
tinuity in the leadership of the air traffic con-
trol system.
‘‘(E) VACANCY.—Any individual appointed
to fill a vacancy in the position of Chief Oper-
ating Officer occurring before the expiration of
the term for which the individual’s predecessor
was appointed shall be appointed for the re-
mainder of that term.
107
‘‘(2) ANNUAL
PERFORMANCE
AGREEMENT.—
The Administrator and the Chief Operating Officer,
in consultation with the Air Traffic Control Over-
sight Board, 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
annual management report containing such informa-
tion as may be prescribed by the Secretary.’’.
SEC. 304. 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
108
‘‘(ii) in the case of subsequent ap-
pointments to the Council, the Secretary of
Transportation.’’.
(b) TERMS OF MEMBERS.—Section 106(p)(6)(A)(i)
is amended by striking ‘‘by the President’’.
SEC. 305. ENVIRONMENTAL STREAMLINING.
(a) COORDINATED ENVIRONMENTAL REVIEW PROC-
ESS.—
(1) DEVELOPMENT
AND
IMPLEMENTATION.—
The Secretary shall develop and implement a coordi-
nated environmental review process for aviation in-
frastructure projects that require—
(A) the preparation of an environmental
impact statement or environmental assessment
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section
to the preparation of an environmental assess-
ment under such Act; or
(B) the conduct of any other environ-
mental review, analysis, opinion, or issuance of
an environmental permit, license, or approval by
operation of Federal law.
(2) MEMORANDUM OF UNDERSTANDING.—
109
(A) IN GENERAL.—The coordinated envi-
ronmental review process for each project shall
ensure that, whenever practicable (as specified
in this section), all environmental reviews, anal-
yses, opinions, and any permits, licenses, or ap-
provals that must be issued or made by any
Federal agency for the project concerned shall
be conducted concurrently and completed within
a cooperatively determined time period. Such
process for a project or class of project may be
incorporated into a memorandum of under-
standing between the Department of Transpor-
tation and Federal agencies (and, where appro-
priate, State agencies).
(B) ESTABLISHMENT OF TIME PERIODS.—
In establishing the time period referred to in
subparagraph (A), and any time periods for re-
view within such period, the Department and all
such agencies shall take into account their re-
spective resources and statutory commitments.
(b) ELEMENTS OF COORDINATED ENVIRONMENTAL
REVIEW PROCESS.—For each project, the coordinated en-
vironmental review process established under this section
shall provide, at a minimum, for the following elements:
110
(1) FEDERAL
AGENCY
IDENTIFICATION.—The
Secretary shall, at the earliest possible time, identify
all potential Federal agencies that—
(A) have jurisdiction by law over environ-
mental-related issues that may be affected by
the project and the analysis of which would be
part of any environmental document required
by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); or
(B) may be required by Federal law to
independently—
(i) conduct an environmental-related
review or analysis; or
(ii) determine whether to issue a per-
mit, license, or approval or render an opin-
ion on the environmental impact of the
project.
(2) TIME LIMITATIONS AND CONCURRENT RE-
VIEW.—The Secretary and the head of each Federal
agency identified under paragraph (1)—
(A)(i) shall jointly develop and establish
time periods for review for—
(I) all Federal agency comments with
respect to any environmental review docu-
ments required by the National Environ-
111
mental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for the project; and
(II) all other independent Federal
agency environmental analyses, reviews,
opinions, and decisions on any permits, li-
censes, and approvals that must be issued
or made for the project,
whereby each such Federal agency’s review
shall be undertaken and completed within such
established time periods for review; or
(ii) may enter into an agreement to estab-
lish such time periods for review with respect to
a class of project; and
(B) shall ensure, in establishing such time
periods for review, that the conduct of any such
analysis, review, opinion, and decision is under-
taken concurrently with all other environmental
reviews for the project, including the reviews re-
quired by the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); except
that such review may not be concurrent if the
affected Federal agency can demonstrate that
such concurrent review would result in a signifi-
cant adverse impact to the environment or sub-
stantively alter the operation of Federal law or
112
would not be possible without information de-
veloped as part of the environmental review
process.
(3) FACTORS TO BE CONSIDERED.—Time peri-
ods for review established under this section shall be
consistent with the time periods established by the
Council on Environmental Quality under sections
1501.8 and 1506.10 of title 40, Code of Federal
Regulations.
(4) EXTENSIONS.—The Secretary shall extend
any time periods for review under this section if,
upon good cause shown, the Secretary and any Fed-
eral agency concerned determine that additional time
for analysis and review is needed as a result of new
information that has been discovered that could not
reasonably have been anticipated when the Federal
agency’s time periods for review were established.
Any memorandum of understanding shall be modi-
fied to incorporate any mutually agreed-upon exten-
sions.
(c) DISPUTE RESOLUTION.—When the Secretary de-
termines that a Federal agency which is subject to a time
period for its environmental review or analysis under this
section has failed to complete such review, analysis, opin-
ion, or decision on issuing any permit, license, or approval
113
within the established time period or within any agreed-
upon extension to such time period, the Secretary may,
after notice and consultation with such agency, close the
record on the matter before the Secretary. If the Secretary
finds, after timely compliance with this section, that an
environmental issue related to the project that an affected
Federal agency has jurisdiction over by operation of Fed-
eral law has not been resolved, the Secretary and the head
of the Federal agency shall resolve the matter not later
than 30 days after the date of the finding by the Sec-
retary.
(d) PARTICIPATION OF STATE AGENCIES.—For any
project eligible for assistance under chapter 471 of title
49, United States Code, a State, by operation of State
law, may require that all State agencies that have jurisdic-
tion by State or Federal law over environmental-related
issues that may be affected by the project, or that are
required to issue any environmental-related reviews, anal-
yses, opinions, or determinations on issuing any permits,
licenses, or approvals for the project, be subject to the co-
ordinated environmental review process established under
this section unless the Secretary determines that a State’s
participation would not be in the public interest. For a
State to require State agencies to participate in the review
114
process, all affected agencies of the State shall be subject
to the review process.
(e) ASSISTANCE
TO AFFECTED FEDERAL AGEN-
CIES.—
(1) IN GENERAL.—The Secretary may approve
a request by a State or other recipient of assistance
under chapter 471 of title 49, United States Code,
to provide funds made available from the Airport
and Airway Trust Fund to the State or recipient for
an aviation project subject to the coordinated envi-
ronmental review process established under this sec-
tion to affected Federal agencies to provide the re-
sources necessary to meet any time limits estab-
lished under this section.
(2) AMOUNTS.—Such requests under paragraph
(1) shall be approved only—
(A) for the additional amounts that the
Secretary determines are necessary for the af-
fected Federal agencies to meet the time limits
for environmental review; and
(B) if such time limits are less than the
customary time necessary for such review.
(f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
(1) JUDICIAL REVIEW.—Nothing in this section
shall affect the reviewability of any final Federal
115
agency action in a court of the United States or in
the court of any State.
(2) SAVINGS CLAUSE.—Nothing in this section
shall affect the applicability of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
or any other Federal environmental statute or affect
the responsibility of any Federal officer to comply
with or enforce any such statute.
(g) FEDERAL AGENCY DEFINED.—In this section,
the term ‘‘Federal agency’’ means any Federal agency or
any State agency carrying out affected responsibilities re-
quired by operation of Federal law.
SEC. 306. CLARIFICATION OF REGULATORY APPROVAL
PROCESS.
Section 106(f)(3)(B)(i) is amended—
(1) by striking ‘‘$100,000,000’’ each place it
appears and inserting ‘‘$250,000,000’’;
(2) by striking ‘‘Air Traffic Management Sys-
tem Performance Improvement Act of 1996’’ and in-
serting ‘‘Aviation Investment and Reform Act for
the 21st Century’’;
(3) in subclause (I)—
(A) by inserting ‘‘substantial and’’ before
‘‘material’’; and
116
(B) by inserting ‘‘or’’ after the semicolon
at the end; and
(4) by striking subclauses (II), (III), and (IV)
and inserting the following:
‘‘(II) raise novel or significant legal or
policy issues arising out of legal mandates
that may substantially and materially af-
fect other transportation modes.’’.
SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLO-
CATIONS.
(a) INDEPENDENT ASSESSMENT.—
(1) IN
GENERAL.—The Inspector General of
the Department of Transportation shall conduct the
assessments described in this section. To conduct
the assessments, the Inspector General may use the
staff and resources of the Inspector General or con-
tract with one or more independent entities.
(2) ASSESSMENT OF ADEQUACY AND ACCURACY
OF FAA 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.
117
(B) COMPONENTS.—In conducting the as-
sessment under this paragraph, the Inspector
General shall assess the following:
(i) The Federal Aviation Administra-
tion’s cost input data, including the reli-
ability of the Federal Aviation Administra-
tion’s source documents and the integrity
and reliability of the Federal Aviation Ad-
ministration’s data collection process.
(ii) The Federal Aviation Administra-
tion’s system for tracking assets.
(iii) The Federal Aviation Administra-
tion’s bases for establishing asset values
and depreciation rates.
(iv) The Federal Aviation Administra-
tion’s system of internal controls for ensur-
ing the consistency and reliability of re-
ported data.
(v) The Federal Aviation Administra-
tion’s definition of the services to which
the Federal Aviation Administration ulti-
mately attributes its costs.
(vi) The cost pools used by the Fed-
eral Aviation Administration and the ra-
tionale for and reliability of the bases
118
which the Federal Aviation Administration
proposes to use in allocating costs of serv-
ices to users.
(C) REQUIREMENTS FOR ASSESSMENT OF
COST
POOLS.—In carrying out subparagraph
(B)(vi), the Inspector General shall—
(i) review costs that cannot reliably be
attributed to specific Federal Aviation Ad-
ministration services or activities (called
‘‘common and fixed costs’’ in the Federal
Aviation Administration Cost Allocation
Study) and consider alternative methods
for allocating such costs; and
(ii) perform appropriate tests to as-
sess relationships between costs in the var-
ious cost pools and activities and services
to which the costs are attributed by the
Federal Aviation Administration.
(3) COST EFFECTIVENESS.—
(A) IN GENERAL.—The Inspector General
shall assess the progress of the Federal Avia-
tion Administration in cost and performance
management, including use of internal and ex-
ternal benchmarking in improving the perform-
119
ance and productivity of the Federal Aviation
Administration.
(B) ANNUAL
REPORTS.—Not later than
December 31, 2000, and annually thereafter
until December 31, 2004, the Inspector General
shall transmit to Congress an updated report
containing the results of the assessment con-
ducted under this paragraph.
(C) INFORMATION
TO
BE
INCLUDED
IN
FAA
FINANCIAL
REPORT.—The Administrator
shall include in the annual financial report of
the Federal Aviation Administration informa-
tion 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.
(b) FUNDING.—Of the amounts appropriated pursu-
ant to section 106(k) of title 49, United States Code, for
fiscal year 2000, not to exceed $1,500,000 may be used
to carry out this section.
SEC. 308. FAILURE TO MEET RULEMAKING DEADLINE.
