[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 545 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 545

To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 1999, 2000, 2001, 
              2002, 2003, and 2004 and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 1999

 Mr. Hollings by request (for himself and Mr. Rockefeller) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 1999, 2000, 2001, 
              2002, 2003, and 2004 and for other purposes.

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

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Aviation 
Administration Authorization Act of 1999''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
                        TITLE I--AUTHORIZATIONS

Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities.
Sec. 103. Research, engineering and development.
Sec. 104. Airport planning and development and noise compatibility 
                            planning and programs.
Sec. 105. Airport and Airway Trust Fund audits.
                  TITLE II--AMENDMENTS TO AVIATION LAW

Sec. 201. Severable services contracts for periods crossing fiscal 
                            years.
Sec. 202. Airport Noise and Capacity Act Amendments.
Sec. 203. Government and industry consortia.
Sec. 204. Passenger facility fees.
Sec. 205. Implementation of Article 83 bis of the Chicago Convention.
Sec. 206. User funding of the Federal Aviation Administration.
Sec. 207. Cost recovery for foreign aviation services and clarification 
                            of over-flight fee authority.
Sec. 208. Flexibility to perform criminal history record checks; 
                            technical amendments to Pilot Records 
                            Improvement Act of 1996.
Sec. 209. Extension of aviation insurance program.
Sec. 210. Technical correction to civil penalty provision.
Sec. 211. Improvements to air navigation facilities.
Sec. 212. Whistleblower protection for FAA employees; Hatch Act 
                            enforcement; Federal Procurement Integrity 
                            Act; merit system principles.
Sec. 213. Federal Aviation Administration personnel management system.
Sec. 214. Transitional user fee authority.
Sec. 215. Amendment of statute prohibiting the bringing of hazardous 
                            substances aboard an aircraft.
Sec. 216. Airport Security Program.
Sec. 217. Essential Air Service.
Sec. 218. FAA may fine unruly passengers.
Sec. 219. Delegation of authority for cargo inspections.
Sec. 220. Amendment of statute prohibiting piloting an aircraft without 
                            a valid airman's certificate.
           TITLE III--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

Sec. 301. Removal of the cap on discretionary fund.
Sec. 302. Innovative use of airport grant funds.
Sec. 303. Matching share for state block grant program.
Sec. 304. Increase in apportionment for, and flexibility of, noise 
                            compatibility planning and programs.
Sec. 305. Increase in state apportionment.
Sec. 306. Discretionary use of unused apportionments.
Sec. 307. Pavement maintenance.
Sec. 308. Preservation of primary apportionments when air service is 
                            temporarily interrupted.
Sec. 309. Limitation on project eligibility at large and medium 
                            airports.
Sec. 310. Public notice before grant assurance waived.
Sec. 311. Intermodal planning.
Sec. 312. Airport improvements to increase rural access to the air 
                            transportation system.
Sec. 313. Military airports.
Sec. 314. Letters of intent.
Sec. 315. Technical amendments.
          TITLE IV--COMMERCIAL SPACE TRANSPORTATION AMENDMENTS

Sec. 401. Commercial Space Transportation Authorization.
Sec. 402. Repeal of requirement for uniform guidelines for acquisition 
                            of surplus property.
Sec. 403. Extension of payment of excess claims authority for a 
                            commercial space launch and reentry.
    TITLE V--PERFORMANCE BASED ORGANIZATION FOR AIR TRAFFIC SERVICES

Sec. 501. Establishment of Performance Based Organization.
Sec. 502. Relationship of ATS and the Administrator.
Sec. 503. Five-year evaluation.
Sec. 504. Fees for air traffic service.
Sec. 505. Financing a performance based organization for air traffic 
                            services.
Sec. 506. Adjustment of certain aviation excise taxes.
                      TITLE VI--FAMILY ASSISTANCE

Sec. 601. Responsibilities of National Transportation Safety Board.
Sec. 602. Air carrier plans.
Sec. 603. Foreign air carrier plans.
Sec. 604. Applicability of Death on the High Seas Act.
         TITLE VII--PASSENGER SERVICE AVAILABILITY; MAIL RATES

Sec. 701. Non-discrimination in airline travel.
Sec. 702. Airline service restoration pilot program.
Sec. 703. Waiver of local contribution.
Sec. 704. Joint fares and interline agreements.
Sec. 705. Policy for air service to rural areas.
Sec. 706. Clarification of air carrier code-sharing obligations.
Sec. 707. Repeal of mail rate-setting authority.
Sec. 708. Access to High Density Airports.
         TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 801. Transfer of functions, powers, and duties.
Sec. 802. Transfer of office, personnel and funds.
Sec. 803. Amendment to title 49, United States Code.
Sec. 804. Savings provision.
Sec. 805. National ocean survey.
Sec. 806. National Oceanic and Atmospheric Administration: nautical and 
                            aeronautical products, sale and 
                            distribution.
                   TITLE IX--WHISTLEBLOWER PROTECTION

Sec. 901. Protection of employees providing air safety information.
Sec. 902. Civil penalty.
              TITLE X--NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Air tour management plans for national parks.
Sec. 1004. Advisory group.
Sec. 1005. Reports.
Sec. 1006. Exemptions.
Sec. 1007. Definitions.
                TITLE XI--TITLE 49 TECHNICAL CORRECTIONS

Sec. 1101. Restatement of 49 U.S.C. 106(g).
Sec. 1102. Restatement of 49 U.S.C. 46306.
Sec. 1103. Restatement of 49 U.S.C. 44909.
Sec. 1104. Restatement of 49 U.S.C. 46301(a).
Sec. 1105. Restatement of 49 U.S.C. 47122(b).
  TITLE XII--PREVENTION OF FRAUD INVOLVING AIRCRAFT OR SPACE VEHICLE 
                                 PARTS

Sec. 1201. Short title.
Sec. 1202. Prevention of frauds involving aircraft or space vehicle 
                            parts in interstate or foreign commerce.
Sec. 1203. Related amendments to other sections of title 18.
              TITLE XIII--INTERNAL REVENUE CODE AMENDMENTS

Sec. 1301. Amendments to the Airport and Airway Trust Fund.

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

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

SEC. 3. EFFECTIVE DATE.

    Except as otherwise expressly provided, this Act and the amendments 
made by this Act shall be effective on the date of enactment.

                        TITLE I--AUTHORIZATIONS

SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

    Section 106(k) is amended to read as follows:
    ``(k) Authorization of Appropriations for Operations.--
            ``(1) There is authorized to be appropriated to the 
        Secretary of Transportation for operations of the 
        Administration $6,039,000,000 for fiscal year 2000, and such 
        sums as necessary for fiscal years 2001, 2002, 2003 and 2004.
            ``(2) Of the amounts authorized by this subsection, not 
        more than $9,100,000 for the 3-fiscal-year period beginning 
        with fiscal year 2001 shall be used to support a university 
        consortium established to provide an air safety and security 
        management certificate program, working cooperatively with the 
        Federal Aviation Administration and United States air carriers. 
        Funds authorized under this paragraph--
                    ``(A) may not be used for the construction of a 
                building or other facility;
                    ``(B) shall be awarded on the basis of open 
                competition; and
                    ``(C) may not constitute more than a 50-percent 
                share of the total costs of the consortium.''.

SEC. 102. AIR NAVIGATION FACILITIES.

    Section 48101(a) is amended by inserting the following at the end:
            ``(3) $2,319,000,000 for fiscal year 2000.
            ``(4) such sums as necessary for fiscal years 2001, 202, 
        2003 and 2004.''.

SEC. 103. RESEARCH, ENGINEERING AND DEVELOPMENT.

    Section 48102(a) is amended--
            (1) by striking paragraphs (1) through (4) and 
        redesignating paragraph (5) as paragraph (1); and
            (2) by inserting the following:
            ``(2) $173,000,000 for fiscal year 2000.
            ``(3) such sums as necessary for fiscal years 2001, 2002, 
        2003, and 2004.''.

SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY 
              PLANNING AND PROGRAMS.

    (a) Authorization of Appropriations.--Section 48103 is amended--
            (1) by inserting ``newly'' before ``available'';
            (2) by striking ``$1,205,000,000'' and all that follows 
        through the period at the end and inserting the following: 
        ``$2,410,000,000 for fiscal years ending before October 1, 
        1999, $1,600,000,000 for fiscal years ending before October 1, 
        2000, $1,600,000,000 for fiscal years ending before October 1, 
        2001, $1,600,000,000 for fiscal years ending before October 1, 
        2002, $1,600,000,000 for fiscal years ending before October 1, 
        2003, and $1,600,000,000 for fiscal years ending before October 
        1, 2004.''.
    (b) Project Grant Authority.--Section 47104(c) is amended by 
striking ``March 31, 1999'' and inserting ``September 30, 2004''.

SEC. 105. AIRPORT AND AIRWAY TRUST FUND AUDITS.

    (a) Authorization.--Chapter 481 is amended by adding at the end a 
new section as follows:
``Sec. 48112. Airport and Airway Trust Fund audits
    ``For fiscal years beginning after September 30, 2000, there is 
authorized to be appropriated from the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 1986 (26 
U.S.C. 9502), to remain available until expended, to the Secretary of 
Transportation such sums as necessary for the Office of Inspector 
General for the conduct of annual audits of financial statements of the 
Federal Aviation Administration required by 31 U.S.C. 3521.''.
    (b) Conforming Amendment.--The analysis of chapter 481 is amended 
by inserting at the end the following:

``Sec. 48112. Airport and Airway Trust Fund audits.''.

                  TITLE II--AMENDMENTS TO AVIATION LAW

SEC. 201. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING FISCAL 
              YEARS.

    (a) Chapter 401 is amended by adding the following new section:
``Sec. 40125. Severable services contracts for periods crossing fiscal 
              years
    ``(a) General.--The Administrator of the Federal Aviation 
Administration may enter into a contract for procurement of severable 
services for a period that begins in one fiscal year and ends in the 
next fiscal year if (without regard to any option to extend the period 
of the contract) the contract period does not exceed one year.
    ``(b) Obligation of Funds.--Funds made available for a fiscal year 
may be obligated for the total amount of a contract entered into under 
the authority of subsection (a) of this section.''.
    (b) Conforming Amendment.--The analysis of chapter 401 is amended 
by inserting the following at the end:

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

SEC. 202. AIRPORT NOISE AND CAPACITY ACT AMENDMENTS.

    (a) Foreign Carriers Eligible for Waiver.--Section 47528(b)(1) is 
amended in the first sentence by inserting ``or foreign air carrier'' 
after ``air carrier'' and after ``carrier'' the first time each 
appears.
    (b) Exemption for Aircraft Modification or Disposal.--Section 47528 
is amended--
            (1) by inserting ``or (f)'' after ``(b)'' in subsection 
        (a); and
            (2) by inserting a new subsection at the end as follows:
    ``(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 airplane in nonrevenue service to or from an 
airport in the United States in order to:
            ``(1) sell the aircraft outside the United States;
            ``(2) sell the aircraft for scrapping; or
            ``(3) obtain modifications to the aircraft to meet Stage 3 
        noise levels.''.

SEC. 203. GOVERNMENT AND INDUSTRY CONSORTIA.

    Section 44903 is amended by adding the following new subsection at 
the end:
    ``(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 advisor committees.''.

SEC. 204. PASSENGER FACILITY FEES.

    (a) PFC Increase.--Secion 40117 is amended--
            (1) in paragraph (b)(1) by striking ``or $3'' and 
        substituting ``$3, $4, or $5''; and
            (2) by inserting the following at the end:
    ``(j) Fees of More Than $4.--
            ``(1) When submitting an application for a passenger 
        facility fee under this section of more than $4, an eligible 
        agency shall separately submit to the Secretary the written 
        competition plan specified by paragraph (2) if the application 
        is for a primary airport--
                    ``(A) having at least 1 percent of the total number 
                of passenger boardings each year at all commercial 
                service airports, and
                    ``(B) at which more than 50 percent of the total 
                number of passenger boardings each year is by a single 
                air carrier and its regional affiliates.
            ``(2) As specified by paragraph (1), an eligible agency 
        shall submit a written competition plan for the airport, 
        including the availability of airport gates and related 
        facilities, leasing and sub-leasing arrangements, gate-use 
        requirements, patterns of air service, gate-assignment policy, 
        financial constraints, airport controls over air- and ground-
        side capacity, whether the airport intends to build or acquire 
        gates that would be used as common facilities, and airfare 
        levels compared to other large airports.
            ``(3) The Secretary shall, within the time limit 
        established by subsection (c)(3), review the description and 
        plan submitted under this subsection to determine whether the 
        current and projected competition factors at the airport, as 
        described, are likely to contribute to the policy objectives of 
        increased competition between and among passenger air carriers. 
        If the Secretary determines that the submitted plan fails to 
        address needs for increased competition at the airport, the 
        Secretary shall disapprove the imposition of a fee of more than 
        $4 on the basis of competition factors.
    ``(k) Surface Transportation Projects.--The Secretary may approve 
an application by an eligible agency for a surface transportation 
project to improve access to an airport having at least .25 percent of 
the total number of passenger boardings each year at all commercial 
service airports, under this section only if the Secretary finds that 
the eligible agency has made adequate provision for financing safety, 
security and capacity needs of the airport.
    ``(l) Project Cost Sharing.--In order to carry out the policy of 
section 47101(a)(5) of this title, the Secretary may approve an 
application under this section by an eligible agency to participate in 
a cost-sharing agreement with one or more eligible surface 
transportation agencies for a surface transportation project under 
title 23 or chapter 53 of title 49, United States Code, if the 
Secretary finds that--
            ``(1) the eligible agency or an eligible surface 
        transportation agency participating in the project will hold 
        good title to property used for the project, and the eligible 
        agency will own or operate the project;
            ``(2) use of passenger facility fees is limited to capital 
        costs for new construction of a facility or for acquisition of 
        equipment;
            ``(3) the project is directly and substantially related to 
        the air transportation of passengers and property;
            ``(4) the project is consistent with the transportation 
        improvement program developed in accordance with sections 134 
        and 135 of title 23 or section 5304 of title 49, United States 
        Code, to address documented surface congestion problems that 
        directly and significantly affect airport access, or the 
        project is incidental to an otherwise justified surface 
        transportation project but provides substantially improved 
        direct access to an airport;
            ``(5) the subsection will be administered by the Secretary 
        in accordance with the requirements of title 23 or chapter 53 
        of title 49, United States Code, applicable to the project;
            ``(6) the proportion of the total cost of the project 
        contributed by the eligible agency under this section shall not 
        exceed the proportion of the direct aviation-related use of the 
        facility compared to the total use of the facility as 
        determined by the Secretary;
            ``(7) there is an opportunity for public comment on the 
        project, particularly by airport users, concerning the 
        transportation, social, economic, and environmental effects of 
        the project; and
            ``(8) the agreement meets any other conditions required by 
        the Secretary.''.
    (b) Reduction in Entitlement Funds.--Section 47114(f) is amended--
            (1) by inserting a paragraph designator ``(1)'' before 
        ``An'';
            (2) by striking ``reduced by'' and all that follows and 
        substituting the following: ``reduced by--
                    ``(A) an amount equal to 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, if 
                the sponsor has imposed a passenger facility fee of $1, 
                $2, or $3 in the fiscal year; or
                    ``(B) an amount equal to 100 percent of the amount 
                that would otherwise be apportioned to the sponsor 
                under this section, if the sponsor has imposed a 
                passenger facility fee of $4 or $5 in the fiscal 
                year.''; and
             (3) by inserting a new paragraph at the end as follows:
            ``(2) A reduction in apportionment required by paragraphs 
        (1)(A) or (1)(B) of this subsection shall not take effect until 
        the first fiscal year following the year in which the 
        collection of a fee imposed under section 40117 of this title 
        is begun.''.

SEC. 205. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.

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

SEC. 206. USER FUNDING OF THE FEDERAL AVIATION ADMINISTRATION.

    Section 48104(a) is amended--
            (1) in paragraph (1), by striking ``; and'' and 
        substituting ``;'';
            (2) in paragraph (2), by striking the period at the end and 
        substituting ``; and''; and
            (3) by adding the following at the end:
            ``(3) any cost incurred by the Federal Aviation 
        Administration after September 30, 1999, that is authorized by 
        law.''.

SEC. 207. COST RECOVERY FOR FOREIGN AVIATION SERVICES AND CLARIFICATION 
              OF OVERFLIGHT FEE AUTHORITY.

    Section 45301 is amended--
            (1) in paragraph (a)(2), by inserting ``or to any entity 
        obtaining services outside the United States'' before the 
        period; and
            (2) in subparagraph (b)(1)(B) by--
                    (A) striking ``directly''; and
                    (B) striking the period after ``rendered'' and 
                inserting the phrase ``, including both direct and 
                indirect costs, as determined by the Administrator, 
                using generally accepted accounting principles and 
                internationally accepted economic principles.''.

SEC. 208. FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD CHECKS; 
              TECHNICAL AMENDMENTS TO PILOT RECORDS IMPROVEMENT ACT OF 
              1996.

    Section 44936 is amended--
            (1) in subsection (a)(1)(B), by striking ``described in 
        subparagraph (C)'' and inserting ``the Administrator decides is 
        necessary to ensure air transportation security'';
            (2) by striking subsection (a)(1)(C);
            (3) in subsection (a)(1)(D), by striking ``(C)'' and 
        inserting ``(B)'' and by redesignating subsection (a)(1)(D) as 
        subsection (a)(1)(C);
            (4) in subsection (f)(1)(B) by inserting ``(except a branch 
        of the United States Armed Forces, the National Guard, a 
        reserve component of the United States Armed Forces, or the 
        National Aeronautics and Space Administration)'' after 
        ``person'' the first place it appears;
            (5) in subsection (f)(1)(B)(ii), by striking ``individual'' 
        and inserting ``individual's performance as a pilot'';
            (6) in subsection (f)(4), by striking ``and (1)(B)'' and 
        inserting ``, (1)(B) and (2)(A)'';
            (7) in subsection (f)(5), by striking the period in the 
        first sentence and inserting ``, except that the Administrator 
        may allow, under terms established by the Administrator, a 
        designated individual to accept the written consent on behalf 
        of the Administrator.'';
            (8) in subparagraph (f)(14)(B) by inserting ``or from a 
        foreign government or entity that employed the individual'' 
        after ``exists,''; and
            (9) in subsection (f), by adding a new subsection as 
        follows:
            ``(15) Electronic access to faa records.--For the purpose 
        of increasing timely and efficient access to Federal Aviation 
        Administration records described in subsection (f)(1) of this 
        section, the Administrator may allow, under terms established 
        by the Administrator, a designated individual to have 
        electronic access to a specified data base containing 
        information about such records.''.

