instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. AUTOMATIC INCREASE IN THE FEDERAL MEDICAL ASSISTANCE
PERCENTAGE DURING PERIODS OF NATIONAL ECONOMIC DOWNTURN.

(a) National Economic Downturn Assistance FMAP.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (b), in the first sentence--
(i) by striking ''and (4)'' and inserting
''(4)''; and
(ii) by inserting ''and (5) with respect to
each fiscal year quarter other than the first
quarter of a national economic downturn
assistance period described in subsection
(y)(1), the Federal medical assistance
percentage for any State described in
subsection (y)(2) shall be equal to the
national economic downturn assistance FMAP
determined for the State for the quarter under
subsection (y)(3)'' before the period; and
(B) by adding at the end the following:
''(y) National Economic Downturn Assistance FMAP.--For purposes of
clause (5) of the first sentence of subsection (b):
''(1) National economic downturn assistance period.--A
national economic downturn assistance period described in this
paragraph--
''(A) begins with the first fiscal year quarter for
which the Secretary determines that for at least 23
States, the rolling average unemployment rate for that
quarter has increased by at least 10 percent over the
corresponding quarter for the most recent preceding 12-
month period for which data are available (in this
subsection referred to as the 'trigger quarter'); and
''(B) ends with the first succeeding fiscal year
quarter for which the Secretary determines that less
than 23 States have a rolling average unemployment rate
for that quarter with an increase of at least 10
percent over the corresponding quarter for the most
recent preceding 12-month period for which data are
available.
''(2) Eligible state.--A State described in this paragraph
is a State for which the Secretary determines that the rolling
average unemployment rate for the State for any quarter
occurring during a national economic downturn assistance period
described in paragraph (1) has increased over the corresponding
quarter for the most recent preceding 12-month period for which
data are available.
''(3) Determination of national economic downturn
assistance fmap.--
''(A) In general.--The national economic downturn
assistance FMAP for a fiscal year quarter determined
with respect to a State under this paragraph is equal
to the Federal medical assistance percentage for the
State for that quarter increased by the number of
percentage points determined by--
''(i) dividing--
''(I) the Medicaid additional
unemployed increased cost amount
determined under subparagraph (B) for
the quarter; by
''(II) the State's total Medicaid
quarterly spending amount determined
under subparagraph (C) for the quarter;
and
''(ii) multiplying the quotient determined
under clause (i) by 100.
''(B) Medicaid additional unemployed increased cost
amount.--For purposes of subparagraph (A)(i)(I), the
Medicaid additional unemployed increased cost amount
determined under this subparagraph with respect to a
State and a quarter is the product of the following:
''(i) State increase in rolling average
number of unemployed individuals from the base
quarter of unemployment.--
''(I) In general.--The amount
determined by subtracting the rolling
average number of unemployed
individuals in the State for the base
unemployment quarter for the State
determined under subclause (II) from
the rolling average number of
unemployed individuals in the State for
the quarter.
''(II) Base unemployment quarter
defined.--
''(aa) In general.--For
purposes of subclause (I),
except as provided in item
(bb), the base quarter for a
State is the quarter with the
lowest rolling average number
of unemployed individuals in
the State in the 12-month
period preceding the trigger
quarter for a national economic
downturn assistance period
described in paragraph (1).
''(bb) Exception.--If the
rolling average number of
unemployed individuals in a
State for a quarter occurring
during a national economic
downturn assistance period
described in paragraph (1) is
less than the rolling average
number of unemployed
individuals in the State for
the base quarter determined
under item (aa), that quarter
shall be treated as the base
quarter for the State for such
national economic downturn
assistance period.
''(ii) National average amount of
additional federal medicaid spending per
additional unemployed individual.--In the case
of--
''(I) a calendar quarter occurring
in fiscal year 2012, $350; and
''(II) a calendar quarter occurring
in any succeeding fiscal year, the
amount applicable under this clause for
calendar quarters occurring during the
preceding fiscal year, increased by the
annual percentage increase in the
medical care component of the consumer
price index for all urban consumers
(U.S. city average), as rounded up in
an appropriate manner.
''(iii) State nondisabled, nonelderly
adults and children medicaid spending index.--
''(I) In general.--With respect to
a State, the quotient (not to exceed
1.00) of--
''(aa) the State
expenditure per person in
poverty amount determined under
subclause (II); divided by--
''(bb) the National
expenditure per person in
poverty amount determined under
subclause (III).
''(II) State expenditure per person
in poverty amount.--For purposes of
subclause (I)(aa), the State
expenditure per person in poverty
amount is the quotient of--
''(aa) the total amount of
annual expenditures by the
State for providing medical
assistance under the State plan
to nondisabled, nonelderly
adults and children; divided by
''(bb) the total number of
nonelderly adults and children
in poverty who reside in the
State, as determined under
paragraph (4)(A).
''(III) National expenditure per
person in poverty amount.--For purposes
of subclause (I)(bb), the National
expenditure per person in poverty
amount is the quotient of--
''(aa) the sum of the total
amounts determined under
subclause (II)(aa) for all
States; divided by
''(bb) the sum of the total
amounts determined under
subclause (II)(bb) for all
States.
''(C) State's total medicaid quarterly spending
amount.--For purposes of subparagraph (A)(i)(II), the
State's total Medicaid quarterly spending amount
