[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[House]
[Pages H7434-H7460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                EXTENSION OF AIRPORT IMPROVEMENT PROGRAM

  Mr. SHUSTER. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 1467) to extend the funding levels 
for aviation programs for 60 days, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  Mr. OBERSTAR. Mr. Speaker, reserving the right to object, under my 
reservation. I yield to the gentleman from Wisconsin (Mr. Obey), the 
ranking member on the Committee on Appropriations.
  (Mr. OBEY asked and was given permission to revise and extend his 
remarks.)

                              {time}  2350

  Mr. OBEY. Mr. Speaker, I thank the gentleman for yielding to me and 
let me apologize to the House ahead of time for the length of time of 
this reservation but this will in fact save time by avoiding the 
necessity to use a rule.
  Mr. Speaker, this process will have the unfortunate but completely 
avoidable effect of shutting down the Airport Improvement Program. On 
Saturday, the authorization for the airport program, AIP, will expire 
and the program will shut down for the rest of this fiscal year unless 
an extension is provided. S. 1467, as passed by the Senate, would 
provide the simple extension needed to keep this program afloat.
  Nonetheless, this process makes in order a motion to amend that 
simple extension with the text of AIR-21, the multiyear FAA 
reauthorization bill that is replete with controversial provisions, 
including taking $39 billion in spending off budget, airport slot 
extensions at O'Hare and National Airports, and other matters that will 
not be easily resolved. Since we know that no conference on the FAA 
reauthorization could possibly be completed by tomorrow, in fact the 
Senate has not even passed their version of the reauthorization bill, 
adoption of the pending motion to amend S. 1467 will have the effect of 
shutting down the AIP program.
  Mr. Speaker, last year the Committee on Appropriations sought to 
provide a full year of funding at $1.95 billion for the AIP program for 
fiscal 1999. We were denied in that effort by authorizers who insisted 
on less than a full year's funding.
  We have now had two short-term extensions of that program since the 
fiscal 1999 transportation appropriations bill was signed into law last 
year because of the authorizers refusal to agree to full-year funding. 
The first extension continued the program from March 31 through May 31 
of 1999, the second extension was included in the fiscal 1999 Emergency 
Supplemental Appropriations Act and continued the program only through 
August 6 at the insistence of the authorizing committees, despite the 
desire of the Committee on Appropriations to extend the program through 
the end of the year.
  Now we find ourselves facing yet another shutdown of the program 
because of the insistence of the Committee on Transportation and 
Infrastructure in using the AIP Program as a pawn to get the Senate to 
the conference table on AIR-21. I strongly object to the process that 
the gentleman from Pennsylvania is using to get to the conference with 
the Senate. There is no need to hold our airports hostage and deny them 
the additional funding that they are due this year because of 
disagreements over slots, off-budget provisions, and other 
controversial issues in the FAA reauthorization bill. There is 
absolutely no need to shut the an airport program down. It is 
completely avoidable. Yet that will be the result of the actions 
proposed by the gentleman.
  If the airport grant program is shut down after August 6, airports 
could lose $290 million in fiscal 1999 funding that we intended to 
provide this year. The loss of that $290 million in AIP funding would 
mean the following:
  States would not get their remaining 15 percent of their AIP 
apportionments, a loss of $54 million. That means that small commercial 
airports and general aviation airports funded by the States are 
effectively cut by 15 percent. For example, California will lose $4.5 
million; Texas will lose $3.7; New York will lose $2.3 million; 
Pennsylvania, Illinois, and Michigan will lose $1.6 million each.
  Cargo airports will not get the remaining 15 percent of their 
entitlements, a loss of $7 million.
  Noise projects will be underfunded by 30 percent, a loss of $71 
million.
  High priority capacity and safety projects, under the discretionary 
set-aside for larger airports, will be underfunded, a loss of $149 
million.
  Military airports will not get their remaining set-aside, a loss of 
$9 million.
  Mr. Speaker, I will include a list in my extension of remarks of 
airports that will be cut.
  Mr. Speaker, S. 1467, adopted by the Senate last Friday, would allow 
the airport program to continue for another 60 days through the end of 
the fiscal year and into October. This is a simple extension of the 
program that will otherwise expire, and we ought to adopt it without 
amendment.
  Mr. Speaker, I believe this action is unwise also because I strongly 
disagree with the provisions of AIR-21, which take $39 billion in 
aviation spending off budget over 4 years beginning in 2001. CBO 
estimates that $13.6 billion of this spending will come out of the 
surplus revenues and that the bill would require a downward adjustment 
in the discretionary caps of $26.5 billion over 4 years.
  We have already exhausted the on-budget surplus for fiscal 2000 due 
to emergency designations, directed scorekeeping adjustments, and other 
actions taken by the majority in the 2000 appropriations bills 
considered by the House so far.
  The tax bill just passed today assumes another $792 billion in 
surplus revenues over 10 years. Now we are apparently going to spend 
surplus revenues for aviation beginning in 2001 before we consider any 
other domestic needs for defense, cancer research, education, drug 
treatment, national parks, law enforcement or other important 
priorities. Under AIR-21, by the year 2004 aviation spending will 
consume nearly $1 out of every $4 of the projected remaining on-budget 
surplus revenues not required for the massive tax cut package just 
adopted today.
  Moreover, AIR-21 will result in $26 billion less room under the 
existing discretionary caps that are already squeezing high priority 
programs. Under the budget that the House has already adopted for the 
year 2000, a 32 percent cut would be required in programs funded under 
the labor, health, education bill. That means a $5 billion cut in NIH, 
a $1.5 million cut in Head Start, a $2.5 billion cut in Pell Grants for 
college students, and a $2.5 billion in Title I, which would cut 
reading and math to help 3.8 million students.
  Airport infrastructure is important, but do we really believe that 
airports are a higher priority than education, which could face even 
deeper cuts under the caps if AIR-21 is enacted? I certainly do not.
  What AIR-21 offers is a choice between binge buying on aviation and 
thoughtful budgeting where we carefully balance all domestic 
priorities. If my colleagues believe we should not lavish a significant 
portion of the surplus on aviation without examining the competing 
needs in education, biomedical research, veterans care and defense, 
then they will not believe this action occurring tonight is the proper 
action.
  So, Mr. Speaker, I simply state my opposition to what is happening 
here, and I thank the gentleman for his courtesy.
  Mr. Speaker, I submit for the Record the information referred to 
earlier regarding airports that will be cut:

     Pease International Tradeport in New Hampshire
     Myrtle Beach International in South Carolina

[[Page H7435]]

     Austin-Bergstrom in Texas
     Homestead Regional in Florida
     Millington International in Memphis
     Williams Gateway in Arizona
     South California Airport in California
     Alexandria International Airport in Louisiana
     Rickenbacker International Airport in Ohio
     Sawyer Airport in Michigan
     Chippewa County International in Minnesota

  Mr. OBERSTAR. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore (Mr. Pease). Is there objection to the 
request of the gentleman from Pennsylvania?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 1467

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

     SECTION 1. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM, ETC.

       (a) Authorization of Appropriations.--Section 48103 of 
     title 49, United States Code, is amended by striking 
     ``$2,050,000,000 for the period beginning October 1, 1998 and 
     ending August 6, 1999.'' and inserting ``$2,410,000,000 for 
     the fiscal year ending September 30, 1999, and $34,000,000 
     for the period beginning October 1, 1999, and ending October 
     5, 1999.''.
       (b) Obligational Authority.--Section 47104(c) of such title 
     is amended by striking ``August 6, 1999,'' and inserting 
     ``October 5, 1999,''.
       (c) Extension of Aviation Insurance Program.--Section 44310 
     of such title is amended by striking ``August 6, 1999.'' and 
     inserting ``October 5, 1999.''.
       (d) Airway Facilities Improvement Program.--Section 
     48101(a) of such title is amended by adding at the end 
     thereof the following:
       ``(4) $30,000,000 for the period beginning October 1, 1999, 
     and ending October 5, 1999.
       (e) FAA Operations.--Section 106(k) of such title is 
     amended by striking ``1999.'' and inserting ``1999, and 
     $80,000,000 for the period beginning October 1, 1999, and 
     ending October 5, 1999.''.
       (f) Liquidation of Contract Authorization.--The provision 
     of the Department of Transportation and Related Agencies 
     Appropriations Act, 1999, with the caption ``Grants-in-Aid 
     for Airports (liquidation of contract authorization) (airport 
     and airway trust fund)''  is amended by striking ``Code: 
     Provided further, That no more than $975,000,000 of funds 
     limited under this heading may be obligated prior to the 
     enactment of a bill extending contract authorization for the 
     Grants-in-Aid for Airports program to the third and fourth 
     quarters of fiscal year 1999.'' and inserting ``Code.''.


                     Motion Offered by Mr. Shuster

  Mr. SHUSTER. Mr. Speaker, I offer a motion.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. Shuster moves to strike all after the enacting clause 
     of the bill, S. 1467 and insert in lieu thereof the text of 
     H.R. 1000, as passed by the House, as follows:

                               H.R. 1000

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Aviation 
     Investment and Reform Act for the 21st Century''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Administrator defined.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

                          Subtitle A--Funding

Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Passenger facility fees.
Sec. 106. Budget submission.

                    Subtitle B--Airport Development

Sec. 121. Runway incursion prevention devices; emergency call boxes.
Sec. 122. Windshear detection equipment.
Sec. 123. Enhanced vision technologies.
Sec. 124. Pavement maintenance.
Sec. 125. Competition plans.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Aviation security program.
Sec. 134. Inherently low-emission airport vehicle pilot program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.
Sec. 137. Intermodal connections.
Sec. 138. State block grant program.
Sec. 139. Engineered materials arresting systems.

                       Subtitle C--Miscellaneous

Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. General facilities authority.
Sec. 154. Denial of airport access to certain air carriers.
Sec. 155. Construction of runways.
Sec. 156. Use of recycled materials.
Sec. 157. Aircraft noise primarily caused by military aircraft.
Sec. 158. Timely announcement of grants.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

    Subtitle A--Service to Airports Not Receiving Sufficient Service

Sec. 201. Access to high density airports.
Sec. 202. Funding for air carrier service to airports not receiving 
              sufficient service.
Sec. 203. Waiver of local contribution.
Sec. 204. Policy for air service to rural areas.
Sec. 205. Determination of distance from hub airport.

           Subtitle B--Regional Air Service Incentive Program

Sec. 211. Establishment of regional air service incentive program.

                    TITLE III--FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.
Sec. 302. Air Traffic Control Oversight Board.
Sec. 303. Chief Operating Officer.
Sec. 304. Federal Aviation Management Advisory Council.
Sec. 305. Environmental streamlining.
Sec. 306. Clarification of regulatory approval process.
Sec. 307. Independent study of FAA costs and allocations.
Sec. 308. Failure to meet rulemaking deadline.
Sec. 309. Federal Procurement Integrity Act.

                      TITLE IV--FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Applicability of Death on the High Seas Act.

                            TITLE V--SAFETY

Sec. 501. Cargo collision avoidance systems deadlines.
Sec. 502. Records of employment of pilot applicants.
Sec. 503. Whistleblower protection for FAA employees.
Sec. 504. Safety risk mitigation programs.
Sec. 505. Flight operations quality assurance rules.
Sec. 506. Small airport certification.
Sec. 507. Life-limited aircraft parts.
Sec. 508. FAA may fine unruly passengers.
Sec. 509. Report on air transportation oversight system.
Sec. 510. Airplane emergency locators.
Sec. 511. Landfills interfering with air commerce.
Sec. 512. Amendment of statute prohibiting the bringing of hazardous 
              substances aboard an aircraft.
Sec. 513. Airport safety needs.
Sec. 514. Limitation on entry into maintenance implementation 
              procedures.
Sec. 515. Occupational injuries of airport workers.
Sec. 516. Airport dispatchers.
Sec. 517. Improved training for airframe and powerplant mechanics.

                   TITLE VI--WHISTLEBLOWER PROTECTION

Sec. 601. Protection of employees providing air safety information.
Sec. 602. Civil penalty.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.
Sec. 702. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. Multiyear procurement contracts.
Sec. 705. Federal Aviation Administration personnel management system.
Sec. 706. Nondiscrimination in airline travel.
Sec. 707. Joint venture agreement.
Sec. 708. Extension of war risk insurance program.
Sec. 709. General facilities and personnel authority.
Sec. 710. Implementation of article 83 bis of the Chicago Convention.
Sec. 711. Public availability of airmen records.
Sec. 712. Appeals of emergency revocations of certificates.
Sec. 713. Government and industry consortia.
Sec. 714. Passenger manifest.
Sec. 715. Cost recovery for foreign aviation services.
Sec. 716. Technical corrections to civil penalty provisions.
Sec. 717. Waiver under Airport Noise and Capacity Act.
Sec. 718. Metropolitan Washington Airport Authority.
Sec. 719. Acquisition management system.
Sec. 720. Centennial of Flight Commission.
Sec. 721. Aircraft situational display data.
Sec. 722. Elimination of backlog of equal employment opportunity 
              complaints.

[[Page H7436]]

Sec. 723. Newport News, Virginia.
Sec. 724. Grant of easement, Los Angeles, California.
Sec. 725. Regulation of Alaska guide pilots.
Sec. 726. Aircraft repair and maintenance advisory panel.
Sec. 727. Operations of air taxi industry.
Sec. 728. Sense of the Congress concerning completion of comprehensive 
              national airspace redesign.
Sec. 729. Compliance with requirements.
Sec. 730. Aircraft noise levels at airports.
Sec. 731. FAA consideration of certain State proposals.
Sec. 732. Cincinnati-Municipal Blue Ash Airport.
Sec. 733. Aircraft and aircraft parts for use in responding to oil 
              spills.
Sec. 734. Discriminatory practices by computer reservations systems 
              outside the United States.
Sec. 735. Alkali silica reactivity distress.
Sec. 736. Procurement of private enterprise mapping, charting, and 
              geographic information systems.
Sec. 737. Land use compliance report.
Sec. 738. National transportation data center of excellence.
Sec. 739. Monroe Regional Airport land conveyance.
Sec. 740. Automated weather forecasting systems.
Sec. 741. Noise study of Sky Harbor Airport, Phoenix, Arizona.
Sec. 742. Nonmilitary helicopter noise.

             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Air tour management plans for national parks.
Sec. 804. Advisory group.
Sec. 805. Reports.
Sec. 806. Methodologies used to assess air tour noise.
Sec. 807. Exemptions.
Sec. 808. Definitions.

                      TITLE IX--TRUTH IN BUDGETING

Sec. 901. Short title.
Sec. 902. Budgetary treatment of Airport and Airway Trust Fund.
Sec. 903. Safeguards against deficit spending out of Airport and Airway 
              Trust Fund.
Sec. 904. Adjustments to discretionary spending limits.
Sec. 905. Applicability.

            TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS

Sec. 1001. Adjustment of trust fund authorizations.
Sec. 1002. Budget estimates.
Sec. 1003. Sense of the Congress on fully offsetting increased aviation 
              spending.

   TITLE XI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

Sec. 1101. Extension of expenditure authority.

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

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

     SEC. 3. APPLICABILITY.

       Except as otherwise specifically provided, this Act and the 
     amendments made by this Act shall apply only to fiscal years 
     beginning after September 30, 1999.

