[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1000 Reported in House (RH)]
Union Calendar No. 102
106th CONGRESS
1st Session
H. R. 1000
[Report No. 106-167, Parts I and II]
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes.
_______________________________________________________________________
June 11, 1999
Committees on the Budget and Rules discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
Union Calendar No. 102
106th CONGRESS
1st Session
H. R. 1000
[Report No. 106-167, Parts I and II]
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
May 28, 1999
Reported from the Committee on Transportation and Infrastructure with
an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 28, 1999
Referral to the Committees on the Budget and Rules extended until June
11, 1999
June 11, 1999
Additional sponsors: Mr. Terry, Mr. Dickey, Mr. Traficant, Mr. Holden,
Mr. LaTourette, Mr. Klink, Mr. Costello, Mrs. Tauscher, Mr. Moran of
Kansas, Mr. Blumenauer, Mr. Cooksey, Mr. Rahall, Mr. Bass, Ms. Brown of
Florida, Mr. Doolittle, Mr. Boswell, Mr. Tauzin, Mr. Lampson, Mr.
Bereuter, Ms. Millender-McDonald, Mr. Kuykendall, Ms. Norton, Mr.
Isakson, Mr. Ehlers, Mr. Sherwood, Mr. Taylor of Mississippi, Mr. Gary
Miller of California, Mr. Cummings, Mr. Boehlert, Ms. Danner, Mr.
DeMint, Mr. DeFazio, Mrs. Kelly, Mr. LaHood, Mr. Bachus, Mr. Pascrell,
Mr. Quinn, Mr. Evans, Mr. Hastings of Florida, Ms. Berkley, Mrs. Cubin,
Mr. Hill of Montana, Mr. Peterson of Minnesota, Mr. Ortiz, Mr. Pombo,
Mr. Souder, Mr. English, Mr. Shows, Mr. Pickett, Mr. Clay, and Ms. Lee
June 11, 1999
Committees on the Budget and Rules discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
[For text of introduced bill, see copy of bill as introduced on March
4, 1999]
_______________________________________________________________________
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. Applicability.
Sec. 4. Administrator defined.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Passenger facility fees.
Sec. 106. Budget submission.
Subtitle B--Airport Development
Sec. 121. Runway incursion prevention devices; emergency call boxes.
Sec. 122. Windshear detection equipment.
Sec. 123. Enhanced vision technologies.
Sec. 124. Pavement maintenance.
Sec. 125. Competition plans.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Aviation security program.
Sec. 134. Inherently low-emission airport vehicle pilot program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.
Subtitle C--Miscellaneous
Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. General facilities authority.
Sec. 154. Denial of airport access to certain air carriers.
Sec. 155. Construction of runways.
Sec. 156. Use of recycled materials.
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.
Sec. 205. Determination of distance from hub airport.
Subtitle B--Regional Air Service Incentive Program
Sec. 211. Establishment of regional air service incentive program.
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.
Sec. 509. Report on air transportation oversight system.
Sec. 510. Airplane emergency locators.
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. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. Multiyear procurement contracts.
Sec. 705. Federal Aviation Administration personnel management system.
Sec. 706. Nondiscrimination in airline travel.
Sec. 707. Joint venture agreement.
Sec. 708. Extension of war risk insurance program.
Sec. 709. General facilities and personnel authority.
Sec. 710. Implementation of article 83 bis of the Chicago Convention.
Sec. 711. Public availability of airmen records.
Sec. 712. Appeals of emergency revocations of certificates.
Sec. 713. Government and industry consortia.
Sec. 714. Passenger manifest.
Sec. 715. Cost recovery for foreign aviation services.
Sec. 716. Technical corrections to civil penalty provisions.
Sec. 717. Waiver under Airport Noise and Capacity Act.
Sec. 718. Metropolitan Washington Airport Authority.
Sec. 719. Acquisition management system.
Sec. 720. Centennial of Flight Commission.
Sec. 721. Aircraft situational display data.
Sec. 722. Elimination of backlog of equal employment opportunity
complaints.
Sec. 723. Newport News, Virginia.
Sec. 724. Grant of easement, Los Angeles, California.
Sec. 725. Regulation of Alaska guide pilots.
Sec. 726. Aircraft repair and maintenance advisory panel.
Sec. 727. Operations of air taxi industry.
Sec. 728. Sense of Congress concerning completion of comprehensive
national airspace redesign.
Sec. 729. Compliance with requirements.
Sec. 730. Aircraft noise levels at airports.
Sec. 731. FAA consideration of certain State proposals.
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.
Sec. 903. Safeguards against deficit spending out of Airport and Airway
Trust Fund.
Sec. 904. Applicability.
TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
Sec. 1001. Adjustment of trust fund authorizations.
Sec. 1002. Budget estimates.
Sec. 1003. Sense of Congress on fully offsetting increased aviation
spending.
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. APPLICABILITY.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years beginning
after September 30, 1999.
SEC. 4. ADMINISTRATOR DEFINED.
In this Act, the term ``Administrator'' means the Administrator of
the Federal Aviation Administration.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is amended by
striking ``shall be'' the last place it appears 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;
``(2) $2,475,000,000 for fiscal year 2000;
``(3) $4,000,000,000 for fiscal year 2001;
``(4) $4,100,000,000 for fiscal year 2002;
``(5) $4,250,000,000 for fiscal year 2003; and
``(6) $4,350,000,000 for fiscal year 2004.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``After'' and all that follows through ``1999,'' and inserting
``After September 30, 2004,''.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) General Authorization and Appropriations.--Effective September
30, 1999, section 48101(a) is amended by striking paragraphs (1), (2),
and (3) and inserting the following:
``(1) Such sums as may be necessary for fiscal year 2000.
``(2) $2,500,000,000 for fiscal year 2001.
``(3) $3,000,000,000 for each of fiscal years 2002 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 2001, $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.--Effective
September 30, 1999, 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--
``(A) such sums as may be necessary for fiscal year
2000;
``(B) $6,450,000,000 for fiscal year 2001;
``(C) $6,886,000,000 for fiscal year 2002;
``(D) $7,357,000,000 for fiscal year 2003; and
``(E) $7,860,000,000 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 2001 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--
(1) by striking subsection (b) and redesignating subsection
(c) as subsection (b);
(2) in subsection (b) (as so redesignated)--
(A) by striking the subsection heading and
inserting ``General Rule: Limitation on Trust Fund
Amounts.--''; and
(B) in the matter preceding paragraph (1)--
(i) by striking ``The amount'' and
inserting ``Except as provided in subsection
(c), the amount''; and
(ii) by striking ``for each of fiscal years
1994 through 1998'' and inserting ``for fiscal
year 2000 and each fiscal year thereafter'';
and
(3) by adding at the end the following:
``(c) Special Rule for Fiscal Years 2000-2004.--
``(1) In general.--If the amount appropriated under section
106(k) for any of fiscal years 2000 through 2004 less the
amount that would be appropriated, but for this subsection,
from the Trust Fund for the purposes of paragraphs (1) and (2)
of subsection (a) for such fiscal year is greater than the
general fund cap, the amount appropriated from the Trust Fund
for the purposes of paragraphs (1) and (2) of subsection (a)
for such fiscal year shall equal the amount appropriated under
section 106(k) for such fiscal year less the general fund cap.
``(2) General fund cap defined.--In this subsection, the
term `general fund cap' means that portion of the amounts
appropriated for programs of the Federal Aviation
Administration for fiscal year 1998 that was derived from the
general fund of the Treasury.
(c) Limitation on Obligating or Expending Amounts.--Section 48108
is amended by striking subsection (c).
SEC. 104. 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.--
(1) Amounts to be apportioned.--Effective October 1, 2000,
section 47114(c)(1) is amended--
(A) in subparagraph (A) by striking clauses (i)
through (v) and inserting the following:
``(i) $23.40 for each of the first 50,000 passenger
boardings at the airport during the prior calendar year;
``(ii) $15.60 for each of the next 50,000 passenger
boardings at the airport during the prior calendar year;
``(iii) $7.80 for each of the next 400,000 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.''; and
(B) in subparagraph (B) by striking ``$500,000 nor
more than $22,000,000'' and inserting ``$1,500,000''.
