[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 82 Reported in Senate (RS)]





                                                        Calendar No. 29

106th CONGRESS

  1st Session

                                 S. 82

                           [Report No. 106-9]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for the Federal Aviation Administration, 
                        and for other purposes.

_______________________________________________________________________

                             March 8, 1999

                        Reported with amendments
                                                        Calendar No. 29
106th CONGRESS
  1st Session
                                 S. 82

                           [Report No. 106-9]

 To authorize appropriations for the Federal Aviation Administration, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

 Mr. McCain (for himself, Mr. Hollings, Mr. Lott, Mr. Rockefeller, Mr. 
  Frist, Mr. Bryan, Mr. Wyden, Mr. Akaka, Mr. Gorton, and Mr. Dorgan) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                             March 8, 1999

                 Reported by Mr. McCain with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Federal Aviation Administration, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

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

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

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

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

Sec. 301. Severable services contracts for periods crossing fiscal 
                            years.
<DELETED>Sec. 302. Foreign carriers eligible for waiver under Airport 
                            Noise and Capacity Act.
</DELETED>Sec. 302. Limited transportation of certain aircraft.
Sec. 303. Government and industry consortia.
Sec. 304. Implementation of Article 83 Bis of the Chicago Convention.
Sec. 305. Foreign aviation services authority.
Sec. 306. Flexibility to perform criminal history record checks; 
                            technical amendments to Pilot Records 
                            Improvement Act.
Sec. 307. Extension of Aviation Insurance Program.
Sec. 308. Technical corrections to civil penalty provisions.
Sec. 309. Criminal penalty for pilots operating in air transportation 
                            without an airman's certificate.
Sec. 310. Nondiscriminatory interline interconnection requirements.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Oversight of FAA response to year 2000 problem.
Sec. 402. Cargo collision avoidance systems deadline.
Sec. 403. Runway safety areas; precision approach path indicators.
Sec. 404. Airplane emergency locators.
Sec. 405. Counterfeit aircraft parts.
Sec. 406. FAA may fine unruly passengers.
Sec. 407. Higher standards for handicapped access.
Sec. 408. Conveyances of United States Government land.
Sec. 409. Flight operations quality assurance rules.
Sec. 410. Wide area augmentation system.
Sec. 411. Regulation of Alaska air guides.
Sec. 412. Application of FAA regulations.
Sec. 413. Human factors program.
Sec. 414. Independent validation of FAA costs and allocations.
Sec. 415. Whistleblower protection for FAA employees.
Sec. 416. Report on modernization of oceanic ATC system.
Sec. 417. Report on air transportation oversight system.
Sec. 418. Recycling of EIS.
Sec. 419. Protection of employees providing air safety information.
Sec. 420. Improvements to air navigation facilities.
Sec. 421. Denial of airport access to certain air carriers.
Sec. 422. Tourism.
Sec. 423. Equivalency of FAA and EU safety standards.
Sec. 424. Sense of the Senate on property taxes on public-use airports.
Sec. 425. Federal Aviation Administration Personnel Management System.
Sec. 426. Aircraft and aviation component repair and maintenance 
                            advisory panel.
<DELETED>Sec. 427. Report on enhanced domestic airline competition.
</DELETED>Sec. 427. Authority to sell aircraft and aircraft parts for 
                            use in responding to oil spills.
Sec. 428. Aircraft situational display data.
Sec. 429. To express the sense of the Senate concerning a bilateral 
                            agreement between the United States and the 
                            United Kingdom regarding Charlotte-London 
                            route.
Sec. 430. To express the sense of the Senate concerning a bilateral 
                            agreement between the United States and the 
                            United Kingdom regarding Cleveland-London 
                            route.
Sec. 431. Allocation of Trust Fund funding.
Sec. 432. Taos Pueblo and Blue Lakes Wilderness Area demonstration 
                            project.
Sec. 433. Airline marketing disclosure.
Sec. 434. Certain air traffic control towers.
Sec. 435. Compensation under the Death on the High Seas Act.
Sec. 436. FAA study of breathing hoods.
Sec. 437. FAA study of alternative power sources for flight data 
                            recorders and cockpit voice recorders.
Sec. 438. Passenger facility fee letters of intent.
Sec. 439. Elimination of HAZMAT enforcement backlog.
Sec. 440. FAA evaluation of long-term capital leasing.
                TITLE V--AVIATION COMPETITION PROMOTION

Sec. 501. Purpose.
Sec. 502. Establishment of small community aviation development 
                            program.
Sec. 503. Community-carrier air service program.
Sec. 504. Authorization of appropriations.
Sec. 505. Marketing practices.
Sec. 506. Slot exemptions for nonstop regional jet service.
Sec. 507. Exemptions to perimeter rule at Ronald Reagan Washington 
                            National Airport.
Sec. 508. Additional slot exemptions at Chicago O'Hare International 
                            Airport.
Sec. 509. Consumer notification of e-ticket expiration dates.
Sec. 510. Regional air service incentive options.
Sec. 511. GAO study of air transportation needs.
                  TITLE VI--NATIONAL PARK OVERFLIGHTS

Sec. 601. Findings.
Sec. 602. Air tour management plans for national parks.
Sec. 603. Advisory group.
Sec. 604. Overflight fee report.
Sec. 605. Prohibition of commercial air tours over the Rocky Mountain 
                            National Park.
               TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

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

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

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

                        TITLE I--AUTHORIZATIONS

SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

    (a) In General.--Section 106(k) is amended to read as follows:
    ``(k) Authorization of Appropriations for Operations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for operations of the 
        Administration $5,631,000,000 for fiscal year 1999 and 
        $5,784,000,000 for fiscal year 2000. Of the amounts authorized 
        to be appropriated for fiscal year 1999, not more than 
        $9,100,000 shall be used to support air safety efforts through 
        payment of United States membership obligations, to be paid as 
        soon as practicable.
            ``(2) Authorized expenditures.--Of the amounts appropriated 
        under paragraph (1) $450,000 may be used for wildlife hazard 
        mitigation measures and management of the wildlife strike 
        database of the Federal Aviation Administration.
            ``(3) University consortium.--There are authorized to be 
        appropriated not more than $9,100,000 for the 3 fiscal year 
        period beginning with fiscal year 1999 to support a university 
        consortium established to provide an air safety and security 
        management certificate program, working cooperatively with the 
        Federal Aviation Administration and United States air carriers. 
        Funds authorized under this paragraph--
                    ``(A) may not be used for the construction of a 
                building or other facility; and
                    ``(B) shall be awarded on the basis of open 
                competition.''.
    (b) Coordination.--The authority granted the Secretary under 
section 41720 of title 49, United States Code, does not affect the 
Secretary's authority under any other provision of law.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    (a) In General.--Section 48101(a) is amended by striking paragraphs 
(1) and (2) and inserting the following:
            ``(1) for fiscal year 1999--
                    ``(A) $222,800,000 for engineering, development, 
                test, and evaluation: en route programs;
                    ``(B) $74,700,000 for engineering, development, 
                test, and evaluation: terminal programs;
                    ``(C) $108,000,000 for engineering, development, 
                test, and evaluation: landing and navigational aids;
                    ``(D) $17,790,000 for engineering, development, 
                test, and evaluation: research, test, and evaluation 
                equipment and facilities programs;
                    ``(E) $391,358,300 for air traffic control 
                facilities and equipment: en route programs;
                    ``(F) $492,315,500 for air traffic control 
                facilities and equipment: terminal programs;
                    ``(G) $38,764,400 for air traffic control 
                facilities and equipment: flight services programs;
                    ``(H) $50,500,000 for air traffic control 
                facilities and equipment: other ATC facilities 
                programs;
                    ``(I) $162,400,000 for non-ATC facilities and 
                equipment programs;
                    ``(J) $14,500,000 for training and equipment 
                facilities programs;
                    ``(K) $280,800,000 for mission support programs;
                    ``(L) $235,210,000 for personnel and related 
                expenses; and
            ``(2) $2,189,000,000 for fiscal year 2000.''.
    (b) Continuation of ILS Inventory Program.--Section 44502(a)(4)(B) 
is amended--
            (1) by striking ``fiscal years 1995 and 1996'' and 
        inserting ``fiscal years 1999 and 2000''; and
            (2) by striking ``acquisition,'' and inserting 
        ``acquisition under new or existing contracts,''.
    (c) Life-Cycle Cost Estimates.--The Administrator of the Federal 
Aviation Administration shall establish life-cycle cost estimates for 
any air traffic control modernization project the total life-cycle 
costs of which equal or exceed $50,000,000.

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

    (a) Extension and Authorization.--Section 48103 is amended by 
striking ``$1,205,000,000 for the 6-month period beginning October 1, 
1998.'' and inserting ``$2,410,000,000 for fiscal years ending before 
October 1, 1999, and $4,885,000,000 for fiscal years ending before 
October 1, 2000.''.
    (b) Project Grant Authority.--Section 47104(c) is amended by 
striking ``March 31, 1999,'' and inserting ``September 30, 2000,''.

SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.

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

SEC. 105. AIRPORT SECURITY PROGRAM.

    (a) In General.--Chapter 471 (as amended by section 202(a) of this 
Act) is amended by adding at the end thereof the following new section:
``Sec. 47136. Airport security program
    ``(a) General Authority.--To improve security at public airports in 
the United States, the Secretary of Transportation shall carry out not 
less than 1 project to test and evaluate innovative airport security 
systems and related technology.
    ``(b) Priority.--In carrying out this section, the Secretary shall 
give the highest priority to a request from an eligible sponsor for a 
grant to undertake a project that--
            ``(1) evaluates and tests the benefits of innovative 
        airport security systems or related technology, including 
        explosives detection systems, for the purpose of improving 
        airport and aircraft physical security and access control; and
            ``(2) provides testing and evaluation of airport security 
        systems and technology in an operational, <DELETED>test bed 
        </DELETED>testbed environment.
    ``(c) Matching Share.--Notwithstanding section 47109, the United 
States Government's share of allowable project costs for a project 
under this section is 100 percent.
    ``(d) Terms and Conditions.--The Secretary may establish such terms 
and conditions as the Secretary determines appropriate for carrying out 
a project under this section, including terms and conditions relating 
to the form and content of a proposal for a project, project 
assurances, and schedule of payments.
    ``(e) Eligible Sponsor Defined.--In this section, the term 
`eligible sponsor' means a nonprofit corporation composed of a 
consortium of public and private persons, including a sponsor of a 
primary airport, with the necessary engineering and technical expertise 
to successfully conduct the testing and evaluation of airport and 
aircraft related security systems.
    ``(f) Authorization of Appropriations.--Of the amounts made 
available to the Secretary under section 47115 in a fiscal year, the 
Secretary shall make available not less than $5,000,000 for the purpose 
of carrying out this section.''.
    (b) Conforming Amendment.--The chapter analysis for such chapter 
(as amended by section 202(b) of this Act) is amended by inserting 
after the item relating to section 47135 the following:

``47136. Airport security program.''.

SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

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

            TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

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

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

SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

    (a) Codification and Improvement of 1996 Program.--Subchapter I of 
chapter 471 is amended by adding at the end thereof the following:
``Sec. 47135. Innovative financing techniques
    ``(a) In General.--The Secretary of Transportation is authorized to 
carry out a demonstration program under which the Secretary may approve 
applications under this subchapter for not more than 20 projects for 
which grants received under the subchapter may be used to implement 
innovative financing techniques.
    ``(b) Purpose.--The purpose of the demonstration program shall be 
to provide information on the use of innovative financing techniques 
for airport development projects.
    ``(c) Limitation--In no case shall the implementation of an 
innovative financing technique under this section be used in a manner 
giving rise to a direct or indirect guarantee of any airport debt 
instrument by the United States Government.
    ``(d) Innovative Financing Technique Defined.--In this section, the 
term `innovative financing technique' includes methods of financing 
projects that the Secretary determines may be beneficial to airport 
development, including--
            ``(1) payment of interest;
            ``(2) commercial bond insurance and other credit 
        enhancement associated with airport bonds for eligible airport 
        development; and
            ``(3) flexible non-Federal matching requirements.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 471 is 
amended by inserting after the item relating to section 47134 the 
following:

``47135. Innovative financing techniques.''.

SEC. 203. MATCHING SHARE.

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

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

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

SEC. 205. TECHNICAL AMENDMENTS.

