[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[Senate]
[Pages S10800-S10814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WENDELL H. FORD NATIONAL AIR TRANSPORTATION SYSTEM IMPROVEMENT ACT OF
1998
The PRESIDING OFFICER (Ms. Collins). Under the previous agreement,
the clerk will now report the pending bill, S. 2279.
The bill clerk read as follows:
A bill (S. 2279) to amend title 49, United States Code, to
authorize the programs of the Federal Aviation Administration
for fiscal years 1999, 2000, 2001, and 2002, and for other
purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Commerce, Science, and Transportation, with an
amendment to strike all after the enacting clause and inserting in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF SECTIONS.
(a) Short Title.--This Act may be cited as the ``Wendell H.
Ford National Air Transportation System Improvement Act of
1998''.
(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. Contract tower program.
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. Repeal of period of applicability.
Sec. 207. Report on efforts to implement capacity enhancements.
Sec. 208. Prioritization of discretionary projects.
Sec. 209. Public notice before grant assurance requirement waived.
Sec. 210. Definition of public aircraft.
Sec. 211. Terminal development costs.
TITLE III--AMENDMENTS TO AVIATION LAW
Sec. 301. Severable services contracts for periods crossing fiscal
years.
Sec. 302. Foreign carriers eligible for waiver under Airport Noise and
Capacity Act.
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. Aviation insurance program amendments.
Sec. 308. Technical corrections to civil penalty provisions.
TITLE IV--TITLE 49 TECHNICAL CORRECTIONS
Sec. 401. Restatement of 49 U.S.C. 106(g).
Sec. 402. Restatement of 49 U.S.C. 44909.
Sec. 403. Typographical errors.
TITLE V--MISCELLANEOUS
Sec. 501. Oversight of FAA response to year 2000 problem.
Sec. 502. Cargo collision avoidance systems deadline.
Sec. 503. Runway safety areas.
Sec. 504. Airplane emergency locators.
Sec. 505. Counterfeit aircraft parts.
Sec. 506. FAA may fine unruly passengers.
Sec. 507. Higher international standards for handicapped access.
Sec. 508. Conveyances of United States Government land.
Sec. 509. Flight operations quality assurance rules.
Sec. 510. Wide area augmentation system.
Sec. 511. Regulation of Alaska air guides.
Sec. 512. Application of FAA regulations.
Sec. 513. Human factors program.
Sec. 514. Independent validation of FAA costs and allocations.
Sec. 515. Whistleblower protection for FAA employees.
[[Page S10801]]
Sec. 516. Report on modernization of oceanic ATC system.
Sec. 517. Report on air transportation oversight system.
Sec. 518. Recycling of EIS.
Sec. 519. Protection of employees providing air safety information.
TITLE VI--AVIATION COMPETITION PROMOTION
Sec. 601. Purpose.
Sec. 602. Establishment of small community aviation development
program.
Sec. 603. Community-carrier air service program.
Sec. 604. Authorization of appropriations.
Sec. 605. Marketing practices.
Sec. 606. Slot exemptions for nonstop regional jet service.
Sec. 607. Secretary shall grant exemptions to perimeter rule.
Sec. 608. Additional slots at Chicago's O'Hare Airport.
Sec. 609. Consumer notification of e-ticket expiration dates.
Sec. 610. Joint venture agreements.
Sec. 611. Regional air service incentive options.
Sec. 612. GAO study of rural air transportation needs.
TITLE VII--NATIONAL PARK OVERFLIGHTS
Sec. 701. Findings.
Sec. 702. Air tour management plans for national parks.
Sec. 703. Advisory group.
Sec. 704. Overflight fee report.
TITLE VIII--AVIATION TRUST FUND AMENDMENTS
Sec. 801. Amendments to the Airport and Airway Trust Fund.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
TITLE I--AUTHORIZATIONS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) is amended to read as follows:
``(k) Authorization of Appropriations for Operations.--
``(1) 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,
$5,784,000,000 for fiscal year 2000, $5,946,000,000 for
fiscal year 2001, and $6,112,000,000 for fiscal year 2002. 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.''.
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;
``(2) $2,189,000,000 for fiscal year 2000;
``(3) $2,250,000,000 for fiscal year 2001; and
``(4) $2,313,000,000 for fiscal year 2002.''.
(b) Continuation of ILS Inventory Program.--Section
44502(a)(4)(B) is amended--
(1) by striking ``fiscal years 1995 and 1996'' and
inserting ``fiscal years 1999, 2000, 2001, and 2002''; and
(2) by striking ``acquisition,'' and inserting
``acquisition under new or existing contracts,''.
(c) Life-Cycle Cost Estimates.--The Administrator of the
Federal Aviation Administration shall establish life-cycle
cost estimates for any air traffic control modernization
project the total life-cycle costs of which equal or exceed
$50,000,000.
SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) Extension and Authorization.--Section 48103 is amended
by--
(1) striking ``September 30, 1996,'' and inserting
``September 30, 1998,''; and
(2) striking ``$2,280,000,000 for fiscal years ending
before October 1, 1997, and $4,627,000,000 for fiscal years
ending before October 1, 1998.'' and inserting
``$2,410,000,000 for fiscal years ending before October 1,
1999, $4,885,000,000 for fiscal years ending before October
1, 2000, $7,427,000,000 for fiscal years ending before
October 1, 2001, and $10,038,000,000 for fiscal years ending
before October 1, 2002.''.
(b) Project Grant Authority.--Section 47104(c) is amended
by striking ``1998,'' and inserting ``2002,''.
SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.
Before reprogramming any amounts appropriated under section
106(k), 48101(a), or 48103 of title 49, United States Code,
for which notification of the Committees on Appropriations of
the Senate and the House of Representatives is required, the
Secretary of Transportation shall submit a written
explanation of the proposed reprogramming to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
SEC. 105. AIRPORT SECURITY PROGRAM.
(a) In General.--Chapter 471 (as amended by section 202(a)
of this Act) is amended by adding 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, test bed
environment.
``(c) Matching Share.--Notwithstanding section 47109, the
United States Government's share of allowable project costs
for a project under this section is 100 percent.
``(d) Terms and Conditions.--The Secretary may establish
such terms and conditions as the Secretary determines
appropriate for carrying out a project under this section,
including terms and conditions relating to the form and
content of a proposal for a project, project assurances, and
schedule of payments.
``(e) Eligible Sponsor Defined.--In this section, the term
`eligible sponsor' means a nonprofit corporation composed of
a consortium of public and private persons, including a
sponsor of a primary airport, with the necessary engineering
and technical expertise to successfully conduct the testing
and evaluation of airport and aircraft related security
systems.