determined under this subparagraph with respect to a
State and a quarter is the amount equal to--
''(i) the total amount of expenditures by
the State for providing medical assistance
under the State plan to all individuals
enrolled in the plan for the most recent fiscal
year for which data is available; divided by
''(ii) 4.
''(4) Data.--In making the determinations required under
this subsection, the Secretary shall use, in addition to the
most recent available data from the Bureau of Labor Statistics
Local Area Unemployment Statistics for each State referred to
in paragraph (5), the most recently available--
''(A) data from the Bureau of the Census with
respect to the number of nonelderly adults and children
who reside in a State described in paragraph (2) with
family income below the poverty line (as defined in
section 2110(c)(5)) applicable to a family of the size
involved (or, if the Secretary determines it
appropriate, a multiyear average of such data);
''(B) data reported to the Secretary by a State
described in paragraph (2) with respect to expenditures
for medical assistance under the State plan under this
title for nondisabled, nonelderly adults and children;
and
''(C) econometric studies of the responsiveness of
Medicaid enrollments and spending to changes in rolling
average unemployment rates and other factors, including
State spending on certain Medicaid populations.
''(5) Definition of 'rolling average number of unemployed
individuals', 'rolling average unemployment rate'.--In this
subsection, the term--
''(A) 'rolling average number of unemployed
individuals' means, with respect to a calendar quarter
and a State, the average of the 12 most recent months
of seasonally adjusted unemployment data for each
State;
''(B) 'rolling average unemployment rate' means,
with respect to a calendar quarter and a State, the
average of the 12 most recent monthly unemployment
rates for the State; and
''(C) 'monthly unemployment rate' means, with
respect to a State, the quotient of--
''(i) the monthly seasonally adjusted
number of unemployed individuals for the State;
divided by
''(ii) the monthly seasonally adjusted
number of the labor force for the State,
using the most recent data available from the Bureau of Labor
Statistics Local Area Unemployment Statistics for each State.
''(6) Increase in cap on payments to territories.--With
respect to any fiscal year quarter for which the national
economic downturn assistance Federal medical assistance
percentage applies to Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, or American Samoa, the amounts
otherwise determined for such commonwealth or territory under
subsections (f) and (g) of section 1108 shall be increased by
such percentage of such amounts as the Secretary determines is
equal to twice the average increase in the national economic
downturn assistance FMAP determined for all States described in
paragraph (2) for the quarter.
''(7) Scope of application.--The national economic downturn
assistance FMAP shall only apply for purposes of payments under
section 1903 for a quarter and shall not apply with respect
to--
''(A) disproportionate share hospital payments
described in section 1923;
''(B) payments under title IV or XXI; or
''(C) any payments under this title that are based
on the enhanced FMAP described in section 2105(b).
''(8) Additional requirement for certain states.--In the
case of a State described in paragraph (2) that requires
political subdivisions within the State to contribute toward
the non-Federal share of expenditures required under section
1902(a)(2), the State shall not require that such political
subdivisions pay for any fiscal year quarters occurring during
a national economic downturn assistance period a greater
percentage of the non-Federal share of such expenditures, or a
greater percentage of the non-Federal share of payments under
section 1923, than the respective percentage that would have
been required by the State under State law in effect on the
first day of the fiscal year quarter occurring immediately
prior to the trigger quarter for the period.''.
(2) Effective date; no retroactive application.--The
amendments made by paragraph (1) take effect on January 1,
2012. In no event may a State receive a payment on the basis of
the national economic downturn assistance Federal medical
assistance percentage determined for the State under section
1905(y)(3) of the Social Security Act for amounts expended by
the State prior to January 1, 2012.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall analyze the previous periods of national economic
downturn, including the most recent such period in effect as of
the date of enactment of this Act, and the past and projected
effects of temporary increases in the Federal medical
assistance percentage under the Medicaid program with respect
to such periods.
(2) Report.--Not later than April 1, 2011, the Comptroller
General of the United States shall submit a report to Congress
on the results of the analysis conducted under paragraph (1).
Such report shall include such recommendations as the
Comptroller General determines appropriate for modifying the
national economic downturn assistance FMAP established under
section 1905(y) of the Social Security Act (as added by
subsection (a)) to improve the effectiveness of the application
of such percentage in addressing the needs of States during
periods of national economic downturn, including
recommendations for--
(A) improvements to the factors that begin and end
the application of such percentage;
(B) how the determination of such percentage could
be adjusted to address State and regional economic
variations during such periods; and
(C) how the determination of such percentage could
be adjusted to be more responsive to actual Medicaid
costs incurred by States during such periods, as well
as to the effects of any other specific economic
indicators that the Comptroller General determines
appropriate.
answer:
Amends title XIX (Medicaid) of the Social Security Act to authorize an automatic increase in the federal medical assistance percentage (FMAP) for any eligible state during periods of national economic downturn.

