(b) AUTHORIZATION
OF
APPROPRIATIONS
FROM
TRUST FUND.—Section 48104 is amended—
(1) by striking subsection (b) and redesignating
subsection (c) as subsection (b);
(2) in subsection (b) (as so redesignated)—
(A) by striking the subsection heading and
inserting ‘‘GENERAL
RULE: LIMITATION
ON
TRUST FUND AMOUNTS.—’’; and
(B) in the matter preceding paragraph
(1)—
(i) by striking ‘‘The amount’’ and in-
serting ‘‘Except as provided in subsection
(c), the amount’’; and
(ii) by striking ‘‘for each of fiscal years
1994 through 1998’’ and inserting ‘‘for fis-
cal year 2000 and each fiscal year there-
after’’; and
(3) by adding at the end the following:
‘‘(c) SPECIAL RULE FOR FISCAL YEARS 2000–2004.—
‘‘(1) IN GENERAL.—If the amount appropriated
under section 106(k) for any of fiscal years 2000
through 2004 less the amount that would be appro-
priated, but for this subsection, from the Trust Fund
for the purposes of paragraphs (1) and (2) of sub-
section (a) for such fiscal year is greater than the gen-
eral fund cap, the amount appropriated from the
Trust Fund for the purposes of paragraphs (1) and
(2) of subsection (a) for such fiscal year shall equal
the amount appropriated under section 106(k) for
such fiscal year less the general fund cap.
‘‘(2) GENERAL FUND CAP DEFINED.—In this sub-
section, the term ‘general fund cap’ means that por-
tion of the amounts appropriated for programs of the
Federal Aviation Administration for fiscal year 1998
that was derived from the general fund of the Treas-
ury.
(c) LIMITATION
ON
OBLIGATING
OR
EXPENDING
AMOUNTS.—Section 48108 is amended by striking sub-
section (c).
SEC. 104. AIP FORMULA CHANGES.
(a) DISCRETIONARY FUND.—Section 47115 is amend-
ed by striking subsections (g) and (h) and inserting the fol-
lowing:
‘‘(g) PRIORITY FOR LETTERS OF INTENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary shall fulfill intentions to obligate under sec-
tion 47110(e) with amounts available in the fund es-
tablished by subsection (a) and, if such amounts are
not sufficient for a fiscal year, with amounts made
available to carry out sections 47114(c)(1)(A),
47114(c)(2), 47114(d), and 47117(e) on a pro rata
basis.
‘‘(2) PROCEDURE.—Before apportioning funds
under sections 47114(c)(1)(A), 47114(c)(2), 47114(d),
and 47117(e) of each fiscal year, the Secretary shall
determine the amount of funds that will be necessary
to fulfill intentions to obligate under section 47110(e)
in such fiscal year. If such amount is greater than the
amount of funds that will be available in the fund es-
tablished by subsection (a) for such fiscal year, the
Secretary shall reduce the amount to be apportioned
under such sections for such fiscal year on a pro rata
basis by an amount equal to the difference.’’.
(b) AMOUNTS APPORTIONED TO SPONSORS.—
(1) AMOUNTS
TO
BE
APPORTIONED.—Effective
October 1, 2000, section 47114(c)(1) is amended—
(A) in subparagraph (A) by striking clauses
(i) through (v) and inserting the following:
‘‘(i) $23.40 for each of the first 50,000 passenger
boardings at the airport during the prior calendar
year;
‘‘(ii) $15.60 for each of the next 50,000 passenger
boardings at the airport during the prior calendar
year;
‘‘(iii) $7.80 for each of the next 400,000 pas-
senger boardings at the airport during the prior cal-
endar year;
‘‘(iv) $1.95 for each of the next 500,000 pas-
senger boardings at the airport during the prior cal-
endar year; and
‘‘(v) $1.50 for each additional passenger board-
ing at the airport during the prior calendar year.’’;
and
(B) in subparagraph (B) by striking
‘‘$500,000 nor more than $22,000,000’’ and in-
serting ‘‘$1,500,000’’.
(2) SPECIAL
RULES.—Section 47114(c)(1) is
amended by adding at the end the following:
‘‘(C) Notwithstanding subparagraph (A), the Secretary
shall apportion to an airport sponsor in a fiscal year an
amount equal to the amount apportioned to that sponsor
in the previous fiscal year if the Secretary finds that—
‘‘(i) passenger boardings at the airport were less
than 10,000 in the calendar year used to calculate the
apportionment;
‘‘(ii) the airport had at least 10,000 passenger
boardings in the calendar year prior to the calendar
year used to calculate the apportionment; and
‘‘(iii) the cause of the decrease in passenger
boardings was a temporary but significant interrup-
tion in service by an air carrier to that airport due
to an employment action, natural disaster, or other
event unrelated to the demand for air transportation
at the airport.
‘‘(D) Notwithstanding subparagraph (A), the Sec-
retary shall apportion on the first day of the first fiscal
year following the official opening of a new airport with
scheduled passenger air transportation an amount equal to
the minimum amount set forth in subparagraph (B) to the
sponsor of such airport.’’.
(c) CARGO ONLY AIRPORTS.—Section 47114(c)(2)(A)
is amended by striking ‘‘2.5 percent’’ and inserting ‘‘3 per-
cent’’.
(d) ENTITLEMENT
FOR
GENERAL
AVIATION
AIR-
PORTS.—Effective October 1, 2000, section 47114(d) is
amended—
(1) in the subsection heading by striking ‘‘TO
STATES’’ and inserting ‘‘FOR GENERAL AVIATION
AIRPORTS’’;
(2) in paragraph (1) by striking ‘‘(1) In this’’
and inserting ‘‘(1) DEFINITIONS.—In this’’;
(3) by indenting paragraph (1) and aligning
paragraph (1) (and its subparagraphs) with para-
graph (2) (as amended by paragraph (2) of this sub-
section); and
(4) by striking paragraph (2) and inserting the
following:
‘‘(2) APPORTIONMENTS.—The Secretary shall ap-
portion 20 percent of the amount subject to appor-
tionment for each fiscal year as follows:
‘‘(A) To each airport, excluding primary
airports but including reliever and nonprimary
commercial service airports, in States the lesser
of—
‘‘(i) $200,000; or
‘‘(ii) 1⁄5 of the most recently published
estimate of the 5-year costs for airport im-
provement for the airport, as listed in the
national plan of integrated airport systems
developed by the Federal Aviation Adminis-
tration under section 47103.
‘‘(B) Any remaining amount to States as
follows:
‘‘(i) 0.62 percent of the remaining
amount to Guam, American Samoa, the
Commonwealth of the Northern Mariana Is-
lands, and the Virgin Islands.
‘‘(ii) Except as provided in paragraph
(3), 49.69 percent of the remaining amount
for airports, excluding primary airports but
including reliever and nonprimary commer-
cial service airports, in States not named in
clause (i) in the proportion that the popu-
lation of each of those States bears to the
total population of all of those States.
‘‘(iii) Except as provided in paragraph
(3), 49.69 percent of the remaining amount
for airports, excluding primary airports but
including reliever and nonprimary commer-
cial service airports, in States not named in
clause (i) in the proportion that the area of
each of those States bears to the total area
of all of those States.’’.
(e) USE OF APPORTIONMENTS FOR ALASKA, PUERTO
RICO, AND HAWAII.—Section 47114(d)(3) is amended to
read as follows:
‘‘(3) SPECIAL RULE.—An amount apportioned
under paragraph (2) to Alaska, Puerto Rico, or Ha-
waii for airports in such State may be made avail-
able by the Secretary for any public airport in those
respective jurisdictions.’’.
(f) USE OF STATE-APPORTIONED FUNDS FOR SYSTEM
PLANNING.—Section 47114(d) is amended by adding at the
end the following:
‘‘(4) INTEGRATED AIRPORT SYSTEM PLANNING.—
Notwithstanding paragraph (2), funds made available
under this subsection may be used for integrated air-
port system planning that encompasses 1 or more pri-
mary airports.’’.
(g) FLEXIBILITY IN PAVEMENT CONSTRUCTION STAND-
ARDS.—
Section 47114(d) is further amended by adding at the
end the following:
‘‘(5) FLEXIBILITY IN PAVEMENT CONSTRUCTION
STANDARDS.—The Secretary may permit the use of
State highway specifications for airfield pavement
construction using funds made available under this
subsection at nonprimary airports serving aircraft
that do not exceed 60,000 pounds gross weight if the
Secretary determines that—
‘‘(A) safety will not be negatively affected;
and
‘‘(B) the life of the pavement will not be
shorter than it would be if constructed using
Federal Aviation Administration standards.’’.
(h) GRANTS
FOR AIRPORT NOISE COMPATIBILITY
PLANNING.—Section 47117(e)(1) is amended—
(1) in subparagraph (A) by striking ‘‘31 per-
cent’’ each place it appears and inserting ‘‘34 per-
cent’’; and
(2) in subparagraph (B) by striking ‘‘At least’’
and all that follows through ‘‘sponsors of current’’
and inserting ‘‘At least 4 percent to sponsors of cur-
rent’’.
(i) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—
Effective October 1, 2000, section 47114(e) is amended—
(1) in the subsection heading by striking ‘‘AL-
TERNATIVE’’ and inserting ‘‘SUPPLEMENTAL’’;
(2) in paragraph (1)—
(A) by striking ‘‘Instead of apportioning
amounts for airports in Alaska under’’ and in-
serting ‘‘IN GENERAL.—Notwithstanding’’;
(B) by striking ‘‘those airports’’ and insert-
ing ‘‘airports in Alaska’’; and
(C) by inserting before the period at the end
of the first sentence ‘‘and by increasing the
amount so determined for each of those airports
by 3 times’’;
(3) in paragraph (2) by inserting ‘‘AUTHORITY
FOR
DISCRETIONARY
GRANTS.—’’ before ‘‘This sub-
section’’;
(4) by striking paragraph (3) and inserting the
following:
‘‘(3) AIRPORTS
ELIGIBLE
FOR
FUNDS.—An
amount apportioned under this subsection may be
used for any public airport in Alaska.’’; and
(5) by indenting paragraph (1) and aligning
paragraph (1) (and its subparagraphs) and para-
graph (2) with paragraph (3) (as amended by para-
graph (4) of this subsection).
(j) REPEAL OF APPORTIONMENT LIMITATION ON COM-
MERCIAL SERVICE AIRPORTS IN ALASKA.—Section 47117
is amended by striking subsection (f) and by redesignating
subsections (g) and (h) as subsections (f) and (g), respec-
tively.
SEC. 105. PASSENGER FACILITY FEES.
(a) AUTHORITY TO IMPOSE HIGHER FEE.—Section
40117(b) is amended by adding at the end the following:
‘‘(4) Notwithstanding paragraph (1), the Secretary
may authorize under this section an eligible agency to im-
pose a passenger facility fee in whole dollar amounts of
more than $3 on each paying passenger of an air carrier
or foreign air carrier boarding an aircraft at an airport
the agency controls to finance an eligible airport-related
project, including making payments for debt service on in-
debtedness incurred to carry out the project, if the Secretary
finds—
‘‘(A) that the project will make a significant con-
tribution to improving air safety and security, in-
creasing competition among air carriers, reducing
current or anticipated congestion, or reducing the im-
pact of aviation noise on people living near the air-
port;
‘‘(B) that the project cannot be paid for from
funds reasonably expected to be available for the pro-
grams referred to in section 48103; and
‘‘(C) that the amount to be imposed is not more
than twice that which may be imposed under para-
graph (1).’’.
(b) LIMITATION ON APPROVAL OF CERTAIN APPLICA-
TIONS.—Section 40117(d) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) in the case of an application to impose a
fee of more than $3 for a surface transportation or
terminal project, the agency has made adequate provi-
sion for financing the airside needs of the airport, in-
cluding runways, taxiways, aprons, and aircraft
gates.’’.
(c) REDUCING APPORTIONMENTS.—Section 47114(f) is
amended—
(1) by striking ‘‘An amount’’ and inserting the
following:
‘‘(1) IN GENERAL.—An amount’’;
(2) by striking ‘‘an amount equal to’’ and all
that follows through the period at the end and insert-
ing the following: ‘‘an amount equal to—
‘‘(A) in the case of a fee of $3 or less, 50
percent of the projected revenues from the fee in
the fiscal year but not by more than 50 percent
of the amount that otherwise would be appor-
tioned under this section; and
‘‘(B) in the case of a fee of more than $3,
75 percent of the projected revenues from the fee
in the fiscal year but not by more than 75 per-
cent of the amount that otherwise would be ap-
portioned under this section.’’; and
(3) by adding at the end the following:
‘‘(2) EFFECTIVE DATE OF REDUCTION.—A reduc-
tion in an apportionment required by paragraph (1)
shall not take effect until the first fiscal year fol-
lowing the year in which the collection of the fee im-
posed under section 40117 is begun.’’.
SEC. 106. BUDGET SUBMISSION.
The Administrator shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a copy of the annual budget esti-
mates of the Federal Aviation Administration, including
line item justifications, at the same time the annual budget
estimates are submitted to the Committees on Appropria-
tions of the Senate and the House of Representatives.
Subtitle B—Airport Development
SEC. 121. RUNWAY INCURSION PREVENTION DEVICES;
EMERGENCY CALL BOXES.
(a) POLICY.—Section 47101(a)(11) is amended by in-
serting ‘‘(including integrated in-pavement lighting systems
for runways and taxiways and other runway and taxiway
incursion prevention devices)’’ after ‘‘technology’’.
(b) MAXIMUM USE OF SAFETY FACILITIES.—Section
47101(f) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(9); and
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) runway and taxiway incursion prevention
devices, including integrated in-pavement lighting
systems for runways and taxiways.’’.
(c) INCLUSION OF UNIVERSAL ACCESS SYSTEMS AND
EMERGENCY CALL BOXES AS AIRPORT DEVELOPMENT.—
Section 47102(3)(B) is amended—
(1) in clause (ii)—
(A) by striking ‘‘and universal access sys-
tems,’’ and inserting ‘‘, universal access systems,
and emergency call boxes,’’; and
(B) by inserting ‘‘and integrated in-pave-
ment lighting systems for runways and taxiways
and other runway and taxiway incursion pre-
vention devices’’ before the semicolon at the end;
and
(2) by inserting before the semicolon at the end
of clause (iii) the following: ‘‘, including closed circuit
weather surveillance equipment’’.
