Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
PL 106-181 (H.R.1000), enacted 04/05/2000

PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 61 
Public Law 106-181 
106th Congress 
An Act 
To amend title 49, United States Code, to reauthorize programs of the Federal 
Apr. 5, 2000 
Aviation Administration, and for other purposes. 
[H.R. 1000] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Wendell H. Ford 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
fnvestment and 
(a) SHORT TITLE.—This Act may be cited as the "Wendell H. 
fhe°2St1?entiry 
Ford Aviation Investment and Reform Act for the 21st Century^'. 49 usc 40101 
(b) TABLE OF CONTENTS.—The table of contents for this Act note. 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to title 49, United States Code. 
Sec. 3. Applicability. 
Sei. 4. Definitions. 
TITLE I—AIRPORT AND AIRWAY IMPROVEMENTS 
Subtitle A—Funding 
Sec. 101. Airport improvement program. 
Sec. 102. Airway facilities improvement program. 
Sec. 103. FAA operations. 
Sec. 104. AIP formula changes. 
Sec. 105. Passenger facility fees. 
Sec. 106. Funding for aviation programs. 
Sec. 107. Adjustment to AIP program funding. 
Sec. 108. Reprogramming notification requirement. 
Subtitle B—Airport Development 
Sec. 121. Runway incursion prevention devices and emergency call boxes. 
Sec. 122. Windshear detection equipment and adjustable lighting extensions. 
Sec. 123. Pavement maintenance. 
Sec. 124. Enhanced vision technologies. 
Sec. 125. Public notice before waiver with respect to land. 
Sec. 126. Matching share. 
Sec. 127. Letters of intent. 
Sec. 128. Grants from small airport fund. 
Sec. 129. Discretionary use of unused apportionments. 
Sec. 130. Designating current and former military airports. 
Sec. 131. Contract tower cost-sharing. 
Sec. 132. Innovative use of airport grant funds. 
Sec. 133. Inherently low-emission airport vehicle pilot program. 
Sec. 134. Airport security program. 
Sec. 135. Technical amendments. 
Sec. 136. Conveyances of airport property for public airports. 
Sec. 137. Intermodal connections. 
Sec. 138. State block grant program. 
Sec. 139. Design-build contractmg. 
Subtitle C—Miscellaneous 
Sec. 151. Treatment of certain facilities as airport-related projects. 
Sec. 152. Terminal development costs. 
Sec. 153. Continuation of ILS inventory program. 
79-194 O - 00 - 4 : QL 3 Part 1 
114 STAT. 62 
PUBLIC LAW 106-181—APR. 5, 2000 
Sec. 154. Aircraft noise primarily caused by military aircraft. 
Sec. 155. Competition plans. 
Sec. 156. Alaska rural aviation improvement. 
Sec. 157. Use of recycled materials. 
Sec. 158. Construction of runways. 
Sec. 159. Notice of grants. 
Sec. 160. Airfield pavement conditions. 
Sec. 161. Report on efforts to implement capacity enhancements. 
Sec. 162. Prioritization of discretionary projects. 
Sec. 163. Continuation of reports. 
TITLE II—AIRLINE SERVICE IMPROVEMENTS 
Subtitle A—Small Communities 
Sec. 201. Policy for air service to rural areas. 
Sec. 202. Waiver of local contribution. 
Sec. 203. Improved air carrier service to airports not receiving sufficient service. 
Sec. 204. Preservation of essential air service at single carrier dominated hub 
airports. 
Sec. 205. Determination of distance from hub airport. 
Sec. 206. Report on essential air service. 
Sec. 207. Marketing practices. 
Sec. 208. Definition of eligible place. 
Sec. 209. Maintaining the integrity of the essential air service program. 
Sec. 210. Regional jet service for small communities. 
Subtitle B—^Airline Customer Service 
Sec. 221. Consumer notification of E-ticket expiration dates. 
Sec. 222. Increased penalty for violation of aviation consumer protection laws. 
Sec. 223. Funding oi enforcement of airline consumer protections. 
Sec. 224. Airline customer service reports. 
Sec. 225. Increased financial responsibility for lost baggage. 
Sec. 226. Comptroller General investigation. 
Sec. 227. Airline service quality performance reports. 
Sec. 228. National Commission To Ensure Consumer Information and Choice in the 
Airline Industry. 
Subtitle C—Competition 
Sec. 231. Changes in, and phase-out of, slot rules. 
TITLE III—FAA MANAGEMENT REFORM 
Sec. 301. Air traffic control system defined. 
Sec. 302. Air traffic control oversight. 
Sec. 303. Chief Operating Officer. 
Sec. 304. Pilot program to permit cost-sharing of air traffic modernization projects. 
Sec. 305. Clarification of regulatory approval process. 
Sec. 306. Failure to meet rulemaking deadline. 
Sec. 307. FAA personnel and acquisition management systems. 
Sec. 308. Right to contest adverse personnel actions. 
Sec. 309. Independent study of FAA costs and allocations. 
Sec. 310. Environmental review of airport improvement projects. 
Sec. 311. Cost allocation system. 
Sec. 312. Report on modernization of oceanic ATC system. 
TITLE IV—FAMILY ASSISTANCE 
Sec. 401. Responsibilities of National Transportation Safety Board. 
Sec. 402. Air carrier plans. 
Sec. 403. Foreign air carrier plans. 
Sec. 404. Death on the high seas. 
TITLE V—SAFETY 
Sec. 501. Airplane emergency locators. 
Sec. 502. Cargo collision avoidance systems deadlines. 
Sec. 503. Landfills interfering with air commerce. 
Sec. 504. Life-limited aircraft parts. 
Sec. 505. Counterfeit aircraft parts. 
Sec. 506. Prevention of frauds involving aircraft or space vehicle parts in interstate 
or foreign air commerce. 
Sec. 507. Transporting of hazardous material. 
Sec. 508. Employment investigations and restrictions. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 63 
Sec. 509. Criminal penalty for pilots operating in air transportation without an 
airman's certificate. 
Sec. 510. Flight operations quality assurance rules. 
Sec. 511. Penalties for unruly passengers. 
Sec. 512. Deputizing of State and local law enforcement officers. 
Sec. 513. Air transportation oversight system. 
Sec. 514. Runway safety areas. 
Sec. 515. Precision approach path indicators. 
Sec. 516. Aircraft dispatchers. 
Sec. 517. Improved training for airframe and powerplant mechanics. 
Sec. 518. Small airport certification. 
Sec. 519. Protection of employees providing air safety information. 
Sec. 520. Occupational injuries of airport workers. 
TITLE VI—TRANSFER OF AERONAUTICAL CHARTING ACTIVITY 
Sec. 601. Transfer of functions, powers, and duties. 
Sec. 602. Transfer of office, personnel and funds. 
Sec. 603. Amendment of title 49, United States Code. 
Sec. 604. Savings provision. 
Sec. 605. National ocean survey. 
* 
Sec. 606. Sale and distribution of nautical and aeronautical products by NOAA. 
Sec. 607. Procurement of private enterprise mapping, charting, and geographic 
information systems. 
TITLE VII—MISCELLANEOUS PROVISIONS 
Sec. 701. Duties and powers of Administrator. 
Sec. 702. Public aircraft. 
Sec. 703. Prohibition on release of offeror proposals. 
Sec. 704. FAA evaluation of long-term capital leasing. 
Sec. 705. Severable services contracts for periods crossing fiscal years. 
Sec. 706. Prohibitions on discrimination. 
Sec. 707. Discrimination against handicapped individuals. 
Sec. 708. Prohibitions against smoking on scheduled flights. 
Sec. 709. Joint venture agreement. 
Sec. 710. Reports by carriers on incidents involving animals during air transport. 
Sec. 711. Extension of war risk insurance program. 
Sec. 712. General facilities and personnel authority. 
Sec. 713. Human factors program. 
Sec. 714. Implementation of Article 83 bis of the Chicago Convention. 
Sec. 715. Public availability of airmen records. 
Sec. 716. Review process for emergency orders. 
Sec. 717. Grovemment and industry consortia. 
Sec. 718. Passenger manifest. 
'' 
Sec. 719. Cost recovery for foreign aviation services. 
Sec. 720, Technical corrections to civil penalty provisions. 
Sec. 721. Waiver under Airport Noise and Capacity Act. 
Sec. 722. Land use compliance report. 
Sec. 723. Charter airlines. 
Sec. 724. Credit for emergency services provided. 
Sec. 725. Passenger cabin air quality. 
Sec. 726. Standards for aircraft and aircraft engines to reduce noise levels. 
Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration project. 
Sec. 728. Automated surface observation system stations. 
Sec. 729. Aircraft situational display data. 
Sec. 730. Elimination of backlog of equal employment opportunity complaints. 
Sec. 731. Grant of easement, Los Angeles, California. 
Sec. 732. Regulation of Alaska guide pilots. 
Sec. 733. National Transportation Data Center of Excellence. 
Sec. 734. Aircraft repair and maintenance advisory panel. 
Sec. 735. Operations of air taxi industry. 
Sec. 736. National airspace redesign. 
Sec. 737. Compliance with requirements. 
Sec. 738. FAA consideration of certain State proposals. 
Sec. 739. Cincinnati-Municipal Blue Ash Airport. 
Sec. 740. Authority to sell aircraft and aircraft parts for use in responding to oil 
spills. 
Sec. 741. Discriminatory practices by computer reservations systems outside the 
United States. 
Sec. 742. Specialty metals consortium. 
Sec. 743. Alkali silica reactivity distress. 
Sec. 744. Rolling stock equipment. 
114 STAT. 64 
PUBLIC LAW 106-181—APR. 5, 2000 
Sec. 745. General Accounting Office airport noise study. 
Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona. 
Sec. 747. Nonmilitary helicopter noise. 
Sec. 748. Newport News, Virginia. 
Sec. 749. Authority to waive terms of deed of conveyance, Yavapai County, Arizona. 
Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, Arizona. 
Sec. 751. Conveyance of airport property to an institution of higher education in 
Oklahoma. 
Sec. 752. Former airfield lands, Grant Parish, Louisiana. 
Sec. 753. Raleigh County, West Virginia, Memorial Airport. 
Sec. 754. Iditarod area school district. 
Sec. 755. Alternative power sources for flight data recorders and cockpit voice 
recorders. 
Sec. 756. Terminal automated radar display and information system. 
Sec. 757. Streamlining seat and restraint system certification process and dynamic 
testing requirements. 
Sec. 758. Expressing the sense of the Senate concerning air traffic over northern 
Delaware. 
Sec. 759. Post Free Flight Phase I activities. 
Sec. 760. Sense of the Congress regarding protecting the frequency spectrum used 
for aviation communication. 
Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, Alaska. 
Sec. 762. Bilateral relationship. 
TITLE VIII—NATIONAL PARKS AIR TOUR MANAGEMENT 
Sec. 801. Short title. 
Sec. 802. Findings. 
Sec. 803. Air tour management plans for national parks. 
Sec. 804. Quiet aircraft technology for Grand Canyon. 
Sec. 805. Advisory group. 
Sec. 806. Prohibition of commercial air tour operations over the Rocky Mountain 
National Park. 
Sec. 807. Reports. 
Sec. 808. Methodologies used to assess air tour noise. 
Sec. 809. Alaska exemption. 
TITLE IX—FEDERAL AVIATION RESEARCH, ENGINEERING, AND 
DEVELOPMENT 
Sec. 901. Authorization of appropriations. 
Sec. 902. Integrated national aviation research plan. 
Sec. 903. Internet availability of information. 
Sec. 904. Research on nonstructural aircraft systems. 
Sec. 905. Research program to improve airfield pavements. 
Sec. 906. Evaluation of research funding techniques. 
TITLE X—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 
EXPENDITURE AUTHORITY 
Sec. 1001. Extension of expenditure authority. 
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 
Except as otherwise specifically provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision of law, the reference 
shall be considered to be made to a section or other provision 
of title 49, United States Code. 
49 u s e 106 note. 
SEC. 3. APPLICABILITY. 
Except as otherwise specifically provided, this Act and the 
amendments made by this Act shall apply only to fiscal years 
beginning after September 30, 1999. 
49 u s e 40102 
SEC. 4. DEFINITIONS. 
Except as otherwise provided in this Act, the following defini-
tions apply: 
(1) ADMINISTRATOR.—The term "Administrator" means the 
Administrator of the Federal Aviation Administration. 
(2) SECRETARY.—The term "Secretary" means the Secretary 
of Transportation. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 65 
TITLE I—AIRPORT AND AIRWAY 
IMPROVEMENTS 
Subtitle A—Funding 
SEC. 101. AIRPOET IMPROVEMENT PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48103 is 
amended by striking "shall be" the last place it appears and all 
that follows and inserting the following: "shall be— 
"(1) $2,410,000,000 for fiscal year 1999; 
"(2) $2,475,000,000 for fiscal year 2000; 
"(3) $3,200,000,000 for fiscal year 2001; 
"(4) $3,300,000,000 for fiscal year 2002; and 
"(5) $3,400,000,000 for fiscal year 2003. 
Such sums shall remain available until expended.". 
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended 
by striking "After" and all that follows through "1999," and inserting 
"After September 30, 2003,". 
(c) REIMBURSEMENT.—Upon enactment of this Act, amounts 
for administration funded by the appropriation for "Federal Aviation 
Administration, Operations", pursuant to the third proviso under 
the heading "Grants-in-Aid for Airports (Liquidation of Contract 
Authorization) (Airport and Airway Trust Fund)" in the Department 
of Transportation and Related Agencies Appropriations Act, 2000, 
may be reimbursed from funds limited under such heading. 
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM. 
(a) GENERAL AUTHORIZATION AND APPROPRIATIONS.—Section 
48101(a) is amended by striking paragraphs (1), (2), and (3) and 
inserting the following: 
"(1) $2,131,000,000 for fiscal year 1999. 
"(2) $2,689,000,000 for fiscal year 2000. 
"(3) $2,656,765,000 for fiscal year 2001. 
"(4) $2,914,000,000 for fiscal year 2002. 
"(5) $2,981,022,000 for fiscal year 2003.". 
(b) UNIVERSAL ACCESS SYSTEMS.—Section 48101 is amended 
by adding at the end the following: 
"(d) UNIVERSAL ACCESS SYSTEMS.—Of the amounts appro-
priated under subsection (a) for fiscal year 2001, $8,000,000 may 
be used for the voluntary purchase and installation of universal 
access systems.". 
(c) ALASKA NATIONAL AIR SPACE COMMUNICATIONS SYSTEM.— 
Section 48101 is further amended by adding at the end the fol-
lowing: 
"(e) ALASKA NATIONAL AIR SPACE COMMUNICATIONS SYSTEM.— 
Of the amounts appropriated under subsection (a) for fiscal year 
2001, $7,200,000 may be used by the Administrator of the Federal 
Aviation Administration for the Alaska National Air Space Inter-
facility Communications System if the Administrator issues a report 
supporting the use of such funds for the System.". 
(d) AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED 
WEATHER OBSERVING SYSTEM UPGRADE.—Section 48101 is further 
amended by adding at the end the following: 
114 STAT. 66 
PUBLIC LAW 106-181—APR. 5, 2000 
"(f) AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED 
WEATHER OBSERVING SYSTEM UPGRADE.—Of the amounts appro-
priated under subsection (a) for fiscal years beginning after Sep-
tember 30, 2000, such sums as may be necessary for the 
implementation and use of upgrades to the current automated 
surface observation system/automated weather observing system, 
if the upgrade is successfully demonstrated.". 
(e) LIFE-CYCLE COST ESTIMATES.—Section 48101 is further 
amended by adding at the end the following: 
"(g) LIFE-CYCLE COST ESTIMATES.—The Administrator of the 
Federal Aviation Administration shall establish life-cycle cost esti-
mates for any air traffic control modernization project the total 
life-cycle costs of which equal or exceed $50,000,000.". 
SEC. 103. FAA OPERATIONS. 
(a) IN GENERAL.—Section 106(k) is amended to read as follows: 
"(k) AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.— 
"(1) IN GENERAL.—There is authorized to be appropriated 
to the Secretary of Transportation for operations of the 
Administration— 
"(A) such sums as may be necessary for fiscal year 
2000; 
"(B) $6,592,235,000 for fiscal year 2001; 
"(C) $6,886,000,000 for fiscal year 2002; and 
"(D) $7,357,000,000 for fiscal year 2003. 
Such sums shall remain available until expended. 
"(2) AUTHORIZED EXPENDITURES.—Out of amounts appro-
priated under paragraph (1), the following expenditures are 
authorized: 
"(A) $450,000 for each of fiscal years 2000 through 
2003 for wildlife hazard mitigation measures and manage-
ment of the wildlife strike database of the Federal Aviation 
Administration. 
"(B) $9,100,000 for the 3-fiscal-year period beginning 
with fiscal year 2001 to support a university consortium 
established to provide an air safety and security manage-
ment certificate program, working cooperatively with the 
Federal Aviation Administration and United States air car-
riers, except that funds under this subparagraph— 
"(i) may not be used for the construction of a 
building or other facility; and 
"(ii) may only be awarded on the basis of open 
competition. 
"(C) Such sums as may be necessary for fiscal years 
2000 through 2003 to support infrastructure 
systems 
development for both general aviation and the vertical 
flight industry. 
"(D) Such sums as may be necessary for fiscal years 
2000 through 2003 to establish helicopter approach proce-
dures using current technologies (such as the Global Posi-
tioning System) to support all-weather, emergency medical 
service for trauma patients. 
"(E) Such sums as may be necessary for fiscal years 
2000 through 2003 to revise existing terminal and en route 
procedures and instrument flight rules to facilitate the 
takeoff, flight, and landing of tiltrotor aircraft and to 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 67 
improve the national airspace system by separating such 
aircraft from congested flight paths of fixed-wing aircraft. 
"(F) $3,300,000 for fiscal year 2000 and $3,000,000 
for each of fiscal years 2001 through 2003 to implement 
the 1998 airport surface operations safety action plan of 
the Federal Aviation Administration. 
"(G) $9,100,000 for fiscal year 2001 to support air 
safety efforts through payment of United States member-
ship obligations 
in the 
International 
Civil 
Aviation 
Organization, to be paid as soon as practicable. 
"(H) Such sums as may be necessary for fiscal years 
2000 through 2003 for the Secretary to hire additional 
inspectors in order to enhance air cargo security programs. 
"(I) Such sums as may be necessary for fiscal years 
2000 through 2003 to develop and improve training pro-
grams (including model training programs and curriculum) 
for security screening personnel at airports that will be 
used by airlines to meet regulatory requirements relating 
to the training and testing of such personnel.", 
(b) OFFICE OF AIRLINE INFORMATION.—There is authorized to 49 use in note. 
be appropriated from the Airport and Airway Trust Fund to the 
Secretary $4,000,000 for fiscal years beginning after September 
30, 2000, to fund the activities of the Office of Airline Information 
in the Bureau of Transportation Statistics of the Department of 
Transportation. 
SEC. 104. AIP FORMULA CHANGES. 
(a) AMOUNTS APPORTIONED TO SPONSORS.— 
(1) AMOUNTS TO BE APPORTIONED.—Section 47114(c)(1) is 
amended— 
(A) in subparagraph (B) by striking "$500,000" and 
inserting "$650,000"; and 
(B) by adding at the end the following: 
"(C) SPECIAL RULE.—In any fiscal year in which the 
total amount made available under section 48103 is 
$3,200,000,000 or more— 
"(i) the amount to be apportioned to a sponsor 
under subparagraph (A) shall be increased by doubling 
the amount that would otherwise be apportioned; 
"(ii) the minimum apportionment to a sponsor 
under subparagraph (B) shall be $1,000,000 rather 
than $650,000; and 
"(iii) the maximum apportionment to a sponsor 
under subparagraph (B) shall be $26,000,000 rather 
than $22,000,000. 
"(D) NEW AIRPORTS.—Notwithstanding subparagraph 
(A), the Secretary 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 subpara-
graph (B) or (C), as appropriate, to the sponsor of such 
airport. 
"(E) USE OF PREVIOUS FISCAL YEAR'S APPORTIONMENT.— 
Notwithstanding subparagraph (A), the Secretary may 
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— 
114 STAT. 68 
PUBLIC LAW 106-181—APR. 5, 2000 
"(i) passenger boardings at the airport fell below 
10,000 in the calendar year used to calculate the appor-
tionment; 
"(ii) the airport had at least 10,000 passenger 
boardings in the calendar year prior to the calendar 
year used to calculate apportionments to airport spon-
sors in a fiscal year; and 
"(iii) the cause of the shortfall in passenger 
boardings was a temporary but significant interruption 
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 
affected airport.". 
(2) 
CONFORMING AMENDMENTS.—Section 
47114(c)(1) is 
amended— 
(A) by striking "(1)(A) The Secretary" and inserting 
the following: 
"(1) PRIMARY AIRPORTS.— 
"(A) APPORTIONMENT.—The Secretary"; 
(B) in subparagraph (B) by striking "(B) Not less" 
and inserting the following: 
"(B) MINIMUM AND MAXIMUM APPORTIONMENTS.—Not 
less"; and 
(C) by aligning the left margin of subparagraph (A) 
(including clauses (i) through (v)) and subparagraph (B) 
with subparagraphs (C) and (D) (as added by paragraph 
(1)(B) of this subsection). 
(b) CARGO ONLY AIRPORTS.—Section 47114(c)(2) is amended— 
(1) m subparagraph (A) by striking "2.5 percent" and 
inserting "3 percent"; and 
(2) in subparagraph (C) by striking "Not more than" and 
inserting "In any fiscal year in which the total amount made 
available under section 48103 is less than $3,200,000,000, not 
more than". 
(c) ENTITLEMENT FOR GENERAL AVIATION AIRPORTS.—Section 
47114(d) is amended to read as follows: 
"(d) AMOUNTS APPORTIONED FOR GENERAL AVIATION AIR-
PORTS.— 
"(1) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
"(A) AREA.—The term 'area' includes land and water. 
"(B) POPULATION.—The term 'population' means the 
population stated in the latest decennial census of the 
United States. 
"(2) APPORTIONMENT.—Except as provided in paragraph 
(3), the Secretary shall apportion to the States 18.5 percent 
of the amount subject to apportionment for each fiscal year 
as follows: 
"(A) 0.66 percent of the apportioned amount to Guam, 
American Samoa, the Northern Mariana Islands, and the 
Virgin Islands. 
"(B) Except as provided in paragraph (4), 49.67 percent 
of the apportioned amount for airports, excluding primary 
airports but including reliever and nonprimary commercial 
service airports, in States not named in subparagraph (A) 
in the proportion that the population of each of those 
States bears to the total population of all of those States. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 69 
"(C) Except as provided in paragraph (4), 49.67 percent 
of the apportioned amount for airports, excluding primary 
airports but including reliever and nonprimary commercial 
service airports, in States not named in subparagraph (A) 
in the proportion that the area of each of those States 
bears to the total area of all of those States. 
"(3) SPECIAL RULE.—In any fiscal year in which the total 
amount made available under section 48103 is $3,200,000,000 
or more, rather than making an apportionment under para-
graph (2), the Secretary shall apportion 20 percent of the 
amount subject to apportionment for each fiscal year as follows: 
"(A) To each airport, excluding primary airports but 
including reliever and nonprimary commercial service air-
ports, in States the lesser of^ 
"(i) $150,000; or 
"(ii) Vs of the most recently published estimate 
of the 5-year costs for airport improvement for the 
airport, as listed in the national plan of integrated 
airport systems developed by the Federal Aviation 
Administration 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 Islands, and the Virgin Islands. 
"(ii) Except as provided in paragraph (4), 49.69 
percent of the remaining amount for airports, excluding 
primary airports but including reliever and nonprimary 
commercial service airports, in States not named in 
clause (i) in the proportion that the population of each 
of those States bears to the total population of all 
of those States. 
"(iii) Except as provided in paragraph (4), 49.69 
percent of the remaining amount for airports, excluding 
primary airports but including reliever and nonprimary 
commercial 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. 
"(4) AIRPORTS IN ALASKA, PUERTO RICO, AND HAWAII.—An 
amount apportioned under paragraph (2) or (3) to Alaska, 
Puerto Rico, or Hawaii for airports in such State may be made 
available by the Secretary for any public airport in those respec-
tive jurisdictions. 
"(5) USE OF STATE HIGHWAY SPECIFICATIONS.— 
"(A) IN GENERAL.—The Secretary may permit the use 
of State highway specifications for airfield 
pavement 
construction using funds made available under this sub-
section at nonprimary airports with runways of 5,000 feet 
or shorter serving aircraft that do not exceed 60,000 pounds 
gross weight if the Secretary determines that— 
"(i) safety will not be negatively affected; and 
"(ii) the life of the pavement will not be shorter 
than it would be if constructed using Administration 
standards. 
"(B) LIMITATION.—An airport may not seek funds under 
this subchapter for runway rehabilitation or reconstruction 
114 STAT. 70 
PUBLIC LAW 106-181—APR. 5, 2000 
of any such airfield pavement constructed using State high-
way specifications for a period of 10 years after construction 
is completed unless the Secretary determines that the 
rehabilitation or reconstruction is required for safety rea-
sons. 
"(6) 
INTEGRATED AIRPORT SYSTEM PLANNING.—-Notwith-
standing any other provision of this subsection, funds made 
available under this subsection may be used for integrated 
airport system planning that encompasses one or more primary 
airports.". 
(d) 
SUPPLEMENTAL 
APPORTIONMENT FOR ALASKA.—Section 
47114(e) is amended— 
(1) in the subsection heading by striking "ALTERNATIVE" 
and inserting "SUPPLEMENTAL"; 
(2) in paragraph (1)— 
(A) by striking "Instead of apportioning amounts for 
airports in Alaska under" and inserting "IN GENERAL.— 
Notwithstanding"; and 
(B) by striking "those airports" and inserting "airports 
in Alaska"; 
(3) in paragraph (2) by inserting "AUTHORITY FOR DISCRE-
TIONARY GRANTS.—" before "This subsection"; 
(4) by striking paragraph (3) and inserting the following: 
"(3) AIRPORTS ELIGIBLE FOR FUNDS.—An amount appor-
tioned under this subsection may be used for any public airport 
in Alaska. 
"(4) SPECIAL RULE.—In any fiscal year in which the total 
amount made available under section 48103 is $3,200,000,000 
or more, the amount that may be apportioned for airports 
in Alaska under paragraph (1) shall be increased by doubling 
the amount that would otherwise be apportioned."; and 
(5) by indenting paragraph (1) and aligning paragraph 
(1) (and its subparagraphs) and paragraph (2) with paragraphs 
(3) and (4) (as added by paragraph (4) of this subsection). 
(e) GRANTS FOR AIRPORT NOISE COMPATIBILITY PLANNING.— 
Section 47117(e)(1)(A) is amended by striking "31 percent" each 
place it appears and inserting "34 percent". 
(f) GRANTS FOR RELIEVER AIRPORTS.—Section 47117(e)(1) is 
amended by adding at the end the following: 
"(C) In any fiscal year in which the total amount made 
available under section 48103 is $3,200,000,000 or more, at 
least two-thirds of 1 percent for grants to sponsors of reliever 
airports which have— 
"(i) more than 75,000 annual operations; 
"(ii) a runway with a minimum usable landing distance 
of 5,000 feet; 
"(iii) a precision instrument landing procedure; 
"(iv) a minimum number of aircraft, to be determined 
by the Secretary, based at the airport; and 
"(v) been designated by the Secretary as a reliever 
airport to an airport with 20,000 hours of annual delays 
in commercial passenger aircraft takeoffs and landings.". 
(g) REPEAL OF APPORTIONMENT LIMITATION ON COMMERCIAL 
SERVICE AIRPORTS IN ALASKA.—Section 47117 is amended by 
striking subsection (f) and by redesignating subsections (g) and 
(h) as subsections (f) and (g), respectively. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 71 
SEC. 105. PASSENGER FACILITY FEES. 
(a) AUTHORITY TO IMPOSE HIGHER FEE.—Section 40117(b) is 
amended by adding at the end the following: 
"(4) In lieu of authorizing a fee under paragraph (1), the Sec-
retary may authorize under this section an eligible agency to impose 
a passenger facility fee of $4.00 or $4.50 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 indebtedness 
incurred to carry out the project, if the Secretary finds— 
"(A) in the case of an airport that has more than .25 
percent of the total number of annual boardings in the United 
States, that the project will make a significant contribution 
to improving air safety and security, increasing competition 
among air carriers, reducing current or anticipated congestion, 
or reducing the impact of aviation noise on people living near 
the airport; and 
"(B) that the project cannot be paid for from funds reason-
ably expected to be available for the programs referred to 
in section 48103.". 
(b) 
LIMITATION ON APPROVAL OF CERTAIN APPLICATIONS.— 
Section 40117(d) is amended— 
(1) by striking "and" at the end of paragraph (2); 
(2) by striking the period at the end of paragraph (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 $3.00 for an eligible surface transportation or terminal 
project, the agency has made adequate provision for financing 
the airside needs of the airport, including runways, taxiways, 
aprons, and aircraft gates.". 
(c) 
REDUCING 
APPORTIONMENTS.—Section 
47114(f) 
is 
amended— 
(1) by striking "An amount" and inserting "(1) IN GEN-
ERAL.—Subject to paragraph (3), an amount"; 
(2) by striking "an amount equal to" and all that follows 
through the period at the end and inserting the following: 
"an amount equal to— 
"(A) in the case of a fee of $3.00 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 other-
wise would be apportioned under this section; and 
"(B) in the case of a fee of more than $3.00, 75 percent 
of the projected revenues from the fee in the fiscal year 
but not by more than 75 percent of the amount that other-
wise would be apportioned under this section."; 
(3) by adding at the end the following: 
"(2) EFFECTIVE DATE OF REDUCTION.—A reduction in 
an 
apportionment required by paragraph (1) shall not take effect 
until the first fiscal year following the year in which the collec-
tion of the fee imposed under section 40117 is begun. 
"(3) SPECIAL RULE FOR TRANSITIONING AIRORTS.— 
"(A) IN GENERAL.—Beginning with the fiscal year fol-
lowing the first calendar year in which the sponsor of 
an airport has more than .25 percent of the total number 
of boardings in the United States, the sum of the amount 
114 STAT. 72 
PUBLIC LAW 106-181—APR. 5, 2000 
that would be apportioned under this section after appHca-
tion of paragraph (1) in a fiscal year to such sponsor 
and the projected revenues to be derived from the fee 
in such fiscal year shall not be less than the sum of the 
apportionment to such airport for the preceding fiscal year 
and the revenues derived from such fee in the preceding 
fiscal year. 
"(B) EFFECTIVE PERIOD.—Subparagraph (A) shall be 
in effect for fiscal years 2000 through 2003."; and 
(4) by aligning paragraph (1) of such section (as designated 
by paragraph (1) of this section) with paragraph (2) of such 
section (as added by paragraph (3) of this section). 
49 use 48101 
SEC. 106. FUNDING FOR AVIATION PROGRAMS. 
"° ^' 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.— 
(A) IN GENERAL.—The total budget resources made 
available from the Airport and Airway Trust Fund each 
fiscal year through fiscal year 2003 pursuant to sections 
48101, 48102, 48103, and 106(k) of title 49, United States 
Code, shall be equal to the level of receipts plus interest 
credited to the Airport and Airway Trust Fund for that 
fiscal year. Such amounts may be used only for aviation 
investment programs listed in subsection (b). 
(B) GUARANTEE.—No funds may be appropriated or 
limited for aviation investment programs listed in sub-
section (b) unless the amount described in subparagraph 
(A) has been provided. 
(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM 
THE 
GENERAL FUND.—In any fiscal year through fiscal year 
2003, if the amount described in paragraph (1) is appropriated, 
there is further authorized to be appropriated from the general 
fund of the Treasury such sums as may be necessary for the 
Federal Aviation Administration Operations account. 
(b) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) TOTAL BUDGET RESOURCES.—The term "total budget 
resources" means the total amount made available from the 
Airport and Airway Trust Fund for the sum of obligation limita-
tions and budget authority made available for a fiscal year 
for the following budget accounts that are subject to the obliga-
tion limitation on contract authority provided in this Act and 
for which appropriations are provided pursuant to authoriza-
tions contained in this Act: 
(A) 69-8106-0-7-402 (Grants in Aid for Airports). 
(B) 69-8107-0-7-402 (Facilities and Equipment). 
(C) 69-8108-0-7-402 (Research and Development). 
(D) 69-8104-0-7-402 (Trust Fund Share of Oper-
ations). 
(2) LEVEL OF RECEIPTS PLUS INTEREST.—The term "level 
of receipts plus interest" means the level of excise taxes and 
interest credited to the Airport and Airway Trust Fund under 
section 9502 of the Internal Revenue Code of 1986 for a fiscal 
year as set forth in the President's budget baseline projection 
as defined in section 257 of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99-177) (Treasury 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 73 
identification code 20-8103-0-7-402) for that fiscal year sub-
mitted pursuant to section 1105 of title 31, United States 
Code. 
(c) ENFORCEMENT OF GUARANTEES.— 
(1) TOTAL AIRPORT AND AIRWAY TRUST FUND FUNDING.— 
It shall not be in order in the House of Representatives or 
the Senate to consider any bill, joint resolution, amendment, 
motion, or conference report that would cause total budget 
resources in a fiscal year for aviation investment programs 
described in subsection (b) to be less than the amount required 
by subsection (a)(1)(A) for such fiscal year. 
(2) CAPITAL PRIORITY.—It shall not be in order in the House 
of Representatives or the Senate to consider any bill, joint 
resolution, amendment, motion, or conference report that pro-
vides an appropriation (or any amendment thereto) for any 
fiscal year through fiscal year 2003 for Research and Develop-
ment or Operations if the sum of the obligation limitation 
for Grants-in-Aid for Airports and the appropriation for Facili-
ties and Equipment for such fiscal year is below the sum 
of the authorized levels for Grants-in-Aid for Airports and 
for Facilities and Equipment for such fiscal year. 
(d) CONFORMING AMENDMENT.—Section 48104 is amended— 
(1) by striking "Except as provided in this section," in 
subsection (a); and 
(2) by striking subsections (b) and (c). 
SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING. 
(a) IN GENERAL.—Chapter 481 is amended by adding at the 
end the following: 
"§ 48112. 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 Administration, the amount made available 
for a fiscal year under section 48103 shall be increased by the 
amount, if any, by which— 
"(1) the amount authorized to be appropriated under section 
48101 for such fiscal year; exceeds 
"(2) the amounts appropriated for programs funded under 
such section for such fiscal year. 
Any contract authority made available by this section shall be 
subject to an obligation limitation.". 
(b) CONFORMING AMENDMENT.—The analysis for such chapter 
is amended by adding at the end the following: 
"48112. Adjustment to AIP program funding.". 
SEC. 108. R E P R O G R A M M I N G NOTIFICATION REQUIREMENT. 
(a) IN GENERAL.—Chapter 481 is further amended by adding 
at the end the following: 
"§ 48113. Reprogramming notification requirement 
"Before reprogramming any amounts appropriated under sec-
tion 106(k), 48101(a), or 48103, for which notification of the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives is required, the Secretary of Transportation shall transmit 
a written explanation of the proposed reprogramming to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
114 STAT. 74 
PUBLIC LAW 106-181—APR. 5, 2000 
and the Committee on Transportation and Infrastructure of the 
House of Representatives.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 481 
is amended by adding at the end the following: 
"48113. Reprogramming notification requirement.". 
Subtitle B—^Airport Development 
SEC. 121. RUNWAY INCURSION PREVENTION DEVICES AND EMER-
GENCY CALL BOXES. 
(a) POLICY.—Section 47101(a)(ll) is amended by inserting 
"(including integrated in-pavement lighting systems for runways 
and taxiways and other runway and taxiway incursion prevention 
devices)" after "technology" the first place it appears. 
(b) MAXIMUM USE OF SAFETY FACILITIES.—Section 47101(f) is 
amended— 
(1) by striking "and" at the end of paragraph (9); 
(2) by striking the period at the end of paragraph (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 systems," and 
inserting ", universal access systems, and emergency call 
boxes,"; and 
(B) by inserting "and integrated in-pavement lighting 
systems for runways and taxiways and other runway and 
taxiway incursion prevention 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 surveil-
lance equipment if the airport is located in Alaska". 
SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE 
LIGHTING EXTENSIONS. 
Section 47102(3)(B) is 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 that is cer-
tified by the Administrator of the Federal Aviation 
Administration; 
"(viii) stainless steel adjustable lighting extensions 
approved by the Administrator; and". 
SEC. 123. 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. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 75 
(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 of the Federal Aviation Administration.". 
SEC. 124. ENHANCED VISION TECHNOLOGIES. 
(a) STUDY.—The Administrator shall enter into a cooperative 
research and development agreement to study the benefits of uti-
lizing enhanced vision technologies to replace, enhance, or add 
to conventional airport approach and runway lighting systems. 
(b) REPORT.—^Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall transmit to Congress 
a progress report on the work accomplished under the cooperative 
agreements detailing the evaluations performed to determine the 
potential of enhanced vision technology to meet the operational 
requirements of the intended application. 
(c) CERTIFICATION.—Not later than 180 days after the conclu-
sion of work under the research agreements, the Administrator 
shall transmit to Congress a report on the potential of enhanced 
vision technology to satisfy the operational requirements of the 
Federal Aviation Administration and a schedule for the development 
of performance standards for certification appropriate to the applica-
tion of the enhanced vision technologies. If the Administrator cer-
tifies an enhanced vision technology as meeting such performance 
standards, the technology shall be treated as a navigation aid 
or other aid for purposes of section 47102(3)(B)(i) of title 49, United 
States Code. 
SEC. 125. PUBLIC NOTICE BEFORE WAIVER WITH RESPECT TO LAND. 
(a) 
WAIVER 
OF GRANT 
ASSURANCE.—Section 
47107(h) 
is 
amended to read as follows: 
"(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH 
ADDITIONAL ASSURANCES.— 
"(1) IN GENERAL.—Subject to paragraph (2), before modi-
fying an assurance required of a person receiving a grant 
under this subchapter and in effect after December 29, 1987, 
or to require compliance with an additional assurance from 
the person, the Secretary of Transportation must— 
"(A) publish notice of the proposed modification in the 
Federal Register; and 
"(B) provide an opportunity for comment on the pro-
posal. 
"(2) PUBLIC NOTICE BEFORE WAIVER OF AERONAUTICAL LAND-
USE ASSURANCE.—Before modifying an assurance under sub-
section (c)(2)(B) that requires any property to be used for an 
aeronautical purpose, the Secretary must provide notice to the 
public not less than 30 days before making such modification.". 
(b) WAIVER OF CONDITION ON CONVEYANCE OF LAND.—Section 
47125(a) is amended by adding at the end the following: "Before 
waiving a condition that property be used for an aeronautical pur-
pose under the preceding sentence, the Secretary must provide 
notice to the public not less than 30 days before waiving such 
condition.". 
(c) SURPLUS PROPERTY.—Section 47151 is amended by adding 
at the end the following: 
49 u s e 44502 
note. 
Deadlines. 
Contracts. 
Federal Register, 
publication. 
Deadline. 
Deadline. 
114 STAT. 76 
PUBLIC LAW 106-181--APR. 5, 2000 
Deadline. 
Deadline. 
49 u s e 47107 
note. 
"(d) WAIVER OF CONDITION.—Before the Secretary may waive 
any condition imposed on an interest in surplus property conveyed 
under subsection (a) that such interest be used for an aeronautical 
purpose, the Secretary must provide notice to the public not less 
than 30 days before waiving such condition.". 
(d) WAIVER OF CERTAIN TERM.—Section 47153 is amended by 
adding at the end the following: 
"(c) PUBLIC NOTICE BEFORE WAIVER.—Notwithstanding sub-
sections (a) and (b), before the Secretary may waive any term 
imposed under this section that an interest in land be used for 
an aeronautical purpose, the Secretary must provide notice to the 
public not less than 30 days before waiving such term.". 
(e) LIMITATION.—Nothing in any amendment made by this sec-
tion shall be construed to authorize the Secretary to issue a waiver 
or make a modification referred to in such amendment. 
SEC. 126. MATCHING SHARE. 
Section 47109(a) is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(2) by inserting after paragraph (1) the following: 
"(2) not more than 90 percent for a project funded by 
a grant issued to and administered by a State under section 
47128, relating to the State block grant program;". 
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 require an 
eligible agency to impose a passenger facility fee under section 
40117 in order to obtain a letter of intent under this section.". 
SEC. 
1
2
8
. 
GRANTS 
FROM 
SMALL 
AIRPORT 
FUND. 
(a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPER-
ATING CERTIFICATES.—Section 47116 is amended by adding at the 
end the following: 
"(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPER-
ATING 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 $15,000,0(30 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 publica-
tion.". 
(b) NOTIFICATION OF SOURCE OF GRANT.—Section 47116 is fur-
ther amended by adding at the end the following: 
"(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever the Sec-
retary makes a grant under this section, the Secretary shall notify 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 77 
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 POWERED AIR-
CRAFT.—In making grants to sponsors described 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 percent."; and 
(3) by aligning the remainder of paragraph (1) (as des-
ignated by paragraph (1) of this subsection) with paragraph 
(2) (as added by paragraph (2) of this subsection). 
SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS. 
Section 47117(f) (as redesignated by section 104(g) 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 required 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 required 
to make grants for any purpose for which grants may be made 
under section 48103. The finding may be based on the notifica-
tions that the Secretary receives under section 47105(f) or 
on other information 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 apportion-
ment is not the last fiscal year of availability of the appor-
tionment under subsection (b), the Secretary shall restore 
to the apportionment an amount equal to the amount of 
the apportionment used under paragraph (1) for a discre-
tionary grant whenever a sufficient amount is made avail-
able under section 48103. 
"(B) PERIOD OF AVAILABILITY.—If restoration under this 
paragraph is made in the fiscal year for which the finding 
is made or the succeeding 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 restored shall remain avail-
able in accordance with subsection (b) for the original 
period of availability of the apportionment plus the number 
of fiscal years during which a sufticient amount was not 
available for the restoration. 
"(3) NEWLY AVAILABLE AMOUNTS.— 
"(A) 
RESTORED AMOUNTS TO BE UNAVAILABLE FOR 
DISCRETIONARY GRANTS.—Of an amount newly available 
under section 48103 of this title, an amount equal to the 
amounts restored under paragraph (2) shall not be avail-
able for discretionary grant obligations under section 
47115. 
"(B) USE OF REMAINING AMOUNTS.—Subparagraph (A) 
does not impair the Secretary's authority under paragraph 
114 STAT. 78 
PUBLIC LAW 106-181—APR. 5, 2000 
(1), after a restoration 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 discretionary 
grants. 
"(4) LIMITATIONS ON OBLIGATIONS APPLY.—Nothing in this 
subsection shall be construed to authorize 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)— 
(A) by striking "12" and inserting "15"; and 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
"(2) the airport is a military installation with both military 
and civil aircraft operations."; 
(2) by striking subsection (c) and inserting the following: 
"(c) CONSIDERATIONS.—In carrying out this section, the Sec-
retary shall consider only current or former military airports for 
designation 
under 
this 
section 
if 
a 
grant 
under 
section 
47117(e)(1)(B) would— 
"(1) reduce delays at an airport with more than 20,000 
hours of annual delays in commercial passenger aircraft take-
offs and landings; or 
"(2) enhance airport and air traffic control system capacity 
in a metropolitan area or reduce current and projected flight 
delays."; 
(3) in subsection (d)— 
(A) 
by 
striking 
"47117(e)(1)(E)" 
and 
inserting 
"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-fiscal-year 
period" and inserting "each such subsequent period"; and 
(4) by adding at the end the following: 
"(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—Notwith-
standing any other provision of this section, one of the airports 
bearing a designation under subsection (a) may be a general avia-
tion airport that was a former military installation closed or 
realigned under a section referred to in subsection (a)(1).". 
(b) 
TERMINAL 
BUILDING FACILITIES.—Section 47118(e) is 
amended by striking "$5,000,000" and inserting "$7,000,000". 
(c) ELIGIBILITY OF AIR CARGO TERMINALS.—Section 47118(f) 
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 PRO-
GRAM.— 
"(A) IN GENERAL.—The Secretary shall establish a pilot 
program to contract for air traffic control services at Level 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 79 
I air traffic control towers, as defined by the Secretary, 
that do not quahfy for the contract tower program estab-
Hshed under subsection (a) and continued under paragraph 
(1) (in this paragraph referred to as the 'Contract Tower 
Program'). 
"(B) PROGRAM COMPONENTS.—In carrying out the pilot 
program, the Secretary 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 operator and verified by the Secretary; and 
"(ii) approve for participation only facilities willing 
to fund a pro rata share of the operating costs of 
the air traffic control tower to achieve a 1-to-l benefit-
to-cost ratio using actual site-specific contract tower 
operating costs in any case in which there is an oper-
ating air traffic control tower, as required for eligibility 
under the Contract Tower Program. 
"(C) PRIORITY.—In selecting facilities to participate in 
the pilot program, the Secretary shall give priority to the 
following facilities: 
"(i) Air traffic control towers that are participating 
in the Contract Tower Program but have been notified 
that they will be terminated from such program 
because the Secretary 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 Secretary 
determines have a benefit-to-cost ratio of at least .50. 
"(iii) Air traffic control towers of the Federal Avia-
tion Administration that are closed as a result of the 
air traffic controllers strike in 1981. 
"(iv) Air traffic control towers located at airports 
or points at which an air carrier is receiving compensa-
tion 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 located at airports 
with safety or operational problems related to topog-
raphy, weather, runway configuration, or mix of air-
craft. 
"(vii) Air traffic control towers located at an airport 
at which the community has been operating the tower 
at its own expense. 
"(D) COSTS EXCEEDING BENEFITS.—If the costs of oper-
ating an air traffic tower under the pilot program exceed 
the benefits, the airport sponsor or State or local govern-
ment having jurisdiction over the airport shall pay the 
portion of the costs that exceed such benefit. 
"(E) FUNDING.—Subject to paragraph (4)(D), of the 
amounts appropriated pursuant to section 106(k), not more 
than $6,000,000 per fiscal year may be used to carry out 
this paragraph. 
"(4) 
CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.— 
114 STAT. 80 
PUBLIC LAW 106-181—APR. 5, 2000 
"(A) IN GENERAL.—Notwithstanding any other provi-
sion of this subchapter, the Secretary may provide grants 
under this subchapter to not more than two airport spon-
sors for the construction of a low-level activity visual flight 
rule (level 1) air traffic control tower, as defined by the 
Secretary. 
"(B) ELIGIBILITY.—A sponsor shall be eligible for a 
grant under this paragraph i
f
— 
"(i) the sponsor would otherwise be eligible to 
participate in the pilot program established under 
paragraph (3) except for the lack of the air traffic 
control tower proposed to be constructed under this 
subsection; and 
"(ii) the sponsor agrees to fund not less than 25 
percent of the costs of construction of the air traffic 
control tower. 
"(C) PROJECT COSTS.—Grants under this paragraph 
shall be paid only from amounts apportioned to the sponsor 
under section 47114(c)(1). 
"(D) FEDERAL SHARE.—The Federal share of the cost 
of construction of an air traffic control tower under this 
paragraph may not exceed $1,100,000.". 
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 20 airport development 
projects for which grants received under this subchapter 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 in the most recent calendar year for which data 
is available. 
"(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 implementation 
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 instrument by the United States Govern-
ment. 
"(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 air-
port development; 
"(C) flexible non-Federal matching requirements; and 
"(D) use of funds apportioned under section 47114 for 
the payment of principal and interest of terminal develop-
ment for costs incurred before the date of the enactment 
of this section.". 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 81 
(b) CONFORMING AMENDMENT.—The analysis for subchapter I 
of chapter 471 is amended by adding at the end the following: 
"47135. Innovative financing techniques.". 
SEC. 133. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PRO-
GRAM. 
(a) IN GENERAL.—Subchapter I of chapter 471 is further 
amended by adding at the end the following: 
"§47136. Inherently low-emission airport vehicle pilot pro-
gram 
"(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 subchapter, inherently low-emission vehicle activities shall 
for purposes of the pilot program be treated as eligible for assistance 
under this subchapter. 
"(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS.— 
"(1) IN GENERAL.—^A public-use airport shall be eligible 
for participation 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(2)). 
"(2) SHORTAGE OF CANDIDATES.—If the Secretary receives 
an insufficient number of applications from public-use airports 
located in such areas, then the Secretary may consider applica-
tions from public-use airports that are not located in such 
areas. 
"(c) SELECTION CRITERIA.—In selecting from among applicants 
for participation in the pilot program, the Secretary 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 expended under the pilot program. 
"(d) UNITED STATES GOVERNMENT'S SHARE.—Notwithstanding 
any other provision of this subchapter, the United States Govern-
ment'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) TECHNICAL ASSISTANCE.— 
"(1) IN GENERAL.—The sponsor of a public-use airport car-
rying out inherently low-emission vehicle activities under the 
pilot program may use not more than 10 percent of the amounts 
made available for expenditure at the airport in a fiscal year 
under the pilot program to receive technical assistance in car-
rying out such activities. 
"(2) ELIGIBLE CONSORTIUM.—To the maximum extent prac-
ticable, participants in the pilot program shall use an eligible 
consortium (as defined in section 5506 of this title) in the 
region of the airport to receive technical assistance described 
in paragraph (1). 
"(g) MATERIALS IDENTIFYING BEST PRACTICES.—The Adminis-
trator may develop and make available materials identifying best 
practices for carrying out low-emission vehicle activities based on 
the projects carried out under the pilot program and other sources. 
114 STAT. 82 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadline. 
"(h) REPORT TO CONGRESS.—Not later than 18 months after 
the date of the enactment of this section, the Secretary 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— 
"(1) an evaluation of the effectiveness of the pilot program; 
"(2) an identification of other public-use airports that 
expressed an interest in participating in the pilot program; 
and 
"(3) a description of the mechanisms used by the Secretary 
to ensure that the information and know-how gained by partici-
pants in the pilot program is transferred among the participants 
and to other interested parties, including other public-use air-
ports. 
"(i) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY DEFINED.— 
In this section, the term 'inherently low-emission vehicle activity' 
means— 
"(1) the construction of infrastructure or modifications at 
public-use airports to enable the delivery of fuel and services 
necessary for the use of vehicles that are certified as inherently 
low-emission vehicles under title 40 of the Code of Federal 
Regulations and that— 
"(A) operate exclusively on compressed natural gas, 
liquefied natural gas, liquefied petroleum gas, electricity, 
hydrogen, or a blend at least 85 percent of which is meth-
anol; 
"(B) are labeled in accordance with section 88.312-
93(c) of such title; and 
"(C) are located or primarily used at public-use air-
ports; 
"(2) the construction of infrastructure or modifications at 
public-use airports to enable the delivery of fuel and services 
necessary for the use of nonroad vehicles that— 
"(A) operate exclusively on compressed natural gas, 
liquefied natural gas, liquefied petroleum gas, electricity, 
hydrogen, or a blend at least 85 percent of which is meth-
anol; 
"(B) meet or exceed the standards set forth in section 
86.1708-99 of such title or the standards set forth in section 
89.112(a) of such title, and are in compliance with the 
requirements of section 89.112(b) of such title; and 
"(C) are located or primarily used at public-use air-
ports; 
"(3) the payment of that portion of the cost of acquiring 
vehicles described in this subsection that exceeds the cost of 
acquiring other vehicles or engines that would be used for 
the same purpose; or 
"(4) the acquisition of technological capital equipment to 
enable the delivery of fuel and services necessary for the use 
of vehicles described in paragraph (1).". 
(b) CONFORMING AMENDMENT.—The analysis for subchapter I 
of chapter 471 is further amended by adding at the end the fol-
lowing: 
"47136. Inherently low-emission airport vehicle pilot program.". 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 83 
SEC. 134. AIRPORT SECURITY PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 471 is further 
amended by adding at the end the following: 
"§ 47137. Airport security program 
"(a) GENERAL AUTHORITY.—To improve security at public air-
ports 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 Secretary 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, including explosives 
detection systems, for the purpose of improving aviation and 
aircraft physical security, access control, and passenger and 
baggage screening; and 
"(2) provides testing and evaluation of airport security sys-
tems and technology in an operational, testbed 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 establish 
such terms and conditions as the Secretary determines appropriate 
for carrying out a project under this section, 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 necessary engineering and technical 
expertise to successfully conduct the testing and evaluation of air-
port 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 subchapter I 
of chapter 471 is further amended by adding at the end the fol-
lowing: 
"47137. Airport security program.". 
SEC. 135. TECHNICAL AMENDMENTS. 
(a) PASSENGER FACILITY FEE WAIVER FOR CERTAIN CLASS OF 
CARRIERS.—Section 40117(e)(2) is amended— 
(1) in subparagraph (B) by striking "and" at the end; and 
(2) by adding at the end the following: 
"(D) on flights, including flight segments, between 2 or 
more points in Hawaii; and 
"(E) in Alaska aboard an aircraft having a seating capacity 
of less than 60 passengers.". 
(b) PASSENGER FACILITY FEE WAIVER FOR CERTAIN CLASS OF 
CARRIERS OR FOR SERVICE TO AIRPORTS IN ISOLATED COMMU-
NITIES.—Section 40117 is amended— 
(1) in subsection (i)(l) by striking "and" at the end; 
(2) in subsection (i)(2)(D) by striking the period at the 
end and inserting "; and"; 
114 STAT. 84 
PUBLIC LAW 106-181—APR. 5, 2000 
(3) by adding at the end of subsection (i) the following: 
"(3) may permit an eligible agency to request that collection 
of a passenger facility fee be waived for— 
"(A) passengers enplaned by any class of air carrier 
or foreign air carrier if the number of passengers enplaned 
by the carriers in the class constitutes not more than 
one percent of the total number of passengers enplaned 
annually at the airport at which the fee is imposed; or 
"(B) passengers enplaned on a flight to an airport— 
"(i) that has fewer than 2,500 passenger boardings 
each year and receives scheduled passenger service; 
or 
"(ii) in a community which has a population of 
less than 10,000 and is not connected by a land high-
way or vehicular way to the land-connected National 
Highway System within a State."; and 
(4) by adding at the end the following: 
"(j) LIMITATION ON CERTAIN ACTIONS.—-A State, political sub-
division of a State, or authority of a State or political subdivision 
that is not the eligible agency may not tax, regulate, or prohibit 
or otherwise attempt to control in any manner, the imposition 
or collection of a passenger facility fee or the use of the revenue 
from the passenger facility fee.". 
(c) CONTINUATION OF PROJECT FUNDING.—Section 47108 is 
amended by adding at the end the following: 
"(e) CHANGE IN AIRPORT STATUS.— 
"(1) CHANGES TO NONPRIMARY AIRPORT STATUS.—If the 
status of a primary airport changes to a nonprimary airport 
at a time when a development project under a multiyear agree-
ment under subsection (a) is not yet completed, the project 
shall remain eligible for funding from discretionary funds under 
section 47115 at the funding level and under the terms provided 
by the agreement, subject to the availability of funds. 
"(2) 
CHANGES 
TO 
NONCOMMERCIAL 
SERVICE 
AIRPORT 
STATUS.—If the status of a commercial service airport changes 
to a noncommercial service airport at a time when a terminal 
development project under a phased-funding arrangement is 
not yet completed, the project shall remain eligible for funding 
from discretionary funds under section 47115 at the funding 
level and under the terms provided by the arrangement subject 
to the availability of funds.". 
(d) REFERENCES TO GIFTS.—Chapter 471 is amended— 
(1) in section 47151— 
(A) in subsection (a)— 
(i) in the matter preceding paragraph (1) by 
striking "give" and inserting "convey to"; and 
(ii) in paragraph (2) by striking "gift" and inserting 
"conveyance"; 
(B) in subsection (b)— 
(i) by striking "giving" and inserting "conveying"; 
and 
(ii) by striking "gift" and inserting "conveyance"; 
and 
(C) in subsection (c)— 
(i) in the subsection heading by striking "GIVEN" 
and inserting "CONVEYED"; and 
(ii) by striking "given" and inserting "conveyed"; 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 85 
(2) in section 47152— 
(A) in the section heading by striking "gifts" and 
inserting "conveyances"; and 
(B) in the matter preceding paragraph (1) by striking 
"gift" and inserting "conveyance"; 
(3) in section 47153(a)(1)— 
(A) by striking "gift" each place it appears and inserting 
"conveyance"; and 
(B) by striking "given" and inserting "conveyed"; and 
(4) in the analysis for such chapter by striking the item 
relating to section 47152 and inserting the following: 
"47152. Terms of conveyances.". 
SEC. 136. CO^fVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIR-
PORTS. 
Section 47151 (as amended by section 125(c) of this Act) is 
further amended by adding at the end the following: 
"(e) REQUESTS BY PUBLIC AGENCIES.—Except with respect to 
a request made by another department, agency, or instrumentality 
of the executive branch of the United States Government, such 
a department, agency, or instrumentality shall give priority consid-
eration to a request made by a public agency (as defined in section 
47102) for surplus property described in subsection (a) (other than 
real property that is subject to section 2687 of title 10, section 
201 of the Defense Authorization Amendments and Base Closure 
and Realignment Act (10 U.S.C. 2687 note), or section 2905 of 
the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
2687 note)) for use at a public airport.". 
SEC. 137. INTERMODAL CONNECTIONS. 
(a) AIRPORT IMPROVEMENT POLICY.—Section 47101(a)(5) is 
amended to read as follows: 
"(5) to encourage the development of intermodal connec-
tions on airport property between aeronautical and other 
transportation modes and systems to serve air transportation 
passengers and cargo efficiently and effectively and promote 
economic development;". 
(b) AIRPORT DEVELOPMENT DEFINED.—Section 47102(3) (as 
amended by section 123(b)) is further amended by adding at the 
end the following: 
"(I) constructing, reconstructing, or improving an air-
port, or purchasing nonrevenue generating capital equip-
ment to be owned by an airport, for the purpose of transfer-
ring passengers, cargo, or baggage between the aero-
nautical and ground transportation modes on airport prop-
erty.". 
SEC. 
1
3
8
. 
STATE 
BLOCK 
GRANT 
PROGRAM. 
Section 47128(a) is amended by striking "8 qualified States 
for fiscal year 1997 and 9 qualified States for each fiscal year 
thereafter" and insert "9 qualified States for fiscal years 2000 
and 2001 and 10 qualified States for each fiscal year thereafter". 
SEC. 139. DESIGN-BUILD CONTRACTING. 
49 USC 47104 
(a) PILOT PROGRAM.—The Administrator may establish a pilot 
program under which design-build contracts may be used to carry 
out up to 7 projects at airports in the United States with a grant 
awarded under section 47104 of title 49, United States Code. A 
114 STAT. 86 
PUBLIC LAW 106-181—APR. 5, 2000 
sponsor of an airport may submit an application to the Adminis-
trator to carry out a project otherwise ehgible for assistance under 
chapter 471 of such title under the pilot program. 
(b) USE OF DESIGN-BUILD CONTRACTS.—Under the pilot pro-
gram, the Administrator may approve an application of an airport 
sponsor under this section to authorize the airport sponsor to award 
a design-build contract using a selection process permitted under 
applicable State or local law i
f
— 
(1) the Administrator approves the application using cri-
teria established by the Administrator; 
(2) the design-build contract is in a form that is approved 
by the Administrator; 
(3) the Administrator is satisfied that the contract will 
be executed pursuant to competitive procedures and contains 
a schematic design adequate for the Administrator to approve 
the grant; 
(4) use of a design-build contract will be cost effective 
and expedite the project; 
(5) the Administrator is satisfied that there will be no 
conflict of interest; and 
(6) the Administrator is satisfied that the selection process 
will be as open, fair, and objective as the competitive bid 
system and that at least three or more bids will be submitted 
for each project under the selection process. 
(c) 
REIMBURSEMENT OF COSTS.—The 
Administrator 
may 
reimburse an airport sponsor for design and construction costs 
incurred before a grant is made pursuant to this section if the 
project is approved by the Administrator in advance and is carried 
out in accordance with all administrative and statutory require-
ments that would have been applicable under chapter 471 of title 
49, United States Code, if the project were carried out after a 
grant agreement had been executed. 
(d) DESIGN-BUILD CONTRACT DEFINED.—In this section, the 
term "design-build contract" means an agreement that provides 
for both design and construction of a project by a contractor. 
(e) EXPIRATION OF AUTHORITY.—The authority of the Adminis-
trator to carry out the pilot program under this section shall expire 
on September 30, 2003. 
Subtitle C—Miscellaneous 
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED 
PROJECTS. 
Section 40117(a) is amended to read as follows: 
"(a) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) AIRPORT, COMMERCIAL SERVICE AIRPORT, AND PUBLIC 
AGENCY.—The terms 'airport', 'commercial service airport', and 
'public agency' have the meaning those terms have under sec-
tion 47102. 
"(2) ELIGIBLE AGENCY.—The term 'ehgible agency' means 
a public agency that controls a commercial service airport. 
"(3) 
ELIGIBLE 
AIRPORT-RELATED 
PROJECT.—The 
term 
'eligible airport-related project' means any of the following 
projects: 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 87 
"(A) A project for airport development or airport plan-
ning under subchapter I of chapter 471. 
"(B) A project for terminal development described in 
section 47110(d). 
"(C) A project for airport noise capability planning 
under section 47505. 
"(D) A project to carry out noise compatibility measures 
eligible for assistance under section 47504, whether or 
not a program for those measures has been approved under 
section 47504. 
"(E) A project for constructing gates and related areas 
at which passengers board or exit aircraft. In the case 
of a project required to enable additional air service by 
an air carrier with less than 50 percent of the annual 
passenger boardings at an airport, the project for con-
structing gates and related areas may include structural 
foundations and floor systems, exterior building walls and 
load-bearing interior columns or walls, windows, door and 
roof systems, building utilities (including heating, air condi-
tioning, ventilation, plumbing, and electrical service), and 
aircraft fueling facilities adjacent to the gate. 
"(4) PASSENGER FACILITY FEE.—The term 'passenger facility 
fee' means a fee imposed under this section. 
"(5) PASSENGER FACILITY REVENUE.—The term 'passenger 
facility revenue' means revenue derived from a passenger 
facility fee.". 
SEC. 152. TERMINAL DEVELOPMENT COSTS. 
(a) WITH RESPECT TO PASSENGER FACILITY CHARGES.—Section 
40117(a)(3) is further amended— 
(1) by redesignating subparagraphs (C), (D), and (E) as 
subparagraphs (D), (E), and (F), respectively; and 
(2) by inserting after subparagraph (B) the following: 
"(C) for costs of terminal development referred to in 
subparagraph (B) incurred after August 1, 1986, at an 
airport that did not have more than .25 percent of the 
total annual passenger boardings in the United States in 
the most recent calendar year for which data is available 
and at which total passenger boardings declined by at 
least 16 percent between calendar year 1989 and calendar 
year 1997;". 
(b) 
NONPRIMARY 
COMMERCIAL SERVICE AIRPORTS.—Section 
47119 is amended by adding at the end the following: 
"(d) DETERMINATION OF PASSENGER BOARDING AT COMMERCIAL 
SERVICE AIRPORTS.—For the purpose of determining whether an 
amount may be distributed for a fiscal year from the discretionary 
fund in accordance with subsection (b)(2)(A) to a commercial service 
airport, the Secretary shall make the determination of whether 
or not a public airport is a commercial service airport on the 
basis of the number of passenger boardings and type of air service 
at the public airport in the calendar year that includes the first 
day of such fiscal year or the preceding calendar year, whichever 
is more beneficial to the airport.". 
SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM. 
Section 44502(a)(4)(B) is amended— 
(1) by striking "each of fiscal years 1995 and 1996" and 
inserting "each of fiscal years 2000 through 2002"; and 
114 STAT. 88 
PUBLIC LAW 106-181—APR. 5, 2000 
(2) by inserting "under new or existing contracts" after 
"including acquisition". 
SEC. 154. AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIR-
CRAFT. 
Section 47504(c) is amended by adding at the end the following: 
"(6) AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIR-
CRAFT.—The Secretary may make a grant under this subsection 
for a project even if the purpose of the project is to mitigate 
the effect of noise primarily caused by military aircraft at 
an airport.". 
SEC. 155. COMPETITION PLANS. 
49 use 40117 
(a) FINDINGS.—The Congress makes the following findings: 
note. 
(1) Major airports must be available on a reasonable basis 
to all air carriers wishing to serve those airports. 
(2) 15 large hub airports today are each dominated by 
one air carrier, with each such carrier controlling more than 
50 percent of the traffic at the hub. 
(3) The General Accounting Office has found that such 
levels of concentration lead to higher air fares. 
(4) The United States Government must take every step 
necessary to reduce those levels of concentration. 
(5) Consistent with air safety, spending at these airports 
must be directed at providing opportunities for carriers wishing 
to serve such facilities on a commercially viable basis. 
(b) IN GENERAL.—Section 47106 is amended by adding at the 
end the following: 
"(f) COMPETITION PLANS.— 
"(1) PROHIBITION.—Beginning in fiscal year 2001, no pas-
senger facility fee may be approved for a covered airport under 
section 40117 and no grant may be made under this subchapter 
for a covered airport 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 availability of airport gates 
and related facilities, leasing and sub-leasing arrangements, 
gate-use requirements, patterns of air service, gate-assignment 
policy, financial 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 Department of Transpor-
tation) compared to other large airports. 
"(3) COVERED AIRPORT DEFINED.—In this subsection, the 
term 'covered airport' means a commercial 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 one or two air carriers control more 
than 50 percent of the passenger boardings.". 
(c) CROSS REFERENCE.—Section 40117 (as amended by section 
135(b) of this Act) is further amended by adding at the end the 
following: 
"(k) COMPETITION PLANS.— 
"(1) IN GENERAL.—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 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 89 
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 the enactment of this subsection. 
"(2) 
SECRETARY 
SHALL 
ENSURE 
IMPLEMENTATION AND 
COMPLIANCE.—The Secretary shall review any plan submitted 
under paragraph (1) to ensure that it meets the requirements 
of this section, and shall review its implementation from time-
to-time to ensure that each covered airport successfully imple-
ments its plan.". 
(d) AVAILABILITY OF GATES AND OTHER ESSENTIAL SERVICES.— 
The Secretary shall ensure that gates and other facilities are made 
available at costs that are fair and reasonable to air carriers at 
covered airports (as defined in section 47106(f)(4) of title 49, United 
States Code) where a "majority-in-interest clause" of a contract 
or other agreement or arrangement inhibits the ability of the local 
airport authority to provide or build new gates or other facilities. 
SEC. 156. ALASKA RURAL AVL\TION IMPROVEMENT. 
(a) 
APPLICATION OF F A A REGULATIONS.—Section 
40113 
is 
amended by adding at the end the following: 
"(f) 
APPLICATION OF CERTAIN REGULATIONS TO ALASKA.—In 
amending title 14, Code of Federal Regulations, in a manner 
affecting intrastate aviation in Alaska, the Administrator of the 
Federal Aviation Administration shall consider the extent to which 
Alaska is not served by transportation modes other than aviation, 
and shall establish such regulatory distinctions as the Adminis-
trator considers appropriate.". 
(b) MIKE-IN-HAND WEATHER OBSERVATION.—The Administrator 
and the Assistant Administrator of the National Weather Service, 
in consultation with the National Transportation Safety Board and 
the Governor of the State of Alaska, shall continue efforts to develop 
and implement a "mike-in-hand" weather observation program in 
Alaska under which Federal Aviation Administration employees, 
National Weather Service employees, other Federal or State 
employees sited at an airport, or persons contracted specifically 
for such purpose (including part-time contract employees who are 
not sited at such airport), will provide near-real time aviation 
weather information via radio and otherwise to pilots who request 
such information. 
SEC. 
1
5
7
. 
USE 
OF 
RECYCLED 
MATERIALS. 
(a) STUDY.—The Administrator shall conduct a study of the 
use of recycled materials (including recycled pavements, 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 
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 the enact-
ment of this Act, the Administrator shall transmit to Congress 
a report on the results of the study, together with recommendations 
concerning the use of recycled materials in aviation pavement. 
49 u s e 47101 
note. 
49 u s e 44505 
note. 
Deadline. 
114 STAT. 90 
PUBLIC LAW 106-181—APR. 5, 2000 
49 use 47101 
note. 
49 use 48103 
note. 
49 use 44505 
note. 
Deadline. 
(d) FUNDING.—Of the amounts appropriated pursuant to section 
106(k) of title 49, United States Code, not to exceed $1,500,000 
may be used to carry out this section. 
SEC. 158. CONSTRUCTION OF RUNWAYS. 
Notwithstanding any provision of law that specifically restricts 
the number of runways at a single international airport, the Sec-
retary may obligate funds made available under chapters 471 and 
481 of title 49, United States Code, for any project to construct 
a new runway at such airport, unless this section is expressly 
repealed. 
SEC. 159. NOTICE OF GRANTS. 
(a) TIMELY ANNOUNCEMENT.—The Secretary shall announce a 
grant to be made with funds made available under section 48103 
of title 49, United States Code, in a timely fashion after receiving 
necessary documentation concerning the grant from the Adminis-
trator. 
(b) NOTICE TO COMMITTEES.—If the Secretary provides any 
committee of Congress advance notice of a grant to be made with 
funds made available under section 48103 of title 49, United States 
Code, the Secretary shall provide, on the same date, such notice 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 160. AIRFIELD PAVEMENT CONDITIONS. 
(a) EVALUATION OF OPTIONS.—The Administrator shall evaluate 
options for improving the quality of information available to the 
Federal Aviation Administration on airfield pavement conditions 
for airports that are part of the national air transportation system, 
including— 
(1) improving the existing runway condition information 
contained in the airport safety data program by reviewing 
and revising rating criteria and providing increased training 
for inspectors; 
(2) requiring such airports to submit pavement condition 
index information as part of their airport master plan or as 
support in applications for airport improvement grants; and 
(3) requiring all such airports to submit pavement condition 
index information on a regular basis and using this information 
to create a pavement condition database that could be used 
in evaluating the cost-effectiveness of project applications and 
forecasting anticipated pavement needs. 
(b) REPORT TO CONGRESS.—Not later than 12 months after 
the date of the enactment of this Act, the Administrator shall 
transmit a report containing an evaluation of the options described 
in subsection (a) to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 91 
SEC. 161. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCE-
MENTS. 
Not later than 9 months after the date of the enactment of Deadline, 
this Act, the Secretary shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives a report on efforts by the Federal Aviation Administra-
tion to implement capacity enhancements and improvements, both 
technical and procedural, such as precision runway monitoring sys-
tems, and the timeframe for implementation of such enhancements 
and improvements. 
SEC. 162. PRIORITIZATION OF DISCRETIONARY PROJECTS. 
Section 47120 is amended— 
(1) by inserting "(a) IN GENERAL.—" before "In"; and 
(2) by adding at the end the following: 
"(b) 
DISCRETIONARY FUNDING TO 
BE 
USED 
FOR 
HIGHER 
PRIORITY PROJECTS.—The Administrator of the Federal Aviation 
Administration shall discourage airport sponsors and airports from 
using entitlement funds for lower priority projects by giving lower 
priority to discretionary projects submitted by airport sponsors and 
airports that have used entitlement funds for projects that have 
a lower priority than the projects for which discretionary funds 
are being requested.". 
SEC. 163. CONTINUATION OF REPORTS. 
Section 3003(a)(1) of the Federal Reports Elimination and 
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any 
report required to be submitted under any of the following provi-
sions of law: 
(1) Section 44501 of title 49, United States Code. 
(2) Section 47103 of such title. 
(3) Section 47131 of such title. 
TITLE II—AIRLINE SERVICE 
IMPROVEMENTS 
Subtitle A—Small Communities 
SEC. 201. 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 communities and rural and 
remote areas, have access to affordable, regularly scheduled 
air service.". 
SEC. 202. WAIVER OF LOCAL CONTRIBUTION. 
Section 41736(b) is amended by inserting after paragraph (4) 
the following: 
"Paragraph (4) does not apply to any community approved for 
service under this section during the period beginning October 
1, 1991, and ending December 31, 1997.". 
114 STAT. 92 
PUBLIC LAW 106-181—APR. 5, 2000 
SEC. 203. IMPROVED AIR CARRIER SERVICE TO AIRPORTS NOT 
RECEIVING SUFFICIENT SERVICE. 
(a) IN GENERAL.—Subchapter II of chapter 417 is amended 
by adding at the end the following: 
"§ 41743. Airports not receiving sufficient service 
"(a) SMALL COMMUNITY AIR SERVICE DEVELOPMENT PILOT PRO-
GRAM.—The Secretary of Transportation shall establish a pilot 
program that meets the requirements of this section for improving 
air carrier service to airports not receiving sufficient air carrier 
service. 
"(b) APPLICATION REQUIRED.—In order to participate in the 
program established under subsection (a), a community or consor-
tium of communities shall submit an application to the Secretary 
in such form, at such time, and containing such information as 
the Secretary may require, including— 
"(1) an assessment of the need of the community or consor-
tium for access, or improved access, to the national air transpor-
tation system; and 
"(2) an analysis of the application of the criteria in sub-
section (c) to that community or consortium. 
"(c) CRITERIA FOR PARTICIPATION.—In selecting communities, 
or consortia of communities, for participation in the program estab-
lished under subsection (a), the Secretary shall apply the following 
criteria: 
"(1) SIZE.—For calendar year 1997, the airport serving 
the community or consortium was not larger than a small 
hub airport (as that term is defined in section 41731(a)(5)), 
and— 
"(A) had insufficient air carrier service; or 
"(B) had unreasonably high air fares. 
"(2) CHARACTERISTICS.—The airport presents characteris-
tics, such as geographic diversity or unique circumstances, that 
will demonstrate the need for, and feasibility of, the program 
established under subsection (a). 
"(3) STATE LIMIT.—No more than four communities or con-
sortia of communities, or a combination thereof, may be located 
in the same State. 
"(4) OVERALL LIMIT.—No more than 40 communities or 
consortia of communities, or a combination thereof, may be 
selected to participate in the program. 
"(5) PRIORITIES.—The Secretary shall give priority to 
communities or consortia of communities where— 
"(A) air fares are higher than the average air fares 
for all communities; 
"(B) the community or consortium will provide a por-
tion of the cost of the activity to be assisted under the 
program from local sources other than airport revenues; 
"(C) the community or consortium has established, or 
will establish, a public-private partnership to facilitate air 
carrier service to the public; and 
"(D) the assistance will provide material benefits to 
a broad segment of the travelling public, including business, 
educational institutions, and other enterprises, whose 
access to the national air transportation system is limited. 
"(d) TYPES OF ASSISTANCE.—The Secretary may use amounts 
made available under this section— 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 93 
"(1) to provide assistance to an air carrier to subsidize 
service to and from an underserved airport for a period not 
to exceed 3 years; 
"(2) to provide assistance to an underserved airport to 
obtain service to and from the underserved airport; and 
"(3) to provide assistance to an underserved airport to 
implement such other measures as the Secretary, in consulta-
tion 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 utilization of airport facilities. 
"(e) AUTHORITY TO MAKE AGREEMENTS.— 
"(1) IN GENERAL.—The Secretary may make agreements 
to provide assistance under this section. 
"(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary $20,000,000 for fiscal 
year 2001 and $27,500,000 for each of fiscal years 2002 and 
2003 to carry out this section. Such sums shall remain available 
until expended. 
"(f) ADDITIONAL ACTION.—Under the pilot program established 
under subsection (a), the Secretary shall work with air carriers 
providing service to participating communities and major air car-
riers (as defined in section 41716(a)(2)) serving large hub airports 
(as defined in section 41731(a)(3)) to facilitate joint-fare arrange-
ments consistent with normal industry practice. 
"(g) DESIGNATION OF RESPONSIBLE OFFICIAL.—The Secretary 
shall designate an employee of the Department of Transportation— 
"(1) to function as a facilitator between small communities 
and air carriers; 
"(2) to carry out this section; 
"(3) to ensure that the Bureau of Transportation Statistics 
collects data on passenger information to assess the service 
needs of small communities; 
"(4) to work with and coordinate efforts with other Federal, 
State, and local agencies to increase the viability of service 
to small communities and the creation of aviation development 
zones; and 
"(5) to provide policy recommendations to the Secretary 
and Congress that will ensure that small communities have 
access to quality, affordable air transportation services. 
"(h) AIR SERVICE DEVELOPMENT ZONE.—The Secretary shall 
designate an airport in the program as an Air Service Development 
Zone and work with the community or consortium on means to 
attract business to the area surrounding the airport, to develop 
land use options for the area, and provide data, working with 
the Department of Commerce and other agencies.". 
(b) CONFORMING AMENDMENT.—The analysis for subchapter II 
of chapter 417 is amended by adding at the end the following: 
"41743. Airports not receiving sufficient service.". 
SEC. 204. PRESERVATION OF ESSENTIAL AIR SERVICE AT SINGLE CAR-
RIER DOMINATED HUB AIRPORTS. 
(a) IN GENERAL.—Subchapter II of chapter 417 (as amended 
by section 203 of this Act) is further amended by adding at the 
end the following: 
79-194 O - 00 - 5: QL 3 Part 1 
114 STAT. 94 
PUBLIC LAW 106-181—APR. 5, 2000 
49 u s e 41731 
note. 
Deadline. 
49 u s e 41731 
note. 
Deadline. 
"§ 41744. Preservation of basic essential air service at single 
carrier dominated hub airports 
"(a) IN GENERAL.—If the Secretary of Transportation deter-
mines that extraordinary circumstances jeopardize the reliable 
performance of essential air service under this subchapter from 
a subsidized essential air service community to and from an essen-
tial airport facility, the Secretary may require an air carrier that 
has more than 60 percent of the total annual enplanements at 
the essential airport facility to take action to enable another air 
carrier to provide reliable essential air service to that community. 
Actions required by the Secretary under this subsection may include 
interline agreements, ground services, subleasing of gates, and the 
provision of any other service or facility necessary for the perform-
ance of satisfactory essential air service to that community. 
"(b) ESSENTIAL AIRPORT FACILITY DEFINED.—In this section, 
the term 'essential airport facility' means a large hub airport (as 
defined in section 41731) in the contiguous 48 States at which 
one air carrier has more than 60 percent of the total annual 
enplanements at that airport.". 
(b) CONFORMING AMENDMENT.—The analysis for subchapter II 
of chapter 417 is further amended by adding at the end the fol-
lowing: 
"41744. Preservation of basic essential air service at single carrier dominated hub 
airports.". 
SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT. 
The Secretary may provide assistance under subchapter II of 
chapter 417 of title 49, United States Code, with respect to a 
place that is located within 70 highway miles of a hub airport 
(as defined by section 41731 of such title) if the most commonly 
used highway route between the place and the hub airport exceeds 
70 miles. 
SEC. 206. REPORT ON ESSENTIAL AIR SERVICE. 
(a) IN GENERAL.—The Secretary shall conduct an analysis of 
the difficulties faced by many smaller communities in retaining 
essential air service and shall develop a plan to facilitate the 
retention of such service. 
(b) EXAMINATION OF NORTH DAKOTA COMMUNITIES.—In con-
ducting the analysis and developing the plan under subsection 
(a), the Secretary shall pay particular attention to communities 
located in North Dakota. 
(c) REPORT.—Not later than 60 days after the date of the 
enactment of this section, the Secretary shall transmit to Congress 
a report containing the analysis and plan described in subsection 
(a). 
SEC. 207. MARKETING PRACTICES. 
(a) REVIEW OF MARKETING PRACTICES THAT ADVERSELY AFFECT 
SERVICE TO SMALL OR MEDIUM COMMUNITIES.—Not later than 180 
days after the date of the enactment of this Act, the Secretary 
shall review the marketing practices of air carriers that may inhibit 
the availability of quality, affordable air transportation services 
to small- and medium-sized communities, including— 
(1) marketing arrangements between airlines and travel 
agents; 
(2) code-sharing partnerships; 
(3) computer reservation system displays; 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 95 
(4) gate arrangements at airports; 
(5) exclusive dealing arrangements; and 
(6) any other marketing practice that may have the same 
effect. 
(b) REGULATIONS.—If the Secretary finds, after conducting the 
review, that marketing practices inhibit the availability of afford-
able air transportation services to small- and medium-sized commu-
nities, then, after public notice and an opportunity for comment, 
the Secretary may issue regulations that address the problem or 
take other appropriate action. 
(c) STATUTORY CONSTRUCTION.—Nothing in this section expands 
the authority or jurisdiction of the Secretary to issue regulations 
under chapter 417 of title 49, United States Code, or under any 
other law. 
SEC. 208. DEFINITION OF ELIGIBLE PLACE. 
Section 41731(a)(1) is amended— 
(1) by inserting "(i)" after "(A)"; 
(2) by striking "(B)" and inserting "(ii)"; 
(3) by striking "(C)" and inserting "(iii)"; 
(4) by striking "subchapter." and inserting "subchapter; 
or"; and 
(5) by adding at the end the following: 
"(B) determined, on or after October 1, 1988, and before 
the date of the enactment of the Wendell H. Ford Aviation 
Investment and Reform Act for the 21st Century, under 
this subchapter by the Secretary to be eligible to receive 
subsidized small community air service under section 
41736(a).". 
SEC. 
209. MAINTAINING THE INTEGRITY OF THE ESSENTIAL AIR 
SERVICE PROGRAM. 
(a) 
AUTHORIZATION OF APPROPRIATION.—Section 41742(a) is 
amended— 
(1) by striking "Out of" and inserting the following: 
"(1) AUTHORIZATION.—Out of"; 
(2) by adding at the end the following: 
"(2) ADDITIONAL FUNDS.—In addition to amounts authorized 
under paragraph (1), there is authorized to be appropriated 
$15,00(3,000 for each fiscal year to carry out the essential air 
service program under this subchapter."; and 
(3) by aligning paragraph (1) (as designated by paragraph 
(1) of this subsection) with paragraph (2) (as added by para-
graph (2) of this subsection). 