(2) Special rules.--Section 47114(c)(1) is amended by
adding at the end the following:
``(C) Notwithstanding subparagraph (A), the Secretary shall
apportion to an airport sponsor in a fiscal year an amount equal to the
amount apportioned to that sponsor in the previous fiscal year if the
Secretary finds that--
``(i) passenger boardings at the airport were less than
10,000 in the calendar year used to calculate the
apportionment;
``(ii) the airport had at least 10,000 passenger boardings
in the calendar year prior to the calendar year used to
calculate the apportionment; and
``(iii) the cause of the decrease in passenger boardings
was a temporary but significant 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.
``(D) Notwithstanding subparagraph (A), the Secretary shall
apportion on the first day of the first fiscal year following the
official opening of a new airport with scheduled passenger air
transportation an amount equal to the minimum amount set forth in
subparagraph (B) to the sponsor of such airport.''.
(c) Cargo Only Airports.--Section 47114(c)(2)(A) is amended by
striking ``2.5 percent'' and inserting ``3 percent''.
(d) Entitlement for General Aviation Airports.--Effective October
1, 2000, section 47114(d) is amended--
(1) in the subsection heading by striking ``to States'' and
inserting ``for General Aviation Airports'';
(2) in paragraph (1) by striking ``(1) In this'' and
inserting ``(1) Definitions.--In this'';
(3) by indenting paragraph (1) and aligning paragraph (1)
(and its subparagraphs) with paragraph (2) (as amended by
paragraph (2) of this subsection); and
(4) by striking paragraph (2) and inserting the following:
``(2) Apportionments.--The Secretary shall apportion 20
percent of the amount subject to apportionment for each fiscal
year as follows:
``(A) To each airport, excluding primary airports
but including reliever and nonprimary commercial
service airports, in States the lesser of--
``(i) $200,000; or
``(ii) \1/5\ of the most recently published
estimate of the 5-year costs for airport
improvement for the airport, as listed in the
national plan of integrated airport systems
developed by the Federal Aviation
Administration under section 47103.
``(B) Any remaining amount to States as follows:
``(i) 0.62 percent of the remaining amount
to Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the Virgin
Islands.
``(ii) Except as provided in paragraph (3),
49.69 percent of the remaining amount for
airports, excluding primary airports but
including reliever and nonprimary commercial
service airports, in States not named in clause
(i) in the proportion that the population of
each of those States bears to the total
population of all of those States.
``(iii) Except as provided in paragraph
(3), 49.69 percent of the remaining amount for
airports, excluding primary airports but
including reliever and nonprimary commercial
service airports, in States not named in clause
(i) in the proportion that the area of each of
those States bears to the total area of all of
those States.''.
(e) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
``(3) Special rule.--An amount apportioned under paragraph
(2) to Alaska, Puerto Rico, or Hawaii for airports in such
State 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 amended by adding at the end the following:
``(4) Integrated airport system planning.--Notwithstanding
paragraph (2), funds made available under this subsection may
be used for integrated 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:
``(5) Flexibility in pavement construction standards.--The
Secretary may permit the use of State highway specifications
for airfield pavement construction using funds made available
under this subsection at nonprimary airports serving aircraft
that do not exceed 60,000 pounds gross weight if the Secretary
determines that--
``(A) safety will not be negatively affected; and
``(B) the life of the pavement will not be shorter
than it would be if constructed using Federal Aviation
Administration standards.''.
(h) Grants for Airport Noise Compatibility Planning.--Section
47117(e)(1) is amended--
(1) in subparagraph (A) by striking ``31 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.--Effective October 1,
2000, 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 paragraph (1)
(and its subparagraphs) 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.
SEC. 105. PASSENGER FACILITY FEES.
(a) Authority To Impose Higher Fee.--Section 40117(b) is amended by
adding at the end the following:
``(4) Notwithstanding paragraph (1), the Secretary may authorize
under this section an eligible agency to 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 improving air safety and security, increasing competition
among air carriers, reducing current or anticipated congestion,
or reducing the impact of aviation noise on people living near
the airport;
``(B) that the project cannot be paid for from funds
reasonably expected to be available for the programs referred
to in section 48103; 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. 106. BUDGET SUBMISSION.
The Administrator shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
copy of the annual budget 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.
Subtitle B--Airport Development
SEC. 121. 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) Inclusion of Universal Access Systems and Emergency Call Boxes
as Airport Development.--Section 47102(3)(B) is amended--
(1) in clause (ii)--
(A) by striking ``and universal access systems,''
and inserting ``, universal access systems, and
emergency call boxes,''; and
(B) by inserting ``and integrated in-pavement
lighting systems for runways and taxiways and other
runway and taxiway incursion prevention devices''
before the semicolon at the end; and
(2) by inserting before the semicolon at the end of clause
(iii) the following: ``, including closed circuit weather
surveillance equipment''.
SEC. 122. WINDSHEAR DETECTION EQUIPMENT.
Section 47102(3)(B) is further amended--
(1) by striking ``and'' at the end of clause (v);
(2) by striking the period at the end of clause (vi) and
inserting a semicolon; and
(3) by adding at the end the following:
``(vii) windshear detection equipment;
and''.
SEC. 123. ENHANCED VISION TECHNOLOGIES.
(a) Study.--The Administrator shall conduct a study of the
feasibility of requiring United States airports to 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 is amended--
(1) in paragraph (3)(B) (as amended by this Act) by adding
at the end the following:
``(viii) enhanced vision technologies that
are certified by the Administrator of the
Federal Aviation Administration and that are
intended to replace or enhance 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. 124. PAVEMENT MAINTENANCE.
(a) Repeal of Pilot Program.--
(1) In general.--Section 47132 is repealed.
(2) Conforming amendment.--The analysis for chapter 471 is
amended by striking the item relating to section 47132.
(b) Eligibility as Airport Development.--Section 47102(3) is
amended by adding at the end the following:
``(H) routine work to preserve and extend the
useful life of runways, taxiways, and aprons at
airports that are not primary airports, under
guidelines issued by the Administrator.''.
SEC. 125. COMPETITION PLANS.
(a) In General.--Section 47106 is amended by 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 (as compiled by the Department of
Transportation) compared to other large airports.
``(3) Covered airport defined.--In this subsection, the
term `covered airport' means a commercial service airport--
``(A) that has more than .25 percent of the total
number of passenger boardings each year at all such
airports; and
``(B) at which 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. 126. MATCHING SHARE.
Section 47109(a) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the 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 2001 for any project--
``(A) at an airport other than a primary airport;
or
``(B) at a primary airport having less than .05
percent of the total number of passenger boardings each
year at all commercial service airports.''.
SEC. 127. LETTERS OF INTENT.
Section 47110(e) is amended--
(1) by striking paragraph (2)(C) and inserting the
following:
``(C) that meets the criteria of section 47115(d) and, if
for a project at a commercial service airport having at least
0.25 percent of the boardings each year at all such airports,
the Secretary decides will enhance system-wide airport capacity
significantly.''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Letters of intent.--The Secretary may not 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. 128. 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.''.
(c) Technical Amendments.--Section 47116(d) is amended--
(1) by striking ``In making'' and inserting the following:
``(1) Construction of new runways.--In making'';
(2) by adding at the end the following:
``(2) Airport development for turbine powered aircraft.--In
making grants to sponsors described in subsection (b)(1), the
Secretary shall give priority consideration to airport
development projects to support operations by turbine powered
aircraft, if the non-Federal share of the project is at least
40 percent.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.
Section 47117(f) (as redesignated by section 104(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 during such fiscal year the amount
not so required to make grants for any purpose for which grants
may be made under section 48103. The finding may be based on
the 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.
``(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.''.
SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) In General.--Section 47118 is amended--
(1) in subsection (a) by striking ``12'' and inserting ``12
for fiscal year 2000 and 20 for each fiscal year thereafter'';
(2) by striking subsection (c) and redesignating
subsections (d) through (f) as subsections (c) through (e),
respectively;
(3) in subsection (c) (as so redesignated)--
(A) by striking ``47117(e)(1)(E)'' and 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(d) (as
redesignated by subsection (a)(2) of this section) is amended by
striking ``$5,000,000'' and inserting ``$7,000,000''.
(c) Eligibility of Air Cargo Terminals.--Section 47118(e) (as
redesignated by subsection (a)(2) of this section) is amended--
(1) in subsection heading by striking ``and Hangars'' and
inserting ``Hangars, and Air Cargo Terminals'';
(2) by striking ``$4,000,000'' and inserting
``$7,000,000''; and
(3) by inserting after ``hangars'' the following: ``and air
cargo terminals of an area that is 50,000 square feet or
less''.
SEC. 131. CONTRACT TOWER COST-SHARING.
Section 47124(b) is amended by adding at the end the following:
``(3) Contract air traffic control tower pilot program.--
``(A) In general.--The Secretary shall 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 or local government having
jurisdiction over the airport shall pay the portion of
the costs that exceed such benefit.
``(E) Funding.--Of the amounts appropriated
pursuant to section 106(k), not to exceed $6,000,000
per fiscal year may be used to carry out this
paragraph.''.
SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) In General.--Subchapter I of chapter 471 is amended by adding
at the end the following:
``Sec. 47135. Innovative financing techniques
``(a) In General.--The Secretary of Transportation may approve
applications for not more than 25 airport development projects for
which grants received under this subchapter may be used for innovative
financing techniques. Such projects shall be located at airports that
each year have less than .25 percent of the total number of passenger
boardings each year at all commercial service airports.
``(b) Purpose.--The purpose of grants made under this section shall
be to provide information on the benefits and difficulties of using
innovative financing techniques for airport development projects.
``(c) Limitations.--
``(1) No guarantees.--In no case shall the implementation
of an innovative financing technique under this section be used
in a manner giving rise to a direct or indirect guarantee of
any airport debt instrument by the United States 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 I of chapter
471 is amended by adding at the end the following:
``47135. Innovative financing techniques.''.
SEC. 133. AVIATION SECURITY PROGRAM.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding the following new section:
``Sec. 47136. Aviation security program
``(a) General Authority.--To improve security at public airports in
the United States, the Secretary of Transportation shall carry out not
less than one project to test and evaluate innovative aviation security
systems and related technology.
``(b) Priority.--In carrying out this section, the Secretary shall
give the highest priority to a request from an eligible sponsor for a
grant to undertake a project that--
``(1) evaluates and tests the benefits of innovative
aviation security systems or related technology, including
explosives detection systems, for the purpose of improving
aviation security, including aircraft physical security, access
control, and passenger and baggage screening; and
``(2) provides testing and evaluation of airport security
systems and technology in an operational, test bed environment.
``(c) Matching Share.--Notwithstanding section 47109, the United
States Government's share of allowable project costs for a project
under this section shall be 100 percent.
``(d) Terms and Conditions.--The Secretary may 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 I of chapter
471 is further amended by adding at the end the following:
``47136. Aviation security program.''.
SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47137. Inherently low-emission airport vehicle pilot program
``(a) In General.--The Secretary of Transportation shall carry out
a pilot program at not more than 10 public-use airports under which the
sponsors of such airports may use funds made available under section
48103 for use at such airports to carry out inherently low-emission
vehicle activities. Notwithstanding any other provision of this
subchapter, inherently low-emission vehicle activities shall for
purposes of the pilot program be treated as eligible for assistance
under this subchapter.
``(b) Location in Air Quality Nonattainment Areas.--A public-use
airport shall be eligible for participation in the pilot program only
if the airport is located in an air quality nonattainment area (as
defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(d)).
``(c) Selection Criteria.--In selecting from among applicants for
participation in the pilot program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of
funds expended under the pilot program.
``(d) United States Government's Share.--Notwithstanding any other
provision of this subchapter, the United States Government's share of
the costs of a project carried out under the pilot program shall be 50
percent.
``(e) Maximum Amount.--Not more than $2,000,000 may be expended
under the pilot program at any single public-use airport.
``(f) Report to Congress.--Not later than 18 months after the date
of enactment of this section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing an evaluation of the
effectiveness of the pilot program.
``(g) Inherently Low-Emission Vehicle Activity Defined.--In this
section, the term `inherently low-emission vehicle activity' means--
``(1) the construction of infrastructure facilities
necessary for the use of vehicles that are certified as
inherently low-emission vehicles under title 40 of the Code of
Federal Regulations, that are labeled in accordance with
section 88.312-93(c) of such title, and that are located or
primarily used at public-use airports;
``(2) the payment of that portion of the cost of acquiring
such vehicles that exceeds the cost of acquiring other vehicles
that would be used for the same purpose; or
``(3) the acquisition of technological equipment necessary
for the use of vehicles described in paragraph (1).''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47137. Inherently low-emission airport vehicle pilot program.''.
SEC. 135. TECHNICAL AMENDMENTS.
(a) Continuation of Project Funding.--Section 47108 is amended by
adding at the end the following:
``(e) Change in Airport Status.--In the event that the status of a
primary airport changes to a nonprimary airport at a time when a
terminal development project under a multiyear agreement under
subsection (a) is not yet completed, the project shall remain eligible
for funding from discretionary funds under section 47115 at the funding
level and under the terms provided by the agreement, subject to the
availability of funds.''.
(b) Passenger Facility Fee Waiver for Certain Class of Carriers or
for Service to Airports in 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. 136. CONVEYANCES OF AIRPORT 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.''.
(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.''.
Subtitle C--Miscellaneous
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS.
Section 40117(a)(3)(E) is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by striking the period at the end and inserting the
following: ``(including structural foundations and floor
systems, exterior building walls and load-bearing interior
columns or walls, windows, door and roof systems, and building
utilities (including heating, air conditioning, ventilation,
plumbing, and electrical service)), and aircraft fueling
facilities adjacent to the gate.''.
SEC. 152. TERMINAL DEVELOPMENT COSTS.
(a) With Respect to Passenger Facility Charges.--Section
40117(a)(3) is further amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) for costs of terminal development referred to
in subparagraph (B) incurred after August 1, 1986, at
an airport that did not have more than .25 percent of
the total annual passenger boardings in the United
States in the most recent calendar year for which data
is available and at which total passenger boardings
declined by at least 16 percent between calendar year
1989 and calendar year 1997;''.
(b) Repaying Borrowed Money.--Section 47119(a) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``0.05'' and inserting ``0.25'';
and
(B) by striking ``between January 1, 1992, and
October 31, 1992,'' and inserting ``between August 1,
1986, and September 30, 1990, or between June 1, 1991,
and October 31, 1992,''; and
(2) in paragraph (1)(B) by striking ``an airport
development project outside the terminal area at that airport''
and inserting ``any needed airport development project
affecting safety, security, or capacity''.
(c) Nonhub Airports.--Section 47119(c) is amended by striking
``0.05'' and inserting ``0.25''.
(d) Nonprimary Commercial Service Airports.--Section 47119 is
amended by adding at the end the following:
``(d) Determination of Passenger Boarding at Commercial Service
Airport.--For the purpose of determining whether an amount may be
distributed for a fiscal year from the discretionary fund in accordance
with subsection (b)(2)(A) to a commercial service airport, the
Secretary shall make the determination of whether or not a public
airport is a commercial service airport on the basis of the number of
passenger boardings and type of air service at the public airport in
the calendar year that includes the first day of such fiscal year or
the preceding calendar year, whichever is more beneficial to the
airport.''.
SEC. 153. 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. 154. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.
Section 44706 is amended by adding at the end the following:
``(g) Included Charter Air Transportation.--For the purposes of
subsection (a)(2), a scheduled passenger operation includes charter air
transportation for which the general public is provided in advance a
schedule containing the departure location, departure time, and arrival
location of the flights.
``(h) Authority To Preclude Scheduled 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. 155. CONSTRUCTION OF RUNWAYS.