SEC. 122. WINDSHEAR DETECTION EQUIPMENT.
Section 47102(3)(B) is further amended—
(1) by striking ‘‘and’’ at the end of clause (v);
(2) by striking the period at the end of clause
(vi) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(vii) windshear detection equipment;
and’’.
SEC. 123. ENHANCED VISION TECHNOLOGIES.
(a) STUDY.—The Administrator shall conduct a study
of the feasibility of requiring United States airports to in-
stall enhanced vision technologies to replace or enhance con-
ventional landing light systems over the 10-year period fol-
lowing the date of completion of such study.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall transmit
to Congress a report on the results of the study conducted
under subsection (a), together with such recommendations
as the Administrator considers appropriate.
(c) INCLUSION OF INSTALLATION AS AIRPORT DEVEL-
OPMENT.—Section 47102 is amended—
(1) in paragraph (3)(B) (as amended by this
Act) by adding at the end the following:
‘‘(viii) enhanced vision technologies
that are certified by the Administrator of
the Federal Aviation Administration and
that are intended to replace or enhance con-
ventional landing light systems.’’; and
(2) by adding at the end the following:
‘‘(21) ENHANCED
VISION
TECHNOLOGIES.—The
term ‘enhanced vision technologies’ means laser guid-
ance, ultraviolet guidance, infrared, and cold cathode
technologies.’’.
(d) CERTIFICATION.—Not later than 180 days after the
date of enactment of this Act, the Administrator shall trans-
mit to Congress a schedule for deciding whether or not to
certify laser guidance equipment for use as approach light-
ing at United States airports and of cold cathode lighting
equipment for use as runway and taxiway lighting at
United States airports and as lighting at United States hel-
iports.
SEC. 124. PAVEMENT MAINTENANCE.
(a) REPEAL OF PILOT PROGRAM.—
(1) IN GENERAL.—Section 47132 is repealed.
(2) CONFORMING AMENDMENT.—The analysis for
chapter 471 is amended by striking the item relating
to section 47132.
(b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Section
47102(3) is amended by adding at the end the following:
‘‘(H) routine work to preserve and extend
the useful life of runways, taxiways, and aprons
at airports that are not primary airports, under
guidelines issued by the Administrator.’’.
SEC. 125. COMPETITION PLANS.
(a) IN GENERAL.—Section 47106 is amended by add-
ing at the end the following:
‘‘(f) COMPETITION PLANS.—
‘‘(1) PROHIBITION.—Beginning in fiscal year
2001, no passenger facility fee may be approved for
a covered airport under section 40117 and no grant
may be made under this subchapter for a covered air-
port unless the airport has submitted to the Secretary
a written competition plan in accordance with this
subsection.
‘‘(2) CONTENTS.—A competition plan under this
subsection shall include information on the avail-
ability of airport gates and related facilities, leasing
and sub-leasing arrangements, gate-use requirements,
patterns of air service, gate-assignment policy, finan-
cial constraints, airport controls over air- and
ground-side capacity, whether the airport intends to
build or acquire gates that would be used as common
facilities, and airfare levels (as compiled by the De-
partment of Transportation) compared to other large
airports.
‘‘(3) COVERED AIRPORT DEFINED.—In this sub-
section, the term ‘covered airport’ means a commer-
cial service airport—
‘‘(A) that has more than .25 percent of the
total number of passenger boardings each year at
all such airports; and
‘‘(B) at which 1 or 2 air carriers control
more 
than 
percent 
of 
the 
passenger
boardings.’’.
(b) CROSS REFERENCE.—Section 40117 is amended
by adding at the end the following:
‘‘(j) COMPETITION PLANS.—Beginning in fiscal year
2001, no eligible agency may impose a passenger facility
fee under this section with respect to a covered airport (as
such term is defined in section 47106(f)) unless the agency
has submitted to the Secretary a written competition plan
in accordance with such section. This subsection does not
apply to passenger facility fees in effect before the date of
enactment of this subsection.’’.
SEC. 126. MATCHING SHARE.
Section 47109(a) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) not more than 90 percent for a project fund-
ed by a grant issued to and administered by a State
under section 47128, relating to the State block grant
program;’’;
(3) by striking ‘‘and’’ at the end of paragraph
(3) (as so redesignated);
(4) by striking the period at the end of para-
graph (4) (as so redesignated) and inserting ‘‘; and’’;
and
(5) by adding at the end the following:
‘‘(5) 100 percent in fiscal year 2001 for any
project—
‘‘(A) at an airport other than a primary
airport; or
‘‘(B) at a primary airport having less than
.05 percent of the total number of passenger
boardings each year at all commercial service
airports.’’.
SEC. 127. LETTERS OF INTENT.
Section 47110(e) is amended—
(1) by striking paragraph (2)(C) and inserting
the following:
‘‘(C) that meets the criteria of section 47115(d)
and, if for a project at a commercial service airport
having at least 0.25 percent of the boardings each
year at all such airports, the Secretary decides will
enhance system-wide airport capacity significantly.’’;
and
(2) by striking paragraph (5) and inserting the
following:
‘‘(5) LETTERS OF INTENT.—The Secretary may not re-
quire an eligible agency to impose a passenger facility fee
under section 40117 in order to obtain a letter of intent
under this section.’’.
SEC. 128. GRANTS FROM SMALL AIRPORT FUND.
(a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR-
PORT
OPERATING
CERTIFICATES.—Section 
47116 
is
amended by adding at the end the following:
‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR-
PORT OPERATING CERTIFICATES.—In the first fiscal year
beginning after the effective date of regulations issued to
carry out section 44706(b) with respect to airports described
in section 44706(a)(2), and in each of the next 4 fiscal
years, the lesser of $15,000,000 or 20 percent of the amounts
that would otherwise be distributed to sponsors of airports
under subsection (b)(2) shall be used to assist the airports
in meeting the terms established by the regulations. If the
Secretary publishes in the Federal Register a finding that
all the terms established by the regulations have been met,
this subsection shall cease to be effective as of the date of
such publication.’’.
(b) NOTIFICATION OF SOURCE OF GRANT.—Section
47116 is further amended by adding at the end the fol-
lowing:
‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever
the Secretary makes a grant under this section, the Sec-
retary shall notify the recipient of the grant, in writing,
that the source of the grant is from the small airport fund.’’.
(c) TECHNICAL AMENDMENTS.—Section 47116(d) is
amended—
(1) by striking ‘‘In making’’ and inserting the
following:
‘‘(1) CONSTRUCTION
OF
NEW
RUNWAYS.—In
making’’;
(2) by adding at the end the following:
‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE POW-
ERED AIRCRAFT.—In making grants to sponsors de-
scribed in subsection (b)(1), the Secretary shall give
priority consideration to airport development projects
to support operations by turbine powered aircraft, if
the non-Federal share of the project is at least 40 per-
cent.’’; and
(3) by aligning the remainder of paragraph (1)
(as designated by paragraph (1) of this subsection)
with paragraph (2) (as added by paragraph (2) of
this subsection).
SEC. 129. DISCRETIONARY USE OF UNUSED APPORTION-
MENTS.
Section 47117(f) (as redesignated by section 104(j) of
this Act) is amended to read as follows:
‘‘(f) DISCRETIONARY USE OF APPORTIONMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), if
the Secretary finds that all or part of an amount of
an apportionment under section 47114 is not re-
quired during a fiscal year to fund a grant for which
the apportionment may be used, the Secretary may
use during such fiscal year the amount not so re-
quired to make grants for any purpose for which
grants may be made under section 48103. The finding
may be based on the notifications that the Secretary
receives under section 47105(f) or on other informa-
tion received from airport sponsors.
‘‘(2) RESTORATION OF APPORTIONMENTS.—
‘‘(A) IN GENERAL.—If the fiscal year for
which a finding is made under paragraph (1)
with respect to an apportionment is not the last
fiscal year of availability of the apportionment
under subsection (b), the Secretary shall restore
to the apportionment an amount equal to the
amount of the apportionment used under para-
graph (1) for a discretionary grant whenever a
sufficient amount is made available under sec-
tion 48103.
‘‘(B) PERIOD OF AVAILABILITY.—If restora-
tion under this paragraph is made in the fiscal
year for which the finding is made or the suc-
ceeding fiscal year, the amount restored shall be
subject to the original period of availability of
the apportionment under subsection (b). If the
restoration is made thereafter, the amount re-
stored shall remain available in accordance with
subsection (b) for the original period of avail-
ability of the apportionment, plus the number of
fiscal years during which a sufficient amount
was not available for the restoration.
‘‘(3) NEWLY AVAILABLE AMOUNTS.—
‘‘(A) RESTORED AMOUNTS TO BE UNAVAIL-
ABLE
FOR
DISCRETIONARY
GRANTS.—Of an
amount newly available under section 48103 of
this title, an amount equal to the amounts re-
stored under paragraph (2) shall not be available
for discretionary grant obligations under section
47115.
‘‘(B) USE OF REMAINING AMOUNTS.—Sub-
paragraph (A) does not impair the Secretary’s
authority under paragraph (1), after a restora-
tion under paragraph (2), to apply all or part
of a restored amount that is not required to fund
a grant under an apportionment to fund discre-
tionary grants.
‘‘(4) LIMITATIONS
ON
OBLIGATIONS
APPLY.—
Nothing in this subsection shall be construed to au-
thorize the Secretary to incur grant obligations under
section 47104 for a fiscal year in an amount greater
than the amount made available under section 48103
for such obligations for such fiscal year.’’.
SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY
AIRPORTS.
(a) IN GENERAL.—Section 47118 is amended—
(1) in subsection (a) by striking ‘‘12’’ and in-
serting ‘‘12 for fiscal year 2000 and 20 for each fiscal
year thereafter’’;
(2) by striking subsection (c) and redesignating
subsections (d) through (f) as subsections (c) through
(e), respectively;
(3) in subsection (c) (as so redesignated)—
(A) by striking ‘‘47117(e)(1)(E)’’ and in-
serting ‘‘47117(e)(1)(B)’’;
(B) by striking ‘‘5-fiscal-year periods’’ and
inserting ‘‘periods, each not to exceed 5 fiscal
years,’’; and
(C) by striking ‘‘each such subsequent 5-fis-
cal-year period’’ and inserting ‘‘each such subse-
quent period’’; and
(4) by adding at the end the following:
‘‘(f) DESIGNATION OF GENERAL AVIATION AIRPORT.—
Notwithstanding any other provision of this section, at least
3 of the airports designated under subsection (a) shall be
general aviation airports that were former military instal-
lations closed or realigned under a section referred to in
subsection (a)(1).’’.
(b) 
TERMINAL
BUILDING
FACILITIES.—Section
47118(d) (as redesignated by subsection (a)(2) of this sec-
tion) is amended by striking ‘‘$5,000,000’’ and inserting
‘‘$7,000,000’’.
(c) ELIGIBILITY OF AIR CARGO TERMINALS.—Section
47118(e) (as redesignated by subsection (a)(2) of this sec-
tion) is amended—
(1) in subsection heading by striking ‘‘AND
HANGARS’’ and inserting ‘‘HANGARS, AND AIR CARGO
TERMINALS’’;
(2) by striking ‘‘$4,000,000’’ and inserting
‘‘$7,000,000’’; and
(3) by inserting after ‘‘hangars’’ the following:
‘‘and air cargo terminals of an area that is 50,000
square feet or less’’.
SEC. 131. CONTRACT TOWER COST-SHARING.
Section 47124(b) is amended by adding at the end the
following:
‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER
PILOT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish a pilot program to contract for air traffic
control services at Level I air traffic control tow-
ers, as defined by the Administrator of the Fed-
eral Aviation Administration, that do not qual-
ify for the Contract Tower program established
under subsection (a) and continued under para-
graph (1) (hereafter in this paragraph referred
to as the ‘Contract Tower Program’).
‘‘(B) PROGRAM COMPONENTS.—In carrying
out the pilot program established under subpara-
graph (A), the Administrator shall—
‘‘(i) utilize for purposes of cost-benefit
analyses, current, actual, site-specific data,
forecast estimates, or airport master plan
data provided by a facility owner or oper-
ator and verified by the Administrator;
‘‘(ii) approve for participation only fa-
cilities willing to fund a pro rata share of
the operating costs of the air traffic control
tower to achieve a 1 to 1 benefit-to-cost
ratio, as required for eligibility under the
Contract Tower Program; and
‘‘(iii) approve for participation no
more than 2 facilities willing to fund up to
50 percent, but not less than 25 percent, of
construction costs for an air traffic control
tower built by the airport operator and for
each of such facilities the Federal share of
construction cost does not exceed $1,100,000.
‘‘(C) PRIORITY.—In selecting facilities to
participate in the program under this para-
graph, the Administrator shall give priority to
the following:
‘‘(i) Air traffic control towers that are
participating in the Contract Tower Pro-
gram but have been notified that they will
be terminated from such program because
the Administration has determined that the
benefit-to-cost ratio for their continuation
in such program is less than 1.0.
‘‘(ii) Air traffic control towers that the
Administrator determines have a benefit-to-
cost ratio of at least .85.
‘‘(iii) Air traffic control towers of the
Federal Aviation Administration that are
closed as a result of the air traffic control-
lers strike in 1981.
‘‘(iv) Air traffic control towers that are
located at airports or points at which an
air carrier is receiving compensation under
the essential air service program under this
chapter.
‘‘(v) Air traffic control towers located
at airports that are prepared to assume
partial responsibility for maintenance costs.
‘‘(vi) Air traffic control towers that are
located at airports with safety or oper-
ational problems related to topography,
weather, runway configuration, or mix of
aircraft.
‘‘(D) COSTS EXCEEDING BENEFITS.—If the
costs of operating an air traffic tower under the
pilot program established under this paragraph
exceed the benefits, the airport sponsor or State
or local government having jurisdiction over the
airport shall pay the portion of the costs that ex-
ceed such benefit.
‘‘(E) FUNDING.—Of the amounts appro-
priated pursuant to section 106(k), not to exceed
$6,000,000 per fiscal year may be used to carry
out this paragraph.’’.
SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) IN GENERAL.—Subchapter I of chapter 471 is
amended by adding at the end the following:
‘‘§ 47135. Innovative financing techniques
‘‘(a) IN GENERAL.—The Secretary of Transportation
may approve applications for not more than 25 airport de-
velopment projects for which grants received under this sub-
chapter may be used for innovative financing techniques.
Such projects shall be located at airports that each year
have less than .25 percent of the total number of passenger
boardings each year at all commercial service airports.