``(f) Authorization of Appropriations.--Of the amounts made
available to the Secretary under section 47115 in a fiscal
year, the Secretary shall make available not less than
$5,000,000 for the purpose of carrying out this section.''.
(b) Conforming Amendment.--The analysis for subchapter I of
such chapter (as amended by section 202(b) of this Act) is
amended by adding at the end the following:
``47136. Airport security program.''.
SEC. 106. CONTRACT TOWER PROGRAM.
There are authorized to be appropriated to the Secretary of
Transportation such sums as may be necessary to carry out the
Federal Contract Tower Program under title 49, United States
Code.
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 the demonstration
program result in a direct or indirect guarantee of any
airport debt instrument by the United States Government.
``(d) Innovative Financing Technique Defined.--In this
section, the term `innovative financing technique' includes
methods of financing 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.''.
[[Page S10802]]
(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 substituting ``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 non-primary airport at a time when a
development project under a multiyear agreement under
subsection (a) is not yet completed, the project shall remain
eligible for funding from discretionary funds under section
47115 of this title at the funding level and under the
terms provided by the agreement, subject to the
availability of funds.''.
(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; and''; and
(3) by adding at the end thereof the following:
``(D) in Alaska aboard an aircraft having a seating
capacity of less than 20 passengers.''.
(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 subchapter 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) Apportionment for Cargo Only Airports.--Section
47114(c)(2)(A) is amended by striking ``2.5 percent'' and
inserting ``3 percent''.
(l) Flexibility in Pavement Design Standards.--Section
47114(d) is amended by adding at the end thereof the
following:
``(4) The Secretary may permit the use of State highway
specifications for airfield pavement construction using funds
made available under this subsection at non-primary 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.''.
SEC. 206. REPEAL OF PERIOD OF APPLICABILITY.
Section 125 of the Federal Aviation Reauthorization Act of
1996 (49 U.S.C. 47114 note) is repealed.
SEC. 207. 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, such as precision runway monitoring systems and
the time frame for implementation of such enhancements and
improvements.
SEC. 208. 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. 209. PUBLIC NOTICE BEFORE GRANT ASSURANCE REQUIREMENT
WAIVED.
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.
SEC. 210. 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. 211. 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) to be
an eligible airport-related project under subsection
(a)(3)(E).''.
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:
[[Page S10803]]
``Sec. 40125. Severable services contracts for periods
crossing fiscal years
``(a) In General.--The Administrator of the Federal
Aviation Administration may enter into a contract for
procurement of severable services for a period that begins in
one fiscal year and ends in the next fiscal year if (without
regard to any option to extend the period of the contract)
the contract period does not exceed one year.
``(b) Obligation of Funds.--Funds made available for a
fiscal year may be obligated for the total amount of a
contract entered into under the authority of subsection (a)
of this section.''.
(b) Conforming Amendment.--The chapter analysis for chapter
401 is amended by adding at the end thereof the following:
``40125. Severable services contracts for periods crossing fiscal
years.''.
SEC. 302. FOREIGN CARRIERS ELIGIBLE FOR WAIVER UNDER AIRPORT
NOISE AND CAPACITY ACT.
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.
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.
(a) Reciprocal Waiver of Overflight Fees.--Section
45301(a)(1) is amended to read as follows:
``(1) Air traffic control and related services provided to
aircraft that neither take off from, nor land in, the United
States, other than military and civilian aircraft of the
United States Government or of a foreign government, except
that such fees shall not be imposed on overflights that take
off and land in a country contiguous to the United States
if--
``(A) both the origin and destination of such flights are
within that other country;
``(B) that country exempts similar categories of flights
operated by citizens of the United States from such fees; and
``(C) that country exchanges responsibility for air traffic
control services with the United States.''.
(b) Technical Corrections.--Section 45301 is amended--
(1) by striking ``government.'' in subsection (a)(2) and
inserting ``government or to any entity obtaining services
outside the United States.'';
(2) by striking ``directly'' in subsection (b)(1)(B); and
(3) by striking ``rendered.'' in subsection (b)(1)(B) and
inserting ``rendered, including value to the recipient and
both direct and indirect costs of overflight-related
services, as determined by the Administrator, using generally
accepted accounting principles and internationally accepted
principles of setting fees for overflight-related
services.''.
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. AVIATION INSURANCE PROGRAM AMENDMENTS.
(a) Reimbursement of Insured Party's Subrogee.--Subsection
(a) of 44309 is amended--
(1) by striking the subsection caption and the first
sentence, and inserting the following:
``(a) Losses.--
``(1) A person may bring a civil action in a district court
of the United States or in the United States Court of Federal
Claims against the United States Government when--
``(A) a loss insured under this chapter is in dispute; or
``(B)(i) the person is subrogated to the rights against the
United States Government of a party insured under this
chapter (other than under subsection 44305(b) of this title),
under a contract between the person and such insured party;
and
``(ii) the person has paid to such insured party, with the
approval of the Secretary of Transportation, an amount for a
physical damage loss that the Secretary of Transportation has
determined is a loss covered under insurance issued under
this chapter (other than insurance issued under subsection
44305(b) of this title).''; and
(2) by resetting the remainder of the subsection as a new
paragraph and inserting ``(2)'' before ``A civil action''.
(b) Extension of Aviation Insurance Program.--Section 44310
is amended by striking ``1998.'' and inserting ``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 ``individual'' the first time it appears in
subsection (d)(7)(A) and inserting ``person''; and
(3) by inserting ``or the Administrator'' in subsection (g)
after ``Secretary''.
TITLE IV--TITLE 49 TECHNICAL CORRECTIONS
SEC. 401. 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. 402. RESTATEMENT OF 49 U.S.C. 44909.
Section 44909(a)(2) is amended by striking ``shall'' and
inserting ``should''.
SEC. 403. TYPOGRAPHICAL ERRORS.
(a) Section 15904.-- Section 15904(c)(1) is amended by
inserting ``section'' before ``15901(b)''.
(b) Chapter 491.--Chapter 491 is amended--
(1) by striking ``1996'' in section 49106(b)(1)(F) and
inserting ``1986'';
(2) by striking ``by the board'' in section 49106(c)(3) and
inserting ``to the board'';
(3) by striking ``subchapter II'' in section 49107(b) and
inserting ``subchapter III''; and
(4) by striking ``retention of '' in section 49111(b) and
inserting ``retention by''.
(c) Schedule of Repealed Laws.--The Schedule of Laws
Repealed in section 5(b) of the Act of November 20, 1997
(Public Law 105-102; 111 Stat. 2217), is amended by striking
``1996'' the first place it appears and inserting ``1986''.