(b) LIMITATION ON ADJUSTMENTS TO LEVELS OF SERVICE.— 
Section 41733(e) is amended by striking the period at the end 
and inserting ", to the extent such adjustments are to a level 
not less than the basic essential air service level established under 
subsection (a) for the airport that serves the community.". 
(c) EFFECT ON CERTAIN ORDERS.—All orders issued by the 
49 use 41733 
Secretary after September 30, 1999, and before the date of the note. 
enactment of this Act establishing, modifying, or revoking essential 
air service levels shall be null and void beginning on the 90th 
day following such date of enactment. During the 90-day period, 
the Secretary shall reconsider such orders and shall issue new 
orders consistent with the amendments made by this section. 
114 STAT. 96 
PUBLIC LAW 106-181—APR. 5, 2000 
SEC. 210. REGIONAL JET SERVICE FOR SMALL COMMUNITIES. 
(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 assistance, in the 
form of Federal credit instruments, to commuter 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 estimated long-term cost to the United States 
Government 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 'commuter air car-
rier' means an air carrier that primarily 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 'financial obligation' 
means any note, bond, debenture, or other debt obligation 
issued by an obligor in connection 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 regula-
tion) known as Rule 144A(a) of the Security and Exchange 
Commission 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. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 97 
"(9) LOAN GUARANTEE.—The term 'loan guarantee' 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 Secretary to provide air transportation but is not providing 
air transportation. 
"(11) NONHUB AIRPORT.—The term 'nonhub airport' means 
an airport that each year has less than .05 percent of the 
total annual boardings in the United States. 
"(12) OBLIGOR.—The term 'obligor' means a party primarily 
liable for payment of the principal of or interest on a Federal 
credit instrument, which party may be a corporation, partner-
ship, joint venture, trust, or governmental entity, agency, or 
instrumentality. 
"(13) REGIONAL JET AIRCRAFT.—The term 'regional jet air-
craft' meeuis a civil aircraft— 
"(A) powered by jet propulsion; and 
"(B) designed to have a maximum passenger seating 
capacity of not less than 30 nor more than 75. 
"(14) SECURED LOAN.—The term 'secured loan' means a 
direct loan funded by the Secretary in connection with the 
financing of an aircraft purchase under section 41763(b). 
"(15) SMALL HUB AIRPORT.—The term 'small hub airport' 
means an airport that each year has at least .05 percent, 
but less than .25 percent, of the total annual boardings in 
the United States. 
"(16) 
UNDERSERVED 
MARKET.—The term 
'underserved 
market' means a passenger air transportation market (as 
defined by the Secretary) that— 
"(A) is served (as determined by the Secretary) by 
a nonhub airport or a small hub airport; 
"(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 and section 41766, 
the Secretary of Transportation may enter into agreements with 
one or more obligors to make available Federal credit instruments, 
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 contain 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— 
114 STAT. 98 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadline. 
"(i) that extends to more than 50 percent of the 
purchase price (including the value of any manufac-
turer credits, post-purchase options, or other discounts) 
of the aircraft, including spare parts, to be purchased; 
or 
"(ii) 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. 
"(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, insolvency, or liquidation of the 
obligor as determined appropriate by the Secretary. 
"(E) FEES.—The Secretary, subject to appropriations, 
may establish fees at a level sufficient to cover all or 
a portion of the administrative costs to the United States 
Government of making a secured loan under this section. 
The proceeds of such fees shall be deposited in an account 
to be used by the Secretary for the purpose of administering 
the program established under this subchapter and shall 
be available upon deposit until expended. 
"(2) REPAYMENT.— 
"(A) SCHEDULE.—The Secretary shall establish a repay-
ment schedule for each secured loan under this section 
based on the projected cash flow from aircraft revenues 
and other repayment sources. 
"(B) COMMENCEMENT.—Scheduled loan repayments 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 satisfying sched-
uled 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 secured loan 
may be prepaid at anytime without penalty. 
"(B) USE OF PROCEEDS OF REFINANCING.—The secured 
loan may be prepaid at any time without penalty from 
proceeds of refinancing 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 (including requirements for audits) as the Sec-
retary determines appropriate. 
"(2) MAXIMUM AMOUNT.—No loan guarantee shall be made 
under this section— 
"(A) that extends to more than the unpaid interest 
and 50 percent of the unpaid principal on any loan; 
"(B) that, for any loan or combination of loans, extends 
to more than 50 percent of the purchase price (including 
the value of any manufacturer credits, post-purchase 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 99 
options, or other discounts) of the aircraft, including spare 
parts, to be purchased with the loan or loan combination; 
"(C) on any loan with respect to which terms permit 
repayment more than 15 years after the date of execution 
of the loan; or 
"(D) that, when added to the remaining balance on 
any other Federal credit instruments made under this sub-
chapter, provides more than $100,000,000 of outstanding 
credit to any single obligor. 
"(3) FEES.—The Secretary, subject to appropriations, may 
establish fees at a level sufficient to cover all or a portion 
of the administrative 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 Secretary for the purpose of administering the program 
established under this subchapter and shall be available upon 
deposit until expended. 
"(d) LINES OF CREDIT.— 
"(1) IN GENERAL.—Subject to the requirements of this sub-
section, the Secretary may enter into agreements to make avail-
able lines of credit to one or more obligors in the form of 
direct loans to be made by the Secretary at future dates on 
the 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 purchase shall be on such terms 
and conditions and contain such covenants, representatives, 
warranties, and requirements (including requirements for 
audits) as the Secretary determines appropriate. 
"(B) MAXIMUM AMOUNT.— 
"(i) TOTAL AMOUNT.—The amount of any line of 
credit shall not exceed 50 percent of the purchase 
price (including the value of any manufacturer credits, 
post-purchase options, or other discounts) of the air-
craft, including spare parts. 
"(ii) 1-YEAR DRAWS.—The amount drawn in any 
year shall not exceed 20 percent 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 pur-
chase date. 
"(E) RIGHTS OF THIRD-PARTY CREDITORS.— 
"(i) 
AGAINST 
UNITED 
STATES 
GOVERNMENT.—A 
third-party creditor of the obligor shall not have any 
right against the United States Government with 
respect to any draw on the line of credit. 
"(ii) ASSIGNMENT.—An obligor may assign the line 
of credit to one or more lenders or to a trustee on 
the lender's behalf. 
"(F) SUBORDINATION.—A direct loan under this sub-
section may be subordinate to claims of other holders of 
obligations in the event of bankruptcy, insolvency, or liq-
uidation of the obligor as determined appropriate by the 
Secretary. 
114 STAT. 100 
PUBLIC LAW 106-181—APR. 5, 2000 
"(G) FEES.—The Secretary, subject to appropriations, 
may establish fees at a level sufficient to cover all of 
a portion of the administrative costs to the United States 
Government of providing a line of credit under this sub-
section. The proceeds of such fees shall be deposited in 
an account to be used by the Secretary for the purpose 
of administering the program established under this sub-
chapter and shall be available upon deposit until expended. 
"(3) REPAYMENT.— 
"(A) SCHEDULE.—The Secretary shall establish a repay-
ment schedule for each direct loan under this subsection. 
Deadline. 
"(B) COMMENCEMENT.—Scheduled loan repayments of 
principal or interest on a direct loan under this subsection 
shall commence no later than 3 years after the date of 
the first draw on the line of credit and shall be repaid, 
with interest, not later than 18 years after the date of 
the first draw. 
"(e) RISK ASSESSMENT.—Before entering into an agreement 
under this section to make available a Federal credit instrument, 
the Secretary, in consultation with the Director of the Office of 
Management and Budget, shall determine an appropriate capital 
reserve subsidy amount for the Federal credit instrument based 
on such credit evaluations as the Secretary deems necessary. 
"(f) CONDITIONS.—Subject to subsection (h), the Secretary may 
only make a Federal credit instrument available under this section 
if the Secretary finds that— 
"(1) the aircraft to be purchased with the Federal 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 service to underserved markets; 
and 
"(3) the prospective earning power of the commuter air 
carrier or new entrant air carrier, together with the character 
and value of the security pledged, including the collateral value 
of the aircraft being acquired and any other assets or pledges 
used to secure the Federal credit instrument, furnish— 
"(A) reasonable assurances of the air carrier's ability 
and intention to repay the Federal credit instrument within 
the terms established by the Secretary— 
"(i) to continue its operations as an air carrier; 
and 
"(ii) to the extent that the Secretary determines 
to be necessary, to continue its operations as an air 
carrier between the same route or routes being oper-
ated by the air carrier at the time of the issuance 
of the Federal credit instrument; and 
"(B) reasonable protection to the United States. 
"(g) LIMITATION ON COMBINED AMOUNT OF FEDERAL CREDIT 
INSTRUMENTS.—The Secretary shall not allow the combined amount 
of Federal credit instruments available for any aircraft purchase 
under this section to exceed— 
"(1) 50 percent of the cost of the aircraft purchase; or 
"(2) $100,000,000 for any single obligor. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 101 
"(h) REQUIREMENT.—Subject to subsection (i), no Federal credit 
instrument may be made under this section for the purchase of 
any regional jet aircraft that does not comply with the stage 3 
noise levels of part 36 of title 14 of the Code of Federal Regulations, 
as in effect on January 1, 1999. 
"(i) OTHER LIMITATIONS.—No Federal credit instrument 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 transpor-
tation to the underserved market for which the aircraft is purchased 
for a period of not less than 36 consecutive months after the 
date that aircraft is placed in service. 
"§ 41764. Use of Federal facilities and assistance 
"(a) USE OF FEDERAL FACILITIES.—TO permit the Secretary 
of Transportation to make use of such expert advice and services 
as the Secretary may require in carrying out this subchapter, the 
Secretary may use available services 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 department 
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 information with 
respect to any Federal credit instrument made under this sub-
chapter as the Comptroller General may require to carry out the 
duties of the Comptroller General under chapter 7 of title 31, 
United States Code. 
"§ 41765. Administrative expenses 
"In carrying out this subchapter, the Secretary shall use funds 
made available by appropriations to the Department of Transpor-
tation 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 sub-
chapter. 
"§41766. Funding 
"Of the amounts appropriated under section 106(k) for each 
of fiscal years 2001 through 2003, such sums as may be necessary 
may be used to carry out this subchapter, including administrative 
expenses. 
"§ 41767. Termination 
"(a) 
AUTHORITY TO ISSUE FEDERAL CREDIT INSTRUMENTS.— 
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 sub-
chapter. 
"(b) 
CONTINUATION OF AUTHORITY TO ADMINISTER PROGRAM 
FOR EXISTING FEDERAL CREDIT INSTRUMENTS.—On and after the 
termination date, the Secretary shall continue to administer the 
114 STAT. 102 
PUBLIC LAW 106-181—APR. 5, 2000 
program established under this subchapter for Federal credit 
instruments issued under this subchapter before the termination 
date until all obligations associated with such instruments have 
been satisfied.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 417 
is amended by adding at the end the 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.". 
Subtitle B—^Airline Customer Service 
SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES. 
Section 41712 is amended— 
(1) by inserting "(a) IN GENERAL.—" before "On"; and 
(2) by adding at the end the following: 
"(b) E-TiCKET EXPIRATION NOTICE.—It shall be an unfair or 
deceptive practice under subsection (a) for any air carrier, foreign 
air carrier, or ticket agent utilizing electronically transmitted tickets 
for air transportation to fail to notify the purchaser of such a 
ticket of its expiration date, if any.". 
SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CON-
SUMER PROTECTION LAWS. 
(a) IN GENERAL.—Section 46301(a) is amended by adding at 
the end the following: 
"(7) CONSUMER PROTECTION.—Notwithstanding paragraphs 
(1) and (4), the maximum civil penalty for violating section 
40127 or 41712 (including a regulation prescribed or order 
issued under such section) or any other regulation prescribed 
by the Secretary that is intended to afford consumer protection 
to commercial air transportation passengers, shall be $2,500 
for each violation.". 
(b) TECHNICAL AMENDMENT.—Paragraph (6) of section 46301(a) 
is amended— 
(1) by inserting "AIR SERVICE TERMINATION NOTICE.—" 
before "Notwithstanding"; and 
(2) by aligning the left margin of such paragraph with 
paragraph (5) of such section. 
SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE 
CONSUMER 
PROTECTIONS. 
There are authorized to be appropriated to the Secretary for 
the purpose of ensuring compliance with, and enforcing, the rights 
of air travelers under sections 40127, 41705, and 41712 of title 
49, United States Code— 
(1) $2,300,000 for fiscal year 2000; 
(2) $2,415,000 for fiscal year 2001; 
(3) $2,535,750 for fiscal year 2002; and 
(4) $2,662,500 for fiscal year 2003. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 103 
SEC. 224. AIRLINE CUSTOMER SERVICE REPORTS. 
DeadUnes. 
(a) SECRETARY TO REPORT PLANS RECEIVED.—^Not later than 
September 15, 1999, each air carrier that provides scheduled pas-
senger air transportation and that is a member of the Air Transport 
Association, all of which have entered into the voluntary customer 
service commitments established by the Association on June 17, 
1999 (in this section referred to as the "Airline Customer Service 
Commitment"), shall provide a copy of its individual customer 
service plan to the Secretary. Upon receipt of each individual plan, 
the Secretary 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 
notice of receipt of the plan, together with a copy of the plan. 
(b) IMPLEMENTATION.—^The Inspector General of the Depart-
ment of Transportation shall monitor the implementation of any 
plan submitted by an air carrier to the Secretary under subsection 
(a) and evaluate the extent to which the carrier has met its commit-
ments under its plan. The carrier shall provide such information 
to the Inspector General as may be necessary for the Inspector 
General to prepare the report required by subsection (c). 
(c) REPORTS TO CONGRESS.— 
(1) INTERIM REPORT.— 
(A) IN GENERAL.—^Not later than June 15, 2000, the 
Inspector General shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report containing the Inspector 
General's findings under subsection (b). 
(B) CONTENTS.—^The report shall include a status 
report on completion, publication, and implementation of 
the Airline Customer Service Commitment and the indi-
vidual air carrier's plans to carry it out. The report shall 
also include a review of whether each air carrier described 
in subsection (a) has modified its contract of carriage or 
conditions of contract to reflect each item of the Airline 
Customer Service Commitment. 
(2) FINAL REPORT; RECOMMENDATIONS.— 
(A) IN GENERAL.—^Not later than December 31, 2000, 
the Inspector General 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 final report on the 
effectiveness of the Airline Customer Service Commitment 
and the individual air carrier plans to carry it out, 
including recommendations for improving accountability, 
enforcement, and consumer protections afforded to commer-
cial air passengers. 
(B) SPECIFIC CONTENT.—In the final report under 
subparagraph (A), the Inspector General shall include the 
following: 
(i) An evaluation of each carrier's plan as to 
whether it is consistent with the voluntary commit-
ments established by the Air Transport Association 
in the Airline Customer Service Commitment. 
(ii) An evaluation of each carrier as to the extent 
to which, and the manner in which, it has performed 
in carrying out its plan. 
114 STAT. 104 
PUBLIC LAW 106-181—APR. 5, 2000 
(iii) A description, by air carrier, of how the air 
carrier has implemented each commitment covered by 
its plan. 
(iv) An analysis, by air carrier, of the methods 
of meeting each such commitment and, in such anal-
ysis, provide information that allows consumers to 
make decisions on the quality of air transportation 
provided by such carriers. 
(v) A comparison of each air carrier's plan and 
the implementation of that plan with the customer 
service provided by a representative sampling of other 
air 
carriers 
providing 
scheduled 
passenger 
air 
transportation with aircraft similar in size to the air-
craft used by the carrier that submitted a plan so 
as to allow consumers to make decisions as to the 
relative quality of air transportation provided by each 
group of carriers. In making this comparison, the 
Inspector General shall give due regard to the dif-
ferences in the fares charged and the size of the air 
carriers being compared. 
SEC. 225. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAG-
GAGE. 
Deadline. 
Not later than 30 days after the date of the enactment of 
this Act, the Secretary shall initiate a rulemaking to increase the 
domestic baggage liability limit in part 254 of title 14, Code of 
Federal Regulations. 
SEC. 226. COMPTROLLER GENERAL INVESTIGATION. 
(a) STUDY.—The Comptroller General shall conduct a study 
on the potential effects on aviation consumers, including the impact 
on fares and service to small communities, of a requirement that 
air carriers permit a ticketed passenger to use any portion of 
a multiple-stop or round-trip air fare for transportation independent 
of any other portion without penalty. 
Deadline. 
(b) REPORT.—Not later than June 15, 2000, the Comptroller 
General shall transmit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives a report 
on the results of the study. 
SEC. 227. AIRLINE SERVICE QUALITY PERFORMANCE REPORTS. 
(a) MODIFICATION OF REPORTS.—In consultation with the task 
force to be established under subsection (b), the Secretary shall 
modify the regulations in part 234 of title 14, Code of Federal 
Regulations, relating to airline service quality performance reports, 
to disclose more fully to the public the nature and source of delays 
and cancellations experienced by air travelers. 
Deadline. 
(b) TASK FoRCE.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall establish a task 
force including officials of the Federal Aviation Administration and 
representatives of airline consumers and air carriers to develop 
alternatives and criteria for the modifications to be made under 
subsection (a). 
(c) USE OF CATEGORIES.—In making modifications under sub-
section (a), the Secretary shall— 
(1) establish categories that reflect the reasons for delays 
£uid cancellations experienced by air travelers; 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 105 
(2) require air carriers to use such categories in submitting 
information to be included in airline service quality performance 
reports; and 
(3) use such categories in reports of the Department of 
Transportation on information received in airline service quality 
performance reports. 
SEC. 228. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMA-
TION AND CHOICE IN THE AIRLINE INDUSTRY. 
(a) ESTABLISHMENT.—There is established a commission to be 
known as the "National Commission to Ensure Consumer Informa-
tion and Choice in the Airline Industry" (in this section referred 
to as the "Commission"). 
(b) DUTIES.— 
(1) STUDY.—The Commission shall undertake a study o
f
— 
(A) whether the financial condition of travel agents 
is declining and, if so, the effect that this will have on 
consumers; and 
(B) whether there are impediments to information 
regarding the services and products offered by the airline 
industry and, if so, the effects of those impediments on 
travel agents, Internet-based distributors, and consumers. 
(2) SMALL TRAVEL AGENTS.—In conducting the study, the 
Commission shall pay special attention to the condition of travel 
agencies with $1,000,000 or less in annual revenues. 
(c) RECOMMENDATIONS.—Based on the results of the study 
under subsection (b), the Commission shall make such recommenda-
tions as it considers necessary to improve the condition of travel 
agents, especially travel agents described in subsection (b)(2), and 
to improve consumer access to travel information. 
(d) MEMBERSHIP.— 
(1) APPOINTMENT.—The Commission shall be composed of 
nine members as follows: 
(A) Three members appointed by the Secretary. 
(B) Two members appointed by the Speaker of the 
House of Representatives. 
(C) One member appointed by the minority leader of 
the House of Representatives. 
(D) Two members appointed by the majority leader 
of the Senate. 
(E) One member appointed by the minority leader of 
the Senate. 
(2) QUALIFICATIONS.—Of the members appointed by the 
Secretary under paragraph (1)(A)— 
(A) one member shall be a representative of the travel 
agent industry; 
(B) one member shall be a representative of the airline 
industry; and 
(C) one member shall be an individual who is not 
a representative of either of the industries referred to in 
subparagraphs (A) and (B). 
(3) TERMS.—Members shall be appointed for the life of 
the Commission. 
(4) VACANCIES.—A vacancy in the Commission shall be 
filled in the manner in which the original appointment was 
made. 
114 STAT. 106 
PUBLIC LAW 106-181—APR. 5, 2000 
(5) TRAVEL EXPENSES.—Members shall serve without pay 
but shall receive travel expenses, including per diem in lieu 
of subsistence, in accordance with subchapter I of chapter 57 
of title 5, United States Code. 
(6) CHAIRPERSON.—The member appointed by the Secretary 
of Transportation under paragraph (2)(C) shall serve as the 
Chairperson of the Commission (referred to in this section 
as the "Chairperson"). 
(e) COMMISSION PANELS.—The Chairperson shall establish such 
panels consisting of members of the Commission as the Chairperson 
determines appropriate to carry out the functions of the Commis-
sion. 
(f) STAFF.—The Commission may appoint and fix the pay of 
such personnel as it considers appropriate. 
(g) STAFF OF FEDERAL AGENCIES.—Upon request of the Commis-
sion, the head of any department or agency of the United States 
may detail, on a reimbursable basis, any of the personnel of that 
department or agency to the Commission to assist it in carrying 
out its duties under this section. 
(h) OTHER STAFF AND SUPPORT.—Upon the request of the 
Commission, or a panel of the Commission, the Secretary of 
Transportation shall provide the Commission or panel with profes-
sional and administrative staff and other support, on a reimbursable 
basis, to assist the Commission or panel in carrying out its respon-
sibilities. 
(i) OBTAINING OFFICIAL DATA.—The Commission may secure 
directly from any department or agency of the United States 
information (other than information required by any statute of 
the United States to be kept confidential by such department or 
agency) necessary for the Commission to carry out its duties under 
this section. Upon request of the Commission, the head of that 
department or agency shall furnish such nonconfidential informa-
tion to the Commission. 
Deadline. 
(j) REPORT.—Not later than 6 months after the date on which 
initial appointments of members to the Commission are completed, 
the Commission shall transmit to the President and Congress a 
report on the activities of the Commission, including recommenda-
tions made by the Commission under subsection (c). 
(k) TERMINATION.—The Commission shall terminate on the 30th 
day following the date of transmittal of the report under subsection 
(J). 
(1) APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.— 
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Commission. 
Subtitle C—Competition 
SEC. 231. CHANGES IN, AND PHASE-OUT OF, SLOT RULES. 
(a) RULES THAT APPLY TO ALL SLOT EXEMPTION REQUESTS.— 
(1) PROMPT CONSIDERATION OF REQUESTS.—Section 41714(i) 
is amended to read as follows: 
"(i) 60-DAY APPLICATION PROCESS.— 
"(1) REQUEST FOR SLOT EXEMPTIONS.—Any slot exemption 
request filed with the Secretary under this section or section 
41716 or 41717 (other than subsection (c)) shall include— 
"(A) the names of the airports to be served; 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 107 
"(B) the times requested; and 
"(C) such additional information as the Secretary may 
require. 
"(2) ACTION ON REQUEST; FAILURE TO ACT.—Within 60 days 
after a slot exemption request under this section or section 
41716 or 41717 (other than subsection (c)) is received by the 
Secretary, the Secretary shall— 
"(A) approve the request if the Secretary determines 
that the requirements of the section under which the 
request is made are met; 
"(B) return the request to the applicant for additional 
information relating to the request to provide air transpor-
tation; or 
"(C) deny the request and state the reasons for its 
denial. 
"(3) 60-DAY PERIOD TOLLED FOR TIMELY REQUEST FOR MORE 
INFORMATION.—If the Secretary returns under paragraph (2)(B) 
the request for additional information during the first 20 days 
after the request is filed, then the 60-day period under para-
graph (2) shall be tolled until the date on which the additional 
information is filed with the Secretary. 
"(4) FAILURE TO DETERMINE DEEMED APPROVAL.—If the Sec-
retary neither approves the request under paragraph (2)(A) 
nor denies the request under paragraph (2)(C) within the 60-
day period beginning on the date the request is received, 
excepting any days during which the 60-day period is tolled 
under paragraph (3), then the request is deemed to have been 
approved on the 61st day, after the request was filed with 
the Secretary.". 
(2) EXEMPTIONS MAY NOT BE TRANSFERRED.—Section 41714 
is further amended by adding at the end the following: 
"(j) EXEMPTIONS MAY NOT BE TRANSFERRED.—No exemption 
from the requirements of subparts K and S of part 93 of title 
14, Code of Federal Regulations, granted under this section or 
section 41716, 41717, or 41718 may be bought, sold, leased, or 
otherwise transferred by the carrier to which it is granted.". 
(3) EQUAL TREATMENT OF AFFILIATED CARRIERS.—Section 
41714 (as amended by paragraph (2) of this subsection) is 
further amended by adding at the end the following: 
"(k) AFFILIATED CARRIERS.—For purposes of this section and 
sections 41716, 41717, and 41718, an air carrier that operates 
under the same designator code, or has or enters into a code-
share agreement, with any other air carrier shall not qualify for 
a new slot or slot exemption as a new entrant or limited incumbent 
air carrier at an airport if the total number of slots and slot 
exemptions held by the two carriers at the airport exceed 20 slots 
and slot exemptions.". 
(4) NEW ENTRANT SLOTS.—Section 41714(c) is amended— 
(A) by striking the subsection designation and heading 
and "(1) IN GENERAL.—If the Secretary" and inserting the 
following: 
"(c) SLOTS FOR NEW ENTRANTS.—If the Secretary"; 
(B) by striking "and the circumstances to be excep-
tional"; and 
(C) by striking paragraph (2). 
(5) DEFINITIONS.—Section 41714(h) is amended— 
114 STAT. 108 
PUBLIC LAW 106-181—APR. 5, 2000 
(A) by striking "and section 41734(h)" and inserting 
"and sections 41715-41718 and 41734(h)"; 
(B) in paragraph (3) by striking "as defined" and all 
that follows through "Federal Regulations"; and 
(C) by adding at the end the following: 
"(5) LIMITED INCUMBENT AIR CARRIER.—The term 'limited 
incumbent air carrier' has the meaning given that term in 
subpart S of part 93 of title 14, Code of Federal Regulations; 
except that— 
"(A) '20' shall be substituted for '12' in sections 
93.213(a)(5), 93.223(c)(3), and 93.225(h); 
"(B) for purposes of such sections, the term 'slot' shall 
include 'slot exemptions'; and 
"(C) for Ronald Reagan Washington National Airport, 
the Administrator shall not count, for the purposes of sec-
tion 93.213(a)(5), slots currently held by an air carrier 
but leased out on a long-term basis by that carrier for 
use in foreign air transportation and renounced by the 
carrier for return to the Department of Transportation 
or the Federal Aviation Administration. 
"(6) REGIONAL JET.—The term 'regional jet' means a pas-
senger, turbofan-powered aircraft with a certificated maximum 
passenger seating capacity of less than 71. 
"(7) NONHUB AIRPORT.—The term 'nonhub airport' means 
an airport that had less than .05 percent of the total annual 
boardings in the United States as determined under the Federal 
Aviation 
Administration's 
Primary 
Airport 
Enplanement 
Activity Summary for Calendar Year 1997. 
"(8) SMALL HUB AIRPORT.—The term 'small hub airport' 
means an airport that had at least .05 percent, but less than 
.25 percent, of the total annual boardings in the United States 
as determined under the summary referred to in paragraph 
(7). 
"(9) MEDIUM HUB AIRPORT.—The term 'medium hub airport' 
means an airport that each year has at least .25 percent, 
but less than 1.0 percent, of the total annual boardings in 
the United States as determined under the summary referred 
to in paragraph (7).". 
(b) PHASE-OUT OF SLOT RULES.—Chapter 417 is amended— 
(1) by redesignating sections 41715 and 41716 as sections 
41719 and 41720; and 
(2) by inserting after section 41714 the following: 
"§ 41715. Phase-out of slot rules at certain airports 
"(a) TERMINATION.—The rules contained in subparts S and K 
of part 93, title 14, Code of Federal Regulations, shall not apply— 
"(1) after July 1, 2002, at Chicago O'Hare International 
Airport; and 
"(2) after January 1, 2007, at LaGuardia Airport or John 
F. Kennedy International Airport. 
"(b) STATUTORY CONSTRUCTION.—Nothing in this section and 
sections 41714 and 41716-41718 shall be construed— 
"(1) as affecting the Federal Aviation Administration's 
authority for safety and the movement of air traffic; and 
"(2) as affecting any other authority of the Secretary to 
grant exemptions under section 41714. 
"(c) FACTORS TO CONSIDER.— 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 109 
"(1) IN GENERAL.—Before the award of slot exemptions 
under sections 41714 and 41716-41718, the Secretary of 
Transportation may consider, among other determining factors, 
whether the petitioning air carrier's proposal provides the max-
imum benefit to the United States economy, including the 
number of United States jobs created by the air carrier, its 
suppliers, and related activities. The Secretary should give 
equal consideration to the consumer benefits associated with 
the award of such exemptions. 
"(2) APPLICABILITY.—Paragraph (1) does not apply in any 
case in which the air carrier requesting the slot exemption 
is proposing to use under the exemption a type of aircraft 
for which there is not a competing United States manufac-
turer.". 
(c) SPECIAL RULES AFFECTING LAGUARDIA AIRPORT AND JOHN 
F. I^NNEDY INTERNATIONAL AIRPORT.—Chapter 417 (as amended 
by subsection (b) of this section) is amended by inserting after 
section 41715 the following: 
"§ 41716. Interim slot rules at New York airports 
"(a) EXEMPTIONS FOR AIR SERVICE TO SMALL AND NONHUB 
AIRPORTS.—Subject to section 41714(i), the Secretary of Transpor-
tation shall grant, by order, exemptions from the requirements 
under subparts K and S of part 93 of title 14, Code of Federal 
Regulations (pertaining to slots at high density airports) to any 
air carrier to provide nonstop air transportation, using an aircraft 
with a certificated maximum seating capacity of less than 71, 
between LaGuardia Airport or John F. Kennedy International Air-
port and a small hub airport or nonhub airport— 
"(1) if the air carrier was not providing such air transpor-
tation during the week of November 1, 1999; 
"(2) if the number of flights to be provided between such 
airports by the air carrier during any week will exceed the 
number of flights provided by the air carrier between such 
airports during the week of November 1, 1999; or 
"(3) if the air transportation to be provided under the 
exemption will be provided with a regional jet as replacement 
of turboprop air transportation that was being provided during 
the week of November 1, 1999. 
"(b) EXEMPTIONS FOR NEW ENTRANT AND LIMITED INCUMBENT 
AIR CARRIERS.—Subject to section 41714(i), the Secretary shall 
grant, by order, 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 any new entrant air 
carrier or limited incumbent air carrier to provide air transportation 
to or from LaGuardia Airport or John F. Kennedy International 
Airport if the number of slot exemptions granted under this sub-
section to such air carrier with respect to such airport when added 
to the slots and slot exemptions held by such air carrier with 
respect to such airport does not exceed 20. 
"(c) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be 
granted under this section with respect to any aircraft that is 
not a Stage 3 aircraft (as defined by the Secretary). 
"(d) PRESERVATION OF CERTAIN EXISTING SLOT-RELATED AIR 
SERVICE.—An air carrier that provides air transportation of pas-
sengers from LaGuardia Airport or John F. Kennedy International 
Airport to a small hub airport or nonhub airport, or to an airport 
114 STAT. 110 
PUBLIC LAW 106-181—APR. 5, 2000 
that is smaller than a nonhub airport, on or before the date of 
the enactment of this subsection pursuant to an exemption from 
the requirements of subparts K and S of part 93 of title 14, Code 
of Federal Regulations (pertaining to slots at high density airports), 
or where slots were issued to an air carrier conditioned on a 
specific airport being served, may not terminate air transportation 
for that route before July 1, 2003, unless— 
"(1) before October 1, 1999, the Secretary received a written 
air service termination notice for that route; or 
"(2) after September 30, 1999, the air carrier submits an 
air service termination notice under section 41719 for that 
route and the Secretary determines that the carrier suffered 
excessive losses, including substantial losses on operations on 
that route during any three quarters of the year immediately 
preceding the date of submission of the notice.", 
(d) SPECIAL RULES AFFECTING CHICAGO O'HARE INTERNATIONAL 
AIRPORT.— 
(1) NONSTOP REGIONAL JET, NEW ENTRANTS, AND LIMITED 
INCUMBENTS.—Chapter 417 (as amended by subsection (c) of 
this section) is further amended by inserting after section 41716 
the following: 
"§41717. Interim application of slot rules at Chicago O'Hare 
International Airport 
"(a) SLOT OPERATING WINDOW NARROWED.—Effective July 1, 
2001, the requirements of subparts K and S of part 93 of title 
14, Code of Federal Regulations, do not apply with respect to 
aircraft operating before 2:45 post meridiem and after 8:14 post 
meridiem at Chicago O'Hare International Airport. 
"(b) 
EXEMPTIONS FOR AIR SERVICE TO SMALL AND NONHUB 
AIRPORTS.—Effective May 1, 2000, subject to section 41714(i), the 
Secretary of Transportation shall grant, by order, exemptions from 
the requirements of subparts K and S of part 93 of title 14, Code 
of Federal Regulations (pertaining to slots at high density airports), 
to any air carrier to provide nonstop air transportation, using 
an aircraft with a certificated maximum seating capacity of less 
than 71, between Chicago O'Hare International Airport and a small 
hub or nonhub airport— 
"(1) if the air carrier was not providing such air transpor-
tation during the week of November 1, 1999; 
"(2) if the number of flights to be provided between such 
airports by the air carrier during any week will exceed the 
number of flights provided by the air carrier between such 
airports during the week of November 1, 1999; or 
"(3) if the air transportation to be provided under the 
exemption will be provided with a regional jet as replacement 
of turboprop air transportation that was being provided during 
the week of November 1, 1999. 
"(c) EXEMPTIONS FOR NEW ENTRANT AND LIMITED INCUMBENT 
AIR CARRIERS.— 
"(1) IN GENERAL.—The Secretary shall grant, by order, 
30 exemptions from the requirements under subparts K and 
S of part 93 of title 14, Code of Federal Regulations, to any 
new entrant air carrier or limited incumbent air carrier to 
provide air transportation to or from Chicago O'Hare Inter-
national Airport. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. I l l 
"(2) DEADLINE FOR GRANTING EXEMPTIONS.—The Secretary 
shall grant an exemption under paragraph (1) within 45 days 
of the date of the request for such exemption if the person 
making the request qualifies as a new entrant air carrier or 
limited incumbent air carrier. 
"(d) SLOTS USED TO PROVIDE TURBOPROP SERVICE.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
a slot used to provide turboprop air transportation that is 
replaced with regional jet air transportation under subsection 
(b)(3) may not be used, sold, leased, or otherwise transferred 
after the date the slot exemption is granted to replace the 
turboprop air transportation. 
"(2) TWO-FOR-ONE EXCEPTION.—An air carrier that other-
wise could not use 2 slots as a result of paragraph (1) may 
use 1 of such slots to provide air transportation. 
"(3) WITHDRAWAL OF SLOT.—If the Secretary determines 
that an air carrier that is using a slot under paragraph (2) 
is no longer providing the air transportation that replaced 
the turboprop air transportation, the Secretary shall withdraw 
the slot that is being used under paragraph (2). 
"(4) CONTINUATION.—If the Secretary determines that an 
air carrier that is using a slot under paragraph (2) is no 
longer providing the air transportation that replaced the turbo-
prop air transportation with a regional jet, the Secretary shall 
withdraw the slot being used by the air carrier under paragraph 
(2) but shall allow the air carrier to continue to hold the 
exemption granted to the air carrier under subsection (b)(3). 
"(e) INTERNATIONAL SERVICE AT O'HARE AIRPORT.— 
"(1) TERMINATION OF REQUIREMENTS.—Subject to para-
graph (2), the requirements of subparts K and S of part 93 
of title 14, Code of Federal Regulations, shall be of no force 
and effect at Chicago O'Hare International Airport after May 
1, 2000, with respect to any aircraft providing foreign air 
transportation. 
"(2) EXCEPTION RELATING TO RECIPROCITY.—The Secretary 
may limit access to Chicago O'Hare International Airport with 
respect to foreign air transportation being provided by a foreign 
air carrier domiciled in a country to which an air carrier pro-
vides nonstop air transportation from the United States if 
the country in which that carrier is domiciled does not provide 
reciprocal airport access for air carriers. 
"(f) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be 
granted under this section with respect to any aircraft that is 
not a Stage 3 aircraft (as defined by the Secretary). 
"(g) PRESERVATION OF CERTAIN EXISTING SLOT-RELATED AIR 
SERVICE.—An air carrier that provides air transportation of pas-
sengers from Chicago O'Hare International Airport to a small hub 
airport or nonhub airport, or to an airport that is smaller than 
a nonhub airport, on or before the date of the enactment of this 
subsection pursuant to an exemption from the requirements of 
subparts K and S of part 93 of title 14, Code of Federal Regulations 
(pertaining to slots at high density airports), or where slots were 
issued to an air carrier conditioned on a specific airport being 
served, may not terminate air transportation service for that route 
for a period of 1 year after the date on which those requirements 
cease to apply to such airport unless— 
114 STAT. 112 
PUBLIC LAW 106-181—APR. 5, 2000 
Effective date. 
49 use 41714 
note. 
"(1) before October 1, 1999, the Secretary received a written 
air service termination notice for that route; or 
"(2) after September 30, 1999, the air carrier submits an 
air service termination notice under section 41719 for that 
route and the Secretary determines that the carrier suffered 
excessive losses, including substantial losses on operations on 
that route during the calendar quarters immediately preceding 
submission of the notice.". 
(2) ELIMINATION OF BASIC ESSENTIAL AIR SERVICE EXEMP-
TION LIMIT.—Section 41714(a)(3) is amended by striking "; 
except that" and all that follows through "132 slots". 
(3) 
PROHIBITION 
OF 
SLOT 
WITHDRAWALS.—Section 
41714(b)(2) is amended— 
(A) by inserting "at Chicago O'Hare International Air-
port" after "a slot"; and 
(B) by striking "if the withdrawal" and all that follows 
through "1993". 
(4) CONVERSIONS.—Section 41714(b)(4) is amended to read 
as follows: 
"(4) CONVERSIONS OF SLOTS.—Effective May 1, 2000, slots 
at Chicago O'Hare International Airport allocated to an air 
carrier as of November 1, 1999, to provide foreign air transpor-
tation shall be made available to such carrier to provide inter-
state or intrastate air transportation.". 
(5) RETURN OF WITHDRAWN SLOTS.—The Secretary shall 
return any slot withdrawn from an air carrier under section 
41714(b) of title 49, United States Code, before the date of 
the enactment of this Act, to that carrier on April 30, 2000. 
(e) SPECIAL RULES AFFECTING REAGAN WASHINGTON NATIONAL 
AIRPORT.— 
(1) IN GENERAL.—Chapter 417 (as amended by subsection 
(d) of this section) is further amended by inserting after section 
41717 the following: 
"§41718. Special 
rules for Ronald Reagan 
Washington 
National Airport 
"(a) BEYOND-PERIMETER EXEMPTIONS.—The Secretary shall 
grant, by order, 12 exemptions from the application of sections 
49104(a)(5), 49109, 49111(e), and 41714 of this title to air carriers 
to operate limited frequencies and aircraft on select routes between 
Ronald Reagan Washington National Airport and domestic hub 
airports and exemptions from the requirements of subparts K and 
S of part 93, Code of Federal Regulations, if the Secretary finds 
that the exemptions will— 
"(1) provide air transportation with domestic network bene-
fits in areas beyond the perimeter described in that section; 
"(2) increase competition by new entrant air carriers or 
in multiple markets; 
"(3) not reduce travel options for communities served by 
small hub airports and medium hub airports within the perim-
eter described in section 49109; and 
"(4) not result in meaningfully increased travel delays. 
"(b) WITHIN-PERIMETER EXEMPTIONS.—The Secretary 
shall 
grant, by order, 12 exemptions from the requirements of sections 
49104(a)(5), 49111(e), and 41714 of this title and subparts K and 
S of part 93 of title 14, Code of Federal Regulations, to air carriers 
for providing air transportation to airports that were designated 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 113 
as medium hub or smaller airports within the perimeter established 
for civil aircraft operations at Ronald Reagan Washington National 
Airport under section 49109. The Secretary shall develop criteria 
for distributing slot exemptions for flights within the perimeter 
to such airports under this paragraph in a manner that promotes 
air transportation— 
"(1) by new entrant air carriers and limited incumbent 
air carriers; 
"(2) to communities without existing nonstop air transpor-
tation to Ronald Reagan Washington National Airport; 
"(3) to small communities; 
"(4) that will provide competitive nonstop air transportation 
on a monopoly nonstop route to Ronald Reagan Washington 
National Airport; or 
"(5) that will produce the maximum competitive benefits, 
including low fares. 
"(c) LIMITATIONS.— 
"(1) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not 
be granted under this section with respect to any aircraft 
that is not a Stage 3 aircraft (as defined by the Secretary). 
"(2) GENERAL EXEMPTIONS.—The exemptions granted under 
subsections (a) and (b) may not be for operations between 
the hours of 10:00 p.m. and 7:00 a.m. and may not increase 
the number of operations at Ronald Reagan Washington 
National Airport in any 1-hour period during the hours between 
7:00 a.m. and 9:59 p.m. by more than two operations. 
"(3) ALLOCATION OP WITHIN-PERIMETER EXEMPTIONS.—Of 
the exemptions granted under subsection (b)— 
"(A) four shall be for air transportation to small hub 
airports and nonhub airports; and 
"(B) eight shall be for air transportation to medium 
hub and smaller airports. 
"(4) APPLICABILITY TO EXEMPTION NO. 5133.—Nothing in 
this section affects Exemption No. 5133, as from time-to-time 
amended and extended. 