     SEC. 4. ADMINISTRATOR DEFINED.

       In this Act, the term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

                          Subtitle A--Funding

     SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

       (a) Authorization of Appropriations.--Section 48103 is 
     amended by striking ``shall be'' the last place it appears 
     and all that follows through the period at the end and 
     inserting the following: ``shall be--
       ``(1) $2,410,000,000 for fiscal year 1999;
       ``(2) $2,475,000,000 for fiscal year 2000;
       ``(3) $4,000,000,000 for fiscal year 2001;
       ``(4) $4,100,000,000 for fiscal year 2002;
       ``(5) $4,250,000,000 for fiscal year 2003; and
       ``(6) $4,350,000,000 for fiscal year 2004.''.
       (b) Obligational Authority.--Section 47104(c) is amended by 
     striking ``After'' and all that follows through ``1999,'' and 
     inserting ``After September 30, 2004,''.

     SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

       (a) General Authorization and Appropriations.--Effective 
     September 30, 1999, section 48101(a) is amended by striking 
     paragraphs (1), (2), and (3) and inserting the following:
       ``(1) Such sums as may be necessary for fiscal year 2000.
       ``(2) $2,500,000,000 for fiscal year 2001.
       ``(3) $3,000,000,000 for each of fiscal years 2002 through 
     2004.''.
       (b) Universal Access Systems.--Section 48101 is amended by 
     adding at the end the following:
       ``(d) Universal Access Systems.--Of the amounts 
     appropriated under subsection (a) for fiscal year 2001, 
     $8,000,000 may be used for the voluntary purchase and 
     installation of universal access systems.''.
       (c) Alaska National Air Space Communications System.--
     Section 48101 is further amended by adding at the end the 
     following:
       ``(e) Alaska National Air Space Communications System.--Of 
     the amounts appropriated under subsection (a) for fiscal year 
     2001, $7,200,000 may be used by the Administrator for the 
     Alaska National Air Space Interfacility Communications System 
     if the Administrator issues a report supporting the use of 
     such funds for the System.''.
       (d) Automated Surface Observation System/Automated Weather 
     Observing System Upgrade.--Section 48101 is further amended 
     by adding at the end the following:
       ``(f) Automated Surface Observation System/Automated 
     Weather Observing System Upgrade.--Of the amounts 
     appropriated under subsection (a) for fiscal years beginning 
     after September 30, 2000, such sums as may be necessary for 
     the implementation and use of upgrades to the current 
     automated surface observation system/automated weather 
     observing system, if the upgrade is successfully 
     demonstrated.''.

     SEC. 103. FAA OPERATIONS.

       (a) Authorization of Appropriations From General Fund.--
     Effective September 30, 1999, section 106(k) is amended--
       (1) by inserting ``(1) In general.--'' before ``There'';
       (2) in paragraph (1) (as designated by paragraph (1) of 
     this subsection) by striking ``the Administration'' and all 
     that follows through the period at the end and inserting the 
     following: ``the Administration--
       ``(A) such sums as may be necessary for fiscal year 2000;
       ``(B) $6,450,000,000 for fiscal year 2001;
       ``(C) $6,886,000,000 for fiscal year 2002;
       ``(D) $7,357,000,000 for fiscal year 2003; and
       ``(E) $7,860,000,000 for fiscal year 2004.'';
       (3) by adding at the end the following:
       ``(2) Authorized expenditures.--Of the amounts appropriated 
     under paragraph (1) for fiscal years 2001 through 2004--
       ``(A) $450,000 per fiscal year may be used for wildlife 
     hazard mitigation measures and management of the wildlife 
     strike database of the Federal Aviation Administration;
       ``(B) such sums as may be necessary may be used to fund an 
     office within the Federal Aviation Administration dedicated 
     to supporting infrastructure systems development for both 
     general aviation and the vertical flight industry;
       ``(C) such sums as may be necessary may be used to revise 
     existing terminal and en route procedures and instrument 
     flight rules to facilitate the takeoff, flight, and landing 
     of tiltrotor aircraft and to improve the national airspace 
     system by separating such aircraft from congested flight 
     paths of fixed-wing aircraft;
       ``(D) such sums as may be necessary may be used to 
     establish helicopter approach procedures using current 
     technologies (such as the Global Positioning System) to 
     support all-weather, emergency medical service for trauma 
     patients;
       ``(E) $3,000,000 per fiscal year may be used to implement 
     the 1998 airport surface operations safety action plan of the 
     Federal Aviation Administration;
       ``(F) $2,000,000 per fiscal year may be used to support a 
     university consortium established to provide an air safety 
     and security management certificate program, working 
     cooperatively with United States air carriers; except that 
     funds under this subparagraph--
       ``(i) may not be used for the construction of a building or 
     other facility; and
       ``(ii) may only be awarded on the basis of open 
     competition;
       ``(G) such sums as may be necessary may be used to develop 
     or improve training programs (including model training 
     programs and curriculum) for security screeners at airports; 
     and
       ``(H) such sums as may be necessary for the Secretary to 
     hire additional inspectors in order to enhance air cargo 
     security programs.''; and
       (4) by indenting paragraph (1) (as designated by paragraph 
     (1) of this subsection) and aligning such paragraph (1) with 
     paragraph (2) (as added by paragraph (2) of this subsection).
       (b) Authorization of Appropriations From Trust Fund.--
     Section 48104 is amended--
       (1) by striking subsection (b) and redesignating subsection 
     (c) as subsection (b);
       (2) in subsection (b) (as so redesignated)--
       (A) by striking the subsection heading and inserting 
     ``General Rule: Limitation on Trust Fund Amounts.--''; and
       (B) in the matter preceding paragraph (1)--
       (i) by striking ``The amount'' and inserting ``Except as 
     provided in subsection (c), the amount''; and
       (ii) by striking ``for each of fiscal years 1994 through 
     1998'' and inserting ``for fiscal year 2000 and each fiscal 
     year thereafter''; and
       (3) by adding at the end the following:
       ``(c) Special Rule for Fiscal Years 2000-2004.--
       ``(1) In general.--If the amount appropriated under section 
     106(k) for any of fiscal years 2000 through 2004 less the 
     amount that would be appropriated, but for this subsection, 
     from the Trust Fund for the purposes of paragraphs (1) and 
     (2) of subsection (a) for such fiscal year is greater than 
     the general fund cap, the amount appropriated from the Trust 
     Fund for the purposes of paragraphs (1) and (2) of subsection 
     (a) for such fiscal year shall equal the amount appropriated 
     under section 106(k) for such fiscal year less the general 
     fund cap.
       ``(2) General fund cap defined.--In this subsection, the 
     term `general fund cap' means that portion of the amounts 
     appropriated for programs of the Federal Aviation

[[Page H7437]]

     Administration for fiscal year 1998 that was derived from the 
     general fund of the Treasury.
       (c) Limitation on Obligating or Expending Amounts.--Section 
     48108 is amended by striking subsection (c).
       (d) Office of Airline Information.--There is authorized to 
     be appropriated from the Airport and Airway Trust Fund to the 
     Secretary $4,000,000 for fiscal years beginning after 
     September 30, 2000, to fund the activities of the Office of 
     Airline Information in the Bureau of Transportation 
     Statistics of the Department of Transportation.

     SEC. 104. AIP FORMULA CHANGES.

       (a) Discretionary Fund.--Section 47115 is amended by 
     striking subsections (g) and (h) and inserting the following:
       ``(g) Priority for Letters of Intent.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall fulfill intentions to obligate under section 47110(e) 
     with amounts available in the fund established by subsection 
     (a) and, if such amounts are not sufficient for a fiscal 
     year, with amounts made available to carry out sections 
     47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) on a pro 
     rata basis.
       ``(2) Procedure.--Before apportioning funds under sections 
     47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of each 
     fiscal year, the Secretary shall determine the amount of 
     funds that will be necessary to fulfill intentions to 
     obligate under section 47110(e) in such fiscal year. If such 
     amount is greater than the amount of funds that will be 
     available in the fund established by subsection (a) for such 
     fiscal year, the Secretary shall reduce the amount to be 
     apportioned under such sections for such fiscal year on a pro 
     rata basis by an amount equal to the difference.''.
       (b) Amounts Apportioned to Sponsors.--
       (1) Amounts to be apportioned.--Effective October 1, 2000, 
     section 47114(c)(1) is amended--
       (A) in subparagraph (A) by striking clauses (i) through (v) 
     and inserting the following:
       ``(i) $23.40 for each of the first 50,000 passenger 
     boardings at the airport during the prior calendar year;
       ``(ii) $15.60 for each of the next 50,000 passenger 
     boardings at the airport during the prior calendar year;
       ``(iii) $7.80 for each of the next 400,000 passenger 
     boardings at the airport during the prior calendar year;
       ``(iv) $1.95 for each of the next 500,000 passenger 
     boardings at the airport during the prior calendar year; and
       ``(v) $1.50 for each additional passenger boarding at the 
     airport during the prior calendar year.''; and
       (B) in subparagraph (B) by striking ``$500,000 nor more 
     than $22,000,000'' and inserting ``$1,500,000''.
       (2) Special rules.--Section 47114(c)(1) is amended by 
     adding at the end the following:
       ``(C) Notwithstanding subparagraph (A), the Secretary shall 
     apportion to an airport sponsor in a fiscal year an amount 
     equal to the amount apportioned to that sponsor in the 
     previous fiscal year if the Secretary finds that--
       ``(i) passenger boardings at the airport were less than 
     10,000 in the calendar year used to calculate the 
     apportionment;
       ``(ii) the airport had at least 10,000 passenger boardings 
     in the calendar year prior to the calendar year used to 
     calculate the apportionment; and
       ``(iii) the cause of the decrease in passenger boardings 
     was a temporary but significant interruption in service by an 
     air carrier to that airport due to an employment action, 
     natural disaster, or other event unrelated to the demand for 
     air transportation at the airport.
       ``(D) Notwithstanding subparagraph (A), the Secretary shall 
     apportion on the first day of the first fiscal year following 
     the official opening of a new airport with scheduled 
     passenger air transportation an amount equal to the minimum 
     amount set forth in subparagraph (B) to the sponsor of such 
     airport.''.
       (c) Cargo Only Airports.--Section 47114(c)(2)(A) is amended 
     by striking ``2.5 percent'' and inserting ``3 percent''.
       (d) Entitlement for General Aviation Airports.--Effective 
     October 1, 2000, section 47114(d) is amended--
       (1) in the subsection heading by striking ``to States'' and 
     inserting ``for General Aviation Airports'';
       (2) in paragraph (1) by striking ``(1) In this'' and 
     inserting ``(1) Definitions.--In this'';
       (3) by indenting paragraph (1) and aligning paragraph (1) 
     (and its subparagraphs) with paragraph (2) (as amended by 
     paragraph (2) of this subsection); and
       (4) by striking paragraph (2) and inserting the following:
       ``(2) Apportionments.--The Secretary shall apportion 20 
     percent of the amount subject to apportionment for each 
     fiscal year as follows:
       ``(A) To each airport, excluding primary airports but 
     including reliever and nonprimary commercial service 
     airports, in States the lesser of--
       ``(i) $200,000; or
       ``(ii) \1/5\ of the most recently published estimate of the 
     5-year costs for airport improvement for the airport, as 
     listed in the national plan of integrated airport systems 
     developed by the Federal Aviation Administration under 
     section 47103.
       ``(B) Any remaining amount to States as follows:
       ``(i) 0.62 percent of the remaining amount to Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and the Virgin Islands.
       ``(ii) Except as provided in paragraph (3), 49.69 percent 
     of the remaining amount for airports, excluding primary 
     airports but including reliever and nonprimary commercial 
     service airports, in States not named in clause (i) in the 
     proportion that the population of each of those States bears 
     to the total population of all of those States.
       ``(iii) Except as provided in paragraph (3), 49.69 percent 
     of the remaining amount for airports, excluding primary 
     airports but including reliever and nonprimary commercial 
     service airports, in States not named in clause (i) in the 
     proportion that the area of each of those States bears to the 
     total area of all of those States.''.
       (e) Use of Apportionments for Alaska, Puerto Rico, and 
     Hawaii.--Section 47114(d)(3) is amended to read as follows:
       ``(3) Special rule.--An amount apportioned under paragraph 
     (2) to Alaska, Puerto Rico, or Hawaii for airports in such 
     State may be made available by the Secretary for any public 
     airport in those respective jurisdictions.''.
       (f) Use of State-Apportioned Funds for System Planning.--
     Section 47114(d) is amended by adding at the end the 
     following:
       ``(4) Integrated airport system planning.--Notwithstanding 
     paragraph (2), funds made available under this subsection may 
     be used for integrated airport system planning that 
     encompasses one or more primary airports.''.
       (g) Flexibility in Pavement Construction Standards.--
       Section 47114(d) is further amended by adding at the end 
     the following:
       ``(5) Flexibility in pavement construction standards.--The 
     Secretary may permit the use of State highway specifications 
     for airfield pavement construction using funds made available 
     under this subsection at nonprimary airports serving aircraft 
     that do not exceed 60,000 pounds gross weight if the 
     Secretary determines that--
       ``(A) safety will not be negatively affected; and
       ``(B) the life of the pavement will not be shorter than it 
     would be if constructed using Federal Aviation Administration 
     standards.''.
       (h) Grants for Airport Noise Compatibility Planning.--
     Section 47117(e)(1) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``31 percent'' each place it appears and 
     inserting ``34 percent'';
       (B) in the first sentence by striking ``and for carrying 
     out'' and inserting ``, for carrying out''; and
       (C) by striking the period at the end of the first sentence 
     and inserting the following: ``, and for noise mitigation 
     projects approved in the environmental record of decision for 
     an airport development project under this chapter.''; and
       (2) in subparagraph (B) by striking ``At least'' and all 
     that follows through ``sponsors of current'' and inserting 
     ``At least 4 percent to sponsors of current''.
       (i) Supplemental Apportionment for Alaska.--Effective 
     October 1, 2000, section 47114(e) is amended--
       (1) in the subsection heading by striking ``Alternative'' 
     and inserting ``Supplemental'';
       (2) in paragraph (1)--
       (A) by striking ``Instead of apportioning amounts for 
     airports in Alaska under'' and inserting ``In general.--
     Notwithstanding'';
       (B) by striking ``those airports'' and inserting ``airports 
     in Alaska''; and
       (C) by inserting before the period at the end of the first 
     sentence ``and by increasing the amount so determined for 
     each of those airports by three times'';
       (3) in paragraph (2) by inserting ``Authority for 
     discretionary grants.--'' before ``This subsection'';
       (4) by striking paragraph (3) and inserting the following:
       ``(3) Airports eligible for funds.--An amount apportioned 
     under this subsection may be used for any public airport in 
     Alaska.''; and
       (5) by indenting paragraph (1) and aligning paragraph (1) 
     (and its subparagraphs) and paragraph (2) with paragraph (3) 
     (as amended by paragraph (4) of this subsection).
       (j) Repeal of Apportionment Limitation on Commercial 
     Service Airports in Alaska.--Section 47117 is amended by 
     striking subsection (f) and by redesignating subsections (g) 
     and (h) as subsections (f) and (g), respectively.