‘‘(b) PURPOSE.—The purpose of grants made under
this section shall be to provide information on the benefits
and difficulties of using innovative financing techniques for
airport development projects.
‘‘(c) LIMITATIONS.—
‘‘(1) NO GUARANTEES.—In no case shall the im-
plementation of an innovative financing technique
under this section be used in a manner giving rise to
a direct or indirect guarantee of any airport debt in-
strument by the United States Government.
‘‘(2) TYPES OF TECHNIQUES.—In this section,
innovative financing techniques are limited to—
‘‘(A) payment of interest;
‘‘(B) commercial bond insurance and other
credit enhancement associated with airport
bonds for eligible airport development; and
‘‘(C) flexible non-Federal matching require-
ments.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 471 is amended by adding at the end
the following:
‘‘47135. Innovative financing techniques.’’.
SEC. 133. AVIATION SECURITY PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 471 is fur-
ther amended by adding the following new section:
‘‘§ 47136. Aviation security program
‘‘(a) GENERAL AUTHORITY.—To improve security at
public airports in the United States, the Secretary of
Transportation shall carry out not less than one project to
test and evaluate innovative aviation security systems and
related technology.
‘‘(b) PRIORITY.—In carrying out this section, the Sec-
retary shall give the highest priority to a request from an
eligible sponsor for a grant to undertake a project that—
‘‘(1) evaluates and tests the benefits of innovative
aviation security systems or related technology, in-
cluding explosives detection systems, for the purpose
of improving aviation security, including aircraft
physical security, access control, and passenger and
baggage screening; and
‘‘(2) provides testing and evaluation of airport
security systems and technology in an operational,
test bed environment.
‘‘(c) MATCHING
SHARE.—Notwithstanding section
47109, the United States Government’s share of allowable
project costs for a project under this section shall be 100
percent.
‘‘(d) TERMS AND CONDITIONS.—The Secretary may es-
tablish such terms and conditions as the Secretary deter-
mines appropriate for carrying out a project under this sec-
tion, including terms and conditions relating to the form
and content of a proposal for a project, project assurances,
and schedule of payments.
‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this section,
the term ‘eligible sponsor’ means a nonprofit corporation
composed of a consortium of public and private persons,
including a sponsor of a primary airport, with the nec-
essary engineering and technical expertise to successfully
conduct the testing and evaluation of airport and aircraft
related security systems.
‘‘(f) AUTHORIZATION
OF APPROPRIATIONS.—Of the
amounts made available to the Secretary under section
47115 in a fiscal year, the Secretary shall make available
not less than $5,000,000 for the purpose of carrying out
this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 471 is further amended by adding at
the end the following:
‘‘47136. Aviation security program.’’.
SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE
PILOT PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 471 is fur-
ther amended by adding at the end the following:
‘‘§ 47137. Inherently low-emission airport vehicle pilot
program
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall carry out a pilot program at not more than 10 public-
use airports under which the sponsors of such airports may
use funds made available under section 48103 for use at
such airports to carry out inherently low-emission vehicle
activities. Notwithstanding any other provision of this sub-
chapter, inherently low-emission vehicle activities shall for
purposes of the pilot program be treated as eligible for as-
sistance under this subchapter.
‘‘(b) LOCATION
IN AIR QUALITY NONATTAINMENT
AREAS.—A public-use airport shall be eligible for partici-
pation in the pilot program only if the airport is located
in an air quality nonattainment area (as defined in section
171(2) of the Clean Air Act (42 U.S.C. 7501(d)).
‘‘(c) SELECTION CRITERIA.—In selecting from among
applicants for participation in the pilot program, the Sec-
retary shall give priority consideration to applicants that
will achieve the greatest air quality benefits measured by
the amount of emissions reduced per dollar of funds ex-
pended under the pilot program.
‘‘(d) UNITED STATES GOVERNMENT’S SHARE.—Not-
withstanding any other provision of this subchapter, the
United States Government’s share of the costs of a project
carried out under the pilot program shall be 50 percent.
‘‘(e) MAXIMUM AMOUNT.—Not more than $2,000,000
may be expended under the pilot program at any single
public-use airport.
‘‘(f) REPORT
TO CONGRESS.—Not later than 18
months after the date of enactment of this section, the Sec-
retary shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report containing an evaluation of the effec-
tiveness of the pilot program.
‘‘(g) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY
DEFINED.—In this section, the term ‘inherently low-emis-
sion vehicle activity’ means—
‘‘(1) the construction of infrastructure facilities
necessary for the use of vehicles that are certified as
inherently low-emission vehicles under title 40 of the
Code of Federal Regulations, that are labeled in ac-
cordance with section 88.312–93(c) of such title, and
that are located or primarily used at public-use air-
ports;
‘‘(2) the payment of that portion of the cost of
acquiring such vehicles that exceeds the cost of acquir-
ing other vehicles that would be used for the same
purpose; or
‘‘(3) the acquisition of technological equipment
necessary for the use of vehicles described in para-
graph (1).’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 471 is further amended by adding at
the end the following:
‘‘47137. Inherently low-emission airport vehicle pilot program.’’.
SEC. 135. TECHNICAL AMENDMENTS.
(a) CONTINUATION OF PROJECT FUNDING.—Section
47108 is amended by adding at the end the following:
‘‘(e) CHANGE IN AIRPORT STATUS.—In the event that
the status of a primary airport changes to a nonprimary
airport at a time when a terminal development project
under a multiyear agreement under subsection (a) is not
yet completed, the project shall remain eligible for funding
from discretionary funds under section 47115 at the fund-
ing level and under the terms provided by the agreement,
subject to the availability of funds.’’.
(b) PASSENGER FACILITY FEE WAIVER FOR CERTAIN
CLASS OF CARRIERS OR FOR SERVICE TO AIRPORTS IN ISO-
LATED COMMUNITIES.—Section 40117(i) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) may permit a public agency to request that
collection of a passenger facility fee be waived for—
‘‘(A) passengers enplaned by any class of
air carrier or foreign air carrier if the number
of passengers enplaned by the carrier in the class
constitutes not more than 1 percent of the total
number of passengers enplaned annually at the
airport at which the fee is imposed; or
‘‘(B) passengers traveling to an airport—
‘‘(i) that has fewer than 2,500 pas-
senger boardings each year and receives
scheduled passenger service; and
‘‘(ii) in a community which has a pop-
ulation of less than 10,000 and is not con-
nected by a land highway to the land-con-
nected National Highway System within a
State.’’.
SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUB-
LIC AIRPORTS.
(a) PROJECT GRANT ASSURANCES.—Section 47107(h)
is amended by inserting ‘‘(including an assurance with re-
spect to disposal of land by an airport owner or operator
under subsection (c)(2)(B) without regard to whether or not
the assurance or grant was made before December 29,
1987)’’ after ‘‘1987’’.
(b) CONVEYANCES OF UNITED STATES GOVERNMENT
LAND.—Section 47125(a) is amended by adding at the end
the following: ‘‘The Secretary may only release an option
of the United States for a reversionary interest under this
subsection after providing notice and an opportunity for
public comment. The Secretary shall publish in the Federal
Register any decision of the Secretary to release a rever-
sionary interest and the reasons for the decision.’’.
(c) REQUESTS BY PUBLIC AGENCIES.—Section 47151
is amended by adding at the end the following:
‘‘(d) REQUESTS BY PUBLIC AGENCIES.—Except with
respect to a request made by another department, agency,
or instrumentality of the executive branch of the United
States Government, such a department, agency, or instru-
mentality shall give priority consideration to a request
made by a public agency (as defined in section 47102) for
surplus property described in subsection (a) for use at a
public airport.’’.
(d) NOTICE AND PUBLIC COMMENT; PUBLICATION OF
DECISIONS.—Section 47153(a) is amended—
(1) in paragraph (1) by inserting ‘‘, after pro-
viding notice and an opportunity for public com-
ment,’’ after ‘‘if the Secretary decides’’; and
(2) by adding at the end the following:
‘‘(3) PUBLICATION
OF
DECISIONS.—The Sec-
retary shall publish in the Federal Register any deci-
sion to waive a term under paragraph (1) and the
reasons for the decision.’’.
(e) CONSIDERATIONS.—Section 47153 is amended by
adding at the end the following:
‘‘(c) CONSIDERATIONS.—In deciding whether to waive
a term required by section 47152 or add another term, the
Secretary shall consider the current and future needs of the
users of the airport.’’.
(f) 
REFERENCES
TO
GIFTS.—Chapter 
471 
is
amended—
(1) in section 47151—
(A) in subsection (a)—
(i) in the matter preceding paragraph
(1) by striking ‘‘give’’ and inserting ‘‘con-
vey to’’; and
(ii) in paragraph (2) by striking ‘‘gift’’
and inserting ‘‘conveyance’’;
(B) in subsection (b)—
(i) by striking ‘‘giving’’ and inserting
‘‘conveying’’; and
(ii) by striking ‘‘gift’’ and inserting
‘‘conveyance’’; and
(C) in subsection (c)—
(i) in the subsection heading by strik-
ing ‘‘GIVEN’’ and inserting ‘‘CONVEYED’’;
and
(ii) by striking ‘‘given’’ and inserting
‘‘conveyed’’;
(2) in section 47152—
(A) in the section heading by striking
‘‘gifts’’ and inserting ‘‘conveyances’’; and
(B) in the matter preceding paragraph (1)
by striking ‘‘gift’’ and inserting ‘‘conveyance’’;
(3) in section 47153(a)(1)—
(A) by striking ‘‘gift’’ each place it appears
and inserting ‘‘conveyance’’; and
(B) by striking ‘‘given’’ and inserting ‘‘con-
veyed’’; and
(4) in the analysis for such chapter by striking
the item relating to section 47152 and inserting the
following:
‘‘47152. Terms of conveyances.’’.
Subtitle C—Miscellaneous
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-
RELATED PROJECTS.
Section 40117(a)(3)(E) is amended—
(1) by striking ‘‘and’’ and inserting a comma;
and
(2) by striking the period at the end and insert-
ing the following: ‘‘(including structural foundations
and floor systems, exterior building walls and load-
bearing interior columns or walls, windows, door and
roof systems, and building utilities (including heat-
ing, air conditioning, ventilation, plumbing, and elec-
trical service)), and aircraft fueling facilities adjacent
to the gate.’’.
SEC. 152. TERMINAL DEVELOPMENT COSTS.
(a) 
WITH
RESPECT
TO
PASSENGER
FACILITY
CHARGES.—Section 40117(a)(3) is further amended—
(1) by redesignating subparagraphs (C), (D),
and (E) as subparagraphs (D), (E), and (F), respec-
tively; and
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) for costs of terminal development re-
ferred to in subparagraph (B) incurred after Au-
gust 1, 1986, at an airport that did not have
more than .25 percent of the total annual pas-
senger boardings in the United States in the
most recent calendar year for which data is
available and at which total passenger boardings
declined by at least 16 percent between calendar
year 1989 and calendar year 1997;’’.
(b) REPAYING BORROWED MONEY.—Section 47119(a)
is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘0.05’’ and inserting
‘‘0.25’’; and
(B) by striking ‘‘between January 1, 1992,
and October 31, 1992,’’ and inserting ‘‘between
August 1, 1986, and September 30, 1990, or be-
tween June 1, 1991, and October 31, 1992,’’; and
(2) in paragraph (1)(B) by striking ‘‘an airport
development project outside the terminal area at that
airport’’ and inserting ‘‘any needed airport develop-
ment project affecting safety, security, or capacity’’.
(c) NONHUB AIRPORTS.—Section 47119(c) is amended
by striking ‘‘0.05’’ and inserting ‘‘0.25’’.
(d) NONPRIMARY COMMERCIAL SERVICE AIRPORTS.—
Section 47119 is amended by adding at the end the fol-
lowing:
‘‘(d) DETERMINATION OF PASSENGER BOARDING AT
COMMERCIAL SERVICE AIRPORT.—For the purpose of deter-
mining whether an amount may be distributed for a fiscal
year from the discretionary fund in accordance with sub-
section (b)(2)(A) to a commercial service airport, the Sec-
retary shall make the determination of whether or not a
public airport is a commercial service airport on the basis
of the number of passenger boardings and type of air service
at the public airport in the calendar year that includes the
first day of such fiscal year or the preceding calendar year,
whichever is more beneficial to the airport.’’.
SEC. 153. GENERAL FACILITIES AUTHORITY.
(a) CONTINUATION OF ILS INVENTORY PROGRAM.—
Section 44502(a)(4)(B) is amended—
(1) by striking ‘‘each of fiscal years 1995 and
1996’’ and inserting ‘‘each of fiscal years 1999
through 2004’’; and
(2) by inserting ‘‘under new or existing con-
tracts’’ after ‘‘including acquisition’’.
(b) 
LORAN-C 
NAVIGATION
FACILITIES.—Section
44502(a) is amended by adding at the end the following:
‘‘(5) MAINTENANCE AND UPGRADE OF LORAN-C
NAVIGATION FACILITIES.—The Secretary shall main-
tain and upgrade Loran-C navigation facilities
throughout the transition period to satellite-based
navigation.’’.
SEC. 154. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR
CARRIERS.
Section 44706 is amended by adding at the end the
following:
‘‘(g) INCLUDED CHARTER AIR TRANSPORTATION.—
For the purposes of subsection (a)(2), a scheduled passenger
operation includes charter air transportation for which the
general public is provided in advance a schedule containing
the departure location, departure time, and arrival location
of the flights.
‘‘(h) AUTHORITY TO PRECLUDE SCHEDULED PAS-
SENGER OPERATIONS.—The Administrator shall permit an
airport that will be subject to certification under subsection
(a)(2) to preclude scheduled passenger operations (including
public charter operations described in subsection (g)) at the
airport if the airport notifies the Administrator, in writing,
that it does not intend to obtain an airport operating cer-
tificate.’’.
SEC. 155. CONSTRUCTION OF RUNWAYS.
Notwithstanding any provision of law that specifically
restricts the number of runways at a single international
airport, the Secretary of Transportation may obligate funds
made available under chapters 471 and 481 of title 49,
United States Code, for any project to construct a new run-
way at such airport, unless this section is expressly re-
pealed.
SEC. 156. USE OF RECYCLED MATERIALS.
