[Congressional Record Volume 144, Number 130 (Friday, September 25, 1998)]
[Senate]
[Pages S10945-S10969]
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 (Mr. Allard). Under the previous order, the
Senate will now resume consideration of H.R. 4057, which the clerk will
report.
The assistant legislative clerk read as follows:
A bill (H.R. 4057) to amend title 49, United States Code,
to reauthorize programs of the Federal Aviation
Administration, and for other purposes.
The Senate resumed consideration of the bill.
The PRESIDING OFFICER. Under the previous order, there will now be 20
minutes for debate, equally divided between the majority and minority
leaders, prior to the vote on passage.
section 606
Mr. INHOFE. Mr. President, I would like to point out to the Chairman
that Section 606 contains a provision that appears to grant priority
status to a single carrier at Chicago O'Hare for the return of slots
previously withdrawn for international service. If it is the intention
of this provision to give one carrier at O'Hare preference in slot
allocation, the Senate conferees must act in conference to remove this
provision.
This provision appears to hand over roughly 35 slots that the
dominant carrier at Chicago previously sought to obtain from the
Federal Aviation Administration (FAA) but was twice denied.
This provision would advantage a single carrier, which knew of the
priority of slot withdrawal and should have planned its hub operations
to take into account the effects. It strengthens a single carrier's
position at O'Hare, a situation which the Congress should not
legislate.
As this legislation goes to conference, the Senate is relying on the
conferees to ensure Congress is even-handed in these matters.
Mr. McCAIN. I understand the Senator's concerns, which others have
raised as well. I appreciate the Senator from Oklahoma expressing these
views.
death on the high seas act
Mr. WYDEN. I would like to engage in a colloquy with the gentleman
from Arizona, the distinguished Chairman of the Commerce Committee,
concerning provisions included in the FAA reauthorization bill to
reform the Death on the High Seas Act.
Mr. McCAIN. I would be happy to engage the gentleman from Oregon in a
colloquy.
Mr. WYDEN. I thank the Chairman. As the Chairman knows, one of my
constituents, John Sleavin, lost his brother and nephew and niece under
tragic circumstances when their pleasure boat was run down on the high
seas by a Korean freighter. The accident was especially tragic because
after the collision there was no attempt by the Korean freighter to
rescue the family or even to notify the authorities about the
collision. Mr. Chairman, you were very gracious to me in allowing my
constituent to testify before the Commerce Committee on the need to
reform the Death on the High Seas Act (DOHSA) to provide just
compensation for victims like my constituent. I believe he provided
compelling testimony on the need for reforming DOHSA for
[[Page S10946]]
maritime accidents. The FAA reauthorization bill reforms DOHSA but only
for aviation accidents. I would like to ask the Chairman whether he
will commit to work with me to reform DOHSA comprehensively so the
reforms cover both aviation and maritime accidents.
Mr. McCAIN. Yes, I am committed to work with the Senator from Oregon
and other Members who have an interest in this issue to explore this
issue further and to work to reform DOHSA to appropriately provide
victims of maritime accidents the same rights to recover for loss of
their loved ones as are provided to victims of aviation accidents.
(At the request of Mr. McCAIN, the following statement was ordered to
be printed in the Record.)
permimeter rule exemptions
Mrs. BOXER. Mr. President, the distinguished senior Senator
from California, Senator Feinstein, and I would like to ask the
Chairman of the Committee on Commerce, Science and Transportation a
question concerning the perimeter rule exemptions that are contained in
S. 2279, the Wendell H. Ford National Air Transportation System
Improvement Act.
Mr. McCAIN. I will be delighted to respond to questions from the
Senators from California.
Mrs. BOXER. We thank you. We first want to thank the members of the
Commerce Committee for working so diligently to produce a comprehensive
FAA reauthorization bill, and for giving us the opportunity to address
a provision in this bill which affects the people of our state and many
of the other western states.
Mrs. FEINSTEIN. The FAA reauthorization bill will provide important
and necessary funding to our nation's aviation system. It is crucial
that we work to pass this legislation before the end of this session.
But, there is one provision in this bill that we must resolve before we
can go forward. The exemptions to the Ronald Reagan Washington National
Airport Perimeter Rule has come to our attention as a section of this
bill which opens the door to an array of concerns. The change in the
Perimeter Rule will allow for six new daily round trip flights between
Reagan National Airport and airports beyond the 1,250-mile perimeter.
We have some questions as to who will be served if these exemptions
are enacted by Congress. We would like to see the highest level of
service provided to the most number of passengers. Do you believe that
this Perimeter Rule exemption would prevent airlines from competing to
provide the greatest amount of service to the most number of
passengers?
Mr. McCAIN. This provision included by the committee is intended to
implement a process that will provide numerous domestic cities,
including small and medium-sized committees, with improved service.
However, the provision allows for competition for routes to larger
communities.
Mrs. BOXER. I ask the distinguished chairman to yield to a further
question.
Mr. McCAIN. I will be happy to yield.
Mrs. BOXER. Specifically, would carriers be prevented from competing
for routes from National Airport to Los Angeles or San Jose or other
California airports under this bill?
Mr. McCAIN. No. As long as carriers can demonstrate that their routes
provide domestic network benefits and increase competition in multiple
markets, they may compete for these non-stop routes, including select
routes to California airports.
Ms. SNOWE. Mr. President, I rise to express my support for the
Wendell H. Ford National Air Transportation Improvement Act of 1998. As
a member of the Commerce Aviation Subcommittee, it has been my
privilege to work with Senator Ford on this and other bills to improve
the quality and safety of air transportation in this country, and I
believe it is a fitting tribute that we name this bill in his honor.
I appreciate the assistance I received from the Senator from Kentucky
and from my good friend, the Chairman, Senator McCain, in adding three
amendments to this bill which I believe will help improve safety,
quality and access.
I will vote for this bill because on the whole, it will benefit our
airports and air travelers. But I do want to make it clear that I do
not support sections 606 and 607. These sections will be detrimental to
commercial air service to Maine and the other markets within the
perimeter rule. While I will not be offering an amendment to strike
these two sections, I would encourage the conferees to seriously
consider the detrimental effects these sections will have on air
service.
Section 606 will negatively alter the perimeter rule at Ronald Reagan
Washington National Airport in a way that jeopardizes air service to
Maine. It is my opinion that expanding the number of slots would
clearly result in more negatives than positives.
Due to the current Federal Aviation Administration guidelines on the
distance required between aircraft, adding flights at National airport
will require air traffic controllers to chose between staying on
schedule or sacrificing safety.
If more flights are added through the creation of these new slots in
Section 606, the controller will have to place these flights more
closely together in order to prevent delays in arrivals and departures.
By decreasing the spacing of the flights in and out of Reagan National,
it will create an unsafe situation by subjecting the flights to the jet
wash, or turbulence, of flights in front of them. Such exposure to the
jet wash, especially at take-off creates a terrible safety situation.
One which will jeopardize lives of the traveling public.
I am also concerned about the way that section 606 distributes the
new slots are distributed. Specifically, the section gives priority
consideration to air carriers who have already had slots withdrawn from
them. This will result in the majority of new slots to go to one
dominate carrier and further increase already overpriced business
airfares. Further, this language will overturn a March 1998, Department
of Transportation decision concerning the distribution of slots.
I would also like to note my opposition to section 607, which
modifies the perimeter rule. It is well established that the perimeter
rule maintains a delicate balance between National Airport and Dulles
International Airport. Under the perimeter rule, Dulles has flourished
as an international gateway, and National has provided regional service
to states such as Maine.
I believe that in the long run, violating the perimeter rule will
hurt travelers from Maine. Eroding the perimeter rule will bring long-
haul flights to National--short haul flights, in turn, will be rerouted
to Dulles or eliminated altogether. Ironically, violating the perimeter
rule would also hurt those underserved communities the legislation is
designed to assist. Modifying the perimeter rule could encourage
airlines at National to substitute long-haul flights for existing
service to smaller communities within the perimeter.
I believe that the amendment offered by the Senator from Virginia,
Mr. Robb, which I have cosponsored, will mitigate some of the potential
impact of modifying the perimeter rule by making it incumbent on the
Secretary of Transportation to ensure that these changes will not
reduce travel options for communities served by small and medium sized
airports within the perimeter and not result in meaningful increases in
travel delays.
I also would want to note the Dorgan-Snowe amendment that was adopted
and to thank the Chairman and Ranking member for their helping in
working through the language. The Dorgan-Snowe amendment would
facilitate air service to under-served communities and encourage
airline competition through non-discriminatory interconnection
requirements by permitting the Secretary of Transportation to require
major carriers to enter into agreements with new entrant air carriers
which serve rural or underserved markets.
This amendment will give the Secretary of Transportation the
authority to require an air carrier that serves an essential airport
facility, such as a major hub, and has an exclusive--almost
monopolistic--agreement with another airline which serves an under-
served market to enter into a joint fare or interline agreement with a
new air carrier, trying to enter the underserved market so that the
people living in the rural or underserved area will have a competitive
alternative and not be beholden to one airline.
This would allow a new airline to fly from a rural or underserved
market to a hub airport which is dominated by a
[[Page S10947]]
major carrier and permit the traveler to continue to another market on
the megacarrier without having to purchase a second ticket or worrying
if their bags will be transferred to the megacarrier.
I want to make it perfectly clear. States which are primarily rural
or have a large number of underserved markets will benefit from this
amendment. Opponents of this amendment argue that this is re-
regulation. Nothing is further from the truth. Senator Dorgan and I are
establishing a mechanism which will allow new entrant carriers to be
able to compete with the mega air carriers. Only if the Secretary
believes that underserved markets will benefit and that competition
will result, will an interline agreement be sanctioned.
It is interesting to note that when the commercial air carrier
industry was deregulated, there were 19 domestic trunk-line and local
service carriers. Of those 19, only 5 (American, Continental, Delta,
Northwest, and United) airlines are still in existence. At the time of
deregulation, eight of the 15 airlines controlled 80% of the market
share. Today, the seven largest carriers control more than 90% of the
market.
Some say that this is positive result of deregulation, claiming that
deregulation was designed to promote a ``survival of the fittest'' type
industry and promote profitability. Unfortunately, deregulation has
actually hurt the vast majority of communities in the United States and
the passengers who travel from small and medium sized markets.
According to a Government Accounting Office report, the full benefits
of deregulation have yet to be realized because of problems with
entering the markets dominated by a major airline.
As a result of deregulation, consumers are actually paying far more
for air travel. In fact, a doubling of an airline's market share on a
particular route translates into a price increase of almost nine
percent. Today, as a result of the lack of competition at small and
medium sized markets, it is cheaper to fly from Washington, D.C. to
Mexico City on an unrestricted ticket than it is to fly from Washington
to Portland, Maine.
Our amendment would require carriers who enter into interline and
joint fare agreements with other carriers, like those which have
already been proposed and implemented on a limited basis by the
megacarriers, to provide these agreements on a non-discriminatory basis
to carriers seeking to provide service between an underserved market
and a large hub airport in which one carrier has market dominance.
Open access like that proposed in this amendment is nothing new. In
fact Congress, just two and one-half years ago, approved legislation
with similar requirements. When Congress de-regulated the
telecommunications industry, the fundamental element to promote
competition in that legislation was the requirement that the incumbent
carriers would be required, by law, to allow their competitors to
interconnect into their network.
In a situation analogous to the telecommunications market, in order
to develop competition in the local market, we must impose, by law, the
requirement that the dominant megacarriers, allow its competitors to
interconnect into their networks. By adopting this amendment, new
entrant carriers will be allowed to interconnect into the flight
network of a major carrier which dominates a hub airport. In light of
what has been required of other industries under the goal of promoting
competition, this amendment makes sense if one wants to see a
competitive airline industry.
The only way to allow for competition in this environment is to
impose conditions on the major carriers to cooperate with their
competitors. Interline and joint fares are necessary to ensure that the
dominant carriers will not kill potential competitors.
Through the adoption of this amendment, much like the principle
underlying the local competition in the telecommunications industry, we
will be able to provide more choices, lower costs, and better service
to the majority of markets across the country.
permanent ban on rocky mountain national park commercial tour
overflights
Mr. CAMPBELL. Mr. President, as I cast my vote in favor of final
passage of the Federal Aviation Administration's Reauthorization bill,
S.2279, I am pleased to bring attention to one special amendment to
this bill.
The amendment which my colleague Senator Allard and I offered will
make the FAA's temporary ban on commercial tour overflights permanent.
I have been working toward permanently banning commercial tour
overflights over Rocky Mountain National Park for many years now, and
am pleased to see this provision pass the Senate.
As I cast my vote today, Coloradans will be one big step closer to
being assured that they will be able to enjoy the scenic beauty of
Rocky Mountain National Park without the noisy disturbances of
commercial tour overflights.
At this time I want to thank Senator McCain, who as the Chairman of
the Commerce Committee, played a critical role in getting this
amendment successfully included in the FAA bill.
Mr. INHOFE. Mr. President, section 606 subparagraph (6) of S. 2279
will have the unintended consequences of limiting competition at
Chicago's O'Hare airport. I have spoke at length with Senators Lott,
McCain, and Ford regarding my concerns with this provision and
understand that it may be possible to correct this problem in
conference. I hope that is the case.
This provision will allow those carriers who have lost landing/
takeoff slots to foreign air carriers at Chicago's O'Hare to get them
back. On the surface this seems very fair; however, it will in fact
unfairly favor the largest slot holder at O'Hare at the expense of
other competitors and new entrants. Because the dominant carrier at
O'Hare has lost the most slots, it stands to gain the most. The result
will be less competition rather than more at O'Hare.
Mr. President, by way of further explanation on this issue, I would
like to submit for the Record a letter Senator Nickles and I sent to
Senators Lott, Daschle, McCain, Hollings, Shelby, and Lautenberg
describing our concerns and asking for their assistance in correcting
the problem.
Knowing that the managers of the bill have worked very hard to
increase competition, I am certain they share my concerns regarding
market domination at O'Hare. In my discussions with Senator Lott, he
has assured me that he has no position on section 606 and would not
object to this section being removed in conference.
I ask unanimous consent that the letter be printed in the Record.
United States Senate,
Washington, DC, September 23, 1998.
Hon. Trent Lott,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Tom Daschle,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. John McCain,
Chairman, Senate Commerce, Science, and Transportation
Committee, U.S. Senate, Washington, DC.
Hon. Ernest F. Hollings,
Ranking Member, Senate Commerce, Science, and Transportation
Committee, U.S. Senate, Washington, DC.
Hon. Richard C. Shelby,
Chairman, Subcommittee on Transportation, Senate
Appropriations Committee, U.S. Senate, Washington, DC.
Hon. Frank R. Lautenberg,
Minority Member, Subcommittee on Transportation, Senate
Appropriations Committee, U.S. Senate, Washington, DC.
Dear Senators: We are writing to express our strong
opposition to a proposal that would increase major airline
dominance at a key hub airport while at the same time
reversing a Federal Aviation Administration (FAA) decision
and undercutting our international obligations. Specifically,
a provision in Section 606 of FAA Reauthorization (S. 2279)
would hand over roughly 35 slots at Chicago's O'Hare
International Airport to its largest slot holder, United
Airlines, while restricting access at that hub to its
competitors and new entrants. It is our understanding that
this special interest provision is being adviced for
inclusion in other pieces of ``must-pass'' legislation. Such
special interest legislation benefiting one airline will no
doubt lead to less competition and higher airfares. We urge
you to foster greater airline competition by deleting this
special interest provision from S. 2279 and preventing it
from being attached to other legislation.
Late last year, United petitioned FAA on just this issue
and was rejected soundly. United sought priority for any
future slot exemptions claiming they would replace the 35
slots withdrawn under FAA regulations and used by foreign
carriers in order to meet our bilateral commitments. In a
March 1998 order, FAA found that the public interest
[[Page S10948]]
would be best served by continuing to meet our aviation
bilateral agreement commitments to international air
transportation using the slots withdrawn from United and
American Airlines at O'Hare, while using the slot exemptions
to increase competition at that key airport. The priority by
which slots were to be withdrawn was well known. United chose
not to invest in better priority slots to protect its
schedule and slot holdings. In rejecting United's request,
FAA found:
``Since 1993 the FAA withdraws, on average, 31 air carrier
slots from United, which is approximately four percent of
United's domestic slot base. These slots are withdrawn based
on a priority numbering system that was established by random
lottery in 1986. Slots having the lowest numbers are most
vulnerable to withdrawal, regardless of the slot holder. As
articulated in our previous denial to United concerning this
issue, United made its selection or acquisition of slots with
vulnerable withdrawal priority and planned its hub operations
fully knowing the effects of the rule's operations might have
upon them . . . United knew, or should have known, that these
slots were vulnerable in case of withdrawal.''