Directs the Comptroller General to analyze and report to Congress on previous periods of national economic downturn, including the most recent one, and the past and projected effects of temporary increases in the Medicaid FMAP with respect to them.

question:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.-- This Act may be cited as the ''Tribal Government
Homeland Security Coordination and Integration Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Office of tribal government homeland security.
Sec. 5. Report to congress.
Sec. 6. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:
(1) Since the terrorist attacks of September 11, 2001, and
the subsequent introduction of weapons grade anthrax into the
United States Postal System and Congressional office buildings
in Washington, D.C., the President and the Congress have worked
closely to respond to the need to rebuild and strengthen the
nation's public health, national security, and emergency
response systems.
(2) Based on Article I, section 8 of the United States
Constitution, treaties, Federal statutes, and court decisions,
the United States has a unique historical and legal
relationship with American Indian and Alaska Native people,
which serves as the basis for the Federal Government's trust
responsibility and obligations. There are currently 558
federally-recognized Indian tribes in the United States, with
some 40 percent of Indian tribes located in the State of
Alaska. Indian tribes have principle responsibility for lands
and people within their jurisdiction.
(3) Despite the government-to-government relationship
between Indian tribes and the United States, the United States
has failed to include and consult with Indian tribes with
regard to homeland security prevention, protection, and
response activities planning. Moreover, there are no specific
provisions for the Bureau of Indian Affairs or the Indian
Health Service to participate in homeland security programs and
funding.
(4) Throughout many areas of the United States, facilities
operated, and services, activities and government functions
carried out, by Indian tribes, the Bureau of Indian Affairs and
the Indian Health Service are the only sources available to
provide emergency health services, disaster response, and law
enforcement to the tribal and non-tribal community, thus
serving the role as ''first responders'' in the event of a
terrorist attack.
(5) To provide for the public health and safety on tribal
lands and in the surrounding communities, it is imperative to
establish tribal participation in homeland security
initiatives. Indian tribes must be included in the national
strategy for homeland security and receive an appropriate share
of related funding.
(6) The treatment of Indian tribes as State governments, as
appropriate, for developing funding methodologies, planning,
consultation, coordination, and for eligibility for grant
monies will ensure Indian tribes are adequately prepared to
respond to Homeland Security threats.
(7) Indian tribes shall be treated as State, as
appropriate, for purposes of planning, consultation,
coordination, eligibility for grant monies and other purposes
to improve the United States capacity to prepare, prevent and
respond to terrorist activities.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish within the Department of Homeland Security
an office known as the Office of Tribal Government Homeland
Security.
(2) To authorize the Secretary of Homeland Security to
appoint, in consultation with Indian tribes, a Director of
Tribal Government Homeland Security.
(3) To provide for more effective management of, and
accountability for the proper discharge of, the Secretary's
trust responsibility to Indian tribes and individual American
Indians and Alaska Natives by establishing in the Department of
Homeland Security an Office of Tribal Government Homeland
Security.
(4) To integrate and coordinate the efforts of the
Department of Homeland Security and Indian tribes to prepare
for, prevent, protect against, respond to, and recover from
terrorist attacks.
(5) To provide strategic integration of the Homeland
Security activities of Indian tribes that will complement the
operational consolidation of the various directorates within
the Department.
(6) To supplement the capacity of the Indian Health Service
and the Bureau of Indian Affairs to respond to the homeland
security needs of American Indians and Alaska Natives, without
jeopardizing the nonsecurity missions of the Indian Health
Service and the Bureau of Indian Affairs.
(7) To serve as an information clearinghouse and to enhance
the integration and coordination of Indian tribes and in the
activities of the Department of Homeland Security.
(8) To establish an organizational framework within the
Department of Homeland Security through which the Federal
Government, Indian tribes, and State and local governments can
work effectively and collaboratively on public health and
safety, terrorism detection, prevention, response, and
protection of critical infrastructure.