(d) Amendments Effective As of Earlier Date of Enactment.--
The amendments made by subsections (a), (b), and (c) are
effective as of November 20, 1997.
(e) Correction of Error in Technical Corrections Act.--
Effective October 11, 1996, section 5(45)(A) of the Act of
October 11, 1996 (Public Law 104-287, 110 Stat. 3393), is
amended by striking ``ENFORCEMENT;'' and inserting
``ENFORCEMENT:''.
TITLE V--MISCELLANEOUS
SEC. 501. 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. 502. 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
[[Page S10804]]
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. 503. RUNWAY SAFETY AREAS.
Within 6 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall initiate rulemaking to amend the regulations in part
139 of title 14, Code of Federal Regulation--
(1) to improve runway safety areas; and
(2) to require the installation of precision approach path
indicators.
SEC. 504. 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) flight operations related to the design and testing,
manufacture, preparation, and delivery of aircraft; or
``(2) the aerial application of a substance for an
agricultural purpose.''.
(b) 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 subsection (a) not later
than January 1, 2002.
(2) Effective date.--The amendment made by subsection (a)
shall take effect on January 1, 2002.
SEC. 505. COUNTERFEIT AIRCRAFT PARTS.
(a) Denial of Certificate.--Section 44703 is amended by
adding at the end thereof the following:
``(g) Certificate Denied for Dealing in Counterfeit
Parts.--The Administrator may not issue a certificate to
anyone 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.''.
(b) Revocation of Certificate.--Section 44710 is amended by
adding at the end thereof the following:
``(g) Revocation for Dealing in Counterfeit Parts.--The
Administrator shall revoke a certificate issued to anyone
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.''.
(c) 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. 506. FAA MAY FINE UNRULY PASSENGERS.
(a) In General.--Chapter 463 is amended by redesignating
section 46316 as section 46317, and by inserting after
section 46315 the following:
``Sec. 46316. 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. 507. HIGHER INTERNATIONAL STANDARDS FOR HANDICAPPED
ACCESS.
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.
SEC. 508. CONVEYANCES OF UNITED STATES GOVERNMENT LAND.
(a) In General.--Section 47125(a) is amended to read as
follows:
``(a) Conveyances to Public Agencies.--Except as provided
in subsection (b) of this section, the Secretary of
Transportation--
``(1) shall request the head of the department, agency, or
instrumentality 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
``(2) may request the head of such a department, agency, or
instrumentality to convey a property interest in the land or
airspace to 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 if the Secretary--
``(A) determines that the property is no longer needed for
aeronautical purposes;
``(B) determines that the property will be used to generate
revenue for the public airport;
``(C) provides preliminary notice to the head of such
department, agency, or instrumentality at least 30 days
before making the request;
``(D) provides an opportunity for notice to the public on
the request; and
``(E) includes in the request a written justification for
the conveyance.''.
(b) Application to Existing Conveyances.--The provisions of
section 47125(a)(2), as amended by subsection (a) apply to
property interests conveyed under section 47125 of that title
before, on, or after the date of enactment of this Act,
section 516 of the Airport and Airway Improvement Act of
1982, section 23 of the Airport and Airway Development Act of
1970, or section 16 of the Federal Airport Act. For purposes
of this section, the Secretary of Transportation (or the
predecessor of the Secretary) shall be deemed to have met the
requirements of subparagraphs (C), (D), and (E) of section
47125(a)(2) of such title, as so amended, for any such
conveyance before the date of enactment of this Act.
SEC. 509. 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 civil enforcement action under the
program known as Flight Operations Quality Assurance. Not
later than 1 year after the last day of the period for public
comment provided for in the notice of proposed rulemaking,
the Administrator shall issue a final rule establishing those
procedures.
SEC. 510. 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 subsection.
SEC. 511. 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.
SEC. 512. 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.''.
SEC. 513. 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
[[Page S10805]]
``(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 Wendell H. Ford National Air Transportation System
Improvement Act of 1998, 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 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. Advanced qualification program.''.
SEC. 514. 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. 515. 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. 516. 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. 517. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.
Beginning in 1999, 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. 518. 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 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. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY
INFORMATION.
(a) General Rule.--Chapter 421 of title 49, United States
Code, 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
[[Page S10806]]
this paragraph, the person alleged to have committed the
violation or the complainant may file objections to the
findings or preliminary order and request a hearing on the
record.
``(iv) Effect of filing.--The filing of objections under
clause (iii) shall not operate to stay any reinstatement
remedy contained in the preliminary order.
``(v) Hearings.--Hearings conducted pursuant to a request
made under clause (iii) shall be conducted expeditiously. 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.
``(D) Frivolous complaints.--If the Secretary of Labor
finds that a complaint brought under paragraph (1) is
frivolous or was brought in bad faith, the Secretary of Labor
may award to the prevailing employer a reasonable attorney
fee in an amount not to exceed $5,000.
``(4) 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.
``(5) 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.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose behalf an
order is issued under paragraph (3) may commence a civil
action against the air carrier, contractor, or subcontractor
named in the order to require compliance with the order. The
appropriate United States district court shall have
jurisdiction, without regard to the amount in controversy or
the citizenship of the parties, to enforce the order.
``(B) Attorney fees.--In issuing any final order under this
paragraph, the court may award costs of litigation (including
reasonable attorney and expert witness fees) to any party if
the court determines that the awarding of those costs is
appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28.
``(d) Nonapplicability To Deliberate Violations.--
Subsection (a) shall not apply with respect to an employee of
an air carrier, or contractor or subcontractor of an air
carrier who, acting without direction from the air carrier
(or an agent, contractor, or subcontractor of the air
carrier), deliberately causes a violation of any requirement
relating to air carrier safety under this subtitle or any
other law of the United States.''.
(b) Conforming Amendment.--The chapter analysis for chapter
421 of title 49, United States Code, 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) of title 49,
United States Code, is amended by striking ``subchapter II of
chapter 421,'' and inserting ``subchapter II or III of
chapter 421,''.
TITLE VI--AVIATION COMPETITION PROMOTION
SEC. 601. 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. 602. 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
1999 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. 603. COMMUNITY-CARRIER AIR SERVICE PROGRAM.
(a) In General.--Subchapter II 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
[[Page S10807]]
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.
``(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 appropriated under section 604 of
the Wendell H. Ford National Air Transportation System
Improvement Act of 1998 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 $30,000,000 of the amounts appropriated under 604 of the
Wendell H. Ford National Air Transportation System
Improvement Act of 1998 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 appropriated under section 604 of the
Wendell H. Ford National Air Transportation System
Improvement Act of 1998, 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.