SEC. 209. EXTENSION OF AVIATION INSURANCE PROGRAM.

    Section 44310 is amended by striking ``March 31, 1999'' and 
substituting ``December 31, 2004''.

SEC. 210. TECHNICAL CORRECTION TO CIVIL PENALTY PROVISION.

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

SEC. 211. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

    Section 44502(a) is amended by adding a new paragraph (5) at the 
end to read as follows:
            ``(5) The Administrator may improve real property leased 
        for air navigation facilities when the improvements primarily 
        benefit the government, are essential for mission 
        accomplishment, and the government's interest in the 
        improvements is protected. Such improvements may be made 
        without regard to the cost of the improvements in relation to 
        the cost of the lease.''.

SEC. 212. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES; HATCH ACT 
              ENFORCEMENT; FEDERAL PROCUREMENT INTEGRITY ACT; MERIT 
              SYSTEM PRINCIPLES.

    (a) Whistleblower Protection.--Section 347(b)(1) of Public Law 104-
50 (49 U.S.C. 106, note) is amended by striking ``protection;'' and 
inserting ``protection, including the provisions for investigations and 
enforcement as provided in chapter 12 of title 5, United States 
Code;''.
    (b) Hatch Act Enforcement.--Section 347(b)(5) 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 concerning subchapter III--Political Activities''.
    (c) Federal Procurement Integrity Act.--Section 348(b)(2) of the 
Department of Transportation and Related Agencies Appropriations Act, 
1996 (49 U.S.C. 40110 note; 109 Stat. 460) is amended by striking the 
period and inserting the following: ``, except for 41 U.S.C. 423; 
provided that subparagraphs (f) and (g) of section 423 shall not apply 
to the Federal Aviation Administration's Acquisition Management System; 
provided further that within 90 days following enactment of the Federal 
Aviation Administration Authorization Act of 1999, the Administrator of 
the Federal Aviation Administration shall adopt definitions for its 
Acquisition Management System that are consistent with the purpose and 
intent of this section and that will allow the fully application of the 
criminal, civil and administrative remedies provided; and provided 
further that the Administrator shall have the authority to take an 
adverse personnel action provided in 41 U.S.C. 423(e)(3)(A)(iv), but 
shall take any such actions in accordance with the procedures contained 
in the Federal Aviation Administration's Personnel Management 
System.''.
    (d) Merit Systems Principles.--Section 347(a) of Public Law 104-50 
(49 U.S.C. 106 note) is amended by adding the following at the end: 
``The personnel management system is governed by merit systems 
principles consistent with those expressed in 5 U.S.C. 2301.''.

SEC. 213. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    (a) Mediation.--Section 40122(a)(2) is amended by adding at the end 
the following: ``The 60-day period shall not include any period during 
which Congress has adjourned sine die.''.
    (b) Right To Contest Adverse Personnel Actions.--Section 40122 is 
amended by adding at the end the following:
    ``(g) Right To Contest Adverse Personnel Actions.--An employee of 
the Administration who is the subject of a major adverse personnel 
action may contest the action either through any contractual grievance 
procedure that is applicable to the employee as a member of the 
collective bargaining unit or through the Administration's internal 
process relating to review of major adverse personnel actions of the 
Administration, known as Guaranteed Fair Treatment or under section 
347(c) of the Department of Transportation 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 fora (e.g., 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. 214. TRANSITIONAL USER FEE AUTHORITY.

    (a) Chapter 453 is amended by adding the following new section at 
the end:
``Sec. 45305. Transitional user fee authority
    ``(a) General.--
            ``(1) The Administrator of the Federal Aviation 
        Administration shall establish a schedule of new fees and a 
        collection process for such fees, payable by operators 
        described in paragraph (3), for the provision of air traffic 
        control services provided by the Federal Aviation 
        Administration to such operators. Such fees shall be effective 
        until replaced by the schedule of fees for air traffic services 
        adopted under section 45331.
            ``(2) Such fees shall reflect the full cost of providing 
        air traffic services, including costs associated with the 
        depreciation, research, engineering, and development, and the 
        operation and maintenance of facilities and infrastructure, 
        based on cost accounting principles.
            ``(3) Such fees shall be payable by--
                    ``(A) a person holding a certificate under part 119 
                of title 14, Code of Federal Regulations;
                    ``(B) a person holding a certificate under part 125 
                of title 14, Code of Federal Regulations, to operate an 
                aircraft for compensation or hire; or
                    ``(C) a foreign air carrier directly providing air 
                transportation.
    ``(b) Consultation, Publication, and Comment on Fees.--The 
Administrator shall publish in the Federal Register an initial fee 
schedule and associated collection process as an interim final rule not 
later than September 30, 1999, provided that the Administrator shall 
consult with interested operators who may be subject to the fees prior 
to such publication. After the Administrator receives public comment on 
the interim final rule, the Administrator shall issue a final rule as 
early as practicable.
    ``(c) Deposit of Fees.--Fees collected under this section shall be 
deposited in the Airport and Airway Trust Fund (26 U.S.C. 9502).
    ``(d) Reduction of Taxes for Fiscal Year 2000.--Prior to October 1, 
1999, if the sum of estimated receipts from fees established under this 
section for fiscal year 2000 and estimated receipts from excise taxes 
to be credited to the Airport and Airway Trust Fund for fiscal year 
2000 is projected to exceed the budgetary requirements for the Federal 
Aviation Administration for fiscal year 2001 as shown in the Budget of 
the United States Government for Fiscal Year 2000, aviation excise 
taxes that would otherwise be applicable shall be reduced in the same 
manner as provided in section 506 of the Federal Aviation 
Administration Authorization Act of 1999.
    ``(e) Collection and Availability of Fees.--Fees authorized under 
this section shall be collected and available for obligation only to 
the extent and in the amount provided in advance in appropriations 
acts. Such fees are authorized to be appropriated to remain available 
until expended.''.
    (b) Conforming Amendment.--The analysis of chapter 453 is amended 
by inserting the following at the end:

``45305. Transitional user fee authority.''.

SEC. 215. AMENDMENT OF STATUTE PROHIBITING THE BRINGING OF HAZARDOUS 
              SUBSTANCES ABOARD AN AIRCRAFT.

    Section 46312 is amended--
            (1) by striking ``A'' and inserting ``(a) General.--A''; 
        and
            (2) by adding at the end a new subsection as follows:
    ``(b) Knowledge of Regulations.--Knowledge by the person of the 
existence of a regulation or requirement related to the transportation 
of hazardous material prescribed by the Secretary under this part is 
not an element of an offense under this section.''.

SEC. 216. AIRPORT SECURITY PROGRAM.

    (a) In General.--Chapter 471 is amended by adding the following new 
section:
Sec. 47136. Airport security program
    ``(a) General Authority.--To improve security at public airports in 
the United States, the Secretary of Transportation shall carry out one 
or more projects 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 by an eligible sponsor for a 
grant to undertake a project that--
            ``(1) evaluates and tests the benefits of innovative 
        airport security systems or related technology, including 
        explosives detection systems, for the purpose of improving 
        aviation security, including aircraft physical security, access 
        control, and passenger and baggage screening; and
            ``(2) provides testing and evaluation of aviation 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 is 100 percent.
    ``(d) Terms and Conditions.--The Secretary may establish such terms 
and conditions as the Secretary determines appropriate for carrying out 
a project under this section, including terms and conditions relating 
to the form and content of a proposal for a project, project 
assurances, and schedule of payments.
    ``(e) Eligible Sponsor Defined.--In this section, the term 
``eligible sponsor'' means a nonprofit corporation composed of a 
consortium of public and private persons, including a sponsor of a 
primary airport, with the necessary engineering and technical expertise 
to successfully conduct the testing and evaluation of airport and 
aircraft related security systems.
    ``(f) Authorization of Appropriations.--Of the amounts made 
available to the Secretary under section 47115 in a fiscal year, the 
Secretary shall make available $2,000,000 for the purpose of carrying 
out this section.''.
    (b) Conforming Amendment.--The analysis for subchapter 1 of such 
chapter is amended by adding at the end the following:

``47136. Airport security program.''.

SEC. 217. ESSENTIAL AIR SERVICE.

    Section 41742(a) is amended by striking ``provided to the 
Administration'' and inserting ``made available to the Department of 
Transportation''.

SEC. 218. FAA MAY FINE UNRULY PASSENGERS.

    (a) In General.--Chapter 463 is amended by redesignating section 
46316 as section 46317, and by inserting after section 46315 the 
following:
``Sec. 4316. Interference with cabin or flight crew
    ``(a) General.--An individual who interferes with the duties or 
responsibilities of the flight crew or cabin crew of a civil aircraft, 
or who poses an imminent threat to the safety of the aircraft or other 
individuals on the aircraft, is liable to the United States Government 
for a civil penalty of not more than $10,000.
    ``(b) Compromise and Setoff.--
            ``(1) The Secretary of Transportation or the Administrator 
        may compromise the amount of a civil penalty imposed under 
        subsection (a).
            ``(2) The Government may deduct the amount of a civil 
        penalty imposed or compromised under this section from amounts 
        it owes the individual liable for the penalty.''.
    (b) Conforming Change.--The chapter analysis for chapter 463 is 
amended by 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. 219. DELEGATION OF AUTHORITY FOR CARGO INSPECTIONS.

    (a) Delegation of Authority.--Subchapter II of chapter 449 is 
amended by adding at the end the following new section:
``Sec. 44939. Delegation
    ``(a) Delegation Authority.--Subject to regulations, supervision 
and review that the Administrator of the Federal Aviation 
Administration may prescribe, the Administrator may delegate to a 
qualified private person, or to an employee under supervision of that 
person, a matter related to:
            ``(1) the examination, testing, and inspection necessary to 
        approve a program under this chapter for the security of cargo 
        to be carried on aircraft carrying passengers in air 
        transportation or intrastate air transportation; and
            ``(2) preliminary approval of a program under this chapter 
        for the security of cargo to be carried on aircraft carrying 
        passengers in air transportation or intrastate air 
        transportation, subject to the Administrator's final approval.
    ``(b) Authority to Rescind Delegation.--The Administrator may 
rescind a delegation under this section at any time for any reason the 
administrator considers appropriate.
    ``(c) Reconsideration of Action.--A person affected by an action of 
a private person under this section may apply for reconsideration of 
the action by the Administrator. On the Administrator's own initiative, 
the Administrator may reconsider the action of a private person at any 
time. If the Administrator decides on reconsideration that the action 
is unreasonable or unwarranted, the Administrator shall change, modify, 
or reverse the action. If the Administrator decides the action is 
warranted, the Administrator shall affirm the action.''.
    (b) Conforming Amendment.--The analysis of chapter 449 is amended 
by inserting at the end the following:

``44939. Delegation.''.

SEC. 220. AMENDMENT OF STATUTE PROHIBITING PILOTING AN AIRCRAFT WITHOUT 
              A VALID AIRMAN'S CERTIFICATE.

    Section 46306(a) is amended to read as follows:
    ``(a) Application.--Except for subsection (b)(7), this section 
applies only to aircraft not used to provide air transportation.''.

           TITLE III--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

SEC. 301. REMOVAL OF THE CAP ON DISCRETIONARY FUND.

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

SEC. 302. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

    (a) Codification and Improvement of 1996 Program.--Subchapter I of 
chapter 471 is amended by adding after section 47134 the following:
``Sec. 47135. Innovative financing techniques
    ``(a) General.--The Secretary of Transportation is authorized to 
carry out a demonstration program under which the Secretary may approve 
applications under this subchapter for not more than 5 new projects in 
a fiscal year at airports that have less than .25 percent of the 
boardings at all commercial service airports for which grants received 
under the subchapter may be used to implement innovative financing 
techniques.
    ``(b) Purpose.--The purpose of the demonstration program shall be 
to provide information on the use of innovative financing techniques 
for airport development projects.
    ``(c) Limitation.--In no case shall the implementation of an 
innovative financing technique under the demonstration program result 
in a direct or indirect guarantee of any airport debt instrument by the 
United States Government.
    ``(d) Innovative Financing Technique Defined.--In this section, the 
term `innovative financing technique' includes methods of financing for 
projects to undertake new airport development that the Secretary 
determines may be beneficial, including, but not limited to, the 
following:
            ``(1) payment of interest;
            ``(2) commercial bond insurance and other credit 
        enhancement associated with airport bonds for eligible airport 
        development;
            ``(3) flexible non-Federal matching requirements; and
            ``(4) loans described in subsection (e) of this section.
    ``(e) Loans.--
            ``(1) A State designated as a block grant State by the 
        Secretary under section 47128 may loan to a sponsor all or part 
        of the funds apportioned to the State pursuant to section 
        47114(d) of this title to pay the government share of the 
        allowable costs of an eligible airport development project. 
        Such project must meet all requirements of a project undertaken 
        pursuant to section 47128 of this title.
            ``(2) The amount of any loan received for a project under 
        this subsection may be subordinated to any other debt financing 
        for the project.
            ``(3) The repayment of a loan made under this subsection 
        shall commence not more than five years after the project is 
        completed.
            ``(4) The term of a loan made under this subsection shall 
        not exceed 30 years from the date on which the loan funds are 
        obligated.
            ``(5) A loan made under this subsection shall bear interest 
        at or below market interest rates, as determined by the State, 
        to make the project that is the subject of the loan feasible.
            ``(6) Amounts repaid to a State from a loan made under this 
        subsection shall be considered to be Federal funds subject to 
        the requirements of section 47128 and may be obligated--
                    ``(A) for any purpose for which the loan funds were 
                made available under the State block grant program; and
                    ``(B) for use as a capital reserve for other forms 
                of credit enhancement for project debt in order to 
                improve credit market access or to lower interest rates 
                for projects eligible for assistance under the State 
                block grant program.
            ``(7) The Secretary shall not approve more than one state 
        application in a fiscal year, nor more than three in total, to 
        establish state-run loan programs under this subsection.
            ``(8) The Secretary shall, in consultation with 
        participating States, ensure that procedures and guidelines for 
        making loans under this subsection meet the requirements of 
        this subsection.''.
    (b) Conforming Amendment.--The analysis of subchapter I of chapter 
471 is amended by inserting at the end the following:

``47135. Innovative financing techniques.''.

SEC. 303. MATCHING SHARE FOR STATE BLOCK GRANT PROGRAM.

    Section 47109(a) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) not more than 90 percent for a project funded by a 
        grant issued to and administered by a State pursuant to the 
        State block grant program established by section 47128 of this 
        title;
            ``(3) for fiscal years beginning after September 30, 2001, 
        in accordance with guidelines developed by the Secretary--
                    ``(A) not more than 75 percent for a project at a 
                primary airport having at least .25 percent of the 
                total number of passenger boardings each year at all 
                commercial service airports; and
                    ``(B) not more than 90 percent for a project at any 
                other airport;''.
            (3) in paragraph (4), as redesignated, by striking ``; 
        and'' and inserting ``;'';
            (4) in paragraph (5), as redesignated, by striking the 
        period and inserting ``; and'';
            (5) by inserting a new paragraph as follows:
            ``(6) not more than 50 percent for a project described in 
        section 47101(a)(14) of this title; provided, that the 
        government's share of allowable costs for such a project will 
        only be available if the aviation benefits to the public exceed 
        the allowable costs of the project.''.

SEC. 304. INCREASE IN APPORTIONMENT FOR, AND FLEXIBILITY OF, NOISE 
              COMPATIBILITY PLANNING AND PROGRAMS.

    Section 47117(e)(1)(A) is amended--
            (1) by revising the first sentence to read as follows: ``At 
        least 35 percent, but in any fiscal year not less than 
        $200,000,000, for grants for airport noise compatibility 
        planning under section 47505(a)(2) of this title, for carrying 
        out noise compatibility programs under section 47504(c) of this 
        title, and for noise mitigation projects approved in an 
        environmental record of decision for an airport development 
        project under this title.''; and
            (2) in the second sentence, by striking ``31 percent'' and 
        inserting ``35 percent or minimum funding''.

SEC. 305. INCREASE IN STATE APPORTIONMENT.

    Section 47114(d)(2) is amended by striking ``18.5'' and inserting 
``20''.

SEC. 306. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.

    Section 47117(g) is amended to read as follows:
    ``(g) Discretionary Use of Apportionments.--
            ``(1) Subject to paragraph (2) of this subsection, if the 
        Secretary finds that all or part of an amount under an 
        apportionment available pursuant to subsection (b) of this 
        section is not required to fund a grant under the apportionment 
        during the current fiscal year, the Secretary may use the 
        amount not so required to fund discretionary grants under 
        section 47115 of this title during such year. The finding may 
        be based on the notifications that the Secretary receives under 
        section 47105(f) of this title, or on other information 
        received from sponsors. The discretionary grants may be made 
        for any of the purposes for which amounts are authorized for 
        grants under section 47104 of this title, and are not subject 
        to any of the crediting and allocation provisions applicable to 
the discretionary fund established under section 47115.
            ``(2) If the current fiscal year is not the last year of 
        availability, under subsection (b) of this section of an 
        apportionment from which the Secretary funds a discretionary 
        grant under paragraph (1) of this subsection, the Secretary 
        shall, in a later fiscal year, restore to the apportionment an 
        amount equal to the grant whenever a sufficient amount is made 
        available for grant obligations under sections 47104 and 48103 
        of this title, as follows:
                    ``(A) if an amount sufficient for such restoration 
                is made available at any time in the current or next 
                following fiscal year, the amount so restored shall be 
                subject to the original period of availability of the 
                apportionment made under subsection (b) of this 
                section; or
                    ``(B) if an amount sufficient for such restoration 
                is not made available in the current or next following 
                fiscal year, the amount so restored shall be deemed to 
                remain available under subsection (b) of this section 
                for the original period of availability, plus the 
                number of complete fiscal years during which an amount 
                was not available for such restoration.
            ``(3)(A) Of an amount newly available under section 48103 
        of this title, an amount equal to the amounts restored under 
        paragraph (2) of this subsection shall be deemed unavailable 
        for discretionary grant obligations under section 47115 of this 
        title.
            ``(B) Subparagraph (A) of this paragraph does not impair 
        the Secretary's authority under paragraph (1) of this 
        subsection, after a restoration under paragraph (2) of this 
        subsection, 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) This subsection does not authorize the Secretary to 
        incur grant obligations above the amount made available under 
        sections 47104 and 48103 of this title.''.