Notwithstanding any provision of law that specifically restricts
the number of runways at a single international airport, the Secretary
of Transportation may obligate funds made available under chapters 471
and 481 of title 49, United States Code, for any project to construct a
new runway at such airport, unless this section is expressly repealed.
SEC. 156. 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) Funding.--Of the amounts appropriated pursuant to section
106(k), not to exceed $1,500,000 in the aggregate may be used to carry
out this section.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Service to Airports Not Receiving Sufficient Service
SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.
(a) Repeal of Slot Rule for Certain 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 is amended by striking subsections (e) and (f) and
inserting the following:
``(e) Slots for Airports Not Receiving Sufficient Service.--
``(1) Exemptions.--Notwithstanding chapter 491, the
Secretary may by order grant exemptions from the requirements
under subparts K and S of part 93 of title 14, Code of Federal
Regulations (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 an airport that does not have nonstop
transportation to Ronald Reagan Washington National Airport
using such aircraft on the date on which the application for an
exemption is filed.
``(2) Limitations.--
``(A) Maximum number of exemptions.--No more than 2
exemptions per hour and no more than 6 exemptions per
day may be granted under this subsection for slots at
Ronald Reagan Washington National Airport.
``(B) Maximum distance of flights.--An exemption
may be granted under this subsection for a slot at
Ronald Reagan Washington 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 shall remain in effect only while the air
carrier for whom the exemption is granted continues to provide
the nonstop air transportation for which the exemption is
granted.
``(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.''.
(c) Conforming Amendments.--Effective March 1, 2000, section 41714
(as amended by subsection (b) of this section) is amended--
(1) by striking subsections (a), (b), (c), (g), and (i);
(2) by redesignating subsections (d), (e), (f), and (h) as
subsections (a), (b), (c), and (d), respectively;
(3) in the heading for subsection (a) (as so redesignated)
by striking ``Special Rules for''; and
(4) by striking subsection (c) (as so redesignated) and
inserting the following:
``(c) Slot Defined.--The term `slot' means a reservation for an
instrument flight rule takeoff or landing by an air carrier or an
aircraft in air transportation.''.
SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING
SUFFICIENT SERVICE.
(a) In General.--Section 41742(a) is amended by striking
``$50,000,000'' and inserting ``$60,000,000''.
(b) Funding for Small Community Air Service.--Section 41742(b) of
title 49, United States Code, is amended to read as follows:
``(b) Funding for Small Community Air 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 $50,000,000 for each fiscal
year beginning after September 30, 1999, shall be used
to carry out the small community air service program
under this subchapter; and
``(B) not to exceed $10,000,000 for such 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;
``(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; and
``(iii) for assisting an underserved
airport to implement such other measures as the
Secretary of Transportation, in consultation
with such airport, considers appropriate to
improve air service both in terms of the cost
of such service to consumers and the
availability of such service, including
improving air service through marketing and
promotion of air service and enhanced
utilization of airport facilities.
``(2) Rural air safety.--Any funds that are made available
by paragraph (1) for a fiscal year and that the Secretary
determines will not be 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 $60,000,000
is made available under subsection (a) to carry out the small
community air service program, \1/2\ of the amounts in excess
of $60,000,000 shall be used for the purposes specified in
paragraph (1)(B), in addition to amounts made available for
such purposes under paragraph (1)(B).
``(4) Use of unobligated amounts.--Any funds made available
under paragraph (1)(A) for the small community air service
program for a fiscal year that the Secretary determines will
not be obligated or expended before the last day of such fiscal
year shall be available for use by the Secretary for the
purposes described in paragraph (1)(B).
``(5) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), of the amounts
appropriated pursuant to section 106(k) for a fiscal year
beginning after September 30, 2000, not to exceed $15,000,000
may be used--
``(A) to provide assistance to an air carrier to
subsidize service to and from an underserved airport
for a period not to exceed 3 years;
``(B) to provide assistance to an underserved
airport to obtain jet aircraft service (and to promote
passenger use of that service) to and from the
underserved airport; and
``(C) to provide assistance to an underserved
airport to implement such other measures as the
Secretary, in consultation with such airport, considers
appropriate to improve air service both in terms of the
cost of such service to consumers and the availability
of such service, including improving air service
through marketing and promotion of air service and
enhanced utilization of airport facilities.
``(6) Priority criteria for assisting airports not
receiving sufficient service.--In providing assistance to
airports under paragraphs (1)(B) and (5), the Administrator
shall give priority to those airports for which a community
will provide, from local sources (other than airport revenues),
a portion of the cost of the activity to be assisted.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Underserved airport.--The term `underserved
airport' means a nonhub airport or small hub airport
(as such terms are defined in section 41731) that--
``(i) the Secretary determines is not
receiving sufficient air carrier service; or
``(ii) has unreasonably high airfares.
``(B) Unreasonably high airfare.--The term
`unreasonably high airfare', as used with respect to an
airport, means that the airfare listed in the table
entitled `Top 1,000 City-Pair Market Summarized by
City', contained in the Domestic Airline Fares Consumer
Report of the Department of Transportation, for one or
more markets for which the airport is a part of has an
average yield listed in such table that is more than 19
cents.''.
(c) Conforming Amendments.--Chapter 417 is amended--
(1) in the heading for section 41742 by striking
``Essential'' and inserting ``Small community'';
(2) in each of subsections (a), (b), and (c) of section
41742 by striking ``essential air'' each place it appears and
inserting ``small community air''; and
(3) in the analysis for such chapter by striking the item
relating to section 41742 and inserting the following:
``41742. Small community air service authorization.''.
SEC. 203. WAIVER OF LOCAL CONTRIBUTION.
Section 41736(b) is amended by adding at the end the following:
``Paragraph (4) shall not apply to any place for which a proposal was
approved or that was designated as eligible under this section in the
period beginning on October 1, 1991, and ending on December 31,
1997.''.
SEC. 204. POLICY FOR AIR SERVICE TO RURAL AREAS.
Section 40101(a) is amended by adding at the end the following:
``(16) ensuring that consumers in all regions of the United
States, including those in small communities and rural and
remote areas, have access to affordable, regularly scheduled
air service.''.
SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.
The Secretary of Transportation shall not deny assistance with
respect to a place under subchapter II of chapter 417 of title 49,
United States Code, solely on the basis that the place is located
within 70 highway miles of a hub airport (as defined by section 41731
of such title) if the most commonly used highway route between the
place and the hub airport exceeds 70 miles.
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 United
States Government of a Federal credit instrument, calculated on
a net present value basis, excluding administrative costs and
any incidental effects on government receipts or outlays in
accordance with provisions of the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq).
``(4) Commuter air carrier.--The term `commuter air
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 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 this section--
``(i) that extends to more than 50 percent
of the purchase price (including the value of
any manufacturer credits, post-purchase
options, or other discounts) of the aircraft,
including spare parts, to be purchased; or
``(ii) that, when added to the remaining
balance on any other Federal credit instruments
made under this subchapter, provides more than
$100,000,000 of outstanding credit to any
single obligor.
``(C) Final payment date.--The final payment on the
secured loan shall not be due later than 18 years after
the date of execution of the loan agreement.
``(D) Subordination.--The secured loan may be
subordinate to claims of other holders of obligations
in the event of bankruptcy, insolvency, or liquidation
of the obligor as determined appropriate by the
Secretary.
``(E) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the United States Government of making a secured
loan under this section. The proceeds of such fees
shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be
available upon deposit until expended.
``(2) Repayment.--
``(A) Schedule.--The Secretary shall establish a
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 and interest on a secured loan under this
section shall commence no later than 3 years after the
date of execution of the loan agreement.
``(3) Prepayment.--
``(A) Use of excess revenue.--After satisfying
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) that extends to more than the unpaid interest
and 50 percent of the unpaid principal on any loan;
``(B) that, for any loan or combination of loans,
extends to more than 50 percent of the purchase price
(including the value of any manufacturer credits, post-
purchase options, or other discounts) of the aircraft,
including spare parts, to be purchased with the loan or
loan combination;
``(C) on any loan with respect to which terms
permit repayment more than 15 years after the date of
execution of the loan; or
``(D) that, when added to the remaining balance on
any other Federal credit instruments made under this
subchapter, provides more than $100,000,000 of
outstanding credit to any single obligor.