    (a) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
            ``(3) An amount apportioned under paragraph (2) of this 
        subsection for airports in Alaska, Hawaii, or Puerto Rico may 
        be made available by the Secretary for any public airport in 
        those respective jurisdictions.''.
    (b) Supplemental Apportionment for Alaska.--Section 47114(e) is 
amended--
            (1) by striking ``Alternative'' in the subsection caption 
        and inserting ``Supplemental'';
            (2) in paragraph (1) by--
                    (A) striking ``Instead of apportioning amounts for 
                airports in Alaska under'' and inserting 
                ``Notwithstanding''; and
                    (B) striking ``those airports'' and inserting 
                ``airports in Alaska''; and
            (3) striking paragraph (3) and inserting the following:
            ``(3) An amount apportioned under this subsection may be 
        used for any public airport in Alaska.''.
    (c) Repeal of Apportionment Limitation on Commercial Service 
Airports in Alaska.--Section 47117 is amended by striking subsection 
(f) and redesignating subsections (g) and (h) as subsections (f) and 
(g), respectively.
    (d) Discretionary Fund Definition.--
            (1) Section 47115 is amended--
                    (A) by striking ``25'' in subsection (a) and 
                inserting ``12.5''; and
                    (B) by striking the second sentence in subsection 
                (b).
            (2) Section 47116 is amended--
                    (A) by striking ``75'' in subsection (a) and 
                inserting ``87.5'';
                    (B) by redesignating paragraphs (1) and (2) in 
                subsection (b) as subparagraphs (A) and (B), 
                respectively, and inserting before subparagraph (A), as 
                so redesignated, the following:
            ``(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) Continuation of Project Funding.--Section 47108 is amended by 
adding at the end thereof the following:
    ``(e) Change in Airport Status.--If the status of a primary airport 
changes to a nonprimary airport at a time when a development project 
under a multiyear agreement under subsection (a) is not yet completed, 
the project shall remain eligible for funding from discretionary funds 
under section 47115 of this title at the funding level and under the 
terms provided by the agreement, subject to the availability of 
funds.''.
    (f) 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) inserting after clause (i) the following:
                            ``(ii) a privately-owned airport that, as a 
                        reliever airport, received Federal aid for 
                        airport development prior to October 9, 1996, 
                        but only if the Administrator issues revised 
                        administrative guidance after July 1, 1998, for 
                        the designation of reliever airports; or''.
    (g) Reliever Airports Not Eligible for Letters of Intent.--Section 
47110(e)(1) is amended by striking ``or reliever''.
    (h) Passenger Facility Fee Waiver for Certain Class of Carriers.--
Section 40117(e)(2) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (B);
            (2) by striking ``payment.'' in subparagraph (C) and 
        inserting ``payment; <DELETED>and''; </DELETED>and
            (3) by adding at the end thereof the following:
                    ``(D) in Alaska aboard an aircraft having a seating 
                capacity of less than 20 <DELETED>passengers.''. 
                </DELETED>passengers; and
                    ``(E) on flights, including flight segments, 
                between 2 or more points in Hawaii.''.
    (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);
            (2) by striking ``transportation.'' in paragraph (2)(D) and 
        inserting ``transportation; and''; and
            (3) by adding at the end thereof the following:
            ``(3) may permit a public agency to request that collection 
        of a passenger facility fee be waived for--
                    ``(A) passengers enplaned by any class of air 
                carrier or foreign air carrier if the number of 
                passengers enplaned by the carriers in the class 
                constitutes not more than one percent of the total 
                number of passengers enplaned annually at the airport 
                at which the fee is imposed; or
                    ``(B) passengers enplaned on a flight to an 
                airport--
                            ``(i) that has fewer than 2,500 passenger 
                        boardings each year and receives scheduled 
                        passenger service; or
                            ``(ii) in a community which has a 
                        population of less than 10,000 and is not 
                        connected by a land highway or vehicular way to 
                        the land-connected National Highway System 
                        within a State.''.
    (j) Use of the Word ``Gift'' and Priority for Airports in Surplus 
Property Disposal.--
            (1) Section 47151 is amended--
                    (A) by striking ``give'' in subsection (a) and 
                inserting ``convey to'';
                    (B) by striking ``gift'' in subsection (a)(2) and 
                inserting ``conveyance'';
                    (C) by striking ``giving'' in subsection (b) and 
                inserting ``conveying'';
                    (D) by striking ``gift'' in subsection (b) and 
                inserting ``conveyance''; and
                    (E) by adding at the end thereof the following:
    ``(d) Priority for Public Airports.--Except for requests from 
another Federal agency, a department, agency, or instrumentality of the 
Executive Branch of the United States Government shall give priority to 
a request by a public agency (as defined in section 47102 of this 
title) for surplus property described in subsection (a) of this section 
for use at a public airport.''.
            (2) Section 47152 is amended--
                    (A) by striking ``gifts'' in the section caption 
                and inserting ``conveyances''; and
                    (B) by striking ``gift'' in the first sentence and 
                inserting ``conveyance''.
            (3) The chapter analysis for chapter 471 is amended by 
        striking the item relating to section 47152 and inserting the 
        following:

``47152. Terms of conveyances.''.
            (4) Section 47153(a) is amended--
                    (A) by striking ``gift'' in paragraph (1) and 
                inserting ``conveyance'';
                    (B) by striking ``given'' in paragraph (1)(A) and 
                inserting ``conveyed''; and
                    (C) by striking ``gift'' in paragraph (1)(B) and 
                inserting ``conveyance''.
    (k) Minimum Apportionment.--Section 47114(c)(1)(B) is amended by 
adding at the end thereof the following: ``For fiscal years beginning 
after fiscal year 1999, the preceding sentence shall be applied by 
substituting `$650,000' for `$500,000'.''.
<DELETED>    (k) Apportionment for Cargo Only Airports.--Section 
47114(c)(2)(A) is amended by striking ``2.5 percent'' and inserting ``3 
percent''.</DELETED>
    (l) Apportionment for Cargo Only Airports.--
            (1) Section 47114(c)(2)(A) is amended by striking ``2.5 
        percent'' and inserting ``3 percent''.
            (2) Section 47114(c)(2) is further amended by striking 
        subparagraph (C) and redesignating subparagraph (D) as 
        subparagraph (C).
    (m) Temporary Air Service Interruptions.--Section 47114(c)(1) is 
amended by adding at the end thereof the following:
                    ``(C) The Secretary may, notwithstanding 
                subparagraph (A), apportion to an airport sponsor in a 
                fiscal year an amount equal to the amount apportioned 
                to that sponsor in the previous fiscal year if the 
                Secretary finds that--
                            ``(i) passenger boardings at the airport 
                        fell below 10,000 in the calendar year used to 
                        calculate the apportionment;
                            ``(ii) the airport had at least 10,000 
                        passenger boardings in the calendar year prior 
                        to the calendar year used to calculate 
                        apportionments to airport sponsors in a fiscal 
                        year; and
                            ``(iii) the cause of the shortfall in 
                        passenger boardings was a temporary but 
                        significant interruption in service by an air 
                        carrier to that airport due to an employment 
                        action, natural disaster, or other event 
                        unrelated to the demand for air transportation 
                        at the affected airport.''.
    <DELETED>(l)</DELETED>(n) Flexibility in Pavement Design 
Standards.--Section 47114(d) is amended by adding at the end thereof 
the following:
            ``(4) The Secretary may permit the use of State highway 
        specifications for airfield pavement construction using funds 
        made available under this subsection at nonprimary airports 
        with runways of 5,000 feet or shorter serving aircraft that do 
        not exceed 60,000 pounds gross weight, if the Secretary 
        determines that--
                    ``(A) safety will not be negatively affected; and
                    ``(B) the life of the pavement will not be shorter 
                than it would be if constructed using Administration 
                standards.
        An airport may not seek funds under this subchapter for runway 
        rehabilitation or reconstruction of any such airfield pavement 
        constructed using State highway specifications for a period of 
        10 years after construction is completed.''.
    (o) Eligibility of Runway Incursion Prevention Devices.--
            (1) Policy.--Section 47101(a)(11) is amended by inserting 
        ``(including integrated in-pavement lighting systems for 
        runways and taxiways and other runway and taxiway incursion 
        prevention devices)'' after ``activities''.
            (2) Maximum use of safety facilities.--Section 47101(f) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (9); and
                    (B) by striking ``area.'' in paragraph (10) and 
                inserting ``area; and''; and
                    (C) by adding at the end the following:
            ``(11) runway and taxiway incursion prevention devices, 
        including integrated in-pavement lighting systems for runways 
        and taxiways.''.
            (3) Airport development defined.--Section 47102(3)(B)(ii) 
        is amended by inserting ``and including integrated in-pavement 
        lighting systems for runways and taxiways and other runway and 
        taxiway incursion prevention devices'' before the semicolon at 
        the end.

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

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

SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS.

    Section 47120 is amended by--
            (1) inserting ``(a) In General.--'' before ``In''; and
            (2) adding at the end thereof the following:
    ``(b) Discretionary Funding To Be Used for Higher Priority 
Projects.--The Administrator of the Federal Aviation Administration 
shall discourage airport sponsors and airports from using entitlement 
funds for lower priority projects by giving lower priority to 
discretionary projects submitted by airport sponsors and airports that 
have used entitlement funds for projects that have a lower priority 
than the projects for which discretionary funds are being requested.''.

SEC. 208. PUBLIC NOTICE BEFORE GRANT ASSURANCE REQUIREMENT WAIVED.

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

SEC. 209. DEFINITION OF PUBLIC AIRCRAFT.

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

SEC. 210. TERMINAL DEVELOPMENT COSTS.

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

SEC. 211. AIRFIELD PAVEMENT CONDITIONS.

    (a) Evaluation of Options.--The Administrator of the Federal 
Aviation Administration shall evaluate options for improving the 
quality of information available to the Administration on airfield 
pavement conditions for airports that are part of the national air 
transportation system, including--
            (1) improving the existing runway condition information 
        contained in the Airport Safety Data Program by reviewing and 
        revising rating criteria and providing increased training for 
        inspectors;
            (2) requiring such airports to submit pavement condition 
        index information as part of their airport master plan or as 
        support in applications for airport improvement grants; and
            (3) requiring all such airports to submit pavement 
        condition index information on a regular basis and using this 
        information to create a pavement condition database that could 
        be used in evaluating the cost-effectiveness of project 
        applications and forecasting anticipated pavement needs.
    (b) Report to Congress.--The Administrator shall transmit a report, 
containing an evaluation of such options, to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure not 
later than 12 months after the date of enactment of this Act.

SEC. 212. DISCRETIONARY GRANTS.

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

                 TITLE III--AMENDMENTS TO AVIATION LAW

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

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

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

<DELETED>SEC. 302. FOREIGN CARRIERS ELIGIBLE FOR WAIVER UNDER AIRPORT 
              NOISE AND CAPACITY ACT.</DELETED>

<DELETED>    The first sentence of section 47528(b)(1) is amended by 
inserting ``or foreign air carrier'' after ``air carrier'' the first 
place it appears and after ``carrier'' the first place it 
appears.</DELETED>

SEC. 302. LIMITED TRANSPORTATION OF CERTAIN AIRCRAFT.

    Section 47528(e) is amended by adding at the end thereof the 
following:
            ``(4) An air carrier operating Stage 2 aircraft under this 
        subsection may transport Stage 2 aircraft to or from the 48 
        contiguous States on a non-revenue basis in order to--
                    ``(A) perform maintenance (including major 
                alterations) or preventative maintenance on aircraft 
                operated, or to be operated, within the limitations of 
                paragraph (2)(B); or
                    ``(B) conduct operations within the limitations of 
                paragraph (2)(B).''.

SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA.

    Section 44903 is amended by adding at the end thereof the 
following:
    ``(f) Government and Industry Consortia.--The Administrator may 
establish at airports such consortia of government and aviation 
industry representatives as the Administrator may designate to provide 
advice on matters related to aviation security and safety. Such 
consortia shall not be considered federal advisory committees for 
purposes of the Federal Advisory Committee Act (5 U.S.C. App.).''.

SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.

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

SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY.

    <DELETED>Section 45301 is amended by striking ``government.'' in 
subsection (a)(2) and inserting ``government or to any entity obtaining 
services outside the United States.''.
</DELETED>    Section 45301(a)(2) is amended to read as follows:
            ``(2) Services provided to a foreign government or to any 
        entity obtaining services outside the United States other 
        than--
                    ``(A) air traffic control services; and
                    ``(B) fees for production-certification-related 
                service (as defined in Appendix C of part 187 of title 
                14, Code of Federal Regulations) performed outside the 
                United States.''.

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

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

SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM.

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

SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

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

SEC. 309. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR TRANSPORTATION 
              WITHOUT AN AIRMAN'S CERTIFICATE.

    (a) In General.--Chapter 463 is amended by adding at the end the 
following:
``Sec. 46317. Criminal penalty for pilots operating in air 
              transportation without an airman's certificate
    ``(a) Application.--This section applies only to aircraft used to 
provide air transportation.
    ``(b) General Criminal Penalty.--An individual shall be fined under 
title 18, imprisoned for not more than 3 years, or both, if that 
individual--
            ``(1) knowingly and willfully serves or attempts to serve 
        in any capacity as an airman without an airman's certificate 
        authorizing the individual to serve in that capacity; or
            ``(2) knowingly and willfully employs for service or uses 
        in any capacity as an airman an individual who does not have an 
        airman's certificate authorizing the individual to serve in 
        that capacity.
    ``(c) Controlled Substance Criminal Penalty.--
            ``(1) In this subsection, the term `controlled substance' 
        has the same meaning given that term in section 102 of the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
        U.S.C. 802).
            ``(2) An individual violating subsection (b) shall be fined 
        under title 18, imprisoned for not more than 5 years, or both, 
        if the violation is related to transporting a controlled 
        substance by aircraft or aiding or facilitating a controlled 
        substance violation and that transporting, aiding, or 
        facilitating--
                    ``(A) is punishable by death or imprisonment of 
                more than 1 year under a Federal or State law; or
                    ``(B) is related to an act punishable by death or 
                imprisonment for more than 1 year under a Federal or 
                State law related to a controlled substance (except a 
                law related to simple possession (as that term is used 
                in section 46306(c)) of a controlled substance).
            ``(3) A term of imprisonment imposed under paragraph (2) 
        shall be served in addition to, and not concurrently with, any 
        other term of imprisonment imposed on the individual subject to 
        the imprisonment.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 463 is 
amended by adding at the end thereof the following:

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

SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNECTION REQUIREMENTS.