We applaud the Commerce Committee's efforts to fashion a
bill that promotes greater airline competition aimed at
producing lower airfares and improved service in all
communities. Accordingly, we respectfully urge your support
for striking this provision of section 606, the effect of
which is directly opposite the intent of S. 2279 and other
procompetitive aviation legislation.
Sincerely,
Jim Inhofe,
Don Nickles.
Mr. BYRD. Mr. President, I support H.R. 4057, the Federal Aviation
Administration (FAA) Reauthorization Act and I commend my colleagues on
the bipartisan and expeditious manner in which this important
legislation was adopted by the Senate. This bill will reauthorize the
programs of the FAA for two years, including the Airport Improvement
Program (AIP), which is due to expire on September 30. The purpose of
the AIP is to provide grants to fund the capital needs of the nation's
commercial airports and general aviation facilities. Without this
important FAA reauthorization legislation to continue the contract
authority for the AIP, the FAA would not be able to distribute airport
grants that are vitally important to not only the State which I am
honored to represent, West Virginia, but also the entire nation.
A major focus of H.R. 4057 is promoting competition and quality air
service which, Mr. President, the State of West Virginia needs
desperately. Since the deregulation of the airlines, West Virginia
travelers have suffered from increased airfares and greatly reduced
service. Consequently, the inefficiencies in the present air
transportation system and the high costs have denied air passengers and
air freight shippers in West Virginia reasonable access to the national
and international air transportation system.
Mother Nature has blessed the State of West Virginia with a beautiful
but most unforgiving terrain. Steeply undulating mountains and deep
gorges are punctuated by sweetly serene valleys and hollows, and West
Virginia is kind to those who need to travel through the State by
automobile. Yet, despite the rigorous terrain of the State, most people
have to drive great distances even to catch an airplane for what is
usually the first of several stops en route to their final destination.
In eastern West Virginia, residents travel to either Dulles or Reagan
National Airports in Virginia; in the northern reaches, residents drive
to Pennsylvania or Ohio; and in the southern portion of the State, they
may have to drive to North Carolina to get to a major hub. Not only is
the limited availability of flights and destinations a problem for air
travel originating within West Virginia, but so is the exorbitant cost
of air transportation to and from the State. For example, a round trip
air ticket from Reagan National Airport to Yeager Airport in Charleston
can cost almost $700. That is almost $700 to travel under 400 miles--
and when you are done, you are only as far away as Washington, D.C.
Leaving from Washington, $700 can take you to Europe and back! This
does not make sense to most hardworking West Virginians, and it
discourages other travelers from visiting to experience West Virginia's
many wonders for themselves.
With the advent of the 21st Century just around the corner, the West
Virginia air travelers and businesses that rely on air freight will
welcome this legislation. West Virginia's expected economic expansion
in the 21st century will depend on its ability to compete not only in
the national economy, but also in the ever-growing global economy. To
successfully compete, quality, affordable, and efficient air
transportation is needed to successfully round out West Virginia's
increasingly modern infrastructure of highways, railways, and
waterways.
Mr. President, this bill, H.R. 4057, contains other necessary
language to help West Virginia progress into the new millennium. Major
provisions of this bill are not only the AIP program, but also the
Small Communities Air Service Development Program, and slot exemptions
for nonstop regional jet service.
The Small Communities Air Service Development Program will be a four-
year, $30 million, small communities grant program. Executed through
the Department of Transportation, this program will encourage
commercial air service to small communities all over the United States,
including those in West Virginia. By providing matching funds of up to
25 percent, a consortia of local communities in West Virginia is
expected to compete for the grants of $500,000 per year available per
community.
It was Thomas Edison who said, ``Restlessness and discontent are the
necessities of progress.'' Mr. President, this captures the way that I
feel about additional slot exemptions for nonstop regional jet service
at Ronald Reagan National Airport. I share the concern expressed by the
distinguished Senators from the State of Maryland and the Commonwealth
of Virginia regarding increased noise pollution in the localities
surrounding Reagan National Airport. On the other hand, twelve
additional slots to increase traffic between Washington and smaller,
non-hub airports increases the likelihood of additional airline traffic
to underserved areas like West Virginia. Improved air travel to and
from States like West Virginia will be critical to my State's remaining
competitive in the future and accessible in the present.
Mr. STEVENS. Mr. President, I yield back the time.
Mr. REID. Time is yielded back by this side.
The PRESIDING OFFICER. All time is yielded back.
Mr. STEVENS. Have the yeas and nays been ordered?
The PRESIDING OFFICER. The yeas and nays have not been ordered.
Mr. STEVENS. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. All time having been yielded back, the
question is, Shall the bill, H.R. 4057, as amended, pass? The yeas and
nays have been ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Missouri (Mr. Ashcroft)
and the Senator from Idaho (Mr. Kempthorne) are necessarily absent.
Mr. FORD. I announce that the Senator from California (Mrs. Boxer),
the Senator from Ohio (Mr. Glenn), the Senator from South Carolina (Mr.
Hollings), the Senator from Illinois (Ms. Moseley-Braun), and the
Senator from Minnesota (Mr. Wellstone) are necessarily absent.
I further announce that, if present and voting, the Senator from
Minnesota (Mr. Wellstone) would vote ``aye.''
The result was announced--yeas 92, nays 1, as follows:
[Rollcall Vote No. 288 Leg.]
YEAS--92
Abraham
Akaka
Allard
Baucus
Bennett
Biden
Bingaman
Bond
Breaux
Brownback
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Cleland
Coats
Cochran
Collins
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Durbin
Enzi
Faircloth
Feingold
Feinstein
Ford
Frist
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerrey
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moynihan
[[Page S10949]]
Murkowski
Murray
Nickles
Reed
Reid
Roberts
Rockefeller
Roth
Santorum
Sarbanes
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
Wyden
NAYS--1
Robb
NOT VOTING--7
Ashcroft
Boxer
Glenn
Hollings
Kempthorne
Moseley-Braun
Wellstone
The bill (H.R. 4057), as amended, was passed, as follows:
Resolved, That the bill from the House of Representatives
(H.R. 4057) entitled ``An Act to amend title 49, United
States Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes.'', do pass with the
following amendment:
Strike out all after the enacting clause and insert:
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 programs
Sec. 107. Automated surface observation system stations.
TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS
Sec. 201. Removal of the cap on discretionary fund.
Sec. 202. Innovative use of airport grant funds.
Sec. 203. Matching share.
Sec. 204. Increase in apportionment for noise compatibility planning
and programs.
Sec. 205. Technical amendments.
Sec. 206. 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.
Sec. 212. Airfield pavement conditions.
Sec. 213. Discretionary grants.
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.
Sec. 309. Criminal penalty for pilots operating in air transportation
without an airman's certificate.
Sec. 310. Nondiscriminatory interline interconnection requirements.
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.
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; precision approach path indicators.
Sec. 504. Airplane emergency locators.
Sec. 505. Counterfeit aircraft parts.
Sec. 506. FAA may fine unruly passengers.
Sec. 507. Higher 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.
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.
Sec. 520. Improvements to air navigation facilities.
Sec. 521. Denial of airport access to certain air carriers.
Sec. 522. Tourism.
Sec. 523. Equivalency of FAA and EU safety standards.
Sec. 524. Sense of the Senate on property taxes on public-use airports.
Sec. 525. Federal Aviation Administration Personnel Management System.
Sec. 526. Aircraft and aviation component repair and maintenance
advisory panel.
Sec. 527. Report on enhanced domestic airline competition.
Sec. 528. Aircraft situational display data.
Sec. 529. To express the sense of the Senate concerning a bilateral
agreement between the United States and the United
Kingdom regarding Charlotte-London route.
Sec. 530. To express the sense of the Senate concerning a bilateral
agreement between the United States and the United
Kingdom regarding Cleveland-London route.
Sec. 531. Allocation of Trust Fund funding.
Sec. 532. Taos Pueblo and Blue Lakes Wilderness Area demonstration
project.
Sec. 533. Airline marketing disclosure.
Sec. 534. Certain air traffice control towers.
Sec. 535. Compensation under the Death on the High Seas Act.
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. Exemptions to perimeter rule at Ronald Reagan Washington
National Airport.
Sec. 608. Additional slot exemptions at Chicago O'Hare International
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 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.
Sec. 705. Prohibition of commercial air tours over the Rocky Mountain
National Park.
TITLE VIII--CENTENNIAL OF FLIGHT COMMEMORATION
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Establishment.
Sec. 804. Membership.
Sec. 805. Duties.
Sec. 806. Powers.
Sec. 807. Staff and support services.
Sec. 808. Contributions.
Sec. 809. Exclusive right to name, logos, emblems, seals, and marks.
Sec. 810. Reports.
Sec. 811. Audit of financial transactions.
Sec. 812. Advisory board.
Sec. 813. Definitions.
Sec. 814. Termination.
Sec. 815. Authorization of appropriations.
TITLE IX--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 901. Extension of expenditure authority.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
TITLE I--AUTHORIZATIONS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
(a) In General.--Section 106(k) is amended to read as
follows:
``(k) Authorization of Appropriations for Operations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Transportation for operations of the
Administration $5,631,000,000 for fiscal year 1999 and
$5,784,000,000 for fiscal year 2000. Of the amounts
authorized to be appropriated for fiscal year 1999, not more
than $9,100,000 shall be used to support air safety efforts
through payment of United States membership obligations, to
be paid as soon as practicable.
``(2) Authorized expenditures.--Of the amounts appropriated
under paragraph (1) $450,000 may be used for wildlife hazard
mitigation measures and management of the wildlife strike
database of the Federal Aviation Administration.
``(3) University consortium.--There are authorized to be
appropriated not more than $9,100,000 for the 3 fiscal year
period beginning with fiscal year 1999 to support a
university consortium established to provide an air safety
and security management certificate program, working
cooperatively with the Federal Aviation Administration and
United States air carriers. Funds authorized under this
paragraph--
``(A) may not be used for the construction of a building or
other facility; and
``(B) shall be awarded on the basis of open competition.''.
(b) Coordination.--The authority granted the Secretary
under section 41717 of title 49, United States Code, does not
affect the Secretary's authority under any other provision of
law.
[[Page S10950]]
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) In General.--Section 48101(a) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) for fiscal year 1999--
``(A) $222,800,000 for engineering, development, test, and
evaluation: en route programs;
``(B) $74,700,000 for engineering, development, test, and
evaluation: terminal programs;
``(C) $108,000,000 for engineering, development, test, and
evaluation: landing and navigational aids;
``(D) $17,790,000 for engineering, development, test, and
evaluation: research, test, and evaluation equipment and
facilities programs;
``(E) $391,358,300 for air traffic control facilities and
equipment: en route programs;
``(F) $492,315,500 for air traffic control facilities and
equipment: terminal programs;
``(G) $38,764,400 for air traffic control facilities and
equipment: flight services programs;
``(H) $50,500,000 for air traffic control facilities and
equipment: other ATC facilities programs;
``(I) $162,400,000 for non-ATC facilities and equipment
programs;
``(J) $14,500,000 for training and equipment facilities
programs;
``(K) $280,800,000 for mission support programs;
``(L) $235,210,000 for personnel and related expenses; and
``(2) $2,189,000,000 for fiscal year 2000.''.
(b) Continuation of ILS Inventory Program.--Section
44502(a)(4)(B) is amended--
(1) by striking ``fiscal years 1995 and 1996'' and
inserting ``fiscal years 1999 and 2000''; and
(2) by striking ``acquisition,'' and inserting
``acquisition under new or existing contracts,''.
(c) Life-Cycle Cost Estimates.--The Administrator of the
Federal Aviation Administration shall establish life-cycle
cost estimates for any air traffic control modernization
project the total life-cycle costs of which equal or exceed
$50,000,000.
SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) Extension and Authorization.--Section 48103 is amended
by--
(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 and $4,885,000,000 for fiscal years ending before
October 1, 2000.''.
(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 at the end thereof the
following new section:
``Sec. 47136. Airport security program
``(a) General Authority.--To improve security at public
airports in the United States, the Secretary of
Transportation shall carry out not less than 1 project to
test and evaluate innovative airport security systems and
related technology.
``(b) Priority.--In carrying out this section, the
Secretary shall give the highest priority to a request from
an eligible sponsor for a grant to undertake a project that--
``(1) evaluates and tests the benefits of innovative
airport security systems or related technology, including
explosives detection systems, for the purpose of improving
airport and aircraft physical security and access control;
and
``(2) provides testing and evaluation of airport security
systems and technology in an operational, 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 chapter analysis for such
chapter (as amended by section 202(b) of this Act) is amended
by inserting after the item relating to section 47135 the
following:
``47136. Airport security program.''.
SEC. 106. 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.
SEC. 107. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.
The Administrator of the Federal Aviation Administration
shall not terminate human weather observers for Automated
Surface Observation System stations until--
(1) the Secretary of Transportation determines that the
System provides consistent reporting of changing
meteorological conditions and notifies the Congress in
writing of that determination; and
(2) 60 days have passed since the report was submitted to
the Congress.
TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS
SEC. 201. REMOVAL OF THE CAP ON DISCRETIONARY FUND.
Section 47115(g) is amended by striking paragraph (4).
SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) Codification and Improvement of 1996 Program.--
Subchapter I of chapter 471 is amended by adding at the end
thereof the following:
``Sec. 47135. Innovative financing techniques
``(a) In General.--The Secretary of Transportation is
authorized to carry out a demonstration program under which
the Secretary may approve applications under this subchapter
for not more than 20 projects for which grants received under
the subchapter may be used to implement innovative financing
techniques.
``(b) Purpose.--The purpose of the demonstration program
shall be to provide information on the use of innovative
financing techniques for airport development projects.
``(c) Limitation--In no case shall the implementation of an
innovative financing technique under this section be used in
a manner giving rise to a direct or indirect guarantee of any
airport debt instrument by the United States Government.
``(d) Innovative Financing Technique Defined.--In this
section, the term `innovative financing technique' includes
methods of financing projects that the Secretary determines
may be beneficial to airport development, including--
``(1) payment of interest;
``(2) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible
airport development; and
``(3) flexible non-Federal matching requirements.''.
(b) Conforming Amendment.--The chapter analysis for chapter
471 is amended by inserting after the item relating to
section 47134 the following:
``47135. Innovative financing techniques.''.
SEC. 203. MATCHING SHARE.
Section 47109(a)(2) is amended by inserting ``not more
than'' before ``90 percent''.
SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
Section 47117(e)(1)(A) is amended by striking ``31'' each
time it appears and 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 nonprimary airport at a time when a
development project under a multiyear agreement under
subsection (a) is not yet completed, the project shall remain
eligible for funding from discretionary funds under section
47115 of this title at the funding level and under the terms
provided by the agreement, subject to the availability of
funds.''.
[[Page S10951]]
(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 chapter 471 is amended by
striking the item relating to section 47152 and inserting the
following:
``47152. Terms of conveyances.''.
(4) Section 47153(a) is amended--
(A) by striking ``gift'' in paragraph (1) and inserting
``conveyance'';
(B) by striking ``given'' in paragraph (1)(A) and inserting
``conveyed''; and
(C) by striking ``gift'' in paragraph (1)(B) and inserting
``conveyance''.
(k) 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 nonprimary airports
with runways of 5,000 feet or shorter serving aircraft that
do not exceed 60,000 pounds gross weight, if the Secretary
determines that--
``(A) safety will not be negatively affected; and
``(B) the life of the pavement will not be shorter than it
would be if constructed using Administration standards.
An airport may not seek funds under this subchapter for
runway rehabilitation or reconstruction of any such airfield
pavement constructed using State highway specifications for a
period of 10 years after construction is completed.''.
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.