     SEC. 105. PASSENGER FACILITY FEES.

       (a) Authority To Impose Higher Fee.--Section 40117(b) is 
     amended by adding at the end the following:
       ``(4) Notwithstanding paragraph (1), the Secretary may 
     authorize under this section an eligible agency to impose a 
     passenger facility fee in whole dollar amounts of more than 
     $3 on each paying passenger of an air carrier or foreign air 
     carrier boarding an aircraft at an airport the agency 
     controls to finance an eligible airport-related project, 
     including making payments for debt service on indebtedness 
     incurred to carry out the project, if the Secretary finds--
       ``(A) that the project will make a significant contribution 
     to improving air safety and security, increasing competition 
     among air carriers, reducing current or anticipated 
     congestion, or reducing the impact of aviation noise on 
     people living near the airport;

[[Page H7438]]

       ``(B) that the project cannot be paid for from funds 
     reasonably expected to be available for the programs referred 
     to in section 48103; and
       ``(C) that the amount to be imposed is not more than twice 
     that which may be imposed under paragraph (1).''.
       (b) Limitation on Approval of Certain Applications.--
     Section 40117(d) is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) in the case of an application to impose a fee of more 
     than $3 for a surface transportation or terminal project, the 
     agency has made adequate provision for financing the airside 
     needs of the airport, including runways, taxiways, aprons, 
     and aircraft gates.''.
       (c) Reducing Apportionments.--Section 47114(f) is amended--
       (1) by striking ``An amount'' and inserting the following:
       ``(1) In general.--An amount'';
       (2) by striking ``an amount equal to'' and all that follows 
     through the period at the end and inserting the following: 
     ``an amount equal to--
       ``(A) in the case of a fee of $3 or less, 50 percent of the 
     projected revenues from the fee in the fiscal year but not by 
     more than 50 percent of the amount that otherwise would be 
     apportioned under this section; and
       ``(B) in the case of a fee of more than $3, 75 percent of 
     the projected revenues from the fee in the fiscal year but 
     not by more than 75 percent of the amount that otherwise 
     would be apportioned under this section.''; and
       (3) by adding at the end the following:
       ``(2) Effective date of reduction.--A reduction in an 
     apportionment required by paragraph (1) shall not take effect 
     until the first fiscal year following the year in which the 
     collection of the fee imposed under section 40117 is 
     begun.''.

     SEC. 106. BUDGET SUBMISSION.

       The Administrator shall transmit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a copy of the annual budget estimates of 
     the Federal Aviation Administration, including line item 
     justifications, at the same time the annual budget estimates 
     are submitted to the Committees on Appropriations of the 
     Senate and the House of Representatives.

                    Subtitle B--Airport Development

     SEC. 121. RUNWAY INCURSION PREVENTION DEVICES; EMERGENCY CALL 
                   BOXES.

       (a) Policy.--Section 47101(a)(11) is amended by inserting 
     ``(including integrated in-pavement lighting systems for 
     runways and taxiways and other runway and taxiway incursion 
     prevention devices)'' after ``technology''.
       (b) Maximum Use of Safety Facilities.--Section 47101(f) is 
     amended--
       (1) by striking ``and'' at the end of paragraph (9); and
       (2) by striking the period at the end of paragraph (10) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(11) runway and taxiway incursion prevention devices, 
     including integrated in-pavement lighting systems for runways 
     and taxiways.''.
       (c) Inclusion of Universal Access Systems and Emergency 
     Call Boxes as Airport Development.--Section 47102(3)(B) is 
     amended--
       (1) in clause (ii)--
       (A) by striking ``and universal access systems,'' and 
     inserting ``, universal access systems, and emergency call 
     boxes,''; and
       (B) by inserting ``and integrated in-pavement lighting 
     systems for runways and taxiways and other runway and taxiway 
     incursion prevention devices'' before the semicolon at the 
     end; and
       (2) by inserting before the semicolon at the end of clause 
     (iii) the following: ``, including closed circuit weather 
     surveillance equipment''.

     SEC. 122. WINDSHEAR DETECTION EQUIPMENT.

       Section 47102(3)(B) is further amended--
       (1) by striking ``and'' at the end of clause (v);
       (2) by striking the period at the end of clause (vi) and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(vii) windshear detection equipment;''.

     SEC. 123. ENHANCED VISION TECHNOLOGIES.

       (a) Study.--The Administrator shall conduct a study of the 
     feasibility of requiring United States airports to install 
     enhanced vision technologies to replace or enhance 
     conventional landing light systems over the 10-year period 
     following the date of completion of such study.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study conducted under 
     subsection (a), together with such recommendations as the 
     Administrator considers appropriate.
       (c) Inclusion of Installation as Airport Development.--
     Section 47102 is amended--
       (1) in paragraph (3)(B) (as amended by this Act) by adding 
     at the end the following:
       ``(viii) enhanced vision technologies that are certified by 
     the Administrator of the Federal Aviation Administration and 
     that are intended to replace or enhance conventional landing 
     light systems; and''; and
       (2) by adding at the end the following:
       ``(21) Enhanced vision technologies.--The term `enhanced 
     vision technologies' means laser guidance, ultraviolet 
     guidance, infrared, and cold cathode technologies.''.
       (d) Certification.--Not later than 180 days after the date 
     of the enactment of this Act, the Administrator shall 
     transmit to Congress a schedule for deciding whether or not 
     to certify laser guidance equipment for use as approach 
     lighting at United States airports and of cold cathode 
     lighting equipment for use as runway and taxiway lighting at 
     United States airports and as lighting at United States 
     heliports.

     SEC. 124. PAVEMENT MAINTENANCE.

       (a) Repeal of Pilot Program.--
       (1) In general.--Section 47132 is repealed.
       (2) Conforming amendment.--The analysis for chapter 471 is 
     amended by striking the item relating to section 47132.
       (b) Eligibility as Airport Development.--Section 47102(3) 
     is amended by adding at the end the following:
       ``(H) routine work to preserve and extend the useful life 
     of runways, taxiways, and aprons at airports that are not 
     primary airports, under guidelines issued by the 
     Administrator.''.

     SEC. 125. COMPETITION PLANS.

       (a) In General.--Section 47106 is amended by adding at the 
     end the following:
       ``(f) Competition Plans.--
       ``(1) Prohibition.--Beginning in fiscal year 2001, no 
     passenger facility fee may be approved for a covered airport 
     under section 40117 and no grant may be made under this 
     subchapter for a covered airport unless the airport has 
     submitted to the Secretary a written competition plan in 
     accordance with this subsection.
       ``(2) Contents.--A competition plan under this subsection 
     shall include information on the availability of airport 
     gates and related facilities, leasing and sub-leasing 
     arrangements, gate-use requirements, patterns of air service, 
     gate-assignment policy, financial constraints, airport 
     controls over air- and ground-side capacity, whether the 
     airport intends to build or acquire gates that would be used 
     as common facilities, and airfare levels (as compiled by the 
     Department of Transportation) compared to other large 
     airports.
       ``(3) Covered airport defined.--In this subsection, the 
     term `covered airport' means a commercial service airport--
       ``(A) that has more than .25 percent of the total number of 
     passenger boardings each year at all such airports; and
       ``(B) at which one or two air carriers control more than 50 
     percent of the passenger boardings.''.
       (b) Cross Reference.--Section 40117 is amended by adding at 
     the end the following:
       ``(j) Competition Plans.--Beginning in fiscal year 2001, no 
     eligible agency may impose a passenger facility fee under 
     this section with respect to a covered airport (as such term 
     is defined in section 47106(f)) unless the agency has 
     submitted to the Secretary a written competition plan in 
     accordance with such section. This subsection does not apply 
     to passenger facility fees in effect before the date of the 
     enactment of this subsection.''.

     SEC. 126. MATCHING SHARE.

       Section 47109(a) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) not more than 90 percent for a project funded by a 
     grant issued to and administered by a State under section 
     47128, relating to the State block grant program;'';
       (3) by striking ``and'' at the end of paragraph (3) (as so 
     redesignated);
       (4) by striking the period at the end of paragraph (4) (as 
     so redesignated) and inserting ``; and''; and
       (5) by adding at the end the following:
       ``(5) 100 percent in fiscal year 2001 for any project--
       ``(A) at an airport other than a primary airport; or
       ``(B) at a primary airport having less than .05 percent of 
     the total number of passenger boardings each year at all 
     commercial service airports.''.

     SEC. 127. LETTERS OF INTENT.

       Section 47110(e) is amended--
       (1) by striking paragraph (2)(C) and inserting the 
     following:
       ``(C) that meets the criteria of section 47115(d) and, if 
     for a project at a commercial service airport having at least 
     0.25 percent of the boardings each year at all such airports, 
     the Secretary decides will enhance system-wide airport 
     capacity significantly.''; and
       (2) by striking paragraph (5) and inserting the following:
       ``(5) Letters of intent.--The Secretary may not require an 
     eligible agency to impose a passenger facility fee under 
     section 40117 in order to obtain a letter of intent under 
     this section.''.

     SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

       (a) Set-Aside for Meeting Safety Terms in Airport Operating 
     Certificates.--Section 47116 is amended by adding at the end 
     the following:
       ``(e) Set-Aside for Meeting Safety Terms in Airport 
     Operating Certificates.--In the first fiscal year beginning 
     after the effective date of regulations issued to carry out 
     section 44706(b) with respect to airports described in 
     section 44706(a)(2), and in each of the next 4 fiscal years, 
     the lesser of $15,000,000 or 20 percent of the amounts that 
     would otherwise be distributed to sponsors of airports under 
     subsection (b)(2) shall be used to assist the airports in 
     meeting the terms established by the regulations. If the 
     Secretary publishes in the Federal Register a finding that 
     all the terms established by the regulations have been met, 
     this subsection

[[Page H7439]]

     shall cease to be effective as of the date of such 
     publication.''.
       (b) Notification of Source of Grant.--Section 47116 is 
     further amended by adding at the end the following:
       ``(f) Notification of Source of Grant.--Whenever the 
     Secretary makes a grant under this section, the Secretary 
     shall notify the recipient of the grant, in writing, that the 
     source of the grant is from the small airport fund.''.
       (c) Technical Amendments.--Section 47116(d) is amended--
       (1) by striking ``In making'' and inserting the following:
       ``(1) Construction of new runways.--In making'';
       (2) by adding at the end the following:
       ``(2) Airport development for turbine powered aircraft.--In 
     making grants to sponsors described in subsection (b)(1), the 
     Secretary shall give priority consideration to airport 
     development projects to support operations by turbine powered 
     aircraft, if the non-Federal share of the project is at least 
     40 percent.''; and
       (3) by aligning the remainder of paragraph (1) (as 
     designated by paragraph (1) of this subsection) with 
     paragraph (2) (as added by paragraph (2) of this subsection).

     SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.

       Section 47117(f) (as redesignated by section 104(j) of this 
     Act) is amended to read as follows:
       ``(f) Discretionary Use of Apportionments.--
       ``(1) In general.--Subject to paragraph (2), if the 
     Secretary finds that all or part of an amount of an 
     apportionment under section 47114 is not required during a 
     fiscal year to fund a grant for which the apportionment may 
     be used, the Secretary may use during such fiscal year the 
     amount not so required to make grants for any purpose for 
     which grants may be made under section 48103. The finding may 
     be based on the notifications that the Secretary receives 
     under section 47105(f) or on other information received from 
     airport sponsors.
       ``(2) Restoration of apportionments.--
       ``(A) In general.--If the fiscal year for which a finding 
     is made under paragraph (1) with respect to an apportionment 
     is not the last fiscal year of availability of the 
     apportionment under subsection (b), the Secretary shall 
     restore to the apportionment an amount equal to the amount of 
     the apportionment used under paragraph (1) for a 
     discretionary grant whenever a sufficient amount is made 
     available under section 48103.
       ``(B) Period of availability.--If restoration under this 
     paragraph is made in the fiscal year for which the finding is 
     made or the succeeding fiscal year, the amount restored shall 
     be subject to the original period of availability of the 
     apportionment under subsection (b). If the restoration is 
     made thereafter, the amount restored shall remain available 
     in accordance with subsection (b) for the original period of 
     availability of the apportionment, plus the number of fiscal 
     years during which a sufficient amount was not available for 
     the restoration.
       ``(3) Newly available amounts.--
       ``(A) Restored amounts to be unavailable for discretionary 
     grants.--Of an amount newly available under section 48103 of 
     this title, an amount equal to the amounts restored under 
     paragraph (2) shall not be available for discretionary grant 
     obligations under section 47115.
       ``(B) Use of remaining amounts.--Subparagraph (A) does not 
     impair the Secretary's authority under paragraph (1), after a 
     restoration under paragraph (2), to apply all or part of a 
     restored amount that is not required to fund a grant under an 
     apportionment to fund discretionary grants.
       ``(4) Limitations on obligations apply.--Nothing in this 
     subsection shall be construed to authorize the Secretary to 
     incur grant obligations under section 47104 for a fiscal year 
     in an amount greater than the amount made available under 
     section 48103 for such obligations for such fiscal year.''.

     SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

       (a) In General.--Section 47118 is amended--
       (1) in subsection (a) by striking ``12'' and inserting ``15 
     for fiscal year 2000 and 20 for each fiscal year 
     thereafter'';
       (2) by striking subsection (c) and redesignating 
     subsections (d) through (f) as subsections (c) through (e), 
     respectively;
       (3) in subsection (c) (as so redesignated)--
       (A) by striking ``47117(e)(1)(E)'' and inserting 
     ``47117(e)(1)(B)'';
       (B) by striking ``5-fiscal-year periods'' and inserting 
     ``periods, each not to exceed 5 fiscal years,''; and
       (C) by striking ``each such subsequent 5-fiscal-year 
     period'' and inserting ``each such subsequent period''; and
       (4) by adding at the end the following:
       ``(f) Designation of General Aviation Airport.--
     Notwithstanding any other provision of this section, 1 
     airport of the airports designated under subsection (a) for 
     fiscal year 2000 and 3 airports for each fiscal year 
     thereafter shall be general aviation airports that were 
     former military installations closed or realigned under a 
     section referred to in subsection (a)(1).''.
       (b) Terminal Building Facilities.--Section 47118(d) (as 
     redesignated by subsection (a)(2) of this section) is amended 
     by striking ``$5,000,000'' and inserting ``$7,000,000''.
       (c) Eligibility of Air Cargo Terminals.--Section 47118(e) 
     (as redesignated by subsection (a)(2) of this section) is 
     amended--
       (1) in subsection heading by striking ``and Hangars'' and 
     inserting ``Hangars, and Air Cargo Terminals'';
       (2) by striking ``$4,000,000'' and inserting 
     ``$7,000,000''; and
       (3) by inserting after ``hangars'' the following: ``and air 
     cargo terminals of an area that is 50,000 square feet or 
     less''.

     SEC. 131. CONTRACT TOWER COST-SHARING.