Section 106(f)(3)(A) is amended by adding at the end
the following: ‘‘If the Administrator does not meet a dead-
line specified in this subparagraph, the Administrator
shall transmit to Congress notification of the missed dead-
120
line, including an explanation for missing the deadline and
a projected date on which the action that was subject to
the deadline will be taken.’’.
SEC. 309. FEDERAL PROCUREMENT INTEGRITY ACT.
Section 348(b)(2) of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1996 (49
U.S.C. 40110 note; 109 Stat. 460) is amended by striking
the period and inserting the following: ‘‘, other than sec-
tion 27 of the Office of Federal Procurement Policy Act
(41 U.S.C. 423); except that subsections (f) and (g) of
such section 27 shall not apply to the Federal Aviation
Administration’s acquisition management system. Within
90 days following the date of the enactment of the Avia-
tion Investment and Reform Act for the 21st Century, the
Administrator of the Federal Aviation Administration
shall adopt definitions for the acquisition management
system that are consistent with the purpose and intent of
this section and that will allow the application of the crimi-
nal, civil and administrative remedies provided. The Ad-
ministrator shall have the authority to take an adverse
personnel action provided in subsection (e)(3)(A)(iv) of
such section 27, but shall take any such actions in accord-
ance with the procedures contained in the Federal Avia-
tion Administration’s personnel management system.’’.
121
TITLE IV—FAMILY ASSISTANCE
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPOR-
TATION SAFETY BOARD.
(a) PROHIBITION
ON UNSOLICITED COMMUNICA-
TIONS.—
(1) 
IN
GENERAL.—Section 
1136(g)(2) 
is
amended—
(A) by striking ‘‘transportation,’’ and in-
serting ‘‘transportation and in the event of an
accident involving a foreign air carrier that oc-
curs within the United States,’’;
(B) by inserting after ‘‘attorney’’ the fol-
lowing: ‘‘(including any associate, agent, em-
ployee, or other representative of an attorney)’’;
and
(C) by striking ‘‘30th day’’ and inserting
‘‘45th day’’.
(2) ENFORCEMENT.—Section 1151 is amended
by inserting ‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each
place it appears.
(b) PROHIBITION ON ACTIONS TO PREVENT MENTAL
HEALTH AND COUNSELING SERVICES.—Section 1136(g)
is amended by adding at the end the following:
‘‘(3) PROHIBITION
ON
ACTIONS
TO
PREVENT
MENTAL HEALTH AND COUNSELING SERVICES.—No
122
State or political subdivision may prevent the em-
ployees, agents, or volunteers of an organization des-
ignated for an accident under subsection (a)(2) from
providing mental health and counseling services
under subsection (c)(1) in the 30-day period begin-
ning on the date of the accident. The director of
family support services designated for the accident
under subsection (a)(1) may extend such period for
not to exceed an additional 30 days if the director
determines that the extension is necessary to meet
the needs of the families and if State and local au-
thorities are notified of the determination.’’.
(c) INCLUSION
OF NONREVENUE PASSENGERS
IN
FAMILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is
amended to read as follows:
‘‘(2) 
PASSENGER.—The 
term 
‘passenger’
includes—
‘‘(A) an employee of an air carrier or for-
eign air carrier aboard an aircraft; and
‘‘(B) any other person aboard the aircraft
without regard to whether the person paid for
the transportation, occupied a seat, or held a
reservation for the flight.’’.
123
(d) LIMITATION ON STATUTORY CONSTRUCTION.—
Section 1136 is amended by adding at the end the fol-
lowing:
‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed as limiting the
actions that an air carrier may take, or the obligations
that an air carrier may have, in providing assistance to
the families of passengers involved in an aircraft acci-
dent.’’.
SEC. 402. AIR CARRIER PLANS.
(a) CONTENTS OF PLANS.—
(1) FLIGHT RESERVATION INFORMATION.—Sec-
tion 41113(b) is amended by adding at the end the
following:
‘‘(14) An assurance that, upon request of the
family of a passenger, the air carrier will inform the
family of whether the passenger’s name appeared on
a preliminary passenger manifest for the flight in-
volved in the accident.’’.
(2) TRAINING OF EMPLOYEES AND AGENTS.—
Section 41113(b) is further amended by adding at
the end the following:
‘‘(15) An assurance that the air carrier will
provide adequate training to the employees and
124
agents of the carrier to meet the needs of survivors
and family members following an accident.’’.
(3) CONSULTATION ON CARRIER RESPONSE NOT
COVERED
BY
PLAN.—Section 41113(b) is further
amended by adding at the end the following:
‘‘(16) An assurance that the air carrier, in the
event that the air carrier volunteers assistance to
United States citizens within the United States in
the case of an aircraft accident outside the United
States involving major loss of life, the air carrier will
consult with the Board and the Department of State
on the provision of the assistance.’’.
(4) SUBMISSION
OF
UPDATED
PLANS.—The
amendments made by paragraphs (1), (2), and (3)
shall take effect on the 180th day following the date
of the enactment of this Act. On or before such
180th day, each air carrier holding a certificate of
public convenience and necessity under section
41102 of title 49, United States Code, shall submit
to the Secretary of Transportation and the Chair-
man of the National Transportation Safety Board
an updated plan under section 41113 of such title
that meets the requirement of the amendments made
by paragraphs (1), (2), and (3).
125
(5) 
CONFORMING
AMENDMENTS.—Section
41113 is amended—
(A) in subsection (a) by striking ‘‘Not later
than 6 months after the date of the enactment
of this section, each air carrier’’ and inserting
‘‘Each air carrier’’; and
(B) in subsection (c) by striking ‘‘After the
date that is 6 months after the date of the en-
actment of this section, the Secretary’’ and in-
serting ‘‘The Secretary’’.
(b) LIMITATION ON LIABILITY.—Section 41113(d) is
amended by inserting ‘‘, or in providing information con-
cerning a flight reservation,’’ before ‘‘pursuant to a plan’’.
(c) LIMITATION ON STATUTORY CONSTRUCTION.—
Section 41113 is amended by adding at the end the fol-
lowing:
‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed as limiting the
actions that an air carrier may take, or the obligations
that an air carrier may have, in providing assistance to
the families of passengers involved in an aircraft acci-
dent.’’.
126
SEC. 403. FOREIGN AIR CARRIER PLANS.
(a) INCLUSION OF NONREVENUE PASSENGERS IN
FAMILY ASSISTANCE COVERAGE.—Section 41313(a)(2) is
amended to read as follows:
‘‘(2) PASSENGER.—The term ‘passenger’ has
the meaning given such term by section 1136 of this
title.’’.
(b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—
Section 41313(b) is amended by striking ‘‘significant’’ and
inserting ‘‘major’’.
(c) CONTENTS OF PLANS.—
(1) IN GENERAL.—Section 41313(c) is amend-
ed by adding at the end the following:
‘‘(15) 
TRAINING
OF
EMPLOYEES
AND
AGENTS.—An assurance that the foreign air carrier
will provide adequate training to the employees and
agents of the carrier to meet the needs of survivors
and family members following an accident.
‘‘(16) CONSULTATION ON CARRIER RESPONSE
NOT
COVERED
BY
PLAN.—An assurance that the
foreign air carrier, in the event that the foreign air
carrier volunteers assistance to United States citi-
zens within the United States in the case of an air-
craft accident outside the United States involving
major loss of life, the foreign air carrier will consult
127
with the Board and the Department of State on the
provision of the assistance.’’.
(2) SUBMISSION
OF
UPDATED
PLANS.—The
amendment made by paragraph (1) shall take effect
on the 180th day following the date of the enact-
ment of this Act. On or before such 180th day, each
foreign air carrier providing foreign air transpor-
tation under chapter 413 of title 49, United States
Code, shall submit to the Secretary of Transpor-
tation and the Chairman of the National Transpor-
tation Safety Board an updated plan under section
41313 of such title that meets the requirement of
the amendment made by paragraph (1).
SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS
ACT.
(a) IN GENERAL.—Section 40120(a) is amended by
inserting ‘‘(including the Act entitled ‘An Act relating to
the maintenance of actions for death on the high seas and
other navigable waters’, approved March 30, 1920, com-
monly known as the Death on the High Seas Act (46
U.S.C. App. 761–767; 41 Stat. 537–538))’’ after ‘‘United
States’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) applies to civil actions commenced after the
date of the enactment of this Act and to civil actions that
128
are not adjudicated by a court of original jurisdiction or
settled on or before such date of the enactment.
TITLE V—SAFETY
SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEAD-
LINES.
(a) IN GENERAL.—The Administrator shall require
by regulation that, no later than December 31, 2002,
equipment be installed, on each cargo aircraft with a max-
imum certificated takeoff weight in excess of 15,000 kilo-
grams, that provides protection from mid-air collisions
using technology that provides—
(1) cockpit based collision detection and conflict
resolution guidance, including display of traffic; and
(2) a margin of safety of at least the same level
as provided by the collision avoidance system known
as TCAS–II.
(b) EXTENSION OF DEADLINE.—The Administrator
may extend the deadline established by subsection (a) by
not more than 2 years if the Administrator finds that the
extension is needed to promote—
(1) a safe and orderly transition to the oper-
ation of a fleet of cargo aircraft equipped with colli-
sion avoidance equipment; or
(2) other safety or public interest objectives.
129
SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLI-
CANTS.
Section 44936(f) is amended—
(1) in paragraph (1)(B) by inserting ‘‘(except a
branch of the United States Armed Forces, the Na-
tional Guard, or a reserve component of the United
States Armed Forces)’’ after ‘‘person’’ the first
place it appears;
(2) in paragraph (1)(B)(ii) by striking ‘‘indi-
vidual’’ the first place it appears and inserting ‘‘indi-
vidual’s performance as a pilot’’;
(3) in paragraph (14)(B) by inserting ‘‘or from
a foreign government or entity that employed the in-
dividual’’ after ‘‘exists’’; and
(4) by adding at the end the following:
‘‘(15) 
ELECTRONIC
ACCESS
TO
FAA
RECORDS.—For the purpose of increasing timely and
efficient access to Federal Aviation Administration
records described in paragraph (1), the Adminis-
trator may allow, under terms established by the Ad-
ministrator, a designated individual to have elec-
tronic access to a specified database containing in-
formation about such records.’’.
130
SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EM-
PLOYEES.
Section 347(b)(1) of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1996 (49
U.S.C. 106 note; 109 Stat. 460) is amended by inserting
before the semicolon at the end the following: ‘‘, including
the provisions for investigation and enforcement as pro-
vided in chapter 12 of title 5, United States Code’’.
SEC. 504. SAFETY RISK MITIGATION PROGRAMS.
Section 44701 is further amended by adding at the
end the following:
‘‘(g) SAFETY RISK MANAGEMENT PROGRAM GUIDE-
LINES.—The Administrator shall issue guidelines and en-
courage the development of air safety risk mitigation pro-
grams throughout the aviation industry, including self-au-
dits and self-disclosure programs.’’.
SEC. 
505. 