(a) In General.--Notwithstanding any other provision of law
to the contrary, the Secretary of Transportation may not
waive any assurance required under section 47107 of title 49,
United States Code, that requires property to be used for
aeronautical purposes unless the Secretary provides notice to
the public not less than 30 days before issuing any such
waiver. Nothing in this section shall be construed to
authorize the Secretary to issue a waiver of any assurance
required under that section.
(b) Effective Date.--This section applies to any request
filed on or after the date of enactment of this Act.
SEC. 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) and
aircraft fueling facilities adjacent to an airport terminal
building to be an eligible airport-related project under
subsection (a)(3)(E).''.
SEC. 212. AIRFIELD PAVEMENT CONDITIONS.
(a) Evaluation of Options.--The Administrator of the
Federal Aviation Administration shall evaluate options for
improving the quality of information available to the
Administration on airfield pavement conditions for airports
that are part of the national air transportation system,
including--
(1) improving the existing runway condition information
contained in the Airport Safety Data Program by reviewing and
revising rating criteria and providing increased training for
inspectors;
(2) requiring such airports to submit pavement condition
index information as part of their airport master plan or as
support in applications for airport improvement grants; and
(3) requiring all such airports to submit pavement
condition index information on a regular basis and using this
information to create a pavement condition database that
could be used in evaluating the cost-effectiveness of project
applications and forecasting anticipated pavement needs.
(b) Report to Congress.--The Administrator shall transmit a
report, containing an evaluation of such options, to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure not later than 12 months after the date of
enactment of this Act.
SEC. 213. DISCRETIONARY GRANTS.
Notwithstanding any limitation on the amount of funds that
may be expended for grants for noise abatement, if any funds
made available under section 48103 of title 49, United States
Code, remain available at the end of the fiscal year for
which those funds were made available, and are not allocated
under section 47115 of that title, or under any other
provision relating to the awarding of discretionary grants
from unobligated funds made available under section 48103 of
that title, the Secretary of Transportation may use those
funds to make discretionary grants for noise abatement
activities.
TITLE III--AMENDMENTS TO AVIATION LAW
SEC. 301. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING
FISCAL YEARS.
(a) Chapter 401 is amended by adding at the end thereof the
following:
``Sec. 40125. Severable services contracts for periods
crossing fiscal years
``(a) In General.--The Administrator of the Federal
Aviation Administration may enter into a contract for
procurement of severable services for a period that begins in
one fiscal year and ends in the next fiscal year if (without
regard to any option to extend the period of the contract)
the contract period does not exceed one year.
``(b) Obligation of Funds.--Funds made available for a
fiscal year may be obligated for the total amount of a
contract entered into under the authority of subsection (a)
of this section.''.
(b) Conforming Amendment.--The chapter analysis for chapter
401 is amended by adding at the end thereof the following:
``40125. Severable services contracts for periods crossing fiscal
years.''.
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''
[[Page S10952]]
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.
Section 45301 is amended by striking ``government.'' in
subsection (a)(2) and inserting ``government or to any entity
obtaining services outside the United States.''.
SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD
CHECKS; TECHNICAL AMENDMENTS TO PILOT RECORDS
IMPROVEMENT ACT.
Section 44936 is amended--
(1) by striking ``subparagraph (C))'' in subsection
(a)(1)(B) and inserting ``subparagraph (C), or in the case of
passenger, baggage, or property screening at airports, the
Administrator decides it is necessary to ensure air
transportation security)'';
(2) by striking ``individual'' in subsection (f)(1)(B)(ii)
and inserting ``individual's performance as a pilot''; and
(3) by inserting ``or from a foreign government or entity
that employed the individual,'' in subsection (f)(14)(B)
after ``exists,''.
SEC. 307. 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''.
SEC. 309. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR
TRANSPORTATION WITHOUT AN AIRMAN'S CERTIFICATE.
(a) In General.--Chapter 463 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 46317. Criminal penalty for pilots operating in air
transportation without an airman's certificate
``(a) Application.--This section applies only to aircraft
used to provide air transportation.
``(b) General Criminal Penalty.--An individual shall be
fined under title 18, imprisoned for not more than 3 years,
or both, if that individual--
``(1) knowingly and willfully serves or attempts to serve
in any capacity as an airman without an airman's certificate
authorizing the individual to serve in that capacity; or
``(2) knowingly and willfully employs for service or uses
in any capacity as an airman an individual who does not have
an airman's certificate authorizing the individual to serve
in that capacity.
``(c) Controlled Substance Criminal Penalty.--(1) In this
subsection, the term `controlled substance' has the same
meaning given that term in section 102 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
802).
``(2) An individual violating subsection (b) shall be fined
under title 18, imprisoned for not more than 5 years, or
both, if the violation is related to transporting a
controlled substance by aircraft or aiding or facilitating a
controlled substance violation and that transporting, aiding,
or facilitating--
``(A) is punishable by death or imprisonment of more than 1
year under a Federal or State law; or
``(B) is related to an act punishable by death or
imprisonment for more than 1 year under a Federal or State
law related to a controlled substance (except a law related
to simple possession (as that term is used in section
46306(c)) of a controlled substance).
``(3) A term of imprisonment imposed under paragraph (2)
shall be served in addition to, and not concurrently with,
any other term of imprisonment imposed on the individual
subject to the imprisonment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 463 of title 49, United States Code, is
amended by adding at the end the following:
``46317. Criminal penalty for pilots operating in air transportation
without an airman's certificate.''.
SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNECTION
REQUIREMENTS.
(a) In General.--Subchapter I of chapter 417 of title 49,
United States Code, is amended by adding at the end thereof
the following:
``Sec. 41716. Interline agreements for domestic
transportation
``(a) Nondiscriminatory Requirements.--If a major air
carrier that provides air service to an essential airport
facility has any agreement involving ticketing, baggage and
ground handling, and terminal and gate access with another
carrier, it shall provide the same services to any requesting
air carrier that offers service to a community selected for
participation in the program under section 41743 under
similar terms and conditions and on a nondiscriminatory basis
within 30 days after receiving the request, as long as the
requesting air carrier meets such safety, service, financial,
and maintenance requirements, if any, as the Secretary may by
regulation establish consistent with public convenience and
necessity. The Secretary must review any proposed agreement
to determine if the requesting carrier meets operational
requirements consistent with the rules, procedures, and
policies of the major carrier. This agreement may be
terminated by either party in the event of failure to meet
the standards and conditions outlined in the agreement.''.
``(b) Definitions.--In this section the term `essential
airport facility' means a large hub airport (as defined in
section 41731(a)(3)) in the contiguous 48 States in which one
carrier has more than 50 percent of such airport's total
annual enplanements.''.
(b) Clerical amendment.--The chapter analysis for chapter
417 of title 49, United States Code, is amended by inserting
after the item relating to section 41715 the following:
``41716. Interline agreements for domestic transportation.''.
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.
[[Page S10953]]
SEC. 402. RESTATEMENT OF 49 U.S.C. 44909.
Section 44909(a)(2) is amended by striking ``shall'' and
inserting ``should''.
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 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; PRECISION APPROACH PATH
INDICATORS.
Within 6 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall solicit comments on the need for--
(1) the improvement of runway safety areas; and
(2) the installation of precision approach path indicators.
SEC. 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) scheduled flights by scheduled air carriers holding
certificates issued by the Secretary of Transportation under
subpart II of this part;
``(2) training operations conducted entirely within a 50-
mile radius of the airport from which the training operations
begin;
``(3) flight operations related to the design and testing,
manufacture, preparation, and delivery of aircraft;
``(4) showing compliance with regulations, exhibition, or
air racing; or
``(5) the aerial application of a substance for an
agricultural purpose.''.
(b) Compliance.--Section 44712 is amended by redesignating
subsection (c) as subsection (d), and by inserting after
subsection (b) the following:
``(c) Compliance.--An aircraft is deemed to meet the
requirement of subsection (a) if it is equipped with an
emergency locator transmitter that transmits on the 121.5/243
megahertz frequency or the 406 megahertz frequency, or with
other equipment approved by the Secretary for meeting the
requirement of subsection (a).''.
(c) Effective Date; Regulations.--
(1) Regulations.--The Secretary of Transportation shall
promulgate regulations under section 44712(b) of title 49,
United States Code, as amended by this section not later than
January 1, 2002.
(2) Effective date.--The amendments made by this section
shall take effect on January 1, 2002.
SEC. 505. COUNTERFEIT AIRCRAFT PARTS.
(a) Denial; Revocation; Amendment of Certificate.--
(1) In general.--Chapter 447 is amended by adding at the
end thereof the following:
``Sec. 44725. Denial and revocation of certificate for
counterfeit parts violations
``(a) Denial of Certificate.--
``(1) In general.--Except as provided in paragraph (2) of
this subsection and subsection (e)(2) of this section, the
Administrator may not issue a certificate under this chapter
to any person--
``(A) convicted of a violation of a law of the United
States or of a State relating to the installation,
production, repair, or sale of a counterfeit or falsely-
represented aviation part or material; or
``(B) subject to a controlling or ownership interest of an
individual convicted of such a violation.
``(2) Exception.--Notwithstanding paragraph (1), the
Administrator may issue a certificate under this chapter to a
person described in paragraph (1) if issuance of the
certificate will facilitate law enforcement efforts.
``(b) Revocation of Certificate.--
``(1) In general.--Except as provided in subsections (f)
and (g) of this section, the Administrator shall issue an
order revoking a certificate issued under this chapter if the
Administrator finds that the holder of the certificate, or an
individual who has a controlling or ownership interest in the
holder--
``(A) was convicted of a violation of a law of the United
States or of a State relating to the installation,
production, repair, or sale of a counterfeit or falsely-
represented aviation part or material; or
``(B) knowingly carried out or facilitated an activity
punishable under such a law.
``(2) No authority to review violation.--In carrying out
paragraph (1) of this subsection, the Administrator may not
review whether a person violated such a law.
``(c) Notice Requirement.--Before the Administrator revokes
a certificate under subsection (b), the Administrator shall--
``(1) advise the holder of the certificate of the reason
for the revocation; and
``(2) provide the holder of the certificate an opportunity
to be heard on why the certificate should not be revoked.
``(d) Appeal.--The provisions of section 44710(d) apply to
the appeal of a revocation order under subsection (b). For
the purpose of applying that section to such an appeal,
`person' shall be substituted for `individual' each place it
appears.
``(e) Aquittal or Reversal.--
``(1) In general.--The Administrator may not revoke, and
the Board may not affirm a revocation of, a certificate under
subsection (b)(1)(B) of this section if the holder of the
certificate, or the individual, is acquitted of all charges
related to the violation.
``(2) Reissuance.--The Administrator may reissue a
certificate revoked under subsection (b) of this section to
the former holder if--
``(A) the former holder otherwise satisfies the
requirements of this chapter for the certificate;
``(B) the former holder, or individual, is acquitted of all
charges related to the violation on which the revocation was
based; or
``(C) the conviction of the former holder, or individual,
of the violation on which the revocation was based is
reversed.
``(f) Waiver.--The Administrator may waive revocation of a
certificate under subsection (b) of this section if--
``(1) a law enforcement official of the United States
Government, or of a State (with respect to violations of
State law), requests a waiver; or
``(2) the waiver will facilitate law enforcement efforts.
``(g) Amendment of Certificate.--If the holder of a
certificate issued under this chapter is other than an
individual and the Administrator finds that--
``(1) an individual who had a controlling or ownership
interest in the holder committed a violation of a law for the
violation of which a certificate may be revoked under this
section, or knowingly carried out or facilitated an activity
punishable under such a law; and
``(2) the holder satisfies the requirements for the
certificate without regard to that individual,
then the Administrator may amend the certificate to impose a
limitation that the certificate will not be valid if that
individual has a controlling or ownership interest in the
holder. A decision by the Administrator under this subsection
is not reviewable by the Board.''.
(2) Conforming amendment.--The chapter analysis for chapter
447 is amended by adding at the end thereof the following:
``44725. Denial and revocation of certificate for counterfeit parts
violations''.
(b) Prohibition on Employment.--Section 44711 is amended by
adding at the end thereof the following:
``(c) Prohibition on Employment of Convicted Counterfeit
Part Dealers.--No person subject to this chapter may employ
anyone to perform a function related to the procurement,
sale, production, or repair of a part or material, or the
installation of a part into a civil aircraft, who has been
convicted of a violation of any Federal or State law relating
to the installation, production, repair, or sale of a
counterfeit or falsely-represented aviation part or
material.''.
SEC. 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 STANDARDS FOR HANDICAPPED ACCESS.
(a) Establishment of Higher International Standards.--The
Secretary of Transportation shall work with appropriate
international organizations and the aviation authorities of
other nations to bring about their establishment of higher
standards for accommodating handicapped passengers in air
transportation, particularly with respect to foreign air
carriers that code-share with domestic air carriers.
(b) Increased Civil Penalties.--Section 46301(a) is amended
by--
(1) inserting ``41705,'' after ``41704,'' in paragraph
(1)(A); and
(2) adding at the end thereof the following:
``(7) Unless an air carrier that violates section 41705
with respect to an individual provides that individual a
credit or voucher for the purchase of a ticket on that air
carrier or any affiliated air carrier in an amount
(determined by the Secretary) of--
``(A) not less than $500 and not more than $2,500 for the
first violation; or
[[Page S10954]]
``(B) not less than $2,500 and not more than $5,000 for any
subsequent violation, then that air carrier is liable to the
United States Government for a civil penalty, determined by
the Secretary, of not more than 100 percent of the amount of
the credit or voucher so determined. For purposes of this
paragraph, each act of discrimination prohibited by section
41705 constitutes a separate violation of that section.''.
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.--
``(1) Request for conveyance.--Except as provided in
subsection (b) of this section, the Secretary of
Transportation--
``(A) shall request the head of the department, agency, or
instrumentality of the United States Government owning or
controlling land or airspace to convey a property interest in
the land or airspace to the public agency sponsoring the
project or owning or controlling the airport when necessary
to carry out a project under this subchapter at a public
airport, to operate a public airport, or for the future
development of an airport under the national plan of
integrated airport systems; and
``(B) may request the head of such a department, agency, or
instrumentality to convey a property interest in the land or
airspace to such a public agency for a use that will
complement, facilitate, or augment airport development,
including the development of additional revenue from both
aviation and nonaviation sources.
``(2) Response to request for certain conveyances.--Within
4 months after receiving a request from the Secretary under
paragraph (1), the head of the department, agency, or
instrumentality shall--
``(A) decide whether the requested conveyance is consistent
with the needs of the department, agency, or instrumentality;
``(B) notify the Secretary of the decision; and
``(C) make the requested conveyance if--
``(i) the requested conveyance is consistent with the needs
of the department, agency, or instrumentality;
``(ii) the Attorney General approves the conveyance; and
``(iii) the conveyance can be made without cost to the
United States Government.
``(3) Reversion.--Except as provided in subsection (b), a
conveyance under this subsection may only be made on the
condition that the property interest conveyed reverts to the
Government, at the option of the Secretary, to the extent it
is not developed for an airport purpose or used consistently
with the conveyance.''.
(b) Release of Certain Conditions.--Section 47125 is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting the following after subsection (a):
``(b) Release of Certain Conditions.--The Secretary may
grant a release from any term, condition, reservation, or
restriction contained in any conveyance executed under this
section, section 16 of the Federal Airport Act, section 23 of
the Airport and Airway Development Act of 1970, or section
516 of the Airport and Airway Improvement Act of 1982, to
facilitate the development of additional revenue from
aeronautical and nonaeronautical sources if the Secretary--
``(1) determines that the property is no longer needed for
aeronautical purposes;
``(2) determines that the property will be used solely to
generate revenue for the public airport;
``(3) provides preliminary notice to the head of the
department, agency, or instrumentality that conveyed the
property interest at least 30 days before executing the
release;
``(4) provides notice to the public of the requested
release;
``(5) includes in the release a written justification for
the release of the property; and
``(6) determines that release of the property will advance
civil aviation in the United States.''.
(c) Effective Date.--Section 47125(b) of title 49, United
States Code, as added by subsection (b) of this section,
applies to property interests conveyed before, on, or after
the date of enactment of this Act.
