[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1000 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1000

 To amend title 49, United States Code, to reauthorize programs of the 
        Federal Aviation Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1999

 Mr. Shuster (for himself, Mr. Duncan, Mr. Oberstar, and Mr. Lipinski) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
 the Budget, and Rules, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to reauthorize programs of the 
        Federal Aviation Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Aviation 
Investment and Reform Act for the 21st Century''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Administrator defined.
                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. Aviation safety accelerated program.
Sec. 105. AIP formula changes.
Sec. 106. Discretionary use of unused apportionments.
Sec. 107. Designating current and former military airports.
Sec. 108. Eligibility of runway incursion prevention devices; emergency 
                            call boxes.
Sec. 109. Passenger facility fees.
Sec. 110. Competition plans.
Sec. 111. Grants from small airport fund.
Sec. 112. Contract tower cost-sharing.
Sec. 113. Innovative use of airport grant funds.
Sec. 114. Airport security program.
Sec. 115. Matching share.
Sec. 116. Passenger facility fees and letters of intent.
Sec. 117. Treatment of certain facilities as airport-related projects.
Sec. 118. Terminal development costs.
Sec. 119. Conveyances of surplus property for public airports.
Sec. 120. Construction of runways.
Sec. 121. General facilities authority.
Sec. 122. Denial of airport access to certain air carriers.
Sec. 123. Budget submission.
Sec. 124. Technical amendments.
Sec. 125. Use of recycled materials.
Sec. 126. Pavement maintenance.
                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

    Subtitle A--Service to Airports Not Receiving Sufficient Service

Sec. 201. Access to high density airports.
Sec. 202. Funding for air carrier service to airports not receiving 
                            sufficient service.
Sec. 203. Waiver of local contribution.
Sec. 204. Policy for air service to rural areas.
           Subtitle B--Regional Air Service Incentive Program

Sec. 211. Establishment of regional air service incentive program.
Sec. 212. Authorization of appropriations.
                    TITLE III--FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.
Sec. 302. Air traffic control oversight board.
Sec. 303. Chief operating officer.
Sec. 304. Federal Aviation Management Advisory Council.
Sec. 305. Environmental streamlining.
Sec. 306. Clarification of regulatory approval process.
Sec. 307. Independent study of FAA costs and allocations.
                      TITLE IV--FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Applicability of Death on the High Seas Act.
                            TITLE V--SAFETY

Sec. 501. Cargo collision avoidance systems deadlines.
Sec. 502. Records of employment of pilot applicants.
Sec. 503. Whistleblower protection for FAA employees.
Sec. 504. Safety risk mitigation programs.
Sec. 505. Flight operations quality assurance rules.
Sec. 506. Small airport certification.
Sec. 507. Life-limited aircraft parts.
Sec. 508. FAA may fine unruly passengers.
                   TITLE VI--WHISTLEBLOWER PROTECTION

Sec. 601. Protection of employees providing air safety information.
Sec. 602. Civil penalty.
                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.
Sec. 702. Prohibition on release of offeror proposals.
Sec. 703. Multiyear procurement contracts.
Sec. 704. Federal Aviation Administration personnel management system.
Sec. 705. Nondiscrimination in airline travel.
Sec. 706. General facilities and personnel authority.
Sec. 707. Implementation of article 83 BIS of the Chicago Convention.
Sec. 708. Public availability of airmen records.
Sec. 709. Appeals of emergency revocations of certificates.
Sec. 710. Government and industry consortia.
Sec. 711. Passenger manifest.
Sec. 712. Cost recovery for foreign aviation services.
Sec. 713. Technical corrections to civil penalty provisions.
Sec. 714. Enhanced vision technologies.
Sec. 715. Waiver under Airport Noise and Capacity Act.
Sec. 716. Typographical errors.
Sec. 717. Acquisition management system.
Sec. 718. Extension of application approvals for Metropolitan 
                            Washington Airport Authority.
Sec. 719. Aircraft situational display data.
Sec. 720. Elimination of backlog of equal employment opportunity 
                            complaints.
Sec. 721. Newport News, Virginia.
Sec. 722. Grant of easement, Los Angeles, California.
Sec. 723. Regulation of Alaska guide pilots.
Sec. 724. Public aircraft.
Sec. 725. Extension of war risk insurance program.
Sec. 726. Centennial of Flight Commission.
Sec. 727. Pilot program for capital leasing contracts.
Sec. 728. Repeal of mail rate-setting authority.
Sec. 729. Aircraft repair and maintenance advisory panel.
             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Air tour management plans for national parks.
Sec. 804. Advisory group.
Sec. 805. Reports.
Sec. 806. Exemptions.
Sec. 807. Definitions.
                      TITLE IX--TRUTH IN BUDGETING

Sec. 901. Short title.
Sec. 902. Budgetary treatment of Airport and Airway Trust Fund, Inland 
                            Waterways Trust Fund, and Harbor 
                            Maintenance Trust Fund.
Sec. 903. Safeguards against deficit spending out of Airport and Airway 
                            Trust Fund.
Sec. 904. Applicability.
                  TITLE X--AVIATION SPENDING GUARANTEE

Sec. 1001. Discretionary spending categories.
Sec. 1002. Budget estimates.
Sec. 1003. Guaranteed expenditure of aviation revenue.

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

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

SEC. 3. ADMINISTRATOR DEFINED.

    In this Act, the term ``Administrator'' means the Administrator of 
the Federal Aviation Administration.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103 is amended by 
striking ``shall be $1,205,000,000'' and all that follows through the 
period at the end and inserting the following: ``shall be--
            ``(1) $2,410,000,000 for fiscal year 1999; and
            ``(2) $5,000,000,000 for each of fiscal years 2000 through 
        2004.''.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``March 31, 1999,'' and inserting ``September 30, 2004,''.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

    (a) General Authorization and Appropriations.--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) $3,000,000,000 for fiscal year 2000.
            ``(3) $3,200,000,000 for each of fiscal years 2001 through 
        2004.''.
    (b) Universal Access Systems.--Section 48101 is amended by adding 
at the end the following:
    ``(d) Universal Access Systems.--Of the amounts appropriated under 
subsection (a) for fiscal year 2000, $8,000,000 may be used for the 
voluntary purchase and installation of universal access systems.''.

SEC. 103. FAA OPERATIONS.

    (a) Authorization of Appropriations From General Fund.--Section 
106(k) is amended--
            (1) by inserting ``(1) In general.--'' before ``There'';
            (2) in paragraph (1) (as designated by paragraph (1) of 
        this subsection) by striking ``the Administration'' and all 
        that follows through the period at the end and inserting the 
        following: ``the Administration--
            ``(1) $5,632,000,000 for fiscal year 1999;
            ``(2) $6,096,000,000 for fiscal year 2000;
            ``(3) $6,675,000,000 for fiscal year 2001;
            ``(4) $7,310,000,000 for fiscal year 2002;
            ``(5) $8,004,000,000 for fiscal year 2003; and
            ``(6) $8,764,000,000 for fiscal year 2004.'';
            (3) by adding at the end the following:
            ``(2) Authorized expenditures.--Of the amounts appropriated 
        under paragraph (1) for fiscal years 2000 through 2004--
                    ``(A) $450,000 per fiscal year may be used for 
                wildlife hazard mitigation measures and management of 
                the wildlife strike database of the Federal Aviation 
                Administration;
                    ``(B) such sums as may be necessary may be used to 
                fund an office within the Federal Aviation 
                Administration dedicated to supporting infrastructure 
                systems development for both general aviation and the 
                vertical flight industry;
                    ``(C) such sums as may be necessary may be used to 
                revise existing terminal and en route procedures and 
                instrument flight rules to facilitate the takeoff, 
                flight, and landing of tiltrotor aircraft and to 
                improve the national airspace system by separating such 
                aircraft from congested flight paths of fixed-wing 
                aircraft;
                    ``(D) such sums as may be necessary may be used to 
                establish helicopter approach procedures using current 
                technologies (such as the Global Positioning System) to 
                support all-weather, emergency medical service for 
                trauma patients;
                    ``(E) $3,000,000 per fiscal year may be used to 
                implement the 1998 airport surface operations safety 
                action plan of the Federal Aviation Administration;
                    ``(F) $2,000,000 per fiscal year may be used to 
                support a university consortium established to provide 
                an air safety and security management certificate 
                program, working cooperatively with United States air 
                carriers; except that funds under this subparagraph--
                            ``(i) may not be used for the construction 
                        of a building or other facility; and
                            ``(ii) may only be awarded on the basis of 
                        open competition; and
                    ``(G) such sums as may be necessary may be used to 
                develop or improve training programs (including model 
                training programs and curriculum) for security 
                screeners at airports.''; and
            (4) by indenting paragraph (1) (as designated by paragraph 
        (1) of this subsection) and aligning such paragraph (1) with 
        paragraph (2) (as added by paragraph (2) of this subsection).
    (b) Authorization of Appropriations From Trust Fund.--Section 48104 
is amended by striking subsections (b) and (c) and inserting the 
following:
    ``(b) Limitation for Fiscal Year 1999.--The amount appropriated 
from the Trust Fund for the purposes of paragraphs (1) and (2) of 
subsection (a) for fiscal year 1999 may not exceed the lesser of--
            ``(1) 50 percent of the amount of funds made available 
        under sections 48101 through 48103 for such fiscal year; or
            ``(2)(A) 72.5 percent of the amount of funds made available 
        under sections 106(k) and 48101 through 48103 for such fiscal 
        year; less
            ``(B) the amount of funds made available under sections 
        48101-48103 for such fiscal year.
    ``(c) Limitation for Fiscal Years 2000-2004.--The amount 
appropriated from the Trust Fund for the purposes of paragraphs (1) and 
(2) of subsection (a) for each of fiscal years 2000 through 2004 may 
not exceed--
            ``(1) 70 percent of the FAA guaranteed spending levels for 
        budget resources under section 48302, as adjusted, for such 
        fiscal year; less
            ``(2) the amount of funds made available under sections 
        48101 through 48103 and 48112 for such fiscal year.''.
    (c) Limitation on Obligating or Expending Amounts.--Section 
48108(c) is amended by striking ``1998'' and inserting ``2004''.

SEC. 104. AVIATION SAFETY ACCELERATED PROGRAM.

    (a) Funding.--
            (1) Establishment of funding levels.--Chapter 481 is 
        amended by adding at the end the following:
``Sec. 48112. Aviation safety accelerated program
    ``The total amounts which shall be available after September 30, 
1999, out of the Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to 
make grants for the aviation safety accelerated program under section 
47161 shall be--
            ``(1) $921,000,000 for fiscal year 2000;
            ``(2) $1,254,000,000 for fiscal year 2001;
            ``(3) $2,157,000,000 for fiscal year 2002;
            ``(4) $2,787,000,000 for fiscal year 2003; and
            ``(5) $3,125,000,000 for fiscal year 2004.''.
            (2) Conforming amendment.--The analysis for such chapter is 
        amended by adding at the end the following:

``48112. Aviation safety accelerated program.''.
    (b) Establishment of Program.--
            (1) In general.--Chapter 471 is amended by adding at the 
        end the following:

         ``SUBCHAPTER III--AVIATION SAFETY ACCELERATED PROGRAM

``Sec. 47161. Project grant authority
    ``(a) General Authority.--To provide for the aviation safety 
accelerated program, the Secretary of Transportation may make project 
grants under this subchapter from the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 1986.
    ``(b) Incurring Obligations.--The Secretary may incur obligations 
to make grants from amounts made available for a fiscal year ending on 
or before September 30, 2004, under section 48112 beginning on the 
first day of the fiscal year.
``Sec. 47162. Eligible projects
    ``Projects for the following purposes shall be eligible for 
assistance under this subchapter:
            ``(1) Projects to provide substantial and immediate 
        benefits to reduce delays and congestion at airports and in the 
        air traffic control system.
            ``(2) Projects to construct airport improvements or acquire 
        air traffic equipment to enhance competition among air carriers 
        at an airport.
            ``(3) Projects to enhance air service to small- and medium-
        sized communities.
``Sec. 47163. Allocation of amounts
    ``Of the total amount made available under section 48112 for a 
fiscal year--
            ``(1) not more than 35 percent may be used for projects 
        described in section 47162(1);
            ``(2) not more than 35 percent may be used for projects 
        described in subsection 47162(2); and
            ``(3) not more than 30 percent may be used for projects 
        described in subsection 47162(3).
``Sec. 47164. Procedural requirements
    ``The Secretary shall establish innovative methods for processing, 
reviewing, and approving projects funded under this subchapter in order 
to reduce, to the maximum extent practicable, the time required from an 
applicant's request for project approval through the completion of the 
project. In carrying out this section, the Secretary shall incorporate 
best management practices used from similar programs carried out by the 
Department of Transportation for other modes of transportation.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 471 is amended by adding at the end the following:

         ``SUBCHAPTER III--AVIATION SAFETY ACCELERATED PROGRAM

``47161. Project grant authority.
``47162. Eligible projects.
``47163. Allocation of amounts.
``47164. Procedural requirements.''.

SEC. 105. AIP FORMULA CHANGES.

    (a) Discretionary Fund.--Section 47115 is amended by striking 
subsections (g) and (h) and inserting the following:
    ``(g) Priority for Letters of Intent.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall fulfill intentions to obligate under section 47110(e) 
        with amounts available in the fund established by subsection 
        (a) and, if such amounts are not sufficient for a fiscal year, 
        with amounts made available to carry out sections 
        47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) on a pro 
        rata basis.
            ``(2) Procedure.--Before apportioning funds under sections 
        47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of each 
        fiscal year, the Secretary shall determine the amount of funds 
        that will be necessary to fulfill intentions to obligate under 
        section 47110(e) in such fiscal year. If such amount is greater 
        than the amount of funds that will be available in the fund 
        established by subsection (a) for such fiscal year, the 
        Secretary shall reduce the amount to be apportioned under such 
        sections for such fiscal year on a pro rata basis by an amount 
        equal to the difference.''.
    (b) Amounts Apportioned to Sponsors.--Section 47114(c)(1) is 
amended--
            (1) in subparagraph (A) by striking clauses (i) through (v) 
        and inserting the following:
            ``(i) $23.40 for each of the first 50,000 passenger 
        boardings at the airport during the prior calendar year;
            ``(ii) $15.60 for each of the next 50,000 passenger 
        boardings at the airport during the prior calendar year;
            ``(iii) $7.80 for each of the next 400,000 passenger 
        boardings at the airport during the prior calendar year;
            ``(iv) $1.95 for each of the next 500,000 passenger 
        boardings at the airport during the prior calendar year; and
            ``(v) $1.50 for each additional passenger boarding at the 
        airport during the prior calendar year.'';
            (2) in subparagraph (B) by striking ``$500,000 nor more 
        than $22,000,000'' and inserting ``$1,500,000''; and
            (3) by adding at the end the following:
    ``(C) Notwithstanding subparagraph (A), the Secretary shall 
apportion to an airport sponsor in a fiscal year an amount equal to the 
amount apportioned to that sponsor in the previous fiscal year if the 
Secretary finds that--
            ``(i) passenger boardings at the airport were less than 
        10,000 in the calendar year used to calculate the 
        apportionment;
            ``(ii) the airport had at least 10,000 passenger boardings 
        in the calendar year prior to the calendar year used to 
        calculate the apportionment; and
            ``(iii) the cause of the decrease in passenger boardings 
        was a temporary but significant 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 airport.''.
    (c) Cargo Only Airports.--Section 47114(c)(2)(A) is amended by 
striking ``2.5 percent'' and inserting ``3 percent''.
    (d) Entitlement for General Aviation Airports.--
            (1) In general.--Section 47114(d)(2) is amended--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``18.5 percent'' and inserting ``20 percent'';
                    (B) in subparagraph (A) by striking ``0.66'' and 
                inserting ``0.62''; and
                    (C) in each of subparagraphs (B) and (C)--
                            (i) by striking ``paragraph (3)'' and 
                        inserting ``paragraphs (3) and (4)''; and
                            (ii) by striking ``49.67'' and inserting 
                        ``49.69''.
            (2) Special rule.--Section 47114(d) is amended by adding at 
        the end the following:
            ``(4) Minimum apportionment.--Each airport, excluding 
        primary airports but including reliever and nonprimary 
        commercial service airports, in States shall be apportioned an 
        amount under paragraph (2) that is the lesser of--
            ``(A) $200,000; or
            ``(B) one-fifth of the most recently published estimate of 
        the 5-year costs for airport improvement for the airport, as 
        listed in the national plan of integrated airport systems 
        developed by the Federal Aviation Administration under section 
        47103.''.
    (e) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
            ``(3) Special rule.--An amount apportioned under paragraph 
        (2) of this subsection for airports in Alaska, Puerto Rico, or 
        Hawaii may be made available by the Secretary for any public 
        airport in those respective jurisdictions.''.
    (f) Use of State-Apportioned Funds for System Planning.--Section 
47114(d) is further amended by adding at the end the following:
            ``(5) Integrated airport system planning.--Notwithstanding 
        paragraph (2), funds made available under this subsection may 
        be used for integrated airport system planning that encompasses 
        1 or more primary airports.''.
    (g) Flexibility in Pavement Construction Standards.--
    Section 47114(d) is further amended by adding at the end the 
following:
            ``(6) Flexibility in pavement construction standards.--The 
        Secretary may permit the use of State highway specifications 
        for airfield pavement construction using funds made available 
        under this subsection at nonprimary airports serving aircraft 
        that do not exceed 60,000 pounds gross weight if the Secretary 
        determines that--
                    ``(A) safety will not be negatively affected; and
                    ``(B) the life of the pavement will not be shorter 
                than it would be if constructed using Federal Aviation 
                Administration standards.''.
    (h) Grants for Airport Noise Compatibility Planning.--Section 
47117(e)(1) is amended--
            (1) in subparagraph (A) by striking ``31 percent'' each 
        place it appears and inserting ``34 percent''; and
            (2) in subparagraph (B) by striking ``At least'' and all 
        that follows through ``sponsors of current'' and inserting ``At 
        least 4 percent to sponsors of current''.
    (i) Supplemental Apportionment for Alaska.--Section 47114(e) is 
amended--
            (1) in the subsection heading by striking ``Alternative'' 
        and inserting ``Supplemental'';
            (2) in paragraph (1)--
                    (A) by striking ``Instead of apportioning amounts 
                for airports in Alaska under'' and inserting ``In 
                general.--Notwithstanding'';
                    (B) by striking ``those airports'' and inserting 
                ``airports in Alaska''; and
                    (C) by inserting before the period at the end of 
                the first sentence ``and by increasing the amount so 
                determined for each of those airports by 3 times'';
            (3) in paragraph (2) by inserting ``Authority for 
        discretionary grants.--'' before ``This subsection'';
            (4) by striking paragraph (3) and inserting the following:
            ``(3) Airports eligible for funds.--An amount apportioned 
        under this subsection may be used for any public airport in 
        Alaska.''; and
            (5) by indenting paragraph (1) and aligning it and 
        paragraph (2) with paragraph (3) (as amended by paragraph (4) 
        of this subsection).
    (j) Repeal of Apportionment Limitation on Commercial Service 
Airports in Alaska.--Section 47117 is amended by striking subsection 
(f) and by redesignating subsections (g) and (h) as subsections (f) and 
(g), respectively.
    (k) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999.

SEC. 106. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.