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

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

                        TITLE IV--MISCELLANEOUS

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

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

SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINE.

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

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

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

SEC. 404. AIRPLANE EMERGENCY LOCATORS.

    (a) Requirement.--Section 44712(b) is amended to read as follows:
    ``(b) Nonapplication.--Subsection (a) does not apply to aircraft 
when used in--
            ``(1) scheduled flights by scheduled air carriers holding 
        certificates issued by the Secretary of Transportation under 
        subpart II of this part;
            ``(2) training operations conducted entirely within a 50-
        mile radius of the airport from which the training operations 
        begin;
            ``(3) flight operations related to the design and testing, 
        manufacture, preparation, and delivery of aircraft;
            ``(4) showing compliance with regulations, exhibition, or 
        air racing; or
            ``(5) the aerial application of a substance for an 
        agricultural purpose.''.
    (b) Compliance.--Section 44712 is amended by redesignating 
subsection (c) as subsection (d), and by inserting after subsection (b) 
the following:
    ``(c) Compliance.--An aircraft is deemed to meet the requirement of 
subsection (a) if it is equipped with an emergency locator transmitter 
that transmits on the 121.5/243 megahertz frequency or the 406 
megahertz frequency, or with other equipment approved by the Secretary 
for meeting the requirement of subsection (a).''.
    (c) Effective Date; Regulations.--
            (1) Regulations.--The Secretary of Transportation shall 
        promulgate regulations under section 44712(b) of title 49, 
        United States Code, as amended by this section not later than 
        January 1, 2002.
            (2) Effective date.--The amendments made by this section 
        shall take effect on January 1, 2002.

SEC. 405. COUNTERFEIT AIRCRAFT PARTS.

    (a) Denial; Revocation; Amendment of Certificate.--
            (1) In general.--Chapter 447 is amended by adding at the 
        end thereof the following:
``Sec. 44725. Denial and revocation of certificate for counterfeit 
              parts violations
    ``(a) Denial of Certificate.--
            ``(1) In general.--Except as provided in paragraph (2) of 
        this subsection and subsection (e)(2) of this section, the 
        Administrator may not issue a certificate under this chapter to 
        any person--
                    ``(A) convicted of a violation of a law of the 
                United States or of a State relating to the 
                installation, production, repair, or sale of a 
                counterfeit or falsely-represented aviation part or 
                material; or
                    ``(B) subject to a controlling or ownership 
                interest of an individual convicted of such a 
                violation.
            ``(2) Exception.--Notwithstanding paragraph (1), the 
        Administrator may issue a certificate under this chapter to a 
        person described in paragraph (1) if issuance of the 
        certificate will facilitate law enforcement efforts.
    ``(b) Revocation of Certificate.--
            ``(1) In general.--Except as provided in subsections (f) 
        and (g) of this section, the Administrator shall issue an order 
        revoking a certificate issued under this chapter if the 
        Administrator finds that the holder of the certificate, or an 
        individual who has a controlling or ownership interest in the 
        holder--
                    ``(A) was convicted of a violation of a law of the 
                United States or of a State relating to the 
                installation, production, repair, or sale of a 
                counterfeit or falsely-represented aviation part or 
                material; or
                    ``(B) knowingly carried out or facilitated an 
                activity punishable under such a law.
            ``(2) No authority to review violation.--In carrying out 
        paragraph (1) of this subsection, the Administrator may not 
        review whether a person violated such a law.
    ``(c) Notice Requirement.--Before the Administrator revokes a 
certificate under subsection (b), the Administrator shall--
            ``(1) advise the holder of the certificate of the reason 
        for the revocation; and
            ``(2) provide the holder of the certificate an opportunity 
        to be heard on why the certificate should not be revoked.
    ``(d) Appeal.--The provisions of section 44710(d) apply to the 
appeal of a revocation order under subsection (b). For the purpose of 
applying that section to such an appeal, `person' shall be substituted 
for `individual' each place it appears.
    ``(e) Aquittal or Reversal.--
            ``(1) In general.--The Administrator may not revoke, and 
        the Board may not affirm a revocation of, a certificate under 
        subsection (b)(1)(B) of this section if the holder of the 
        certificate, or the individual, is acquitted of all charges 
        related to the violation.
            ``(2) Reissuance.--The Administrator may reissue a 
        certificate revoked under subsection (b) of this section to the 
        former holder if--
                    ``(A) the former holder otherwise satisfies the 
                requirements of this chapter for the certificate;
                    ``(B) the former holder, or individual, is 
                acquitted of all charges related to the violation on 
                which the revocation was based; or
                    ``(C) the conviction of the former holder, or 
                individual, of the violation on which the revocation 
                was based is reversed.
    ``(f) Waiver.--The Administrator may waive revocation of a 
certificate under subsection (b) of this section if--
            ``(1) a law enforcement official of the United States 
        Government, or of a State (with respect to violations of State 
        law), requests a waiver; or
            ``(2) the waiver will facilitate law enforcement efforts.
    ``(g) Amendment of Certificate.--If the holder of a certificate 
issued under this chapter is other than an individual and the 
Administrator finds that--
            ``(1) an individual who had a controlling or ownership 
        interest in the holder committed a violation of a law for the 
        violation of which a certificate may be revoked under this 
        section, or knowingly carried out or facilitated an activity 
        punishable under such a law; and
            ``(2) the holder satisfies the requirements for the 
        certificate without regard to that individual,
then the Administrator may amend the certificate to impose a limitation 
that the certificate will not be valid if that individual has a 
controlling or ownership interest in the holder. A decision by the 
Administrator under this subsection is not reviewable by the Board.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        447 is amended by adding at the end thereof the following:

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

SEC. 406. FAA MAY FINE UNRULY PASSENGERS.

    (a) In General.--Chapter 463 <DELETED>is amended by redesignating 
section 46316 as section 46217, and by inserting after section 46317 
the following: </DELETED> (as amended by section 309) is amended by 
adding at the end thereof the following:
``Sec. <DELETED>46316. </DELETED>46318. Interference with cabin or 
              flight crew
    ``(a) In General.--An individual who interferes with the duties or 
responsibilities of the flight crew or cabin crew of a civil aircraft, 
or who poses an imminent threat to the safety of the aircraft or other 
individuals on the aircraft, is liable to the United States Government 
for a civil penalty of not more than $10,000, which shall be paid to 
the Federal Aviation Administration and deposited in the account 
established by section 45303(c).
    ``(b) Compromise and Setoff.--
            ``(1) The Secretary of Transportation or the Administrator 
        may compromise the amount of a civil penalty imposed under 
        subsection (a).
            ``(2) The Government may deduct the amount of a civil 
        penalty imposed or compromised under this section from amounts 
        it owes the individual liable for the penalty.''.
    (b) Conforming Change.--The chapter analysis for chapter 463 is 
amended by 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. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS.

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

SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT LAND.

    (a) In General.--Section 47125(a) is amended to read as follows:
    ``(a) Conveyances to Public Agencies.--
            ``(1) Request for conveyance.--Except as provided in 
        subsection (b) of this section, the Secretary of 
        Transportation--
                    ``(A) shall request the head of the department, 
                agency, or instrumentality of the United States 
                Government owning or controlling land or airspace to 
                convey a property interest in the land or airspace to 
                the public agency sponsoring the project or owning or 
                controlling the airport when necessary to carry out a 
                project under this subchapter at a public airport, to 
                operate a public airport, or for the future development 
                of an airport under the national plan of integrated 
                airport systems; and
                    ``(B) may request the head of such a department, 
                agency, or instrumentality to convey a property 
                interest in the land or airspace to such a public 
                agency for a use that will complement, facilitate, or 
                augment airport development, including the development 
                of additional revenue from both aviation and 
                nonaviation sources.
            ``(2) Response to request for certain conveyances.--Within 
        4 months after receiving a request from the Secretary under 
        paragraph (1), the head of the department, agency, or 
        instrumentality shall--
                    ``(A) decide whether the requested conveyance is 
                consistent with the needs of the department, agency, or 
                instrumentality;
                    ``(B) notify the Secretary of the decision; and
                    ``(C) make the requested conveyance if--
                            ``(i) the requested conveyance is 
                        consistent with the needs of the department, 
                        agency, or instrumentality;
                            ``(ii) the Attorney General approves the 
                        conveyance; and
                            ``(iii) the conveyance can be made without 
                        cost to the United States Government.
            ``(3) Reversion.--Except as provided in subsection (b), a 
        conveyance under this subsection may only be made on the 
        condition that the property interest conveyed reverts to the 
        Government, at the option of the Secretary, to the extent it is 
        not developed for an airport purpose or used consistently with 
        the conveyance.''.
    (b) Release of Certain Conditions.--Section 47125 is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting the following after subsection (a):
    ``(b) Release of Certain Conditions.--The Secretary may grant a 
release from any term, condition, reservation, or restriction contained 
in any conveyance executed under this section, section 16 of the 
Federal Airport Act, section 23 of the Airport and Airway Development 
Act of 1970, or section 516 of the Airport and Airway Improvement Act 
of 1982, to facilitate the development of additional revenue from 
aeronautical and nonaeronautical sources if the Secretary--
            ``(1) determines that the property is no longer needed for 
        aeronautical purposes;
            ``(2) determines that the property will be used solely to 
        generate revenue for the public airport;
            ``(3) provides preliminary notice to the head of the 
        department, agency, or instrumentality that conveyed the 
        property interest at least 30 days before executing the 
        release;
            ``(4) provides notice to the public of the requested 
        release;
            ``(5) includes in the release a written justification for 
        the release of the property; and
            ``(6) determines that release of the property will advance 
        civil aviation in the United States.''.
    (c) Effective Date.--Section 47125(b) of title 49, United States 
Code, as added by subsection (b) of this section, applies to property 
interests conveyed before, on, or after the date of enactment of this 
Act.
    (d) Iditarod Area School District.--Notwithstanding any other 
provision of law (including section 47125 of title 49, United States 
Code, as amended by this section), the Administrator of the Federal 
Aviation Administration, or the Administrator of the General Services 
Administration, may convey to the Iditarod Area School District without 
reimbursement all right, title, and interest in 12 acres of property at 
Lake Minchumina, Alaska, identified by the Administrator of the Federal 
Aviation Administration, including the structures known as housing 
units 100 through 105 and as utility building 301.

SEC. 409. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

    Not later than 90 days after the date of enactment of this Act, the 
Administrator shall issue a notice of proposed rulemaking to develop 
procedures to protect air carriers and their employees from 
<DELETED>civil enforcement action under the program known as Flight 
Operations Quality Assurance. </DELETED>enforcement actions for 
violations of the Federal Aviation Regulations other than criminal or 
deliberate acts that are reported or discovered as a result of 
voluntary reporting programs, such as the Flight Operations Quality 
Assurance Program and the Aviation Safety Action Program. Not later 
than 1 year after the last day of the period for public comment 
provided for in the notice of proposed rulemaking, the Administrator 
shall issue a final rule establishing those procedures.

SEC. 410. WIDE AREA AUGMENTATION SYSTEM.

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

SEC. 411. REGULATION OF ALASKA AIR GUIDES.

    The Administrator shall reissue the notice to operators originally 
published in the Federal Register on January 2, 1998, which advised 
Alaska guide pilots of the applicability of part 135 of title 14, Code 
of Federal Regulations, to guide pilot operations. In reissuing the 
notice, the Administrator shall provide for not less than 60 days of 
public comment on the Federal Aviation Administration action. If, 
notwithstanding the public comments, the Administrator decides to 
proceed with the action, the Administrator shall publish in the Federal 
Register a notice justifying the Administrator's decision and providing 
at least 90 days for compliance.

<DELETED>SEC. 412. APPLICATION OF FAA REGULATIONS.</DELETED>

SEC. 412. ALASKA RURAL AVIATION IMPROVEMENT.

    <DELETED>Section 40113 </DELETED>(a) Application of FAA 
Regulations.--Section 40113 is amended by adding at the end thereof the 
following:
    ``(f) Application of Certain Regulations to Alaska.--In amending 
title 14, Code of Federal Regulations, in a manner affecting intrastate 
aviation in Alaska, the Administrator of the Federal Aviation 
Administration shall consider the extent to which Alaska is not served 
by transportation modes other than aviation, and shall establish such 
regulatory distinctions as the Administrator considers appropriate.''.
    (b) Aviation Closed Circuit Television.--The Administrator of the 
Federal Aviation Administration, in consultation with commercial and 
general aviation pilots, shall install closed circuit weather 
surveillance equipment at not fewer that 15 rural airports in Alaska 
and provide for the dissemination of information derived from such 
equipment to pilots for pre-flight planning purposes and en route 
purposes, including through the dissemination of such information to 
pilots by flight service stations. There are authorized to be 
appropriated $2,000,000 for the purposes of this subsection.
    (c) Mike-in-hand Weather Observation.--The Administrator of the 
Federal Aviation Administration and the Assistant Administrator of the 
National Weather Service, in consultation with the National 
Transportation Safety Board and the Governor of the State of Alaska, 
shall develop and implement a ``mike-in-hand'' weather observation 
program in Alaska under which Federal Aviation Administration 
employees, National Weather Service employees, other Federal or State 
employees sited at an airport, or persons contracted specifically for 
such purpose (including part-time contract employees who are not sited 
at such airport), will provide near-real time aviation weather 
information via radio and otherwise to pilots who request such 
information.
    (d) Rural IFR Compliance.--There are authorized to be appropriated 
$4,000,000 to the Administrator for runway lighting and weather 
reporting systems at remote airports in Alaska to implement the 
CAPSTONE project.