"(d) APPLICATION PROCESS.— 
"(1) DEADLINE FOR SUBMISSION.—^AU requests for exemp-
tions under this section must be submitted to the Secretary 
not later than the 30th day following the date of the enactment 
of this subsection. 
"(2) DEADLINE FOR COMMENTS.—All comments with respect 
to any request for an exemption under this section must be 
submitted to the Secretary not later than the 45th day following 
the date of the enactment of this subsection. 
"(3) DEADLINE FOR FINAL DECISION.—Not later than the 
90th day following the date of the enactment of this Act, the 
Secretary shall make a decision regarding whether to approve 
or deny any request that is submitted to the Secretary in 
accordance with paragraph (1). 
"(e) APPLICABILITY OF CERTAIN LAWS.—Neither the request for, 
nor the granting of an exemption, under this section shall be 
considered for purposes of any Federal law a major Federal action 
significantly affecting the quality of the human environment.". 
(2) OVERRIDE OF MWAA RESTRICTION.—Section 49104(a)(5) 
is amended by adding at the end thereof the following: 
"(D) Subparagraph (C) does not apply to any increase in 
the number of instrument flight rule takeoffs and landings 
114 STAT. 114 
PUBLIC LAW 106-181—APR. 5, 2000 
necessary to implement exemptions granted by the Secretary 
under section 41718.". 
(3) M W A A NOISE-RELATED GRANT ASSURANCES.— 
(A) IN GENERAL.—In addition to any condition for 
approval of an airport development project that is the 
subject of a grant application submitted to the Secretary 
under chapter 471 of title 49, United States Code, by the 
Metropolitan Washington Airports Authority, the Authority 
shall be required to submit a written assurance that, for 
each such grant made for use at Ronald Reagan Wash-
ington National Airport for fiscal year 2000 or any subse-
quent fiscal year— 
(i) the Authority will make available for that fiscal 
year funds for noise compatibility planning and pro-
grams that are eligible to receive funding under such 
chapter in an amount not less than 10 percent of 
the amount apportioned to the Ronald Reagan Wash-
ington National Airport under section 47114 of such 
title for that fiscal year; and 
(ii) the Authority will not divert funds from a 
high priority safety project in order to make funds 
available for noise compatibility planning and pro-
grams. 
(B) WAIVER.—The Secretary may waive the require-
ments of subparagraph (A) for any fiscal year for which 
the Secretary determines that the Authority is in compli-
ance with applicable airport noise compatibility planning 
and program requirements under part 150 of title 14, Code 
of Federal Regulations. 
(C) SUNSET.—This paragraph shall cease to be in effect 
5 years after the date of the enactment of this Act if 
on that date the Secretary certifies that the Authority 
has achieved compliance with applicable noise compatibility 
planning and program requirements under part 150 of 
title 14, Code of Federal Regulations. 
Deadline. 
(4) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall certify to the Com-
mittee on Commerce, Science, and Transportation of the Senate, 
the Committee on Transportation and Infrastructure of the 
House of Representatives, the governments of Maryland, Vir-
ginia, and West Virginia, and the metropolitan planning 
organization for Washington, B.C., that noise standards, air 
traffic congestion, airport-related vehicular congestion, safety 
standards, and adequate air service to communities served 
by small hub airports and medium hub airports within the 
perimeter described in section 49109 of title 49, United States 
Code, have been maintained at appropriate levels, 
(f) NOISE COMPATIBILITY PLANNING AND PROGRAMS.—Section 
47117(e) is amended by adding at the end the following: 
"(3) PRIORITY.—The Secretary shall give priority in making 
grants under paragraph (1)(A) to applications for airport noise 
compatibility planning and programs at and around— 
"(A) Chicago O'Hare International Airport; 
"(B) LaGuardia Airport; 
"(C) John F. Kennedy International Airport; and 
"(D) Ronald Reagan Washington National Airport.". 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 115 
(g) STUDY OF COMMUNITY NOISE LEVELS AROUND HIGH DENSITY 
AIRPORTS.—The Secretary shall study community noise levels in 
the areas surrounding the four high-density airports in fiscal year 
2001 and compare those levels with the levels in such areas before 
1991. 
(h) EXTENSION OF APPLICATION APPROVALS.—Section 49108 is 
amended by striking "2001" and inserting "2004". 
(i) ELIMINATION OF DEADLINE FOR APPOINTMENT OF MEMBERS 
TO 
BOARD OF DIRECTORS.—Section 49106(c)(6) is amended by 
striking subparagraph (C) and by redesignating subparagraph (D) 
as subparagraph (C). 
(j) CONFORMING AMENDMENTS.— 
(1) OPERATION LIMITATIONS.—Section 49111 is amended 
by striking subsection (e). 
(2) CHAPTER ANALYSIS.—The analysis for subchapter I of 
chapter 417 is amended— 
(A) redesignating the items relating to sections 41715 
and 41716 as items relating to sections 41719 and 41720, 
respectively; and 
(B) by inserting after the item relating to section 41714 
the following: 
"41715. Phase-out of slot rules at certain airports. 
"41716. Interim slot rules at New York airports. 
"41717. Interim application of slot rules at Chicago O'Hare International Airport. 
"41718. Special Rules for Ronald Reagan Washington National Airport.". 
TITLE III—FAA MANAGEMENT REFORM 
SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED. 
Section 40102(a) is amended by adding at the end the following: 
"(42) 'air traffic control system' means the combination 
of elements used to safely and efficiently monitor, direct, con-
trol, and guide aircraft in the United States and United States-
assigned airspace, including— 
"(A) allocated electromagnetic spectrum and physical, 
real, personal, and intellectual property assets making up 
facilities, equipment, and systems employed to detect, 
track, and guide aircraft movement; 
"(B) laws, regulations, orders, directives, agreements, 
and licenses; 
"(C) published 
procedures 
that 
explain 
required 
actions, activities, and techniques used to ensure adequate 
aircraft separation; and 
"(D) trained personnel with specific technical capabili-
ties to satisfy the operational, engineering, management, 
and planning requirements for air traffic control.". 
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT. 
(a) AVIATION MANAGEMENT ADVISORY COUNCIL.— 
(1) MEMBERSHIP.—Section 106(p)(2) is amended— 
(A) by striking "and" at the end of subparagraph (B); 
and 
(B) by striking subparagraph (C) and inserting the 
following: 
"(C) 10 members representing aviation interests, 
appointed by— 
114 STAT. 116 
PUBLIC LAW 106-181—APR. 5, 2000 
"(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 appointments to 
the Council, the Secretary of Transportation; 
"(D) 1 member appointed, from among individuals who 
are the leaders of their respective unions of air traffic 
control system employees, 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 appointments to 
the Council, the Secretary of Transportation; and 
"(E) 5 members appointed by the Secretary after con-
sultation with the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate.". 
(2) QUALIFICATIONS.—Section 106(p)(3) is amended— 
(A) 
by 
inserting 
"(A) 
No 
FEDERAL 
OFFICER OR 
EMPLOYEE.—" before "No member"; 
(B) by inserting "or (2)(E)" after "paragraph (2)(C)"; 
(C) by adding at the end the following: 
"(B) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Members 
appointed under paragraph (2)(E) 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 affili-
ation and solely on the basis of their professional 
experience and expertise in one or more of the following 
areas: 
"(I) Management of large service organiza-
tions. 
"(II) Customer service. 
"(Ill) Management of large procurements. 
"(IV) Information and communications tech-
nology. 
"(V) Organizational development. 
"(VI) Labor relations. 
At least one of such members should have a background 
in managing large organizations successfully. In the aggre-
gate, such members should collectively bring to bear exper-
tise in all of the areas described in subclauses (I) through 
(VI). 
"(C) PROHIBITIONS ON MEMBERS OF SUBCOMMITTEE.— 
No member appointed under paragraph (2)(E) may— 
"(i) have a pecuniary interest in, or own stock 
in or bonds of, an aviation or aeronautical enterprise, 
except an interest in a diversified mutual fund or an 
interest that is exempt fi'om the application of section 
208 of title 18; 
"(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 activities, in activi-
ties to influence aviation-related legislation."; and 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 117 
(D) by indenting subparagraph (A) (as designated by 
subparagraph (A) of this paragraph) and ahgning it with 
subparagraph (B) of such section (as added by subpara-
graph (C) of this paragraph), 
(b) TERMS OF MEMBERS.—Section 106(p)(6) is amended— 
(1) by redesignating subparagraphs (B), (C), and (D) as 
subparagraphs (J), (K), and (L), respectively; and 
(2) by striking subparagraph (A) and inserting the fol-
lowing: 
"(A) TERMS OF MEMBERS APPOINTED UNDER PARAGRAPH 
(2)(C).—Members of the Council appointed under paragraph 
(2)(C) shall be appointed for a term of 3 years. Of the 
members first appointed by the President under paragraph 
(2)(C)-
"(i) 3 shall be appointed for terms of 1 year; 
"(ii) 4 shall be appointed for terms of 2 years; 
and 
"(iii) 3 shall be appointed for terms of 3 years. 
"(B) TERM FOR AIR TRAFFIC CONTROL REPRESENTA-
TIVE.—The member appointed under paragraph (2)(D) shall 
be appointed for a term of 3 years, except that the term 
of such individual shall end whenever the individual no 
longer meets the requirements of paragraph (2)(D). 
"(C) TERMS FOR AIR TRAFFIC SERVICES SUBCOMMITTEE 
MEMBERS.—The member appointed under paragraph (2)(E) 
shall be appointed for a term of 5 years, except that of 
the members first appointed under paragraph (2)(E)— 
"(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) 1 member shall be appointed for a term of 
5 years. 
"(D) 
REAPPOINTMENT.—An individual may not be 
appointed under paragraph (2)(E) to more than two 5-
year terms. 
"(E) VACANCY.—Any vacancy on the Council shall be 
filled in the same manner as the original appointment, 
except that any vacancy caused by a member appointed 
by the President under paragraph (2)(C)(i) shall be filled 
by the Secretary in accordance with paragraph (2)(C)(ii). 
Any member appointed to fill a vacancy occurring before 
the expiration of the term for which the member's prede-
cessor was appointed shall be appointed for the remainder 
of that term. 
"(F) CONTINUATION IN OFFICE.—A member whose term 
expires shall continue to serve until the date on which 
the member's successor takes office. 
"(G) REMOVAL.—Any member of the Council appointed 
under paragraph (2)(D) may be removed for cause by the 
President or Secretary whoever makes the appointment. 
Any member of the Council appointed under paragraph 
(2)(E) may be removed for cause by the Secretary. 
"(H) CLAIMS AGAINST MEMBERS OF SUBCOMMITTEE.— 
"(i) IN GENERAL.—A member appointed under para-
graph (2)(E) shall have no personal liability under 
Federal law with respect to any claim arising out of 
114 STAT. 118 
PUBLIC LAW 106-181—APR. 5, 2000 
or resulting from an act or omission by such member 
within the scope of service as a member of the Air 
Traffic Services Subcommittee. 
"(ii) EFFECT ON OTHER LAW.—This subparagraph 
shall not be construed— 
"(I) to affect any other immunity or protection 
that may be available to a member of the Sub-
committee under applicable law with respect to 
such transactions; 
"(II) to affect any other right or remedy against 
the United States under applicable law; or 
"(III) to limit or alter in any way the immuni-
ties that are available under applicable law for 
Federal officers and employees. 
"(I) ETHICAL CONSIDERATIONS.— 
"(i) FINANCIAL DISCLOSURE.—During the entire 
period that an individual appointed under paragraph 
(2)(E) is a member of the Subcommittee, such indi-
vidual shall be treated as serving as an officer or 
employee referred to in section 101(f) of the Ethics 
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 number of days of service 
in the position. 
"(ii) 
RESTRICTIONS 
ON 
POST-EMPLOYMENT.—For 
purposes of section 207(c) of title 18, an individual 
appointed under paragraph (2)(E) shall be treated as 
an employee referred to in section 207(c)(2)(A)(i) of 
such title during the entire period the individual is 
a member of the Subcommittee; except that subsections 
(c)(2)(B) and (f) of section 207 of such title shall not 
apply.", 
(c) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Section 106(p) is 
amended by adding at the end the following: 
"(7) AIR TRAFFIC SERVICES SUBCOMMITTEE.— 
"(A) IN GENERAL.—The Management Advisory Council 
shall have an air traffic services subcommittee (in this 
paragraph referred to as the 'Subcommittee') composed of 
the five members appointed under paragraph (2)(E). 
"(B) GENERAL RESPONSIBILITIES.— 
"(i) OVERSIGHT.—The Subcommittee shall oversee 
the administration, management, conduct, direction, 
and supervision of the air traffic control system. 
"(ii) CONFIDENTIALITY.—The Subcommittee shall 
ensure that appropriate confidentiality is maintained 
in the exercise of its duties. 
"(C) SPECIFIC RESPONSIBILITIES.—The Subcommittee 
shall have the following specific responsibilities: 
"(i) STRATEGIC PLANS.—To review, approve, and 
monitor the strategic plan for the air traffic control 
system, including the establishment o
f
— 
"(I) a mission and objectives; 
"(II) standards of performance relative to such 
mission and objectives, including safety, efficiency, 
and productivity; and 
"(III) annual and long-range strategic plans. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 119 
"(ii) 
MODERNIZATION 
AND 
IMPROVEMENT.—To 
review and approve— 
"(I) methods to accelerate air traffic control 
modernization 
and 
improvements 
in 
aviation 
safety related to air traffic control; and 
"(II) procurements of air traffic control equip-
ment in excess of $100,000,000. 
"(iii) OPERATIONAL PLANS.—To review the oper-
ational functions of the air traffic control system, 
including— 
"(I) plans for modernization of the air traffic 
control system; 
"(II) plans for increasing productivity or imple-
menting cost-saving measures; and 
"(III) plans for training and education, 
"(iv) MANAGEMENT.—To— 
"(I) review and approve the Administrator's 
appointment of a Chief Operating Officer under 
section 106(r); 
"(II) review the Administrator's 
selection, 
evaluation, and compensation of senior executives 
of the Administration who have program manage-
ment responsibility over significant functions of 
the air traffic control system; 
"(III) review and approve the Administrator's 
plans for any major reorganization of the Adminis-
tration that would impact on the management of 
the air traffic control system; 
"(IV) review and approve the Administrator's 
cost accounting and financial management struc-
ture and technologies to help ensure efficient and 
cost-effective air traffic control operation; and 
"(V) review the performance and compensation 
of managers responsible for major 
acquisition 
projects, including the ability of the managers to 
meet schedule and budget targets, 
"(v) BUDGET.—To— 
"(I) review and approve the budget request 
of the Administration related to the air traffic 
control system prepared by the Administrator; 
"(II) submit such budget request to the Sec-
retary; and 
"(III) ensure that the budget request supports 
the annual and long-range strategic plans. 
The Secretary shall submit the budget request referred 
to in clause (v)(II) for any fiscal year to the President 
who shall transmit such request, without revision, to the 
Committees on Transportation and Infrastructure 
and 
Appropriations of the House of Representatives and the 
Committees on Commerce, Science, and Transportation and 
Appropriations of the Senate, together with the President's 
annual budget request for the Federal Aviation Administra-
tion for such fiscal year. 
"(D) SUBCOMMITTEE PERSONNEL MATTERS.— 
"(i) COMPENSATION OF MEMBERS.—Each member 
of the Subcommittee shall be compensated at a rate 
of $25,000 per year. 
114 STAT. 120 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadline. 
"(ii) COMPENSATION OF CHAIRPERSON.—Notwith-
standing clause (i), the chairperson of the Sub-
committee shall be compensated at a rate of $40,000 
per year. 
"(iii) STAFF.—The chairperson of the Subcommittee 
may appoint and terminate any personnel that may 
be necessary to enable the Subcommittee to perform 
its duties. 
"(iv) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairperson of the Subcommittee 
may procure temporary and intermittent 
services 
under section 3109(b) of title 5, United States Code. 
"(E) ADMINISTRATIVE MATTERS.— 
"(i) TERM OF CHAIR.—The members of the Sub-
committee shall elect for a 2-year term a chairperson 
from among the members of the Subcommittee. 
"(ii) POWERS OF CHAIR.—Except as otherwise pro-
vided by a majority vote of the Subcommittee, 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 busi-
ness. 
"(iii) MEETINGS.—The Subcommittee shall meet at 
least quarterly and at such other times as the chair-
person determines appropriate. 
"(iv) 
QUORUM.—Three 
members of the Sub-
committee shall constitute a quorum. A majority of 
members present and voting shall be required for the 
Subcommittee to take action. 
"(F) REPORTS.— 
"(i) ANNUAL.—The Subcommittee shall each year 
report with respect to the conduct of its responsibilities 
under this title to the Administrator, the Council, the 
Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate. 
"(ii) ADDITIONAL REPORT.—If a determination by 
the Subcommittee under subparagraph (B)(i) that the 
organization and operation of the air traffic control 
system are not allowing the Administration to carry 
out its mission, the Subcommittee shall report such 
determination to the Administrator, the Council, the 
Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate. 
"(iii) ACTION OF ADMINISTRATOR ON REPORT.—Not 
later than 60 days after the date of a report of the 
Subcommittee under this subparagraph, the Adminis-
trator shall take action with respect to such report. 
If the Administrator overturns a recommendation of 
the Subcommittee, the Administrator shall report such 
action to the President, the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives, and the Committee on Commerce, Science, and 
Transportation of the Senate. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 121 
"(iv) COMPTROLLER GENERAL'S REPORT.—Not later 
than April 30, 2003, the Comptroller General of the 
United States shall transmit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the suc-
cess of the Subcommittee in improving the performance 
of the air traffic control system. 
"(8) AIR TRAFFIC CONTROL SYSTEM DEFINED.—In this sec-
tion, the term 'air traffic control system' has the meaning 
such term has under section 40102(a).". 
(d) EFFECTIVE DATES.— 
49 use 106 note. 
(1) IN GENERAL.—The amendments made by this section 
shall take effect on the date of the enactment of this Act. 
(2) INITIAL NOMINATIONS TO AIR TRAFFIC SERVICES SUB-
COMMITTEE.—The Secretary shall make the initial appoint- Deadline. 
ments of the Air Traffic Services Subcommittee of the Aviation 
Management Advisory Council not later than 3 months after 
the date of the enactment of this Act. 
(3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT OF SUB-
COMMITTEE.—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 Services Subcommittee. 
SEC. 303. CHIEF OPERATING OFFICER. 
Section 106 is amended by adding at the end the following: 
"(r) CHIEF OPERATING OFFICER.— 
"(1) IN GENERAL.— 
"(A) APPOINTMENT.—There shall be a Chief Operating 
Officer for the air traffic control system to be appointed 
by the Administrator, with the approval of the Air Traffic 
Services 
Subcommittee 
of the Aviation 
Management 
Advisory Council. The Chief Operating Officer shall report 
directly to the Administrator and shall be subject to the 
authority of the Administrator. 
"(B) QUALIFICATIONS.—The Chief Operating 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 Officer shall 
serve at the pleasure of the Administrator, except that 
the Administrator shall make every effort to ensure sta-
bility 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 Operating Officer occurring 
before the expiration of the term for which the individual's 
predecessor was appointed shall be appointed for the 
remainder of that term. 
"(2) COMPENSATION.— 
"(A) IN GENERAL.—The Chief Operating Officer shall 
be paid at an annual rate of basic pay equal to the annual 
rate of basic pay of the Administrator. The Chief Operating 
Officer shall be subject to the post-employment provisions 
114 STAT. 122 
PUBLIC LAW 106-181—APR. 5, 2000 
of section 207 of title 18 as if this position were described 
in section 207(c)(2)(A)(i) of that title. 
"(B) BONUS.—In addition to the annual rate of basic 
pay authorized by subparagraph (A), the Chief Operating 
Officer may receive a bonus for any calendar year not 
to exceed 30 percent of the annual rate of basic pay, based 
upon the Administrator's evaluation of the Chief Operating 
Officer's performance in relation to the performance goals 
set forth in the performance agreement described para-
graph (3). 
"(3) 
ANNUAL PERFORMANCE AGREEMENT.—The Adminis-
trator and the Chief Operating Officer, in consultation with 
the Air Traffic Control Subcommittee of the Aviation Manage-
ment Advisory Committee, shall enter into an annual perform-
ance agreement that sets forth measurable organization and 
individual goals for the Chief Operating Officer in key oper-
ational areas. The agreement shall be subject to review and 
renegotiation on an annual basis. 
"(4) ANNUAL PERFORMANCE REPORT.—The Chief Operating 
Officer shall prepare and transmit to the Secretary of Transpor-
tation and Congress an annual management report containing 
such information as may be prescribed by the Secretary. 
"(5) RESPONSIBILITIES.—The Administrator may delegate 
to the Chief Operating Officer, or any other authority within 
the Administration responsibilities, including the following: 
"(A) STRATEGIC PLANS.—To develop a strategic plan 
of the Administration for the air traffic control system, 
including the establishment o
f
— 
"(i) a mission and objectives; 
"(ii) standards of performance relative to such mis-
sion and objectives, including safety, efficiency, and 
productivity; 
"(iii) annual and long-range strategic plans; and 
"(iv) methods of the Administration to accelerate 
air traffic control modernization and improvements in 
aviation safety related to air traffic control. 
"(B) OPERATIONS.—To review the operational functions 
of the Administration, including— 
"(i) modernization of the air traffic control system; 
"(ii) increasing productivity or implementing cost-
saving measures; and 
"(iii) training and education. 
"(C) BUDGET.—To— 
"(i) develop a budget request of the Administration 
related to the air traffic control system prepared by 
the Administrator; 
"(ii) submit such budget request to the Adminis-
trator and the Secretary of Transportation; and 
"(iii) ensure that the budget request supports the 
annual and long-range strategic plans developed under 
subparagraph (A) of this subsection.". 
49 use 44505 
SEC. 304. PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC 
note. 
MODERNIZATION PROJECTS. 
(a) PURPOSE.—It is the purpose of this section to improve avia-
tion safety and enhance mobility of the Nation's air transportation 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 123 
system by encouraging non-Federal investment on a pilot program 
basis in critical air traffic control facilities and equipment. 
(b) IN GENERAL.—Subject to the requirements of this section, 
the Secretary shall carry out a pilot program under which the 
Secretary may make grants to project sponsors for not more than 
10 eligible projects. 
(c) FEDERAL SHARE.—The Federal share of the cost of an eligible 
project carried out under the program shall not exceed 33 percent. 
The non-Federal share of the cost of an eligible project shall be 
provided from non-Federal sources, including revenues collected 
pursuant to section 40117 of title 49, United States Code. 
(d) LIMITATION ON GRANT AMOUNTS.—No eligible project may 
receive more than $15,000,000 under the program. 
(e) FUNDING.—The Secretary shall use amounts appropriated 
under section 48101(a) of title 49, United States Code, for fiscal 
years 2001 through 2003 to carry out the program. 
(f) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) ELIGIBLE PROJECT.—The term "eligible project" means 
a project relating to the Nation's air traffic control system 
that is certified or approved by the Administrator and that 
promotes safety, efficiency, or mobility. Such projects may 
include— 
(A) airport-specific air traffic facilities and equipment, 
including local area augmentation systems, instrument 
landings systems, weather and wind shear detection equip-
ment, lighting improvements, and control towers; 
(B) automation tools to effect improvements in airport 
capacity, including passive final approach spacing tools 
and traffic management advisory equipment; and 
(C) facilities and equipment that enhance airspace con-
trol procedures, including consolidation of terminal radar 
control facilities and equipment, or assist in en route 
surveillance, including oceanic and offshore flight tracking. 
(2) PROJECT SPONSOR.—The term "project sponsor" means 
a public-use airport or a joint venture between a public-use 
airport and one or more air carriers. 
(g) TRANSFERS OF EQUIPMENT.—Notwithstanding any other 
provision of law, project sponsors may transfer, without consider-
ation, to the Federal Aviation Administration, facilities, equipment, 
and automation tools, the purchase of which was assisted by a 
grant made under this section. The Administration shall accept 
such facilities, equipment, and automation tools, which shall there-
after be operated and maintained by the Administration in accord-
ance with criteria of the Administration. 
(h) GUIDELINES.—Not later than 90 days after the date of Deadline. 
the enactment of this Act, the Administrator shall issue advisory 
guidelines on the implementation of the program. 
SEC. 305. CLARIFICATION OF REGULATORY APPROVAL PROCESS. 
Section 106(f )(3)(B)(i) is amended— 
(1) by striking "$100,000,000" each place it appears and 
inserting "$250,000,000"; 
(2) by striking "Air Traffic Management System Perform-
ance Improvement Act of 1996" and inserting "Wendell H. 
Ford Aviation Investment and Reform Act for the 21st Cen-
tury"; 
114 STAT. 124 
PUBLIC LAW 106-181—APR. 5, 2000 
(3) in subclause (I)— 
(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 affect other transportation modes.". 
SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE. 
Section 106(f)(3)(A) is amended by adding at the end the fol-
lowing: "On February 1 and August 1 of each year the Administrator 
shall submit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a letter listing each 
deadline the Administrator missed under this subparagraph during 
the 6-month period ending on such date, including an explanation 
for missing the deadline and a projected date on which the action 
that was subject to the deadline will be taken.". 
SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS. 
(a) 
PERSONNEL 
MANAGEMENT SYSTEM.—Section 
40122 
is 
amended by adding at the end the following: 
"(g) PERSONNEL MANAGEMENT SYSTEM.— 
"(1) IN GENERAL.—In consultation with the employees of 
the Administration and such non-governmental experts in per-
sonnel management systems as he may employ, and notwith-
standing the provisions of title 5 and other Federal personnel 
laws, the Administrator shall develop and implement, not later 
than January 1, 1996, a personnel management system for 
the Administration that addresses the unique demands on the 
agency's workforce. Such a new system shall, at a minimum, 
provide for greater flexibility in the hiring, training, compensa-
tion, and location of personnel. 
"(2) APPLICABILITY OF TITLE 5.—The provisions of title 5 
shall not apply to the new personnel management system devel-
oped and implemented pursuant to paragraph (1), with the 
exception o
f
— 
"(A) section 2302(b), relating to whistleblower protec-
tion, including the provisions for investigation and enforce-
ment as provided in chapter 12 of title 5; 
"(B) sections 3308-3320, relating to veterans' pref-
erence; 
"(C) chapter 71, relating to labor-management rela-
tions; 
"(D) section 7204, relating to antidiscrimination; 
"(E) chapter 73, relating to suitability, security, and 
conduct; 
"(F) chapter 81, relating to compensation for work 
injury; 
"(G) chapters 83-85, 87, and 89, relating to retirement, 
unemplo5mient compensation, and insurance coverage; and 
"(H) sections 1204, 1211-1218, 1221, and 7701-7703, 
relating to the Merit Systems Protection Board. 
"(3) 
APPEALS TO MERIT SYSTEMS PROTECTION BOARD.— 
Under the new personnel management system developed and 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 125 
implemented under paragraph (1), an employee of the Adminis-
tration may submit an appeal 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. 
"(4) EFFECTIVE DATE.—This subsection shall take effect 
on April 1, 1996.". 
(b) 
ACQUISITION 
MANAGEMENT 
SYSTEM.—Section 
40110 
is 
amended by adding at the end the following: 
"(d) ACQUISITION MANAGEMENT SYSTEM.— 
"(1) IN GENERAL.—In consultation with such non-govern- Deadline. 
mental experts in acquisition management systems as the 
Administrator may employ, and notwithstanding provisions of 
Federal acquisition law, the Administrator shall develop and 
implement, not later than January 1, 1996, an acquisition 
management system for the Administration that addresses the 
unique needs of the agency and, at a minimum, provides for 
more timely and cost-effective acquisitions of equipment and 
materials. 
"(2) APPLICABILITY OF FEDERAL ACQUISITION LAW.—The fol-
lowing provisions of Federal acquisition law shall not apply 
to the new acquisition management system developed and 
implemented pursuant to paragraph (1): 
"(A) Title III of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 252-266). 
"(B) The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.). 
"(C) The Federal Acquisition Streamlining Act of 1994 
(Public Law 103-355). 
"(D) The Small Business Act (15 U.S.C. 631 et seq.), 
except that all reasonable opportunities to be awarded 
contracts shall be provided to small business concerns and 
small business concerns owned and controlled by socially 
and economically disadvantaged individuals. 
"(E) The Competition in Contracting Act. 
"(F) Subchapter V of chapter 35 of title 31, relating 
to the procurement protest system. 
"(G) The Brooks Automatic Data Processing Act (40 
U.S.C. 759). 
"(H) The Federal Acquisition Regulation and any laws 
not listed in subparagraphs (A) through (G) providing 
authority to promulgate regulations in the Federal Acquisi-
tion Regulation. 
"(3) 
CERTAIN PROVISIONS OF THE OFFICE OF FEDERAL 
PROCUREMENT POLICY ACT.—Notwithstanding paragraph (2)(B), 
section 27 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 423) shall apply to the new acquisition management 
system developed and implemented under paragraph (1) with 
the following modifications: 
"(A) Subsections (f) and (g) shall not apply. 
"(B) Within 90 days after the date of the enactment 
of the Wendell H. Ford Aviation Investment and Reform 
Act for the 21st Century, the Administrator shall adopt 
definitions for the acquisition management system that 
are consistent with the purpose and intent of the Office 
of Federal Procurement Policy Act. 
79-194 O - 00 - 6 : QL 3 Part 1 
114 STAT. 126 
PUBLIC LAW 106-181—APR. 5, 2000 
"(C) After the adoption of those definitions, the 
criminal, civil, and administrative remedies provided under 
the Office of Federal Procurement Policy Act apply to the 
acquisition management system. 
"(D) In the administration of the acquisition manage-
ment system, the Administrator may take adverse per-
sonnel action under section 27(e)(3)(A)(iv) of the Office 
of Federal Procurement Policy Act in accordance with the 
procedures contained in the Administration's personnel 
management system. 
"(4) EFFECTIVE DATE.—This subsection shall take effect 
on April 1, 1996.". 
(c) CONFORMING AMENDMENTS.— 
(1) SECTION loe.—Section 106(1)(1) is amended by striking 
"section 40122(a) of this title and section 347 of Public Law 
104-50" and inserting "subsections (a) and (g) of section 40122". 
(2) SECTION 40121.—Section 40121(c)(2) is amended by 
striking "section 348(b) of Public Law 104-50" and inserting 
"section 40110(d)(2) of this title". 
(3) FEDERAL AVIATION REAUTHORIZATION ACT OF 1996.—Sec-
tion 274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization 
Act of 1996 (49 U.S.C. 40101 note) is amended by striking 
"sections 347 and 348 of Pubhc Law 104-50" and inserting 
"sections 40110(d) and 40122(g) of title 49, United States Code". 
(d) REPEAL.—Sections 347 and 348 of Pubhc Law 104-50 (109 
Stat. 460-461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are 
repealed. 
SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS. 
(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 adjourned sine die.". 
(b) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—Section 
40122 (as amended by section 307(a) of this Act) is further amended 
by adding at the end the following: 
"(h) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—An 
employee of the Federal Aviation Administration who is the subject 
of a major adverse personnel action may contest the action either 
through any contractual grievance procedure that is applicable to 
the employee as a member of the collective bargaining unit or 
through the Administration's internal process relating to review 
of major adverse personnel actions of the Administration, known 
as Guaranteed Fair Treatment, or under section 40122(g)(3). 
"(i) 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. 
"(j) DEFINITION.—In this section, the term 'major adverse per-
sonnel action' means a suspension of more than 14 days, a reduction 
in pay or grade, a removal for conduct or performance, a nondiscipli-
nary removal, a furlough of 30 days or less (but not including 
placement in a nonpay status as the result of a lapse of appropria-
tions or an enactment by Congress), or a reduction in force action.". 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 127 
SEC. 309. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS. 
(a) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—The Inspector General of the Department 
of Transportation shall conduct the assessments described in 
this section. To conduct the assessments, the Inspector General 
may use the staff and resources of the Inspector General or 
contract with one or more independent entities. 
(2) ASSESSMENT OF ADEQUACY AND ACCURACY OF FAA COST 
DATA AND ATTRIBUTIONS.— 
(A) IN GENERAL.—The Inspector General shall conduct 
an assessment to ensure that the method for calculating 
the overall costs of the Federal Aviation Administration 
and attributing such costs to specific users is appropriate, 
reasonable, and understandable to the users. 
(B) COMPONENTS.—In conducting the assessment under 
this paragraph, the Inspector General shall assess the fol-
lowing: 
(i) The Administration's cost input data, including 
the reliability of the Administration's source documents 
and the integrity and reliability of the Administration's 
data collection process. 
(ii) The- Administration's system for tracking 
assets. 
(iii) The Administration's bases for establishing 
asset values and depreciation rates. 
(iv) The Administration's system of internal con-
trols for ensuring the consistency and reliability of 
reported data. 
(v) The Administration's definition of the services 
to which the Administration ultimately attributes its 
costs. 
(vi) The cost pools used by the Administration 
and the rationale for and reliability of the bases which 
the Administration proposes to use in allocating costs 
of services to users. 
(C) REQUIREMENTS FOR ASSESSMENT OF COST POOLS.— 
In carrjdng out subparagraph (B)(vi), the Inspector General 
shall— 
(i) review costs that cannot reliably be attributed 
to specific Administration services or activities (called 
"common and fixed costs" in the Administration Cost 
Allocation Study) and consider alternative methods for 
allocating such costs; and 
(ii) perform appropriate tests to assess relation-
ships between costs in the various cost pools and activi-
ties and services to which the costs are attributed 
by the Administration. 
(3) COST EFFECTIVENESS.— 
(A) IN GENERAL.—The Inspector General shall assess 
the progress of the Administration in cost and performance 
management, including use of internal and 
external 
benchmarking in improving the performance and produc-
tivity of the Administration. 
(B) ANNUAL REPORTS.—Not later than December 31, 
2000, and annually thereafter until December 31, 2004, 
the Inspector General shall transmit to Congress an 
49 u s e 40101 
note. 
Deadline. 
114 STAT. 128 
PUBLIC LAW 106-181—APR. 5, 2000 
updated report containing 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 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.—There are authorized to be appropriated such 
sums as may be necessary to carry out this section. 
49 u s e 47106 
SEC. 310. ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT 
note. 
PROJECTS. 
(a) STUDY.—The Secretary shall conduct a study of Federal 
environmental requirements related to the planning and approval 
of airport improvement projects. 
(b) CONTENTS.—In conducting the study, the Secretary, at a 
minimum, shall assess— 
(1) the current level of coordination among Federal and 
State agencies in conducting environmental reviews in the plan-
ning and approval of airport improvement projects; 
(2) the role of public involvement in the planning and 
approval of airport improvement projects; 
(3) the staffing and other resources associated with con-
ducting such environmental reviews; and 
(4) the time line for conducting such environmental reviews. 
(c) CONSULTATION.—The Secretary shall conduct the study in 
consultation with the Administrator, the heads of other appropriate 
Federal departments and agencies, airport sponsors, the heads of 
State aviation agencies, representatives of the design and construc-
tion industry, representatives of employee organizations, and rep-
resentatives of public interest groups. 
Deadline. 
(d) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report on the results of the study, together with 
recommendations for streamlining, if appropriate, the environ-
mental review process in the planning and approval of airport 
improvement projects. 
SEC. 311. COST ALLOCATION SYSTEM. 
Deadline. 
(a) REPORT.—Not later than July 9, 2000, the Administrator 
shall submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on the 
cost allocation system currently under development by the Federal 
Aviation Administration. 
(b) CONTENTS.—The report shall include a specific date for 
completion and implementation of the cost allocation system 
throughout the Administration and shall also include the timetable 
and plan for the implementation of a cost management system. 
SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM. 
The Administrator shall report to Congress on plans to mod-
ernize the oceanic air traffic control system, including a budget 
for the program, a determination of the requirements for moderniza-
tion, and, if necessary, a proposal to fund the program. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 129 
TITLE IV—FAMILY ASSISTANCE 
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY 
BOARD. 
(a) PROHIBITION ON UNSOLICITED COMMUNICATIONS.— 
(1) IN GENERAL.—Section 1136(g)(2) is amended— 
(A) 
by 
striking 
"transportation," 
and 
inserting 
"transportation and in the event of an accident involving 
a foreign air carrier that occurs within the United States,"; 
(B) by inserting 
after 
"attorney" the 
following: 
"(including any associate, agent, employee, or other rep-
resentative 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 State or political subdivision 
thereof may prevent the employees, agents, or volunteers of 
an organization designated for an accident under subsection 
(a)(2) from providing mental health and counseling services 
under subsection (c)(1) in the 30-day period beginning on the 
date of the accident. The director of family support services 
designated for the accident under subsection (a)(1) may extend 
such period for not to exceed an additional 30 days if the 
director determines that the extension is necessary to meet 
the needs of the families and if State and local authorities 
are notified of the determination.". 
(c) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSIST-
ANCE COVERAGE.—Section 1136(h)(2) is amended to read as follows: 
"(2) PASSENGER.—The term 'passenger' includes— 
"(A) an employee of an air carrier or foreign air carrier 
aboard an aircraft; and 
"(B) any other person aboard the aircraft without 
regard to whether the person paid for the transportation, 
occupied a seat, or held a reservation for the flight.". 
(d) STATUTORY CONSTRUCTION.—Section 1136 is amended by 
adding at the end the following: 
"(i) 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 assist-
ance to the families of passengers involved in an aircraft accident.". 
SEC. 402. AIR CARRIER PLANS. 
(a) CONTENTS OF PLANS.— 
(1) FLIGHT RESERVATION INFORMATION.—Section 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 involved in the accident.". 
(2) TRAINING OF EMPLOYEES AND AGENTS.—Section 41113(b) 
is further amended by adding at the end the following: 
114 STAT. 130 
PUBLIC LAW 106-181—APR. 5, 2000 
"(15) An assurance that the air carrier will provide ade-
quate 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: 
"(16) An assurance that the air carrier, in the event that 
the air carrier volunteers assistance to United States citizens 
within the United States with respect to an aircraft accident 
outside the United States involving major loss of life, the air 
carrier will consult with the Board and the Department of 
State on the provision of the assistance.". 
49 use 41113 
(4) SUBMISSION OF UPDATED PLANS.—The amendments 
i^ote. 
made by paragraphs (1), (2), and (3) shall take effect on the 
180th day following the date of the enactment of this Act. 
On or before such 180th day, each air carrier holding a certifi-
cate of public convenience and necessity under section 41102 
of title 49, United States Code, shall submit to the Secretary 
and the Chairman of the National Transportation Safety Board 
an updated plan under section 41113 of such title that meets 
the requirements 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 
(B) in subsection (c) by striking "After the date that 
is 6 months after the date of the enactment of this section, 
the Secretary" and inserting "The Secretary". 
(b) LIMITATION ON LIABILITY.—Section 41113(d) is amended 
by inserting ", or in providing information concerning a preliminary 
passenger manifest," before "pursuant to a plan". 
(c) STATUTORY CONSTRUCTION.—Section 41113 is amended by 
adding at the end the following: 
"(f) 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 assist-
ance to the families of passengers involved in an aircraft accident.". 
SEC. 403. FOREIGN AIR CARRIER PLANS. 
(a) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSIST-
ANCE 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.". 
(b) 
ACCIDENTS FOR WHICH 
PLAN 
IS REQUIRED.—Section 
41313(b) is amended by striking "significant" and inserting "major". 
(c) CONTENTS OF PLANS.— 
(1) IN GENERAL.—Section 41313(c) is 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 foreign air carrier, in the 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 131 
event that the foreign air carrier volunteers assistance to 
United States citizens within the United States with respect 
to an aircraft accident 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 
49 use 4i3i3 
by paragraph (1) shall take effect on the 180th day following note. 
the date of the 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 and the Chairman of the National Transpor-
tation Safety Board an updated plan under section 41313 of 
such title that meets the requirements of the amendment made 
by paragraph (1). 
SEC. 404. DEATH ON THE HIGH SEAS. 
(a) RIGHT OF ACTION IN COMMERCIAL AVIATION ACCIDENTS.— 
The first section of the Act of March 30, 1920 (46 U.S.C. App. 
761; popularly known as the "Death on the High Seas Act") is 
amended— 
(1) by inserting "(a) subject to subsection (b)," before "when-
ever"; and 
(2) by adding at the end the following: 
"(b) In the case of a commercial aviation accident, whenever 
the death of a person shall be caused by wrongful act, neglect, 
or default occurring on the high seas 12 nautical miles or closer 
to the shore of any State, or the District of Columbia, or the 
Territories or dependencies of the United States, this Act shall 
not apply and the rules applicable under Federal, State, and other 
appropriate law shall apply.". 
(b) 
COMPENSATION IN COMMERCIAL AVIATION ACCIDENTS.— 
Section 2 of such Act (46 U.S.C. App. 762) is amended— 
(1) by inserting "(a)" before "the recovery"; and 
(2) by adding at the end the following: 
"(b)(1) If the death resulted from a commercial aviation accident 
occurring on the high seas beyond 12 nautical miles from the 
shore of any State, or the District of Columbia, or the Territories 
or dependencies of the United States, additional compensation for 
nonpecuniary damages for wrongful death of a decedent is recover-
able. Punitive damages are not recoverable. 