    (a) In General.--Section 47117(f) (as redesignated by section 
105(j) of this Act) is amended to read as follows:
    ``(f) Discretionary Use of Apportionments.--
            ``(1) In general.--Subject to paragraph (2), if the 
        Secretary finds that all or part of an amount of an 
        apportionment under section 47114 is not required during a 
        fiscal year to fund a grant for which the apportionment may be 
        used, the Secretary may use the amount not so required to make 
        grants for airport planning and airport development under 
        section 47104 during such fiscal year. The finding may be based 
        on the notifications that the Secretary receives under section 
        47105(f) or on other information received from airport 
        sponsors.
            ``(2) Restoration of apportionments.--
                    ``(A) In general.--If the fiscal year for which a 
                finding is made under paragraph (1) with respect to an 
                apportionment is not the last fiscal year of 
                availability of the apportionment, under subsection 
                (b), the Secretary shall restore, to the apportionment 
                an amount equal to the amount of the apportionment used 
                under paragraph (1) for a discretionary grant whenever 
                a sufficient amount is made available under section 
                48103 for grant obligations under sections 47104.
                    ``(B) Period of availability.--If restoration under 
                this paragraph is made in the fiscal year for which the 
                finding is made or the succeeding fiscal year, the 
                amount restored shall be subject to the original period 
                of availability of the apportionment under subsection 
                (b). If the restoration is made thereafter, the amount 
                restored shall remain available in accordance with 
                subsection (b) for the original period of availability 
                of the apportionment, plus the number of fiscal years 
                during which a sufficient amount was not available for 
                the restoration.
            ``(3) Newly available amounts.--
                    ``(A) Restored amounts to be unavailable for 
                discretionary grants.--Of an amount newly available 
                under section 48103 of this title, an amount equal to 
                the amounts restored under paragraph (2) shall not be 
                available for discretionary grant obligations under 
                section 47115.
                    ``(B) Use of remaining amounts.--Subparagraph (A) 
                does not impair the Secretary's authority under 
                paragraph (1), after a restoration under paragraph (2), 
                to apply all or part of a restored amount that is not 
                required to fund a grant under an apportionment to fund 
                discretionary grants.
            ``(4) Limitations on obligations apply.--Nothing in this 
        subsection shall be construed to authorize the Secretary to 
        incur grant obligations under section 47104 for a fiscal year 
        in an amount greater than the amount made available under 
        section 48103 for such obligations for such fiscal year.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on October 1, 1999.

SEC. 107. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

    (a) In General.--Section 47118 is amended--
            (1) in subsection (a) by striking ``12'' and inserting 
        ``20'';
            (2) by striking subsection (c) and redesignating 
        subsections (d) through (f) as subsections (c) through (e), 
        respectively;
            (3) in subsection (c) (as so redesignated)--
                    (A) by striking ``47117(e)(1)(E)'' and inserting 
                ``47117(e)(1)(B)'';
                    (B) by striking ``5-fiscal-year periods'' and 
                inserting ``periods, each not to exceed 5 fiscal 
                years,''; and
                    (C) by striking ``each such subsequent 5-fiscal-
                year period'' and inserting ``each such subsequent 
                period''; and
            (4) by adding at the end the following:
    ``(f) Designation of General Aviation Airport.--Notwithstanding any 
other provision of this section, at least 3 of the airports designated 
under subsection (a) shall be general aviation airports that were 
former military installations closed or realigned under a section 
referred to in subsection (a)(1).''.
    (b) Terminal Building Facilities.--Section 47118(e) is amended by 
striking ``$5,000,000'' and inserting ``$7,000,000''.
    (c) Eligibility of Air Cargo Terminals.--Section 47118(f) is 
amended--
            (1) in subsection heading by striking ``and Hangers'' and 
        inserting ``Hangers, and Air Cargo Terminals.--'';
            (2) by striking ``$4,000,000'' and inserting 
        ``$7,000,000''; and
            (3) by inserting after ``hangers'' the following: ``and air 
        cargo terminals of an area that is 50,000 square feet or 
        less''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999.

SEC. 108. ELIGIBILITY OF RUNWAY INCURSION PREVENTION DEVICES; EMERGENCY 
              CALL BOXES.

    (a) 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 ``technology''.
    (b) Maximum Use of Safety Facilities.--Section 47101(f) is 
amended--
            (1) by striking ``and'' at the end of paragraph (9); and
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) runway and taxiway incursion prevention devices, 
        including integrated in-pavement lighting systems for runways 
        and taxiways.''.
    (c) Airport Development Defined.--Section 47102(3)(B) is amended--
            (1) in clause (ii)--
                    (A) by striking ``and universal access systems,'' 
                and inserting ``, universal access systems, and 
                emergency call boxes,''; and
                    (B) by inserting ``and integrated in-pavement 
                lighting systems for runways and taxiways and other 
                runway and taxiway incursion prevention devices'' 
                before the semicolon at the end; and
            (2) by inserting before the semicolon at the end of clause 
        (iii) the following: ``, including closed circuit weather 
        surveillance equipment''.

SEC. 109. PASSENGER FACILITY FEES.

    (a) Authority To Impose Higher Fee.--Section 40117(b) is amended by 
adding at the end the following:
    ``(4) Notwithstanding paragraph (1), the Secretary may authorize 
under this section an eligible agency to impose a passenger facility 
fee in whole dollar amounts of more than $3 on each paying passenger of 
an air carrier or foreign air carrier boarding an aircraft at an 
airport the agency controls to finance an eligible airport-related 
project, including making payments for debt service on indebtedness 
incurred to carry out the project, if the Secretary finds--
            ``(A) that the project will make a significant contribution 
        to improvement in air safety, increase in competition among air 
        carriers, reduction in current or anticipated congestion, or 
        reduction in the impact of aviation noise on people living near 
        the airport;
            ``(B) that the project cannot be paid for from funds 
        reasonably expected to be available for the programs referred 
        to in sections 48103 and 48112; and
            ``(C) that the amount to be imposed is not more than twice 
        that which may be imposed under paragraph (1).''.
    (b) Limitation on Approval of Certain Applications.--Section 
40117(d) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) in the case of an application to impose a fee of more 
        than $3 for a surface transportation or terminal project, the 
        agency has made adequate provision for financing the airside 
        needs of the airport, including runways, taxiways, aprons, and 
        aircraft gates.''.
    (c) Reducing Apportionments.--Section 47114(f) is amended--
            (1) by striking ``An amount'' and inserting the following:
            ``(1) In general.--An amount'';
            (2) by striking ``an amount equal to'' and all that follows 
        through the period at the end and inserting the following: ``an 
        amount equal to--
                    ``(A) in the case of a fee of $3 or less, 50 
                percent of the projected revenues from the fee in the 
                fiscal year but not by more than 50 percent of the 
                amount that otherwise would be apportioned under this 
                section; and
                    ``(B) in the case of a fee of more than $3, 75 
                percent of the projected revenues from the fee in the 
                fiscal year but not by more than 75 percent of the 
                amount that otherwise would be apportioned under this 
                section.''; and
            (3) by adding at the end the following:
                    ``(2) Effective date of reduction.--A reduction in 
                an apportionment required by paragraph (1) shall not 
                take effect until the first fiscal year following the 
                year in which the collection of the fee imposed under 
                section 40117 is begun.''.

SEC. 110. COMPETITION PLANS.

    (a) In General.--Section 47106 is amended by adding at the end the 
following:
    ``(f) Competition Plans.--
            ``(1) Prohibition.--Beginning in fiscal year 2001, no 
        passenger facility fee may be approved for a covered airport 
        under section 40117 and no grant may be made under this 
        subchapter for a covered airport unless the airport has 
        submitted to the Secretary a written competition plan in 
        accordance with this subsection.
            ``(2) Contents.--A competition plan under this subsection 
        shall include information on the availability of airport gates 
        and related facilities, leasing and sub-leasing arrangements, 
        gate-use requirements, patterns of air service, gate-assignment 
        policy, financial constraints, airport controls over air- and 
        ground-side capacity, whether the airport intends to build or 
        acquire gates that would be used as common facilities, and 
        airfare levels compared to other large airports.
            ``(3) Covered airport defined.--In this subsection, the 
        term `covered airport' means an airport--
                    ``(A) that has more than .25 percent of the total 
                number of passenger boardings each year at all 
                commercial service airports; and
                    ``(B) at which 1 or 2 air carriers control more 
                than 50 percent of the passenger boardings.''.
    (b) Cross Reference.--Section 40117 is amended by adding at the end 
the following:
    ``(j) Competition Plans.--Beginning in fiscal year 2001, no 
eligible agency may impose a passenger facility fee under this section 
with respect to a covered airport (as such term is defined in section 
47106(f)) unless the agency has submitted to the Secretary a written 
competition plan in accordance with such section. This subsection does 
not apply to passenger facility fees in effect before the date of 
enactment of this subsection.''.

SEC. 111. GRANTS FROM SMALL AIRPORT FUND.

    (a) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--Section 47116 is amended by adding at the end the 
following:
    ``(e) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--In the first fiscal year beginning after the effective 
date of regulations issued to carry out section 44706(b) with respect 
to airports described in section 44706(a)(2), and in each of the next 4 
fiscal years, the lesser of $15,000,000 or 20 percent of the amounts 
that would otherwise be distributed to sponsors of airports under 
subsection (b)(2) shall be used to assist the airports in meeting the 
terms established by the regulations. If the Secretary publishes in the 
Federal Register a finding that all the terms established by the 
regulations have been met, this subsection shall cease to be effective 
as of the date of such publication.''.
    (b) Notification of Source of Grant.--Section 47116 is further 
amended by adding at the end the following:
    ``(f) Notification of Source of Grant.--Whenever the Secretary 
makes a grant under this section, the Secretary shall notify the 
recipient of the grant, in writing, that the source of the grant is 
from the small airport fund.''.

SEC. 112. 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 1 to 1 benefit-to-cost 
                        ratio, as required for eligibility under the 
                        Contract Tower Program; and
                            ``(iii) approve for participation no more 
                        than 2 facilities willing to fund up to 50 
                        percent, but not less than 25 percent, of 
                        construction costs for an air traffic control 
                        tower built by the airport operator and for 
                        each of such facilities the Federal share of 
                        construction cost does not exceed $1,100,000.
                    ``(C) Priority.--In selecting facilities to 
                participate in the program under this 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 Administration 
                        has determined that the benefit-to-cost ratio 
                        for their continuation in such program is less 
                        than 1.0.
                            ``(ii) Air traffic control towers that the 
                        Administrator determines have a benefit-to-cost 
                        ratio of at least .85.
                            ``(iii) Air traffic control towers of the 
                        Federal Aviation Administration that are closed 
                        as a result of the air traffic controllers 
                        strike in 1981.
                            ``(iv) Air traffic control towers that are 
                        located at airports or points at which an air 
                        carrier is receiving compensation under the 
                        essential air service program under this 
                        chapter.
                            ``(v) Air traffic control towers located at 
                        airports that are prepared to assume partial 
                        responsibility for maintenance costs.
                            ``(vi) Air traffic control towers that are 
                        located at airports with safety or operational 
                        problems related to topography, weather, runway 
                        configuration, or mix of aircraft.
                    ``(D) Costs exceeding benefits.--If the costs of 
                operating an air traffic tower under the pilot program 
                established under this paragraph exceed the benefits, 
                the airport sponsor or State of local government having 
                jurisdiction over the airport shall pay the portion of 
                the costs that exceed such benefit.
                    ``(E) Authorization of appropriations.--There is 
                authorized to be appropriated $6,000,000 per fiscal 
                year to carry out this paragraph.''.

SEC. 113. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

    (a) In General.--Subchapter I of chapter 471 is amended by adding 
at the end the following:
``Sec. 47135. Innovative financing techniques
    ``(a) In General.--The Secretary of Transportation may approve 
applications under this subchapter for not more than 20 projects for 
which grants made under this subchapter may be used for innovative 
financing techniques.
    ``(b) Purpose.--The purpose of grants made under this section shall 
be to provide information on the benefits and difficulties of using 
such techniques for airport development projects.
    ``(c) Limitations.--
            ``(1) No guarantees.--In no case shall the implementation 
        of an innovative financing technique under this section be used 
        in a manner giving rise to a direct or indirect guarantee of 
        any airport debt instrument by the United States Government.
            ``(2) Types of techniques.--In this section, innovative 
        financing techniques are limited to--
                    ``(A) payment of interest;
                    ``(B) commercial bond insurance and other credit 
                enhancement associated with airport bonds for eligible 
                airport development; and
                    ``(C) flexible non-Federal matching 
                requirements.''.
    (b) Conforming Amendment.--The analysis for subchapter 1 of chapter 
471 is amended by adding at the end the following:

``47135. Innovative financing techniques.''.

SEC. 114. AIRPORT SECURITY PROGRAM.

    (a) In General.--Chapter 471 is further amended by adding 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 one project to test and evaluate innovative airport 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 
        airport security systems or related technology, including 
        explosives detection systems, for the purpose of improving 
        airport and aircraft physical security and access control; and
            ``(2) provides testing and evaluation of airport security 
        systems and technology in an operational, test bed environment.
    ``(c) Matching Share.--Notwithstanding section 47109, the United 
States Government's share of allowable project costs for a project 
under this section shall be 100 percent.
    ``(d) Terms and Conditions.--The Secretary may 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 analysis for subchapter 1 of such 
chapter is further amended by adding at the end the following:

``47136. Airport security program.''.

SEC. 115. MATCHING SHARE.

    Section 47109(a) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) not more than 90 percent for a project funded by a 
        grant issued to and administered by a State under section 
        47128, relating to the State block grant program;'';
            (3) by striking ``and'' at the end of paragraph (3) (as so 
        redesignated);
            (4) by striking the period at the end of paragraph (4) (as 
        so redesignated) and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(5) 100 percent in fiscal year 2000 for any project--
                    ``(A) at an airport other than a primary airport; 
                or
                    ``(B) at a primary airport having less than .05 
                percent of the total number of passenger boardings each 
                year at all commercial service airports.''.

SEC. 116. PASSENGER FACILITY FEES AND LETTERS OF INTENT.

    Section 47110(e)(5) is amended to read as follows:
            ``(5) Letters of intent.--The Secretary may not require an 
        eligible agency to impose a passenger facility fee under 
        section 40117 in order to obtain a letter of intent under this 
        section.''.

SEC. 117. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS.

    Section 40117(a)(3) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) to construct a terminal building (and 
                aircraft fueling facilities adjacent to that building), 
                including structural foundations and floor systems, 
                exterior building walls and load-bearing interior 
                columns or walls, windows, door and roof systems, and 
                building utilities (including heating, air 
                conditioning, ventilation, plumbing and electrical 
                service), but excluding the construction necessary for 
                improvement or final completion of revenue-producing 
                areas and nonpublic use areas within such terminal 
                buildings unless permitted under section 47110(d), if 
                an air carrier not yet serving the airport or 
                accounting for less than 40 percent of passenger 
                boardings at the airport will initiate or increase 
                scheduled air transportation passenger service at the 
                airport and will occupy such terminal facilities or 
                equivalent terminal facilities otherwise made available 
                as a result of such terminal construction not more than 
                2 years from the date that construction of such 
                terminal facilities is complete.''.

SEC. 118. TERMINAL DEVELOPMENT COSTS.

    Section 40117(a)(3) is further amended--
            (1) by redesignating subparagraphs (C), (D), (E), and (F) 
        as subparagraphs (D), (E), (F), and (G), respectively; and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) for costs of terminal development referred to 
                in subparagraph (B) incurred after August 1, 1986, at 
                an airport that did not have more than .25 percent of 
                the total annual passenger boardings in the United 
                States in the most recent calendar year for which data 
                is available and at which total passenger boardings 
                declined by at least 16 percent between calendar year 
                1989 and calendar year 1997;''.

SEC. 119. CONVEYANCES OF SURPLUS PROPERTY FOR PUBLIC AIRPORTS.

    (a) Project Grant Assurances.--Section 47107(h) is amended by 
inserting ``(including an assurance with respect to disposal of land by 
an airport owner or operator under subsection (c)(2)(B) without regard 
to whether or not the assurance or grant was made before December 29, 
1987)'' after ``1987,''.
    (b) Conveyances of United States Government Land.--Section 47125(a) 
is amended by adding at the end the following: ``The Secretary may only 
release an option of the United States for a reversionary interest 
under this subsection after providing notice and an opportunity for 
public comment. The Secretary shall publish in the Federal Register any 
decision of the Secretary to release a reversionary interest and the 
reasons for the decision.''.
    (c) Requests by Public Agencies.--Section 47151 is amended by 
adding at the end the following:
    ``(d) Requests by Public Agencies.--Except with respect to a 
request made by another department, agency, or instrumentality of the 
executive branch of the United States Government, such a department, 
agency, or instrumentality shall give priority consideration to a 
request made by a public agency (as defined in section 47102) for 
surplus property described in subsection (a) for use at a public 
airport.''.
    (d) Notice and Public Comment; Publication of Decisions.--Section 
47153(a) is amended--
            (1) in paragraph (1) by inserting ``, after providing 
        notice and an opportunity for public comment,'' after ``if the 
        Secretary decides''; and
            (2) by adding at the end the following:
            ``(3) Publication of decisions.--The Secretary shall 
        publish in the Federal Register any decision to waive a term 
        under paragraph (1) and the reasons for the decision.''.
    (e) Considerations.--Section 47153 is amended by adding at the end 
the following:
    ``(c) Considerations.--In deciding whether to waive a term required 
by section 47152 or add another term, the Secretary shall consider the 
current and future needs of the users of the airport and the interests 
of the owner of the property.''.
    (f) References to Gifts.--Chapter 471 is amended--
            (1) in section 47151--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1) 
                        by striking ``give'' and inserting ``convey 
                        to''; and
                            (ii) in paragraph (2) by striking ``gift'' 
                        and inserting ``conveyance'';
                    (B) in subsection (b)--
                            (i) by striking ``giving'' and inserting 
                        ``conveying''; and
                            (ii) by striking ``gift'' and inserting 
                        ``conveyance''; and
                    (C) in subsection (c)--
                            (i) in the subsection heading by striking 
                        ``Given'' and inserting ``Conveyed''; and
                            (ii) by striking ``given'' and inserting 
                        ``conveyed'';
            (2) in section 47152--
                    (A) in the section heading by striking ``gifts'' 
                and inserting ``conveyances''; and
                    (B) in the matter preceding paragraph (1) by 
                striking ``gift'' and inserting ``conveyance'';
            (3) in section 47153(a)(1)--
                    (A) by striking ``gift'' each place it appears and 
                inserting ``conveyance''; and
                    (B) by striking ``given'' and inserting 
                ``conveyed''; and
            (4) in the analysis for such chapter by striking the item 
        relating to section 47152 and inserting the following:

``47152. Terms of conveyances.''.

SEC. 120. CONSTRUCTION OF RUNWAYS.

    Notwithstanding any provision of law that specifically restricts 
the number of runways at a single international airport, the Secretary 
of Transportation may obligate funds made available under chapters 471 
and 481 of title 49, United States Code, for any project to construct a 
new runway at such airport, unless this section is expressly repealed.

SEC. 121. GENERAL FACILITIES AUTHORITY.

    (a) Continuation of ILS Inventory Program.--Section 44502(a)(4)(B) 
is amended--
            (1) by striking ``each of fiscal years 1995 and 1996'' and 
        inserting ``each of fiscal years 1999 through 2004''; and
            (2) by inserting ``under new or existing contracts'' after 
        ``including acquisition''.
    (b) Loran-C Navigation Facilities.--Section 44502(a) is amended by 
adding at the end the following:
            ``(5) Maintenance and upgrade of loran-c navigation 
        facilities.--The Secretary shall maintain and upgrade Loran-C 
        navigation facilities throughout the transition period to 
        satellite-based navigation.''.

SEC. 122. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.

    Section 44706 is amended by adding at the end the following:
    ``(g) Included Charter Air Transportation.--For the purposes of 
subsection (a)(2), a scheduled passenger operation includes charter air 
transportation for which the general public is provided in advance a 
schedule containing the departure location, departure time, and arrival 
location of the flights.
    ``(h) Authority To Preclude Scheduled Passenger Operations.--The 
Administrator shall permit an airport that will be subject to 
certification under subsection (a)(2) to preclude scheduled passenger 
operations (including public charter operations described in subsection 
(g)) at the airport if the airport notifies the Administrator, in 
writing, that it does not intend to obtain an airport operating 
certificate.''.

