[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1000 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                       October 5, 1999.
      Resolved, That the bill from the House of Representatives (H.R. 
1000) entitled ``An Act to amend title 49, United States Code, to 
reauthorize programs of the Federal Aviation Administration, and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

    (a) Short Title.--This Act may be cited as the ``Air Transportation 
Improvement Act''.
    (b) Table of Sections.--The table of sections for this Act is as 
follows:

Sec. 1. Short title; table of sections.
Sec. 2. Amendments to title 49, United States Code.

                        TITLE I--AUTHORIZATIONS

Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Airport planning and development and noise compatibility 
                            planning and programs.
Sec. 104. Reprogramming notification requirement.
Sec. 105. Airport security program.
Sec. 106. Automated surface observation system stations.

            TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

Sec. 201. Removal of the cap on discretionary fund.
Sec. 202. Innovative use of airport grant funds.
Sec. 203. Matching share.
Sec. 204. Increase in apportionment for noise compatibility planning 
                            and programs.
Sec. 205. Technical amendments.
Sec. 206. Report on efforts to implement capacity enhancements.
Sec. 207. Prioritization of discretionary projects.
Sec. 208. Public notice before grant assurance requirement waived.
Sec. 209. Definition of public aircraft.
Sec. 210. Terminal development costs.
Sec. 211. Airfield pavement conditions.
Sec. 212. Discretionary grants.
Sec. 213. Contract tower cost-sharing.

                 TITLE III--AMENDMENTS TO AVIATION LAW

Sec. 301. Severable services contracts for periods crossing fiscal 
                            years.
Sec. 302. Stage 3 noise level compliance for certain aircraft.
Sec. 303. Government and industry consortia.
Sec. 304. Implementation of Article 83 Bis of the Chicago Convention.
Sec. 305. Foreign aviation services authority.
Sec. 306. Flexibility to perform criminal history record checks; 
                            technical amendments to Pilot Records 
                            Improvement Act.
Sec. 307. Extension of Aviation Insurance Program.
Sec. 308. Technical corrections to civil penalty provisions.
Sec. 309. Criminal penalty for pilots operating in air transportation 
                            without an airman's certificate.
Sec. 310. Nondiscriminatory interline interconnection requirements.
Sec. 311. Review process for emergency orders under section 44709.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Oversight of FAA response to year 2000 problem.
Sec. 402. Cargo collision avoidance systems deadline.
Sec. 403. Runway safety areas; precision approach path indicators.
Sec. 404. Airplane emergency locators.
Sec. 405. Counterfeit aircraft parts.
Sec. 406. FAA may fine unruly passengers.
Sec. 407. Higher standards for handicapped access.
Sec. 408. Conveyances of United States Government land.
Sec. 409. Flight operations quality assurance rules.
Sec. 410. Wide area augmentation system.
Sec. 411. Regulation of Alaska guide pilots.
Sec. 412. Alaska rural aviation improvement.
Sec. 413. Human factors program.
Sec. 414. Independent validation of FAA costs and allocations.
Sec. 415. Application of Federal Procurement Policy Act.
Sec. 416. Report on modernization of oceanic ATC system.
Sec. 417. Report on air transportation oversight system.
Sec. 418. Recycling of EIS.
Sec. 419. Protection of employees providing air safety information.
Sec. 420. Improvements to air navigation facilities.
Sec. 421. Denial of airport access to certain air carriers.
Sec. 422. Tourism.
Sec. 423. Sense of the Senate on property taxes on public-use airports.
Sec. 424. Federal Aviation Administration Personnel Management System.
Sec. 425. Authority to sell aircraft and aircraft parts for use in 
                            responding to oil spills.
Sec. 426. Aircraft and aviation component repair and maintenance 
                            advisory panel.
Sec. 427. Aircraft situational display data.
Sec. 428. Allocation of Trust Fund funding.
Sec. 429. Taos Pueblo and Blue Lakes Wilderness Area demonstration 
                            project.
Sec. 430. Airline marketing disclosure.
Sec. 431. Compensation under the Death on the High Seas Act.
Sec. 432. FAA study of breathing hoods.
Sec. 433. FAA study of alternative power sources for flight data 
                            recorders and cockpit voice recorders.
Sec. 434. Passenger facility fee letters of intent.
Sec. 435. Elimination of HAZMAT enforcement backlog.
Sec. 436. FAA evaluation of long-term capital leasing.
Sec. 437. Prohibitions against smoking on scheduled flights.
Sec. 438. Designating current and former military airports.
Sec. 439. Rolling stock equipment.
Sec. 440. Monroe Regional Airport land conveyance.
Sec. 441. Cinncinati-Municipal Blue Ash Airport.
Sec. 442. Report on Specialty Metals Consortium.
Sec. 443. Pavement condition.
Sec. 444. Inherently low-emission airport vehicle pilot program.
Sec. 445. Conveyance of airport property to an institution of higher 
                            education in Oklahoma.
Sec. 446. Automated Surface Observation System/Automated Weather 
                            Observing System Upgrade.
Sec. 447. Terminal Automated Radar Display and Information System.
Sec. 448. Cost/benefit analysis for retrofit of 16G seats.
Sec. 449. Raleigh County, West Virginia, Memorial Airport.
Sec. 450. Airport safety needs.
Sec. 451. Flight training of international students.
Sec. 452. Grant Parish, Louisiana.
Sec. 453. Designation of general aviation airport.
Sec. 454. Airline Deregulation Study Commission.
Sec. 455. Nondiscrimination in the use of private airports.
Sec. 456. Curfew.
Sec. 457. Federal Aviation Administration Year 2000 Technology Safety 
                            Enforcement Act of 1999.
Sec. 458. Expressing the sense of the Senate concerning air traffic 
                            over northern Delaware.
Sec. 459. Study of outdoor air, ventilation, and recirculation air 
                            requirements for passenger cabins in 
                            commercial aircraft.
Sec. 460. General Aviation Metropolitan Access and Reliever Airport 
                            Grant Fund.
Sec. 461. Study on airport noise.
Sec. 462. Sense of the Senate concerning EAS.
Sec. 463. Airline quality service reports.
Sec. 464. Prevention of frauds involving aircraft or space vehicle 
                            parts in interstate or foreign commerce.
Sec. 465. Preservation of essential air service at dominated hub 
                            airports.
Sec. 466. Availability of funds for Georgia's regional airport 
                            enhancement program.

                TITLE V--AVIATION COMPETITION PROMOTION

Sec. 501. Purpose.
Sec. 502. Establishment of small community aviation development 
                            program.
Sec. 503. Community-carrier air service program.
Sec. 504. Authorization of appropriations.
Sec. 505. Marketing practices.
Sec. 506. Changes in, and phase-out of, slot rules.
Sec. 507. Consumer notification of e-ticket expiration dates.
Sec. 508. Regional air service incentive options.
Sec. 509. Requirement to enhance competitiveness of slot exemptions for 
                            regional jet air service and new entrant 
                            air carriers at certain high density 
                            traffic airports.

                  TITLE VI--NATIONAL PARKS OVERFLIGHTS

Sec. 601. Findings.
Sec. 602. Air tour management plans for national parks.
Sec. 603. Advisory group.
Sec. 604. Overflight fee report.
Sec. 605. Prohibition of commercial air tours over the Rocky Mountain 
                            National Park.

               TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

Sec. 701. Restatement of 49 U.S.C. 106(g).
Sec. 702. Restatement of 49 U.S.C. 44909.

         TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 801. Transfer of functions, powers, and duties.
Sec. 802. Transfer of office, personnel, and funds.
Sec. 803. Amendment of title 49, United States Code.
Sec. 804. Savings provision.
Sec. 805. National ocean survey.
Sec. 806. Sale and distribution of nautical and aeronautical products 
                            by NOAA.

  TITLE IX--MANAGEMENT REFORMS OF THE FEDERAL AVIATION ADMINISTRATION

Sec. 901. Short title.
Sec. 902. Amendments to title 49, United States Code.
Sec. 903. Definitions.
Sec. 904. Findings.
Sec. 905. Air traffic control system defined.
Sec. 906. Chief Operating Officer for air traffic services.
Sec. 907. Federal Aviation Management Advisory Council.
Sec. 908. Compensation of the Administrator.
Sec. 909. National airspace redesign.
Sec. 910. FAA costs and allocations system management.
Sec. 911. Air traffic modernization pilot program.

        TITLE X--METROPOLITAN AIRPORTS AUTHORITY IMPROVEMENT ACT

Sec. 1001. Short title.
Sec. 1002. Removal of limitation.

                       TITLE XI--NOISE ABATEMENT

Sec. 1101. Good neighbors policy.
Sec. 1102. GAO review of aircraft engine noise assessment.
Sec. 1103. GAO review of FAA community noise assessment.

            TITLE XII--STUDY TO ENSURE CONSUMER INFORMATION

Sec. 1201. Short title.
Sec. 1202. National Commission to Ensure Consumer Information and 
                            Choice in the Airline Industry.

  TITLE XIII--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

Sec. 1301. Authorization of appropriations.
Sec. 1302. Integrated national aviation research plan.
Sec. 1303. Internet availability of information.
Sec. 1304. Research on nonstructural aircraft systems.
Sec. 1305. Post Free Flight Phase I activities.
Sec. 1306. Research program to improve airfield pavements.
Sec. 1307. Sense of Senate regarding protecting the frequency spectrum 
                            used for aviation communication.
Sec. 1308. Study.

             TITLE XIV--AIRLINE CUSTOMER SERVICE COMMITMENT

Sec. 1401. Airline customer service reports.
Sec. 1402. Increased financial responsibility for lost baggage.
Sec. 1403. Increased penalty for violation of aviation consumer 
                            protection laws.
Sec. 1404. Comptroller General investigation.
Sec. 1405. Funding of enforcement of airline consumer protections.

               TITLE XV--PENALTIES FOR UNRULY PASSENGERS

Sec. 1501. Penalties for unruly passengers.
Sec. 1502. Deputizing of strike State and local law enforcement 
                            officers.
Sec. 1503. Study and report on aircraft noise.

                     TITLE XVI--AIRLINE COMMISSION

Sec. 1601. Short title.
Sec. 1602. National Commission to Ensure Consumer Information and 
                            Choice in the Airline Industry.

                 TITLE XVII--TRANSPORTATION OF ANIMALS

Sec. 1701. Short title; table of contents.
Sec. 1702. Findings.

                       Subtitle A--Animal Welfare

Sec. 1711. Definition of transport.
Sec. 1712. Information on incidence of animals in air transport.
Sec. 1713. Reports by carriers on incidents involving animals during 
                            air transport.
Sec. 1714. Annual reports.

                       Subtitle B--Transportation

Sec. 1721. Policies and procedures for transporting animals.
Sec. 1722. Civil penalties and compensation for loss, injury, or death 
                            of animals during air transport.
Sec. 1723. Cargo hold improvements to protect animal health and safety.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

                        TITLE I--AUTHORIZATIONS

SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

    (a) In General.--Section 106(k) is amended to read as follows:
    ``(k) Authorization of Appropriations for Operations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for operations of the 
        Administration $5,632,000,000 for fiscal year 1999, 
        $5,784,000,000 for fiscal year 2000, $6,073,000,000 for fiscal 
        year 2001, and $6,377,000,000 for fiscal year 2002. Of the 
        amounts authorized to be appropriated for fiscal year 2000, not 
        more than $9,100,000 shall be used to support air safety 
        efforts through payment of United States membership 
        obligations, to be paid as soon as practicable.
            ``(2) Authorized expenditures.--Of the amounts appropriated 
        under paragraph (1) $450,000 may be used for wildlife hazard 
        mitigation measures and management of the wildlife strike 
        database of the Federal Aviation Administration.
            ``(3) University consortium.--There are authorized to be 
        appropriated not more than $9,100,000 for the 3 fiscal year 
        period beginning with fiscal year 2000 to support a university 
        consortium established to provide an air safety and security 
        management certificate program, working cooperatively with the 
        Federal Aviation Administration and United States air carriers. 
        Funds authorized under this paragraph--
                    ``(A) may not be used for the construction of a 
                building or other facility; and
                    ``(B) shall be awarded on the basis of open 
                competition.''.
    (b) Coordination.--The authority granted the Secretary under 
section 41720 of title 49, United States Code, does not affect the 
Secretary's authority under any other provision of law.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    (a) In General.--Section 48101(a) is amended by striking paragraphs 
(1) and (2) and inserting the following:
            ``(1) $2,131,000,000 for fiscal year 1999.
            ``(2) $2,689,000,000 for fiscal year 2000.
            ``(3) $2,799,000,000 for fiscal year 2001.
            ``(4) $2,914,000,000 for fiscal year 2002.''.
    (b) Continuation of ILS Inventory Program.--Section 44502(a)(4)(B) 
is amended--
            (1) by striking ``fiscal years 1995 and 1996'' and 
        inserting ``fiscal years 1999 through 2002''; and
            (2) by striking ``acquisition,'' and inserting 
        ``acquisition under new or existing contracts,''.
    (c) Life-Cycle Cost Estimates.--The Administrator of the Federal 
Aviation Administration shall establish life-cycle cost estimates for 
any air traffic control modernization project the total life-cycle 
costs of which equal or exceed $50,000,000.

SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY 
              PLANNING AND PROGRAMS.

    (a) Extension and Authorization.--Section 48103 is amended by 
striking ``1999.'' and inserting ``1999, $4,885,000,000 for fiscal 
years ending before October 1, 2000, $7,295,000,000 for fiscal years 
ending before October 1, 2001, and $9,705,000,000 for fiscal years 
ending before October 1, 2002.''.
    (b) Project Grant Authority.--Section 47104(c) is amended by 
striking ``September 30, 1999,'' and inserting ``September 30, 2002,''.

SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.

    Before reprogramming any amounts appropriated under section 106(k), 
48101(a), or 48103 of title 49, United States Code, for which 
notification of the Committees on Appropriations of the Senate and the 
House of Representatives is required, the Secretary of Transportation 
shall submit a written explanation of the proposed reprogramming to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives.

SEC. 105. AIRPORT SECURITY PROGRAM.

    (a) In General.--Chapter 471 (as amended by section 202(a) of this 
Act) is amended by adding at the end thereof the following new section:
``Sec. 47136. Airport security program
    ``(a) General Authority.--To improve security at public airports in 
the United States, the Secretary of Transportation shall carry out not 
less than 1 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 
        systems 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 is 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 airport and 
aircraft related security systems.
    ``(f) Authorization of Appropriations.--Of the amounts made 
available to the Secretary under section 47115 in a fiscal year, the 
Secretary shall make available not less than $5,000,000 for the purpose 
of carrying out this section.''.
    (b) Conforming Amendment.--The chapter analysis for such chapter 
(as amended by section 202(b) of this Act) is amended by inserting 
after the item relating to section 47135 the following:

``47136. Airport security program.''.

SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

    The Administrator of the Federal Aviation Administration shall not 
terminate human weather observers for Automated Surface Observation 
System stations until--
            (1) the Secretary of Transportation determines that the 
        System provides consistent reporting of changing meteorological 
        conditions and notifies the Congress in writing of that 
        determination; and
            (2) 60 days have passed since the report was submitted to 
        the Congress.

            TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

SEC. 201. REMOVAL OF THE CAP ON DISCRETIONARY FUND.

    Section 47115(g) is amended by striking paragraph (4).

SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

    (a) Codification and Improvement of 1996 Program.--Subchapter I of 
chapter 471 is amended by adding at the end thereof the following:
``Sec. 47135. Innovative financing techniques
    ``(a) In General.--The Secretary of Transportation is authorized to 
carry out a demonstration program under which the Secretary may approve 
applications under this subchapter for not more than 20 projects for 
which grants received under the subchapter may be used to implement 
innovative financing techniques.
    ``(b) Purpose.--The purpose of the demonstration program shall be 
to provide information on the use of innovative financing techniques 
for airport development projects.
    ``(c) Limitation.--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 Government.
    ``(d) Innovative Financing Technique Defined.--In this section, the 
term `innovative financing technique' includes methods of financing 
projects that the Secretary determines may be beneficial to airport 
development, including--
            ``(1) payment of interest;
            ``(2) commercial bond insurance and other credit 
        enhancement associated with airport bonds for eligible airport 
        development; and
            ``(3) flexible non-Federal matching requirements.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 471 is 
amended by inserting after the item relating to section 47134 the 
following:

``47135. Innovative financing techniques.''.

SEC. 203. MATCHING SHARE.

    Section 47109(a)(2) is amended by inserting ``not more than'' 
before ``90 percent''.

SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COMPATIBILITY PLANNING 
              AND PROGRAMS.

    Section 47117(e)(1)(A) is amended by striking ``31'' each time it 
appears and inserting ``35''.

SEC. 205. TECHNICAL AMENDMENTS.

    (a) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
            ``(3) An amount apportioned under paragraph (2) of this 
        subsection for airports in Alaska, Hawaii, or Puerto Rico may 
        be made available by the Secretary for any public airport in 
        those respective jurisdictions.''.
    (b) Supplemental Apportionment for Alaska.--Section 47114(e) is 
amended--
            (1) by striking ``Alternative'' in the subsection caption 
        and inserting ``Supplemental'';
            (2) in paragraph (1) by--
                    (A) striking ``Instead of apportioning amounts for 
                airports in Alaska under'' and inserting 
                ``Notwithstanding''; and
                    (B) striking ``those airports'' and inserting 
                ``airports in Alaska''; and
            (3) striking paragraph (3) and inserting the following:
            ``(3) An amount apportioned under this subsection may be 
        used for any public airport in Alaska.''.
    (c) Repeal of Apportionment Limitation on Commercial Service 
Airports in Alaska.--Section 47117 is amended by striking subsection 
(f) and redesignating subsections (g) and (h) as subsections (f) and 
(g), respectively.
    (d) Continuation of Project Funding.--Section 47108 is amended by 
adding at the end thereof the following:
    ``(e) Change in Airport Status.--If the status of a primary airport 
changes to a nonprimary airport at a time when a development project 
under a multiyear agreement under subsection (a) is not yet completed, 
the project shall remain eligible for funding from discretionary funds 
under section 47115 of this title at the funding level and under the 
terms provided by the agreement, subject to the availability of 
funds.''.
    (e) Grant Eligibility for Private Reliever Airports.--Section 
47102(17)(B) is amended--
            (1) by striking ``or'' at the end of clause (i) and 
        redesignating clause (ii) as clause (iii); and
            (2) by inserting after clause (i) the following:
                            ``(ii) a privately-owned airport that, as a 
                        reliever airport, received Federal aid for 
                        airport development prior to October 9, 1996, 
                        but only if the Administrator issues revised 
                        administrative guidance after July 1, 1998, for 
                        the designation of reliever airports; or''.
    (f) Passenger Facility Fee Waiver for Certain Class of Carriers.--
Section 40117(e)(2) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (B);
            (2) by striking ``payment.'' in subparagraph (C) and 
        inserting ``payment;''; and
            (3) by adding at the end thereof the following:
                    ``(D) on flights, including flight segments, 
                between 2 or more points in Hawaii.''.
    (g) Passenger Facility Fee Waiver for Certain Class of Carriers or 
for Service to Airports in Isolated Communities.--Section 40117(i) is 
amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking ``transportation.'' in paragraph (2)(D) and 
        inserting ``transportation; and''; and
            (3) by adding at the end thereof the following:
            ``(3) may permit a public agency to request that collection 
        of a passenger facility fee be waived for--
                    ``(A) passengers enplaned by any class of air 
                carrier or foreign air carrier if the number of 
                passengers enplaned by the 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 highway or vehicular way to 
                        the land-connected National Highway System 
                        within a State.''.
    (h) Use of the Word ``gift'' and Priority for Airports in Surplus 
Property Disposal.--
            (1) Section 47151 is amended--
                    (A) by striking ``give'' in subsection (a) and 
                inserting ``convey to'';
                    (B) by striking ``gift'' in subsection (a)(2) and 
                inserting ``conveyance'';
                    (C) by striking ``giving'' in subsection (b) and 
                inserting ``conveying'';
                    (D) by striking ``gift'' in subsection (b) and 
                inserting ``conveyance''; and
                    (E) by adding at the end thereof the following:
    ``(d) Priority for Public Airports.--Except for requests from 
another Federal agency, a department, agency, or instrumentality of the 
Executive Branch of the United States Government shall give priority to 
a request by a public agency (as defined in section 47102 of this 
title) for surplus property described in subsection (a) of this section 
for use at a public airport.''.
            (2) Section 47152 is amended--
                    (A) by striking ``gifts'' in the section caption 
                and inserting ``conveyances''; and
                    (B) by striking ``gift'' in the first sentence and 
                inserting ``conveyance''.
            (3) The chapter analysis for chapter 471 is amended by 
        striking the item relating to section 47152 and inserting the 
        following:

``47152. Terms of conveyances.''.
            (4) Section 47153(a) is amended--
                    (A) by striking ``gift'' in paragraph (1) and 
                inserting ``conveyance'';
                    (B) by striking ``given'' in paragraph (1)(A) and 
                inserting ``conveyed''; and
                    (C) by striking ``gift'' in paragraph (1)(B) and 
                inserting ``conveyance''.
    (i) Minimum Apportionment.--Section 47114(c)(1)(B) is amended by 
adding at the end thereof the following: ``For fiscal years beginning 
after fiscal year 1999, the preceding sentence shall be applied by 
substituting `$650,000' for `$500,000'.''.
    (j) Apportionment for Cargo Only Airports.--
            (1) Section 47114(c)(2)(A) is amended by striking ``2.5 
        percent'' and inserting ``3 percent''.
            (2) Section 47114(c)(2) is further amended by striking 
        subparagraph (C) and redesignating subparagraph (D) as 
        subparagraph (C).
    (k) Temporary Air Service Interruptions.--Section 47114(c)(1) is 
amended by adding at the end thereof the following:
                    ``(C) The Secretary may, notwithstanding 
                subparagraph (A), apportion to an airport sponsor in a 
                fiscal year an amount equal to the amount apportioned 
                to that sponsor in the previous fiscal year if the 
                Secretary finds that--
                            ``(i) passenger boardings at the airport 
                        fell below 10,000 in the calendar year used to 
                        calculate the apportionment;
                            ``(ii) the airport had at least 10,000 
                        passenger boardings in the calendar year prior 
                        to the calendar year used to calculate 
                        apportionments to airport sponsors 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.''.
    (l) Flexibility in Pavement Design Standards.--Section 47114(d) is 
amended by adding at the end thereof the following:
            ``(4) The Secretary may permit the use of State highway 
        specifications for airfield pavement construction using funds 
        made available under this subsection 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--
                    ``(A) safety will not be negatively affected; and
                    ``(B) the life of the pavement will not be shorter 
                than it would be if constructed using Administration 
                standards.
        An airport may not seek funds under this subchapter for runway 
        rehabilitation or reconstruction of any such airfield pavement 
        constructed using State highway specifications for a period of 
        10 years after construction is completed.''.
    (m) Eligibility of Runway Incursion Prevention Devices.--
            (1) Policy.--Section 47101(a)(11) is amended by inserting 
        ``(including integrated in-pavement lighting systems for 
        runways and taxiways and other runway and taxiway incursion 
        prevention devices)'' after ``activities''.
            (2) Maximum use of safety facilities.--Section 47101(f) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (9); and
                    (B) by striking ``area.'' in paragraph (10) and 
                inserting ``area; and''; and
                    (C) by adding at the end the following:
            ``(11) runway and taxiway incursion prevention devices, 
        including integrated in-pavement lighting systems for runways 
        and taxiways.''.
            (3) Airport development defined.--Section 47102(3)(B)(ii) 
        is amended by inserting ``and including integrated in-pavement 
        lighting systems for runways and taxiways and other runway and 
        taxiway incursion prevention devices'' before the semicolon at 
        the end.
    (n) 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 aircraft.--
        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 
        designated by subparagraph (A) of this paragraph) with 
        paragraph (2) (as added by subparagraph (B) of this paragraph).

SEC. 206. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCEMENTS.

    Within 9 months after the date of enactment of this Act, the 
Secretary of Transportation shall report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives on 
efforts by the Federal Aviation Administration to implement capacity 
enhancements and improvements, both technical and procedural, such as 
precision runway monitoring systems, and the time frame for 
implementation of such enhancements and improvements.

SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS.

    Section 47120 is amended--
            (1) by inserting ``(a) In General.--'' before ``In''; and
            (2) by adding at the end thereof 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. 208. PUBLIC NOTICE BEFORE GRANT ASSURANCE REQUIREMENT WAIVED.

    (a) In General.--Notwithstanding any other provision of law to the 
contrary, the Secretary of Transportation may not waive any assurance 
required under section 47107 of title 49, United States Code, that 
requires property to be used for aeronautical purposes unless the 
Secretary provides notice to the public not less than 30 days before 
issuing any such waiver. Nothing in this section shall be construed to 
authorize the Secretary to issue a waiver of any assurance required 
under that section.
    (b) Effective Date.--This section applies to any request filed on 
or after the date of enactment of this Act.

SEC. 209. DEFINITION OF PUBLIC AIRCRAFT.

    Section 40102(a)(37)(B)(ii) is amended--
            (1) by striking ``or'' at the end of subclause (I);
            (2) by striking the ``States.'' in subclause (II) and 
        inserting ``States; or''; and
            (3) by adding at the end thereof the following:
                                    ``(III) transporting persons aboard 
                                the aircraft if the aircraft is 
                                operated for the purpose of prisoner 
                                transport.''.

SEC. 210. TERMINAL DEVELOPMENT COSTS.

    Section 40117 is amended by adding at the end thereof the 
following:
    ``(j) Shell of Terminal Building.--In order to enable additional 
air service by an air carrier with less than 50 percent of the 
scheduled passenger traffic at an airport, the Secretary may consider 
the shell of a terminal building (including heating, ventilation, and 
air conditioning) and aircraft fueling facilities adjacent to an 
airport terminal building to be an eligible airport-related project 
under subsection (a)(3)(E).''.

SEC. 211. AIRFIELD PAVEMENT CONDITIONS.

    (a) Evaluation of Options.--The Administrator of the Federal 
Aviation Administration shall evaluate options for improving the 
quality of information available to the 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.--The Administrator shall transmit a report, 
containing an evaluation of such options, to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure not later than 12 months 
after the date of enactment of this Act.

SEC. 212. DISCRETIONARY GRANTS.

    Notwithstanding any limitation on the amount of funds that may be 
expended for grants for noise abatement, if any funds made available 
under section 48103 of title 49, United States Code, remain available 
at the end of the fiscal year for which those funds were made 
available, and are not allocated under section 47115 of that title, or 
under any other provision relating to the awarding of discretionary 
grants from unobligated funds made available under section 48103 of 
that title, the Secretary of Transportation may use those funds to make 
discretionary grants for noise abatement activities.

SEC. 213. CONTRACT TOWER COST-SHARING.