"(2) In this subsection, the term 'nonpecuniary damages' means 
damages for loss of care, comfort, and companionship.". 
(c) EFFECTIVE DATE.—The amendments made by subsections 
46 use app. 761 
(a) and (b) shall apply to any death occurring after July 16, 1996. note. 
TITLE V—SAFETY 
SEC. 501. AIRPLANE EMERGENCY LOCATORS. 
(a) REQUIREMENT.—Section 44712 is amended— 
(1) in subsection (b) by striking "Subsection (a) of this 
section" and inserting "Prior to January 1, 2002, subsection 
(a)"; 
(2) by redesignating subsection (c) as subsection (e); and 
(3) by inserting after subsection (b) the following: 
"(c) NONAPPLICATION BEGINNING ON JANUARY 1, 2 0 0 2 . — 
114 STAT. 132 
PUBLIC LAW 106-181—APR. 5, 2000 
"(1) IN GENERAL.—Subject to paragraph (2), on and after 
January 1, 2002, subsection (a) does not apply to— 
"(A) aircraft when used in scheduled flights by sched-
uled air carriers holding certificates issued by the Secretary 
of Transportation under subpart II of this part; 
"(B) aircraft when used in training operations con-
ducted entirely within a 50-mile radius of the airport from 
which the training operations begin; 
"(C) aircraft when used in flight operations related 
to the design and testing, manufacture, preparation, and 
delivery of aircraft; 
"(D) aircraft when used in research and development 
if the aircraft holds a certificate from the Administrator 
of the Federal Aviation Administration to carry out such 
research and development; 
"(E) aircraft when used in showing compliance with 
regulations, crew training, exhibition, air racing, or market 
surveys; 
"(F) aircraft when used in the aerial application of 
a substance for an agricultural purpose; 
"(G) aircraft with a maximum payload capacity of more 
than 18,000 pounds when used in air transportation; or 
"(H) aircraft equipped to carry only one individual. 
"(2) DELAY IN IMPLEMENTATION.—The Administrator of the 
Federal Aviation Administration may continue to implement 
subsection (b) rather than subsection (c) for a period not to 
exceed 2 years after January 1, 2002, if the Administrator 
finds such action is necessary to promote— 
"(A) a safe and orderly transition to the operation 
of civil aircraft equipped with an emergency locator; or 
"(B) other safety objectives. 
"(d) COMPLIANCE.—An aircraft meets the requirement of sub-
section (a) if it is equipped with an emergency locator transmitter 
that transmits on the 121.5/243 megahertz frequency or the 406 
megahertz frequency or with other equipment approved by the 
Secretary for meeting the requirement of subsection (a).". 
Deadline. 
(b) REGULATIONS.—The Secretary shall issue regulations to 
49 use 44712 
carry out section 44712(c) of title 49, United States Code, as 
^°^- 
amended by this section, not later than January 1, 2001. 
SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES. 
Section 44716 is amended by adding at the end the following: 
"(g) CARGO COLLISION AVOIDANCE SYSTEMS.— 
Regulations. 
"(1) IN GENERAL.—The Administrator shall require by regu-
Deadline. 
lation that, no later than December 31, 2002, collision avoidance 
equipment be installed on each cargo aircraft with a maximum 
certificated takeoff weight in excess of 15,000 kilograms. 
"(2) EXTENSION OF DEADLINE.—The Administrator may 
extend the deadline established by paragraph (1) by not more 
than 2 years if the Administrator finds that the extension 
is needed to promote— 
"(A) a safe and orderly transition to the operation 
of a fleet of cargo aircraft equipped with collision avoidance 
equipment; or 
"(B) other safety or public interest objectives. 
"(3) COLLISION AVOIDANCE EQUIPMENT DEFINED.—In this 
subsection, the term 'collision avoidance equipment' means 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 133 
equipment that provides protection from mid-air collisions using 
technology that provides— 
"(A) cockpit-based collision detection and conflict reso-
lution guidance, including display of traffic; and 
"(B) a margin of safety of at least the same level 
as provided by the collision avoidance system known as 
TCAS-IL". 
SEC. 503. LANDFILLS INTERFERING WITH AIR COMMERCE. 
(a) FINDINGS.—Congress finds that— 
49 USC 44718 
(1) collisions between aircraft and birds have resulted in note. 
fatal accidents; 
(2) bird strikes pose a special danger to smaller aircraft; 
(3) landfills near airports pose a potential hazard to aircraft 
operating there because they attract birds; 
(4) even if the landfill is not located in the approach path 
of the airport's runway, it still poses a hazard because of 
the birds' ability to fly away from the landfill and into the 
path of oncoming planes; 
(5) while certain mileage limits have the potential to be 
arbitrary, keeping landfills at least 6 miles away from an 
airport, especially an airport served by small planes, is an 
appropriate minimum requirement for aviation safety; and 
(6) closure of existing landfills (due to concerns about avia-
tion safety) should be avoided because of the likely disruption 
to those who use and depend on such landfills. 
(b) 
LIMITATION 
ON 
CONSTRUCTION.—Section 44718(d) is 
amended to read as follows: 
"(d) LIMITATION ON CONSTRUCTION OF LANDFILLS.— 
"(1) IN GENERAL.—No person shall construct or establish 
a municipal solid waste landfill (as defined in section 258.2 
of title 40, Code of Federal Regulations, as in effect on the 
date of the enactment of this subsection) that receives putres-
cible waste (as defined in section 257.3-8 of such title) within 
6 miles of a public airport that has received grants under 
chapter 471 and is primarily served by general aviation aircraft 
and regularly scheduled flights of aircraft designed for 60 pas-
sengers or less unless the State aviation agency of the State 
in which the airport is located requests that the Administrator 
of the Federal Aviation Administration exempt the landfill from 
the application of this subsection and the Administrator deter-
mines that such exemption would have no adverse impact on 
aviation safety. 
"(2) LIMIT'SLTION ON APPLICABILITY.—Paragraph (1) shall not 
apply in the State of Alaska and shall not apply to the construc-
tion, establishment, expansion, or modification of, or to any 
other activity undertaken with respect to, a municipal solid 
waste landfill if the construction or establishment of the landfill 
was commenced on or before the date of the enactment of 
this subsection.". 
(c) 
CIVIL 
PENALTY 
FOR 
VIOLATIONS 
OF 
LIMITATION 
ON 
CONSTRUCTION OF LANDFILLS.—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: 
114 STAT. 134 
PUBLIC LAW 106-181—APR. 5, 2000 
"(C) a violation of section 44718(d), relating to the limita-
tion on construction or establishment of landfills;". 
SEC. 504. 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 proceeding 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 section, safe 
disposition includes any of the following methods: 
"(1) The part may be segregated under circumstances that 
preclude its installation on an aircraft. 
"(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 airworthiness informa-
tion. If the parts are marked with cycles or hours of usage, 
that information must be updated every time the part is 
removed from service or when the part is retired from service. 
"(5) Any other method approved by the Administrator. 
"(c) DEADLINES.—In conducting the rulemaking proceeding 
under subsection (a), the Administrator shall— 
"(1) not later than 180 days after the date of the enactment 
of this section, issue a notice of 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 
from aircraft before the effective date of the rules issued under 
subsection (a), nor shall any such rule forbid the installation of 
an otherwise airworthy life-limited part.". 
(b) CIVIL PENALTY.—Section 46301(a)(3) (as amended by section 
503(c) of this Act) is further amended by adding at the end the 
following: 
"(D) a violation of section 44725, relating to the safe dis-
posal of life-limited aircraft parts; or". 
(c) CONFORMING AMENDMENT —The analysis for chapter 447 
is amended by adding at the end the following: 
"44725. Life-limited aircraft parts.". 
SEC. 505. COUNTERFEIT AIRCRAFT PARTS. 
(a) DENIAL; REVOCATION; AMENDMENT OF CERTIFICATE.— 
(1) IN GENERAL.—Chapter 447 is further amended by 
adding at the end the following: 
"§ 44726. Denial and revocation of certificate for counterfeit 
parts violations 
"(a) DENIAL OF CERTIFICATE.— 
"(1) IN GENERAL.—Except as provided in paragraph (2) 
of this subsection and subsection (e)(2), the Administrator of 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 135 
the Federal Aviation Administration may not issue a certificate 
under this chapter to any person— 
"(A) convicted in a court of law of a violation of a 
law of the United States relating to the installation, produc-
tion, repair, or sale of a counterfeit or fraudulently-rep-
resented aviation part or material; or 
"(B) subject to a controlling or ownership interest of 
an individual convicted of such a violation. 
"(2) 
EXCEPTION.—Notwithstanding paragraph 
(1), the 
Administrator may issue a certificate under this chapter to 
a person described in paragraph (1) if issuance of the certificate 
will facilitate law enforcement efforts. 
"(b) REVOCATION OF CERTIFICATE.— 
"(1) IN GENERAL.—Except as provided in subsections (f) 
and (g), the Administrator shall issue an order revoking a 
certificate issued under this chapter if the Administrator finds 
that the holder of the certificate or an individual who has 
a controlling or ownership interest in the holder— 
"(A) was convicted in a court of law of a violation 
of a law of the United States relating to the installation, 
production, repair, or sale of a counterfeit or fraudulently-
represented aviation part or material; or 
"(B) knowingly, and with the intent to defraud, carried 
out or facilitated an activity punishable under a law 
described in paragraph (1)(A). 
"(2) No AUTHORITY TO REVIEW VIOLATION.—In carrying out 
paragraph (1), the Administrator may not review whether a 
person violated a law described in paragraph (1)(A). 
"(c) NOTICE REQUIREMENT.—Before the Administrator revokes 
a certificate under subsection (b), the Administrator shall— 
"(1) advise the holder of the certificate of the reason for 
the revocation; and 
"(2) provide the holder of the certificate an opportunity 
to be heard on why the certificate should not be revoked. 
"(d) APPEAL.—The provisions of section 44710(d) apply to the 
appeal of a revocation order under subsection (b). For the purpose 
of applying that section to the appeal, 'person' shall be substituted 
for 'individual' each place it appears. 
"(e) ACQUITTAL OR REVERSAL.— 
"(1) IN GENERAL.—The Administrator may not revoke, and 
the National Transportation Safety Board may not affirm a 
revocation of, a certificate under subsection (b)(1)(B) if the 
holder of the certificate or the individual referred to in sub-
section (b)(1) is acquitted of all charges directly related to 
the violation. 
"(2) REISSUANCE.—The Administrator may reissue a certifi-
cate revoked under subsection (b) of this section to the former 
holder if— 
"(A) the former holder otherwise satisfies the require-
ments of this chapter for the certificate; and 
"(B)(i) the former holder or the individual referred 
to in subsection (b)(1), is acquitted of all charges related 
to the violation on which the revocation was based; or 
"(ii) the conviction of the former holder or such indi-
vidual of the violation on which the revocation was based 
is reversed. 
114 STAT. 136 
PUBLIC LAW 106-181—APR. 5, 2000 
"(f) WAIVER.—The Administrator may waive revocation of a 
certificate under subsection (b) i
f
— 
"(1) a law enforcement official of the United States Govern-
ment requests a waiver; and 
"(2) the waiver will facilitate law enforcement efforts. 
"(g) AMENDMENT OF CERTIFICATE.—If the holder of a certificate 
issued under this chapter is other than an individual and the 
Administrator finds that— 
"(1) an individual who had a controlling or ownership 
interest in the holder committed a violation of a law for the 
violation of which a certificate may be revoked under this 
section or knowingly, and with intent to defraud, carried out 
or facilitated an activity punishable under such a law; and 
"(2) the holder satisfies the requirements for the certificate 
without regard to that individual, 
then the Administrator may amend the certificate to impose a 
limitation that the certificate will not be valid if that individual 
has a controlling or ownership interest in the holder. A decision 
by the Administrator under this subsection is not reviewable by 
the Board.". 
(2) 
CONFORMING AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the following: 
"44726. Denial and revocation of certificate for counterfeit parts violations.". 
(b) PROHIBITION ON EMPLOYMENT.—Section 44711 
is amended 
by adding at the end the following: 
"(c) PROHIBITION ON EMPLOYMENT OF CONVICTED COUNTERFEIT 
PART TRAFFICKERS.—No person subject to this chapter may know-
ingly employ anyone to perform a function related to the procure-
ment, sale, production, or repair of a part or material, or the 
installation of a part into a civil aircraft, who has been convicted 
in a court of law of a violation of any Federal law relating to 
the installation, production, repair, or sale of a counterfeit or 
fraudulently-represented aviation part or material.". 
Aircraft Safety 
SEC. 506. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE 
Act of 2000. 
VEHICLE PARTS IN INTERSTATE OR FOREIGN COM-
MERCE. 
18 use 31 note. 
(a) SHORT TiTLE.—This section may be cited as the "Aircraft 
Safety Act of 2000". 
(b) DEFINITIONS.—Section 31 of title 18, United States Code, 
is amended by striking all after the section heading and inserting 
the following: 
"(a) DEFINITIONS.—In this chapter, the following definitions 
apply: 
"(1) AIRCRAFT.—The term 'aircraft' means a civil, military, 
or public contrivance invented, used, or designed to navigate, 
fly, or travel in the air. 
"(2) AVIATION QUALITY.—The term 'aviation quality', with 
respect to a part of an aircraft or space vehicle, means the 
quality of having been manufactured, constructed, produced, 
maintained, repaired, overhauled, rebuilt, reconditioned, or 
restored in conformity with applicable standards specified by 
law (including applicable regulations). 
"(3) DESTRUCTIVE SUBSTANCE.—The term 'destructive sub-
stance' means an explosive substance, flammable material, 
infernal machine, or other chemical, mechanical, or radioactive 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 137 
device or matter of a combustible, contaminative, corrosive, 
or explosive nature. 
"(4) IN FLIGHT.—The term 'in flight' means— 
"(A) any time from the moment at which all the 
external doors of an aircraft are closed following embar-
kation until the moment when any such door is opened 
for disembarkation; and 
"(B) in the case of a forced landing, until competent 
authorities take over the responsibility for the aircraft and 
the persons and property on board. 
"(5) IN SERVICE.—The term 'in service' means— 
"(A) any time from the beginning of preflight prepara-
tion of an aircraft by ground personnel or by the crew 
for a specific flight until 24 hours after any landing; and 
"(B) in any event includes the entire period during 
which the aircraft is in flight. 
"(6) MOTOR VEHICLE.—The term 'motor vehicle' means 
every description of carriage or other contrivance propelled 
or drawn by mechanical power and used for commercial pur-
poses on the highways in the transportation of passengers, 
passengers and property, or property or cargo. 
"(7) PART.—The term 'part' means a frame, assembly, 
component, appliance, engine, propeller, material, part, spare 
part, piece, section, or related integral or auxiliary equipment. 
"(8) SPACE VEHICLE.—The term 'space vehicle' means a 
man-made device, either manned or unmanned, designed for 
operation beyond the Earth's atmosphere. 
"(9) STATE.—The term 'State' means a State of the United 
States, the District of Columbia, and any commonwealth, terri-
tory, or possession of the United States. 
"(10) USED FOR COMMERCIAL PURPOSES.—The term 'used 
for commercial purposes' means the carriage of persons or 
property for any fare, fee, rate, charge or other consideration, 
or directly or indirectly in connection with any business, or 
other undertaking intended for profit. 
"(b) TERMS DEFINED IN OTHER LAW.—In this chapter, the terms 
'aircraft engine', 'air navigation facility', 'appliance', 'civil aircraft', 
'foreign air commerce', 'interstate air commerce', 'landing area', 
'overseas air commerce', 'propeller', 'spare part', and 'special aircraft 
jurisdiction of the United States' have the meanings given those 
terms in sections 40102(a) and 46501 of title 49.". 
(c) FRAUD.— 
(1) IN GENERAL.—Chapter 2 of title 18, United States Code, 
is amended by adding at the end the following: 
"§ 38. Fraud involving aircraft or space vehicle parts in inter-
state or foreign commerce 
"(a) OFFENSES.—Whoever, in or affecting interstate or foreign 
commerce, knowingly and with the intent to defraud— 
"(1)(A) falsifies or conceals a material fact concerning any 
aircraft or space vehicle part; 
"(B) makes any materially fraudulent representation con-
cerning any aircraft or space vehicle part; or 
"(C) makes or uses any materially false writing, entry, 
certification, document, record, data plate, label, or electronic 
communication concerning any aircraft or space vehicle part; 
114 STAT. 138 
PUBLIC LAW 106-181—APR. 5, 2000 
"(2) exports from or imports or introduces into the United 
States, sells, trades, installs on or in any aircraft or space 
vehicle any aircraft or space vehicle part using or by means 
of a fraudulent representation, document, record, certification, 
depiction, data plate, label, or electronic communication; or 
"(3) attempts or conspires to commit an offense described 
in paragraph (1) or (2), 
shall be punished as provided in subsection (b). 
"(b) PENALTIES.—The punishment for an offense under sub-
section (a) is as follows: 
"(1) AVIATION QUALITY.—If the offense relates to the avia-
tion quality of a part and the part is installed in an aircraft 
or space vehicle, a fine of not more than $500,000, imprison-
ment for not more than 15 years, or both. 
"(2) FAILURE TO OPERATE AS REPRESENTED.—If, by reason 
of the failure of the part to operate as represented, the part 
to which the offense is related is the proximate cause of a 
malfunction or failure that results in serious bodily injury 
(as defined in section 1365), a fine of not more than $1,000,000, 
imprisonment for not more than 20 years, or both. 
"(3) FAILURE RESULTING IN DEATH.—If, by reason of the 
failure of the part to operate as represented, the part to which 
the offense is related is the proximate cause of a malfunction 
or failure that results in the death of any person, a fine of 
not more than $1,000,000, imprisonment for any term of years 
or life, or both. 
"(4) OTHER CIRCUMSTANCES.—In the case of an offense 
under subsection (a) not described in paragraph (1), (2), or 
(3) of this subsection, a fine under this title, imprisonment 
for not more than 10 years, or both. 
"(5) ORGANIZATIONS.—If the offense is committed by an 
organization, a fine of not more than— 
"(A) $10,000,000 in the case of an offense described 
in paragraph (1) or (4); and 
"(B) $20,000,000 in the case of an offense described 
in paragraph (2) or (3). 
"(c) CIVIL REMEDIES.— 
"(1) IN GENERAL.—The district courts of the United States 
shall have jurisdiction to prevent and restrain violations of 
this section by issuing appropriate orders, including— 
"(A) ordering a person (convicted of an offense under 
this section) to divest any interest, direct or indirect, in 
any enterprise used to commit or facilitate the commission 
of the offense, or to destroy, or to mutilate and sell as 
scrap, aircraft material or part inventories or stocks; 
"(B) imposing reasonable restrictions on the future 
activities or investments of any such person, including 
prohibiting engagement in the same type of endeavor as 
used to commit the offense; and 
"(C) ordering the dissolution or reorganization of any 
enterprise knowingly used to commit or facilitate the 
commission of an offense under this section making due 
provisions for the rights and interests of innocent persons. 
"(2) RESTRAINING ORDERS AND PROHIBITION.—Pending final 
determination of a proceeding brought under this section, the 
court may enter such restraining orders or prohibitions, or 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 139 
take such other actions (including the acceptance of satisfactory 
performance bonds) as the court deems proper. 
"(3) ESTOPPEL.—A final judgment rendered in favor of the 
United States in any criminal proceeding brought under this 
section shall stop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil pro-
ceeding brought by the United States. 
"(d) CRIMINAL FORFEITURE.— 
"(1) IN GENERAL.—The court, in imposing sentence on any 
person convicted of an offense under this section, shall order, 
in addition to any other sentence and irrespective of any provi-
sion of State law, that the person forfeit to the United States— 
"(A) any property constituting, or derived from, any 
proceeds that the person obtained, directly or indirectly, 
as a result of the offense; and 
"(B) any property used, or intended to be used in 
any manner, to commit or facilitate the commission of 
the offense, if the court in its discretion so determines, 
taking into consideration the nature, scope, and proportion-
ality of the use of the property on the offense. 
"(2) APPLICATION OF OTHER LAW.—The forfeiture of property 
under this section, including any seizure and disposition of 
the property, and any proceedings relating to the property, 
shall be governed by section 413 of the Comprehensive Drug 
Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including 
subsection (d) of that section). 
"(e) CONSTRUCTION WITH OTHER LAW.—This section does not 
preempt or displace any other remedy, civil or criminal, provided 
by Federal or State law for the fraudulent importation, sale, trade, 
installation, or introduction into commerce of an aircraft or space 
vehicle part. 
"(f) TERRITORIAL SCOPE.—This section also applies to conduct 
occurring outside the United States i
f
— 
"(1) the offender is a natural person who is a citizen or 
permanent resident alien of the United States, or an organiza-
tion organized under the laws of the United States or political 
subdivision thereof; 
"(2) the aircraft or spacecraft part as to which the violation 
relates was installed in an aircraft or space vehicle owned 
or operated at the time of the offense by a citizen or permanent 
resident alien of the United States, or by an organization 
thereof; or 
"(3) an act in furtherance of the offense was committed 
in the United States.". 
(2) CONFORMING AMENDMENTS.— 
(A) CHAPTER ANALYSIS.—The analysis for chapter 2 
of title 18, United States Code, is amended by adding 
at the end the following: 
"38. Fraud involving aircraft or space vehicle parts in interstate or foreign com-
merce.". 
(B) WIRE AND ELECTRONIC COMMUNICATIONS.—Section 
2516(l)(c) of title 18, United States Code, is amended by 
inserting "section 38 (relating to aircraft parts fraud)," 
after "section 32 (relating to destruction of aircraft or air-
craft facilities),". 
114 STAT. 140 
PUBLIC LAW 106-181—APR. 5, 2000 
SEC. 
507. 
TRANSPORTING 
OF 
HAZARDOUS 
MATERIAL. 
Section 46312 is amended— 
(1) by inserting "(a) IN GENERAL.—" before "A person"; 
and 
(2) by adding at the end the following: 
"(b) KNOWLEDGE OF REGULATIONS.—For purposes of subsection 
(a), knowledge by the person of the existence of a regulation or 
requirement related to the transportation of hazardous material 
prescribed by the Secretary under this part is not an element 
of an offense under this section but shall be considered in mitigation 
of the penalty.". 
SEC. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS. 
(a) 
FLEXIBILITY TO PERFORM 
CRIMINAL 
HISTORY 
RECORD 
CHECKS.—Section 44936(a)(1)(C) is amended— 
(1) in clause (iii) by striking "or"; 
(2) in clause (iv) by striking the period at the end and 
inserting "; or"; and 
(3) by adding at the end the following: 
"(v) the Administrator decides it is necessary to ensure 
air transportation security with respect to passenger, baggage, 
or property screening at airports.". 
(b) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Section 
44936(f) is amended— 
(1) in paragraph (1)(B) by inserting "(except a branch of 
the United States Armed Forces, the National Guard, or a 
reserve component of the United States Armed Forces)" after 
"person" the first place it appears; 
(2) in paragraph (l)(B)(ii) by striking "individual" the first 
place it appears and inserting "individual's performance as 
a pilot"; 
(3) in paragraph (5) by striking the period at the end 
of the first sentence and inserting "; except that, for purposes 
of paragraph (15), the Administrator may allow an individual 
designated by the Administrator to accept and maintain written 
consent on behalf of the Administrator for records requested 
under paragraph (1)(A)."; 
(4) in paragraph (13)— 
(A) by striking "may" and inserting "shall"; and 
(B) before the semicolon in subparagraph (A)(i) insert 
"and disseminated under paragraph (15)"; 
(5) in paragraph (14)(B) by inserting "or from a foreign 
government or entity that employed the individual" after 
"exists"; and 
(6) by adding at the end the following: 
"(15) ELECTRONIC ACCESS TO FAA RECORDS.—For the pur-
pose of increasing timely and efficient access to Federal Avia-
tion Administration records described in paragraph (1), the 
Administrator may allow, under terms established by the 
Administrator, an individual designated by the air carrier to 
have electronic access to a specified database containing 
information about such records. The terms shall limit such 
access to instances in which information in the database is 
required by the designated individual in making a hiring deci-
sion concerning a pilot applicant and shall require that the 
designated individual provide assurances satisfactory to the 
Administrator that information obtained using such access will 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 141 
not be used for any purpose other than making the hiring 
decision.". 
SEC. 509. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR 
TRANSPORTATION WITHOUT AN AIRMAN'S CERTIFICATE. 
(a) IN GENERAL.—Chapter 463 is amended by adding at the 
end the following: 
"§46317. Criminal 
penalty for pilots 
operating in air 
transportation without an airman's certificate 
"(a) GENERAL CRIMINAL PENALTY.—An individual shall be fined 
under title 18 or imprisoned for not more than 3 years, or both, 
if that individual— 
"(1) knowingly and willfully serves or attempts to serve 
in any capacity as an airman operating an aircraft in air 
transportation without an airman's certificate authorizing the 
individual to serve in that capacity; or 
"(2) knowingly and willfully employs for service or uses 
in any capacity as an airman to operate an aircraft in air 
transportation an individual who does not have an airman's 
certificate authorizing the individual to serve in that capacity. 
"(b) CONTROLLED SUBSTANCE CRIMINAL PENALTY.— 
"(1) CONTROLLED SUBSTANCES DEFINED.—In this subsection, 
the term 'controlled substance' has the meaning given that 
term in section 102 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 802). 
"(2) CRIMINAL PENALTY.—An individual violating subsection 
(a) shall be fined under title 18 or imprisoned for not more 
than 5 years, or both, if the violation is related to transporting 
a controlled substance by aircraft or aiding or facilitating a 
controlled substance violation and that transporting, aiding, 
or facilitating— 
"(A) is punishable by death or imprisonment of more 
than 1 year under a Federal or State law; or 
"(B) is related to an act punishable by death or impris-
onment for more than 1 year under a Federal or State 
law related to a controlled substance (except a law related 
to simple possession (as that term is used in section 
46306(c)) of a controlled substance). 
"(3) TERMS OF IMPRISONMENT.—A term of imprisonment 
imposed under paragraph (2) shall be served in addition to, 
and not concurrently with, any other term of imprisonment 
imposed on the individual subject to the imprisonment.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 463 
is amended by adding at the end the following: 
"46317, Criminal penalty for pilots operating in air transportation without an air-
man's certificate.". 
SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES. 
Not later than 60 days after the date of the enactment of Deadline. 
this Act, the Administrator shall issue a notice of proposed rule-
making to develop procedures to protect air carriers and their 
employees from enforcement actions for violations of title 14, Code 
of Federal Regulations, (other than criminal or deliberate acts) 
that are reported or discovered as a result of voluntary reporting 
programs, such as the Flight Operations Quality Assurance Pro-
gram and the Aviation Safety Action Program. 
114 STAT. 142 
PUBLIC LAW 106-181—APR. 5, 2000 
SEC. 511. PENALTIES FOR UNRULY PASSENGERS. 
(a) IN GENERAL.—Chapter 463 (as amended by section 509 
of this Act) is further amended by adding at the end the following: 
"§ 46318. Interference with cabin or flight crew 
"(a) GENERAL RULE.—An individual who physically assaults 
or threatens to physically assault a member of the flight crew 
or cabin crew of a civil aircraft or any other individual on the 
aircraft, or takes any action that 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.— 
"(1) COMPROMISE.—The Secretary may compromise the 
amount of a civil penalty imposed under this section. 
"(2) SETOFF.—The United States Government may deduct 
the amount of a civil penalty imposed or compromised under 
this section from amounts the Government owes the person 
liable for the penalty.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 463 
is further amended by adding at the end the following: 
"46318. Interference with cabin or flight crew.". 
49 u s e 44903 
SEC. 512. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT 
note. 
OFFICERS. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) AIRCRAFT.—The term "aircraft" has the meaning given 
that term in section 40102 of title 49, United States Code. 
(2) AIR TRANSPORTATION.—The term "air transportation" 
has the meaning given that term in such section. 
(3) PROGRAM.—The term "program" means the program 
established under subsection (b)(1)(A). 
(b) ESTABLISHMENT OF A PROGRAM TO DEPUTIZE LOCAL LAW 
ENFORCEMENT OFFICERS.— 
(1) IN GENERAL.—The Attorney General may— 
(A) establish a program under which the Attorney Gen-
eral may deputize State and local law enforcement officers 
having jurisdiction over airports and airport authorities 
as Deputy United States Marshals for the limited purpose 
of enforcing Federal laws that regulate security on board 
aircraft, including laws relating to violent, abusive, or 
disruptive behavior by passengers in air transportation; 
and 
(B) encourage the participation of law enforcement offi-
cers of State and local governments in the program. 
(2) CONSULTATION.—In establishing the program, the 
Attorney General shall consult with appropriate officials o
f
— 
(A) the United States Government (including the 
Administrator or a designated representative of the 
Administrator); and 
(B) State and local governments in any geographic 
area in which the program may operate. 
(3) TRAINING AND BACKGROUND OF LAW ENFORCEMENT 
OFFICERS.— 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 143 
(A) IN GENERAL.—Under the program, to qualify to 
serve as a Deputy United States Marshal under the pro-
gram, a State or local law enforcement officer shall— 
(i) meet the minimum background and training 
requirements for a law enforcement officer under part 
107 of title 14, Code of Federal Regulations (or equiva-
lent requirements established by the Attorney Gen-
eral); and 
(ii) receive approval to participate in the program 
from the State or local law enforcement agency that 
is the employer of that law enforcement officer. 
(B) 
TRAINING 
NOT 
FEDERAL 
RESPONSIBILITY.-—The 
United States Government shall not be responsible for 
providing to a State or local law enforcement officer the 
training required to meet the training requirements under 
subparagraph (A)(i). Nothing in this subsection may be 
construed to grant any such law enforcement officer the 
right to attend any institution of the United States Govern-
ment established to provide training to law enforcement 
officers of the United States Government. 
(c) POWERS AND STATUS OF DEPUTIZED LAW ENFORCEMENT 
OFFICERS.— 
(1) IN GENERAL.—Subject to paragraph (2), a State or local 
law enforcement officer that is deputized as a Deputy United 
States Marshal under the program may arrest and apprehend 
an individual suspected of violating any Federal law described 
in subsection (b)(1)(A), including any individual who violates 
a provision subject to a civil penalty under section 46301 of 
title 49, United States Code, or section 46302, 46303, 46318, 
46504, 46505, or 46507 of that title, or who commits an act 
described in section 46506 of that title. 
(2) LIMITATION.—The powers granted to a State or local 
law enforcement officer deputized under the program shall 
be limited to enforcing Federal laws relating to security on 
board aircraft in flight. 
(3) STATUS.—A State or local law enforcement officer that 
is deputized as a Deputy United States Marshal under the 
program shall not— 
(A) be considered to be an employee of the United 
States Government; or 
(B) receive compensation from the United States 
Government by reason of service as a Deputy United States 
Marshal under the program. 
(d) STATUTORY CONSTRUCTION.—Nothing in this section may 
be construed to— 
(1) grant a State or local law enforcement officer that 
is deputized under the program the power to enforce any Fed-
eral law that is not described in subsection (c); or 
(2) limit the authority that a State or local law enforcement 
officer may otherwise exercise in the officer's capacity under 
any other applicable State or Federal law. 
(e) REGULATIONS.—The Attorney General may promulgate such 
regulations as may be necessary to carry out this section. 
(f) NOTIFICATION OF CONGRESS.—Not later than 90 days after 
Deadline. 
the date of the enactment of this Act, the Attorney General shall 
notify the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, 
114 STAT. 144 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadlines. 
Deadline. 
49 use 47106 
note. 
49 use 47106 
note. 
and Transportation of the Senate on whether or not the Attorney 
General intends to establish the program authorized by this section. 
SEC. 513. AIR TRANSPORTATION OVERSIGHT SYSTEM. 
(a) REPORT.—Not later than August 1, 2000, the Administrator 
shall transmit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report on the 
progress of the Federal Aviation Administration in implementing 
the air transportation oversight system, including in detail the 
training of inspectors under the system, the number of inspectors 
using the system, air carriers subject to the system, and the budget 
for the system. 
(b) REQUIRED CONTENTS.—^At a minimum, the report shall 
indicate— 
(1) any funding or staffing constraints that would adversely 
impact the Administration's ability to continue to develop and 
implement the air transportation oversight system; 
(2) progress in integrating the aviation safety data derived 
from such system's inspections with existing aviation data of 
the Administration in the safety performance analysis system 
of the Administration; and 
(3) the Administration's efforts in collaboration with the 
aviation industry to develop and validate safety performance 
measures and appropriate risk weightings for such system. 
(c) UPDATE.—Not later than August 1, 2002, the Administrator 
shall update the report submitted under this section and transmit 
the updated report to the committees referred to in subsection 
(a). 
SEC. 514. RUNWAY SAFETY AREAS. 
(a) ELIGIBILITY.—Section 47102(3)(B) (as amended by section 
122 of this Act) is further amended by adding at the end the 
following: 
"(ix) engineered materials arresting systems as 
described in the Advisory Circular No. 150/5220-22 
published by the Federal Aviation Administration on 
August 21, 1998, including any revision to the cir-
cular.". 
(b) SOLICITATION OF COMMENTS.—Not later than 6 months after 
the date of the enactment of this Act, the Administrator shall 
solicit comments on the need for the improvement of runway safety 
areas through the use of engineered materials arresting systems, 
longer runways, and such other techniques as the Administrator 
considers appropriate. 
(c) GRANTS FOR ENGINEERED MATERIALS ARRESTING SYSTEMS.— 
In making grants under section 47104 of title 49, United States 
Code, for engineered materials arresting systems, the Secretary 
shall require the sponsor to demonstrate that the effects of jet 
blasts have been adequately considered. 
(d) GRANTS FOR RUNWAY REHABILITATION.—In any case in 
which an airport's runways are constrained by physical conditions, 
the Secretary shall consider alternative means for ensuring runway 
ssifety (other than a safety overrun area) when prescribing condi-
tions for grants for runway rehabilitation. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 145 
Deadline. 
49 u s e 44505 
note. 
49 u s e 44706 
note. 
Deadlines. 
SEC. 515. PRECISION APPROACH PATH INDICATORS. 
Not later than 6 months after the date of the enactment of 
this Act, the Administrator shall solicit comments on the need 
for the installation of precision approach path indicators. 
SEC. 516. AIRCRAFT DISPATCHERS. 
(a) STUDY.—^The Administrator shall conduct a study of the 
role of aircraft dispatchers in enhancing aviation safety. 
(b) CONTENTS.—The study shall include an assessment of 
whether or not aircraft dispatchers should be required for those 
operations not presently requiring aircraft dispatcher assistance, 
operational control issues related to the aircraft dispatching func-
tions, and whether or not designation of positions within the Federal 
Aviation Administration for oversight of dispatchers would enhance 
aviation safety. 
(c) REPORT.—Not later than 1 year after the date of the enact- Deadline, 
ment of this Act, the Administrator shall transmit to Congress 
a report on the results of the study conducted under this section. 
SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT 
49 USC 44515 
MECHANICS. 
note. 
The Administrator shall form a partnership with industry and 
labor to develop a model program to improve the curricula, teaching 
methods, :\nd quality of instructors for training individuals that 
need certification as airframe and powerplant mechanics. 
SEC. 518. SMALL AIRPORT CERTIFICATION. 
Not later than 60 days after the date of the enactment of 
this Act, the Administrator shall issue a notice of proposed rule-
making on implementing section 44706(a)(2) of title 49, United 
States Code, relating to issuance of airport operating certificates 
for small scheduled passenger air carrier operations. Not later Regulations 
than 1 year after the last day of the period for public comment 
provided for in the notice of proposed rulemaking, the Administrator 
shall issue a final rule on implementing such program. 
SEC. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY 
INFORMATION. 
(a) GENERAL RULE.—Chapter 421 is amended by adding at 
the end the following: 
"SUBCHAPTER III—WHISTLEBLOWER PROTECTION 
PROGRAM 
"§42121. Protection of employees 
providing air safety 
information 
"(a) DISCRIMINATION AGAINST AiRLiNE EMPLOYEES.—^No air car-
rier or contractor or subcontractor of an air carrier may discharge 
an employee or otherwise discriminate against an employee with 
respect to compensation, terms, conditions, or privileges of employ-
ment 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 Government information relating 
to any violation or alleged violation of any order, regulation, 
or standard of the Federal Aviation Administration or any 
114 STAT. 146 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadline. 
Deadlines. 
other provision of Federal law relating to air carrier safety 
under this subtitle or any other law of the United States; 
"(2) has filed, caused to be filed, or is about to file (with 
any knowledge of the employer) or cause to be filed a proceeding 
relating to any violation or alleged violation of any order, regu-
lation, 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; 
"(3) testified or is about to testify in such a proceeding; 
or 
"(4) assisted or participated or is about to assist or partici-
pate in such a proceeding. 
"(b) DEPARTMENT OF LABOR COMPLAINT PROCEDURE.— 
"(1) FILING AND NOTIFICATION.—^A person who believes that 
he or she has been discharged or otherwise discriminated 
against by any person in violation of subsection (a) may, not 
later than 90 days after the date on which such violation 
occurs, file (or have any person file on his or her behalf) 
a complaint with the Secretary of Labor alleging such discharge 
or discrimination. Upon receipt of such a complaint, the Sec-
retary 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 complaint, of the substance of evidence sup-
porting the complaint, and of the opportunities that will be 
afforded to such person under paragraph (2). 
"(2) INVESTIGATION; PRELIMINARY ORDER.— 
"(A) IN GENERAL.—Not later than 60 days after the 
date of receipt of a complaint filed under paragraph (1) 
and after affording the person named in the complaint 
an opportunity to submit to the Secretary of Labor a writ-
ten response to the complaint and an opportunity to meet 
with a representative of the Secretary to present state-
ments from witnesses, the Secretary of Labor shall conduct 
an investigation and determine whether there is reasonable 
cause to believe 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 sub-
section (a) has occurred, the Secretary shall accompany 
the Secretar^s findings with a preliminary order providing 
the relief prescribed by paragraph (3)(B). Not later than 
30 days after the date of notification of findings under 
this paragraph, either the person alleged to have committed 
the violation or the complainant may file objections to 
the findings or preliminary order, or both, and request 
a hearing on the record. The filing of such objections 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 COMPLAINANT.—The 
Secretary of Labor shall dismiss a complaint filed 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 147 
under this subsection and shall not conduct an inves-
tigation 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 
unfavorable personnel action alleged in the complaint. 
"(ii) SHOWING BY EMPLOYER.—Notwithstanding a 
finding by the Secretary that the complainant has 
made the showing required under clause (i), no inves-
tigation otherwise required under subparagraph (A) 
shall be conducted if the employer demonstrates, by 
clear and convincing evidence, that the employer would 
have taken the same unfavorable personnel action in 
the absence of that behavior. 
"(iii) 
CRITERIA 
FOR DETERMINATION 
BY 
SEC-
RETARY.—The Secretary may determine that a violation 
of subsection (a) has occurred only if the complainant 
demonstrates that any behavior described in para-
graphs (1) through (4) of subsection (a) was a contrib-
uting 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 convincing 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; SETTLEMENT AGREE-
MENTS.—Not later than 120 days after the date of conclu-
sion of a hearing under paragraph (2), the Secretary of 
Labor shall issue a final order providing the relief pre-
scribed by this paragraph or den5dng the complaint. At 
any time before issuance of a final order, a proceeding 
under this subsection may be terminated on the basis 
of a settlement agreement entered into by the Secretary 
of Labor, the complainant, and the person alleged to have 
committed the violation. 
"(B) REMEDY.—If, in response to a complaint filed 
under paragraph (1), the Secretary of Labor determines 
that a violation of subsection (a) has occurred, the Secretary 
of Labor shall order the person who committed such viola-
tion to— 
"(i) take affirmative action to abate the violation; 
"(ii) reinstate the complainant to his or her former 
position together with the compensation (including 
back pay) and restore the terms, conditions, and privi-
leges associated with his or her employment; and 
"(iii) 
provide 
compensatory 
damages 
to the 
complainant. 
If such an order is issued under this paragraph, the Sec-
retary of Labor, at the request of the complainant, shall 
assess against the person against whom the order is issued 
a sum equal to the aggregate amount of all costs and 
expenses (including attorneys' and expert witness fees) 
reasonably incurred, as determined by the Secretary of 
Labor, by the complainant for, or in connection with, the 
bringing the complaint upon which the order was issued. 
114 STAT. 148 
PUBLIC LAW 106-181—APR. 5, 2000 
"(C) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor 
finds that a complaint under paragraph (1) is frivolous 
or has been brought in bad faith, the Secretary of Labor 
may award to the prevailing employer a reasonable attor-
ney's fee not exceeding $1,000. 
"(4) REVIEW.— 
"(A) 
APPEAL 
TO COURT OF APPEALS.—Any person 
adversely affected or aggrieved b} an order issued under 
paragraph (3) may obtain review of the order in the United 
States Court of Appeals for the circuit in which the viola-
tion, with respect to which the order was issued, allegedly 
occurred or the circuit in which the complainant resided 
Deadline. 