SEC. 123. BUDGET SUBMISSION.

    The Administrator shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
copy of the annual budget estimates of the Federal Aviation 
Administration, including line item justifications, at the same time 
the annual budget estimates are submitted to the Committees on 
Appropriations of the Senate and the House of Representatives.

SEC. 124. TECHNICAL AMENDMENTS.

    (a) Discretionary Fund Definition.--
            (1) Amounts in fund and availability.--Section 47115 is 
        amended--
                    (A) in subsection (a)(2) by striking ``25'' and 
                inserting ``12.5''; and
                    (B) by striking the second sentence of subsection 
                (b).
            (2) Small airport fund.--Section 47116 is amended--
                    (A) in subsection (a) by striking ``75'' and 
                inserting ``87.5'';
                    (B) in subsection (b) by striking paragraphs (1) 
                and (2) and inserting the following:
            ``(1) \1/7\ for grants for projects at small hub airports 
        (as defined in section 41731 of this title).
            ``(2) The remaining amounts as follows:
                    ``(A) \1/3\ for grants to sponsors of public-use 
                airports (except commercial service airports).
                    ``(B) \2/3\ for grants to sponsors of each 
                commercial service airport that each year has less than 
                .05 percent of the total boardings in the United States 
                in that year.''; and
                    (C) in subsection (d)--
                            (i) by striking ``In making'' and inserting 
                        the following:
            ``(1) Construction of new runways.--In making'';
                            (ii) 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
                            (iii) by aligning the remainder of 
                        paragraph (1) (as designated by clause (i) of 
                        this subparagraph) with paragraph (2) (as added 
                        by clause (ii) of this subparagraph).
    (b) Continuation of Project Funding.--Section 47108 is amended by 
adding at the end the following:
    ``(e) Change in Airport Status.--In the event that the status of a 
primary airport changes to a nonprimary airport at a time when a 
terminal development project under a multiyear agreement under 
subsection (a) is not yet completed, the project shall remain eligible 
for funding from discretionary funds under section 47115 at the funding 
level and under the terms provided by the agreement, subject to the 
availability of funds.''.
    (c) 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 the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) may permit a public agency to request that collection 
        of a passenger facility fee be waived for--
                    ``(A) passengers enplaned by any class of air 
                carrier or foreign air carrier if the number of 
                passengers enplaned by the carrier in the class 
                constitutes not more than 1 percent of the total number 
                of passengers enplaned annually at the airport at which 
                the fee is imposed; or
                    ``(B) passengers traveling to an airport--
                            ``(i) that has fewer than 2,500 passenger 
                        boardings each year and receives scheduled 
                        passenger service; and
                            ``(ii) in a community which has a 
                        population of less than 10,000 and is not 
                        connected by a land highway to the land-
                        connected National Highway System within a 
                        State.''.

SEC. 125. USE OF RECYCLED MATERIALS.

    (a) Study.--The Administrator shall conduct a study of the use of 
recycled materials (including recycled pavements, waste materials, and 
byproducts) in pavement used for runways, taxiways, and aprons and the 
specification standards in tests necessary for the use of recycled 
materials in such pavement. The primary focus of the study shall be on 
the long term physical performance, safety implications, and 
environmental benefits of using recycled materials in aviation 
pavement.
    (b) Contracting.--The Administrator may carry out the study under 
this section by entering into a contract with a university of higher 
education with expertise necessary to carry out the study.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall transmit to Congress a report on the 
results of the study conducted under this section together with 
recommendations concerning the use of recycled materials in aviation 
pavement.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $2,000,000 to carry out this section.

SEC. 126. PAVEMENT MAINTENANCE.

    (a) Repeal of Pilot Program.--Section 47132 is repealed.
    (b) Eligibility as Airport Development.--Section 47102(3) is 
further amended by adding at the end the following:
                    ``(I) routine work to preserve and extend the 
                useful life of runways, taxiways, and aprons at 
                airports that are not primary airports, under 
                guidelines issued by the Administrator.''.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

    Subtitle A--Service to Airports Not Receiving Sufficient Service

SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.

    (a) Repeal of Slot Rule for Certain Airports.--Effective March 1, 
2000, the requirements of subparts K and S of part 93 of title 14, Code 
of Federal Regulations, are of no force and effect at an airport other 
than Ronald Reagan Washington National Airport. The Secretary of 
Transportation is authorized to undertake appropriate actions to 
effectuate an orderly termination of these requirements.
    (b) Slot Exemptions for Service to Reagan National Airport.--
Section 41714 of such title is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Slots for Airports Not Receiving Sufficient Service.--
            ``(1) Exemptions.--Notwithstanding part D of chapter 491 of 
        this title, the Secretary may by order grant exemptions from 
        the requirements under subparts K and S of part 93 of title 14, 
        Code of Federal Regulations (pertaining to slots at high 
        density airports), to enable air carriers to provide nonstop 
        air transportation using jet aircraft that comply with the 
        stage 3 noise levels of part 36 of such title 14 between Ronald 
        Reagan Washington National Airport and an airport that had less 
        than 2,000,000 enplanements in the most recent year for which 
        such enplanement data is available or between Ronald Reagan 
        Washington National Airport and a airport that does not have 
        such nonstop transportation on the date on which the 
        application for an exemption is filed.
            ``(2) Limitations.--
                    ``(A) Maximum number of exemptions.--No more than 
                two exemptions per hour and no more than 6 exemptions 
                per day may be granted under this subsection for slots 
                at Ronald Reagan Washington National Airport.
                    ``(B) Maximum distance of flights.--An exemption 
                may be granted under this subsection for a slot at 
                Ronald Reagan Washington National Airport only if the 
                flight utilizing such slot begins or ends within 1,250 
                miles of the Airport and a stage 3 aircraft is used for 
                such flight.
            ``(3) Application.--An air carrier interested in an 
        exemption under this subsection shall submit to the Secretary 
        an application for such exemption. No application may be 
        submitted to the Secretary before the last day of the 30-day 
        period beginning on the date of the enactment of this 
        paragraph.
            ``(4) Deadline for decision.--Notwithstanding any other 
        provision of law, the Secretary shall make a decision with 
        regard to granting an exemption under this subsection on or 
        before the 120th day following the date of the application for 
        the exemption. If the Secretary does not make the decision on 
        or before such 120th day, the air carrier applying for the 
        service may provide such service until the Secretary makes the 
        decision or the Administrator of the Federal Aviation 
        Administration determines that providing such service would 
        have an adverse effect on air safety.
            ``(5) Period of effectiveness.--An exemption granted under 
        this subsection may remain in effect only while the air carrier 
        for whom the exemption is granted continues to provide nonstop 
        air transportation between the airport that the Secretary 
        determined was not receiving sufficient air carrier service and 
        Ronald Reagan Washington National Airport.
    ``(f) Treatment of Certain Commuter Air Carriers.--The Secretary 
shall treat all commuter air carriers that have cooperative agreements, 
including code share agreements with other air carriers, equally for 
determining eligibility for exemptions under this section regardless of 
the form of the corporate relationship between the commuter air carrier 
and the other air carrier.''; and
            (2) by striking subsection (f) and redesignating 
        subsections (g) and (h) as subsections (f) and (g), 
        respectively.

SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING 
              SUFFICIENT SERVICE.

    (a) Funding for Small Community Air Service.--Section 41742(b) of 
title 49, United States Code, is amended to read as follows:
    ``(b) Funding for Small Community Air Service.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, from moneys credited to the account established under 
        section 45303(a), including the funds derived from fees imposed 
        under the authority contained in section 45301(a)--
                    ``(A) not to exceed $45,000,000 for each fiscal 
                year beginning after September 30, 1999, shall be used 
                to carry out the essential air service program under 
                this subchapter; and
                    ``(B) not to exceed $5,000,000 for such fiscal year 
                shall be used--
                            ``(i) for assisting an air carrier to 
                        subsidize service to and from an underserved 
                        airport for a period not to exceed 3 years; and
                            ``(ii) for assisting an underserved airport 
                        to obtain jet aircraft service (and to promote 
                        passenger use of that service) to and from the 
                        underserved airport.
            ``(2) Rural air safety.--Any funds that are made available 
        by paragraph (1) for a fiscal year and that the Secretary 
        determines will not be obligated or expended before the last 
        day of such fiscal year shall be available to the Administrator 
        for use under this subchapter in improving rural air safety at 
        airports with less than 100,000 annual boardings.
            ``(3) Allocation of additional funding.--If, for a fiscal 
        year beginning after September 30, 1999, more than $50,000,000 
        is made available under subsection (a) to carry out the small 
        community air service program, \1/2\ of the amounts in excess 
        of $50,000,000 shall be used for the purposes specified in 
        paragraph (1)(B), in addition to amounts made available for 
        such purposes under paragraph (1)(B).
            ``(4) Authorization of appropriations.--In addition to 
        amounts made available under paragraph (1), there is authorized 
        to be appropriated to the Secretary of Transportation for each 
        fiscal year beginning after September 30, 1999, $15,000,000--
                    ``(A) to provide assistance to an air carrier to 
                subsidize service to and from an underserved airport 
                for a period not to exceed 3 years; and
                    ``(B) to provide assistance to an underserved 
                airport to obtain jet aircraft service (and to promote 
                passenger use of that service) to and from the 
                underserved airport.
            ``(5) Priority criteria for assisting airports not 
        receiving sufficient service.--In providing assistance to 
        airports under paragraphs (1)(B) and (4), the Administrator 
        shall give priority to those airports for which a community 
        will provide, from local sources (other than airport revenues), 
        a portion of the cost of the activity to be assisted.
            ``(6) Underserved airport defined.--In this subsection, the 
        term `underserved airport' means a nonhub airport or small hub 
        airport (as such terms are defined in section 41714(e)) that 
        the Secretary determines is not receiving sufficient air 
        carrier service.''.
    (b) Conforming Amendments.--Chapter 417 of such title is amended--
            (1) section 41742 is amended--
                    (A) in the section heading by striking 
                ``Essential'' and inserting ``Small community''; and
                    (B) in each of subsections (a) and (c) by striking 
                ``essential air'' and inserting ``small community''; 
                and
            (2) in the analysis for such chapter by striking the item 
        relating to section 41742 and inserting the following:

``41742. Small community air service authorization.''.

SEC. 203. WAIVER OF LOCAL CONTRIBUTION.

    Section 41736(b) of title 49, United States Code, is amended by 
adding at the end the following:
``Paragraph (4) shall not apply to any place for which a proposal was 
approved or that was designated as eligible under this section in the 
period beginning on October 1, 1991, and ending on December 31, 
1997.''.

SEC. 204. POLICY FOR AIR SERVICE TO RURAL AREAS.

    Section 40101(a) is amended by adding at the end the following:
            ``(16) ensuring that consumers in all regions of the United 
        States, including those in small communities and rural and 
        remote areas, have access to affordable, regularly scheduled 
        air service.''.

           Subtitle B--Regional Air Service Incentive Program

SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE INCENTIVE PROGRAM.

    (a) In General.--Chapter 417 is amended by adding at the end the 
following:

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

``Sec. 41761. Purpose
    ``The purpose of this subchapter is to improve service by jet 
aircraft to underserved markets by providing assistance, in the form of 
Federal credit instruments, to commuter air carriers that purchase 
regional jet aircraft for use in serving those markets.
``Sec. 41762. Definitions
    ``In this subchapter, the following definitions apply:
            ``(1) Air carrier.--The term `air carrier' means any air 
        carrier holding a certificate of public convenience and 
        necessity issued by the Secretary of Transportation under 
        section 41102.
            ``(2) Aircraft purchase.--The term `aircraft purchase' 
        means the purchase of commercial transport aircraft, including 
        spare parts normally associated with the aircraft.
            ``(3) Capital reserve subsidy amount.--The term `capital 
        reserve subsidy amount' means the amount of budget authority 
        sufficient to cover estimated long-term cost to the Federal 
        Government of a Federal credit instrument, calculated on a net 
        present value basis, excluding administrative costs and any 
        incidental effects on government receipts or outlays in 
        accordance with provisions of the Federal Credit Reform Act of 
        1990 (2 U.S.C. 661 et seq).
            ``(4) Commuter air carrier.--The term `commuter air 
        carrier' means an air carrier that primarily operates aircraft 
        designed to have a maximum passenger seating capacity of 75 or 
        less in accordance with published flight schedules.
            ``(5) Federal credit instrument.--The term `Federal credit 
        instrument' means a secured loan, loan guarantee, or line of 
        credit authorized to be made under this subchapter.
            ``(6) Financial obligation.--The term `financial 
        obligation' means any note, bond, debenture, or other debt 
        obligation issued by an obligor in connection with the 
        financing of an aircraft purchase, other than a Federal credit 
        instrument.
            ``(7) Lender.--The term `lender' means any non-Federal 
        qualified institutional buyer (as defined by section 
        230.144A(a) of title 17, Code of Federal Regulations (or any 
        successor regulation) known as Rule 144A(a) of the Security and 
        Exchange Commission and issued under the Security Act of 1933 
        (15 U.S.C. 77a et seq.)), including--
                    ``(A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986) 
                that is a qualified institutional buyer; and
                    ``(B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986) that is a 
                qualified institutional buyer.
            ``(8) Line of credit.--The term `line of credit' means an 
        agreement entered into by the Secretary with an obligor under 
        section 41763(d) to provide a direct loan at a future date upon 
        the occurrence of certain events.
            ``(9) Loan guarantee.--The term `loan guarantee' means any 
        guarantee or other pledge by the Secretary under section 
        41763(c) to pay all or part of any of the principal of and 
        interest on a loan or other debt obligation issued by an 
        obligor and funded by a lender.
            ``(10) New entrant air carrier.--The term `new entrant air 
        carrier' means an air carrier that has been providing air 
        transportation according to a published schedule for less than 
        5 years, including any person that has received authority from 
        the Secretary to provide air transportation but is not 
        providing air transportation.
            ``(11) Nonhub airport.--The term `nonhub airport' means an 
        airport that each year has less than .05 percent of the total 
        annual boardings in the United States.
            ``(12) Obligor.--The term `obligor' means a party primarily 
        liable for payment of the principal of or interest on a Federal 
        credit instrument, which party may be a corporation, 
        partnership, joint venture, trust, or governmental entity, 
        agency or instrumentality.
            ``(13) Regional jet aircraft.--The term `regional jet 
        aircraft' means a civil aircraft--
                    ``(A) powered by jet propulsion; and
                    ``(B) designed to have a maximum passenger seating 
                capacity of not less than 30 nor more than 75.
            ``(14) Secured loan.--The term `secured loan' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Secretary in connection with the financing of an 
        aircraft purchase under section 41763(b).
            ``(15) Small hub airport.--The term `small hub airport' 
        means an airport that each year has at least .05 percent, but 
        less than .25 percent, of the total annual boardings in the 
        United States.
            ``(16) Underserved market.--The term `underserved market' 
        means a passenger air transportation market (as defined by the 
        Secretary) that--
                    ``(A) is served (as determined by the Secretary) by 
                a nonhub airport or a small hub airport;
                    ``(B) is not within a 40-mile radius of an airport 
                that each year has at least .25 percent of the total 
                annual boardings in the United States; and
                    ``(C) the Secretary determines does not have 
                sufficient air service.
``Sec. 41763. Federal credit instruments
    ``(a) In General.--Subject to this section, the Secretary of 
Transportation may enter into agreements with 1 or more obligors to 
make available Federal credit instruments, the proceeds of which shall 
be used to finance aircraft purchases.
    ``(b) Secured Loans.--
            ``(1) Terms and limitations.--
                    ``(A) In general.--A secured loan under this 
                section with respect to an aircraft purchase shall be 
                on such terms and conditions and contain such 
                covenants, representatives, warranties, and 
                requirements (including requirements for audits) as the 
                Secretary determines appropriate.
                    ``(B) Maximum amount.--No secured loan may be made 
                under section--
                            ``(i) extending to more than 50 percent of 
                        the purchase price of the aircraft, including 
                        spare parts, to be purchased; or
                            ``(ii) exceeding $100,000,000.
                    ``(C) Maturity date.--The final maturity date of 
                the secured loan shall not be later than 18 years after 
                the date of execution of the loan agreement.
                    ``(D) Subordination.--The secured loan may be 
                subordinate to claims of other holders of obligations 
                in the event of bankruptcy, insolvency, or liquidation 
                of the obligor as determined appropriate by the 
                Secretary.
                    ``(E) Fees.--The Secretary may establish fees at 
                the level sufficient to cover all the costs of the 
                Federal Government of making a secured loan under this 
                section.
            ``(2) Repayment.--
                    ``(A) Schedule.--The Secretary shall establish a 
                repayment schedule for each secured loan under this 
                section based on the projected cash flow from aircraft 
                revenues and other repayment sources.
                    ``(B) Commencement.--Scheduled loan repayments of 
                principal or interest on a secured loan under this 
                section shall commence no later than 3 years after the 
                date of execution of the loan agreement.
            ``(3) Prepayment.--
                    ``(A) Use of excess revenue.--After satisfying 
                scheduled debt service requirements on all financial 
                obligations and secured loans and all deposit 
                requirements under the terms of any trust agreement, 
                bond resolution, or similar agreement securing 
                financial obligations, the secured loan may be prepaid 
                at anytime without penalty.
                    ``(B) Use of proceeds of refinancing.--The secured 
                loan may be prepaid at any time without penalty from 
                proceeds of refinancing from non-Federal funding 
                sources.
    ``(c) Loan Guarantees.--
            ``(1) In general.--A loan guarantee under this section with 
        respect to a loan made for an aircraft purchase shall be made 
        in such form and on such terms and conditions and contain such 
        covenants, representatives, warranties, and requirements 
        (including requirements for audits) as the Secretary determines 
        appropriate.
            ``(2) Maximum amount.--No loan guarantee shall be made 
        under this section--
                    ``(A) extending to more than the unpaid interest 
                and 50 percent of the unpaid principal an any loan;
                    ``(B) on any loan or combination of loans for more 
                that 50 percent of the purchase price of the aircraft, 
                including spare parts, to be purchased with the loan or 
                loan combination;
                    ``(C) on any loan with respect to which terms 
                permit repayment more than 15 years after the date 
                after the loan is made; or
                    ``(D) in any case in which the total face amount of 
                the loan and any loans to the same air carrier that are 
                guaranteed and outstanding under the terms of this 
                section exceed $100,000,000.
            ``(3) Fees.--The Secretary may establish fees at the level 
        sufficient to cover all the costs of the Federal Government of 
        making a loan guarantee under this section.
    ``(d) Lines of Credit.--
            ``(1) In general.--Subject to the requirements of this 
        subsection, the Secretary may enter into agreements to make 
        available lines of credit to 1 or more obligors in the form of 
        direct loans to be made by the Secretary at future dates on the 
        occurrence of certain events for any aircraft purchase selected 
        under this section.
            ``(2) Terms and limitations.--
                    ``(A) In general.--A line of credit loan under this 
                subsection with respect to an aircraft purchase shall 
                be on such terms and conditions and contain such 
                covenants, representatives, warranties, and 
                requirements (including requirements for audits) as the 
                Secretary determines appropriate.
                    ``(B) Maximum amount.--
                            ``(i) Total amount.--The amount of any line 
                        of credit shall not exceed 50 percent of the 
                        reasonable anticipated eligible costs.
                            ``(ii) 1-year draws.--The amount drawn in 
                        any year shall not exceed 20 percent of the 
                        total amount of the line of credit.
                    ``(C) Draws.--Any draw on the line of credit shall 
                represent a direct loan.
                    ``(D) Period of availability.--The line of credit 
                shall be available not more than 5 years after the 
                aircraft purchase.
                    ``(E) Rights of third-party creditors.--
                            ``(i) Against federal government.--A third-
                        party creditor of the obligor shall not have 
                        any right against the Federal Government with 
                        respect to any draw on the line of credit.
                            ``(ii) Assignment.--An obligor may assign 
                        the line of credit to 1 or more lenders or to a 
                        trustee on the lender's behalf.
                    ``(F) Subordination.--A direct loan under this 
                subsection may be subordinate to claims of other 
                holders of obligations in the event of bankruptcy, 
                insolvency, or liquidation of the obligor as determined 
                appropriate by the Secretary.
                    ``(G) Fees.--The Secretary may establish fees at 
                the level sufficient to cover all the costs of the 
                Federal Government of providing a line of credit under 
                this subsection.
            ``(3) Repayment.--
                    ``(A) Schedule.--The Secretary shall establish a 
                repayment schedule for each direct loan under this 
                section based on the projected cash flow from aircraft 
                revenues and other repayment sources.
                    ``(B) Commencement.--Scheduled loan repayments of 
                principal or interest on a direct loan under this 
                section shall commence no later than 3 years after the 
                date of execution of the loan agreement and shall be 
                fully repaid, with interest, not later than 18 years 
                after the date of execution of the loan agreement.
    ``(e) Risk Assessment.--Before entering into an agreement under 
this section to make available a Federal credit instrument, the 
Secretary, in consultation with the Director of the Office of 
Management and Budget, shall determine an appropriate capital reserve 
subsidy amount for the Federal credit instrument.
    ``(f) Conditions.--Subject to subsection (h), the Secretary may 
only make a Federal credit instrument available under this section if 
the Secretary finds that--
            ``(1) the aircraft to be purchased with the Federal credit 
        instrument is a regional jet aircraft needed to improve the 
        service and efficiency of operation of the commuter air carrier 
        or new entrant air carrier;
            ``(2) the commuter air carrier or new entrant air carrier 
        agrees to use the aircraft to provide service to underserved 
        markets; and
            ``(3) the prospective earning power of the commuter air 
        carrier or new entrant air carrier, together with the character 
        and value of the security pledged, furnish--
                    ``(A) reasonable assurances of the air carrier's 
                ability and intention to repay the Federal credit 
                instrument within the terms established by the 
                Secretary--
                            ``(i) to continue its operations as an air 
                        carrier; and
                            ``(ii) to the extent that the Secretary 
                        determines to be necessary, to continue its 
                        operations as an air carrier between the same 
                        route or routes being operated by the air 
                        carrier at the time of the issuance of the 
                        Federal credit instrument; and
                    ``(B) reasonable protection to the United States.
    ``(g) Limitation on Combined Amount of Federal Credit 
Instruments.--The Secretary shall not allow the combined amount of 
Federal credit instruments available for any aircraft purchase under 
this section to exceed--
            ``(1) 50 percent of the cost of the aircraft purchase; or
            ``(2) $100,000,000.
    ``(h) Requirement.--Subject to subsection (i), no Federal credit 
instrument may be made under this section for the purchase of any 
regional jet aircraft that does not comply with the stage 3 noise 
levels of part 36 of title 14 of the Code of Federal Regulations, as in 
effect on January 1, 1999.
    ``(i) Other Limitations.--No Federal credit instrument shall be 
made by the Secretary under this section on any loan for the purchase 
of a regional jet aircraft unless the commuter air carrier or new 
entrant air carrier agrees that it will provide scheduled passenger air 
transportation to the underserved market for which the aircraft is 
purchased for a period of not less than 36 consecutive months after the 
aircraft is placed in service.
``Sec. 41764. Use of Federal facilities and assistance
    ``(a) Use of Federal Facilities.--To permit the Secretary of 
Transportation to make use of such expert advice and services as the 
Secretary may require in carrying out this subchapter, the Secretary 
may use available services and facilities of other agencies and 
instrumentalities of the Federal Government--
            ``(1) with the consent of the appropriate Federal 
        officials; and
            ``(2) on a reimbursable basis.
    ``(b) Assistance.--The head of each appropriate department or 
agency of the Federal Government shall exercise the duties and 
functions of that head in such manner as to assist in carrying out the 
policy specified in section 41761.
    ``(c) Oversight.--The Secretary shall make available to the 
Comptroller General of the United States such information with respect 
to any Federal credit instrument made available under this subchapter 
as the Comptroller General may require to carry out the duties of the 
Comptroller General under chapter 7 of title 31.
``Sec. 41765. Receipts; payments
    ``(a) Miscellaneous.--Amounts received by the Secretary of 
Transportation under this subchapter shall be credited to miscellaneous 
receipts of the Treasury.
    ``(b) Payments.--Payments to lenders required as a consequence of 
any loan guarantee made under this subchapter may be made from funds 
appropriated pursuant to the authorization under section 212 of the 
Aviation Investment Reform Act of the 21st Century.
    ``(c) Administrative Expenses.--In carrying out this subchapter, 
the Secretary shall use funds made available by appropriations to the 
Department of Transportation for the purpose of administration to cover 
administrative expenses of the loan guarantee program under this 
subchapter.
``Sec. 41766. Termination
    ``The authority of the Secretary of Transportation under section 
41763 shall terminate on the date that is 5 years after the date of the 
enactment of this subchapter.''.
    (b) Conforming Amendment.--The analysis for chapter 417 of such 
title is amended by adding at the end the following:

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Federal credit instruments.
``41764. Use of Federal facilities and assistance.
``41765. Receipts; payments.
``41766. Termination.''.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of fiscal years 
2000 through 2004 such sums as may be necessary to carry out subchapter 
III of chapter 417 of title 49, United States Code.

                    TITLE III--FAA MANAGEMENT REFORM

SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

    Section 40102(a) is amended--
            (1) by redesignating paragraphs (5) through (41) as 
        paragraphs (6) through (42), respectively; and
            (2) by inserting after paragraph (4) the 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 assure 
                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. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.

    (a) In General.--Chapter 1 is amended by adding at the end the 
following:
``Sec. 113. Air Traffic Control Oversight Board
    ``(a) Establishment.--There is established within the Department of 
Transportation an `Air Traffic Control Oversight Board' (in this 
section referred to as the `Oversight Board').
    ``(b) Membership.--
            ``(1) Composition.--The Oversight Board shall be composed 
        of 9 members, as follows:
                    ``(A) Six members shall be individuals who are not 
                otherwise Federal officers or employees and who are 
                appointed by the President, by and with the advice and 
                consent of the Senate.
                    ``(B) One member shall be the Secretary of 
                Transportation or, if the Secretary so designates, the 
                Deputy Secretary of the Transportation.
                    ``(C) One member shall be the Administrator of the 
                Federal Aviation Administration.
                    ``(D) One member shall be an individual who is a 
                full-time Federal employee or a representative of 
                employees and who is appointed by the President, by and 
                with the advice and consent of the Senate.
            ``(2) Qualifications and terms.--
                    ``(A) Qualifications.--Members of the Oversight 
                Board described in paragraph (1)(A) shall--
                            ``(i) have a fiduciary responsibility to 
                        represent the public interest;
                            ``(ii) be citizens of the United States; 
                        and
                            ``(iii) be appointed without regard to 
                        political affiliation and solely on the basis 
                        of their professional experience and expertise 
                        in 1 or more of the following areas:
                                    ``(I) Management of large service 
                                organizations.
                                    ``(II) Customer service.
                                    ``(III) Management of large 
                                procurements.
                                    ``(IV) Information and 
                                communications technology.
                                    ``(V) Organizational development.
                                    ``(VI) Labor relations.
                At least 3 of the members of the Oversight Board 
                described in paragraph (1)(A) shall have knowledge of, 
                or a background in, aviation. In the aggregate, such 
                members should collectively bring to bear expertise in 
                all of the areas described in subclauses (I) through 
                (V) of clause (iii).
                    ``(B) Prohibitions.--No member of the Oversight 
                Board described in paragraph (1)(A) may--
                            ``(i) have a pecuniary interest in, or own 
                        stock in or bonds of, an aviation or 
                        aeronautical enterprise;
                            ``(ii) engage in another business related 
                        to aviation or aeronautics; or
                            ``(iii) be a member of any organization 
                        that engages, as a substantial part of its 
                        activities, in activities to influence 
                        aviation-related legislation.
                    ``(C) Terms.--Each member who is described in 
                subparagraph (A) or (D) of paragraph (1) shall be 
                appointed for a term of 5 years, except that of the 
                members first appointed under paragraph (1)(A)--
                            ``(i) 2 members shall be appointed for a 
                        term of 3 years;
                            ``(ii) 2 members shall be appointed for a 
                        term of 4 years; and
                            ``(iii) 2 members shall be appointed for a 
                        term of 5 years.
                    ``(D) Reappointment.--An individual who is 
                described in subparagraph (A) or (D) of paragraph (1) 
                may be appointed to no more than two 5-year terms on 
                the Oversight Board.
                    ``(E) Vacancy.--Any vacancy on the Oversight Board 
                shall be filled in the same manner as the original 
                appointment. Any member appointed to fill a vacancy 
                occurring before the expiration of the term for which 
                the member's predecessor was appointed shall be 
                appointed for the remainder of that term.
            ``(3) Ethical considerations.--
                    ``(A) Financial disclosure.--During the entire 
                period that an individual appointed under subparagraph 
                (A) or (D) of paragraph (1) is a member of the 
                Oversight Board, such individual shall be treated as 
                serving as an officer or employee referred to in 
                section 101(f) of the Ethics in Government Act of 1978 
                for purposes of title I of such Act, except that 
                section 101(d) of such Act shall apply without regard 
                to the number of days of service in the position.
                    ``(B) Restrictions on post-employment.--For 
                purposes of section 207(c) of title 18, United States 
                Code, an individual appointed under subparagraph (A) or 
                (D) of paragraph (1) shall be treated as an employee 
                referred to in section 207(c)(2)(A)(i) of such title 
                during the entire period the individual is a member of 
                the Board, except that subsections (c)(2)(B) and (f) of 
                section 207 of such title shall not apply.
                    ``(C) Waiver.--The President may, only at the time 
                the President nominates the member of the Oversight 
                Board described in paragraph (1)(D), waive for the term 
                of the member any appropriate provision of chapter 11 
                of title 18, United States Code, to the extent such 
                waiver is necessary to allow the member to participate 
                in the decisions of the Board while continuing to serve 
                as a full-time Federal employee or a representative of 
                employees. Any such waiver shall not be effective 
                unless a written intent of waiver to exempt such member 
                (and actual waiver language) is submitted to the Senate 
                with the nomination of such member.
            ``(4) Quorum.--Five members of the Oversight Board shall 
        constitute a quorum. A majority of members present and voting 
        shall be required for the Oversight Board to take action.
            ``(5) Removal.--Any member of the Oversight Board appointed 
        under subparagraph (A) or (D) of paragraph (1) may be removed 
        for cause by the President.
            ``(6) Claims.--
                    ``(A) In general.--Members of the Oversight Board 
                who are described in subparagraph (A) or (D) of 
                paragraph (1) shall have no personal liability under 
                Federal law with respect to any claim arising out of or 
                resulting from an act or omission by such member within 
                the scope of service as a member.
                    ``(B) Effect on other law.--This paragraph shall 
                not be construed--
                            ``(i) to affect any other immunity or 
                        protection that may be available to such member 
                        under applicable law with respect to such 
                        transactions;
                            ``(ii) to affect any other right or remedy 
                        against the United States under applicable law; 
                        or
                            ``(iii) to limit or alter in any way the 
                        immunities that are available under applicable 
                        law for Federal officers and employees.
    ``(c) General Responsibilities.--
            ``(1) Oversight.--
                    ``(A) In general.--The Oversight Board shall 
                oversee the Federal Aviation Administration in its 
                administration, management, conduct, direction, and 
                supervision of the air traffic control system.
                    ``(B) Confidentiality.--The Oversight Board shall 
                ensure that appropriate confidentiality is maintained 
                in the exercise of its duties.
    ``(d) Specific Responsibilities.--The Oversight Board shall have 
the following specific responsibilities:
            ``(1) Strategic plans.--To review, approve, and monitor 
        achievements under a strategic plan of the Federal Aviation 
        Administration for the air traffic control system, including 
        the establishment of--
                    ``(A) a mission and objectives;
                    ``(B) standards of performance relative to such 
                mission and objectives, including safety, efficiency, 
                and productivity; and
                    ``(C) annual and long-range strategic plans.
            ``(2) Modernization and improvement.--To review and 
        approve--
                    ``(A) methods of the Federal Aviation 
                Administration to accelerate air traffic control 
                modernization and improvements in aviation safety 
                related to air traffic control; and
                    ``(B) procurements of air traffic control equipment 
                by the Federal Aviation Administration in excess of 
                $100,000,000.
            ``(3) Operational plans.--To review the operational 
        functions of the Federal Aviation Administration, including--
                    ``(A) plans for modernization of the air traffic 
                control system;
                    ``(B) plans for increasing productivity or 
                implementing cost-saving measures; and
                    ``(C) plans for training and education.
            ``(4) Management.--To--
                    ``(A) review and approve the Administrator's 
                appointment of a Chief Operating Officer under section 
                106(r);
                    ``(B) 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;
                    ``(C) review and approve the Administrator's plans 
                for any major reorganization of the Federal Aviation 
                Administration that would impact on the management of 
                the air traffic control system;
                    ``(D) review and approve the Administrator's cost 
                accounting and financial management structure and 
                technologies to help ensure efficient and cost-
                effective air traffic control operation; and
                    ``(E) review the performance and cooperation of 
                managers responsible for major acquistion projects, 
                including the ability of the managers to meet standards 
                and budget targets.
            ``(5) Budget.--To--
                    ``(A) review and approve the budget request of the 
                Federal Aviation Administration related to the air 
                traffic control system prepared by the Administrator;
                    ``(B) submit such budget request to the Secretary 
                of Transportation; and
                    ``(C) ensure that the budget request supports the 
                annual and long-range strategic plans.
The Secretary shall submit the budget request referred to in paragraph 
(4)(B) 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.
    ``(e) Reporting of Overturning of Board Decisions.--If the 
Secretary or Administrator overturns a decision of the Board, the 
Secretary or Administrator, as appropriate shall report such action to 
the President, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Commerce, Science, 
and Transportation of the Senate.
    ``(f) Board Personnel Matters.--
            ``(1) Compensation of members.--
                    ``(A) In general.--Each member of the Oversight 
                Board who--
                            ``(i) is described in subsection (b)(1)(A); 
                        or
                            ``(ii) is described in subsection (b)(1)(D) 
                        and is not otherwise a Federal officer or 
                        employee,
                shall be compensated at a rate of $30,000 per year. All 
                other members shall serve without compensation for such 
                service.
                    ``(B) Chairperson.--In lieu of the amount specified 
                in subparagraph (A), the Chairperson of the Oversight 
                Board shall be compensated at a rate of $50,000 per 
                year.
            ``(2) Travel expenses.--
                    ``(A) In general.--The members of the Oversight 
                Board shall be allowed travel expenses, including per 
                diem in lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of chapter 57 
                of title 5, United States Code, to attend meetings of 
                the Oversight Board and, with the advance approval of 
                the Chairperson of the Oversight Board, while otherwise 
                away from their homes or regular places of business for 
                purposes of duties as a member of the Oversight Board.
                    ``(B) Report.--The Oversight Board shall include in 
                its annual report under subsection (g)(3)(A) 
                information with respect to the travel expenses allowed 
                for members of the Oversight Board under this 
                paragraph.
            ``(3) Staff.--
                    ``(A) In general.--The Chairperson of the Oversight 
                Board may appoint and terminate any personnel that may 
                be necessary to enable the Board to perform its duties.
                    ``(B) Detail of government employees.--Upon request 
                of the Chairperson of the Oversight Board, a Federal 
                agency shall detail a Federal Government employee to 
                the Oversight Board without reimbursement. Such detail 
                shall be without interruption or loss of civil service 
                status or privilege.
            ``(4) Procurement of temporary and intermittent services.--
        The Chairperson of the Oversight Board may procure temporary 
        and intermittent services under section 3109(b) of title 5, 
        United States Code.
    ``(g) Administrative Matters.--
            ``(1) Chair.--
                    ``(A) Term.--The members of the Oversight Board 
                shall elect for a 2-year term a chairperson from among 
                the members appointed under subsection (b)(1)(A).
                    ``(B) Powers.--Except as otherwise provided by a 
                majority vote of the Oversight Board, the powers of the 
                Chairperson shall include--
                            ``(i) establishing committees;
                            ``(ii) setting meeting places and times;
                            ``(iii) establishing meeting agendas; and
                            ``(iv) developing rules for the conduct of 
                        business.
            ``(2) Meetings.--The Oversight Board shall meet at least 
        quarterly and at such other times as the Chairperson determines 
        appropriate.
            ``(3) Reports.--
                    ``(A) Annual.--The Oversight Board shall each year 
                report with respect to the conduct of its 
                responsibilities under this title to the President, the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives, and the Committee on 
                Commerce, Science, and Transportation of the Senate.
                    ``(B) Additional report.--Upon a determination by 
                the Oversight Board under subsection (c)(1)(B) that the 
                organization and operation of the Federal Aviation 
                Administration's air traffic control system are not 
                allowing the Federal Aviation Administration to carry 
                out its mission, the Oversight Board shall report such 
                determination to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
                    ``(C) Comptroller general's report.--Not later than 
                April 30, 2004, the Comptroller General of the United 
                States shall transmit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a report on the 
                success of the Oversight Board in improving the 
                performance of the air traffic control system.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act.
            (2) Initial nominations to air traffic control oversight 
        board.--The President shall submit the initial nominations of 
        the air traffic control oversight board to the Senate not later 
        than 3 months after the date of enactment of this Act.
            (3) Effect on actions prior to appointment of oversight 
        board.--Nothing in this section shall be construed to 
        invalidate the actions and authority of the Federal Aviation 
        Administration prior to the appointment of the members of the 
        Air Traffic Control Oversight Board.

SEC. 303. CHIEF OPERATING OFFICER.

    Section 106 is amended by adding at the end the following:
    ``(r) Chief Operating Officer.--
            ``(1) In general.--
                    ``(A) Appointment.--There shall be a Chief 
                Operating Officer for the air traffic control system to 
                be appointed by the Administrator, with approval of the 
                Air Traffic Control Oversight Board established by 
                section 113. 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) Vacancy.--Any individual appointed to fill a 
                vacancy in the position of Chief Operating Officer 
                occurring before the expiration of the term for which 
                the individual's predecessor was appointed shall be 
                appointed for the remainder of that term.
            ``(2) Annual performance agreement.--The Administrator and 
        the Chief Operating Officer, in consultation with the Air 
        Traffic Control Oversight Board, shall enter into an annual 
        performance 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.''.

SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.

    (a) Membership.--Section 106(p)(2)(C) is amended to read as 
follows:
                    ``(C) 13 members representing aviation 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 of the Council, the Secretary of 
                        Transportation.''.
    (b) Terms of Members.--Section 106(p)(6)(A)(i) is amended by 
striking ``by the President''.

SEC. 305. ENVIRONMENTAL STREAMLINING.