``(3) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the United
States Government of making a loan guarantee under this
section. The proceeds of such fees shall be deposited in an
account to be used by the Secretary for the purpose of
administering the program established under this subchapter and
shall be available upon deposit until expended.
``(d) Lines of Credit.--
``(1) In general.--Subject to the requirements of this
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 under this
subsection with respect to an aircraft purchase shall
be on such terms and conditions and contain such
covenants, representatives, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(B) Maximum amount.--
``(i) Total amount.--The amount of any line
of credit shall not exceed 50 percent of the
purchase price (including the value of any
manufacturer credits, post-purchase options, or
other discounts) of the aircraft, including
spare parts.
``(ii) 1-year draws.--The amount drawn in
any year shall not exceed 20 percent of the
total amount of the line of credit.
``(C) Draws.--Any draw on the line of credit shall
represent a direct loan.
``(D) Period of availability.--The line of credit
shall be available not more than 5 years after the
aircraft purchase date.
``(E) Rights of third-party creditors.--
``(i) Against united states government.--A
third-party creditor of the obligor shall not
have any right against the United States
Government with respect to any draw on the line
of credit.
``(ii) Assignment.--An obligor may assign
the line of credit to 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 a
level sufficient to cover all of a portion of the costs
to the United States Government of providing a line of
credit under this subsection. The proceeds of such fees
shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be
available upon deposit until expended.
``(3) Repayment.--
``(A) Schedule.--The Secretary shall establish a
repayment schedule for each direct loan under this
subsection.
``(B) Commencement.--Scheduled loan repayments of
principal or interest on a direct loan under this
subsection shall commence no later than 3 years after
the date of the first draw on the line of credit and
shall be repaid, with interest, not later than 18 years
after the date of the first draw.
``(e) Risk Assessment.--Before entering into an agreement under
this section to make available a Federal credit instrument, the
Secretary, in consultation with the Director of the Office of
Management and Budget, shall determine an appropriate capital reserve
subsidy amount for the Federal credit instrument based on such credit
evaluations as the Secretary deems necessary.
``(f) Conditions.--Subject to subsection (h), the Secretary may
only make a Federal credit instrument available under this section if
the Secretary finds that--
``(1) the aircraft to be purchased with the Federal credit
instrument is a regional jet aircraft needed to improve the
service and efficiency of operation of a commuter air carrier
or new entrant air carrier;
``(2) the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the
carrier to use the aircraft to provide service to underserved
markets; and
``(3) the prospective earning power of the commuter air
carrier or new entrant air carrier, together with the character
and value of the security pledged, including the collateral
value of the aircraft being acquired and any other assets or
pledges used to secure the Federal credit instrument, furnish--
``(A) reasonable assurances of the air carrier's
ability and intention to repay the Federal credit
instrument within the terms established by the
Secretary--
``(i) to continue its operations as an air
carrier; and
``(ii) to the extent that the Secretary
determines to be necessary, to continue its
operations as an air carrier between the same
route or routes being 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 for any single obligor.
``(h) Requirement.--Subject to subsection (i), no Federal credit
instrument may be made under this section for the purchase of any
regional jet aircraft that does not comply with the stage 3 noise
levels of part 36 of title 14 of the Code of Federal Regulations, as in
effect on January 1, 1999.
``(i) Other Limitations.--No Federal credit instrument shall be
made by the Secretary under this section for the purchase of a regional
jet aircraft unless the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the carrier to
provide scheduled passenger air transportation to the underserved
market for which the aircraft is purchased for a period of not less
than 36 consecutive months after the date that 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 United States Government--
``(1) with the consent of the appropriate Federal
officials; and
``(2) on a reimbursable basis.
``(b) Assistance.--The head of each appropriate department or
agency of the United States Government shall exercise the duties and
powers of that head in such manner as to assist in carrying out the
policy specified in section 41761.
``(c) Oversight.--The Secretary shall make available to the
Comptroller General of the United States such information with respect
to any Federal credit instrument made under this subchapter as the
Comptroller General may require to carry out the duties of the
Comptroller General under chapter 7 of title 31.
``Sec. 41765. 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, in addition to the proceeds of any
fees collected under this subchapter, to cover administrative expenses
of the Federal credit instrument program under this subchapter.
``Sec. 41766. Funding.
``Of the amounts appropriated under section 106(k) for each of
fiscal years 2001 through 2004, such sums as may be necessary may be
used to carry out this subchapter, including administrative expenses.
``Sec. 41767. Termination
``(a) Authority To Issue Federal Credit Instruments.--The authority
of the Secretary of Transportation to issue Federal credit instruments
under section 41763 shall terminate on the date that is 5 years after
the date of the enactment of this subchapter.
``(b) Continuation of Authority To Administer Program for Existing
Federal Credit Instruments.--On and after the termination date, the
Secretary shall continue to administer the program established under
this subchapter for Federal credit instruments issued under this
subchapter before the termination date until all obligations associated
with such instruments have been satisfied.''.
(b) Conforming Amendment.--The analysis for chapter 417 is amended
by adding at the end the following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Federal credit instruments.
``41764. Use of Federal facilities and assistance.
``41765. Administrative expenses.
``41766. Funding.
``41767. Termination.''.
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 ensure
adequate aircraft separation; and
``(D) trained personnel with specific technical
capabilities to satisfy the operational, engineering,
management, and planning requirements for air traffic
control.''.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.
(a) Establishment.--
(1) 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
appointed by the President, by and with the advice and
consent of the Senate, from among individuals who are
the leaders of their respective unions of air traffic
control system employees.
``(2) Qualifications and terms.--
``(A) Qualifications.--Members of the Oversight
Board described in paragraph (1)(A) shall--
``(i) have a fiduciary responsibility to
represent the public interest;
``(ii) be citizens of the United States;
and
``(iii) be appointed without regard to
political affiliation and solely on the basis
of their professional experience and 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 members of the Oversight Board appointed
under paragraph (1)(A) should have knowledge of, or a
background in, aviation. At least one of such members
should have a background in managing large
organizations successfully. In the aggregate, such
members should collectively bring to bear expertise in
all of the areas described in subclauses (I) through
(VI) of clause (iii).
``(B) Prohibitions.--No member of the Oversight
Board described in paragraph (1)(A) may--
``(i) have a pecuniary interest in, or own
stock in or bonds of, an aviation or
aeronautical enterprise;
``(ii) engage in another business related
to aviation or aeronautics; or
``(iii) be a member of any organization
that engages, as a substantial part of its
activities, in activities to influence
aviation-related legislation.
``(C) Terms for air traffic control
representatives.--A member appointed under paragraph
(1)(D) shall be appointed for a term of 3 years, except
that the term of such individual shall end whenever the
individual no longer meets the requirements of
paragraph (1)(D).
``(D) Terms for nonfederal officers or employees.--
A member appointed under paragraph (1)(A) shall be
appointed for a term of 5 years, except that of the
members first 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.
``(E) Reappointment.--An individual may not be
appointed under paragraph (1)(A) to more than two 5-
year terms on the Oversight Board.
``(F) Vacancy.--Any vacancy on the 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, 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.--At the time the President nominates
an individual for appointment as a member of the
Oversight Board under paragraph (1)(D), the President
may waive for the term of the member any appropriate
provision of chapter 11 of title 18, to the extent such
waiver is 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.--A member of the Oversight Board
appointed under subparagraph (A) or (D) of paragraph
(1) shall have no personal liability under Federal law
with respect to any claim arising out of or resulting
from an act or omission by such member within the scope
of service as a member of the Oversight Board.
``(B) Effect on other law.--This paragraph shall
not be construed--
``(i) to affect any other immunity or
protection that may be available to a member of
the Oversight Board 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.--The Oversight Board shall oversee the
Federal Aviation Administration in its administration,
management, conduct, direction, and supervision of the air
traffic control system.