(d) Iditarod Area School District.--Notwithstanding any
other provision of law (including section 47125 of title 49,
United States Code, as amended by this section), the
Administrator of the Federal Aviation Administration, or the
Administrator of the General Services Administration, may
convey to the Iditarod Area School District without
reimbursement all right, title, and interest in 12 acres of
property at Lake Minchumina, Alaska, identified by the
Administrator of the Federal Aviation Administration,
including the structures known as housing units 100 through
105 and as utility building 301.
SEC. 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 section.
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
``(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. Human factors 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.
[[Page S10955]]
(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 on the air operations area, that is substantially
similar in nature to one previously constructed pursuant to
the completed environmental assessment or environmental
impact study in order to avoid unnecessary duplication of
expense and effort, and any such authorized use shall meet
all requirements of Federal law for the completion of such an
assessment or study.
SEC. 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 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
[[Page S10956]]
subcontractor alleged to have committed the violation.
``(B) Remedy.--If, in response to a complaint filed under
paragraph (1), the Secretary of Labor determines that a
violation of subsection (a) has occurred, the Secretary of
Labor shall order the air carrier, contractor, or
subcontractor that the Secretary of Labor determines to have
committed the violation to--
``(i) take action to abate the violation;
``(ii) reinstate the complainant to the former position of
the complainant and ensure the payment of compensation
(including back pay) and the restoration of terms,
conditions, and privileges associated with the employment;
and
``(iii) provide compensatory damages to the complainant.
``(C) Costs of complaint.--If the Secretary of Labor issues
a final order that provides for relief in accordance with
this paragraph, the Secretary of Labor, at the request of the
complainant, shall assess against the air carrier,
contractor, or subcontractor named in the order an amount
equal to the aggregate amount of all costs and expenses
(including attorney and expert witness fees) reasonably
incurred by the complainant (as determined by the Secretary
of Labor) for, or in connection with, the bringing of the
complaint that resulted in the issuance of the order.
``(4) 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,''.
SEC. 520. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.
Section 44502(a) is amended by adding at the end thereof
the following:
``(5) The Administrator may improve real property leased
for air navigation facilities without regard to the costs of
the improvements in relation to the cost of the lease if--
``(A) the improvements primarily benefit the government;
``(B) are essential for mission accomplishment; and
``(C) the government's interest in the improvements is
protected.''.
SEC. 521. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.
Section 47107 is amended by adding at the end thereof the
following:
``(q) Denial of Access.--
``(1) Effect of denial.--If an owner or operator of an
airport described in paragraph (2) denies access to an air
carrier described in paragraph (3), that denial shall not be
considered to be unreasonable or unjust discrimination or a
violation of this section.
``(2) Airports to which subsection applies.--An airport is
described in this paragraph if it--
``(A) is designated as a reliever airport by the
Administrator of the Federal Aviation Administration;
``(B) does not have an operating certificate issued under
part 139 of title 14, Code of Federal Regulations (or any
subsequent similar regulations); and
``(C) is located within a 35-mile radius of an airport that
has--
``(i) at least 0.05 percent of the total annual boardings
in the United States; and
``(ii) current gate capacity to handle the demands of a
public charter operation.
``(3) Air carriers described.--An air carrier is described
in this paragraph if it conducts operations as a public
charter under part 380 of title 14, Code of Federal
Regulations (or any subsequent similar regulations) with
aircraft that is designed to carry more than 9 passengers per
flight.
``(4) Definitions.--In this subsection:
``(A) Air carrier; air transportation; aircraft; airport.--
The terms `air carrier', `air transportation', `aircraft',
and `airport' have the meanings given those terms in section
40102 of this title.
``(B) Public charter.--The term `public charter' means
charter air transportation for which the general public is
provided in advance a schedule containing the departure
location, departure time, and arrival location of the
flights.''.
SEC. 522. TOURISM.
(a) Findings.--Congress finds that--
(1) through an effective public-private partnership,
Federal, State, and local governments and the travel and
tourism industry can successfully market the United States as
the premiere international tourist destination in the world;
(2) in 1997, the travel and tourism industry made a
substantial contribution to the health of the Nation's
economy, as follows:
(A) The industry is one of the Nation's largest employers,
directly employing 7,000,000 Americans, throughout every
region of the country, heavily concentrated among small
businesses, and indirectly employing an additional 9,200,000
Americans, for a total of 16,200,000 jobs.
(B) The industry ranks as the first, second, or third
largest employer in 32 States and the District of Columbia,
generating a total tourism-related annual payroll of
$127,900,000,000.
(C) The industry has become the Nation's third-largest
retail sales industry, generating a total of $489,000,000,000
in total expenditures.
(D) The industry generated $71,700,000,000 in tax revenues
for Federal, State, and local governments;
(3) the more than $98,000,000,000 spent by foreign visitors
in the United States in 1997 generated a trade services
surplus of more than $26,000,000,000;
(4) the private sector, States, and cities currently spend
more than $1,000,000,000 annually to promote particular
destinations within the United States to international
visitors;
(5) because other nations are spending hundreds of millions
of dollars annually to promote the visits of international
tourists to their countries, the United States will miss a
major marketing opportunity if it fails to aggressively
compete for an increased share of international tourism
expenditures as they continue to increase over the next
decade;
(6) a well-funded, well-coordinated international marketing
effort--combined with additional public and private sector
efforts--would help small and large businesses, as well as
State and local governments, share in the anticipated
phenomenal growth of the international travel and tourism
market in the 21st century;
(7) by making permanent the successful visa waiver pilot
program, Congress can facilitate the increased flow of
international visitors to the United States;
(8) Congress can increase the opportunities for attracting
international visitors and enhancing their stay in the United
States by--
(A) improving international signage at airports, seaports,
land border crossings, highways, and bus, train, and other
public transit stations in the United States;
(B) increasing the availability of multilingual tourist
information; and
(C) creating a toll-free, private-sector operated,
telephone number, staffed by multilingual operators, to
provide assistance to international tourists coping with an
emergency;
(9) by establishing a satellite system of accounting for
travel and tourism, the Secretary of Commerce could provide
Congress and the President with objective, thorough data that
would help policymakers more accurately gauge the size and
scope of the domestic travel and tourism industry and its
significant impact on the health of the Nation's economy; and
(10) having established the United States National Tourism
Organization under the United States National Tourism
Organization Act of 1996 (22 U.S.C. 2141 et seq.) to increase
the United States share of the international tourism market
by developing a national travel and tourism strategy,
Congress should support a long-term marketing effort and
other important regulatory reform initiatives to promote
increased travel to the United States for the benefit of
every sector of the economy.
(b) Purposes.--The purposes of this section are to provide
international visitor initiatives and an international
marketing program to enable the United States travel and
tourism industry and every level of government to benefit
from a successful effort to make the United States the
premiere travel destination in the world.
(c) International Visitor Assistance Task Force.--
[[Page S10957]]
(1) Establishment.--Not later than 9 months after the date
of enactment of this Act, the Secretary of Commerce shall
establish an Intergovernmental Task Force for International
Visitor Assistance (hereafter in this subsection referred to
as the ``Task Force'').
(2) Duties.--The Task Force shall examine--
(A) signage at facilities in the United States, including
airports, seaports, land border crossings, highways, and bus,
train, and other public transit stations, and shall identify
existing inadequacies and suggest solutions for such
inadequacies, such as the adoption of uniform standards on
international signage for use throughout the United States in
order to facilitate international visitors' travel in the
United States;
(B) the availability of multilingual travel and tourism
information and means of disseminating, at no or minimal cost
to the Government, of such information; and
(C) facilitating the establishment of a toll-free, private-
sector operated, telephone number, staffed by multilingual
operators, to provide assistance to international tourists
coping with an emergency.
(3) Membership.--The Task Force shall be composed of the
following members:
(A) The Secretary of Commerce.
(B) The Secretary of State.
(C) The Secretary of Transportation.
(D) The Chair of the Board of Directors of the United
States National Tourism Organization.
(E) Such other representatives of other Federal agencies
and private-sector entities as may be determined to be
appropriate to the mission of the Task Force by the Chairman.
(4) Chairman.--The Secretary of Commerce shall be Chairman
of the Task Force. The Task Force shall meet at least twice
each year. Each member of the Task Force shall furnish
necessary assistance to the Task Force.
(5) Report.--Not later than 18 months after the date of the
enactment of this Act, the Chairman of the Task Force shall
submit to the President and to Congress a report on the
results of the review, including proposed amendments to
existing laws or regulations as may be appropriate to
implement such recommendations.
(d) Travel and Tourism Industry Satellite System of
Accounting.--
(1) In general.--The Secretary of Commerce shall complete,
as soon as may be practicable, a satellite system of
accounting for the travel and tourism industry.
(2) Funding.--To the extent any costs or expenditures are
incurred under this subsection, they shall be covered to the
extent funds are available to the Department of Commerce for
such purpose.
(e) Authorization of Appropriations.--
(1) Authorization.--Subject to paragraph (2), there are
authorized to be appropriated such sums as may be necessary
for the purpose of funding international promotional
activities by the United States National Tourism Organization
to help brand, position, and promote the United States as the
premiere travel and tourism destination in the world.
(2) Restrictions on use of funds.--None of the funds
appropriated under paragraph (1) may be used for purposes
other than marketing, research, outreach, or any other
activity designed to promote the United States as the
premiere travel and tourism destination in the world, except
that the general and administrative expenses of operating the
United States National Tourism Organization shall be borne by
the private sector through such means as the Board of
Directors of the Organization shall determine.
(3) Report to congress.--Not later than March 30 of each
year in which funds are made available under subsection (a),
the Secretary shall submit to the Committee on Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a detailed report
setting forth--
(A) the manner in which appropriated funds were expended;
(B) changes in the United States market share of
international tourism in general and as measured against
specific countries and regions;
(C) an analysis of the impact of international tourism on
the United States economy, including, as specifically as
practicable, an analysis of the impact of expenditures made
pursuant to this section;
(D) an analysis of the impact of international tourism on
the United States trade balance and, as specifically as
practicable, an analysis of the impact on the trade balance
of expenditures made pursuant to this section; and
(E) an analysis of other relevant economic impacts as a
result of expenditures made pursuant to this section.
SEC. 523. EQUIVALENCY OF FAA AND EU SAFETY STANDARDS.
The Administrator of the Federal Aviation Administration
shall determine whether the Administration's safety
regulations are equivalent to the safety standards set forth
in European Union Directive 89/336EEC. If the Administrator
determines that the standards are equivalent, the
Administrator shall work with the Secretary of Commerce to
gain acceptance of that determination pursuant to the Mutual
Recognition Agreement between the United States and the
European Union of May 18, 1998, in order to ensure that
aviation products approved by the Administration are
acceptable under that Directive.
SEC. 524. SENSE OF THE SENATE ON PROPERTY TAXES ON PUBLIC-USE
AIRPORTS.
It is the sense of the Senate that--
(1) property taxes on public-use airports should be
assessed fairly and equitably, regardless of the location of
the owner of the airport; and
(2) the property tax recently assessed on the City of The
Dalles, Oregon, as the owner and operator of the Columbia
Gorge Regional/The Dalles Municipal Airport, located in the
State of Washington, should be repealed.
SEC. 525. FEDERAL AVIATION ADMINISTRATION PERSONNEL
MANAGEMENT SYSTEM.
(a) Applicability of Merit Systems Protection Board
Provisions.--Section 347(b) of the Department of
Transportation and Related Agencies Appropriations Act, 1996
(109 Stat. 460) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting a semicolon and ``and''; and
(3) by adding at the end thereof the following:
``(8) sections 1204, 1211-1218, 1221, and 7701-7703,
relating to the Merit Systems Protection Board.''.
(b) Appeals to Merit Systems Protection Board.--Section
347(c) of the Department of Transportation and Related
Agencies Appropriations Act, 1996 is amended to read as
follows:
``(c) Appeals to Merit Systems Protection Board.--Under the
new personnel management system developed and implemented
under subsection (a), an employee of the Federal Aviation
Administration may submit an appeal to the Merit Systems
Protection Board and may seek judicial review of any
resulting final orders or decisions of the Board from any
action that was appealable to the Board under any law, rule,
or regulation as of March 31, 1996.''.
SEC 526. AIRCRAFT AND AVIATION COMPONENT REPAIR AND
MAINTENANCE ADVISORY PANEL.
(a) Establishment of Panel.--The Administrator of the
Federal Aviation Administration--
(1) shall establish an Aircraft Repair and Maintenance
Advisory Panel to review issues related to the use and
oversight of aircraft and aviation component repair and
maintenance facilities located within, or outside of, the
United States; and
(2) may seek the advice of the panel on any issue related
to methods to improve the safety of domestic or foreign
contract aircraft and aviation component repair facilities.
(b) Membership.--The panel shall consist of--
(1) 8 members, appointed by the Administrator as follows:
(A) 3 representatives of labor organizations representing
aviation mechanics;
(B) 1 representative of cargo air carriers;
(C) 1 representative of passenger air carriers;
(D) 1 representative of aircraft and aviation component
repair stations;
(E) 1 representative of aircraft manufacturers; and
(F) 1 representative of the aviation industry not described
in the preceding subparagraphs;
(2) 1 representative from the Department of Transportation,
designated by the Secretary of Transportation;
(3) 1 representative from the Department of State,
designated by the Secretary of State; and
(4) 1 representative from the Federal Aviation
Administration, designated by the Administrator.
(c) Responsibilities.--The panel shall--
(1) determine how much aircraft and aviation component
repair work and what type of aircraft and aviation component
repair work is being performed by aircraft and aviation
component repair stations located within, and outside of, the
United States to better understand and analyze methods to
improve the safety and oversight of such facilities; and
(2) provide advice and counsel to the Administrator with
respect to aircraft and aviation component repair work
performed by those stations, staffing needs, and any safety
issues associated with that work.
(d) FAA To Request Information From Foreign Aircraft Repair
Stations.--
(1) Collection of information.--The Administrator shall by
regulation request aircraft and aviation component repair
stations located outside the United States to submit such
information as the Administrator may require in order to
assess safety issues and enforcement actions with respect to
the work performed at those stations on aircraft used by
United States air carriers.
(2) Drug and alcohol testing information.--Included in the
information the Administrator requests under paragraph (1)
shall be information on the existence and administration of
employee drug and alcohol testing programs in place at such
stations, if applicable.
(3) Description of work done.--Included in the information
the Administrator requests under paragraph (1) shall be
information on the amount and type of aircraft and aviation
component repair work performed at those stations on aircraft
registered in the United States.
(e) FAA To Request Information About Domestic Aircraft
Repair Stations.--If the Administrator determines that
information on the volume of the use of domestic aircraft and
aviation component repair stations is needed in order to
better utilize Federal Aviation Administration resources, the
Administrator may--
(1) require United States air carriers to submit the
information described in subsection (d) with respect to their
use of contract and noncontract aircraft and aviation
component repair facilities located in the United States; and
(2) obtain information from such stations about work
performed for foreign air carriers.
(f) FAA To Make Information Available to Public.--The
Administrator shall make any information received under
subsection (d) or (e) available to the public.
(g) Termination.--The panel established under subsection
(a) shall terminate on the earlier of--
(1) the date that is 2 years after the date of enactment of
this Act; or
(2) December 31, 2000.
(h) Annual Report to Congress.--The Administrator shall
report annually to the Congress on the number and location of
air agency
[[Page S10958]]
certificates that were revoked, suspended, or not renewed
during the preceding year.
(i) Definitions.--Any term used in this section that is
defined in subtitle VII of title 49, United States Code, has
the meaning given that term in that subtitle.
SEC. 527. REPORT ON ENHANCED DOMESTIC AIRLINE COMPETITION.
(a) Findings.--The Congress makes the following findings:
(1) There has been a reduction in the level of competition
in the domestic airline business brought about by mergers,
consolidations, and proposed domestic alliances.
(2) Foreign citizens and foreign air carriers may be
willing to invest in existing or start-up airlines if they
are permitted to acquire a larger equity share of a United
States airline.
(b) Study.--The Secretary of Transportation, after
consulting the appropriate Federal agencies, shall study and
report to the Congress not later than December 31, 1998, on
the desirability and implications of--
(1) decreasing the foreign ownership provision in section
40102(a)(15) of title 49, United States Code, to 51 percent
from 75 percent; and
(2) changing the definition of air carrier in section
40102(a)(2) of such title by substituting ``a company whose
principal place of business is in the United States'' for ``a
citizen of the United States''.