    Section 47124(b) is amended by adding at the end the following:
            ``(3) Contract air traffic control tower pilot program.--
                    ``(A) In general.--The Secretary shall establish a 
                pilot program to contract for air traffic control 
                services at Level I air traffic control towers, as 
                defined by the Administrator of the Federal Aviation 
                Administration, that do not qualify for the Contract 
                Tower Program established under subsection (a) and 
                continued under paragraph (1) (hereafter in this 
                paragraph referred to as the `Contract Tower Program').
                    ``(B) Program components.--In carrying out the 
                pilot program established under subparagraph (A), the 
                Administrator shall--
                            ``(i) utilize for purposes of cost-benefit 
                        analyses, current, actual, site-specific data, 
                        forecast estimates, or airport master plan data 
                        provided by a facility owner or operator and 
                        verified by the Administrator;
                            ``(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 one-to-one benefit-to-cost 
                        ratio, as required for eligibility under the 
                        Contract Tower Program; and
                            ``(iii) approve for participation no more 
                        than 2 facilities willing to fund up to 50 
                        percent, but not less than 25 percent, of 
                        construction costs for an air traffic control 
                        tower built by the airport operator and for 
                        each of such facilities the Federal share of 
                        construction cost does not exceed $1,100,000.
                    ``(C) Priority.--In selecting facilities to 
                participate in the program under this paragraph, the 
                Administrator shall give priority to the following:
                            ``(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 Administrator has 
                        determined that the benefit-to-cost ratio for 
                        their continuation in such program is less than 
                        1.0.
                            ``(ii) Air traffic control towers that the 
                        Administrator determines have a benefit-to-cost 
                        ratio of at least .50.
                            ``(iii) Air traffic control towers of the 
                        Federal Aviation Administration that are closed 
                        as a result of the air traffic controllers 
                        strike in 1981.
                            ``(iv) Air traffic control towers located 
                        at airports that are prepared to assume partial 
                        responsibility for maintenance costs.
                            ``(v) Air traffic control towers that are 
                        located at airports with safety or operational 
                        problems related to topography, weather, runway 
                        configuration, or mix of aircraft.
                    ``(D) Costs exceeding benefits.--If the costs of 
                operating an air traffic control tower under the pilot 
                program established under this paragraph exceed the 
                benefits, the airport sponsor or State or local 
                government having jurisdiction over the airport shall 
                pay the portion of the costs that exceed such benefits.
                    ``(E) Authorization of appropriations.--There are 
                authorized to be appropriation $6,000,000 per fiscal 
                year to carry out this paragraph.''.

                 TITLE III--AMENDMENTS TO AVIATION LAW

SEC. 301. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING FISCAL 
              YEARS.

    (a) Chapter 401 is amended by adding at the end thereof the 
following:
``Sec. 40125. 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 severable 
services for a period that begins in one 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 one 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) of this section.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 401 is 
amended by adding at the end thereof the following:

``40125. Severable services contracts for periods crossing fiscal 
                            years.''.

SEC. 302. STAGE 3 NOISE LEVEL COMPLIANCE FOR CERTAIN AIRCRAFT.

    (a) Exemption for Aircraft Modification or Disposal, Scheduled 
Heavy Maintenance, or Leasing-Related Flights.--Section 47528 is 
amended--
            (1) by striking ``subsection (b)'' in subsection (a) and 
        inserting ``subsection (b) or (f)'';
            (2) by adding at the end of subsection (e) the following:
            ``(4) An air carrier operating Stage 2 aircraft under this 
        subsection may transport Stage 2 aircraft to or from the 48 
        contiguous States on a non-revenue 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) adding at the end thereof 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 
        nonrevenue 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 
                contiguous 48 States;
                    ``(B) scrap the aircraft;
                    ``(C) obtain modifications to the aircraft to meet 
                Stage 3 noise levels;
                    ``(D) perform scheduled heavy maintenance or 
                significant 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 conducting a flight in order to perform 
                any of the activities described in subparagraphs (A) 
                through (F).
            ``(2) Procedure To Be Published.--The Secretary shall 
        establish and publish, not later than 30 days after the date of 
        enactment of the Air Transportation Improvement Act a procedure 
        to implement paragraph (1) of this subsection through the use 
        of categorical waivers, ferry permits, or other means.''.
    (b) Noise Standards for Experimental Aircraft.--
            (1) In general.--Section 47528(a) is amended by inserting 
        ``(for which an airworthiness certificate other than an 
        experimental certificate has been issued by the 
        Administrator)'' after ``civil subsonic turbojet''.
            (2) FAR modified.--The Federal Aviation Regulations, 
        contained in Part 14 of the Code of Federal Regulations, that 
        implement section 47528 and related provisions shall be deemed 
        to incorporate this change on the effective date of this Act.

SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA.

    Section 44903 is amended by adding at the end thereof the 
following:
    ``(f) Government and Industry Consortia.--The Administrator may 
establish at airports such consortia of government and aviation 
industry representatives as the Administrator may designate 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. 304. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.

    Section 44701 is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Bilateral Exchanges of Safety Oversight Responsibilities.--
            ``(1) Notwithstanding the provisions of this chapter, and 
        pursuant to Article 83 Bis of the Convention on International 
        Civil Aviation, the Administrator may, by a bilateral agreement 
        with the aeronautical authorities of another country, exchange 
        with that country all or part of their respective functions and 
        duties with respect to aircraft described in subparagraphs (A) 
        and (B), under the following articles of the Convention:
                    ``(A) Article 12 (Rules of the Air).
                    ``(B) Article 31 (Certificates of Airworthiness).
                    ``(C) Article 32a (Licenses of Personnel).
            ``(2) The agreement under paragraph (1) may apply to--
                    ``(A) aircraft registered in the United States 
                operated pursuant to an agreement for the lease, 
                charter, or interchange of the aircraft or any similar 
                arrangement by an operator that has its principal place 
                of business, or, if it has no such place of business, 
                its permanent residence, in another country; or
                    ``(B) aircraft registered in a foreign country 
                operated under an agreement for the lease, charter, or 
                interchange of the aircraft or any similar arrangement 
                by an operator that has its principal place of 
                business, or, if it has no such place of business, its 
                permanent residence, in the United States.
            ``(3) The Administrator relinquishes responsibility with 
        respect to the functions and duties transferred by the 
        Administrator as specified in the bilateral agreement, under 
        the Articles listed in paragraph (1) of this subsection for 
        United States-registered aircraft transferred abroad as 
        described in subparagraph (A) of that paragraph, and accepts 
        responsibility with respect to the functions and duties under 
        those Articles for aircraft registered abroad that are 
        transferred to the United States as described in subparagraph 
        (B) of that paragraph.
            ``(4) The Administrator may, in the agreement under 
        paragraph (1), predicate the transfer of these functions and 
        duties on any conditions the Administrator deems necessary and 
        prudent.''.

SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY.

    Section 45301(a)(2) is amended to read as follows:
            ``(2) Services provided to a foreign government or to any 
        entity obtaining services outside the United States other 
        than--
                    ``(A) air traffic control services; and
                    ``(B) fees for production-certification-related 
                service pertaining to aeronautical products 
                manufactured outside the United States.''.

SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD CHECKS; 
              TECHNICAL AMENDMENTS TO PILOT RECORDS IMPROVEMENT ACT.

    Section 44936 is amended--
            (1) by striking ``subparagraph (C))'' in subsection 
        (a)(1)(B) and inserting ``subparagraph (C), or in the case of 
        passenger, baggage, or property screening at airports, the 
        Administrator decides it is necessary to ensure air 
        transportation security)'';
            (2) by striking ``individual'' in subsection (f)(1)(B)(ii) 
        and inserting ``individual's performance as a pilot''; and
            (3) by inserting ``or from a foreign government or entity 
        that employed the individual,'' in subsection (f)(14)(B) after 
        ``exists,''.

SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM.

    Section 44310 is amended by striking ``August 6, 1999.'' and 
inserting ``December 31, 2003.''.

SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

    Section 46301 is amended--
            (1) by striking ``46302, 46303, or'' in subsection 
        (a)(1)(A);
            (2) by striking ``an individual'' the first time it appears 
        in subsection (d)(7)(A) and inserting ``a person''; and
            (3) by inserting ``or the Administrator'' in subsection (g) 
        after ``Secretary''.

SEC. 309. 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:
``Sec. 46317. Criminal penalty for pilots operating in air 
              transportation without an airman's certificate
    ``(a) Application.--This section applies only to aircraft used to 
provide air transportation.
    ``(b) General Criminal Penalty.--An individual shall be fined under 
title 18, 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 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 an individual who does not have an 
        airman's certificate authorizing the individual to serve in 
        that capacity.
    ``(c) Controlled Substance Criminal Penalty.--
            ``(1) In this subsection, the term `controlled substance' 
        has the same meaning given that term in section 102 of the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
        U.S.C. 802).
            ``(2) An individual violating subsection (b) shall be fined 
        under title 18, 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 
                imprisonment 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) 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) Clerical Amendment.--The chapter analysis for chapter 463 is 
amended by adding at the end thereof the following:

``46317. Criminal penalty for pilots operating in air transportation 
                            without an airman's certificate.''.

SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNECTION REQUIREMENTS.

    (a) In General.--Subchapter I of chapter 417 is amended by adding 
at the end thereof the following:
``Sec. 41717. Interline agreements for domestic transportation
    ``(a) Nondiscriminatory Requirements.--If a major air carrier that 
provides air service to an essential airport facility has any agreement 
involving ticketing, baggage and ground handling, and terminal and gate 
access with another carrier, it shall provide the same services to any 
requesting air carrier that offers service to a community selected for 
participation in the program under section 41743 under similar terms 
and conditions and on a nondiscriminatory basis within 30 days after 
receiving the request, as long as the requesting air carrier meets such 
safety, service, financial, and maintenance requirements, if any, as 
the Secretary may by regulation establish consistent with public 
convenience and necessity. The Secretary must review any proposed 
agreement to determine if the requesting carrier meets operational 
requirements consistent with the rules, procedures, and policies of the 
major carrier. This agreement may be terminated by either party in the 
event of failure to meet the standards and conditions outlined in the 
agreement.
    ``(b) Definitions.--In this section the term `essential airport 
facility' means a large hub airport (as defined in section 41731(a)(3)) 
in the contiguous 48 States in which one carrier has more than 50 
percent of such airport's total annual enplanements.''.
    (b) Clerical Amendment.--The chapter analysis for subchapter I of 
chapter 417 is amended by adding at the end thereof the following:

``41717. Interline agreements for domestic transportation.''.

SEC. 311. REVIEW PROCESS FOR EMERGENCY ORDERS UNDER SECTION 44709.

    Section 44709(e) is amended to read as follows:
    ``(e) Effectiveness of Orders Pending Appeal.--
            ``(1) In general.--When a person files an appeal with the 
        Board under subsection (d) of this section, the order of the 
        Administrator is stayed.
            ``(2) Exception.--Notwithstanding paragraph (1), the order 
        of the Administrator is effective immediately if the 
        Administrator 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 request a review by the Board, under 
        procedures promulgated by the Board, on the issues of the 
        appeal that are related to the existence of an emergency. Any 
        such review shall be requested within 48 hours after the order 
        becomes effective. If the Administrator is unable to 
        demonstrate to the Board that an emergency exists that requires 
        the immediate application of the order in the interest of 
        safety in air commerce and air transportation, the order shall, 
        notwithstanding paragraph (2), be stayed. The Board shall 
        dispose of a review request under this paragraph within 5 days 
        after it is filed.
            ``(4) Final disposition.--The Board shall make a final 
        disposition of an appeal under subsection (d) within 60 days 
        after the appeal is filed.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. OVERSIGHT OF FAA RESPONSE TO YEAR 2000 PROBLEM.

    The Administrator of the Federal Aviation Administration shall 
report to the Senate Committee on Commerce, Science, and Transportation 
and the House Committee on Transportation and Infrastructure every 3 
months through December 31, 2000, in oral or written form, on 
electronic data processing problems associated with the year 2000 
within the Administration.

SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINE.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall require by regulation that, not later than 
December 31, 2002, collision avoidance equipment be installed on each 
cargo airplane with a maximum certificated takeoff weight in excess of 
15,000 kilograms.
    (b) Extension.--The Administrator may extend the deadline imposed 
by subsection (a) for not more than 2 years if the Administrator finds 
that the extension is needed to promote--
            (1) a safe and orderly transition to the operation of a 
        fleet of cargo aircraft equipped with collision avoidance 
        equipment; or
            (2) other safety or public interest objectives.
    (c) Collision Avoidance Equipment.--For purposes of this section, 
the term ``collision avoidance equipment'' means TCAS II equipment (as 
defined by the Administrator), or any other similar system approved by 
the Administrator for collision avoidance purposes.

SEC. 403. RUNWAY SAFETY AREAS; PRECISION APPROACH PATH INDICATORS.

    Within 6 months after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall solicit 
comments on the need for--
            (1) the improvement of runway safety areas; and
            (2) the installation of precision approach path indicators.

SEC. 404. AIRPLANE EMERGENCY LOCATORS.

    (a) Requirement.--Section 44712(b) is amended to read as follows:
    ``(b) Nonapplication.--Subsection (a) does not apply to aircraft 
when used in--
            ``(1) scheduled flights by scheduled air carriers holding 
        certificates issued by the Secretary of Transportation under 
        subpart II of this part;
            ``(2) training operations conducted entirely within a 50-
        mile radius of the airport from which the training operations 
        begin;
            ``(3) flight operations related to the design and testing, 
        manufacture, preparation, and delivery of aircraft;
            ``(4) showing compliance with regulations, exhibition, or 
        air racing; or
            ``(5) the aerial application of a substance for an 
        agricultural purpose.''.
    (b) Compliance.--Section 44712 is amended by redesignating 
subsection (c) as subsection (d), and by inserting after subsection (b) 
the following:
    ``(c) Compliance.--An aircraft is deemed to meet the requirement of 
subsection (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).''.
    (c) Effective Date; Regulations.--
            (1) Regulations.--The Secretary of Transportation shall 
        promulgate regulations under section 44712(b) of title 49, 
        United States Code, as amended by this section not later than 
        January 1, 2002.
            (2) Effective date.--The amendments made by this section 
        shall take effect on January 1, 2002.

SEC. 405. COUNTERFEIT AIRCRAFT PARTS.

    (a) Denial; Revocation; Amendment of Certificate.--
            (1) In general.--Chapter 447 is amended by adding at the 
        end thereof the following:
``Sec. 44725. 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) of this section, the 
        Administrator may not issue a certificate under this chapter to 
        any person--
                    ``(A) convicted of a violation of a law of the 
                United States or of a State relating to the 
                installation, production, repair, or sale of a 
                counterfeit or falsely-represented 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) of this section, 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 of a violation of a law of the 
                United States or of a State relating to the 
                installation, production, repair, or sale of a 
                counterfeit or falsely-represented aviation part or 
                material; or
                    ``(B) knowingly carried out or facilitated an 
                activity punishable under such a law.
            ``(2) No authority to review violation.--In carrying out 
        paragraph (1) of this subsection, the Administrator may not 
        review whether a person violated such a law.
    ``(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 such an appeal, `person' shall be substituted 
for `individual' each place it appears.
    ``(e) Aquittal or Reversal.--
            ``(1) In general.--The Administrator may not revoke, and 
        the Board may not affirm a revocation of, a certificate under 
        subsection (b)(1)(B) of this section if the holder of the 
        certificate, or the individual, is acquitted of all charges 
        related to the violation.
            ``(2) Reissuance.--The Administrator may reissue a 
        certificate revoked under subsection (b) of this section to the 
        former holder if--
                    ``(A) the former holder otherwise satisfies the 
                requirements of this chapter for the certificate;
                    ``(B) the former holder, or individual, is 
                acquitted of all charges related to the violation on 
                which the revocation was based; or
                    ``(C) the conviction of the former holder, or 
                individual, of the violation on which the revocation 
                was based is reversed.
    ``(f) Waiver.--The Administrator may waive revocation of a 
certificate under subsection (b) of this section if--
            ``(1) a law enforcement official of the United States 
        Government, or of a State (with respect to violations of State 
        law), 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 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 chapter analysis for chapter 
        447 is amended by adding at the end thereof the following:

``44725. Denial and revocation of certificate for counterfeit parts 
                            violations.''.
    (b) Prohibition on Employment.--Section 44711 is amended by adding 
at the end thereof the following:
    ``(c) Prohibition on Employment of Convicted Counterfeit Part 
Dealers.--No person subject to this chapter may employ anyone to 
perform a function related to the procurement, sale, production, or 
repair of a part or material, or the installation of a part into a 
civil aircraft, who has been convicted of a violation of any Federal or 
State law relating to the installation, production, repair, or sale of 
a counterfeit or falsely-represented aviation part or material.''.

SEC. 406. FAA MAY FINE UNRULY PASSENGERS.

    (a) In General.--Chapter 463 (as amended by section 309) is amended 
by adding at the end thereof the following:
``Sec. 46318. Interference with cabin or flight crew
    ``(a) In General.--An individual who interferes with the duties or 
responsibilities of the flight crew or cabin crew of a civil aircraft, 
or who poses an imminent threat to the safety of the aircraft or other 
individuals on the aircraft, is liable to the United States Government 
for a civil penalty of not more than $10,000, which shall be paid to 
the Federal Aviation Administration and deposited in the account 
established by section 45303(c).
    ``(b) Compromise and Setoff.--
            ``(1) The Secretary of Transportation or the Administrator 
        may compromise the amount of a civil penalty imposed under 
        subsection (a).
            ``(2) The Government may deduct the amount of a civil 
        penalty imposed or compromised under this section from amounts 
        it owes the individual liable for the penalty.''.
    (b) Conforming Change.--The chapter analysis for chapter 463 is 
amended by adding at the end thereof the following:

``46318. Interference with cabin or flight crew.''.

SEC. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS.

    (a) Establishment of Higher International Standards.--The Secretary 
of Transportation shall work with appropriate international 
organizations and the aviation authorities of other nations to bring 
about their establishment of higher standards for accommodating 
handicapped passengers in air transportation, particularly with respect 
to foreign air carriers that code-share with domestic air carriers.
    (b) Investigation of All Complaints Required.--Section 41705 is 
amended--
            (1) by inserting ``(a) In General.--'' before ``In 
        providing'';
            (2) by striking ``carrier'' and inserting ``carrier, 
        including any foreign air carrier doing business in the United 
        States,''; and
            (3) by adding at the end thereof the following:
    ``(b) Each Act Constitutes Separate Offense.--Each separate act of 
discrimination prohibited by subsection (a) constitutes a separate 
violation of that subsection.
    ``(c) Investigation of Complaints.--
            ``(1) In general.--The Secretary or a person designated by 
        the Secretary shall investigate each complaint of a violation 
        of subsection (a).
            ``(2) Publication of data.--The Secretary or a person 
        designated by the Secretary shall publish disability-related 
        complaint data in a manner comparable to other consumer 
        complaint data.
            ``(3) Employment.--The Secretary is authorized to employ 
        personnel necessary to enforce this section.
            ``(4) Review and report.--The Secretary or a person 
        designated by the Secretary shall regularly review all 
        complaints received by air carriers alleging discrimination on 
        the basis of disability, and report annually to Congress on the 
        results of such review.
            ``(5) Technical assistance.--Not later than 180 days after 
        enactment of the Air Transportation and Improvement Act, the 
        Secretary shall--
                    ``(A) implement a plan, in consultation with the 
                Department of Justice, United States Architectural and 
                Transportation Barriers Compliance Board, and the 
                National Council on Disability, to provide technical 
                assistance to air carriers and individuals with 
                disabilities in understanding the rights and 
                responsibilities of this section; and
                    ``(B) ensure the availability and provision of 
                appropriate technical assistance manuals to individuals 
                and entities with rights or duties under this 
                section.''.
    (c) Increased Civil Penalties.--Section 46301(a) is amended--
            (1) by inserting ``41705,'' after ``41704,'' in paragraph 
        (1)(A); and
            (2) by adding at the end thereof the following:
            ``(7) Violation of section 41705.--
                    ``(A) Credit; voucher; civil penalty.-- Unless an 
                individual accepts a credit or voucher for the purchase 
                of a ticket on an air carrier or any affiliated air 
                carrier for a violation of subsection (a) in an amount 
                (determined by the Secretary) of--
                            ``(i) not less than $500 and not more than 
                        $2,500 for the first violation; or
                            ``(ii) not less than $2,500 and not more 
                        than $5,000 for any subsequent violation,
                then that air carrier is liable to the United States 
                Government for a civil penalty, determined by the 
                Secretary, of not more than 100 percent of the amount 
                of the credit or voucher so determined.
                    ``(B) Remedy not exclusive.--Nothing in 
                subparagraph (A) precludes or affects the right of 
                persons with disabilities to file private rights of 
                action under section 41705 or to limit claims for 
                compensatory or punitive damages asserted in such 
                cases.
                    ``(C) Attorney's fees.--In addition to the penalty 
                provided by subparagraph (A), an individual who--
                            ``(i) brings a civil action against an air 
                        carrier to enforce this section; and
                            ``(ii) who is awarded damages by the court 
                        in which the action is brought,
                may be awarded reasonable attorneys' fees and costs of 
                litigation reasonably incurred in bringing the action 
                if the court deems it appropriate.''.

SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT LAND.

    (a) In General.--Section 47125(a) is amended to read as follows:
    ``(a) Conveyances to Public Agencies.--
            ``(1) Request for conveyance.--Except as provided in 
        subsection (b) of this section, the Secretary of 
        Transportation--
                    ``(A) shall request the head of the department, 
                agency, or instrumentality of the United States 
                Government owning or controlling land or airspace to 
                convey a property interest in the land or airspace to 
                the public agency sponsoring the project or owning or 
                controlling the airport when necessary to carry out a 
                project under this subchapter at a public airport, to 
                operate a public airport, or for the future development 
                of an airport under the national plan of integrated 
                airport systems; and
                    ``(B) may request the head of such a department, 
                agency, or instrumentality to convey a property 
                interest in the land or airspace to such a public 
                agency for a use that will complement, facilitate, or 
                augment airport development, including the development 
                of additional revenue from both aviation and 
                nonaviation sources.
            ``(2) Response to request for certain conveyances.--Within 
        4 months after receiving a request from the Secretary under 
        paragraph (1), the head of the department, agency, or 
        instrumentality shall--
                    ``(A) decide whether the requested conveyance is 
                consistent with the needs of the department, agency, or 
                instrumentality;
                    ``(B) notify the Secretary of the decision; and
                    ``(C) make the requested conveyance if--
                            ``(i) the requested conveyance is 
                        consistent with the needs of the department, 
                        agency, or instrumentality;
                            ``(ii) the Attorney General approves the 
                        conveyance; and
                            ``(iii) the conveyance can be made without 
                        cost to the United States Government.
            ``(3) Reversion.--Except as provided in subsection (b), a 
        conveyance under this subsection may only be made on the 
        condition that the property interest conveyed reverts to the 
        Government, at the option of the Secretary, to the extent it is 
        not developed for an airport purpose or used consistently with 
        the conveyance.''.
    (b) Release of Certain Conditions.--Section 47125 is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting the following after subsection (a):
    ``(b) Release of Certain Conditions.--The Secretary may grant a 
release from any term, condition, reservation, or restriction contained 
in any conveyance executed under this section, section 16 of the 
Federal Airport Act, section 23 of the Airport and Airway Development 
Act of 1970, or section 516 of the Airport and Airway Improvement Act 
of 1982, to facilitate the development of additional revenue from 
aeronautical and nonaeronautical sources if the Secretary--
            ``(1) determines that the property is no longer needed for 
        aeronautical purposes;
            ``(2) determines that the property will be used solely to 
        generate revenue for the public airport;
            ``(3) provides preliminary notice to the head of the 
        department, agency, or instrumentality that conveyed the 
        property interest at least 30 days before executing the 
        release;
            ``(4) provides notice to the public of the requested 
        release;
            ``(5) includes in the release a written justification for 
        the release of the property; and
            ``(6) determines that release of the property will advance 
        civil aviation in the United States.''.
    (c) Effective Date.--Section 47125(b) of title 49, United States 
Code, as added by subsection (b) of this section, applies to property 
interests conveyed before, on, or after the date of enactment of this 
Act.
    (d) Iditarod Area School District.--Notwithstanding any other 
provision of law (including section 47125 of title 49, United States 
Code, as amended by this section), the Administrator of the Federal 
Aviation Administration, or the Administrator of the General Services 
Administration, 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. 409. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

    Not later than 90 days after the date of enactment of this Act, the 
Administrator shall issue a notice of proposed rulemaking to develop 
procedures to protect air carriers and their employees from enforcement 
actions for violations of the Federal Aviation 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 Program and the Aviation Safety Action Program.

SEC. 410. WIDE AREA AUGMENTATION SYSTEM.

    (a) Plan.--The Administrator of the Federal Aviation Administration 
shall identify or develop a plan to implement WAAS to provide 
navigation and landing approach capabilities for civilian use and make 
a determination as to whether a backup system is necessary. Until the 
Administrator determines that WAAS is the sole means of navigation, the 
Administrator shall continue to develop and maintain a backup system.
    (b) Report.--Within 6 months after the date of enactment of this 
Act, the Administrator shall--
            (1) report to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure, on the plan developed 
        under subsection (a);
            (2) submit a timetable for implementing WAAS; and
            (3) make a determination as to whether WAAS will ultimately 
        become a primary or sole means of navigation and landing 
        approach capabilities.
    (c) WAAS Defined.--For purposes of this section, the term ``WAAS'' 
means wide area augmentation system.
    (d) Funding Authorization.--There are authorized to be appropriated 
to the Secretary of Transportation such sums as may be necessary to 
carry out this section.

SEC. 411. 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 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 
        rulemaking proceeding and issue a final rule to modify the 
        general operating and flight rules referred to in subsection 
        (a) by establishing special rules applicable to the flight 
        operations conducted by Alaska guide pilots.
            (2) Contents of rules.--A final rule issued by the 
        Administrator under paragraph (1) shall 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 
                Regulations;
                    (C) to have at least 500 hours of flight time as a 
                pilot;
                    (D) to have a commercial rating, as described in 
                subpart F of part 61 of such title;
                    (E) to hold at least a second-class medical 
                certificate, as described in subpart C of part 67 of 
                such title;
                    (F) to hold a current letter of authorization 
                issued by the Administrator; and
                    (G) to take such other actions as the Administrator 
                determines necessary for safety.
    (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, or uses 
                air transport to enable guided clients to reach hunting 
                or fishing locations.

SEC. 412. ALASKA RURAL AVIATION IMPROVEMENT.

    (a) Application of FAA Regulations.--Section 40113 is amended by 
adding at the end thereof 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 Administrator considers appropriate.''.
    (b) Aviation Closed Circuit Television.--The Administrator of the 
Federal Aviation Administration, in consultation with commercial and 
general aviation pilots, shall install closed circuit weather 
surveillance equipment at not fewer that 15 rural airports in Alaska 
and provide for the dissemination of information derived from such 
equipment to pilots for pre-flight planning purposes and en route 
purposes, including through the dissemination of such information to 
pilots by flight service stations. There are authorized to be 
appropriated $2,000,000 for the purposes of this subsection.
    (c) Mike-in-hand Weather Observation.--The Administrator of the 
Federal Aviation Administration 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 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.
    (d) Rural IFR Compliance.--There are authorized to be appropriated 
$4,000,000 to the Administrator for runway lighting and weather 
reporting systems at remote airports in Alaska to implement the 
CAPSTONE project.

SEC. 413. HUMAN FACTORS PROGRAM.

    (a) In General.--Chapter 445 is amended by adding at the end 
thereof the following:
``Sec. 44516. Human factors program
    ``(a) Report.--The Administrator of the Federal Aviation 
Administration shall report within 1 year after the date of enactment 
of the Air Transportation Improvement Act to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure on the status of the 
Administration's efforts to encourage the adoption and implementation 
of Advanced Qualification Programs for air carriers under this section.
    ``(b) Human Factors Training.--
            ``(1) Air traffic controllers.--The Administrator 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 the aviation industry to develop specific training 
        curricula to address critical safety problems, including 
        problems of pilots--
                    ``(A) in recovering from loss of control of the 
                aircraft, including handling unusual attitudes and 
                mechanical malfunctions;
                    ``(B) in deviating from standard operating 
                procedures, including inappropriate responses to 
                emergencies and hazardous 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.
    ``(c) Accident Investigations.--The Administrator, working with the 
National Transportation Safety Board and representatives of the 
aviation industry, shall establish a process to assess human factors 
training as part of accident and incident investigations.
    ``(d) Test Program.--The Administrator shall establish a test 
program in cooperation with United States air carriers to use model 
Jeppesen approach plates or other similar tools to improve nonprecision 
landing approaches for aircraft.
    ``(e) Advanced Qualification Program Defined.--For purposes of this 
section, the term `advanced qualification program' means an alternative 
method for qualifying, training, certifying, and ensuring the 
competency of flight crews and other commercial aviation operations 
personnel subject to the training and evaluation requirements of Parts 
121 and 135 of title 14, Code of Federal Regulations.''.
    (b) Automation and Associated Training.--The Administrator of the 
Federal Aviation Administration shall complete the Administration's 
updating of training practices for flight deck automation and 
associated training requirements within 12 months after the date of 
enactment of this Act.
    (c) Conforming Amendment.--The chapter analysis for chapter 445 is 
amended by adding at the end thereof the following:

``44516. Human factors program.''.