SEC. 307. PAVEMENT MAINTENANCE.

    (a) Repeal of Pilot Program.--Section 47132 is repealed.
    (b) Eligibility as Airport Development.--Section 47102(3) is 
amended by adding at the end the following new subparagraph:
                    ``(H) routine work to preserve and extend the 
                useful life of runways, taxiways, and aprons at 
                airports for which apportionments are made under 
                section 47114(d), under guidelines issued by the 
                Administrator.''.

SEC. 308. PRESERVATION OF PRIMARY APPORTIONMENTS WHEN AIR SERVICE IS 
              TEMPORARILY INTERRUPTED.

    Section 47114(c)(1) is amended--
            (1) in paragraph (c)(1)(A) by striking ``The'' and 
        inserting ``Except for an apportionment under subparagraph (C) 
        of this paragraph, the''; and
            (2) by adding at the end the following:
                    ``(C) The Secretary may apportion to an airport 
                sponsor in a fiscal year an amount equal to the amount 
                apportioned to that sponsor in the previous fiscal year 
                if the Secretary finds that--
                            ``(i) passenger boardings at the airport 
                        fell below 10,000 in the calendar year used to 
                        calculate the apportionment;
                            ``(ii) the airport had at least 10,000 
                        passenger boardings in the calendar year prior 
                        to the calendar year used to calculate 
                        apportionments to airport sponsors in a fiscal 
                        year; and
                            ``(iii) the cause of the shortfall in 
                        passenger boardings was a temporary 
but significant interruption in service by an air carrier to that 
airport due to an employment action, natural disaster, or other event 
unrelated to the demand for air transportation at the affected 
airport.''.

SEC. 309. LIMITATION ON PROJECT ELIGIBILITY AT LARGE AND MEDIUM 
              AIRPORTS.

    (a) Limitation on Eligibility.--Chapter 471 is amended by adding 
the following new section:
``Sec. 47137. Limitation on project eligibility at large and medium 
              airports
    ``(a) Limitation.--Except as may be contained in a letter of intent 
issued prior to the date of enactment of this section, under section 
47110(e), and notwithstanding section 47110(d), the Secretary may 
approve a project for airport development at an airport having at least 
.25 percent of the total number of passenger boardings each year at all 
commercial service airports only for--
            ``(1) a development project to meet safety or security 
        requirements of the Secretary or requirements under the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as 
        described in section 47102(3)(F) of this title;
            ``(2) projects for which funds are made available under 
        section 47117(e)(1)(A) of this title;
            ``(3) a development project that the Secretary determines 
        will create new airfield capacity at the airport; and
            ``(4) airport planning.
    ``(b) No Limitation on Projects Financed by Passenger Facility 
Fees.--The limitation imposed on grant approvals under subsection (a) 
of this section does not apply to projects funded by passenger facility 
revenue under section 40117 of this title.''.
    (b) Conforming Amendment.--The analysis of chapter 471 is amended 
by inserting the following at the end:

``47137. Limitation on project eligibility at large and medium 
                            airports.''.
    (c) Conforming Amendment.--Section 47104(a) is amended by inserting 
``subject to section 47137 of this title,'' after ``aeronautics,''.

SEC. 310. PUBLIC NOTICE BEFORE GRANT ASSURANCE WAIVED.

    Section 47107(h) is amended--
            (1) by striking ``Modifying Assurances and Requiring 
        Compliance With Additional Assurances.--Before'' and 
        substituting ``Modifying, Adding or Waiving Assurances.--(1) 
        Before''; and
            (2) by adding the following new paragraph at the end:
            ``(2) After the date of enactment of this paragraph, with 
        respect to airport property used for landing, taking off or 
        surface maneuvering of aircraft, the Secretary of 
        Transportation may not waive an assurance required under this 
        section that requires property to be used for aeronautical 
        purposes unless the Secretary provides at least 30 days notice 
        to the public and an opportunity to comment before issuing any 
        such waiver. Nothing in this paragraph shall be construed to 
        authorize the Secretary to issue a waiver of any assurance 
        required under this section.''.

SEC. 311. INTERMODAL PLANNING.

    (a) Section 47101(a)(5) is amended by striking ``that use various 
modes of transportation in a way that will serve the States'' and 
inserting ``, including airport systems, in a manner that will serve 
the Nation, the States,'';
    (b) Section 47102(8) is amended--
            (1) in subparagraph (C), by striking ``; and'' and 
        inserting ``;'';
            (2) in subparagraph (D), by striking the period and 
        inserting ``; and''; and
            (3) by inserting a new subparagraph as follows:
                    ``(E) developing a plan for an airport system that 
                includes a primary airport that enplanes at least 0.25 
                percent of the total number of passenger boardings each 
                year at all commercial service airports, so that such 
                planning includes fair consideration of surface 
                transportation and land use plans relevant to airport 
                access and development in the airport system under 
                study.''.
    (c) Section 47106(a) is amended--
            (1) in paragraph (1), by inserting ``, including 
        transportation and land use plans,'' after ``plans'';
            (2) in paragraph (4), by striking ``; and'' and inserting 
        ``;'';
            (3) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (4) by inserting a new paragraph at the end as follows:
            ``(6) with respect to a project for the location of an 
        airport or a project for a runway or a major runway extension 
        at a primary airport having at least 0.25 percent of the total 
        number of passenger boardings each year at all commercial 
        service airports, the sponsor has (A) provided the metropolitan 
        planning organization authorized to conduct metropolitan 
        planning in the area in which the airport is located with not 
        less than 60 days to review the airport master plan or the 
        airport layout plan in which the project is described and 
        depicted and to submit comments on such plans to the sponsor, 
        and (B) included in its application to the Secretary its 
        written responses to such comments as are made by the 
        metropolitan planning organization.''.

SEC. 312. AIRPORT IMPROVEMENTS TO INCREASE RURAL ACCESS TO THE AIR 
              TRANSPORTATION SYSTEM.

    Section 47101(a) is amended at the end by inserting a new 
subparagraph as follows:
            ``(14) that priority consideration should be given to 
        encourage development identified by the Secretary of 
        Transportation, in consultation with State aviation officials, 
        as warranted, to support operations of turbine powered aircraft 
        at nonprimary airports to the extent possible with available 
        funds and considering other airport needs.''.

SEC. 313. MILITARY AIRPORTS.

    (a) Clarification of Term of Military Airport Program 
Apportionment.--
            (1) Section 124(d) of the Federal Aviation Reauthorization 
        Act of 1996 (Public Law 104-264) is repealed.
            (2) Section 47117(e)(1)(B) is amended by striking ``for 
        each fiscal year thereafter''.
    (b) Designating Current and Former Military Airports.--Section 
47118 is amended--
            (1) in subsection (a), by striking ``12'' and inserting 
        ``15''; and
            (2) in subsection (d), by striking ``5 fiscal year 
        periods'' and inserting ``periods, each not to exceed 5 fiscal 
        years,''.

SEC. 314. LETTERS OF INTENT.

    Section 47110(e)(2)(C) is amended to read as follows:
                    ``(C) that meets the criteria of section 47115(d) 
                of this title and, if for a project at an airport 
                having at least 0.25 percent of the boardings each year 
                of all commercial service airports, the Secretary 
                decides will enhance system-wide airport capacity 
                significantly.''.

SEC. 315. TECHNICAL AMENDMENTS.

    (a) Use of Apportionments for Alaska, Puerto Rico and Hawaii.--
Section 47114(d) is amended by revising paragraph (3) to read as 
follows:
            ``(3) An amount apportioned under paragraph (2) of this 
        subsection for airports in Alaska, Hawaii or Puerto Rico may be 
        made available by the Secretary for any public airport in those 
        respective jurisdictions.''.
    (b) Supplemental Apportionment for Alaska.--Section 47114(e) is 
amended--
            (1) in the catchline by striking ``Alternative'' and 
        inserting ``Supplemental'';
            (2) in paragraph (1)--
                    (A) by striking ``Instead of apportioning amounts 
                for airports in Alaska under'' and inserting 
                ``Notwithstanding''; and
                    (B) by striking ``those airports'' and inserting 
                ``airports in Alaska''; and
            (3) by amending paragraph (3) to read:
            ``(3) An amount apportioned under this subsection may be 
        used for any public airport in Alaska.''.
    (c) Repeal of Apportionment Limitation on Commercial Service 
Airports in Alaska.--Section 47117 is amended by striking subsection 
(f) and redesignating subsections (g) and (h) as (f) and (g).
    (d) Discretionary Fund Definition.--
            (1) Section 47115 is amended--
                    (A) in subsection (a) by striking ``25'' and 
                inserting ``12.5''; and
                    (B) in subsection (b) by striking the second 
                sentence; and
            (2) Section 47116 is amended--
                    (A) in subsection (a), by striking ``75'' and 
                inserting ``87.5'';
                    (B) in subsection (b), by redesignating paragraphs 
                (1) and (2) as subparagraphs (2)(A) and (2)(B), and 
                inserting after the colon the following new paragraphs:
            ``(1) one-seventh for grants for projects at small hub 
        airports (as defined in section 41731 of this title); and
            ``(2) the remaining amounts based on the following:''.
    (e) Use of State-Apportioned Funds.--Section 47114(d) is amended by 
adding the following new paragraphs at the end:
            ``(4) Notwithstanding paragraph (2) of this subsection, 
        funds made available under this subsection may be used for 
        integrated airport system planning that encompasses one or more 
        primary airports.
            ``(5) A project to survey or to upgrade a non-primary 
        airport to obtain greater benefits from implementation of 
        satellite-based air navigation systems may be financed only 
        with funds apportioned under this section.''.
    (f) Continuation of Project Funding.--Section 47108 is amended by 
adding a new subsection at the end as follows:
    ``(e) Change in Airport Status.--In the event that the status of a 
primary airport changes to a non-primary airport at a time when a 
development project under a multiyear agreement under subsection (a) is 
not yet completed, the project shall remain eligible for funding from 
discretionary funds under section 47115 of this title at the funding 
level and under the terms provided by the agreement, subject to the 
availability of funds.''.
    (g) Grant Eligibility for Private Reliever Airports.--Section 
47102(17)(B) is amended by--
            (1) striking ``or'' at the end of clause (i) and 
        redesignating clause (ii) as clause (iii); and
            (2) by inserting a new clause (ii) as follows:
                            ``(ii) a privately-owned airport that, as a 
                        reliever airport, received Federal aid for 
                        airport development prior to October 9, 1996; 
                        or''.
    (h) Reliever Airports Ineligible for Letters of Intent.--Section 
47110(e)(1) is amended by striking ``or reliever'' in the first 
sentence.
    (i) 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) and 
        striking the period at the end of paragraph (2) and inserting 
        ``; and''; and
            (2) by inserting a new paragraph at the end as follows:
            ``(3) may permit a public agency to request that collection 
        of a passenger facility fee be waived for--
                    ``(A) passengers enplaned by any class of air 
                carrier or foreign air carrier if the number of 
                passengers enplaned by the carriers in the class 
                constitutes not more than one percent of the total 
                number of passengers enplaned annually at the airport 
                at which the fee is imposed; or
                    ``(B) passengers enplaned on a flight to an 
                airport--
                            ``(i) that has fewer than 2500 passengers 
                        boardings each year and receives scheduled 
                        passenger service; or
                            ``(ii) in a community which has a 
                        population of less than 5,000 and is not 
                        connected by a land highway or vehicular way to 
                        the land-connected National Highway within a 
                        state.''.
    (j) Use of the Word ``Gift'' and Priority for Airports in Surplus 
Property Disposal.--
            (1) Section 47151 is amended--
                    (A) in subsection (a) by striking ``give'' and 
                inserting ``convey to'';
                    (B) in paragraph (a)(2) by striking ``gift'' and 
                inserting ``conveyance''; and
                    (C) in subsection (b) by striking ``gift'' and 
                inserting ``conveyance''.
            (2) Section 47152 is amended--
                    (A) in the title by striking ``gifts'' and 
                inserting ``conveyances''; and
                    (B) in the first sentence by striking ``gift'' and 
                inserting ``conveyance''.
            (3) The table of sections for subchapter 471 is amended in 
        the item relating to section 47152 by striking ``gifts'' and 
        inserting ``conveyances''.
            (4) Section 47153(a) is amended--
                    (A) in paragraph (1) by striking ``gift'' and 
                inserting ``conveyance'';
                    (B) in subparagraph (1)(A) by striking ``given'' 
                and inserting ``conveyed''; and
                    (C) in paragraph (1)(B) by striking ``gift'' and 
                inserting ``conveyance''.

          TITLE IV--COMMERCIAL SPACE TRANSPORTATION AMENDMENTS

SEC. 401. COMMERCIAL SPACE TRANSPORTATION AUTHORIZATION.

    Section 70119 is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in subparagraph (2), by striking ``$6,600,000'' and 
        inserting ``$6,838,000'', and by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting a new paragraph at the end as follows:
            ``(3) such sums as necessary for the fiscal years 2001 
        through 2004.''.

SEC. 402. REPEAL OF REQUIREMENT FOR UNIFORM GUIDELINES FOR ACQUISITION 
              OF SURPLUS PROPERTY.

    Section 70111 is amended by striking subsection (b)(3).

SEC. 403. EXTENSION OF PAYMENT OF EXCESS CLAIMS AUTHORITY FOR A 
              COMMERCIAL SPACE LAUNCH AND REENTRY.

    Section 70113(f) is amended by striking ``December 31, 1999'' and 
inserting ``December 31, 2005''.

   TITLE V--PERFORMANCE BAS-ED ORGANIZATION FOR AIR TRAFFIC SERVICES

SEC. 501. ESTABLISHMENT OF PERFORMANCE BASED ORGANIZATION.

    (a) Subtitle VII is amended by inserting after chapter 445 the 
following:

 ``CHAPTER 446--PERFORMANCE BASED ORGANIZATION FOR AIR TRAFFIC SERVICES

``Sec. 44601. Definitions.
``Sec. 44602. Establishment of a performance-based organization for air 
                            traffic services.
``Sec. 44603. Management Advisory Committee participation.
``Sec. 44604. Chief Operating Officer.
``Sec. 44605. Responsibilities of the ATS organization.
``Sec. 44606. Performance management.
``Sec. 44607. Personnel management.
``Sec. 44608. Acquisitions.
``Sec. 44609. Contract for services.
``Sec. 44601. Definitions
    ``In this chapter--
            ``(1) Air traffic control system.--The term `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 electro-magnetic spectrum and 
                physical, real, personal, and intellectual property 
                assets making up facilities and systems employed to 
                detect, track, and guide aircraft movement;
                    ``(B) laws, regulations, orders, directives, 
                agreements, and licenses;
                    ``(C) published procedures that explain required 
                actions, activities, and techniques used to assure 
                adequate aircraft separation; and
                    ``(D) trained personnel with specific technical 
                capabilities to satisfy the operational, engineering, 
                management, and planning requirements for air traffic 
                control.
            ``(2) ATS.--The term `ATS' means the performance-based 
        organization for air traffic services established by section 
        44602 of this title for the purpose of operating the U.S. air 
        traffic control system.
``Sec. 44602. Establishment of performance-based organization for air 
              traffic services
    ``(a) General.--
            ``(1) The Administrator of the Federal Aviation 
        Administration shall establish not later than January 1, 2000, 
        within the Federal Aviation Administration, a performance-based 
        organization (hereinafter referred to as the ATS) to manage and 
        operate the air traffic control system on an efficient, 
        business-like basis, without sources of federal funding after 
        May 15, 2001, other than as provided in section 48302 of this 
        title.
            ``(2) After May 15, 2001, the ATS shall be funded 
        exclusively under Subchapter II of chapter 453 and section 
        48302 of this title.
    ``(b) ATS Subcommittee.--A subcommittee of the Management Advisory 
Council established under section 106(p) of this title shall be 
constituted to offer advice and recommendations to the Administrator, 
as specified by section 44603 of this title.
    ``(c) Chief Operating Officer.--The policies and operations of the 
ATS shall be implemented and directed by a Chief Operating Officer, who 
shall be appointed under section 44604 of this title by the Secretary 
of Transportation.
    ``(d) Personnel Management and Acquisitions.--Personnel management 
and acquisitions shall be carried out by the ATS using the existing 
authority of the Administrator.
    ``(e) Relationship of ATS to the Administrator and the Inspector 
General.--
            ``(1) The relationship of the ATS and the Administrator 
        shall be as set forth in section 106(r) of this title.
            ``(2) The activities of the ATS shall be subject to the 
        authority of the Department of Transportation Inspector General 
        in the same manner and to the same extent as the other elements 
        of the Administration are subject to the authority of the 
        Inspector General.
``Sec. 44603. Management Advisory Council Participation
    ``(a) General.--Using the authority provided under section 106(p) 
of this title, the Chairman of the Management Advisory Council shall 
constitute an `Air Traffic Services Subcommittee' to provide comments, 
recommended modifications, and dissenting views to the Administrator on 
ATS performance, including--
            ``(1) The performance of the Chief Operating Officer and 
        other senior managers of the ATS under sections 44604 and 44607 
        of this title.
            ``(2) Long-range and strategic plans for the ATS.
            ``(3) User fees and other charges imposed under section 
        45331 of this title.
            ``(4) Plans for annual ATS receipts and expenditures.
            ``(5) Other significant actions that the ATS Subcommittee 
        considers appropriate and that are consistent with implementing 
        the Federal Aviation Administration Authorization Act of 1999.
    ``(b) Subcommittee Membership.--The Chairman shall appoint the 
members of the ATS Subcommittee, which shall include the designees of 
the Secretary of Transportation and of the Secretary of Defense on the 
Management Advisory Council.
    ``(c) User-Fee Recommendations.--The ATS Subcommittee shall 
participate in the establishment and modification of user-fee schedules 
under 49 U.S.C. 45331 by offering comments, recommended modifications, 
and dissenting views to the Administrator.
Sec. 44604. Chief Operating Officer
    ``(a) General.--
            ``(1) The management of the ATS is vested in a Chief 
        Operating Officer, who shall be appointed by the Secretary of 
        Transportation to a 5-year term and compensated under the 
        authority of this chapter.
            ``(2) The Chief Operating Officer shall serve at the 
        pleasure of the Secretary, except that the Secretary shall make 
        every effort to ensure stability and continuity in the 
        leadership of the ATS.
    ``(b) Annual Performance Agreement.--The administrator and the 
Chief Operating Officer shall enter into an annual performance 
agreement that sets forth measurable organization and individual goals 
for the chief Operating Officer in key operational areas. The agreement 
shall be subject to review and re-negotiation on an annual basis.
    ``(c) Compensation.--
            ``(1) The Chief Operating Officer shall be paid at an 
        annual rate of basic pay not to exceed that of the 
        Administrator, including any applicable locality-based payment. 
        This basic rate of pay shall subject the COO to the post-
        employment provisions of section 207 of title 18 as if this 
        position were described in section 207(c)(2)(A)(i) of that 
        title.
            ``(2) In addition to the annual rate of basic pay 
        authorized by paragraph (1) of this subsection, the Chief 
        Operating Officer may receive a bonus not to exceed 50 percent 
        of the annual rate of basic pay, based upon the Administrator's 
        evaluation of the Chief Operating Officer's performance in 
        relation to the performance goals set forth in the performance 
agreement described in subsection (b) of this section. A bonus may not 
cause the Chief Operating Officer's total aggregate compensation in a 
calendar year to equal or exceed the amount of the President's salary 
under section 102 of title 3, United States Code.
    ``(d) Annual Performance Report.--The Chief Operating Officer shall 
prepare and submit to the Secretary and to Congress an annual 
management report containing such information as the Secretary shall 
prescribe.
``Sec. 44605. Responsibilities of the ATS organization
    ``(a) Responsibility for Movement of Aircraft in United States 
Airspace.--The ATS shall, in a continuing joint relationship with the 
Department of Defense, exercise day-to-day operational supervision and 
control over the movement of aircraft in United States-controlled 
airspace on and after a date set by the Federal Aviation Administrator.
    ``(b) Relationship of ATS and the Administrator.--The ATS shall 
exercise the authority conferred on the Administrator by this title to 
carry out its responsibilities under this chapter, consistent with the 
relationship established between the ATS and the Administrator under 
section 106(r) of this title.
    ``(c) Consistency With International Obligations and National 
Security.--The ATS shall ensure that its actions are in compliance and 
consistent with established relationships of the Department of 
Transportation with the Department of State and the Department of 
Defense in fulfilling the international obligations and national 
security objectives of the United States.
``Sec. 44606. Performance management
    ``(a) General.--The ATS shall establish a performance management 
system for all ATS employees that--
            ``(1) strengthens ATS effectiveness by--
                    ``(A) establishing goals or objectives for 
                individual, group, or organizational performance 
                (consistent with the annual performance agreement 
                described in section 44604(b) of this title) and 
                performance planning procedures, including those 
                established under the Government Performance and 
                Results Act of 1993;
                    ``(B) communicating the goals or objectives to 
                employees;
                    ``(C) using the goals and objectives to make 
                performance distinctions among employees or groups of 
                employees; and
                    ``(D) using performance assessments as a basis for 
                granting employee awards, adjusting an employee's rate 
                of basic pay, and other appropriate personnel actions. 
                For purposes of this subparagraph, `performance 
                assessment' means a determination of whether or not 
                retention standards established under paragraph (2)(A) 
                are met, and any additional performance determination 
                made on the basis of performance goals and objectives 
                established under subparagraph (A) of this paragraph; 
                and
            ``(2) maintains individual accountability by--
                    ``(A) establishing one or more retention standards 
                for each employee related to the work of the employee 
                and expressed in terms of individual performance, and 
                communicating such retention standards to the employee;
                    ``(B) making periodic determinations of whether 
                each employee meets or does not meet the employee's 
                established retention standards; and
                    ``(C) with respect to any employee whose 
                performance does not meet established retention 
                standards, denying any increases in basic pay, denying 
                any promotions, and taking any appropriate action to 
                resolve the performance problem.
    ``(b) Awards and Incentives.--The ATS may establish an awards 
program designed to provide incentives for and recognition of 
organizational, group, and individual achievements by providing for 
granting awards to employees who, as individuals or members of a group, 
contribute to meeting the performance goals and objectives established 
under this section by means of a superior individual or group 
accomplishment, a documented productivity gain, or sustained superior 
performance.
``Sec. 44607. Personnel management
    ``(a) General.--In conducting its personnel activities, the ATS 
shall have the same authority as the Federal Aviation Administrator.
    ``(b) Continuation of Existing Labor Agreements.--Notwithstanding 
reorganization of air traffic services under this chapter, existing 
labor agreements with employees of the Administration in effect on the 
date of establishment of the ATS continue in effect under their terms 
and are unaffected by the reorganization. The ATS shall accord full 
recognition to labor organizations representing ATS employees to the 
extent that the labor organizations have been accorded exclusive 
representative status.
``Sec. 44608. Acquisitions
    ``(a) General.--In conducting its acquisition activities, the ATS 
shall have the same authority as the Federal Aviation Administrator.
    ``(b) Department of Defense Interface.--Existing Federal Aviation 
Administration acquisition authority for interface with the Department 
of Defense is extended to the ATS, and inclusion of the Department in 
current acquisition laws and practices regarding joint administration 
programs remains intact.
``Sec. 44609. Contracts for services
    ``(a) General.--Using fees collected under subchapter II of chapter 
453 of this title, the ATS may contract for personnel management, 
financial accounting, budgeting, legal, and other necessary services in 
addition to or as an alternative to obtaining services within the 
Federal Aviation Administration.
    ``(b) Reimbursement for Administration Services.--Personnel 
management, financial accounting, budgeting, legal, and other services 
provided from within the Federal Aviation Administration shall be made 
available to the ATS on a reimbursable basis.
    ``(c) Selection of Chief Operating Officer.--The Secretary may 
retain outside experts or consultants as part of any effort to identify 
potential candidates for the position of Chief Operating Officer.''.
    (b) Conforming Amendment.--The analysis of subtitle VII is amended 
by adding the following after the entry for chapter 445:

``446. PERFORMANCE BASED ORGANIZATION FOR AIR TRAFFIC SERVICES 44601''.

SEC. 502. RELATIONSHIP OF ATS AND THE ADMINISTRATOR.

    Section 106 is amended by inserting at the end the following new 
subsection:
    ``(r) Relationship of Administrator and ATS.--
                    ``(1) The Administrator shall delegate such 
                functions, powers, and duties to the performance-based 
                organization for air traffic services (ATS) established 
                under chapter 446 of this title as the Administrator 
                deems necessary to fulfill the requirements of the 
                Federal Aviation Administration Authorization Act 1999.
                    ``(2) The Administrator shall retain final 
                authority over the actions of the ATS that affect 
                aviation safety and security, government-wide Federal 
                mandates and policies, national security, and 
                international negotiations, agreements, and obligations 
                of the United States.
            ``(3) Not later then September 30, 2000, the Administrator 
        shall issue a written delegation that specifies--
                    ``(A) the air-traffic-system-related functions, 
                powers, and duties to be exercised by the ATS, to 
                ensure clear lines of authority and responsibility for 
                the safe and efficient movement of air traffic;
                    ``(B) the subject matter in which a decision, 
                action, or policy of the Chief Operating Officer shall 
                have the effect of a final agency action or order; and
                    ``(C) the allocation of Federal Aviation 
                Administration administrative expenses to the ATS and 
                the basis for reimbursement by the ATS of their 
                cost.''.

SEC. 503. FIVE-YEAR EVALUATION.

    Not later than five years after the enactment of the Federal 
Aviation Administration Authorization Act of 1999, the Secretary of 
Transportation shall provide to the President and Congress a report on 
the operation and effectiveness of the provisions of this title of this 
Act and the costs associated therewith. As part of the report, the 
Secretary shall include any recommendations for legislation the 
Secretary deems necessary or appropriate as a result of his or her 
analysis of the operation and effectiveness of this title and the costs 
associated therewith.

SEC. 504. FEES FOR AIR TRAFFIC SERVICE.

    (a) Chapter 453 of subtitle VII is amended by designating sections 
45301-45305 as Subchapter I and inserting immediately thereafter the 
following:

               ``SUBCHAPTER II--AIR TRAFFIC SERVICE FEES

``Sec. 45331. Air traffic service fees
    ``(a) General.--
            ``(1) The Chief Operating Officer (COO) of the performance-
        based organization for air traffic services established by 
        section 44602 of this title (hereinafter referred to as the 
        ATS) shall prescribe and regularly update a schedule of fees or 
        other charges for air traffic and related services that are 
        provided by the ATS to the air carrier, foreign air carrier, 
        and other non-public/non-military aircraft.
            ``(2) Fees shall--
                    ``(A) reflect the cost of providing ATS services, 
                including costs associated with the replenishment for 
                depreciation, research, in engineering, and 
                development, and the operation and maintenance of 
                facilities and infrastructure;
                    ``(B) be computed in a manner that portrays use of 
                the system by all categories of users;
                    ``(C) be based on costs, which shall, to the extent 
                practicable, be derived from generally accepted cost 
                accounting principles;
                    ``(D) not unreasonably discriminate against a 
                particular category of users of the air traffic system; 
                and
                    ``(E) conform to obligations of the United States 
                Government under international agreements.
            ``(3) In developing the initial fees, the COO may use the 
        services of experts and consultants, and may contract on a non-
        competitive basis, notwithstanding any other provision of law 
        to the contrary, to develop air traffic service user fees. The 
        COO shall publish the proposed initial fee schedule in the 
        Federal Register.
            ``(4) A schedule of fees or charges, including the initial 
        schedule of fees or charges, shall not be made final if the 
        Secretary of Transportation determines, within 45 days of the 
        receipt of a proposed final fee schedule from the COO, that the 
        schedule is not consistent with the requirements of this 
section.
    ``(b) Calculation of Fees.--A fee imposed under this section for a 
category of service shall--
            ``(1) be based, to the extent equitable, on the cost of 
        providing the service to a specific user, based upon the best 
        available data derived from a cost accounting system that 
        measures all costs associated with depreciation, research, 
        engineering, and development, and the operation and maintenance 
        of facilities and infrastructure of the ATS; provided, that no 
        redistribution of costs to another category of user shall 
        result; and
            ``(2) differentiate between the provision of services 
        related to the landing and takeoff of aircraft and the 
        provision of services related to handling aircraft in flight.
    ``(c) Imposition of Fees.--
            ``(1) the aggregate amount of fees or charges imposed under 
        the authority of this section in a fiscal year shall, when 
        combined with amounts provided annually under section 48302 of 
        title, be sufficient to pay the projected total expenditures of 
        the ATS, subject to appropriations, for a fiscal year.
            ``(2) Subject to the review provisions of this section, the 
        COO shall, on and after May 15, 2001, impose a fee or charge 
        for each use of a category of service by a person who is 
        responsible for remitting tax to the U.S. Treasury under 
        section 4261 or 4271 of the Internal Revenue Code of 1986 (26 
        U.S.C. 4261, 4271), as in effect of the date of enactment of 
        this section.
            ``(3) The COO shall not impose a fee or charge for each use 
        of a category of service by a person who is not responsible for 
        remitting tax to the U.S. Treasury under section 4261 or 4271 
        of the Internal Revenue Code of 1986 (26 U.S.C. 4261, 4271), as 
        in effect of the date of enactment of this section.
            ``(4) The COO shall not impose a fee or charge for service 
        for military and civilian aircraft of a foreign government.
    ``(d) Consultation With ATS Subcommittee.--In developing a fee 
schedule, the COO shall consult with the ATS Subcommittee established 
under section 44603 of this title and, to the extent possible, seek to 
develop a consensus.
    ``(e) Notice to Congress.--The COO 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 each fee schedule 60 days before the final fees become 
effective.
    ``(f) Publication of Fee Schedule.--The COO shall publish each fee 
schedule in the Federal Register at least 30 days before the fees 
become effective. The development and publication of a fee schedule 
under this section shall not be subject to the rulemaking provisions of 
title 5, United States Code.
    ``(g) Collection and Availability of Fees.--Fees authorized under 
this subchapter shall be collected and available for obligation only to 
the extent and in the amount provided in advance in appropriations 
acts. Such fees are authorized to be appropriated to remain available 
until expended.
``Sec. 45332. Fees for international aircraft movements
    ``(a) General.--Fees may be imposed under this subchapter on any 
commercial operation involving air traffic control services provided by 
the United States but not subject to tax under section 4261 of title 
26, United States Code, as long as the fees are consistent with 
international agreements.
    ``(b) Fee Payment in Lieu of Overflight Fee.--To the extent that a 
person pays a fee under this subchapter to the ATS for a service, the 
service is not subject to the imposition of a fee under section 45301 
of this title.
``Sec. 45333. Collection of fees
    ``(a) Fees Payable to the ATS.--Notwithstanding section 3302 of 
title 31, all fees imposed and amounts collected under this subchapter 
for the ATS shall be credited to the Airport and Airway Trust Fund as 
specified by chapter 483 of this title and shall be accounted for 
separately within the Fund.
    ``(b) Collection of Payments.--The ATS shall comply with the debt 
collection provisions of subchapter II of chapter 37 of title 31 and 
the Department of Transportation implementing regulations in 49 CFR 
part 89 except that, notwithstanding any other provision of law, the 
ATS shall have the authority to compromise all claims and litigate the 
collection of claims.
``Sec. 45334. Initial imposition of fees; Congressional review 
              procedure
    ``(a) General.--
            ``(1) Subject to the review procedures of this section, the 
        COO shall impose an initial schedule of fees or charges under 
        this subchapter that applies to air traffic services provided 
        after May 15, 2001.
            ``(2) The COO shall issue a final initial fee schedule 
        under this section, after public hearing and comment and 
        consultation with the ATS Subcommittee established under 
        section 44603 of this title, not later than March 1, 2001.
    ``(b) Congressional Reviews.--
            ``(1) Not later than March 1, 2001, the COO shall transmit 
        copies of the final fee schedule issued under this section to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate, and the Committee on Transportation and Infrastructure 
        of the House of Representatives.
            ``(2) The COO may not implement the initial fee schedule if 
        a joint resolution is enacted, in accordance with the 
        provisions of this section, disapproving the schedule before 
        the earlier of the--
                    ``(A) end of the 60-day period beginning on the 
                date on which the fee schedule is transmitted to 
                Congress; or
                    ``(B) adjournment of Congress sine die for the 
                session during which the fee schedule is transmitted.
            ``(3) For purposes of this section, the days on which 
        either House of Congress is not in session because of an 
        adjournment of more than three days to a day certain shall be 
        excluded in the computation of a 60-day period.
    ``(c) Joint Resolution of Disapproval.--
            ``(1) For purposes of this section, the term `joint 
        resolution' means only a joint resolution which is introduced 
        within the 10-day period beginning on the date on which the COO 
        transmits the fee schedule to the Congress under this section, 
        and--
                    ``(A) which does not have a preamble;
                    ``(B) the matter after the resolving clause of 
                which is as follows: `That Congress disapproves the 
                funding proposal submitted by the ATS Chief Operating 
                Officer established by 49 U.S.C. 44603 on ______', the 
                blank space being filled in with the appropriate date; 
                and
                    ``(C) the title of which is as follows: `Joint 
                resolution disapproving the ATS funding proposal 
                submitted by the ATS Chief Operating Officer 
                established by 49 U.S.C. 44603.'
            ``(2) A resolution described in paragraph (1) of this 
        subsection that is introduced in the House of Representatives 
        shall be referred to the Committee on Transportation and 
        Infrastructure of the House of Representatives. A resolution 
        described in paragraph (1) of this subsection introduced in the 
        Senate shall be referred to the Committee on Commerce, Science, 
        and Transportation of the Senate.
            ``(3) If the committee to which a resolution described in 
        paragraph (1) of this subsection is referred has not reported 
        the resolution (or an identical resolution) by the end of the 
        30-day period beginning on the date on which the fee schedule 
        is transmitted to Congress, the committee shall be, at the end 
        of such period, discharged from further consideration of such 
        resolution, and such resolution shall be placed on the 
        appropriate calendar of the House involved.
    ``(d) Consideration.--
            ``(1) On or after the third day after the date on which the 
        committee to which a resolution is referred has reported, or 
        has been discharged (under subsection (c) of this section) from 
        further consideration of, such a resolution, it is in order 
        (even though a previous motion to the same effect has been 
        disagreed to) for any Member of the respective House to move to 
        proceed to the consideration of the resolution. A Member may 
        make the motion only on the day after the calendar day on which 
        the Member announces to the House concerned the Member's 
        intention to make the motion, except that, in the case of the 
        House of Representatives, the motion may be made without such 
        prior announcement if the motion is made by direction of the 
        committee to which the resolution was referred. All points of 
        order against the resolution (and against consideration of the 
        resolution) are waived. The motion is highly privileged in the 
        House of Representatives and is privileged in the Senate and is 
        not debatable. The motion is not subject to amendment, or to a 
        motion to postpone, or to a motion to proceed to the 
        consideration of other business. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of the 
        resolution is agree to, the respective House shall immediately 
        proceed to consideration of the joint resolution without 
        intervening motion, order, or other business, and the 
        resolution shall remain the unfinished business of the 
        respective House until disposed of.
            ``(2) Debate on the resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 2 hours, which shall be divided equally 
        between those favoring and those opposing the resolution. An 
        amendment to the resolution is not in order. A motion further 
        to limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution is not in 
        order. A motion to reconsider the vote by which the resolution 
        is agreed to or disagreed to is not in order.
            ``(3) Immediately following the conclusion of the debate on 
        a resolution described in subsection (c) of this section and a 
        single quorum call at the conclusion of the debate if requested 
        in accordance with the rules of the appropriate House, the vote 
        on final passage of the resolution shall occur.
            ``(4) Appeals from the decisions of the Chairperson 
        relating to the application of the rules of the Senate or the 
        House of Representatives, as the case may be, to the procedure 
        relating to a resolution described in subsection (c) of this 
        section shall be decided without debate.
    ``(e) Consideration by Other House.--
            ``(1) If, before the passage by one House of a resolution 
        of that House described in subsection (c) of this section, that 
        House receives from the other House a resolution described in 
        subsection (c), then the following procedures shall apply:
                    ``(A) The resolution of the other House shall not 
                be referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
passage as provided in clause (B)(ii) of this paragraph.
                    ``(B) With respect to a resolution of the House 
                receiving the resolution--
                            ``(i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the other House; but
                            ``(ii) the vote on final passage shall be 
                        on the resolution of the other House.
            ``(2) Upon disposition of the resolution received from the 
        other House, it shall no longer be in order to consider the 
        resolution that originated in the receiving House.
    ``(f) Rules of the Senate and House.--Subsections (b)-(f) of this 
section are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such are 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution describe in subsection 
        (a) of this section, and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
    ``(g) Certification of Delay.--In the event that the COO is unable 
to transmit to Congress by March 1, 2001, the initial schedule of fees 
or charges imposed under this subchapter, the COO shall certify to 
Congress the basis for the delay and shall advise Congress of the 
earliest practicable date for compliance with the notice and review 
requirements of this section.''.
    ``(b) Conforming Amendments.--
            ``(1) Section 45303(c) is amended by striking 
        ``Administration,'' the first place it appears and substituting 
        ``Administration (other than under section 45305 and Subchapter 
        II of this chapter),''.
            ``(2) The analysis of chapter 453 is amended to read as 
        follows:
                  ``subchapter i--general requirements
``45301. General provisions.
``45302. Fees involving aircraft not providing air transportation.
``45303. Administrative provisions.
``45304. Maximum fee for private person services.
``45305. Transiti``subchapter ii--air traffic services
``45331. Air traffic service fees.
``45332. Fees for international aircraft movements.
``45333. Collection of fees.
``45334. Initial imposition of fees; Congressional review procedure.''.