(a) STUDY.—The Administrator shall conduct a study
of the use of recycled materials (including recycled pave-
ments, waste materials, and byproducts) in pavement used
for runways, taxiways, and aprons and the specification
standards in tests necessary for the use of recycled materials
in such pavement. The primary focus of the study shall be
on the long term physical performance, safety implications,
and environmental benefits of using recycled materials in
aviation pavement.
(b) CONTRACTING.—The Administrator may carry out
the study under this section by entering into a contract with
a university of higher education with expertise necessary
to carry out the study.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted
under this section together with recommendations con-
cerning the use of recycled materials in aviation pavement.
(d) FUNDING.—Of the amounts appropriated pursuant
to section 106(k), not to exceed $1,500,000 in the aggregate
may be used to carry out this section.
TITLE II—AIRLINE SERVICE
IMPROVEMENTS
Subtitle A—Service to Airports Not
Receiving Sufficient Service
SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.
(a) REPEAL
OF SLOT RULE
FOR CERTAIN AIR-
PORTS.—Effective March 1, 2000, the requirements of sub-
parts K and S of part 93 of title 14, Code of Federal Regu-
lations, are of no force and effect at an airport other than
Ronald Reagan Washington National Airport. The Sec-
retary of Transportation is authorized to undertake appro-
priate actions to effectuate an orderly termination of these
requirements.
(b) SLOT EXEMPTIONS FOR SERVICE TO REAGAN NA-
TIONAL AIRPORT.—Section 41714 is amended by striking
subsections (e) and (f) and inserting the following:
‘‘(e) SLOTS FOR AIRPORTS NOT RECEIVING SUFFI-
CIENT SERVICE.—
‘‘(1) 
EXEMPTIONS.—Notwithstanding 
chapter
491, the Secretary may by order grant exemptions
from the requirements under subparts K and S of
part 93 of title 14, Code of Federal Regulations (per-
taining to slots at high density airports), to enable
air carriers to provide nonstop air transportation
using jet aircraft that comply with the stage 3 noise
levels of part 36 of such title 14 between Ronald
Reagan Washington National Airport and an airport
that had less than 2,000,000 enplanements in the
most recent year for which such enplanement data is
available or between Ronald Reagan Washington Na-
tional Airport and an airport that does not have non-
stop transportation to Ronald Reagan Washington
National Airport using such aircraft on the date on
which the application for an exemption is filed.
‘‘(2) LIMITATIONS.—
‘‘(A) MAXIMUM NUMBER OF EXEMPTIONS.—
No more than 2 exemptions per hour and no
more than 6 exemptions per day may be granted
under this subsection for slots at Ronald Reagan
Washington National Airport.
‘‘(B) MAXIMUM DISTANCE OF FLIGHTS.—An
exemption may be granted under this subsection
for a slot at Ronald Reagan Washington Na-
tional Airport only if the flight utilizing such
slot begins or ends within 1,250 miles of the Air-
port and a stage 3 aircraft is used for such
flight.
‘‘(3) APPLICATION.—An air carrier interested in
an exemption under this subsection shall submit to
the Secretary an application for such exemption. No
application may be submitted to the Secretary before
the last day of the 30-day period beginning on the
date of the enactment of this paragraph.
‘‘(4) 
DEADLINE
FOR
DECISION.—Notwith-
standing any other provision of law, the Secretary
shall make a decision with regard to granting an ex-
emption under this subsection on or before the 120th
day following the date of the application for the ex-
emption. If the Secretary does not make the decision
on or before such 120th day, the air carrier applying
for the service may provide such service until the Sec-
retary makes the decision or the Administrator of the
Federal Aviation Administration determines that pro-
viding such service would have an adverse effect on
air safety.
‘‘(5) PERIOD
OF
EFFECTIVENESS.—An exemp-
tion granted under this subsection shall remain in ef-
fect only while the air carrier for whom the exemption
is granted continues to provide the nonstop air trans-
portation for which the exemption is granted.
‘‘(f) TREATMENT OF CERTAIN COMMUTER AIR CAR-
RIERS.—The Secretary shall treat all commuter air carriers
that have cooperative agreements, including code share
agreements with other air carriers, equally for determining
eligibility for exemptions under this section regardless of
the form of the corporate relationship between the commuter
air carrier and the other air carrier.’’.
(c) CONFORMING AMENDMENTS.—Effective March 1,
2000, section 41714 (as amended by subsection (b) of this
section) is amended—
(1) by striking subsections (a), (b), (c), (g), and
(i);
(2) by redesignating subsections (d), (e), (f), and
(h) as subsections (a), (b), (c), and (d), respectively;
(3) in the heading for subsection (a) (as so redes-
ignated) by striking ‘‘SPECIAL RULES FOR’’; and
(4) by striking subsection (c) (as so redesignated)
and inserting the following:
‘‘(c) SLOT DEFINED.—The term ‘slot’ means a reserva-
tion for an instrument flight rule takeoff or landing by an
air carrier or an aircraft in air transportation.’’.
SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIR-
PORTS NOT RECEIVING SUFFICIENT SERVICE.
(a) IN GENERAL.—Section 41742(a) is amended by
striking ‘‘$50,000,000’’ and inserting ‘‘$60,000,000’’.
(b) FUNDING FOR SMALL COMMUNITY AIR SERVICE.—
Section 41742(b) of title 49, United States Code, is amended
to read as follows:
‘‘(b) FUNDING FOR SMALL COMMUNITY AIR SERV-
ICE.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, from moneys credited to the account
established under section 45303(a), including the
funds derived from fees imposed under the authority
contained in section 45301(a)—
‘‘(A) not to exceed $50,000,000 for each fis-
cal year beginning after September 30, 1999,
shall be used to carry out the small community
air service program under this subchapter; and
‘‘(B) not to exceed $10,000,000 for such fis-
cal year shall be used—
‘‘(i) for assisting an air carrier to sub-
sidize service to and from an underserved
airport for a period not to exceed 3 years;
‘‘(ii) for assisting an underserved air-
port to obtain jet aircraft service (and to
promote passenger use of that service) to
and from the underserved airport; and
‘‘(iii) for assisting an underserved air-
port to implement such other measures as
the Secretary of Transportation, in con-
sultation with such airport, considers ap-
propriate to improve air service both in
terms of the cost of such service to con-
sumers and the availability of such service,
including improving air service through
marketing and promotion of air service and
enhanced utilization of airport facilities.
‘‘(2) RURAL AIR SAFETY.—Any funds that are
made available by paragraph (1) for a fiscal year
and that the Secretary determines will not be obli-
gated or expended before the last day of such fiscal
year shall be available to the Administrator for use
under this subchapter in improving rural air safety
at airports with less than 100,000 annual boardings.
‘‘(3) ALLOCATION OF ADDITIONAL FUNDING.—If,
for a fiscal year beginning after September 30, 1999,
more than $60,000,000 is made available under sub-
section (a) to carry out the small community air serv-
ice program, 
1⁄2
of the amounts in excess of
$60,000,000 shall be used for the purposes specified in
paragraph (1)(B), in addition to amounts made
available for such purposes under paragraph (1)(B).
‘‘(4) USE
OF
UNOBLIGATED
AMOUNTS.—Any
funds made available under paragraph (1)(A) for the
small community air service program for a fiscal
year that the Secretary determines will not be obli-
gated or expended before the last day of such fiscal
year shall be available for use by the Secretary for the
purposes described in paragraph (1)(B).
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In
addition to amounts made available under paragraph
(1), of the amounts appropriated pursuant to section
106(k) for a fiscal year beginning after September 30,
2000, not to exceed $15,000,000 may be used—
‘‘(A) to provide assistance to an air carrier
to subsidize service to and from an underserved
airport for a period not to exceed 3 years;
‘‘(B) to provide assistance to an under-
served airport to obtain jet aircraft service (and
to promote passenger use of that service) to and
from the underserved airport; and
‘‘(C) to provide assistance to an underserved
airport to implement such other measures as the
Secretary, in consultation with such airport,
considers 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 utiliza-
tion of airport facilities.
‘‘(6) PRIORITY
CRITERIA
FOR
ASSISTING
AIR-
PORTS NOT RECEIVING SUFFICIENT SERVICE.—In pro-
viding assistance to airports under paragraphs (1)(B)
and (5), the Administrator shall give priority to those
airports for which a community will provide, from
local sources (other than airport revenues), a portion
of the cost of the activity to be assisted.
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) UNDERSERVED
AIRPORT.—The term
‘underserved airport’ means a nonhub airport or
small hub airport (as such terms are defined in
section 41731) that—
‘‘(i) the Secretary determines is not re-
ceiving sufficient air carrier service; or
‘‘(ii) has unreasonably high airfares.
‘‘(B) UNREASONABLY HIGH AIRFARE.—The
term ‘unreasonably high airfare’, as used with
respect to an airport, means that the airfare list-
ed in the table entitled ‘Top 1,000 City-Pair
Market Summarized 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.’’.
(c) CONFORMING
AMENDMENTS.—Chapter 417 is
amended—
(1) in the heading for section 41742 by striking
‘‘Essential’’ and inserting ‘‘Small commu-
nity’’;
(2) in each of subsections (a), (b), and (c) of sec-
tion 41742 by striking ‘‘essential air’’ each place it
appears and inserting ‘‘small community air’’; and
(3) in the analysis for such chapter by striking
the item relating to section 41742 and inserting the
following:
‘‘41742. Small community air service authorization.’’.
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 assist-
ance 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 air-
port (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 adding
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 transport
aircraft, including spare parts normally associated
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 receipts 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 ‘com-
muter air carrier’ means an air carrier that pri-
marily operates aircraft designed to have a maximum
passenger seating capacity of 75 or less in accordance
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 ‘finan-
cial obligation’ means any note, bond, debenture, or
other debt obligation issued by an obligor in connec-
tion with the financing of an aircraft purchase, other
than a Federal credit instrument.
‘‘(7) LENDER.—The term ‘lender’ means any
non-Federal qualified institutional buyer (as defined
by section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation) known as
Rule 144A(a) of the Security and Exchange Commis-
sion and issued under the Security Act of 1933 (15
U.S.C. 77a et seq.)), including—
‘‘(A) a qualified retirement plan (as defined
in section 4974(c) of the Internal Revenue Code
of 1986) that is a qualified institutional buyer;
and
‘‘(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
‘‘(8) LINE OF CREDIT.—The term ‘line of credit’
means an agreement entered into by the Secretary
with an obligor under section 41763(d) to provide a
direct loan at a future date upon the occurrence of
certain events.
‘‘(9) LOAN GUARANTEE.—The term ‘loan guar-
antee’ means any guarantee or other pledge by the
Secretary under section 41763(c) to pay all or part
of any of the principal of and interest on a loan or
other debt obligation issued by an obligor and funded
by a lender.
‘‘(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 air-
port’ 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 instru-
mentality.
‘‘(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 con-
nection 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
1 or more obligors to make available Federal credit instru-
ments, 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, warranties,
and requirements (including requirements for
audits) as the Secretary determines appropriate.
‘‘(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 pur-
chased; or
‘‘(ii) that, when added to the remain-
ing balance on any other Federal credit in-
struments made under this subchapter, pro-
vides 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 determined
appropriate by the Secretary.
‘‘(E) FEES.—The Secretary may establish
fees at a level sufficient 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 ac-
count to be used by the Secretary for the purpose
of administering the program established under
this subchapter and shall be available upon de-
posit 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 re-
payments of principal and interest on a secured
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 sat-
isfying 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 aircraft
purchase shall be made in such form and on such
terms and conditions and contain such covenants,
representatives, warranties, and requirements (includ-
ing requirements for audits) as the Secretary deter-
mines 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 combina-
tion;
‘‘(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 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 requirements
of this subsection, the Secretary may enter into agree-
ments to make available lines of credit to 1 or more
obligors in the form of direct loans to be made by the
Secretary at future dates on the occurrence 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, warran-
ties, and requirements (including requirements
for audits) as the Secretary determines appro-
priate.
‘‘(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 GOVERN-
MENT.—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 1 or more lenders
or to a trustee on the lender’s behalf.
‘‘(F) SUBORDINATION.—A direct loan under
this subsection may be subordinate to claims of
other holders of obligations in the event of bank-
ruptcy, insolvency, or liquidation of the obligor
as determined appropriate by the Secretary.
‘‘(G) FEES.—The Secretary may establish
fees at a level sufficient 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 pur-
pose of administering the program established
under this subchapter 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 re-
payments 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 in-
terest, 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 de-
termine an appropriate capital reserve subsidy amount for
the Federal credit instrument based on such credit evalua-
tions as the Secretary deems necessary.
‘‘(f) CONDITIONS.—Subject to subsection (h), the Sec-
retary may only make a Federal credit instrument avail-
able 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 needed
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 provide serv-
ice 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 ac-
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 January
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 commuter
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 underserved
market for which the aircraft is purchased for a period of
not less than 36 consecutive months after the date that air-
craft 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 ad-
vice and services as the Secretary may require in carrying
out this subchapter, the Secretary may use available serv-
ices and facilities of other agencies and instrumentalities
of the United States Government—
‘‘(1) with the consent of the appropriate Federal
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 manner
as to assist in carrying out the policy specified in section
41761.
‘‘(c) OVERSIGHT.—The Secretary shall make available
to the Comptroller General of the United States such infor-
mation with respect to any Federal credit instrument made
under this subchapter as the Comptroller General may re-
quire to carry out the duties of the Comptroller General
under chapter 7 of title 31.
‘‘§ 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 Federal
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 subchapter, in-
cluding administrative expenses.
‘‘§ 41767. Termination
‘‘(a) AUTHORITY TO ISSUE FEDERAL CREDIT INSTRU-
MENTS.—The authority of the Secretary of Transportation
to issue Federal credit instruments under section 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 obliga-
tions associated with such instruments have been satisfied.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 417 is amended by adding at the end the following:
‘‘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 prop-
erty assets making up facilities, equipment, and
systems employed to detect, track, and guide air-
craft movement;
‘‘(B) laws, regulations, orders, directives,
agreements, and licenses;
‘‘(C) published procedures that explain re-
quired actions, activities, and techniques used to
ensure adequate aircraft separation; and
‘‘(D) trained personnel with specific tech-
nical capabilities to satisfy the operational, engi-
neering, management, and planning require-
ments for air traffic control.’’.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Chapter 1 is amended by add-
ing 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 9 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 designates,
the Deputy Secretary of the Transportation.