SEC. 528. AIRCRAFT SITUATIONAL DISPLAY DATA.
(a) In General.--A memorandum of agreement between the
Administrator of the Federal Aviation Administration and any
person directly that obtains aircraft situational display
data from the Administration shall require that--
(1) the person demonstrate to the satisfaction of the
Administrator that such person is capable of selectively
blocking the display of any aircraft-situation-display-to-
industry derived data related to any identified aircraft
registration number; and
(2) the person agree to block selectively the aircraft
registration numbers of any aircraft owner or operator upon
the Administration's request.
(b) Existing Memoranda To Be Conformed.--The Administrator
shall conform any memoranda of agreement, in effect on the
date of enactment of this Act, between the Administration and
a person under which that person obtains such data to
incorporate the requirements of subsection (a) within 30 days
after that date.
SEC. 529. TO EXPRESS THE SENSE OF THE SENATE CONCERNING A
BILATERAL AGREEMENT BETWEEN THE UNITED STATES
AND THE UNITED KINGDOM REGARDING CHARLOTTE-
LONDON ROUTE.
(a) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Bermuda ii agreement.--The term ``Bermuda II
Agreement'' means the Agreement Between the United States of
America and United Kingdom of Great Britain and Northern
Ireland Concerning Air Services, signed at Bermuda on July
23, 1977 (TIAS 8641).
(3) Charlotte-london (gatwick) route.--The term
``Charlotte-London (Gatwick) route'' means the route between
Charlotte, North Carolina, and the Gatwick Airport in London,
England.
(4) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Findings.--Congress finds that--
(1) under the Bermuda II Agreement, the United States has a
right to designate an air carrier of the United States to
serve the Charlotte-London (Gatwick) route;
(2) the Secretary awarded the Charlotte-London (Gatwick)
route to US Airways on September 12, 1997, and on May 7,
1998, US Airways announced plans to launch nonstop service in
competition with the monopoly held by British Airways on the
route and to provide convenient single-carrier one-stop
service to the United Kingdom from dozens of cities in North
Carolina and South Carolina and the surrounding region;
(3) US Airways was forced to cancel service for the
Charlotte-London (Gatwick) route for the summer of 1998 and
the following winter because the Government of the United
Kingdom refused to provide commercially viable access to
Gatwick Airport;
(4) British Airways continues to operate monopoly service
on the Charlotte-London (Gatwick) route and recently upgraded
the aircraft for that route to B-777 aircraft;
(5) British Airways had been awarded an additional monopoly
route between London England and Denver, Colorado, resulting
in a total of 10 monopoly routes operated by British Airways
between the United Kingdom and points in the United States;
(6) monopoly service results in higher fares to passengers;
and
(7) US Airways is prepared, and officials of the air
carrier are eager, to initiate competitive air service on the
Charlotte-London (Gatwick) route as soon as the Government of
the United Kingdom provides commercially viable access to the
Gatwick Airport.
(c) Sense of the Senate.--It is the sense of the Senate
that the Secretary should--
(1) act vigorously to ensure the enforcement of the rights
of the United States under the Bermuda II Agreement;
(2) intensify efforts to obtain the necessary assurances
from the Government of the United Kingdom to allow an air
carrier of the United States to operate commercially viable,
competitive service for the Charlotte-London (Gatwick) route;
and
(3) ensure that the rights of the Government of the United
States and citizens and air carriers of the United States are
enforced under the Bermuda II Agreement before seeking to
renegotiate a broader bilateral agreement to establish
additional rights for air carriers of the United States and
foreign air carriers of the United Kingdom.
SEC. 530. TO EXPRESS THE SENSE OF THE SENATE CONCERNING A
BILATERAL AGREEMENT BETWEEN THE UNITED STATES
AND THE UNITED KINGDOM REGARDING CLEVELAND-
LONDON ROUTE.
(a) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Aircraft.--The term ``aircraft'' has the meaning given
that term in section 40102 of title 49, United States Code.
(3) Air transportation.--The term ``air transportation''
has the meaning given that term in section 40102 of title 49,
United States Code.
(4) Bermuda ii agreement.--The term ``Bermuda II
Agreement'' means the Agreement Between the United States of
America and United Kingdom of Great Britain and Northern
Ireland Concerning Air Services, signed at Bermuda on July
23, 1977 (TIAS 8641).
(5) Cleveland-london (gatwick) route.--The term
``Cleveland-London (Gatwick) route'' means the route between
Cleveland, Ohio, and the Gatwick Airport in London, England.
(6) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(8) Slot.--The term ``slot'' means a reservation for an
instrument flight rule takeoff or landing by an air carrier
of an aircraft in air transportation.
(b) Findings.--Congress finds that--
(1) under the Bermuda II Agreement, the United States has a
right to designate an air carrier of the United States to
serve the Cleveland-London (Gatwick) route;
(2)(A) on December 3, 1996, the Secretary awarded the
Cleveland-London (Gatwick) route to Continental Airlines;
(B) on June 15, 1998, Continental Airlines announced plans
to launch nonstop service on that route on February 19, 1999,
and to provide single-carrier one-stop service between
London, England (from Gatwick Airport) and dozens of cities
in Ohio and the surrounding region; and
(C) on August 4, 1998, the Secretary tentatively renewed
the authority of Continental Airlines to carry out the
nonstop service referred to in subparagraph (B) and selected
Cleveland, Ohio, as a new gateway under the Bermuda II
Agreement;
(3) unless the Government of the United Kingdom provides
Continental Airlines commercially viable access to Gatwick
Airport, Continental Airlines will not be able to initiate
service on the Cleveland-London (Gatwick) route; and
(4) Continental Airlines is prepared to initiate
competitive air service on the Cleveland-London (Gatwick)
route when the Government of the United Kingdom provides
commercially viable access to the Gatwick Airport.
(c) Sense of the Senate.--It is the sense of the Senate
that the Secretary should--
(1) act vigorously to ensure the enforcement of the rights
of the United States under the Bermuda II Agreement;
(2) intensify efforts to obtain the necessary assurances
from the Government of the United Kingdom to allow an air
carrier of the United States to operate commercially viable,
competitive service for the Cleveland-London (Gatwick) route;
and
(3) ensure that the rights of the Government of the United
States and citizens and air carriers of the United States are
enforced under the Bermuda II Agreement before seeking to
renegotiate a broader bilateral agreement to establish
additional rights for air carriers of the United States and
foreign air carriers of the United Kingdom, including the
right to commercially viable competitive slots at Gatwick
Airport and Heathrow Airport in London, England, for air
carriers of the United States.
SEC. 531. ALLOCATION OF TRUST FUND FUNDING.
(a) Definitions.--In this section:
(1) Airport and airway trust fund.--The term ``Airport and
Airway Trust Fund'' means the trust fund established under
section 9502 of the Internal Revenue Code of 1986.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(3) State.--The term ``State'' means each of the States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
(4) State dollar contribution to the airport and airway
trust fund.--The term ``State dollar contribution to the
Airport and Airway Trust Fund'', with respect to a State and
fiscal year, means the amount of funds equal to the amounts
transferred to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 that are
equivalent to the taxes described in section 9502(b) of the
Internal Revenue Code of 1986 that are collected in that
State.
(b) Reporting.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, and annually thereafter, the Secretary
of the Treasury shall report to the Secretary the amount
equal to the amount of taxes collected in each State during
the preceding fiscal year that were transferred to the
Airport and Airway Trust Fund.
(2) Report by secretary.--Not later than 90 days after the
date of enactment of this Act, and annually thereafter, the
Secretary shall prepare and submit to Congress a report that
provides, for each State, for the preceding fiscal year--
[[Page S10959]]
(A) the State dollar contribution to the Airport and Airway
Trust Fund; and
(B) the amount of funds (from funds made available under
section 48103 of title 49, United States Code) that were made
available to the State (including any political subdivision
thereof) under chapter 471 of title 49, United States Code.
SEC. 532. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA
DEMONSTRATION PROJECT.
Within 18 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall work with the Taos Pueblo to study the feasibility of
conducting a demonstration project to require all aircraft
that fly over Taos Pueblo and the Blue Lake Wilderness Area
of Taos Pueblo, New Mexico, to maintain a mandatory minimum
altitude of at least 5,000 feet above ground level.
SEC. 533. AIRLINE MARKETING DISCLOSURE.
(a) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Air transportation.--The term ``air transportation''
has the meaning given that term in section 40102 of title 49,
United States Code.
(b) Final Regulations.--Not later than 90 days after the
date of enactment of this Act, the Secretary of
Transportation shall promulgate final regulations to provide
for improved oral and written disclosure to each consumer of
air transportation concerning the corporate name of the air
carrier that provides the air transportation purchased by
that consumer. In issuing the regulations issued under this
subsection, the Secretary shall take into account the
proposed regulations issued by the Secretary on January 17,
1995, published at page 3359, volume 60, Federal Register.
SEC. 534. CERTAIN AIR TRAFFIC CONTROL TOWERS.
Notwithstanding any other provision of law, regulation,
intergovernmental circular advisories or other process, or
any judicial proceeding or ruling to the contrary, the
Federal Aviation Administration shall use such funds as
necessary to contract for the operation of air traffic
control towers, located in Salisbury, Maryland; Bozeman,
Montana; and Boca Raton, Florida: Provided, That the Federal
Aviation Administration has made a prior determination of
eligibility for such towers to be included in the contract
tower program.
SEC. 535. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT.
(a) In General.--Section 2 of the Death on the High Seas
Act (46 U.S.C. App. 762) is amended by--
(1) inserting ``(a) In General.--'' before ``The
recovery''; and
(2) adding at the end thereof the following:
``(b) Commercial Aviation.--
``(1) In general.--If the death was caused during
commercial aviation, additional compensation for nonpecuniary
damages for wrongful death of a decedent is recoverable in a
total amount, for all beneficiaries of that decedent, that
shall not exceed the greater of the pecuniary loss sustained
or a sum total of $750,000 from all defendants for all
claims. Punitive damages are not recoverable.
``(2) Inflation adjustment.--The $750,000 amount shall be
adjusted, beginning in calendar year 2000 by the increase, if
any, in the Consumer Price Index for all urban consumers for
the prior year over the Consumer Price Index for all urban
consumers for the calendar year 1998.
``(3) Nonpecuniary damages.--For purposes of this
subsection, the term `nonpecuniary damages' means damages for
loss of care, comfort, and companionship.''.
(b) Effective Date.--The amendment made by subsection (a)
applies to any death caused during commercial aviation
occurring after July 16, 1996.
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 of chapter 417 is amended by
adding at the end thereof the following:
``Sec. 41743. Air service program for small communities
``(a) Communities Program.--Under advisory guidelines
prescribed by the Secretary of Transportation, a small
community or a consortia of small communities or a State may
develop an assessment of its air service requirements, in
such form as the program director designated by the Secretary
under section 102(g) may require, and submit the assessment
and service proposal to the program director.
``(b) Selection of Participants.--In selecting community
programs for participation in the communities program under
subsection (a), the program director shall apply criteria,
including geographical diversity and the presentation of
unique circumstances, that will demonstrate the feasibility
of the program. For purposes of this subsection, the
application of geographical diversity criteria means criteria
that--
``(1) will promote the development of a national air
transportation system; and
``(2) will involve the participation of communities in all
regions of the country.
``(c) Carriers Program.--The program director shall invite
part 121 air carriers and regional/commuter carriers (as such
terms are defined in section 41715(d) of this title) to offer
service proposals in response to, or in conjunction with,
community aircraft service assessments submitted to the
office under subsection (a). A service proposal under this
paragraph shall include--
``(1) an assessment of potential daily passenger traffic,
revenues, and costs necessary for the carrier to offer the
service;
``(2) a forecast of the minimum percentage of that traffic
the carrier would require the community to garner in order
for the carrier to start up and maintain the service; and
``(3) the costs and benefits of providing jet service by
regional or other jet aircraft.
``(d) Program Support Function.--The program director shall
work with small communities and air carriers, taking into
account their proposals and needs, to facilitate the
initiation of service. The program director--
``(1) may work with communities to develop innovative means
and incentives for the initiation of service;
``(2) may obligate funds 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
[[Page S10960]]
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.
``(d) Additional Action.--Under the pilot program
established pursuant to subsection (a), the Secretary shall
work with air carriers providing service to participating
communities and major air carriers serving large hub airports
(as defined in section 41731(a)(3)) to facilitate joint fare
arrangements consistent with normal industry practice.
``Sec. 41745. Assistance to communities for service
``(a) In General.--Financial assistance provided under
section 41743 during any fiscal year as part of the pilot
program established under section 41744(a) shall be
implemented for not more than--
``(1) 4 communities within any State at any given time; and
``(2) 40 communities in the entire program at any time.
For purposes of this subsection, a consortium of communities
shall be treated as a single community.
``(b) Eligibility.--In order to participate in a pilot
project under this subchapter, a State, community, or group
of communities shall apply to the Secretary in such form and
at such time, and shall supply such information, as the
Secretary may require, and shall demonstrate to the
satisfaction of the Secretary that--
``(1) the applicant has an identifiable need for access, or
improved access, to the national air transportation system
that would benefit the public;
``(2) the pilot project will provide material benefits to a
broad section of the travelling public, businesses,
educational institutions, and other enterprises whose access
to the national air transportation system is limited;
``(3) the pilot project will not impede competition; and
``(4) the applicant has established, or will establish,
public-private partnerships in connection with the pilot
project to facilitate service to the public.
``(c) Coordination with Other Provisions of Subchapter.--
The Secretary shall carry out the 4-year pilot program
authorized by this subchapter in such a manner as to
complement action taken under the other provisions of this
subchapter. To the extent the Secretary determines to be
appropriate, the Secretary may adopt criteria for
implementation of the 4-year pilot program that are the same
as, or similar to, the criteria developed under the preceding
sections of this subchapter for determining which airports
are eligible under those sections. The Secretary shall also,
to the extent possible, provide incentives where no direct,
viable, and feasible alternative service exists, taking into
account geographical diversity and appropriate market
definitions.
``(d) Maximization of Participation.--The Secretary shall
structure the program established pursuant to section
41744(a) in a way designed to--
``(1) permit the participation of the maximum feasible
number of communities and States over a 4-year period by
limiting the number of years of participation or otherwise;
and
``(2) obtain the greatest possible leverage from the
financial resources available to the Secretary and the
applicant by--
``(A) progressively decreasing, on a project-by-project
basis, any Federal financial incentives provided under this
chapter over the 4-year period; and
``(B) terminating as early as feasible Federal financial
incentives for any project determined by the Secretary after
its implementation to be--
``(i) viable without further support under this subchapter;
or
``(ii) failing to meet the purposes of this chapter or
criteria established by the Secretary under the pilot
program.
``(e) Success Bonus.--If Federal financial incentives to a
community are terminated under subsection (d)(2)(B) because
of the success of the program in that community, then that
community may receive a one-time incentive grant to ensure
the continued success of that program.
``(f) Program to Terminate in 4 Years.--No new financial
assistance may be provided under this subchapter for any
fiscal year beginning more than 4 years after the date of
enactment of the 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.
``(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.''.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation such
sums as may be necessary to carry out section 41747 of title
49, United States Code.
SEC. 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--
(1) there are authorized to be appropriated to the
Secretary of Transportation not more than $10,000,000; and
(2) not more than $20,000,000 shall be made available, if
available, to the Secretary for obligation and expenditure
out of the account established under section 45303(a) of
title 49, United States Code.
To the extent that amounts are not available in such account,
there are authorized to be appropriated such sums as may be
necessary to provide the amount authorized to be obligated
under paragraph (2) to carry out those sections for that 4
fiscal-year period.
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.
[[Page S10961]]
``(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.--Subchapter I of chapter 417 is amended
by--
(1) redesignating section 41715 as 41716; and
(2) inserting after section 41714 the following:
``Sec. 41715. Slot exemptions for nonstop regional jet
service.
``(a) In General.--Within 90 days after receiving an
application for an exemption to provide nonstop regional jet
air service between--
``(1) an airport with fewer than 2,000,000 annual
enplanements; and
``(2) a high density airport subject to the exemption
authority under section 41714(a),
the Secretary of Transportation shall grant or deny the
exemption in accordance with established principles of safety
and the promotion of competition.