SEC. 3. DEFINITIONS.

In this Act:
(1) Director.--The term ''Director'' means the Director of
the Office of Tribal Government Homeland Security.
(2) Indian tribe.--The term ''Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(3) Office.--The term ''Office'' means the Office of Tribal
Government Homeland Security established in section 4.
(4) Secretary.--The term ''Secretary'' means the Secretary
of Homeland Security.

SEC. 4. OFFICE OF TRIBAL GOVERNMENT HOMELAND SECURITY.

(a) In General.--
(1) Establishment.--There is hereby established within the
Department of Homeland Security an office to be known as the
''Office of Tribal Government Homeland Security''.
(2) Director.--The Office shall be headed by a Director,
appointed by the Secretary in consultation with Indian tribes,
whose title shall be the Director of Tribal Government Homeland
Security. The Director shall be equal in pay and authority of
an Assistant Secretary.
(b) Duties of Secretary; Director.--
(1) Duties of the secretary.--The Secretary shall--
(A) ensure the coordination of Federal programs
that provide assistance (including financial and
technical assistance) to eligible Indian tribes and
provide those governments with treatment as State
governments, as appropriate, for planning,
consultation, and coordination and for eligibility for
Federal grant monies and funds to improve capacity and
help prepare, prevent, and respond to terrorist
activities, and for other related purposes in and near
tribal communities;
(B) ensure Indian tribes are included in the
coordination activities of the Homeland Security
Department's Border and Transportation functions in the
same manner as State and local law enforcement
entities;
(C) ensure Indian tribes with jurisdiction over
lands adjacent to the Canadian and Mexican borders are
adequately prepared to help protect United States
borders, territorial waters, waterways, and other
transportation systems;
(D) ensure the broad spectrum of infrastructure
throughout Indian Country, including nuclear and
electrical power plants, water and sanitation
facilities, agricultural, food processing, oil, timber,
and other natural resources is adequately protected
against terrorist threats;
(E) ensure that Indian tribes are properly equipped
to prepare for, prevent, and respond to terrorist
activities in the same manner as State and local
governments;
(F) provide Indian tribes the necessary equipment
for detection, protection, and decontamination in
emergencies involving weapons of mass destruction;
(G) provide Indian tribes with emergency
preparedness training and exercise programs and further
assistance for any emergency, including natural
disasters or disease;
(H) include Indian tribes in all facets of
research, development, resource assessment, and risk
analysis in the same manner as State and local
governments; and
(I) include Indian tribes, as appropriate, in the
coordination of the Homeland Security Department's
Immigration and Nationality functions in the same
manner as State and local law enforcement entities.
(2) Duties of the director.--The Director shall--
(A) coordinate homeland security activities among
Indian tribes and related Federal agencies, including
integration and coordination of the efforts of the
Department of Homeland Security and Indian tribes to
prepare for, prevent, protect against, respond to, and
recover from terrorist attacks;
(B) provide strategic integration to complement the
operational consolidation of the various directorates
within the Department of Homeland Security, with
respect to Indian tribes;
(C) ensure that Indian tribes are included in the
gathering and analysis of terrorist threats and other
information in the same manner as Federal, State, and
local law enforcement entities;
(D) serve as the Secretary's key point of contact
for Indian tribes in need of assistance and information
homeland security grants for purposes of planning,
consultation, coordination, eligibility for grant
monies and other purposes to improve the United States
capacity to prepare, prevent and respond to terrorist
activities and to work with Indian tribes and executive
agencies in promoting homeland security;
(E) serve as the coordinating center intended to
facilitate communication between and integration with
Indian tribes and other Federal departments that have
homeland security responsibilities, including but not
limited to health surveillance, emergency preparation
and response, border security, critical infrastructure
protection, technology, and communication;
(F) establish a network through which the Federal
Government, Indian tribes, and State and local
governments work collaboratively on public health and
safety, terrorism detection, prevention, response, and
protection of critical infrastructure targets; and