‘‘(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 1 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 3 members of the Oversight Board ap-
pointed 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 success-
fully. In the aggregate, such members should col-
lectively 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 related
to aviation or aeronautics; or
‘‘(iii) be a member of any organization
that engages, as a substantial part of its ac-
tivities, 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 indi-
vidual 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) 2 members shall be appointed for
a term of 3 years;
‘‘(ii) 2 members shall be appointed for
a term of 4 years; and
‘‘(iii) 2 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 ex-
piration 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 indi-
vidual shall be treated as serving as an officer or
employee referred to in section 101(f) of the Eth-
ics in Government Act of 1978 for purposes of
title I of such Act, except that section 101(d) of
such Act shall apply without regard to the num-
ber 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 subpara-
graph (A) or (D) of paragraph (1) shall be treat-
ed as an employee referred to in section
207(c)(2)(A)(i) of such title during the entire pe-
riod 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 paragraph
(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 nec-
essary to allow the member to participate in the
decisions of the Board while continuing to serve
as a full-time Federal employee or a representa-
tive of employees. Any such waiver shall not be
effective unless a written intent of waiver to ex-
empt such member (and actual waiver language)
is submitted to the Senate with the nomination
of such member.
‘‘(4) QUORUM.—Five members of the Oversight
Board shall constitute a quorum. A majority of mem-
bers present and voting shall be required for the Over-
sight 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 Presi-
dent.
‘‘(6) CLAIMS.—
‘‘(A) IN GENERAL.—A member of the Over-
sight Board appointed under subparagraph (A)
or (D) of paragraph (1) shall have no personal
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 applicable
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 employees.
‘‘(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, ef-
ficiency, 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 oper-
ational functions of the Federal Aviation Administra-
tion, 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
shall be compensated at a rate of $30,000 per
year. All other members shall serve without com-
pensation for such service.
‘‘(B) CHAIRPERSON.—Notwithstanding sub-
paragraph (A), the chairperson of the Oversight
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 expenses,
including per diem in lieu of subsistence, at
rates authorized for employees of agencies 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 Over-
sight Board, while otherwise away from their
homes or regular places of business for purposes
of duties as a member of the Oversight 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 Over-
sight Board without reimbursement. Such detail
shall be without interruption or loss of civil serv-
ice status or privilege.
‘‘(4) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT
SERVICES.—The chairperson of the Over-
sight Board may procure temporary and intermittent
services under section 3109(b) of title 5.
‘‘(g) ADMINISTRATIVE MATTERS.—
‘‘(1) CHAIR.—
‘‘(A) TERM.—The members of the Oversight
Board shall elect for a 2-year term a chairperson
from among the members appointed under sub-
section (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, and
the Committee on Commerce, Science, and
Transportation of the Senate.
‘‘(B) ADDITIONAL REPORT.—Upon a deter-
mination 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 REPORT.—
Not later than April 30, 2004, the Comptroller
General of the United States shall transmit to
the Committee on Transportation and Infra-
structure of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the success of the
Oversight Board in improving the performance
of the air traffic control system.’’.
(2) CONFORMING AMENDMENT.—The analysis for
chapter 1 is amended by adding at the end the fol-
lowing:
‘‘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 enactment
of this Act.
(2) INITIAL NOMINATIONS TO AIR TRAFFIC CON-
TROL OVERSIGHT BOARD.—The President shall sub-
mit the initial nominations of the air traffic control
oversight board to the Senate not later than 3 months
after the date of enactment of this Act.
(3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT
OF OVERSIGHT BOARD.—Nothing in this section 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 Con-
trol 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 control sys-
tem to be appointed by the Administrator, with
approval of the Air Traffic Control Oversight
Board established by section 113. The Chief Op-
erating Officer shall report directly to the Ad-
ministrator and shall be subject to the authority
of the Administrator.
‘‘(B) QUALIFICATIONS.—The Chief Oper-
ating Officer shall have a demonstrated ability
in management and knowledge of or experience
in aviation.
‘‘(C) TERM.—The Chief Operating Officer
shall be appointed for a term of 5 years.
‘‘(D) REMOVAL.—The Chief Operating Offi-
cer shall serve at the pleasure of the Adminis-
trator, except that the Administrator shall make
every effort to ensure stability and continuity in
the leadership of the air traffic control system.
‘‘(E) 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 remain-
der of that term.
‘‘(2) ANNUAL PERFORMANCE AGREEMENT.—The
Administrator and the Chief Operating Officer, in
consultation with the Air Traffic Control Oversight
Board, shall enter into an annual performance agree-
ment that sets forth measurable organization and in-
dividual goals for the Chief Operating Officer in key
operational areas. The agreement shall be subject to
review and renegotiation on an annual basis.
‘‘(3) 
ANNUAL
PERFORMANCE
REPORT.—The
Chief Operating Officer shall prepare and submit to
the Secretary of Transportation and Congress an an-
nual management report containing such information
as may be prescribed by the Secretary.’’.
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
‘‘(ii) in the case of subsequent appoint-
ments 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 coordinated
environmental review process for aviation infrastruc-
ture 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 assessment
under such Act; or
(B) the conduct of any other environmental
review, analysis, opinion, or issuance of an envi-
ronmental permit, license, or approval by oper-
ation of Federal law.
(2) MEMORANDUM OF UNDERSTANDING.—
(A) IN GENERAL.—The coordinated environ-
mental review process for each project shall en-
sure 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 Fed-
eral agency for the project concerned shall be
conducted concurrently and completed within a
cooperatively determined time period. Such proc-
ess for a project or class of project may be incor-
porated into a memorandum of understanding
between the Department of Transportation and
Federal agencies (and, where appropriate, 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 envi-
ronmental review process established under this section
shall provide, at a minimum, for the following elements:
(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-
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 estab-
lished 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
100
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 con-
current review would result in a significant ad-
verse impact to the environment or substantively
alter the operation of Federal law or would not
be possible without information developed as
part of the environmental review process.
(3) FACTORS TO BE CONSIDERED.—Time periods
for review established under this section shall be con-
sistent with the time periods established by the Coun-
cil 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 modified to
incorporate any mutually agreed-upon extensions.
101
(c) DISPUTE RESOLUTION.—When the Secretary deter-
mines that a Federal agency which is subject to a time pe-
riod for its environmental review or analysis under this sec-
tion has failed to complete such review, analysis, opinion,
or decision on issuing any permit, license, or approval
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 en-
vironmental issue related to the project that an affected Fed-
eral agency has jurisdiction over by operation of Federal
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 Secretary.
(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 jurisdiction 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, analyses, opinions, or
determinations on issuing any permits, licenses, or approv-
als for the project, be subject to the coordinated environ-
mental review process established under this section unless
102
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 process, all affected
agencies of the State shall be subject to the review process.
(e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.—
(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 environ-
mental review process established under this section to
affected Federal agencies to provide the resources nec-
essary to meet any time limits established under this
section.
(2) AMOUNTS.—Such requests under paragraph
(1) shall be approved only—
(A) for the additional amounts that the Sec-
retary determines are necessary for the affected
Federal agencies to meet the time limits for envi-
ronmental review; and
(B) if such time limits are less than the cus-
tomary time necessary for such review.
(f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
103
(1) JUDICIAL REVIEW.—Nothing in this section
shall affect the reviewability of any final Federal
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 required
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 ap-
pears and inserting ‘‘$250,000,000’’;
(2) by striking ‘‘Air Traffic Management System
Performance Improvement Act of 1996’’ and inserting
‘‘Aviation Investment and Reform Act for the 21st
Century’’;
(3) in subclause (I)—
104
(A) by inserting ‘‘substantial and’’ before
‘‘material’’; and
(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 as-
sessments described in this section. To conduct the as-
sessments, the Inspector General may use the staff
and resources of the Inspector General or contract
with 1 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-
105
uting such costs to specific users is appropriate,
reasonable, and understandable to the users.
(B) COMPONENTS.—In conducting the as-
sessment under this paragraph, the Inspector
General shall assess the 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 ultimately
attributes its costs.
106
(vi) The cost pools used by the Federal
Aviation Administration and the rationale
for and reliability of the bases which the
Federal Aviation Administration proposes
to use in allocating costs of services 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 assess
relationships between costs in the various
cost pools and activities and services to
which the costs are attributed by the Fed-
eral Aviation Administration.
(3) COST EFFECTIVENESS.—
(A) IN
GENERAL.—The Inspector General
shall assess the progress of the Federal Aviation
Administration in cost and performance man-
agement, including use of internal and external
107
benchmarking in improving the performance and
productivity of the Federal Aviation Administra-
tion.
(B) ANNUAL REPORTS.—Not later than De-
cember 31, 2000, and annually thereafter until
December 31, 2004, the Inspector General shall
transmit to Congress an updated report con-
taining the results of the assessment conducted
under this paragraph.
(C) INFORMATION TO BE INCLUDED IN FAA
FINANCIAL
REPORT.—The Administrator shall
include in the annual financial report of the
Federal Aviation Administration information on
the performance of the Administration sufficient
to permit users and others to make an informed
evaluation of the progress of the Administration
in increasing productivity.
(b) FUNDING.—Of the amounts appropriated pursuant
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.
108
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
109
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 fam-
ily 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 deter-
mines that the extension is necessary to meet the
needs of the families and if State and local authori-
ties are notified of the determination.’’.
(c) INCLUSION OF NONREVENUE PASSENGERS IN FAM-
ILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is amend-
ed 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 res-
ervation for the flight.’’.
(d) LIMITATION ON STATUTORY CONSTRUCTION.—Sec-
tion 1136 is amended by adding at the end the following:
110
‘‘(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 accident.’’.
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 pro-
vide adequate training to the employees and 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:
111
‘‘(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 con-
sult 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 enactment of this Act. On or before such 180th day,
each air carrier holding a certificate of public conven-
ience and necessity under section 41102 of title 49,
United States Code, shall submit to the Secretary of
Transportation and the Chairman 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).
(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
112
(B) in subsection (c) by striking ‘‘After the
date that is 6 months after the date of the enact-
ment of this section, the Secretary’’ and insert-
ing ‘‘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.—Sec-
tion 41113 is amended by adding at the end the following:
‘‘(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 accident.’’.
SEC. 403. FOREIGN AIR CARRIER PLANS.
(a) INCLUSION OF NONREVENUE PASSENGERS IN FAM-
ILY
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.—
113
(1) IN GENERAL.—Section 41313(c) is amended
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 for-
eign air carrier, in the event that the foreign air car-
rier volunteers assistance to United States citizens
within the United States in the case of an aircraft ac-
cident outside the United States involving major loss
of life, the foreign air carrier will consult 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 enactment of
this Act. On or before such 180th day, each foreign
air carrier providing foreign air transportation
under chapter 413 of title 49, United States Code,
shall submit to the Secretary of Transportation and
the Chairman of the National Transportation Safety
Board an updated plan under section 41313 of such
114
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 in-
serting ‘‘(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, commonly
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 enactment of this Act and to civil actions that are not
adjudicated by a court of original jurisdiction or settled on
or before such date of 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, equip-
ment be installed, on each cargo aircraft with a maximum
certificated takeoff weight in excess of 15,000 kilograms,
that provides protection from mid-air collisions using tech-
nology that provides—
115
(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 operation
of a fleet of cargo aircraft equipped with collision
avoidance equipment; or
(2) other safety or public interest objectives.
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’’;
116
(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 ac-
cess to Federal Aviation Administration records de-
scribed in paragraph (1), the Administrator may
allow, under terms established by the Administrator,
a designated individual to have electronic access to a
specified database containing information about such
records.’’.
SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOY-
EES.
Section 347(b)(1) of the Department of Transportation
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 provi-
sions for investigation and enforcement as provided 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-
117
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 enactment of
this Act, the Administrator shall issue a notice of proposed
rulemaking to develop procedures to protect air carriers and
their employees from civil enforcement actions under the
program known as Flight Operations Quality Assurance.
Not later than 1 year after the last day of the period for
public comment provided for in the notice of proposed rule-
making, the Administrator shall issue a final rule estab-
lishing such procedures.
SEC. 506. SMALL AIRPORT CERTIFICATION.
Not later than 60 days after the date of enactment 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 oper-
ating certificates for small scheduled 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 pro-
posed rulemaking, the Administrator shall issue a final rule
on implementing such program.
118
SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.
(a) IN GENERAL.—Chapter 447 is amended by adding
at the end the following:
‘‘§ 44725. Life-limited aircraft parts
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall conduct a rulemaking pro-
ceeding to require the safe disposition of life-limited parts
removed from an aircraft. The rulemaking proceeding shall
ensure that the disposition deter installation on an aircraft
of a life-limited part that has reached or exceeded its life
limits.
‘‘(b) SAFE DISPOSITION.—For the purposes of this sec-
tion, 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 up-
dated when the part is retired from service.
119
‘‘(5) Any other method approved by the Adminis-
trator.
‘‘(c) DEADLINES.—In conducting the rulemaking pro-
ceeding under subsection (a), the Administrator shall—
‘‘(1) not later than 180 days after the date of en-
actment of this section, issue a notice of proposed
rulemaking; and
‘‘(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 in-
stallation 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; or’’.
120
(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
(2) by inserting after section 46315 the fol-
lowing:
‘‘§ 46316. Interference with cabin or flight crew
‘‘An individual who interferes with the duties or re-
sponsibilities of the flight crew or cabin crew of a civil air-
craft, 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) 
COMPROMISE
AND
SETOFF.—Section
46301(f)(1)(A)(i) is amended by inserting ‘‘46316,’’ before
‘‘or 47107(b)’’.
(c) CONFORMING
AMENDMENT.—The analysis for
chapter 463 is amended by striking the item relating to sec-
tion 46316 and inserting after the item relating to section
46315 the following:
‘‘46316. Interference with cabin or flight crew.
‘‘46317. General criminal penalty when specific penalty not provided.’’.
121
SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT
SYSTEM.
Not later than March 1, 2000, and annually thereafter
for the next 5 years, the Administrator shall transmit to
the Committee on Transportation and Infrastructure 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 Administration in imple-
menting the air transportation oversight system. At a min-
imum, 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
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:
122
‘‘(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, prepara-
tion, and delivery of aircraft;
‘‘(4) aircraft when used in research and develop-
ment if the aircraft holds a certificate from the Ad-
ministrator of the Federal Aviation Administration to
carry out such research and development;
‘‘(5) aircraft when used in showing compliance
with regulations crew training, exhibition, air racing,
or market surveys;
‘‘(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
123
‘‘(8) aircraft capable of carrying only one indi-
vidual.’’.