    (a) Coordinated Environmental Review Process.--
            (1) Development and implementation.--The Secretary shall 
        develop and implement a coordinated environmental review 
        process for aviation infrastructure projects that require--
                    (A) the preparation of an environmental impact 
                statement or environmental assessment under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), except that the Secretary may decide not 
                to apply this section to the preparation of an 
                environmental assessment under such Act; or
                    (B) the conduct of any other environmental review, 
                analysis, opinion, or issuance of an environmental 
                permit, license, or approval by operation of Federal 
                law.
            (2) Memorandum of understanding.--
                    (A) In general.--The coordinated environmental 
                review process for each project shall ensure that, 
                whenever practicable (as specified in this section), 
                all environmental reviews, analyses, opinions, and any 
                permits, licenses, or approvals that must be issued or 
                made by any Federal agency for the project concerned 
                shall be conducted concurrently and completed within a 
                cooperatively determined time period. Such process for 
                a project or class of project may be incorporated into 
                a memorandum of understanding between the Department of 
                Transportation and Federal agencies (and, where 
                appropriate, State agencies).
                    (B) Establishment of time periods.--In establishing 
                the time period referred to in subparagraph (A), and 
                any time periods for review within such period, the 
                Department and all such agencies shall take into 
                account their respective resources and statutory 
                commitments.
    (b) Elements of Coordinated Environmental Review Process.--For each 
project, the coordinated environmental review process established under 
this section shall provide, at a minimum, for the following elements:
            (1) Federal agency identification.--The Secretary shall, at 
        the earliest possible time, identify all potential Federal 
        agencies that--
                    (A) have jurisdiction by law over environmental-
                related issues that may be affected by the project and 
                the analysis of which would be part of any 
                environmental document required by the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); or
                    (B) may be required by Federal law to 
                independently--
                            (i) conduct an environmental-related review 
                        or analysis; or
                            (ii) determine whether to issue a permit, 
                        license, or approval or render an opinion on 
                        the environmental impact of the project.
            (2) Time limitations and concurrent review.--The Secretary 
        and the head of each Federal agency identified under paragraph 
        (1)--
                    (A)(i) shall jointly develop and establish time 
                periods for review for--
                            (I) all Federal agency comments with 
                        respect to any environmental review documents 
                        required by the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.) for the 
                        project; and
                            (II) all other independent Federal agency 
                        environmental analyses, reviews, opinions, and 
                        decisions on any permits, licenses, and 
                        approvals that must be issued or made for the 
                        project;
                whereby each such Federal agency's review shall be 
                undertaken and completed within such established time 
                periods for review; or
                    (ii) may enter into an agreement to establish such 
                time periods for review with respect to a class of 
                project; and
                    (B) shall ensure, in establishing such time periods 
                for review, that the conduct of any such analysis, 
                review, opinion, and decision is undertaken 
                concurrently with all other environmental reviews for 
                the project, including the reviews required by the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.); except that such review may not be 
                concurrent if the affected Federal agency can 
                demonstrate that such concurrent review would result in 
                a significant adverse impact to the environment or 
                substantively alter the operation of Federal law or 
                would not be possible without information developed as 
                part of the environmental review process.
            (3) Factors to be considered.--Time periods for review 
        established under this section shall be consistent with the 
        time periods established by the Council on Environmental 
        Quality under sections 1501.8 and 1506.10 of title 40, Code of 
        Federal Regulations.
            (4) Extensions.--The Secretary shall extend any time 
        periods for review under this section if, upon good cause 
        shown, the Secretary and any Federal agency concerned determine 
        that additional time for analysis and review is needed as a 
        result of new information that has been discovered that could 
        not reasonably have been anticipated when the Federal agency's 
        time periods for review were established. Any memorandum of 
        understanding shall be modified to incorporate any mutually 
        agreed-upon extensions.
    (c) Dispute Resolution.--When the Secretary determines that a 
Federal agency which is subject to a time period for its environmental 
review or analysis under this section has failed to complete such 
review, analysis, opinion, or decision on issuing any permit, license, 
or approval within the established time period or within any agreed-
upon extension to such time period, the Secretary may, after notice and 
consultation with such agency, close the record on the matter before 
the Secretary. If the Secretary finds, after timely compliance with 
this section, that an environmental issue related to the project that 
an affected Federal agency has jurisdiction over by operation of 
Federal law has not been resolved, the Secretary and the head of the 
Federal agency shall resolve the matter not later than 30 days after 
the date of the finding by the Secretary.
    (d) Participation of State Agencies.--For any project eligible for 
assistance under chapter 1 of title 23, United States Code, or chapter 
53 of title 49, United States Code, a State, by operation of State law, 
may require that all State agencies that have jurisdiction by State or 
Federal law over environmental-related issues that may be affected by 
the project, or that are required to issue any environmental-related 
reviews, analyses, opinions, or determinations on issuing any permits, 
licenses, or approvals for the project, be subject to the coordinated 
environmental review process established under this section unless the 
Secretary determines that a State's participation would not be in the 
public interest. For a State to require State agencies to participate 
in the review process, all affected agencies of the State shall be 
subject to the review process.
    (e) Assistance to Affected Federal Agencies.--
            (1) In general.--The Secretary may approve a request by a 
        State or recipient to provide funds for a highway project made 
        available under chapter 1 of title 23, United States Code, or 
        for a mass transit project made available under chapter 53 of 
        title 49, United States Code, to the State for the project 
        subject to the coordinated environmental review process 
        established under this section to affected Federal agencies to 
        provide the resources necessary to meet any time limits 
        established under this section.
            (2) Amounts.--Such requests under paragraph (1) shall be 
        approved only--
                    (A) for the additional amounts that the Secretary 
                determines are necessary for the affected Federal 
                agencies to meet the time limits for environmental 
                review; and
                    (B) if such time limits are less than the customary 
                time necessary for such review.
    (f) Judicial Review and Savings Clause.--
            (1) Judicial review.--Nothing in this section shall affect 
        the reviewability of any final Federal agency action in a court 
        of the United States or in the court of any State.
            (2) Savings clause.--Nothing in this section shall affect 
        the applicability of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) or any other Federal 
        environmental statute or affect the responsibility of any 
        Federal officer to comply with or enforce any such statute.
    (g) Federal Agency Defined.--In this section, the term ``Federal 
agency'' means any Federal agency or any State agency carrying out 
affected responsibilities required by operation of Federal law.

SEC. 306. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

    Section 106(f)(3)(B)(i) is amended--
            (1) by striking ``$100,000,000'' each place it appears and 
        inserting ``$250,000,000'';
            (2) by striking ``Air Traffic Management System Performance 
        Improvement Act of 1996'' and inserting ``Aviation Investment 
        and Reform Act for the 21st Century'';
            (3) in subclause (I)--
                    (A) by inserting ``substantial and'' before 
                ``material''; and
                    (B) by inserting ``or'' after the semicolon at the 
                end; and
            (4) by striking subclauses (II), (III), and (IV) and 
        inserting the following:
                                    ``(II) raise novel or significant 
                                legal or policy issues arising out of 
                                legal mandates that may substantially 
                                and materially affect other 
                                transportation modes.''.

SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.

    (a) Independent Assessment.--
            (1) In general.--The Inspector General of the Department of 
        Transportation shall conduct the assessments described in this 
        section. To conduct the assessments, the Inspector General may 
        use the staff and resources of the Inspector General or 
        contract with 1 or more independent entities.
            (2) Assessment of adequacy and accuracy of faa cost data 
        and attributions.--
                    (A) In general.--The Inspector General shall 
                conduct an assessment to ensure that the method for 
                calculating the overall costs of the Federal Aviation 
                Administration and 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 
                following:
                            (i) The Federal Aviation Administration's 
                        cost input data, including the reliability of 
                        the Federal Aviation Administration's source 
                        documents and the integrity and reliability of 
                        the Federal Aviation Administration's data 
                        collection process.
                            (ii) The Federal Aviation Administration's 
                        system for tracking assets.
                            (iii) The Federal Aviation Administration's 
                        bases for establishing asset values and 
                        depreciation rates.
                            (iv) The Federal Aviation Administration's 
                        system of internal controls for ensuring the 
                        consistency and reliability of reported data.
                            (v) The Federal Aviation Administration's 
                        definition of the services to which the Federal 
                        Aviation Administration ultimately attributes 
                        its costs.
                            (vi) The cost pools used by the Federal 
                        Aviation Administration and the rationale for 
                        and reliability of the bases which the Federal 
                        Aviation Administration proposes to use in 
                        allocating costs of services to users.
                    (C) Requirements for assessment of cost pools.--In 
                carrying out subparagraph (B)(vi), the Inspector 
                General shall--
                            (i) review costs that cannot reliably be 
                        attributed to specific Federal Aviation 
                        Administration services or activities (called 
                        ``common and fixed costs'' in the Federal 
                        Aviation Administration Cost Allocation Study) 
                        and consider alternative methods for allocating 
                        such costs; and
                            (ii) perform appropriate tests to assess 
                        relationships between costs in the various cost 
                        pools and activities and services to which the 
                        costs are attributed by the Federal Aviation 
                        Administration.
            (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, and annually thereafter until December 31, 2004, 
                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 faa financial 
                report.--The Administrator shall include in the annual 
                financial report of the Federal Aviation Administration 
                information on the performance of the Administration 
                sufficient to permit users and others to make an 
                informed evaluation of the progress of the 
                Administration in increasing productivity.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,600,000 for fiscal year 2000.

                      TITLE IV--FAMILY ASSISTANCE

SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.

    (a) Prohibition on Unsolicited Communications.--
            (1) In general.--Section 1136(g)(2) is amended--
                    (A) by inserting after ``transportation,'' the 
                following: ``and in a case involving a foreign air 
                carrier and an accident that occurs within the United 
                States,'';
                    (B) by inserting after ``attorney'' the following: 
                ``(including any associate, agent, employee, or other 
                representative of the attorney)''; and
                    (C) by striking ``30th day'' and inserting ``45th 
                day''.
            (2) Enforcement.--Section 1151 is amended by inserting 
        ``1136(g)(2),'' before ``or 1155(a)'' each place it appears.
    (b) Prohibition on Actions To Prevent Mental Health and Counseling 
Services.--Section 1136(g) is amended by adding at the end the 
following:
            ``(3) Prohibition on actions to prevent mental health and 
        counseling services.--No State or political subdivision may 
        prevent the employees, agents, or volunteers of an organization 
        designated for an accident under subsection (a)(2) from 
        providing mental health and counseling services under 
        subsection (c)(1) in the 30-day period beginning on the date of 
        the accident. The director of family support services 
        designated for the accident under subsection (a)(1) may extend 
        such period for not to exceed an additional 30 days if the 
        director determines that the extension is necessary to meet the 
        needs of the families and if State and local authorities are 
        notified of the determination.''.
    (c) Inclusion of Nonrevenue Passengers in Family Assistance 
Coverage.--Section 1136(h)(2) is amended to read as follows:
            ``(2) Passenger.--The term `passenger' includes--
                    ``(A) an employee of an air carrier or foreign air 
                carrier aboard an aircraft; and
                    ``(B) any other person aboard the aircraft without 
                regard to whether the person paid for the 
                transportation, occupied a seat, or held a reservation 
                for the flight.''.
    (d) Limitation on Statutory Construction.--Section 1136 is amended 
by adding at the end the following:
    ``(i) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that an air carrier 
may take, or the obligations that an air carrier may have, in providing 
assistance to the families of passengers involved in an aircraft 
accident.''.

SEC. 402. AIR CARRIER PLANS.

    (a) Contents of Plans.--
            (1) Flight reservation information.--Section 41113(b) is 
        amended by adding at the end the following:
            ``(14) An assurance that, upon request of the family of a 
        passenger, the air carrier will inform the family of whether 
        the passenger's name appeared on a preliminary passenger 
        manifest for the flight involved in the accident.''.
            (2) Training of employees and agents.--Section 41113(b) is 
        further amended by adding at the end the following:
            ``(15) An assurance that the air carrier will provide 
        adequate training to the employees and agents of the carrier to 
        meet the needs of survivors and family members following an 
        accident.''.
            (3) Submission of updated plans.--The amendments made by 
        paragraphs (1) and (2) shall take effect on the 180th day 
        following the date of enactment of this Act. On or before such 
        180th day, each air carrier holding a certificate of public 
        convenience and necessity under section 41102 of title 49, 
        United States Code, shall submit to the Secretary of 
        Transportation and the Chairman of the National Transportation 
        Safety Board an updated plan under section 41113 of such title 
        that meets the requirement of the amendments made by paragraphs 
        (1) and (2).
            (4) Consultation on carrier response not covered by a 
        plan.--Section 41113(c) is amended by striking ``has included 
        as part of such application'' and inserting the following: 
        ``has included as part of such application--
            ``(1) a plan that meets the requirements of subsection (b); 
        and
            ``(2) an agreement that in the event that the air carrier 
        volunteers assistance to United States citizens within the 
        United States in the case of an aircraft accident outside the 
        United States involving major loss of life, the air carrier 
        will consult with the Board and the Department of State on the 
        provision of the assistance.''.
            (5) Conforming amendments.--Section 41113 is amended--
                    (A) in subsection (a) by striking ``Not later than 
                6 months after the date of the enactment of this 
                section, each air carrier'' and inserting ``Each air 
                carrier''; and
                    (B) in subsection (c) by striking ``After the date 
                that is 6 months after the date of the enactment of 
                this section, the Secretary'' and inserting ``The 
                Secretary''.
    (b) Limitation on Liability.--Section 41113(d) is amended by 
inserting ``, or in providing information concerning a flight 
reservation,'' before ``pursuant to a plan''.
    (c) Limitation on Statutory Construction.--Section 41113 is amended 
by adding at the end the following:
    ``(f) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that an air carrier 
may take, or the obligations that an air carrier may have, in providing 
assistance to the families of passengers involved in an aircraft 
accident.''.

SEC. 403. FOREIGN AIR CARRIER PLANS.

    (a) Inclusion of Nonrevenue Passengers in Family Assistance 
Coverage.--Section 41313(a)(2) is amended to read as follows:
            ``(2) Passenger.--The term `passenger' has the meaning 
        given such term by section 1136 of this title.''.
    (b) Accidents for Which Plan Is Required.--Section 41313(b) is 
amended by striking ``significant'' and inserting ``major''.
    (c) Contents of Plans.--
            (1) In general.--Section 41313(c) is amended by adding at 
        the end the following:
            ``(15) An assurance that the foreign air carrier will 
        provide adequate training to the employees and agents of the 
        carrier to meet the needs of survivors and family members 
        following an accident.''.
            (2) Submission of updated plans.--The amendment made by 
        paragraph (1) shall take effect on the 180th day following the 
        date of enactment of this Act. On or before such 180th day, 
        each foreign air carrier providing foreign air transportation 
        under chapter 413 of title 49, United States Code, shall submit 
        to the Secretary of Transportation and the Chairman of the 
        National Transportation Safety Board an updated plan under 
        section 41313 of such title that meets the requirement of the 
        amendment made by paragraph (1).
    (d) Consultation on Carrier Response Not Covered by a Plan.--
Section 41313(d) is amended by striking ``has included as part of the 
application or request for exemption'' and inserting ``has included as 
part of the application or request for exemption--
            ``(1) a plan that meets the requirements of subsection (c); 
        and
            ``(2) an agreement that, in the event that the foreign air 
        carrier volunteers assistance to United States citizens within 
        the United States in the case of an aircraft accident outside 
        the United States involving major loss of life, the foreign air 
        carrier will consult with the Board and the Department of State 
        on the provision of the assistance.''.

SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS ACT.

    (a) In General.--Section 40120(a) is amended by inserting 
``(including the Act entitled `An Act relating to the maintenance of 
actions for death on the high seas and other navigable waters', 
approved March 30, 1920, commonly known as the Death on the High Seas 
Act (46 U.S.C. App. 761-767; 41 Stat. 537-538))'' after ``United 
States''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
civil actions commenced after the date of enactment of this Act and to 
civil actions that are not adjudicated by a court of original 
jurisdiction or settled on or before such date of enactment.

                            TITLE V--SAFETY

SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.

    (a) In General.--The Administrator shall require by regulation 
that, no later than December 31, 2002, equipment be installed, on each 
cargo aircraft with a maximum certificated takeoff weight in excess of 
15,000 kilograms or more, that provides protection from mid-air 
collisions using technology that provides--
            (1) cockpit based collision detection and conflict 
        resolution guidance, including display of traffic; and
            (2) a margin of safety of at least the same level as 
        provided by the collision avoidance system known as TCAS-II.
    (b) Extension of Deadline.--The Administrator may extend the 
deadline established by subsection (a) by not more than 2 years if the 
Administrator finds that the extension is needed to promote--
            (1) a safe and orderly transition to the operation of a 
        fleet of cargo aircraft equipped with collision avoidance 
        equipment; or
            (2) other safety or public interest objectives.

SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.

    Section 44936(f) is amended--
            (1) in paragraph (1)(B) by inserting ``(except a branch of 
        the United States Armed Forces, the National Guard, or a 
        reserve component of the United States Armed Forces)'' after 
        ``person'' the first place it appears;
            (2) in paragraph (1)(B)(ii) by striking ``individual'' and 
        inserting ``individual's performance as a pilot'';
            (3) in paragraph (14)(B) by inserting ``or from a foreign 
        government or entity that employed the individual'' after 
        ``exists''; and
            (4) by adding at the end the following:
            ``(15) Electronic access to faa records.--For the purpose 
        of increasing timely and efficient access to Federal Aviation 
        Administration records described in paragraph (1), the 
        Administrator may allow, under terms established by the 
        Administrator, a designated individual to have electronic 
        access to a specified database containing information about 
        such records.''.

SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.

    Section 347(b)(1) of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) 
is amended by inserting before the semicolon at the end the following: 
``, including the provisions for investigation and enforcement as 
provided in chapter 12 of title 5, United States Code''.

SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

    Section 44701 is further amended by adding at the end the 
following:
    ``(g) Safety Risk Management Program Guidelines.--The Administrator 
shall issue guidelines and encourage the development of air safety risk 
mitigation programs throughout the aviation industry, including self-
audits and self-disclosure programs.''.

SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

    Not later than 30 days after the date of enactment of this Act, the 
Administrator shall issue a notice of proposed rulemaking to develop 
procedures to protect air carriers and their employees from civil 
enforcement actions under the program known as Flight Operations 
Quality Assurance. Not later than 1 year after the last day of the 
period for public comment provided for in the notice of proposed 
rulemaking, the Administrator shall issue a final rule establishing 
such procedures.

SEC. 506. SMALL AIRPORT CERTIFICATION.

    Not later than 60 days after the date of enactment of this Act, the 
Administrator shall issue a notice of proposed rulemaking on 
implementing section 44706(a)(2) of title 49, United States Code, 
relating to issuance of airport operating certificates for small 
scheduled passenger air carrier operations. Not later than 1 year after 
the last day of the period for public comment provided for in the 
notice of proposed rulemaking, the Administrator shall issue a final 
rule on implementing such program.

SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.

    (a) In General.--Chapter 447 is amended by adding at the end the 
following:
``Sec. 44725. Life-limited aircraft parts
    ``(a) In General.--The Administrator shall conduct a rulemaking 
proceeding to require the safe disposition of life-limited parts 
removed from an aircraft. The rulemaking proceeding shall ensure that 
the disposition deter installation on an aircraft of a life-limited 
part that has reached or exceeded its life limits.
    ``(b) Safe Disposition.--For the purposes of this section, safe 
disposition includes any of the following methods:
            ``(1) The part may be segregated under circumstances that 
        preclude its installation on an aircraft.
            ``(2) The part may be permanently marked to indicate its 
        used life status.
            ``(3) The part may be destroyed in any manner calculated to 
        prevent reinstallation in an aircraft.
            ``(4) The part may be marked, if practicable, to include 
        the recordation of hours, cycles, or other airworthiness 
        information. If the parts are marked with cycles or hours of 
        usage, that information must be updated when the part is 
        retired from service.
            ``(5) Any other method approved by the Administrator.
    ``(c) Deadlines.--In conducting the rulemaking proceeding under 
subsection (a), the Administrator shall--
            ``(1) not later than 180 days after the date of enactment 
        of this section, issue a notice of proposed rulemaking; and
            ``(2) not later than 180 days after the close of the 
        comment period on the proposed rule, issue a final rule.
    ``(d) Prior-Removed Life-Limited Parts.--No rule issued under 
subsection (a) shall require the marking of parts removed before the 
effective date of the rules issued under subsection (a), nor shall any 
such rule forbid the installation of an otherwise airworthy life-
limited part.''.
    (b) Civil Penalty.--Section 46301(a)(3) is amended--
            (1) in subparagraph (A) by striking ``or'' at the end;
            (2) in subparagraph (B) by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(C) a violation of section 44726, relating to the 
                safe disposal of life-limited aircraft parts; or''.
    (c) Conforming Amendment.--The analysis for chapter 447 is further 
amended by adding at the end the following:

``44725. Life-limited aircraft parts.''.