``(2) Confidentiality.--The Oversight Board shall ensure
that appropriate confidentiality is 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 acquisition projects,
including the ability of the managers to meet schedule
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
(5)(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 Oversight 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) appointed under subsection (b)(1)(A);
or
``(ii) appointed under 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.--Notwithstanding 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, 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 United States 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.
``(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) 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.''.
(2) Conforming amendment.--The analysis for chapter 1 is
amended by adding at the end the following:
``113. Air Traffic Control Oversight Board.''.
(b) Effective Dates.--
(1) In general.--The amendments made by this section shall
take effect on the date of enactment of this Act.
(2) Initial nominations to air traffic 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 to the Council, the Secretary of
Transportation.''.
(b) Terms of Members.--Section 106(p)(6)(A)(i) is amended by
striking ``by the President''.
SEC. 305. ENVIRONMENTAL STREAMLINING.
(a) Coordinated Environmental Review 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 471 of title 49, United States Code, a State,
by operation of State law, may require that all State agencies that
have jurisdiction by State or Federal law over environmental-related
issues that may be affected by the project, or that are required to
issue any environmental-related reviews, analyses, opinions, or
determinations on issuing any permits, licenses, or 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 other recipient of assistance under chapter 471 of
title 49, United States Code, to provide funds made available
from the Airport and Airway Trust Fund to the State or
recipient for an aviation project subject to the coordinated
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) Funding.--Of the amounts appropriated pursuant to section
106(k) of title 49, United States Code, for fiscal year 2000, not to
exceed $1,500,000 may be used to carry out this section.
TITLE IV--FAMILY ASSISTANCE
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.
(a) Prohibition on Unsolicited Communications.--
(1) In general.--Section 1136(g)(2) is amended--
(A) by striking ``transportation,'' and inserting
``transportation and in the event of an accident
involving a foreign air carrier that occurs within the
United States,'';
(B) by inserting after ``attorney'' the following:
``(including any associate, agent, employee, or other
representative of an attorney)''; and
(C) by striking ``30th day'' and inserting ``45th
day''.
(2) Enforcement.--Section 1151 is amended by inserting
``1136(g)(2),'' before ``or 1155(a)'' each place it appears.
(b) Prohibition on Actions To Prevent Mental Health and Counseling
Services.--Section 1136(g) is amended by adding at the end the
following:
``(3) Prohibition on actions to prevent mental health and
counseling services.--No 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) Consultation on carrier response not covered by plan.--
Section 41113(b) is further amended by adding at the end the
following:
``(16) An assurance that the air carrier, in the event that
the air carrier volunteers assistance to United States citizens
within the United States 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.''.
(4) Submission of updated plans.--The amendments made by
paragraphs (1), (2), and (3) shall take effect on the 180th day
following the date of enactment of this Act. On or before such
180th day, each air carrier holding a certificate of public
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), (2), and (3).
(5) Conforming amendments.--Section 41113 is amended--
(A) in subsection (a) by striking ``Not later than
6 months after the date of the enactment of this
section, each air carrier'' and inserting ``Each air
carrier''; and
(B) in subsection (c) by striking ``After the date
that is 6 months after the date of the enactment of
this section, the Secretary'' and inserting ``The
Secretary''.
(b) Limitation on Liability.--Section 41113(d) is amended by
inserting ``, or in providing information concerning a 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) Training of employees and agents.--An assurance that
the foreign air carrier will provide adequate training to the
employees and agents of the carrier to meet the needs of
survivors and family members following an accident.
``(16) Consultation on carrier response not covered by
plan.--An assurance that the foreign air carrier, in the 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.''.
(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).
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, 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'' the
first place it appears 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 of the Federal Aviation
Administration shall conduct a rulemaking proceeding to require the
safe disposition of life-limited parts removed from an aircraft. The
rulemaking proceeding shall ensure that the disposition deter
installation on an aircraft of a life-limited part that has reached or
exceeded its life limits.
``(b) Safe Disposition.--For the purposes of this section, safe
disposition includes any of the following methods:
``(1) The part may be segregated under circumstances that
preclude its installation on an aircraft.
``(2) The part may be permanently marked to indicate its
used life status.
``(3) The part may be destroyed in any manner calculated to
prevent reinstallation in an aircraft.
``(4) The part may be marked, if practicable, to include
the recordation of hours, cycles, or other airworthiness
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 44725, 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.''.
SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.
Not later than March 1, 2000, and annually thereafter for the next
5 years, the Administrator shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the progress of the Federal Aviation Administration in
implementing the air transportation oversight system. At a minimum, the
report shall indicate--
(1) any funding or staffing constraints that would
adversely impact the Administration's ability to fully develop
and implement such system;
(2) progress in integrating the aviation safety data
derived from such system's inspections with existing aviation
data of the Administration in the safety performance analysis
system of the Administration; and
(3) the Administration's efforts in collaboration with the
aviation industry to develop and validate safety performance
measures and appropriate risk weightings for the air
transportation oversight system.
SEC. 510. AIRPLANE EMERGENCY LOCATORS.
(a) Requirement.--Section 44712(b) is amended to read as follows:
``(b) Nonapplication.--Subsection (a) does not apply to--
``(1) aircraft when used in scheduled flights by scheduled
air carriers holding certificates issued by the Secretary of
Transportation under subpart II of this part;
``(2) aircraft when used in training operations conducted
entirely within a 50-mile radius of the airport from which the
training operations begin;
``(3) aircraft when used in flight operations related to
the design and testing, manufacture, preparation, and delivery
of aircraft;
``(4) aircraft when used in research and development if the
aircraft holds a certificate from the Administrator of the
Federal Aviation Administration to carry out such research and
development;
``(5) aircraft when used in showing compliance with
regulations crew training, exhibition, air racing, or market
surveys;
``(6) aircraft when used in the aerial application of a
substance for an agricultural purpose;
``(7) aircraft with a maximum payload capacity of more than
7,500 pounds when used in air transportation; or
``(8) aircraft capable of carrying only one individual.''.
(b) Compliance.--Section 44712 is amended by redesignating
subsection (c) as subsection (d) and by inserting after subsection (b)
the following:
``(c) Compliance.--An aircraft meets the requirement of subsection
(a) if it is equipped with an emergency locator transmitter that
transmits on the 121.5/243 megahertz frequency or the 406 megahertz
frequency, or with other equipment approved by the Secretary for
meeting the requirement of subsection (a).''.
(c) Effective Date; Regulations.--
(1) Regulations.--The Secretary of Transportation shall
issue regulations under section 44712(b) of title 49, United
States Code, as amended by this section not later than January 1, 2002.
(2) Effective date.--The amendments made by this section
shall take effect on January 1, 2002.
TITLE VI--WHISTLEBLOWER PROTECTION
SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.
(a) General Rule.--Chapter 421 is amended by adding at the end the
following:
``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 any knowledge of the employer) or cause to be
provided to the employer or Federal Government information
relating to any violation or alleged violation of any order,
regulation, or standard of the Federal Aviation Administration
or any other provision of Federal law relating to air carrier
safety under this subtitle or any other law of the United
States;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of
any order, 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 any person in violation of subsection (a) may, not
later than 90 days after the date on which such violation
occurs, file (or have any person file on his or her behalf) a
complaint with the Secretary of Labor alleging such discharge
or discrimination. Upon receipt of such a complaint, the
Secretary of Labor shall notify, in writing, the person named
in the complaint and the Administrator of the Federal Aviation
Administration of the filing of the complaint, of the
allegations contained in the 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, in writing,
the complainant and the person alleged to have
committed a violation of subsection (a) of the
Secretary's findings. If the Secretary of Labor
concludes that there is a reasonable cause to believe
that a violation of subsection (a) has occurred, the
Secretary shall accompany the 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) and restore
the 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 final order
of the Secretary of Labor. Review shall conform to
chapter 7 of title 5. The commencement of proceedings
under this subparagraph shall not, unless ordered by
the court, operate as a stay of the order.