(b) COMPLIANCE.—Section 44712 is amended by redes-
ignating subsection (c) as subsection (d) and by inserting
after subsection (b) the following:
‘‘(c) COMPLIANCE.—An aircraft meets the requirement
of subsection (a) if it is equipped with an emergency locator
transmitter that transmits on the 121.5/243 megahertz fre-
quency or the 406 megahertz frequency, or with other equip-
ment approved by the Secretary for meeting the requirement
of subsection (a).’’.
(c) EFFECTIVE DATE; REGULATIONS.—
(1) REGULATIONS.—The Secretary of Transpor-
tation shall issue regulations under section 44712(b)
of title 49, United States Code, as amended by this
section not later than January 1, 2002.
(2) EFFECTIVE DATE.—The amendments made
by this section shall take effect on January 1, 2002.
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:
124
‘‘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
air carrier may discharge an employee or otherwise dis-
criminate against an employee with respect to compensa-
tion, terms, conditions, or privileges of employment because
the employee (or any person acting pursuant to a request
of the employee)—
‘‘(1) provided, caused to be provided, or is about
to provide (with any knowledge of the employer) or
cause to be provided to the employer or Federal Gov-
ernment information relating to any violation or al-
leged violation of any order, regulation, or standard
of the Federal Aviation Administration or any other
provision of Federal law relating to air carrier safety
under this subtitle or any other law of the United
States;
‘‘(2) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or cause to
be filed a proceeding relating to any violation or al-
leged violation of any order, regulation, or standard
of the Federal Aviation Administration or any other
125
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 pro-
ceeding; or
‘‘(4) assisted or participated or is about to assist
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 other-
wise discriminated against by any person in viola-
tion 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 Administration of the filing of the
complaint, of the allegations contained in the com-
plaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be af-
forded to such person under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
126
‘‘(A) IN GENERAL.—Not later than 60 days
after the date of receipt of a complaint filed
under paragraph (1) and after affording the per-
son named in the complaint an opportunity to
submit to the Secretary of Labor a written re-
sponse to the complaint and an opportunity to
meet with a representative of the Secretary to
present statements from witnesses, the Secretary
of Labor shall conduct an investigation and de-
termine whether there is reasonable cause to be-
lieve that the complaint has merit and notify, in
writing, the complainant and the person alleged
to have committed a violation of subsection (a)
of the Secretary’s findings. If the Secretary of
Labor concludes that there is a reasonable cause
to believe that a violation of subsection (a) has
occurred, the Secretary shall accompany the Sec-
retary’s findings with a preliminary order pro-
viding the relief prescribed by paragraph (3)(B).
Not later than 30 days after the date of notifica-
tion of findings under this paragraph, either the
person alleged to have committed the violation or
the complainant may file objections to the find-
ings or preliminary order, or both, and request
a hearing on the record. The filing of such objec-
127
tions shall not operate to stay any reinstatement
remedy contained in the preliminary order. Such
hearings shall be conducted expeditiously. 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 judicial 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 subparagraph
(A) unless the complainant makes a prima
facie showing that any behavior described
in paragraphs (1) through (4) of subsection
(a) was a contributing factor in the unfa-
vorable personnel action alleged in the com-
plaint.
‘‘(ii) SHOWING
BY
EMPLOYER.—Not-
withstanding a finding by the Secretary
that the complainant has made the showing
required under clause (i), no investigation
otherwise required under subparagraph (A)
shall be conducted if the employer dem-
onstrates, by clear and convincing evidence,
128
that the employer would have taken the
same unfavorable personnel action in the
absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINATION
BY SECRETARY.—The Secretary may deter-
mine that a violation of subsection (a) has
occurred only if the complainant dem-
onstrates that any behavior described in
paragraphs (1) through (4) of subsection (a)
was a contributing factor in the unfavorable
personnel action alleged in the complaint.
‘‘(iv) PROHIBITION.—Relief may not
be ordered under subparagraph (A) if the
employer demonstrates by clear and con-
vincing evidence that the employer would
have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE
FOR
ISSUANCE; SETTLE-
MENT AGREEMENTS.—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 prescribed by
this paragraph or denying the complaint. At any
time before issuance of a final order, a pro-
130
ing attorneys’ and expert witness fees) reason-
ably 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 Sec-
retary 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 reasonable 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 obtain re-
view 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, alleg-
edly occurred or the circuit in which the com-
plainant resided on the date of such violation.
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. The com-
mencement of proceedings under this subpara-
131
graph shall not, unless ordered by the court, op-
erate 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 appropriate
relief including, but not limited to, injunctive 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.
The appropriate United States district court
132
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.
‘‘(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.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 421 is amended by adding at the end the following:
133
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.
SEC. 602. CIVIL PENALTY.
Section 46301(a)(1)(A) is amended by striking ‘‘sub-
chapter II of chapter 421’’ and inserting ‘‘subchapter II or
III of chapter 421’’.
TITLE VII—MISCELLANEOUS
PROVISIONS
SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.
Section 
106(g)(1)(A) 
is 
amended 
by 
striking
‘‘40113(a), (c), and (d),’’ and all that follows through
‘‘45302–45304,’’ 
and 
inserting 
‘‘40113(a), 
40113(c),
40113(d), 40113(e), 40114(a), and 40119, chapter 445 (ex-
cept 
sections 
44501(b), 
44502(a)(2), 
44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514, and
44515), chapter 447 (except sections 44717, 44718(a),
44718(b), 44719, 44720, 44721(b), 44722, and 44723),
chapter 449 (except sections 44903(d), 44904, 44905,
44907–44911, 44913, 44915, and 44931–44934), chapter
451, chapter 453, sections’’.
SEC. 702. PUBLIC AIRCRAFT.
(a) RESTATEMENT OF DEFINITION OF PUBLIC AIR-
CRAFT
WITHOUT
SUBSTANTIVE
CHANGE.—Section
40102(a)(38) (as redesignated by section 301 of this Act)
is amended to read as follows:
‘‘(38) ‘public aircraft’ means an aircraft—
134
‘‘(A) used only for the United States Gov-
ernment, and operated under the conditions spec-
ified by section 40125(b) if owned by the Govern-
ment;
‘‘(B) owned by the United States Govern-
ment, operated by any person for purposes re-
lated to crew training, equipment development,
or demonstration, and operated under the condi-
tions specified by section 40125(b);
‘‘(C) owned and operated by the government
of a State, the District of Columbia, a territory
or possession of the United States, or a political
subdivision of one of these governments, under
the conditions specified by section 40125(c); or
‘‘(D) exclusively leased for at least 90 con-
tinuous days by the government of a State, the
District of Columbia, a territory or possession of
the United States, or a political subdivision of
one of these governments, under the conditions
specified by section 40125(c).’’.
(b) QUALIFICATIONS
FOR PUBLIC AIRCRAFT STA-
TUS.—
(1) IN GENERAL.—Chapter 401 is amended by
adding at the end the following:
135
‘‘§ 40125. Qualifications for public aircraft status
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
‘‘(1) COMMERCIAL PURPOSES.—The term ‘com-
mercial purposes’ means the transportation of persons
or property for compensation or hire, but does not in-
clude the operation of an aircraft by one government
on behalf of another government under a cost reim-
bursement agreement if the government on whose be-
half the operation is conducted certifies to the Admin-
istrator of the Federal Aviation Administration that
the operation is necessary to respond to a significant
and imminent threat to life or property (including
natural resources) and that no service by a private
operator is reasonably available to meet the threat.
‘‘(2) GOVERNMENTAL FUNCTION.—The term ‘gov-
ernmental function’ means an activity undertaken by
a government, such as firefighting, search and rescue,
law enforcement, aeronautical research, or biological
or geological resource management.
‘‘(3) QUALIFIED NON-CREWMEMBER.—The term
‘qualified non-crewmember’ means an individual,
other than a member of the crew, aboard an
aircraft—
136
‘‘(A) operated by the armed forces or an in-
telligence agency of the United States Govern-
ment; or
‘‘(B) whose presence is required to perform,
or is associated with the performance of, a gov-
ernmental function.
‘‘(b) AIRCRAFT OWNED BY THE UNITED STATES.—An
aircraft described in subparagraph (A) or (B) of section
40102(a)(38), if owned by the Government, qualifies as a
public aircraft except when it is used for commercial pur-
poses or to carry an individual other than a crewmember
or a qualified non-crewmember.
‘‘(c) AIRCRAFT OWNED BY STATE AND LOCAL GOVERN-
MENTS.—An aircraft described in subparagraph (C) or (D)
of section 40102(a)(38) qualifies as a public aircraft except
when it is used for commercial purposes or to carry an in-
dividual other than a crewmember or a qualified non-crew-
member.’’.
(2) CONFORMING AMENDMENT.—The analysis for
chapter 401 is amended by adding at the end the fol-
lowing:
‘‘40125. Qualifications for public aircraft status.’’.
SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PRO-
POSALS.
Section 40110 is amended by adding at the end the
following:
137
‘‘(d) PROHIBITION ON RELEASE OF OFFEROR PRO-
POSALS.—
‘‘(1) GENERAL
RULE.—Except as provided in
paragraph (2), a proposal in the possession or control
of the Administrator may not be made available to
any person under section 552 of title 5.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to any portion of a proposal of an offeror the
disclosure of which is authorized by the Administrator
pursuant to procedures published in the Federal Reg-
ister. 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 proce-
dures shall not take effect before the 60th day fol-
lowing the date of such publication.
‘‘(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 solicita-
tion for a competitive proposal.’’.
SEC. 704. MULTIYEAR PROCUREMENT CONTRACTS.
Section 40111 is amended—
138
(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 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 griev-
ance procedure that is applicable to the employee as a mem-
ber of the collective bargaining unit or through the Admin-
139
istration’s internal process relating to review of major ad-
verse personnel actions of the Administration, known as
Guaranteed Fair Treatment or under section 347(c) of the
Department of Transportation and Related Agencies Ap-
propriations 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
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 matter
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
140
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:
‘‘(8) sections 1204, 1211–1218, 1221, and 7701–
7703, relating to the Merit Systems Protection
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 de-
veloped and implemented under subsection (a), an employee
of the Federal Aviation Administration may submit an ap-
peal to the Merit Systems Protection Board and may seek
judicial review of any resulting final orders or decisions
of the Board from any action that was appealable to the
Board under any law, rule, or regulation as of March 31,
1996.’’.
142
(d) CIVIL PENALTY FOR VIOLATIONS OF PROHIBITION
ON DISCRIMINATION AGAINST THE HANDICAPPED.—Sec-
tion 46301(a)(3) is further amended by adding at the end
the following:
‘‘(D) 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 ap-
propriate, 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 agree-
ment entered into by a major air carrier’’ and inserting
‘‘an agreement entered into between 2 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.’’.
143
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 PROPERTIES.—
The Administrator may make improvements to real
property leased for no or nominal consideration for
an air navigation facility, regardless of whether the
cost of making the improvements exceeds the cost of
leasing the real property, if—
‘‘(A) the improvements primarily benefit
the Government;
‘‘(B) the improvements are essential for ac-
complishment of the mission of the Federal Avia-
tion 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 OVERSIGHT
RESPONSIBILITIES.—
144
‘‘(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 (Certifi-
cates of Airworthiness); or Article 32a (Licenses of
Personnel).
‘‘(2) RELINQUISHMENT AND ACCEPTANCE OF RE-
SPONSIBILITY.—The Administrator relinquishes re-
sponsibility with respect to the functions and duties
transferred by the Administrator as specified in the
bilateral agreement, under the Articles listed in para-
graph (1) for United States-registered aircraft de-
scribed in paragraph (4)(A) transferred abroad and
accepts responsibility with respect to the functions
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 functions
and duties under this subsection on any conditions
145
the Administrator deems necessary and prudent, ex-
cept that the Administrator may not transfer respon-
sibilities for United States registered aircraft de-
scribed in paragraph (4)(A) to a country that the Ad-
ministrator 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 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 another country; or
‘‘(B) aircraft registered in a foreign country
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 residence in the
United States.’’.
SEC. 711. PUBLIC AVAILABILITY OF AIRMEN RECORDS.
Section 44703 is amended—
146
(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, date of
birth, and ratings held shall be made available to the
public after the 120th day following the date of enact-
ment 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
enactment of the Aviation Investment and Reform Act
for the 21st Century, the Administrator shall develop
and implement, in cooperation with representatives of
the aviation industry, a one-time written notification
147
to airmen to set forth the implications of making in-
formation concerning an airman available to the pub-
lic 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 APPEAL.—
‘‘(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 effective,
except that a person filing an appeal under subsection
(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 materials. If any 2
members of the Board determine that sufficient
grounds exist to grant a stay, an emergency stay shall
be granted. If an emergency stay is granted, the
Board must meet within 15 days of the granting of
148
the stay to make a final disposition of the issues re-
lated 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 representa-
tives as the Administrator may designate to provide advice
on matters related to aviation security and safety. Such
consortia shall not be considered Federal advisory commit-
tees.’’.
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—
(1) by striking subsection (a)(2) and inserting
the following:
149
‘‘(2) Services (other than air traffic control serv-
ices) provided to a foreign government or to any enti-
ty 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 pertaining to
aeronautical products manufactured outside the
United States.’’; and
(2) by adding at the end the following:
‘‘(d) PRODUCTION-CERTIFICATION RELATED SERVICE
DEFINED.—In this section, the term ‘production-certifi-
cation related service’ has the meaning given that term in
appendix C of part 187 of title 14, Code of Federal Regula-
tions.’’.
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
(3) in subsection (g) by inserting ‘‘or the Admin-
istrator’’ after ‘‘Secretary’’.
150
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 amended
in the first sentence by inserting ‘‘or foreign air carrier’’
after ‘‘air carrier’’.
(b) EXEMPTION FOR AIRCRAFT MODIFICATION OR DIS-
POSAL.—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 procedure
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 fol-
lowing:
‘‘(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—
151
‘‘(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 redesig-
nating 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 subsection (c)
and inserting the following:
‘‘(c) CONTRACTS EXTENDING INTO
A SUBSEQUENT
FISCAL YEAR.—Notwithstanding subsection (b)(3), the Ad-
ministrator 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 pe-
152
riod 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 Cen-
tennial 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 following:
‘‘(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
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 business
meeting, the Commission shall adopt a policy to protect
153
against possible conflicts of interest involving its members
and employees. The Commission shall consult with the Of-
fice of Government Ethics in the development of such a pol-
icy and shall recognize the status accorded its members
under section 4(g).’’.