FLIGHT 
OPERATIONS 
QUALITY 
ASSURANCE
RULES.
Not later than 30 days after the date of the enact-
ment 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 ac-
tions 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
131
notice of proposed rulemaking, the Administrator shall
issue a final rule establishing such procedures.
SEC. 506. SMALL AIRPORT CERTIFICATION.
Not later than 60 days after the date of the enact-
ment of this Act, the Administrator shall issue a notice
of 
proposed 
rulemaking 
on 
implementing 
section
44706(a)(2) of title 49, United States Code, relating to
issuance of airport operating certificates for small sched-
uled passenger air carrier operations. Not later than 1
year after the last day of the period for public comment
provided for in the notice of proposed rulemaking, the Ad-
ministrator shall issue a final rule on implementing such
program.
SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.
(a) IN GENERAL.—Chapter 447 is amended by add-
ing at the end the following:
‘‘§ 44725. Life-limited aircraft parts
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall conduct a rulemaking
proceeding to require the safe disposition of life-limited
parts removed from an aircraft. The rulemaking pro-
ceeding shall ensure that the disposition deter installation
on an aircraft of a life-limited part that has reached or
exceeded its life limits.
132
‘‘(b) SAFE DISPOSITION.—For the purposes of this
section, safe disposition includes any of the following
methods:
‘‘(1) The part may be segregated under cir-
cumstances that preclude its installation on an air-
craft.
‘‘(2) The part may be permanently marked to
indicate its used life status.
‘‘(3) The part may be destroyed in any manner
calculated to prevent reinstallation in an aircraft.
‘‘(4) The part may be marked, if practicable, to
include the recordation of hours, cycles, or other air-
worthiness information. If the parts are marked with
cycles or hours of usage, that information must be
updated every time the part is removed from service
or when the part is retired from service.
‘‘(5) Any other method approved by the Admin-
istrator.
‘‘(c) DEADLINES.—In conducting the rulemaking
proceeding under subsection (a), the Administrator
shall—
‘‘(1) not later than 180 days after the date of
the enactment of this section, issue a notice of pro-
posed rulemaking; and
133
‘‘(2) not later than 180 days after the close of
the comment period on the proposed rule, issue a
final rule.
‘‘(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No
rule issued under subsection (a) shall require the marking
of parts removed before the effective date of the rules
issued under subsection (a), nor shall any such rule forbid
the installation of an otherwise airworthy life-limited
part.’’.
(b) 
CIVIL
PENALTY.—Section 
46301(a)(3) 
is
amended—
(1) in subparagraph (A) by striking ‘‘or’’ at the
end;
(2) in subparagraph (B) by striking the period
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) a violation of section 44725, relating to
the safe disposal of life-limited aircraft parts;’’.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 447 is further amended by adding at the end the
following:
‘‘44725. Life-limited aircraft parts.’’.
SEC. 508. FAA MAY FINE UNRULY PASSENGERS.
(a) IN GENERAL.—Chapter 463 is amended—
(1) by redesignating section 46316 as section
46317; and
134
(2) by inserting after section 46315 the fol-
lowing:
‘‘§ 46316. Interference with cabin or flight crew
‘‘(a) CIVIL PENALTY.—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 $25,000.
‘‘(b) BAN ON FLYING.—If the Secretary finds that
an individual has interfered with the duties or responsibil-
ities of the flight crew or cabin crew of a civil aircraft
in a way that poses an imminent threat to the safety of
the aircraft or individuals aboard the aircraft, the indi-
vidual may be banned by the Secretary for a period of
1 year from flying on any aircraft operated by an air car-
rier.
‘‘(c) REGULATIONS.—The Secretary shall issue regu-
lations to carry out subsection (b), including establishing
procedures for imposing bans on flying, implementing
such bans, and providing notification to air carriers of the
imposition of such bans.’’.
(b) 
COMPROMISE
AND
SETOFF.—Section
46301(f)(1)(A)(i) is amended by inserting ‘‘46316,’’ be-
fore ‘‘or 47107(b)’’.
135
(c) CONFORMING AMENDMENT.—The analysis for
chapter 463 is amended by striking the item relating to
section 46316 and inserting after the item relating to sec-
tion 46315 the following:
‘‘46316. Interference with cabin or flight crew.
‘‘46317. General criminal penalty when specific penalty not provided.’’.
SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT
SYSTEM.
Not later than March 1, 2000, and annually there-
after for the next 5 years, the Administrator shall trans-
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
a report on the progress of the Federal Aviation Adminis-
tration in implementing the air transportation oversight
system. At a minimum, the report shall indicate—
(1) any funding or staffing constraints that
would adversely impact the Administration’s ability
to fully develop and implement such system;
(2) progress in integrating the aviation safety
data derived from such system’s inspections with ex-
isting aviation data of the Administration in the
safety performance analysis system of the Adminis-
tration; and
(3) the Administration’s efforts in collaboration
with the aviation industry to develop and validate
136
safety performance measures and appropriate risk
weightings for the air transportation oversight sys-
tem.
SEC. 510. AIRPLANE EMERGENCY LOCATORS.
(a) REQUIREMENT.—Section 44712(b) is amended to
read as follows:
‘‘(b) NONAPPLICATION.—Subsection (a) does not
apply to—
‘‘(1) aircraft when used in scheduled flights by
scheduled air carriers holding certificates issued by
the Secretary of Transportation under subpart II of
this part;
‘‘(2) aircraft when used in training operations
conducted entirely within a 50-mile radius of the air-
port from which the training operations begin;
‘‘(3) aircraft when used in flight operations re-
lated to the design and testing, manufacture, prepa-
ration, and delivery of aircraft;
‘‘(4) aircraft when used in research and devel-
opment if the aircraft holds a certificate from the
Administrator of the Federal Aviation Administra-
tion to carry out such research and development;
‘‘(5) aircraft when used in showing compliance
with regulations crew training, exhibition, air racing,
or market surveys;
137
‘‘(6) aircraft when used in the aerial application
of a substance for an agricultural purpose;
‘‘(7) aircraft with a maximum payload capacity
of more than 7,500 pounds when used in air trans-
portation; or
‘‘(8) aircraft capable of carrying only one indi-
vidual.’’.
(b) COMPLIANCE.—Section 44712 is amended by re-
designating subsection (c) as subsection (d) and by insert-
ing after subsection (b) the following:
‘‘(c) COMPLIANCE.—An aircraft meets the require-
ment of subsection (a) if it is equipped with an emergency
locator transmitter that transmits on the 121.5/243 mega-
hertz 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 Trans-
portation shall issue regulations under section
44712(b) of title 49, United States Code, as amend-
ed 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. 511. LANDFILLS INTERFERING WITH AIR COMMERCE.
(a) FINDINGS.—Congress finds that—
138
(1) collisions between aircraft and birds have
resulted in fatal accidents;
(2) bird strikes pose a special danger to smaller
aircraft;
(3) landfills near airports pose a potential haz-
ard to aircraft operating there because they attract
birds;
(4) even if the landfill is not located in the ap-
proach path of the airport’s runway, it still poses a
hazard because of the birds’ ability to fly away from
the landfill and into the path of oncoming planes;
(5) while certain mileage limits have the poten-
tial to be arbitrary, keeping landfills at least 6 miles
away from an airport, especially an airport served by
small planes, is an appropriate minimum require-
ment for aviation safety; and
(6) closure of existing landfills (due to concerns
about aviation safety) should be avoided because of
the likely disruption to those who use and depend on
such landfills.
(b) 
LIMITATION
ON
CONSTRUCTION.—Section
44718(d) is amended to read as follows:
‘‘(d) LIMITATION
ON CONSTRUCTION
OF LAND-
FILLS.—
139
‘‘(1) IN GENERAL.—No person shall construct
or establish a landfill within 6 miles of an airport
primarily served by general aviation aircraft or air-
craft designed for 60 passengers or less unless the
State aviation agency of the State in which the air-
port is located requests that the Administrator of
the Federal Aviation Administration exempt the
landfill from this prohibition and the Administrator,
in response to such a request, determines that the
landfill would not have an adverse impact on avia-
tion safety.
‘‘(2) LIMITATION
ON
APPLICABILITY.—Para-
graph (1) shall not apply to construction or estab-
lishment of a landfill if a permit relating to con-
struction or establishment of such landfill was issued
on or before June 1, 1999.’’.
(c) CIVIL PENALTY FOR VIOLATIONS OF LIMITATION
ON CONSTRUCTION OF LANDFILLS.—Section 46301(a)(3)
is further amended by adding at the end the following:
‘‘(D) a violation of section 41718(d), relating to
limitation on construction of landfills; or’’.
SEC. 512. AMENDMENT OF STATUTE PROHIBITING THE
BRINGING 
OF 
HAZARDOUS 
SUBSTANCES
ABOARD AN AIRCRAFT.
Section 46312 is amended—
140
(1) by striking ‘‘A person’’ and inserting ‘‘(a)
GENERAL.—A person’’; and
(2) by adding at the end the following:
‘‘(b) KNOWLEDGE OF REGULATIONS.—For purposes
of subsection (a), knowledge by the person of the existence
of a regulation or requirement related to the transpor-
tation of hazardous material prescribed by the Secretary
under this part is not an element of an offense under this
section but shall be considered in mitigation of the pen-
alty.’’.
SEC. 513. AIRPORT SAFETY NEEDS.
The Administrator shall initiate a rulemaking pro-
ceeding to consider revisions of part 139 of title 14, Code
of Federal Regulations, to meet current and future airport
safety needs—
(1) focusing, but not limited to, on the mission
of rescue personnel, rescue operations response time,
and extinguishing equipment; and
(2) taking into account the need for different
requirements for airports depending on their size.
SEC. 514. LIMITATION ON ENTRY INTO MAINTENANCE IM-
PLEMENTATION PROCEDURES.
The Administrator may not enter into any mainte-
nance implementation procedure through a bilateral avia-
tion safety agreement unless the Administrator determines
141
that the participating nations are inspecting repair sta-
tions so as to ensure their compliance with the standards
of the Federal Aviation Administration.
SEC. 515. OCCUPATIONAL INJURIES OF AIRPORT WORK-
ERS.
(a) STUDY.—The Administrator shall conduct a
study to determine the number of persons working at air-
ports who are injured or killed as a result of being struck
by a moving vehicle while on an airport tarmac, the seri-
ousness of the injuries to such persons, and whether or
not reflective safety vests or other actions should be re-
quired to enhance the safety of such workers.
(b) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Administrator shall
transmit to Congress a report on the results of the study
conducted under this section.
SEC. 516. AIRPORT DISPATCHERS.
(a) STUDY.—The Administrator shall conduct a
study of the role of airport dispatchers in enhancing avia-
tion safety. The study shall include an assessment of
whether or not aircraft dispatchers should be required for
those operations not presently requiring aircraft dis-
patcher assistance, operational control issues related to
the aircraft dispatching function, and whether or not des-
ignation of positions within the Federal Aviation Adminis-
142
tration for oversight of dispatchers would enhance aviation
safety.