``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 Wendell H. Ford National Air Transportation
System Improvement Act of 1998.
``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 VI of the Wendell H. Ford National Air
Transportation System Improvement Act of 1998; 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.
[[Page S10808]]
``(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 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.''.
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
To carry out sections 41743 through 41746 of title 49,
United States Code, for the 4 fiscal year period beginning
with fiscal year 1999, there are authorized to be
appropriated to the Secretary of Transportation not more than
$10,000,000. To carry out such sections for the 4 fiscal year
period beginning with fiscal year 1999, not more than
$20,000,000 shall be made available to the Secretary for
obligation and expenditure out of the account established
under section 45303(a) in addition to the amounts authorized
to be appropriated under the preceding sentence.
SEC. 605. 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 Wendell H. Ford National Air
Transportation System Improvement Act of 1998, 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 arrangments; 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 shall promulgate
regulations that address the problem.''.
SEC. 606. SLOT EXEMPTIONS FOR NONSTOP REGIONAL JET SERVICE.
(a) In General.--Section 41714 is amended by adding at the
end thereof the following:
``(j) Slots for Nonstop Jet Service Exemption.--
``(1) In general.--Within 90 days after receiving an
application for an exemption to provide nonstop regional jet
air service between--
``(A) an airport that is smaller than a large hub airport
(as defined in section 47134(d)(2)); and
``(B) a high density airport subject to the exemption
authority under subsection (a),
the Secretary shall grant or deny the exemption in accordance
with established principles of safety and the promotion of
competition.
``(2) Existing slots taken into account.--In deciding to
grant or deny the exemption, the Secretary may take into
consideration the slots already used by the applicant.
``(3) Conditions.--The Secretary may grant an exemption to
an air carrier under paragraph (1)--
``(A) for a period of not less than 12 months;
``(B) for a minimum of 2 daily roundtrip flights; and
``(C) for a maximum of 3 daily roundtrip flights.
``(4) 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
paragraph (1)--
``(A) authorize the air carrier to upgrade its service
under the exemption to a larger jet aircraft; and
``(B) 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--
``(i) the air carrier has been operating under the
exemption for a period of not less than 12 months; and
``(ii) the air carrier can demonstrate unmitigatable
losses.
``(5) Forefeiture for misuse.--Any exemption granted under
paragraph (1) 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.
``(6) Restoration of air service.--To the extent that--
``(A) slots were withdrawn from an air carrier under
subsection (b) of this section;
``(B) the withdrawal of slots under that subsection
resulted in a net loss of slots; and
``(C) the net loss of slots resulting from the withdrawal
had an adverse effect on service to nonhub airports and in
other domestic markets,
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.
``(7) Priority to new entrants and limited incumbent
carriers.--In assigning slots under this subsection the
Secretary shall, in conjunction with paragraph (5), give
priority consideration to an application from an air carrier
that, as of July 1, 1998, held fewer than 20 slots at the
high density airport for which it filed an exemption
application.''.
(b) Definitions.--Subsection (h) of section 41714 is
amended by--
(1) by striking ``The term'' in paragraph (1) and inserting
``Except as provided in paragraph (5), the term''; and
(2) adding at the end thereof the following:
``(5) Nonstop jet exemption definitions.--Any term used in
subsection (j) that is defined in section 41762 has the
meaning given that term by section 41762.''.
(c) Slot Withdrawal Not To Affect Nonhub Service.--Section
41714, as amended by subsection (a), is amended by adding at
the end thereof the following:
``(k) Slot Withdrawal May Not Affect Nonhub Service.--The
Secretary may not withdraw a slot from a United States air
carrier under this section in order to provide a slot to a
foreign air carrier for purposes of international air
transportation unless the Secretary finds that--
``(1) the withdrawal of that slot from the United States
air carrier will not adversely affect air service to nonhub
airports; and
``(2) United States air carriers seeking slots for purposes
of international air transportation at an airport in the home
country of that foreign air carrier receive reciprocal
treatment by the government of that country.''.
SEC. 607. SECRETARY SHALL GRANT EXEMPTIONS TO PERIMETER RULE.
(a) In General.--Section 41714(d) is amended by adding at
the end thereof the following:
``(3) Beyond-perimeter exemptions.--The Secretary of
Transportation shall by order grant exemptions from the
application of sections 49109 and 49111(e) 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--
``(A) provide air transportation service with domestic
network benefits in areas beyond the perimeter described in
that section; and
``(B) increase competition in multiple markets.
``(4) Within-perimeter exemptions.--The Secretary of
Transportation shall by order grant exemptions from the
requirements of section 49111(e) and subparts K and S of part
93 of title 14, Code of Federal Regulations, to commuter air
carriers for service to airports smaller than large hub
airports (as defined in section 47134(d)(2)) within the
perimeter established for civil aircraft operations at Ronald
Reagan Washington National Airport. The Secretary shall
develop criteria for distributing slots for flights within
the perimeter to airports other than large hubs under this
paragraph in a manner consistent with the promotion of air
transportation.
``(5) Limitations.--
``(A) Aircraft.--An exemption granted under paragraph (3)
or (4) may not be granted with respect to any aircraft that
is not a Stage 3 aircraft (as defined by the Secretary).
``(B) Number and type of operations.--The Secretary shall
grant exemptions under paragraph (3) and (4) that--
``(i) will result in 12 new daily air carrier slots at such
airport for long-haul service beyond the perimeter;
``(ii) will result in 12 new daily commuter slots at such
airport; and
``(iii) will not result in new daily commuter slots for
service to any within-the-perimeter airport that is not
smaller than a large hub airport (as defined in section
47134(d)(2)).
``(C) Hours of operation.--In granting exemptions under
paragraphs (3) and (4), the Secretary shall distribute the 24
new daily slots fairly evenly across the hours between 7:00
a.m. and 9:59 p.m., so that--
``(i) not more than 2 slots per hour shall be added during
9 of the hours beginning during that period; and
``(ii) 1 slot per hour shall be added during 6 of the hours
beginning during that period.
``(6) Protection of incumbent carriers.--An exemption
granted under paragraph (3) or (4) may not result in the
withdrawal of a slot from any incumbent air carrier at that
airport.
``(7) Review of safety, environmental, and noise impact.--
The Secretary--
``(A) shall assess the impact of granting exemptions under
paragraphs (3) and (4) on the environment (including noise
levels) and safety during the first 90 days after the date of
enactment of the Wendell H. Ford National Air Transportation
System Improvement Act of 1998; and
``(B) may not grant an exemption under paragraph (3) or (4)
or issue the additional slots during that 90-day period
unless the Secretary has conducted such an assessment.''.