``(B) Limitation on collateral attack.--An order of
the Secretary of Labor with respect to which review
could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or
other civil proceeding.
``(5) Enforcement of order by secretary of labor.--Whenever
any person has failed to comply with an order issued under
paragraph (3), the Secretary of Labor may file a civil action
in the United States district court for the district in which
the violation was found to occur to enforce such order. In
actions brought under this paragraph, the district courts shall
have jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order was issued under paragraph (3) may
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.
``(d) Nonapplicability to Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of an air carrier,
contractor, or subcontractor who, acting without direction from such
air carrier, contractor, or subcontractor (or such person's agent),
deliberately causes a violation of any requirement relating to air
carrier safety under this subtitle or any other law of the United
States.
``(e) Contractor Defined.--In this section, the term `contractor'
means a company that performs safety-sensitive functions by contract
for an air carrier.''.
(b) Conforming Amendment.--The analysis for chapter 421 is amended
by adding at the end the following:
``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. PUBLIC AIRCRAFT.
(a) Restatement of Definition of Public Aircraft Without
Substantive Change.--Section 40102(a)(38) (as redesignated by section
301 of this Act) is amended to read as follows:
``(38) `public aircraft' means an aircraft--
``(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, under the conditions specified by section
40125(c).''.
(b) Qualifications for Public Aircraft Status.--
(1) In 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 subparagraph (A) or (B) of section 40102(a)(38), if owned by the
Government, qualifies as a public aircraft except when it is used for
commercial 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 subparagraph (C) or (D) of section 40102(a)(38) qualifies
as a public aircraft except when it is used for commercial purposes or
to carry an 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. 703. 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.
``(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. 704. 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. 705. 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 Federal Aviation Administration who is the subject of a major
adverse personnel action may contest the action either through any
contractual grievance procedure that is applicable to the employee as a
member of the collective bargaining unit or through the
Administration's internal process relating to review of major adverse
personnel actions of the Administration, known as Guaranteed Fair
Treatment or under section 347(c) of the Department of Transportation
and Related 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. 706. 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.--Section 46301(a)(3) is further amended by
adding at the end the following:
``(D) a violation of section 41705, relating to
discrimination against handicapped individuals.''.
(e) International Aviation Standards for 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. 707. JOINT VENTURE AGREEMENT.
Section 41716(a)(1) is amended by striking ``an agreement entered
into by a major air carrier'' and inserting ``an agreement entered into
between 2 or more major air carriers''.
SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.
Section 44310 is amended by striking ``after'' and all that follows
and inserting ``after December 31, 2004.''.
SEC. 709. 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 no or nominal
consideration for an air navigation facility, regardless of
whether the cost of making the improvements exceeds the cost of
leasing the real property, if--
``(A) the improvements primarily benefit the
Government;
``(B) the improvements are essential for
accomplishment of the mission of the Federal Aviation
Administration; and
``(C) the interest of the Government in the
improvements is protected.''.
SEC. 710. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.
Section 44701 is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the 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. 711. 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 information
contained in the records of contents of any airman certificate
issued under this section that is limited to an airman's name,
address, date of birth, and ratings held shall be made
available to the public after the 120th day following the date
of enactment of the Aviation Investment and Reform Act for the
21st Century.
``(2) Opportunity to withhold information.--Before making
any information concerning an airman available to the public
under paragraph (1), the airman shall be given an opportunity
to elect that the information not be made 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
information concerning an airman available to the public under
paragraph (1) and to carry out paragraph (2).''.
SEC. 712. 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. 713. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end the following:
``(f) Government and Industry Consortia.--The Administrator may
establish at individual airports such consortia of government and
aviation industry 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. 714. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking ``shall'' and inserting
``should''.
SEC. 715. COST RECOVERY FOR FOREIGN AVIATION SERVICES.
Section 45301 is amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) Services (other than air traffic control services)
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 pertaining to aeronautical products manufactured
outside the United States.''; and
(2) by adding at the end the following:
``(d) Production-Certification Related Service Defined.--In this
section, the term `production-certification related service' has the
meaning given that term in appendix C of part 187 of title 14, Code of
Federal Regulations.''.
SEC. 716. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.
Section 46301 is amended--
(1) in subsection (a)(1)(A) by striking ``46302, 46303,
or'';
(2) in subsection (d)(7)(A) by striking ``an individual''
the first place it appears and inserting ``a person''; and
(3) in subsection (g) by inserting ``or the Administrator''
after ``Secretary''.
SEC. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.
(a) Waivers for Aircraft Not Complying With Stage 3 Noise Levels.--
Section 47528(b)(1) is amended in the first sentence by inserting ``or
foreign air carrier'' after ``air carrier''.
(b) Exemption for Aircraft Modification or 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.''.
(c) Limited Operation of Certain Aircraft.--Section 47528(e) is
amended by adding at the end the following:
``(4) An air carrier operating stage 2 aircraft under this
subsection may operate stage 2 aircraft to or from the 48 contiguous
States on a nonrevenue basis in order to--
``(A) perform maintenance (including major alterations) or
preventative maintenance on aircraft operated, or to be
operated, within the limitations of paragraph (2)(B); or
``(B) conduct operations within the limitations of
paragraph (2)(B).''.
SEC. 718. METROPOLITAN WASHINGTON AIRPORT AUTHORITY.
(a) Extension of Application Approvals.--Section 49108 is amended
by striking ``2001'' and inserting ``2004''.
(b) Elimination of Deadline for Appointment of Members to Board of
Directors.--Section 49106(c)(6) is amended by striking subparagraph (C)
and by redesignating subparagraph (D) as subparagraph (C).
SEC. 719. ACQUISITION MANAGEMENT SYSTEM.
Section 348 of the Department of Transportation and Related
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460)
is amended by striking subsection (c) and inserting the following:
``(c) Contracts Extending Into a Subsequent Fiscal Year.--
Notwithstanding subsection (b)(3), the 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. 720. 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. 721. AIRCRAFT SITUATIONAL DISPLAY DATA.
(a) In General.--A memorandum of agreement between the
Administrator and any person that directly obtains aircraft situational
display data from the Federal Aviation Administration shall require
that--
(1) the person demonstrate to the satisfaction of the
Administrator that such person is capable of 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 aircraft situational display data to incorporate the
requirements of subsection (a) within 30 days after that date.
SEC. 722. 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) Funding.--Of the amounts appropriated pursuant to section
106(k) of title 49, United States Code, for fiscal year 2000,
$2,000,000 may be used to carry out this section.
SEC. 723. NEWPORT NEWS, VIRGINIA.
(a) Authority To Grant Waivers.--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 Federal Aviation Administration approved 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. 724. 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. 725. 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 shall conduct a
rulemaking proceeding and issue a final rule to modify the
general operating and flight rules referred to in subsection
(a) by establishing special rules applicable to the flight
operations conducted by Alaska guide pilots.
(2) Contents of rules.--A final rule issued by the
Administrator under paragraph (1) shall require Alaska guide
pilots--
(A) to operate aircraft inspected no less often
than after 125 hours of flight time;
(B) to participate in an annual flight review, as
described in section 61.56 of title 14, Code of Federal
Regulations;
(C) to have at least 500 hours of flight time as a
pilot;
(D) to have a commercial rating, as described
subpart F of part 61 of such title;
(E) to hold at least a second-class medical
certificate, as described in subpart C of part 67 of
such title;
(F) to hold a current letter of authorization
issued by the Administrator; and
(G) to take such other actions as the Administrator
determines necessary for safety.
(c) Definitions.--In this section, the following definitions apply:
(1) Letter of authorization.--The term ``letter of
authorization'' means a letter issued by the Administrator once
every 5 years to an Alaska guide pilot certifying that the
pilot is in compliance with general operating and flight rules
applicable to the pilot. In the case of a multi-pilot operation, at the
election of the operating entity, a letter of authorization may be
issued by the Administrator to the entity or to each Alaska guide pilot
employed by the entity.