SEC. 414. INDEPENDENT VALIDATION OF FAA COSTS AND ALLOCATIONS.

    (a) Independent Assessment.--
            (1) Initiation.--Not later than 90 days after the date of 
        enactment of this Act, the Inspector General of the Department 
        of Transportation shall initiate the analyses described in 
        paragraph (2). In conducting the analyses, the Inspector 
        General shall ensure that the analyses are carried out by 1 or 
        more entities that are independent of the Federal Aviation 
        Administration. The Inspector General may use the staff and 
        resources of the Inspector General or may contract with 
        independent entities to conduct the analyses.
            (2) Assessment of adequacy and accuracy of faa cost data 
        and attributions.--To ensure that the method for capturing and 
        distributing the overall costs of the Federal Aviation 
        Administration is appropriate and reasonable, the Inspector 
        General shall conduct an assessment that includes the 
        following:
                    (A)(i) Validation of Federal Aviation 
                Administration cost input data, including an audit of 
                the reliability of Federal Aviation Administration 
                source documents and the integrity and reliability of 
                the Federal Aviation Administration's data collection 
                process.
                    (ii) An assessment of the reliability of the 
                Federal Aviation Administration's system for tracking 
                assets.
                    (iii) An assessment of the reasonableness of the 
                Federal Aviation Administration's bases for 
                establishing asset values and depreciation rates.
                    (iv) An assessment of the Federal Aviation 
                Administration's system of internal controls for 
                ensuring the consistency and reliability of reported 
                data to begin immediately after full operational 
                capability of the cost accounting system.
                    (B) A review and validation of the Federal Aviation 
                Administration's definition of the services to which 
                the Federal Aviation Administration ultimately 
                attributes its costs, and the methods used to identify 
                direct costs associated with the services.
                    (C) An assessment and validation of the general 
                cost pools used by the Federal Aviation Administration, 
                including the rationale for and reliability of the 
                bases on which the Federal Aviation Administration 
                proposes to allocate costs of services to users and the 
                integrity of the cost pools as well as any other 
                factors considered important by the Inspector General. 
                Appropriate statistical tests shall be performed to 
                assess relationships between costs in the various cost 
                pools and activities and services to which the costs 
                are attributed by the Federal Aviation Administration.
    (b) Deadline.--The independent analyses described in this section 
shall be completed no later than 270 days after the contracts are 
awarded to the outside independent contractors. The Inspector General 
shall submit a final report combining the analyses done by its staff 
with those of the outside independent contractors to the Secretary of 
Transportation, the Administrator, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives. The final report 
shall be submitted by the Inspector General not later than 300 days 
after the award of contracts.
    (c) Funding.--There are authorized to be appropriated such sums as 
may be necessary for the cost of the contracted audit services 
authorized by this section.

SEC. 415. APPLICATION OF FEDERAL PROCUREMENT POLICY ACT.

    Section 348 of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (49 U.S.C. 40110 nt) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Certain Provisions of the Office of Federal Procurement 
Policy Act.--Notwithstanding subsection (b)(2), 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 
subsection (a) with the following modifications:
            ``(1) Subsections (f) and (g) shall not apply.
            ``(2) Within 90 days after the date of enactment of the Air 
        Transportation Improvement Act, the Administrator of the 
        Federal Aviation Administration shall adopt definitions for the 
        acquisition management system that are consistent with the 
        purpose and intent of the Office of Federal Procurement Policy 
        Act.
            ``(3) 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.
            ``(4) In the administration of the acquisition management 
        system, the Administrator may take adverse personnel 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.''.

SEC. 416. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.

    The Administrator of the Federal Aviation Administration shall 
report to the Congress on plans to modernize the oceanic air traffic 
control system, including a budget for the program, a determination of 
the requirements for modernization, and, if necessary, a proposal to 
fund the program.

SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.

    Beginning in calendar year 2000, the Administrator of the Federal 
Aviation Administration shall report biannually to the Congress on the 
air transportation oversight system program announced by the 
Administration on May 13, 1998, in detail on the training of 
inspectors, the number of inspectors using the system, air carriers 
subject to the system, and the budget for the system.

SEC. 418. RECYCLING OF EIS.

    Notwithstanding any other provision of law to the contrary, the 
Secretary of Transportation may authorize the use, in whole or in part, 
of a completed environmental assessment or environmental impact study 
for a new airport construction project on the air operations area, that 
is substantially similar in nature to one previously constructed 
pursuant to the completed environmental assessment or environmental 
impact study in order to avoid unnecessary duplication of expense and 
effort, and any such authorized use shall meet all requirements of 
Federal law for the completion of such an assessment or study.

SEC. 419. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

    (a) General Rule.--Chapter 421 is amended by adding at the end the 
following new subchapter:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``Sec. 42121. Protection of employees providing air safety information
    ``(a) Discrimination Against Airline Employees.--No air carrier or 
contractor or subcontractor of an air carrier may discharge an employee 
of the air carrier or the contractor or subcontractor of an air carrier 
or otherwise discriminate against any such employee with respect to 
compensation, terms, conditions, or privileges of employment because 
the employee (or any person acting pursuant to a request of the 
employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided to the Federal Government 
        information relating to any violation or alleged violation of 
        any order, regulation, or standard of the Federal Aviation 
        Administration or any other provision of Federal law relating 
        to air carrier safety under this subtitle or any other law of 
        the United States;
            ``(2) has filed, caused to be filed, or is about to file or 
        cause to be filed a proceeding relating to any violation or 
        alleged violation of any order, regulation, or standard of the 
        Federal Aviation Administration or any other provision of 
        Federal law relating to air carrier safety under this subtitle 
        or any other law of the United States;
            ``(3) testified or will testify in such a proceeding; or
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding.
    ``(b) Department of Labor Complaint Procedure.--
            ``(1) Filing and notification.--
                    ``(A) In general.--In accordance with this 
                paragraph, a person may file (or have a person file on 
                behalf of that person) a complaint with the Secretary 
                of Labor if that person believes that an air carrier or 
                contractor or subcontractor of an air carrier 
                discharged or otherwise discriminated against that 
                person in violation of subsection (a).
                    ``(B) Requirements for filing complaints.--A 
                complaint referred to in subparagraph (A) may be filed 
                not later than 90 days after an alleged violation 
                occurs. The complaint shall state the alleged 
                violation.
                    ``(C) Notification.--Upon receipt of a complaint 
                submitted under subparagraph (A), the Secretary of 
                Labor shall notify the air carrier, contractor, or 
                subcontractor named in the complaint and the 
                Administrator of the Federal Aviation Administration of 
                the--
                            ``(i) filing of the complaint;
                            ``(ii) allegations contained in the 
                        complaint;
                            ``(iii) substance of evidence supporting 
                        the complaint; and
                            ``(iv) opportunities that are afforded to 
                        the air carrier, contractor, or subcontractor 
                        under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--
                            ``(i) Investigation.--Not later than 60 
                        days after 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 written response to 
                        the complaint and an opportunity to meet with a 
                        representative of the Secretary to present 
                        statements from witnesses, the Secretary of 
                        Labor shall conduct an investigation and 
                        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.
                            ``(ii) Order.--Except as provided in 
                        subparagraph (B), if the Secretary of Labor 
                        concludes that there is reasonable cause to 
                        believe that a violation of subsection (a) has 
                        occurred, the Secretary shall accompany the 
                        findings referred to in clause (i) with a 
                        preliminary order providing the relief 
                        prescribed under paragraph (3)(B).
                            ``(iii) Objections.--Not later than 30 days 
                        after the date of notification of findings 
                        under this paragraph, the person alleged to 
                        have committed the violation or the complainant 
                        may file objections to the findings or 
                        preliminary order and request a hearing on the 
                        record.
                            ``(iv) Effect of filing.--The filing of 
                        objections under clause (iii) shall not operate 
                        to stay any reinstatement remedy contained in 
                        the preliminary order.
                            ``(v) Hearings.--Hearings conducted 
                        pursuant to a request made under clause (iii) 
                        shall be conducted expeditiously and governed 
                        by the Federal Rules of Civil Procedure. If a 
                        hearing is not requested during the 30-day 
                        period prescribed in clause (iii), 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 under this subsection and shall not 
                        conduct an investigation 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 investigation 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 
                        secretary.--The Secretary may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (4) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and 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 
                agreements.--
                            ``(i) In general.--Not later than 120 days 
                        after conclusion of a hearing under paragraph 
                        (2), the Secretary of Labor shall issue a final 
                        order that--
                                    ``(I) provides relief in accordance 
                                with this paragraph; or
                                    ``(II) denies the complaint.
                            ``(ii) Settlement agreement.--At any time 
                        before issuance of a final order under this 
                        paragraph, 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 air carrier, 
                        contractor, or subcontractor 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 air carrier, 
                contractor, or subcontractor that the Secretary of 
                Labor determines to have committed the violation to--
                            ``(i) take action to abate the violation;
                            ``(ii) reinstate the complainant to the 
                        former position of the complainant and ensure 
                        the payment of compensation (including back 
                        pay) and the restoration of terms, conditions, 
                        and privileges associated with the employment; 
                        and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                    ``(C) Costs of complaint.--If the Secretary of 
                Labor issues a final order that provides for relief in 
                accordance with this paragraph, the Secretary of Labor, 
                at the request of the complainant, shall assess against 
                the air carrier, contractor, or subcontractor named in 
                the order an amount equal to the aggregate amount of 
                all costs and expenses (including attorney and expert 
                witness fees) reasonably incurred by the complainant 
                (as determined by the Secretary of Labor) for, or in 
                connection with, the bringing of the complaint that 
                resulted in the issuance of the order.
            ``(4) Frivolous complaints.--Rule 11 of the Federal Rules 
        of Civil Procedure applies to any complaint brought under this 
        section that the Secretary finds to be frivolous or to have 
        been brought in bad faith.
            ``(5) Review.--
                    ``(A) Appeal to court of appeals.--
                            ``(i) In general.--Not later than 60 days 
                        after a final order is issued under paragraph 
                        (3), a person adversely affected or aggrieved 
                        by that order may obtain review of the order in 
                        the United States court of appeals for the 
                        circuit in which the violation allegedly 
                        occurred or the circuit in which the 
                        complainant resided on the date of that 
                        violation.
                            ``(ii) Requirements for judicial review.--A 
                        review conducted under this paragraph shall be 
                        conducted in accordance with chapter 7 of title 
                        5. The commencement of proceedings under this 
                        subparagraph shall not, unless ordered by the 
                        court, operate as a stay of the order that is 
                        the subject of the review.
                    ``(B) Limitation on collateral attack.--An order 
                referred to in subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
            ``(6) Enforcement of order by secretary of labor.--
                    ``(A) In general.--If an air carrier, contractor, 
                or subcontractor named in an order issued under 
                paragraph (3) fails to comply with the order, the 
                Secretary of Labor may file a civil action in the 
                United States district court for the district in which 
                the violation occurred to enforce that order.
                    ``(B) Relief.--In any action brought under this 
                paragraph, the district court shall have jurisdiction 
                to grant any appropriate form of relief, including 
                injunctive relief and compensatory damages.
            ``(7) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order is issued under paragraph (3) may 
                commence a civil action against the air carrier, 
                contractor, or subcontractor named in the order to 
                require compliance with the 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 the order.
                    ``(B) Attorney fees.--In issuing any final order 
                under this paragraph, the court may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party if the court determines that 
                the awarding of those costs 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.
    ``(d) Nonapplicability to Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of an air carrier, or 
contractor or subcontractor of an air carrier who, acting without 
direction from the air carrier (or an agent, contractor, or 
subcontractor of the air carrier), deliberately causes a violation of 
any requirement relating to air carrier safety under this subtitle or 
any other law of the United States.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for an air carrier.''.
    (b) Investigations and Enforcement.--Section 347(b)(1) of Public 
Law 104-50 (49 U.S.C. 106, note) is amended by striking ``protection;'' 
and inserting ``protection, including the provisions for investigations 
and enforcement as provided in chapter 12 of title 5, United States 
Code;''.
    (c) Conforming Amendment.--The chapter 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.''.
    (d) 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. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

    Section 44502(a) is amended by adding at the end thereof the 
following:
            ``(5) The Administrator may improve real property leased 
        for air navigation facilities without regard to the costs of 
        the improvements in relation to the cost of the lease if--
                    ``(A) the improvements primarily benefit the 
                government;
                    ``(B) are essential for mission accomplishment; and
                    ``(C) the government's interest in the improvements 
                is protected.''.

SEC. 421. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.

    Section 47107 is amended by adding at the end thereof the 
following:
    ``(q) Denial of Access.--
            ``(1) Effect of denial.--If an owner or operator of an 
        airport described in paragraph (2) denies access to an air 
        carrier described in paragraph (3), that denial shall not be 
        considered to be unreasonable or unjust discrimination or a 
        violation of this section.
            ``(2) Airports to which subsection applies.--An airport is 
        described in this paragraph if it--
                    ``(A) is designated as a reliever airport by the 
                Administrator of the Federal Aviation Administration;
                    ``(B) does not have an operating certificate issued 
                under part 139 of title 14, Code of Federal Regulations 
                (or any subsequent similar regulations); and
                    ``(C) is located within a 35-mile radius of an 
                airport that has--
                            ``(i) at least 0.05 percent of the total 
                        annual boardings in the United States; and
                            ``(ii) current gate capacity to handle the 
                        demands of a public charter operation.
            ``(3) Air carriers described.--An air carrier is described 
        in this paragraph if it conducts operations as a public charter 
        under part 380 of title 14, Code of Federal Regulations (or any 
        subsequent similar regulations) with aircraft that is designed 
        to carry more than 9 passengers per flight.
            ``(4) Definitions.--In this subsection:
                    ``(A) Air carrier; air transportation; aircraft; 
                airport.--The terms `air carrier', `air 
                transportation', `aircraft', and `airport' have the 
                meanings given those terms in section 40102 of this 
                title.
                    ``(B) Public charter.--The term `public charter' 
                means charter air transportation for which the general 
                public is provided in advance a schedule containing the 
                departure location, departure time, and arrival 
                location of the flights.''.

SEC. 422. TOURISM.

    (a) Findings.--Congress finds that--
            (1) through an effective public-private partnership, 
        Federal, State, and local governments and the travel and 
        tourism industry can successfully market the United States as 
        the premiere international tourist destination in the world;
            (2) in 1997, the travel and tourism industry made a 
        substantial contribution to the health of the Nation's economy, 
        as follows:
                    (A) The industry is one of the Nation's largest 
                employers, directly employing 7,000,000 Americans, 
                throughout every region of the country, heavily 
                concentrated among small businesses, and indirectly 
                employing an additional 9,200,000 Americans, for a 
                total of 16,200,000 jobs.
                    (B) The industry ranks as the first, second, or 
                third largest employer in 32 States and the District of 
                Columbia, generating a total tourism-related annual 
                payroll of $127,900,000,000.
                    (C) The industry has become the Nation's third-
                largest retail sales industry, generating a total of 
                $489,000,000,000 in total expenditures.
                    (D) The industry generated $71,700,000,000 in tax 
                revenues for Federal, State, and local governments;
            (3) the more than $98,000,000,000 spent by foreign visitors 
        in the United States in 1997 generated a trade services surplus 
        of more than $26,000,000,000;
            (4) the private sector, States, and cities currently spend 
        more than $1,000,000,000 annually to promote particular 
        destinations within the United States to international 
        visitors;
            (5) because other nations are spending hundreds of millions 
        of dollars annually to promote the visits of international 
        tourists to their countries, the United States will miss a 
        major marketing opportunity if it fails to aggressively compete 
        for an increased share of international tourism expenditures as 
        they continue to increase over the next decade;
            (6) a well-funded, well-coordinated international marketing 
        effort--combined with additional public and private sector 
        efforts--would help small and large businesses, as well as 
        State and local governments, share in the anticipated 
        phenomenal growth of the international travel and tourism 
        market in the 21st century;
            (7) by making permanent the successful visa waiver pilot 
        program, Congress can facilitate the increased flow of 
        international visitors to the United States;
            (8) Congress can increase the opportunities for attracting 
        international visitors and enhancing their stay in the United 
        States by--
                    (A) improving international signage at airports, 
                seaports, land border crossings, highways, and bus, 
                train, and other public transit stations in the United 
                States;
                    (B) increasing the availability of multilingual 
                tourist information; and
                    (C) creating a toll-free, private-sector operated, 
                telephone number, staffed by multilingual operators, to 
                provide assistance to international tourists coping 
                with an emergency;
            (9) by establishing a satellite system of accounting for 
        travel and tourism, the Secretary of Commerce could provide 
        Congress and the President with objective, thorough data that 
        would help policymakers more accurately gauge the size and 
        scope of the domestic travel and tourism industry and its 
        significant impact on the health of the Nation's economy; and
            (10) having established the United States National Tourism 
        Organization under the United States National Tourism 
        Organization Act of 1996 (22 U.S.C. 2141 et seq.) to increase 
        the United States share of the international tourism market by 
        developing a national travel and tourism strategy, Congress 
        should support a long-term marketing effort and other important 
        regulatory reform initiatives to promote increased travel to 
        the United States for the benefit of every sector of the 
        economy.
    (b) Purposes.--The purposes of this section are to provide 
international visitor initiatives and an international marketing 
program to enable the United States travel and tourism industry and 
every level of government to benefit from a successful effort to make 
the United States the premiere travel destination in the world.
    (c) International Visitor Assistance Task Force.--
            (1) Establishment.--Not later than 9 months after the date 
        of enactment of this Act, the Secretary of Commerce shall 
        establish an Intergovernmental Task Force for International 
        Visitor Assistance (hereafter in this subsection referred to as 
        the ``Task Force'').
            (2) Duties.--The Task Force shall examine--
                    (A) signage at facilities in the United States, 
                including airports, seaports, land border crossings, 
                highways, and bus, train, and other public transit 
                stations, and shall identify existing inadequacies and 
                suggest solutions for such inadequacies, such as the 
                adoption of uniform standards on international signage 
                for use throughout the United States in order to 
                facilitate international visitors' travel in the United 
                States;
                    (B) the availability of multilingual travel and 
                tourism information and means of disseminating, at no 
                or minimal cost to the Government, of such information; 
                and
                    (C) facilitating the establishment of a toll-free, 
                private-sector operated, telephone number, staffed by 
                multilingual operators, to provide assistance to 
                international tourists coping with an emergency.
            (3) Membership.--The Task Force shall be composed of the 
        following members:
                    (A) The Secretary of Commerce.
                    (B) The Secretary of State.
                    (C) The Secretary of Transportation.
                    (D) The Chair of the Board of Directors of the 
                United States National Tourism Organization.
                    (E) Such other representatives of other Federal 
                agencies and private-sector entities as may be 
                determined to be appropriate to the mission of the Task 
                Force by the Chairman.
            (4) Chairman.--The Secretary of Commerce shall be Chairman 
        of the Task Force. The Task Force shall meet at least twice 
        each year. Each member of the Task Force shall furnish 
        necessary assistance to the Task Force.
            (5) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Chairman of the Task Force shall 
        submit to the President and to Congress a report on the results 
        of the review, including proposed amendments to existing laws 
        or regulations as may be appropriate to implement such 
        recommendations.
    (d) Travel and Tourism Industry Satellite System of Accounting.--
            (1) In general.--The Secretary of Commerce shall complete, 
        as soon as may be practicable, a satellite system of accounting 
        for the travel and tourism industry.
            (2) Funding.--To the extent any costs or expenditures are 
        incurred under this subsection, they shall be covered to the 
        extent funds are available to the Department of Commerce for 
        such purpose.
    (e) Authorization of Appropriations.--
            (1) Authorization.--Subject to paragraph (2), there are 
        authorized to be appropriated such sums as may be necessary for 
        the purpose of funding international promotional activities by 
        the United States National Tourism Organization to help brand, 
        position, and promote the United States as the premiere travel 
        and tourism destination in the world.
            (2) Restrictions on use of funds.--None of the funds 
        appropriated under paragraph (1) may be used for purposes other 
        than marketing, research, outreach, or any other activity 
        designed to promote the United States as the premiere travel 
        and tourism destination in the world, except that the general 
        and administrative expenses of operating the United States 
        National Tourism Organization shall be borne by the private 
        sector through such means as the Board of Directors of the 
        Organization shall determine.
            (3) Report to congress.--Not later than March 30 of each 
        year in which funds are made available under subsection (a), 
        the Secretary shall submit to the Committee on Commerce of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a detailed report 
        setting forth--
                    (A) the manner in which appropriated funds were 
                expended;
                    (B) changes in the United States market share of 
                international tourism in general and as measured 
                against specific countries and regions;
                    (C) an analysis of the impact of international 
                tourism on the United States economy, including, as 
                specifically as practicable, an analysis of the impact 
                of expenditures made pursuant to this section;
                    (D) an analysis of the impact of international 
                tourism on the United States trade balance and, as 
                specifically as practicable, an analysis of the impact 
                on the trade balance of expenditures made pursuant to 
                this section; and
                    (E) an analysis of other relevant economic impacts 
                as a result of expenditures made pursuant to this 
                section.

SEC. 423. SENSE OF THE SENATE ON PROPERTY TAXES ON PUBLIC-USE AIRPORTS.

    It is the sense of the Senate that--
            (1) property taxes on public-use airports should be 
        assessed fairly and equitably, regardless of the location of 
        the owner of the airport; and
            (2) the property tax recently assessed on the City of The 
        Dalles, Oregon, as the owner and operator of the Columbia Gorge 
        Regional/The Dalles Municipal Airport, located in the State of 
        Washington, should be repealed.

SEC. 424. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    (a) Applicability of Merit Systems Protection Board Provisions.--
Section 347(b) of the Department of Transportation and Related Agencies 
Appropriations Act, 1996 (109 Stat. 460) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting a semicolon and ``and''; and
            (3) by adding at the end thereof the following:
            ``(8) sections 1204, 1211-1218, 1221, and 7701-7703, 
        relating to the Merit Systems Protection Board.''.
    (b) Appeals to Merit Systems Protection Board.--Section 347(c) of 
the Department of Transportation and Related Agencies Appropriations 
Act, 1996 is amended to read as follows:
    ``(c) Appeals to Merit Systems Protection Board.--Under the new 
personnel management system developed and implemented under subsection 
(a), an employee of the Federal Aviation Administration may submit an 
appeal to the Merit Systems Protection Board and may seek judicial 
review of any resulting final orders or decisions of the Board from any 
action that was appealable to the Board under any law, rule, or 
regulation as of March 31, 1996.''.

SEC. 425. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN 
              RESPONDING TO OIL SPILLS.

    (a) Authority.--
            (1) Notwithstanding section 202 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 483) and subject 
        to subsections (b) and (c), the Secretary of Defense may, 
        during the period beginning March 1, 1999, and ending on 
        September 30, 2002, sell 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) The aircraft and aircraft parts that may be sold under 
        paragraph (1) are aircraft and aircraft parts of the Department 
        of Defense that are determined by the Secretary 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;
            (2) may not be flown outside of or removed from the United 
        States except for the purpose of fulfilling an international 
        agreement to assist in oil spill dispersing efforts, 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) As soon as practicable after the date of enactment of 
        this Act, the Secretary of Defense shall, in consultation with 
        the Secretary of Transportation and the Administrator of 
        General Services, prescribe regulations relating to the sale of 
        aircraft and aircraft parts under this section.
            (2) The regulations shall--
                    (A) ensure that the sale of the aircraft and 
                aircraft parts is made at a fair market value as 
                determined by the Secretary of Defense, and, to the 
                extent practicable, on a competitive basis;
                    (B) require a certification by the purchaser that 
                the aircraft and aircraft parts will be used 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 end-users in accordance with 
                the conditions set forth in subsection (b) or pursuant 
                to subsection (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).
    (f) Report.--Not later than March 31, 2002, the Secretary of 
Defense shall submit to the Committee on Armed Services of the Senate 
and the Committee on National Security 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 
        aircraft were sold;
            (2) the persons or entities to which the aircraft were 
        sold; and
            (3) an accounting of the current use of the air- craft 
        sold.
    (g) Construction.--Nothing in this section may be construed as 
affecting the authority of the Administrator of the Federal Aviation 
Administration under any other provision of law.
    (h) Proceeds from Sale.--The net proceeds of any amounts received 
by the Secretary of Defense from the sale of aircraft and aircraft 
parts under this section shall be covered into the general fund of the 
Treasury as miscellaneous receipts.

SEC 426. AIRCRAFT AND AVIATION COMPONENT REPAIR AND MAINTENANCE 
              ADVISORY PANEL.

    (a) Establishment of Panel.--The Administrator of the Federal 
Aviation Administration--
            (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 located within, or outside of, the 
        United States; and
            (2) may seek the advice of the panel on any issue related 
        to methods to improve the safety of domestic or foreign 
        contract aircraft and aviation component repair facilities.
    (b) Membership.--The panel shall consist of--
            (1) 8 members, appointed by the Administrator as follows:
                    (A) 3 representatives of labor organizations 
                representing aviation mechanics;
                    (B) 1 representative of cargo air carriers;
                    (C) 1 representative of passenger air carriers;
                    (D) 1 representative of aircraft and aviation 
                component repair stations;
                    (E) 1 representative of aircraft manufacturers; and
                    (F) 1 representative of the aviation industry not 
                described in the preceding subparagraphs;
            (2) 1 representative from the Department of Transportation, 
        designated by the Secretary of Transportation;
            (3) 1 representative from the Department of State, 
        designated by the Secretary of State; and
            (4) 1 representative from the Federal Aviation 
        Administration, designated by the Administrator.
    (c) Responsibilities.--The panel shall--
            (1) determine how much aircraft and aviation component 
        repair work and what type of aircraft and aviation component 
        repair work is being performed by aircraft and aviation 
        component repair stations located within, and outside of, the 
        United States to better understand and analyze methods to 
        improve the safety and oversight of such facilities; and
            (2) provide advice and counsel to the Administrator with 
        respect to aircraft and aviation component repair work 
        performed by those stations, staffing needs, and any safety 
        issues associated with that work.
    (d) FAA To Request Information From Foreign Aircraft Repair 
Stations.--
            (1) Collection of information.--The Administrator shall by 
        regulation request aircraft and aviation component repair 
        stations located outside the United States to submit such 
        information as the Administrator may require in order to assess 
        safety issues and enforcement actions with respect to the work 
        performed at those stations on aircraft used by United States 
        air carriers.
            (2) Drug and alcohol testing information.--Included in the 
        information the Administrator requests under paragraph (1) 
        shall be information on the existence and administration of 
        employee drug and alcohol testing programs in place at such 
        stations, if applicable.
            (3) Description of work done.--Included in the information 
        the Administrator requests under paragraph (1) shall be 
        information on the amount and type of aircraft and aviation 
        component repair work performed at those stations on aircraft 
        registered in the United States.
    (e) FAA To Request Information About Domestic Aircraft Repair 
Stations.--If the Administrator determines that information on the 
volume of the use of domestic aircraft and aviation component repair 
stations is needed in order to better utilize Federal Aviation 
Administration resources, the Administrator may--
            (1) require United States air carriers to submit the 
        information described in subsection (d) with respect to their 
        use of contract and noncontract aircraft and aviation component 
        repair facilities located in the United States; and
            (2) obtain information from such stations about work 
        performed for foreign air carriers.
    (f) FAA To Make Information Available to Public.--The Administrator 
shall make any information received under subsection (d) or (e) 
available to the public.
    (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 enactment of 
        this Act; or
            (2) December 31, 2000.
    (h) Annual Report to Congress.--The Administrator shall report 
annually to the Congress on the number and location of air agency 
certificates that were revoked, suspended, or not renewed during the 
preceding year.
    (i) Definitions.--Any term used in this section that is defined in 
subtitle VII of title 49, United States Code, has the meaning given 
that term in that subtitle.