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, United States Code. The 
commencement of proceedings under this subparagraph 
shall not, unless ordered by the court, operate as a stay 
of the order. 
"(B) LIMITATION ON COLLATERAL ATTACK.—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 comply 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 person on whose 
behalf an order was issued under paragraph (3) may com-
mence a civil action against the person to whom such 
order was issued to require compliance with such order. 
The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy 
or the citizenship of the parties, to enforce such order. 
"(B) ATTORNEY FEES.—The court, in issuing any final 
order under this paragraph, may award costs of litigation 
(including reasonable attorney and expert witness fees) 
to any party whenever the court determines such award 
is appropriate. 
"(c) MANDAMUS.—Any nondiscretionary duty imposed by this 
section shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28, United States Code. 
"(d) 
NONAPPLICABILITY 
TO 
DELIBERATE 
VIOLATIONS.— 
Subsection (a) shall not apply with respect to an employee of an 
air carrier, contractor, or subcontractor who, acting without direc-
tion from such air carrier, contractor, or subcontractor (or such 
person's agent), deliberately causes a violation of any requirement 
relating to air carrier safety under this subtitle or any other law 
of the United States. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 149 
"(e) CONTRACTOR DEFINED.—In this section, the term 'con-
tractor' 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: 
"SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM 
"42121. Protection of employees providing air safety information.". 
(c) CIVIL PENALTY.—Section 46301(a)(1)(A) is amended by 
striking "subchapter II of chapter 421" and inserting "subchapter 
II or III of chapter 421". 
SEC. 520. OCCUPATIONAL D^JURIES OF AIRPORT WORKERS. 
(a) STUDY.—The Administrator shall conduct a study to deter-
mine the number of persons working at airports who are injured 
or killed as a result of being struck by a moving vehicle while 
on an airport tarmac, the seriousness of the injuries to such persons, 
and whether or not reflective safety vests or other actions should 
be required to enhance the safety of such workers. 
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Administrator shall transmit to Congress 
a report on the results of the study conducted under this section. 
TITLE VI—TRANSFER OF 
AERONAUTICAL CHARTING ACTIVITY 
49 u s e 44505 
note. 
Deadline. 
SEC. 
601. 
TRANSFER 
OF 
FUNCTIONS, 
POWERS, 
AND 
DUTIES. 
Effective October 1, 2000, there are transferred to the Federal 
Aviation Administration and vested in the Administrator the func-
tions, powers, and duties of the Secretary of Commerce and other 
officers of the Department of Commerce that relate to the Office 
of Aeronautical Charting and Cartography and are set forth in 
section 44721 of title 49, United States Code. 
SEC. 
602. 
TRANSFER 
OF 
OFFICE, 
PERSONNEL, 
AND 
FUNDS. 
(a) TRANSFER OF OFFICE.—Effective October 1, 2000, the Office 
of Aeronautical Charting and Cartography of the National Oceanic 
and Atmospheric Administration, Department of Commerce, is 
transferred to the Federal Aviation Administration. 
(b) OTHER TRANSFERS.—Effective October 1, 2000, the personnel 
employed in connection with, and the assets, liabilities, contracts, 
property, equipment, facilities, records, and unexpended balance 
of appropriations, and other funds employed, held, used, arising 
from, available to, or to be made available in connection with 
the function and offices, or portions of offices, transferred by this 
title, including all Senior Executive Service positions, subject to 
section 1531 of title 31, United States Code, are transferred to 
the Administrator of the Federal Aviation Administration for appro-
priate allocation. Personnel employed in connection with functions 
transferred by this title transfer under any applicable law and 
regulation relating to transfer of functions. Unexpended funds 
transferred under this section shall be used only for the purposes 
for which the funds were originally authorized and appropriated, 
except that funds may be used for expenses associated with the 
transfer authorized by this title. 
49 u s e 44721 
note. 
Effective date. 
49 u s e 44721 
note. 
Effective dates. 
114 STAT. 150 
PUBLIC LAW 106-181—APR. 5, 2000 
Effective date. 
SEC. 603. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
(a) IN GENERAL.—Section 44721 is amended to read as follows: 
"§44721. Aeronautical charts and related products and serv-
ices 
"(a) PUBLICATION.— 
"(1) IN GENERAL.—The Administrator of the Federal Avia-
tion Administration may arrange for the publication of aero-
nautical maps and charts necessary for the safe and efficient 
movement of aircraft in air navigation, using the facilities 
and assistance of departments, agencies, and instrumentalities 
of the United States Government as far as practicable. 
"(2) NAVIGATION ROUTES.—In carrying out paragraph (1), 
the Administrator shall update and arrange for the publication 
of clearly defined routes for navigating through a complex ter-
minal airspace area and to and from an airport located in 
such an area, if the Administrator decides that publication 
of the routes would promote safety in air navigation. The routes 
shall be developed in consultation with pilots and other users 
of affected airports and shall be for the optional use of pilots 
operating under visual flight rules. 
"(b) INDEMNIFICATION.—The Government shall make an agree-
ment to indemnify any person that publishes a map or chart for 
use in aeronautics from any part of a claim arising out of the 
depiction by the person on the map or chart of a defective or 
deficient flight procedure or airway if the flight procedure or airway 
was— 
"(1) prescribed by the Administrator; 
"(2) depicted accurately on the map or chart; and 
"(3) not obviously defective or deficient. 
"(c) AUTHORITY OF OFFICE OF AERONAUTICAL CHARTING AND 
CARTOGRAPHY.—Effective October 1, 2000, the Administrator is 
vested with and shall exercise the functions, powers, and duties 
of the Secretary of Commerce and other officers of the Department 
of Commerce that relate to the Office of Aeronautical Charting 
and Cartography to provide aeronautical charts and related prod-
ucts and services for the safe and efficient navigation of air com-
merce, under the following authorities: 
"(1) Sections 1 through 9 of the Act entitled 'An Act to 
define the functions and duties of the Coast and Geodetic 
Survey, and for other purposes', approved August 6, 1947, 
(33 U.S.C. 883a-883h). 
"(2) Section 6082 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (33 U.S.C. 883j). 
"(3) Section 1307 of title 44, United States Code. 
"(4) The provision of title II of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1995 under the heading 'National Oceanic 
and Atmospheric Administration' relating to aeronautical charts 
(44 U.S.C. 1307 note). 
"(d) AUTHORITY.—In order that full public benefit may be 
derived from the dissemination of data resulting from activities 
under this section and of related data from other sources, the 
Administrator may— 
"(1) develop, process, disseminate and publish digital and 
analog data, information, compilations, and reports; 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 151 
"(2) compile, print, and disseminate aeronautical charts 
and related products and services of the United States and 
its territories and possessions; 
"(3) compile, print, and disseminate aeronautical charts 
and related products and services covering international air-
space as are required primarily by United States civil aviation; 
and 
"(4) compile, print, 
and 
disseminate 
nonaeronautical 
navigational, transportation or public-safety-related products 
and services when in the best interests of the Government. 
"(e) 
CONTRACTS, 
COOPERATIVE 
AGREEMENTS, 
GRANTS, AND 
OTHER AGREEMENTS.— 
"(1) CONTRACTS.—The Administrator is authorized to con-
tract with qualified organizations for the performance of any 
part of the authorized functions of the Office of Aeronautical 
Charting and Cartography when the Administrator deems such 
procedure to be in the public interest and will not compromise 
public safety. 
"(2) COOPERATIVE AGREEMENTS, GRANTS, AND OTHER AGREE-
MENTS.—The Administrator is authorized to enter into coopera-
tive agreements, grants, reimbursable agreements, memoranda 
of understanding and other agreements, with a State, subdivi-
sion of a State, Federal agency, public or private organization, 
or individual, to carry out the purposes of this section. 
"(f) SPECIAL SERVICES AND PRODUCTS.— 
"(1) IN GENERAL.—The Administrator is authorized, at the 
request of a State, subdivision of a State, Federal agency, 
public or private organization, or individual, to conduct special 
services, including making special studies, or developing special 
publications or products on matters relating to navigation, 
trsmsportation, or public safety. 
"(2) FEES.—The Administrator shall assess a fee for any 
special service provided under paragraph (1). A fee shall be 
not more than the actual or estimated full cost of the service. 
A fee may be reduced or waived for research organizations, 
educational organizations, or non-profit organizations, when 
the Administrator determines that reduction or waiver of the 
fee is in the best interest of the Government by furthering 
public safety. 
"(g) SALE AND DISSEMINATION OF AERONAUTICAL PRODUCTS.— 
"(1) IN GENERAL.—Aeronautical products created or main-
tained under the authority of this section shall be sold at 
prices established annually by the Administrator consistent 
with the following: 
"(A) MAXIMUM PRICE.—Subject to subparagraph (B), 
the price of an aeronautical product sold to the public 
shall be not more than necessary to recover all costs attrib-
utable to: (i) data base management and processing; (ii) 
compilation; (iii) printing or other types of reproduction; 
and (iv) dissemination of the product. 
"(B) ADJUSTMENT OF PRICE.—The Administrator shall 
adjust the price of an aeronautical product and service 
sold to the public as necessary to avoid any adverse impact 
on aviation safety attributable to the price specified under 
this paragraph. 
"(C) 
COSTS ATTRIBUTABLE TO ACQUISITION OF AERO-
NAUTICAL DATA.—A price established under this paragraph 
114 STAT. 152 
PUBLIC LAW 106-181—APR. 5, 2000 
may not include costs attributable to the acquisition of 
aeronautical data. 
"(2) PUBLICATION OF PRICES.—The Administrator shall pub-
lish annually the prices at which aeronautical products are 
sold to the public. 
"(3) DISTRIBUTION.—The Administrator may 
distribute 
aeronautical products and provide aeronautical services— 
"(A) without charge to each foreign government or 
international organization with which the Administrator 
or a Federal department or agency has an agreement for 
exchange of these products or services without cost; 
"(B) at prices the Administrator establishes, to the 
departments and officers of the United States requiring 
them for official use; and 
"(C) at reduced or no charge where, in the judgment 
of the Administrator, furnishing the aeronautical product 
or service to a recipient is a reasonable exchange for vol-
untary contribution of information by the recipient to the 
activities under this section. 
"(4) FEES.—The fees provided for in this subsection are 
for the purpose of reimbursing the Government for the costs 
of creating, printing and disseminating aeronautical products 
and services under this section. The collection of fees authorized 
by this section does not alter or expand any duty or liability 
of the Government under existing law for the performance 
of functions for which fees are collected, nor does the collection 
of fees constitute an express or implied undertaking by the 
Government to perform any activity in a certain manner.", 
(b) CONFORMING AMENDMENT.—The chapter analysis of chapter 
447 is amended by striking the item relating to section 44721 
and inserting the following: 
"44721. Aeronautical charts and related products and services.". 
49 u s e 44721 
SEC. 604. SAVINGS PROVISION. 
"°*^' 
(a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—All orders, 
determinations, rules, regulations, permits, contracts, certificates, 
licenses, privileges, and financial assistance that— 
(1) have been issued, made, granted, or allowed to become 
effective by the President of the United States, the Secretary 
of Commerce, the Administrator of the National Oceanic and 
Atmospheric Administration, any Federal agency or official 
thereof, or by a court of competent jurisdiction, in the perform-
ance of functions which are transferred by this title; and 
(2) are in effect on the date of transfer, 
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with 
law by the President of the United States, the Administrator of 
the Federal Aviation Administration, a court of competent jurisdic-
tion, or by operation of law. 
(b) CONTINUED EFFECTIVENESS OF PENDING ACTIONS.— 
(1) IN GENERAL.—The provisions of this title shall not affect 
any proceedings, including notices of proposed rulemaking, or 
any application for any license, permit, certificate, or financial 
assistance pending on the date of transfer before the Depart-
ment of Commerce or the National Oceanic and Atmospheric 
Administration, or any officer of such Department or Adminis-
tration, with respect to functions transferred by this title, but 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 153 
such proceedings or applications, to the extent that they relate 
to functions transferred, shall be continued in accord with 
transition guidelines promulgated by the Administrator of the 
Federal Aviation Administration under the authority of this 
section. Orders issued in any such proceedings shall continue 
in effect until modified, terminated, superseded, or revoked 
by the Administrator of the Federal Aviation Administration, 
by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection prohibits the discontinuance or modi-
fication of any such proceeding under the same terms and 
conditions and to the same extent that such proceeding could 
have been discontinued or modified if this title had not been 
enacted. 
(2) TRANSITION GUIDELINES.—The Secretary of Commerce, 
the Administrator of the National Oceanic and Atmospheric 
Administration, and the Administrator of the Federal Aviation 
Administration are authorized to issue transition guidelines 
providing for the orderly transfer of proceedings and otherwise 
to accomplish the orderly transfer of functions, personnel and 
property under this title. 
(c) CONTINUED EFFECTIVENESS OF JUDICIAL ACTIONS.—NO cause 
of action by or against the Department of Commerce or the National 
Oceanic and Atmospheric Administration with respect to functions 
transferred by this title, or by or against any officer thereof in 
the official's capacity, shall abate by reason of the enactment of 
this title. Causes of action and actions with respect to a function 
or office transferred by this title, or other proceedings may be 
asserted by or against the United States or an official of the Federal 
Aviation Administration, as may be appropriate, and, in an action 
pending when this title takes effect, the court may at any time, 
on its own motion or that of any party, enter an order that will 
give effect to the provisions of this subsection. 
(d) 
SUBSTITUTION OR ADDITION OF PARTIES TO JUDICIAL 
ACTIONS.—If, on the date of transfer, the Department of Commerce 
or the National Oceanic and Atmospheric Administration, or any 
officer of the Department or Administration in an official capacity, 
is a party to an action, and under this title any function relating 
to the action of the Department, Administration, or officer is trans-
ferred to the Federal Aviation Administration, then such action 
shall be continued with the Administrator of the Federal Aviation 
Administration substituted or added as a party. 
(e) CONTINUED JURISDICTION OVER ACTIONS TRANSFERRED.— 
Orders and actions of the Administrator of the Federal Aviation 
Administration in the exercise of functions transferred by this title 
shall be subject to judicial review to the same extent and in the 
same manner as if such orders and actions had been by the Depart-
ment of Commerce or the National Oceanic and Atmospheric 
Administration, or any office or officer of such Department or 
Administration, in the exercise of such functions immediately pre-
ceding their transfer. 
(f) LIABILITIES AND OBLIGATIONS.—The Administrator of the 
Federal Aviation Administration shall assume all liabilities and 
obligations (tangible and incorporeal, present and executory) associ-
ated with the functions transferred under this title on the date 
of transfer, including leases, permits, licenses, contracts, agree-
ments, claims, tariffs, accounts receivable, accounts payable, finan-
cial assistance, and litigation relating to such obligations, regardless 
114 STAT. 154 
PUBLIC LAW 106-181—APR. 5, 2000 
49 use 44721 
note. 
whether judgment has been entered, damages awarded, or appeal 
taken. 
SEC. 605. NATIONAL OCEAN SURVEY. 
(a) CHARTS AND PUBLICATIONS.—Section 2 of the Act entitled 
"An Act to define the fiinctions and duties of the Coast and Geodetic 
Survey, and for other purposes", approved August 6, 1947 (33 
U.S.C. 883b), is amended— 
(1) by striking paragraphs (3) and (5), and redesignating 
paragraphs (4) and (6) as paragraphs (3) and (4), respectively; 
(2) by striking "charts of the United States, its Territories, 
and possessions;" in paragraph (3), as redesignated, and 
inserting "charts;"; and 
(3) by striking "publications for the United States, its Terri-
tories, and possessions" in paragraph (4), as redesignated, and 
inserting "publications". 
(b) COOPERATIVE AND OTHER AGREEMENTS.—Section 5(1) 
of 
such Act (33 U.S.C. 883e(l)) is amended— 
(1) by striking "cooperative agreements" and inserting 
"cooperative agreements, or any other agreements,"; and 
(2) in paragraph (2) by striking "cooperative". 
SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL 
PRODUCTS BY NOAA. 
(a) IN GENERAL.—Section 1307 of title 44, United States Code, 
is amended— 
(1) in the section heading by striking "and aeronautical"; 
and 
(2) by striking "and aeronautical" and "or aeronautical" 
each place they appear. 
(b) PRICES.—Section 1307(a)(2)(B) of such title is amended by 
striking "aviation and". 
(c) FEES.—Section 1307(d) of such title 44 is amended by 
striking "aeronautical and". 
(d) CONFORMING AMENDMENT.—The analysis for chapter 13 
of title 44, United States Code, is amended in the item relating 
to section 1307 by striking "and aeronautical". 
SEC. 
607. PROCUREMENT 
OF PRIVATE 
ENTERPRISE 
MAPPING, 
CHARTING, AND GEOGRAPHIC INFORMATION SYSTEMS. 
The Administrator shall consider procuring mapping, charting, 
and geographic information systems necessary to carry out the 
duties of the Administrator under title 49, United States Code, 
from private enterprises, if the Administrator determines that such 
procurement furthers the mission of the Federal Aviation Adminis-
tration and is cost effective. 
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 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 
44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 155 
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) DEFINITION OF PUBLIC AIRCRAFT.—Section 40102(a)(37) is 
amended to read as follows: 
"(37) 'public aircraft' means any of the following: 
"(A) Except with respect to an aircraft described in 
subparagraph (E), an aircraft used only for the United 
States Government, except as provided in section 40125(b). 
"(B) An aircraft owned by the Government and oper-
ated by any person for purposes related to crew training, 
equipment development, or demonstration, except as pro-
vided in section 40125(b). 
"(C) An aircraft owned and operated by the government 
of a State, the District of Columbia, or a territory or posses-
sion of the United States or a political subdivision of one 
of these governments, except as provided in section 
40125(b). 
"(D) An aircraft exclusively leased for at least 90 
continuous days by the government of a State, the District 
of Columbia, or a territory or possession of the United 
States or a political subdivision of one of these govern-
ments, except as provided in section 40125(b). 
"(E) An aircraft owned or operated by the armed forces 
or chartered to provide transportation to the armed forces 
under the conditions specified by section 40125(c).". 
(b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS.— 
(1) IN GENERAL.—Chapter 401 is further amended by 
adding at the end the following: 
"§ 40125. Qualifications for public aircraft status 
"(a) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) COMMERCIAL PURPOSES.—The term 'commercial pur-
poses' means the transportation of persons or property for 
compensation or hire, but does not include the operation of 
an aircraft by the armed forces for reimbursement when that 
reimbursement is required by any Federal statute, regulation, 
or directive, in effect on November 1, 1999, or by one govern-
ment on behalf of another government under a cost reimburse-
ment agreement if the government on whose behalf the oper-
ation is conducted certifies to the Administrator 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 'governmental 
function' means an activity undertaken by a government, such 
as national defense, intelligence missions, firefighting, search 
and rescue, law enforcement (including transport of prisoners, 
detainees, 
and 
illegal 
aliens), 
aeronautical 
research, 
or 
biological or geological resource management. 
114 STAT. 156 
PUBLIC LAW 106-181—APR. 5, 2000 
"(3) QUALIFIED NON-CREWMEMBER.—The term 'qualified 
non-crewmember' means an individual, other than a member 
of the crew, aboard an aircraft— 
"(A) operated by the armed forces or an intelligence 
agency of the United States Government; or 
"(B) whose presence is required to perform, or is associ-
ated with the performance of, a governmental function. 
"(4) ARMED FORCES.—The term 'armed forces' has the 
meaning given such term by section 101 of title 10. 
"(b) AIRCRAFT OWNED BY GOVERNMENTS.—An aircraft described 
in subparagraph (A), (B), (C), or (D) of section 40102(a)(37) does 
not qualify as a public aircraft under such section when the aircraft 
is used for commercial purposes or to carry an individual other 
than a crewmember or a qualified non-crewmember. 
"(c) AIRCRAFT OWNED OR OPERATED BY THE ARMED FORCES.— 
"(1) IN GENERAL.—Subject to paragraph (2), an aircraft 
described in section 40102(a)(37)(E) qualifies as a public aircraft 
if— 
"(A) the aircraft is operated in accordance with title 
10; 
"(B) the aircraft is operated in the performance of 
a governmental function under title 14, 31, 32, or 50 and 
the aircraft is not used for commercial purposes; or 
"(C) the aircraft is chartered to provide transportation 
to the armed forces and the Secretary of Defense (or the 
Secretary of the department in which the Coast Guard 
is operating) designates the operation of the aircraft as 
being required in the national interest. 
"(2) LIMITATION.—An aircraft that meets the criteria set 
forth in paragraph (1) and that is owned or operated by the 
National Guard of a State, the District of Columbia, or any 
territory or possession of the United States, qualifies as a 
public aircraft only to the extent that it is operated under 
the direct control of the Department of Defense.". 
(2) CONFORMING AMENDMENT.—The analysis for chapter 
401 is amended by adding at the end the following: 
"40125. Qualifications for public aircraft status.". 
(c) SAFETY OF PUBLIC AIRCRAFT.— 
(1) STUDY.—The National Transportation Safety Board 
shall conduct a study to compare the safety of public aircraft 
and civil aircraft. In conducting the study, the Board shall 
review safety statistics on aircraft operations since 1993. 
Deadline. 
(2) REPORT.—Not later than 6 months after the date of 
the enactment of this Act, the National Transportation Safety 
Board shall transmit to Congress a report containing the results 
of the study conducted under paragraph (1). 
SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS. 
Section 40110 (as amended by section 307(b) of this Act) is 
further amended by adding at the end the following: 
"(e) PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.— 
"(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. 
Federal Register, 
"(2) EXCEPTION.—Paragraph (1) shall not apply to any por-
publication. 
tion of a proposal of an offeror the disclosure of which is 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 157 
authorized by the Administrator pursuant to procedures pub-
lished in the Federal Register. The Administrator shall provide 
an opportunity for public comment on the procedures for a 
period of not less than 30 days beginning on the date of such 
publication in order to receive and consider the views of all 
interested parties on the procedures. The procedures shall not 
take effect before the 60th day following the date of such 
publication. 
"(3) PROPOSAL DEFINED.—In this subsection, the term 'pro-
posal' means information contained in or originating from any 
proposal, including a technical, management, or cost proposal, 
submitted by an offeror in response to the requirements of 
a solicitation for a competitive proposal.". 
SEC. 704. FAA EVALUATION OF LONG-TERM CAPITAL LEASING. 
49 USC 40110 
(a) IN GENERAL.—The Administrator may carry out a pilot 
program in fiscal years 2001 through 2003 to test and evaluate 
the benefits of long-term contracts for the leasing of aviation equip-
ment and facilities. 
(b) PERIOD OF CONTRACTS.—Notwithstanding any other provi-
sion of law, the Administrator may enter into a contract under 
the program to lease aviation equipment or facilities for a period 
of greater than 5 years. 
(c) NUMBER OF CONTRACTS.—The Administrator may not enter 
into more that 10 contracts under the program. 
(d) TYPES OF CONTRACTS.—The contracts to be evaluated under 
the program may include contracts for telecommunication services 
that are provided through the use of a satellite, requirements 
related to oceanic and air traffic control, air-to-ground radio commu-
nications, and air traffic control tower construction. 
SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING 
FISCAL YEARS. 
(a) IN GENERAL.—Chapter 401 (as amended by section 702(b) 
of this Act) is further amended by adding at the end the following: 
"§40126. Severable services contracts for periods crossing 
fiscal years 
"(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration may enter into a contract for procurement of sever-
able services for a period that begins in 1 fiscal year and ends 
in the next fiscal year if (without regard to any option to extend 
the period of the contract) the contract period does not exceed 
1 year. 
"(b) OBLIGATION OF FUNDS.—Funds made available for a fiscal 
year may be obligated for the total amount of a contract entered 
into under the authority of subsection (a).". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 401 
is amended by adding at the end the following: 
"40126. Severable services contracts for periods crossing fiscal years.". 
SEC. 706. PROHIBITIONS ON DISCRIMINATION. 
(a) IN GENERAL.—Chapter 401 (as amended by section 705 
of this Act) is fiirther amended by adding at the end the following: 
"§ 40127. Prohibitions on discrimination 
"(a) PERSONS IN AIR TRANSPORTATION.—An air carrier or foreign 
air carrier may not subject a person in air transportation to 
79-194 O - 00 - 7: QL 3 Part 1 
114 STAT. 158 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadline. 
49 u s e 41705 
note. 
discrimination on the basis of race, color, national origin, religion, 
sex, or ancestry. 
"(b) USE OF PRIVATE AIRPORTS.—Notwithstanding any other 
provision of law, no State or local government may prohibit the 
use or full enjoyment of a private airport within its jurisdiction 
by any person on the basis of that person's race, color, national 
origin, religion, sex, or ancestry.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 401 
is further amended by adding at the end the following: 
"40127. Prohibitions on discrimination.". 
SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS. 
(a) IN GENERAL.—Section 41705 is amended— 
(1) by inserting "(a) IN GENERAL.—" before "In providing"; 
(2) by striking "carrier" and inserting "carrier, including 
(subject to section 40105(b)) any foreign air carrier,"; and 
(3) by adding at the end the following: 
"(b) EACH ACT CONSTITUTES SEPARATE OFFENSE.—For purposes 
of section 46301(a)(3)(E), a separate violation occurs under this 
section for each individual act of discrimination prohibited by sub-
section (a). 
"(c) INVESTIGATION OF COMPLAINTS.— 
"(1) IN GENERAL.—The Secretary shall investigate each 
complaint of a violation of subsection (a). 
"(2) PUBLICATION OF DATA.—The Secretary shall publish 
disability-related complaint data in a manner comparable to 
other consumer complaint data. 
"(3) REVIEW AND REPORT.—The Secretary shall regularly 
review all complaints received by air carriers alleging discrimi-
nation on the basis of disability and shall report annually 
to Congress on the results of such review. 
"(4) TECHNICAL ASSISTANCE.—Not later than 180 days after 
the date of the enactment of this subsection, the Secretary 
shall— 
"(A) implement a plan, in consultation with the Depart-
ment of Justice, the United States Architectural and 
Transportation 
Barriers 
Compliance 
Board, 
and 
the 
National Council on Disability, to provide technical assist-
ance to air carriers and individuals with disabilities in 
understanding the rights and responsibilities set forth in 
this section; and 
"(B) ensure the availability and provision of appro-
priate technical assistance manuals to individuals and enti-
ties with rights or responsibilities under this section.". 
(b) CIVIL PENALTY.—Section 46301(a)(3) (as amended by section 
504(b) of this Act) is further amended by adding at the end the 
following: 
"(E) a violation of section 41705, relating to discrimination 
against handicapped individuals.". 
(c) ESTABLISHMENT OF HIGHER INTERNATIONAL STANDARDS.— 
The Secretary shall work with appropriate international organiza-
tions and the aviation authorities of other nations to bring about 
the establishment of higher standards for accommodating handi-
capped passengers in air transportation, particularly with respect 
to foreign air carriers that code-share with air carriers. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 159 
SEC. 708. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS. 
(a) IN GENERAL.—Section 41706 is amended to read as follows: 
"§41706. Prohibitions against smoking on scheduled flights 
"(a) SMOKING PROHIBITION IN INTRASTATE AND INTERSTATE AIR 
TRANSPORTATION.—An individual may not smoke in an aircraft 
in scheduled passenger interstate air transportation or scheduled 
passenger intrastate air transportation. 
"(b) SMOKING PROHIBITION IN FOREIGN AIR TRANSPORTATION.— 
The Secretary of Transportation shall require all air carriers and 
foreign air carriers to prohibit smoking in any aircraft in scheduled 
passenger foreign air transportation. 
"(c) LIMITATION ON APPLICABILITY.— 
"(1) IN GENERAL.—If a foreign government objects to the 
application of subsection (b) on the basis that subsection (b) 
provides for an extraterritorial application of the laws of the 
United States, the Secretary shall waive the application of 
subsection (b) to a foreign air carrier licensed by that foreign 
government at such time as an alternative prohibition nego-
tiated imder paragraph (2) becomes effective and is enforced 
by the Secretary. 
"(2) ALTERNATIVE PROHIBITION.—If, pursuant to paragraph 
(1), a foreign government objects to the prohibition under sub-
section (b), the Secretary shall enter into bilateral negotiations 
with the objecting foreign government to provide for an alter-
native smoking prohibition. 
"(d) REGULATIONS.—The Secretary shall prescribe such regula-
tions as are necessary to carry out this section.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 49 USC 41706 
shall take effect on the date that is 60 days after the date of note. 
the enactment of this Act. 
SEC. 709. JOINT VENTURE AGREEMENT. 
Section 41720, as redesignated by section 231(b)(1) of this Act, 
is amended by striking "an agreement entered into by a major 
air carrier" and inserting "an agreement between two or more 
major air carriers". 
SEC. 710. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS 
DURING AIR TRANSPORT. 
(a) IN GENERAL.—Subchapter I of chapter 417 (as amended 
by section 231(b) of this Act) is further amended by adding at 
the end the following: 
"§41721. Reports by carriers on incidents involving animals 
during air transport 
"(a) IN GENERAL.—An air carrier that provides scheduled pas-
senger air transportation shall submit monthly to the Secretary 
a report on any incidents involving the loss, injury, or death of 
an animal (as defined by the Secretary of Transportation) during 
air transport provided by the air carrier. The report shall be in 
such form and contain such information as the Secretary determines 
appropriate. 
"(b) TRAINING OF AIR CARRIER EMPLOYEES.—The Secretary 
shall work with air carriers to improve the training of employees 
with respect to the air transport of animals and the notification 
of passengers of the conditions under which the air transport of 
animals is conducted. 
114 STAT. 160 
PUBLIC LAW 106-181—APR. 5, 2000 
"(c) SHARING OF INFORMATION.—The Secretary and the Sec-
retary of Agriculture shall enter into a memorandum of under-
standing to ensure the sharing of information that the Secretary 
receives under subsection (a). 
"(d) PUBLICATION OF DATA.—The Secretary shall publish data 
on incidents and complaints involving the loss, injury, or death 
of an animal during air transport in a manner comparable to 
other consumer complaint and incident data. 
"(e) AIR TRANSPORT.—For purposes of this section, the air trans-
port of an animal includes the entire period during which an animal 
is in the custody of an air carrier, from check-in of the animal 
prior to departure until the animal is returned to the owner or 
guardian of the animal at the final destination of the animal.". 
(b) CONFORMING AMENDMENT.—The analysis for such sub-
chapter is further amended by adding at the end the following: 
"41721. Reports by carriers on incidents involving animals during air transpor-
tation.". 
SEC. 711. EXTENSION OF WAR RISK INSURANCE PROGRAM. 
Section 44310 is amended by striking "after" and all that follows 
and inserting "after December 31, 2003.". 
SEC. 712. GENERAL FACILITIES AND PERSONNEL AUTHORITY. 
Section 44502(a) is amended by adding at the end the following: 
"(5) IMPROVEMENTS ON LEASED PROPERTIES.—The Adminis-
trator 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 Govern-
ment; 
"(B) the improvements are essential for accomplish-
ment of the mission of the Federal Aviation Administration; 
and 
"(C) the interest of the United States Government in 
the improvements is protected.". 
SEC. 713. HUMAN FACTORS PROGRAM. 
(a) IN GENERAL.—Chapter 445 is amended by adding at the 
end the following: 
"§ 44516. Human factors program 
"(a) HUMAN FACTORS TRAINING.— 
"(1) AIR TRAFFIC CONTROLLERS.—The Administrator of the 
Federal Aviation Administration shall— 
"(A) address the problems and concerns raised by the 
National Research Council in its report 'The Future of 
Air Traffic Control' on air traffic control automation; and 
"(B) respond to the recommendations made by the 
National Research Council. 
"(2) PILOTS AND FLIGHT CREWS.—The Administrator shall 
work with representatives of the aviation industry and appro-
priate aviation programs associated with universities to develop 
specific training curricula to address critical safety problems, 
including problems of pilots— 
"(A) in recovering from loss of control of an aircraft, 
including handling unusual attitudes and mechanical mal-
functions; 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 161 
"(B) in deviating from standard operating procedures, 
including inappropriate responses to emergencies and haz-
ardous weather; 
"(C) in awareness of altitude and location relative to 
terrain to prevent controlled flight into terrain; and 
"(D) in landing and approaches, including nonprecision 
approaches and go-around procedures. 
"(b) TEST PROGRAM.—The Administrator shall estabHsh a test 
program in cooperation with air carriers to use model Jeppesen 
approach plates or other similar tools to improve precision-like 
landing approaches for aircraft. 
"(c) REPORT.—Not later than 1 year after the date of the enact- Deadline. 
ment of this section, the Administrator shall transmit to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report on the status of the Administra-
tion's efforts to encourage the adoption and implementation of 
advanced qualification programs for air carriers under this section. 
"(d) ADVANCED QUALIFICATION PROGRAM DEFINED.—In this sec-
tion, the term 'advanced qualification program' means an alter-
native method for qualifying, training, certifying, and ensuring 
the competency of flight crews and other commercial aviation oper-
ations personnel subject to the training and evaluation require-
ments of parts 121 and 135 of title 14, Code of Federal Regulations.". 
(b) AUTOMATION AND ASSOCIATED TRAINING.—Not later than Deadline. 
12 months after the date of the enactment of this Act, the Adminis-
trator shall complete updating training practices for flight deck 
automation and associated training requirements. 
(c) CONFORMING AMENDMENT.—The analysis for chapter 445 
is further amended by adding at the end the following: 
"44516. Human factors program.". 
SEC. 714. 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 following: 
"(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBIL-
ITIES.— 
"(1) IN GENERAL.—Notwithstanding the provisions 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 exchange with that country all or part of their respective 
functions and duties with respect to registered aircraft under 
the following articles of the Convention: Article 12 (Rules of 
the Air); Article 31 (Certificates of Airworthiness); or Article 
32a (Licenses of Personnel). 
"(2) 
RELINQUISHMENT 
AND ACCEPTANCE 
OF RESPONSI-
BILITY.—The Administrator relinquishes responsibility with 
respect to the functions and duties transferred by the Adminis-
trator as specified in the bilateral agreement, under the Articles 
listed in paragraph (1) for United States-registered aircraft 
described in paragraph (4)(A) transferred abroad and accepts 
responsibility with respect to the functions and duties under 
those Articles for aircraft registered abroad and described in 
paragraph (4)(B) that are transferred to the United States. 
114 STAT. 162 
PUBLIC LAW 106-181—APR. 5, 2000 
"(3) CONDITIONS.—The Administrator may predicate, in the 
agreement, the transfer of functions and duties under this 
subsection on any conditions the Administrator deems nec-
essary and prudent, except that the Administrator may not 
transfer responsibiUties for United States registered aircraft 
described in paragraph (4)(A) to a country that the Adminis-
trator determines is not in compliance with its obHgations 
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 oper-
ated 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; and 
"(B) aircraft registered in a foreign country and oper-
ated under an agreement for the lease, charter, or inter-
change 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. 715. PUBLIC AVAILABILITY OF AIRMEN RECORDS. 
Section 44703 is amended— 
(1) by redesignating subsections (c) through (f) as sub-
sections (d) through (g), respectively; and 
(2) by inserting after subsection (b) the following: 
"(c) PUBLIC INFORMATION.— 
"(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing any other provision of law, the information contained 
in the records of contents of any airman certificate issued 
under this section that is limited to an airman's name, address, 
and ratings held shall be made available to the public after 
the 120th day following the date of the enactment of the Wen-
dell H. Ford Aviation Investment and Reform Act for the 21st 
Century. 
"(2) 
OPPORTUNITY TO WITHHOLD 
INFORMATION.—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 avail-
able to the public. 
Deadline. 
"(3) DEVELOPMENT AND IMPLEMENTATION OF PROGRAM.— 
Notification. 
Not later than 60 days after the date of the enactment of 
the Wendell H. Ford Aviation Investment and Reform Act for 
the 21st Century, the Administrator shall develop and imple-
ment, in cooperation with representatives of the aviation 
industry, a one-time written notification to airmen to set forth 
the implications of making information concerning an airman 
available to the public under paragraph (1) and to carry out 
paragraph (2). The Administrator shall also provide such writ-
ten notification to each individual who becomes an airman 
after such date of enactment.". 
SEC. 
7
1
6
. 
REVIEW 
PROCESS 
FOR 
EMERGENCY 
ORDERS. 
Section 44709(e) is amended to read as follows: 
"(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.— 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 163 
"(1) IN GENERAL.—When a person files an appeal with 
the Board under subsection (d), the order of the Administrator 
is stayed. 
"(2) EXCEPTION.—Notwithstanding paragraph (1), the order 
of the Administrator is effective immediately if the Adminis-
trator advises the Board that an emergency exists and safety 
in air commerce or air transportation requires the order to 
be effective immediately. 
"(3) REVIEW OF EMERGENCY ORDER.—A person affected by 
the immediate effectiveness of the Administrator's order under 
paragraph (2) may petition for a review by the Board, under 
procedures promulgated by the Board, of the Administrator's 
determination that an emergency exists. Any such review shall 
be requested not later than 48 hours after the order is received 
by the person. If the Board finds that an emergency does 
not exist that requires the immediate application of the order 
in the interest of safety in air commerce or air transportation, 
the order shall be stayed, notwithstanding paragraph (2). The 
Board shall dispose of a review request under this paragraph 
not later than 5 days after the date on which the request 
is filed. 
"(4) FINAL DISPOSITION.—The Board shall make a final 
disposition of an appeal under subsection (d) not later than 
60 days after the date on which the appeal is filed.". 
SEC. 717. GOVERNMENT AND INDUSTRY CONSORTIA. 
Section 44903 is amended by adding at the end the following: 
"(f) GOVERNMENT AND INDUSTRY CONSORTIA.—The Adminis-
trator may establish at airports such consortia of government and 
aviation industry representatives as the Administrator may des-
ignate to provide advice on matters related to aviation security 
and safety. Such consortia shall not be considered Federal advisory 
committees for purposes of the Federal Advisory Committee Act 
(5 U.S.C. App.).". 
SEC. 718. PASSENGER MANIFEST. 
Section 44909(a)(2) is amended by striking "shall" and inserting 
"should". 
SEC. 719. COST RECOVERY FOR FOREIGN AVIATION SERVICES. 
Section 45301 is amended— 
(1) by striking subsection (a)(2) and inserting the following: 
"(2) Services (other than air traffic control services) pro-
vided to a foreign government or services provided to any 
entity obtaining services outside the United States, except that 
the Administrator shall not impose fees in any manner for 
production-certification related service performed outside the 
United States pertaining to aeronautical products manufac-
tured 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-certification related service' 
has the meaning given that term in appendix C of part 187 of 
title 14, Code of Federal Regulations.". 
SEC. 720. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS. 
Section 46301 is amended— 
(1) in subsection (a)(1)(A) by striking "46302, 46303, or"; 
Deadlines. 
Deadline. 
114 STAT. 164 
PUBLIC LAW 106-181—APR. 5, 2000 
49 u s e 47528 
and note. 
Deadline. 
(2) in subsection (d)(7)(A) by striking "an individual" the 
first place it appears and inserting "a person"; and 
(3) in subsection (g) by inserting "or the Administrator" 
after "Secretary". 
SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT. 
(a) REPEAL.—Section 231 of H.R. 3425 of the 106th Congress, 
as enacted into law by section 1000(a)(5) of Public Law 106-113, 
is repealed and the provisions of law amended by such section 
shall be read as if such section had not been enacted into law. 
(b) 
EXEMPTION FOR AIRCRAFT MODIFICATION OR DISPOSAL, 
SCHEDULED HEAVY MAINTENANCE, OR LEASING-RELATED FLIGHTS.— 
Section 47528 is amended— 
(1) in subsection (a) by striking "subsection (b)" and 
inserting "subsection (b) or (f)"; 
(2) in subsection (e) by adding at the end the following: 
"(4) An air carrier operating stage 2 aircraft under this sub-
section may transport stage 2 aircraft to or from the 48 contiguous 
States on a nonrevenue basis in order— 
"(A) to perform maintenance (including major alterations) 
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)."; and 
(3) by adding at the end the following: 
"(f) 
AIRCRAFT MODIFICATION, DISPOSAL, SCHEDULED HEAVY 
MAINTENANCE, OR LEASING.— 
"(1) IN GENERAL.—The Secretary shall permit a person 
to operate after December 31, 1999, a stage 2 aircraft in nonrev-
enue service through the airspace of the United States or 
to or from an airport in the contiguous 48 States in order 
to— 
"(A) sell, lease, or use the aircraft outside the contig-
uous 48 States; 
"(B) scrap the aircraft; 
"(C) obtain modifications to the aircraft to meet stage 
3 noise levels; 
"(D) perform scheduled heavy maintenance or signifi-
cant modifications on the aircraft at a maintenance facility 
located in the contiguous 48 States; 
"(E) deliver the aircraft to an operator leasing the 
aircraft from the owner or return the aircraft to the lessor; 
"(F) prepare or park or store the aircraft in anticipation 
of any of the activities described in subparagraphs (A) 
through (E); or 
"(G) divert the aircraft to an alternative airport in 
the contiguous 48 States on account of weather, mechanical, 
fuel, air traffic control, or other safety reasons while con-
ducting a flight in order to perform any of the activities 
described in subparagraphs (A) through (F). 