``(b) Existing Slots Taken into Account.--In deciding to
grant or deny an exemption under subsection (a), the
Secretary may take into consideration the slots and slot
exemptions already used by the applicant.
``(c) Conditions.--The Secretary may grant an exemption to
an air carrier under subsection (a)--
``(1) for a period of not less than 12 months;
``(2) for a minimum of 2 daily roundtrip flights; and
``(3) for a maximum of 3 daily roundtrip flights.
``(d) Change of Nonhub, Small Hub, or Medium Hub Airport;
Jet Aircraft.--The Secretary may, upon application made by an
air carrier operating under an exemption granted under
subsection (a)--
``(1) authorize the air carrier or an affiliated air
carrier to upgrade service under the exemption to a larger
jet aircraft; or
``(2) authorize an air carrier operating under such an
exemption to change the nonhub airport or small hub airport
for which the exemption was granted to provide the same
service to a different airport that is smaller than a large
hub airport (as defined in section 47134(d)(2)) if--
``(A) the air carrier has been operating under the
exemption for a period of not less than 12 months; and
``(B) the air carrier can demonstrate unmitigatable losses.
``(e) Forefeiture for Misuse.--Any exemption granted under
subsection (a) shall be terminated immediately by the
Secretary if the air carrier to which it was granted uses the
slot for any purpose other than the purpose for which it was
granted or in violation of the conditions under which it was
granted.
``(f) Restoration of Air Service.--To the extent that--
``(1) slots were withdrawn from an air carrier under
section 41714(b);
``(2) the withdrawal of slots under that section resulted
in a net loss of slots; and
``(3) the net loss of slots and slot exemptions resulting
from the withdrawal had an adverse effect on service to
nonhub airports and in other domestic markets,
the Secretary shall give priority consideration to the
request of any air carrier from which slots were withdrawn
under that section for an equivalent number of slots at the
airport where the slots were withdrawn. No priority
consideration shall be given under this subsection to an air
carrier described in paragraph (1) when the net loss of slots
and slot exemptions is eliminated.
``(g) Priority to New Entrants and Limited Incumbent
Carriers.--
``(1) In general.--In granting slot exemptions under this
section the Secretary shall give priority consideration to an
application from an air carrier that, as of July 1, 1998,
operated or held fewer than 20 slots or slot exemptions at
the high density airport for which it filed an exemption
application.
``(2) Limitation.--No priority may be given under paragraph
(1) to an air carrier that, at the time of application,
operates or holds 20 or more slots and slot exemptions at the
airport for which the exemption application is filed.
``(3) Affiliated carriers.--The Secretary shall treat all
commuter air carriers that have cooperative agreements,
including code-share agreements, with other air carriers
equally for determining eligibility for exemptions under this
section regardless of the form of the corporate relationship
between the commuter air carrier and the other air carrier.
``(h) Stage 3 Aircraft Required.--An exemption may not be
granted under this section with respect to any aircraft that
is not a Stage 3 aircraft (as defined by the Secretary).
``(i) Regional Jet Defined.--In this section, the term
`regional jet' means a passenger, turbofan-powered aircraft
carrying not fewer than 30 and not more than 50
passengers.''.
(b) Conforming Amendments.--
(1) Section 40102 is amended by inserting after paragraph
(28) the following:
``(28A) Limited incumbent air carrier.--The term `limited
incumbent air carrier' has the meaning given that term in
subpart S of part 93 of title 14, Code of Federal
Regulations, except that `20' shall be substituted for `12'
in sections 93.213(a)(5), 93.223(c)(3), and 93.226(h) as such
sections were in effect on August 1, 1998.''.
(2) The chapter analysis for chapter 417 is amended by
striking the item relating to section 41716 and inserting the
following:
``41715. Slot exemptions for nonstop regional jet service.
``41716. Air service termination notice.''.
SEC. 607. EXEMPTIONS TO PERIMETER RULE AT RONALD REAGAN
WASHINGTON NATIONAL AIRPORT.
(a) In General.--Subchapter I of chapter 417, as amended by
section 606, is amended by--
(1) redesignating section 41716 as 41717; and
(2) inserting after section 41715 the following:
``Sec. 41716. Special Rules for Ronald Reagan Washington
National Airport
``(a) Beyond-Perimeter Exemptions.--The Secretary shall by
order grant exemptions from the application of sections
49104(a)(5), 49109, 49111(e), and 41714 of this title to air
carriers to operate limited frequencies and aircraft on
select routes between Ronald Reagan Washington National
Airport and domestic hub airports of such carriers and
exemptions from the requirements of subparts K and S of part
93, Code of Federal Regulations, if the Secretary finds that
the exemptions will--
``(1) provide air transportation service with domestic
network benefits in areas beyond the perimeter described in
that section;
``(2) increase competition in multiple markets;
``(3) not reduce travel options for communities served by
small hub airports and medium hub airports within the
perimeter described in section 49109 of title 49, United
States Code; and
``(4) not result in meaningfully increased travel delays.
``(b) Within-Perimeter Exemptions.--The Secretary shall by
order grant exemptions from the requirements of sections
49104(a)(5), 49111(e), and 41714 of this title and subparts K
and S of part 93 of title 14, Code of Federal Regulations, to
commuter air carriers for service to airports with fewer than
2,000,000 annual enplanements within the perimeter
established for civil aircraft operations at Ronald Reagan
Washington National Airport under section 49109. The
Secretary shall develop criteria for distributing slot
exemptions for flights within the perimeter to such airports
under this paragraph in a manner consistent with the
promotion of air transportation.
``(c) Limitations.--
``(1) Stage 3 aircraft required.--An exemption may not be
granted under this section with respect to any aircraft that
is not a Stage 3 aircraft (as defined by the Secretary).
``(2) General exemptions.--The exemptions granted under
subsections (a) and (b) may not increase the number of
operations at Ronald Reagan Washington National Airport in
any 1-hour period during the hours between 7:00 a.m. and 9:59
p.m. by more than 2 operations.''.
``(3) Additional exemptions.--The Secretary shall grant
exemptions under subsections (a) and (b) that--
``(A) will result in 12 additional daily air carrier slot
exemptions at such airport for long-haul service beyond the
perimeter;
``(B) will result in 12 additional daily commuter slot
exemptions at such airport; and
``(C) will not result in additional daily commuter slot
exemptions for service to any within-the-perimeter airport
that is not smaller than a large hub airport (as defined in
section 47134(d)(2)).
``(4) Assessment of safety, noise and environmental
impacts.--The Secretary shall assess the impact of granting
exemptions, including the impacts of the additional slots and
flights at Ronald Reagan Washington National Airport provided
under subsections (a) and (b) on safety, noise levels and the
environment within 90 days of the date of the enactment of
this Act. The environmental assessment shall be carried out
in accordance with parts 1500-1508 of title 40, Code of
Federal Regulations. Such environmental assessment shall
include a public meeting.
``(5) Applicability with exemption 5133.--Nothing in this
section affects Exemption No. 5133, as from time-to-time
amended and extended.''.
(b) Override of MWAA Restriction.--Section 49104(a)(5) is
amended by adding at the end thereof the following:
``(D) Subparagraph (C) does not apply to any increase in
the number of instrument flight rule takeoffs and landings
necessary to implement exemptions granted by the Secretary
under section 41716.''.
(c) MWAA Noise-Related Grant Assurances.--
(1) In general.--In addition to any condition for approval
of an airport development project that is the subject of a
grant application submitted to the Secretary of
Transportation under chapter 471 of title 49, United States
Code, by the Metropolitan Washington Airports Authority, the
Authority shall be required to submit a written assurance
that, for each such grant made to the Authority for fiscal
year 1999 or any subsequent fiscal year--
(A) the Authority will make available for that fiscal year
funds for noise compatibility planning and programs that are
eligible to receive funding under chapter 471 of title 49,
United States Code, in an amount not less than 10 percent of
the aggregate annual amount of financial assistance provided
to the Authority by the Secretary as grants under chapter 471
of title 49, United States Code; and
(B) the Authority will not divert funds from a high
priority safety project in order to make funds available for
noise compatibility planning and programs.
(2) Waiver.--The Secretary of Transportation may waive the
requirements of paragraph (1) for any fiscal year for which
the Secretary determines that the Metropolitan Washington
Airports Authority is in full compliance with applicable
airport noise compatibility planning and program requirements
under part 150 of title 14, Code of Federal Regulations.
(3) Sunset.--This subsection shall cease to be in effect 5
years after the date of enactment of this Act, if on that
date the Secretary of Transportation certifies that the
Metropolitan Washington Airports Authority has achieved full
[[Page S10962]]
compliance with applicable noise compatibility planning and
program requirements under part 150 of title 14, Code of
Federal Regulations.
(d) Noise Compatibility Planning and Programs.--Section
47117(e) is amended by adding at the end the following:
``(3) The Secretary shall give priority in making grants
under paragraph (1)(A) to applications for airport noise
compatibility planning and programs at and around airports
where operations increase under title VI of the Wendell H.
Ford National Air Transportation System Improvement Act of
1998 and the amendments made by that title.''.
(e) Conforming Amendments.--
(1) Section 49111 is amended by striking subsection (e).
(2) The chapter analysis for chapter 417, as amended by
section 606(b) of this Act, is amended by striking the item
relating to section 41716 and inserting the following:
``41716. Special Rules for Ronald Reagan Washington National Airport.
``41717. Air service termination notice.''.
(f) Report.--Within 1 year after the date of enactment of
this Act, and biannually thereafter, the Secretary shall
certify to the United States Senate Committee on Commerce,
Science, and Transportation, the United States House of
Representatives Committee on Transportation and
Infrastructure, the Governments of Maryland, Virginia, and
West Virginia and the metropolitan planning organization for
Washington D.C. that noise standards, air traffic congestion,
airport-related vehicular congestion, safety standards, and
adequate air service to communities served by small hub
airports and medium hub airports within the perimeter
described in section 49109 of title 49, United States Code,
have been maintained at appropriate levels.
SEC. 608. ADDITIONAL SLOT EXEMPTIONS AT CHICAGO O'HARE
INTERNATIONAL AIRPORT.
(a) In General.--Chapter 417, as amended by section 607, is
amended by--
(1) redesignating section 41717 as 41718; and
(2) inserting after section 41716 the following:
``Sec. 41717. Special Rules for Chicago O'Hare International
Airport
``(a) In General.--The Secretary of Transportation shall
grant 30 slot exemptions over a 3-year period beginning on
the date of enactment of the Wendell H. Ford National Air
Transportation System Improvement Act of 1998 at Chicago
O'Hare International Airport.
``(b) Equipment and Service Requirements.--
``(1) Stage 3 aircraft required.--An exemption may not be
granted under this section with respect to any aircraft that
is not a Stage 3 aircraft (as defined by the Secretary).
``(2) Service provided.--Of the exemptions granted under
subsection (a)--
``(A) 18 shall be used only for service to underserved
markets, of which no fewer than 6 shall be designated as
commuter slot exemptions; and
``(B) 12 shall be air carrier slot exemptions.
``(c) Procedural Requirements.--Before granting exemptions
under subsection (a), the Secretary shall--
``(1) conduct an environmental review, taking noise into
account, and determine that the granting of the exemptions
will not cause a significant increase in noise;
``(2) determine whether capacity is available and can be
used safely and, if the Secretary so determines then so
certify;
``(3) give 30 days notice to the public through publication
in the Federal Register of the Secretary's intent to grant
the exemptions; and
``(4) consult with appropriate officers of the State and
local government on any related noise and environmental
issues.
``(d) Underserved Market Defined.--In this section, the
term `service to underserved markets' means passenger air
transportation service to an airport that is a nonhub airport
or a small hub airport (as defined in paragraphs (4) and (5),
respectively, of section 41731(a)).''.
(b) Studies.--
(1) 3-year report.--The Secretary shall study and submit a
report 3 years after the first exemption granted under
section 41717(a) of title 49, United States Code, is first
used on the impact of the additional slots on the safety,
environment, noise, access to underserved markets, and
competition at Chicago O'Hare International Airport.
(2) DOT study in 2000.--The Secretary of Transportation
shall study community noise levels in the areas surrounding
the 4 high-density airports after the 100 percent Stage 3
fleet requirements are in place, and compare those levels
with the levels in such areas before 1991.
(c) Conforming Amendment.--The chapter analysis for chapter
417, as amended by section 607(b) of this Act, is amended by
striking the item relating to section 41717 and inserting the
following:
``41717. Special Rules for Chicago O'Hare International Airport.
``41718. Air service termination notice.''.
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, as amended by
section 608, is amended by adding at the end the following:
``Sec. 41719. 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 AIR TRANSPORTATION NEEDS.
The General Accounting Office shall conduct a study of the
current state of the national airport network and its ability
to meet the air
[[Page S10963]]
transportation needs of the United States over the next 15
years. The study shall include airports located in remote
communities and reliever airports. In assessing the
effectiveness of the system the Comptroller General may
consider airport runway length of 5,500 feet or the
equivalent altitude-adjusted length, air traffic control
facilities, and navigational aids.
TITLE 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 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;
[[Page S10964]]
``(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 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 40126 of title 49, United States
Code, as added by subsection (a), does not apply to--
(A) the Grand Canyon National Park; or
(B) Indian country within or abutting the Grand Canyon
National Park.
(2) Alaska.--The provisions of this title and section 40126
of title 49, United States Code, as added by subsection (a),
do not apply to any land or waters located in Alaska.
(3) Compliance with other regulations.--For purposes of
section 40126 of title 49, United States Code--
(A) regulations issued by the Secretary of Transportation
and the Administrator of the Federal Aviation Administration
under section 3 of Public Law 100-91 (16 U.S.C. 1a-1, note);
and
(B) commercial air tour operations carried out in
compliance with the requirements of those regulations,
shall be deemed to meet the requirements of such section
40126.
(c) Clerical Amendment.--The table of sections for chapter
401 is amended by adding at the end thereof the following:
``40126. Overflights of national parks.''.
SEC. 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 appropriate and feasible quiet
aircraft technology standards for quiet aircraft technologies
under development for commercial purposes, which will receive
preferential treatment in a given air tour management plan;
(3) on other measures that might be taken to accommodate
the interests of visitors to national parks; and
(4) on such other national park or tribal lands-related
safety, environmental, and air touring issues as the
Administrator and the Director may request.
(d) Compensation; Support; FACA.--
(1) Compensation and travel.--Members of the advisory group
who are not officers or employees of the United States, while
attending conferences or meetings of the group or otherwise
engaged in its business, or while serving away from their
homes or regular places of business, each member may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently.
(2) Administrative support.--The Federal Aviation
Administration and the National Park Service shall jointly
furnish to the advisory group clerical and other assistance.
(3) Nonapplication of faca.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the
advisory group.
(e) Report.--The Administrator and the Director shall
jointly report to the Congress within 24 months after the
date of enactment of this Act on the success of this title in
providing incentives for quiet aircraft technology.
SEC. 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.
SEC. 705. PROHIBITION OF COMMERCIAL AIR TOURS OVER THE ROCKY
MOUNTAIN NATIONAL PARK.
Effective beginning on the date of enactment of this Act,
no commercial air tour may be operated in the airspace over
the Rocky Mountain National Park notwithstanding any other
provision of this Act or section 40126 of title 49, United
States Code, as added by this Act.
TITLE VIII--CENTENNIAL OF FLIGHT COMMEMORATION
SEC. 801. SHORT TITLE.
This title may be cited as the ``Centennial of Flight
Commemoration Act''.
SEC. 802. FINDINGS.
Congress finds that--
(1) December 17, 2003, is the 100th anniversary of the
first successful manned, free, controlled,
[[Page S10965]]
and sustained flight by a power-driven, heavier-than-air
machine;
(2) the first flight by Orville and Wilbur Wright
represents the fulfillment of the age-old dream of flying;
(3) the airplane has dramatically changed the course of
transportation, commerce, communication, and warfare
throughout the world;
(4) the achievement by the Wright brothers stands as a
triumph of American ingenuity, inventiveness, and diligence
in developing new technologies, and remains an inspiration
for all Americans;
(5) it is appropriate to remember and renew the legacy of
the Wright brothers at a time when the values of creativity
and daring represented by the Wright brothers are critical to
the future of the Nation; and
(6) as the Nation approaches the 100th anniversary of
powered flight, it is appropriate to celebrate and
commemorate the centennial year through local, national, and
international observances and activities.