(G) establish a mechanism for the distribution of
warnings and information to tribal communities.
(c) Treatment of Indian Tribes as States.--
(1) In general.--The Secretary shall--
(A) treat Indian tribes as States, as appropriate,
for the purpose of homeland security consultation,
planning, coordination, bioterrorism preparedness,
prevention, and response, emergency preparedness and
response, border and transportation security, and for
other purposes related to protecting the homeland;
(B) include Indian tribes in funding methodologies
for purposes of allocating any financial resources; and
(C) support and facilitate the capacity necessary
for the Indian Health Service and Bureau of Indian
Affairs to respond to the homeland security needs of
American Indians and Alaska Natives, without
jeopardizing their non-security missions.
(2) Discretionary authority.--The Secretary may delegate to
such Indian tribes primary responsibility for homeland security
activities within its respective jurisdiction.
(d) Information Sharing.--The Secretary shall provide assistance to
enhance information technology capabilities of Indian tribes and
ensure--
(1) the active participation of Indian tribes in the
coordination with Federal, State, and local governments and the
private sector as related to Homeland Security activities; and
(2) provide Indian tribes access to the same type of
information being exchanged between Federal, State, and local
authorities for the purpose of providing government personnel,
agencies, and authorities, with appropriate intelligence
information, including warnings, regarding threats posed by
terrorism in a timely and secure manner.
(e) Federal Grants.--
(1) General eligibility.--Indian tribes shall be eligible
to apply for, receive, direct, and supervise any homeland
security-related Federal grant programs.
(2) Authority to award grants.--The Secretary may award
grants to Indian tribes for the following purposes:
(A) Planning, consultation, and coordination to
improve infrastructure, to prevent terrorist
activities.
(B) Training and education of employees responsible
for public health, safety and emergency response
activities.
(C) Addressing communication gaps and
infrastructure needs related to homeland security.
(D) Increasing the capacity of Indian tribes to
help prepare, prevent, and respond to terrorist
activities and other public health and safety
emergencies.
(E) Development of a comprehensive plan to help
prepare, prevent, and respond to terrorist activities
and other public health and safety emergencies.
(F) Implementation of plans to help prepare,
prevent, and respond to terrorist activities and other
public health and safety emergencies.
(G) The preparation of reports assessing the
emergency preparedness of Indian tribes, including an
assessment of Indian tribes' coordination with the
Department.
(H) Such other purposes related to the purposes of
this Act the Secretary considers appropriate.
(f) Technical Assistance.--The Secretary shall--
(1) directly or by contract, provide Indian tribes with
technical assistance in developing, implementing and managing
emergency response plans.
(2) Ensure that legal, financial, and other expertise of
the Department of Homeland Security is made fully available in
an advisory capacity to Indian tribes to assist in the
development, implementation, and management of emergency
response plans.
(3) Provide Department of Homeland Security programs
designed to provide legal, accounting, financial, or technical
assistance to eligible Indian tribes.
(4) Facilitate cooperation with the heads of appropriate
Federal agencies working on Homeland Security initiatives.
(5) Any other activity that the Secretary, in consultation
with the Director, considers appropriate to carry out this
section.
(g) Assessment.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit an assessment report
detailing the baseline readiness of Indian tribes to the Committee on
Indian Affairs of the Senate and the Committee on Resources of the
House of Representatives. In addition to an assessment of baseline
readiness, the report shall contain any legislative recommendations
necessary to improve coordination and integration of Indian tribes in
the National Homeland Security Strategy.
(h) Reporting.--The Secretary shall determine the effectiveness of
the Office through the preparation of reports assessing the emergency
preparedness of Indian tribes, including an assessment of Indian
tribes' coordination with the Department of Homeland Security.
(i) Prohibition.--The Secretary may not provide assistance under
this section for any activity related to the operation of a gaming
activity on Indian lands pursuant to the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.).

SEC. 5. REPORT TO CONGRESS.