SEC. 427. AIRCRAFT SITUATIONAL DISPLAY DATA.

    (a) In General.--A memorandum of agreement between the 
Administrator of the Federal Aviation Administration and any person 
that directly obtains aircraft situational display data from the 
Administration shall require that--
            (1) the person demonstrate to the satisfaction of the 
        Administrator that such person is capable of selectively 
        blocking the display of any aircraft-situation-display-to-
        industry derived data related to any identified aircraft 
        registration number; and
            (2) the person agree to block selectively the aircraft 
        registration numbers of any aircraft owner or operator upon the 
        Administration's request.
    (b) Existing Memoranda To Be Conformed.--The Administrator shall 
conform any memoranda of agreement, in effect on the date of enactment 
of this Act, between the Administration and a person under which that 
person obtains such data to incorporate the requirements of subsection 
(a) within 30 days after that date.

SEC. 428. ALLOCATION OF TRUST FUND FUNDING.

     (a) Definitions.--In this section:
            (1) Airport and airway trust fund.--The term ``Airport and 
        Airway Trust Fund'' means the trust fund established under 
        section 9502 of the Internal Revenue Code of 1986.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (3) State.--The term ``State'' means each of the States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (4) State dollar contribution to the airport and airway 
        trust fund.--The term ``State dollar contribution to the 
        Airport and Airway Trust Fund'', with respect to a State and 
        fiscal year, means the amount of funds equal to the amounts 
        transferred to the Airport and Airway Trust Fund under section 
        9502 of the Internal Revenue Code of 1986 that are equivalent 
        to the taxes described in section 9502(b) of the Internal 
        Revenue Code of 1986 that are collected in that State.
    (b) Reporting.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        of the Treasury shall report to the Secretary the amount equal 
        to the amount of taxes collected in each State during the 
        preceding fiscal year that were transferred to the Airport and 
        Airway Trust Fund.
            (2) Report by secretary.--Not later than 90 days after the 
        date of enactment of this Act, and annually thereafter, the 
        Secretary shall prepare and submit to Congress a report that 
        provides, for each State, for the preceding fiscal year--
                    (A) the State dollar contribution to the Airport 
                and Airway Trust Fund; and
                    (B) the amount of funds (from funds made available 
                under section 48103 of title 49, United States Code) 
                that were made available to the State (including any 
                political subdivision thereof) under chapter 471 of 
                title 49, United States Code.

SEC. 429. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEMONSTRATION 
              PROJECT.

    Within 18 months after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration 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 
mandatory minimum altitude of at least 5,000 feet above ground level.

SEC. 430. AIRLINE MARKETING DISCLOSURE.

    (a) Definitions.--In this section:
            (1) Air carrier.--The term ``air carrier'' 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 section 40102 of title 49, 
        United States Code.
    (b) Final Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall promulgate 
final regulations to provide for improved oral and written disclosure 
to each consumer of air transportation concerning the corporate name of 
the air carrier that provides the air transportation purchased by that 
consumer. In issuing the regulations issued under this subsection, the 
Secretary shall take into account the proposed regulations issued by 
the Secretary on January 17, 1995, published at page 3359, volume 60, 
Federal Register.

SEC. 431. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT.

    (a) In General.--Section 2 of the Death on the High Seas Act (46 
U.S.C. App. 762) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        recovery''; and
            (2) by adding at the end thereof the following:
    ``(b) Commercial Aviation.--
            ``(1) In general.--If the death was caused during 
        commercial aviation, additional compensation for nonpecuniary 
        damages for wrongful death of a decedent is recoverable in a 
        total amount, for all beneficiaries of that decedent, that 
        shall not exceed the greater of the pecuniary loss sustained or 
        a sum total of $750,000 from all defendants for all claims. 
        Punitive damages are not recoverable.
            ``(2) Inflation adjustment.--The $750,000 amount shall be 
        adjusted, beginning in calendar year 2000 by the increase, if 
        any, in the Consumer Price Index for all urban consumers for 
        the prior year over the Consumer Price Index for all urban 
        consumers for the calendar year 1998.
            ``(3) Nonpecuniary damages.--For purposes of this 
        subsection, the term `nonpecuniary damages' means damages for 
        loss of care, comfort, and companionship.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to any death caused during commercial aviation occurring after July 16, 
1996.

SEC. 432. FAA STUDY OF BREATHING HOODS.

    The Administrator shall study whether breathing hoods currently 
available for use by flight crews when smoke is detected are adequate 
and report the results of that study to the Congress within 120 days 
after the date of enactment of this Act.

SEC. 433. FAA STUDY OF ALTERNATIVE POWER SOURCES FOR FLIGHT DATA 
              RECORDERS AND COCKPIT VOICE RECORDERS.

    The Administrator of the Federal Aviation Administration shall 
study the need for an alternative power source for on-board flight data 
recorders and cockpit voice recorders and shall report the results of 
that study to the Congress within 120 days after the date of enactment 
of this Act. If, within that time, the Administrator determines, after 
consultation with the National Transportation Safety Board that the 
Board is preparing recommendations with respect to this subject matter 
and will issue those recommendations within a reasonable period of 
time, the Administrator shall report to the Congress the 
Administrator's comments on the Board's recommendations rather than 
conducting a separate study.

SEC. 434. PASSENGER FACILITY FEE LETTERS OF INTENT.

    The Secretary of Transportation may not require an eligible agency 
(as defined in section 40117(a)(2) of title 49, United States Code), to 
impose a passenger facility fee (as defined in section 40117(a)(4) of 
that title) in order to obtain a letter of intent under section 47110 
of that title.

SEC. 435. ELIMINATION OF HAZMAT ENFORCEMENT BACKLOG.

    (a) Findings.--The Congress makes the following findings:
            (1) The transportation of hazardous materials continues to 
        present a serious aviation safety problem which poses a 
        potential threat to health and safety, and can result in 
        evacuations, emergency landings, fires, injuries, and deaths.
            (2) Although the Federal Aviation Administration budget for 
        hazardous materials inspection increased $10,500,000 in fiscal 
        year 1998, the General Accounting Office has reported that the 
        backlog of hazardous materials enforcement cases has increased 
        from 6 to 18 months.
    (b) Elimination of Hazardous Materials Enforcement Backlog.--The 
Administrator of the Federal Aviation Administration shall--
            (1) make the elimination of the backlog in hazardous 
        materials enforcement cases a priority;
            (2) seek to eliminate the backlog within 6 months after the 
        date of enactment of this Act; and
            (3) make every effort to ensure that inspection and 
        enforcement of hazardous materials laws are carried out in a 
        consistent manner among all geographic regions, and that 
        appropriate fines and penalties are imposed in a timely manner 
        for violations.
    (c) Information Regarding Progress.--The Administrator shall 
provide information in oral or written form to the Committee on 
Commerce, Science, and Transportation, on a quarterly basis beginning 3 
months after the date of enactment of this Act for a year, on plans to 
eliminate the backlog and enforcement activities undertaken to carry 
out subsection (b).

SEC. 436. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

    Nothwithstanding any other provision of law to the contrary, the 
Administrator of the Federal Aviation Administration may establish a 
pilot program for fiscal years 2001 through 2004 to test and evaluate 
the benefits of long-term contracts for the leasing of aviation 
equipment and facilities. The Administrator shall establish criteria 
for the program. The Administrator may enter into no more than 10 
leasing contracts under this section, each of which shall be for a 
period greater than 5 years, under which the equipment or facility 
operates. The contracts to be evaluated may include requirements 
related to oceanic and air traffic control, air-to-ground radio 
communications, and air traffic control tower construction.

SEC. 437. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

    (a) In General.--Section 41706 is amended to read as follows:
``Sec. 41706. Prohibitions against smoking on scheduled flights
    ``(a) Smoking Prohibition in Intrastate and Interstate Air 
Transportation.--An individual may not smoke in an aircraft on a 
scheduled airline flight segment in interstate air transportation or 
intrastate air transportation.
    ``(b) Smoking Prohibition in Foreign Air Transportation.--The 
Secretary of Transportation (referred to in this subsection as the 
`Secretary') shall require all air carriers and foreign air carriers to 
prohibit on and after October 1, 1999, smoking in any aircraft on a 
scheduled airline flight segment within the United States or between a 
place in the United States and a place outside the United States.
    ``(c) Limitation on Applicability.--
            ``(1) In general.--If a foreign government objects to the 
        application of subsection (b) on the basis that subsection 
        provides for an extraterritorial application of the laws of the 
        United States, the Secretary may waive the application of 
        subsection (b) to a foreign air carrier licensed by that 
        foreign government at such time as an alternative prohibition 
        negotiated under 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 
        subsection (b), the Secretary shall enter into bilateral 
        negotiations with the objecting foreign government to provide 
        for an alternative smoking prohibition.
    ``(d) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 60 days after the date of enactment of 
this Act.

SEC. 438. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

    Section 47118 is amended--
            (1) by striking ``12.'' in subsection (a) and inserting 
        ``15.''; and
            (2) by striking ``5-fiscal-year periods'' in subsection (d) 
        and inserting ``periods, each not to exceed 5 fiscal years,''.

SEC. 439. ROLLING STOCK EQUIPMENT.

    (a) In General.--Section 1168 of title 11, United States Code, is 
amended to read as follows:
``Sec. 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 in 
paragraph (2) to take possession of such equipment in compliance 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 conditional 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 conditionally 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.
    ``(3) Paragraph (1) applies to a secured party, lessor, or 
conditional 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 
immediately surrender and return to a secured party, lessor, or 
conditional 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 conditional 
vendor is entitled pursuant to subsection (a)(1) to take possession of 
such equipment and makes a written demand for such possession of the 
trustee.
    ``(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 
        contemporaneous 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 substantially 
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:
``Sec. 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 conditional 
        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 of--
                            ``(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.
    ``(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 
conditional 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 
immediately surrender and return to a secured party, lessor, or 
conditional 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 conditional 
vendor is entitled pursuant to subsection (a)(1) to take possession 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 
        contemporaneous 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. 440. MONROE REGIONAL AIRPORT LAND CONVEYANCE.

    The Secretary of Transportation may waive all terms contained in 
the 1949 deed of conveyance under which the United States conveyed 
certain property then constituting Selman Field, Louisiana, to the City 
of Monroe, Louisiana, subject to the following conditions:
            (1) The city agrees that in conveying any interest in such 
        property the city will receive an amount for such interest that 
        is equal to the fair market value for such interest.
            (2) The amount received by the city for such conveyance 
        shall be used by the city--
                    (A) for the development, improvement, operation, or 
                maintenance of a public airport; or
                    (B) for the development or improvement of the 
                city's airport industrial park co-located with the 
                Monroe Regional Airport to the extent that such 
                development or improvement will result in an increase, 
                over time, in the amount the industrial park will pay 
                to the airport to an amount that is greater than the 
                amount the city received for such conveyance.

SEC. 441. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

    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 
of Transportation 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.

SEC. 442. REPORT ON SPECIALTY METALS CONSORTIUM.

    The Administrator of the Federal Aviation Administration may work 
with a consortium of domestic metal producers and aircraft engine 
manufacturers to improve the quality of turbine engine materials and to 
address melting technology enhancements. The Administrator shall report 
to the Congress within 6 months after entering into an agreement with 
any such consortium of such producers and manufacturers on the goals 
and efforts of the consortium.

SEC. 443. PAVEMENT CONDITION.

    The Administrator of the Federal Aviation Administration may 
conduct a study on the extent of alkali silica reactivity-induced 
pavement distress in concrete runways, taxiways, and aprons for 
airports comprising the national air transportation system. If the 
Administrator conducts such a study, it shall include a determination 
based on in-the-field inspections followed by petrographic analysis or 
other similar techniques.

SEC. 444. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM.

    (a) In General.--Subchapter I of chapter 471 is further amended by 
adding at the end the following:
``Sec. 47137. Inherently low-emission airport vehicle pilot program
    ``(a) In General.--The Secretary of Transportation shall carry out 
a pilot program at not more than 10 public-use airports under which the 
sponsors of such airports may use funds made available under section 
48103 for use at such airports to carry out inherently low-emission 
vehicle activities. Notwithstanding any other provision of this 
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(d)).
            ``(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 
        applications 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 Government's share of 
the costs of a project carried out under the pilot program shall be 50 
percent.
    ``(e) Maximum Amount.--Not more than $2,000,000 may be expended 
under the pilot program at any single public-use airport.
    ``(f) Technical Assistance.--
            ``(1) In general.--Participants carrying out inherently 
        low-emission vehicle activities under this pilot program may 
        use no less than 10 percent of the amounts made available for 
        expenditure at the airport under the pilot program to receive 
        technical assistance in carrying out such activities.
            ``(2) Eligible consortium.--To the maximum extent 
        practicable, 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).
            ``(3) Planning assistance.--The administrator may provide 
        $500,000 from funds made available under section 48103 to a 
        multi-State, western regional technology consortium for the 
        purposes of developing for dissemination prior to the 
        commencement of the pilot program a comprehensive best 
        practices planning guide that addresses appropriate 
        technologies, environmental and economic impacts, and the role 
        of planning and mitigation strategies.
    ``(g) Report to Congress.--Not later than 18 months after the date 
of the enactment of the Air Transportation Improvement Act, 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 
        participants to the pilot program is transferred among the 
        participants and to other interested parties, including other 
        public-use airports.
    ``(h) 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, 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 methanol;
                    ``(B) are labeled in accordance with section 
                88.312-93(c) of such title; and
                    ``(C) are located or primarily used at public-use 
                airports;
            ``(2) the construction of infrastructure or modifications 
        at public-use airports to enable the delivery of fuel and 
        services necessary for the use of non-road 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 methanol;
                    ``(B) meet or exceed the standards set forth in 
                section 86.1708-99 of title 40 of the Code of Federal 
                Regulations, 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 
                airports;
            ``(3) the payment of that portion of the cost of acquiring 
        such vehicles 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 following:

``47137. Inherently low-emission airport vehicle pilot program.''.

SEC. 445. 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.), the Secretary of Transportation (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 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 enactment of this Act for the conveyance of lands to 
a public institution of higher education in Oklahoma.
    (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 lands.--An institution of higher education that 
        is issued a waiver under subsection (a) may use revenues 
        derived from the use, operation, or disposal of that land only 
        for weather-related and educational purposes that include 
        benefits for aviation.
    (d) 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 enactment of this Act, 
        then the Secretary of Transportation 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 of Transportation 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.

SEC. 446. AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED WEATHER 
              OBSERVING SYSTEM UPGRADE.

    Section 48101 is further amended by adding at the end the 
following:
    ``(f) Automated Surface Observation System/Automated Weather 
Observing System Upgrade.--Of the amounts appropriated under subsection 
(a) for fiscal years beginning after September 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.''.

SEC. 447. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION SYSTEM.

    The Administrator of the Federal Aviation Administration 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. 448. COST/BENEFIT ANALYSIS FOR RETROFIT OF 16G SEATS.

    Before the Administrator of the Federal Aviation Administration 
issues a final rule requiring the air carriers to retrofit existing 
aircraft with 16G seats, the Administrator shall conduct, in 
consultation with the Inspector General of the Department of 
Transportation, a comprehensive analysis of the costs and benefits that 
would be associated with the issuance of such a final rule.

SEC. 449. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.

    The Secretary of Transportation may grant a release from any term 
or condition in a grant agreement for the development or improvement of 
the Raleigh County Memorial Airport, West Virginia, if the Secretary 
determines that the property to be released--
            (1) does not exceed 400 acres; and
            (2) is not needed for airport purposes.

SEC. 450. AIRPORT SAFETY NEEDS.

    (a) In General.--The Administrator shall conduct a study reviewing 
current and future airport safety needs that--
            (1) focuses specifically on the mission of rescue 
        personnel, rescue operations response time, and extinguishing 
        equipment; and
            (2) gives particular consideration to the need for 
        different requirements for airports that are related to the 
        size of the airport and the size of the community immediately 
        surrounding the airport.
    (b) Report Transmitted to Congress; Deadline.--The Administrator 
shall transmit a report containing the Administrator's findings and 
recommendations to the Aviation Subcommittee of the Senate Committee on 
Commerce, Science, and Transportation and the Aviation Subcommittee of 
the House of Representatives Committee on Transportation and 
Infrastructure within 6 months after the date of enactment of this Act.
    (c) Cost/benefit Analysis of Proposed Changes.--If the 
Administrator recommends, on the basis of a study conducted under 
subsection (a), that part 139 of title 14, Code of Federal Regulations, 
should be revised to meet current and future airport safety needs, the 
Administrator shall include a cost-benefit analysis of any recommended 
changes in the report.

SEC. 451. FLIGHT TRAINING OF INTERNATIONAL STUDENTS.

    The Federal Aviation Administration shall implement a bilateral 
aviation safety agreement for conversion of flight crew licenses 
between the government of the United States and the Joint Aviation 
Authority member governments.

SEC. 452. GRANT PARISH, LOUISIANA.

    In General.--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, 
Louisiana'', dated August 1, 1996, to the extent such restrictions, 
conditions, 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) Mineral Rights.--Nothing in subsection (a) affects the 
ownership or disposition of oil, gas, or other mineral resources 
associated with land described in subsection (a).

SEC. 453. DESIGNATION OF GENERAL AVIATION AIRPORT.

    Section 47118 of title 49, United States Code, is amended--
            (1) in the second sentence of subsection (a), by striking 
        ``12'' and inserting ``15''; and
            (2) by adding at the end the following new subsection:
    ``(g) Designation of General Aviation Airport.--Notwithstanding any 
other provision of this section, at least one of the airports 
designated under subsection (a) may be a general aviation airport that 
is a former military installation closed or realigned under a law 
described in subsection (a)(1).''.

SEC. 454. AIRLINE DEREGULATION STUDY COMMISSION.

    (a) Establishment of Commission.--
            (1) Establishment.--There is established a commission to be 
        known as the Airline Deregulation Study Commission (in this 
        section referred to as the ``Commission'').
            (2) Membership.--
                    (A) Composition.--Subject to subparagraph (B), the 
                Commission shall be composed of 15 members of whom--
                            (i) 5 shall be appointed by the President;
                            (ii) 5 shall be appointed by the President 
                        pro tempore of the Senate, 3 upon the 
                        recommendation of the Majority Leader, and 2 
                        upon the recommendation of the Minority Leader 
                        of the Senate; and
                            (iii) 5 shall be appointed by the Speaker 
                        of the House of Representatives, 3 upon the 
                        Speaker's own initiative, and 2 upon the 
                        recommendation of the Minority Leader of the 
                        House of Representatives.
                    (B) Members from rural areas.--
                            (i) Requirement.--Of the individuals 
                        appointed to the Commission under subparagraph 
                        (A)--
                                    (I) one of the individuals 
                                appointed under clause (i) of that 
                                subparagraph shall be an individual who 
                                resides in a rural area; and
                                    (II) two of the individuals 
                                appointed under each of clauses (ii) 
                                and (iii) of that subparagraph shall be 
                                individuals who reside in a rural area.
                            (ii) Geographic distribution.--The 
                        appointment of individuals under subparagraph 
                        (A) pursuant to the requirement in clause (i) 
                        of this subparagraph shall, to the maximum 
                        extent practicable, be made so as to ensure 
                        that a variety of geographic areas of the 
                        country are represented in the membership of 
                        the Commission.
                    (C) Date.--The appointments of the members of the 
                Commission shall be made not later than 60 days after 
                the date of the enactment of this Act.
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Commission. Any vacancy in the 
        Commission shall not affect its powers, but shall be filled in 
        the same manner as the original appointment.
            (4) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (5) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
            (6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson.--The Commission shall select a Chairman 
        and Vice Chairperson from among its members.
    (b) Duties of the Commission.--
            (1) Study.--
                    (A) Definitions.--In this subsection, the terms 
                `air carrier' and `air transportation' have the 
                meanings given those terms in section 40102(a).
                    (B) Contents.--The Commission shall conduct a 
                thorough study of the impacts of deregulation of the 
                airline industry of the United States on--
                            (i) the affordability, accessibility, 
                        availability, and quality of air 
                        transportation, particularly in small-sized and 
                        medium-sized communities;
                            (ii) economic development and job creation, 
                        particularly in areas that are underserved by 
                        air carriers;
                            (iii) the economic viability of small-sized 
                        airports; and
                            (iv) the long-term configuration of the 
                        United States passenger air transportation 
                        system.
                    (C) Measurement factors.--In carrying out the study 
                under this subsection, the Commission shall develop 
                measurement factors to analyze the quality of passenger 
                air transportation service provided by air carriers by 
                identifying the factors that are generally associated 
                with quality passenger air transportation service.
                    (D) Business and leisure travel.--In conducting 
                measurements for an analysis of the affordability of 
                air travel, to the extent practicable, the Commission 
                shall provide for appropriate control groups and 
                comparisons with respect to business and leisure 
                travel.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Commission shall submit an interim 
        report to the President and Congress, and not later than 18 
        months after the date of the enactment of this Act, the 
        Commission shall submit a report to the President and Congress. 
        Each such report shall contain a detailed statement of the 
        findings and conclusions of the Commission, together with its 
        recommendations for such legislation and administrative actions 
        as it considers appropriate.
    (c) Powers of the Commission.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out the duties of the Commission under this section.
            (2) Information from federal agencies.--The Commission 
        shall consult with the Comptroller General of the United States 
        and may secure directly from any Federal department or agency 
        such information as the Commission considers necessary to carry 
        out the duties of the Commission under this section. Upon 
        request of the Chairperson of the Commission, the head of such 
        department or agency shall furnish such information to the 
        Commission.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Commission Personnel Matters.--
            (1) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            (2) Staff.--
                    (A) In general.--The Chairperson of the Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Commission to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Commission.
                    (B) Compensation.--The Chairperson of the 
                Commission may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the executive 
                director and other personnel may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of such title.
            (3) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (4) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (e) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits its report under 
subsection (b).
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $950,000 for fiscal year 2000 to the Commission to carry out 
        this section.
            (2) Availability.--Any sums appropriated pursuant to the 
        authorization of appropriations in paragraph (1) shall remain 
        available until expended.

SEC. 455. NONDISCRIMINATION IN THE USE OF PRIVATE AIRPORTS.

    Chapter 401 of subtitle VII of title 49, United States Code, is 
amended by inserting the following new section after section 40122:
``Sec. 40123. Nondiscrimination in the use of private airports
    ``(a) In General.--Notwithstanding any other provision of law, no 
State, county, city or municipal 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, creed, color, national 
origin, sex, or ancestry.''.

SEC. 456. CURFEW.

    Notwithstanding any other provision of law, any exemptions granted 
to air carriers under this Act may not result in additional operations 
at Ronald Reagan Washington National Airport between the hours of 10:00 
p.m. and 7:00 a.m.

SEC. 457. FEDERAL AVIATION ADMINISTRATION YEAR 2000 TECHNOLOGY SAFETY 
              ENFORCEMENT ACT OF 1999.

    (a) Short Title.--This section be cited as the ``Federal Aviation 
Administration Year 2000 Technology Safety Enforcement Act of 1999''.
    (b) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Air carrier operating certificate.--The term ``air 
        carrier operating certificate'' has the same meaning as in 
        section 44705 of title 49, United States Code.
            (3) Year 2000 technology problem.--The term ``year 2000 
        technology problem'' means a failure by any device or system 
        (including any computer system and any microchip or integrated 
        circuit embedded in another device or product), or any 
        software, firmware, or other set or collection of processing 
        instructions to process, to calculate, to compare, to sequence, 
        to display, to store, to transmit, or to receive year-2000 
        date-related data failures--
                    (A) to deal with or account for transitions or 
                comparisons from, into, and between the years 1999 and 
                2000 accurately;
                    (B) to recognize or accurately process any specific 
                date in 1999, 2000, or 2001; or
                    (C) to accurately account for the year 2000's 
                status as a leap year, including recognition and 
                processing of the correct date on February 29, 2000.
    (c) Response To Request for Information.--Any person who has an air 
carrier operating certificate shall respond on or before November 1, 
1999, to any request for information from the Administrator regarding 
readiness of that person with regard to the year 2000 technology 
problem as it relates to the compliance of that person with applicable 
safety regulations.
    (d) Failure To Respond.--
            (1) Surrender of certificate.--After November 1, 1999, the 
        Administrator shall make a decision on the record whether to 
        compel any air carrier that has not responded on or before 
        November 1, 1999, to a request for information regarding the 
        readiness of that air carrier with regard to the year 2000 
        technology problem as it relates to the air carrier's 
        compliance with applicable safety regulations to surrender its 
        operating certificate to the Administrator.
            (2) Reinstatement of certificate.--The Administrator may 
        return an air carrier operating certificate that has been 
        surrendered under this subsection upon--
                    (A) a finding by the Administrator that a person 
                whose certificate has been surrendered has provided 
                sufficient information to demonstrate compliance with 
                applicable safety regulations as it relates to the year 
                2000 technology problem; or
                    (B) upon receipt of a certification, signed under 
                penalty or perjury, by the chief operating officer of 
                the air carrier, that such air carrier has addressed 
                the year 2000 technology problem so that the air 
                carrier will be in full compliance with applicable 
                safety regulations on and after January 1, 2000.

SEC. 458. 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 from 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 of Transportation should--
            (1) include northern Delaware in any study of aircraft 
        noise conducted under part 150 of title 14 of the 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 
        Brandywine Hundred); and
            (3) study the feasibility of increasing the standard 
        altitude over the Brandywine Intercept from 3,000 feet to 4,000 
        feet.

SEC. 459. STUDY OF OUTDOOR AIR, VENTILATION, AND RECIRCULATION AIR 
              REQUIREMENTS FOR PASSENGER CABINS IN COMMERCIAL AIRCRAFT.

    (a) Definitions.--In this section, the terms ``air carrier'' and 
``aircraft'' have the meanings given those terms in section 40102 of 
title 49, United States Code.
    (b) In General.--As soon as practicable after the date of enactment 
of this section, the Secretary of Transportation (referred to in this 
section as the ``Secretary'') shall conduct a study of sources of air 
supply contaminants of aircraft and air carriers to develop 
alternatives to replace engine and auxiliary power unit bleed air as a 
source of air supply. To carry out this paragraph, the Secretary may 
enter into an agreement with the Director of the National Academy of 
Sciences for the National Research Council to conduct the study.
    (c)  Availability of Information.--Upon completion of the study 
under this section in one year's time, the Administrator of the Federal 
Aviation Administration shall make available the results of the study 
to air carriers through the Aviation Consumer Protection Division of 
the Office of the General Counsel for the Department of Transportation.

SEC. 460. GENERAL AVIATION METROPOLITAN ACCESS AND RELIEVER AIRPORT 
              GRANT FUND.