(b) 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, and the Governments of Maryland and Virginia
that noise standards, air traffic congestion, airport-related
vehicular congestion, safety standards, and adequate air
[[Page S10809]]
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. 608. ADDITIONAL SLOTS AT CHICAGO'S O'HARE AIRPORT.
(a) In General.--The Secretary of Transportation may grant
100 additional slots under section 41714 of title 49, United
States Code, over a 3-year period to air carriers to operate
limited frequencies and aircraft on select routes between
O'Hare Airport in Chicago, Illinois, and other airports if
the Secretary--
(1) first converts unused military slots at that airport to
air carrier slots;
(2) before granting the additional slots, finds that the
additional capacity--
(A) is available; and
(B) can be used safely;
(3) before granting the additional slots, conducts an
environmental review; and
(4) limits the use of the additional slots to Stage 3
aircraft (as defined by the Secretary).
(b) Certain Title 49 Definitions Apply.--Any term used in
this section that is defined in chapter 417 of title 49,
United States Code, has the meaning given that term in that
chapter.
SEC. 609. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.
Section 41712, as amended by section 605 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. 610. JOINT VENTURE AGREEMENTS.
(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end the following:
``Sec. 41716. Joint venture agreements
``(a) Definitions.--In this section--
``(1) Joint venture agreement.--The term `joint venture
agreement' means an agreement entered into by a major air
carrier on or after January 1, 1998, with regard to (A)
code-sharing, blocked-space arrangements, long-term wet
leases (as defined in section 207.1 of title 14, Code of
Federal Regulations) of a substantial number (as defined
by the Secretary by regulation) of aircraft, or frequent
flyer programs, or (B) any other cooperative working
arrangement (as defined by the Secretary by regulation)
between 2 or more major air carriers that affects more
than 15 percent of the total number of available seat
miles offered by the major air carriers.
``(2) Major air carrier.--The term `major air carrier'
means a passenger air carrier that is certificated under
chapter 411 of this title and included in Carrier Group III
under criteria contained in section 04 of part 241 of title
14, Code of Federal Regulations.
``(b) Submission of Joint Venture Agreement.--At least 30
days before a joint venture agreement may take effect, each
of the major air carriers that entered into the agreement
shall submit to the Secretary--
``(1) a complete copy of the joint venture agreement and
all related agreements; and
``(2) other information and documentary material that the
Secretary may require by regulation.
``(c) Extension of Waiting Period.--
``(1) In general.--The Secretary may extend the 30-day
period referred to in subsection (b) until--
``(A) in the case of a joint venture agreement with regard
to code-sharing, the 150th day following the last day of such
period; and
``(B) in the case of any other joint venture agreement, the
60th day following the last day of such period.
``(2) Publication of reasons for extension.--If the
Secretary extends the 30-day period referred to in subsection
(b), the Secretary shall publish in the Federal Register the
reasons of the Secretary for making the extension.
``(d) Termination of Waiting Period.--At any time after the
date of submission of a joint venture agreement under
subsection (b), the Secretary may terminate the waiting
periods referred to in subsections (b) and (c) with respect
to the agreement.
``(e) Regulations.--The effectiveness of a joint venture
agreement may not be delayed due to any failure of the
Secretary to issue regulations to carry out this subsection.
``(f) Memorandum To Prevent Duplicative Reviews.--Promptly
after the date of enactment of this section, the Secretary
shall consult with the Assistant Attorney General of the
Antitrust Division of the Department of Justice in order to
establish, through a written memorandum of understanding,
preclearance procedures to prevent unnecessary duplication of
effort by the Secretary and the Assistant Attorney General
under this section and the United States antitrust laws,
respectively.
``(g) Prior Agreements.--With respect to a joint venture
agreement entered into before the date of enactment of this
section as to which the Secretary finds that--
``(1) the parties have submitted the agreement to the
Secretary before such date of enactment; and
``(2) the parties have submitted any information on the
agreement requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall
begin on the date, as determined by the Secretary, on which
all such information was submitted and end on the last day to
which the period could be extended under this section.
``(h) Limitation on Statutory Construction.--The authority
granted to the Secretary under this subsection shall not in
any way limit the authority of the Attorney General to
enforce the antitrust laws as defined in the first section of
the Clayton Act (15 U.S.C. 12).''.
(b) Conforming Amendment.--The analysis for subchapter I of
such chapter is amended by adding at the end the following:
``41716. Joint venture agreements.''.
SEC. 611. 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. 612. GAO STUDY OF RURAL AIR TRANSPORTATION NEEDS.
The General Accounting Office, in conjunction with the
Federal Aviation Administration, shall conduct a study of the
effectiveness of the national air transportation system 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,
and shall assess the effectiveness of the system by reference
to criteria that include whether, under the system, each
resident of the United States is within a 1-hour drive on
primary roads of an airport that has at least one runway of
at least 5,500 feet in length at sea-level, or the equivalent
altitude-adjusted length.
TITLE VII--NATIONAL PARKS OVERFLIGHTS
SEC. 701. 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. 702. 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
[[Page S10810]]
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 Wendell H. Ford National Air Transportation
System Improvement Act of 1998, 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 Wendell H. Ford National Air Transportation
System Improvement Act of 1998; 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 Wendell
H. Ford National Air Transportation System Improvement Act of
1998.
``(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
[[Page S10811]]
ending on the date of enactment of the Wendell H. Ford
National Air Transportation System Improvement Act of 1998.
``(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 40125 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) Alaska.--The provisions of this title and section 40125
of title 49, United States Code, as added by subsection (a),
do not apply to any land or waters located in Alaska.
(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. 703. 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 commonly accepted quiet aircraft
technology for use in commercial air tours of national parks
or tribal lands, which will receive preferential treatment in
a given air tour management plan;
(3) on other measures that might be taken to accommodate
the interests of visitors to national parks; and
(4) 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. 704. 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.
TITLE VIII--AVIATION TRUST FUND AMENDMENTS
SEC. 801. AMENDMENTS TO THE AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1) of the Internal Revenue Code of 1986
(relating to expenditures from Airport and Airway Trust Fund)
is amended--
(1) by striking ``1998,'' and inserting ``2002,''; and
(2) by striking ``1996;'' in subparagraph (A) and inserting
``1996, or the Wendell H. Ford National Air Transportation
System Improvement Act of 1998;''.
Mr. McCAIN addressed the Chair.
The PRESIDING OFFICER. The Senator from Arizona is recognized.