(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary, in
consultation with the Director, shall prepare and submit to the
Committee on Indian Affairs of the Senate and the Committee on
Resources of the House of Representatives a report on the operation of
the Office.
(b) Contents of Report.--Each report prepared under subsection (a)
shall include--
(1) for the period covered by the report, a summary of the
activities conducted by the Secretary, in carrying out
subsections (b) through (h) of section 4; and
(2) any recommendations for legislation that the Secretary,
in consultation with the Director, determines to be necessary
to carry out such sections.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums are necessary to
carry out this Act, to remain available until expended.
answer:
Tribal Government Homeland Security Coordination and Integration Act - Establishes the Office of Tribal Government Homeland Security (Office) within the Department of Homeland Security. Requires the Secretary of Homeland Security to appoint a Director to head the Office.

Prescribes the Secretary's and the Director's duties of coordination, infrastructure and equipment readiness, training, and inclusion of Indian tribes in homeland security preparedness.

Requires the Secretary to treat Indian tribes as states, as appropriate for the purpose of homeland security. Authorizes the Secretary to delegate to Indian tribes primary responsibility for homeland security activities within their respective jurisdictions. Requires the Secretary to integrate the roles of the Bureau of Indian Affairs and Indian Health Services with regard to homeland security.

Requires the Secretary to provide assistance to enhance information technology capabilities of tribes and ensure the participation of Indian tribes in the coordination with federal, state, and local governments and the private sector as related to Homeland Security activities.

Declares Indian tribes to be eligible to apply for, receive, direct, and supervise any homeland security-related federal grant program.

Authorizes the Secretary to award grants to Indian tribes for specified homeland security purposes.

Requires the Secretary to provide Indian tribes with: (1) technical assistance in developing, implementing, and managing emergency response plans; (2) Department of Homeland Security expertise and programs; (3) the cooperation of the heads of appropriate Federal agencies; and (4) any other activity the Secretary considers appropriate to provide homeland security technical assistance to Indian tribes.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Airline Competition and Lower Fares
Act''.

SEC. 2. WITHDRAWAL OF SLOTS.

(a) Written Determination.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall issue a separate written
determination with respect to each high-density airport as to whether
the demand among air carriers for slots at the airport can be met with
the slots at the airport that are available to the Secretary.
(b) Initial Withdrawal of Slots.--If the Secretary determines under
subsection (a) that the demand among air carriers for slots at a high-
density airport cannot be met with the slots at the airport that are
available to the Secretary, the Secretary shall withdraw slots at that
airport from dominant air carriers at the airport for redistribution
pursuant to this Act. Such withdrawals shall be made in accordance with
section 41714 of title 49, United States Code, and other applicable
laws and regulations.
(c) Subsequent Withdrawals.--
(1) Written determination.--Not later than 2 years after
the date of the auction under section 3(a), and every 2 years
thereafter, the Secretary shall issue a written determination
as to whether the redistribution of additional slots under this
Act would significantly increase competition between air
carriers.
(2) Requirement to withdraw slots.--If the Secretary
determines under paragraph (1) that the redistribution of
additional slots would significantly increase competition, the
Secretary shall withdraw slots, in accordance with this
section, in a manner which will ensure such an increase. Such
withdrawals shall be made in accordance with section 41714 of
title 49, United States Code, and other applicable laws and
regulations.
(d) Limitation on Slot Withdrawals.--
(1) Initial auction.--The Secretary may not withdraw for
redistribution under this Act more than 10 percent of the total
number of slots held at a high-density airport by a dominant
air carrier for auction pursuant to section 3(a).
(2) Subsequent auctions.--The Secretary may not withdraw
for redistribution under this Act more than 5 percent of the
total number of slots held at a high-density airport by a
dominant air carrier for auction pursuant to section 3(b).
(3) Calculation of percentage.--In calculating under this
subsection the total number of slots held at a high-density
airport by a dominant air carrier, the Secretary shall not take
into account slots used by the carrier for direct flights
between the high-density airport and low-competition airports.
(e) Prohibition on Certain Slot Withdrawals.--The Secretary may not
withdraw for redistribution under this Act a slot of a dominant air
carrier at a high-density airport if--
(1) the Secretary determines that the slot has been used by
the carrier for direct flights between the airport and a low-
competition airport throughout at least 24 of the preceding 30
calendar months; or
(2) the slot is used for international flights.

SEC. 3. AUCTIONS.