(b) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Administrator shall
transmit to Congress a report on the results of the study
conducted under this section.
SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POW-
ERPLANT MECHANICS.
The Administrator shall form a partnership with in-
dustry to develop a model program to improve the cur-
riculum, teaching methods, and quality of instructors for
training individuals that need certification as airframe and
powerplant mechanics.
TITLE VI—WHISTLEBLOWER
PROTECTION
SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR
SAFETY INFORMATION.
(a) GENERAL RULE.—Chapter 421 is amended by
adding at the end the following:
‘‘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
143
air carrier may discharge an employee or otherwise dis-
criminate against an employee with respect to compensa-
tion, terms, conditions, or privileges of employment be-
cause the employee (or any person acting pursuant to a
request of the employee)—
‘‘(1) provided, caused to be provided, or is
about to provide (with any knowledge of the em-
ployer) or cause to be provided to the employer or
Federal Government information relating to any vio-
lation 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;
‘‘(2) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or cause
to be filed a proceeding relating to any violation or
alleged violation of any order, regulation, or stand-
ard 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 is about to testify in such a
proceeding; or
144
‘‘(4) assisted or participated or is about to as-
sist or participate in such a proceeding.
‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING
AND
NOTIFICATION.—A person
who believes that he or she has been discharged or
otherwise discriminated against by any person in
violation of subsection (a) may, not later than 90
days after the date on which such violation occurs,
file (or have any person file on his or her behalf) a
complaint with the Secretary of Labor alleging such
discharge or discrimination. Upon receipt of such a
complaint, the Secretary of Labor shall notify, in
writing, the person named in the complaint and the
Administrator of the Federal Aviation Administra-
tion of the filing of the complaint, of the allegations
contained in the complaint, of the substance of evi-
dence supporting the complaint, and of the opportu-
nities that will be afforded to such person under
paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
‘‘(A) IN
GENERAL.—Not later than 60
days after the date of receipt of a complaint
filed under paragraph (1) and after affording
the person named in the complaint an oppor-
146
tiously. If a hearing is not requested in such
30-day period, the preliminary order shall be
deemed a final order that is not subject to judi-
cial review.
‘‘(B) REQUIREMENTS.—
‘‘(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 subpara-
graph (A) unless the complainant makes a
prima facie showing that any behavior de-
scribed in paragraphs (1) through (4) of
subsection (a) was a contributing factor in
the unfavorable personnel action alleged in
the complaint.
‘‘(ii) SHOWING BY EMPLOYER.—Not-
withstanding a finding by the Secretary
that the complainant has made the show-
ing required under clause (i), no investiga-
tion otherwise required under subpara-
graph (A) shall be conducted if the em-
ployer demonstrates, by clear and con-
vincing evidence, that the employer would
147
have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINATION
BY SECRETARY.—The Secretary may de-
termine that a violation of subsection (a)
has occurred only if the complainant dem-
onstrates 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
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.—Not later than 120 days
after the date of conclusion of a hearing under
paragraph (2), the Secretary of Labor shall
issue a final order providing the relief pre-
scribed by this paragraph or denying the com-
plaint. At any time before issuance of a final
148
order, a proceeding under this subsection may
be terminated on the basis of a settlement
agreement entered into by the Secretary of
Labor, the complainant, and the person 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 person who committed such vio-
lation to—
‘‘(i) take affirmative action to abate
the violation;
‘‘(ii) reinstate the complainant to his
or her former position together with the
compensation (including back pay) and re-
store the terms, conditions, and privileges
associated with his or her employment; and
‘‘(iii) provide compensatory damages
to the complainant.
If such an order is issued under this paragraph,
the Secretary of Labor, at the request of the
complainant, shall assess against the person
against whom the order is issued a sum equal
to the aggregate amount of all costs and ex-
149
penses (including attorneys’ and expert witness
fees) reasonably incurred, as determined by the
Secretary of Labor, by the complainant for, or
in connection with, the bringing the complaint
upon which the order was issued.
‘‘(C) FRIVOLOUS
COMPLAINTS.—If the
Secretary of Labor finds that a complaint
under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary of Labor
may award to the prevailing employer a reason-
able attorney’s fee not exceeding $5,000.
‘‘(4) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—
Any person adversely affected or aggrieved by
an order issued under paragraph (3) may ob-
tain review of the order in the United States
Court of Appeals for the circuit in which the
violation, with respect to which the order was
issued, allegedly occurred or the circuit in which
the complainant resided on the date of such vio-
lation. The petition for review must be filed not
later than 60 days after the date of the
issuance of the final order of the Secretary of
Labor. Review shall conform to chapter 7 of
title 5, United States Code. The commencement
150
of proceedings under this subparagraph shall
not, unless ordered by the court, operate as a
stay of the order.
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor
with respect to which review could have been
obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or
other civil proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY
OF LABOR.—Whenever any person has failed to com-
ply with an order issued under paragraph (3), the
Secretary of Labor may file a civil action in the
United States district court for the district in which
the violation was found to occur to enforce such
order. In actions brought under this paragraph, the
district courts shall have jurisdiction to grant all ap-
propriate relief including, but not limited to, injunc-
tive relief and compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was
issued to require compliance with such order.
151
The appropriate United States district court
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
‘‘(B) ATTORNEY
FEES.—The court, in
issuing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney and expert witness fees) to any
party whenever the court determines such
award 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, United
States Code.
‘‘(d) NONAPPLICABILITY
TO DELIBERATE VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an
employee of an air carrier, contractor, or subcontractor
who, acting without direction from such air carrier, con-
tractor, or subcontractor (or such person’s agent), delib-
erately causes a violation of any requirement relating to
air carrier safety under this subtitle or any other law of
the United States.
‘‘(e) CONTRACTOR DEFINED.—In this section, the
term ‘contractor’ means a company that performs safety-
sensitive functions by contract for an air carrier.’’.
154
of one of these governments, under the condi-
tions specified by section 40125(c).
‘‘(E) owned by the armed forces or char-
tered to provide transportation to the armed
forces under the conditions specified by section
40125(d).’’.
(b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STA-
TUS.—
(1) IN GENERAL.—Chapter 401 is amended by
adding at the end the following:
‘‘§ 40125. Qualifications for public aircraft status
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COMMERCIAL PURPOSES.—The term ‘com-
mercial purposes’ means the transportation of per-
sons or property for compensation or hire, but does
not include the operation of an aircraft by the armed
forces for reimbursement when that reimbursement
is required by Federal law or by one government on
behalf of another government under a cost reim-
bursement agreement if the government on whose
behalf the operation is conducted certifies to the Ad-
ministrator of the Federal Aviation Administration
that the operation is necessary to respond to a sig-
nificant and imminent threat to life or property (in-
155
cluding natural resources) and that no service by a
private operator is reasonably available to meet the
threat.
‘‘(2) GOVERNMENTAL
FUNCTION.—The term
‘governmental function’ means an activity under-
taken by a government, such as national defense, in-
telligence missions, firefighting, search and rescue,
law enforcement (including transport of prisoners,
detainees, and illegal aliens), aeronautical research,
or biological or geological resource management.
‘‘(3) 
QUALIFIED
NON-CREWMEMBER.—The
term ‘qualified non-crewmember’ means an indi-
vidual, other than a member of the crew, aboard an
aircraft—
‘‘(A) operated by the armed forces or an
intelligence agency of the United States Gov-
ernment; or
‘‘(B) whose presence is required to per-
form, or is associated with the performance of,
a governmental function.
‘‘(4) ARMED FORCES.—The term ‘armed forces’
has the meaning given such term by section 101 of
title 10, United States Code.
‘‘(b) AIRCRAFT OWNED BY THE UNITED STATES.—
An aircraft described in subparagraph (A) or (B) of sec-
156
tion 40102(a)(38), if owned by the Government, qualifies
as a public aircraft except when it is used for commercial
purposes or to carry an individual other than a crew-
member or a qualified non-crewmember.
‘‘(c) AIRCRAFT OWNED BY STATE AND LOCAL GOV-
ERNMENTS.—An aircraft described in subparagraph (C)
or (D) of section 40102(a)(38) qualifies as a public air-
craft except when it is used for commercial purposes or
to carry an individual other than a crewmember or a quali-
fied non-crewmember.
‘‘(d) AIRCRAFT
OWNED
OR
OPERATED
BY
THE
ARMED
FORCES.—An aircraft described in section
40102(38)(E) qualifies as a public aircraft if—
‘‘(1) the aircraft is operated in accordance with
title 10; or
‘‘(2) the aircraft is chartered to provide trans-
portation to the armed forces and the Secretary of
Defense (or the Secretary of the department in
which the Coast Guard is operating) designates the
operation of the aircraft as being required in the na-
tional interest.’’.
(2) CONFORMING AMENDMENT.—The analysis
for chapter 401 is amended by adding at the end the
following:
‘‘40125. Qualifications for public aircraft status.’’.
(c) SAFETY OF PUBLIC AIRCRAFT.—
157
(1) 
STUDY.—The 
National 
Transportation
Safety Board shall conduct a study to compare the
safety of public aircraft and civil aircraft. In con-
ducting the study, the Board shall review safety sta-
tistics on aircraft operations since 1993.
(2) REPORT.—Not later than 6 months after
the date of the enactment of this Act, the National
Transportation Safety Board shall transmit to Con-
gress a report containing the results of the study
conducted under paragraph (1).
SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PRO-
POSALS.
Section 40110 is amended by adding at the end the
following:
‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PRO-
POSALS.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2), a proposal in the possession or con-
trol of the Administrator may not be made available
to any person under section 552 of title 5, United
States Code.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to any portion of a proposal of an offeror the
disclosure of which is authorized by the Adminis-
trator pursuant to procedures published in the Fed-
158
eral Register. The Administrator shall provide an
opportunity for public comment on the procedures
for a period of not less than 30 days beginning on
the date of such publication in order to receive and
consider the views of all interested parties on the
procedures. The procedures shall not take effect be-
fore the 60th day following the date of such publica-
tion.
‘‘(3) PROPOSAL DEFINED.—In this subsection,
the term ‘proposal’ means information contained in
or originating from any proposal, including a tech-
nical, management, or cost proposal, submitted by
an offeror in response to the requirements of a solic-
itation for a competitive proposal.’’.
SEC. 704. MULTIYEAR PROCUREMENT CONTRACTS.
Section 40111 is amended—
(1) by redesignating subsections (b) through (d)
as subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the fol-
lowing:
‘‘(b) TELECOMMUNICATIONS
SERVICES.—Notwith-
standing section 1341(a)(1)(B) of title 31, the Adminis-
trator may make a contract of not more than 10 years
for telecommunication services that are provided through
159
the use of a satellite if the Administrator finds that the
longer contract period would be cost beneficial.’’.
SEC. 
705. 
FEDERAL 
AVIATION 
ADMINISTRATION 
PER-
SONNEL MANAGEMENT SYSTEM.
(a) MEDIATION.—Section 40122(a)(2) is amended by
adding at the end the following: ‘‘The 60-day period shall
not include any period during which Congress has ad-
journed sine die.’’.