Mr. McCAIN. Madam President, since Senator Ford is not here yet, I
will not ask for a unanimous consent agreement because I believe he
would object at this time. But what I do want to do is go over the
pending amendments, as I know what they are, and urge my colleagues to
call in within the next half hour or come over with any amendments they
may have to this bill so that we can get a unanimous consent agreement
narrowed down on the amendments to the bill.
The amendments that I now understand would be pending are: McCain-
Ford amendment, which is a managers' amendment, which is 10 minutes
equally divided; a McCain amendment, which is relevant, 5 minutes
equally divided; a Hollings amendment, relevant, 5 minutes equally
divided; a Gorton, relevant amendment, 5 minutes equally divided; a
Ford amendment, relevant, 5 minutes equally divided; a Bingaman
amendment, overflights, bolster Native Americans' role, 30 minutes
equally divided; DeWine sense of Senate, 10 minutes equally divided;
Dorgan, regional jet tax incentives, 2 hours equally divided; Dorgan,
mandatory interline and joint fair agreements, 2 hours equally divided;
Faircloth, sense of the Senate, 5 minutes equally divided; Inhofe, FAA
emergency revocation power, 10 minutes equally divided; Mikulski-
Sarbanes--two amendments--Reagan National Airport, slots and perimeter
rule, 30 minutes equally divided; Roth, reintroduce title VIII to the
bill, 5 minutes equally divided; Thompson, criminal penalties for
airmen who fly without a certificate, 10 minutes equally divided;
Torricelli, Quiet Communities Act, S. 951, 1 hour equally divided;
D'Amato-Moynihan, DOT issue 70 slot exemptions at JFK Airport, 10
minutes equally divided; Lott-Frist-Moynihan, limit eligible airport
size for regional jet section and Reagan National commuter slots, 10
minutes equally divided; Reed of Rhode Island, noise at Rhode Island
airport, 15 minutes equally divided; Reed of Rhode Island, cost-sharing
notice, 15 minutes equally divided; Robb, Reagan National Airport,
slots and perimeter rule, 1 hour equally divided; Snowe, handicapped
access violations, increase civil penalty, 10 minutes equally divided;
Snowe, community air service grants, regional distribution, 10 minutes
equally divided; Warner, prohibit new Reagan National slots and
perimeter rule exemptions until Washington Metropolitan Airport
Authority nominees confirmed by the Senate, 1 hour equally divided;
Warner, notice, comment, and hearings before proceeding with Reagan
National slots and perimeter rule exemptions.
If there are additional amendments to the bill, I would urge my
colleagues to send them over so that sometime within the next hour we
could try to initially propose a unanimous consent agreement at least
to narrow down the list of amendments.
Madam President, I want to make clear to my colleagues the importance
of this legislation and why we need to resolve it as quickly as we
possibly can. Today is the 23rd of September, 1998. If we do not get a
bill into conference and back and passed by the 1st of October, at
least $2 billion worth of moneys out of the airport trust fund/
[[Page S10812]]
aviation trust fund will not be allowed to move forward, and also there
are many letters of intent that entail hundreds of millions more.
Madam President, we all know how important aviation is to America. We
all know how important it is for us to move forward with the ever
growing air traffic in the United States of America.
Madam President, I rise in support of S. 2279, the Wendell H. Ford
National Air Transportation System Improvement Act of 1998. Today, I
will be offering a manager's amendment to the bill as reported by the
Commerce Committee on July 14, 1998. This bill, as modified by the
manager's amendment, has the support of Committee Ranking Member
Senator Hollings, Aviation Subcommittee Chairman Gorton, Aviation
Subcommittee Ranking Member Senator Ford, and myself. As I indicated on
the floor last week, this is a ``must-pass'' piece of legislation which
includes critical aviation projects such as safety, security, capacity
and noise projects at airports across the Nation.
Madam President, if the Congress does not pass legislation to
reauthorize the programs of the Federal Aviation Administration (FAA),
the FAA will be prohibited from issuing grants to airports in every
state, regardless of whether the transportation appropriations bill is
signed into law. Therefore, we must act to reauthorize the programs of
the FAA before we leave this year.
I would like to highlight three areas of importance which this bill
addresses. First and foremost, it reauthorizes the FAA and Airport
Improvement Program, AIP. Second, the bill contains essential
provisions to promote a competitive aviation industry. Last but not
least, it will protect the environment in our national parks from the
harmful effects of excessive commercial air tour overflights. I have
worked long and hard on all of these issues. And many of these long and
hard times have been spent with Senator Ford, the Senator from
Kentucky.
This bill provides a two-year authorization for most programs of the
FAA including FAA Operations, Facilities and Equipment, and AIP, the
Airport Improvement Plan. Research, Engineering and Development (RE&D)
programs have already been authorized for FY 1999 by separate
legislation that was signed into law on February 11, 1998. S. 2279
authorizes the AIP at $2.4 billion for Fiscal Year 1999.
The legislation also includes funding for aviation security. Two
years ago, the Congress passed the 1996 FAA reauthorization bill which
contained numerous provisions designed to improve security at our
nation's airlines and airports. These provisions included accelerating
deployment of the latest explosive detection systems; enhancing
passenger screening processes; requiring criminal history record checks
on screeners; and requiring regular joint threat assessments and
testing baggage match procedures. While these provisions have helped
secure our airlines and airports, the legislation before us builds upon
the security foundation we established 2 years ago.
Madam President, S. 2279 legislation also includes several provisions
to enhance competition in the airline industry. On October 29, 1997, I
introduced the Aviation Competition Enhancement Act of 1997, S. 1331.
The purpose of this bill was to further deregulate our domestic
aviation system for the the benefit of travelers and communities, by
promoting more convenient options and competitive air fares for
travelers. According to the General Accounting Office report of October
1996, several factors have limited entry at many airports. These
factors include the dominance of routes to and from the four slot
controlled airports by one or two established airlines. In April 1996,
the Department of Transportation conducted a study that estimated that
almost 40 percent of domestic passengers traveled in markets with low
fare competition, saving consumers an estimated $6.3 billion annually
in airline fares.
Due to the interest of other Senators to increase competition in the
airline industry, I worked with Senators Frist and Lott on a substitute
to Senator Frist's competition legislation, S. 1353, which the Commerce
Committee also reported out of Committee on July 14, 1998. These
provisions are also included in the bill that is now before us.
The competition provisions--and I would like to again give great
credit to Senators Frist and Lott--have three main elements. First,
they would provide slot exemptions for nonstop regional jets to fly to
and from so-called underserved communities and the four slot-controlled
airports--Reagan National, O'Hare, LaGuardia, and JFK--would create 12
new round-trip flights at Ronald Reagan Washington National Airport,
and provide limited exemptions to the perimeter rule at Reagan National
and finally, would add additional slots at Chicago O'Hare. I will
comment on each of these provisions.