SEC. 413. HUMAN FACTORS PROGRAM.

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

``44516. Human factors program.''.

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

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

SEC. 415. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.

    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;''.

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

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

SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.

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

SEC. 418. RECYCLING OF EIS.

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

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

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

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``Sec. 42121. Protection of employees providing air safety information
    ``(a) Discrimination Against Airline Employees.--No air carrier or 
contractor or subcontractor of an air carrier may discharge an employee 
of the air carrier or the contractor or subcontractor of an air carrier 
or otherwise discriminate against any such employee with respect to 
compensation, terms, conditions, or privileges of employment because 
the employee (or any person acting pursuant to a request of the 
employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided to the Federal Government 
        information relating to any violation or alleged violation of 
        any order, regulation, or standard of the Federal Aviation 
        Administration or any other provision of Federal law relating 
        to air carrier safety under this subtitle or any other law of 
        the United States;
            ``(2) has filed, caused to be filed, or is about to file or 
        cause to be filed a proceeding relating to any violation or 
        alleged violation of any order, regulation, or standard of the 
        Federal Aviation Administration or any other provision of 
        Federal law relating to air carrier safety under this subtitle 
        or any other law of the United States;
            ``(3) testified or will testify in such a proceeding; or
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding.
    ``(b) Department of Labor Complaint Procedure.--
            ``(1) Filing and notification.--
                    ``(A) In general.--In accordance with this 
                paragraph, a person may file (or have a person file on 
                behalf of that person) a complaint with the Secretary 
                of Labor if that person believes that an air carrier or 
                contractor or subcontractor of an air carrier 
                discharged or otherwise discriminated against that 
                person in violation of subsection (a).
                    ``(B) Requirements for filing complaints.--A 
                complaint referred to in subparagraph (A) may be filed 
                not later than 90 days after an alleged violation 
                occurs. The complaint shall state the alleged 
                violation.
                    ``(C) Notification.--Upon receipt of a complaint 
                submitted under subparagraph (A), the Secretary of 
                Labor shall notify the air carrier, contractor, or 
                subcontractor named in the complaint and the 
                Administrator of the Federal Aviation Administration of 
                the--
                            ``(i) filing of the complaint;
                            ``(ii) allegations contained in the 
                        complaint;
                            ``(iii) substance of evidence supporting 
                        the complaint; and
                            ``(iv) opportunities that are afforded to 
                        the air carrier, contractor, or subcontractor 
                        under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--
                            ``(i) Investigation.--Not later than 60 
                        days after receipt of a complaint filed under 
                        paragraph (1) and after affording the person 
                        named in the complaint an opportunity to submit 
                        to the Secretary of Labor a written response to 
                        the complaint and an opportunity to meet with a 
                        representative of the Secretary to present 
                        statements from witnesses, the Secretary of 
                        Labor shall conduct an investigation and 
                        determine whether there is reasonable cause to 
                        believe that the complaint has merit and notify 
                        in writing the complainant and the person 
                        alleged to have committed a violation of 
                        subsection (a) of the Secretary's findings.
                            ``(ii) Order.--Except as provided in 
                        subparagraph (B), if the Secretary of Labor 
                        concludes that there is reasonable cause to 
                        believe that a violation of subsection (a) has 
                        occurred, the Secretary shall accompany the 
                        findings referred to in clause (i) with a 
                        preliminary order providing the relief 
                        prescribed under paragraph (3)(B).
                            ``(iii) Objections.--Not later than 30 days 
                        after the date of notification of findings 
                        under this paragraph, the person alleged to 
                        have committed the violation or the complainant 
                        may file objections to the findings or 
                        preliminary order and request a hearing on the 
                        record.
                            ``(iv) Effect of filing.--The filing of 
                        objections under clause (iii) shall not operate 
                        to stay any reinstatement remedy contained in 
                        the preliminary order.
                            ``(v) Hearings.--Hearings conducted 
                        pursuant to a request made under clause (iii) 
                        shall be conducted <DELETED>expeditiously. 
                        </DELETED>expeditiously and governed by the 
                        Federal Rules of Civil Procedure. If a hearing 
                        is not requested during the 30-day period 
                        prescribed in clause (iii), the preliminary 
                        order shall be deemed a final order that is not 
                        subject to judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed under this subsection and shall not 
                        conduct an investigation otherwise required 
                        under subparagraph (A) unless the complainant 
                        makes a prima facie showing that any behavior 
                        described in paragraphs (1) through (4) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary that 
                        the complainant has made the showing required 
                        under clause (i), no investigation otherwise 
                        required under subparagraph (A) shall be 
                        conducted if the employer demonstrates, by 
                        clear and convincing evidence, that the 
                        employer would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
                            ``(iii) Criteria for determination by 
                        Secretary.--The Secretary may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (4) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--
                            ``(i) In general.--Not later than 120 days 
                        after conclusion of a hearing under paragraph 
                        (2), the Secretary of Labor shall issue a final 
                        order that--
                                    ``(I) provides relief in accordance 
                                with this paragraph; or
                                    ``(II) denies the complaint.
                            ``(ii) Settlement agreement.--At any time 
                        before issuance of a final order under this 
                        paragraph, a proceeding under this subsection 
                        may be terminated on the basis of a settlement 
                        agreement entered into by the Secretary of 
                        Labor, the complainant, and the air carrier, 
                        contractor, or subcontractor alleged to have 
                        committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the air carrier, 
                contractor, or subcontractor that the Secretary of 
                Labor determines to have committed the violation to--
                            ``(i) take action to abate the violation;
                            ``(ii) reinstate the complainant to the 
                        former position of the complainant and ensure 
                        the payment of compensation (including back 
                        pay) and the restoration of terms, conditions, 
                        and privileges associated with the employment; 
                        and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                    ``(C) Costs of complaint.--If the Secretary of 
                Labor issues a final order that provides for relief in 
                accordance with this paragraph, the Secretary of Labor, 
                at the request of the complainant, shall assess against 
                the air carrier, contractor, or subcontractor named in 
                the order an amount equal to the aggregate amount of 
                all costs and expenses (including attorney and expert 
                witness fees) reasonably incurred by the complainant 
                (as determined by the Secretary of Labor) for, or in 
                connection with, the bringing of the complaint that 
                resulted in the issuance of the order.
            ``(4) Frivolous complaints.--Rule 11 of the Federal Rules 
        of Civil Procedure applies to any complaint brought under this 
        section that the Secretary finds to be frivolous or to have 
        been brought in bad faith.
            ``<DELETED>(4) </DELETED>(5) Review.--
                    ``(A) Appeal to court of appeals.--
                            ``(i) In general.--Not later than 60 days 
                        after a final order is issued under paragraph 
                        (3), a person adversely affected or aggrieved 
                        by that order may obtain review of the order in 
                        the United States court of appeals for the 
                        circuit in which the violation allegedly 
                        occurred or the circuit in which the 
                        complainant resided on the date of that 
                        violation.
                            ``(ii) Requirements for judicial review.--A 
                        review conducted under this paragraph shall be 
                        conducted in accordance with chapter 7 of title 
                        5. The commencement of proceedings under this 
                        subparagraph shall not, unless ordered by the 
                        court, operate as a stay of the order that is 
                        the subject of the review.
                    ``(B) Limitation on collateral attack.--An order 
                referred to in subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
            ``<DELETED>(5) </DELETED>(6) Enforcement of order by 
        secretary of labor.--
                    ``(A) In general.--If an air carrier, contractor, 
                or subcontractor named in an order issued under 
                paragraph (3) fails to comply with the order, the 
                Secretary of Labor may file a civil action in the 
                United States district court for the district in which 
                the violation occurred to enforce that order.
                    ``(B) Relief.--In any action brought under this 
                paragraph, the district court shall have jurisdiction 
to grant any appropriate form of relief, including injunctive relief 
and compensatory damages.
            ``<DELETED>(6) </DELETED>(7) Enforcement of order by 
        parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order is issued under paragraph (3) may 
                commence a civil action against the air carrier, 
                contractor, or subcontractor named in the order to 
                require compliance with the order. The appropriate 
                United States district court shall have jurisdiction, 
                without regard to the amount in controversy or the 
                citizenship of the parties, to enforce the order.
                    ``(B) Attorney fees.--In issuing any final order 
                under this paragraph, the court may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party if the court determines that 
                the awarding of those costs is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28.
    ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of an air carrier, or 
contractor or subcontractor of an air carrier who, acting without 
direction from the air carrier (or an agent, contractor, or 
subcontractor of the air carrier), deliberately causes a violation of 
any requirement relating to air carrier safety under this subtitle or 
any other law of the <DELETED>United States.''. </DELETED>United 
States.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for an air carrier.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 421 is 
amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.''.
    (c) Civil Penalty.--Section 46301(a)(1)(A) is amended by striking 
``subchapter II of chapter 421,'' and inserting ``subchapter II or III 
of chapter 421,''.

SEC. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

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

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

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

SEC. 422. TOURISM.

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

SEC. 423. EQUIVALENCY OF FAA AND EU SAFETY STANDARDS.

    The Administrator of the Federal Aviation Administration shall 
determine whether the Administration's safety regulations are 
equivalent to the safety standards set forth in European Union 
Directive 89/336EEC. If the Administrator determines that the standards 
are equivalent, the Administrator shall work with the Secretary of 
Commerce to gain acceptance of that determination pursuant to the 
Mutual Recognition Agreement between the United States and the European 
Union of May 18, 1998, in order to ensure that aviation products 
approved by the Administration are acceptable under that Directive.

SEC. 424. SENSE OF THE SENATE ON PROPERTY TAXES ON PUBLIC-USE AIRPORTS.

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

SEC. 425. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

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

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

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

<DELETED>SEC. 427. REPORT ON ENHANCED DOMESTIC AIRLINE 
              COMPETITION.</DELETED>

<DELETED>    (a) Findings.--The Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) There has been a reduction in the level of 
        competition in the domestic airline business brought about by 
        mergers, consolidations, and proposed domestic 
        alliances.</DELETED>
        <DELETED>    (2) Foreign citizens and foreign air carriers may 
        be willing to invest in existing or start-up airlines if they 
        are permitted to acquire a larger equity share of a United 
        States airline.</DELETED>
<DELETED>    (b) Study.--The Secretary of Transportation, after 
consulting the appropriate Federal agencies, shall study and report to 
the Congress not later than June 30, 1999, on the desirability and 
implications of--</DELETED>
        <DELETED>    (1) decreasing the foreign ownership provision in 
        section 40102(a)(15) of title 49, United States Code, to 51 
        percent from 75 percent; and</DELETED>
        <DELETED>    (2) changing the definition of air carrier in 
        section 40102(a)(2) of such title by substituting ``a company 
        whose principal place of business is in the United States'' for 
        ``a citizen of the United States''.</DELETED>

SEC. 427. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN 
              RESPONDING TO OIL SPILLS.

    (a) Authority.--
            (1) Notwithstanding section 202 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 483) and subject 
        to subsections (b) and (c), the Secretary of Defense may, 
        during the period beginning March 1, 1999, and ending on 
        September 30, 2002, sell aircraft and aircraft parts referred 
        to in paragraph (2) to a person or entity that contracts to 
        deliver oil dispersants by air in order to disperse oil spills, 
        and that has been approved by the Secretary of the Department 
        in which the Coast Guard is operating, for the delivery of oil 
        dispersants by air in order to disperse oil spills.
            (2) The aircraft and aircraft parts that may be sold under 
        paragraph (1) are aircraft and aircraft parts of the Department 
        of Defense that are determined by the Secretary to be--
                    (A) excess to the needs of the Department;
                    (B) acceptable for commercial sale; and
                    (C) with respect to aircraft, 10 years old or 
                older.
    (b) Conditions of Sale.--Aircraft and aircraft parts sold under 
subsection (a)--
            (1) may be used only for oil spill spotting, observation, 
        and dispersant delivery; and
            (2) may not be flown outside of or removed from the United 
        States except for the purpose of fulfilling an international 
        agreement to assist in oil spill dispersing efforts, or for 
        other purposes that are jointly approved by the Secretary of 
        Defense and the Secretary of Transportation.
    (c) Certification of persons and entities.--The Secretary of 
Defense may sell aircraft and aircraft parts to a person or entity 
under subsection (a) only if the Secretary of Transportation certifies 
to the Secretary of Defense, in writing, before the sale, that the 
person or entity is capable of meeting the terms and conditions of a 
contract to deliver oil spill dispersants by air.
    (d) Regulations.--
            (1) As soon as practicable after the date of enactment of 
        this Act, the Secretary of Defense shall, in consultation with 
        the Secretary of Transportation and the Administrator of 
        General Services, prescribe regulations relating to the sale of 
        aircraft and aircraft parts under this section.
            (2) The regulations shall--
                    (A) ensure that the sale of the aircraft and 
                aircraft parts is made at a fair market value as 
                determined by the Secretary of Defense, and, to the 
                extent practicable, on a competitive basis;
                    (B) require a certification by the purchaser that 
                the aircraft and aircraft parts will be used in 
                subsection (b);
                    (C) establish appropriate means of verifying and 
                enforcing the use of the aircraft and aircraft parts by 
                the purchaser and other end-users in accordance with 
                the conditions set forth in subsection (b) or pursuant 
                to sub- section (e); and
                    (D) ensure, to the maximum extent practicable, that 
                the Secretary of Defense consults with the 
                Administrator of General Services and with the heads of 
                appropriate departments and agencies of the Federal 
                Government regarding alternative requirements for such 
                aircraft and aircraft parts before the sale of such 
                aircraft and aircraft parts under this section.
    (e) Additional Terms and Conditions.--The Secretary of Defense may 
require such other terms and conditions in connection with each sale of 
aircraft and aircraft parts under this section as the Secretary 
considers appropriate for such sale. Such terms and conditions shall 
meet the requirements of regulations prescribed under subsection (d).
    (f) Report.--Not later than March 31, 2002, the Secretary of 
Defense shall submit to the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representatives 
a report on the Secretary's exercise of authority under this section. 
The report shall set forth--
            (1) the number and types of aircraft sold under the 
        authority, and the terms and conditions under which the 
        aircraft were sold;
            (2) the persons or entities to which the aircraft were 
        sold; and
            (3) an accounting of the current use of the air- craft 
        sold.
    (g) Construction.--Nothing in this section may be construed as 
affecting the authority of the Administrator of the Federal Aviation 
Administration under any other provision of law.
    (h) Proceeds from Sale.--The net proceeds of any amounts received 
by the Secretary of Defense from the sale of aircraft and aircraft 
parts under this section shall be covered into the general fund of the 
Treasury as miscellaneous receipts.