SEC. 505. FINANCING A PERFORMANCE BASED ORGANIZATION FOR AIR TRAFFIC 
              SERVICES.

    (a) Subtitle VII is amended by inserting after chapter 482 the 
following:

   ``CHAPTER 483--FINANCING A PERFORMANCE BASED ORGANIZATION FOR AIR 
                            TRAFFIC SERVICES

                              ``Sec. 48301. Deposit and use of ATS fees
                              ``Sec. 48302. Authorization of 
                                        appropriations
``Sec. 48301. Deposit and use of ATS fees
    ``(a) Deposits to Airport and Airway Trust Fund.--There shall be 
deposited into the Airport and Airway Trust Fund (26 U.S.C. 9502)--
            ``(1) fees and amounts collected under subchapter II of 
        chapter 453 of this title;
            ``(2) fees collected under section 45305; and
            ``(3) any other amounts the ATS is authorized to collect.
    ``(b) Expenditures of Funds Deposited.--
            ``(1) The funds deposited under subsection (a) shall be 
        available without fiscal-year limitation for the payment of all 
        obligations that the performance-based organization for air 
        traffic services established by section 44602 of this title 
        (hereinafter referred to as the ATS) incurs in carrying out its 
        functions, powers, and duties under chapter 446 of this title.
            ``(2) Deposits under subsection (a) are available to the 
        extent and in the amounts provided for by appropriations acts.
``Sec. 48302. Authorization of appropriations
    ``(a) General.--On and after May 15, 2001, there is authorized to 
be appropriated without fiscal-year limitation to the performance-based 
organization for air traffic services established by section 44602 of 
this title (hereinafter referred to as the ATS) the amounts set forth 
in subsections (b), (c), and (d) of this section, to carry out powers, 
functions, and duties established under chapter 446 of this title.
    ``(b) Air Traffic User Fees.--In each of fiscal years 2001-2004, 
there is authorized to be appropriated from the Airport and Airway 
Trust Fund an amount from fees and charges collected as may be 
necessary for each of fiscal years 2001-2004.
    ``(c) General Aviation Fuel Taxes.--In each of fiscal years 2001-
2004, there is authorized to be appropriated from the Airport and the 
Airway Trust Fund amounts equivalent to the amounts paid after May 15, 
2001, in respect of aviation fuels, including gasoline, used in non-
commercial aircraft under sections 4041(c), 4081, and 4091 of title 26, 
United States Code (26 U.S.C. 4041(c), 4081, 4091).
    ``(d) Other Funding.--In each of fiscal years 2001-2004, there is 
authorized to be appropriated from the Airport and the Airway Trust 
Fund such sums as may be necessary for each fiscal years 2001-2004.''.
    (b) Conforming Amendment.--The analysis of Subtitle VII is amended 
by adding the following after the entry for chapter 482:

   ``CHAPTER 483. FINANCING A PERFORMANCE BASED ORGANIZATION FOR AIR 
                       TRAFFIC SERVICES 48301''.

SEC. 506. ADJUSTMENT OF CERTAIN AVIATION EXCISE TAXES.

    (a) In General.--On the date on which the Budget of the United 
States Government is transmitted to Congress in 2000, and on that date 
in each year thereafter, if the sum of revenue from fees projected to 
be collected under section 45305 and subchapter II of this title in the 
upcoming fiscal year and amounts equivalent to excise taxes projected 
to be credited to the Airport and Airway Trust Fund in that fiscal year 
does not equal the budgetary requirements for the Federal Aviation 
Administration for the succeeding year, as shown in the Budget of the 
United States Government for the upcoming fiscal year, aviation excise 
taxes that would otherwise be imposed in the upcoming fiscal year shall 
be adjusted as follows:
            (1) Passenger ticket tax.--The rate of tax imposed under 
        section 4261(a) of the Internal Revenue Code of 1986 (26 U.S.C. 
        4261(a)) is adjusted pursuant to the calculation made for each 
        fiscal year under subsection (b) of this section.
            (2) International arrivals and departures.--The rate of tax 
        imposed under section 4261(c) of the Internal Revenue Code of 
        1986 (26 U.S.C. 4261(c)) is adjusted pursuant to the 
        calculation made for each fiscal year under subsection (b) of 
        this section.
            (3) Air cargo.--The rate of tax imposed under section 4271 
        of the Internal Revenue Code of 1986 (26 U.S.C. 4271) is 
        adjusted pursuant to the calculation made for each fiscal year 
        under subsection (b) of this section.
            (4) Domestic passenger flight segments.--The rate of tax 
        imposed under section 4261(b) of the Internal Revenue Code of 
        1986 (26 U.S.C. 4261(b)) is adjusted pursuant to the 
        calculation made for each fiscal year under subsection (b) of 
        this section.
            (5) Passenger ticket tax at rural airports.--The rate of 
        tax imposed under section 4261(e)(1) of the Internal Revenue 
        Code of 1986 (26 U.S.C. 4261(e)(1)) is adjusted pursuant to the 
        calculation made for each fiscal year under subsection (b) of 
        this section.
            (6) Frequent flyer tax.--The rate of tax imposed under 
        section 4261(e)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 4261(e)(3)) is adjusted pursuant to the calculation made 
        for each fiscal year under subsection (b) of this section.
            (7) Commercial aviation fuel tax.--The rate of tax not 
        exempted under section 4291(b)(2) of the Internal Revenue Code 
        of 1986 (26 U.S.C. 4291(b)(2)) is adjusted pursuant to the 
        calculation made for each fiscal year under subsection (b) of 
        this section.
    (b) Calculation.--On the date on which the Budget of the United 
States Government is transmitted to Congress in 2000, and on that date 
in each year thereafter, the Secretary of the Treasury, in consultation 
with the Secretary of Transportation, shall calculate a percent figure 
for the upcoming fiscal year as follows:
            (1) The Secretary of the Treasury shall estimate the 
        budgetary requirements for the Federal Aviation Administration 
        for the succeeding fiscal year based on the Budget of the 
        United States Government.
            (2) The Secretary of the Treasury shall estimate the mount 
        of user fees imposed under 49 U.S.C. 45305, 45331, and 45332 to 
        be collected for the upcoming fiscal year.
            (3) The Secretary of the Treasury shall estimate the 
        receipts in the upcoming fiscal year from taxes that, but for 
        this section, would be imposed under sections 4261(a) 
        (passenger ticket tax), 4261(c) (international arrivals and 
        departures), 4271 (transportation of property) of the Internal 
        Revenue Code of 1986, 4261(b) (domestic passenger flight 
        segments), 4261(e)(1) (passenger ticket tax-rural airports), 
        and 4261(e)(3) (frequent flyer tax).
            (4) On the date on which the Budget of the United States 
        Government is transmitted to Congress in 2002, and on that date 
        in each year thereafter, the Secretary of Treasury shall 
        calculate the amount that actual budget resources, in the 
        fiscal year that is one year earlier than the current year, and 
        user fee and tax receipts credited to the Airport and Airway 
        Trust Fund, in the fiscal year that is two years earlier than 
        the current year, varied from the amounts projected in the 
        calculation previously made for the fiscal year that is two 
        years earlier than the current year under this subsection or 
        section 45305(d). The resulting positive or negative amount 
        shall be added to the estimated amount calculated under 
        paragraph (3).
            (5) The Secretary of the Treasury shall subtract the amount 
        calculated under paragraph (2) from the amount calculated under 
        paragraph (1) and divide that result by the amount calculated 
        under paragraph (3), after any adjustment under paragraph (4). 
        If the result is less than 1, subtract the resulting percentage 
        from 100 percent. The percent that taxes are to be reduced for 
        the upcoming fiscal year under subsection (a) is the result of 
        this calculation. If the result is greater than 1, subtract 1 
        from the result. The percent that taxes are to be increased for 
        the upcoming fiscal year under subsection (a) is the result of 
        this calculation.

                      TITLE VI--FAMILY ASSISTANCE

SEC. 601. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.

    (a) Prohibition on Unsolicited Communications.--
            (1) In general.--Section 1136(g)(2) is amended--
                    (A) by inserting after ``transportation,'' the 
                following: ``and in a case involving a foreign air 
                carrier and an accident that occurs within the United 
                States,'';
                    (B) by inserting after ``attorney'' the following: 
                ``(including any associate, agent, employee, or other 
                representative of the attorney)''; and
                    (C) by striking ``30th day'' and inserting ``45th 
                day''.
            (2) Enforcement.--
                    (A) Section 1113(a)(4) is amended by striking 
                ``Board,'' and substituting ``Board, or takes an action 
                prohibited by section 1136(g) of this title,''.
                    (B) Section 1151 is amended by inserting 
                ``1136(g),'' 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 to assist at 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 Non-Revenue 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.''.
    (e) Family Support Clarifications.--
            (1) Section 1136(c)(4) is amended by deleting ``, 
        government agencies, and the air carrier or foreign air carrier 
        involved''.
            (2) The phrase ``family affairs'' is substituted for 
        ``family support services'' wherever it appears in sections 
        1136, 41113, and 41313.

SEC. 602. 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 the status 
        of the review of the verification of the passenger manifest, 
        including whether the passenger's name appeared on a 
        preliminary passenger manifest for the flight involved in the 
        accident.''.
            (2) Training of employees and agents.--Section 41113(b) is 
        further amended by adding at the end the following:
            ``(15) An assurance that the air carrier will provide 
        adequate training to the employees and agents of the carrier to 
        meet the needs of survivors and family members following an 
        accident.''.
            (3) Submission of updated plans.--The amendments made by 
        paragraphs (1) and (2) shall take effect on the 180th day 
        following the date of enactment of this Act. On or before such 
        180th day, each air carrier holding a certificate of public 
        convenience and necessity under section 41102 of title 49, 
        United States Code, shall submit to the Secretary of 
        Transportation and the Chairman of the National Transportation 
        Safety Board an updated plan under section 41113 of such title 
        that meets the requirement of the amendments made by paragraphs 
        (1) and (2).
            (4) 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.''.
    (d) Consultation on Carrier Response Not Covered by a Plan.--
Section 41113(c), as amended by this section, is further amended by 
striking ``of such application'' and all that follows and substituting 
the following: ``of such application--
            ``(1) a plan that meets the requirements of subsection (b); 
        and
            ``(2) an agreement that, in the event that the air carrier 
        volunteers assistance to United States citizens within the 
        United States in the case of an aircraft accident outside the 
        United States involving major loss of life, the air carrier 
        will consult with the Board and the Department of State on the 
        provision of assistance.''.

SEC. 603. FOREIGN AIR CARRIER PLANS.

    (a) Inclusion of Non-Revenue Passengers in Family Assistance 
Coverage.--Section 41313(a)(2) is amended to read as follows:
            ``(2) Passenger.--The term `passenger' has the meaning 
        given such term by section 1136 of this title.''.
    (b) Accidents for Which Plan Is Required.--Section 41313(b) is 
amended by striking ``significant'' and inserting ``major''.
    (c) Contents of Plans.--
            (1) In general.--Section 41313(c) is amended by adding at 
        the end the following:
            ``(15) An assurance that, upon request of the family of a 
        passenger, the air carrier will inform the family of the status 
        of review of the verification of the passenger manifest, 
        including whether the passenger's name appeared on a 
        preliminary passenger manifest for the flight involved in the 
        accident.
            ``(16) An assurance that the foreign air carrier will 
        provide adequate training to the employees and agents of the 
        carrier to meet the needs of survivors and family members 
        following an accident.''.
            (2) Submission of updated plans.--The amendment made by 
        paragraph (1) shall take effect on the 180th day following the 
        date of enactment of this Act. On or before such 180th day, 
        each foreign air carrier providing foreign air transportation 
        under chapter 413 of title 49, United States Code, shall submit 
        to the Secretary of Transportation and the Chairman of the 
        National Transportation Safety Board an updated plan under 
        section 41313 of such title that meets the requirement of the 
        amendment made by paragraph (1).
    (d) Consultation on Carrier Response Not Covered by a Plan.--
Section 431313(d) is amended by striking ``request for exemption'' and 
all that follows and inserting the following: ``request for exemption--
            ``(1) a plan that meets the requirements of subsection (c); 
        and
            ``(2) an agreement that, in the event that the foreign air 
        carrier volunteers assistance to United States citizens within 
        the United States in the case of an aircraft accident outside 
        the United States involving major loss of life, the foreign air 
        carrier will consult with the Board and the Department of State 
        on the provision of assistance.''.

SEC. 604. 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 VII--PASSENGER SERVICE AVAILABILITY; MAIL RATES

SEC. 701. NON-DISCRIMINATION IN AIRLINE TRAVEL.

    (a) Section 41310(a) is amended by redesignating the existing 
paragraph as paragraph 41310(a)(1).
    (b) Section 41310(a)(1), as redesignated, is amended by striking 
``person,''.
    (c) Section 41310(a) is further amended by adding the following at 
the end:
            ``(2) An air carrier or foreign air carrier may not subject 
        a person in foreign air transportation to unreasonable 
        discrimination, including discrimination on the basis of race, 
        color, national origin, religion, or sex.
            ``(3) Subject to the restriction of section 40105(b) of 
        this title, in providing foreign air transportation, a foreign 
        air carrier may not discriminate against an otherwise qualified 
        individual on the following grounds:
                    ``(A) the individual has a physical or mental 
                impairment that substantially limits one or more major 
                life activities.
                    ``(B) the individual has a record of such 
                impairment.
                    ``(C) the individual is regarded as having such an 
                impairment.''.
    (d) Section 41702 is amended by redesignating the existing text as 
subsection 41702(a), with ``Safe and Adequate Air Transportation'' as 
the caption.
    (e) Section 41702 is further amended by adding the following at the 
end:
    ``(b) Discrimination Against Persons.--An air carrier may not 
subject a person in interstate air transportation to unreasonable 
discrimination, including discrimination on the basis of race, color, 
national origin, religion, or sex.''.
    (f) Section 46107 is amended by adding the following new subsection 
at the end:
    ``(d) Civil Actions To Enforce Sections 41310(a)(2), 41310(a)(3), 
41702(b), 41702(b), and 41705.--
            ``(1) The Attorney General may act to enforce sections 
        41310(a)(2), 41310(a)(3), 41702(b), and 41705 of this title by 
        instituting a civil proceeding seeking damages for persons 
        injured as a result of past violations of those sections and 
        for preventive relief, including an application for a permanent 
        or temporary injunction, restraining order or other order, 
        whenever the Attorney General--
                    ``(A) determines that the matters alleged are of 
                general public importance or where there is evidence of 
                a pattern or practice of discrimination; or
                    ``(B) agrees with the Secretary of Transportation's 
                referral of a complaint alleging a violation of 
                sections 41310(a)(2), 41310(a)(3), 41702(b), or 41705 
                filed with the Department of Transportation.
            ``(2) Prior to instituting any action authorized by this 
        paragraph, the Attorney General shall pursue alternate methods 
        of dispute resolution in an attempt to resolve the matter.''.
    (g) Section 46301(a) is amended by adding the following new section 
46301(a)(7):
            ``(7) Notwithstanding paragraph (1), the maximum civil 
        penalty for violating sections 41310(a)(2), 41310(a)(3), 
        41702(b), or 41705 shall be $10,000 instead of $1,000.''.
    (h)(1) Chapter 461 is amended by adding the following at the end:
``Sec. 46111. Enforcement of discrimination provisions by interested 
              persons
    ``(a) Civil Actions.--Whenever a person has engaged, or there are 
reasonable grounds to believe that a person is about to engage, in any 
act or practice prohibited by sections 41310(a)(2), 41310(a)(3), 
41702(b), or 41705 of this title, a civil action for damages, for past 
activity, and for preventive relief, including an application for a 
permanent or temporary injunction, restraining order, or other order, 
may be instituted by the person aggrieved and, upon timely application, 
the court may, in its discretion, permit the Attorney General to 
intervene in such civil action if the Attorney General certifies that 
the case is of general public importance.
    ``(b) Attorney's Fees.--In any action commenced under sections 
41310(a)(2), 41310(a)(3), 41702(b), or 41705 of this title, the court, 
in its discretion, may allow the prevailing party, other than the 
United States, a reasonable attorney's fee as part of the costs.''.
            (2) The analysis for Chapter 461 is amended by the addition 
        at the end of the following:

``46111. Enforcement of discrimination provisions by interested 
                            persons.''.