"(2) PROCEDURE TO BE PUBLISHED.—Not later than 30 
days after the date of the enactment of this subsection, the 
Secretary shall establish and publish a procedure to implement 
paragraph (1) through the use of categorical waivers, ferry 
permits, or other means. 
"(g) STATUTORY CONSTRUCTION.—Nothing in this section may 
be construed as interfering with, nullifying, or otherwise affecting 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 165 
determinations made by the Federal Aviation Administration, or 
to be made by the Administration with respect to appHcations 
under part 161 of title 14, Code of Federal Regulations, that were 
pending on November 1, 1999.". 
(c) NOISE STANDARDS FOR EXPERIMENTAL AIRCRAFT.— 
(1) IN GENERAL.—Section 47528(a) is amended by inserting 
"(for which an airworthiness certificate other than an experi-
mental certificate has been issued by the Administrator)" after 
"civil subsonic turbojet". 
(2) REGULATIONS.—Regulations contained in title 14, Code 
49 use 47528 
of Federal Regulations, that implement section 47528 of title note. 
49, United States Code, and related provisions shall be deemed 
to incorporate the amendment made by paragraph (1) on the 
date of the enactment of this Act. 
(d) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH STAGE 3 
NOISE LEVELS.—Section 47528(b)(1) is amended— 
(1) in the first sentence by inserting "or foreign air carrier" 
after "air carrier"; and 
(2) by inserting after "January 1, 1999," the following: 
"or, in the case of a foreign air carrier, the 15th day following 
the date of the enactment of the Wendell H. Ford Aviation 
Investment and Reform Act for the 21st Century". 
SEC. 
722. 
LAND 
USE 
COMPLIANCE 
REPORT. 
Section 47131 is amended— 
(1) by inserting "(a) GENERAL RULE.—" before "Not later"; 
(2) by striking "and" at the end of paragraph (3); 
(3) by striking the period at the end of paragraph (4) 
and inserting "; and"; and 
(4) by adding at the end the following: 
"(5) a detailed statement listing airports that the Secretary 
believes are not in compliance with grant assurances or other 
requirements with respect to airport lands and including the 
circumstances of such noncompliance, the timelines for correc-
tive action, and the corrective action the Secretary intends 
to take to bring the airport sponsor into compliance. 
"(b) SPECIAL RULE FOR LISTING NONCOMPLIANT AIRPORTS.— 
The Secretary does not have to conduct an audit or make a final 
determination before including an airport on the list referred to 
in subsection (a)(5).". 
SEC. 723. CHARTER AIRLINES. 
Section 41104 is amended— 
(1) by redesignating subsections (b) and (c) as (c) and 
(d), respectively; and 
(2) by inserting after subsection (a) the following: 
"(b) SCHEDULED OPERATIONS.— 
"(1) IN GENERAL.—An air carrier, including an indirect 
air carrier, which operates aircraft designed for more than 
nine passenger seats, may not provide regularly scheduled 
charter air transportation for which the general public is pro-
vided in advance a schedule containing the departure location, 
departure time, and arrival location of the flights to or from 
an airport that is not located in Alaska and that does not 
have an operating certificate issued under part 139 of title 
14, Code of Federal Regulations (or any subsequent similar 
regulations). 
114 STAT. 166 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadline. 
49 u s e 40101 
note. 
Deadline. 
"(2) DEFINITION.—In this paragraph, the term 'regularly 
scheduled charter air transportation' does not include oper-
ations for which the departure time, departure location, and 
arrival location are specifically negotiated with the customer 
or the customer's representative.". 
SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED. 
(a) STUDY.—The Administrator shall conduct a study of the 
appropriateness of allowing an airport that agrees to provide serv-
ices to the Federal Emergency Management Agency or to a State 
or local agency in the event of an emergency a credit of the value 
of such services against the airport's local share under the airport 
improvement program. 
(b) NOTIFICATION.—The Administrator shall notify nonhub and 
general aviation airports that the Administrator is conducting the 
study under subsection (a) and give them an opportunity to explain 
how the credit described in subsection (a) would benefit such air-
ports. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall transmit to Congress 
a report on the results of the study conducted under subsection 
(a). The report shall identify, at a minimum, the airports that 
would be affected by providing the credit described in subsection 
(a), explain what sort of emergencies could qualify for such credit, 
and explain how the costs would be quantified to determine the 
credit against the local share. 
SEC. 725. PASSENGER CABIN AIR QUALITY. 
(a) STUDY OF AIR QUALITY IN PASSENGER CABINS IN COMMER-
CIAL AIRCRAFT.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Administrator shall arrange 
for and provide necessary data to the National Academy of 
Sciences to conduct a 12-month, independent study of air 
quality in passenger cabins of aircraft used in air transportation 
and foreign air transportation, including the collection of new 
data, in coordination with the Federal Aviation Administration, 
to identify contaminants in the aircraft air and develop rec-
ommendations for means of reducing such contaminants. 
(2) ALTERNATIVE AIR SUPPLY.—The study should examine 
whether contaminants would be reduced by the replacement 
of engine and auxiliary power unit bleed air with an alternative 
supply of air for the aircraft passengers and crew. 
(3) SCOPE.—The study shall include an assessment and 
quantitative analysis of each of the following: 
(A) Contaminants of concern, as determined by the 
National Academy of Sciences. 
(B) The systems of air supply on aircraft, including 
the identification of means by which contaminants may 
enter such systems. 
(C) The toxicological and health effects of the contami-
nants of concern, their byproducts, and the products of 
their degradation. 
(D) Any contaminant used in the maintenance, oper-
ation, or treatment of aircraft, if a passenger or a member 
of the air crew may be directly exposed to the contaminant. 
(E) Actual measurements of the contaminants of con-
cern in the air of passenger cabins during actual flights 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 167 
in air transportation or foreign air transportation, along 
with comparisons of such measurements to actual measure-
ments taken in public buildings. 
(4) PROVISION OF CURRENT DATA.—The Administrator shall 
collect all data of the Federal Aviation Administration that 
is relevant to the study and make the data available to the 
National Academy of Sciences in order to complete the study, 
(b) COLLECTION OF AIRCRAFT AIR QUALITY DATA.— 
(1) IN GENERAL.—The Administrator may consider the fea-
sibility of using the flight data recording system on aircraft 
to monitor and record appropriate data related to air inflow 
quality, including measurements of the exposure of persons 
aboard the aircraft to contaminants during normal aircraft 
operation and during incidents involving air quality problems. 
(2) PASSENGER CABINS.—The Administrator may also con-
sider the feasibility of using the flight data recording system 
to monitor and record data related to the air quality in pas-
sengers cabins of aircraft. 
SEC. 726. STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO 
49 USC 47508 
REDUCE NOISE LEVELS. 
note 
(a) DEVELOPMENT OF NEW STANDARDS.—The Secretary shall 
continue to work to develop through the International Civil Aviation 
Organization new performance standards for aircraft and aircraft 
engines that will lead to a further reduction in aircraft noise levels. 
(b) GOALS TO BE CONSIDERED IN DEVELOPING NEW STAND-
ARDS.—In negotiating standards under subsection (a), the Secretary 
shall give high priority to developing standards that— 
(1) are performance based and can be achieved by use 
of a full range of certifiable noise reduction technologies; 
(2) protect the useful economic value of existing Stage 
3 aircraft in the United States fleet; 
(3) ensure that United States air carriers and aircraft 
engine and hushkit manufacturers are not competitively dis-
advantaged; 
(4) use d3niamic economic modeling capable of determining 
impacts on all aircraft in service in the United States fleet; 
£ind 
(5) continue the use of a balanced approach to address 
aircraft environmental issues, taking into account aircraft tech-
nology, land use planning, economic feasibility, and airspace 
operational improvements. 
(c) ANNUAL REPORT.—Not later than July 1, 2000, and annually Deadline, 
thereafter, the Secretary shall transmit to Congress a report 
regarding the application of new standards or technologies to reduce 
aircraft noise levels. 
SEC. 727. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEM- Deadline. 
ONSTRATION PROJECT. 
New Mexico 
Not later than 18 months after the date of the enactment 
of this Act, the Administrator shall work with the Taos Pueblo 
to study the feasibility of conducting a demonstration project to 
require all aircraft that fly over Taos Pueblo and the Blue Lake 
Wilderness Area of Taos Pueblo, New Mexico, to maintain a manda-
tory minimum altitude of at least 5,000 feet above ground level. 
In conducting the study, the Administrator shall determine whether 
itinerant general aviation aircraft should be exempt from any such 
requirement. 
114 STAT. 168 
PUBLIC LAW 106-181—APR. 5, 2000 
49 u s e 44720 
note. 
49 u s e 44103 
note. 
Deadline. 
Deadline. 
49 u s e 44701 
note. 
Effective date. 
SEC. 728. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS. 
The Administrator 
shall 
not terminate 
human 
weather 
observers for Automated Surface Observation System stations 
until— 
(1) the Administrator determines that the system provides 
consistent reporting of changing meteorological conditions and 
notifies Congress in writing of that determination; and 
(2) 60 days have passed since the report was transmitted 
to Congress. 
SEC. 729. AIRCRAFT SITUATIONAL DISPLAY DATA. 
(a) IN GENERAL.—A memorandum of agreement between the 
Administrator and any person that directly obtains aircraft situa-
tional display data from the Federal Aviation Administration shall 
require that— 
(1) the person demonstrate to the satisfaction of the 
Administrator that the person is capable of selectively blocking 
the display of any aircraft-situation-display-to-industry derived 
data related to any identified aircraft registration number; 
and 
(2) the person agree to block selectively the aircraft reg-
istration numbers of any aircraft owner or operator upon the 
Administration's request. 
(b) EXISTING MEMORANDA TO BE CONFORMED.—Not later than 
30 days after the date of the enactment of this Act, the Adminis-
trator shall conform any memoranda of agreement, in effect on 
such date of enactment, between the Federal Aviation Administra-
tion and a person under which that person obtains aircraft situa-
tional display data to incorporate the requirements of subsection 
(a). 
SEC. 730. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPOR-
TUNITY COMPLAINTS. 
(a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal year 2001, 
the Secretary may hire or contract for such additional personnel 
as may be necessary to eliminate the backlog of pending equal 
employment opportunity complaints to the Department of Transpor-
tation and to ensure that investigations of complaints are completed 
not later than 180 days after the date of initiation of the investiga-
tion. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $2,000,000 for fiscal 
year 2001. 
SEC. 731. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA. 
The Department of Airports of the City of Los Angeles may 
grant an easement to the California Department of Transportation 
to lands required to provide sufficient right-of-way to facilitate 
the construction of the California State Route 138 bypass, as pro-
posed by the California Department of Transportation, if the 
Department of Airports can document or provide analysis that 
granting the easement will benefit the Department of Airports 
or local airport development to an extent equal to the value of 
the easement being granted. 
SEC. 732. REGULATION OF ALASKA GUIDE PILOTS. 
(a) IN GENERAL.—Beginning on the date of the enactment of 
this Act, flight operations conducted by Alaska guide pilots shall 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 169 
be regulated under the general operating and flight rules contained 
in part 91 of title 14, Code of Federal Regulations. 
(b) RULEMAKING PROCEEDING.— 
(1) IN GENERAL.—The Administrator shall conduct a rule-
making proceeding and issue a final rule to modify the general 
operating and flight rules referred to in subsection (a) by estab-
lishing special rules applicable to the flight operations con-
ducted by Alaska guide pilots. 
(2) CONTENTS OF RULES.—A final rule issued by the 
Administrator under paragraph (1) shall require 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 review, as 
described in section 61.56 of title 14, Code of Federal Regu-
lations; 
(C) to have at least 500 hours of flight time as a 
pilot; 
(D) to have a commercial rating, as described in sub-
part F of part 61 of such title; 
(E) to hold at least a second-class medical certificate, 
as described in subpart C of part 67 of such title; 
(F) to hold a current letter of authorization issued 
by the Administrator; and 
(G) to take such other actions as the Administrator 
determines necessary for safety. 
(3) CONSIDERATION.—In making a determination to impose 
a requirement under paragraph (2XG), the Administrator shall 
take into account the unique conditions associated with air 
travel in the State of Alaska to ensure that such requirements 
are not unduly burdensome. 
(c) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) 
LETTER 
OF 
AUTHORIZATION.—The term "letter of 
authorization" means a letter issued by the Administrator once 
every 5 years to an Alaska guide pilot certifying that the 
pilot is in compliance 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 authorization 
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 aircraft on floats, 
wheels, or skis, providing commercial hunting, fishing, or 
other guide services and related accommodations in the 
form of camps or lodges; and 
(C) transports clients by such aircraft incidental to 
hunting, fishing, or other guide services. 
SEC. 7
3
3
. 
NATIONAL TRANSPORTATION DATA CENTER OF EXCEL-
LENCE. 
Of 
the 
amounts 
made 
available 
pursuant 
to 
section 
5117(b)(6)(B) of the Transportation Equity Act for the 21st Century 
(23 U.S.C. 502 note; 112 Stat. 450), not to exceed $1,000,000 for 
114 STAT. 170 
PUBLIC LAW 106-181—APR. 5, 2000 
each of fiscal years 2000 and 2001 may be made available by 
the Secretary to establish, at an Army depot that has been closed 
or realigned, a national transportation data center of excellence 
that will— 
(1) serve as a satellite facility for the central data repository 
that is hosted by the computer center of the Transportation 
Administrative Service; and 
(2) analyze transportation data collected by the Federal 
Government, States, cities, and the transportation industry. 
49 use 44707 
SEC. 734. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL. 
^° ^' 
(a) ESTABLISHMENT OF PANEL.—The Administrator— 
(1) shall establish an aircraft repair and maintenance 
advisory panel to review issues related to the use and oversight 
of aircraft and aviation component repair and maintenance 
facilities (in this section referred to as "aircraft repair facilities") 
located within, or outside of, the United States; and 
(2) may seek the advice of the panel on any issue related 
to methods to increase safety by improving the oversight of 
aircraft repair facilities. 
(b) MEMBERSHIP.—The panel shall consist of— 
(1) nine members appointed by the Administrator as 
follows: 
(A) three 
representatives 
of labor 
organizations 
representing aviation mechanics; 
(B) one representative of cargo air carriers; 
(C) one representative of passenger air carriers; 
(D) one representative of aircraft repair facilities; 
(E) one representative of aircraft manufacturers; 
(F) one representative of on-demand passenger air 
carriers and corporate aircraft operations; and 
(G) one representative of regional passenger air 
carriers; 
(2) one representative from the Department of Commerce, 
designated by the Secretary of Commerce; 
(3) one representative from the Department of State, 
designated by the Secretary of State; and 
(4) one representative from the Federal Aviation Adminis-
tration, 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 out-
side of, the United States; and 
(2) provide advice and counsel to the Secretary with respect 
to the aircraft and aviation component repair work performed 
by aircraft repair facilities and air carriers, staffing needs, 
and any balance of trade or safety issues associated with that 
work. 
(d) DOT To REQUEST INFORMATION FROM AIR CARRIERS AND 
REPAIR FACILITIES.— 
Regulations. 
(1) COLLECTION OF INFORMATION.—The Secretary, by regu-
lation, shall require air carriers, foreign air carriers, domestic 
repair facilities, and foreign 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, 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 171 
United States corporate operators, and foreign corporate opera-
tors. 
(2) DRUG AND ALCOHOL TESTING INFORMATION.—Included 
in the information the Secretary requires 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 
necessary, shall work with the International Civil Aviation 
Organization to increase the number and improve the adminis-
tration of employee drug and alcohol testing programs at the 
foreign repair facilities. 
(3) DESCRIPTION OF WORK DONE.—Included in the informa-
tion the Secretary requires under paragraph (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 INFORMATION ABOUT 
AIRCRAFT MAINTENANCE.—The Secretary shall facilitate the collec-
tion of information from the National Transportation Safety Board, 
the Federal Aviation Administration, and other appropriate agen-
cies regarding maintenance performed by aircraft repair facilities. 
(f) DOT To MAKE INFORMATION AVAILABLE TO PUBLIC.—The 
Secretary shall make any relevant information received under sub-
section (d) available to the public, consistent with the authority 
to withhold trade secrets or commercial, financial, and other propri-
etary information under section 552 of title 5, United States Code. 
(g) TERMINATION.—The panel established under subsection (a) 
shall terminate on the earlier of— 
(1) the date that is 2 years after the date of the enactment 
of this Act; or 
(2) December 31, 2001. 
(h) DEFINITIONS.—The definitions contained in section 40102 
of title 49, United States Code, shall apply to this section. 
SEC. 735. OPERATIONS OF AIR TAXI INDUSTRY. 
(a) STUDY.—The Administrator, in consultation with the 
National Transportation Safety Board and other interested persons, 
shall conduct a study of air taxi operators regulated under part 
135 of title 14, Code of Federal Regulations. 
(b) CONTENTS.—The study shall include an analysis of the 
size and type of the aircraft fleet, relevant aircraft equipment, 
hours flown, utilization rates, safety record by various categories 
of use and aircraft type, sales revenues, and airports served by 
the air taxi fleet. 
(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Administrator shall transmit to Congress 
a report on the results of the study. 
SEC. 736. NATIONAL AIRSPACE REDESIGN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The national airspace, comprising more than 29 million 
square miles, handles more than 55,000 flights per day. 
(2) Almost 2,000,000 passengers per day traverse the 
United States through 20 major en route centers, including 
more than 700 different sectors. 
(3) Redesign and review of the national airspace may 
produce benefits for the travelling public by increasing the 
efficiency and capacity of the air traffic control system and 
reducing delays. 
Applicability. 
49 u s e 40101 
note. 
Deadline. 
49 u s e 40103 
note. 
114 STAT. 172 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadline. 
49 u s e 47106 
note. 
Ohio. 
(4) Redesign of the national airspace should be a high 
priority for the Federal Aviation Administration and the air 
transportation industry. 
(b) REDESIGN.—The Administrator, with advice from the avia-
tion industry and other interested parties, shall conduct a com-
prehensive redesign of the national airspace system. 
(c) REPORT.—Not later than December 31, 2000, the Adminis-
trator 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 report on 
the Administrator's comprehensive national airspace redesign. The 
report shall include projected milestones for completion of the 
redesign and shall also include a date for completion. 
(d) AUTHORIZATION.—There is authorized to be appropriated 
to the Administrator to carry out this section $12,000,000 for each 
of fiscal years 2000, 2001, and 2002. 
SEC. 737. COMPLIANCE WITH REQUIREMENTS. 
Notwithstanding any other provision of law, in order to avoid 
unnecessary duplication of expense and effort, the Secretary may 
authorize the use, in whole or in part, of a completed environmental 
assessment or environmental impact study for new construction 
projects on the air operations area of an airport, if the completed 
assessment or study was for a project at the airport that is substan-
tially similar in nature to the new project, if^uiy such authorized 
use shall meet all requirements of Federal law for the completion 
of such an assessment or study. 
SEC. 
738. 
FAA 
CONSIDERATION 
OF 
CERTAIN 
STATE 
PROPOSALS. 
The Administrator is encouraged to consider any proposal with 
a regional consensus submitted by a State aviation authority 
regarding the expansion of existing airport facilities or the introduc-
tion of new airport facilities. 
SEC. 739. CINCINNATI.MUNICIPAL BLUE ASH AIRPORT. 
(a) APPROVAL OF SALE.—To maintain the efficient utilization 
of airports in the high-growth Cincinnati local airport system, and 
to ensure that the Cincinnati-Municipal Blue Ash Airport continues 
to operate to relieve congestion at Cincinnati-Northern Kentucky 
International Airport and to provide greater access to the general 
aviation community beyond the expiration of the City of Cincinnati's 
grant obligations, the Secretary may approve the sale of Cincinnati-
Municipal Blue Ash Airport from the City of Cincinnati to the 
City of Blue Ash upon a finding that the City of Blue Ash meets 
all applicable requirements for sponsorship and if the City of Blue 
Ash agrees to continue to maintain and operate Blue Ash Airport, 
as generally contemplated and described within the Blue Ash 
Master Plan Update dated November 30, 1998, for a period of 
20 years from the date existing grant assurance obligations of 
the City of Cincinnati expire. 
(b) TREATMENT OF PROCEEDS FROM SALE.—The Secretary and 
the Administrator are authorized to grant the City of Cincinnati 
an exemption from the provisions of sections 47107 and 47133 
of title 49, United States Code, grant obligations of the City of 
Cincinnati, and regulations and policies of the Federal Aviation 
Administration, to the extent necessary to allow the City of Cin-
cinnati to use the proceeds from the sale approved under subsection 
(a) for any purpose authorized by the City of Cincinnati. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 173 
SEC. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR 
10 USC 2576 
USE IN RESPONDING TO OIL SPILLS. 
note 
(a) AUTHORITY.— 
(1) 
SALE OF AIRCRAFT AND AIRCRAFT PARTS.—Notwith-
standing section 202 of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 483) and subject to sub-
sections (b) and (c), the Secretary of Defense may sell, during 
the period beginning on the date of the enactment of this 
Act and ending September 30, 2002, aircraft and aircraft parts 
referred to in paragraph (2) to a person or entity that provides 
oil spill response services (including the application of oil 
dispersants by air) pursuant to an oil spill response plan that 
has been approved by the Secretary of the Department in 
which the Coast Guard is operating. 
(2) AIRCRAFT AND AIRCRAFT PARTS THAT MAY BE SOLD.— 
The aircraft and aircraft parts that may be sold under para-
graph (1) are aircraft and aircraft parts of the Department 
of Defense that are determined by the Secretary of Defense 
to be— 
(A) excess to the needs of the Department; and 
(B) acceptable for commercial sale. 
(b) CONDITIONS OF SALE.—Aircraft and aircraft parts sold under 
subsection (a)— 
(1) shall have as their primary purpose usage for oil spill 
spotting, observation, and dispersant delivery and may not 
have any secondary purpose that would interfere with oil spill 
response efforts under an oil spill response plan; and 
(2) may not be flown outside of or removed from the United 
States except for the purpose of fulfilling an international agree-
ment to assist in oil spill dispersing efforts, for immediate 
response efforts for an oil spill outside United States waters 
that has the potential to threaten United States waters, or 
for other purposes that are jointly approved by the Secretary 
of Defense and the Secretary of Transportation. 
(c) CERTIFICATION OF PERSONS AND ENTITIES.—The Secretary 
of Defense may sell aircraft and aircraft parts to a person or 
entity under subsection (a) only if the Secretary of Transportation 
certifies to the Secretary of Defense, in writing, before the sale, 
that the person or entity is capable of meeting the terms and 
conditions of a contract to deliver oil spill dispersants by air, and 
that the overall system to be employed by that person or entity 
for the delivery and application of oil spill dispersants has been 
sufficiently tested to ensure that the person or entity is capable 
of being included in an oil spill response plan that has been 
approved by the Secretary of the Department in which the Coast 
Guard is operating. 
(d) REGULATIONS.— 
(1) ISSUANCE.—As soon as practicable after the date of 
the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Secretary of Transportation and the Administrator 
of General Services, shall prescribe regulations relating to the 
sale of aircraft and aircraft parts under this section. 
(2) CONTENTS.—The regulations shall— 
(A) ensure that the sale of the aircraft and aircraft 
parts is made at a fair market value, as determined by 
the Secretary of Defense, and, to the extent practicable, 
on a competitive basis; 
114 STAT. 174 
PUBLIC LAW 106-181—APR. 5, 2000 
(B) require a certification by the purchaser that the 
aircraft and aircraft parts will be used only in accordance 
with the conditions set forth in subsection (b); 
(C) establish appropriate means of verifying 
and 
enforcing the use of the aircraft and aircraft parts by 
the purchaser and other operators in accordance with the 
conditions set forth in subsection (b) or pursuant to sub-
section (e); and 
(D) ensure, to the maximum extent practicable, that 
the Secretary of Defense consults with the Administrator 
of General Services and with the heads of appropriate 
departments and agencies of the Federal Government 
regarding alternative requirements for such aircraft and 
aircraft parts before the sale of such aircraft and aircraft 
parts under this section. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 
of 
Defense may require such other terms and conditions in connection 
with each sale of aircraft and aircraft parts under this section 
as the Secretary considers appropriate for such sale. Such terms 
and conditions shall meet the requirements of regulations prescribed 
under subsection (d). 
Deadline. 
(f) REPORT.—Not later than March 31, 2002, the Secretary 
of Defense shall transmit to the Committees on Armed Services 
and Commerce, Science, and Transportation of the Senate and 
the Committees on National Security and Transportation and Infra-
structure of the House of Representatives a report on the Secretary's 
exercise of authority under this section. The report shall set forth— 
(1) the number and types of aircraft sold under the 
authority, and the terms and conditions under which the air-
craft were sold; 
(2) the persons or entities to which the aircraft were sold; 
and 
(3) an accounting of the current use of the aircraft sold, 
(g) STATUTORY CONSTRUCTION.— 
(1) AUTHORITY OF ADMINISTRATOR.—Nothing in this section 
may be construed as affecting the authority of the Adminis-
trator under any other provision of law. 
(2) CERTIFICATION REQUIREMENTS.—Nothing in this section 
may be construed to waive, with respect to an aircraft sold 
under the authority of this section, any requirement to obtain 
a certificate from the Administrator to operate the aircraft 
for any purpose (other than oil spill spotting, observation, and 
dispersant delivery) for which such a certificate is required, 
(h) PROCEEDS FROM SALE.—The net proceeds of any amounts 
received by the Secretary of Defense from the sale of aircraft and 
aircraft parts under this section shall be covered into the general 
fund of the Treasury as miscellaneous receipts. 
SEC. 741. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS 
SYSTEMS OUTSIDE THE UNITED STATES. 
(a) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY FOREIGN 
CRS SYSTEMS.—Section 41310 is amended by adding at the end 
the following: 
"(g) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY FOREIGN 
CRS SYSTEMS.—The Secretary of Transportation may take such 
actions as the Secretary considers are in the public interest to 
eliminate an activity of a foreign air carrier that owns or markets 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 175 
a computer reservations system, or of a computer reservations 
system firm whose principal offices are located outside the United 
States, when the Secretary, on the initiative of the Secretary or 
on complaint, decides that the activity, with respect to airline 
service— 
"(1) is an unjustifiable or unreasonable discriminatory, 
predatory, or anticompetitive practice against a computer res-
ervations system firm whose principal offices are located inside 
the United States; or 
"(2) imposes an unjustifiable or unreasonable restriction 
on access of such a computer reservations system to a foreign 
market.", 
(b) COMPLAINTS BY C R S FIRMS.—Section 41310 is amended— 
(1) in subsection (d)(1)— 
(A) by striking "air carrier" in the first sentence and 
inserting "air carrier, computer reservations system firm,"; 
(B) by striking "subsection (c)" and inserting "sub-
section (c) or (g)"; and 
(C) by striking "air carrier" in subparagraph (B) and 
inserting "air carrier or computer reservations system 
firm"; and 
(2) in subsection (e)(1) by inserting "or a computer reserva-
tions system firm is subject when providing services with 
respect to airline service" before the period at the end of the 
first sentence. 
SEC. 742. SPECIALTY METALS CONSORTIUM. 
(a) IN GENERAL.—The Administrator may work with a consor-
tium of domestic metal producers and aircraft engine manufacturers 
to improve the quality of turbine engine materials and to address 
melting technology enhancements. 
(b) REPORT.—Not later than 6 months after entering into an 
agreement with a consortium described in subsection (a), the 
Administrator shall transmit to Congress a report on the goals 
and efforts of the consortium. 
SEC. 743. ALKALI SILICA REACTIVITY DISTRESS. 
(a) IN GENERAL.—The Administrator may conduct a study on 
the impact of alkali silica reactivity distress on airport runways 
and taxiways and the use of lithium salts and other alternatives 
for mitigation and prevention of such distress. The study shall 
include a determination based on in-the-field inspections followed 
by petrographic analysis or other similar techniques. 
(b) AUTHORITY TO MAKE GRANTS.—The Administrator may 
carry out the study by making a grant to, or entering into a 
cooperative agreement with, a nonprofit organization for the conduct 
of all or a part of the study. 
(c) REPORT.—Not later than 18 months after the date of initi-
ation of the study under subsection (a), the Administrator shall 
transmit to Congress a report on the results of the study. 
SEC. 744. ROLLING STOCK EQUIPMENT. 
(a) IN GENERAL.—Section 1168 of title 11, United States Code, 
is amended to read as follows: 
"§ 1168. Rolling stock equipment 
"(a)(1) The right of a secured party with a security interest 
in or of a lessor or conditional vendor of equipment described 
49 u s e 44504 
note. 
Deadline. 
49 u s e 44505 
note. 
Deadline. 
114 STAT. 176 
PUBLIC LAW 106-181—APR. 5, 2000 
in paragraph (2) to take possession of such equipment in comphance 
with an equipment security agreement, lease, or conditional sale 
contract, and to enforce any of its other rights or remedies under 
such security agreement, lease, or conditional sale contract, to sell, 
lease, or otherwise retain or dispose of such equipment, is not 
limited or otherwise affected by any other provision of this title 
or by any power of the court, except that right to take possession 
and enforce those other rights and remedies shall be subject to 
section 362, if— 
"(A) before the date that is 60 days after the date of 
commencement of a case under this chapter, the trustee, subject 
to the court's approval, agrees to perform all obligations of 
the debtor under such security agreement, lease, or conditional 
sale contract; and 
"(B) any default, other than a default of a kind described 
in section 365(b)(2), under such security agreement, lease, or 
conditional sale contract— 
"(i) that occurs before the date of commencement of 
the case and is an event of default therewith is cured 
before the expiration of such 60-day period; 
"(ii) that occurs or becomes an event of default after 
the date of commencement of the case and before the 
expiration of such 60-day period is cured before the later 
of— 
"(I) the date that is 30 days after the date of 
the default or event of the default; or 
"(II) the expiration of such 60-day period; and 
"(iii) that occurs on or after the expiration of such 
60-day period is cured in accordance with the terms of 
such security agreement, lease, or conditional sale contract, 
if cure is permitted under that agreement, lease, or condi-
tional sale contract. 
"(2) The equipment described in this paragraph— 
"(A) is rolling stock equipment or accessories used on rolling 
stock equipment, including superstructures or racks, that is 
subject to a security interest granted by, leased to, or condi-
tionally sold to a debtor; and 
"(B) includes all records and documents relating to such 
equipment that are required, under the terms of the security 
agreement, lease, or conditional sale contract, that is to be 
surrendered or returned by the debtor in connection with the 
surrender or return of such equipment. 
Applicability. 
"(3) Paragraph (1) applies to a secured party, lessor, or condi-
tional vendor acting in its own behalf or acting as trustee or 
otherwise in behalf of another party. 
"(b) The trustee and the secured party, lessor, or conditional 
vendor whose right to take possession is protected under subsection 
(a) may agree, subject to the court's approval, to extend the 60-
day period specified in subsection (a)(1). 
"(c)(1) In any case under this chapter, the trustee shall imme-
diately surrender and return to a secured party, lessor, or condi-
tional vendor, described in subsection (a)(1), equipment described 
in subsection (a)(2), if at any time after the date of commencement 
of the case under this chapter such secured party, lessor, or condi-
tional vendor is entitled pursuant to subsection (a)(1) to take posses-
sion of such equipment and makes a written demand for such 
possession of the trustee. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 177 
"(2) At such time as the trustee is required under paragraph 
(1) to surrender and return equipment described in subsection 
(a)(2), any lease of such equipment, and any security agreement 
or conditional sale contract relating to such equipment, if such 
security agreement or conditional sale contract is an executory 
contract, shall be deemed rejected. 
"(d) With respect to equipment first placed in service on or 
prior to October 22, 1994, for purposes of this section— 
"(1) the term 'lease' includes any written agreement with 
respect to which the lessor and the debtor, as lessee, have 
expressed in the agreement or in a substantially contempora-
neous writing that the agreement is to be treated as a lease 
for Federal income tax purposes; and 
"(2) the term 'security interest' means a purchase-money 
equipment security interest. 
"(e) With respect to equipment first placed in service after 
October 22, 1994, for purposes of this section, the term 'rolling 
stock equipment' includes rolling stock equipment that is substan-
tially rebuilt and accessories used on such equipment.". 
(b) AIRCRAFT EQUIPMENT AND VESSELS.—Section 1110 of title 
11, United States Code, is amended to read as follows: 
"§ 1110. Aircraft equipment and vessels 
"(a)(1) Except as provided in paragraph (2) and subject to 
subsection (b), the right of a secured party with a security interest 
in equipment described in paragraph (3), or of a lessor or conditional 
vendor of such equipment, to take possession of such equipment 
in compliance with a security agreement, lease, or conditional sale 
contract, and to enforce any of its other rights or remedies, under 
such security agreement, lease, or conditional sale contract, to sell, 
lease, or otherwise retain or dispose of such equipment, is not 
limited or otherwise affected by any other provision of this title 
or by any power of the court. 
"(2) The right to take possession and to enforce the other 
rights and remedies described in paragraph (1) shall be subject 
to section 362 if— 
"(A) before the date that is 60 days after the date of 
the order for relief under this chapter, the trustee, subject 
to the approval of the court, agrees to perform all obligations 
of the debtor under such security agreement, lease, or condi-
tional sale contract; and 
"(B) any default, other than a default of a kind specified 
in section 365(b)(2), under such security agreement, lease, or 
conditional sale contract— 
"(i) that occurs before the date of the order is cured 
before the expiration of such 60-day period; 
"(ii) that occurs after the date of the order and before 
the expiration of such 60-day period is cured before the 
later o
f
— 
"(I) the date that is 30 days after the date of 
the default; or 
"(II) the expiration of such 60-day period; and 
"(iii) that occurs on or after the expiration of such 
60-day period is cured in compliance with the terms of 
such security agreement, lease, or conditional sale contract, 
if a cure is permitted under that agreement, lease, or 
contract. 
114 STAT. 178 
PUBLIC LAW 106-181—APR. 5, 2000 
Applicability. 
49 use 47501 
note. 
"(3) The equipment described in this paragraph— 
"(A) is— 
"(i) an aircraft, aircraft engine, propeller, appliance, 
or spare part (as defined in section 40102 of title 49) 
that is subject to a security interest granted by, leased 
to, or conditionally sold to a debtor that, at the time such 
transaction is entered into, holds an air carrier operating 
certificate issued pursuant to chapter 447 of title 49 for 
aircraft capable of carrying 10 or more individuals or 6,000 
pounds or more of cargo; or 
"(ii) a documented vessel (as defined in section 30101(1) 
of title 46) that is subject to a security interest granted 
by, leased to, or conditionally sold to a debtor that is 
a water carrier that, at the time such transaction is entered 
into, holds a certificate of public convenience and necessity 
or permit issued by the Department of Transportation; 
and 
"(B) includes all records and documents relating to such 
equipment that are required, under the terms of the security 
agreement, lease, or conditional sale contract, to be surrendered 
or returned by the debtor in connection with the surrender 
or return of such equipment. 
"(4) Paragraph (1) applies to a secured party, lessor, or condi-
tional vendor acting in its own behalf or acting as trustee or 
otherwise in behalf of another party. 
"(b) The trustee and the secured party, lessor, or conditional 
vendor whose right to take possession is protected under subsection 
(a) may agree, subject to the approval of the court, to extend 
the 60-day period specified in subsection (a)(1). 
"(c)(1) In any case under this chapter, the trustee shall imme-
diately surrender and return to a secured party, lessor, or condi-
tional vendor, described in subsection (a)(1), equipment described 
in subsection (a)(3), if at any time after the date of the order 
for relief under this chapter such secured party, lessor, or condi-
tional vendor is entitled pursuant to subsection (a)(1) to take posses-
sion of such equipment and makes a written demand for such 
possession to the trustee. 
"(2) At such time as the trustee is required under paragraph 
(1) to surrender and return equipment described in subsection 
(a)(3), any lease of such equipment, and any security agreement 
or conditional sale contract relating to such equipment, if such 
security agreement or conditional sale contract is an executory 
contract, shall be deemed rejected. 
"(d) With respect to equipment first placed in service on or 
before October 22, 1994, for purposes of this section— 
"(1) the term 'lease' includes any written agreement with 
respect to which the lessor and the debtor, as lessee, have 
expressed in the agreement or in a substantially contempora-
neous writing that the agreement is to be treated as a lease 
for Federal income tax purposes; and 
"(2) the term 'security interest' means a purchase-money 
equipment security interest.". 
SEC. 745. GENERAL ACCOUNTING OFFICE AIRPORT NOISE STUDY. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study on airport noise in the United States. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 179 
(b) CONTENTS OF STUDY.—In conducting the study, the Comp-
troller General shall examine— 
(1) the selection of noise measurement methodologies used 
by the Administrator; 
(2) the threshold of noise at which health begins to be 
affected; 
(3) the effectiveness of noise abatement programs at air-
ports located in the United States; 
(4) the impacts of aircraft noise on communities, including 
schools; 
(5) the noise assessment practices of the Federal Aviation 
Administration 
and 
whether 
such 
practices 
fairly 
and 
accurately reflect the burden of noise on communities; and 
(6) the items requested to be examined by certain Members 
of the House of Representatives in a letter relating to aircraft 
noise to the Comptroller General dated April 30, 1999. 
(c) REPORT.—Not later than 1 year after the date of the enact- Deadline. 
ment of this Act, the Comptroller General shall transmit to Con-
gress a report on the results of the study. 
SEC. 746. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, ARIZONA. 
(a) IN GENERAL.—The Administrator shall conduct a study 
on recent changes to the flight patterns of aircraft using Sky Harbor 
Airport in Phoenix, Arizona, and the effects of such changes on 
the noise contours in the Phoenix, Arizona, region. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date Deadline. 
of the enactment of this Act, the Administrator shall transmit 
to Congress a report containing the results of the study con-
ducted under subsection (a) and recommendations for measures 
to mitigate aircraft noise over populated areas in the Phoenix, 
Arizona, region. 
(2) AVAILABILITY TO THE PUBLIC.—The Administrator shall 
make the report described in paragraph (1) available to the 
public. 
SEC. 747. NONMILITARY HELICOPTER NOISE. 
(a) IN GENERAL.—The Secretary shall conduct a study— 
(1) on the effects of nonmilitary helicopter noise on individ-
uals in densely populated areas in the continental United 
States; and 
(2) to develop recommendations for the reduction of the 
effects of nonmilitary helicopter noise. 
(b) FOCUS.—In conducting the study, the Secretary shall focus 
on air traffic control procedures to address helicopter noise problems 
and shall take into account the needs of law enforcement. 
(c) CONSIDERATION OF VIEWS.—In conducting the study, the 
Secretary shall consider the views of representatives of the heli-
copter industry and organizations with an interest in reducing 
nonmilitary helicopter noise. 
(d) REPORT.—Not later than 1 year after the date of the enact- Deadline. 
ment of this Act, the Secretary shall transmit to Congress a report 
on the results of the study conducted under this section. 
SEC. 748. NEWPORT NEWS, VIRGINIA. 
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding 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 may, 
49 u s e 47501 
note. 
114 STAT. 180 
PUBLIC LAW 106-181—APR. 5, 2000 
Regulations. 
Regulations. 
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 approved airport layout plan for Newport News/ 
Williamsburg International Airport, are no longer required for air-
port purposes from any term contained in the deed of conveyance 
dated May 14, 1947, under which the United States conveyed such 
property to the Peninsula Airport Commission for airport purposes 
of the Commission. 
(b) CONDITIONS.—Any waiver granted by the Secretary 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 Commis-
sion will receive an amount that is equal to the fair lease 
value or the fair market value, as the case may be, as deter-
mined pursuant to regulations issued by the Secretary. 
(2) Peninsula Airport Commission shall use any amount 
so received only for the development, improvement, operation, 
or maintenance of Newport News/Williamsburg International 
Airport. 
SEC. 749. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, 
YAVAPAI COUNTY, ARIZONA. 
(a) IN GENERAL.—Notwithstanding the Federal Airport Act (as 
in effect on October 31, 1956) or sections 47125 and 47153 of 
title 49, United States Code, and subject to this section, the Sec-
retary of Transportation may waive any term contained in the 
deed of conveyance dated October 31, 1956, by which the United 
States conveyed lands to the County of Yavapai, Arizona, for use 
by the county for airport purposes. 
(b) LIMITATION.—No waiver may be granted under subsection 
(a) if the waiver would result in the closure of an airport. 
(c) CONDITION.—The County of Yavapai, Arizona, shall agree 
that, in leasing or conve5dng any interest in property to which 
the deed of conveyance described in subsection (a) relates, the 
county will receive an amount that is equal to the fair lease value 
or the fair market value, as the case may be, as determined pursu-
ant to regulations issued by the Secretary. 
SEC. 750. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, 
PINAL COUNTY, ARIZONA. 