SEC. 428. AIRCRAFT SITUATIONAL DISPLAY DATA.

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

SEC. 429. TO EXPRESS THE SENSE OF THE SENATE CONCERNING A BILATERAL 
              AGREEMENT BETWEEN THE UNITED STATES AND THE UNITED 
              KINGDOM REGARDING CHARLOTTE-LONDON ROUTE.

    (a) Definitions.--In this section:
            (1) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102 of title 49, United States 
        Code.
            (2) Bermuda ii agreement.--The term ``Bermuda II 
        Agreement'' means the Agreement Between the United States of 
        America and United Kingdom of Great Britain and Northern 
        Ireland Concerning Air Services, signed at Bermuda on July 23, 
        1977 (TIAS 8641).
            (3) Charlotte-london (gatwick) route.--The term 
        ``Charlotte-London (Gatwick) route'' means the route between 
        Charlotte, North Carolina, and the Gatwick Airport in London, 
        England.
            (4) Foreign air carrier.--The term ``foreign air carrier'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Findings.--Congress finds that--
            (1) under the Bermuda II Agreement, the United States has a 
        right to designate an air carrier of the United States to serve 
        the Charlotte-London (Gatwick) route;
            (2) the Secretary awarded the Charlotte-London (Gatwick) 
        route to US Airways on September 12, 1997, and on May 7, 1998, 
        US Airways announced plans to launch nonstop service in 
        competition with the monopoly held by British Airways on the 
        route and to provide convenient single-carrier one-stop service 
        to the United Kingdom from dozens of cities in North Carolina 
        and South Carolina and the surrounding region;
            (3) US Airways was forced to cancel service for the 
        Charlotte-London (Gatwick) route for the summer of 1998 and the 
        following winter because the Government of the United Kingdom 
        refused to provide commercially viable access to Gatwick 
        Airport;
            (4) British Airways continues to operate monopoly service 
        on the Charlotte-London (Gatwick) route and recently upgraded 
        the aircraft for that route to B-777 aircraft;
            (5) British Airways had been awarded an additional monopoly 
        route between London England and Denver, Colorado, resulting in 
        a total of 10 monopoly routes operated by British Airways 
        between the United Kingdom and points in the United States;
            (6) monopoly service results in higher fares to passengers; 
        and
            (7) US Airways is prepared, and officials of the air 
        carrier are eager, to initiate competitive air service on the 
        Charlotte-London (Gatwick) route as soon as the Government of 
        the United Kingdom provides commercially viable access to the 
        Gatwick Airport.
    (c) Sense of the Senate.--It is the sense of the Senate that the 
Secretary should--
            (1) act vigorously to ensure the enforcement of the rights 
        of the United States under the Bermuda II Agreement;
            (2) intensify efforts to obtain the necessary assurances 
        from the Government of the United Kingdom to allow an air 
        carrier of the United States to operate commercially viable, 
        competitive service for the Charlotte-London (Gatwick) route; 
        and
            (3) ensure that the rights of the Government of the United 
        States and citizens and air carriers of the United States are 
        enforced under the Bermuda II Agreement before seeking to 
        renegotiate a broader bilateral agreement to establish 
        additional rights for air carriers of the United States and 
foreign air carriers of the United Kingdom.

SEC. 430. TO EXPRESS THE SENSE OF THE SENATE CONCERNING A BILATERAL 
              AGREEMENT BETWEEN THE UNITED STATES AND THE UNITED 
              KINGDOM REGARDING CLEVELAND-LONDON ROUTE.

    (a) Definitions.--In this section:
            (1) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102 of title 49, United States 
        Code.
            (2) Aircraft.--The term ``aircraft'' has the meaning given 
        that term in section 40102 of title 49, United States Code.
            (3) Air transportation.--The term ``air transportation'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (4) Bermuda ii agreement.--The term ``Bermuda II 
        Agreement'' means the Agreement Between the United States of 
        America and United Kingdom of Great Britain and Northern 
        Ireland Concerning Air Services, signed at Bermuda on July 23, 
        1977 (TIAS 8641).
            (5) Cleveland-london (gatwick) route.--The term 
        ``Cleveland-London (Gatwick) route'' means the route between 
        Cleveland, Ohio, and the Gatwick Airport in London, England.
            (6) Foreign air carrier.--The term ``foreign air carrier'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (8) Slot.--The term ``slot'' means a reservation for an 
        instrument flight rule takeoff or landing by an air carrier of 
        an aircraft in air transportation.
    (b) Findings.--Congress finds that--
            (1) under the Bermuda II Agreement, the United States has a 
        right to designate an air carrier of the United States to serve 
        the Cleveland-London (Gatwick) route;
            (2)(A) on December 3, 1996, the Secretary awarded the 
        Cleveland-London (Gatwick) route to Continental Airlines;
            (B) on June 15, 1998, Continental Airlines announced plans 
        to launch nonstop service on that route on February 19, 1999, 
        and to provide single-carrier one-stop service between London, 
        England (from Gatwick Airport) and dozens of cities in Ohio and 
        the surrounding region; and
            (C) on August 4, 1998, the Secretary tentatively renewed 
        the authority of Continental Airlines to carry out the nonstop 
        service referred to in subparagraph (B) and selected Cleveland, 
        Ohio, as a new gateway under the Bermuda II Agreement;
            (3) unless the Government of the United Kingdom provides 
        Continental Airlines commercially viable access to Gatwick 
        Airport, Continental Airlines will not be able to initiate 
        service on the Cleveland-London (Gatwick) route; and
            (4) Continental Airlines is prepared to initiate 
        competitive air service on the Cleveland-London (Gatwick) route 
        when the Government of the United Kingdom provides commercially 
        viable access to the Gatwick Airport.
    (c) Sense of the Senate.--It is the sense of the Senate that the 
Secretary should--
            (1) act vigorously to ensure the enforcement of the rights 
        of the United States under the Bermuda II Agreement;
            (2) intensify efforts to obtain the necessary assurances 
        from the Government of the United Kingdom to allow an air 
        carrier of the United States to operate commercially viable, 
        competitive service for the Cleveland-London (Gatwick) route; 
        and
            (3) ensure that the rights of the Government of the United 
        States and citizens and air carriers of the United States are 
        enforced under the Bermuda II Agreement before seeking to 
        renegotiate a broader bilateral agreement to establish 
        additional rights for air carriers of the United States and 
        foreign air carriers of the United Kingdom, including the right 
        to commercially viable competitive slots at Gatwick Airport and 
        Heathrow Airport in London, England, for air carriers of the 
        United States.

SEC. 431. ALLOCATION OF TRUST FUND FUNDING.

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

SEC. 432. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEMONSTRATION 
              PROJECT.

    Within 18 months after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall work with 
the Taos Pueblo to study the feasibility of conducting a demonstration 
project to require all aircraft that fly over Taos Pueblo and the Blue 
Lakes Wilderness Area of Taos Pueblo, New Mexico, to maintain a 
mandatory minimum altitude of at least 5,000 feet above ground level.

SEC. 433. AIRLINE MARKETING DISCLOSURE.

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

SEC. 434. CERTAIN AIR TRAFFIC CONTROL TOWERS.

    Notwithstanding any other provision of law, regulation, 
intergovernmental circular advisories or other process, or any judicial 
proceeding or ruling to the contrary, the Federal Aviation 
Administration shall use such funds as necessary to contract for the 
operation of air traffic control towers, located in Salisbury, 
Maryland; Bozeman, Montana; and Boca Raton, Florida: Provided, That the 
Federal Aviation Administration has made a prior determination of 
eligibility for such towers to be included in the contract tower 
program.

SEC. 435. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT.

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

SEC. 436. FAA STUDY OF BREATHING HOODS.

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

SEC. 437. FAA STUDY OF ALTERNATIVE POWER SOURCES FOR FLIGHT DATA 
              RECORDERS AND COCKPIT VOICE RECORDERS.

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

SEC. 438. PASSENGER FACILITY FEE LETTERS OF INTENT.

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

SEC. 439. ELIMINATION OF HAZMAT ENFORCEMENT BACKLOG.

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

SEC. 440. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

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

                TITLE V--AVIATION COMPETITION PROMOTION

SEC. 501. PURPOSE.

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

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

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

SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM.