SEC. 508. FAA MAY FINE UNRULY PASSENGERS.

    (a) In General.--Chapter 463 is amended--
            (1) by redesignating section 46316 as section 46317; and
            (2) by inserting after section 46315 the following:
``Sec. 46316. Interference with cabin or flight crew
    ``An individual who interferes with the duties or responsibilities 
of the flight crew or cabin crew of a civil aircraft, or who poses an 
imminent threat to the safety of the aircraft or other individuals on 
the aircraft, is liable to the United States Government for a civil 
penalty of not more than $25,000.''.
    (b) Compromise and Setoff.--Section 46301(f)(1)(A)(i) is amended by 
inserting ``46316,'' before ``or 47107(b)''.
    (c) Conforming Amendment.--The analysis for chapter 463 is amended 
by striking the item relating to section 46316 and inserting after the 
item relating to section 46315 the following:

``46316. Interference with cabin or flight crew.
``46317. General criminal penalty when specific penalty not 
                            provided.''.

                   TITLE VI--WHISTLEBLOWER PROTECTION

SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.

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

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``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 
or otherwise discriminate against an 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 (with the knowledge of the employer) 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 
        (with the knowledge of the employer) 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 is about to 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 person who believes that 
        he or she has been discharged or otherwise discriminated 
        against by a person in violation of subsection (a) may, not 
        later than 90 days after the date on which such violation 
        occurs, file (or have any person file on his or her behalf) a 
        complaint with the Secretary of Labor alleging such discharge 
        or discrimination. Upon receipt of such a complaint, the 
        Secretary of Labor shall notify the person named in the 
        complaint and the Administrator of the Federal Aviation 
        Administration of the filing of the complaint, of the 
        allegations contained in the complaint, of the substance of 
        evidence supporting the complaint, and of the opportunities 
        that will be afforded to such person under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--Not later than 60 days after the 
                date of receipt of a complaint filed under paragraph 
                (1) and after affording the person named in the 
                complaint an opportunity to submit to the Secretary of 
                Labor a 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 the complainant 
                and the person alleged to have committed a violation of 
                subsection (a) of the Secretary's findings. If the 
                Secretary of Labor concludes that there is a reasonable 
                cause to believe that a violation of subsection (a) has 
                occurred, the Secretary shall accompany the Secretary's 
                findings with a preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 30 days 
                after the date of notification of findings under this 
                paragraph, either the person alleged to have committed 
                the violation or the complainant may file objections to 
                the findings or preliminary order, or both, and request 
                a hearing on the record. The filing of such objections 
                shall not operate to stay any reinstatement remedy 
                contained in the preliminary order. Such hearings shall 
                be conducted expeditiously. If a hearing is not 
                requested in such 30-day period, the preliminary order 
                shall be deemed a final order that is not subject to 
                judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed 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.--Not later than 120 days after the date of 
                conclusion of a hearing under paragraph (2), the 
                Secretary of Labor shall issue a final order providing 
                the relief prescribed by this paragraph or denying the 
                complaint. At any time before issuance of a final 
                order, a proceeding under this subsection may be 
                terminated on the basis of a settlement agreement 
                entered into by the Secretary of Labor, the 
                complainant, and the person alleged to have committed 
                the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the person who committed 
                such violation to--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to his or 
                        her former position together with the 
                        compensation (including back pay), terms, 
                        conditions, and privileges associated with his 
                        or her employment; and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                If such an order is issued under this paragraph, the 
                Secretary of Labor, at the request of the complainant, 
                shall assess against the person against whom the order 
                is issued a sum equal to the aggregate amount of all 
                costs and expenses (including attorneys' and expert 
                witness fees) reasonably incurred, as determined by the 
                Secretary of Labor, by the complainant for, or in 
                connection with, the bringing the complaint upon which 
                the order was issued.
                    ``(C) Frivolous complaints.--If the Secretary of 
                Labor finds that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary of Labor may award to the prevailing employer 
                a reasonable attorney's fee not exceeding $5,000.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review must be filed not later than 60 
                days after the date of the issuance of the order of the 
                Secretary of Labor. Review shall conform to chapter 7 
                of title 5, United States Code. The commencement of 
                proceedings under this subparagraph shall not, unless 
                ordered by the court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which review 
                could have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any criminal or 
                other civil proceeding.
            ``(5) Enforcement of order by secretary of labor.--Whenever 
        a person has failed to comply with an order issued under 
        paragraph (3), the Secretary of Labor may file a civil action 
        in the United States district court for the district in which 
        the violation was found to occur to enforce such order. In 
        actions brought under this paragraph, the district courts shall 
        have jurisdiction to grant all appropriate relief including, 
        but not limited to, injunctive relief and compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28, United States Code.
    ``(d) Nonapplicability to Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of an air carrier who, 
acting without direction from such air carrier (or such air carrier's 
agent), deliberately causes a violation of any requirement relating to 
air carrier safety under this subtitle or any other law of the United 
States.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for an air carrier.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.''.

SEC. 602. CIVIL PENALTY.

    Section 46301(a)(1)(A) is amended by striking ``subchapter II of 
chapter 421'' and inserting ``subchapter II or III of chapter 421''.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

    Section 106(g)(1)(A) is amended by striking ``40113(a), (c), and 
(d),'' and all that follows through ``45302-45304,'' and inserting 
``40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 
445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 
44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except 
sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 
44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907-
44911, 44913, 44915, and 44931-44934), chapter 451, chapter 453, 
sections''.

SEC. 702. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

    Section 40110 is amended by adding at the end the following:
    ``(d) Prohibition on Release of Offeror Proposals.--
            ``(1) General rule.--Except as provided in paragraph (2), a 
        proposal in the possession or control of the Administrator may 
        not be made available to any person under section 552 of title 
        5, United States Code.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        portion of a proposal of an offeror the disclosure of which is 
        authorized by the Administrator pursuant to procedures 
        published in the Federal Register. The Administrator shall 
        provide an opportunity for public comment on the procedures for 
        a period of not less than 30 days beginning on the date of such 
        publication in order to receive and consider the views of all 
        interested parties on the procedures. The procedures shall not 
        take effect before the 60th day following the date of such 
        publication.
            ``(3) Proposal defined.--In this subsection, the term 
        `proposal' means information contained in or originating from 
        any proposal, including a technical, management, or cost 
        proposal, submitted by an offeror in response to the 
        requirements of a solicitation for a competitive proposal.''.

SEC. 703. MULTIYEAR PROCUREMENT CONTRACTS.

    Section 40111 is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Telecommunications Services.--Notwithstanding section 
1341(a)(1)(B) of title 31, the Administrator may make a contract of not 
more than 10 years for telecommunication services that are provided 
through the use of a satellite if the Administrator finds that the 
longer contract period would be cost beneficial.''.

SEC. 704. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    (a) Mediation.--Section 40122(a)(2) is amended by adding at the end 
the following: ``The 60-day period shall not include any period during 
which Congress has adjourned sine die.''.
    (b) Right To Contest Adverse Personnel Actions.--Section 40122 is 
amended by adding at the end the following:
    ``(g) Right To Contest Adverse Personnel Actions.--An employee of 
the Administration who is the subject of a major adverse personnel 
action may contest the action either through any contractual grievance 
procedure that is applicable to the employee as a member of the 
collective bargaining unit or through the Administration's internal 
process relating to review of major adverse personnel actions of the 
Administration, known as Guaranteed Fair Treatment or under section 
347(c) of the Department of Transportation andRelated Agencies 
Appropriations Act, 1996.
    ``(h) Election of Forum.--Where a major adverse personnel action 
may be contested through more than one of the indicated forums (such as 
the contractual grievance procedure, the Federal Aviation 
Administration's internal process, or that of the Merit Systems 
Protection Board), an employee must elect the forum through which the 
matter will be contested. Nothing in this section is intended to allow 
an employee to contest an action through more than one forum unless 
otherwise allowed by law.
    ``(i) Definition.--For purposes of this section, the term `major 
adverse personnel action' means a suspension of more than 14 days, a 
reduction in pay or grade, a removal for conduct or performance, a 
nondisciplinary removal, a furlough of 30 days or less (but not 
including placement in a nonpay status as the result of a lapse of 
appropriations or an enactment by Congress), or a reduction in force 
action.''.
    (c) Applicability of Merit Systems Protection Board Provisions.--
Section 347(b) of the Department of Transportation and Related Agencies 
Appropriations Act, 1996 (109 Stat. 460) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) sections 1204, 1211-1218, 1221, and 7701-7703, 
        relating to the Merit Systems Protection Board.''.
    (d) Appeals to Merit Systems Protection Board.--Section 347(c) of 
the Department of 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. 705. NONDISCRIMINATION IN AIRLINE TRAVEL.

    (a) Discriminatory Practices.--Section 41310(a) is amended to read 
as follows:
    ``(a) Prohibitions.--
            ``(1) In general.--An air carrier or foreign air carrier 
        may not subject a person, place, port, or type of traffic in 
        foreign air transportation to unreasonable discrimination.
            ``(2) Discrimination against persons.--An air carrier or 
        foreign air carrier may not subject a person in foreign air 
        transportation to discrimination on the basis of race, color, 
        national origin, religion, or sex.''.
    (b) Interstate Air Transportation.--Section 41702 is amended--
            (1) by striking ``An air carrier'' and inserting ``(a) Safe 
        and Adequate Air Transportation.--An air carrier''; and
            (2) by adding at the end the following:
    ``(b) Discrimination Against Persons.--An air carrier may not 
subject a person in interstate air transportation to discrimination on 
the basis of race, color, national origin, religion, or sex.''.
    (c) Discrimination Against Handicapped Individuals.--Section 41705 
is amended by inserting ``or foreign air carrier'' after ``air 
carrier''.
    (d) Civil Penalty for Violations of Prohibition on Discrimination 
Against the Handicapped.--Sections 46301(a)(1)(A) is amended by 
inserting ``41705,'' after ``41704,''.
    (e) International Aviation Standards for Accommodating the 
Handicapped.--The Secretary of Transportation shall work with 
appropriate international organizations and the aviation authorities of 
other nations to bring about the establishment of higher standards, if 
appropriate, for accommodating handicapped passengers in air 
transportation, particularly with respect to foreign air carriers that 
code share with domestic air carriers.

SEC. 706. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

    Section 44502(a) is further amended by adding at the end the 
following:
            ``(6) Improvements on leased properties.--The Administrator 
        may make improvements to real property leased for an air 
        navigation facility, regardless of whether the cost of making 
        the improvements exceeds the cost of leasing the real property, 
        if--
                    ``(A) the property is leased for free or nominal 
                rent;
                    ``(B) the improvements primarily benefit the 
                Government;
                    ``(C) the improvements are essential for 
                accomplishment of the mission of the Federal Aviation 
                Administration; and
                    ``(D) the interest of the Government in the 
                improvements is protected.''.

SEC. 707. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.

    Section 44701 is amended by--
            (1) redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Bilateral Exchanges of Safety Oversight Responsibilities.--
            ``(1) In general.--Notwithstanding the provisions of this 
        chapter, the Administrator, pursuant to Article 83 bis of the 
        Convention on International Civil Aviation and by a bilateral 
        agreement with the aeronautical authorities of another country, 
        may exchange with that country all or part of their respective 
        functions and duties with respect to registered aircraft under 
        the following articles of the Convention: Article 12 (Rules of 
        the Air); Article 31 (Certificates of Airworthiness); or 
        Article 32a (Licenses of Personnel).
            ``(2) Relinquishment and acceptance of responsibility.--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) for United States-registered aircraft 
        described in paragraph (4)(A) transferred abroad and accepts 
        responsibility with respect to the functions and duties under 
        those Articles for aircraft registered abroad and described in 
        paragraph (4)(B) that are transferred to the United States.
            ``(3) Conditions.--The Administrator may predicate, in the 
        agreement, the transfer of functions and duties under this 
        subsection on any conditions the Administrator deems necessary 
        and prudent, except that the Administrator may not transfer 
        responsibilities for United States registered aircraft 
        described in paragraph (4)(A) to a country that the 
        Administrator determines is not in compliance with its 
        obligations under international law for the safety oversight of 
        civil aviation.
            ``(4) Registered aircraft defined.--In this subsection, the 
        term `registered aircraft' means--
                    ``(A) aircraft registered in the United States and 
                operated pursuant to an agreement for the lease, 
                charter, or interchange of the 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 and 
                operated under an agreement for the lease, charter, or 
                interchange of the aircraft or any similar arrangement 
                by an operator that has its principal place of business 
                or, if it has no such place of business, its permanent 
                residence in the United States.''.

SEC. 708. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

    Section 44703 is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Public Information.--
            ``(1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, the records of the 
        contents (as prescribed in subsection (b)) of any airman 
        certificate issued under this section shall be made available 
        to the public after the 90th day following the date of 
        enactment of the Aviation Investment and Reform Act for the 
        21st Century.
            ``(2) Addresses of airmen.--Before making the address of an 
        airman available to the public under paragraph (1), the airman 
        shall be given an opportunity to elect that the airman's 
        address not be made available to the public.
            ``(3) Development and implementation of program.--Not later 
        than 60 days after the date of enactment of the Aviation 
        Investment and Reform Act for the 21st Century, the 
        Administrator shall develop and implement, in cooperation with 
        representatives of the aviation industry, a one-time written 
        notification to airmen to set forth the implications of making 
        the address of an airman available to the public under 
        paragraph (1) and to carry out paragraph (2).''.

SEC. 709. APPEALS OF EMERGENCY REVOCATIONS OF CERTIFICATES.

    Section 44709(e) is amended to read as follows:
    ``(e) Effectiveness of Orders Pending Appeal.--
            ``(1) In general.--Except as provided in paragraph (2), if 
        a person files an appeal with the Board under section (d), the 
        order of the Administrator is stayed.
            ``(2) Emergencies.--If the Administrator advises the Board 
        that an emergency exists and safety in air commerce or air 
        transportation requires the order to be effective immediately, 
        the order is effective, except that a person filing an appeal 
        under subsection (d) may file a written petition to the Board 
        for an emergency stay on the issues of the appeal that are 
        related to the existence of the emergency. The Board shall have 
        10 days to review the materials. If any 2 members of the Board 
        determine that sufficient grounds exist to grant a stay, an 
        emergency stay shall be granted. If an emergency stay is 
        granted, the Board must meet within 15 days of the granting of 
        the stay to make a final disposition of the issues related to 
        the existence of the emergency.
            ``(3) Final disposition of appeal.--In all cases, the Board 
        shall make a final disposition of the merits of the appeal not 
        later than 60 days after the Administrator advises the Board of 
        the order.''.

SEC. 710. GOVERNMENT AND INDUSTRY CONSORTIA.

    Section 44903 is amended by adding at the end the following:
    ``(f) Government and Industry Consortia.--The Administrator may 
establish at individual airports such consortia of government and 
aviation industry 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.''.

SEC. 711. PASSENGER MANIFEST.

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

SEC. 712. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

    Section 45301(a) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Services (other than air traffic control services) 
        provided to a foreign government or to any entity obtaining 
        services outside the United States, except that the 
        Administrator shall not impose fees in any manner for 
        production-certification related service performed outside the 
        United States.''; and
            (2) by adding at the end the following:
    ``(d) Production-Certification Related Service Defined.--In this 
section the term `production-certification related service' has the 
meaning given that term in Appendix C of part 187 of title 14, Code of 
Federal Regulations.''.

SEC. 713. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

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

SEC. 714. ENHANCED VISION TECHNOLOGIES.

    (a) Study.--The Administrator shall conduct a study of the 
feasibility of requiring United States airports to install enhanced 
vision technologies to replace or enhance conventional landing light 
systems over the 10-year period following the date of completion of 
such study.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall transmit to Congress a report on the 
results of the study conducted under subsection (a), together with such 
recommendations as the Administrator considers appropriate.
    (c) Inclusion of Installation as Airport Development.--Section 
47102 of title 49, United States Code, is amended--
            (1) in paragraph (3)(B)--
                    (A) by striking ``and'' at the end of clause (v);
                    (B) by striking the period at the end of clause 
                (vi) and inserting ``; and''; and
                    (C) by inserting after clause (vi) the following:
                            ``(vii) enhanced vision technologies that 
                        are certified by the Administrator of the 
                        Federal Aviation Administration and that are 
                        intended to replace or enhance conventional 
                        landing light systems.''; and
            (2) by adding at the end the following:
            ``(21) Enhanced vision technologies.--The term `enhanced 
        vision technologies' means laser guidance, ultraviolet 
        guidance, infrared, and cold cathode technologies.''.
    (d) Certification.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall transmit to Congress a 
schedule for deciding whether or not to certify laser guidance 
equipment for use as approach lighting at United States airports and of 
cold cathode lighting equipment for use as runway and taxiway lighting 
at United States airports and as lighting at United States heliports.

SEC. 715. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.

    (a) Waivers for Aircraft Not Complying With Stage 3 Noise Levels.--
Section 47528(b)(1) is amended in the first sentence by inserting ``or 
foreign air carrier'' after ``air carrier''.
    (b) Exemption for Aircraft Modification or Disposal.--Section 47528 
is amended--
            (1) in subsection (a) by inserting ``or (f)'' after 
        ``(b)''; and
            (2) by adding at the end the following:
    ``(f) Aircraft Modification or Disposal.--After December 31, 1999, 
the Secretary may provide a procedure under which a person may operate 
a stage 1 or stage 2 aircraft in nonrevenue service to or from an 
airport in the United States in order to--
            ``(1) sell the aircraft outside the United States;
            ``(2) sell the aircraft for scrapping; or
            ``(3) obtain modifications to the aircraft to meet stage 3 
        noise levels.''.

SEC. 716. TYPOGRAPHICAL ERRORS.

    (a) In Title 49, United States Code.--Title 49 is amended--
            (1) in section 5108(f) by striking ``section 552(f)'' and 
        inserting ``section 552(b)''.
            (2) in section 15904(c)(1) by inserting ``section'' before 
        ``15901(b)''.
            (3) in section 49106(b)(1)(F) by striking ``1996'' and 
        inserting ``1986'';
            (4) in section 49106(c)(3) by striking ``by the board'' and 
        inserting ``to the board'';
            (5) in section 49107(b) by striking ``subchapter II'' and 
        inserting ``subchapter III''; and
            (6) in section 49111(b) by striking ``retention of'' and 
        inserting ``retention by''.
    (b) Codification Repeal Table.--The Schedule of Laws Repealed in 
section 5(b) the Act of November 20, 1997 (Public Law 105-102; 111 
Stat. 2217), is amended by striking ``1996'' the first place it appears 
and inserting ``1986''.
    (c) Codification References.--Effective October 11, 1996, section 
5(45)(A) of the Act of October 11, 1996 (Public Law 104-287, 110 Stat. 
3393), is amended by striking ``ENFORCEMENT;'' and inserting 
``ENFORCEMENT:''.

SEC. 717. ACQUISITION MANAGEMENT SYSTEM.

    Section 348 of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) 
is amended by striking subsection (c) and inserting the following:
    ``(c) Contracts Extending Into a Subsequent Fiscal Year.--
Notwithstanding subsection (b)(3), the Administrator may enter into 
contracts for procurement of severable services that begin in one 
fiscal year and end in another if (without regard to any option to 
extend the period of the contract) the contract period does not exceed 
1 year.''.