       Section 47124(b) is amended by adding at the end the 
     following:
       ``(3) Contract air traffic control tower pilot program.--
       ``(A) In general.--The Secretary shall establish a pilot 
     program to contract for air traffic control services at Level 
     I air traffic control towers, as defined by the Administrator 
     of the Federal Aviation Administration, that do not qualify 
     for the Contract Tower program established under subsection 
     (a) and continued under paragraph (1) (hereafter in this 
     paragraph referred to as the `Contract Tower Program').
       ``(B) Program components.--In carrying out the pilot 
     program established under subparagraph (A), the Administrator 
     shall--
       ``(i) utilize for purposes of cost-benefit analyses, 
     current, actual, site-specific data, forecast estimates, or 
     airport master plan data provided by a facility owner or 
     operator and verified by the Administrator;
       ``(ii) approve for participation only facilities willing to 
     fund a pro rata share of the operating costs of the air 
     traffic control tower to achieve a one-to-one benefit-to-cost 
     ratio, as required for eligibility under the Contract Tower 
     Program; and
       ``(iii) approve for participation no more than two 
     facilities willing to fund up to 50 percent, but not less 
     than 25 percent, of construction costs for an air traffic 
     control tower built by the airport operator and for each of 
     such facilities the Federal share of construction cost does 
     not exceed $1,100,000.
       ``(C) Priority.--In selecting facilities to participate in 
     the program under this paragraph, the Administrator shall 
     give priority to the following:
       ``(i) Air traffic control towers that are participating in 
     the Contract Tower Program but have been notified that they 
     will be terminated from such program because the 
     Administration has determined that the benefit-to-cost ratio 
     for their continuation in such program is less than 1.0.
       ``(ii) Air traffic control towers that the Administrator 
     determines have a benefit-to-cost ratio of at least .85.
       ``(iii) Air traffic control towers of the Federal Aviation 
     Administration that are closed as a result of the air traffic 
     controllers strike in 1981.
       ``(iv) Air traffic control towers that are located at 
     airports or points at which an air carrier is receiving 
     compensation under the essential air service program under 
     this chapter.
       ``(v) Air traffic control towers located at airports that 
     are prepared to assume partial responsibility for maintenance 
     costs.
       ``(vi) Air traffic control towers that are located at 
     airports with safety or operational problems related to 
     topography, weather, runway configuration, or mix of 
     aircraft.
       ``(D) Costs exceeding benefits.--If the costs of operating 
     an air traffic tower under the pilot program established 
     under this paragraph exceed the benefits, the airport sponsor 
     or State or local government having jurisdiction over the 
     airport shall pay the portion of the costs that exceed such 
     benefit.
       ``(E) Funding.--Of the amounts appropriated pursuant to 
     section 106(k), not to exceed $6,000,000 per fiscal year may 
     be used to carry out this paragraph.''.

     SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

       (a) In General.--Subchapter I of chapter 471 is amended by 
     adding at the end the following:

     ``Sec. 47135. Innovative financing techniques

       ``(a) In General.--The Secretary of Transportation may 
     approve applications for not more than 25 airport development 
     projects for which grants received under this subchapter may 
     be used for innovative financing techniques. Such projects 
     shall be located at airports that each year have less than 
     .25 percent of the total number of passenger boardings each 
     year at all commercial service airports.
       ``(b) Purpose.--The purpose of grants made under this 
     section shall be to provide information on the benefits and 
     difficulties of using innovative financing techniques for 
     airport development projects.
       ``(c) Limitations.--
       ``(1) No guarantees.--In no case shall the implementation 
     of an innovative financing technique under this section be 
     used in a manner giving rise to a direct or indirect 
     guarantee of any airport debt instrument by the United States 
     Government.
       ``(2) Types of techniques.--In this section, innovative 
     financing techniques are limited to--
       ``(A) payment of interest;
       ``(B) commercial bond insurance and other credit 
     enhancement associated with airport bonds for eligible 
     airport development; and
       ``(C) flexible non-Federal matching requirements.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 471 is amended by adding at the end the following:

``47135. Innovative financing techniques.''.

     SEC. 133. AVIATION SECURITY PROGRAM.

       (a) In General.--Subchapter I of chapter 471 is further 
     amended by adding the following new section:

[[Page H7440]]

     ``Sec. 47136. Aviation security program

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

``47136. Aviation security program.''.

     SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT 
                   PROGRAM.

       (a) In General.--Subchapter I of chapter 471 is further 
     amended by adding at the end the following:

     ``Sec. 47137. Inherently low-emission airport vehicle pilot 
       program

       ``(a) In General.--The Secretary of Transportation shall 
     carry out a pilot program at not more than 10 public-use 
     airports under which the sponsors of such airports may use 
     funds made available under section 48103 for use at such 
     airports to carry out inherently low-emission vehicle 
     activities. Notwithstanding any other provision of this 
     subchapter, inherently low-emission vehicle activities shall 
     for purposes of the pilot program be treated as eligible for 
     assistance under this subchapter.
       ``(b) Location in Air Quality Nonattainment Areas.--A 
     public-use airport shall be eligible for participation in the 
     pilot program only if the airport is located in an air 
     quality nonattainment area (as defined in section 171(2) of 
     the Clean Air Act (42 U.S.C. 7501(d)).
       ``(c) Selection Criteria.--In selecting from among 
     applicants for participation in the pilot program, the 
     Secretary shall give priority consideration to applicants 
     that will achieve the greatest air quality benefits measured 
     by the amount of emissions reduced per dollar of funds 
     expended under the pilot program.
       ``(d) Technical Assistance.--
       ``(1) In general.--The sponsor of a public-use airport 
     carrying out inherently low-emission vehicle activities under 
     the pilot program may use not to exceed 10 percent of the 
     amounts made available for expenditure at the airport in a 
     fiscal year under the pilot program to receive technical 
     assistance in carrying out such activities.
       ``(2) Eligible consortium.--To the maximum extent 
     practicable, a sponsor shall use an eligible consortium (as 
     defined in section 5506 of this title) in the region of the 
     airport to receive technical assistance described in 
     paragraph (1).
       ``(e) United States Government's Share.--Notwithstanding 
     any other provision of this subchapter, the United States 
     Government's share of the costs of a project carried out 
     under the pilot program shall be 50 percent.
       ``(f) Maximum Amount.--Not more than $2,000,000 may be 
     expended under the pilot program at any single public-use 
     airport.
       ``(g) Report to Congress.--Not later than 18 months after 
     the date of the enactment of this section, the Secretary 
     shall transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report containing an evaluation of the effectiveness 
     of the pilot program.
       ``(h) Inherently Low-Emission Vehicle Activity Defined.--In 
     this section, the term `inherently low-emission vehicle 
     activity' means--
       ``(1) the construction of infrastructure facilities 
     necessary for the use of vehicles that are certified as 
     inherently low-emission vehicles under title 40 of the Code 
     of Federal Regulations, that are labeled in accordance with 
     section 88.312-93(c) of such title, and that are located or 
     primarily used at public-use airports;
       ``(2) the payment of that portion of the cost of acquiring 
     such vehicles that exceeds the cost of acquiring other 
     vehicles that would be used for the same purpose; or
       ``(3) the acquisition of technological equipment necessary 
     for the use of vehicles described in paragraph (1).''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 471 is further amended by adding at the end the 
     following:

``47137. Inherently low-emission airport vehicle pilot program.''.

     SEC. 135. TECHNICAL AMENDMENTS.

       (a) Continuation of Project Funding.--Section 47108 is 
     amended by adding at the end the following:
       ``(e) Change in Airport Status.--In the event that the 
     status of a primary airport changes to a nonprimary airport 
     at a time when a terminal development project under a 
     multiyear agreement under subsection (a) is not yet 
     completed, the project shall remain eligible for funding from 
     discretionary funds under section 47115 at the funding level 
     and under the terms provided by the agreement, subject to the 
     availability of funds.''.
       (b) Passenger Facility Fee Waiver for Certain Class of 
     Carriers or for Service to Airports in Isolated 
     Communities.--Section 40117(i) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) may permit a public agency to request that collection 
     of a passenger facility fee be waived for--
       ``(A) passengers enplaned by any class of air carrier or 
     foreign air carrier if the number of passengers enplaned by 
     the carrier in the class constitutes not more than 1 percent 
     of the total number of passengers enplaned annually at the 
     airport at which the fee is imposed; or
       ``(B) passengers traveling to an airport--
       ``(i) that has fewer than 2,500 passenger boardings each 
     year and receives scheduled passenger service; and
       ``(ii) in a community which has a population of less than 
     10,000 and is not connected by a land highway to the land-
     connected National Highway System within a State.''.

     SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC 
                   AIRPORTS.

       (a) Project Grant Assurances.--Section 47107(h) is amended 
     by inserting ``(including an assurance with respect to 
     disposal of land by an airport owner or operator under 
     subsection (c)(2)(B) without regard to whether or not the 
     assurance or grant was made before December 29, 1987)'' after 
     ``1987''.
       (b) Conveyances of United States Government Land.--Section 
     47125(a) is amended by adding at the end the following: ``The 
     Secretary may only release an option of the United States for 
     a reversionary interest under this subsection after providing 
     notice and an opportunity for public comment. The Secretary 
     shall publish in the Federal Register any decision of the 
     Secretary to release a reversionary interest and the reasons 
     for the decision.''.
       (c) Requests by Public Agencies.--Section 47151 is amended 
     by adding at the end the following:
       ``(d) Requests by Public Agencies.--Except with respect to 
     a request made by another department, agency, or 
     instrumentality of the executive branch of the United States 
     Government, such a department, agency, or instrumentality 
     shall give priority consideration to a request made by a 
     public agency (as defined in section 47102) for surplus 
     property described in subsection (a) for use at a public 
     airport.''.
       (d) Notice and Public Comment; Publication of Decisions.--
     Section 47153(a) is amended--
       (1) in paragraph (1) by inserting ``, after providing 
     notice and an opportunity for public comment,'' after ``if 
     the Secretary decides''; and
       (2) by adding at the end the following:
       ``(3) Publication of decisions.--The Secretary shall 
     publish in the Federal Register any decision to waive a term 
     under paragraph (1) and the reasons for the decision.''.
       (e) Considerations.--Section 47153 is amended by adding at 
     the end the following:
       ``(c) Considerations.--In deciding whether to waive a term 
     required by section 47152 or add another term, the Secretary 
     shall consider the current and future needs of the users of 
     the airport.''.
       (f) References to Gifts.--Chapter 471 is amended--
       (1) in section 47151--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1) by striking 
     ``give'' and inserting ``convey to''; and
       (ii) in paragraph (2) by striking ``gift'' and inserting 
     ``conveyance'';
       (B) in subsection (b)--
       (i) by striking ``giving'' and inserting ``conveying''; and
       (ii) by striking ``gift'' and inserting ``conveyance''; and
       (C) in subsection (c)--
       (i) in the subsection heading by striking ``Given'' and 
     inserting ``Conveyed''; and
       (ii) by striking ``given'' and inserting ``conveyed'';
       (2) in section 47152--
       (A) in the section heading by striking ``gifts'' and 
     inserting ``conveyances''; and
       (B) in the matter preceding paragraph (1) by striking 
     ``gift'' and inserting ``conveyance'';

[[Page H7441]]

       (3) in section 47153(a)(1)--
       (A) by striking ``gift'' each place it appears and 
     inserting ``conveyance''; and
       (B) by striking ``given'' and inserting ``conveyed''; and
       (4) in the analysis for such chapter by striking the item 
     relating to section 47152 and inserting the following:

``47152. Terms of conveyances.''.

     SEC. 137. INTERMODAL CONNECTIONS.

       (a) Airport Improvement Policy.--Section 47101(a)(5) is 
     amended to read as follows:
       ``(5) to encourage the development of intermodal 
     connections between airports and other transportation modes 
     and systems to promote economic development in a way that 
     will serve States and local communities efficiently and 
     effectively;''.
       (b) Airport Development Defined.--Section 47102(3) is 
     further amended by adding at the end the following:
       ``(I) constructing, reconstructing, or improving an 
     airport, or purchasing capital equipment for an airport, for 
     the purpose of transferring passengers, cargo, or baggage 
     between the airport and ground transportation modes.''.

     SEC. 138. STATE BLOCK GRANT PROGRAM.

       Section 47128(a) is amended by striking ``9 qualified'' and 
     inserting ``10 qualified''.

     SEC. 139. ENGINEERED MATERIALS ARRESTING SYSTEMS.

       (a) Eligibility.--Section 47102(3)(B) (as amended by this 
     Act) is amended by adding at the end the following:
       ``(ix) engineered materials arresting systems as described 
     in the Advisory Circular No. 150/5220-22 published by the 
     Federal Aviation Administration on August 21, 1998.''.
       (b) Rulemaking.--The Administrator shall initiate a 
     rulemaking proceeding to consider revisions to part 139 of 
     title 14, Code of Federal Regulations, to improve runway 
     safety through the use of engineered materials arresting 
     systems, longer runways, and such other techniques as the 
     Administrator considers appropriate.

                       Subtitle C--Miscellaneous

     SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED 
                   PROJECTS.

       Section 40117(a)(3)(E) is amended--
       (1) by striking ``and'' and inserting a comma; and
       (2) by striking the period at the end and inserting the 
     following: ``(including structural foundations and floor 
     systems, exterior building walls and load-bearing interior 
     columns or walls, windows, door and roof systems, and 
     building utilities (including heating, air conditioning, 
     ventilation, plumbing, and electrical service)), and aircraft 
     fueling facilities adjacent to the gate.''.

     SEC. 152. TERMINAL DEVELOPMENT COSTS.

       (a) With Respect to Passenger Facility Charges.--Section 
     40117(a)(3) is further amended--
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) for costs of terminal development referred to in 
     subparagraph (B) incurred after August 1, 1986, at an airport 
     that did not have more than .25 percent of the total annual 
     passenger boardings in the United States in the most recent 
     calendar year for which data is available and at which total 
     passenger boardings declined by at least 16 percent between 
     calendar year 1989 and calendar year 1997;''.
       (b) Repaying Borrowed Money.--Section 47119(a) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``0.05'' and inserting ``0.25''; and
       (B) by striking ``between January 1, 1992, and October 31, 
     1992,'' and inserting ``between August 1, 1986, and September 
     30, 1990, or between June 1, 1991, and October 31, 1992,''; 
     and
       (2) in paragraph (1)(B) by striking ``an airport 
     development project outside the terminal area at that 
     airport'' and inserting ``any needed airport development 
     project affecting safety, security, or capacity''.
       (c) Nonhub Airports.--Section 47119(c) is amended by 
     striking ``0.05'' and inserting ``0.25''.
       (d) Nonprimary Commercial Service Airports.--Section 47119 
     is amended by adding at the end the following:
       ``(d) Determination of Passenger Boarding at Commercial 
     Service Airport.--For the purpose of determining whether an 
     amount may be distributed for a fiscal year from the 
     discretionary fund in accordance with subsection (b)(2)(A) to 
     a commercial service airport, the Secretary shall make the 
     determination of whether or not a public airport is a 
     commercial service airport on the basis of the number of 
     passenger boardings and type of air service at the public 
     airport in the calendar year that includes the first day of 
     such fiscal year or the preceding calendar year, whichever is 
     more beneficial to the airport.''.

     SEC. 153. GENERAL FACILITIES AUTHORITY.