(b) RIGHT TO CONTEST ADVERSE PERSONNEL AC-
TIONS.—Section 40122 is amended by adding at the end
the following:
‘‘(g) RIGHT TO CONTEST ADVERSE PERSONNEL AC-
TIONS.—An employee of the Federal Aviation Administra-
tion who is the subject of a major adverse personnel action
may contest the action either through any contractual
grievance procedure that is applicable to the employee as
a member of the collective bargaining unit or through the
Administration’s internal process relating to review of
major adverse personnel actions of the Administration,
known as Guaranteed Fair Treatment or under section
347(c) of the Department of Transportation and Related
Agencies Appropriations Act, 1996.
‘‘(h) ELECTION OF FORUM.—Where a major adverse
personnel action may be contested through more than one
of the indicated forums (such as the contractual grievance
160
procedure, the Federal Aviation Administration’s internal
process, or that of the Merit Systems Protection Board),
an employee must elect the forum through which the mat-
ter will be contested. Nothing in this section is intended
to allow an employee to contest an action through more
than one forum unless otherwise allowed by law.
‘‘(i) DEFINITION.—For purposes of this section, the
term ‘major adverse personnel action’ means a suspension
of more than 14 days, a reduction in pay or grade, a re-
moval for conduct or performance, a nondisciplinary re-
moval, a furlough of 30 days or less (but not including
placement in a nonpay status as the result of a lapse of
appropriations or an enactment by Congress), or a reduc-
tion in force action.’’.
(c) APPLICABILITY OF MERIT SYSTEMS PROTECTION
BOARD PROVISIONS.—Section 347(b) of the Department
of Transportation and Related Agencies Appropriations
Act, 1996 (109 Stat. 460) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
161
‘‘(8) sections 1204, 1211–1218, 1221, and
7701–7703, relating to the Merit Systems Protec-
tion Board.’’.
(d) APPEALS
TO
MERIT
SYSTEMS
PROTECTION
BOARD.—Section 347(c) of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1996 is
amended to read as follows:
‘‘(c) APPEALS
TO MERIT SYSTEMS PROTECTION
BOARD.—Under the new personnel management system
developed and implemented under subsection (a), an em-
ployee of the Federal Aviation Administration may submit
an appeal to the Merit Systems Protection Board and may
seek judicial review of any resulting final orders or deci-
sions of the Board from any action that was appealable
to the Board under any law, rule, or regulation as of
March 31, 1996.’’.
SEC. 706. NONDISCRIMINATION IN AIRLINE TRAVEL.
(a) DISCRIMINATORY PRACTICES.—Section 41310(a)
is amended to read as follows:
‘‘(a) PROHIBITIONS.—
‘‘(1) IN GENERAL.—An air carrier or foreign
air carrier may not subject a person, place, port, or
type of traffic in foreign air transportation to unrea-
sonable discrimination.
162
‘‘(2) DISCRIMINATION AGAINST PERSONS.—An
air carrier or foreign air carrier may not subject a
person in foreign air transportation to discrimina-
tion on the basis of race, color, national origin, reli-
gion, or sex.’’.
(b) INTERSTATE AIR TRANSPORTATION.—Section
41702 is amended—
(1) by striking ‘‘An air carrier’’ and inserting
‘‘(a) 
SAFE
AND
ADEQUATE
AIR
TRANSPOR-
TATION.—An air carrier’’; and
(2) by adding at the end the following:
‘‘(b) DISCRIMINATION AGAINST PERSONS.—An air
carrier may not subject a person in interstate air transpor-
tation to discrimination on the basis of race, color, na-
tional origin, religion, or sex.’’.
(c) DISCRIMINATION AGAINST HANDICAPPED INDI-
VIDUALS BY FOREIGN AIR CARRIERS.—Section 41705 is
amended—
(1) by inserting ‘‘(a) GENERAL PROHIBITION.—
’’ before ‘‘In providing’’; and
(2) by adding at the end the following:
‘‘(b) PROHIBITION APPLICABLE
TO FOREIGN AIR
CARRIERS.—Subject to section 40105(b), the prohibition
on discrimination against an otherwise qualified individual
163
set forth in subsection (a) shall apply to a foreign air car-
rier in providing foreign air transportation.’’.
(d) CIVIL PENALTY FOR VIOLATIONS OF PROHIBI-
TION
ON
DISCRIMINATION
AGAINST
THE
HANDI-
CAPPED.—Section 46301(a)(3) is further amended by
adding at the end the following:
‘‘(E) a violation of section 41705, relating to
discrimination against handicapped individuals.’’.
(e) INTERNATIONAL AVIATION STANDARDS FOR AC-
COMMODATING
THE HANDICAPPED.—The Secretary of
Transportation shall work with appropriate international
organizations and the aviation authorities of other nations
to bring about the establishment of higher standards, if
appropriate, for accommodating handicapped passengers
in air transportation, particularly with respect to foreign
air carriers that code share with domestic air carriers.
SEC. 707. JOINT VENTURE AGREEMENT.
Section 41716(a)(1) is amended by striking ‘‘an
agreement entered into by a major air carrier’’ and insert-
ing ‘‘an agreement entered into between two or more
major air carriers’’.
SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.
Section 44310 is amended by striking ‘‘after’’ and all
that follows and inserting ‘‘after December 31, 2004.’’.
164
SEC. 709. GENERAL FACILITIES AND PERSONNEL AUTHOR-
ITY.
Section 44502(a) is further amended by adding at
the end the following:
‘‘(6) 
IMPROVEMENTS
ON
LEASED
PROP-
ERTIES.—The Administrator may make improve-
ments to real property leased for no or nominal con-
sideration for an air navigation facility, regardless of
whether the cost of making the improvements ex-
ceeds the cost of leasing the real property, if—
‘‘(A) the improvements primarily benefit
the Government;
‘‘(B) the improvements are essential for
accomplishment of the mission of the Federal
Aviation Administration; and
‘‘(C) the interest of the Government in the
improvements is protected.’’.
SEC. 710. IMPLEMENTATION OF ARTICLE 83 BIS OF THE
CHICAGO CONVENTION.
Section 44701 is amended by—
(1) redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(e) BILATERAL EXCHANGES
OF SAFETY OVER-
SIGHT RESPONSIBILITIES.—
165
‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of this chapter, the Administrator, pursuant to
Article 83 bis of the Convention on International
Civil Aviation and by a bilateral agreement with the
aeronautical authorities of another country, may ex-
change with that country all or part of their respec-
tive functions and duties with respect to registered
aircraft under the following articles of the Conven-
tion: Article 12 (Rules of the Air); Article 31 (Cer-
tificates of Airworthiness); or Article 32a (Licenses
of Personnel).
‘‘(2) RELINQUISHMENT
AND
ACCEPTANCE
OF
RESPONSIBILITY.—The Administrator relinquishes
responsibility with respect to the functions and du-
ties transferred by the Administrator as specified in
the bilateral agreement, under the Articles listed in
paragraph (1) for United States-registered aircraft
described in paragraph (4)(A) transferred abroad
and accepts responsibility with respect to the func-
tions and duties under those Articles for aircraft
registered abroad and described in paragraph (4)(B)
that are transferred to the United States.
‘‘(3) CONDITIONS.—The Administrator may
predicate, in the agreement, the transfer of func-
tions and duties under this subsection on any condi-
166
tions the Administrator deems necessary and pru-
dent, except that the Administrator may not transfer
responsibilities for United States registered aircraft
described in paragraph (4)(A) to a country that the
Administrator determines is not in compliance with
its obligations under international law for the safety
oversight of civil aviation.
‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this
subsection, the term ‘registered aircraft’ means—
‘‘(A) aircraft registered in the United
States and operated pursuant to an agreement
for the lease, charter, or interchange of the air-
craft or any similar arrangement by an oper-
ator that has its principal place of business or,
if it has no such place of business, its perma-
nent residence in another country; or
‘‘(B) aircraft registered in a foreign coun-
try and operated under an agreement for the
lease, charter, or interchange of the aircraft or
any similar arrangement by an operator that
has its principal place of business or, if it has
no such place of business, its permanent resi-
dence in the United States.’’.
SEC. 711. PUBLIC AVAILABILITY OF AIRMEN RECORDS.
Section 44703 is amended—
167
(1) by redesignating subsections (c) through (f)
as subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) PUBLIC INFORMATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law, the
information contained in the records of contents of
any airman certificate issued under this section that
is limited to an airman’s name, address, and ratings
held shall be made available to the public after the
120th day following the date of the enactment of the
Aviation Investment and Reform Act for the 21st
Century.
‘‘(2) OPPORTUNITY
TO
WITHHOLD
INFORMA-
TION.—Before making any information concerning
an airman available to the public under paragraph
(1), the airman shall be given an opportunity to
elect that the information not be made available to
the public.
‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF
PROGRAM.—Not later than 60 days after the date of
the enactment of the Aviation Investment and Re-
form Act for the 21st Century, the Administrator
shall develop and implement, in cooperation with
168
representatives of the aviation industry, a one-time
written notification to airmen to set forth the impli-
cations of making information concerning an airman
available to the public under paragraph (1) and to
carry out paragraph (2).’’.
SEC. 712. APPEALS OF EMERGENCY REVOCATIONS OF CER-
TIFICATES.
Section 44709(e) is amended to read as follows:
‘‘(e) EFFECTIVENESS
OF ORDERS PENDING AP-
PEAL.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if a person files an appeal with the Board
under section (d), the order of the Administrator is
stayed.
‘‘(2) EMERGENCIES.—If the Administrator ad-
vises the Board that an emergency exists and safety
in air commerce or air transportation requires the
order to be effective immediately, the order is effec-
tive, except that a person filing an appeal under sub-
section (d) may file a written petition to the Board
for an emergency stay on the issues of the appeal
that are related to the existence of the emergency.
The Board shall have 10 days to review the mate-
rials. If any two members of the Board determine
that sufficient grounds exist to grant a stay, an
169
emergency stay shall be granted. If an emergency
stay is granted, the Board must meet within 15 days
of the granting of the stay to make a final disposi-
tion of the issues related to the existence of the
emergency.
‘‘(3) FINAL DISPOSITION OF APPEAL.—In all
cases, the Board shall make a final disposition of the
merits of the appeal not later than 60 days after the
Administrator advises the Board of the order.’’.
SEC. 713. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end the
following:
‘‘(f) GOVERNMENT
AND INDUSTRY CONSORTIA.—
The Administrator may establish at individual airports
such consortia of government and aviation industry rep-
resentatives as the Administrator may designate to pro-
vide advice on matters related to aviation security and
safety. Such consortia shall not be considered Federal ad-
visory committees.’’.
SEC. 714. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking ‘‘shall’’
and inserting ‘‘should’’.
SEC. 715. COST RECOVERY FOR FOREIGN AVIATION SERV-
ICES.