    (a) Definition.--Title 49, United States Code, is amended by adding 
the following new subparagraph at the end of section 47144(d)(1):
                    ``(C) General aviation metropolitan access and 
                reliever airport.--`General Aviation Metropolitan 
                Access and Reliever Airport' means a Reliever Airport 
                which has annual operations in excess of 75,000 
                operations, a runway with a minimum usable landing 
                distance of 5,000 feet, a precision instrument landing 
                procedure, a minimum of 150 based aircraft, and where 
                the adjacent Air Carrier Airport exceeds 20,000 hours 
                of annual delays as determined by the Federal Aviation 
                Administration.''.
    (b) Apportionment.--Title 49, United States Code, section 47114(d), 
is amended by adding at the end:
            ``(4) The Secretary shall apportion an additional 5 percent 
        of the amount subject to apportionment for each fiscal year to 
        States that include a General Aviation Metropolitan Access and 
        Reliever Airport equal to the percentage of the apportionment 
        equal to the percentage of the number of operations of the 
        State's eligible General Aviation Metropolitan Access and 
        Reliever Airports compared to the total operations of all 
        General Aviation Metropolitan Access and Reliever Airports.''.

SEC. 461. STUDY ON AIRPORT NOISE.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall submit a study on airport noise to Congress, 
the Secretary of Transportation, and the Administrator of the Federal 
Aviation Administration.
    (b) Areas of Study.--The study shall examine--
            (1) the selection of noise measurement methodologies used 
        by the Administrator of the Federal Aviation Administration;
            (2) the threshold of noise at which health impacts are 
        felt;
            (3) the effectiveness of noise abatement programs at 
        airports around the United States; and
            (4) the impacts of aircraft noise on students and educators 
        in schools.
    (c) Recommendations.--The study shall include specific 
recommendations to the Secretary of Transportation and the 
Administrator of the Federal Aviation Administration concerning new 
measures that should be implemented to mitigate the impact of aircraft 
noise on communities surrounding airports.

SEC. 462. SENSE OF THE SENATE CONCERNING EAS.

    (a) Sense of the Senate.--It is the sense of the Senate that--
            (1) essential air service (EAS) to smaller communities 
        remains vital, and that the difficulties encountered by many 
        communities in retaining EAS warrant increased Federal 
        attention;
            (2) the FAA should give full consideration to ending the 
        local match required by Dickinson, North Dakota.
    (b) Report.--Not later than 60 days after enactment of this 
legislation, the Secretary of Transportation shall report to the 
Congress with an analysis of the difficulties faced by many smaller 
communities in retaining EAS and a plan to facilitate easier EAS 
retention. This report shall give particular attention to communities 
in North Dakota.

SEC. 463. AIRLINE QUALITY SERVICE REPORTS.

    The Secretary of Transportation shall modify the Airline Service 
Quality Performance reports required under part 234 of title 14, Code 
of Federal Regulations, to more fully disclose to the public the nature 
and source of delays and cancellations experienced by air travelers. 
Such modifications shall include a requirement that air carriers report 
delays and cancellations in categories which reflect the reasons for 
such delays and cancellations. Such categories and reporting shall be 
determined by the Administrator in consultation with representatives of 
airline passengers, air carriers, and airport operators, and shall 
include delays and cancellations caused by air traffic control.

SEC. 464. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE 
              PARTS IN INTERSTATE OR FOREIGN COMMERCE.

    (a) Short Title.--This section may be cited as the ``Aircraft 
Safety Act of 1999''.
    (b) Definitions.--Section 31 of title 18, United States Code, is 
amended by striking all after the section heading and inserting the 
following:
    ``(a) In General.--
            ``(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, 
        repaired, overhauled, rebuilt, reconditioned, or restored in 
        conformity with applicable standards specified by law 
        (including a regulation) or contract.
            ``(3) Destructive substance.--The term `destructive 
        substance' means an explosive substance, flammable material, 
        infernal machine, or other chemical, mechanical, or radioactive 
        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 
                embarkation 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 
                preparation 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 purposes 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, 
        territory, 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:
``Sec. 38. Fraud involving aircraft or space vehicle parts in 
              interstate or foreign commerce
    ``(a) Offenses.--A person that, in or affecting interstate or 
foreign commerce, knowingly--
            ``(1)(A) falsifies or conceals a material fact;
            ``(B) makes any materially fraudulent representation; 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;
            ``(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 subsection 
(a) is as follows:
            ``(1) Aviation quality.--If the offense relates to the 
        aviation quality of a part and the part is installed in an 
        aircraft or space vehicle, a fine of not more than $500,000, 
        imprisonment for not more than 25 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 probable cause of a 
        malfunction or failure that results in serious bodily injury 
        (as defined in section 1365) to or the death of any person, a 
        fine of not more than $1,000,000, imprisonment for any term of 
        years or life, or both.
            ``(3) Organizations.--If the offense is committed by an 
        organization, a fine of not more than $25,000,000.
            ``(4) Other circumstances.--In the case of an offense not 
        described in paragraph (1), (2), or (3), a fine under this 
        title, imprisonment for not more than 15 years, or both.
    ``(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, 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 dissolution or reorganization of any 
                enterprise, 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 
        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 estop the defendant from denying the essential 
        allegations of the criminal offense in any subsequent civil 
        proceeding 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 
        provision 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.
            ``(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 applies to conduct occurring 
inside or outside the United States.
    ``(g) Authorized Investigative Demand Procedures.--
            ``(1) Authorization.--
                    ``(A) Subpoenas.--In any investigation relating to 
                any act or activity involving an offense under this 
                section, the Attorney General may issue in writing and 
                cause to be served a subpoena--
                            ``(i) requiring the production of any 
                        record (including any book, paper, document, 
                        electronic medium, or other object or tangible 
                        thing) that may be relevant to an authorized 
                        law enforcement inquiry, that a person or legal 
                        entity may possess or have care or custody of 
                        or control over; and
                            ``(ii) requiring a custodian of a record to 
                        give testimony concerning the production and 
                        authentication of the record.
                    ``(B) Contents.--A subpoena under subparagraph (A) 
                shall--
                            ``(i) describe the object required to be 
                        produced; and
                            ``(ii) prescribe a return date within a 
                        reasonable period of time within which the 
                        object can be assembled and produced.
                    ``(C) Limitation.--The production of a record shall 
                not be required under this section at any place more 
                than 500 miles from the place at which the subpoena for 
                the production of the record is served.
                    ``(D) Witness fees.--A witness summoned under this 
                section shall be paid the same fees and mileage as are 
                paid witnesses in courts of the United States.
    ``(b) Service.--
            ``(1) In general.--A subpoena issued under subsection (a) 
        may be served by any person who is at least 18 years of age and 
        is designated in the subpoena to serve the subpoena.
            ``(2) Natural persons.--Service of a subpoena issued under 
        subsection (a) on a natural person may be made by personal 
        delivery of the subpoena to the person.
            ``(3) Corporations and other organizations.--Service of a 
        subpoena issued under subsection (a) on a domestic or foreign 
        corporation or on a partnership or other unincorporated 
        association that is subject to suit under a common name may be 
        made by delivering the subpoena to an officer, to a managing or 
        general agent, or to any other agent authorized by appointment 
        or by law to receive service of process for the corporation, 
        partnership, or association.
            ``(4) Proof of service.--The affidavit of the person 
        serving the subpoena entered or a true copy of such an 
        affidavit shall be proof of service.
    ``(c) Enforcement.--
            ``(1) In general.--In the case of a failure to comply with 
        a subpoena issued under subsection (a), the Attorney General 
        may invoke the aid of any court of the United States within the 
        jurisdiction of which the investigation is carried on or of 
        which the subpoenaed person is an inhabitant, or in which the 
        subpoenaed person carries on business or may be found, to 
        compel compliance with the subpoena.
            ``(2) Orders.--The court may issue an order requiring the 
        subpoenaed person to appear before the Attorney General to 
        produce a record or to give testimony concerning the production 
        and authentication of a record.
            ``(3) Contempt.--Any failure to obey the order of the court 
        may be punished by the court as a contempt of court.
            ``(4) Process.--All process in a case under this subsection 
        may be served in any judicial district in which the subpoenaed 
        person may be found.
    ``(d) Immunity From Civil Liability.--Notwithstanding any Federal, 
State, or local law, any person (including any officer, agent, or 
employee of a person) that receives a subpoena under this section, who 
complies in good faith with the subpoena and produces a record or 
material sought by a subpoena under this section, shall not be liable 
in any court of any State or the United States to any customer or other 
person for the production or for nondisclosure of the production to the 
customer.''.
            (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 commerce.''.
                    (B) Wire and electronic communications.--Section 
                2516(1)(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 aircraft facilities),''.

SEC. 465. PRESERVATION OF ESSENTIAL AIR SERVICE AT DOMINATED HUB 
              AIRPORTS.

    (a) In General.--Subchapter II of chapter 417 is amended by adding 
at the end thereof the following:
``Sec. 41743. Preservation of basic essential air service at dominated 
              hub airports
    ``(a) In General.--If the Secretary of Transportation determines 
that extraordinary circumstances jeopardize the reliable and 
competitive performance of essential air service under this subchapter 
from a subsidized essential air service community to and from an 
essential airport facility, then the Secretary may require the air 
carrier that has more than 50 percent of the total annual enplanements 
at the essential airport facility to take action to enable an air 
carrier to provide reliable and competitive essential air service to 
that community. Action 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 
performance 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 1 air carrier 
has more than 50 percent of the total annual enplanements at that 
airport.''.

SEC. 466. AVAILABILITY OF FUNDS FOR GEORGIA'S REGIONAL AIRPORT 
              ENHANCEMENT PROGRAM.

    Of the amounts made available to the Secretary of Transportation 
for the fiscal year 2000 under section 48103 of title 49, United States 
Code, funds may be available for Georgia's regional airport enhancement 
program for the acquisition of land.

                TITLE V--AVIATION COMPETITION PROMOTION

SEC. 501. PURPOSE.

    The purpose of this title is to facilitate, through a 4-year pilot 
program, incentives and projects that will help up to 40 communities or 
consortia of communities to improve their access to the essential 
airport facilities of the national air transportation system through 
public-private partnerships and to identify and establish ways to 
overcome the unique policy, economic, geographic, and marketplace 
factors that may inhibit the availability of quality, affordable air 
service to small communities.

SEC. 502. ESTABLISHMENT OF SMALL COMMUNITY AVIATION DEVELOPMENT 
              PROGRAM.

    Section 102 is amended by adding at the end thereof the following:
    ``(g) Small Community Air Service Development Program.--
            ``(1) Establishment.--The Secretary shall establish a 4-
        year pilot aviation development program to be administered by a 
        program director designated by the Secretary.
            ``(2) Functions.--The program director shall--
                    ``(A) function as a facilitator between small 
                communities and air carriers;
                    ``(B) carry out section 41743 of this title;
                    ``(C) carry out the airline service restoration 
                program under sections 41744, 41745, and 41746 of this 
                title;
                    ``(D) ensure that the Bureau of Transportation 
                Statistics collects data on passenger information to 
                assess the service needs of small communities;
                    ``(E) 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
                    ``(F) provide policy recommendations to the 
                Secretary and the Congress that will ensure that small 
                communities have access to quality, affordable air 
                transportation services.
            ``(3) Reports.--The program director shall provide an 
        annual report to the Secretary and the Congress beginning in 
        2000 that--
                    ``(A) analyzes the availability of air 
                transportation services in small communities, 
                including, but not limited to, an assessment of the air 
                fares charged for air transportation services in small 
                communities compared to air fares charged for air 
                transportation services in larger metropolitan areas 
                and an assessment of the levels of service, measured by 
                types of aircraft used, the availability of seats, and 
                scheduling of flights, provided to small communities;
                    ``(B) identifies the policy, economic, geographic 
                and marketplace factors that inhibit the availability 
                of quality, affordable air transportation services to 
                small communities; and
                    ``(C) provides policy recommendations to address 
                the policy, economic, geographic, and marketplace 
                factors inhibiting the availability of quality, 
                affordable air transportation services to small 
                communities.''.

SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM.

    (a) In General.--Subchapter II of chapter 417 is amended by adding 
at the end thereof the following:
``Sec. 41743. Air service program for small communities
    ``(a) Communities Program.--Under advisory guidelines prescribed by 
the Secretary of Transportation, a small community or a consortia of 
small communities or a State may develop an assessment of its air 
service requirements, in such form as the program director designated 
by the Secretary under section 102(g) may require, and submit the 
assessment and service proposal to the program director.
    ``(b) Selection of Participants.--In selecting community programs 
for participation in the communities program under subsection (a), the 
program director shall apply criteria, including geographical diversity 
and the presentation of unique circumstances, that will demonstrate the 
feasibility of the program. For purposes of this subsection, the 
application of geographical diversity criteria means criteria that--
            ``(1) will promote the development of a national air 
        transportation system; and
            ``(2) will involve the participation of communities in all 
        regions of the country.
    ``(c) Carriers Program.--The program director shall invite part 121 
air carriers and regional/commuter carriers (as such terms are defined 
in section 41715(d) of this title) to offer service proposals in 
response to, or in conjunction with, community aircraft service 
assessments submitted to the office under subsection (a). A service 
proposal under this paragraph shall include--
            ``(1) an assessment of potential daily passenger traffic, 
        revenues, and costs necessary for the carrier to offer the 
        service;
            ``(2) a forecast of the minimum percentage of that traffic 
        the carrier would require the community to garner in order for 
        the carrier to start up and maintain the service; and
            ``(3) the costs and benefits of providing jet service by 
        regional or other jet aircraft.
    ``(d) Program Support Function.--The program director shall work 
with small communities and air carriers, taking into account their 
proposals and needs, to facilitate the initiation of service. The 
program director--
            ``(1) may work with communities to develop innovative means 
        and incentives for the initiation of service;
            ``(2) may obligate funds authorized under section 504 of 
        the Air Transportation Improvement Act to carry out this 
        section;
            ``(3) shall continue to work with both the carriers and the 
        communities to develop a combination of community incentives 
        and carrier service levels that--
                    ``(A) are acceptable to communities and carriers; 
                and
                    ``(B) do not conflict with other Federal or State 
                programs to facilitate air transportation to the 
                communities;
            ``(4) designate an airport in the program as an Air Service 
        Development Zone and work with the community 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;
            ``(5) take such other action under this chapter as may be 
        appropriate.
    ``(e) Limitations.--
            ``(1) Community support.--The program director may not 
        provide financial assistance under subsection (c)(2) to any 
        community unless the program director determines that--
                    ``(A) a public-private partnership exists at the 
                community level to carry out the community's proposal;
                    ``(B) the community will make a substantial 
                financial contribution that is appropriate for that 
                community's resources, but of not less than 25 percent 
                of the cost of the project in any event;
                    ``(C) the community has established an open process 
                for soliciting air service proposals; and
                    ``(D) the community will accord similar benefits to 
                air carriers that are similarly situated.
            ``(2) Amount.--The program director may not obligate more 
        than $80,000,000 of the amounts authorized under 504 of the Air 
        Transportation Improvement Act over the 4 years of the program.
            ``(3) Number of participants.--The program established 
        under subsection (a) shall not involve more than 40 communities 
        or consortia of communities.
    ``(f) Report.--The program director shall report through the 
Secretary to the Congress annually on the progress made under this 
section during the preceding year in expanding commercial aviation 
service to smaller communities.
``Sec. 41744. Pilot program project authority
    ``(a) In General.--The program director designated by the Secretary 
of Transportation under section 102(g)(1) shall establish a 4-year 
pilot program--
            ``(1) to assist communities and States with inadequate 
        access to the national transportation system to improve their 
        access to that system; and
            ``(2) to facilitate better air service link-ups to support 
        the improved access.
    ``(b) Project Authority.--Under the pilot program established 
pursuant to subsection (a), the program director may--
            ``(1) out of amounts authorized under section 504 of the 
        Air Transportation Improvement Act, provide financial 
        assistance by way of grants to small communities or consortia 
        of small communities under section 41743 of up to $500,000 per 
        year; and
            ``(2) take such other action as may be appropriate.
    ``(c) Other Action.--Under the pilot program established pursuant 
to subsection (a), the program director may facilitate service by--
            ``(1) working with airports and air carriers to ensure that 
        appropriate facilities are made available at essential 
        airports;
            ``(2) collecting data on air carrier service to small 
        communities; and
            ``(3) providing policy recommendations to the Secretary to 
        stimulate air service and competition to small communities.
    ``(d) Additional Action.--Under the pilot program established 
pursuant to subsection (a), the Secretary shall work with air carriers 
providing service to participating communities and major air carriers 
serving large hub airports (as defined in section 41731(a)(3)) to 
facilitate joint fare arrangements consistent with normal industry 
practice.
``Sec. 41745. Assistance to communities for service
    ``(a) In General.--Financial assistance provided under section 
41743 during any fiscal year as part of the pilot program established 
under section 41744(a) shall be implemented for not more than--
            ``(1) 4 communities within any State at any given time; and
            ``(2) 40 communities in the entire program at any time.
For purposes of this subsection, a consortium of communities shall be 
treated as a single community.
    ``(b) Eligibility.--In order to participate in a pilot project 
under this subchapter, a State, community, or group of communities 
shall apply to the Secretary in such form and at such time, and shall 
supply such information, as the Secretary may require, and shall 
demonstrate to the satisfaction of the Secretary that--
            ``(1) the applicant has an identifiable need for access, or 
        improved access, to the national air transportation system that 
        would benefit the public;
            ``(2) the pilot project will provide material benefits to a 
        broad section of the travelling public, businesses, educational 
        institutions, and other enterprises whose access to the 
        national air transportation system is limited;
            ``(3) the pilot project will not impede competition; and
            ``(4) the applicant has established, or will establish, 
        public-private partnerships in connection with the pilot 
        project to facilitate service to the public.
    ``(c) Coordination with Other Provisions of Subchapter.--The 
Secretary shall carry out the 4-year pilot program authorized by this 
subchapter in such a manner as to complement action taken under the 
other provisions of this subchapter. To the extent the Secretary 
determines to be appropriate, the Secretary may adopt criteria for 
implementation of the 4-year pilot program that are the same as, or 
similar to, the criteria developed under the preceding sections of this 
subchapter for determining which airports are eligible under those 
sections. The Secretary shall also, to the extent possible, provide 
incentives where no direct, viable, and feasible alternative service 
exists, taking into account geographical diversity and appropriate 
market definitions.
    ``(d) Maximization of Participation.--The Secretary shall structure 
the program established pursuant to section 41744(a) in a way designed 
to--
            ``(1) permit the participation of the maximum feasible 
        number of communities and States over a 4-year period by 
        limiting the number of years of participation or otherwise; and
            ``(2) obtain the greatest possible leverage from the 
        financial resources available to the Secretary and the 
        applicant by--
                    ``(A) progressively decreasing, on a project-by-
                project basis, any Federal financial incentives 
                provided under this chapter over the 4-year period; and
                    ``(B) terminating as early as feasible Federal 
                financial incentives for any project determined by the 
                Secretary after its implementation to be--
                            ``(i) viable without further support under 
                        this subchapter; or
                            ``(ii) failing to meet the purposes of this 
                        chapter or criteria established by the 
                        Secretary under the pilot program.
    ``(e) Success Bonus.--If Federal financial incentives to a 
community are terminated under subsection (d)(2)(B) because of the 
success of the program in that community, then that community may 
receive a one-time incentive grant to ensure the continued success of 
that program.
    ``(f) Program to Terminate in 4 Years.--No new financial assistance 
may be provided under this subchapter for any fiscal year beginning 
more than 4 years after the date of enactment of the Air Transportation 
Improvement Act.
``Sec. 41746. Additional authority
    ``In carrying out this chapter, the Secretary--
            ``(1) may provide assistance to States and communities in 
        the design and application phase of any project under this 
        chapter, and oversee the implementation of any such project;
            ``(2) may assist States and communities in putting together 
        projects under this chapter to utilize private sector 
        resources, other Federal resources, or a combination of public 
        and private resources;
            ``(3) may accord priority to service by jet aircraft;
            ``(4) take such action as may be necessary to ensure that 
        financial resources, facilities, and administrative 
        arrangements made under this chapter are used to carry out the 
        purposes of title V of the Air Transportation Improvement Act; 
        and
            ``(5) shall work with the Federal Aviation Administration 
        on airport and air traffic control needs of communities in the 
        program.''.
    (b) Conforming Amendment.--The chapter analysis for subchapter II 
of chapter 417 is amended by inserting after the item relating to 
section 41742 the following:

``41743. Air service program for small communities.
``41744. Pilot program project authority.
``41745. Assistance to communities for service.
``41746. Additional authority.''.
    (c) 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.''.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Transportation $80,000,000 to carry out sections 41743 through 41746 of 
title 49, United States Code, for the 4 fiscal-year period beginning 
with fiscal year 2000.

SEC. 505. MARKETING PRACTICES.

    Section 41712 is amended--
            (1) by inserting ``(a) In General.--'' before ``On''; and
            (2) by adding at the end thereof the following:
    ``(b) Marketing Practices That Adversely Affect Service to Small or 
Medium Communities.--Within 180 days after the date of enactment of the 
Air Transportation Improvement 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;
            ``(4) gate arrangements at airports;
            ``(5) exclusive dealing arrangements; and
            ``(6) any other marketing practice that may have the same 
        effect.
    ``(c) Regulations.--If the Secretary finds, after conducting the 
review required by subsection (b), that marketing practices inhibit the 
availability of such service to such communities, then, after public 
notice and an opportunity for comment, the Secretary may promulgate 
regulations that address the problem, or take other appropriate action. 
Nothing in this section expands the authority or jurisdiction of the 
Secretary to promulgate regulations under the Federal Aviation Act or 
under any other Act.''.

SEC. 506. 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) 45-Day Application Process.--
            ``(1) Request for slot exemptions.--Any slot exemption 
        request filed with the Secretary under this section, section 
        41717, or 41719 shall include--
                    ``(A) the names of the airports to be served;
                    ``(B) the times requested; and
                    ``(C) such additional information as the Secretary 
                may require.
            ``(2) Action on request; failure to act.--Within 45 days 
        after a slot exemption request under this section, section 
        41717, or section 41719 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; or
                    ``(C) deny the request and state the reasons for 
                its denial.
            ``(3) 45-day period tolled for timely request for more 
        information.--If the Secretary returns the request for 
        additional information during the first 10 days after the 
        request is filed, then the 45-day period shall be tolled until 
        the date on which the additional information is filed with the 
        Secretary.
            ``(4) Failure to determine deemed approval.--If the 
        Secretary neither approves the request under paragraph (2)(A) 
        nor denies the request under subparagraph (2)(C) within the 45-
        day period beginning on the date it is received, excepting any 
        days during which the 45-day period is tolled under paragraph 
        (3), then the request is deemed to have been approved on the 
        46th day after it was filed with the Secretary.''.
            (2) Exemptions may not be bought or sold.--Section 41714 is 
        further amended by adding at the end the following:
    ``(j) Exemptions May Not Be Bought or Sold.--No exemption from the 
requirements of subparts K and S of part 93 of title 14, Code of 
Federal Regulations, granted under this section, section 41717, or 
section 41719 may be bought or sold by the carrier to which it is 
granted.''.
            (3) Equal treatment of affiliated carriers.--Section 41714, 
        as amended by paragraph (2), is further amended by adding at 
        the end thereof the following:
    ``(k) Affiliated Carriers.--For purposes of this section, section 
41717, 41718, and 41719, the Secretary shall treat all commuter air 
carriers that have cooperative agreements, including code-share 
agreements, with other air carriers equally for determining eligibility 
for the application of any provision of those sections regardless of 
the form of the corporate relationship between the commuter air carrier 
and the other air carrier.''.
            (4) New entrant slots.--Section 41714(c) is amended--
                    (A) by striking ``(1) In general.--'';
                    (B) by striking ``and the circumstances to be 
                exceptional,''; and
                    (C) by striking paragraph (2).
            (5) Limited incumbent; regional jet.--Section 40102 is 
        amended by--
                    (A) inserting after paragraph (28) the following:
            ``(28A) 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 `20' shall be 
        substituted for `12' in sections 93.213(a)(5), 93.223(c)(3), 
        and 93.225(h) as such sections were in effect on August 1, 
        1998.''; and
                    (B) inserting after paragraph (37) the following:
            ``(37A) The term `regional jet' means a passenger, 
        turbofan-powered aircraft carrying not fewer than 30 and not 
        more than 50 passengers.''.
    (b) Phase-out of Slot Rules.--Chapter 417 is amended--
            (1) by redesignating sections 41715 and 41716 as sections 
        41720 and 41721; and
            (2) by inserting after section 41714 the following:
``Sec. 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 after 
December 31, 2006, at LaGuardia Airport or John F. Kennedy 
International Airport.
    ``(b) FAA Safety Authority Not Compromised.--Nothing in subsection 
(a) affects the Federal Aviation Administration's authority for safety 
and the movement of air traffic.
    (c) Preservation of Existing Service.--Chapter 417, as amended by 
subsection (b), is amended by inserting after section 41715 the 
following:
``Sec. 41716. Preservation of certain existing slot-related air service
    ``An air carrier that provides air transportation of passengers 
from a high density airport (other than Ronald Reagan Washington 
National Airport) to a small hub airport or nonhub airport, or to an 
airport that is smaller than a small hub or nonhub airport, on or 
before the date of enactment of the Air Transportation Improvement Act 
pursuant to an exemption 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), or where slots were issued to an 
airline conditioned on a specific airport being served, may not 
terminate air transportation service for that route for a period of 2 
years (with respect to service from LaGuardia Airport or John F. 
Kennedy International Airport), or 4 years (with respect to service 
from Chicago O'Hare International Airport), after the date on which 
those requirements cease to apply to that high density airport 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 41720 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.''.
    (d) Special Rules Affecting LaGuardia Airport and John F. Kennedy 
International Airport.--Chapter 417, as amended by subsection (c), is 
amended by inserting after section 41716 the following:
``Sec. 41717. Interim slot rules at New York airports
    ``(a) In General.--The Secretary of Transportation may, by order, 
grant 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) with respect to a regional jet aircraft 
providing air transportation between LaGuardia Airport or John F. 
Kennedy International Airport and a small hub or nonhub airport--
             ``(1) if the operator of the regional jet aircraft was not 
        providing such air transportation during the week of June 15, 
        1999; or
             ``(2) if the level of air transportation to be provided 
        between such airports by the operator of the regional jet 
        aircraft during any week will exceed the level of air 
        transportation provided by such operator between such airports 
        during the week of June 15, 1999.''.
    (e) Special Rules Affecting Chicago O'Hare International Airport.--
            (1) In general.--Subchapter I of chapter 417, as amended by 
        subsection (d), is amended by inserting after section 41717 the 
        following:
``Sec. 41718. Special Rules for Chicago O'Hare International Airport
    ``(a) In General.--The Secretary of Transportation shall grant 30 
slot exemptions over a 3-year period beginning on the date of enactment 
of the Air Transportation Improvement Act at Chicago O'Hare 
International Airport.
    ``(b) Equipment and Service Requirements.--
            ``(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) Service provided.--Of the exemptions granted under 
        subsection (a)--
                    ``(A) 18 shall be used only for service to 
                underserved markets, of which no fewer than 6 shall be 
                designated as commuter slot exemptions; and
                    ``(B) 12 shall be air carrier slot exemptions.
    ``(c) Procedural Requirements.--Before granting exemptions under 
subsection (a), the Secretary shall--
            ``(1) conduct an environmental review, taking noise into 
        account, and determine that the granting of the exemptions will 
        not cause a significant increase in noise;
            ``(2) determine whether capacity is available and can be 
        used safely and, if the Secretary so determines then so 
        certify;
            ``(3) give 30 days notice to the public through publication 
        in the Federal Register of the Secretary's intent to grant the 
        exemptions; and
            ``(4) consult with appropriate officers of the State and 
        local government on any related noise and environmental issues.
    ``(d) Underserved Market Defined.--In this section, the term 
`service to underserved markets' means passenger air transportation 
service to an airport that is a nonhub airport or a small hub airport 
(as defined in paragraphs (4) and (5), respectively, of section 
41731(a)).''.
            (2) 3-year report.--The Secretary shall study and submit a 
        report 3 years after the first exemption granted under section 
        41718(a) of title 49, United States Code, is first used on the 
        impact of the additional slots on the safety, environment, 
        noise, access to underserved markets, and competition at 
        Chicago O'Hare International Airport.
    (f) Special Rules Affecting Reagan Washington National Airport.--
            (1) In general.--Chapter 417, as amended by subsection (e), 
        is amended by inserting after section 41718 the following:
``Sec. 41719. Special Rules for Ronald Reagan Washington National 
              Airport
    ``(a) Beyond-Perimeter Exemptions.--The Secretary shall by order 
grant 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 service with domestic 
        network benefits 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 perimeter 
        described in section 49109 of this title; and
            ``(4) not result in meaningfully increased travel delays.
    ``(b) Within-Perimeter Exemptions.--The Secretary shall by order 
grant 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 service to 
airports that were designated as medium-hub or smaller airports in the 
Federal Aviation Administration's Primary Airport Enplanement Activity 
Summary for Calendar Year 1997 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 and limited incumbent air carriers;
            ``(2) to communities without existing service to Ronald 
        Reagan Washington National Airport;
            ``(3) to small communities; or
            ``(4) that will provide competitive service on a monopoly 
        nonstop route to Ronald Reagan Washington National Airport.
    ``(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 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 2 operations.
            ``(3) Additional exemptions.--The Secretary shall grant 
        exemptions under subsections (a) and (b) that--
                    ``(A) will result in 12 additional daily air 
                carrier slot exemptions at such airport for long-haul 
                service beyond the perimeter;
                    ``(B) will result in 12 additional daily air 
                carrier slot exemptions at such airport for service 
                within the perimeter; and
                    ``(C) will not result in additional daily slot 
                exemptions for service to any within-the-perimeter 
                airport that was designated as a large-hub airport in 
                the Federal Aviation Administration's Primary Airport 
                Enplanement Activity Summary for Calendar Year 1997.
            ``(4) Assessment of safety, noise and environmental 
        impacts.--The Secretary shall assess the impact of granting 
        exemptions, including the impacts of the additional slots and 
        flights at Ronald Reagan Washington National Airport provided 
        under subsections (a) and (b) on safety, noise levels and the 
        environment within 90 days of the date of the enactment of the 
        Air Transportation Improvement Act. The environmental 
        assessment shall be carried out in accordance with parts 1500-
        1508 of title 40, Code of Federal Regulations. Such 
        environmental assessment shall include a public meeting.
            ``(5) Applicability with exemption 5133.--Nothing in this 
        section affects Exemption No. 5133, as from time-to-time 
        amended and extended.''.
            (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 
        necessary to implement exemptions granted by the Secretary 
        under section 41719.''.
            (3) MWAA 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 of Transportation 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 to the Authority for fiscal year 2000 or any 
                subsequent fiscal year--
                            (i) the Authority will make available for 
                        that fiscal year funds for noise compatibility 
                        planning and programs that are eligible to 
                        receive funding under chapter 471 of title 49, 
                        United States Code, in an amount not less than 
                        10 percent of the aggregate annual amount of 
                        financial assistance provided to the Authority 
                        by the Secretary as grants under chapter 471 of 
                        title 49, United States Code; 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 programs.
                    (B) Waiver.--The Secretary of Transportation may 
                waive the requirements of subparagraph (A) for any 
                fiscal year for which the Secretary determines that the 
                Metropolitan Washington Airports Authority is in full 
                compliance 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 enactment of this Act 
                if on that date the Secretary of Transportation 
                certifies that the Metropolitan Washington Airports 
                Authority has achieved full compliance with applicable 
                noise compatibility planning and program requirements 
                under part 150 of title 14, Code of Federal 
                Regulations.
            (4) Report.--Within 1 year after the date of enactment of 
        this Act, and biannually thereafter, the Secretary shall 
        certify to the United States Senate Committee on Commerce, 
        Science, and Transportation, the United States House of 
        Representatives Committee on Transportation and Infrastructure, 
        the Governments of Maryland, Virginia, and West Virginia and 
        the metropolitan planning organization for Washington, D.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.
    (g) Noise Compatibility Planning and Programs.--Section 47117(e) is 
amended by adding at the end the following:
            ``(3) 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) LaGuardia Airport;
                    ``(B) John F. Kennedy International Airport; and
                    ``(C) Ronald Reagan Washington National Airport.''.
    (h) Study of Community Noise Levels Around High Density Airports.--
The Secretary of Transportation shall study community noise levels in 
the areas surrounding the 4 high-density airports after the 100 percent 
Stage 3 fleet requirements are in place, and compare those levels with 
the levels in such areas before 1991.
    (i) Conforming Amendments.--
            (1) Section 49111 is amended by striking subsection (e).
            (2) The chapter analysis for subchapter I of chapter 417 is 
        amended--
                    (A) by redesignating the items relating to sections 
                41715 and 41716 as relating to sections 41720 and 
                41721, respectively; and
                    (B) by inserting after the item relating to section 
                41714 the following:

``41715. Phase-out of slot rules at certain airports.
``41716. Preservation of certain existing slot-related air service.
``41717. Interim slot rules at New York airports.
``41718. Interim application of slot rules at Chicago O'Hare. 
                            International Airport.
``41719. Special Rules for Ronald Reagan Washington National 
                            Airport.''.
            (3) Conforming amendment.--Section 41714(a)(3) is amended 
        by adding at the end thereof the following: ``The 132 slot cap 
        under this paragraph does not apply to exemptions or slots made 
        available under section 41718.''.

SEC. 507. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.

    Section 41712, as amended by section 505 of this Act, is amended by 
adding at the end thereof the following:
    ``(d) E-Ticket Expiration Notice.--It shall be an unfair or 
deceptive practice under subsection (a) for any air carrier utilizing 
electronically transmitted tickets to fail to notify the purchaser of 
such a ticket of its expiration date, if any.''.

SEC. 508. REGIONAL AIR SERVICE INCENTIVE OPTIONS.

    (a) Purpose.--The purpose of this section is to provide the 
Congress with an analysis of means to improve service by jet aircraft 
to underserved markets by authorizing a review of different programs of 
Federal financial assistance, including loan guarantees like those that 
would have been provided for by section 2 of S. 1353, 105th Congress, 
as introduced, to commuter air carriers that would purchase regional 
jet aircraft for use in serving those markets.
    (b) Study.--The Secretary of Transportation shall study the 
efficacy of a program of Federal loan guarantees for the purchase of 
regional jets by commuter air carriers. The Secretary shall include in 
the study a review of options for funding, including alternatives to 
Federal funding. In the study, the Secretary shall analyze--
            (1) the need for such a program;
            (2) its potential benefit to small communities;
            (3) the trade implications of such a program;
            (4) market implications of such a program for the sale of 
        regional jets;
            (5) the types of markets that would benefit the most from 
        such a program;
            (6) the competitive implications of such a program; and
            (7) the cost of such a program.
    (c) Report.--The Secretary shall submit a report of the results of 
the study to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure not later than 24 months after the 
date of enactment of this Act.

SEC. 509. REQUIREMENT TO ENHANCE COMPETITIVENESS OF SLOT EXEMPTIONS FOR 
              REGIONAL JET AIR SERVICE AND NEW ENTRANT AIR CARRIERS AT 
              CERTAIN HIGH DENSITY TRAFFIC AIRPORTS.

    (a) In General.--Subchapter I of chapter 417, as amended by 
sections 507 and 508, is amended by adding at the end thereof the 
following:
``Sec. 41721. Requirement to enhance competitiveness of slot exemptions 
              for nonstop regional jet air service and new entrant air 
              carriers at certain airports
    ``In granting slot exemptions for nonstop regional jet air service 
and new entrant air carriers under this subchapter to John F. Kennedy 
International Airport, and La Guardia Airport, the Secretary of 
Transportation shall require the Federal Aviation Administration to 
provide commercially reasonable times to takeoffs and landings of air 
flights conducted under those exemptions.''.
    (b) Conforming Amendment.--The chapter analysis for subchapter I of 
chapter 417, as amended by this title, is amended by adding at the end 
thereof the following:

``41721. Requirement to enhance competitiveness of slot exemptions for 
                            nonstop regional jet air service and new 
                            entrant air carriers at certain 
                            airports.''.

                  TITLE VI--NATIONAL PARKS OVERFLIGHTS

SEC. 601. FINDINGS.

    The 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 
        minimizing, mitigating, or preventing the adverse effects of 
        aircraft overflights on the 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, composed 
        of general aviation, air tour, environmental, and Native 
        American representatives, recommended that the Congress enact 
        legislation based on its consensus work product; and
            (6) this title reflects the recommendations made by that 
        Group.

SEC. 602. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

    (a) In General.--Chapter 401, as amended by section 301 of this 
Act, is amended by adding at the end the following:
``Sec. 40126. Overflights of national parks
    ``(a) In General.--
            ``(1) General requirements.--A commercial air tour operator 
        may not conduct commercial air tour operations over a national 
        park or tribal lands except--
                    ``(A) in accordance with this section;
                    ``(B) in accordance with conditions and limitations 
                prescribed for that operator by the Administrator; and
                    ``(C) in accordance with any effective air tour 
                management plan for that park or those 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 that park or those tribal lands.
                    ``(B) Competitive bidding for limited capacity 
                parks.--Whenever a commercial air tour management plan 
                limits the number of commercial air tour flights over a 
                national park area during a specified time frame, the 
                Administrator, in cooperation with the Director, shall 
                authorize commercial air tour operators to provide such 
                service. The authorization shall specify such terms and 
                conditions as the Administrator and the Director find 
                necessary for management of commercial air tour 
                operations over the national park. The Administrator, 
                in cooperation with the Director, shall develop an open 
                competitive process for evaluating proposals from 
                persons interested in providing commercial air tour 
                services over the national park. In making a selection 
                from among various proposals submitted, the 
                Administrator, in cooperation with the Director, shall 
                consider relevant factors, including--
                            ``(i) the safety record of the company or 
                        pilots;
                            ``(ii) any quiet aircraft technology 
                        proposed for use;
                            ``(iii) the experience in commercial air 
                        tour operations over other national parks or 
                        scenic areas;
                            ``(iv) the financial capability of the 
                        company;
                            ``(v) any training programs for pilots; and
                            ``(vi) responsiveness to any criteria 
                        developed by the National Park Service or the 
                        affected national park.
                    ``(C) Number of operations authorized.--In 
                determining the number of authorizations to issue to 
                provide commercial air tour service over a national 
                park, the Administrator, in cooperation with the 
                Director, shall take into consideration the provisions 
                of the air tour management plan, the number of existing 
                commercial air tour operators and current level of 
                service and equipment provided by any such companies, 
                and the financial viability of each commercial air tour 
                operation.
                    ``(D) Cooperation with nps.--Before granting an 
                application under this paragraph, the Administrator 
                shall, in cooperation with the Director, develop an air 
                tour management plan in accordance with subsection (b) 
                and implement such plan.
                    ``(E) Time limit on response to atmp 
                applications.--The Administrator shall act on any such 
                application and issue a decision on the application not 
                later than 24 months after it is received or amended.
            ``(3) Exception.--Notwithstanding paragraph (1), commercial 
        air tour operators may conduct commercial air tour operations 
        over a national park under part 91 of the Federal Aviation 
        Regulations (14 CFR 91.1 et seq.) if--
                    ``(A) such activity is permitted under part 119 (14 
                CFR 119.1(e)(2));
                    ``(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 flight operations will be 
                conducted; and
                    ``(C) the total number of operations under this 
                exception is limited to not more than 5 flights in any 
                30-day period over a particular park.
            ``(4) Special rule for safety requirements.--
        Notwithstanding subsection (c), an existing commercial air tour 
        operator shall, not later than 90 days after the date of 
        enactment of the Air Transportation Improvement Act, apply for 
        operating authority under part 119, 121, or 135 of the Federal 
        Aviation Regulations (14 CFR Pt. 119, 121, or 135). 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.
    ``(b) Air Tour Management Plans.--
            ``(1) Establishment of atmps.--
                    ``(A) In general.--The Administrator shall, in 
                cooperation with the Director, establish an air tour 
                management plan for any national park or tribal land 
                for which such a plan is not already in effect whenever 
                a person applies for authority to operate a commercial 
                air tour over the park. The development of the air tour 
                management plan is to be a cooperative undertaking 
                between the Federal Aviation Administration and the 
                National Park Service. The air tour management plan 
                shall be developed by means of a public process, and 
                the agencies shall develop information and analysis 
                that explains the conclusions that the agencies make in 
                the application of the respective criteria. Such 
                explanations shall be included in the Record of 
                Decision and may be subject to judicial review.
                    ``(B) Objective.--The objective of any air tour 
                management plan shall be to develop acceptable and 
                effective measures to mitigate or prevent the 
                significant adverse impacts, if any, of commercial air 
                tours upon the natural and cultural resources and 
                visitor experiences and tribal lands.
            ``(2) Environmental determination.--In establishing an air 
        tour management plan under this subsection, the Administrator 
        and the Director shall each sign the environmental decision 
        document required by section 102 of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332) which may include a finding 
        of no significant impact, an environmental assessment, 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 tours 
                within \1/2\ 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 
                opportunities to conduct commercial air tours if the 
                plan includes a limitation on the number of commercial 
                air tour flights for any time period; and
                    ``(F) shall justify and document the need for 
                measures taken pursuant to subparagraphs (A) through 
                (E).
            ``(4) Procedure.--In establishing a commercial air tour 
        management plan for a national park, the Administrator and the 
        Director shall--
                    ``(A) initiate at least one public meeting with 
                interested parties to develop a commercial air tour 
                management plan for the park;
                    ``(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 those regulations, the Federal Aviation 
                Administration is the lead agency and the National Park 
                Service is a cooperating agency); and
                    ``(D) solicit the participation of any Indian tribe 
                whose tribal lands are, or may be, overflown by 
                aircraft involved in commercial air tour operations 
                over a national park or tribal lands, as a cooperating 
                agency under the regulations referred to in paragraph 
                (4)(C).
            ``(5) Amendments.--Any amendment of an air tour management 
        plan shall be published in the Federal Register for notice and 
        comment. A request for amendment of an air tour management plan 
        shall be made in such form and manner as the Administrator may 
        prescribe.
    ``(c) Interim Operating Authority.--
            ``(1) In general.--Upon application for operating 
        authority, the Administrator shall grant interim operating 
        authority under this paragraph to a commercial air tour 
        operator for 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 of--
                            ``(i) the number of flights used by the 
                        operator to provide such tours within the 12-
                        month period prior to the date of enactment of 
                        the Air Transportation Improvement Act; or
                            ``(ii) the average number of flights per 
                        12-month period used by the operator to provide 
                        such tours within the 36-month period prior to 
                        such date of enactment, and, for seasonal 
                        operations, the number of flights so used 
                        during the season or seasons covered by that 
                        12-month period;
                    ``(B) may not provide for an increase in the number 
                of operations conducted during any time period by the 
                commercial air tour operator to which it is granted 
                unless the increase is agreed to by the Administrator 
                and the Director;
                    ``(C) shall be published in the Federal Register to 
                provide 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 
                that park or those tribal lands; and
                    ``(F) shall--
                            ``(i) promote protection of national park 
                        resources, visitor experiences, and tribal 
                        lands;
                            ``(ii) promote safe operations of the 
                        commercial air tour;
                            ``(iii) promote the adoption of quiet 
                        technology, as appropriate; and
                            ``(iv) allow for modifications of the 
                        operation 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 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 tours 
                over that national park or those 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 that park or on tribal 
                lands, or the Director determines that it would create 
                a noise problem at that park or on tribal lands.
                    ``(C) ATMP 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 enactment of the Air Transportation 
                Improvement Act.
    ``(d) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial air tour.--The term `commercial air tour' 
        means any flight conducted for compensation or hire in a 
        powered aircraft where a purpose of the flight is sightseeing. 
        If the operator of a flight asserts that the flight is not a 
        commercial air tour, factors that can be considered by the 
        Administrator in making a determination of whether the flight 
        is a commercial air tour, include, but are not limited to--
                    ``(A) whether there was a holding out to the public 
                of willingness to conduct a sightseeing flight for 
                compensation or hire;
                    ``(B) whether a narrative was provided that 
                referred to areas or points of interest on the surface;
                    ``(C) the area of operation;
                    ``(D) the frequency of flights;
                    ``(E) the route of flight;
                    ``(F) the inclusion of sightseeing flights as part 
                of any travel arrangement package; or
                    ``(G) whether the flight or flights in question 
                would or would not have been canceled based on poor 
                visibility of the surface.
            ``(2) Commercial air tour operator.--The term `commercial 
        air tour operator' means any person who conducts a commercial 
        air tour.
            ``(3) 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 tours over a national park at any time 
        during the 12-month period ending on the date of enactment of 
        the Air Transportation Improvement Act.
            ``(4) 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; and
                    ``(B) has not engaged in the business of providing 
                commercial air tours over that national park or those 
                tribal lands in the 12-month period preceding the 
                application.
            ``(5) Commercial air tour operations.--The term `commercial 
        air tour operations' means commercial air tour flight 
        operations conducted--
                    ``(A) over a national park or within \1/2\ mile 
                outside the boundary of any national park;
                    ``(B) 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); and
                    ``(C) less than 1 mile laterally from any 
                geographic feature within the park (unless more than 
                \1/2\ mile outside the boundary).
            ``(6) National park.--The term `national park' means any 
        unit of the National Park System.
            ``(7) Tribal lands.--The term `tribal lands' means `Indian 
        country', as defined by section 1151 of title 18, United States 
        Code, that is within or abutting a national park.
            ``(8) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(9) Director.--The term `Director' means the Director of 
        the National Park Service.''.
    (b) Exemptions and Special Rules.--
            (1) Grand canyon.--Section 40126 of title 49, United States 
        Code, as added by subsection (a), does not apply to--
                    (A) the Grand Canyon National Park; or
                    (B) Indian country within or abutting the Grand 
                Canyon National Park.
            (2) Lake mead.--A commercial air tour of the Grand Canyon 
        that transits over or near the Lake Mead National Recreation 
        Area en route to, or returning from, the Grand Canyon, without 
        offering a deviation in flight path between its point of origin 
        and the Grand Canyon, shall be considered, for purposes of 
        paragraph (1), to be exclusively a commercial air tour of the 
        Grand Canyon.
            (3) Quiet aircraft technology for grand canyon.--
                    (A) Quiet technology requirements.--Within 9 months 
                after the date of enactment of this Act, the 
                Administrator of the Federal Aviation Administration 
                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 no 
                requirements are promulgated as mandated by this 
                paragraph, then beginning 9 months after enactment of 
                this Act and until the provisions of this paragraph are 
                met, any aircraft shall be considered to be in 
                compliance with this paragraph.
                    (B) Routes or corridors.--The Administrator shall 
                by rule establish routes or corridors for commercial 
                air tours (as defined in section 40126(d)(1) of title 
                49, United States Code) by fixed-wing and helicopter 
                aircraft that employ quiet aircraft technology for--
                            (i) tours of the Grand Canyon originating 
                        in Clark County, Nevada; and
                            (ii) ``local loop'' tours originating at 
                        the Grand Canyon National Park Airport, in 
                        Tusayan, Arizona.
                    (C) Operational caps and expanded hours.--
                Commercial air tours (as so defined) by any fixed-wing 
                or helicopter aircraft that employs quiet aircraft 
                technology and that replaces an existing aircraft--
                            (i) shall not be subject to operational 
                        flight allocations applicable to other 
                        commercial air tours of the Grand Canyon; and
                            (ii) may be conducted during the hours from 
                        7:00 a.m. to 7:00 p.m.
                    (D) Modification of existing aircraft to meet 
                standards.--A commercial air tour (as so defined) by a 
                fixed-wing or helicopter aircraft in a commercial air 
                tour operator's fleet on the date of enactment of this 
                Act that meets the requirements designated under 
                subparagraph (A), or is subsequently modified to meet 
                the requirements designated under subparagraph (A) may 
                be used for commercial air tours under the same terms 
                and conditions as a replacement aircraft under 
                subparagraph (C) without regard to whether it replaces 
                an existing aircraft.
                    (E) Goal of restoring natural quiet.--Nothing in 
                this paragraph reduces the goal, established for the 
                Federal Aviation Administration and the National Park 
                Service under Public Law 100-91 (16 U.S.C. 1a-1 note), 
                of achieving substantial restoration of the natural 
                quiet at the Grand Canyon National Park.
            (4) Alaska.--The provisions of this title and section 40126 
        of title 49, United States Code, as added by subsection (a), do 
        not apply to any land or waters located in Alaska.
            (5) Compliance with other regulations.--For purposes of 
        section 40126 of title 49, United States Code--
                    (A) regulations issued by the Secretary of 
                Transportation and the Administrator of the Federal 
                Aviation Administration under section 3 of Public Law 
                100-91 (16 U.S.C. 1a-1, note); and
                    (B) 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.
    (c) Clerical Amendment.--The table of sections for chapter 401 is 
amended by adding at the end thereof the following:

``40126. Overflights of national parks.''.

SEC. 603. ADVISORY GROUP.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration and the Director of the National Park Service shall 
jointly establish an advisory group to provide continuing advice and 
counsel with respect to the operation of commercial air tours over and 
near national parks.
    (b) Membership.--
            (1) In general.--The advisory group shall be composed of--
                    (A) a balanced group of --
                            (i) representatives of general aviation;
                            (ii) representatives of commercial air tour 
                        operators;
                            (iii) representatives of environmental 
                        concerns; and
                            (iv) representatives of Indian tribes;
                    (B) a representative of the Federal Aviation 
                Administration; and
                    (C) a representative of the National Park Service.
            (2) Ex-officio members.--The Administrator and the Director 
        shall serve as ex-officio members.
            (3) Chairperson.--The representative of the Federal 
        Aviation Administration and the 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, information, 
and recommendations to the Administrator and the Director--
            (1) on the implementation of this title;
            (2) on the designation of appropriate and feasible quiet 
        aircraft technology standards for quiet aircraft technologies 
        under development for commercial purposes, which will receive 
        preferential treatment in a given air tour management plan;
            (3) on other measures that might be taken to accommodate 
        the interests of visitors to national parks; and
            (4) on such other national park or tribal lands-related 
        safety, environmental, and air touring issues as the 
        Administrator and the Director may request.
    (d) Compensation; Support; FACA.--
            (1) Compensation and travel.--Members of the advisory group 
        who are not officers or employees of the United States, while 
        attending conferences or meetings of the group or otherwise 
        engaged in its business, or while serving away from their homes 
        or regular places of business, each member may be allowed 
        travel expenses, including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States Code, for 
        persons in the Government service employed intermittently.
            (2) Administrative support.--The Federal Aviation 
        Administration and the National Park Service shall jointly 
        furnish to the advisory group clerical and other assistance.
            (3) Nonapplication of faca.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. App.) does not apply to the 
        advisory group.
    (e) Report.--The Administrator and the Director shall jointly 
report to the Congress within 24 months after the date of enactment of 
this Act on the success of this title in providing incentives for quiet 
aircraft technology.

SEC. 604. OVERFLIGHT FEE REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration shall transmit 
to Congress a report on the effects proposed overflight fees are likely 
to have on the commercial air tour 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 the proposed fee charged 
        by the National Park Service; and
            (2) the financial effects proposed offsets are likely to 
        have on Federal Aviation Administration budgets and 
        appropriations.

SEC. 605. PROHIBITION OF COMMERCIAL AIR TOURS OVER THE ROCKY MOUNTAIN 
              NATIONAL PARK.

    Effective beginning on the date of enactment of this Act, no 
commercial air tour may be operated in the airspace over the Rocky 
Mountain National Park notwithstanding any other provision of this Act 
or section 40126 of title 49, United States Code, as added by this Act.

               TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

SEC. 701. RESTATEMENT OF 49 U.S.C. 106(G).

    (a) In General.--Section 106(g) is amended by striking ``40113(a), 
(c), and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b) and 
(c), 44504, 44505, 44507, 44508, 44511-44513, 44701-44716, 44718(c), 
44721(a), 44901, 44902, 44903(a)-(c) and (e), 44906, 44912, 44935-
44937, and 44938(a) and (b), chapter 451, sections 45302-45304,'' and 
inserting ``40113(a), (c)-(e), 40114(a), and 40119, and chapter 445 
(except sections 44501(b), 44502(a)(2)-(4), 44503, 44506, 44509, 44510, 
44514, and 44515), chapter 447 (except sections 44717, 44718(a) and 
(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except 
sections 44903(d), 44904, 44905, 44907-44911, 44913, 44915, and 44931-
44934), chapter 451, chapter 453, sections''.
    (b) Technical Correction.--The amendment made by this section may 
not be construed as making a substantive change in the language 
replaced.

SEC. 702. RESTATEMENT OF 49 U.S.C. 44909.

    Section 44909(a)(2) is amended by striking ``shall'' and inserting 
``should''.

         TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

SEC. 801. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

    Effective October 1, 2000, there are transferred to the Federal 
Aviation Administration and vested in the Administrator of the Federal 
Aviation Administration 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 and 
are set forth in section 44721 of title 49, United States Code.

SEC. 802. TRANSFER OF OFFICE, PERSONNEL AND FUNDS.

    (a) Effective October 1, 2000 the Office of Aeronautical Charting 
and Cartography of the National Oceanic and Atmospheric Administration, 
Department of Commerce, is transferred to the Federal Aviation 
Administration.
    (b) Effective October 1, 2000 the personnel employed in connection 
with, and the assets, liabilities, contracts, property, equipment, 
facilities, records, and unexpended balance of appropriations, and 
other funds employed, held, used, arising from, available to, or to be 
made available in connection with the function and offices, or portions 
of offices, transferred by this Act, including all Senior Executive 
Service positions, subject to section 1531 of title 31, United States 
Code, are transferred to the Administrator of the Federal Aviation 
Administration for appropriate allocation. Personnel employed in 
connection with functions transferred by this Act 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 Act.