       (a) Continuation of ILS Inventory Program.--Section 
     44502(a)(4)(B) is amended--
       (1) by striking ``each of fiscal years 1995 and 1996'' and 
     inserting ``each of fiscal years 2000 through 2002''; and
       (2) by inserting ``under new or existing contracts'' after 
     ``including acquisition''.
       (b) Loran-C Navigation Facilities.--Section 44502(a) is 
     amended by adding at the end the following:
       ``(5) Maintenance and upgrade of loran-c navigation 
     facilities.--The Secretary shall maintain and upgrade Loran-C 
     navigation facilities throughout the transition period to 
     satellite-based navigation.''.

     SEC. 154. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.

       Section 44706 is amended by adding at the end the 
     following:
       ``(g) Included Charter Air Transportation.--For the 
     purposes of subsection (a)(2), a scheduled passenger 
     operation includes charter air transportation for which the 
     general public is provided in advance a schedule containing 
     the departure location, departure time, and arrival location 
     of the flights.
       ``(h) Authority To Preclude Scheduled Passenger 
     Operations.--The Administrator shall permit an airport that 
     will be subject to certification under subsection (a)(2) to 
     preclude scheduled passenger operations (including public 
     charter operations described in subsection (g)) at the 
     airport if the airport notifies the Administrator, in 
     writing, that it does not intend to obtain an airport 
     operating certificate.''.

     SEC. 155. CONSTRUCTION OF RUNWAYS.

       Notwithstanding any provision of law that specifically 
     restricts the number of runways at a single international 
     airport, the Secretary of Transportation may obligate funds 
     made available under chapters 471 and 481 of title 49, United 
     States Code, for any project to construct a new runway at 
     such airport, unless this section is expressly repealed.

     SEC. 156. USE OF RECYCLED MATERIALS.

       (a) Study.--The Administrator shall conduct a study of the 
     use of recycled materials (including recycled pavements, 
     waste materials, and byproducts) in pavement used for 
     runways, taxiways, and aprons and the specification standards 
     in tests necessary for the use of recycled materials in such 
     pavement. The primary focus of the study shall be on the long 
     term physical performance, safety implications, and 
     environmental benefits of using recycled materials in 
     aviation pavement.
       (b) Contracting.--The Administrator may carry out the study 
     under this section by entering into a contract with a 
     university of higher education with expertise necessary to 
     carry out the study.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study conducted under 
     this section together with recommendations concerning the use 
     of recycled materials in aviation pavement.
       (d) Funding.--Of the amounts appropriated pursuant to 
     section 106(k), not to exceed $1,500,000 in the aggregate may 
     be used to carry out this section.

     SEC. 157. AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY 
                   AIRCRAFT.

       Section 47504(c) is amended by adding at the end the 
     following:
       ``(6) Aircraft noise primarily caused by military 
     aircraft.--The Administrator may make a grant under this 
     subsection for a project even if the purpose of the project 
     is to mitigate the effect of noise primarily caused by 
     military aircraft at an airport.''.

     SEC. 158. TIMELY ANNOUNCEMENT OF GRANTS.

       The Secretary of Transportation shall announce the making 
     of grants with funds made available under section 48103 of 
     title 49, United States Code, in a timely fashion after 
     receiving necessary documentation for the making of such 
     grants from the Administrator.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

    Subtitle A--Service to Airports Not Receiving Sufficient Service

     SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.

       (a) Phaseout of Slot Rule for O'Hare, LaGuardia, and 
     Kennedy Airports.--Section 41714 is amended by adding at the 
     end the following:
       ``(j) Phaseout of Slot Rule for O'Hare, LaGuardia, and 
     Kennedy Airports.--
       ``(1) O'hare airport.--The slot rule shall be of no force 
     and effect at O'Hare International Airport--
       ``(A) effective March 1, 2000--
       ``(i) with respect to a regional jet aircraft providing air 
     transportation between O'Hare International Airport and a 
     small hub or nonhub airport--

       ``(I) if the operator of the regional jet aircraft was not 
     providing such air transportation during the week of June 15, 
     1999; or
       ``(II) if the level of air transportation to be provided 
     between such airports by the operator of the regional jet 
     aircraft during any week will exceed the level of air 
     transportation provided by such operator between such 
     airports during the week of June 15, 1999; and

       ``(ii) with respect to any aircraft providing foreign air 
     transportation;
       ``(B) effective March 1, 2001, with respect to any aircraft 
     operating before 2:45 post meridiem and after 8:15 post 
     meridiem; and
       ``(C) effective March 1, 2002, with respect to any 
     aircraft.
       ``(2) Laguardia and kennedy.--The slot rule shall be of no 
     force and effect at LaGuardia Airport or John F. Kennedy 
     International Airport--
       ``(A) effective March 1, 2000, with respect to a regional 
     jet aircraft providing air transportation between LaGuardia 
     Airport or John F. Kennedy International Airport and a small 
     hub or nonhub airport--

       ``(I) if the operator of the regional jet aircraft was not 
     providing such air transportation during the week of June 15, 
     1999; or

[[Page H7442]]

       ``(II) if the level of air transportation to be provided 
     between such airports by the operator of the regional jet 
     aircraft during any week will exceed the level of air 
     transportation provided by such operator between such 
     airports during the week of June 15, 1999; and

       ``(B) effective January 1, 2007, with respect to any 
     aircraft.''.
       (b) Additional Exemptions From Slot Rule.--Section 41714 is 
     amended by striking subsections (e) and (f) and inserting the 
     following:
       ``(e) Additional Exemptions From Slot Rule.--
       ``(1) Slot exemptions for airports not receiving sufficient 
     service.--
       ``(A) In general.--Notwithstanding chapter 491, the 
     Secretary may by order grant exemptions from the slot rule 
     for Ronald Reagan Washington National Airport and O'Hare 
     International Airport to enable air carriers to provide 
     nonstop air transportation using jet aircraft that comply 
     with the stage 3 noise levels of part 36 of title 14, Code of 
     Federal Regulations, between the airport and a small hub or 
     nonhub airport that the Secretary determines has (i) 
     insufficient air carrier service to and from Reagan National 
     Airport or O'Hare International Airport, as the case may be, 
     or (ii) unreasonably high airfares.
       ``(B) Number of slot exemptions to be granted.--
       ``(i) Reagan national.--

       ``(I) Maximum number of exemptions.--No more than 2 
     exemptions from the slot rule per hour and no more than 6 
     exemptions from the slot rule per day may be granted under 
     this paragraph for Ronald Reagan Washington National Airport.
       ``(II) Maximum distance of flights.--An exemption from the 
     slot rule may be granted under this paragraph for Ronald 
     Reagan Washington National Airport only if the flight 
     utilizing the exemption begins or ends within 1,250 miles of 
     such airport and a stage 3 aircraft is used for such flight.

       ``(ii) O'Hare airport.--20 exemptions from the slot rule 
     per day shall be granted under this paragraph for O'Hare 
     International Airport.
       ``(2) Slot exemptions at o'hare for new entrant air 
     carriers.--
       ``(A) In general.--The Secretary shall grant 30 exemptions 
     from the slot rule to enable new entrant air carriers to 
     provide air transportation at O'Hare International Airport 
     using stage 3 aircraft.
       ``(B) Priority consideration.--In granting exemptions under 
     this paragraph, the Secretary shall give priority 
     consideration to an application from an air carrier that, as 
     of June 15, 1999, operated or held fewer than 20 slots at 
     O'Hare International Airport.
       ``(3) Insufficient applications.--If, on the 180th day 
     following the date of the enactment of the Aviation 
     Investment and Reform Act for the 21st Century, the Secretary 
     has not granted all of the exemptions from the slot rule made 
     available under this subsection at an airport because an 
     insufficient number of eligible applicants have submitted 
     applications for the exemptions, the Secretary may grant the 
     remaining exemptions at the airport to any air carrier 
     applying for the exemptions for the provision of any type of 
     air transportation. An exemption granted under paragraph (1) 
     or (2) pursuant to this paragraph may be reclaimed by the 
     Secretary for issuance in accordance with the terms of 
     paragraph (1) or (2), as the case may be, if subsequent 
     applications under paragraph (1) or (2), as the case maybe, 
     so warrant.
       ``(f) Requirements Relating to Additional Slot 
     Exemptions.--
       ``(1) Applications.--An air carrier interested in obtaining 
     an exemption from the slot rule under subsection (e) shall 
     submit to the Secretary an application for the exemption. No 
     application may be submitted to the Secretary under 
     subsection (e) before the last day of the 30-day period 
     beginning on the date of the enactment of the Aviation 
     Investment and Reform Act for the 21st Century.
       ``(2) Period of effectiveness.--An exemption from the slot 
     rule granted under subsection (e) shall remain in effect only 
     while the air carrier for whom the exemption is granted 
     continues to provide the air transportation for which the 
     exemption is granted.
       ``(3) Treatment of certain commuter air carriers.--The 
     Secretary shall treat all commuter air carriers that have 
     cooperative agreements, including code share agreements with 
     other air carriers, equally for determining eligibility for 
     exemptions from the slot rule under subsection (e) regardless 
     of the form of the corporate relationship between the 
     commuter air carrier and the other air carrier.''.
       (c) Definitions.--
       (1) In general.--Section 41714(h) is amended by adding at 
     the end the following:
       ``(5) Nonhub airport.--The term `nonhub airport' means an 
     airport that each year has less than .05 percent of the total 
     annual boardings in the United States.
       ``(6) Regional jet aircraft.--The term `regional jet 
     aircraft' means a 2-engine jet aircraft with a design 
     capacity of 70 or fewer seats, manufactured after January 1, 
     1992, that has an effective perceived noise level on takeoff 
     not exceeding 83 decibels when measured according to the 
     procedures described in part 36 of title 14, Code of Federal 
     Regulations.
       ``(7) Slot rule.--The term `slot rule' means the 
     requirements of subparts K and S of part 93 of title 14, Code 
     of Federal Regulations.
       ``(8) Small hub airport.--The term `small hub airport' 
     means an airport that each year has at least .05 percent, but 
     less than .25 percent, of the total annual boardings in the 
     United States.
       ``(9) Unreasonably high airfare.--The term `unreasonably 
     high airfare', as used with respect to an airport, means that 
     the airfare listed in the table entitled `Top 1,000 City-Pair 
     Market Summarized by City', contained in the Domestic Airline 
     Fares Consumer Report of the Department of Transportation, 
     for one or more markets for which the airport is a part of 
     has an average yield listed in such table that is more than 
     19 cents.''.
       (2) Regulatory definition of limited incumbent carrier.--
     The Secretary shall modify the definition of the term 
     ``limited incumbent carrier'' in subpart S of part 93 of 
     title 14, Code of Federal Regulations, to require an air 
     carrier or commuter operator to hold or operate fewer than 20 
     slots (instead of 12 slots) to meet the criteria of the 
     definition. For purposes of this section, such modification 
     shall be treated as in effect on the date of the enactment of 
     this Act.
       (d) Prohibition on Slot Withdrawals.--Section 41714(b) is 
     amended--
       (1) in paragraph (2)--
       (A) by inserting ``at O'Hare International Airport'' after 
     ``a slot''; and
       (B) by striking ``if the withdrawal'' and all that follows 
     before the period; and
       (2) by striking paragraph (4) and inserting the following:
       ``(4) Conversion of slots.--Effective March 1, 2000, slots 
     at O'Hare International Airport allocated to an air carrier 
     as of June 15, 1999, to provide foreign air transportation 
     shall be made available to such carrier to provide interstate 
     or intrastate air transportation.''.
       (e) Conforming Amendments.--Section 41714(c) is amended--
       (1) by striking ``Slots for New Entrants.--'' and all that 
     follows through ``If the'' and inserting ``Slots for New 
     Entrants.--If the''; and
       (2) by striking paragraph (2).
       (f) Amendments Reflecting Phaseout of Slot Rule for Certain 
     Airports.--Effective January 1, 2007, section 41714 is 
     amended--
       (1) by striking subsections (a), (b), (c), (e), (f), (g), 
     (h), and (i);
       (2) by redesignating subsections (d) and (j) as subsections 
     (a) and (b), respectively;
       (3) in the heading for subsection (a) (as so redesignated) 
     by striking ``Special Rules for''; and
       (4) by adding at the end the following:
       ``(c) Definitions.--
       ``(1) Nonhub airport.--The term `nonhub airport' means an 
     airport that each year has less than .05 percent of the total 
     annual boardings in the United States.
       ``(2) Regional jet aircraft.--The term `regional jet 
     aircraft' means a 2-engine jet aircraft with a design 
     capacity of 70 or fewer seats, manufactured after January 1, 
     1992, that has an effective perceived noise level on takeoff 
     not exceeding 83 decibels when measured according to the 
     procedures described in part 36 of title 14, Code of Federal 
     Regulations.
       ``(3) Slot.--The term `slot' means a reservation for an 
     instrument flight rule takeoff or landing by an air carrier 
     or an aircraft in air transportation.''.
       ``(4) Slot rule.--The term `slot rule' means the 
     requirements of subparts K and S of part 93 of title 14, Code 
     of Federal Regulations (pertaining to slots at high density 
     airports).
       ``(5) Small hub airport.--The term `small hub airport' 
     means an airport that each year has at least .05 percent, but 
     less than .25 percent, of the total annual boardings in the 
     United States.
       ``(6) Unreasonably high airfare.--The term `unreasonably 
     high airfare', as used with respect to an airport, means that 
     the airfare listed in the table entitled `Top 1,000 City-Pair 
     Market Summarized by City', contained in the Domestic Airline 
     Fares Consumer Report of the Department of Transportation, 
     for one or more markets for which the airport is a part of 
     has an average yield listed in such table that is more than 
     19 cents.''.

     SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT 
                   RECEIVING SUFFICIENT SERVICE.

       (a) Funding for Airports Not Receiving Sufficient 
     Service.--Chapter 417 is amended by adding at the end the 
     following:

     ``Sec. 41743. Airports not receiving sufficient service

       ``(a) Types of Assistance.--The Secretary of Transportation 
     may use amounts made available under this section--
       ``(1) to provide assistance to an air carrier to subsidize 
     service to and from an underserved airport for a period not 
     to exceed 3 years;
       ``(2) to provide assistance to an underserved airport to 
     obtain jet aircraft service (and to promote passenger use of 
     that service) to and from the underserved airport; and
       ``(3) to provide assistance to an underserved airport to 
     implement such other measures as the Secretary, in 
     consultation with such airport, considers appropriate to 
     improve air service both in terms of the cost of such service 
     to consumers and the availability of such service, including 
     improving air service through marketing and promotion of air 
     service and enhanced utilization of airport facilities.