Section 45301 is amended—
170
(1) by striking subsection (a)(2) and inserting
the following:
‘‘(2) Services (other than air traffic control
services) provided to a foreign government or to any
entity obtaining services outside the United States,
except that the Administrator shall not impose fees
in any manner for production-certification related
service performed outside the United States per-
taining to aeronautical products manufactured out-
side the United States.’’; and
(2) by adding at the end the following:
‘‘(d) PRODUCTION-CERTIFICATION RELATED SERV-
ICE DEFINED.—In this section, the term ‘production-cer-
tification related service’ has the meaning given that term
in appendix C of part 187 of title 14, Code of Federal
Regulations.’’.
SEC. 716. TECHNICAL CORRECTIONS TO CIVIL PENALTY
PROVISIONS.
Section 46301 is amended—
(1) in subsection (a)(1)(A) by striking ‘‘46302,
46303, or’’;
(2) in subsection (d)(7)(A) by striking ‘‘an indi-
vidual’’ the first place it appears and inserting ‘‘a
person’’; and
171
(3) in subsection (g) by inserting ‘‘or the Ad-
ministrator’’ after ‘‘Secretary’’.
SEC. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY
ACT.
(a) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH
STAGE 3 NOISE LEVELS.—Section 47528(b)(1) is amend-
ed in the first sentence by inserting ‘‘or foreign air car-
rier’’ after ‘‘air carrier’’.
(b) EXEMPTION FOR AIRCRAFT MODIFICATION OR
DISPOSAL.—Section 47528 is amended—
(1) in subsection (a) by inserting ‘‘or (f)’’ after
‘‘(b)’’; and
(2) by adding at the end the following:
‘‘(f) AIRCRAFT MODIFICATION OR DISPOSAL.—After
December 31, 1999, the Secretary may provide a proce-
dure under which a person may operate a stage 1 or stage
2 aircraft in nonrevenue service to or from an airport in
the United States in order to—
‘‘(1) sell the aircraft outside the United States;
‘‘(2) sell the aircraft for scrapping; or
‘‘(3) obtain modifications to the aircraft to meet
stage 3 noise levels.’’.
(c) LIMITED OPERATION OF CERTAIN AIRCRAFT.—
Section 47528(e) is amended by adding at the end the
following:
172
‘‘(4) An air carrier operating stage 2 aircraft under
this subsection may operate stage 2 aircraft to or from
the 48 contiguous States on a nonrevenue basis in order
to—
‘‘(A) perform maintenance (including major al-
terations) or preventative maintenance on aircraft
operated, or to be operated, within the limitations of
paragraph (2)(B); or
‘‘(B) conduct operations within the limitations
of paragraph (2)(B).’’.
SEC. 718. METROPOLITAN WASHINGTON AIRPORT AUTHOR-
ITY.
(a) EXTENSION OF APPLICATION APPROVALS.—Sec-
tion 49108 is amended by striking ‘‘2001’’ and inserting
‘‘2004’’.
(b) ELIMINATION OF DEADLINE FOR APPOINTMENT
OF
MEMBERS
TO
BOARD
OF
DIRECTORS.—Section
49106(c)(6) is amended by striking subparagraph (C) and
by redesignating subparagraph (D) as subparagraph (C).
SEC. 719. ACQUISITION MANAGEMENT SYSTEM.
Section 348 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (49 U.S.C.
106 note; 109 Stat. 460) is amended by striking sub-
section (c) and inserting the following:
173
‘‘(c) CONTRACTS EXTENDING INTO A SUBSEQUENT
FISCAL YEAR.—Notwithstanding subsection (b)(3), the
Administrator may enter into contracts for procurement
of severable services that begin in one fiscal year and end
in another if (without regard to any option to extend the
period of the contract) the contract period does not exceed
1 year.’’.
SEC. 720. CENTENNIAL OF FLIGHT COMMISSION.
(a) MEMBERSHIP.—
(1) APPOINTMENT.—Section 4(a)(5) of the
Centennial of Flight Commemoration Act (36 U.S.C.
143 note; 112 Stat. 3487) is amended by inserting
‘‘, or his designee,’’ after ‘‘prominence’’.
(2) STATUS.—Section 4 of such Act (112 Stat.
3487) is amended by adding at the end the fol-
lowing:
‘‘(g) STATUS.—The members of the Commission de-
scribed in paragraphs (1), (3), (4), and (5) of subsection
(a) shall not be considered to be officers or employees of
the United States.’’.
(b) DUTIES.—Section 5(a)(7) of such Act (112 Stat.
3488) is amended to read as follows:
‘‘(7) as a nonprimary purpose, publish popular
and scholarly works related to the history of aviation
174
or the anniversary of the centennial of powered
flight.’’.
(c) CONFLICTS OF INTEREST.—Section 6 of such Act
(112 Stat. 3488–3489) is amended by adding at the end
the following:
‘‘(e) CONFLICTS OF INTEREST.—At its second busi-
ness meeting, the Commission shall adopt a policy to pro-
tect against possible conflicts of interest involving its
members and employees. The Commission shall consult
with the Office of Government Ethics in the development
of such a policy and shall recognize the status accorded
its members under section 4(g).’’.
(d) EXECUTIVE DIRECTOR.—The first sentence of
section 7(a) of such Act (112 Stat. 3489) is amended by
striking the period at the end and inserting the following:
‘‘or represented on the First Flight Centennial Advisory
Board under subparagraphs (A) through (E) of section
12(b)(1).’’.
(e) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS,
SEALS, AND MARKS.—
(1) USE OF FUNDS.—Section 9(d) of such Act
(112 Stat. 3490) is amended by striking the period
at the end and inserting the following: ‘‘, except that
the Commission may transfer any portion of such
funds that is in excess of the funds necessary to
175
carry out such duties to any Federal agency or the
National Air and Space Museum of the Smithsonian
Institution to be used for the sole purpose of com-
memorating the history of aviation or the centennial
of powered flight.’’.
(2) DUTIES TO BE CARRIED OUT BY ADMINIS-
TRATOR OF NASA.—Section 9 of such Act (112 Stat.
3490) is amended by adding at the end the fol-
lowing:
‘‘(f) DUTIES TO BE CARRIED OUT BY ADMINIS-
TRATOR OF NASA.—The duties of the Commission under
this section shall be carried out by the Administrator of
the National Aeronautics and Space Administration, in
consultation with the Commission.’’.
SEC. 721. AIRCRAFT SITUATIONAL DISPLAY DATA.
(a) IN GENERAL.—A memorandum of agreement be-
tween the Administrator and any person that directly ob-
tains aircraft situational display data from the Federal
Aviation Administration shall require that—
(1) the person demonstrate to the satisfaction
of the Administrator that such person is capable of
selectively blocking the display of any aircraft-situa-
tion-display-to-industry derived data related to any
identified aircraft registration number; and
176
(2) the person agree to block selectively the air-
craft registration numbers of any aircraft owner or
operator upon the Administration’s request.
(b) EXISTING MEMORANDA TO BE CONFORMED.—
The Administrator shall conform any memoranda of
agreement, in effect on the date of the enactment of this
Act, between the Administration and a person under which
that person obtains aircraft situational display data to in-
corporate the requirements of subsection (a) within 30
days after that date.
SEC. 722. ELIMINATION OF BACKLOG OF EQUAL EMPLOY-
MENT OPPORTUNITY COMPLAINTS.
(a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal
year 2000, the Secretary of Transportation may hire or
contract for such additional personnel as may be necessary
to eliminate the backlog of pending equal employment op-
portunity complaints to the Department of Transportation
and to ensure that investigations of complaints are com-
pleted not later than 180 days after the date of initiation
of the investigation.
(b) FUNDING.—Of the amounts appropriated pursu-
ant to section 106(k) of title 49, United States Code, for
fiscal year 2000, $2,000,000 may be used to carry out
this section.
177
SEC. 723. NEWPORT NEWS, VIRGINIA.
(a) AUTHORITY TO GRANT WAIVERS.—Notwith-
standing section 16 of the Federal Airport Act (as in ef-
fect on May 14, 1947) or section 47125 of title 49, United
States Code, the Secretary shall, subject to section 47153
of such title (as in effect on June 1, 1998), and subsection
(b) of this section, waive with respect to airport property
parcels that, according to the Federal Aviation Adminis-
tration approved airport layout plan for Newport News/
Williamsburg International Airport, are no longer required
for airport purposes from any term contained in the deed
of conveyance dated May 14, 1947, under which the
United States conveyed such property to the Peninsula
Airport Commission for airport purposes of the Commis-
sion.
(b) CONDITIONS.—Any waiver granted by the Sec-
retary under subsection (a) shall be subject to the fol-
lowing conditions:
(1) The Peninsula Airport Commission shall
agree that, in leasing or conveying any interest in
the property with respect to which waivers are
granted under subsection (a), the Commission will
receive an amount that is equal to the fair lease
value or the fair market value, as the case may be
(as determined pursuant to regulations issued by the
Secretary).
178
(2) Peninsula Airport Commission shall use any
amount so received only for the development, im-
provement, operation, or maintenance of Newport
News/Williamsburg International Airport.
SEC. 724. GRANT OF EASEMENT, LOS ANGELES, CALI-
FORNIA.
The City of Los Angeles Department of Airports may
grant an easement to the California Department of Trans-
portation to lands required to provide sufficient right-of-
way to facilitate the construction of the California State
Route 138 bypass, as proposed by the California Depart-
ment of Transportation.
SEC. 725. REGULATION OF ALASKA GUIDE PILOTS.
(a) IN GENERAL.—Beginning on the date of the en-
actment of this Act, flight operations conducted by Alaska
guide pilots shall be regulated under the general operating
and flight rules contained in part 91 of title 14, Code of
Federal Regulations.
(b) RULEMAKING PROCEEDING.—
(1) IN GENERAL.—The Administrator shall con-
duct a rulemaking proceeding and issue a final rule
to modify the general operating and flight rules re-
ferred to in subsection (a) by establishing special
rules applicable to the flight operations conducted by
Alaska guide pilots.
179
(2) CONTENTS OF RULES.—A final rule issued
by the Administrator under paragraph (1) shall re-
quire Alaska guide pilots—
(A) to operate aircraft inspected no less
often than after 125 hours of flight time;
(B) to participate in an annual flight re-
view, as described in section 61.56 of title 14,
Code of Federal Regulations;
(C) to have at least 500 hours of flight
time as a pilot;
(D) to have a commercial rating, as de-
scribed subpart F of part 61 of such title;
(E) to hold at least a second-class medical
certificate, as described in subpart C of part 67
of such title;
(F) to hold a current letter of authoriza-
tion issued by the Administrator; and
(G) to take such other actions as the Ad-
ministrator determines necessary for safety.
(c) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) LETTER
OF
AUTHORIZATION.—The term
‘‘letter of authorization’’ means a letter issued by
the Administrator once every 5 years to an Alaska
guide pilot certifying that the pilot is in compliance
180
with general operating and flight rules applicable to
the pilot. In the case of a multi-pilot operation, at
the election of the operating entity, a letter of au-
thorization may be issued by the Administrator to
the entity or to each Alaska guide pilot employed by
the entity.