SEC. 702. AIRLINE SERVICE RESTORATION PILOT PROGRAM.

    (a) Chapter 417 is amended by adding the following at the end:

             ``SUBCHAPTER III--AIRLINE SERVICE RESTORATION

``Sec. 41761. Pilot program project authority
    ``(a) General.--The Secretary of Transportation shall establish a 
pilot program to assist communities and states with inadequate access 
to the national transportation system to improve their access to the 
system.
    ``(b) Project Authority.--Under the pilot program established under 
subsection (a), the Secretary may--
            ``(1) provide financial assistance by way of grants to 
        small communities under this chapter; and
            ``(2) take such other action as may be appropriate.
    ``(c) Other Action.--Under the pilot program established under 
subsection (a), the Secretary may facilitate service by--
            ``(1) working with airports and air carriers to ensure that 
        appropriate facilities are made available at an essential 
        airport facility, as defined in section 41717 of this title;
            ``(2) requiring interline or joint-fare agreements between 
        air carriers for domestic United States service if necessary to 
        facilitate access to an essential airport facility, as defined 
        in section 41717 of this title, for participants in the 
        program, subject to the right of a carrier being required to 
        enter into such agreements to impose reasonable safety, 
        service, and other obligations on the potential partner;
            ``(3) collecting data on air carrier service to small 
        communities; and
            ``(4) providing policy recommendations to stimulate air 
        service and competition to small communities.
``Sec. 41762. Assistance to communities for service
    ``(a) General.--
            ``(1) Financial assistance provided under this subchapter 
        as part of the pilot program established under section 41761(a) 
        shall be implemented at any time for not more than--
                    ``(A) four communities within a state; and
                    ``(B) 40 communities in the entire program.
            ``(2) In this section, a `community' includes a group or 
        consortium of communities acting as a single applicant.
    ``(b) Eligibility.--To participate in a pilot project under this 
subchapter, a state, community, or group of communities shall apply to 
the Secretary in such form and at such time, and shall supply such 
information, as the Secretary may require, and shall demonstrate to the 
satisfaction of the Secretary that--
            ``(1) the applicant has an identifiable need for access, or 
        improved access, to the national air transportation system that 
        would benefit the public;
            ``(2) the pilot project will provide material benefits to a 
        broad section of the traveling public, businesses, educational 
        institutions, and other enterprises whose access to the 
        national air transportation system is limited;
            ``(3) the pilot project will not impede competition; and
            ``(4) the applicant has established, or will establish, 
        public-private partnerships in connection with the pilot 
        project to facilitate service to the public; and
            ``(5) the pilot project will not impose adverse 
        environmental impacts.
    ``(c) Coordination With Subchapter II.--The Secretary shall carry 
out this subchapter in such a manner as to complement action taken 
under subchapter II of this chapter. To the extent the Secretary 
determines to be appropriate, the Secretary may adopt criteria for 
implementation of this subchapter that are the same as, or similar to, 
the criteria developed under subchapter II for determining which 
airports are eligible under that subchapter.
    ``(d) Maximization of Participation.--The Secretary shall structure 
the program established under section 41761(a) in a way designed to--
            ``(1) permit the participation of the maximum feasible 
        number of communities over a 5-year period by limiting the 
        number of years of participation or otherwise; and
            ``(2) obtain the greatest possible leverage from the 
        financial resources available to the Secretary and the 
        applicant by--
                    ``(A) progressively decreasing, on a project-by-
                project basis, any federal financial incentives 
                provided under this chapter over the 5-year period; and
                    ``(B) terminating as early as feasible federal 
                financial incentives for any project determined by the 
                Secretary after its implementation to be--
                            ``(i) viable without further support under 
                        this subchapter; or
                            ``(ii) failing to meet the purposes of this 
                        chapter or criteria established by the 
                        Secretary under the pilot program.
    ``(e) Success Bonus.--If federal financial incentives to a 
community are terminated under subparagraph (d)(2)(B) because of the 
success of the program in that community, then that community may 
receive a one-time incentive grant to ensure the continued success of 
the program.
    ``(f) Program to Terminate in 5 Years.--No new financial assistance 
may be provided under this subchapter for any fiscal year beginning 
more than 5 years after the date of enactment of authorizations for 
this subchapter.
    ``(g) Limits on Financial Assistance.--The Secretary may not 
provide financial assistance under this subchapter to a community in a 
fiscal year in excess of the lesser of--
            ``(1) up to 75 percent of the total annual financial 
        assistance involved in the service; or
            ``(2) $500,000.
``Sec. 41763. Additional authority
    ``In carrying this subchapter, the Secretary--
            ``(1) may provide assistance to states and communities in 
        the design and application phase of any project under this 
        chapter, and oversee the implementation of any such project;
            ``(2) may assist states and communities in putting together 
        projects under this chapter to utilize private sector 
        resources, other Federal resources, or a combination of public 
        and private resources;
            ``(3) may accord priority to service by jet aircraft;
            ``(4) may take such action as may be necessary to ensure 
        that financial resources, facilities, and administrative 
        arrangements made under this chapter are used to carry out the 
        purpose of this subchapter; and
            ``(5) shall work with the Federal Aviation Administration 
        on airport and air traffic control needs of communities in the 
        program.
``Sec. 41764. Authorization of appropriations
    ``(a) General.--There is authorized to be appropriated not more 
than $25,000,000 from fiscal year 2001 through 2005 to carry out this 
subchapter.
    ``(b) Success Bonus.--If the Secretary determines that the program 
carried out under this subchapter is successful in providing enhanced 
air carrier service to small communities, there is authorized to be 
appropriated an additional amount, not in excess of $5,000,000, for 
each of fiscal years 2004 and 2005 to carry out this subchapter out of 
the funds.''.
    (b) The analysis for Chapter 417 is amended by the addition at the 
end of the following:

             ``SUBCHAPTER III--AIRLINE SERVICE RESTORATION

``41761. Pilot program project authority.
``41762. Assistance to communities for service.
``41763. Additional authority.
``41764. Authorization of appropriations.''.

SEC. 703. WAIVER OF LOCAL CONTRIBUTION.

    Section 41736(b)(4) is amended by inserting ``in the case of a 
community approved for service under this section before October 1, 
1991, or after December 31, 1997,'' before ``the State or''.

SEC. 704. JOINT FARES AND INTERLINE AGREEMENTS.

    (a) Subchapter I of chapter 417 is amended by adding at the end the 
following:
``Sec. 41717. Joint fares and interline agreements for domestic 
              transportation
    ``(a) Definitions.--In this section--
            ``(1) Qualifying air carrier.--The term `qualifying air 
        carrier' means an air carrier that operates under a certificate 
        of public convenience and necessity under chapter 411 of this 
        title.
            ``(2) Under-served market.--The term `under-served market' 
        means a commercial service airport that is a nonhub airport (as 
        defined in section 41731 of this title), a small hub airport 
        (as defined in section 41731 of this title), or an airport that 
        is smaller than a small hub airport.
            ``(3) Essential airport facility.--The term `essential 
        airport facility' means at large hub airport (as defined in 
        section 41731 of this title) in the contiguous 48 states at 
        which one carrier has more than 50 percent of total annual 
        enplanements.
    ``(b) Secretary May Compel Joint Fare Structure.--If the Secretary 
of Transportation determines that it is necessary to facilitate service 
to a small community, the Secretary, may require an air carrier that 
serves an essential airport facility to enter into a joint-fare or 
interline agreement, that the Secretary determines is reasonable, with 
a qualifying air carrier that serves an underserved market to 
facilitate air transportation in the market.''.
    (b) The analysis for subchapter I of chapter 417 is amended by 
inserting at the end the following:

``41717. Joint fares and interline agreements for domestic 
                            transportation.''.

SEC. 705. 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.
            ``(17) ensuring that slots provided to air carriers to 
        provide small community air service are withdrawn if the 
        carrier fails to provide the service.''.

SEC. 706. CLARIFICATION OF AIR CARRIER CODESHARING OBLIGATIONS.

    Section 41739 is amended to read as follows:
``Sec. 41739. Air carrier obligations
    ``If at least 2 air carriers make an agreement to operate under or 
use a single carrier designator code to provide air transportation, the 
carrier whose code is being used shares responsibility with the other 
carriers for the level and quality of transportation provided the 
public under the code by the other carriers, including providing full 
service at Essential Air Service communities under subchapter II of 
this chapter.''.

SEC. 707. REPEAL OF MAIL RATE-SETTING AUTHORITY.

    (a) Effective December 31, 1998, section 4(k) of the Act of July 5, 
1994 (Public Law 103-272, 108 Stat. 1370), as amended by section 
7(a)(3)(D) of the Act of October 31, 1994 (Public Law 103-429, 108 
Stat. 4329), is repealed.
    (b) Section 41901(a) is amended to read as follows:
    ``(a) Title 39.--The United States Postal Service may provide for 
the transportation of mail by aircraft in air transportation under this 
chapter and under chapter 54 of title 39.''.
    (c) In section 41902(b)
            (1) strike clause (1);
            (2) redesignate clauses (2), (3), and (4) as clauses (1), 
        (2), and (3), respectively; and
            (3) in clause (2), as redesignated, strike ``clauses (1) 
        and (2)'' and substitute ``clause (1)''.
    (d) Section 41907(b) is repealed.
    (e) Sections 41107, 41901(b), 41902(a), 41903(a), and 41903(b) are 
amended by striking ``in foreign air transportation or''.
    (f) Effective Date.--The amendments made by subsection (b)-(e) of 
this section take effect October 1, 2000.

SEC. 708. ACCESS TO HIGH DENSITY AIRPORTS.

    (a) Effective September 30, 2004, 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) Effective September 30, 2000, a two-engine jet aircraft with a 
design capacity of 70 or fewer passenger seats, manufactured after 
January 1, 1992, that has an effective perceived noise level on takeoff 
not exceeding 83 decibels when measured according to the procedures 
specified in Part 36 of Title 14, Code of Federal Regulations, shall 
not be subject to the requirements of Subparts K and S of Part 93 of 
title 14, Code of Federal Regulations, at an airport other than Ronald 
Reagan Washington National Airport.

         TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

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

    Effective October 1, 1999, there are transferred to the Department 
of Transportation and vested in the Secretary of Transportation the 
functions, powers, and duties of the Secretary of Commerce and other 
officers of the Department of Commerce that relate to the Office of 
Aeronautical Charting and Cartography and are set forth in 49 U.S.C. 
304, as amended.

SEC. 802 TRANSFER OF OFFICE, PERSONNEL AND FUNDS.

    (a) Effective October 1, 1999, the Office of Aeronautical Charting 
and Cartography of the National Oceanic and Atmospheric Administration, 
Department of Commerce, is transferred to the Department of 
Transportation.
    (b) Effective October 1, 1999, the personnel employed in connection 
with, and the assets, liabilities, contracts, property, equipment, 
facilities, records, and unexpended balance of appropriations, and 
other funds employed, held, used, arising from, available to, or to be 
made available in connection with the function and offices, or portions 
of offices, transferred by this Act, including all Senior Executive 
Service positions, subject to section 1531 of title 31, United States 
Code, are transferred to the Secretary of Transportation for 
appropriate allocation. Personnel employed in connection with functions 
transferred by this Act transfer under any applicable law and 
regulation relating to transfer of functions. Unexpended funds 
transferred under this section shall be used only for the purposes for 
which the funds were originally authorized and appropriated, except 
that funds may be used for expenses associated with the transfer 
authorized by this Act.

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

    (a) Section 304 of title 49, United States Code, is amended to read 
as follows:

``SEC. 304. AERONAUTICAL CHARTS AND RELATED PRODUCTS AND SERVICES.

    ``(a) General.--The Secretary of Transportation is invested with 
and shall exercise, effective October 1, 1999, the functions, powers, 
and duties of the Secretary of Commerce and other officers of the 
Department of Commerce that relate to the Office of Aeronautical 
Charting and Cartography to provide aeronautical charts and related 
products and services for the safe and efficient navigation of air 
commerce, under the following authorities:
            ``(1) 33 U.S.C. 883a-883j.
            ``(2) 44 U.S.C. 1307.
            ``(3) Pub. L. 103-317, Title II.
    ``(b) Authority To Conduct Surveys.--To provide aeronautical charts 
and related products and services for the safe and efficient navigation 
of air commerce, and to provide basic data for engineering and 
scientific purposes and for other commercial and industrial needs, the 
Secretary of Transportation is authorized to conduct the following 
activities:
            ``(1) aerial and field surveys for aeronautical charts.
            ``(2) other airborne and field surveys when in the best 
        interest of the United States Government.
            ``(3) acquiring, owning, operating, maintaining and 
        staffing aircraft in support of surveys.
    ``(c) Additional Authority.--In order that full public benefit may 
be derived from the dissemination of data resulting from activities 
under this section and of related data from other sources, the 
Secretary of Transportation is authorized to conduct the following 
activities:
            ``(1) developing, processing, disseminating and publishing 
        of digital and analog data, information, compilations, and 
        reports;
            ``(2) compiling, printing, and disseminating aeronautical 
        charts and related products and services of the United States, 
its Territories, and possessions.
            ``(3) compiling, printing, and disseminating aeronautical 
        charts and related products and services covering international 
        airspace as are required primarily by United States civil 
        aviation.
            ``(4) compiling, printing and disseminating nonaeronautical 
        navigational, transportation or public-safety-related products 
        and services when in the best interests of the United States 
        Government.
    ``(d) Contract, Cooperative Agreements, Grants, and Other 
Agreements.--
            ``(1) The Secretary of Transportation is authorized to 
        contract with qualified organizations for the performance of 
        any part of the authorized functions of the Office of 
        Aeronautical Charting and Cartography when the Secretary deems 
        such procedure to be in the public interest and will not 
        compromise public safety.
            ``(2) The Secretary of Transportation is authorized to 
        enter into cooperative agreements, grants, reimbursable 
        agreements, memoranda of understanding and other agreements, 
        with a State, subdivision of a State, Federal agency, public or 
        private organization, or individual, to carry out the purposes 
        of this section.
    ``(e) Special Services and Products.--
            ``(1) The Secretary of Transportation is authorized, at the 
        request of a State, subdivision of a State, federal agency, 
        public or private organization, or individual, to conduct 
        special services, including making special studies, or 
        developing special publications or products on matters relating 
        to navigation, transportation or public safety.
            ``(2) The Secretary of Transportation shall assess a fee 
        for any special service provided under paragraph (1). A fee 
        shall be not more than the actual or estimated full cost of the 
        service. A fee may be reduced or waived for research 
        organizations, educational organizations, or non-profit 
        organizations, when the Secretary of Transportation determines 
        that reduction or waiver of the fee is in the best interest of 
        the United States Government by furthering public safety.
    ``(f) Sale and Dissemination of Aeronautical Products; Use of 
Fees.--
            ``(1) Aeronautical products created or maintained under the 
        authority of this section shall be sold at prices established 
        annually by the Secretary of Transportation consistent with the 
        following:
                    ``(A) Subject to subparagraph (B), the price of an 
                aeronautical product sold to the public shall be not 
                more than necessary to recover all costs attributable 
                to--
                            (i) data base management and processing;
                            (ii) compilation;
                            (iii) printing or other types of 
                        reproduction; and
                            (iv) dissemination of the product.
                    ``(B) The Secretary of Transportation shall, in 
                consultation with the Administrator of the Federal 
                Aviation Administration, adjust the price of an 
                aeronautical product and service sold to the public as 
                necessary to avoid any adverse impact on aviation 
                safety attributable to the price specified under this 
                paragraph.
                    ``(C) A price established under this paragraph may 
                not include costs attributable to the acquisition of 
                aeronautical data.
            ``(2) The Secretary shall publish annually the prices at 
        which aeronautical products are sold to the public.
            ``(3) The Secretary of Transportation may distribute 
        aeronautical products and provide aeronautical services--
                    ``(A) without charge to each foreign government or 
                international organization with which the Secretary or 
                a federal agency has an agreement for exchange of these 
                products or services without cost;
                    ``(B) at prices the Secretary establishes, to the 
                departments and officers of the United States requiring 
                them for official use; and
                    ``(C) at reduced or no charge where, in the 
                judgment of the Secretary, furnishing the aeronautical 
                product or service to a recipient is a reasonable 
                exchange for voluntary contribution of information by 
                the recipient to the activities under this section.
            ``(4) The fees provided for in this subsection are for the 
        purpose of reimbursing the United States Government for the 
        costs of creating, printing and disseminating aeronautical 
        products and services under this section. The collection of 
        fees authorized by this section does not alter or expand any 
        duty or liability of the Government under existing law for the 
        performance of functions for which fees are collected, nor does 
        the collection of fees constitute an express or implied 
        undertaking by the Government to perform any activity in a 
        certain manner. Nothing in this section or the Federal Aviation 
        Administration Authorization Act of 1999 (the Act) shall be 
        construed to allow the Department of Transportation to retain 
        any monies that, as of the date of enactment of the Act, are 
        required to be deposited to the general fund of the Treasury.
    ``(g) Authority of Secretary of Commerce.--Nothing in this section 
shall limit the Secretary of Commerce's authority to conduct activities 
for the safe navigation of marine and air commerce.''.
    (b) Item 304 in the analysis of chapter 3 of title 49, United 
States Code, is amended to read as follows:

``Sec. 304. Aeronautical charts and related products and services.''.

SEC. 804. SAVINGS PROVISION.