SEC. 803. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    (a) In General.--Section 44721 is amended to read as follows:
``Sec.  44721. Aeronautical charts and related products and services
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration is invested with and shall exercise, effective October 
1, 2000 the functions, powers, and duties of the Secretary of Commerce 
and other officers of the Department of Commerce that relate to the 
Office of Aeronautical Charting and Cartography to provide aeronautical 
charts and related products and services for the safe and efficient 
navigation of air commerce, under the following authorities:
            ``(1) Sections 1 through 9 of the Act entitled ``An Act to 
        define the functions and duties of the Coast and Geodetic 
        Survey, and for other purposes'', 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 
        Commerce, 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 nt).
    ``(b) Authority to Conduct Surveys.--To provide aeronautical charts 
and related products and services for the safe and efficient navigation 
of air commerce, and to provide basic data for engineering and 
scientific purposes and for other commercial and industrial needs, the 
Administrator is authorized to conduct the following activities:
            ``(1) Aerial and field surveys for aeronautical charts.
            ``(2) Other airborne and field surveys when in the best 
        interest of the United States Government.
            ``(3) Acquiring, owning, operating, maintaining and 
        staffing aircraft in support of surveys.
    ``(c) Additional Authority.--In order that full 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 is authorized to conduct the following activities:
            ``(1) Developing, processing, disseminating and publishing 
        of digital and analog data, information, compilations, and 
        reports.
            ``(2) Compiling, printing, and disseminating aeronautical 
        charts and related products and services of the United States, 
        its Territories, and possessions.
            ``(3) Compiling, printing and disseminating aeronautical 
        charts and related products and services covering international 
        airspace as are required primarily by United States civil 
        aviation.
            ``(4) Compiling, printing and disseminating non-
        aeronautical navigational, transportation or public-safety-
        related products and services when in the best interests of the 
        United States Government.
    ``(d) Contract, Cooperative Agreements, Grants, and Other 
Agreements.--
            ``(1) The Administrator is authorized to contract with 
        qualified organizations for the performance of any part of the 
        authorized functions of the Office of Aeronautical Charting and 
        Cartography when the Administrator deems such procedure to be 
        in the public interest and will not compromise public safety.
            ``(2) The Administrator is authorized to enter into 
        cooperative agreements, grants, reimbursable agreements, 
        memoranda of understanding and other agreements, with a State, 
        subdivision of a State, Federal agency, public or private 
        organization, or individual, to carry out the purposes of this 
        section.
    ``(e) Special Services and Products.--
            ``(1) 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, transportation, or public safety.
            ``(2) The Administrator shall assess a fee for any special 
        service provided under paragraph (1). A fee shall be not more 
        than the actual or estimated full cost of the service. A fee 
        may be reduced or waived for research organizations, 
        educational organizations, or non-profit organizations, when 
        the Administrator determines that reduction or waiver of the 
        fee is in the best interest of the United States Government by 
        furthering public safety.
    ``(f) Sale and Dissemination of Aeronautical Products.--
            ``(1) Aeronautical products created or maintained under the 
        authority of this section shall be sold at prices established 
        annually by the Administrator consistent with the following:
                    ``(A) Subject to subparagraph (B), the price of an 
                aeronautical product sold to the public shall be not 
                more than necessary to recover all costs attributable 
                to (i) data base management and processing; (ii) 
                compilation; (iii) printing or other types of 
                reproduction; and (iv) dissemination of the product.
                    ``(B) The Administrator shall adjust the price of 
                an aeronautical product and service sold to the public 
                as necessary to avoid any adverse impact on aviation 
                safety attributable to the price specified under this 
                paragraph.
                    ``(C) A price established under this paragraph may 
                not include costs attributable to the acquisition of 
                aeronautical data.
            ``(2) The Administrator shall publish annually the prices 
        at which aeronautical products are sold to the public.
            ``(3) The Administrator may distribute aeronautical 
        products and provide aeronautical services--
                     ``(A) without charge to each foreign government or 
                international organization with which the Administrator 
                or a Federal 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 voluntary contribution of 
                information by the recipient to the activities under 
                this section.
            ``(4) The fees provided for in this subsection are for the 
        purpose of reimbursing the United States 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 adding at the end thereof the following:

``44721. Aeronautical charts and related products and services.''.

SEC. 804. SAVINGS PROVISION.

    (a) Continued Effectiveness of Directives.--All orders, 
determinations, rules, regulations, permits, 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 National Oceanic and Atmospheric 
        Administration (NOAA) Administrator, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred by this Act; 
        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, a court of 
        competent jurisdiction, or by operation of law.
    (b) Continued Effectiveness of Pending Actions.--
            (1) The provisions of this Act 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 
        Department of Commerce or the NOAA Administrator, or any 
        officer thereof with respect to functions transferred by this 
        Act; but 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 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, by a court of competent jurisdiction, or by 
        operation of law. Nothing in this subsection prohibits the 
        discontinuance or modification 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 Act 
        had not been enacted.
            (2) The Secretary of Commerce, the NOAA Administrator, 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 Act.
    (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 Act, or by or against any officer thereof in the official's 
capacity, shall abate by reason of the enactment of this Act. Causes of 
action and actions with respect to a function or office transferred by 
this Act, or other proceedings may be asserted by or against the United 
States or an official of the Federal Aviation Administration, as may be 
appropriate, and, in an action pending when this Act takes effect, the 
court may at any time, on its own motion or that of any party, enter an 
order that will give effect to the 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 thereof in the 
official's capacity, is a party to an action, and under this Act any 
function relating to the action of such Department, Administration, or 
officer is transferred 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 Act 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 Department of Commerce or the 
National Oceanic and Atmospheric Administration, or any office or 
officer thereof, in the exercise of such functions immediately 
preceding their transfer.
    (f) Liabilities and Obligations.--The Administrator shall assume 
all liabilities and obligations (tangible and incorporeal, present and 
executory) associated with the functions transferred under this Act on 
the date of transfer, including leases, permits, licenses, contracts, 
agreements, claims, tariffs, accounts receivable, accounts payable, 
financial assistance, and litigation relating to such obligations, 
regardless whether judgment has been entered, damages awarded, or 
appeal taken.

SEC. 805. NATIONAL OCEAN SURVEY.

    (a) Section 1 of the Act entitled ``An Act to define the functions 
and duties of the Coast and Geodetic Survey, and for other purposes'', 
approved August 6, 1947, (33 U.S.C. 883a) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Hydrographic, topographic and other types of field 
        surveys;''; and
            (2) by striking paragraph (4) and redesignating paragraph 
        (5) as paragraph (4).
    (b) Section 2 of that Act (33 U.S.C. 883b) is amended--
            (1) by striking paragraphs (3) and (5), and redesignating 
        paragraph (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 
        Territories, and possessions'' in paragraph (4), as 
        redesignated, and inserting ``publications.''.
    (c) Section 5(1) of that Act (33 U.S.C. 883e(1)) is amended by 
striking ``cooperative agreements'' and inserting ``cooperative 
agreements, or any other agreements,''.

SEC. 806. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL PRODUCTS 
              BY NOAA.

    (a) Section 1307 of title 44, United States Code, is amended by 
striking ``and aeronautical'' and ``or aeronautical'' each place they 
appear.
    (b) Section 1307(a)(2)(B) of title 44, United States Code, is 
amended by striking ``aviation and''.
    (c) Section 1307(d) of title 44, United States Code, is amended by 
striking ``aeronautical and''.

  TITLE IX--MANAGEMENT REFORMS OF THE FEDERAL AVIATION ADMINISTRATION

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Air Traffic Management Improvement 
Act of 1999''.

SEC. 902. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 903. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Transportation.

SEC. 904. FINDINGS.

    The Congress makes the following findings:
            (1) The Nation's air transportation system is projected to 
        grow by 3.4 percent per year over the next 12 years.
            (2) Passenger enplanements are expected to rise to more 
        than 1 billion by 2009, from the current level of 660 million.
            (3) The aviation industry is one of our Nation's critical 
        industries, providing a means of travel to people throughout 
        the world, and a means of moving cargo around the globe.
            (4) The ability of all sectors of American society, urban 
        and rural, to access and to compete effectively in the new and 
        dynamic global economy requires the ability of the aviation 
        industry to serve all the Nation's communities effectively and 
        efficiently.
            (5) The Federal Government's role is to promote a safe and 
        efficient national air transportation system through the 
        management of the air traffic control system and through 
        effective and sufficient investment in aviation infrastructure, 
        including the Nation's airports.
            (6) Numerous studies and reports, including the National 
        Civil Aviation Review Commission, have concluded that the 
        projected expansion of air service may be constrained by 
        gridlock in our Nation's airways, unless substantial management 
        reforms are initiated for the Federal Aviation Administration.
            (7) The Federal Aviation Administration is responsible for 
        safely and efficiently managing the National Airspace System 
        365 days a year, 24 hours a day.
            (8) The Federal Aviation Administration's ability to 
        efficiently manage the air traffic system in the United States 
        is restricted by antiquated air traffic control equipment.
            (9) The Congress has previously recognized that the 
        Administrator needs relief from the Federal Government's 
        cumbersome personnel and procurement laws and regulations to 
        take advantage of emerging technologies and to hire and retain 
        effective managers.
            (10) The ability of the Administrator to achieve greater 
        efficiencies in the management of the air traffic control 
        system requires additional management reforms, such as the 
        ability to offer incentive pay for excellence in the employee 
        workforce.
            (11) The ability of the Administrator to effectively manage 
        finances is dependent in part on the Federal Aviation 
        Administration's ability to enter into long-term debt and lease 
        financing of facilities and equipment, which in turn is 
        dependent on sustained sound audits and implementation of a 
        cost management program.
            (12) The Administrator should use the full authority of the 
        Federal Aviation Administration to make organizational changes 
        to improve the efficiency of the air traffic control system, 
        without compromising the Federal Aviation Administration's 
        primary mission of protecting the safety of the travelling 
        public.

SEC. 905. AIR TRAFFIC CONTROL SYSTEM DEFINED.

    Section 40102(a) is amended--
             (1) by redesignating paragraphs (5) through (41) as 
        paragraphs (6) through (42), respectively; and
             (2) by inserting after paragraph (4) the following:
            ``(5) `air traffic control system' means the combination of 
        elements used to safely and efficiently monitor, direct, 
        control, and guide aircraft in the United States and United 
        States-assigned airspace, including--
                    ``(A) allocated electromagnetic spectrum and 
                physical, real, personal, and intellectual property 
                assets making up facilities, equipment, and systems 
                employed to detect, track, and guide aircraft movement;
                    ``(B) laws, regulations, orders, directives, 
                agreements, and licenses;
                    ``(C) published procedures that explain required 
                actions, activities, and techniques used to ensure 
                adequate aircraft separation; and
                    ``(D) trained personnel with specific technical 
                capabilities to satisfy the operational, engineering, 
                management, and planning requirements for air traffic 
                control.''.

SEC. 906. CHIEF OPERATING OFFICER FOR AIR TRAFFIC SERVICES.

    (a) Section 106 is amended by adding at the end the following:
    ``(r) Chief Operating Officer.--
            ``(1) In general.--
                    ``(A) Appointment.--There shall be a Chief 
                Operating Officer for the air traffic control system to 
                be appointed by the Administrator, after consultation 
                with the Management Advisory Council. The Chief 
                Operating Officer shall report directly to the 
                Administrator and shall be subject to the authority of 
                the Administrator.
                    ``(B) Qualifications.--The Chief 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 
                stability and continuity in the leadership of the air 
                traffic control system.
                    ``(E) Compensation.--
                            ``(i) The Chief Operating Officer shall be 
                        paid at an annual rate of basic pay not to 
                        exceed that of the Administrator, including any 
                        applicable locality-based payment. This basic 
                        rate of pay shall subject the chief operating 
                        officer to the post-employment provisions of 
                        section 207 of title 18 as if this position 
                        were described in section 207(c)(2)(A)(i) of 
                        that title.
                            ``(ii) In addition to the annual rate of 
                        basic pay authorized by paragraph (1) of this 
                        subsection, the Chief Operating Officer may 
                        receive a bonus not to exceed 50 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 in subsection 
                        (b) of this section. A bonus may not cause the 
                        Chief Operating Officer's total aggregate 
                        compensation in a calendar year to equal or 
                        exceed the amount of the President's salary 
                        under section 102 of title 3, United States 
                        Code.
            ``(2) Annual performance agreement.--The Administrator and 
        the Chief Operating Officer shall enter into an annual 
        performance agreement that sets forth measurable organization 
        and individual goals for the Chief Operating Officer in key 
        operational areas. The agreement shall be subject to review and 
        renegotiation on an annual basis.
            ``(3) Annual performance report.--The Chief Operating 
        Officer shall prepare and submit to the Secretary of 
        Transportation and Congress an annual management report 
        containing such information as may be prescribed by the 
        Secretary.
            ``(4) Responsibilities.--The Administrator may delegate to 
        the Chief Operating Officer, or any other authority within the 
        Federal Aviation Administration responsibilities, including, 
        but not limited to the following:
                    ``(A) Strategic plans.--To develop a strategic plan 
                of the Federal Aviation Administration for the air 
                traffic control system, including the establishment 
                of--
                            ``(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.
                            ``(iv) methods of the Federal Aviation 
                        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 Federal Aviation 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 
                        Federal Aviation Administration related to the 
                        air traffic control system prepared by the 
                        Administrator;
                            ``(ii) submit such budget request to the 
                        Administrator and the Secretary of 
                        Transportation; and
                            ``(iii) ensure that the budget request 
                        supports the annual and long-range strategic 
                        plans developed under paragraph (4)(A) of this 
                        subsection.
            ``(5) Budget submission.--The Secretary shall submit the 
        budget request prepared under paragraph (4)(D) of this 
        subsection for any fiscal year to the President who shall 
        submit such request, without 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 Administration for such fiscal year.''.

SEC. 907. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.

    (a) Membership.--Section 106(p)(2)(C) is amended to read as 
follows:
                    ``(C) 13 members representing aviation interests, 
                appointed by--
                            ``(i) in the case of initial appointments 
                        to the Council, the President by and with the 
                        advice and consent of the Senate; and
                            ``(ii) in the case of subsequent 
                        appointments to the Council, the Secretary of 
                        Transportation.''.
    (b) Terms of Members.--Section 106(p)(6)(A)(i) is amended by 
striking ``by the President''.
    (c) Air Traffic Services Subcommittee.--Section 106(p)(6) is 
amended by adding at the end thereof the following:
                    ``(E) Air traffic services subcommittee.--The 
                Chairman of the Management Advisory Council shall 
                constitute an Air Traffic Services Subcommittee to 
                provide comments, recommend modifications, and provide 
                dissenting views to the Administrator on the 
                performance of air traffic services, including--
                            ``(i) the performance of the Chief 
                        Operating Officer and other senior managers 
                        within the air traffic organization of the 
                        Federal Aviation Administration;
                            ``(ii) long-range and strategic plans for 
                        air traffic services;
                            ``(iii) review the Administrator's 
                        selection, evaluation, and compensation of 
                        senior executives of the Federal Aviation 
                        Administration who have program management 
                        responsibility over significant functions of 
                        the air traffic control system;
                            ``(iv) review and make recommendations to 
                        the Administrator's plans for any major 
                        reorganization of the Federal Aviation 
                        Administration that would effect the management 
                        of the air traffic control system;
                            ``(v) review, and make recommendations to 
                        the Administrator's cost allocation system and 
                        financial management structure and technologies 
                        to help ensure efficient and cost-effective air 
                        traffic control operation;
                            ``(vi) review the performance and 
                        cooperation of managers responsible for major 
                        acquisition projects, including the ability of 
                        the managers to meet schedule and budget 
                        targets; and
                            ``(vii) other significant actions that the 
                        Subcommittee considers appropriate and that are 
                        consistent with the implementation of this 
                        Act.''.

SEC. 908. COMPENSATION OF THE ADMINISTRATOR.

    Section 106(b) is amended--
            (1) by inserting ``(1)'' before ``The''; and
            (2) by adding at the end the following:
            ``(2) In addition to the annual rate of pay authorized for 
        the Administrator, the Administrator may receive a bonus not to 
        exceed 50 percent of the annual rate of basic pay, based upon 
        the Secretary's evaluation of the Administrator's performance 
        in relation to the performance goals set forth in a performance 
        agreement. A bonus may not cause the Administrator's total 
        aggregate compensation in a calendar year to equal or exceed 
        the amount of the President's salary under section 102 of title 
        3, United States Code.''.

SEC. 909. NATIONAL AIRSPACE REDESIGN.

    (a) Findings Relating to the National Airspace.--The Congress makes 
the following additional 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.
            (4) Redesign of the national airspace should be a high 
        priority for the Federal Aviation Administration and the air 
        transportation industry.
    (b) Redesign Report.--The Administrator, with advice from the 
aviation industry and other interested parties, shall conduct a 
comprehensive redesign of the national airspace system and shall submit 
a report to the Committee on Commerce, Science, and Transportation of 
the Senate and to the Committee on Transportation and Infrastructure of 
the House on the Administrator's comprehensive national airspace 
redesign. The report shall include projected milestones for completion 
of the redesign and shall also include a date for completion. The 
report must be submitted to the Congress no later than December 31, 
2000. There are authorized to be appropriated to the Administrator to 
carry out this section $12,000,000 for fiscal years 2000, 2001, and 
2002.

SEC. 910. FAA COSTS AND ALLOCATIONS SYSTEM MANAGEMENT.

    (a) Report on the Cost Allocation System.--No later than July 9, 
2000, the Administrator shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House on the cost 
allocation system currently under development by the Federal Aviation 
Administration. The report shall include a specific date for completion 
and implementation of the cost allocation system throughout the agency 
and shall also include the timetable and plan for the implementation of 
a cost management system.
    (b) Independent Assessment.--
            (1) In general.--The Inspector General of the Department of 
        Transportation shall conduct the assessments described in this 
        subsection. To conduct the assessments, the Inspector General 
        may use the staff and resources of the Inspector General or 
        contract with one or more independent entities.
            (2) Assessment of adequacy and accuracy of federal aviation 
        administration cost data and attributions.--
                    (A) In general.--The Inspector General shall 
                conduct an assessment to ensure that the method for 
                calculating the overall costs of the Federal Aviation 
                Administration and 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 
                Federal Aviation Administration's definition of the 
                services to which the Federal Aviation Administration 
                ultimately attributes its costs.
            (3) Cost effectiveness.--
                    (A) In general.--The Inspector General shall assess 
                the progress of the Federal Aviation Administration in 
                cost and performance management, including use of 
                internal and external benchmarking in improving the 
                performance and productivity of the Federal Aviation 
                Administration.
                    (B) Annual reports.--Not later than December 31, 
                2000, the Inspector General shall transmit to Congress 
                an updated report containing the results of the 
                assessment conducted under this paragraph.
                    (C) Information to be included in federal aviation 
                administration financial report.--The Administrator 
                shall include in the annual financial report of the 
                Federal Aviation Administration information on the 
                performance of the Administration sufficient to permit 
                users and others to make an informed evaluation of the 
                progress of the Administration in increasing 
                productivity.

SEC. 911. AIR TRAFFIC MODERNIZATION PILOT PROGRAM.

    (a) In General.--Chapter 445 is amended by adding at the end 
thereof the following:
``Sec. 44516. Air traffic modernization joint venture pilot program
    ``(a) Purpose.--It is the purpose of this section to improve 
aviation safety and enhance mobility of the Nation's air transportation 
system by facilitating the use of joint ventures and innovative 
financing, on a pilot program basis, between the Federal Aviation 
Administration and industry, to accelerate investment in critical air 
traffic control facilities and equipment.
    ``(b) Definitions.--As used in this section:
            ``(1) Association.--The term `Association' means the Air 
        Traffic Modernization Association established by this section.
            ``(2) Panel.--The term `panel' means the executive panel of 
        the Air Traffic Modernization Association.
            ``(3) Obligor.--The term `obligor' means a public airport, 
        an air carrier or foreign air carrier that operates a public 
        airport, or a consortium consisting of 2 or more of such 
        entities.
            ``(4) Eligible project.--The term `eligible project' means 
        a project relating to the Nation's air traffic control system 
        that promotes safety, efficiency or mobility, and is included 
        in the Airway Capital Investment Plan required by section 
        44502, including--
                    ``(A) airport-specific air traffic facilities and 
                equipment, including local area augmentation systems, 
                instrument landings systems, weather and wind shear 
                detection equipment, 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 control procedures, including consolidation of 
                terminal radar control facilities and equipment, or 
                assist in en route surveillance, including oceanic and 
                off-shore flight tracking.
            ``(5) Substantial completion.--The term `substantial 
        completion' means the date upon which a project becomes 
        available for service.
    ``(c) Air Traffic Modernization Association.--
            ``(1) In general.--There may be established in the District 
        of Columbia a private, not for profit corporation, which shall 
        be known as the Air Traffic Modernization Association, for the 
        purpose of providing assistance to obligors through arranging 
        lease and debt financing of eligible projects.
            ``(2) Non-federal entity.--The Association shall not be an 
        agency, instrumentality or establishment of the United States 
        Government and shall not be a `wholly-owned Government 
        controlled corporation' as defined in section 9101 of title 31, 
        United States Code. No action under section 1491 of title 28, 
        United States Code, shall be allowable against the United 
        States based on the actions of the Association.
            ``(3) Executive panel.--
                    ``(A) The Association shall be under the direction 
                of an executive panel made up of 3 members, as 
                follows--
                            ``(i) 1 member shall be an employee of the 
                        Federal Aviation Administration to be appointed 
                        by the Administrator;
                            ``(ii) 1 member shall be a representative 
                        of commercial air carriers, to be appointed by 
                        the Management Advisory Council; and
                            ``(iii) 1 member shall be a representative 
                        of operators of primary airports, to be 
                        appointed by the Management Advisory Council.
                    ``(B) The panel shall elect from among its members 
                a chairman who shall serve for a term of 1 year and 
                shall adopt such bylaws, policies, and administrative 
                provisions as are necessary to the functioning of the 
                Association.
    ``(4) Powers, duties and limitations.--Consistent with sound 
business techniques and provisions of this chapter, the Association is 
authorized--
                    ``(A) to borrow funds and enter into lease 
                arrangements as lessee with other parties relating to 
                the financing of eligible projects, provided that any 
                public debt issuance shall be rated investment grade by 
                a nationally recognized statistical rating 
                organization;
                    ``(B) to lend funds and enter into lease 
                arrangements as lessor with obligors, but--
                            ``(i) the term of financing offered by the 
                        Association shall not exceed the useful life of 
                        the eligible project being financed, as 
                        estimated by the Administrator; and
                            ``(ii) the aggregate amount of combined 
                        debt and lease financing provided under this 
                        subsection for air traffic control facilities 
                        and equipment--
                                    ``(I) may not exceed $500,000,000 
                                per fiscal year for fiscal years 2000, 
                                2001, and 2002;
                                    ``(II) shall be used for not more 
                                than 10 projects; and
                                    ``(III) may not provide funding in 
                                excess of $50,000,000 for any single 
                                project; and
                            ``(C) to exercise all other powers that are 
                        necessary and proper to carry out the purposes 
                        of this section.
            ``(5) Project selection criteria.--In selecting eligible 
        projects from applicants to be funded under this section, the 
        Association shall consider the following criteria:
                    ``(A) The eligible project's contribution to the 
                national air transportation system, as outlined in the 
                Federal Aviation Administration's modernization plan 
                for alleviating congestion, enhancing mobility, and 
                improving safety.
                    ``(B) The credit-worthiness of the revenue stream 
                pledged by the obligor.
                    ``(C) The extent to which assistance by the 
                Association will enable the obligor to accelerate the 
                date of substantial completion of the project.
                    ``(D) The extent of economic benefit to be derived 
                within the aviation industry, including both public and 
                private sectors.
    ``(d) Authority To Enter into Joint Venture.--
            ``(1) In general.--Subject to the conditions set forth in 
        this section, the Administrator of the Federal Aviation 
        Administration is authorized to enter into a joint venture, on 
        a pilot program basis, with Federal and non-Federal entities to 
        establish the Air Traffic Modernization Association described 
        in subsection (c) for the purpose of acquiring, procuring or 
        utilizing air traffic facilities and equipment in accordance 
        with the Airway Capital Investment Plan.
            ``(2) Cost sharing.--The Administrator is authorized to 
        make payments to the Association from amounts available under 
        section 4801(a) of this title, provided that the agency's share 
        of an annual payment for a lease or other financing agreement 
        does not exceed the direct or imputed interest portion of each 
        annual payment for an eligible project. The share of the annual 
        payment to be made by an obligor to the lease or other 
        financing agreement shall be in sufficient amount to amortize 
        the asset cost. If the obligor is an airport sponsor, the 
        sponsor may use revenue from a passenger facility fee, provided 
        that such revenue does not exceed 25 cents per enplaned 
        passenger per year.
            ``(3) Project specifications.--The Administrator shall have 
        the sole authority to approve the specifications, staffing 
        requirements, and operating and maintenance plan for each 
        eligible project, taking into consideration the recommendations 
        of the Air Traffic Services Subcommittee of the Management 
        Advisory Council.
    ``(e) Incentives for Participation.--An airport sponsor that enters 
into a lease or financial arrangement financed by the Air Traffic 
Modernization Association may use its share of the annual payment as a 
credit toward the non-Federal matching share requirement for any funds 
made available to the sponsor for airport development projects under 
chapter 471 of this title.
    ``(f) United States Not Obligated.--The contribution of Federal 
funds to the Association pursuant to subsection (d) of this section 
shall not be construed as a commitment, guarantee, or obligation on the 
part of the United States to any third party, nor shall any third party 
have any right against the United States by virtue of the contribution. 
The obligations of the Association do not constitute any commitment, 
guarantee or obligation of the United States.
    ``(g) Report to Congress.--Not later than 3 years after 
establishment of the Association, the Administrator shall provide a 
comprehensive and detailed report to the Senate Committee on Commerce, 
Science, and Transportation and the House Committee on Transportation 
and Infrastructure on the Association's activities including--
            ``(1) an assessment of the Association's effectiveness in 
        accelerating the modernization of the air traffic control 
        system;
            ``(2) a full description of the projects financed by the 
        Association and an evaluation of the benefits to the aviation 
        community and general public of such investment; and
            ``(3) recommendations as to whether this pilot program 
        should be expanded or other strategies should be pursued to 
        improve the safety and efficiency of the Nation's air 
        transportation system.
    ``(h) Authorization.--Not more than the following amounts may be 
appropriated to the Administrator from amounts made available under 
section 4801(a) of this title for the agency's share of the 
organizational and administrative costs for the Air Traffic 
Modernization Association--
            ``(1) $500,000 for fiscal year 2000;
            ``(2) $500,000 for fiscal year 2001; and
            ``(3) $500,000 for fiscal year 2002.
    ``(i) Relationship to Other Authorities.--Nothing in this section 
is intended to limit or diminish existing authorities of the 
Administrator to acquire, establish, improve, operate, and maintain air 
navigation facilities and equipment.''.
    (b) Conforming Amendments.--
            (1) Section 40117(b)(1) is amended by striking 
        ``controls.'' and inserting ``controls, or to finance an 
        eligible project through the Air Traffic Modernization 
        Association in accordance with section 44516 of this title.''.
            (2) The analysis for chapter 445 is amended by adding at 
        the end the following:

``44516. Air traffic modernization pilot program.''.

        TITLE X--METROPOLITAN AIRPORTS AUTHORITY IMPROVEMENT ACT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Metropolitan Airports Authority 
Improvement Act''.

SEC. 1002. REMOVAL OF LIMITATION.

    Section 49106(c)(6) of title 49, United States Code, is amended--
            (1) by striking subparagraph (C); and
            (2) by redesignating subparagraph (D) as subparagraph (C).

                       TITLE XI--NOISE ABATEMENT

SEC. 1101. GOOD NEIGHBORS POLICY.

    (a) Public Disclosure of Noise Mitigation Efforts by Air 
Carriers.--Not later than 1 year after the date of enactment of this 
Act, and annually thereafter, the Secretary of Transportation shall 
collect and publish information provided by air carriers regarding 
their operating practices that encourage their pilots to follow the 
Federal Aviation Administration's operating guidelines on noise 
abatement.
    (b) Safety First.--The Secretary shall take such action as is 
necessary to ensure that noise abatement efforts do not threaten 
aviation safety.
    (c) Protection of Proprietary Information.--In publishing 
information required by this section, the Secretary shall take such 
action as is necessary to prevent the disclosure of any air carrier's 
proprietary information.
    (d) No Mandate.--Nothing in this section shall be construed to 
mandate, or to permit the Secretary to mandate, the use of noise 
abatement settings by pilots.

SEC. 1102. GAO REVIEW OF AIRCRAFT ENGINE NOISE ASSESSMENT.

    (a) GAO Study.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall conduct 
a study and report to Congress on regulations and activities of the 
Federal Aviation Administration in the area of aircraft engine noise 
assessment. The study shall include a review of--
            (1) the consistency of noise assessment techniques across 
        different aircraft models and aircraft engines, and with 
        varying weight and thrust settings; and
            (2) a comparison of testing procedures used for unmodified 
        engines and engines with hush kits or other quieting devices.
    (b) Recommendations to the FAA.--The Comptroller General's report 
shall include specific recommendations to the Federal Aviation 
Administration on new measures that should be implemented to ensure 
consistent measurement of aircraft engine noise.

SEC. 1103. GAO REVIEW OF FAA COMMUNITY NOISE ASSESSMENT.