(2) ALASKA GUIDE PILOT.—The term ‘‘Alaska
guide pilot’’ means a pilot who—
(A) conducts aircraft operations over or
within the State of Alaska;
(B) operates single engine, fixed wing air-
craft on floats, wheels, or skis, providing com-
mercial hunting, fishing, or other guide services
and related accommodations in the form of
camps or lodges; and
(C) transports clients by such aircraft inci-
dental to hunting, fishing, or other guide serv-
ices, or uses air transport to enable guided cli-
ents to reach hunting or fishing locations.
SEC. 726. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY
PANEL.
(a) ESTABLISHMENT OF PANEL.—The Secretary of
Transportation—
(1) shall establish an Aircraft Repair and Main-
tenance Advisory Panel to review issues related to
181
the use and oversight of aircraft and aviation com-
ponent repair and maintenance facilities (in this sec-
tion referred to as ‘‘aircraft repair facilities’’) lo-
cated within, or outside of, the United States; and
(2) may seek the advice of the panel on any
issue related to methods to increase safety by im-
proving the oversight of aircraft repair facilities.
(b) MEMBERSHIP.—The panel shall consist of—
(1) nine members appointed by the Secretary as
follows:
(A) three representatives of labor organiza-
tions representing aviation mechanics;
(B) one representative of cargo air car-
riers;
(C) one representative of passenger air
carriers;
(D) one representative of aircraft repair
facilities;
(E) one representative of aircraft manufac-
turers;
(F) one representative of on-demand pas-
senger air carriers and corporate aircraft oper-
ations; and
(G) one representative of regional pas-
senger air carriers;
182
(2) one representative from the Department of
Commerce, designated by the Secretary of Com-
merce;
(3) one representative from the Department of
State, designated by the Secretary of State; and
(4) one representative from the Federal Avia-
tion Administration, designated by the Adminis-
trator.
(c) RESPONSIBILITIES.—The panel shall—
(1) determine the amount and type of work
that is being performed by aircraft repair facilities
located within, and outside of, the United States;
and
(2) provide advice and counsel to the Secretary
with respect to the aircraft and aviation component
repair work performed by aircraft repair facilities
and air carriers, staffing needs, and any balance of
trade or safety issues associated with that work.
(d) DOT TO REQUEST INFORMATION FROM AIR
CARRIERS AND REPAIR FACILITIES.—
(1) COLLECTION OF INFORMATION.—The Sec-
retary, by regulation, shall require air carriers, for-
eign air carriers, domestic repair facilities, and for-
eign repair facilities to submit such information as
the Secretary may require in order to assess balance
183
of trade and safety issues with respect to work per-
formed on aircraft used by air carriers, foreign air
carriers, United States corporate operators, and for-
eign corporate operators.
(2) DRUG
AND
ALCOHOL
TESTING
INFORMA-
TION.—Included in the information the Secretary re-
quires under paragraph (1) shall be information on
the existence and administration of employee drug
and alcohol testing programs in place at the foreign
repair facilities, if applicable. The Secretary, if nec-
essary, shall work with the International Civil Avia-
tion Organization to increase the number and im-
prove the administration of employee drug and alco-
hol testing programs at the foreign repair facilities.
(3) DESCRIPTION OF WORK DONE.—Included in
the information the Secretary requires under para-
graph (1) shall be information on the amount and
type of work performed on aircraft registered in and
outside of the United States.
(e) DOT TO FACILITATE COLLECTION OF INFORMA-
TION ABOUT AIRCRAFT MAINTENANCE.—The Secretary
shall facilitate the collection of information from the Na-
tional Transportation Safety Board, the Federal Aviation
Administration, and other appropriate agencies regarding
maintenance performed by aircraft repair facilities.
184
(f) DOT TO MAKE INFORMATION AVAILABLE TO
PUBLIC.—The Secretary shall make any relevant informa-
tion received under subsection (c) available to the public,
consistent with the authority to withhold trade secrets or
commercial, financial, and other proprietary information
under section 552 of title 5, United States Code.
(g) TERMINATION.—The panel established under
subsection (a) shall terminate on the earlier of—
(1) the date that is 2 years after the date of the
enactment of this Act; or
(2) December 31, 2001.
(h) DEFINITIONS.—The definitions contained in sec-
tion 40102 of title 49, United States Code, shall apply
to this section.
SEC. 727. OPERATIONS OF AIR TAXI INDUSTRY.
(a) STUDY.—The Administrator, in consultation with
the National Transportation Safety Board and other in-
terested persons, shall conduct a study of air taxi opera-
tors regulated under part 135 of title 14, Code of Federal
Regulations.
(b) CONTENTS.—The study shall include an analysis
of the size and type of the aircraft fleet, relevant aircraft
equipment, hours flown, utilization rates, safety record by
various categories of use and aircraft type, sales revenues,
and airports served by the air taxi fleet.
185
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Administrator shall
transmit to Congress a report on the results of the study.
SEC. 728. SENSE OF THE CONGRESS CONCERNING COMPLE-
TION OF COMPREHENSIVE NATIONAL AIR-
SPACE REDESIGN.
It is the sense of the Congress that, as soon as is
practicable, the Administrator should complete and begin
implementation of the comprehensive national airspace re-
design that is being conducted by the Administrator.
SEC. 729. COMPLIANCE WITH REQUIREMENTS.
Notwithstanding any other provision of law, in order
to avoid unnecessary duplication of expense and effort, the
Secretary of Transportation may authorize the use, in
whole or in part, of a completed environmental assessment
or environmental impact study for new construction
projects on the air operations area of an airport, if the
completed assessment or study was for a project at the
airport that is substantially similar in nature to the new
project. Any such authorized use shall meet all require-
ments of Federal law for the completion of such an assess-
ment or study.
SEC. 730. AIRCRAFT NOISE LEVELS AT AIRPORTS.
(a) DEVELOPMENT OF NEW STANDARDS.—The Sec-
retary of Transportation shall continue to work to develop
186
a new standard for aircraft and aircraft engines that will
lead to a further reduction in aircraft noise levels.
(b) REPORT.—Not later than March 1, 2000, and an-
nually thereafter, the Secretary shall transmit to Congress
a report regarding the application of new standards or
technologies to reduce aircraft noise levels.
SEC. 731. FAA CONSIDERATION OF CERTAIN STATE PRO-
POSALS.
The Administrator is encouraged to consider any pro-
posal with a regional consensus submitted by a State avia-
tion authority regarding the expansion of existing airport
facilities or the introduction of new airport facilities.
SEC. 732. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.
(a) APPROVAL OF SALE.—To maintain the efficient
utilization of airports in the high-growth Cincinnati local
airport system, and to ensure that the Cincinnati-Munic-
ipal Blue Ash Airport continues to operate to relieve con-
gestion at Cincinnati-Northern Kentucky International
Airport and to provide greater access to the general avia-
tion community beyond the expiration of the City of Cin-
cinnati’s grant obligations, the Secretary of Transpor-
tation may approve the sale of Cincinnati-Municipal Blue
Ash Airport from the City of Cincinnati to the City of
Blue Ash upon a finding that the City of Blue Ash meets
all applicable requirements for sponsorship and if the City
187
of Blue Ash agrees to continue to maintain and operate
Blue Ash Airport, as generally contemplated and described
within the Blue Ash Master Plan Update dated November
30, 1998, for a period of 20 years from the date existing
grant assurance obligations of the City of Cincinnati ex-
pire.
(b) TREATMENT OF PROCEEDS FROM SALE.—The
proceeds from the sale approved under subsection (a) shall
not be considered to be airport revenue for purposes of
section 47107 and 47133 of title 49, United States Code,
grant obligations of the City of Cincinnati, or regulations
and policies of the Federal Aviation Administration.
SEC. 733. AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RE-
SPONDING TO OIL SPILLS.
(a) AUTHORITY TO SELL.—
(1) IN GENERAL.—Notwithstanding section 202
of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483) and subject to sub-
sections (b) and (c), the Secretary of Defense may,
during the period beginning June 15, 1999, and
ending September 30, 2002, sell aircraft and air-
craft parts referred to in paragraph (2) to a person
or governmental entity that contracts to deliver oil
dispersants by air in order to disperse oil spills, and
that has been approved by the Secretary of the De-
188
partment in which the Coast Guard is operating for
the delivery of oil dispersants by air in order to dis-
perse oil spills.
(2) 
COVERED
AIRCRAFT
AND
AIRCRAFT
PARTS.—The aircraft and aircraft parts that may be
sold under paragraph (1) are aircraft and aircraft
parts of the Department of Defense that are deter-
mined by the Secretary of Defense to be—
(A) excess to the needs of the Department;
(B) acceptable for commercial sale; and
(C) with respect to aircraft, 10 years old
or older.
(b) CONDITIONS
OF SALE.—Aircraft and aircraft
parts sold under subsection (a)—
(1) may be used only for oil spill spotting, ob-
servation, and dispersant delivery; and
(2) may not be flown outside of or removed
from the United States, except for the purpose of
fulfilling an international agreement to assist in oil
spill dispersing efforts or for other purposes that are
jointly approved by the Secretary of Defense and the
Secretary of Transportation.
(c) CERTIFICATION OF PERSONS AND ENTITIES.—
The Secretary of Defense may sell aircraft and aircraft
parts to a person or governmental entity under subsection
189
(a) only if the Secretary of Transportation certifies to the
Secretary of Defense, in writing, before the sale, that the
person or governmental entity is capable of meeting the
terms and conditions of a contract to deliver oil spill
dispersants by air.
(d) REGULATIONS.—
(1) IN GENERAL.—As soon as practicable after
the date of the enactment of this Act, the Secretary
of Defense, in consultation with the Secretary of
Transportation and the Administrator of General
Services, shall issue regulations relating to the sale
of aircraft and aircraft parts under this section.
(2) CONTENTS.—The regulations shall—
(A) ensure that the sale of the aircraft and
aircraft parts is made at a fair market value as
determined by the Secretary of Defense, and, to
the extent practicable, on a competitive basis;
(B) require a certification by the purchaser
that the aircraft and aircraft parts will be used
in accordance with the conditions set forth in
subsection (b);
(C) 
establish 
appropriate 
means 
of
verifying and enforcing the use of the aircraft
and aircraft parts by the purchaser and other
users in accordance with the conditions set
190
forth in subsection (b) or pursuant to sub-
section (e); and
(D) ensure, to the maximum extent prac-
ticable, that the Secretary of Defense consults
with the Administrator of General Services and
with the heads of other appropriate depart-
ments and agencies of the Federal Government
regarding alternative uses for such aircraft and
aircraft parts before the sale of such aircraft
and aircraft parts under this section.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of Defense may require such other terms and
conditions in connection with each sale of aircraft and air-
craft parts under this section as the Secretary of Defense
considers appropriate for such sale. Such terms and condi-
tions shall meet the requirements of regulations issued
under subsection (d).