[[Page H7443]]

       ``(b) Priority Criteria For Assisting Airports Not 
     Receiving Sufficient Service.--In providing assistance to 
     airports under subsection (a), the Secretary shall give 
     priority to those airports for which a community will 
     provide, from local sources (other than airport revenues), a 
     portion of the cost of the activity to be assisted.
       ``(c) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Underserved airport.--The term `underserved airport' 
     means a nonhub airport or small hub airport (as such terms 
     are defined in section 41731) that--
       ``(A) the Secretary determines is not receiving sufficient 
     air carrier service; or
       ``(B) has unreasonably high airfares.
       ``(2) Unreasonably high airfare.--The term `unreasonably 
     high airfare', as used with respect to an airport, means that 
     the airfare listed in the table entitled `Top 1,000 City-Pair 
     Market Summarized by City', contained in the Domestic Airline 
     Fares Consumer Report of the Department of Transportation, 
     for one or more markets for which the airport is a part of 
     has an average yield listed in such table that is more than 
     19 cents.
       ``(d) Authority To Make Agreements and Incur Obligations.--
       ``(1) In general.--The Secretary may make agreements and 
     incur obligations from the Airport and Airway Trust Fund to 
     provide assistance under this section. An agreement by the 
     Secretary under this subsection is a contractual obligation 
     of the Government to pay the Government's share of the 
     compensation. Contract authority made available by this 
     paragraph shall be subject to an obligation limitation.
       ``(2) Amounts made available.--There shall be available to 
     the Secretary out of the Fund not more than $25,000,000 for 
     each of fiscal years 2000 through 2004 to incur obligations 
     under this section. Amounts made available under this section 
     shall remain available until expended.''.
       (c) Conforming Amendment.--The analysis for chapter 417 is 
     amended by adding at the end the following:

``41743. Airports not receiving sufficient service.''.

     SEC. 203. WAIVER OF LOCAL CONTRIBUTION.

       Section 41736(b) is amended by adding at the end the 
     following:
     ``Paragraph (4) shall not apply to any place for which a 
     proposal was approved or that was designated as eligible 
     under this section in the period beginning on October 1, 
     1991, and ending on December 31, 1997.''.

     SEC. 204. POLICY FOR AIR SERVICE TO RURAL AREAS.

       Section 40101(a) is amended by adding at the end the 
     following:
       ``(16) ensuring that consumers in all regions of the United 
     States, including those in small communities and rural and 
     remote areas, have access to affordable, regularly scheduled 
     air service.''.

     SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.

       The Secretary of Transportation shall not deny assistance 
     with respect to a place under subchapter II of chapter 417 of 
     title 49, United States Code, solely on the basis that the 
     place is located within 70 highway miles of a hub airport (as 
     defined by section 41731 of such title) if the most commonly 
     used highway route between the place and the hub airport 
     exceeds 70 miles.

           Subtitle B--Regional Air Service Incentive Program

     SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE INCENTIVE 
                   PROGRAM.

       (a) In General.--Chapter 417 is amended by adding at the 
     end the following:

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

     ``Sec. 41761. Purpose

       ``The purpose of this subchapter is to improve service by 
     jet aircraft to underserved markets by providing assistance, 
     in the form of Federal credit instruments, to commuter air 
     carriers that purchase regional jet aircraft for use in 
     serving those markets.

     ``Sec. 41762. Definitions

       ``In this subchapter, the following definitions apply:
       ``(1) Air carrier.--The term `air carrier' means any air 
     carrier holding a certificate of public convenience and 
     necessity issued by the Secretary of Transportation under 
     section 41102.
       ``(2) Aircraft purchase.--The term `aircraft purchase' 
     means the purchase of commercial transport aircraft, 
     including spare parts normally associated with the aircraft.
       ``(3) Capital reserve subsidy amount.--The term `capital 
     reserve subsidy amount' means the amount of budget authority 
     sufficient to cover estimated long-term cost to the United 
     States Government of a Federal credit instrument, calculated 
     on a net present value basis, excluding administrative costs 
     and any incidental effects on government receipts or outlays 
     in accordance with provisions of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661 et seq.).
       ``(4) Commuter air carrier.--The term `commuter air 
     carrier' means an air carrier that primarily operates 
     aircraft designed to have a maximum passenger seating 
     capacity of 75 or less in accordance with published flight 
     schedules.
       ``(5) Federal credit instrument.--The term `Federal credit 
     instrument' means a secured loan, loan guarantee, or line of 
     credit authorized to be made under this subchapter.
       ``(6) Financial obligation.--The term `financial 
     obligation' means any note, bond, debenture, or other debt 
     obligation issued by an obligor in connection with the 
     financing of an aircraft purchase, other than a Federal 
     credit instrument.
       ``(7) Lender.--The term `lender' means any non-Federal 
     qualified institutional buyer (as defined by section 
     230.144A(a) of title 17, Code of Federal Regulations (or any 
     successor regulation) known as Rule 144A(a) of the Security 
     and Exchange Commission and issued under the Security Act of 
     1933 (15 U.S.C. 77a et seq.)), including--
       ``(A) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986) that is a 
     qualified institutional buyer; and
       ``(B) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986) that is a qualified 
     institutional buyer.
       ``(8) Line of credit.--The term `line of credit' means an 
     agreement entered into by the Secretary with an obligor under 
     section 41763(d) to provide a direct loan at a future date 
     upon the occurrence of certain events.
       ``(9) Loan guarantee.--The term `loan guarantee' means any 
     guarantee or other pledge by the Secretary under section 
     41763(c) to pay all or part of any of the principal of and 
     interest on a loan or other debt obligation issued by an 
     obligor and funded by a lender.
       ``(10) New entrant air carrier.--The term `new entrant air 
     carrier' means an air carrier that has been providing air 
     transportation according to a published schedule for less 
     than 5 years, including any person that has received 
     authority from the Secretary to provide air transportation 
     but is not providing air transportation.
       ``(11) Nonhub airport.--The term `nonhub airport' means an 
     airport that each year has less than .05 percent of the total 
     annual boardings in the United States.
       ``(12) Obligor.--The term `obligor' means a party primarily 
     liable for payment of the principal of or interest on a 
     Federal credit instrument, which party may be a corporation, 
     partnership, joint venture, trust, or governmental entity, 
     agency, or instrumentality.
       ``(13) Regional jet aircraft.--The term `regional jet 
     aircraft' means a civil aircraft--
       ``(A) powered by jet propulsion; and
       ``(B) designed to have a maximum passenger seating capacity 
     of not less than 30 nor more than 75.
       ``(14) Secured loan.--The term `secured loan' means a 
     direct loan funded by the Secretary in connection with the 
     financing of an aircraft purchase under section 41763(b).
       ``(15) Small hub airport.--The term `small hub airport' 
     means an airport that each year has at least .05 percent, but 
     less than .25 percent, of the total annual boardings in the 
     United States.
       ``(16) Underserved market.--The term `underserved market' 
     means a passenger air transportation market (as defined by 
     the Secretary) that--
       ``(A) is served (as determined by the Secretary) by a 
     nonhub airport or a small hub airport;
       ``(B) is not within a 40-mile radius of an airport that 
     each year has at least .25 percent of the total annual 
     boardings in the United States; and
       ``(C) the Secretary determines does not have sufficient air 
     service.

     ``Sec. 41763. Federal credit instruments

       ``(a) In General.--Subject to this section, the Secretary 
     of Transportation may enter into agreements with one or more 
     obligors to make available Federal credit instruments, the 
     proceeds of which shall be used to finance aircraft 
     purchases.
       ``(b) Secured Loans.--
       ``(1) Terms and limitations.--
       ``(A) In general.--A secured loan under this section with 
     respect to an aircraft purchase shall be on such terms and 
     conditions and contain such covenants, representatives, 
     warranties, and requirements (including requirements for 
     audits) as the Secretary determines appropriate.
       ``(B) Maximum amount.--No secured loan may be made under 
     this section--
       ``(i) that extends to more than 50 percent of the purchase 
     price (including the value of any manufacturer credits, post-
     purchase options, or other discounts) of the aircraft, 
     including spare parts, to be purchased; or
       ``(ii) that, when added to the remaining balance on any 
     other Federal credit instruments made under this subchapter, 
     provides more than $100,000,000 of outstanding credit to any 
     single obligor.
       ``(C) Final payment date.--The final payment on the secured 
     loan shall not be due later than 18 years after the date of 
     execution of the loan agreement.
       ``(D) Subordination.--The secured loan may be subordinate 
     to claims of other holders of obligations in the event of 
     bankruptcy, insolvency, or liquidation of the obligor as 
     determined appropriate by the Secretary.
       ``(E) Fees.--The Secretary, subject to appropriations, may 
     establish fees at a level sufficient to cover all or a 
     portion of the costs to the United States Government of 
     making a secured loan under this section. The proceeds of 
     such fees shall be deposited in an account to be used by the 
     Secretary for the purpose of administering the program 
     established under this subchapter and shall be available upon 
     deposit until expended.
       ``(2) Repayment.--
       ``(A) Schedule.--The Secretary shall establish a repayment 
     schedule for each secured loan under this section based on 
     the

[[Page H7444]]

     projected cash flow from aircraft revenues and other 
     repayment sources.
       ``(B) Commencement.--Scheduled loan repayments of principal 
     and interest on a secured loan under this section shall 
     commence no later than 3 years after the date of execution of 
     the loan agreement.
       ``(3) Prepayment.--
       ``(A) Use of excess revenue.--After satisfying scheduled 
     debt service requirements on all financial obligations and 
     secured loans and all deposit requirements under the terms of 
     any trust agreement, bond resolution, or similar agreement 
     securing financial obligations, the secured loan may be 
     prepaid at anytime without penalty.
       ``(B) Use of proceeds of refinancing.--The secured loan may 
     be prepaid at any time without penalty from proceeds of 
     refinancing from non-Federal funding sources.
       ``(c) Loan Guarantees.--
       ``(1) In general.--A loan guarantee under this section with 
     respect to a loan made for an aircraft purchase shall be made 
     in such form and on such terms and conditions and contain 
     such covenants, representatives, warranties, and requirements 
     (including requirements for audits) as the Secretary 
     determines appropriate.
       ``(2) Maximum amount.--No loan guarantee shall be made 
     under this section--
       ``(A) that extends to more than the unpaid interest and 50 
     percent of the unpaid principal on any loan;
       ``(B) that, for any loan or combination of loans, extends 
     to more than 50 percent of the purchase price (including the 
     value of any manufacturer credits, post-purchase options, or 
     other discounts) of the aircraft, including spare parts, to 
     be purchased with the loan or loan combination;
       ``(C) on any loan with respect to which terms permit 
     repayment more than 15 years after the date of execution of 
     the loan; or
       ``(D) that, when added to the remaining balance on any 
     other Federal credit instruments made under this subchapter, 
     provides more than $100,000,000 of outstanding credit to any 
     single obligor.
       ``(3) Fees.--The Secretary, subject to appropriations, may 
     establish fees at a level sufficient to cover all or a 
     portion of the costs to the United States Government of 
     making a loan guarantee under this section. The proceeds of 
     such fees shall be deposited in an account to be used by the 
     Secretary for the purpose of administering the program 
     established under this subchapter and shall be available upon 
     deposit until expended.
       ``(d) Lines of Credit.--
       ``(1) In general.--Subject to the requirements of this 
     subsection, the Secretary may enter into agreements to make 
     available lines of credit to one or more obligors in the form 
     of direct loans to be made by the Secretary at future dates 
     on the occurrence of certain events for any aircraft purchase 
     selected under this section.
       ``(2) Terms and limitations.--
       ``(A) In general.--A line of credit under this subsection 
     with respect to an aircraft purchase shall be on such terms 
     and conditions and contain such covenants, representatives, 
     warranties, and requirements (including requirements for 
     audits) as the Secretary determines appropriate.
       ``(B) Maximum amount.--
       ``(i) Total amount.--The amount of any line of credit shall 
     not exceed 50 percent of the purchase price (including the 
     value of any manufacturer credits, post-purchase options, or 
     other discounts) of the aircraft, including spare parts.
       ``(ii) 1-year draws.--The amount drawn in any year shall 
     not exceed 20 percent of the total amount of the line of 
     credit.
       ``(C) Draws.--Any draw on the line of credit shall 
     represent a direct loan.
       ``(D) Period of availability.--The line of credit shall be 
     available not more than 5 years after the aircraft purchase 
     date.
       ``(E) Rights of third-party creditors.--
       ``(i) Against united states government.--A third-party 
     creditor of the obligor shall not have any right against the 
     United States Government with respect to any draw on the line 
     of credit.
       ``(ii) Assignment.--An obligor may assign the line of 
     credit to one or more lenders or to a trustee on the lender's 
     behalf.
       ``(F) Subordination.--A direct loan under this subsection 
     may be subordinate to claims of other holders of obligations 
     in the event of bankruptcy, insolvency, or liquidation of the 
     obligor as determined appropriate by the Secretary.
       ``(G) Fees.--The Secretary, subject to appropriations, may 
     establish fees at a level sufficient to cover all of a 
     portion of the costs to the United States Government of 
     providing a line of credit under this subsection. The 
     proceeds of such fees shall be deposited in an account to be 
     used by the Secretary for the purpose of administering the 
     program established under this subchapter and shall be 
     available upon deposit until expended.
       ``(3) Repayment.--
       ``(A) Schedule.--The Secretary shall establish a repayment 
     schedule for each direct loan under this subsection.
       ``(B) Commencement.--Scheduled loan repayments of principal 
     or interest on a direct loan under this subsection shall 
     commence no later than 3 years after the date of the first 
     draw on the line of credit and shall be repaid, with 
     interest, not later than 18 years after the date of the first 
     draw.
       ``(e) Risk Assessment.--Before entering into an agreement 
     under this section to make available a Federal credit 
     instrument, the Secretary, in consultation with the Director 
     of the Office of Management and Budget, shall determine an 
     appropriate capital reserve subsidy amount for the Federal 
     credit instrument based on such credit evaluations as the 
     Secretary deems necessary.
       ``(f) Conditions.--Subject to subsection (h), the Secretary 
     may only make a Federal credit instrument available under 
     this section if the Secretary finds that--
       ``(1) the aircraft to be purchased with the Federal credit 
     instrument is a regional jet aircraft needed to improve the 
     service and efficiency of operation of a commuter air carrier 
     or new entrant air carrier;
       ``(2) the commuter air carrier or new entrant air carrier 
     enters into a legally binding agreement that requires the 
     carrier to use the aircraft to provide service to underserved 
     markets; and
       ``(3) the prospective earning power of the commuter air 
     carrier or new entrant air carrier, together with the 
     character and value of the security pledged, including the 
     collateral value of the aircraft being acquired and any other 
     assets or pledges used to secure the Federal credit 
     instrument, furnish--
       ``(A) reasonable assurances of the air carrier's ability 
     and intention to repay the Federal credit instrument within 
     the terms established by the Secretary--
       ``(i) to continue its operations as an air carrier; and
       ``(ii) to the extent that the Secretary determines to be 
     necessary, to continue its operations as an air carrier 
     between the same route or routes being operated by the air 
     carrier at the time of the issuance of the Federal credit 
     instrument; and
       ``(B) reasonable protection to the United States.
       ``(g) Limitation on Combined Amount of Federal Credit 
     Instruments.--The Secretary shall not allow the combined 
     amount of Federal credit instruments available for any 
     aircraft purchase under this section to exceed--
       ``(1) 50 percent of the cost of the aircraft purchase; or
       ``(2) $100,000,000 for any single obligor.
       ``(h) Requirement.--Subject to subsection (i), no Federal 
     credit instrument may be made under this section for the 
     purchase of any regional jet aircraft that does not comply 
     with the stage 3 noise levels of part 36 of title 14 of the 
     Code of Federal Regulations, as in effect on January 1, 1999.
       ``(i) Other Limitations.--No Federal credit instrument 
     shall be made by the Secretary under this section for the 
     purchase of a regional jet aircraft unless the commuter air 
     carrier or new entrant air carrier enters into a legally 
     binding agreement that requires the carrier to provide 
     scheduled passenger air transportation to the underserved 
     market for which the aircraft is purchased for a period of 
     not less than 36 consecutive months after the date that 
     aircraft is placed in service.