    (a) In General.--Subchapter II of chapter 417 is amended by adding 
at the end thereof the following:
``Sec. 41743. Air service program for small communities
    ``(a) Communities Program.--Under advisory guidelines prescribed by 
the Secretary of Transportation, a small community or a consortia of 
small communities or a State may develop an assessment of its air 
service requirements, in such form as the program director designated 
by the Secretary under section 102(g) may require, and submit the 
assessment and service proposal to the program director.
    ``(b) Selection of Participants.--In selecting community programs 
for participation in the communities program under subsection (a), the 
program director shall apply criteria, including geographical diversity 
and the presentation of unique circumstances, that will demonstrate the 
feasibility of the program. For purposes of this subsection, the 
application of geographical diversity criteria means criteria that--
            ``(1) will promote the development of a national air 
        transportation system; and
            ``(2) will involve the participation of communities in all 
        regions of the country.
    ``(c) Carriers Program.--The program director shall invite part 121 
air carriers and regional/commuter carriers (as such terms are defined 
in section 41715(d) of this title) to offer service proposals in 
response to, or in conjunction with, community aircraft service 
assessments submitted to the office under subsection (a). A service 
proposal under this paragraph shall include--
            ``(1) an assessment of potential daily passenger traffic, 
        revenues, and costs necessary for the carrier to offer the 
        service;
            ``(2) a forecast of the minimum percentage of that traffic 
        the carrier would require the community to garner in order for 
        the carrier to start up and maintain the service; and
            ``(3) the costs and benefits of providing jet service by 
        regional or other jet aircraft.
    ``(d) Program Support Function.--The program director shall work 
with small communities and air carriers, taking into account their 
proposals and needs, to facilitate the initiation of service. The 
program director--
            ``(1) may work with communities to develop innovative means 
        and incentives for the initiation of service;
            ``(2) may obligate funds authorized under section 504 of 
        the Air Transportation Improvement Act to carry out this 
        section;
            ``(3) shall continue to work with both the carriers and the 
        communities to develop a combination of community incentives 
        and carrier service levels that--
                    ``(A) are acceptable to communities and carriers; 
                and
                    ``(B) do not conflict with other Federal or State 
                programs to facilitate air transportation to the 
                communities;
            ``(4) designate an airport in the program as an Air Service 
        Development Zone and work with the community on means to 
        attract business to the area surrounding the airport, to 
        develop land use options for the area, and provide data, 
        working with the Department of Commerce and other agencies;
            ``(5) take such other action under this chapter as may be 
        appropriate.
    ``(e) Limitations.--
            ``(1) Community support.--The program director may not 
        provide financial assistance under subsection (c)(2) to any 
        community unless the program director determines that--
                    ``(A) a public-private partnership exists at the 
                community level to carry out the community's proposal;
                    ``(B) the community will make a substantial 
                financial contribution that is appropriate for that 
                community's resources, but of not less than 25 percent 
                of the cost of the project in any event;
                    ``(C) the community has established an open process 
                for soliciting air service proposals; and
                    ``(D) the community will accord similar benefits to 
                air carriers that are similarly situated.
            ``(2) Amount.--The program director may not obligate more 
        than <DELETED>$30,000,000 </DELETED>$80,000,000 of the amounts 
        authorized under 504 of the Air Transportation Improvement Act 
        over the 4 years of the program.
            ``(3) Number of participants.--The program established 
        under subsection (a) shall not involve more than 40 communities 
        or consortia of communities.
    ``(f) Report.--The program director shall report through the 
Secretary to the Congress annually on the progress made under this 
section during the preceding year in expanding commercial aviation 
service to smaller communities.
``Sec. 41744. Pilot program project authority
    ``(a) In General.--The program director designated by the Secretary 
of Transportation under section 102(g)(1) shall establish a 4-year 
pilot program--
            ``(1) to assist communities and States with inadequate 
        access to the national transportation system to improve their 
        access to that system; and
            ``(2) to facilitate better air service link-ups to support 
        the improved access.
    ``(b) Project Authority.--Under the pilot program established 
pursuant to subsection (a), the program director may--
            ``(1) out of amounts authorized under section 504 of the 
        Air Transportation Improvement Act, provide financial 
        assistance by way of grants to small communities or consortia 
        of small communities under section 41743 of up to $500,000 per 
        year; and
            ``(2) take such other action as may be appropriate.
    ``(c) Other Action.--Under the pilot program established pursuant 
to subsection (a), the program director may facilitate service by--
            ``(1) working with airports and air carriers to ensure that 
        appropriate facilities are made available at essential 
        airports;
            ``(2) collecting data on air carrier service to small 
        communities; and
            ``(3) providing policy recommendations to the Secretary to 
        stimulate air service and competition to small communities.
    ``(d) Additional Action.--Under the pilot program established 
pursuant to subsection (a), the Secretary shall work with air carriers 
providing service to participating communities and major air carriers 
serving large hub airports (as defined in section 41731(a)(3)) to 
facilitate joint fare arrangements consistent with normal industry 
practice.
``Sec. 41745. Assistance to communities for service
    ``(a) In General.--Financial assistance provided under section 
41743 during any fiscal year as part of the pilot program established 
under section 41744(a) shall be implemented for not more than--
            ``(1) 4 communities within any State at any given time; and
            ``(2) 40 communities in the entire program at any time.
For purposes of this subsection, a consortium of communities shall be 
treated as a single community.
    ``(b) Eligibility.--In order to participate in a pilot project 
under this subchapter, a State, community, or group of communities 
shall apply to the Secretary in such form and at such time, and shall 
supply such information, as the Secretary may require, and shall 
demonstrate to the satisfaction of the Secretary that--
            ``(1) the applicant has an identifiable need for access, or 
        improved access, to the national air transportation system that 
        would benefit the public;
            ``(2) the pilot project will provide material benefits to a 
        broad section of the travelling public, businesses, educational 
        institutions, and other enterprises whose access to the 
        national air transportation system is limited;
            ``(3) the pilot project will not impede competition; and
            ``(4) the applicant has established, or will establish, 
        public-private partnerships in connection with the pilot 
        project to facilitate service to the public.
    ``(c) Coordination with Other Provisions of Subchapter.--The 
Secretary shall carry out the 4-year pilot program authorized by this 
subchapter in such a manner as to complement action taken under the 
other provisions of this subchapter. To the extent the Secretary 
determines to be appropriate, the Secretary may adopt criteria for 
implementation of the 4-year pilot program that are the same as, or 
similar to, the criteria developed under the preceding sections of this 
subchapter for determining which airports are eligible under those 
sections. The Secretary shall also, to the extent possible, provide 
incentives where no direct, viable, and feasible alternative service 
exists, taking into account geographical diversity and appropriate 
market definitions.
    ``(d) Maximization of Participation.--The Secretary shall structure 
the program established pursuant to section 41744(a) in a way designed 
to--
            ``(1) permit the participation of the maximum feasible 
        number of communities and States over a 4-year period by 
        limiting the number of years of participation or otherwise; and
            ``(2) obtain the greatest possible leverage from the 
        financial resources available to the Secretary and the 
        applicant by--
                    ``(A) progressively decreasing, on a project-by-
                project basis, any Federal financial incentives 
                provided under this chapter over the 4-year period; and
                    ``(B) terminating as early as feasible Federal 
                financial incentives for any project determined by the 
                Secretary after its implementation to be--
                            ``(i) viable without further support under 
                        this subchapter; or
                            ``(ii) failing to meet the purposes of this 
                        chapter or criteria established by the 
                        Secretary under the pilot program.
    ``(e) Success Bonus.--If Federal financial incentives to a 
community are terminated under subsection (d)(2)(B) because of the 
success of the program in that community, then that community may 
receive a one-time incentive grant to ensure the continued success of 
that program.
    ``(f) Program To Terminate in 4 Years.--No new financial assistance 
may be provided under this subchapter for any fiscal year beginning 
more than 4 years after the date of enactment of the Air Transportation 
Improvement Act.
``Sec. 41746. Additional authority
    ``In carrying out this chapter, the Secretary--
            ``(1) may provide assistance to States and communities in 
        the design and application phase of any project under this 
        chapter, and oversee the implementation of any such project;
            ``(2) may assist States and communities in putting together 
        projects under this chapter to utilize private sector 
        resources, other Federal resources, or a combination of public 
        and private resources;
            ``(3) may accord priority to service by jet aircraft;
            ``(4) take such action as may be necessary to ensure that 
        financial resources, facilities, and administrative 
        arrangements made under this chapter are used to carry out the 
        purposes of title V of the Air Transportation Improvement Act; 
        and
            ``(5) shall work with the Federal Aviation Administration 
        on airport and air traffic control needs of communities in the 
        program.
``Sec. 41747. Air traffic control services pilot program
    ``(a) In General.--To further facilitate the use of, and improve 
the safety at, small airports, the Administrator of the Federal 
Aviation Administration shall establish a pilot program to contract for 
Level I air traffic control services at 20 facilities not eligible for 
participation in the Federal Contract Tower Program.
    ``(b) Program Components.--In carrying out the pilot program 
established under subsection (a), the Administrator may--
            ``(1) utilize current, actual, site-specific data, forecast 
        estimates, or airport system plan data provided by a facility 
        owner or operator;
            ``(2) take into consideration unique aviation safety, 
        weather, strategic national interest, disaster relief, medical 
        and other emergency management relief services, status of 
        regional airline service, and related factors at the facility;
            ``(3) approve for participation any facility willing to 
        fund a pro rata share of the operating costs used by the 
        Federal Aviation Administration to calculate, and, as 
        necessary, a 1:1 benefit-to-cost ratio, as required for 
        eligibility under the Federal Contract Tower Program; and
            ``(4) approve for participation no more than 3 facilities 
        willing to fund a pro rata share of construction costs for an 
        air traffic control tower so as to achieve, at a minimum, a 1:1 
        benefit-to-cost ratio, as required for eligibility under the 
        Federal Contract Tower Program, and for each of such facilities 
        the Federal share of construction costs does not exceed 
        $1,000,000.
    ``(c) Report.--One year before the pilot program established under 
subsection (a) terminates, the Administrator shall report to the 
Congress on the effectiveness of the program, with particular emphasis 
on the safety and economic benefits provided to program participants 
and the national air transportation system.''.
    (b) Conforming Amendment.--The chapter analysis for subchapter II 
of chapter 417 is amended by inserting after the item relating to 
section 41742 the following:

``41743. Air service program for small communities.
``41744. Pilot program project authority.
``41745. Assistance to communities for service.
``41746. Additional authority.
``41747. Air traffic control services pilot program.''.
    (c) Waiver of Local Contribution.--Section 41736(b) is amended by 
inserting after paragraph (4) the following:
``Paragraph (4) does not apply to any community approved for service 
under this section during the period beginning October 1, 1991, and 
ending December 31, 1997.''.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation such sums as may be 
necessary to carry out section 41747 of title 49, United States Code.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

<DELETED>    To carry out sections 41743 through 41746 of title 49, 
United States Code, for the 4 fiscal-year period beginning with fiscal 
year 2000--</DELETED>
        <DELETED>    (1) there are authorized to be appropriated to the 
        Secretary of Transportation not more than $10,000,000; 
        and</DELETED>
        <DELETED>    (2) not more than $20,000,000 shall be made 
        available, if available, to the Secretary for obligation and 
        expenditure out of the account established under section 
        45303(a) of title 49, United States Code.</DELETED>
<DELETED>To the extent that amounts are not available in such account, 
there are authorized to be appropriated such sums as may be necessary 
to provide the amount authorized to be obligated under paragraph (2) to 
carry out those sections for that 4 fiscal-year period.</DELETED>
    There are authorized to be appropriated to the Secretary of 
Transportation $80,000,000 to carry out sections 41743 through 41746 of 
title 49, United States Code, for the 4 fiscal-year period beginning 
with fiscal year 2000.

SEC. 505. MARKETING PRACTICES.

    Section 41712 is amended by--
            (1) inserting ``(a) In General.--'' before ``On''; and
            (2) adding at the end thereof the following:
    ``(b) Marketing Practices That Adversely Affect Service to Small or 
Medium Communities.--Within 180 days after the date of enactment of the 
Air Transportation Improvement Act, the Secretary shall review the 
marketing practices of air carriers that may inhibit the availability 
of quality, affordable air transportation services to small and medium-
sized communities, including--
            ``(1) marketing arrangements between airlines and travel 
        agents;
            ``(2) code-sharing partnerships;
            ``(3) computer reservation system displays;
            ``(4) gate arrangements at airports;
            ``(5) exclusive dealing arrangements; and
            ``(6) any other marketing practice that may have the same 
        effect.
    ``(c) Regulations.--If the Secretary finds, after conducting the 
review required by subsection (b), that marketing practices inhibit the 
availability of such service to such communities, then, after public 
notice and an opportunity for comment, the Secretary <DELETED>shall 
</DELETED>may promulgate regulations that address the 
<DELETED>problem.''. </DELETED>problem, or take other appropriate 
action. Nothing in this section expands the authority or juridiction of 
the Secretary to promulgate regulations under the Federal Aviation Act 
or under any other Act.''.

SEC. 506. SLOT EXEMPTIONS FOR NONSTOP REGIONAL JET SERVICE.

    (a) In General.--Subchapter I of chapter 417, as amended by section 
310, is amended by adding at the end thereof the following:
``Sec. 41718. Slot exemptions for nonstop regional jet service.
    ``(a) In General.--Within 90 days after receiving an application 
for an exemption to provide nonstop regional jet air service between--
            ``(1) an airport with fewer than 2,000,000 annual 
        enplanements; and
            ``(2) a high density airport subject to the exemption 
        authority under section 41714(a),
the Secretary of Transportation shall grant or deny the exemption in 
accordance with established principles of safety and the promotion of 
competition.
    ``(b) Existing Slots Taken into Account.--In deciding to grant or 
deny an exemption under subsection (a), the Secretary may take into 
consideration the slots and slot exemptions already used by the 
applicant.
    ``(c) Conditions.--The Secretary may grant an exemption to an air 
carrier under subsection (a)--
            ``(1) for a period of not less than 12 months;
            ``(2) for a minimum of 2 daily roundtrip flights; and
            ``(3) for a maximum of 3 daily roundtrip flights.
    ``(d) Change of Nonhub, Small Hub, or Medium Hub Airport; Jet 
Aircraft.--The Secretary may, upon application made by an air carrier 
operating under an exemption granted under subsection (a)--
            ``(1) authorize the air carrier or an affiliated air 
        carrier to upgrade service under the exemption to a larger jet 
        aircraft; or
            ``(2) authorize an air carrier operating under such an 
        exemption to change the nonhub airport or small hub airport for 
        which the exemption was granted to provide the same service to 
        a different airport that is smaller than a large hub airport 
        (as defined in section 47134(d)(2)) if--
                    ``(A) the air carrier has been operating under the 
                exemption for a period of not less than 12 months; and
                    ``(B) the air carrier can demonstrate unmitigatable 
                losses.
    ``(e) Forfeiture for Misuse.--Any exemption granted under 
subsection (a) shall be terminated immediately by the Secretary if the 
air carrier to which it was granted uses the slot for any purpose other 
than the purpose for which it was granted or in violation of the 
conditions under which it was granted.
<DELETED>    ``(f) Restoration of Air Service.--To the extent that--
</DELETED>
        <DELETED>    ``(1) slots were withdrawn from an air carrier 
        under section 41714(b);</DELETED>
        <DELETED>    ``(2) the withdrawal of slots under that section 
        resulted in a net loss of slots; and</DELETED>
        <DELETED>    ``(3) the net loss of slots and slot exemptions 
        resulting from the withdrawal had an adverse effect on service 
        to nonhub airports and in other domestic markets,</DELETED>
<DELETED>the Secretary shall give priority consideration to the request 
of any air carrier from which slots were withdrawn under that section 
for an equivalent number of slots at the airport where the slots were 
withdrawn. No priority consideration shall be given under this 
subsection to an air carrier described in paragraph (1) when the net 
loss of slots and slot exemptions is eliminated.</DELETED>
    ``<DELETED>(g) </DELETED>(f) Priority to New Entrants and Limited 
Incumbent Carriers.--
            ``(1) In general.--In granting slot exemptions under this 
        section the Secretary shall give priority consideration to an 
        application from an air carrier that, as of July 1, 1998, 
        operated or held fewer than 20 slots or slot exemptions at the 
        high density airport for which it filed an exemption 
        application.
            ``(2) Limitation.--No priority may be given under paragraph 
        (1) to an air carrier that, at the time of application, 
        operates or holds 20 or more slots and slot exemptions at the 
        airport for which the exemption application is filed.
            ``(3) Affiliated carriers.--The Secretary shall treat all 
        commuter air carriers that have cooperative agreements, 
        including code-share agreements, with other air carriers 
        equally for determining eligibility for exemptions under this 
        section regardless of the form of the corporate relationship 
        between the commuter air carrier and the other air carrier.
    ``<DELETED>(h) </DELETED>(g) Stage 3 Aircraft Required.--An 
exemption may not be granted under this section with respect to any 
aircraft that is not a Stage 3 aircraft (as defined by the Secretary).
    ``<DELETED>(i) </DELETED>(h) Regional Jet Defined.--In this 
section, the term `regional jet' means a passenger, turbofan-powered 
aircraft carrying not fewer than 30 and not more than 50 passengers.''.
    (b) Conforming Amendments.--
            (1) Section 40102 is amended by inserting after paragraph 
        (28) the following:
            ``(28A) <DELETED>Limited incumbent air carrier.--The term 
        </DELETED>`limited incumbent air carrier' has the meaning given 
        that term in subpart S of part 93 of title 14, Code of Federal 
        Regulations, except that `20' shall be substituted for `12' in 
        sections 93.213(a)(5), 93.223(c)(3), and 93.225(h) as such 
        sections were in effect on August 1, 1998.''.
            (2) The chapter analysis for subchapter I of chapter 417 is 
        amended by adding at the end thereof the following:

``41718. Slot exemptions for nonstop regional jet service.''.