SEC. 803. ESTABLISHMENT.
There is established a commission to be known as the
Centennial of Flight Commission.
SEC. 804. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be
composed of 6 members, as follows:
(1) The Director of the National Air and Space Museum of
the Smithsonian Institution or his designee.
(2) The Administrator of the National Aeronautics and Space
Administration or his designee.
(3) The chairman of the First Flight Centennial Foundation
of North Carolina, or his designee.
(4) The chairman of the 2003 Committee of Ohio, or his
designee.
(5) As chosen by the Commission, the president or head of a
United States aeronautical society, foundation, or
organization of national stature or prominence who will be a
person from a State other than Ohio or North Carolina.
(6) The Administrator of the Federal Aviation
Administration, or his designee.
(b) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner in which the original designation
was made.
(c) Compensation.--
(1) Prohibition of pay.--Except as provided in paragraph
(2), members of the Commission shall serve without pay or
compensation.
(2) Travel expenses.--The Commission may adopt a policy,
only by unanimous vote, for members of the Commission and
related advisory panels to receive travel expenses, including
per diem in lieu of subsistence. The policy may not exceed
the levels established under sections 5702 and 5703 of title
5, United States Code. Members who are Federal employees
shall not receive travel expenses if otherwise reimbursed by
the Federal Government.
(d) Quorum.--Three members of the Commission shall
constitute a quorum.
(e) Chairperson.--The Commission shall select a Chairperson
of the Commission from the members designated under
subsection (a) (1), (2), or (5). The Chairperson may not vote
on matters before the Commission except in the case of a tie
vote. The Chairperson may be removed by a vote of a majority
of the Commission's members.
(f) Organization.--No later than 90 days after the date of
enactment of this Act, the Commission shall meet and select a
Chairperson, Vice Chairperson, and Executive Director.
SEC. 805. DUTIES.
(a) In General.--The Commission shall--
(1) represent the United States and take a leadership role
with other nations in recognizing the importance of aviation
history in general and the centennial of powered flight in
particular, and promote participation by the United States in
such activities;
(2) encourage and promote national and international
participation and sponsorships in commemoration of the
centennial of powered flight by persons and entities such
as--
(A) aerospace manufacturing companies;
(B) aerospace-related military organizations;
(C) workers employed in aerospace-related industries;
(D) commercial aviation companies;
(E) general aviation owners and pilots;
(F) aerospace researchers, instructors, and enthusiasts;
(G) elementary, secondary, and higher educational
institutions;
(H) civil, patriotic, educational, sporting, arts,
cultural, and historical organizations and technical
societies;
(I) aerospace-related museums; and
(J) State and local governments;
(3) plan and develop, in coordination with the First Flight
Centennial Commission, the First Flight Centennial Foundation
of North Carolina, and the 2003 Committee of Ohio, programs
and activities that are appropriate to commemorate the 100th
anniversary of powered flight;
(4) maintain, publish, and distribute a calendar or
register of national and international programs and projects
concerning, and provide a central clearinghouse for,
information and coordination regarding, dates, events, and
places of historical and commemorative significance regarding
aviation history in general and the centennial of powered
flight in particular;
(5) provide national coordination for celebration dates to
take place throughout the United States during the centennial
year;
(6) assist in conducting educational, civic, and
commemorative activities relating to the centennial of
powered flight throughout the United States, especially
activities that occur in the States of North Carolina and
Ohio and that highlight the activities of the Wright brothers
in such States; and
(7) encourage the publication of popular and scholarly
works related to the history of aviation or the anniversary
of the centennial of powered flight.
(b) Nonduplication of Activities.--The Commission shall
attempt to plan and conduct its activities in such a manner
that activities conducted pursuant to this title enhance, but
do not duplicate, traditional and established activities of
Ohio's 2003 Committee, North Carolina's First Flight
Centennial Commission, the First Flight Centennial
Foundation, or any other organization of national stature or
prominence.
SEC. 806. POWERS.
(a) Advisory Committees and Task Forces.--
(1) In general.--The Commission may appoint any advisory
committee or task force from among the membership of the
Advisory Board in section 812.
(2) Federal cooperation.--To ensure the overall success of
the Commission's efforts, the Commission may call upon
various Federal departments and agencies to assist in and
give support to the programs of the Commission. The head of
the Federal department or agency, where appropriate, shall
furnish the information or assistance requested by the
Commission, unless prohibited by law.
(3) Prohibition of pay other than travel expenses.--Members
of an advisory committee or task force authorized under
paragraph (1) shall not receive pay, but may receive travel
expenses pursuant to the policy adopted by the Commission
under section 804(c)(2).
(b) Powers of Members and Agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action that the Commission is authorized to take under this
title.
(c) Authority to Procure and To Make Legal Agreements.--
(1) In general.--Notwithstanding any other provision in
this title, only the Commission may procure supplies,
services, and property, and make or enter into leases and
other legal agreements in order to carry out this title.
(2) Restriction.--
(A) In general.--A contract, lease, or other legal
agreement made or entered into by the Commission may not
extend beyond the date of the termination of the Commission.
(B) Federal support.--The Commission shall obtain property,
equipment, and office space from the General Services
Administration or the Smithsonian Institution, unless other
office space, property, or equipment is less costly.
(3) Supplies and property possessed by commission at
termination.--Any supplies and property, except historically
significant items, that are acquired by the Commission under
this title and remain in the possession of the Commission on
the date of the termination of the Commission shall become
the property of the General Services Administration upon the
date of termination.
(d) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as any other
Federal agency.
SEC. 807. STAFF AND SUPPORT SERVICES.
(a) Executive Director.--There shall be an Executive
Director appointed by the Commission and chosen from among
detailees from the agencies and organizations represented on
the Commission. The Executive Director may be paid at a rate
not to exceed the maximum rate of basic pay payable for the
Senior Executive Service.
(b) Staff.--The Commission may appoint and fix the pay of
any additional personnel that it considers appropriate,
except that an individual appointed under this subsection may
not receive pay in excess of the maximum rate of basic pay
payable for GS-14 of the General Schedule.
(c) Inapplicability of Certain Civil Service Laws.--The
Executive Director and staff of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates,
except as provided under subsections (a) and (b) of this
section.
(d) Merit System Principles.--The appointment of the
Executive Director or any personnel of the Commission under
subsection (a) or (b) shall be made consistent with the merit
system principles under section 2301 of title 5, United
States Code.
(e) Staff of Federal Agencies.--Upon request by the
Chairperson of the Commission, the head of any Federal
department or agency may detail, on either a nonreimbursable
or reimbursable basis, any of the personnel of the department
or agency to the Commission to assist the Commission to carry
out its duties under this title.
(f) Administrative Support Services.--
(1) Reimbursable services.--The Secretary of the
Smithsonian Institution may provide to the Commission on a
reimbursable basis any administrative support services that
are necessary to enable the Commission to carry out this
title.
(2) Nonreimbursable services.--The Secretary may provide
administrative support services to the Commission on a
nonreimbursable basis when, in the opinion of the Secretary,
the value of such services is insignificant or not practical
to determine.
(g) Cooperative Agreements.--The Commission may enter into
cooperative agreements with other Federal agencies, State and
local governments, and private interests and organizations
that will contribute to public awareness of and interest in
the centennial of powered flight and toward furthering the
goals and purposes of this title.
(h) Program Support.--The Commission may receive program
support from the nonprofit sector.
[[Page S10966]]
SEC. 808. CONTRIBUTIONS.
(a) Donations.--The Commission may accept donations of
personal services and historic materials relating to the
implementation of its responsibilities under the provisions
of this title.
(b) Volunteer Services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and
use voluntary and uncompensated services as the Commission
determines necessary.
(c) Remaining Funds.--Any funds (including funds received
from licensing royalties) remaining with the Commission on
the date of the termination of the Commission may be used to
ensure proper disposition, as specified in the final report
required under section 810(b), of historically significant
property which was donated to or acquired by the Commission.
Any funds remaining after such disposition shall be
transferred to the Secretary of the Treasury for deposit into
the general fund of the Treasury of the United States.
SEC. 809. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND
MARKS.
(a) In General.--The Commission may devise any logo,
emblem, seal, or descriptive or designating mark that is
required to carry out its duties or that it determines is
appropriate for use in connection with the commemoration of
the centennial of powered flight.
(b) Licensing.--The Commission shall have the sole and
exclusive right to use, or to allow or refuse the use of, the
name ``Centennial of Flight Commission'' on any logo, emblem,
seal, or descriptive or designating mark that the Commission
lawfully adopts.
(c) Effect on Other Rights.--No provision of this section
may be construed to conflict or interfere with established or
vested rights.
(d) Use of Funds.--Funds from licensing royalties received
pursuant to this section shall be used by the Commission to
carry out the duties of the Commission specified by this
title.
(e) Licensing Rights.--All exclusive licensing rights,
unless otherwise specified, shall revert to the Air and Space
Museum of the Smithsonian Institution upon termination of the
Commission.
SEC. 810. REPORTS.
(a) Annual Report.--In each fiscal year in which the
Commission is in existence, the Commission shall prepare and
submit to Congress a report describing the activities of the
Commission during the fiscal year. Each annual report shall
also include--
(1) recommendations regarding appropriate activities to
commemorate the centennial of powered flight, including--
(A) the production, publication, and distribution of books,
pamphlets, films, and other educational materials;
(B) bibliographical and documentary projects and
publications;
(C) conferences, convocations, lectures, seminars, and
other similar programs;
(D) the development of exhibits for libraries, museums, and
other appropriate institutions;
(E) ceremonies and celebrations commemorating specific
events that relate to the history of aviation;
(F) programs focusing on the history of aviation and its
benefits to the United States and humankind; and
(G) competitions, commissions, and awards regarding
historical, scholarly, artistic, literary, musical, and other
works, programs, and projects related to the centennial of
powered flight;
(2) recommendations to appropriate agencies or advisory
bodies regarding the issuance of commemorative coins, medals,
and stamps by the United States relating to aviation or the
centennial of powered flight;
(3) recommendations for any legislation or administrative
action that the Commission determines to be appropriate
regarding the commemoration of the centennial of powered
flight;
(4) an accounting of funds received and expended by the
Commission in the fiscal year that the report concerns,
including a detailed description of the source and amount of
any funds donated to the Commission in the fiscal year; and
(5) an accounting of any cooperative agreements and
contract agreements entered into by the Commission.
(b) Final Report.--Not later than June 30, 2004, the
Commission shall submit to the President and Congress a final
report. The final report shall contain--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by
the Commission;
(3) any findings and conclusions of the Commission; and
(4) specific recommendations concerning the final
disposition of any historically significant items acquired by
the Commission, including items donated to the Commission
under section 808(a)(1).
SEC. 811. AUDIT OF FINANCIAL TRANSACTIONS.
(a) In General.--
(1) Audit.--The Comptroller General of the United States
shall audit on an annual basis the financial transactions of
the Commission, including financial transactions involving
donated funds, in accordance with generally accepted auditing
standards.
(2) Access.--In conducting an audit under this section, the
Comptroller General--
(A) shall have access to all books, accounts, financial
records, reports, files, and other papers, items, or property
in use by the Commission, as necessary to facilitate the
audit; and
(B) shall be afforded full facilities for verifying the
financial transactions of the Commission, including access to
any financial records or securities held for the Commission
by depositories, fiscal agents, or custodians.
(b) Final Report.--Not later than September 30, 2004, the
Comptroller General of the United States shall submit to the
President and to Congress a report detailing the results of
any audit of the financial transactions of the Commission
conducted by the Comptroller General.
SEC. 812. ADVISORY BOARD.
(a) Establishment.--There is established a First Flight
Centennial Federal Advisory Board.
(b) Number and Appointment.--
(1) In general.--The Board shall be composed of 19 members
as follows:
(A) The Secretary of the Interior, or the designee of the
Secretary.
(B) The Librarian of Congress, or the designee of the
Librarian.
(C) The Secretary of the Air Force, or the designee of the
Secretary.
(D) The Secretary of the Navy, or the designee of the
Secretary.
(E) The Secretary of Transportation, or the designee of the
Secretary.
(F) Six citizens of the United States, appointed by the
President, who--
(i) are not officers or employees of any government (except
membership on the Board shall not be construed to apply to
the limitation under this clause); and
(ii) shall be selected based on their experience in the
fields of aerospace history, science, or education, or their
ability to represent the entities enumerated under section
805(a)(2).
(G) Four citizens of the United States, appointed by the
majority leader of the Senate in consultation with the
minority leader of the Senate.
(H) Four citizens of the United States, appointed by the
Speaker of the House of Representatives in consultation with
the minority leader of the House of Representatives. Of the
individuals appointed under this subparagraph--
(i) one shall be selected from among individuals
recommended by the representative whose district encompasses
the Wright Brothers National Memorial; and
(ii) one shall be selected from among individuals
recommended by the representatives whose districts encompass
any part of the Dayton Aviation Heritage National Historical
Park.
(c) Vacancies.--Any vacancy in the Advisory Board shall be
filled in the same manner in which the original designation
was made.
(d) Meetings.--Seven members of the Advisory Board shall
constitute a quorum for a meeting. All meetings shall be open
to the public.
(e) Chairperson.--The President shall designate 1 member
appointed under subsection (b)(1)(F) as chairperson of the
Advisory Board.
(f) Mails.--The Advisory Board may use the United States
mails in the same manner and under the same conditions as a
Federal agency.
(g) Duties.--The Advisory Board shall advise the Commission
on matters related to this title.
(h) Prohibition of Compensation Other Than Travel
Expenses.--Members of the Advisory Board shall not receive
pay, but may receive travel expenses pursuant to the policy
adopted by the Commission under section 804(e).
(i) Termination.--The Advisory Board shall terminate upon
the termination of the Commission.
SEC. 813. DEFINITIONS.
In this title:
(1) Advisory board.--The term ``Advisory Board'' means the
Centennial of Flight Federal Advisory Board.
(2) Centennial of powered flight.--The term ``centennial of
powered flight'' means the anniversary year, from December
2002 to December 2003, commemorating the 100-year history of
aviation beginning with the First Flight and highlighting the
achievements of the Wright brothers in developing the
technologies which have led to the development of aviation as
it is known today.
(3) Commission.--The term ``Commission'' means the
Centennial of Flight Commission.
(4) Designee.--The term ``designee'' means a person from
the respective entity of each entity represented on the
Commission or Advisory Board.
(5) First flight.--The term ``First Flight'' means the
first four successful manned, free, controlled, and sustained
flights by a power-driven, heavier-than-air machine, which
were accomplished by Orville and Wilbur Wright of Dayton,
Ohio on December 17, 1903, at Kitty Hawk, North Carolina.
SEC. 814. TERMINATION.
The Commission shall terminate not later than 60 days after
the submission of the final report required by section 810(b)
and shall transfer all documents and material to the National
Archives or other appropriate Federal entity.
SEC. 815. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title--
(1) $250,000 for fiscal year 1999;
(2) $600,000 for fiscal year 2000;
(3) $750,000 for fiscal year 2001;
(4) $900,000 for fiscal year 2002;
(5) $900,000 for fiscal year 2003; and
(6) $600,000 for fiscal year 2004.
TITLE IX--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 901. EXTENSION OF EXPENDITURE AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the
Internal Revenue Code of 1986 (relating to expenditures from
Airport and Airway Trust Fund) is amended--
(1) by striking ``October 1, 1998'' and inserting ``October
1, 2000''; and
(2) by inserting before the semicolon at the end of
subparagraph (A) the following ``or the Wendell H. Ford
National Air Transportation System Improvement Act of 1998''.
(b) Limitation on Expenditure Authority.--Section 9502 of
such Code is amended by adding at the end the following new
subsection:
[[Page S10967]]
``(f) Limitation on Transfers to Trust Fund.--
``(1) In general.--Except as provided in paragraph (2), no
amount may be appropriated or credited to the Airport and
Airway Trust Fund on and after the date of any expenditure
from the Airport and Airway Trust Fund which is not permitted
by this section. The determination of whether an expenditure
is so permitted shall be made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act; and
``(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this subsection.