     ``Sec. 41764. Use of Federal facilities and assistance

       ``(a) Use of Federal Facilities.--To permit the Secretary 
     of Transportation to make use of such expert advice and 
     services as the Secretary may require in carrying out this 
     subchapter, the Secretary may use available services and 
     facilities of other agencies and instrumentalities of the 
     United States Government--
       ``(1) with the consent of the appropriate Federal 
     officials; and
       ``(2) on a reimbursable basis.
       ``(b) Assistance.--The head of each appropriate department 
     or agency of the United States Government shall exercise the 
     duties and powers of that head in such manner as to assist in 
     carrying out the policy specified in section 41761.
       ``(c) Oversight.--The Secretary shall make available to the 
     Comptroller General of the United States such information 
     with respect to any Federal credit instrument made under this 
     subchapter as the Comptroller General may require to carry 
     out the duties of the Comptroller General under chapter 7 of 
     title 31, United States Code.

     ``Sec. 41765. Administrative expenses

       ``In carrying out this subchapter, the Secretary shall use 
     funds made available by appropriations to the Department of 
     Transportation for the purpose of administration, in addition 
     to the proceeds of any fees collected under this subchapter, 
     to cover administrative expenses of the Federal credit 
     instrument program under this subchapter.

     ``Sec. 41766. Funding.

       ``Of the amounts appropriated under section 106(k) for each 
     of fiscal years 2001 through 2004, such sums as may be 
     necessary may be used to carry out this subchapter, including 
     administrative expenses.

     ``Sec. 41767. Termination

       ``(a) Authority To Issue Federal Credit Instruments.--The 
     authority of the Secretary of Transportation to issue Federal 
     credit instruments under section 41763 shall terminate on the 
     date that is 5 years after the date of the enactment of this 
     subchapter.
       ``(b) Continuation of Authority To Administer Program for 
     Existing Federal Credit Instruments.--On and after the 
     termination date, the Secretary shall continue to administer 
     the program established under this subchapter for Federal 
     credit instruments issued under this subchapter before the 
     termination date until all obligations associated with such 
     instruments have been satisfied.''.
       (b) Conforming Amendment.--The analysis for chapter 417 is 
     amended by adding at the end the following:

[[Page H7445]]

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Federal credit instruments.
``41764. Use of Federal facilities and assistance.
``41765. Administrative expenses.
``41766. Funding.
``41767. Termination.''.

                    TITLE III--FAA MANAGEMENT REFORM

     SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

       Section 40102(a) is amended--
       (1) by redesignating paragraphs (5) through (41) as 
     paragraphs (6) through (42), respectively; and
       (2) by inserting after paragraph (4) the following:
       ``(5) `air traffic control system' means the combination of 
     elements used to safely and efficiently monitor, direct, 
     control, and guide aircraft in the United States and United 
     States-assigned airspace, including--
       ``(A) allocated electromagnetic spectrum and physical, 
     real, personal, and intellectual property assets making up 
     facilities, equipment, and systems employed to detect, track, 
     and guide aircraft movement;
       ``(B) laws, regulations, orders, directives, agreements, 
     and licenses;
       ``(C) published procedures that explain required actions, 
     activities, and techniques used to ensure adequate aircraft 
     separation; and
       ``(D) trained personnel with specific technical 
     capabilities to satisfy the operational, engineering, 
     management, and planning requirements for air traffic 
     control.''.

     SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.

       (a) Establishment.--
       (1) In general.--Chapter 1 is amended by adding at the end 
     the following:

     ``Sec. 113. Air Traffic Control Oversight Board

       ``(a) Establishment.--There is established within the 
     Department of Transportation an `Air Traffic Control 
     Oversight Board' (in this section referred to as the 
     `Oversight Board').
       ``(b) Membership.--
       ``(1) Composition.--The Oversight Board shall be composed 
     of nine members, as follows:
       ``(A) Six members shall be individuals who are not 
     otherwise Federal officers or employees and who are appointed 
     by the President, by and with the advice and consent of the 
     Senate.
       ``(B) One member shall be the Secretary of Transportation 
     or, if the Secretary so designates, the Deputy Secretary of 
     the Transportation.
       ``(C) One member shall be the Administrator of the Federal 
     Aviation Administration.
       ``(D) One member shall be an individual who is appointed by 
     the President, by and with the advice and consent of the 
     Senate, from among individuals who are the leaders of their 
     respective unions of air traffic control system employees.
       ``(2) Qualifications and terms.--
       ``(A) Qualifications.--Members of the Oversight Board 
     described in paragraph (1)(A) shall--
       ``(i) have a fiduciary responsibility to represent the 
     public interest;
       ``(ii) be citizens of the United States; and
       ``(iii) be appointed without regard to political 
     affiliation and solely on the basis of their professional 
     experience and expertise in one or more of the following 
     areas:

       ``(I) Management of large service organizations.
       ``(II) Customer service.
       ``(III) Management of large procurements.
       ``(IV) Information and communications technology.
       ``(V) Organizational development.
       ``(VI) Labor relations.

     At least three members of the Oversight Board appointed under 
     paragraph (1)(A) should have knowledge of, or a background 
     in, aviation. At least one of such members should have a 
     background in managing large organizations successfully. In 
     the aggregate, such members should collectively bring to bear 
     expertise in all of the areas described in subclauses (I) 
     through (VI) of clause (iii).
       ``(B) Prohibitions.--No member of the Oversight Board 
     described in paragraph (1)(A) may--
       ``(i) have a pecuniary interest in, or own stock in or 
     bonds of, an aviation or aeronautical enterprise;
       ``(ii) engage in another business related to aviation or 
     aeronautics; or
       ``(iii) be a member of any organization that engages, as a 
     substantial part of its activities, in activities to 
     influence aviation-related legislation.
       ``(C) Terms for air traffic control representatives.--A 
     member appointed under paragraph (1)(D) shall be appointed 
     for a term of 3 years, except that the term of such 
     individual shall end whenever the individual no longer meets 
     the requirements of paragraph (1)(D).
       ``(D) Terms for nonfederal officers or employees.--A member 
     appointed under paragraph (1)(A) shall be appointed for a 
     term of 5 years, except that of the members first appointed 
     under paragraph (1)(A)--
       ``(i) two members shall be appointed for a term of 3 years;
       ``(ii) two members shall be appointed for a term of 4 
     years; and
       ``(iii) two members shall be appointed for a term of 5 
     years.
       ``(E) Reappointment.--An individual may not be appointed 
     under paragraph (1)(A) to more than two 5-year terms on the 
     Oversight Board.
       ``(F) Vacancy.--Any vacancy on the Oversight Board shall be 
     filled in the same manner as the original appointment. Any 
     member appointed to fill a vacancy occurring before the 
     expiration of the term for which the member's predecessor was 
     appointed shall be appointed for the remainder of that term.
       ``(3) Ethical considerations.--
       ``(A) Financial disclosure.--During the entire period that 
     an individual appointed under subparagraph (A) or (D) of 
     paragraph (1) is a member of the Oversight Board, such 
     individual shall be treated as serving as an officer or 
     employee referred to in section 101(f) of the Ethics in 
     Government Act of 1978 for purposes of title I of such Act, 
     except that section 101(d) of such Act shall apply without 
     regard to the number of days of service in the position.
       ``(B) Restrictions on post-employment.--For purposes of 
     section 207(c) of title 18, an individual appointed under 
     subparagraph (A) or (D) of paragraph (1) shall be treated as 
     an employee referred to in section 207(c)(2)(A)(i) of such 
     title during the entire period the individual is a member of 
     the Board, except that subsections (c)(2)(B) and (f) of 
     section 207 of such title shall not apply.
       ``(C) Waiver.--At the time the President nominates an 
     individual for appointment as a member of the Oversight Board 
     under paragraph (1)(D), the President may waive for the term 
     of the member any appropriate provision of chapter 11 of 
     title 18, to the extent such waiver is necessary to allow the 
     member to participate in the decisions of the Board while 
     continuing to serve as a full-time Federal employee or a 
     representative of employees. Any such waiver shall not be 
     effective unless a written intent of waiver to exempt such 
     member (and actual waiver language) is submitted to the 
     Senate with the nomination of such member.
       ``(4) Quorum.--Five members of the Oversight Board shall 
     constitute a quorum. A majority of members present and voting 
     shall be required for the Oversight Board to take action.
       ``(5) Removal.--Any member of the Oversight Board appointed 
     under subparagraph (A) or (D) of paragraph (1) may be removed 
     for cause by the President.
       ``(6) Claims.--
       ``(A) In general.--A member of the Oversight Board 
     appointed under subparagraph (A) or (D) of paragraph (1) 
     shall have no personal liability under Federal law with 
     respect to any claim arising out of or resulting from an act 
     or omission by such member within the scope of service as a 
     member of the Oversight Board.
       ``(B) Effect on other law.--This paragraph shall not be 
     construed--
       ``(i) to affect any other immunity or protection that may 
     be available to a member of the Oversight Board under 
     applicable law with respect to such transactions;
       ``(ii) to affect any other right or remedy against the 
     United States under applicable law; or
       ``(iii) to limit or alter in any way the immunities that 
     are available under applicable law for Federal officers and 
     employees.
       ``(c) General Responsibilities.--
       ``(1) Oversight.--The Oversight Board shall oversee the 
     Federal Aviation Administration in its administration, 
     management, conduct, direction, and supervision of the air 
     traffic control system.
       ``(2) Confidentiality.--The Oversight Board shall ensure 
     that appropriate confidentiality is maintained in the 
     exercise of its duties.
       ``(d) Specific Responsibilities.--The Oversight Board shall 
     have the following specific responsibilities:
       ``(1) Strategic plans.--To review, approve, and monitor 
     achievements under a strategic plan of the Federal Aviation 
     Administration for the air traffic control system, including 
     the establishment of--
       ``(A) a mission and objectives;
       ``(B) standards of performance relative to such mission and 
     objectives, including safety, efficiency, and productivity; 
     and
       ``(C) annual and long-range strategic plans.
       ``(2) Modernization and improvement.--To review and 
     approve--
       ``(A) methods of the Federal Aviation Administration to 
     accelerate air traffic control modernization and improvements 
     in aviation safety related to air traffic control; and
       ``(B) procurements of air traffic control equipment by the 
     Federal Aviation Administration in excess of $100,000,000.
       ``(3) Operational plans.--To review the operational 
     functions of the Federal Aviation Administration, including--
       ``(A) plans for modernization of the air traffic control 
     system;
       ``(B) plans for increasing productivity or implementing 
     cost-saving measures; and
       ``(C) plans for training and education.
       ``(4) Management.--To--
       ``(A) review and approve the Administrator's appointment of 
     a Chief Operating Officer under section 106(r);
       ``(B) review the Administrator's selection, evaluation, and 
     compensation of senior executives of the Federal Aviation 
     Administration who have program management responsibility 
     over significant functions of the air traffic control system;
       ``(C) review and approve the Administrator's plans for any 
     major reorganization of the Federal Aviation Administration 
     that would impact on the management of the air traffic 
     control system;

[[Page H7446]]

       ``(D) review and approve the Administrator's cost 
     accounting and financial management structure and 
     technologies to help ensure efficient and cost-effective air 
     traffic control operation; and
       ``(E) review the performance and cooperation of managers 
     responsible for major acquisition projects, including the 
     ability of the managers to meet schedule and budget targets.
       ``(5) Budget.--To--
       ``(A) review and approve the budget request of the Federal 
     Aviation Administration related to the air traffic control 
     system prepared by the Administrator;
       ``(B) submit such budget request to the Secretary of 
     Transportation; and
       ``(C) ensure that the budget request supports the annual 
     and long-range strategic plans.
     The Secretary shall submit the budget request referred to in 
     paragraph (5)(B) for any fiscal year to the President who 
     shall submit such request, without revision, to the 
     Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives and the 
     Committees on Commerce, Science, and Transportation and 
     Appropriations of the Senate, together with the President's 
     annual budget request for the Federal Aviation Administration 
     for such fiscal year.
       ``(e) Reporting of Overturning of Board Decisions.--If the 
     Secretary or Administrator overturns a decision of the 
     Oversight Board, the Secretary or Administrator, as 
     appropriate shall report such action to the President, the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, and the Committee on Commerce, Science, 
     and Transportation of the Senate.
       ``(f) Board Personnel Matters.--
       ``(1) Compensation of members.--
       ``(A) In general.--Each member of the Oversight Board who--
       ``(i) appointed under subsection (b)(1)(A); or
       ``(ii) appointed under subsection (b)(1)(D) and is not 
     otherwise a Federal officer or employee,
     shall be compensated at a rate of $30,000 per year. All other 
     members shall serve without compensation for such service.
       ``(B) Chairperson.--Notwithstanding subparagraph (A), the 
     chairperson of the Oversight Board shall be compensated at a 
     rate of $50,000 per year.
       ``(2) Travel expenses.--
       ``(A) In general.--The members of the Oversight Board shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, to attend 
     meetings of the Oversight Board and, with the advance 
     approval of the chairperson of the Oversight Board, while 
     otherwise away from their homes or regular places of business 
     for purposes of duties as a member of the Oversight Board.
       ``(B) Report.--The Oversight Board shall include in its 
     annual report under subsection (g)(3)(A) information with 
     respect to the travel expenses allowed for members of the 
     Oversight Board under this paragraph.
       ``(3) Staff.--
       ``(A) In general.--The chairperson of the Oversight Board 
     may appoint and terminate any personnel that may be necessary 
     to enable the Board to perform its duties.
       ``(B) Detail of government employees.--Upon request of the 
     chairperson of the Oversight Board, a Federal agency shall 
     detail a United States Government employee to the Oversight 
     Board without reimbursement. Such detail shall be without 
     interruption or loss of civil service status or privilege.
       ``(4) Procurement of temporary and intermittent services.--
     The chairperson of the Oversight Board may procure temporary 
     and intermittent services under section 3109(b) of title 5, 
     United States Code.
       ``(g) Administrative Matters.--
       ``(1) Chair.--
       ``(A) Term.--The members of the Oversight Board shall elect 
     for a 2-year term a chairperson from among the members 
     appointed under subsection (b)(1)(A).
       ``(B) Powers.--Except as otherwise provided by a majority 
     vote of the Oversight Board, the powers of the chairperson 
     shall include--
       ``(i) establishing committees;
       ``(ii) setting meeting places and times;
       ``(iii) establishing meeting agendas; and
       ``(iv) developing rules for the conduct of business.
       ``(2) Meetings.--The Oversight Board shall meet at least 
     quarterly and at such other times as the chairperson 
     determines appropriate.
       ``(3) Reports.--
       ``(A) Annual.--The Oversight Board shall each year report 
     with respect to the conduct of its responsibilities under 
     this title to the President, the Committee on Transportation 
     and Infrastructure of the House of Representatives, and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       ``(B) Additional report.--Upon a determination by the 
     Oversight Board under subsection (c)(1) that the organization 
     and operation of the Federal Aviation Administration's air 
     traffic control system are not allowing the Federal Aviation 
     Administration to carry out its mission, the Oversight Board 
     shall report such determination to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(C) Comptroller general's report.--Not later than April 
     30, 2004, the Comptroller General of the United States shall 
     transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the success of the Oversight Board in 
     improving the performance of the air traffic control 
     system.''.
       (2) Conforming amendment.--The analysis for chapter 1 is 
     amended by adding at the end the following:

``113. Air Traffic Control Oversight Board.''.
       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of the enactment of this Act.
       (2) Initial nominations to air traffic control oversight 
     board.--The President shall submit the initial nominations of 
     the air traffic control oversight board to the Senate not 
     later than 3 months after the date of the enactment of this 
     Act.
       (3) Effect on actions prior to appointment of oversight 
     board.--Nothing in this section shall be construed to 
     invalidate the actions and authority of the Federal Aviation 
     Administration prior to the appointment of the members of the 
     Air Traffic Control Oversight Board.