SEC. 507. EXEMPTIONS TO PERIMETER RULE AT RONALD REAGAN WASHINGTON 
              NATIONAL AIRPORT.

    (a) In General.--Subchapter I of chapter 417, as amended by section 
506, is amended by adding at the end thereof the following:
``Sec. 41719. Special Rules for Ronald Reagan Washington National 
              Airport
    ``(a) Beyond-Perimeter Exemptions.--The Secretary shall by order 
grant exemptions from the application of sections 49104(a)(5), 49109, 
49111(e), and 41714 of this title to air carriers to operate limited 
frequencies and aircraft on select routes between Ronald Reagan 
Washington National Airport and domestic hub airports of such carriers 
and exemptions from the requirements of subparts K and S of part 93, 
Code of Federal Regulations, if the Secretary finds that the exemptions 
will--
            ``(1) provide air transportation service with domestic 
        network benefits in areas beyond the perimeter described in 
        that section;
            ``(2) increase competition by new entrant air carriers or 
        in multiple markets;
            ``(3) not reduce travel options for communities served by 
        small hub airports and medium hub airports within the perimeter 
        described in section 49109 of title 49, United States Code; and
            ``(4) not result in meaningfully increased travel delays.
    ``(b) Within-Perimeter Exemptions.--The Secretary shall by order 
grant exemptions from the requirements of sections 49104(a)(5), 
49111(e), and 41714 of this title and subparts K and S of part 93 of 
title 14, Code of Federal Regulations, to commuter air carriers for 
service to airports with fewer than 2,000,000 annual enplanements 
within the perimeter established for civil aircraft operations at 
Ronald Reagan Washington National Airport under section 49109. The 
Secretary shall develop criteria for distributing slot exemptions for 
flights within the perimeter to such airports under this paragraph in a 
manner consistent with the promotion of air transportation.
    ``(c) Limitations.--
            ``(1) Stage 3 aircraft required.--An exemption may not be 
        granted under this section with respect to any aircraft that is 
        not a Stage 3 aircraft (as defined by the Secretary).
            ``(2) General exemptions.--The exemptions granted under 
        subsections (a) and (b) may not increase the number of 
        operations at Ronald Reagan Washington National Airport in any 
        1-hour period during the hours between 7:00 a.m. and 9:59 p.m. 
        by more than <DELETED>2 </DELETED>3 operations.''.
            ``(3) Additional exemptions.--The Secretary shall grant 
        exemptions under subsections (a) and (b) that--
                    ``(A) will result in <DELETED>12 </DELETED>24 
                additional daily air carrier slot exemptions at such 
                airport for long-haul service beyond the perimeter;
                    ``(B) will result in 12 additional daily commuter 
                slot exemptions at such airport; and
                    ``(C) will not result in additional daily commuter 
                slot exemptions for service to any within-the-perimeter 
                airport that <DELETED>is not smaller than a large hub 
                airport (as defined in section 47134(d)(2)). 
                </DELETED>has 2,000,000 or fewer annual enplanements.
            ``(4) Assessment of safety, noise and environmental 
        impacts.--The Secretary shall assess the impact of granting 
        exemptions, including the impacts of the additional slots and 
        flights at Ronald Reagan Washington National Airport provided 
        under subsections (a) and (b) on safety, noise levels and the 
        environment within 90 days of the date of the enactment of this 
        Act. The environmental assessment shall be carried out in 
        accordance with parts 1500-1508 of title 40, Code of Federal 
        Regulations. Such environmental assessment shall include a 
        public meeting.
            ``(5) Applicability with exemption 5133.--Nothing in this 
        section affects Exemption No. 5133, as from time-to-time 
        amended and <DELETED>extended.''. </DELETED>extended.
    ``(d) Additional Within-perimeter Slot Exemptions at Ronald Reagan 
Washington National Airport.--The Secretary shall by order grant 12 
slot exemptions from the requirements of sections 49104(a)(5), 
49111(e), and 41714 of this title and subparts K and S of part 93 of 
title 14, Code of Federal Regulations, to air carriers for flights to 
airports within the perimeter established for civil aircraft operations 
at Ronald Reagan Washington National Airport under section 49109. The 
Secretary shall develop criteria for distributing slot exemptions for 
flights within the perimeter to such airports under this subsection in 
a manner consistent with the promotion of air transportation.''.
    (b) Override of MWAA Restriction.--Section 49104(a)(5) is amended 
by adding at the end thereof the following:
            ``(D) Subparagraph (C) does not apply to any increase in 
        the number of instrument flight rule takeoffs and landings 
necessary to implement exemptions granted by the Secretary under 
section 41719.''.
    (c) MWAA Noise-Related Grant Assurances.--
            (1) In general.--In addition to any condition for approval 
        of an airport development project that is the subject of a 
        grant application submitted to the Secretary of Transportation 
        under chapter 471 of title 49, United States Code, by the 
        Metropolitan Washington Airports Authority, the Authority shall 
        be required to submit a written assurance that, for each such 
        grant made to the Authority for fiscal year 2000 or any 
        subsequent fiscal year--
                    (A) the Authority will make available for that 
                fiscal year funds for noise compatibility planning and 
                programs that are eligible to receive funding under 
                chapter 471 of title 49, United States Code, in an 
                amount not less than 10 percent of the aggregate annual 
                amount of financial assistance provided to the 
                Authority by the Secretary as grants under chapter 471 
                of title 49, United States Code; and
                    (B) the Authority will not divert funds from a high 
                priority safety project in order to make funds 
                available for noise compatibility planning and 
                programs.
            (2) Waiver.--The Secretary of Transportation may waive the 
        requirements of paragraph (1) for any fiscal year for which the 
        Secretary determines that the Metropolitan Washington Airports 
        Authority is in full compliance with applicable airport noise 
        compatibility planning and program requirements under part 150 
        of title 14, Code of Federal Regulations.
            (3) Sunset.--This subsection shall cease to be in effect 5 
        years after the date of enactment of this Act, if on that date 
        the Secretary of Transportation certifies that the Metropolitan 
        Washington Airports Authority has achieved full compliance with 
        applicable noise compatibility planning and program 
        requirements under part 150 of title 14, Code of Federal 
        Regulations.
    (d) Noise Compatibility Planning and Programs.--Section 47117(e) is 
amended by adding at the end the following:
            ``(3) The Secretary shall give priority in making grants 
        under paragraph (1)(A) to applications for airport noise 
        compatibility planning and programs at and around airports 
        where operations increase under title V of the Air 
        Transportation Improvement Act and the amendments made by that 
        title.''.
    (e) Conforming Amendments.--
            (1) Section 49111 is amended by striking subsection (e).
            (2) The chapter analysis for subchapter I of chapter 417, 
        as amended by section 506(b) of this Act, is amended by adding 
        at the end thereof the following:

``41719. Special Rules for Ronald Reagan Washington National 
                            Airport.''.
    (f) Report.--Within 1 year after the date of enactment of this Act, 
and biannually thereafter, the Secretary shall certify to the United 
States Senate Committee on Commerce, Science, and Transportation, the 
United States House of Representatives Committee on Transportation and 
Infrastructure, the Governments of Maryland, Virginia, and West 
Virginia and the metropolitan planning organization for Washington, 
D.C., that noise standards, air traffic congestion, airport-related 
vehicular congestion, safety standards, and adequate air service to 
communities served by small hub airports and medium hub airports within 
the perimeter described in section 49109 of title 49, United States 
Code, have been maintained at appropriate levels.

SEC. 508. ADDITIONAL SLOT EXEMPTIONS AT CHICAGO O'HARE INTERNATIONAL 
              AIRPORT.

    (a) In General.--Subchapter I of chapter 417, as amended by section 
507, is amended by adding at the end thereof the following:
``Sec. 41720. Special Rules for Chicago O'Hare International Airport
    ``(a) In General.--The Secretary of Transportation shall grant 30 
slot exemptions over a 3-year period beginning on the date of enactment 
of the Air Transportation Improvement Act at Chicago O'Hare 
International Airport.
    ``(b) Equipment and Service Requirements.--
            ``(1) Stage 3 aircraft required.--An exemption may not be 
        granted under this section with respect to any aircraft that is 
        not a Stage 3 aircraft (as defined by the Secretary).
            ``(2) Service provided.--Of the exemptions granted under 
        subsection (a)--
                    ``(A) 18 shall be used only for service to 
                underserved markets, of which no fewer than 6 shall be 
                designated as commuter slot exemptions; and
                    ``(B) 12 shall be air carrier slot exemptions.
    ``(c) Procedural Requirements.--Before granting exemptions under 
subsection (a), the Secretary shall--
            ``(1) conduct an environmental review, taking noise into 
        account, and determine that the granting of the exemptions will 
        not cause a significant increase in noise;
            ``(2) determine whether capacity is available and can be 
        used safely and, if the Secretary so determines then so 
        certify;
            ``(3) give 30 days notice to the public through publication 
        in the Federal Register of the Secretary's intent to grant the 
        exemptions; and
            ``(4) consult with appropriate officers of the State and 
        local government on any related noise and environmental issues.
    ``(d) Underserved Market Defined.--In this section, the term 
`service to underserved markets' means passenger air transportation 
service to an airport that is a nonhub airport or a small hub airport 
(as defined in paragraphs (4) and (5), respectively, of section 
41731(a)).''.
    (b) Studies.--
            (1) 3-year report.--The Secretary shall study and submit a 
        report 3 years after the first exemption granted under section 
        41720(a) of title 49, United States Code, is first used on the 
        impact of the additional slots on the safety, environment, 
        noise, access to underserved markets, and competition at 
        Chicago O'Hare International Airport.
            (2) DOT study in 2000.--The Secretary of Transportation 
        shall study community noise levels in the areas surrounding the 
        4 high-density airports after the 100 percent Stage 3 fleet 
        requirements are in place, and compare those levels with the 
        levels in such areas before 1991.
    (c) Conforming Amendment.--The chapter analysis for subchapter I of 
chapter 417, as amended by section 507(b) of this Act, is amended by 
adding at the end thereof the following:

``41720. Special Rules for Chicago O'Hare International Airport.''.

SEC. 509. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.

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

SEC. 510. REGIONAL AIR SERVICE INCENTIVE OPTIONS.

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

SEC. 511. GAO STUDY OF AIR TRANSPORTATION NEEDS.

    The General Accounting Office shall conduct a study of the current 
state of the national airport network and its ability to meet the air 
transportation needs of the United States over the next 15 years. The 
study shall include airports located in remote communities and reliever 
airports. In assessing the effectiveness of the system the Comptroller 
General may consider airport runway length of 5,500 feet or the 
equivalent altitude-adjusted length, air traffic control facilities, 
and navigational aids.

                  TITLE VI--NATIONAL PARKS OVERFLIGHTS

SEC. 601. FINDINGS.

    The Congress finds that--
            (1) the Federal Aviation Administration has sole authority 
        to control airspace over the United States;
            (2) the Federal Aviation Administration has the authority 
        to preserve, protect, and enhance the environment by 
        minimizing, mitigating, or preventing the adverse effects of 
        aircraft overflights on the public and tribal lands;
            (3) the National Park Service has the responsibility of 
        conserving the scenery and natural and historic objects and 
        wildlife in national parks and of providing for the enjoyment 
        of the national parks in ways that leave the national parks 
        unimpaired for future generations;
            (4) the protection of tribal lands from aircraft 
        overflights is consistent with protecting the public health and 
        welfare and is essential to the maintenance of the natural and 
        cultural resources of Indian tribes;
            (5) the National Parks Overflights Working Group, composed 
        of general aviation, air tour, environmental, and Native 
        American representatives, recommended that the Congress enact 
        legislation based on its consensus work product; and
            (6) this title reflects the recommendations made by that 
        Group.