(a) In General.--After a withdrawal of slots at a high-density
airport pursuant to section 2, the Secretary shall auction such slots
to new entrant air carriers and limited incumbent air carriers at the
airport and shall award each slot, pursuant to this section, to the
highest bidder for the slot.
(b) Limitation on Use of Slots.--The Secretary, in a manner which
to the extent practicable represents the times and characteristics of
all slots available for auction pursuant to this subsection, shall
ensure that--
(1) 40 percent of the slots redistributed under this Act at
each high-density airport other than John F. Kennedy
International Airport; and
(2) 10 percent of the slots redistributed under this Act at
John F. Kennedy International Airport,
are distributed for use for flights between the airport and low-
competition airports.
(c) Eligible Bidders.--A person may bid for or hold a slot at a
high-density airport offered at an auction conducted under this section
only if that person--
(1) is a new entrant air carrier or limited incumbent air
carrier at the airport;
(2) is a citizen of the United States, or in the case of a
partnership or corporation, organized under the laws of the
United States or a State;
(3) has appropriate safety certification from the Federal
Aviation Administration;
(4) has appropriate economic certification from the
Department of Transportation;
(5) has not declined any slot at the airport for which the
new entrant air carrier or limited incumbent air carrier was
eligible before January 1, 1986;
(6) is qualified, as determined by the Secretary, to use a
purchased slot; and
(7) is not substantially owned or otherwise controlled, as
determined by the Secretary, by a person who fails to meet any
of the requirements established by paragraphs (1) through (6).
(d) Limitation on Transfer of Slots.--A slot obtained by a new
entrant air carrier or limited incumbent air carrier at a high-density
airport through an auction conducted under this section may only be
sold, leased, traded, or transferred to any other new entrant air
carrier or limited incumbent air carrier at the airport that meets the
requirements of subsection (c).
(e) Changes in Ownership.--If there is a change in the ownership of
a new entrant air carrier or limited incumbent air carrier that obtains
a slot through an auction conducted under this section, the slot shall
revert to the Secretary; except that the Secretary may allow the new
entrant air carrier or limited incumbent air carrier to retain the slot
if the Secretary determines that such action is in the best interest of
promoting competition.
(f) Limitation on Statutory Construction.--Nothing in this section
or section 2, including the use of competitive bidding, may be
construed--
(1) to alter slots allocation criteria and procedures
established by section 41714 of title 49, United States Code,
or any other provision of law;
(2) to diminish the authority of the Secretary under any
other provision of law to regulate or withdraw slots; or
(3) to convey any rights, including any expectation of
renewal of a slot assignment, that differ from the rights that
apply to other slots at the same airport that were not issued
pursuant to this section.
(g) Revenues.--The Secretary may use funds received from auctions
held pursuant to this section to provide reimbursement to any dominant
air carrier from which a slot has been withdrawn under this Act for
investments made by the carrier in the withdrawn slot and airport
improvements at the airport where the carrier held the withdrawn slot.
Any funds remaining after providing such reimbursements shall be
credited to the general fund of the Treasury as miscellaneous receipts.

SEC. 4. SLOTS NOT ASSETS.

(a) In General.--A slot obtained under this Act or any other
provision of law shall not be considered an asset for any purpose,
including for collateral, for any agreement which would require
forfeiture of the slot, or in any bankruptcy proceeding.
(b) Applicability.--This section shall not apply to any agreement
or any renewal provision of any agreement in effect on the date of the
enactment of this Act.

SEC. 5. UNFAIR COMPETITION.

(a) Determinations Regarding Actions Filed.--
(1) Actions filed on or before december 31, 1998.--Not
later than 6 months after the date of the enactment of this
Act, the Secretary shall complete action on all complaints
alleging predatory practices by air carriers that were filed
with the Secretary on or before December 31, 1998.
(2) Actions filed after december 31, 1998, and before the
date of the enactment of this act.--Not later than 9 months
after the date of the enactment of this Act, the Secretary
shall complete action on all complaints alleging predatory
practices by air carriers that were filed with the Secretary
after December 31, 1998, but before the date of the enactment
of this Act.
(3) Actions filed on or after the date of the enactment of
this act.--The Secretary shall make an initial finding
regarding any complaint alleging a predatory practice by an air
carrier that is filed with the Secretary after the date of the
enactment of this Act, not later than 30 days after such
complaint is filed.
(b) Restraining Order.--Not later than 15 days after date of an
initial finding under subsection (a)(3), and after notice and
opportunity for a hearing, the Secretary shall enjoin, pending final
determination, any action that is found to be a predatory practice.
(c) Report to Congress.--Not later than 6 months after the date of
the enactment of this Act, and every 6 months thereafter, the Secretary
shall transmit a report to Congress describing complaints received by
the Secretary which allege predatory practices by air carriers and any
action taken by the Secretary on those complaints.
(d) Guidelines.--Not later than 6 months after the date of the
enactment of this Act, the Secretary, in consultation with the Attorney
General of the United States, shall issue guidelines defining predatory
practices and unfair competition practices under this section and under
title 49, United States Code.