(d) EXECUTIVE DIRECTOR.—The first sentence of sec-
tion 7(a) of such Act (112 Stat. 3489) is amended by strik-
ing 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 carry out
such duties to any Federal agency or the National
Air and Space Museum of the Smithsonian Institu-
tion to be used for the sole purpose of commemorating
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 following:
154
‘‘(f) DUTIES TO BE CARRIED OUT BY ADMINISTRATOR
OF NASA.—The duties of the Commission under this sec-
tion shall be carried out by the Administrator of the Na-
tional Aeronautics and Space Administration, in consulta-
tion 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 selec-
tively blocking the display of any aircraft-situation-
display-to-industry derived data related to any iden-
tified aircraft registration number; and
(2) the person agree to block selectively the air-
craft registration numbers of any aircraft owner or
operator upon the Administration’s request.
(b) EXISTING MEMORANDA TO BE CONFORMED.—The
Administrator shall conform any memoranda of agreement,
in effect on the date of enactment of this Act, between the
Administration and a person under which that person ob-
tains aircraft situational display data to incorporate the
requirements of subsection (a) within 30 days after that
date.
155
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 pursuant
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.
SEC. 723. NEWPORT NEWS, VIRGINIA.
(a) AUTHORITY
TO
GRANT
WAIVERS.—Notwith-
standing section 16 of the Federal Airport Act (as in effect
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 Administration ap-
proved 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 con-
156
veyed such property to the Peninsula Airport Commission
for airport purposes of the Commission.
(b) CONDITIONS.—Any waiver granted by the Sec-
retary under subsection (a) shall be subject to the following
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 pur-
suant to regulations issued by the Secretary).
(2) Peninsula Airport Commission shall use any
amount so received only for the development, improve-
ment, 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.
157
SEC. 725. REGULATION OF ALASKA GUIDE PILOTS.
(a) IN GENERAL.—Beginning on the date of enactment
of this Act, flight operations conducted by Alaska guide pi-
lots shall be regulated under the general operating and
flight rules contained in part 91 of title 14, Code of Regula-
tions.
(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.
(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;
158
(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 authorization
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 ‘‘let-
ter of authorization’’ means a letter issued by the Ad-
ministrator once every 5 years to an Alaska guide
pilot certifying that the pilot is in compliance 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 authoriza-
tion 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
159
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 the
use and oversight of aircraft and aviation component
repair and maintenance facilities (in this section re-
ferred to as ‘‘aircraft repair facilities’’) located with-
in, 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 improving the
oversight of aircraft repair facilities.
(b) MEMBERSHIP.—The panel shall consist of—
(1) 9 members appointed by the Secretary as fol-
lows:
(A) 3 representatives of labor organizations
representing aviation mechanics;
(B) 1 representative of cargo air carriers;
160
(C) 1 representative of passenger air car-
riers;
(D) 1 representative of aircraft repair fa-
cilities;
(E) 1 representative of aircraft manufactur-
ers;
(F) 1 representative of on-demand passenger
air carriers and corporate aircraft operations;
and
(G) 1 representative of regional passenger
air carriers;
(2) 1 representative from the Department of
Commerce, designated by the Secretary of Commerce;
(3) 1 representative from the Department of
State, designated by the Secretary of State; and
(4) 1 representative from the Federal Aviation
Administration, designated by the Administrator.
(c) RESPONSIBILITIES.—The panel shall—
(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
161
and air carriers, staffing needs, and any balance of
trade or safety issues associated with that work.
(d) DOT TO REQUEST INFORMATION FROM AIR CAR-
RIERS 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
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-
162
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.
(f) DOT TO MAKE INFORMATION AVAILABLE TO PUB-
LIC.—The Secretary shall make any relevant information
received under subsection (c) available to the public, con-
sistent with the authority to withhold trade secrets or com-
mercial, financial, and other proprietary information
under section 552 of title 5, United States Code.
(g) TERMINATION.—The panel established under sub-
section (a) shall terminate on the earlier of—
(1) the date that is 2 years after the date of en-
actment of this Act; or
(2) December 31, 2001.
(h) DEFINITIONS.—The definitions contained in sec-
tion 40102 of title 49, United States Code, shall apply to
this section.
163
SEC. 727. OPERATIONS OF AIR TAXI INDUSTRY.
(a) STUDY.—The Administrator, in consultation with
the National Transportation Safety Board and other inter-
ested persons, shall conduct a study of air taxi operators
regulated under part 135 of title 14, Code of Federal Regu-
lations.
(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.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study.
SEC. 728. SENSE OF CONGRESS CONCERNING COMPLETION
OF COMPREHENSIVE NATIONAL AIRSPACE
REDESIGN.
It is the sense of Congress that, as soon as is prac-
ticable, the Administrator should complete and begin imple-
mentation of the comprehensive national airspace redesign
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
164
or environmental impact study for new construction
projects on the air operations area of an airport, if the com-
pleted 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 requirements of Fed-
eral law for the completion of such an assessment 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
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 tech-
nologies 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.
165
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;
(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 fu-
ture generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public
health and welfare and is essential to the mainte-
nance of the natural and cultural resources of Indian
tribes;
166
(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.—
‘‘(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.
167
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
ITY.—
‘‘(A) APPLICATION REQUIRED.—Before com-
mencing commercial air tour operations over a
national park (including tribal lands), a com-
mercial air tour operator shall apply to the Ad-
ministrator for authority to conduct the oper-
ations 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 co-
operation with the Director, shall issue operation
specifications to commercial air tour operators
that conduct such operations. The operation
specifications shall include such terms and con-
ditions as the Administrator and the Director
find necessary for management of commercial
air tour operations over the park. The Adminis-
trator, in cooperation with the Director, shall de-
velop 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 pro-
168
posals submitted, the Administrator, in coopera-
tion with the Director, shall consider relevant
factors, including—
‘‘(i) the safety record of the person sub-
mitting 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;
‘‘(v) any training programs for pilots
provided by the person submitting the pro-
posal; and
‘‘(vi) responsiveness of the person sub-
mitting the proposal to any relevant cri-
teria developed by the National Park Serv-
ice for the affected park.
‘‘(C) NUMBER
OF
OPERATIONS
AUTHOR-
IZED.—In determining the number of authoriza-
tions to issue to provide commercial air tour op-
169
erations 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.—
‘‘(A) IN
GENERAL.—If a commercial air
tour operator secures a letter of agreement from
the Administrator and the superintendent for the
national park that describes the conditions under
which the commercial air tour operation will be
conducted, then notwithstanding paragraph (1),
the commercial air tour operator may conduct
such operations over the national park under
part 91 of title 14, Code of Federal Regulations,
170
if such activity is permitted under part 119 of
such title.
‘‘(B) LIMIT
ON
EXCEPTIONS.—Not more
than 5 flights in any 30-day period over a single
national park may be conducted under this
paragraph.
‘‘(4) SPECIAL
RULE
FOR
SAFETY
REQUIRE-
MENTS.—Notwithstanding subsection (d), an existing
commercial air tour operator shall apply, not later
than 90 days after the date of enactment of this sec-
tion, for operating authority under part 119, 121, or
135 of title 14, Code of Federal Regulations. A new
entrant commercial air tour operator shall apply for
such authority before conducting commercial air tour
operations over a national park (including tribal
lands). The Administrator shall act on any such ap-
plication for a new entrant and issue a decision on
the application not later than 24 months after it is
received or amended.
‘‘(b) AIR TOUR MANAGEMENT PLANS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The Administrator, in
cooperation with the Director, shall establish an
air tour management plan for any national
park (including tribal lands) for which such a
171
plan is not in effect whenever a person applies
for authority to conduct a commercial air tour
operation over the park. The air tour manage-
ment plan shall be developed by means of a pub-
lic process in accordance with paragraph (4).
‘‘(B) OBJECTIVE.—The objective of any air
tour management plan shall be to develop accept-
able and effective measures to mitigate or pre-
vent the significant adverse impacts, if any, of
commercial air tours upon the natural and cul-
tural resources, visitor experiences, and tribal
lands.
‘‘(2) ENVIRONMENTAL DETERMINATION.—In es-
tablishing an air tour management plan under this
subsection, the Administrator and the Director shall
each sign the environmental decision document re-
quired by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) (including a
finding of no significant impact, an environmental
assessment, and an environmental impact statement)
and the record of decision for the air tour manage-
ment plan.
‘‘(3) CONTENTS.—An air tour management plan
for a national park—
172
‘‘(A) may limit or prohibit commercial air
tour operations;
‘‘(B) may establish conditions for the con-
duct of commercial air tour operations, includ-
ing commercial air tour operation routes, max-
imum or minimum altitudes, time-of-day re-
strictions, restrictions for particular events, max-
imum number of flights per unit of time, intru-
sions on privacy on tribal lands, and mitigation
of adverse noise, visual, or other impacts;
‘‘(C) may apply to all commercial air tour
operations;
‘‘(D) shall include incentives (such as pre-
ferred commercial air tour operation routes and
altitudes and relief from flight caps and curfews)
for the adoption of quiet aircraft technology by
commercial air tour operators conducting com-
mercial air tour operations over the park;
‘‘(E) shall provide a system for allocating
opportunities to conduct commercial air tours if
the air tour management plan includes a limita-
tion on the number of commercial air tour oper-
ations for any time period; and
‘‘(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A)
173
through (E) and include such justifications in
the record of decision.
‘‘(4) PROCEDURE.—In establishing an air tour
management plan for a national park (including
tribal lands), the Administrator and the Director
shall—
‘‘(A) hold at least one public meeting with
interested parties to develop the air tour man-
agement plan;
‘‘(B) publish the proposed plan in the Fed-
eral Register for notice and comment and make
copies of the proposed plan available to the pub-
lic;
‘‘(C) comply with the regulations set forth
in sections 1501.3 and 1501.5 through 1501.8 of
title 40, Code of Federal Regulations (for pur-
poses of complying with the regulations, the Fed-
eral Aviation Administration shall be the lead
agency and the National Park Service is a co-
operating agency); and
‘‘(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial
air tour operation over the park, as a cooper-
174
ating agency under the regulations referred to in
subparagraph (C).
‘‘(5) JUDICIAL REVIEW.—An air tour manage-
ment plan developed under this subsection shall be
subject to judicial review.
‘‘(6) AMENDMENTS.—The Administrator, in co-
operation with the Director, may make amendments
to an air tour management plan. Any such amend-
ments shall be published in the Federal Register for
notice and comment. A request for amendment of an
air tour management plan shall be made in such
form and manner as the Administrator may pre-
scribe.
‘‘(c) DETERMINATION OF COMMERCIAL AIR TOUR OP-
ERATION STATUS.—In making a determination of whether
a flight is a commercial air tour operation, the Adminis-
trator may consider—
‘‘(1) whether there was a holding out to the pub-
lic of willingness to conduct a sightseeing flight for
compensation or hire;
‘‘(2) whether a narrative that referred to areas or
points of interest on the surface below the route of the
flight was provided by the person offering the flight;
‘‘(3) the area of operation;
175
‘‘(4) the frequency of flights conducted by the
person offering the flight;
‘‘(5) the route of flight;
‘‘(6) the inclusion of sightseeing flights as part of
any travel arrangement package offered by the person
offering the flight;
‘‘(7) whether the flight would have been canceled
based on poor visibility of the surface below the route
of the flight; and
‘‘(8) any other factors that the Administrator
considers appropriate.
‘‘(d) INTERIM OPERATING AUTHORITY.—
‘‘(1) IN GENERAL.—Upon application for oper-
ating authority, the Administrator shall grant in-
terim operating authority under this subsection to a
commercial air tour operator for commercial air tour
operations over a national park (including tribal
lands) for which the operator is an existing commer-
cial air tour operator.
‘‘(2) REQUIREMENTS
AND
LIMITATIONS.—In-
terim 
operating 
authority 
granted 
under 
this
subsection—
‘‘(A) shall provide annual authorization
only for the greater of—
176
‘‘(i) the number of flights used by the
operator to provide such tours within the
12-month period prior to the date of enact-
ment of this section; or
‘‘(ii) the average number of flights per
12-month period used by the operator to
provide such tours within the 36-month pe-
riod prior to such date of enactment, and,
for seasonal operations, the number of
flights so used during the season or seasons
covered by that 12-month period;
‘‘(B) may not provide for an increase in the
number of commercial air tour operations con-
ducted during any time period by the commer-
cial air tour operator above the number that the
air tour operator was originally granted unless
such an increase is agreed to by the Adminis-
trator and the Director;
‘‘(C) shall be published in the Federal Reg-
ister to provide notice and opportunity for com-
ment;
‘‘(D) may be revoked by the Administrator
for cause;
177
‘‘(E) shall terminate 180 days after the date
on which an air tour management plan is estab-
lished for the park or the tribal lands;
‘‘(F) shall promote protection of national
park resources, visitor experiences, and tribal
lands;
‘‘(G) shall promote safe operations of the
commercial air tour;
‘‘(H) shall promote the adoption of quiet
technology, as appropriate; and
‘‘(I) shall allow for modifications of the op-
eration based on experience if the modification
improves protection of national park resources
and values and of tribal lands.
‘‘(e) EXEMPTIONS.—
‘‘(1) IN GENERAL.—Except as provided by para-
graph (2), this section shall not apply to—
‘‘(A) the Grand Canyon National Park;
‘‘(B) tribal lands within or abutting the
Grand Canyon National Park; or
‘‘(C) any unit of the National Park System
located in Alaska or any other land or water lo-
cated in Alaska.
‘‘(2) EXCEPTION.—This section shall apply to
the Grand Canyon National Park if section 3 of Pub-
178
lic Law 100–91 (16 U.S.C. 1a–1 note; 101 Stat. 674–
678) is no longer in effect.
‘‘(f) DEFINITIONS.—In this section, the following defi-
nitions apply:
‘‘(1) COMMERCIAL
AIR
TOUR
OPERATOR.—The
term ‘commercial air tour operator’ means any per-
son who conducts a commercial air tour operation.
‘‘(2) EXISTING
COMMERCIAL
AIR
TOUR
OPER-
ATOR.—The term ‘existing commercial air tour oper-
ator’ means a commercial air tour operator that was
actively engaged in the business of providing commer-
cial air tour operations over a national park at any
time during the 12-month period ending on the date
of enactment of this section.
‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR OP-
ERATOR.—The term ‘new entrant commercial air tour
operator’ means a commercial air tour operator
that—
‘‘(A) applies for operating authority as a
commercial air tour operator for a national
park; and
‘‘(B) has not engaged in the business of pro-
viding commercial air tour operations over the
national park (including tribal lands) in the 12-
month period preceding the application.
179
‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The
term ‘commercial air tour operation’ means any
flight, conducted for compensation or hire in a pow-
ered aircraft where a purpose of the flight is sight-
seeing over a national park, within 1⁄2 mile outside
the boundary of any national park, or over tribal
lands, during which the aircraft flies—
‘‘(A) below a minimum altitude, determined
by the Administrator in cooperation with the Di-
rector, above ground level (except solely for pur-
poses of takeoff or landing, or necessary for safe
operation of an aircraft as determined under the
rules and regulations of the Federal Aviation
Administration requiring the pilot-in-command
to take action to ensure the safe operation of the
aircraft); or
‘‘(B) less than 1 mile laterally from any ge-
ographic feature within the park (unless more
than 1⁄2 mile outside the boundary).
‘‘(5) NATIONAL PARK.—The term ‘national park’
means any unit of the National Park System.
‘‘(6) TRIBAL
LANDS.—The term ‘tribal lands’
means Indian country (as that term is defined in sec-
tion 1151 of title 18) that is within or abutting a na-
tional park.
180
‘‘(7) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Federal Avia-
tion Administration.
‘‘(8) DIRECTOR.—The term ‘Director’ means the
Director of the National Park Service.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 401 is further amended by adding at the end the
following:
‘‘40126. Overflights of national parks.’’.
SEC. 804. ADVISORY GROUP.
(a) ESTABLISHMENT.—Not later than 1 year after the
date of enactment of this Act, the Administrator and the
Director of the National Park Service shall jointly establish
an advisory group to provide continuing advice and counsel
with respect to commercial air tour operations over and
near national parks.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The advisory group shall be
composed of—
(A) a balanced group of—
(i) representatives of general aviation;
(ii) representatives of commercial air
tour operators;
(iii) representatives of environmental
concerns; and
(iv) representatives of Indian tribes;
181
(B) a representative of the Federal Aviation
Administration; and
(C) a representative of the National Park
Service.
(2) EX OFFICIO MEMBERS.—The Administrator
(or the designee of the Administrator) and the Direc-
tor (or the designee of the Director) shall serve as ex
officio members.
(3) CHAIRPERSON.—The representative of the
Federal Aviation Administration and the representa-
tive of the National Park Service shall serve alter-
nating 1-year terms as chairman of the advisory
group, with the representative of the Federal Aviation
Administration serving initially until the end of the
calendar year following the year in which the advi-
sory group is first appointed.
(c) DUTIES.—The advisory group shall provide advice,
information, and recommendations to the Administrator
and the Director—
(1) on the implementation of this title and the
amendments made by this title;
(2) on commonly accepted quiet aircraft tech-
nology for use in commercial air tour operations over
national parks (including tribal lands), which will
182
receive preferential treatment in a given air tour
management plan;
(3) on other measures that might be taken to ac-
commodate the interests of visitors to national parks;
and
(4) at request of the Administrator and the Di-
rector, safety, environmental, and other issues related
to commercial air tour operations over a national
park (including tribal lands).
(d) COMPENSATION; SUPPORT; FACA.—
(1) COMPENSATION
AND
TRAVEL.—Members of
the advisory group who are not officers or employees
of the United States, while attending conferences or
meetings of the group or otherwise engaged in its
business, or while serving away from their homes or
regular places of business, may be allowed travel ex-
penses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service employed
intermittently.
(2) ADMINISTRATIVE
SUPPORT.—The Federal
Aviation Administration and the National Park
Service shall jointly furnish to the advisory group
clerical and other assistance.
183
(3) NONAPPLICATION OF FACA.—Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.)
does not apply to the advisory group.
SEC. 805. REPORTS.
(a) OVERFLIGHT FEE REPORT.—Not later than 180
days after the date of enactment of this Act, the Adminis-
trator shall transmit to Congress a report on the effects
overflight fees are likely to have on the commercial air tour
operation industry. The report shall include, but shall not
be limited to—
(1) the viability of a tax credit for the commer-
cial air tour operators equal to the amount of any
overflight fees charged by the National Park Service;
and
(2) the financial effects proposed offsets are likely
to have on Federal Aviation Administration budgets
and appropriations.
(b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not
later than 2 years after the date of enactment of this Act,
the Administrator and the Director shall jointly transmit
a report to Congress on the effectiveness of this title in pro-
viding incentives for the development and use of quiet air-
craft technology.
SEC. 806. EXEMPTIONS.
This title shall not apply to—
184
(1) any unit of the National Park System lo-
cated in Alaska; or
(2) any other land or water located in Alaska.
SEC. 807. DEFINITIONS.
In this title, the following definitions apply:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration.
(2) DIRECTOR.—The term ‘‘Director’’ means the
Director of the National Park Service.
TITLE IX—TRUTH IN BUDGETING
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Truth in Budgeting
Act’’.
SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIR-
WAY TRUST FUND.
Notwithstanding any other provision of law, the re-
ceipts and disbursements of the Airport and Airway Trust
Fund established by section 9502 of the Internal Revenue
Code of 1986—
(1) shall not be counted as new budget authority,
outlays, receipts, or deficit or surplus for purposes
of—
(A) the budget of the United States Govern-
ment as submitted by the President,
185
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein), or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) shall be exempt from any general budget lim-
itation imposed by statute on expenditures and net
lending (budget outlays) of the United States Govern-
ment.
SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT
OF AIRPORT AND AIRWAY TRUST FUND.
(a) IN GENERAL.—Subchapter I of chapter 471 is fur-
ther amended by adding at the end the following:
‘‘§ 47138. Safeguards against deficit spending
‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR-
IZATIONS AND NET AVIATION RECEIPTS.—Not later than
March 31 of each year, the Secretary of Transportation, in
consultation with the Secretary of the Treasury, shall
estimate—
‘‘(1) the amount which would (but for this sec-
tion) be the unfunded aviation authorizations at the
close of the first fiscal year that begins after that
March 31, and
186
‘‘(2) the net aviation receipts to be credited to
the Airport and Airway Trust Fund during the fiscal
year.
‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION
AUTHORIZATIONS.—If the Secretary of Transportation de-
termines for any fiscal year that the amount described in
subsection (a)(1) exceeds the amount described in subsection
(a)(2), the Secretary shall determine the amount of such
excess.
‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED
AUTHORIZATIONS EXCEED RECEIPTS.—
‘‘(1) DETERMINATION OF PERCENTAGE.—If the
Secretary determines that there is an excess referred
to in subsection (b) for a fiscal year, the Secretary
shall determine the percentage which—
‘‘(A) such excess, is of
‘‘(B) the total of the amounts authorized to
be appropriated from the Airport and Airway
Trust Fund for the next fiscal year.
‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If the
Secretary determines a percentage under paragraph
(1), each amount authorized to be appropriated from
the Airport and Airway Trust Fund for the next fis-
cal year shall be reduced by such percentage.
187
‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH-
HELD.—
‘‘(1) ADJUSTMENT
OF
AUTHORIZATIONS.—If,
after a reduction has been made under subsection
(c)(2), the Secretary determines that the amount de-
scribed in subsection (a)(1) does not exceed the
amount described in subsection (a)(2) or that the ex-
cess referred to in subsection (b) is less than the
amount previously determined, each amount author-
ized to be appropriated that was reduced under sub-
section (c)(2) shall be increased, by an equal percent-
age, to the extent the Secretary determines that it
may be so increased without causing the amount de-
scribed in subsection (a)(1) to exceed the amount de-
scribed in subsection (a)(2) (but not by more than the
amount of the reduction).
‘‘(2) APPORTIONMENT.—The Secretary shall ap-
portion amounts made available for apportionment
by paragraph (1).
‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap-
portioned under paragraph (2) shall remain available
for the period for which they would be available if
such apportionment took effect with the fiscal year in
which they are apportioned under paragraph (2).
188
‘‘(e) REPORTS.—Any estimate under subsection (a)
and any determination under subsection (b), (c), or (d)
shall be reported by the Secretary to Congress.
‘‘(f) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) NET AVIATION RECEIPTS.—The term ‘net
aviation receipts’ means, with respect to any period,
the excess of—
‘‘(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such pe-
riod, over
‘‘(B) the amounts to be transferred during
such period from the Airport and Airway Trust
Fund under section 9502(d) of the Internal Rev-
enue Code of 1986 (other than paragraph (1)
thereof).
‘‘(2) UNFUNDED
AVIATION
AUTHORIZATIONS.—
The term ‘unfunded aviation authorization’ means, at
any time, the excess (if any) of—
‘‘(A) the total amount authorized to be ap-
propriated from the Airport and Airway Trust
Fund which has not been appropriated, over
‘‘(B) the amount available in the Airport
and Airway Trust Fund at such time to make
such appropriation (after all other unliquidated
189
obligations at such time which are payable from
the Airport and Airway Trust Fund have been
liquidated).’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 471 is further amended by adding at
the end the following:
‘‘47138. Safeguards against deficit spending.’’.
SEC. 904. APPLICABILITY.
This title (including the amendments made by this
Act) shall apply to fiscal years beginning after September
30, 2000.
TITLE X—ADJUSTMENT OF
TRUST FUND AUTHORIZATIONS
SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZA-
TIONS.
(a) IN GENERAL.—Part C of subtitle VII is amended
by adding at the end the following:
‘‘CHAPTER 483—ADJUSTMENT OF TRUST
FUND AUTHORIZATIONS
‘‘Sec.
‘‘48301. Definitions.
‘‘48302. Adjustments to align aviation authorizations with revenues.
‘‘48303. Adjustment to AIP program funding.
‘‘48304. Estimated aviation income.
‘‘§ 48301. Definitions
‘‘In this chapter, the following definitions apply:
190
‘‘(1) BASE YEAR.—The term ‘base year’ means
the second fiscal year before the fiscal year for which
the calculation is being made.
‘‘(2) AIP PROGRAM.—The term ‘AIP program’
means the programs for which amounts are made
available under section 48103.
‘‘(3) AVIATION INCOME.—The term ‘aviation in-
come’ means the tax receipts credited to the Airport
and Airway Trust Fund and any interest attributable
to the Fund.
‘‘§ 48302. Adjustment to align aviation authorizations
with revenues
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—Begin-
ning with fiscal year 2003, if the actual level of aviation
income for the base year is greater or less than the estimated
aviation income level specified in section 48304 for the base
year, the amounts authorized to be appropriated (or made
available) for the fiscal year under each of sections 106(k),
48101, 48102, and 48103 are adjusted as follows:
‘‘(1) If the actual level of aviation income for the
base year is greater than the estimated aviation in-
come level specified in section 48304 for the base year,
the amount authorized to be appropriated (or made
available) for such section is increased by an amount
determined by multiplying the amount of the excess
191
by the ratio for such section set forth in subsection
(b).
‘‘(2) If the actual level of aviation income for the
base year is less than the estimated aviation income
level specified in section 48304 for the base year, the
amount authorized to be appropriated (or made
available) for such section is decreased by an amount
determined by multiplying the amount of the shortfall
by the ratio for such section set forth in subsection
(b).
‘‘(b) RATIO.—The ratio referred to in subsection (a)
with respect to section 106(k), 48101, 48102, or 48103, as
the case may be, is the ratio that—
‘‘(1) the amount authorized to be appropriated
(or made available) under such section for the fiscal
year; bears to
‘‘(2) the total sum of amounts authorized to be
appropriated (or made available) under all of such
sections for the fiscal year.
‘‘(c) PRESIDENT’S BUDGET.—When the President sub-
mits a budget for a fiscal year under section 1105 of title
31, United States Code, the Director of the Office of Man-
agement and Budget shall calculate and the budget shall
report any increase or decrease in authorization levels re-
sulting from this section.
192
‘‘§ 48303. Adjustment to AIP program funding
‘‘On the effective date of a general appropriations Act
providing appropriations for a fiscal year beginning after
September 30, 2000, for the Federal Aviation Administra-
tion, the amount made available for a fiscal year under
section 48103 shall be increased by the amount, if any, by
which—
‘‘(1) the total sum of amounts authorized to be
appropriated under all of sections 106(k), 48101, and
48102 for such fiscal year, including adjustments
made under section 48302; exceeds
‘‘(2) the amounts appropriated for programs
funded under such sections for such fiscal year.
Any contract authority made available by this section shall
be subject to an obligation limitation.
‘‘§ 48304. Estimated aviation income
‘‘For purposes of section 48302, the estimated aviation
income levels are as follows:
‘‘(1) $10,734,000,000 for fiscal year 2001.
‘‘(2) $11,603,000,000 for fiscal year 2002.
‘‘(3) $12,316,000,000 for fiscal year 2003.
‘‘(4) $13,062,000,000 for fiscal year 2004.’’.
(b) CONFORMING AMENDMENT.—The table of chapters
for subtitle VII of such title is amended by inserting after
the item relating to chapter 482 the following:
‘‘483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS ............. 48301’’.
193
SEC. 1002. BUDGET ESTIMATES.
Upon the enactment of this Act, the Director of the
Office of Management and Budget shall not make any esti-
mates under section 252(d) of the Balanced Budget and
Emergency Deficit Control Act of 1985 of changes in direct
spending outlays and receipts for any fiscal year resulting
from this title and title IX, including the amendments made
by such titles.
SEC. 1003. SENSE OF CONGRESS ON FULLY OFFSETTING IN-
CREASED AVIATION SPENDING.
It is the sense of Congress that—
(1) air passengers and other users of the air
transportation system pay aviation taxes into a trust
fund dedicated solely to improve the safety, security,
and efficiency of the aviation system;
(2) from fiscal year 2001 to fiscal year 2004, air
passengers and other users will pay more than $14.3
billion more in aviation taxes into the Airport and
Airway Trust Fund than the concurrent resolution on
the budget for fiscal year 2000 provides from such
Fund for aviation investment under historical fund-
ing patterns;
(3) the Aviation Investment and Reform Act for
the 21st Century provides $14.3 billion of aviation
investment above the levels assumed in that budget
resolution for such fiscal years; and
194
(4) this increased funding will be fully offset by
recapturing unspent aviation taxes and reducing the
$778 billion general tax cut assumed in that budget
resolution by the appropriate amount.