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

    (a) In General.--Chapter 401, as amended by section 301 of this 
Act, is amended by adding at the end the following:
``Sec. 40126. Overflights of national parks
    ``(a) In General.--
            ``(1) General requirements.--A commercial air tour operator 
        may not conduct commercial air tour operations over a national 
        park or tribal lands except--
                    ``(A) in accordance with this section;
                    ``(B) in accordance with conditions and limitations 
                prescribed for that operator by the Administrator; and
                    ``(C) in accordance with any effective air tour 
                management plan for that park or those tribal lands.
            ``(2) Application for operating authority.--
                    ``(A) Application required.--Before commencing 
                commercial air tour operations over a national park or 
                tribal lands, a commercial air tour operator shall 
                apply to the Administrator for authority to conduct the 
                operations over that park or those tribal lands.
                    ``(B) Competitive bidding for limited capacity 
                parks.--Whenever a commercial air tour management plan 
                limits the number of commercial air tour flights over a 
                national park area during a specified time frame, the 
                Administrator, in cooperation with the Director, shall 
                authorize commercial air tour operators to provide such 
                service. The authorization shall specify such terms and 
                conditions as the Administrator and the Director find 
                necessary for management of commercial air tour 
                operations over the national park. The Administrator, 
                in cooperation with the Director, shall develop an open 
                competitive process for evaluating proposals from 
                persons interested in providing commercial air tour 
                services over the national park. In making a selection 
                from among various proposals submitted, the 
                Administrator, in cooperation with the Director, shall 
                consider relevant factors, including--
                            ``(i) the safety record of the company or 
                        pilots;
                            ``(ii) any quiet aircraft technology 
                        proposed for use;
                            ``(iii) the experience in commercial air 
                        tour operations over other national parks or 
                        scenic areas;
                            ``(iv) the financial capability of the 
                        company;
                            ``(v) any training programs for pilots; and
                            ``(vi) responsiveness to any criteria 
                        developed by the National Park Service or the 
                        affected national park.
                    ``(C) Number of operations authorized.--In 
                determining the number of authorizations to issue to 
                provide commercial air tour service over a national 
                park, the Administrator, in cooperation with the 
                Director, shall take into consideration the provisions 
                of the air tour management plan, the number of existing 
                commercial air tour operators and current level of 
                service and equipment provided by any such companies, 
                and the financial viability of each commercial air tour 
                operation.
                    ``(D) Cooperation with nps.--Before granting an 
                application under this paragraph, the Administrator 
                shall, in cooperation with the Director, develop an air 
                tour management plan in accordance with subsection (b) 
and implement such plan.
                    ``(E) Time limit on response to atmp 
                applications.--The Administrator shall act on any such 
                application and issue a decision on the application not 
                later than 24 months after it is received or amended.
            ``(3) Exception.--Notwithstanding paragraph (1), commercial 
        air tour operators may conduct commercial air tour operations 
        over a national park under part 91 of the Federal Aviation 
        Regulations (14 CFR 91.1 et seq.) if--
                    ``(A) such activity is permitted under part 119 (14 
                CFR 119.1(e)(2));
                    ``(B) the operator secures a letter of agreement 
                from the Administrator and the national park 
                superintendent for that national park describing the 
                conditions under which the flight operations will be 
                conducted; and
                    ``(C) the total number of operations under this 
                exception is limited to not more than 5 flights in any 
                30-day period over a particular park.
            ``(4) Special rule for safety requirements.--
        Notwithstanding subsection (c), an existing commercial air tour 
        operator shall, not later than 90 days after the date of 
        enactment of the Air Transportation Improvement Act, apply for 
        operating authority under part 119, 121, or 135 of the Federal 
        Aviation Regulations (14 CFR Pt. 119, 121, or 135). A new 
        entrant commercial air tour operator shall apply for such 
        authority before conducting commercial air tour operations over 
        a national park or tribal lands.
    ``(b) Air Tour Management Plans.--
            ``(1) Establishment of atmps.--
                    ``(A) In general.--The Administrator shall, in 
                cooperation with the Director, establish an air tour 
                management plan for any national park or tribal land 
                for which such a plan is not already in effect whenever 
                a person applies for authority to operate a commercial 
                air tour over the park. The development of the air tour 
                management plan is to be a cooperative undertaking 
                between the Federal Aviation Administration and the 
                National Park Service. The air tour management plan 
                shall be developed by means of a public process, and 
                the agencies shall develop information and analysis 
                that explains the conclusions that the agencies make in 
                the application of the respective criteria. Such 
                explanations shall be included in the Record of 
                Decision and may be subject to judicial review.
                    ``(B) Objective.--The objective of any air tour 
                management plan shall be to develop acceptable and 
                effective measures to mitigate or prevent the 
                significant adverse impacts, if any, of commercial air 
                tours upon the natural and cultural resources and 
                visitor experiences and tribal lands.
            ``(2) Environmental determination.--In establishing an air 
        tour management plan under this subsection, the Administrator 
        and the Director shall each sign the environmental decision 
        document required by section 102 of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332) which may include a finding 
        of no significant impact, an environmental assessment, or an 
        environmental impact statement, and the Record of Decision for 
        the air tour management plan.
            ``(3) Contents.--An air tour management plan for a national 
        park--
                    ``(A) may prohibit commercial air tour operations 
                in whole or in part;
                    ``(B) may establish conditions for the conduct of 
                commercial air tour operations, including commercial 
                air tour routes, maximum or minimum altitudes, time-of-
                day restrictions, restrictions for particular events, 
                maximum number of flights per unit of time, intrusions 
                on privacy on tribal lands, and mitigation of noise, 
                visual, or other impacts;
                    ``(C) shall apply to all commercial air tours 
                within \1/2\ mile outside the boundary of a national 
                park;
                    ``(D) shall include incentives (such as preferred 
                commercial air tour routes and altitudes, relief from 
                caps and curfews) for the adoption of quiet aircraft 
                technology by commercial air tour operators conducting 
                commercial air tour operations at the park;
                    ``(E) shall provide for the initial allocation of 
                opportunities to conduct commercial air tours if the 
                plan includes a limitation on the number of commercial 
                air tour flights for any time period; and
                    ``(F) shall justify and document the need for 
                measures taken pursuant to subparagraphs (A) through 
                (E).
            ``(4) Procedure.--In establishing a commercial air tour 
        management plan for a national park, the Administrator and the 
        Director shall--
                    ``(A) initiate at least one public meeting with 
                interested parties to develop a commercial air tour 
                management plan for the park;
                    ``(B) publish the proposed plan in the Federal 
                Register for notice and comment and make copies of the 
                proposed plan available to the public;
                    ``(C) comply with the regulations set forth in 
                sections 1501.3 and 1501.5 through 1501.8 of title 40, 
                Code of Federal Regulations (for purposes of complying 
                with those regulations, the Federal Aviation 
                Administration is the lead agency and the National Park 
                Service is a cooperating agency); and
                    ``(D) solicit the participation of any Indian tribe 
                whose tribal lands are, or may be, overflown by 
                aircraft involved in commercial air tour operations 
                over a national park or tribal lands, as a cooperating 
                agency under the regulations referred to in paragraph 
                (4)(C).
            ``(5) Amendments.--Any amendment of an air tour management 
        plan shall be published in the Federal Register for notice and 
        comment. A request for amendment of an air tour management plan 
        shall be made in such form and manner as the Administrator may 
        prescribe.
    ``(c) Interim Operating Authority.--
            ``(1) In general.--Upon application for operating 
        authority, the Administrator shall grant interim operating 
        authority under this paragraph to a commercial air tour 
        operator for a national park or tribal lands for which the 
        operator is an existing commercial air tour operator.
            ``(2) Requirements and limitations.--Interim operating 
        authority granted under this subsection--
                    ``(A) shall provide annual authorization only for 
                the greater of--
                            ``(i) the number of flights used by the 
                        operator to provide such tours within the 12-
                        month period prior to the date of enactment of 
                        the Air Transportation Improvement Act; or
                            ``(ii) the average number of flights per 
                        12-month period used by the operator to provide 
                        such tours within the 36-month period prior to 
                        such date of enactment, and, for seasonal 
                        operations, the number of flights so used 
                        during the season or seasons covered by that 
                        12-month period;
                    ``(B) may not provide for an increase in the number 
                of operations conducted during any time period by the 
                commercial air tour operator to which it is granted 
                unless the increase is agreed to by the Administrator 
                and the Director;
                    ``(C) shall be published in the Federal Register to 
                provide notice and opportunity for comment;
                    ``(D) may be revoked by the Administrator for 
                cause;
                    ``(E) shall terminate 180 days after the date on 
                which an air tour management plan is established for 
                that park or those tribal lands; and
                    ``(F) shall--
                            ``(i) promote protection of national park 
                        resources, visitor experiences, and tribal 
                        lands;
                            ``(ii) promote safe operations of the 
                        commercial air tour;
                            ``(iii) promote the adoption of quiet 
                        technology, as appropriate; and
                            ``(iv) allow for modifications of the 
                        operation based on experience if the 
                        modification improves protection of national 
                        park resources and values and of tribal lands.
            ``(3) New entrant air tour operators.--
                    ``(A) In general.--The Administrator, in 
                cooperation with the Director, may grant interim 
                operating authority under this paragraph to an air tour 
                operator for a national park for which that operator is 
                a new entrant air tour operator if the Administrator 
                determines the authority is necessary to ensure 
                competition in the provision of commercial air tours 
                over that national park or those tribal lands.
                    ``(B) Safety limitation.--The Administrator may not 
                grant interim operating authority under subparagraph 
                (A) if the Administrator determines that it would 
                create a safety problem at that park or on tribal 
                lands, or the Director determines that it would create 
                a noise problem at that park or on tribal lands.
                    ``(C) ATMP limitation.--The Administrator may grant 
                interim operating authority under subparagraph (A) of 
                this paragraph only if the air tour management plan for 
                the park or tribal lands to which the application 
                relates has not been developed within 24 months after 
                the date of enactment of the Air Transportation 
                Improvement Act.
    ``(d) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial air tour.--The term `commercial air tour' 
        means any flight conducted for compensation or hire in a 
        powered aircraft where a purpose of the flight is sightseeing. 
        If the operator of a flight asserts that the flight is not a 
        commercial air tour, factors that can be considered by the 
        Administrator in making a determination of whether the flight 
        is a commercial air tour, include, but are not limited to--
                    ``(A) whether there was a holding out to the public 
                of willingness to conduct a sightseeing flight for 
                compensation or hire;
                    ``(B) whether a narrative was provided that 
                referred to areas or points of interest on the surface;
                    ``(C) the area of operation;
                    ``(D) the frequency of flights;
                    ``(E) the route of flight;
                    ``(F) the inclusion of sightseeing flights as part 
                of any travel arrangement package; or
                    ``(G) whether the flight or flights in question 
                would or would not have been canceled based on poor 
                visibility of the surface.
            ``(2) Commercial air tour operator.--The term `commercial 
        air tour operator' means any person who conducts a commercial 
        air tour.
            ``(3) Existing commercial air tour operator.--The term 
        `existing commercial air tour operator' means a commercial air 
        tour operator that was actively engaged in the business of 
        providing commercial air tours over a national park at any time 
        during the 12-month period ending on the date of enactment of 
        the Air Transportation Improvement Act.
            ``(4) New entrant commercial air tour operator.--The term 
        `new entrant commercial air tour operator' means a commercial 
        air tour operator that--
                    ``(A) applies for operating authority as a 
                commercial air tour operator for a national park; and
                    ``(B) has not engaged in the business of providing 
                commercial air tours over that national park or those 
                tribal lands in the 12-month period preceding the 
                application.
            ``(5) Commercial air tour operations.--The term `commercial 
        air tour operations' means commercial air tour flight 
        operations conducted--
                    ``(A) over a national park or within \1/2\ mile 
                outside the boundary of any national park;
                    ``(B) below a minimum altitude, determined by the 
                Administrator in cooperation with the Director, above 
                ground level (except solely for purposes of takeoff or 
                landing, or necessary for safe operation of an aircraft 
                as determined under the rules and regulations of the 
                Federal Aviation Administration requiring the pilot-in-
                command to take action to ensure the safe operation of 
                the aircraft); and
                    ``(C) less than 1 mile laterally from any 
                geographic feature within the park (unless more than 
                \1/2\ mile outside the boundary).
            ``(6) National park.--The term `national park' means any 
        unit of the National Park System.
            ``(7) Tribal lands.--The term `tribal lands' means `Indian 
        country', as defined by section 1151 of title 18, United States 
        Code, that is within or abutting a national park.
            ``(8) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(9) Director.--The term `Director' means the Director of 
        the National Park Service.''.
    (b) Exemptions.--
            (1) Grand canyon.--Section 40126 of title 49, United States 
        Code, as added by subsection (a), does not apply to--
                    (A) the Grand Canyon National Park; or
                    (B) Indian country within or abutting the Grand 
                Canyon National Park.
            (2) Lake Mead.--A commercial air tour of the Grand Canyon 
        that transits over or near the Lake Mead National Recreation 
        Area en route to, or returning from, the Grand Canyon, without 
        offering a deviation in flight path between its point of origin 
        and the Grand Canyon, shall be considered, for purposes of 
        paragraph (1), to be exclusively a commercial air tour of the 
        Grand Canyon.
            <DELETED>(2) </DELETED>(3) Alaska.--The provisions of this 
        title and section 40126 of title 49, United States Code, as 
        added by subsection (a), do not apply to any land or waters 
        located in Alaska.
            <DELETED>(3) </DELETED>(4) Compliance with other 
        regulations.--For purposes of section 40126 of title 49, United 
        States Code--
                    (A) regulations issued by the Secretary of 
                Transportation and the Administrator of the Federal 
                Aviation Administration under section 3 of Public Law 
                100-91 (16 U.S.C. 1a-1, note); and
                    (B) commercial air tour operations carried out in 
                compliance with the requirements of those regulations,
        shall be deemed to meet the requirements of such section 40126.
    (c) Clerical Amendment.--The table of sections for chapter 401 is 
amended by adding at the end thereof the following:

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

SEC. 603. ADVISORY GROUP.

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

SEC. 604. OVERFLIGHT FEE REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration shall transmit 
to Congress a report on the effects proposed overflight fees are likely 
to have on the commercial air tour industry. The report shall include, 
but shall not be limited to--
            (1) the viability of a tax credit for the commercial air 
        tour operators equal to the amount of the proposed fee charged 
        by the National Park Service; and
            (2) the financial effects proposed offsets are likely to 
        have on Federal Aviation Administration budgets and 
        appropriations.

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

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

               TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

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

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

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

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