(f) REPORT.—Not later than March 31, 2002, the
Secretary of Defense shall submit to the Committee on
Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Armed Services and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives a report on the Secretary of Defense’s exercise of
authority under this section. The report shall set forth—
191
(1) the number and types of aircraft sold under
this section, and the terms and conditions under
which the aircraft were sold;
(2) the persons or entities to which the aircraft
were sold; and
(3) an accounting of the current use of the air-
craft sold.
(g) CONSTRUCTION.—Nothing in this section may be
construed as affecting the authority of the Administrator
of the Federal Aviation Administration under any other
provision of law.
(h) PROCEEDS FROM SALE.—The net proceeds of
any amounts received by the Secretary of Defense from
the sale of aircraft and aircraft parts under this section
shall be deposited into the general fund of the Treasury
as miscellaneous receipts.
SEC. 734. DISCRIMINATORY PRACTICES BY COMPUTER RES-
ERVATIONS SYSTEMS OUTSIDE THE UNITED
STATES.
(a) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY
FOREIGN CRS SYSTEMS.—Section 41310 is amended by
adding at the end the following:
‘‘(g) ACTIONS AGAINST DISCRIMINATORY ACTIVITY
BY FOREIGN CRS SYSTEMS.—The Secretary of Transpor-
tation may take such actions as the Secretary considers
192
are in the public interest to eliminate an activity of a for-
eign air carrier that owns or markets a computer reserva-
tions system, or of a computer reservations system firm
whose principal offices are located outside the United
States, when the Secretary, on the initiative of the Sec-
retary or on complaint, decides that the activity, with re-
spect to airline service—
‘‘(1) is an unjustifiable or unreasonable dis-
criminatory, predatory, or anticompetitive practice
against a computer reservations system firm whose
principal offices are located inside the United States;
or
‘‘(2) imposes an unjustifiable or unreasonable
restriction on access of such a computer reservations
system to a foreign market.’’.
(b) COMPLAINTS BY CRS FIRMS.—Section 41310 is
amended—
(1) in subsection (d)(1)—
(A) by striking ‘‘air carrier’’ in the first
sentence and inserting ‘‘air carrier, computer
reservations system firm,’’;
(B) by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (c) or (g)’’; and
193
(C) by striking ‘‘air carrier’’ in subpara-
graph (B) and inserting ‘‘air carrier or com-
puter reservations system firm’’; and
(2) in subsection (e)(1) by inserting ‘‘or a com-
puter reservations system firm is subject when pro-
viding services with respect to airline service’’ before
the period at the end of the first sentence.
SEC. 735. ALKALI SILICA REACTIVITY DISTRESS.
(a) IN GENERAL.—The Administrator may make a
grant to, or enter into a cooperative agreement with, a
nonprofit organization for the conduct of a study on the
impact of alkali silica reactivity distress on airport run-
ways and taxiways and the use of lithium salts and other
alternatives for mitigation and prevention of such distress.
(b) REPORT.—Not later than 18 months after mak-
ing a grant, or entering into a cooperative agreement,
under subsection (a) the Administrator shall transmit a
report to Congress on the results of the study.
SEC. 736. PROCUREMENT OF PRIVATE ENTERPRISE MAP-
PING, CHARTING, AND GEOGRAPHIC INFOR-
MATION SYSTEMS.
The Administrator shall consider procuring mapping,
charting, and geographic information systems necessary to
carry out the duties of the Administrator under title 49,
United States Code, from private enterprises, if the Ad-
194
ministrator determines that such procurement furthers
the mission of the Federal Aviation Administration and
is cost effective.
SEC. 737. LAND USE COMPLIANCE REPORT.
Section 47131 is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) a detailed statement listing airports that
are not in compliance with grant assurances or other
requirements with respect to airport lands and in-
cluding the circumstances of such noncompliance,
the timelines for corrective action, and the corrective
action the Secretary intends to take to bring the air-
port sponsor into compliance.’’.
SEC. 738. NATIONAL TRANSPORTATION DATA CENTER OF
EXCELLENCE.
Of the amounts made available pursuant to section
5117(b)(6)(B) of the Transportation Equity Act for the
21st Century (23 U.S.C. 502 note; 112 Stat. 450), not
to exceed $1,000,000 for each of fiscal years 2000 and
2001 may be made available by the Secretary of Transpor-
tation to establish, at an Army depot that has been closed
195
or realigned, a national transportation data center of ex-
cellence that will—
(1) serve as a satellite facility for the central
data repository that is hosted by the computer cen-
ter of the Transportation Administrative Service;
and
(2) analyze transportation data collected by the
Federal Government, States, cities, and the trans-
portation industry.
SEC. 739. MONROE REGIONAL AIRPORT LAND CONVEY-
ANCE.
The Secretary of Transportation shall waive all terms
contained in the 1949 deed of conveyance under which the
United States conveyed certain property then constituting
Selman Field, Louisiana, to the City of Monroe, Lou-
isiana, subject to the following conditions:
(1) The city agrees that in conveying any inter-
est in such property the city will receive an amount
for such interest that is equal to the fair market
value for such interest.
(2) The amount received by the city for such
conveyance shall be used by the city—
(A) for the development, improvement, op-
eration, or maintenance of a public airport; or
196
(B) for the development or improvement of
the city’s airport industrial park co-located with
the Monroe Regional Airport to the extent that
such development or improvement will result in
an increase, over time, in the amount the indus-
trial park will pay to the airport to an amount
that is greater than the amount the city re-
ceived for such conveyance.
SEC. 740. AUTOMATED WEATHER FORECASTING SYSTEMS.
(a) CONTRACT
FOR
STUDY.—The Administrator
shall contract with the National Academy of Sciences to
conduct a study of the effectiveness of the automated
weather forecasting systems of covered flight service sta-
tions solely with regard to providing safe and reliable air-
port operations.
(b) COVERED FLIGHT SERVICE STATIONS.—In this
section, the term ‘‘covered flight service station’’ means
a flight service station where automated weather observa-
tion constitutes the entire observation and no additional
weather information is added by a human weather ob-
server.
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Administrator shall
transmit to the Congress a report on the results of the
study.
197
SEC. 741. NOISE STUDY OF SKY HARBOR AIRPORT, PHOE-
NIX, ARIZONA.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall conduct a study on recent
changes to the flight patterns of aircraft using Sky Harbor
Airport in Phoenix, Arizona, and the effects of such
changes on the noise contours in the Phoenix, Arizona,
region.
(b) REPORT.—
(1) IN GENERAL.—Not later than 90 days after
the enactment of this section, the Administrator
shall submit a report to Congress containing the re-
sults of the study conducted under subsection (a)
and recommendations for measures to mitigate air-
craft noise over populated areas in the Phoenix, Ari-
zona, region.
(2) AVAILABILITY TO THE PUBLIC.—The Ad-
ministrator shall make the report described in para-
graph (1) available to the public.
SEC. 742. NONMILITARY HELICOPTER NOISE.
(a) IN GENERAL.—The Secretary of Transportation
shall conduct a study—
(1) on the effects of nonmilitary helicopter noise
on individuals; and
(2) to develop recommendations for the reduc-
tion of the effects of nonmilitary helicopter noise.
198
(b) CONSIDERATION OF VIEWS.—In conducting the
study under this section, the Secretary shall consider the
views of representatives of the helicopter industry and rep-
resentatives of organizations with an interest in reducing
nonmilitary helicopter noise.
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study under
this section.
TITLE VIII—NATIONAL PARKS
AIR TOUR MANAGEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘National Parks Air
Tour Management Act of 1999’’.
SEC. 802. FINDINGS.
Congress finds that—
(1) the Federal Aviation Administration has
sole authority to control airspace over the United
States;
(2) the Federal Aviation Administration has the
authority to preserve, protect, and enhance the envi-
ronment by minimizing, mitigating, or preventing
the adverse effects of aircraft overflights of public
and tribal lands;
199
(3) the National Park Service has the responsi-
bility of conserving the scenery and natural and his-
toric objects and wildlife in national parks and of
providing for the enjoyment of the national parks in
ways that leave the national parks unimpaired for
future generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public
health and welfare and is essential to the mainte-
nance of the natural and cultural resources of In-
dian tribes;
(5) the National Parks Overflights Working
Group, composed of general aviation, commercial air
tour, environmental, and Native American represent-
atives, recommended that the Congress enact legisla-
tion based on the Group’s consensus work product;
and
(6) this title reflects the recommendations made
by that Group.
SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL
PARKS.
(a) IN GENERAL.—Chapter 401 is further amended
by adding at the end the following:
‘‘§ 40126. Overflights of national parks
‘‘(a) IN GENERAL.—
200
‘‘(1) GENERAL REQUIREMENTS.—A commercial
air tour operator may not conduct commercial air
tour operations over a national park (including tribal
lands) except—
‘‘(A) in accordance with this section;
‘‘(B) in accordance with conditions and
limitations prescribed for that operator by the
Administrator; and
‘‘(C) in accordance with any applicable air
tour management plan for the park.
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
ITY.—
‘‘(A) 
APPLICATION
REQUIRED.—Before
commencing commercial air tour operations
over a national park (including tribal lands), a
commercial air tour operator shall apply to the
Administrator for authority to conduct the op-
erations over the park.
‘‘(B) COMPETITIVE BIDDING FOR LIMITED
CAPACITY PARKS.—Whenever an air tour man-
agement plan limits the number of commercial
air tour operations over a national park during
a specified time frame, the Administrator, in
cooperation with the Director, shall issue oper-
ation specifications to commercial air tour oper-
201
ators that conduct such operations. The oper-
ation specifications shall include such terms and
conditions as the Administrator and the Direc-
tor find necessary for management of commer-
cial air tour operations over the park. The Ad-
ministrator, in cooperation with the Director,
shall develop an open competitive process for
evaluating proposals from persons interested in
providing commercial air tour operations over
the park. In making a selection from among
various proposals submitted, the Administrator,
in cooperation with the Director, shall consider
relevant factors, including—
‘‘(i) the safety record of the person
submitting the proposal or pilots employed
by the person;
‘‘(ii) any quiet aircraft technology pro-
posed to be used by the person submitting
the proposal;
‘‘(iii) the experience of the person sub-
mitting the proposal with commercial air
tour operations over other national parks
or scenic areas;
‘‘(iv) the financial capability of the
company;
202
‘‘(v) any training programs for pilots
provided by the person submitting the pro-
posal; and
‘‘(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the National Park
Service for the affected park.
‘‘(C) NUMBER
OF
OPERATIONS
AUTHOR-
IZED.—In determining the number of author-
izations to issue to provide commercial air tour
operations over a national park, the Adminis-
trator, in cooperation with the Director, shall
take into consideration the provisions of the air
tour management plan, the number of existing
commercial air tour operators and current level
of service and equipment provided by any such
operators, and the financial viability of each
commercial air tour operation.
‘‘(D) COOPERATION
WITH
NPS.—Before
granting an application under this paragraph,
the Administrator, in cooperation with the Di-
rector, shall develop an air tour management
plan in accordance with subsection (b) and im-
plement such plan.
‘‘(3) EXCEPTION.—