The slot exemptions for nonstop regional jets must be approved by the
Secretary of Transportation for service between a nonhub airport and a
small hub airport and the high density airports which are O'Hare,
LaGuardia, and JFK.
At Reagan National, the legislation would create 6 new daily round-
trip flights beyond the 1,250-mile perimeter, a federally imposed
restriction, and 6 new daily round-trip flights to under-served markets
within the perimeter. Carriers can only use Stage 3 aircraft that meet
strict noise requirements in the new slots. The new service will result
in only one or two new flights per hour at the airport.
At Chicago O'Hare, the legislation as reported by the Commerce
Committee would provide discretionary authority to the Secretary of
Transportation to convert up to 100 unused military slots to air-
carrier slots over three years at Chicago's O'Hare Airport. Due to
concerns raised by some Senators, however, I have worked on a
compromise regarding additional flights at O'Hare. Under the agreement
which is included in the managers amendment we are offering today, the
Secretary of Transportation would be directed to allocate 30 new daily
take-off and landing slots over the next three years. Specifically,
eighteen slots would provide service to under-served communities, and
twelve slots would be available for general distribution.
I would now like to address those members of the Senate who have
concerns about the possible increase in noise at O'Hare and Reagan
National due to the increase in slots. The aircraft that operate in
these new slots would be required to operated Stage 3 aircraft only.
Stage 3 aircraft is the quietest technology available today. The entire
domestic fleet is in the process of converting from Stage 2 aircraft to
the significantly quieter Stage 3 aircraft. Currently, the fleet is 75
percent Stage 3. By 2000, thanks to legislation previously passed, it
must become 100 percent Stage 3. Once the fleet becomes 100 percent
Stage 3, the noise impact on areas surrounding airports will drop
significantly.
At Reagan National, the FAA has already stated that the phaseout of
Stage 2 aircraft will have a significant impact on noise at the
airport. Therefore, adding a few more flights of quieter Stage 3
aircraft certainly should not cause noise levels to approach what they
are today.
At O'Hare, before granting any of the exemptions, the Secretary is to
study and report on the environmental considerations that are
associated with the flights that would utilize the additional
exemptions, including determining that there is no significant increase
in noise. I want to repeat: including the Secretary must determine that
there is no significant increase in noise. The Secretary must certify
that sufficient capacity is available at O'Hare to accommodate the
additional flights, and that the exemptions can be used safely.
Prior to issuing any of the slot exemptions, the Secretary is to
provide 30-days public notice in the Federal Register. Furthermore, the
Secretary is to consult with local officials on the noise and
environmental issues surrounding granting of the exemptions. At the end
of three years, the Secretary will again study and report on how
safety, the environment, noise, access to underserved markets
throughout the country, and competition at Chicago O'Hare have been
impacted by the new exemptions.
Meanwhile, the revised bill will direct the Secretary to study and
report on the community noise levels in the areas surrounding the four
high density airports O'Hare, Reagan National, LaGuardia and JFK, once
the national 100-percent State 3 requirement comes into effect in 2000.
Among other things,
[[Page S10813]]
the report is to compare community noise levels since enactment of the
Stage 3 aircraft fleet requirements in the 1990 Airport Noise and
Capacity Act. The report will also offer suggestions on improving the
noise impact of these airports.
In summary, Madam President, this legislation represents over a
year's work by the Commerce Committee and the Aviation Subcommittee. I
cannot overemphasize the need to move quickly on this bill. As the end
of the second session of the 105th Congress comes to an end, we cannot
run the risk of the bill getting caught up in unrelated, politically-
charged issues. This bill will have to be conferenced with the House,
and we need to take the time to move through the appropriate process.
Before I conclude my remarks, I would like to comment on an important
issue that is not being addressed in this bill--although I considered
offering an amendment on the subject. The issue concerns the abuse of
familiarization training programs at the FAA. Such programs authorize
FAA employees to have free access to cockpit or cabin seating on
commercial flights. Cockpit access is designed to provide these
employees an opportunity to gain firsthand experience in the
operational characteristics of various types of aircraft, to directly
interface with cockpit crews and air traffic controllers, and to gain
insight into the FAA's systems' performance.
A February 1996 audit by the Department of Transportation's Office of
Inspector General found that some FAA employees violated standards of
ethical conduct by using their familiarization privileges to fulfill
personal travel agendas and take vacations. The IG essentially found
that FAA oversight and control of the familiarization programs was
inadequate. Despite the fact that the IG recommended that the FAA
establish stronger guidelines and internal controls with regard to
these training programs, it is my understanding that they still are not
adequately managed.
Despite my concerns, I am not calling for elimination of appropriate
training programs that provide valuable insight and experience for FAA
employees. Taxpayers simply want to be assured that such program are
being used only for legitimate training purposes and not being abused
for personal gain, by managers and controllers alike. Unfortunately,
the ride-along privilege seems to have evolved from a legitimate
training tool into a personnel perk that is easily subject to abuse.
I recently wrote to Secretary Slater and Administrator Garvey about
this matter. I strongly urged the FAA to review each of the
recommendations contained in the 1996 IG report. Without strong
oversight and control of these familiarization programs, they will
remain open to abuse. It is inappropriate for FAA employees to use
these training programs for personal travel. This issue is particularly
troublesome because it involves taking advantage of an industry the FAA
is responsible for regulating. Therefore, I urged the FAA to take every
action to stop the abuse of these programs and establish guidelines for
their proper use.
It is my understanding that the FAA, working with the DOT-IG, has set
forth a plan to take decisive action to prevent further abuse of
familiarization programs. I hope that changes are implemented
immediately. I will continue to follow this issue very closely.
Madam President, my message to the FAA is we should not have to pass
a law in order to prevent the abuse of a relatively important training
program. Clean up your act and restore the Congress' and the American
people's confidence in this program or we will have to act. Sometimes
when we act legislatively there are unintended consequences, as well as
intended consequences.
Returning to the matter of the legislation at hand, I urge all of my
colleagues to support passage of S. 2279. We cannot adjourn for the
year without taking final action on this important legislation. If we
fail to act, the FAA's hands will be tied and they will be unable to
address needed security and safety issues in every State in the Nation.
Madam President, about a week ago I included in the Record the
amounts of money that will be allocated to each State to take care of
or begin to address many of their aviation requirements. At a later
time, I will include that again in the Record.