(2) Alaska guide pilot.--The term ``Alaska guide pilot''
means a pilot who--
(A) conducts aircraft operations over or within the
State of Alaska;
(B) operates single engine, fixed wing aircraft on
floats, wheels, or skis, providing commercial hunting,
fishing, or other guide services and related
accommodations in the form of camps or lodges; and
(C) transports clients by such aircraft incidental
to hunting, fishing, or other guide services, or uses
air transport to enable guided clients to reach hunting
or fishing locations.
SEC. 726. 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.
(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.
SEC. 727. OPERATIONS OF AIR TAXI INDUSTRY.
(a) Study.--The Administrator, in consultation with the National
Transportation Safety Board and other interested persons, shall conduct
a study of air taxi operators regulated under part 135 of title 14,
Code of Federal Regulations.
(b) Contents.--The study shall include an analysis of the size and
type of the aircraft fleet, relevant aircraft equipment, hours flown,
utilization rates, safety record by various categories of use and
aircraft type, sales revenues, and airports served by the air taxi
fleet.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall transmit to Congress a report on the
results of the study.
SEC. 728. SENSE OF CONGRESS CONCERNING COMPLETION OF COMPREHENSIVE
NATIONAL AIRSPACE REDESIGN.
It is the sense of Congress that, as soon as is practicable, the
Administrator should complete and begin implementation of the
comprehensive national airspace redesign that is being conducted by the
Administrator.
SEC. 729. COMPLIANCE WITH REQUIREMENTS.
Notwithstanding any other provision of law, in order to avoid
unnecessary duplication of expense and effort, the Secretary of
Transportation may authorize the use, in whole or in part, of a
completed environmental assessment or environmental impact study for
new construction projects on the air operations area of an airport, if
the completed assessment or study was for a project at the airport that
is substantially similar in nature to the new project. Any such
authorized use shall meet all requirements of Federal law for the
completion of such an assessment or study.
SEC. 730. AIRCRAFT NOISE LEVELS AT AIRPORTS.
(a) Development of New Standards.--The Secretary of Transportation
shall continue to work to develop a new standard for aircraft and
aircraft engines that will lead to a further reduction in aircraft
noise levels.
(b) Report.--Not later than March 1, 2000, and annually thereafter,
the Secretary shall transmit to Congress a report regarding the
application of new standards or technologies to reduce aircraft noise
levels.
SEC. 731. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.
The Administrator is encouraged to consider any proposal with a
regional consensus submitted by a State aviation authority regarding
the expansion of existing airport facilities or the introduction of new
airport facilities.
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 is further amended by adding at the
end the following:
``Sec. 40126. Overflights of national parks
``(a) In General.--
``(1) General requirements.--A commercial air tour operator
may not conduct commercial air tour operations over a national
park (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 (d), 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)
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) Conforming Amendment.--The analysis for chapter 401 is further
amended by adding at the end the following:
``40126. Overflights of national parks.''.
SEC. 804. ADVISORY GROUP.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator and the Director of the
National Park Service shall jointly establish an advisory group to
provide continuing advice and counsel with respect to commercial air
tour operations over and near national parks.
(b) Membership.--
(1) In general.--The advisory group shall be composed of--
(A) a balanced group of--
(i) representatives of general aviation;
(ii) representatives of commercial air tour
operators;
(iii) representatives of environmental
concerns; and
(iv) representatives of Indian tribes;
(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.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47138. Safeguards against deficit spending
``(a) Estimates of Unfunded Aviation Authorizations and Net
Aviation Receipts.--Not later than March 31 of each year, the Secretary
of Transportation, in consultation with the Secretary of the Treasury,
shall estimate--
``(1) the amount which would (but for this 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 to be credited to the
Airport and Airway Trust Fund during the fiscal year.
``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the
Secretary of Transportation 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 subchapter I of chapter
471 is further amended by adding at the end the following:
``47138. Safeguards against deficit spending.''.
SEC. 904. APPLICABILITY.
This title (including the amendments made by this Act) shall apply
to fiscal years beginning after September 30, 2000.
TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS.
(a) In General.--Part C of subtitle VII is amended by adding at the
end the following:
``CHAPTER 483--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
``Sec.
``48301. Definitions.
``48302. Adjustments to align aviation authorizations with revenues.
``48303. Adjustment to AIP program funding.
``48304. Estimated aviation income.
``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) AIP program.--The term `AIP program' means the
programs for which amounts are made available under section
48103.
``(3) Aviation income.--The term `aviation income' means
the tax receipts credited to the Airport and Airway Trust Fund
and any interest attributable to the Fund.
``Sec. 48302. Adjustment to align aviation authorizations with revenues
``(a) Authorization of Appropriations.--Beginning with fiscal year
2003, if the actual level of aviation income for the base year is
greater or less than the estimated aviation income level specified in
section 48304 for the base year, the amounts authorized to be
appropriated (or made available) for the fiscal year under each of
sections 106(k), 48101, 48102, and 48103 are adjusted as follows:
``(1) If the actual level of aviation income for the base
year is greater than the estimated aviation income level
specified in section 48304 for the base year, the amount
authorized to be appropriated (or made available) for such
section is increased by an amount determined by multiplying the
amount of the excess by the ratio for such section set forth in
subsection (b).
``(2) If the actual level of aviation income for the base
year is less than the estimated aviation income level specified
in section 48304 for the base year, the amount authorized to be
appropriated (or made available) for such section is decreased
by an amount determined by multiplying the amount of the
shortfall by the ratio for such section set forth in subsection
(b).
``(b) Ratio.--The ratio referred to in subsection (a) with respect
to section 106(k), 48101, 48102, or 48103, as the case may be, is the
ratio that--
``(1) the amount authorized to be appropriated (or made
available) under such section for the fiscal year; bears to
``(2) the total sum of amounts authorized to be
appropriated (or made available) under all of such sections for
the fiscal year.
``(c) President's Budget.--When the President submits a budget for
a fiscal year under section 1105 of title 31, United States Code, the
Director of the Office of Management and Budget shall calculate and the
budget shall report any increase or decrease in authorization levels
resulting from this section.
``Sec. 48303. Adjustment to AIP program funding
``On the effective date of a general appropriations Act providing
appropriations for a fiscal year beginning after September 30, 2000,
for the Federal Aviation Administration, the amount made available for
a fiscal year under section 48103 shall be increased by the amount, if
any, by which--
``(1) the total sum of amounts authorized to be
appropriated under all of sections 106(k), 48101, and 48102 for
such fiscal year, including adjustments made under section
48302; exceeds
``(2) the amounts appropriated for programs funded under
such sections for such fiscal year.
Any contract authority made available by this section shall be subject
to an obligation limitation.
``Sec. 48304. Estimated aviation income
``For purposes of section 48302, the estimated aviation income
levels are as follows:
``(1) $10,734,000,000 for fiscal year 2001.
``(2) $11,603,000,000 for fiscal year 2002.
``(3) $12,316,000,000 for fiscal year 2003.
``(4) $13,062,000,000 for fiscal year 2004.''.
(b) Conforming Amendment.--The table of chapters for subtitle VII
of such title is amended by inserting after the item relating to
chapter 482 the following:
``483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS.............. 48301''.
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 and title IX, including the amendments made
by such titles.
SEC. 1003. SENSE OF CONGRESS ON FULLY OFFSETTING INCREASED AVIATION
SPENDING.
It is the sense of Congress that--
(1) air passengers and other users of the air
transportation system pay aviation taxes into a trust fund
dedicated solely to improve the safety, security, and
efficiency of the aviation system;
(2) from fiscal year 2001 to fiscal year 2004, air
passengers and other users will pay more than $14.3 billion
more in aviation taxes into the Airport and Airway Trust Fund
than the concurrent resolution on the budget for fiscal year
2000 provides from such Fund for aviation investment under
historical funding patterns;
(3) the Aviation Investment and Reform Act for the 21st
Century provides $14.3 billion of aviation investment above the
levels assumed in that budget resolution for such fiscal years;
and
(4) this increased funding will be fully offset by
recapturing unspent aviation taxes and reducing the $778
billion general tax cut assumed in that budget resolution by
the appropriate amount.