``(2) Exception for prior obligations.--Paragraph (1) shall
not apply to any expenditure to liquidate any contract
entered into (or for any amount otherwise obligated) before
October 1, 2000, in accordance with the provisions of this
section.''.
Mr. McCAIN. Mr. President, I move to reconsider the vote.
Mr. FORD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. Under the previous order, the Senate insists
on its amendment, requests a conference with the House, and the Chair
appoints the following conferees on the part of the Senate.
The PRESIDING OFFICER (Mr. Hagel) appointed Mr. McCain, Mr. Stevens,
Mr. Gorton, Mr. Hollings, and Mr. Ford conferees on the part of the
Senate.
Mr. McCAIN. Mr. President, Senator Ashcroft is necessarily absent.
For the record, if he had been here today, he would have voted in favor
of the Wendell Ford National Air Transportation System Improvement Act.
Mr. STEVENS. Mr. President, this is the Wendell Ford National Air
Transportation System Improvement Act, as Chairman McCain just pointed
out.
I see my good friend from Kentucky is here. I think that this is an
act that should be named after the Senator from Kentucky because of his
long service on the Commerce Committee and particularly on the Aviation
Subcommittee.
Our Nation has come through a very interesting period during the time
that Wendell Ford has been Senator from Kentucky--a total revolution in
aviation and a concentration on safety and improvement of our airway
system.
Wendell Ford has been a leader in that effort. This bill signifies
the totality of what he has done for the aviation community.
I come to the floor today, because, as I believe most Members of the
Senate know, Alaska is completely dependent upon air transportation.
Over 70 percent of our communities can only be reached by air year-
round. We believe in the safety of that system.
I have been pleased to have the honor to be able to work with the
Senator from Kentucky on a whole series of matters dealing with
operations, with safety, and with the maintenance of the airways
system, and in particularly with the development of air transportation
facilities on the ground.
As you go throughout this country and go to these major new
terminals, you should think of Wendell Ford, because he has led us,
through the period when he was chairman of the Aviation Subcommittee,
and during the period when he has been ranking member of that
subcommittee, to an understanding of what is necessary to keep the lead
that we have as a nation in aviation.
I come to the floor to thank my good friend for all he as done for us
and for the Nation, but particularly to thank him on behalf of all of
us in Alaska who rely so much on this system that he has improved and
made more safe.
Thank you, Mr. President.
Mr. FORD addressed the Chair.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. FORD. Mr. President, it is difficult for me to respond because it
is somewhat melancholy, as this is my last effort at developing an
aviation package, to have such kind remarks come from my learned friend
who also has worked tirelessly in an attempt to make the aviation
industry safer, more accessible, helping it expand, and giving it the
opportunity to grow.
He comes from a unique State. He sits down with you and explains the
problem. It isn't ``I am Ted Stevens, vote with me.'' He sits down and
explains the problem and what is needed to improve the problems of his
fine State. It is very difficult for anyone to not help once they
understand what Alaska has.
We have a great mix in this country. You go all the way from the cold
in the north in the 49th State to the south where it is hot, and to
Hawaii, the 50th State. We have a great mix. The people who represent
those States are great.
My friend from Alaska is really and truly my friend. One of the
things I will miss around here is my association with him. He has
helped me on more than one occasion to do some things maybe that he
would rather not do. But I found, as my dad taught me, that you pay
your debts whether you sign the paper or shake a man's hand. Ted
Stevens' word is his bond. And I respect him for that. I respect what
he does as a Member of this institution.
I will feel comfortable when I leave here that Senator Stevens is
head of appropriations. He is still on the Commerce Committee. And when
the new aviation bill comes forth, he will be sure that those things
that we fought for so long will be improved.
I thank my friend very, very much.
Mr. STEVENS. I thank the Senator, Mr. President.
Mr. FORD. Mr. President, I thank my colleagues for all their hard
work in putting this bill together. It was a tough task. But we have
been able to work out just about every issue that was of concern to
Members on both sides of the aisle.
The FAA in the future years must be able to have the funding that it
needs to modernize. The new Administrator has a very difficult job. She
has been working with the industry and with Congress to move forward on
many tough issues.
Some have described the modernization of the air traffic control
system like this: It is sort of like needing to rebuild your entire
house, but you have to live there at the same time.
Modernization is a critical issue. We included in this bill a section
on tourism, and because of its importance to each of us and without an
aviation system that can grow, tourism will also be affected. In
leaving, let me mention a few areas of concern.
In the next year the FAA and the aviation community, airports,
airlines, manufacturers, and our international partners, all must
address the year 2000 computer problem. The FAA must also move forward
on the STARS and WASS programs. Think about that. We need to yank out
all of the controller workstations across the country and put in new
computers. All of us have had new systems put in our offices, and we
know it is a mess. The FAA has to do it while planes are still flying
and people's lives are at stake. We may fault the FAA at times for not
moving as quickly as we want, but keep in mind how tough the task is.
With respect to the Wide Area Augmentation System, the industry is
beginning to equip its fleet to be able to take advantage of a
satellite-based tracking system. The FAA, Congress and the industry
have got to move forward with this new program. We have committed
hundreds of millions of dollars to this effort, and we cannot turn back
now.
The Administrator knows all this, but this body has to give her the
resources to do the job. Next year, you will debate and argue over how
to fund the FAA. It is a critical matter. We know that traffic will
increase by 35 percent over the next several years. We know that our
airports need to be expanded. Gridlock cannot occur because the FAA
does not have the ability to meet the industry's needs.
I also want to mention the small communities program in this bill.
There are many segments of the country that have not received all the
benefits of deregulation. We are going to try to help those areas, but
not by merely giving them money. The communities will need to work hard
to develop their markets and work with carriers to provide the needed
service.
I thank the chairman, Senator McCain. I know that he will continue to
fight for FAA's needs next year. I also hope that we can quickly
conclude the conference on this bill. There are a few tough issues that
will need to be decided by the Members, and I hope that we can come to
closure soon.
Mr. President, in this life in the Senate, you come across some very,
very fine people, and those are the ones who make this place run and
are not recognized. We get all the publicity, good or bad. We have to
face the voters, good
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or bad. But the staff who support us, the staff who support the
committee, the staff who support us on the floor, they are the ones who
need to have the accolades. They work hard--all night, they work 24
hours, around the clock--and we never seem to thank them as we should.
I know my life in the Senate would have been made a lot tougher, and I
probably would not have succeeded had it not been for staff.
You find a lot of excellent staff, on both sides now. Don't think I
am just talking about one side of the aisle. Ann--I hope I pronounce
her last name right--Choiniere. Getting close? This is the first time I
have worked with her, and I found out how tough she can be but how
thorough and fair she is representing the chairman; she has done an
excellent job. Mike Reynolds and others on Senator McCain's side have
all done well. Senator Gorton's staff. He was fairly bright and smart
when he brought Brett Hale from Kentucky on his staff. He is one of the
people around here who definitely understands Kentucky Wildcat
basketball, and we can talk together about that on occasion. And Jeanne
Bumpus on Senator Gorton's staff; Jim Drewry and Carl Bentzel, Dave
Regan and others on my side.
But there is one you have to depend on, one who is the leader, one
who comes and sits down and we work through the problems and then get
the challenge to go and get it settled and come back and see where we
are and keep you informed and keep you moving. Sam Whitehorn is that
kind of fellow, and I am going to miss him. He and I have become good
friends. I don't look at him as a staff person. I look at him as a
member of the family, because he is. He is dedicated, and wants to get
the job done. And sometimes he has to do maybe what he didn't exactly
like to do, but I made the decision. Sam has been a good soldier
through the whole thing, and I am grateful to him.
Mr. President, as we end this part of the aviation bill, I again
thank my colleagues, and I look forward to being down in Kentucky to
see some of this work I have done, to watch it grow there, because we
need as much help as any other State. I am grateful for the opportunity
I have had, and I thank the chairman again. Some people think he is
tough and rough and that sort of thing, but he really has a soft spot.
Now, if you can find that soft spot, you can get along with him.
Sometimes it is difficult to find it. But you see him laughing. That is
the kind of association we have had. I look forward to working with him
to complete this bill, working in conference, so that when we leave
here sometime mid-October we can leave knowing we have done the best we
could, that we have tried to be responsible to the people we represent
in this great country of ours.
Mr. President, I yield the floor.
Mr. McCAIN addressed the Chair.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Mr. President, I join Senator Ford in thanking the staff
for their contributions: John Raidt, Ann Choiniere, Michael Reynolds,
Lloyd Ator, Scott Verstandig, Brad Sabala, and Bill Winter on the
Commerce Committee staff; Ivan Schlager, Sam Whitehorn, Jim Drewry, and
Becky Kojm with Senator Hollings' staff; Brett Hale and Jeanne Bumpus
with Senator Gorton; and David Regan with Senator Ford. Charles
Chambers and Tom Zoeller, who are no longer Senate staffers, made
efforts in making this legislation happen. Also, Mr. President, because
of the scope associated with this bill, we have negotiated with
literally every Senator and their staff members on various provisions
of this bill, and I thank all of them, also.
But obviously, Mr. President, I wish to express again my deep and
profound appreciation to the Senator from Kentucky for his efforts on
this legislation and many, many other aviation bills that have moved
through the Senate during my time here. I think it is a very small
token that the bill before us is named for him. He deserves that
recognition and much, much more.
Mr. President, Senator Ford has been a Member of the U.S. Senate for
24 years. That is a long time, even in the history of the U.S. Senate.
I have had the privilege of working with him for 12. When I first came
to the Commerce Committee 12 years ago, I spent a lot of time with
Senator Ford then and in the intervening years, especially on aviation
issues, because he is regarded, perhaps, as the most knowledgeable
Member of the U.S. Senate on those issues.
Senator Ford is also known--as I think, perhaps, I may be to some
extent--as a person who fights fiercely for the principles that he
believes in, for what he believes is right as God gave him the right to
see it. And he also is a strong advocate for his party. I noted, while
looking at his biography this morning--I was scanning it--not only is
he a former Governor, but for 6 years he was the chairman of the
Democratic Senatorial Campaign Committee. I know that there are many
times when he and his colleagues yearn for those golden days of
yesteryear.
Mr. FORD. No, we lost then.
Mr. McCAIN. Did you? But Senator Ford has obviously served his party
with distinction as well. Around this place you have the opportunity of
working with your colleagues on a variety of issues, but I do not
believe that I have observed anyone as effective, as single-minded, and
as dedicated as the Senator from Kentucky. Yes, we have had fierce
differences of opinion which have always been resolved at the end of
the day with a smile and a handshake. I have learned from those
encounters. I believe one of the great learning experiences of my life
was in 1990 when Senator Ford was responsible for a massive
restructuring of the aviation system in America. The impact of that
will be felt well into the next century. I watched him guide that
legislation through all the rocks and shoals of the process around
here, and it emerged as a landmark piece of legislation.
I am proud to have learned from him. I am proud to have worked with
him and to be associated with him on a broad variety of various areas.
Most of all, I will be pleased many years from now to be able to call
him my friend. So I thank him. I look forward to observing that same
fierce determination as we do battle with the folks on the other side,
to try to maintain this legislation intact as it has been reported out
through the Senate.
As has often been observed, the Senator from Kentucky is not dying,
he is just leaving the Senate.
Mr. FORD. Thanks.
Mr. McCAIN. We will, for many, many years in the future, work with
the Senator from Kentucky and maintain our close relationships with
him. I know I speak for every Member on my side of the aisle when I say
that.
Mr. President, I yield the floor.
Mr. FORD. Thank you, John. I appreciate it very much.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. DORGAN. Mr. President, let me add my words of admiration for the
work done by Senator Ford. He has been an important part of the Senate
for many years and has done some very important things for his country
and the Senate will miss very much the service that he has offered. He
is in the leadership, has been for many years on the Democratic side of
the aisle. But he is fiercely independent. He is smart. He is tough,
and he has all the qualities that you look for in a good legislator. He
will, in my judgment, for many, many years be remembered as one of the
really outstanding legislators in this body, and I feel very fortunate
to have been able to serve with him. I just wanted to add those words
to the words offered by the Senator from Arizona.
Mr. LOTT. Mr. President, I rise to recognize the importance of
today's passage of the Federal Aviation Administration Reauthorization
bill. Today is a great day for rural America's air passengers. This
legislation, now known as the Wendell H. Ford National Air
Transportation System Improvement Act of 1998, will bring much needed
air service to underserved communities throughout the Nation. It will
grant billions of dollars in Federal funds to our Nation's small
airports for upgrades, through the Airport Improvements Program (AIP).
Additionally, Senator McCain, chairman of the Committee on Commerce,
Science, and Transportation, is to be commended for his superb
leadership on this complex and contentious measure. Together with
Senator Ford, their joint efforts moved this bill through the committee
and to the Senate floor in such a manner that the amendment process
went smoothly.
It is only fitting that this must-pass legislation be named after
such a worthy Senator. Wendell Ford has spent
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nearly 24 years as a Member of this body. For the last 10 years, I have
enjoyed working with Senator Ford on a variety of issues within the
jurisdiction of the Senate Commerce Committee. Through his leadership
on this legislation, Senator Ford has proven himself as a champion of
rural aviation issues. The Senate will certainly miss his guidance and
insight. Likewise, the Senate will miss his wry, biting humor.
Rural Americans are the biggest winners with the passage of the Ford
Act. Citizens of underserved communities will no longer have to travel
hundreds of miles and several hours to board a plane. This legislation
gives incentives to domestic air carriers and its affiliates to reach
out to these people and serve them conveniently near their homes. Many
Americans will be able to travel a reasonable distance to gain access
to our Nation's skies and, from there, anywhere they wish to go.
Mr. President, I also applaud the hard work of Senator Bill Frist of
Tennessee. He added provisions to the Ford Act to expand small
community air service. His dedicated efforts ensured that underserved
cities like Knoxville, Chattanooga, and Bristol/Johnson City are now in
a position to receive additional or expanded air service.
The major policy changes in the Ford Act led to hard fought but
honest disagreements. I have enormous respect for the efforts of
Senators John Warner, Jim Inhofe, and Kay Bailey Hutchison as they
diligently advocated for their constituents and their respective
States. This honest debate is what makes it exciting to serve in the
United States Senate. I was very pleased by the efforts of Senators
Slade Gorton and Arlen Specter to address a very sensitive issue, while
resolving it in a true Senate fashion--a consensus which will prove to
be beneficial to both sides of the debate.
Throughout the last 12 months, my home State of Mississippi has
received Federal support from the AIP to make needed physical
improvements. A portion of these funds went to the Bobby L. Chain
Municipal Airport in Hattiesburg to rehabilitate their existing runway
pavement and lights. Other funds were allocated to the Jackson
International Airport to construct a new taxiway and apron. These
enhancements are needed. And this bill will ensure that the AIP will
continue uninterrupted. AIP's reauthorization within the Ford Act will
allow Mississippi to continue to receive funds for essential
enhancements for the upcoming year. I look forward to working with the
airport authorities in my home State to make sure that the right
improvements are made at the right airports. This is about safety and
about economic growth.
No legislative initiation is ever possible without the dedicated
efforts of staff, and I want to take a moment to identify those who
worked hard to prepare the Ford Act for consideration by the full
Senate.
From the Senate Committee on Commerce, Science, and Transportation:
Mark Buse; Ann Choiniere; Jim Drewry; Becky Kojm; John Raidt; Mike
Reynolds; Ivan Schlager; Scott Verstandig; and Sam Whitehorn.
The following staff also participated on behalf of their Senators:
David Broome; Steve Browning; Jeanne Bumpus; Nat Grubbs; Brett Hale;
Katrina Hardin; Dan Renberg; Pam Sellars; Ellen Stein; Ben Thompson;
and Clay Williams.
Mr. President, these individuals worked very hard on the Wendell H.
Ford National Air Transportation System Improvement Act of 1998 and the
Senate owes them a debt of gratitude for their dedicated service to
this legislation.
Mr. President, our Nation's small communities are a step closer to
receiving long-sought air service. Also, America's smaller, yet
important air strips and airports will be enhanced. This is good for
all Americans.
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