    (a) Continued Effectiveness of Directives.--All orders, 
determinations, rules, regulations, permits, contracts, certificates, 
licenses, privileges, and financial assistance that--
            (1) have been issued, made, granted, or allowed to become 
        effective by the President of the United States, the Secretary 
        of Commerce, the National Oceanic and Atmospheric 
        Administration (NOAA) Administrator, any federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
the performance of functions which are transferred by this Act; and
            (2) are in effect on the date of transfer, shall continue 
        in effect according to their terms until modified, terminated, 
        superseded, set aside, or revoked in accordance with law by the 
        President of the United States, the Secretary of 
        Transportation, a court of competent jurisdiction, or by 
        operation of law.
    (b) Continued Effectiveness of Pending Actions.--
            (1) The provisions of this Act shall not affect any 
        proceedings, including notices of proposed rulemaking, or any 
        application for any license, permit, certificate, or financial 
        assistance pending on the date of transfer before the 
        Department of Commerce or the NOAA Administrator, or any 
        officer thereof with respect to functions transferred by this 
        Act; but such proceedings or applications, to the extent that 
        they relate to functions transferred, shall be continued in 
        accord with transition guidelines promulgated by the Secretary 
        of Transportation under the authority of this section. Orders 
        issued in any such proceeding shall continue in effect until 
        modified, terminated, superseded, or revoked by the Secretary 
        of Transportation, by a court of competent jurisdiction, or by 
        operation of law. Nothing in this subsection prohibits the 
        discontinuance or modification of any such proceeding under the 
        same terms and conditions and to the same extent that such 
        proceeding could have been discontinued or modified if this Act 
        had not been enacted.
            (2) The Secretary of Commerce, the NOAA Administrator, and 
        the Secretary of Transportation are authorized to issue 
        transition guidelines providing for the orderly transfer of 
        proceedings and otherwise to accomplish the orderly transfer of 
        functions, personnel and property under this Act.
    (c) Continued Effectiveness of Judicial Actions.--No cause of 
action by or against the Department of Commerce or the National Oceanic 
and Atmospheric Administration with respect to functions transferred by 
this Act, or by or against any officer thereof in the official's 
capacity, shall abate by reason of the enactment of this Act. Causes of 
action and actions with respect to a function or office transferred by 
this Act, or other proceedings may be asserted by or against the United 
States or an official of the Department of Transportation, as may be 
appropriate, and, in an action pending when this Act takes effect, the 
court may at any time, on its own motion or that of any party, enter an 
order that will give effect to the provisions of this subsection.
    (d) Substitution or Addition of Parties to Judicial Actions.--If, 
on the date of transfer, the Department of Commerce or the National 
Oceanic and Atmospheric Administration, or any officer thereof in the 
official's capacity, is a party to an action, and under this Act any 
function relating to the action of such Department, Administration, or 
officer is transferred to the Department of Transportation, then such 
action shall be continued with the Secretary of Transportation 
substituted or added as a party.
    (e) Continued Jurisdiction Over Actions Transferred.--Orders and 
actions of the Secretary of Transportation in the exercise of functions 
transferred by this Act shall be subject to judicial review to the same 
extent and in the same manner as if such orders and actions had been by 
the Department of Commerce or the National Oceanic and Atmospheric 
Administration, or any office or officer thereof, in the exercise of 
such functions immediately preceding their transfer.
    (f) Liabilities and Obligations.--The Secretary of Transportation 
shall assume all liabilities and obligations (tangible and incorporeal, 
present and executory) associated with the functions transferred under 
this Act on the date of transfer, including leases, permits, licenses, 
contracts, agreements, claims, tariffs, accounts receivable, accounts 
payable, financial assistance, and litigation relating to such 
obligations, regardless whether judgment has been entered, damages 
awarded, or appeal taken.

SEC. 805. NATIONAL OCEAN SURVEY.

    Title 33 of the United States Code is amended as follows:
            (1) Section 883a is amended by striking paragraph (4) and 
        renumbering the remaining paragraphs accordingly.
            (2) Section 883(a)(1) is amended to read as follows: ``(1) 
        Hydrographic, topographic and other types of field surveys;''
            (3) Section 883b(4) is amended by deleting ``of the United 
        States, its Territories, and possessions''.
            (4) Section 883b(6) is amended by deleting ``for the United 
        States, its Territories, and possessions''.
            (5) Section 883b is amended by striking paragraphs (3) and 
        (5) and renumbering the remaining paragraphs accordingly.
            (6) Paragraph (1) of section 883e is amended by inserting 
        ``, or any other agreements,'' after ``cooperative 
        agreements'', and before ``with, and to receive and expend 
        funds made available by,''.

SEC. 806. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: NAUTICAL AND 
              AERONAUTICAL PRODUCTS, SALE AND DISTRIBUTION.

    Title 44 of the United States Code is amended as follows:
            (1) Section 1307 is amended by deleting ``and aeronautica'' 
        and ``or aeronautical'' wherever either appears in the section.
            (2) Section 1307(a)(2)(B) is amended by deleting ``aviation 
        and'' after ``impact on''.
            (3) Section 1307(d) is amended by deleting ``aeronautical 
        and'' after ``distributing''.

                   TITLE IX--WHISTLEBLOWER PROTECTION

SEC. 901. 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 Employees.--No person 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) notified his or her employer of an alleged violation 
        of this subtitle;
            ``(2) refused to operate aircraft or work when operation 
        would violate a regulation issued by the Administrator of the 
        Federal Aviation Administration under this subtitle, or because 
        of a reasonable apprehension of death or serious physical harm;
            ``(3) provided, caused to be provided, or is about to 
        provide or cause to be provided information relating to air 
        safety under this subtitle or any other law of the United 
        States;
            ``(4) has filed, caused to be filed, or is about to file or 
        cause to be filed a proceeding relating to air carrier safety 
        under this subtitle or any other law of the United States;
            ``(5) testified or is about to testify in such a 
        proceeding; or
            ``(6) assisted or participated or is about to assist or 
        participate in such a proceeding or in any other action to 
        carry out the purposes of this subtitle.
    ``(b) Department of Labor Complaint Procedure.--
            ``(1) Filing and notification.--
                    ``(A) A person who believes that he or she has been 
                discharged or otherwise discriminated against by a 
                person in violation of subsection (a) may, not later 
                than 180 days after the date on which the violation 
                occurs, file (or have any person file on his or her 
                behalf) a complaint with the Secretary of Labor 
                alleging the discharge or discrimination.
                    ``(B) Upon receipt of a complaint, the Secretary 
                shall notify the person named in the complaint and the 
                Administrator of the--
                            ``(i) filing of the complaint;
                            ``(ii) allegations contained in the 
                        complaint; and
                            ``(iii) opportunities that will be afforded 
                        to the person under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) The Secretary shall conduct an investigation 
                and shall have the authority to issue subpoenas. The 
                Secretary may bring an action in any appropriate United 
                States district court for the enforcement of subpoenas.
                    ``(B) Not later than 60 days after receipt of a 
                complaint filed under paragraph (1) and after providing 
                the person named in the complaint a notice of the 
                substance of the evidence supporting the complaint, an 
                opportunity to submit to the Secretary a written 
                response to the complaint, and an opportunity to meet 
                with a representative of the Secretary to present 
                statements from witnesses, the Secretary shall 
                determine whether there is reasonable cause to believe 
                that the complaint has merit and notify the complainant 
                and the person alleged to have committed a violation of 
                subsection (a) of the Secretary's findings.
                    ``(C) If the Secretary 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).
                    ``(D) 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 and request a hearing before an 
                administrative law judge on the record. The filing of 
                objections shall not operate to stay any reinstatement 
                remedy contained in the preliminary order. Hearings 
                shall be conducted expeditiously.
                    ``(E) If a hearing is not requested in the 30-day 
                period, the preliminary order shall be deemed a final 
                order that is not subject to judicial review.
            ``(3) Final order.--
                    ``(A) Not later than 120 days after the date of the 
                issuance of the decision of the administrative law 
                judge under paragraph (2), the Secretary 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, the 
complainant, and the person alleged to have committed the violation.
                    ``(B) 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 the 
                violation to--
                            ``(i) take appropriate remedial action to 
                        abate the violation;
                            ``(ii) reinstate the complainant to his or 
                        her former position together with the 
                        compensation (including back pay), terms, 
                        conditions, and privileges associated with his 
                        or her employment; and
                            ``(iii) provide compensatory and exemplary 
                        damages to the complainant.
                    ``(C) If an order is issued under this paragraph, 
                the Secretary, 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, by the complainant for, or in connection 
                with, the bringing of the complaint upon which the 
                order was issued, including in a judicial proceeding 
                under paragraph (4).
            ``(4) Review.--
                    ``(A) A person adversely affected or aggrieved by 
                an order issued under paragraph (3) for which the 
                person has exhausted all administrative remedies may 
                obtain review of the order in the United States Court 
                of Appeals for the circuit in which the violation, with 
                respect to which the order was issued, allegedly 
                occurred or the circuit in which the complainant 
                resided on the date of such violation. The petition for 
                review must be filed not later than 60 days after the 
                date of the issuance of the order of the Secretary. 
                Review shall conform to chapter 7 of title 5, United 
                States Code. The commencement of proceedings under this 
                subparagraph shall not, unless ordered by the court, 
                operate as a stay of the order.
                    ``(B) An order of the Secretary with respect to 
                which review could have been obtained under 
                subparagraph (A) shall not be subject to judicial 
                review in any criminal or other civil proceeding.
            ``(5) Enforcement of order by secretary of labor.--Whenever 
        a person has failed to comply with an order issued under 
        paragraph (3), the Secretary may file a civil action in an 
        appropriate United States district court 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 and exemplary damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) 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 the order. The appropriate United 
                States district court shall have jurisdiction, without 
                regard to the amount in controversy or the citizenship 
                of the parties, to enforce the order.
                    ``(B) 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 an 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 who, acting without 
direction from his or her employer, deliberately causes a violation of 
any requirement relating to air carrier safety under this subtitle or 
any other law of the United States.
    ``(e) Definitions.--In this section--
            ``(1) Contractor.--The term `contractor' means a company 
        that performs, safety-sensitive functions by contract for a 
        U.S. or foreign air carrier;
            ``(2) Employee.--The term `employee' means an employee of a 
        U.S. or foreign air carrier, its contractor, or its 
        subcontractor; and
            ``(3) Subcontractor.--The term `subcontractor' means a 
        company that performs safety-sensitive functions, through a 
        contractor, for a U.S. or foreign air carrier.
    ``(f) Applicability.--This section applies to employees of a U.S. 
employer without regard to whether the adverse action or protected 
activity occurs in the United States. This section applies to employees 
of a foreign employer, if the adverse action or protected activity 
occurs in the United States.''.
    (b) Conforming Amendment.--The analysis for Chapter 421 is amended 
by adding at the end the following:

           ``SUBCHAPTER II--WHISTLEBLOWER PROTECTION PROGRAM

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

SEC. 902. 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 X--NATIONAL PARKS AIR TOUR MANAGEMENT

SEC. 1001. SHORT TITLE.

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

SEC. 1002. 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. 1003. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

    (a) In General.--Chapter 401 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 40125. Overflights of national parks
    ``(a) In General.--
            ``(1) General requirements.--A commercial air tour operator 
        may not conduct commercial air tour operations over a national 
        park (including tribal lands) except--
                    ``(A) in accordance with this section;
                    ``(B) in accordance with conditions and limitations 
                prescribed for that operator by the Administrator; and
                    ``(C) in accordance with any applicable air tour 
                management plan for the park.
            ``(2) Application for operating authority.--
                    ``(A) Application required.--Before commencing 
                commercial air tour operations over a national park 
                (including tribal lands), a commercial air tour 
                operator shall apply to the Administrator for authority 
                to conduct the operations over the park.
                    ``(B) Competitive bidding for limited capacity 
                parks.--Whenever an air tour management plan limits the 
                number of commercial air tour operations over a 
                national park during a specific time frame, the 
                Administrator, in cooperation with the Director, shall 
                issue operation specifications to commercial air tour 
                operators that conduct such operations. The operation 
                specifications shall include such terms and conditions 
                as the Administrator and the Director find necessary 
                for management of commercial air tour operations over 
                the park. The Administrator, in cooperation with the 
                Director, shall develop an open competitive process for 
                evaluating proposals from persons interested in 
                providing commercial air tour operations over the park. 
                In making a selection from among various proposals 
                submitted, the Administrator, in cooperation with the 
                Director, shall consider relevant factors, including--
                            ``(i) the safety record of the person 
                        submitting the proposal or pilots employed by 
                        the person;
                            ``(ii) any quiet aircraft technology 
                        proposed to be used by the person submitting 
                        the proposal;
                            ``(iii) the experience of the person 
                        submitting the proposal with commercial air 
                        tour operations over other national parks or 
                        scenic areas;
                            ``(iv) the financial capability of the 
                        company;
                            ``(v) any training programs for pilots 
                        provided by the person submitting the proposal; 
                        and
                            ``(vi) responsiveness of the person 
                        submitting the proposal to any relevant 
                        criteria developed by the National Park Service 
                        for the affected park.
                    ``(C) Number of operations authorized.--In 
                determining the number of authorizations to issue to 
                provide commercial air tour operations over a national 
                park, the Administrator, in cooperation with the 
                Director, shall take into consideration the provisions 
                of the air tour management plan, the number of existing 
                commercial air tour operators and current level of 
                service and equipment provided by any such operators, 
                and the financial viability of each commercial air tour 
                operation.
                    ``(D) Cooperation with nps.--Before granting an 
                application under this paragraph, the Administrator, in 
                cooperation with the Director, shall develop an air 
                tour management plan in accordance with subsection (b) 
                and implement such plan.
            ``(3) Exception.--
                    ``(A) In general.--If a commercial air tour 
                operator secures a letter of agreement from the 
                Administrator and the superintendent for the national 
                park that describes the conditions under which the 
                commercial air tour operation will be conducted, then 
                notwithstanding paragraph (1), the commercial air tour 
                operator may conduct such operations over the national 
                park under part 91 of title 14, Code of Federal 
                Regulations, if such activity is permitted under part 
                119 of such title.
                    ``(B) Limit on exceptions.--Not more than 5 flights 
                in any 30-day period over a single national park may be 
                conducted under this paragraph.
            ``(4) Special rule for safety requirements.--
        Notwithstanding subsection (c), an existing commercial air tour 
        operator shall apply, not later than 90 days after the date of 
        enactment of this section, for operating authority under part 
        119, 121, or 135 of title 14, Code of Federal Regulations. A 
        new entrant commercial air tour operator shall apply for such 
authority before conducting commercial air tour operations over a 
national park (including tribal lands). The Administrator shall act on 
any such application for a new entrant and issue a decision on the 
application not later than 24 months after it is received or amended.
    ``(b) Air Tour Management Plans.--
            ``(1) Establishment.--
                    ``(A) In general.--The Administrator, in 
                cooperation with the Director, shall establish an air 
                tour management plan for any national park (including 
                tribal lands) for which such a plan is not in effect 
                whenever a person applies for authority to conduct a 
                commercial air tour operation over the park. The air 
                tour management plan shall be developed by means of a 
                public process in accordance with paragraph (4).
                    ``(B) Objective.--The objective of any air tour 
                management plan shall be to develop acceptable and 
                effective measures to mitigate or prevent the 
                significant adverse impacts, if any, of commercial air 
                tours upon the natural and cultural resources, visitor 
                experiences, and tribal lands.
            ``(2) Environmental determination.--In establishing an air 
        tour management plan under this subsection, the Administrator 
        and the Director shall each sign the environmental decision 
        document required by section 102 of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332) (including a finding of no 
        significant impact, an environmental assessment, and an 
        environmental impact statement) and the record of decision for 
        the air tour management plan.
            ``(3) Contents.--An air tour management plan for a national 
        park--
                    ``(A) may limit or prohibit commercial air tour 
                operations;
                    ``(B) may establish conditions for the conduct of 
                commercial air tour operations, including commercial 
                air tour operation routes, maximum or minimum 
                altitudes, time-of-day restrictions, restrictions for 
                particular events, maximum number of flights per unit 
                of time, intrusions on privacy on tribal lands, and 
                mitigation of adverse noise, visual, or other impacts;
                    ``(C) may apply to all commercial air tour 
                operations;
                    ``(D) shall include incentives (such as preferred 
                commercial air tour operation routes and altitudes and 
                relief from flight caps and curfews) for the adoption 
                of quiet aircraft technology by commercial air tour 
                operators conducting commercial air tour operations 
                over the park;
                    ``(E) shall provide a system for allocating 
                opportunities to conduct commercial air tours if the 
                air tour management plan includes a limitation on the 
                number of commercial air tour operations for any time 
                period; and
                    ``(F) shall justify and document the need for 
                measures taken pursuant to subparagraphs (A) through 
                (E) and include such justifications in the record of 
                decision.
            ``(4) Procedure.--In establishing an air tour management 
        plan for a national park (including tribal lands), the 
        Administrator and the Director shall--
                    ``(A) hold at least one public meeting with 
                interested parties to develop the air tour management 
                plan;
                    ``(B) publish the proposed plan in the Federal 
                Register for notice and comment and make copies of the 
                proposed plan available to the public;
                    ``(C) comply with the regulations set forth in 
                sections 1501.3 and 1501.5 through 1501.8 of title 40, 
                Code of Federal Regulations (for purposes of complying 
                with the regulations, the Federal Aviation 
                Administration shall be the lead agency and the 
                National Park Service is a cooperating agency); and
                    ``(D) solicit the participation of any Indian tribe 
                whose tribal lands are, or may be, overflown by 
                aircraft involved in a commercial air tour operation 
                over the park, as a cooperating agency under the 
                regulations referred to in subparagraph (C).
            ``(5) Judicial review.--An air tour management plan 
        developed under this subsection shall be subject to judicial 
        review.
            ``(6) Amendments.--The Administrator, in cooperation with 
        the Director, may make amendments to an air tour management 
        plan. Any such amendments shall be published in the Federal 
        Register for notice and comment. A request for amendment of an 
        air tour management plan shall be made in such form and manner 
        as the Administrator may prescribe.
    ``(c) Determination of Commercial Air Tour Operation Status.--In 
making a determination of whether a flight is a commercial air tour 
operation, the Administrator may consider--
            ``(1) whether there was a holding out to the public of 
        willingness to conduct a sightseeing flight for compensation or 
        hire;
            ``(2) whether a narrative that referred to areas or points 
        of interest on the surface below the route of the flight was 
        provided by the person offering the flight;
            ``(3) the area of operation;
            ``(4) the frequency of flights conducted by the person 
        offering the flight;
            ``(5) the route of flight;
            ``(6) the inclusion of sightseeing flights as part of any 
        travel arrangement package offered by the person offering the 
        flight;
            ``(7) whether the flight would have been canceled based on 
        poor visibility of the surface below the route of the flight; 
        and
            ``(8) any other factors that the Administrator considers 
        appropriate.
    ``(d) Interim Operating Authority.--
            ``(1) In general.--Upon application for operating 
        authority, the Administrator shall grant interim operating 
        authority under this subsection to a commercial air tour 
        operator for commercial air tour operations over a national 
        park (including tribal lands) for which the operator is an 
        existing commercial air tour operator.
            ``(2) Requirements and limitations.--Interim operating 
        authority granted under this subsection--
                    ``(A) shall provide annual authorization only for 
                the greater of--
                            ``(i) the number of flights used by the 
                        operator to provide such tours within the 12-
                        month period prior to the date of enactment of 
                        this section; or
                            ``(ii) the average number of flights per 
                        12-month period used by the operator to provide 
                        such tours within the 36-month period prior to 
                        such date of enactment, and, for seasonal 
                        operations, the number of flights so used 
                        during the season or seasons covered by that 
                        12-month period;
                    ``(B) may not provide for an increase in the number 
                of commercial air tour operations conducted during any 
                time period by the commercial air tour operator above 
                the number that the air tour operator was originally 
                granted unless such an increase is agreed to by the 
                Administrator and the Director;
                    ``(C) shall be published in the Federal Register to 
                provide notice and opportunity for comment;
                    ``(D) may be revoked by the Administrator for 
                cause;
                    ``(E) shall terminate 180 days after the date on 
                which an air tour management plan is established for 
                the park or the tribal lands;
                    ``(F) shall promote protection of national park 
                resources, visitor experiences, and tribal lands;
                    ``(G) shall promote safe operations of the 
                commercial air tour;
                    ``(H) shall promote the adoption of quiet 
                technology, as appropriate; and
                    ``(I) shall allow for modifications of the 
                operation based on experience if the modification 
                improves protection of national park resources and 
                values and of tribal lands.
    ``(e) Exemptions.--
            ``(1) In general.--Except as provided by paragraph (2), 
        this section shall not apply to--
                    ``(A) the Grand Canyon National Park;
                    ``(B) tribal lands within or abutting the Grand 
                Canyon National Park; or
                    ``(C) any unit of the National Park System located 
                in Alaska or any other land or water located in Alaska.
            ``(2) Exception.--This section shall apply to the Grand 
        Canyon National Park if section 3 of Public Law 100-91 (16 
        U.S.C. 1a-1 note; 101 Stat. 674-678) is no longer in effect.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial air tour operator.--The term `commercial 
        air tour operator' means any person who conducts a commercial 
        air tour operation.
            ``(2) Existing commercial air tour operator.--The term 
        `existing commercial air tour operator' means a commercial air 
        tour operator that was actively engaged in the business of 
        providing commercial air tour operations over a national park 
        at any time during the 12-month period ending on the date of 
        enactment of this section.
            ``(3) New entrant commercial air tour operator.--The term 
        `new entrant commercial air tour operator' means a commercial 
        air tour operator that--
                    ``(A) applies for operating authority as a 
                commercial air tour operator for a national park; and
                    ``(B) has not engaged in the business of providing 
                commercial air tour operations over the national park 
                (including tribal lands) in the 12-month period 
                preceding the application.
            ``(4) Commercial air tour operation.--The term `commercial 
        air tour operation' means any flight, conducted for 
        compensation or hire in a powered aircraft where a purpose of 
        the flight is sightseeing over a national park, within \1/2\ 
        mile outside the boundary of any national park, or over tribal 
        lands, during which the aircraft flies--
                    ``(A) below a minimum altitude, determined by the 
                Administrator in cooperation with the Director, above 
                ground level (except solely for purposes of takeoff or 
                landing, or necessary for safe operation of an aircraft 
                as determined under the rules and regulations of the 
                Federal Aviation Administration requiring the pilot-in-
                command to take action to ensure the safe operation of 
                the aircraft); or
                    ``(B) less than 1 mile laterally from any 
                geographic feature within the park (unless more than 
                \1/2\ mile outside the boundary).
            ``(5) National park.--The term `national park' means any 
        unit of the National Park System.
            ``(6) Tribal lands.--The term `tribal lands' means Indian 
        country (as that term is defined in section 1151 of title 18, 
        United States Code) that is within or abutting a national park.
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(8) Director.--The term `Director' means the Director of 
        the National Park Service.''.
    (b) Clerical Amendment.--The table of sections for chapter 401 of 
title 49, United States Code, is amended by adding at the end the 
following:

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

SEC. 1004. ADVISORY GROUP.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator and the Director shall jointly 
establish an advisory group to provide continuing advice and counsel 
with respect to commercial air tour operations over and near national 
parks.
    (b) Membership.--
            (1) In general.--The advisory group shall be composed of--
                    (A) a balanced group of--
                            (i) representatives of general aviation;
                            (ii) representatives of commercial air tour 
                        operators;
                            (iii) representatives of environmental 
                        concerns; and
                            (iv) representatives of Indian tribes;
                    (B) a representative of the Federal Aviation 
                Administration; and
                    (C) a representative of the National Park Service.
            (2) Ex-officio members.--The Administrator (or the designee 
        of the Administrator) and the Director (or the designee of the 
        Director) shall serve as ex-officio members.
            (3) Chairperson.--The representative of the Federal 
        Aviation Administration and the representative of the National 
        Park Service shall serve alternating 1-year terms as chairman 
        of the advisory group, with the representative of the Federal 
        Aviation Administration serving initially until the end of the 
        calendar year following the year in which the advisory group is 
        first appointed.
    (c) Duties.--The advisory group shall provide advice, information, 
and recommendations to the Administrator and the Director--
            (1) on the implementation of this title and the amendments 
        made by this title;
            (2) on commonly accepted quiet aircraft technology for use 
        in commercial air tour operations over national parks 
        (including tribal lands), which will receive preferential 
        treatment in a given air tour management plan;
            (3) on other measures that might be taken to accommodate 
        the interests of visitors to national parks; and
            (4) at request of the Administrator and the Director, 
        safety, environmental, and other issues related to commercial 
        air tour operations over a national park (including tribal 
        lands).
    (d) Compensation; Support; FACA.--
            (1) Compensation and travel.--Members of the advisory group 
        who are not officers or employees of the United States, while 
        attending conferences or meetings of the group or otherwise 
        engaged in its business, or while serving away from their homes 
        or regular places of business, may be allowed travel expenses, 
        including per diem in lieu of subsistence, as authorized by 
        section 5703 of title 5, United States Code, for persons in the 
        Government service employed intermittently.
            (2) Administrative support.--The Federal Aviation 
        Administration and the National Park Service shall jointly 
        furnish to the advisory group clerical and other assistance.
            (3) Nonapplication of faca.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. App.) does not apply to the 
        advisory group.

SEC. 1005. REPORTS.

    (a) National Park 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. 1006. EXEMPTIONS.

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

SEC. 1007. 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 XI--TITLE 49 TECHNICAL CORRECTIONS

SEC. 1101. RESTATEMENT OF 49 U.S.C. 106(G).

    (a) General.--Section 106(g) of title 49 (Transportation), strike 
``, 40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 
44502(a)(1), (b) and (c), 44504, 44505, 44507, 44508, 44511-44513, 
44701-44716, 44718(c), 44721(a), 44901, 44902, 44903(a)-(c) and (e), 
44906, 44912, 44935-44937, and 44938(a) and (b), chapter 451, sections 
45302-45304,'' and insert ``40113(a), (c)-(e), 40114(a), and 40119, and 
chapter 445 (except sections 44501(b), 44502(a)(2)-(4), 44503, 44506, 
44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 
44718(a) and (b), 44719, 44720, 44721(b), 44722, and 44723), chapter 
449 (except sections 44903(d), 44904, 44905, 44907-44911, 44913, 44915, 
and 44931-44934), chapter 451, chapter 453, sections''.
    (b) Technical Correction.--The amendment made by this section may 
not be construed as making a substantive change in the language 
replaced.

SEC. 1102. RESTATEMENT OF 49 U.S.C. 46306.

    (a) General.--Section 46306 is amended--
            (1) in subsection (a), by striking ``This section applies 
        only to'' and substituting ``Except for subsections (b)(1)-(3), 
        (c)(2)(B), and (e) of this section, this section applies only 
        in the case of'';
            (2) in subsection (c), by inserting ``In a case involving 
        an aircraft not used to provide air transportation,'' at the 
        beginning of paragraph (2), redesignating the text of paragraph 
        (2) as subparagraph (2)(A), redesignating subparagraphs (2)(A) 
        and (2)(B) as clauses (2)(A)(i) and (2)(A)(ii), and by 
        inserting at the end of paragraph (2) the following:
                    ``(B) In a case involving an aircraft used to 
                provide air transportation, a person is subject to the 
                penalties of this paragraph for an act--
                            ``(i) listed in paragraphs (b)(1)-(3) of 
                        this section, but only if the person undertook 
                        the act with the intent to commit a crime 
                        punishable by death or imprisonment of more 
                        than one year under a law of the United States 
                        or a State related to a controlled substance 
                        (except a law related to simple possession of a 
                        controlled substance); or
                            ``(ii) in selling a fraudulent certificate, 
                        undertook the act with the knowledge that the 
                        purchaser intended to use the certificate to 
                        commit a crime punishable by death or 
                        imprisonment for more than one year under a law 
                        of the United States or a State related to a 
                        controlled substance (except a law related to 
                        simple possession of a controlled 
                        substance).''; and
            (3) in subsection (c), by striking ``paragraph (2)'' and 
        substituting ``subparagraph (2)(A)''.
    (b) Technical Corrections.--
            (1)(A) The heading of section 46306 is amended to read as 
        follows:
``Sec. 46306. Forgery, false marking, and other aircraft registration 
              violations.''
            (B) In the analysis of chapter 463 of title 49, item 46306 
        is amended to read as follows:

``46306. Forgery, false marking, and other aircraft registration 
                            violations.''.
            (2) The amendment made by this section may not be construed 
        as making a substantive change in the language replaced.

SEC. 1103. RESTATEMENT OF 49 U.S.C. 44909.

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

SEC. 1104. RESTATEMENT OF 49 U.S.C. 46301(A).

    Section 46301(a)(1)(A) is amended by striking ``section 46302, 
46303, or'' and inserting ``chapter 451, or section''.

SEC. 1105. RESTATEMENT OF 49 U.S.C. 47122(B).

    (a) In General.--Section 106(g)(1)(a) is amended by inserting 
``section 47122(b),'' after ``chapter 465''.
    (b) Amendment.--Section 47122(b) is amended by inserting the phrase 
``(or the Administrator of the Federal Aviation Administration with 
respect to aviation duties and powers designated to be carried out by 
the Administrator)'' after ``Secretary'' the first place and second 
places it appears; and by inserting the phrase ``or the Administrator'' 
after ``Secretary'' the third place it appears.

 TITLE XII--PREVENTION OF FRAUD INVOLVING AIRCRAFT OR SPACECRAFT PARTS

SEC. 1201. SHORT TITLE.

    This title may be cited as ``The Aircraft Safety Act of 1999''.

SEC. 1202. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE 
              PARTS IN INTERSTATE OR FOREIGN COMMERCE.

    (a) Chapter 2 of title 18, United States Code, is amended--
            (1) by adding the following at the end of section 31:
            ``(1) Aviation quality.--The term `aviation quality' means, 
        with respect to aircraft or space vehicle parts, that the item 
        has been manufactured, constructed, produced, repaired, 
overhauled, rebuilt, reconditioned, or restored in conformity with 
applicable standards specified by law, regulation, or contract.
            ``(2) Aircraft.--The term `aircraft' means any civil, 
        military, or public contrivance invented, used, or designed to 
        navigate, fly, or travel in the air.
            ``(3) Part.--The term `part' means frame, assembly, 
        component, appliance, engine, propeller, material, part, spare 
        part, piece, section, or related integral or auxiliary 
        equipment.
            ``(4) Space vehicle.--The term `space vehicle' means a man-
        made device, either manned or unmanned, designed for operation 
        beyond the earth's atmosphere.''; and
            (2) by adding at the end the following new section:

``SEC. 38. FRAUD INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS IN 
              INTERSTATE OR FOREIGN COMMERCE.

    ``(a) Offenses.--Whoever, in or affecting interstate or foreign 
commerce, knowingly or with reason to know--
            ``(1) falsifies or conceals a material fact; makes any 
        materially fraudulent representation; or makes or uses any 
        materially false writing, entry, certification, document, 
        record, data plate, label or electronic communication, 
        concerning any aircraft or space vehicle part;
            ``(2) imports or introduces in the United States, sells, 
        trades, installs on or in any aircraft or space vehicle any 
        aircraft or space vehicle part using or by means of fraudulent 
        representations, documents, records, certifications, 
        depictions, data plates, labels or electronic communications; 
        or
            ``(3) attempts or conspires to commit any offense described 
        in subsections (a) (1) and (2) shall be punished as provided 
        for in subsection (b).
    ``(b) Penalties.--
            ``(1) A person convicted under subsection (a) shall be 
        fined not more than $250,000 or imprisoned not more than 15 
        years or both; provided, however--
            ``(2) if the fraud relates to the aviation quality of the 
        part and the part is actually installed in an aircraft or space 
        vehicle, then the maximum fine shall be $500,000 and the 
        maximum term of imprisonment shall be 25 years.
            ``(3) if, by reason of its failure to operate as 
        represented, the part to which the fraud is related is the 
        probable cause of a malfunction or failure that results in the 
        injury or death of any person, then the maximum fine shall be 
        $1,000,000 and the maximum term of imprisonment shall be any 
        term of years or life; and
            ``(4) any person other than an individual convicted under 
        subsection (a) shall be fined not more than $25,000,000.
    ``(c) Civil Remedies.--
            ``(1) The District Courts of the United States shall have 
        jurisdiction to prevent and restrain violations of this section 
        by issuing appropriate orders, including, but not limited to: 
        ordering any person convicted of any offense under this section 
        to divest himself of any interest, direct or indirect, in any 
        enterprise, or to destroy, or to mutilate and sell as scrap, 
        aircraft material or part inventories or stocks; imposing 
        reasonable restrictions on the future activities or investments 
        of any such person, including, but not limited to, prohibiting 
        engagement in the same type of endeavor as used to perpetrate 
        the offense, or ordering dissolution or reorganization of any 
        enterprise, making due provisions for the rights and interests 
        of innocent persons.
            ``(2) The Attorney General may institute proceedings under 
        this subsection. Pending final determination thereof, the court 
        may at any time enter such restraining orders or prohibitions, 
        or take such other actions, including the acceptance of 
        satisfactory performance bonds, as it shall deem proper.
            ``(3) A final judgment or decree rendered in favor of the 
        United States in any criminal proceeding brought by the United 
        States under this section shall estop the defendant from 
        denying the essential allegation of the criminal offense in any 
        subsequent civil proceeding brought by the United States.
    ``(d) Criminal Forfeiture.--
            ``(1) Regardless of any provision of State law, any person 
        convicted of a violation under this section shall forfeit to 
        the United States--
                    ``(A) any property constituting, or derived from, 
                any proceeds obtained, directly or indirectly, as the 
                result of such violation; and
                    ``(B) any property used, or intended to be used, in 
                any manner or part, to commit or facilitate to 
                commission of such violation.
            ``(2) The court, in imposing sentence on such a person, 
        shall order, in addition to any other sentence imposed pursuant 
        to this section, that the person forfeit to the United States 
        all property described in this section.
            ``(3) Property subject to forfeiture under this section, 
        and seizure and disposition thereof by or under the authority 
        of the Attorney General or the Secretary of the Treasury, and 
        any administrative or judicial proceeding in relation thereto, 
        shall be governed by the provisions of 21 U.S.C. 853, except, 
        however, the Secretary of the Treasury shall forward to the 
        Treasurer of the United States for deposit any amounts or such 
        money and proceeds remaining after payment of expenses in 
        accordance with 31 U.S.C. 9703.
    ``(e) Construction With Other Laws.--Unless specifically otherwise 
provided, this Act shall not be construed to preempt or displace any 
other remedies, whether civil or criminal, provided by Federal, State, 
Commonwealth, Possession, or Territory Law for the fraudulent 
importation, sale, trade, installation, or introduction of aircraft or 
space vehicle parts into commerce.
    ``(f) Territorial Scope.--
            ``(1) This section applies to conduct occurring within the 
        United States, and to conduct occurring outside the United 
        States if--
                    ``(A) the offender is a United States person; or
                    ``(B) an act in furtherance of the offense was 
                committed in the United States and the offender is 
                afterwards found in the United States.''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of Chapter 2 is amended by adding at the end:

``Sec. 38. Fraud related to aircraft and space vehicle parts.''.

SEC. 1203. RELATED AMENDMENTS TO OTHER SECTIONS OF TITLE 18.

    (a) Chapter 119 Wire and Electronic Communications.--Section 
2516(1)(A) of title 18, United States Code, is amended by inserting 
between ``or under the following chapters of this title:'' and 
``Chapter 37'' the following:

       ``Chapter 2 (Relating to Aircraft and Motor Vehicles).''.

    (b) Chapter 233--Witness and Evidence.--Section 3486(A)(1) of title 
18, United States Code, is amended by inserting between ``A Federal 
Health Care Offense,'' and ``The Attorney General'' the following: ``or 
any offense involving fraud related to aircraft or space vehicle parts 
under section 38 of this title.''
    (c) Chapter 96--Racketeer Influence and Corrupt Organizations.--
Section 1961(1)(B) of title 18, United States Code, is amended by 
inserting between ``any act which is indictable under any of the 
following provisions of title 18, United States Code:'' and ``Section 
201'' the following: ``Section 38 (relating to fraud involving aircraft 
or space vehicle parts in interstate or foreign commerce),''.

              TITLE XIII--INTERNAL REVENUE CODE AMENDMENTS

SEC. 1301. AMENDMENTS TO THE AIRPORT AND AIRWAY TRUST FUND.

    Section 9502(d)(1) of the Internal Revenue Code of 1986 (relating 
to expenditures from Airport and Airway Trust Fund) (26 U.S.C. 
9502(d)(1)) is amended by:
            (1) striking ``1998'' and inserting ``2004''; and
            (2) in paragraph (d)(1)(A), by inserting ``or the Federal 
        Aviation Administration Authorization Act of 1999'' after 
        ``Federal Aviation Reauthorization Act of 1996''.
                                 <all>