SEC. 718. EXTENSION OF APPLICATION APPROVALS FOR METROPOLITAN 
              WASHINGTON AIRPORT AUTHORITY.

    49108 is amended by striking ``2001'' and inserting ``2004''.

SEC. 719. 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. 720. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY 
              COMPLAINTS.

    (a) Hiring of Additional Personnel.--For fiscal year 2000, the 
Secretary of Transportation may hire or contract for such additional 
personnel as may be necessary to eliminate the backlog of pending equal 
employment opportunity complaints to the Department of Transportation 
and to ensure that investigations of complaints are completed not later 
than 180 days after the date of initiation of the investigation.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 2000. 
Such sums shall remain available until expended.

SEC. 721. NEWPORT NEWS, VIRGINIA.

    (a) Authority To Grant Waivers.--Notwithstanding section 16 of the 
Federal Airport Act (as in effect on May 14, 1947) or section 47125 of 
title 49, United States Code, the Secretary shall, subject to section 
47153 of such title (as in effect on June 1, 1998), and subsection (b) 
of this section, waive with respect to airport property parcels that, 
according to the airport layout plan for Newport News/Williamsburg 
International Airport, are no longer required for airport purposes from 
any term contained in the deed of conveyance dated May 14, 1947, under 
which the United States conveyed such property to the Peninsula Airport 
Commission for airport purposes of the Commission.
    (b) Conditions.--Any waiver granted by the Secretary under 
subsection (a) shall be subject to the following conditions:
            (1) The Peninsula Airport Commission shall agree that, in 
        leasing or conveying any interest in the property with respect 
        to which waivers are granted under subsection (a), the 
        Commission will receive an amount that is equal to the fair 
        lease value or the fair market value, as the case may be (as 
        determined pursuant to regulations issued by the Secretary).
            (2) Peninsula Airport Commission shall use any amount so 
        received only for the development, improvement, operation, or 
        maintenance of Newport News/Williamsburg International Airport.

SEC. 722. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

    The City of Los Angeles Department of Airports may grant an 
easement to the California Department of Transportation to lands 
required to provide sufficient right-of-way to facilitate the 
construction of the California State Route 138 bypass, as proposed by 
the California Department of Transportation.

SEC. 723. REGULATION OF ALASKA GUIDE PILOTS.

    (a) In General.--Beginning on the date of 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 Regulations.
    (b) Rulemaking Proceeding.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration 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.--Any rule issued by the 
        Administrator pursuant to the rulemaking proceeding conducted 
        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 
                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.
            (3) Letter of authorization defined.--In this subsection, 
        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.
    (c) Alaska Guide Pilot Defined.--In this Act, the term ``Alaska 
guide pilot'' means a pilot who--
            (1) conducts aircraft operations over or within the State 
        of Alaska;
            (2) 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
            (3) 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. 724. PUBLIC AIRCRAFT.

    (a) Restatement of Definition of Public Aircraft Without 
Substantive Change.--Section 40102(37) is amended to read as follows:
            ``(37) `public aircraft' means an aircraft--
                    ``(A) used only for the United States Government, 
                and operated under the conditions specified by section 
                40125(b) if owned by the Government;
                    ``(B) owned by the United States Government, 
                operated by any person for purposes related to crew 
                training, equipment development, or demonstration, and 
                operated under the conditions specified by section 
                40125(b);
                    ``(C) owned and operated by the government of a 
                State, the District of Columbia, a territory or 
                possession of the United States, or a political 
                subdivision of one of these governments, under the 
                conditions specified by section 40125(c); or
                    ``(D) exclusively leased for at least 90 continuous 
                days by the government of a State, the District of 
                Columbia, a territory or possession of the United 
                States, or a political subdivision of one of these 
                governments.''.
    (b) Qualifications for Public Aircraft Status.--
            (1) General.--Chapter 401 is amended by adding at the end 
        the following:
``Sec. 40125. Qualifications for public aircraft status
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial purposes.--The term `commercial purposes' 
        means the transportation of persons or property for 
        compensation or hire, but does not include the operation of an 
        aircraft by one government on behalf of another government 
        under a cost reimbursement agreement, if the government on 
        whose behalf the operation is conducted certifies to the 
        Administrator of the Federal Aviation Administration that the 
        operation is necessary to respond to a significant and imminent 
        threat to life or property (including natural resources) and 
        that no service by a private operator is reasonably available 
        to meet the threat.
            ``(2) Governmental function.--The term `governmental 
        function' means an activity undertaken by a government, such as 
        firefighting, search and rescue, law enforcement, aeronautical 
        research, or biological or geological resource management.
            ``(3) Qualified non-crewmember.--The term `qualified non-
        crewmember' means an individual, other than a member of the 
        crew, aboard an aircraft--
                    ``(A) operated by the armed forces or an 
                intelligence agency of the United States Government; or
                    ``(B) whose presence is required to perform, or is 
                associated with the performance of, a governmental 
                function.
    ``(b) Aircraft Owned by the United States.--An aircraft described 
in 40102(37)(A) or (B), if owned by the Government, qualifies as a 
public aircraft except when it is used for commercial purposes or to 
carry an individual other than a crewmember or a qualified non-
crewmember.
    ``(c) Aircraft Owned by State and Local Governments.--An aircraft 
described in 40102(37)(C) qualifies as a public aircraft except when it 
is used for commercial purposes or to carry an individual other than a 
crewmember or a qualified non-crewmember.''.
            (2) Conforming amendment.--The analysis for chapter 401 is 
        amended by adding at the end the following:

``40125. Qualifications for public aircraft status.''.

SEC. 725. EXTENSION OF WAR RISK INSURANCE PROGRAM.

    Section 44310 of such title is amended by striking ``March 31, 
1999'' and inserting ``December 31, 2004''.

SEC. 726. CENTENNIAL OF FLIGHT COMMISSION.

    (a) Membership.--
            (1) Appointment.--Section 4(a)(5) of the Centennial of 
        Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3487) 
        is amended by inserting ``, or his designee,'' after 
        ``prominence''.
            (2) Status.--Section 4 of such Act (112 Stat. 3487) is 
        amended by adding at the end the following:
    ``(g) Status.--The members of the Commission described in 
paragraphs (1), (3), (4), and (5) of subsection (a) shall not be 
considered to be officers or employees of the United States.''.
    (b) Duties.--Section 5(a)(7) of such Act (112 Stat. 3488) is 
amended to read as follows:
            ``(7) as a nonprimary purpose, publish popular and 
        scholarly works related to the history of aviation or the 
        anniversary of the centennial of powered flight.''.
    (c) Conflicts of Interest.--Section 6 of such Act (112 Stat. 3488-
3489) is amended by adding at the end the following:
    ``(e) Conflicts of Interest.--At its second business meeting, the 
Commission shall adopt a policy to protect against possible conflicts 
of interest involving its members and employees. The Commission shall 
consult with the Office of Government Ethics in the development of such 
a policy and shall recognize the status accorded its members under 
section 4(g).''.
    (d) Executive Director.--The first sentence of section 7(a) of such 
Act (112 Stat. 3489) is amended by striking the period at the end and 
inserting the following: ``or represented on the First Flight 
Centennial Advisory Board under subparagraphs (A) through (E) of 
section 12(b)(1).''.
    (e) Exclusive Right to Name, Logos, Emblems, Seals, and Marks.--
            (1) Use of funds.--Section 9(d) of such Act (112 Stat. 
        3490) is amended by striking the period at the end and 
        inserting the following: ``, except that the Commission may 
        transfer any portion of such funds that is in excess of the 
        funds necessary to carry out such duties to any Federal agency 
        or the National Air and Space Museum of the Smithsonian 
        Institution to be used for the sole purpose of commemorating 
        the history of aviation or the centennial of powered flight.''.
            (2) Duties to be carried out by administrator of nasa.--
        Section 9 of such Act (112 Stat. 3490) is amended by adding at 
        the end the following:
    ``(f) Duties To Be Carried Out by Administrator of NASA.--The 
duties of the Commission under this section shall be carried out by the 
Administrator of the National Aeronautics and Space Administration, in 
consultation with the Commission.''.

SEC. 727. PILOT PROGRAM FOR CAPITAL LEASING CONTRACTS.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator may establish a pilot program for fiscal years 2000 
through 2004 to test and evaluate the benefits of long-term capital 
leasing contracts of aviation equipment and facilities.
    (b) Program Criteria.--The Administrator shall establish criteria 
for the pilot program. The Administrator may not enter into more than 
20 leasing contracts under the pilot program, and may not enter into 
any leasing contract under the pilot program unless the Administrator 
determines that the leasing contract will be of the best value to the 
United States. Each of such contracts shall be for a period greater 
than 5 years, but no greater than 20 years. Under such a contract, the 
aviation equipment or facility shall be provided by the lessee and 
operated by the Administrator and funding for the lease of the 
equipment or facility shall be subject to annual appropriations.

SEC. 728. REPEAL OF MAIL RATE-SETTING AUTHORITY.

    Effective December 31, 1998, section 4(k) of the Act of July 5, 
1994 (Public Law 103-272, 108 Stat. 1370), as amended by section 
7(a)(3)(D) of the Act of October 31, 1994 (Public Law 103-429 , 108 
Stat. 329), is repealed.

SEC. 729. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.

    (a) Establishment of Panel.--The Secretary of Transportation--
            (1) shall establish an Aircraft Repair and Maintenance 
        Advisory Panel to review issues related to the use and 
        oversight of aircraft and aviation component repair and 
        maintenance facilities (in this section referred to as 
        ``aircraft repair facilities'') located within, or outside of, 
        the United States; and
            (2) may seek the advice of the panel on any issue related 
        to methods to increase safety by improving the oversight of 
        aircraft repair facilities.
    (b) Membership.--The panel shall consist of--
            (1) 9 members appointed by the Secretary 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 repair facilities;
                    (E) 1 representative of aircraft manufacturers;
                    (F) 1 representative of on-demand passenger air 
                carriers and corporate aircraft operations; and
                    (G) 1 representative of regional passenger air 
                carriers;
            (2) 1 representative from the Department of Commerce, 
        designated by the Secretary of Commerce;
            (3) 1 representative from the Department of State, 
        designated by the Secretary of State; and
            (4) 1 representative from the Federal Aviation 
        Administration, designated by the Administrator of the Federal 
        Aviation Administration.
    (c) Responsibilities.--The panel shall--
            (1) determine the amount and type of work that is being 
        performed by aircraft repair facilities located within, and 
        outside of, the United States; and
            (2) provide advice and counsel to the Secretary with 
        respect to the aircraft and aviation component repair work 
        performed by aircraft repair facilities and air carriers, 
        staffing needs, and any balance of trade or safety issues 
        associated with that work.
    (d) DOT To Request Information From Air Carriers and Repair 
Facilities.--
            (1) Collection of information.--The Secretary, by 
        regulation, shall require air carriers, foreign air carriers, 
        domestic repair facilities, and foreign repair facilities to 
        submit such information as the Secretary may require in order 
        to assess balance of trade and safety issues with respect to 
        work performed on aircraft used by air carriers, foreign air 
        carriers, United States corporate operators, and foreign 
        corporate operators.
            (2) Drug and alcohol testing information.--Included in the 
        information the Secretary requires under paragraph (1) shall be 
        information on the existence and administration of employee 
        drug and alcohol testing programs in place at the foreign 
        repair facilities, if applicable. The Secretary, if necessary, 
        shall work with the International Civil Aviation Organization 
        to increase the number and improve the administration of 
        employee drug and alcohol testing programs at the foreign 
        repair facilities.
            (3) Description of work done.--Included in the information 
        the Secretary requires under paragraph (1) shall be information 
        on the amount and type of work performed on aircraft registered 
        in and outside of the United States.
    (e) DOT To Facilitate Collection of Information About Aircraft 
Maintenance.--The Secretary shall facilitate the collection of 
information from the National Transportation Safety Board, the Federal 
Aviation Administration, and other appropriate agencies regarding 
maintenance performed by aircraft repair facilities.
    (f) DOT To Make Information Available to Public.--The Secretary 
shall make any relevant information received under subsection (c) 
available to the public, consistent with the authority to withhold 
trade secrets or commercial, financial, and other proprietary 
information under section 552 of title 5, United States Code.
    (g) Termination.--The panel established under subsection (a) shall 
terminate on the earlier of--
            (1) the date that is 2 years after the date of enactment of 
        this Act; or
            (2) December 31, 2001.
    (h) Definitions.--The definitions contained in section 40102 of 
title 49, United States Code, shall apply to this section.

             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``National Parks Air Tour Management 
Act of 1999''.

SEC. 802. FINDINGS.

    Congress finds that--
            (1) the Federal Aviation Administration has sole authority 
        to control airspace over the United States;
            (2) the Federal Aviation Administration has the authority 
        to preserve, protect, and enhance the environment by 
        minimizing, mitigating, or preventing the adverse effects of 
        aircraft overflights of 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, commercial air tour, environmental, and 
        Native American representatives, recommended that the Congress 
        enact legislation based on the Group's consensus work product; 
        and
            (6) this title reflects the recommendations made by that 
        Group.

SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

    (a) In General.--Chapter 401 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 40125. Overflights of national parks
    ``(a) In General.--
            ``(1) General requirements.--A commercial air tour operator 
        may not conduct commercial air tour operations over a national 
        park (including tribal lands) except--
                    ``(A) in accordance with this section;
                    ``(B) in accordance with conditions and limitations 
                prescribed for that operator by the Administrator; and
                    ``(C) in accordance with any applicable air tour 
                management plan for the park.
            ``(2) Application for operating authority.--
                    ``(A) Application required.--Before commencing 
                commercial air tour operations over a national park 
                (including tribal lands), a commercial air tour 
                operator shall apply to the Administrator for authority 
                to conduct the operations over the park.
                    ``(B) Competitive bidding for limited capacity 
                parks.--Whenever an air tour management plan limits the 
                number of commercial air tour operations over a 
                national park during a specified time frame, the 
                Administrator, in cooperation with the Director, shall 
                issue operation specifications to commercial air tour 
                operators that conduct such operations. The operation 
                specifications shall include such terms and conditions 
                as the Administrator and the Director find necessary 
                for management of commercial air tour operations over 
                the 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 operations over the park. 
                In making a selection from among various proposals 
                submitted, the Administrator, in cooperation with the 
                Director, shall consider relevant factors, including--
                            ``(i) the safety record of the person 
                        submitting the proposal or pilots employed by 
                        the person;
                            ``(ii) any quiet aircraft technology 
                        proposed to be used by the person submitting 
                        the proposal;
                            ``(iii) the experience of the person 
                        submitting the proposal with commercial air 
                        tour operations over other national parks or 
                        scenic areas;
                            ``(iv) the financial capability of the 
                        company;
                            ``(v) any training programs for pilots 
                        provided by the person submitting the proposal; 
                        and
                            ``(vi) responsiveness of the person 
                        submitting the proposal to any relevant 
                        criteria developed by the National Park Service 
                        for the affected park.
                    ``(C) Number of operations authorized.--In 
                determining the number of authorizations to issue to 
                provide commercial air tour operations over a national 
                park, the Administrator, in cooperation with the 
                Director, shall take into consideration the provisions 
                of the air tour management plan, the number of existing 
                commercial air tour operators and current level of 
                service and equipment provided by any such operators, 
                and the financial viability of each commercial air tour 
                operation.
                    ``(D) Cooperation with nps.--Before granting an 
                application under this paragraph, the Administrator, in 
                cooperation with the Director, shall develop an air 
                tour management plan in accordance with subsection (b) 
                and implement such plan.
            ``(3) Exception.--
                    ``(A) In general.--If a commercial air tour 
                operator secures a letter of agreement from the 
                Administrator and the superintendent for the national 
                park that describes the conditions under which the 
                commercial air tour operation will be conducted, then 
                notwithstanding paragraph (1), the commercial air tour 
                operator may conduct such operations over the national 
                park under part 91 of title 14, Code of Federal 
                Regulations, if such activity is permitted under part 
                119 of such title.
                    ``(B) Limit on exceptions.--Not more than 5 flights 
                in any 30-day period over a single national park may be 
                conducted under this paragraph.
            ``(4) Special rule for safety requirements.--
        Notwithstanding subsection (c), an existing commercial air tour 
        operator shall apply, not later than 90 days after the date of 
        enactment of this section, for operating authority under part 
        119, 121, or 135 of title 14, Code of Federal Regulations. A 
        new entrant commercial air tour operator shall apply for such 
        authority before conducting commercial air tour operations over 
        a national park (including tribal lands). The Administrator 
        shall act on any such application for a new entrant and issue a 
        decision on the application not later than 24 months after it 
        is received or amended.
    ``(b) Air Tour Management Plans.--
            ``(1) Establishment.--
                    ``(A) In general.--The Administrator, in 
                cooperation with the Director, shall establish an air 
                tour management plan for any national park (including 
                tribal lands) for which such a plan is not in effect 
                whenever a person applies for authority to conduct a 
                commercial air tour operation over the park. The air 
                tour management plan shall be developed by means of a 
                public process in accordance with paragraph (4).
                    ``(B) Objective.--The objective of any air tour 
                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, 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) (including a finding of no 
        significant impact, an environmental assessment, and 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 limit or prohibit commercial air tour 
                operations;
                    ``(B) may establish conditions for the conduct of 
                commercial air tour operations, including commercial 
                air tour operation 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 adverse noise, visual, or other impacts;
                    ``(C) may apply to all commercial air tour 
                operations;
                    ``(D) shall include incentives (such as preferred 
                commercial air tour operation routes and altitudes and 
                relief from flight caps and curfews) for the adoption 
                of quiet aircraft technology by commercial air tour 
                operators conducting commercial air tour operations 
                over the park;
                    ``(E) shall provide a system for allocating 
                opportunities to conduct commercial air tours if the 
                air tour management plan includes a limitation on the 
                number of commercial air tour operations for any time 
                period; and
                    ``(F) shall justify and document the need for 
                measures taken pursuant to subparagraphs (A) through 
                (E) and include such justifications in the record of 
                decision.
            ``(4) Procedure.--In establishing an air tour management 
        plan for a national park (including tribal lands), the 
        Administrator and the Director shall--
                    ``(A) hold at least one public meeting with 
                interested parties to develop the air tour management 
                plan;
                    ``(B) publish the proposed plan in the Federal 
                Register for notice and comment and make copies of the 
                proposed plan available to the public;
                    ``(C) comply with the regulations set forth in 
                sections 1501.3 and 1501.5 through 1501.8 of title 40, 
                Code of Federal Regulations (for purposes of complying 
                with the regulations, the Federal Aviation 
                Administration shall be the lead agency and the 
                National Park Service is a cooperating agency); and
                    ``(D) solicit the participation of any Indian tribe 
                whose tribal lands are, or may be, overflown by 
                aircraft involved in a commercial air tour operation 
                over the park, as a cooperating agency under the 
                regulations referred to in subparagraph (C).
            ``(5) Judicial review.--An air tour management plan 
        developed under this subsection shall be subject to judicial 
        review.
            ``(6) Amendments.--The Administrator, in cooperation with 
        the Director, may make amendments to an air tour management 
        plan. Any such amendments 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) Determination of Commercial Air Tour Operation Status.--In 
making a determination of whether a flight is a commercial air tour 
operation, the Administrator may consider--
            ``(1) whether there was a holding out to the public of 
        willingness to conduct a sightseeing flight for compensation or 
        hire;
            ``(2) whether a narrative that referred to areas or points 
        of interest on the surface below the route of the flight was 
        provided by the person offering the flight;
            ``(3) the area of operation;
            ``(4) the frequency of flights conducted by the person 
        offering the flight;
            ``(5) the route of flight;
            ``(6) the inclusion of sightseeing flights as part of any 
        travel arrangement package offered by the person offering the 
        flight;
            ``(7) whether the flight would have been canceled based on 
        poor visibility of the surface below the route of the flight; 
        and
            ``(8) any other factors that the Administrator considers 
        appropriate.
    ``(d) Interim Operating Authority.--
            ``(1) In general.--Upon application for operating 
        authority, the Administrator shall grant interim operating 
        authority under this subsection to a commercial air tour 
        operator for commercial air tour operations over a national 
        park (including 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 
                        this section; or
                            ``(ii) the average number of flights per 
                        12-month period used by the operator to provide 
                        such tours within the 36-month 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 commercial air tour operations conducted during any 
                time period by the commercial air tour operator above 
                the number that the air tour operator was originally 
                granted unless such an 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 
                the park or the tribal lands;
                    ``(F) shall promote protection of national park 
                resources, visitor experiences, and tribal lands;
                    ``(G) shall promote safe operations of the 
                commercial air tour;
                    ``(H) shall promote the adoption of quiet 
                technology, as appropriate; and
                    ``(I) shall allow for modifications of the 
                operation based on experience if the modification 
                improves protection of national park resources and 
                values and of tribal lands.
    ``(e) Exemptions.--
            ``(1) In general.--Except as provided by paragraph (2), 
        this section shall not apply to--
                    ``(A) the Grand Canyon National Park;
                    ``(B) tribal lands within or abutting the Grand 
                Canyon National Park; or
                    ``(C) any unit of the National Park System located 
                in Alaska or any other land or water located in Alaska.
            ``(2) Exception.--This section shall apply to the Grand 
        Canyon National Park if section 3 of Public Law 100-91 (16 
        U.S.C. 1a-1 note; 101 Stat. 674-678) is no longer in effect.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial air tour operator.--The term `commercial 
        air tour operator' means any person who conducts a commercial 
        air tour operation.
            ``(2) Existing commercial air tour operator.--The term 
        `existing commercial air tour operator' means a commercial air 
        tour operator that was actively engaged in the business of 
        providing commercial air tour operations over a national park 
        at any time during the 12-month period ending on the date of 
        enactment of this section.
            ``(3) New entrant commercial air tour operator.--The term 
        `new entrant commercial air tour operator' means a commercial 
        air tour operator that--
                    ``(A) applies for operating authority as a 
                commercial air tour operator for a national park; and
                    ``(B) has not engaged in the business of providing 
                commercial air tour operations over the national park 
                (including tribal lands) in the 12-month period 
                preceding the application.
            ``(4) Commercial air tour operation.--The term `commercial 
        air tour operation' means any flight, conducted for 
        compensation or hire in a powered aircraft where a purpose of 
        the flight is sightseeing over a national park, within \1/2\ 
        mile outside the boundary of any national park, or over tribal 
        lands, during which the aircraft flies--
                    ``(A) below a minimum altitude, determined by the 
                Administrator in cooperation with the Director, above 
                ground level (except solely for purposes of takeoff or 
                landing, or necessary for safe operation of an aircraft 
                as determined under the rules and regulations of the 
                Federal Aviation Administration requiring the pilot-in-
                command to take action to ensure the safe operation of 
                the aircraft); or
                    ``(B) less than 1 mile laterally from any 
                geographic feature within the park (unless more than 
                \1/2\ mile outside the boundary).
            ``(5) National park.--The term `national park' means any 
        unit of the National Park System.
            ``(6) Tribal lands.--The term `tribal lands' means Indian 
        country (as that term is defined in section 1151 of title 18, 
        United States Code) that is within or abutting a national park.
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(8) Director.--The term `Director' means the Director of 
        the National Park Service.''.
    (b) Clerical Amendment.--The table of sections for chapter 401 of 
title 49, United States Code, is amended by adding at the end the 
following:

``40125. Overflights of national parks.''.

SEC. 804. ADVISORY GROUP.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator and the Director shall jointly 
establish an advisory group to provide continuing advice and counsel 
with respect to commercial air tour operations over and near national 
parks.
    (b) Membership.--
            (1) In general.--The advisory group shall be composed of--
                    (A) a balanced group of --
                            (i) representatives of general aviation;
                            (ii) representatives of commercial air tour 
                        operators;
                            (iii) representatives of environmental 
                        concerns; and
                            (iv) representatives of Indian tribes;
                    (B) a representative of the Federal Aviation 
                Administration; and
                    (C) a representative of the National Park Service.
            (2) Ex officio members.--The Administrator (or the designee 
        of the Administrator) and the Director (or the designee of 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 and the amendments 
        made by this title;
            (2) on commonly accepted quiet aircraft technology for use 
        in commercial air tour operations over national parks 
        (including tribal lands), which will receive preferential 
        treatment in a given air tour management plan;
            (3) on other measures that might be taken to accommodate 
        the interests of visitors to national parks; and
            (4) at request of the Administrator and the Director, 
        safety, environmental, and other issues related to commercial 
        air tour operations over a national park (including tribal 
        lands).
    (d) Compensation; Support; FACA.--
            (1) Compensation and travel.--Members of the advisory group 
        who are not officers or employees of the United States, while 
        attending conferences or meetings of the group or otherwise 
        engaged in its business, or while serving away from their homes 
        or regular places of business, may be allowed travel 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.

SEC. 805. REPORTS.

    (a) Overflight Fee Report.--Not later than 180 days after the date 
of enactment of this Act, the Administrator shall transmit to Congress 
a report on the effects overflight fees are likely to have on the 
commercial air tour operation industry. The report shall include, but 
shall not be limited to--
            (1) the viability of a tax credit for the commercial air 
        tour operators equal to the amount of any overflight fees 
        charged by the National Park Service; and
            (2) the financial effects proposed offsets are likely to 
        have on Federal Aviation Administration budgets and 
        appropriations.
    (b) Quiet Aircraft Technology Report.--Not later than 2 years after 
the date of enactment of this Act, the Administrator and the Director 
shall jointly transmit a report to Congress on the effectiveness of 
this title in providing incentives for the development and use of quiet 
aircraft technology.

SEC. 806. EXEMPTIONS.

    This title shall not apply to--
            (1) any unit of the National Park System located in Alaska; 
        or
            (2) any other land or water located in Alaska.

SEC. 807. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Director.--The term ``Director'' means the Director of 
        the National Park Service.

                      TITLE IX--TRUTH IN BUDGETING

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Truth in Budgeting Act''.

SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST FUND.

    Notwithstanding any other provision of law, the receipts and 
disbursements of the Airport and Airway Trust Fund established by 
section 9502 of the Internal Revenue Code of 1986--
            (1) shall not be counted as new budget authority, outlays, 
        receipts, or deficit or surplus for purposes of--
                    (A) the budget of the United States Government as 
                submitted by the President,
                    (B) the congressional budget (including allocations 
                of budget authority and outlays provided therein), or
                    (C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985; and
            (2) shall be exempt from any general budget limitation 
        imposed by statute on expenditures and net lending (budget 
        outlays) of the United States Government.

SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY 
              TRUST FUND.

    (a) In General.--Chapter 471 of title 49, United States Code, is 
amended by inserting after section 47134 the following new section:
``Sec. 47135. Safeguards against deficit spending
    ``(a) Estimates of Unfunded Aviation Authorizations and Net 
Aviation Receipts.--Not later than March 31 of each year, the 
Secretary, in consultation with the Secretary of the Treasury, shall 
estimate--
            ``(1) the amount which would (but for this section) be the 
        unfunded aviation authorizations at the close of the first 
        fiscal year that begins after that March 31, and
            ``(2) the net aviation receipts at the close of such fiscal 
        year.
    ``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the 
Secretary determines for any fiscal year that the amount described in 
subsection (a)(1) exceeds the amount described in subsection (a)(2), 
the Secretary shall determine the amount of such excess.
    ``(c) Adjustment of Authorizations if Unfunded Authorizations 
Exceed Receipts.--
            ``(1) Determination of percentage.--If the Secretary 
        determines that there is an excess referred to in subsection 
        (b) for a fiscal year, the Secretary shall determine the 
        percentage which--
                    ``(A) such excess, is of
                    ``(B) the total of the amounts authorized to be 
                appropriated from the Airport and Airway Trust Fund for 
                the next fiscal year.
            ``(2) Adjustment of authorizations.--If the Secretary 
        determines a percentage under paragraph (1), each amount 
        authorized to be appropriated from the Airport and Airway Trust 
        Fund for the next fiscal year shall be reduced by such 
        percentage.
    ``(d) Availability of Amounts Previously Withheld.--
            ``(1) Adjustment of authorizations.--If, after a reduction 
        has been made under subsection (c)(2), the Secretary determines 
        that the amount described in subsection (a)(1) does not exceed 
        the amount described in subsection (a)(2) or that the excess 
        referred to in subsection (b) is less than the amount 
        previously determined, each amount authorized to be 
        appropriated that was reduced under subsection (c)(2) shall be 
        increased, by an equal percentage, to the extent the Secretary 
        determines that it may be so increased without causing the 
        amount described in subsection (a)(1) to exceed the amount 
        described in subsection (a)(2) (but not by more than the amount 
        of the reduction).
            ``(2) Apportionment.--The Secretary shall apportion amounts 
        made available for apportionment by paragraph (1).
            ``(3) Period of availability.--Any funds apportioned under 
        paragraph (2) shall remain available for the period for which 
        they would be available if such apportionment took effect with 
        the fiscal year in which they are apportioned under paragraph 
        (2).
    ``(e) Reports.--Any estimate under subsection (a) and any 
determination under subsection (b), (c), or (d) shall be reported by 
the Secretary to Congress.
    ``(f) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) Net aviation receipts.--The term `net aviation 
        receipts' means, with respect to any period, the excess of--
                    ``(A) the receipts (including interest) of the 
                Airport and Airway Trust Fund during such period, over
                    ``(B) the amounts to be transferred during such 
                period from the Airport and Airway Trust Fund under 
                section 9502(d) of the Internal Revenue Code of 1986 
                (other than paragraph (1) thereof).
            ``(2) Unfunded aviation authorizations.--The term `unfunded 
        aviation authorization' means, at any time, the excess (if any) 
        of--
                    ``(A) the total amount authorized to be 
                appropriated from the Airport and Airway Trust Fund 
                which has not been appropriated, over
                    ``(B) the amount available in the Airport and 
                Airway Trust Fund at such time to make such 
                appropriation (after all other unliquidated obligations 
                at such time which are payable from the Airport and 
                Airway Trust Fund have been liquidated).''.
    (b) Conforming Amendment.--The analysis for chapter 471 of title 
49, United States Code, is amended by inserting after the item relating 
to section 47134 the following:

``47135. Safeguards against deficit spending.''.

SEC. 904. APPLICABILITY.

    This title (including the amendments made by this Act) shall apply 
to fiscal years beginning after September 30, 1999.

                  TITLE X--AVIATION SPENDING GUARANTEE

SEC. 1001. DISCRETIONARY SPENDING CATEGORIES.

    (a) Establishment of Separate Categories.--Section 251(c) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 is amended as 
follows:
            (1) FY 2000.--In paragraph (4), strike ``and'' at the end 
        of subparagraph (C), insert ``and'' at the end of subparagraph 
        (D), and after subparagraph (D) add the following new 
        subparagraph:
                    ``(E) for the traditional aviation general fund 
                share category: $4,580,000,000 in budget authority and 
                outlays flowing therefrom;''.
            (2) FY 2001.--In paragraph (5), strike ``and'' at the end 
        of subparagraph (B), insert ``and'' at the end of subparagraph 
        (C), and after subparagraph (C) add the following new 
        subparagraph:
                    ``(D) for the traditional aviation general fund 
                share category: $4,914,000,000 in budget authority and 
                outlays flowing therefrom;''.
            (3) FY 2002.--In paragraph (6), strike ``and'' at the end 
        of subparagraph (B), insert ``and'' at the end of subparagraph 
        (C), and after subparagraph (C) add the following new 
        subparagraph:
                    ``(D) for the traditional aviation general fund 
                share category: $5,375,000,000 in budget authority and 
                outlays flowing therefrom;''.
            (4) FY 2003.--In paragraph (7), strike ``and'' at the end 
        of subparagraph (A), insert ``and'' at the end of subparagraph 
        (B), and after subparagraph (B) add the following new 
        subparagraph:
                    ``(C) for the traditional aviation general fund 
                share category: $5,772,000,000 in budget authority and 
                outlays flowing therefrom;''.
            (5) FY 2004.--After paragraph (7), add the following new 
        paragraph:
            ``(8) with respect to fiscal year 2004, for the traditional 
        aviation general fund share category: $6,102,000,000 in budget 
        authority and outlays flowing therefrom;''.
            (6) Adjustment of traditional aviation general fund share 
        category.--Section 251(b) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 is amended by adding at the end the 
        following new paragraph:
            ``(3) Adjustment of traditional aviation general fund share 
        category.--The traditional aviation general fund share category 
        shall be adjusted each year to equal 30 percent of the FAA 
        guaranteed spending level for budget resources set forth in 
        section 48302 of title 49, United States Code.''.
    (b) Offsetting Adjustment in Discretionary Spending Limits.--
            (1) Adjustment of discretionary category for fiscal year 
        2000.--The discretionary spending limits set forth in section 
        251(c)(4)(A) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985, as adjusted in conformance with section 
        251(b) of that Act, is reduced by $1,455,000,000 in new budget 
        authority and $1,484,000,000 in outlays.
            (2) Adjustment of discretionary category for fiscal year 
        2001.--The discretionary spending limits set forth in section 
        251(c)(5)(A) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985, as adjusted in conformance with section 
        251(b) of that Act, is reduced by $1,455,000,000 in new budget 
        authority and $1,460,000,000 in outlays.
            (3) Adjustment of discretionary category for fiscal year 
        2002.--The discretionary spending limits set forth in section 
        251(c)(6)(A) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985, as adjusted in conformance with section 
        251(b) of that Act, is reduced by $1,455,000,000 in new budget 
        authority and $1,455,000,000 in outlays.
    (c) Definition of Traditional Aviation General Fund Share 
Category.--Section 250(c)(4) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended by adding at the end the 
following new subparagraph:
            ``(E) The term `traditional aviation general fund share 
        category' refers to the general funds portion of the Federal 
        Aviation Administration operation account (69-1301-0-1-402), 
        consisting of an amount equal to 30 percent of the FAA 
        guaranteed spending levels for budget resources set forth in 
        section 48302 of title 49, United States Code, as adjusted.''.
    (d) Enforcement of Guarantee.--Rule XXI of the Rules of the House 
of Representatives is amended by adding at the end the following new 
clause:
    ``6. It shall not be in order to consider a bill, joint resolution, 
amendment, or conference report that would cause total budget authority 
and obligation limitations for the Federal Aviation Administration to 
be below the FAA guaranteed spending level for budget resources set 
forth in section 48302 of title 49, United States Code, as adjusted, 
for any fiscal year.''.

SEC. 1002. BUDGET ESTIMATES.

    Upon the enactment of this Act, the Director of the Office of 
Management and Budget shall not make any estimates under section 252(d) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 of 
changes in direct spending outlays and receipts for any fiscal year 
resulting from this title.

SEC. 1003. GUARANTEED EXPENDITURE OF AVIATION REVENUE.

    (a) In General.--Part C of subtitle VII is amended by adding at the 
end the following:

                 ``CHAPTER 483--GUARANTEED EXPENDITURES

``Sec.
``48301. Definitions.
``48302. Guaranteed expenditure of aviation revenues.
``48303. Revenue aligned budget authority.
``48304. Enforcement of FAA guaranteed spending levels.
``48305. Estimated aviation income.
``Sec. 48301. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Base year.--The term `base year' means the second 
        fiscal year before the fiscal year for which the calculation is 
        being made.
            ``(2) Budget resources.--The term `budget resources' means 
        an amount equal to the sum of discretionary budget authority 
        and obligation limitations.
            ``(3) AIP program.--The term `AIP program' means the 
        programs for which amounts are made available under section 
        48103.
            ``(4) Aviation income.--The term `aviation income' means 
        the tax receipts credited to the Airport and Airway Trust Fund 
        established under section 9502 of the Internal Revenue Code of 
        1986 and any interest attributable to the Fund.
``Sec. 48302. Guaranteed expenditure of aviation revenues
    ``(a) In General.--For the purposes of this chapter and rule XXI of 
the Rules of the House of Representatives, the FAA guaranteed spending 
level for budget resources is the level specified for the fiscal year 
in subsection (b), as adjusted by subsection (c).
    ``(b) FAA Guaranteed Spending Levels for Budget Resources.--The FAA 
guaranteed spending levels for budget resources are as follows:
            ``(1) $15,267,000,000 for fiscal year 2000.
            ``(2) $16,379,000,000 for fiscal year 2001.
            ``(3) $17,917,000,000 for fiscal year 2002.
            ``(4) $19,241,000,000 for fiscal year 2003.
            ``(5) $20,339,000,000 for fiscal year 2004.
    ``(c) Adjustment to Align Aviation Spending With Revenues.--When 
the President submits a budget for fiscal year 2002, and each fiscal 
year thereafter, under section 1105 of title 31, United States Code, 
the Director of the Office of Management and Budget shall calculate and 
the budget shall include adjustments in the FAA guaranteed spending 
level for budget resources for such fiscal year as follows:
            ``(1) If the actual level of aviation income for the base 
        year is greater than the estimated aviation income level 
        specified in section 48305 for the base year, increase the FAA 
        guaranteed spending limit for budget resources for such fiscal 
        year by the amount of the excess.
            ``(2) If the actual level of aviation income for the base 
        year is less than the estimated aviation income level specified 
        in section 48305 for the base year, decrease the FAA guaranteed 
        spending limit for budget resources for such fiscal year by the 
        amount of the reduction.
``Sec. 48303. Revenue aligned budget authority
    ``(a) Determination of Amount.--On the effective date of an annual 
appropriations Act providing budget resources for the Federal Aviation 
Administration, the Secretary shall allocate to the AIP program an 
amount of contract authority equal to any excess determined pursuant to 
section 48302(c)(1).
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated from the Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 such sums as may be 
necessary to carry out this section for fiscal year 2002 and each 
fiscal year thereafter.
``Sec. 48304. Enforcement of FAA guaranteed spending levels
    ``(a) Determination of Amount.--On the effective date of an annual 
appropriations Act providing budget resources for a fiscal year 
beginning after September 30, 1999, for the Federal Aviation 
Administration, the Secretary shall allocate to the AIP program--
            ``(1) any additional amount of contract authority for the 
        fiscal year necessary to ensure that the total amount of 
        contract authority available for the AIP program is equal to 
        the sum of the obligation limitations provided for such program 
        in the appropriations Act; and
            ``(2) any additional amount of contract authority for the 
        fiscal year necessary to ensure that the sum of--
                    ``(A) the total amount of contract authority 
                available for the AIP program; and
                    ``(B) the budget resources provided for the 
                programs for which amounts are made available under 
                sections 106(k), 48101(a), 48102, and 48112,
        equals the FAA guaranteed spending levels for budget resources 
        for that fiscal year.
    ``(b) Incurring Obligations.--The Secretary may incur obligations 
to make grants from amounts allocated under subsection (a) as soon as 
the amounts are so allocated.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated from the Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 such sums as may be 
necessary to carry out this section for fiscal year 2000 and each 
fiscal year thereafter.
``Sec. 48305. Estimated aviation income
    ``For purposes of section 48302(c), the estimated aviation income 
levels are as follows:
            ``(1) $10,097,000,000 for fiscal year 2000.
            ``(2) $10,666,000,000 for fiscal year 2001.
            ``(3) $11,442,000,000 for fiscal year 2002.
            ``(4) $12,043,000,000 for fiscal year 2003.
            ``(5) $12,657,000,000 for fiscal year 2004.''.
    (b) Conforming Amendment.--The table of chapters for subtitle VII 
of such title is amended by inserting after the item relating to 
chapter 482 the following:

``483. GUARANTEED EXPENDITURES..............................   48301''.
                                 <all>