SEC. 6. ACCESS TO FACILITIES.

The Secretary shall ensure that all airport facilities are
available to new entrant air carriers at fees that are comparable to
the average fees paid by incumbent air carriers.

SEC. 7. EVALUATION OF RULE.

The Secretary shall initiate a rulemaking proceeding to determine
whether the application of the 80-percent rule contained in section
93.227(a) of title 49, Code of Federal Regulations, promotes, hinders,
or has no effect on airline competition.

SEC. 8. LIMITS ON COMPETITION IN AVIATION INDUSTRY.

Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary shall transmit to Congress a
report on barriers to entry, predatory pricing, and other limits on
competition in the aviation industry.

SEC. 9. CLARIFICATION OF LEGAL STANDING.

Section 41713(b) of title 49, United States Code, is amended by
adding at the end the following new paragraph:
''(5) Protection of certain causes of action.--This subsection
shall not bar any cause of action brought against an air carrier by 1
or more private parties seeking to enforce any right under the common
law of any State or under any State statute, other than a statute
purporting to directly prescribe fares, routes, or levels of air
transportation service.''.

SEC. 10. DEFINITIONS.

For the purposes of this Act, the following definitions apply:
(1) Air carrier.--The term ''air carrier'' has the meaning
given the term in section 40102 of title 49, United States
Code.
(2) Dominant air carrier.--The term ''dominant air
carrier'' means a person that holds 10 percent or more of the
slots at a high-density airport.
(3) High-density airport.--.The term ''high-density
airport'' means each of the following airports:
(A) LaGuardia Airport.
(B) O'Hare International Airport.
(C) John F. Kennedy International Airport.
(D) Ronald Reagan Washington National Airport.
(4) Limited incumbent air carrier.--The term ''limited
incumbent air carrier'' means a person that holds or operates
fewer than 12 slots at a high-density airport, not including
international slots, essential air service program slots, or
slots between the hours of 2200 and 0659 at Ronald Reagan
Washington National Airport or LaGuardia Airport.
(5) Low-competition airport.--The term ''low-competition
airport'' means an airport that the Secretary determines--
(A) is not a large hub; and
(B) has substantially less service than average or
substantially higher than average airfares.
(6) New entrant air carrier.--The term ''new entrant air
carrier'' means a person that does not hold a slot at a high-
density airport and has not sold or given up a slot at that
airport after December 16, 1985.
(7) Person.--The term ''person'' includes a commuter
operator or air carrier.
(8) Secretary.--The term ''Secretary'' means the Secretary
of Transportation.
(9) Slot.--The term ''slot'' means the operational
authority to conduct one landing or takeoff operation each day
during a specific hour or 30 minute period at a high-density
airport.
answer:
Airline Competition and Lower Fares Act - Directs the Secretary of Transportation to determine whether the demand among air carriers for slots at a high density airport can be met with the slots available to the Secretary. Requires the Secretary, if the demand among dominant air carriers for slots at such an airport cannot be met with the slots available, to withdraw from such carriers up to ten percent of such slots at such airport for redistribution to new entrants and limited incumbents through auction on a competitive bidding basis, as long as the redistribution of the additional slots significantly increases competition between air carriers. Prohibits withdrawal of any slots used for international flights or for direct flights between a high density airport and a low-competition airport.
(Sec. 4) Prohibits slots obtained under this Act from being considered an asset (including for collateral) for any agreement which would require its forfeiture, or in any bankruptcy proceeding.
(Sec. 5) Directs the Secretary to complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1998, and after such date, but before the enactment of this Act. Directs the Secretary, after notice and opportunity for a hearing, to enjoin any action that is found to be a predatory practice. Directs the Secretary to report biannually to the Congress about such complaints.
(Sec. 7) Directs the Secretary to initiate a rulemaking to determine whether the application of the 80-percent rule with respect to the allocation of airport slots promotes, hinders, or has no effect on airline competition.
(Sec. 8) Directs the Secretary to report annually to the Congress on barriers to entry, predatory pricing, and other limits on competition in the aviation industry.
(Sec. 9) Amends Federal aviation law prohibiting State regulation of air prices, routes, and services to declare that such law shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.