    (a) GAO Study.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall conduct 
a study and report to Congress on the regulations and activities of the 
Federal Aviation Administration in the area of noise assessment in 
communities near airports. The study shall include a review of whether 
the noise assessment practices of the Federal Aviation Administration 
fairly and accurately reflect the burden of noise on communities.
    (b) Recommendations to the FAA.--The Comptroller General's report 
shall include specific recommendations to the Federal Aviation 
Administration on new measures to improve the assessment of airport 
noise in communities near airports.

            TITLE XII--STUDY TO ENSURE CONSUMER INFORMATION

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Improved Consumer Access to Travel 
Information Act''.

SEC. 1202. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND 
              CHOICE IN THE AIRLINE INDUSTRY.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission to Ensure Consumer Information and Choice 
in the Airline Industry'' (in this section referred to as the 
``Commission'').
    (b) Duties.--
            (1) Study.--The Commission shall undertake a study of--
                    (A) consumer access to information about the 
                products and services of the airline industry;
                    (B) the effect on the marketplace of the emergence 
                of new means of distributing such products and 
                services;
                    (C) the effect on consumers of the declining 
                financial condition of travel agents in the United 
                States; and
                    (D) the impediments imposed by the airline industry 
                on distributors of the industry's products and 
                services, including travel agents and Internet-based 
                distributors.
            (2) Policy recommendations.--Based on the results of the 
        study described in paragraph (1), the Commission shall 
        recommend to the President and Congress policies necessary to--
                    (A) ensure full consumer access to complete 
                information concerning airline fares, routes, and other 
                services;
                    (B) ensure that the means of distributing the 
                products and services of the airline industry, and of 
                disseminating information about such products and 
                services, is adequate to ensure that competitive 
                information is available in the marketplace;
                    (C) ensure that distributors of the products and 
                services of the airline industry have adequate relief 
                from illegal, anticompetitive practices that occur in 
                the marketplace; and
                    (D) foster healthy competition in the airline 
                industry and the entry of new entrants.
    (c) Specific Matters to be Addressed.--In carrying out the study 
authorized under subsection (b)(1), the Commission shall specifically 
address the following:
            (1) Consumer access to information.--With respect to 
        consumer access to information regarding the services and 
        products offered by the airline industry, the following:
                    (A) The state of such access.
                    (B) The effect in the 5-year period following the 
                date of the study of the making of alliances in the 
                airline industry.
                    (C) Whether and to what degree the trends regarding 
                such access will produce benefits to consumers.
            (2) Means of distribution.--With respect to the means of 
        distributing the products and services of the airline industry, 
        the following:
                    (A) The state of such means of distribution.
                    (B) The roles played by travel agencies and 
                Internet-based providers of travel information and 
                services in distributing such products and services.
                    (C) Whether the policies of the United States 
                promote the access of consumers to multiple means of 
                distribution.
            (3) Airline reservation systems.--With respect to airline 
        reservation systems, the following:
                    (A) The rules, regulations, policies, and practices 
                of the industry governing such systems.
                    (B) How trends in such systems will affect 
                consumers, including--
                            (i) the effect on consumer access to flight 
                        reservation information; and
                            (ii) the effect on consumers of the use by 
                        the airline industry of penalties and 
                        promotions to convince distributors to use such 
                        systems, and the degree of consumer awareness 
                        of such penalties and promotions.
            (4) Legal impediments to distributors seeking relief for 
        anticompetitive actions.--The policies of the United States 
        with respect to the legal impediments to distributors seeking 
        relief for anticompetitive actions, including--
                    (A) Federal preemption of civil actions against 
                airlines; and
                    (B) the role of the Department of Transportation in 
                enforcing rules against anticompetitive practices.
    (d) Membership.--
            (1) Appointment.--The Commission shall be composed of 15 
        voting members and 11 nonvoting members as follows:
                    (A) 5 voting members and 1 nonvoting member 
                appointed by the President.
                    (B) 3 voting members and 3 nonvoting members 
                appointed by the Speaker of the House of 
                Representatives.
                    (C) 2 voting members and 2 nonvoting members 
                appointed by the Minority Leader of the House of 
                Representatives.
                    (D) 3 voting members and 3 nonvoting members 
                appointed by the Majority Leader of the Senate.
                    (E) 2 voting members and 2 nonvoting members 
                appointed by the Minority Leader of the Senate.
            (2) Qualifications.--Voting members appointed under 
        paragraph (1) shall be appointed from among individuals who are 
        experts in economics, service product distribution, or 
        transportation, or any related discipline, and who can 
        represent consumers, passengers, shippers, travel agents, 
        airlines, or general aviation.
            (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.
            (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 President, in consultation with the 
        Speaker of the House of Representatives and the Majority Leader 
        of the Senate, shall designate the Chairperson of the 
        Commission (referred to in this title as the ``Chairperson'') 
        from among its voting members.
    (e) Commission Panels.--The Chairperson shall establish such panels 
consisting of voting members of the Commission as the Chairperson 
determines appropriate to carry out the functions of the Commission.
    (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 Commission, 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 professional and administrative 
staff and other support, on a reimbursable basis, to assist the 
Commission or panel in carrying out its responsibilities.
    (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 information to the Commission.
    (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 recommendations made by the 
Commission under subsection (b)(2).
    (k) Termination.--The Commission shall terminate on the 30th day 
following the date of transmittal of the report under subsection (j). 
All records and papers of the Commission shall thereupon be delivered 
by the Administrator of General Services for deposit in the National 
Archives.
    (l) Applicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

  TITLE XIII--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

SEC. 1301. 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);
            (2) by striking the period at the end of paragraph (5) and 
        inserting in lieu thereof a semicolon; and
            (3) by adding at the end the following:
            ``(6) $240,000,000 for fiscal year 2000;
            ``(7) $250,000,000 for fiscal year 2001; and
            ``(8) $260,000,000 for fiscal year 2002;''.

SEC. 1302. 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 striking the period at the end of clause 
                (iv) and inserting in lieu thereof ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(v) 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 
        prepared in accordance with requirements of section 1116 of 
        title 31, United States Code.'' after ``effect for the prior 
        fiscal year.''.
    (b) Requirement.--Not later than March 1, 2000, the Administrator 
of the National Aeronautics and Space Administration 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 
        development requirements, roles, and responsibilities of the 
        National 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 coordination 
        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. 1303. INTERNET AVAILABILITY OF INFORMATION.

    The Administrator of the Federal Aviation Administration 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 authorized by the amendments made by this Act. Nothing 
in this section shall be construed to require or permit the release of 
any information prohibited by law or regulation from being released to 
the public.

SEC. 1304. 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. 1305. POST FREE FLIGHT PHASE I ACTIVITIES.

    No later than May 1, 2000, the Administrator of the Federal 
Aviation Administration 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 recommendations concerning operational capabilities for 
fiscal years 2003 through 2005 due to be made by the RTCA Free Flight 
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. 1306. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

    The Administrator of the Federal Aviation Administration 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 cooperative agreement for this purpose. Nothing in this 
section shall require the Administrator to prioritize an airfield 
payment research program above safety, security, Flight 21, 
environment, or energy research programs.

SEC. 1307. SENSE OF SENATE REGARDING PROTECTING THE FREQUENCY SPECTRUM 
              USED FOR AVIATION COMMUNICATION.

    It is the sense of the Senate that with the World Radio 
Communication Conference scheduled to begin in May, 2000, and the need 
to ensure that the frequency spectrum available for aviation 
communication and navigation is adequate, the Federal Aviation 
Administration 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 
        Ambassador to the World Radio Communication Conference.

SEC. 1308. STUDY.

    The Secretary shall conduct a study to evaluate the applicability 
of the techniques used to fund and administer research under the 
National Highway Cooperative Research Program and the National Transmit 
Research Program to the research needs of airports.

             TITLE XIV--AIRLINE CUSTOMER SERVICE COMMITMENT

SEC. 1401. AIRLINE CUSTOMER SERVICE REPORTS.

    (a) Secretary To Report Plans Received.--Each air carrier that 
provides scheduled passenger 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 (hereinafter referred to as the ``Airline Customer 
Service Commitment''), shall provide a copy of its individual customer 
service plan to the Secretary of Transportation by September 15, 1999. 
The Secretary, upon receipt of the individual plans, shall report to 
the Senate Committee on Commerce, Science, and Transportation and to 
the House of Representatives Committee on Transportation and 
Infrastructure the receipt of each such plan and transmit a copy of 
each plan.
    (b) Implementation.--The Inspector General of the Department of 
Transportation shall monitor the implementation of any plan submitted 
to the Secretary under subsection (a) and evaluate the extent to which 
each such carrier has met its commitments under its plan. Each such 
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 the Congress.--
            (1) Interim report.--The Inspector General shall submit a 
        report of the Inspector General's findings under subsection (a) 
        to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure by June 15, 2000, that 
        includes a status report on completion, publication, and 
        implementation of the Airline Customer Service Commitment and 
        the individual airline plans to carry it out. The report shall 
        include a review of whether each air carrier 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.--The Inspector General shall submit 
                a final report to the Senate Committee on Commerce, 
                Science, and Transportation and the House of 
                Representatives Committee on Transportation and 
                Infrastructure by December 31, 2000, on the 
                effectiveness of the Airline Customer Service 
                Commitment and the individual airline plans to carry it 
                out, including recommendations for improving 
                accountability, enforcement, and consumer protections 
                afforded to commercial air passengers.
                    (B) Specific content.--In the final report under 
                subparagraph (A), the Inspector General shall--
                            (i) evaluate each carrier's plan for 
                        whether it is consistent with the voluntary 
                        commitments established by the Air Transport 
                        Association in the Airline Customer Service 
                        Commitment;
                            (ii) evaluate each carrier as to the extent 
                        to which, and the manner in which, it has 
                        performed in carrying out its plan;
                            (iii) identify, by air carrier, how it has 
                        implemented each commitment covered by its 
                        plan; and
                            (iv) provide an analysis, by air carrier, 
                        of the methods of meeting each commitment, and 
                        in such analysis provide information that 
                        allows consumers to make decisions on the 
                        quality of air transportation provided by such 
                        carriers.

SEC. 1402. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE.

    The Secretary of Transportation shall initiate a rule making within 
30 days after the date of enactment of this Act to increase the 
domestic baggage liability limit in part 254 of title 14, Code of 
Federal Regulations.

SEC. 1403. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER 
              PROTECTION LAWS.

    Section 46301(a), as amended by section 407 of this Act, is amended 
by adding at the end thereof the following:
            ``(8) Consumer protection.--For a violation of sections 
        41310 and 41712, any rule or regulation promulgated thereunder, 
        or any other rule or regulation promulgated by the Secretary of 
        Transportation that is intended to afford protection to 
        commercial air transportation consumers, the maximum civil 
        penalty prescribed by subsection (a) may not exceed $2,500 for 
        each violation.''.

SEC. 1404. COMPTROLLER GENERAL INVESTIGATION.

    The Comptroller General of the United States shall study 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. The Comptroller General shall submit a report, based 
on the study, to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure by June 15, 2000.

SEC. 1405. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER PROTECTIONS.

    (a) In General.--Chapter 481 is amended by adding at the end 
thereof the following:
``Sec. 48112. Consumer protection
    ``There are authorized to be appropriated to the Secretary of 
Transportation out of the Airport and Airway Trust Fund established 
under section 9502 of the Internal Revenue Code of 1986 for the purpose 
of ensuring compliance with, and enforcing, the rights of air travelers 
under sections 41310 and 41712 of this title--
            ``(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.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 481 is 
amended by adding at the end thereof the following:

``48112. Consumer protection.''.

               TITLE XV--PENALTIES FOR UNRULY PASSENGERS

SEC. 1501. PENALTIES FOR UNRULY PASSENGERS.

    (a) In General.--Chapter 463 is amended by adding at the end the 
following:
``Sec. 46317. 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 table of sections for chapter 463 is 
amended by adding at the end the following:

``46317. Interference with cabin or flight crew.''.

SEC. 1502. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

    (a) Definitions.--In this section:
            (1) Aircraft.--The term ``aircraft'' has the meaning given 
        that term in section 40102.
            (2) Air transportation.--The term ``air transportation'' 
        has the meaning given that term in section 40102.
            (3) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
    (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 
                General 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 
                of air transportation; and
                    (B) encourage the participation of law enforcement 
                officers of State and local governments in the program 
                established under subparagraph (A).
            (2) Consultation.--In establishing the program under 
        paragraph (1), the Attorney General shall consult with 
        appropriate officials of--
                    (A) the Federal Government (including the 
                Administrator of the Federal Aviation Administration 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.--
                    (A) In general.--Under the program established 
                under this subsection, to qualify to serve as a Deputy 
                United States Marshal under the program, 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 equivalent requirements 
                        established by the Attorney General); 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 
                Federal 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 
                Federal Government established to provide training to 
                law enforcement officers of the Federal 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 established under subsection 
        (b) 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, 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 established 
        under subsection (b) 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 established under subsection (b) shall not--
                    (A) be considered to be an employee of the Federal 
                Government; or
                    (B) receive compensation from the Federal 
                Government by reason of service as a Deputy United 
                States Marshal in 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 under subsection (b) the power to 
        enforce any Federal 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 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.

SEC. 1503. STUDY AND REPORT ON AIRCRAFT NOISE.

    Not later than December 31, 2002, the Secretary of Transportation 
shall conduct a study and report to Congress on--
            (1) airport noise problems in the United States;
            (2) the status of cooperative consultations and agreements 
        between the Federal Aviation Administration and the 
        International Civil Aviation Organization on stage 4 aircraft 
        noise levels; and
            (3) the feasibility of proceeding with the development and 
        implementation of a timetable for air carrier compliance with 
        stage 4 aircraft noise requirements.

                     TITLE XVI--AIRLINE COMMISSION

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Improved Consumer Access to Travel 
Information Act''.

SEC. 1602. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND 
              CHOICE IN THE AIRLINE INDUSTRY.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission to Ensure Consumer Information and Choice 
in the Airline Industry'' (in this section referred to as the 
``Commission'').
    (b) Duties.--
            (1) Study.--The Commission shall undertake a study of--
                    (A) consumer access to information about the 
                products and services of the airline industry;
                    (B) the effect on the marketplace of the emergence 
                of new means of distributing such products and 
                services;
                    (C) the effect on consumers of the declining 
                financial condition of travel agents in the United 
                States; and
                    (D) the impediments imposed by the airline industry 
                on distributors of the industry's products and 
                services, including travel agents and Internet-based 
                distributors.
            (2) Policy recommendations.--Based on the results of the 
        study described in paragraph (1), the Commission shall 
        recommend to the President and Congress policies necessary to--
                    (A) ensure full consumer access to complete 
                information concerning airline fares, routes, and other 
                services;
                    (B) ensure that the means of distributing the 
                products and services of the airline industry, and of 
                disseminating information about such products and 
                services, is adequate to ensure that competitive 
                information is available in the marketplace;
                    (C) ensure that distributors of the products and 
                services of the airline industry have adequate relief 
                from illegal, anticompetitive practices that occur in 
                the marketplace; and
                    (D) foster healthy competition in the airline 
                industry and the entry of new entrants.
    (c) Specific Matters To Be Addressed.--In carrying out the study 
authorized under subsection (b)(1), the Commission shall specifically 
address the following:
            (1) Consumer access to information.--With respect to 
        consumer access to information regarding the services and 
        products offered by the airline industry, the following:
                    (A) The state of such access.
                    (B) The effect in the 5-year period following the 
                date of the study of the making of alliances in the 
                airline industry.
                    (C) Whether and to what degree the trends regarding 
                such access will produce benefits to consumers.
            (2) Means of distribution.--With respect to the means of 
        distributing the products and services of the airline industry, 
        the following:
                    (A) The state of such means of distribution.
                    (B) The roles played by travel agencies and 
                Internet-based providers of travel information and 
                services in distributing such products and services.
                    (C) Whether the policies of the United States 
                promote the access of consumers to multiple means of 
                distribution.
            (3) Airline reservation systems.--With respect to airline 
        reservation systems, the following:
                    (A) The rules, regulations, policies, and practices 
                of the industry governing such systems.
                    (B) How trends in such systems will affect 
                consumers, including--
                            (i) the effect on consumer access to flight 
                        reservation information; and
                            (ii) the effect on consumers of the use by 
                        the airline industry of penalties and 
                        promotions to convince distributors to use such 
                        systems, and the degree of consumer awareness 
                        of such penalties and promotions.
    (d) Membership.--
            (1) Appointment.--The Commission shall be composed of 15 
        voting members and 11 nonvoting members as follows:
                    (A) 5 voting members and 1 nonvoting member 
                appointed by the President.
                    (B) 3 voting members and 3 nonvoting members 
                appointed by the Speaker of the House of 
                Representatives.
                    (C) 2 voting members and 2 nonvoting members 
                appointed by the minority leader of the House of 
                Representatives.
                    (D) 3 voting members and 3 nonvoting members 
                appointed by the majority leader of the Senate.
                    (E) 2 voting members and 2 nonvoting members 
                appointed by the minority leader of the Senate
            (2) Qualifications.--Voting members appointed under 
        paragraph (1) shall be appointed from among individuals who are 
        experts in economics, service product distribution, or 
        transportation, or any related discipline, and who can 
        represent consumers, passengers, shippers, travel agents, 
        airlines, or general aviation.
            (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.
            (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 President, in consultation with the 
        Speaker of the House of Representatives and the majority leader 
        of the Senate, shall designate the Chairperson of the 
        Commission (referred to in this title as the ``Chairperson'') 
        from among its voting members.
    (e) Commission Panels.--The Chairperson shall establish such panels 
consisting of voting members of the Commission as the Chairperson 
determines appropriate to carry out the functions of the Commission.
    (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 Commission, 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 professional and administrative 
staff and other support, on a reimbursable basis, to assist the 
Commission or panel in carrying out its responsibilities.
    (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 information to the Commission.
    (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 recommendations made by the 
Commission under subsection (b)(2).
    (k) Termination.--The Commission shall terminate on the 30th day 
following the date of transmittal of the report under subsection (j). 
All records and papers of the Commission shall thereupon be delivered 
by the Administrator of General Services for deposit in the National 
Archives.
    (l) Applicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

                 TITLE XVII--TRANSPORTATION OF ANIMALS

SEC. 1701. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Safe Air Travel 
for Animals Act''.
    (b) Table of Contents.--The table of contents of this title is as 
follows:

Sec. 1701. Short title; table of contents.
Sec. 1702. Findings.

                       Subtitle A--Animal Welfare

Sec. 1711. Definition of transport.
Sec. 1712. Information on incidence of animals in air transport.
Sec. 1713. Reports by carriers on incidents involving animals during 
                            air transport.
Sec. 1714. Annual reports.

                       Subtitle B--Transportation

Sec. 1721. Policies and procedures for transporting animals.
Sec. 1722. Civil penalties and compensation for loss, injury, or death 
                            of animals during air transport.
Sec. 1723. Cargo hold improvements to protect animal health and safety.

SEC. 1702. FINDINGS.

    Congress finds that--
            (1) animals are live, sentient creatures, with the ability 
        to feel pain and suffer;
            (2) it is inappropriate for animals transported by air to 
        be treated as baggage;
            (3) according to the Air Transport Association, over 
        500,000 animals are transported by air each year and as many as 
        5,000 of those animals are lost, injured, or killed;
            (4) most injuries to animals traveling by airplane are due 
        to mishandling by baggage personnel, severe temperature 
        fluctuations, insufficient oxygen in cargo holds, or damage to 
        kennels;
            (5) there are no Federal requirements that airlines report 
        incidents of animal loss, injury, or death;
            (6) members of the public have no information to use in 
        choosing an airline based on its record of safety with regard 
        to transporting animals;
            (7) the last congressional action on animals transported by 
        air was conducted over 22 years ago; and
            (8) the conditions of cargo holds of airplanes must be 
        improved to protect the health, and ensure the safety, of 
        transported animals.

                       Subtitle A--Animal Welfare

SEC. 1711. DEFINITION OF TRANSPORT.

    Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by 
adding at the end the following:
    ``(p) Transport.--The term `transport', when used with respect to 
the air transport of an animal by a carrier, means the transport of the 
animal during the period the animal is in the custody of the 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.''.

SEC. 1712. INFORMATION ON INCIDENCE OF ANIMALS IN AIR TRANSPORT.

    Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is amended--
            (1) by striking ``Sec. 6. Every'' and inserting the 
        following:

``SEC. 6. REGISTRATION.

    ``(a) In General.--Each''; and
            (2) by adding at the end the following:
    ``(b) Information on Incidence of Animals in Air Transport.--Not 
later than 2 years after the date of enactment of this subsection, the 
Secretary shall require each airline carrier to--
            ``(1) submit to the Secretary real-time information (as the 
        information becomes available, but at least 24 hours in advance 
        of a departing flight) on each flight that will be carrying a 
        live animal, including--
                    ``(A) the flight number;
                    ``(B) the arrival and departure points of the 
                flight;
                    ``(C) the date and times of the flight; and
                    ``(D) a description of the number and types of 
                animals aboard the flight; and
            ``(2) ensure that the flight crew of an aircraft is 
        notified of the number and types of animals, if any, on each 
        flight of the crew.''.

SEC. 1713. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING 
              AIR TRANSPORT.

    Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended by 
adding at the end the following:
    ``(e) Reports by Carriers on Incidents Involving Animals During Air 
Transport.--
            ``(1) In general.--An airline carrier that causes, or is 
        otherwise involved in or associated with, an incident involving 
        the loss, injury, death or mishandling of an animal during air 
        transport shall submit a report to the Secretary of Agriculture 
        and the Secretary of Transportation that provides a complete 
        description of the incident.
            ``(2) Administration.--Not later than 90 days after the 
        date of enactment of this subsection, the Secretary of 
        Agriculture, in consultation with the Secretary of 
        Transportation, shall issue regulations that specify--
                    ``(A) the type of information that shall be 
                included in a report required under paragraph (1), 
                including--
                            ``(i) the date and time of an incident;
                            ``(ii) the location and environmental 
                        conditions of the incident site;
                            ``(iii) the probable cause of the incident; 
                        and
                            ``(iv) the remedial action of the carrier; 
                        and
                    ``(B) a mechanism for notifying the public 
                concerning the incident.
            ``(3) Consumer information.--The Secretary of 
        Transportation shall include information received under 
        paragraph (1) in the Air Travel Consumer Reports and other 
        consumer publications of the Department of Transportation in a 
        separate category of information.
            ``(4) Consumer complaints.--Not later than 15 days after 
        receiving a consumer complaint concerning the loss, injury, 
        death or mishandling of an animal during air transport, the 
        Secretary of Transportation shall provide a description of the 
        complaint to the Secretary of Agriculture.''.

SEC. 1714. ANNUAL REPORTS.

    Section 25 of the Animal Welfare Act (7 U.S.C. 2155) is amended in 
the first sentence--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) a summary of--
                    ``(A) incidents involving the loss, injury, or 
                death of animals transported by airline carriers; and
                    ``(B) consumer complaints regarding the 
                incidents.''.

                       Subtitle B--Transportation

SEC. 1721. POLICIES AND PROCEDURES FOR TRANSPORTING ANIMALS.

    (a) In General.--Subchapter I of chapter 417 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 41716. Policies and procedures for transporting animals
    ``An air carrier shall establish and include in each contract of 
carriage under part 253 of title 14, Code of Federal Regulations (or 
any successor regulation) policies and procedures of the carrier for 
transporting animals safely, including--
            ``(1) training requirements for airline personnel in the 
        proper treatment of animals being transported;
            ``(2) information on the risks associated with air travel 
        for animals;
            ``(3) a description of the conditions under which animals 
        are transported;
            ``(4) the safety record of the carrier with respect to 
        transporting animals; and
            ``(5) plans for handling animals prior to and after flight, 
        and when there are flight delays or other circumstances that 
        may affect the health or safety of an animal during 
        transport.''.
    (b) Table of Contents.--The analysis for chapter 417 of title 49, 
United States Code, is amended by adding at the end of the items 
relating to subchapter I the following:

``41716. Policies and procedures for transporting animals.''.

SEC. 1722. CIVIL PENALTIES AND COMPENSATION FOR LOSS, INJURY, OR DEATH 
              OF ANIMALS DURING AIR TRANSPORT.

    (a) In General.--Chapter 463 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 46317. Civil penalties and compensation for loss, injury, or 
              death of animals during air transport
    ``(a) Definitions.--In this section:
            ``(1) Carrier.--The term `carrier' means a person 
        (including any employee, contractor, or agent of the person) 
        operating an aircraft for the transportation of passengers or 
        property for compensation.
            ``(2) Transport.--The term `transport', when used with 
        respect to the air transport of an animal by a carrier, means 
        the transport of the animal during the period the animal is in 
        the custody of a 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) Civil Penalties.--
            ``(1) In general.--The Secretary may assess a civil penalty 
        of not more than $5,000 for each violation on, or issue a cease 
        and desist order against, any carrier that causes, or is 
        otherwise involved in or associated with, the loss, injury, or 
        death of an animal during air transport.
            ``(2) Cease and desist orders.--A carrier who knowingly 
        fails to obey a cease and desist order issued by the Secretary 
        under this subsection shall be subject to a civil penalty of 
        $1,500 for each offense.
            ``(3) Separate offenses.--For purposes of determining the 
        amount of a penalty imposed under this subsection, each 
        violation and each day during which a violation continues shall 
        be a separate offense.
            ``(4) Factors.--In determining whether to assess a civil 
        penalty under this subsection and the amount of the civil 
        penalty, the Secretary shall consider--
                    ``(A) the size and financial resources of the 
                business of the carrier;
                    ``(B) the gravity of the violation;
                    ``(C) the good faith of the carrier; and
                    ``(D) any history of previous violations by the 
                carrier.
            ``(5) Collection of penalties.--
                    ``(A) In general.--On the failure of a carrier to 
                pay a civil penalty assessed by a final order under 
                this section, the Secretary shall request the Attorney 
                General to institute a civil action in a district court 
                of the United States or other United States court for 
                any district in which the carrier is found or resides 
                or transacts business, to collect the penalty.
                    ``(B) Penalties.--The court shall have jurisdiction 
                to hear and decide an action brought under subparagraph 
                (A).
    ``(c) Compensation.--If an animal is lost, injured, or dies in 
transport by a carrier, unless the carrier proves that the carrier did 
not cause, and was not otherwise involved in or associated with, the 
loss, injury, or death of the animal, the owner of the animal shall be 
entitled to compensation from the carrier in an amount that--
            ``(1) is not less than 2 times any limitation established 
        by the carrier for loss or damage to baggage under part 254 of 
        title 14, Code of Federal Regulations (or any successor 
        regulation); and
            ``(2) includes all veterinary and other related costs that 
        are documented and initiated not later than 1 year after the 
        incident that caused the loss, injury, or death of the 
        animal.''.
    (b) Table of Contents.--The analysis for chapter 463 of title 49, 
United States Code, is amended by adding at the end the following:

``46317. Civil penalties and compensation for loss, injury, or death of 
                            animals during air transport.''.

SEC. 1723. CARGO HOLD IMPROVEMENTS TO PROTECT ANIMAL HEALTH AND SAFETY.

    (a) In General.--To protect the health and safety of animals in 
transport, the Secretary of Transportation shall--
            (1) in conjunction with requiring certain transport 
        category airplanes used in passenger service to replace class D 
        cargo or baggage compartments with class C cargo or baggage 
        compartments under parts 25, 121, and 135 of title 14, Code of 
        Federal Regulations, to install, to the maximum extent 
        practicable, systems that permit positive airflow and heating 
        and cooling for animals that are present in cargo or baggage 
        compartments; and
            (2) effective beginning January 1, 2001, prohibit the 
        transport of an animal by any carrier in a cargo or baggage 
        compartment that fails to include a system described in 
        paragraph (1).
    (b) Report.--Not later than March 31, 2002, the Secretary shall 
submit a report to Congress that describes actions that have been taken 
to carry out subsection (a).

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 1000

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                               AMENDMENT

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