(a) IN GENERAL.—Notwithstanding the Federal Airport Act (as 
in effect on June 3, 1952) or sections 47125 and 47153 of title 
49, United States Code, and subject to this section, the Secretary 
of Transportation may waive any term contained in the deed of 
conveyance dated June 3, 1952, by which the United States con-
veyed lands to the County of Pinal, Arizona, for use by the county 
for airport purposes. 
(b) LIMITATION.—No waiver may be granted under subsection 
(a) if the waiver would result in the closure of an airport. 
(c) CONDITION.—The County of Pinal, Arizona, shall agree that, 
in leasing or conveying any interest in property to which the deed 
of conveyance described in subsection (a) relates, the county will 
receive an amount that is equal to the fair lease value or the 
fair market value, as the case may be, as determined pursuant 
to regulations issued by the Secretary. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 181 
SEC. 751. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION 
OF HIGHER EDUCATION IN OKLAHOMA. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
including the Surplus Property Act of 1944 (58 Stat. 765, chapter 
479; 50 U.S.C. App. 1622 et seq.), and subject to the requirements 
of this section, the Secretary (or the appropriate Federal officer) 
may waive, without charge, any of the terms contained in any 
deed of conveyance described in subsection (b) that restrict the 
use of any land described in such a deed that, as of the date 
of the enactment of this Act, is not being used for the operation 
of an airport or for air traffic. A waiver made under the preceding 
sentence shall be deemed to be consistent with the requirements 
of section 47153 of title 49, United States Code. 
(b) DEED OF CONVEYANCE.—A deed of conveyance referred to 
in subsection (a) is a deed of conveyance issued by the United 
States before the date of the enactment of this Act for the convey-
ance of lands to a public institution of higher education in Okla-
homa. 
(c) USE OF LANDS SUBJECT TO WAIVER.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the lands subject to a waiver under subsection (a) shall 
not be subject to any term, condition, reservation, or restriction 
that would otherwise apply to that land as a result of the 
conveyance of that land by the United States to the institution 
of higher education. 
(2) USE OF REVENUES.—An institution of higher education 
that is issued a waiver under subsection (a) shall use revenues 
derived from the use, operation, or disposal of that land— 
(A) for the airport; and 
(B) to the extent that funds remain available, for 
weather-related and educational purposes that primarily 
benefit aviation. 
(d) CONDITION.—An institution of higher education that is Regulations. 
issued a waiver under subsection (a), shall agree that, in leasing 
or convejdng any interest in land to which the deed of conveyance 
described in subsection (b) relates, the institution will receive an 
amount that is equal to the fair lease value or the fair market 
value, as the case may be, as determined pursuant to regulations 
issued by the Secretary. 
(e) GRANTS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, if an institution of higher education that is subject to 
a waiver under subsection (a) received financial assistance in 
the form of a grant from the Federal Aviation Administration 
or a predecessor agency before the date of the enactment of 
this Act, then the Secretary may waive the repayment of the 
outstanding amount of any grant that the institution of higher 
education would otherwise be required to pay. 
(2) ELIGIBILITY TO RECEIVE SUBSEQUENT GRANTS.—Nothing 
in paragraph (1) shall affect the eligibility of an institution 
of higher education that is subject to that paragraph from 
receiving grants from the Secretary under chapter 471 of title 
49, United States Code, or under any other provision of law 
relating to financial assistance provided through the Federal 
Aviation Administration. 
114 STAT. 182 
PUBLIC LAW 106-181—APR. 5, 2000 
SEC. 752. FORMER AIRFIELD LANDS, GRANT PARISH, LOUISIANA. 
(a) IN GENERAL.—Subject to the requirements of this section, 
the United States may release, without monetary consideration, 
all restrictions, conditions, and limitations on the use, encumbrance, 
or conveyance of certain land located in Grant Parish, Louisiana, 
identified as Tracts B, C, and D on the map entitled "Plat of 
Restricted Properties/Former Pollock Army Airfield, Pollock, Lou-
isiana", dated August 1, 1996, to the extent such restrictions, condi-
tions, and limitations are enforceable by the United States, but 
the United States shall retain the right of access to, and use 
of, that land for national defense purposes in time of war or national 
emergency. 
(b) CONDITIONS.—Any release under subsection (a) shall be 
subject to the following conditions: 
Regulations. 
(1) In leasing or conveying any interest in the land with 
respect to which releases are granted under subsection (a), 
the party owning the property after the releases shall receive 
an amount that is equal to the fair lease value or the fair 
market value, as the case may be, as determined pursuant 
to regulations issued by the Secretary. 
(2) Any amount so received may be used only for the 
development, improvement, operation, or maintenance of the 
airport. 
SEC. 753. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT. 
(a) IN GENERAL.—Subject to subsection (b), the Secretary may 
grant a release from any term or condition in a grant agreement 
for the development or improvement of the Raleigh County Memo-
rial Airport, West Virginia, if the Secretary determines that the 
property to which the release applies— 
(1) does not exceed 400 acres; and 
(2) is not needed for airport purposes. 
(b) CONDITION.—The proceeds of the sale of any property to 
which a release under subsection (a) applies shall be used for 
airport purposes. 
Alaska. 
SEC. 754. IDITAROD AREA SCHOOL DISTRICT. 
Notwithstanding any other provision of law (including section 
47125 of title 49, United States Code), the Administrator of the 
Federal Aviation Administration, or the Administrator of General 
Services, may convey to the Iditarod Area School District without 
reimbursement all right, title, and interest in 12 acres of property 
at Lake Minchumina, Alaska, identified by the Administrator of 
the Federal Aviation Administration, including the structures 
known as housing units 100 through 105 and as utility building 
301. 
SEC. 7
5
5
. 
ALTERNATIVE POWER SOURCES FOR FLIGHT DATA 
RECORDERS 
AND 
COCKPIT 
VOICE 
RECORDERS. 
(a) STUDY.—The Administrator shall conduct a study on the 
need for an alternative power source for on-board flight data 
recorders and cockpit voice recorders. 
Deadline. 
(b) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Administrator shall transmit to Congress 
a report on the results of the study. 
(c) COORDINATION WITH NTSB.—If, before submitting the 
report, the Administrator determines, after consultation with the 
National Transportation Safety Board, that the Board is preparing 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 183 
recommendations with respect to the matter to be studied under 
this section and will issue the recommendations within a reasonable 
period of time, the Administrator shall transmit to Congress a 
report containing the Administrator's comments on the Board's 
recommendations rather than conducting a separate study under 
this section. 
SEC. 756. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION 
SYSTEM. 
The Administrator shall develop a national policy and related 
procedures concerning the Terminal Automated Radar Display and 
Information System and sequencing for visual flight rule air traffic 
control towers. 
SEC. 757. STREAMLINING SEAT AND RESTRAINT SYSTEM CERTIFI-
CATION PROCESS AND DYNAMIC TESTING REQUIRE-
MENTS. 
(a) WORKING GROUPS.—Not later than 3 months after the date 
of the enactment of this Act, the Administrator shall form a working 
group comprised of both government and industry representatives 
to make recommendations for streamlining the seat and restraint 
system certification process and the 16g dynamic testing require-
ments under part 25 of title 14, Code of Federal Regulations, 
to focus on reducing both the cost and the length of time associated 
with certification of aircraft seats and restraints. 
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Administrator shall transmit to Congress 
a report on the findings of the working group. 
SEC. 758. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR 
TRAFFIC OVER NORTHERN DELAWARE. 
(a) DEFINITION.—The term "Brandywine Intercept" means the 
point over Brandywine Hundred in northern Delaware that pilots 
use for guidance and maintenance of safe operation from other 
aircraft and over which most aircraft pass on their East Operations 
approach to Philadelphia International Airport. 
(b) FINDINGS.—Congress makes the following findings: 
(1) The Brandywine Hundred area of New Castle County, 
Delaware, serves as a major approach causeway to Philadelphia 
International Airport's East Operations runways. 
(2) The standard of altitude over the Brandywine Intercept 
is 3,000 feet, with airport scatter charts indicating that within 
a given hour of consistent weather and visibility aircraft fly 
over the Brandywine Hundred at anywhere fi'om 2,500 to 4,000 
feet. 
(3) Lower airplane altitudes result in increased ground 
noise. 
(c) SENSE OF THE SENATE.—It is the sense of the Senate that 
the Secretary should— 
(1) include northern Delaware in any study of aircraft 
noise conducted under part 150 of title 14, Code of Federal 
Regulations, required under the National Environmental Policy 
Act of 1969 for the redesign of the airspace surrounding 
Philadelphia International Airport; 
(2) study the feasibility, consistent with safety, of placing 
the approach causeway for Philadelphia International Airport's 
East Operations over the Delaware River (instead of Brandy-
wine Hundred); and 
Procedures. 
Deadlines. 
114 STAT. 184 
PUBLIC LAW 106-181—APR. 5, 2000 
(3) study the feasibility of increasing the standard altitude 
over the Brand3^wine Intercept from 3,000 feet to 4,000 feet. 
Deadline. 
SEC. 759. POST FREE FLIGHT PHASE I ACTIVITIES. 
Not later than August 1, 2000, the Administrator shall transmit 
to Congress a definitive plan for the continued implementation 
of Free Flight Phase I operational capabilities for fiscal years 2003 
through 2005. The plan shall include and address the recommenda-
tions concerning operational capabilities for fiscal years 2003 
through 2005 due to be made by the RTCA Free FHght Steering 
Committee in December 1999 that was established at the direction 
of the Federal Aviation Administration. The plan shall also include 
budget estimates for the implementation of these operational 
capabilities. 
SEC. 760. SENSE OF THE CONGRESS REGARDING PROTECTING THE 
FREQUENCY SPECTRUM USED FOR AVIATION COMMU-
NICATION. 
It is the sense of the Congress that with the World Radio 
Communication Conference scheduled to begin in May 2000 and 
the need to ensure that the frequency spectrum available for avia-
tion communication and navigation is adequate, the Federal Avia-
tion Administration, working with appropriate Federal agencies 
and departments, should— 
(1) give high priority to developing a national policy to 
protect the frequency spectrum used for the Global Positioning 
System that is critical to aviation communications and the 
safe operation of aircraft; and 
(2) expedite the appointment of the United States Ambas-
sador to the World Radio Communication Conference. 
SEC. 761. LAND EXCHANGES, FORT RICHARDSON AND ELMENDORF 
AIR FORCE BASE, ALASKA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Interior 
and the Secrtaries of the Army, Air Force, or such other military 
departments as may be necessary and appropriate may convey 
to the Alaska Railroad Corporation for purposes of track realign-
ment all right, title, and interest of the United States in and 
to approximately 227 acres of land located on Fort Richardson 
and on Elmendorf Air Force Base, Alaska, in the vicinity of, and 
in exchange for all right, title, and interest of the Alaska Railroad 
Corporation in, approximately 229 acres of railroad right-of-way 
located between railroad mileposts 117 and 129. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by surveys satisfactory to each Secretary. 
The cost of the surveys shall be borne by the Alaska Railroad 
Corporation. 
(c) ADDITIONAL TERMS AND CONDITIONS.—Each Secretary may 
require as to the real property under his jurisdiction such additional 
terms and conditions in connection with the conveyances under 
subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States. The interest conveyed by the 
Alaska Railroad Corporation to the United States under subsection 
(a) shall be the full title and interest received by the Corporation 
under the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 
et seq.). The individual parcels of real property conveyed to the 
United States under this section shall be incorporated into the 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 185 
appropriate land withdrawals for the military installation in which 
they are situated or which surround them. The interest conveyed 
to the Corporation by each Secretary under subsection (a) shall 
be subject to the same reservations and limitations under the 
Alaska Railroad Transfer Act of 1982 as are currently applicable 
to the right-of-way for which the land is being exchanged. 
(d) SAVINGS CLAUSE.—Nothing in this section affects the duties, 
responsibilities, and liability of the Federal Government under the 
Comprehensive 
Environmental 
Response, 
Compensation, 
and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) concerning any lands 
exchanged under this section. 
SEC. 762. BILATERAL RELATIONSHIP. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The current agreement between the United States and 
the United Kingdom for operating rights between the two coun-
tries, known as Bermuda II, is one of the most restrictive 
bilateral agreements the United States has with a developed 
aviation power that provides substantially greater opportunities 
and has resulted in a disproportionate market share in favor 
of United Kingdom carriers over United States carriers. 
(2) The United States has attempted in good faith to nego-
tiate a new bilateral agreement, but the United Kingdom has 
been unwilling to accept or introduce reasonable proposals for 
a new agreement. 
(3) Because of the United Kingdom's unwillingness to 
accept reasonable proposals advanced by the United States, 
the latest rounds of negotiations between the United States 
and the United Kingdom for new operating rights have failed 
to produce an agreement between the two countries. 
(4) The Secretary has the discretionary authority to revoke 
the exemption held by British carriers to operate the Concorde 
aircraft into the United States. 
(b) CONSIDERATION OF EXERCISING AUTHORITY.—The Secretary 
should immediately consider whether exercise of his authority to 
revoke the Concorde exemption would be an appropriate and effec-
tive response to the present unsatisfactory situation. 
(c) CONSIDERATION OF OTHER REMEDIES.—The Secretary should 
immediately consider whether it would be effective and appropriate 
to execute other remedies available to the United States Govern-
ment, including— 
(1) revoking all slots and slot exemptions held by British 
air carriers at all United States slot-restricted airports; 
(2) rescinding current exemptions or permits under the 
Bermuda II bilateral to prohibit flights by British carriers 
to the United States; or 
(3) renunciation of the current Bermuda II bilateral. 
TITLE VIII—NATIONAL PARKS AIR 
TOUR MANAGEMENT 
SEC. 801. SHORT TITLE. 
This title may be cited as the "National Parks Air Tour Manage-
ment Act of 2000". 
National Parks 
Air Tour 
Management Act 
of2000. 
49 u s e 40128 
note. 
114 STAT. 186 
PUBLIC LAW 106-181—APR. 5, 2000 
49 use 40128 
note. 
49 use 40128 
note. 
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 environment by mini-
mizing, mitigating, or preventing the adverse effects of aircraft 
overflights on public and tribal lands; 
(3) the National Park Service has the responsibility of 
conserving the scenery and natural and historic objects and 
wildlife in national parks and of providing for the enjoyment 
of the national parks in ways that leave the national parks 
unimpaired for future generations; 
(4) the protection of tribal lands from aircraft overflights 
is consistent with protecting the public health and welfare 
and is essential to the maintenance of the natural and cultural 
resources of Indian tribes; 
(5) the National Parks Overflights Working Group, com-
posed of general aviation, commercial air tour, environmental, 
and Native American representatives, recommended that the 
Congress enact legislation 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 (as amended by section 706(a) 
of this Act) is further amended by adding at the end the following: 
"§ 40128. Overflights of national parks 
"(a) IN GENERAL.— 
"(1) GENERAL REQUIREMENTS.—A commercial air tour oper-
ator may not conduct commercial air tour operations over a 
national park or tribal lands except— 
"(A) in accordance with this section; 
"(B) in accordance with conditions and limitations pre-
scribed for that operator by the Administrator; and 
"(C) in accordance with any applicable air tour manage-
ment plan for the park or tribal lands. 
"(2) APPLICATION FOR OPERATING AUTHORITY.— 
"(A) 
APPLICATION 
REQUIRED.—Before 
commencing 
commercial air tour operations over a national park or 
tribal lands, a commercial air tour operator shall apply 
to the Administrator for authority to conduct the operations 
over the park or tribal lands. 
"(B) 
COMPETITIVE 
BIDDING FOR LIMITED 
CAPACITY 
PARKS.—Whenever an air tour management plan limits 
the number of commercial air tour operations over a 
national park during a specified time frame, the Adminis-
trator, in cooperation with the Director, shall issue oper-
ation specifications to commercial air tour operators that 
conduct such operations. The operation specifications shall 
include such terms and conditions as the Administrator 
and the Director find necessary for management of commer-
cial air tour operations over the park. The Administrator, 
in cooperation with the Director, shall develop an open 
competitive process for evaluating proposals from persons 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 187 
interested in providing commercial air tour operations over 
the park. In making a selection from among various pro-
posals submitted, the Administrator, in cooperation with 
the Director, shall consider relevant factors, including— 
"(i) the safety record of the person submitting the 
proposal or pilots employed by the person; 
"(ii) any quiet aircraft technology proposed to be 
used by the person submitting the proposal; 
"(iii) the experience of the person submitting the 
proposal with commercial air tour operations over other 
national parks or scenic areas; 
"(iv) the financial capability of the person submit-
ting the proposal; 
"(v) any training programs for pilots provided by 
the person submitting the proposal; and 
"(vi) responsiveness of the person submitting the 
proposal to any relevant criteria developed by the 
National Park Service for the affected park. 
"(C) NUMBER OF OPERATIONS AUTHORIZED.—In deter-
mining the number of authorizations to issue to provide 
commercial air tour operations over a national park, the 
Administrator, in cooperation with the Director, shall take 
into consideration the provisions of the air tour manage-
ment plan, the number of existing commercial air tour 
operators and current level of service and equipment pro-
vided 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 Director, shall develop an air tour 
management plan in accordance with subsection (b) and 
implement such plan. 
"(E) TIME LIMIT ON RESPONSE TO ATMP APPLICATIONS.— Deadline. 
The Administrator shall make every effort to act on any 
application under this paragraph and issue a decision on 
the application not later than 24 months after it is received 
or amended. 
"(F) PRIORITY.—In acting on applications under this 
paragraph to provide commercial air tour operations over 
a national park, the Administrator shall give priority to 
an application under this paragraph in any case in which 
a new entrant commercial air tour operator is seeking 
operating authority with respect to that national park. 
"(3) EXCEPTION.—Notwithstanding paragraph (1), commer-
cial air tour operators may conduct commercial air tour oper-
ations over a national park under part 91 of the title 14, 
Code of Federal Regulations i
f
— 
"(A) such activity is permitted under part 119 of such 
title; 
"(B) the operator secures a letter of agreement from 
the Administrator and the national park superintendent 
for that national park describing the conditions under 
which the operations will be conducted; and 
"(C) the total number of operations under this excep-
tion is limited to not more than five flights in any 30-
day period over a particular park. 
114 STAT. 188 
PUBLIC LAW 106-181—APR. 5, 2000 
Deadlines. 
"(4) SPECIAL RULE FOR SAFETY REQUIREMENTS.—Notwith-
standing subsection (c), an existing commercial air tour operator 
shall apply, not later than 90 days after the date of the enact-
ment of this section, 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 or tribal lands. The Administrator shall make 
every effort to act on any such application for a new entrant 
and issue a decision on the application not later than 24 months 
after it is received or amended. 
"(b) AIR TOUR MANAGEMENT PLANS.— 
"(1) ESTABLISHMENT.— 
"(A) IN GENERAL.—The Administrator, in cooperation 
with the Director, shall establish an air tour management 
plan for any national park or tribal land for which such 
a plan is not in effect whenever a person applies for 
authority to conduct a commercial air tour operation over 
the park. The air tour management plan shall be developed 
by means of a public process in accordance with paragraph 
(4). 
"(B) OBJECTIVE.—The objective of any air tour manage-
ment plan shall be to develop acceptable and effective 
measures to mitigate or prevent the significant adverse 
impacts, if any, of commercial air tour operations upon 
the natural and cultural resources, visitor experiences, and 
tribal lands. 
"(2) ENVIRONMENTAL DETERMINATION.—In establishing an 
air tour management plan under this subsection, the Adminis-
trator and the Director shall each sign the environmental deci-
sion document required by section 102 of the National Environ-
mental PoHcy Act of 1969 (42 U.S.C. 4332) which may include 
a finding of no significant impact, an environmental assess-
ment, or an environmental impact statement and the record 
of decision for the air tour management plan. 
"(3) CONTENTS.—An air tour management plan for a 
national park— 
"(A) may prohibit commercial air tour operations in 
whole or in part; 
"(B) may establish conditions for the conduct of 
commercial air tour operations, including commercial air 
tour routes, maximum or minimum altitudes, time-of-day 
restrictions, restrictions for particular events, maximum 
number of flights per unit of time, intrusions on privacy 
on tribal lands, and mitigation of noise, visual, or other 
impacts; 
"(C) shall apply to all commercial air tour operations 
within V
2 mile outside the boundary of a national park; 
"(D) shall include incentives 
(such as 
preferred 
commercial air tour routes and altitudes, relief from caps 
and curfews) for the adoption of quiet aircraft technology 
by commercial air tour operators conducting commercial 
air tour operations at the park; 
"(E) shall provide for the initial allocation of opportuni-
ties to conduct commercial air tour operations if the plan 
includes a limitation on the number of commercial air 
tour operations for any time period; and 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 189 
"(F) shall justify and document the need for measures 
taken pursuant to subparagraphs (A) through (E) and 
include such justifications in the record of decision. 
"(4) PROCEDURE.—In establishing an air tour management 
plan for a national park or tribal lands, the Administrator 
and the Director shall— 
"(A) hold at least one public meeting with interested 
parties to develop the air tour management plan; 
"(B) publish the proposed plan in the Federal Register 
for notice and comment and make copies of the proposed 
plan available to the public; 
"(C) comply with the regulations set forth in sections 
1501.3 and 1501.5 through 1501.8 of title 40, Code of 
Federal Regulations (for purposes of complying with the 
regulations, the Federal Aviation Administration shall be 
the lead agency and the National Park Service is a cooper-
ating 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 or tribal 
lands to which the plan applies, as a cooperating agency 
under the regulations referred to in subparagraph (C). 
"(5) JUDICIAL REVIEW.—An air tour management plan 
developed under this subsection shall be subject to judicial 
review. 
"(6) AMENDMENTS.—The Administrator, in cooperation with 
the Director, may make amendments to an air tour manage-
ment plan. Any such amendments shall be published in the 
Federal Register for notice and comment. A request for amend-
ment of an air tour management plan shall be made in such 
form and manner as the Administrator may prescribe. 
"(c) INTERIM OPERATING AUTHORITY.— 
"(1) IN GENERAL.—Upon application for operating authority, 
the Administrator shall grant interim operating authority 
under this subsection to a commercial air tour operator for 
commercial air tour operations over a national park or tribal 
lands for which the operator is an existing commercial air 
tour operator. 
"(2) REQUIREMENTS AND LIMITATIONS.—Interim operating 
authority granted under this subsection— 
"(A) shall provide annual authorization only for the 
greater o
f
— 
"(i) the number of flights used by the operator 
to provide the commercial air tour operations within 
the 12-month period prior to the date of the enactment 
of this section; or 
"(ii) the average number of flights per 12-month 
period used by the operator to provide such operations 
within the 36-month period prior to such date of enact-
ment, 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 conducted during any 
time period by the commercial air tour operator above 
the number that the air tour operator was originally 
Public 
information. 
Federal Register, 
publication. 
Native 
Americans. 
Federal Register, 
publication. 
79-194 O - 00 - 8 : QL 3 Part 1 
114 STAT. 190 
PUBLIC LAW 106-181—APR. 5, 2000 
Federal Register, 
publication. 
Termination 
date. 
granted unless such an increase is agreed to by the 
Administrator and the Director; 
"(C) shall be published in the Federal Register to pro-
vide notice and opportunity for comment; 
"(D) may be revoked by the Administrator for cause; 
"(E) shall terminate 180 days after the date on which 
an air tour management plan is established for the park 
or tribal lands; 
"(F) 
shall 
promote 
protection of national 
park 
resources, visitor experiences, and tribal lands; 
"(G) shall promote safe commercial air tour operations; 
"(H) shall promote the adoption of quiet technology, 
as appropriate; and 
"(I) shall allow for modifications of the interim oper-
ating authority based on experience if the modification 
improves protection of national park resources and values 
and of tribal lands. 
"(3) NEW ENTRANT AIR TOUR OPERATORS.— 
"(A) IN GENERAL.—The Administrator, in cooperation 
with the Director, may grant interim operating authority 
under this paragraph to an air tour operator for a national 
park or tribal lands for which that operator is a new 
entrant air tour operator if the Administrator determines 
the authority is necessary to ensure competition in the 
provision of commercial air tour operations over the park 
or tribal lands. 
"(B) SAFETY LIMITATION.—The Administrator may not 
grant interim operating authority under subparagraph (A) 
if the Administrator determines that it would create a 
safety problem at the park or on the tribal lands, or the 
Director determines that it would create a noise problem 
at the park or on the tribal lands. 
"(C) ATM? LIMITATION.—The Administrator may grant 
interim operating authority under subparagraph (A) of this 
paragraph only if the air tour management plan for the 
park or tribal lands to which the application relates has 
not been developed within 24 months after the date of 
the enactment of this section. 
"(d) EXEMPTIONS.—This section shall not apply to— 
"(1) the Grand Canyon National Park; or 
"(2) tribal lands within or abutting the Grand Canyon 
National Park. 
"(e) LAKE MEAD.—This section shall not apply to any air tour 
operator while flying over or near the Lake Mead National Recre-
ation Area, solely as a transportation route, to conduct an air 
tour over the Grand Canyon National Park. 
"(f) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) COMMERCIAL AIR TOUR OPERATOR.—The term 'commer-
cial air tour operator' means any person who conducts a 
commercial air tour operation. 
"(2) EXISTING COMMERCIAL AIR TOUR OPERATOR.—The term 
'existing commercial air tour operator' means a commercial 
air tour operator that was actively engaged in the business 
of providing commercial air tour operations over a national 
park at any time during the 12-month period ending on the 
date of the enactment of this section. 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 191 
"(3) NEW ENTRANT COMMERCIAL AIR TOUR OPERATOR.—The 
term 'new entrant commercial air tour operator' means a 
commercial air tour operator that— 
"(A) applies for operating authority as a commercial 
air tour operator for a national park or tribal lands; and 
"(B) has not engaged in the business of providing 
commercial air tour operations over the national park or 
tribal lands in the 12-month period preceding the applica-
tion. 
"(4) COMMERCIAL AIR TOUR OPERATION.— 
"(A) IN GENERAL.—The term 'commercial air tour oper-
ation' means any flight, conducted for compensation or 
hire in a powered aircraft where a purpose of the flight 
is sightseeing over a national park, within V
2 mile outside 
the boundary of any national park, or over tribal lands, 
during which the aircraft flies— 
"(i) below a minimum altitude, determined by the 
Administrator in cooperation with the Director, above 
ground level (except solely for purposes of takeoff" or 
landing, or necessary for safe operation of an aircraft 
as determined 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 
"(ii) less than 1 mile laterally from any geographic 
feature within the park (unless more than V2 mile 
outside the boundary). 
"(B) FACTORS TO CONSIDER.—In making a determina-
tion of whether a flight is a commercial air tour operation 
for purposes of this section, the Administrator 
may 
consider— 
"(i) whether there was a holding out to the public 
of willingness to conduct a sightseeing flight for com-
pensation or hire; 
"(ii) 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; 
"(iii) the area of operation; 
"(iv) the frequency of flights conducted by the per-
son offering the flight; 
"(v) the route of flight; 
"(vi) the inclusion of sightseeing flights as part 
of any travel arrangement package offered by the per-
son offering the flight; 
"(vii) whether the flight would have been canceled 
based on poor visibility of the surface below the route 
of the flight; and 
"(viii) any other factors that the Administrator 
and the Director consider appropriate. 
"(5) NATIONAL PARK.—The term 'national park' means any 
unit of the National Park System. 
"(6) TRIBAL LANDS.—The term 'tribal lands' means Indian 
country (as that term is defined in section 1151 of title 18) 
that is within or abutting a national park. 
"(7) ADMINISTRATOR.—The term 'Administrator' means the 
Administrator of the Federal Aviation Administration. 
114 STAT. 192 
PUBLIC LAW 106-181—APR. 5, 2000 
Arizona. 
Nevada. 
Deadline. 
Reports. 
Regulations. 
"(8) DIRECTOR.—The term 'Director' means the Director 
of the National Park Service.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 401 
(as amended by section 706(b) of this Act) is further amended 
by adding at the end the following: 
"40128. Overflights of national parks.". 
(c) COMPLIANCE WITH OTHER REGULATIONS.—For purposes of 
section 40126 of title 49, United States Code— 
(1) regulations issued by the Secretary of Transportation 
and the Administrator under section 3 of Public Law 100-
91 (16 U.S.C. la-1 note); and 
(2) commercial air tour operations carried out in compliance 
with the requirements of those regulations, 
shall be deemed to meet the requirements of such section 40126. 
SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON. 
(a) QUIET TECHNOLOGY REQUIREMENTS.—^Within 12 months 
after the date of the enactment of this Act, the Administrator 
shall designate reasonably achievable requirements for fixed-wing 
and helicopter aircraft necessary for such aircraft to be considered 
as employing quiet aircraft technology for purposes of this section. 
If the Administrator determines that the Administrator will not 
be able to make such designation before the last day of such 
12-month period, the Administrator shall transmit to Congress 
a report on the reasons for not meeting such time period and 
the expected date of such designation. 
(b) ROUTES OR CORRIDORS.—In consultation with the Director 
and the advisory group established xmder section 805, the Adminis-
trator shall establish, by rule, routes or corridors for commercial 
air tour operations (as defined in section 40126(e)(4) of title 49, 
United States Code) by fixed-wing and helicopter aircraft that 
employ quiet aircraft technology for— 
(1) tours of the Grand Canyon originating in Clark County, 
Nevada; and 
(2) "local loop" tours originating at the Grand Canyon 
National Park Airport, in Tusayan, Arizona, 
provided that such routes or corridors can be located in areas 
that will not negatively impact the substantial restoration of natural 
quiet, tribal lands, or safety. 
(c) OPERATIONAL CAPS.—Commercial air tour operations by any 
fixed-wing or helicopter aircraft that employs quiet aircraft tech-
nology and that replaces an existing aircraft shall not be subject 
to the operational flight allocations that apply to other commercial 
air tour operations of the Grand Canyon, provided that the cumu-
lative impact of such operations does not increase noise at the 
Grand Canyon. 
(d) MODIFICATION OF EXISTING AIRCRAFT TO MEET STAND-
ARDS.—A commercial air tour operation by a fixed-wing or helicopter 
aircraft in a commercial air tour operator's fleet on the date of 
the enactment of this Act that meets the requirements designated 
under subsection (a), or is subsequently modified to meet the 
requirements designated under subsection (a), may be used for 
commercial air tour operations under the same terms and conditions 
as a replacement aircraft under subsection (c) without regard to 
whether it replaces an existing aircraft. 
(e) MANDATE TO RESTORE NATURAL QUIET.—Nothing in this 
Act shall be construed to relieve or diminish— 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 193 
(1) the statutory mandate imposed upon the Secretary of 
the Interior and the Administrator of the Federal Aviation 
Administration under Pubhc Law 100-91 (16 U.S.C. la-1 note) 
to achieve the substantial restoration of the natural quiet and 
experience at the Grand Canyon National Park; and 
(2) the obligations of the Secretary and the Administrator 
to promulgate forthwith regulations to achieve the substantial 
restoration of the natural quiet and experience at the Grand 
Canyon National Park. 
SEC. 805. ADVISORY GROUP. 
49 USC 40128 
(a) ESTABLISHMENT.—Not later than 1 year after the date of Deadline. 
the 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 o
f
— 
(i) representatives of general aviation; 
(ii) representatives of commercial air tour opera-
tors; 
(iii) representatives of environmental concerns; 
and 
(iv) representatives of Indian tribes; 
(B) a representative of the Federal Aviation Adminis-
tration; and 
(C) a representative of the National Park Service. 
(2) Ex OFFICIO MEMBERS.—The Administrator (or the des-
ignee of the Administrator) and the Director (or the designee 
of the Director) shall serve as ex officio members. 
(3) CHAIRPERSON.—The representative of the Federal Avia-
tion Administration and the representative of the National 
Park Service shall serve alternating 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 advisory group 
is first appointed. 
(c) DUTIES.—The advisory group shall provide advice, informa-
tion, 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 technology for use 
in commercial air tour operations over a national park or tribal 
lands, which will receive preferential treatment in a given 
air tour management plan; 
(3) on other measures that might be taken to accommodate 
the interests of visitors to national parks; and 
(4) at the request of the Administrator and the Director, 
safety, environmental, and other issues related to commercial 
air tour operations over a national park or tribal lands. 
(d) COMPENSATION; SUPPORT; F A C A . — 
(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 other-
wise engaged in its business, or while serving away from their 
114 STAT. 194 
PUBLIC LAW 106-181—APR. 5, 2000 
Effective date. 
49 use 40128 
note. 
DeadKnes. 
49 use 40128 
note. 
49 use 40128 
note. 
49 use 40128 
note. 
homes or regular places of business, may be allowed travel 
expenses, including per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States Code, for persons 
in the Government service employed intermittently. 
(2) 
ADMINISTRATIVE 
SUPPORT.—The 
Federal 
Aviation 
Administration and the National Park Service shall jointly 
furnish to the advisory group clerical and other assistance. 
(3) NoNAPPLiCATiON OF FACA.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) does not apply to 
the advisory group. 
SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER 
THE ROCKY MOUNTAIN NATIONAL PARK. 
Effective beginning on the date of the enactment of this Act, 
no commercial air tour operation may be conducted in the airspace 
over the Rocky Mountain National Park notwithstanding any other 
provision of this Act or section 40126 of title 49, United States 
Code. 
SEC. 807. REPORTS. 
(a) OVERFLIGHT FEE REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator 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 commercial 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 appropria-
tions. 
(b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not later than 2 
years after the date of the enactment of this Act, the Administrator 
and the Director of the National Park Service shall jointly transmit 
a report to Congress on the effectiveness of this title in providing 
incentives for the development and use of quiet aircraft technology. 
SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE. 
Any methodology adopted by a Federal agency to assess air 
tour noise in any unit of the national park system (including the 
Grand Canyon and Alaska) shall be based on reasonable scientific 
methods. 
SEC. 809. ALASKA EXEMPTION. 
The provisions of this title and section 40128 of title 49, United 
States Code, as added by section 803(a), do not apply to any land 
or waters located in Alaska. 
TITLE 
K—FEDERAL 
AVL\TION RE-
SEARCH, ENGINEERING, AND DEVEL-
OPMENT 
SEC. 901. AUTHORIZATION OF APPROPRIATIONS. 
Section 48102(a) of title 49, United States Code, is amended— 
(1) by striking "and" at the end of paragraph (4)(J); 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 195 
(2) by striking the period at the end of paragraph (5) 
and inserting a semicolon; and 
(3) by adding at the end the following: 
"(6) for fiscal year 2000, $224,000,000, including— 
"(A) $17,269,000 for system development and infra-
structure projects and activities; 
"(B) $33,042,500 for capacity and air traffic manage-
ment technology projects and activities; 
"(C) $11,265,400 for communications, navigation, and 
surveillance projects and activities; 
"(D) $19,300,000 for weather projects and activities; 
"(E) $6,358,200 for airport technology projects and 
activities; 
"(F) $44,457,000 for aircraft safety technology projects 
and activities; 
"(G) $53,218,000 
for 
system 
security 
technology 
projects and activities; 
"(H) $26,207,000 for human factors and aviation medi-
cine projects and activities; 
"(I) $3,481,000 for environment and energy projects 
and activities; and 
"(J) $2,171,000 for innovative/cooperative 
research 
projects and activities, of which $750,000 shall be for car-
rying out subsection (h); 
"(7) for fiscal year 2001, $237,000,000; and 
"(8) for fiscal year 2002, $249,000,000.". 
SEC. 902. INTEGRATED NATIONAL AVIATION RESEARCH PLAN. 
(a) IN GENERAL.—Section 44501(c) of title 49, United States 
Code, is amended— 
(1) in paragraph (2)(B)— 
(A) by striking "and" at the end of clause (iii); 
(B) by redesignating clause (iv) as clause (v) and 
inserting after clause (iii) the following: 
"(iv) identify the individual research and development 
projects in each funding category that are described in the 
annual budget request;" 
(C) by striking the period at the end of clause (v) 
(as so redesignated) and inserting "; and"; and 
(D) by adding at the end the following: 
"(vi) highlight the research and development technology 
transfer activities that promote technology sharing among 
government, industry, and academia through the Stevenson-
Wydler Technology Innovation Act of 1980."; and 
(2) in paragraph (3) by inserting "The report shall be pre-
pared in accordance with requirements of section 1116 of title 
31." after "effect for the prior fiscal year.". 
(b) REQUIREMENT.—Not later than October 1, 2000, the 
Administrator of the National Aeronautics and Space Administra-
tion and the Administrator of the Federal Aviation Administration 
shall jointly prepare and transmit to the Congress an integrated 
civil aviation research and development plan. 
(c) CONTENTS.—The plan required by subsection (b) shall 
include— 
(1) an identification of the respective research and develop-
ment requirements, roles, and responsibilities of the National 
Reports. 
Deadline. 
114 STAT. 196 
PUBLIC LAW 106-181—APR. 5, 2000 
Records. 
49 u s e 106 note. 
49 u s e 44505 
note. 
Aeronautics and Space Administration and the Federal Aviation 
Administration; 
(2) formal mechanisms for the timely sharing of information 
between the National Aeronautics and Space Administration 
and the Federal Aviation Administration; and 
(3) procedures for increased communication and coordina-
tion between the Federal Aviation Administration research 
advisory committee established under section 44508 of title 
49, United States Code, and the NASA Aeronautics and Space 
Transportation Technology Advisory Committee. 
SEC. 903. INTERNET AVAILABILITY OF INFORMATION. 
The Administrator shall make available through the Internet 
home page of the Federal Aviation Administration the abstracts 
relating to all research grants and awards made with funds author-
ized by the amendments made by this Act. Nothing in this section 
shall be construed to require or permit the release of any informa-
tion prohibited by law or regulation from being released to the 
public. 
SEC. 904. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS. 
Section 44504(b)(1) of title 49, United States Code, is amended 
by inserting ", including nonstructural aircraft systems," after "life 
of aircraft". 
SEC. 905. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS. 
The Administrator shall consider awards to nonprofit concrete 
pavement research foundations to improve the design, construction, 
rehabilitation, and repair of rigid concrete airfield pavements to 
aid in the development of safer, more cost-effective, and durable 
airfield pavements. The Administrator may use a grant or coopera-
tive agreement for this purpose. Nothing in this section shall require 
the Administrator to prioritize an airfield pavement research pro-
gram above safety, security, Flight 21, environment, or energy 
research programs. 
SEC. 906. EVALUATION OF RESEARCH FUNDING TECHNIQUES. 
(a) IN GENERAL.—The Secretary, in consultation with the 
National Academy of Sciences and representatives of airports, shall 
evaluate the applicability of the techniques used to fund and admin-
ister research under the National Highway Cooperative Research 
Program and the National Transit Research Program to the 
research needs of airports. 
(b) REPORT.—The Secretary shall transmit to Congress a report 
on the results of the evaluation conducted under this section. 
TITLE X—EXTENSION OF AIRPORT AND 
AIRWAY TRUST FUND EXPENDITURE 
AUTHORITY 
SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY. 
(a) IN GENERAL.—Paragraph (1) of section 9502(d) of the 
26 use 9502. 
Internal Revenue Code of 1986 (relating to expenditures from Air-
port and Airway Trust Fund) is amended— 
(1) by striking "October 1, 1998" and inserting "October 
1, 2003"; and 
PUBLIC LAW 106-181—APR. 5, 2000 
114 STAT. 197 
(2) by inserting before the semicolon at the end of subpara-
graph (A) the following: "or the provisions of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 
1999 providing for payments from the Airport and Airway 
Trust Fund or the Interim Federal Aviation Administration 
Authorization Act or section 6002 of the 1999 Emergency 
Supplemental Appropriations Act, Public Law 106-59, or the 
Wendell H. Ford Aviation Investment and Reform Act for the 
21st Century". 
(b) LIMITATION ON EXPENDITURE AUTHORITY.—Section 9502 of 
such Code is amended by adding at the end the following new 
subsection: 
"(f) LIMITATION ON TRANSFERS TO TRUST FUND.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
no amount may be appropriated or credited to the Airport 
and Airway Trust Fund on and after the date of any expendi-
ture from the Airport and Airway Trust Fund which is not 
permitted by this section. The determination of whether an 
expenditure is so permitted shall be made without regard to— 
"(A) any provision of law which is not contained or 
referenced in this title or in a revenue Act; and 
"(B) whether such provision of law is a subsequently 
enacted provision or directly or indirectly seeks to waive 
the application of this subsection. 
"(2) EXCEPTION FOR PRIOR OBLIGATIONS.—Paragraph (1) 
shall not apply to any expenditure to liquidate any contract 
entered into (or for any amount otherwise obligated) before 
October 1, 2003, in accordance with the provisions of this 
section.". 
Approved April 5, 2000. 
L E G I S L A T I V E HISTORY—H.R. 1000 (S. 82) (S. 1467): 
H O U S E REPORTS: Nos. 106-167 and Pt. 2 (Comm. on Transportation and Infra-
structure) and 106-513 (Comm. of Conference). 
SENATE REPORTS: No. 106-9 accompanying S. 82 (Comm. on Commerce, Science, 
and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): June 15, considered and passed House. 
Oct. 5, considered and passed Senate, amended, in lieu of 
S. 82. 
Vol. 146 (2000): Mar. 8, Senate agreed to conference report. 
Mar. 15, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Apr. 5, Presidential statement.