The last thing we want is a disruption of not only the funding, but
also the ongoing safety measures that are a part of this bill and that
are a follow-on to the legislation that the Senator from Kentucky had
to deal with a couple years ago.
I urge my colleagues, again, to call in their amendments. We will
include them in a unanimous consent agreement which we will try to
propound. I understand that there is an important function this evening
which will require the Senate to go out around 6 o'clock. I would like
to try, at the least, to get our agenda refined by that time.
I know that the Senator from Kentucky has remarks, so I yield the
floor.
Mr. FORD addressed the Chair.
The PRESIDING OFFICER. The Senator from Kentucky is recognized.
Mr. FORD. I thank my friend, Senator McCain, chairman of the
Commerce, Science, and Transportation Committee. I compliment him on
his remarks. I think he fully and fairly explained the legislation that
is before the Senate. One of the things I want to reiterate that he
stated is that every State in this Nation has a vital part in this
piece of legislation as it relates to air transportation, not only
domestically but internationally. It is important. We are talking, I
think, in the neighborhood of approximately $10 billion per year. It is
so important, as the chairman has said, that we work hard and quickly
on this bill so that we might pass it prior to adjournment. I would
hate to see this piece of legislation caught up in a continuing
resolution that would generally turn into a ``Christmas tree.''
So, Madam President, before us today is S. 2279, a bill that my good
friend, Senator Ted Stevens, and this committee named after me. I hope
having that name on it won't prevent it from moving expeditiously. It
is an honor to have a piece of legislation named after a Member, and I
thank the Senator from Alaska for his friendship and his kindness.
As many of my colleagues know, this bill is a ``must'' pass bill.
Without it, the FAA and our nation's airports can not continue to build
to meet future needs. I have watched over my career as airports in
Louisville, Cincinnati, Owensboro, Hazard and may other places in my
State, have benefited from the work of the FAA. We all have seen the
growth in aviation throughout the country and, yes, throughout the
world. Denver, for example, was a pipe dream for many years. Today, it
is a vital part of the aviation system.
Past Administrators, like Linda Daschle, and Secretaries, like Sam
Skinner, have also realized how critical aviation is to our economy. In
naming these two individuals, I do not mean to exclude the many fine
individuals who have held those posts.
The Administrator today, Jane Garvey, and the Secretary, Rodney
Slater, have seen first hand how important airport improvements are to
our communities.
I had hoped, in my last FAA reauthorization bill, that we could have
done more. In 1996, along with Senator McCain and others, we tried to
set a course to reforming the FAA. We worked through difficult issues
together, and produced a good road map for the FAA. One piece remains
missing--funding. There will be options that will be debated next
year--a fee system, taking the Airport and Airways Trust Fund off
budget, or keeping the current system. As long as you can ensure that
the FAA has the money it needs to modernize and meet the future needs
of the traveling public, you will succeed.
Today, we will lay down a managers' amendment. We have been working
on it ever since the FAA bill was reported by the Commerce Committee.
Many issues of concern of the Members have been addressed. Some remain
unresolved.
I want to make clear that there are a few provisions that still need
some work. Clarification of intent will be important.
The bill today does two critical things--it gives the FAA a road map
to improve safety and to make sure that communities that have not
benefitted from airline deregulation have a chance to improve airline
services.
[[Page S10814]]
I have heard the Chair's distinguished colleague, who is on our
Commerce Committee, talk about the air transportation problems in small
communities in their area. I am hopeful that in this piece of
legislation we moved in the right direction to help those communities
that have not benefited from airline deregulation and have a chance to
improve their services. I will talk more about the small community
needs later.
As I said earlier, I think Senator McCain explained the bill very
well and very fairly. I am hopeful that colleagues on my side will be
more than willing to accept the managers' amendment and will be Henry
Clay-like--that is, in the mood of compromise--as we move into the
amendments that are not quite ready to be agreed to.
I am hopeful that we will be limited to maybe five or six votes and
then final passage. If we can do that, then that will be a real victory
for the legislative process. I want to express a special thanks to the
staff on both sides who have worked so hard since this bill was
introduced to work out many of the amendments that were being proposed
and suggested.
I think we come today with a package that is almost there. I am sure
that once we get into the five or six amendments that might be
contentious, we will be able to work it out. Even now, as we are
bringing this piece of legislation to the floor, staff are working to
see if they can reach an agreement on the final pieces of legislation.
I agree with my colleague, Senator McCain, that we are hopeful that
between now and roughly 6 p.m., we will know how many amendments will
be brought to this piece of legislation, how many would need a vote,
and how many we would need to discuss. We are hopeful that we can be
very close at the end of the day to getting this bill prepared to pass
here tomorrow and send it to conference, so that we can include this
must-pass bill in our agenda before we leave here somewhere around
October 9.
Again, I thank my colleague for all of his hard work. He is a pretty
tenacious fellow. When there are things that he believes should be
done, even though he may not have a majority with him at that time,
look out, here he comes. So we are down to five or six amendments, I
believe, and we are still working to try to see if an accommodation can
be made, because when we are talking about the transportation and the
industrial development, those things are so important to this country
and our ability to move in the international sphere that we must pass
this bill before we leave here.
So I am ready to work. I will meet with our colleagues any time. Our
staffs are prepared to meet, and we will do whatever is necessary to
spend the time to work out these final few amendments. Before we leave
here this afternoon, I look forward to having some kind of a finite
list, if we can get it, of those that we will be considering in the
next 24 hours.
Madam President, I thank the chairman for his courtesy and the time.
I yield the floor.
Mr. McCAIN. Madam President, again, I thank the Senator from
Kentucky. I argue that if I possess any legislative skills, a major
part of the reason for that is that I learned from a master for several
years. I was privileged to serve as the ranking member of the Aviation
Subcommittee of which the distinguished Senator from Kentucky was the
chairman. I watched the Senator from Kentucky masterfully, with
enormous skill and bipartisanship, pass several pieces of landmark
legislation. He did it in a way that I will always remember, and he did
it even though issues may have been rather controversial, and he did it
without rancor. I believe that the contributions that he has made to
aviation in America will be remembered long past his time here in the
U.S. Senate.
Madam President, we do have a managers' amendment, which I will bring
forward in just a minute, as we attempt to get amendments. By the way,
I also know that there are Members, especially from the States of
Maryland, Virginia, Illinois and New York, who have very strongly held
views on this issue, and I welcome their presence on the floor to help
educate me and Senator Ford further on their views and the impact of
this legislation on their airports and surrounding communities.
Mr. FORD. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BYRD. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BYRD addressed the Chair.
The PRESIDING OFFICER. The Senator from West Virginia is recognized.
____________________