     SEC. 303. CHIEF OPERATING OFFICER.

       Section 106 is amended by adding at the end the following:
       ``(r) Chief Operating Officer.--
       ``(1) In general.--
       ``(A) Appointment.--There shall be a Chief Operating 
     Officer for the air traffic control system to be appointed by 
     the Administrator, with approval of the Air Traffic Control 
     Oversight Board established by section 113. The Chief 
     Operating Officer shall report directly to the Administrator 
     and shall be subject to the authority of the Administrator.
       ``(B) Qualifications.--The Chief Operating Officer shall 
     have a demonstrated ability in management and knowledge of or 
     experience in aviation.
       ``(C) Term.--The Chief Operating Officer shall be appointed 
     for a term of 5 years.
       ``(D) Removal.--The Chief Operating Officer shall serve at 
     the pleasure of the Administrator, except that the 
     Administrator shall make every effort to ensure stability and 
     continuity in the leadership of the air traffic control 
     system.
       ``(E) Vacancy.--Any individual appointed to fill a vacancy 
     in the position of Chief Operating Officer occurring before 
     the expiration of the term for which the individual's 
     predecessor was appointed shall be appointed for the 
     remainder of that term.
       ``(2) Annual performance agreement.--The Administrator and 
     the Chief Operating Officer, in consultation with the Air 
     Traffic Control Oversight Board, shall enter into an annual 
     performance agreement that sets forth measurable organization 
     and individual goals for the Chief Operating Officer in key 
     operational areas. The agreement shall be subject to review 
     and renegotiation on an annual basis.
       ``(3) Annual performance report.--The Chief Operating 
     Officer shall prepare and submit to the Secretary of 
     Transportation and Congress an annual management report 
     containing such information as may be prescribed by the 
     Secretary.''.

     SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.

       (a) Membership.--Section 106(p)(2)(C) is amended to read as 
     follows:
       ``(C) 13 members representing aviation interests, appointed 
     by--
       ``(i) in the case of initial appointments to the Council, 
     the President by and with the advice and consent of the 
     Senate; and
       ``(ii) in the case of subsequent appointments to the 
     Council, the Secretary of Transportation.''.
       (b) Terms of Members.--Section 106(p)(6)(A)(i) is amended 
     by striking ``by the President''.

     SEC. 305. ENVIRONMENTAL STREAMLINING.

       (a) Coordinated Environmental Review Process.--
       (1) Development and implementation.--The Secretary shall 
     develop and implement a coordinated environmental review 
     process for aviation infrastructure projects that require--
       (A) the preparation of an environmental impact statement or 
     environmental assessment under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the 
     Secretary may decide not to apply this section to the 
     preparation of an environmental assessment under such Act; or
       (B) the conduct of any other environmental review, 
     analysis, opinion, or issuance of an environmental permit, 
     license, or approval by operation of Federal law.
       (2) Memorandum of understanding.--
       (A) In general.--The coordinated environmental review 
     process for each project shall ensure that, whenever 
     practicable (as specified in this section), all environmental 
     reviews, analyses, opinions, and any permits, licenses, or 
     approvals that must be issued or made by any Federal agency 
     for the project concerned shall be conducted concurrently and 
     completed within a cooperatively determined time period. Such 
     process for a project or class of project may be incorporated 
     into a memorandum of understanding between the Department of 
     Transportation and Federal agencies (and, where appropriate, 
     State agencies).

[[Page H7447]]

       (B) Establishment of time periods.--In establishing the 
     time period referred to in subparagraph (A), and any time 
     periods for review within such period, the Department and all 
     such agencies shall take into account their respective 
     resources and statutory commitments.
       (b) Elements of Coordinated Environmental Review Process.--
     For each project, the coordinated environmental review 
     process established under this section shall provide, at a 
     minimum, for the following elements:
       (1) Federal agency identification.--The Secretary shall, at 
     the earliest possible time, identify all potential Federal 
     agencies that--
       (A) have jurisdiction by law over environmental-related 
     issues that may be affected by the project and the analysis 
     of which would be part of any environmental document required 
     by the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.); or
       (B) may be required by Federal law to independently--
       (i) conduct an environmental-related review or analysis; or
       (ii) determine whether to issue a permit, license, or 
     approval or render an opinion on the environmental impact of 
     the project.
       (2) Time limitations and concurrent review.--The Secretary 
     and the head of each Federal agency identified under 
     paragraph (1)--
       (A)(i) shall jointly develop and establish time periods for 
     review for--
       (I) all Federal agency comments with respect to any 
     environmental review documents required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     the project; and
       (II) all other independent Federal agency environmental 
     analyses, reviews, opinions, and decisions on any permits, 
     licenses, and approvals that must be issued or made for the 
     project,
     whereby each such Federal agency's review shall be undertaken 
     and completed within such established time periods for 
     review; or
       (ii) may enter into an agreement to establish such time 
     periods for review with respect to a class of project; and
       (B) shall ensure, in establishing such time periods for 
     review, that the conduct of any such analysis, review, 
     opinion, and decision is undertaken concurrently with all 
     other environmental reviews for the project, including the 
     reviews required by the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.); except that such review may 
     not be concurrent if the affected Federal agency can 
     demonstrate that such concurrent review would result in a 
     significant adverse impact to the environment or 
     substantively alter the operation of Federal law or would not 
     be possible without information developed as part of the 
     environmental review process.
       (3) Factors to be considered.--Time periods for review 
     established under this section shall be consistent with the 
     time periods established by the Council on Environmental 
     Quality under sections 1501.8 and 1506.10 of title 40, Code 
     of Federal Regulations.
       (4) Extensions.--The Secretary shall extend any time 
     periods for review under this section if, upon good cause 
     shown, the Secretary and any Federal agency concerned 
     determine that additional time for analysis and review is 
     needed as a result of new information that has been 
     discovered that could not reasonably have been anticipated 
     when the Federal agency's time periods for review were 
     established. Any memorandum of understanding shall be 
     modified to incorporate any mutually agreed-upon extensions.
       (c) Dispute Resolution.--When the Secretary determines that 
     a Federal agency which is subject to a time period for its 
     environmental review or analysis under this section has 
     failed to complete such review, analysis, opinion, or 
     decision on issuing any permit, license, or approval within 
     the established time period or within any agreed-upon 
     extension to such time period, the Secretary may, after 
     notice and consultation with such agency, close the record on 
     the matter before the Secretary. If the Secretary finds, 
     after timely compliance with this section, that an 
     environmental issue related to the project that an affected 
     Federal agency has jurisdiction over by operation of Federal 
     law has not been resolved, the Secretary and the head of the 
     Federal agency shall resolve the matter not later than 30 
     days after the date of the finding by the Secretary.
       (d) Participation of State Agencies.--For any project 
     eligible for assistance under chapter 471 of title 49, United 
     States Code, a State, by operation of State law, may require 
     that all State agencies that have jurisdiction by State or 
     Federal law over environmental-related issues that may be 
     affected by the project, or that are required to issue any 
     environmental-related reviews, analyses, opinions, or 
     determinations on issuing any permits, licenses, or approvals 
     for the project, be subject to the coordinated environmental 
     review process established under this section unless the 
     Secretary determines that a State's participation would not 
     be in the public interest. For a State to require State 
     agencies to participate in the review process, all affected 
     agencies of the State shall be subject to the review process.
       (e) Assistance to Affected Federal Agencies.--
       (1) In general.--The Secretary may approve a request by a 
     State or other recipient of assistance under chapter 471 of 
     title 49, United States Code, to provide funds made available 
     from the Airport and Airway Trust Fund to the State or 
     recipient for an aviation project subject to the coordinated 
     environmental review process established under this section 
     to affected Federal agencies to provide the resources 
     necessary to meet any time limits established under this 
     section.
       (2) Amounts.--Such requests under paragraph (1) shall be 
     approved only--
       (A) for the additional amounts that the Secretary 
     determines are necessary for the affected Federal agencies to 
     meet the time limits for environmental review; and
       (B) if such time limits are less than the customary time 
     necessary for such review.
       (f) Judicial Review and Savings Clause.--
       (1) Judicial review.--Nothing in this section shall affect 
     the reviewability of any final Federal agency action in a 
     court of the United States or in the court of any State.
       (2) Savings clause.--Nothing in this section shall affect 
     the applicability of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) or any other Federal 
     environmental statute or affect the responsibility of any 
     Federal officer to comply with or enforce any such statute.
       (g) Federal Agency Defined.--In this section, the term 
     ``Federal agency'' means any Federal agency or any State 
     agency carrying out affected responsibilities required by 
     operation of Federal law.

     SEC. 306. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

       Section 106(f)(3)(B)(i) is amended--
       (1) by striking ``$100,000,000'' each place it appears and 
     inserting ``$250,000,000'';
       (2) by striking ``Air Traffic Management System Performance 
     Improvement Act of 1996'' and inserting ``Aviation Investment 
     and Reform Act for the 21st Century'';
       (3) in subclause (I)--
       (A) by inserting ``substantial and'' before ``material''; 
     and
       (B) by inserting ``or'' after the semicolon at the end; and
       (4) by striking subclauses (II), (III), and (IV) and 
     inserting the following:
       ``(II) raise novel or significant legal or policy issues 
     arising out of legal mandates that may substantially and 
     materially affect other transportation modes.''.

     SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.

       (a) Independent Assessment.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct the assessments described in 
     this section. To conduct the assessments, the Inspector 
     General may use the staff and resources of the Inspector 
     General or contract with one or more independent entities.
       (2) Assessment of adequacy and accuracy of faa cost data 
     and attributions.--
       (A) In general.--The Inspector General shall conduct an 
     assessment to ensure that the method for calculating the 
     overall costs of the Federal Aviation Administration and 
     attributing such costs to specific users is appropriate, 
     reasonable, and understandable to the users.
       (B) Components.--In conducting the assessment under this 
     paragraph, the Inspector General shall assess the following:
       (i) The Federal Aviation Administration's cost input data, 
     including the reliability of the Federal Aviation 
     Administration's source documents and the integrity and 
     reliability of the Federal Aviation Administration's data 
     collection process.
       (ii) The Federal Aviation Administration's system for 
     tracking assets.
       (iii) The Federal Aviation Administration's bases for 
     establishing asset values and depreciation rates.
       (iv) The Federal Aviation Administration's system of 
     internal controls for ensuring the consistency and 
     reliability of reported data.
       (v) The Federal Aviation Administration's definition of the 
     services to which the Federal Aviation Administration 
     ultimately attributes its costs.
       (vi) The cost pools used by the Federal Aviation 
     Administration and the rationale for and reliability of the 
     bases which the Federal Aviation Administration proposes to 
     use in allocating costs of services to users.
       (C) Requirements for assessment of cost pools.--In carrying 
     out subparagraph (B)(vi), the Inspector General shall--
       (i) review costs that cannot reliably be attributed to 
     specific Federal Aviation Administration services or 
     activities (called ``common and fixed costs'' in the Federal 
     Aviation Administration Cost Allocation Study) and consider 
     alternative methods for allocating such costs; and
       (ii) perform appropriate tests to assess relationships 
     between costs in the various cost pools and activities and 
     services to which the costs are attributed by the Federal 
     Aviation Administration.
       (3) Cost effectiveness.--
       (A) In general.--The Inspector General shall assess the 
     progress of the Federal Aviation Administration in cost and 
     performance management, including use of internal and 
     external benchmarking in improving the performance and 
     productivity of the Federal Aviation Administration.
       (B) Annual reports.--Not later than December 31, 2000, and 
     annually thereafter until December 31, 2004, the Inspector 
     General shall transmit to Congress an updated report 
     containing the results of the assessment conducted under this 
     paragraph.
       (C) Information to be included in faa financial report.--
     The Administrator shall include in the annual financial 
     report of the Federal Aviation Administration information on 
     the performance of the Administration sufficient to permit 
     users and others to make an informed evaluation of the 
     progress of the Administration in increasing productivity.

[[Page H7448]]

       (b) Funding.--Of the amounts appropriated pursuant to 
     section 106(k) of title 49, United States Code, for fiscal 
     year 2000, not to exceed $1,500,000 may be used to carry out 
     this section.

     SEC. 308. FAILURE TO MEET RULEMAKING DEADLINE.

       Section 106(f)(3)(A) is amended by adding at the end the 
     following: ``If the Administrator does not meet a deadline 
     specified in this subparagraph, the Administrator shall 
     transmit to Congress notification of the missed deadline, 
     including an explanation for missing the deadline and a 
     projected date on which the action that was subject to the 
     deadline will be taken.''.

     SEC. 309. FEDERAL PROCUREMENT INTEGRITY ACT.

       Section 348(b)(2) of the Department of Transportation and 
     Related Agencies Appropriations Act, 1996 (49 U.S.C. 40110 
     note; 109 Stat. 460) is amended by striking the period and 
     inserting the following: ``, other than section 27 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 423); 
     except that subsections (f) and (g) of such section 27 shall 
     not apply to the Federal Aviation Administration's 
     acquisition management system. Within 90 days following the 
     date of the enactment of the Aviation Investment and Reform 
     Act for the 21st Century, the Administrator of the Federal 
     Aviation Administration shall adopt definitions for the 
     acquisition management system that are consistent with the 
     purpose and intent of this section and that will allow the 
     application of the criminal, civil and administrative 
     remedies provided. The Administrator shall have the authority 
     to take an adverse personnel action provided in subsection 
     (e)(3)(A)(iv) of such section 27, but shall take any such 
     actions in accordance with the procedures contained in the 
     Federal Aviation Administration's personnel management 
     system.''.

                      TITLE IV--FAMILY ASSISTANCE

     SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY 
                   BOARD.

       (a) Prohibition on Unsolicited Communications.--
       (1) In general.--Section 1136(g)(2) is amended--
       (A) by striking ``transportation,'' and inserting 
     ``transportation and in the event of an accident involving a 
     foreign air carrier that occurs within the United States,'';
       (B) by inserting after ``attorney'' the following: 
     ``(including any associate, agent, employee, or other 
     representative of an attorney)''; and
       (C) by striking ``30th day'' and inserting ``45th day''.
       (2) Enforcement.--Section 1151 is amended by inserting 
     ``1136(g)(2),'' before ``or 1155(a)'' each place it appears.
       (b) Prohibition on Actions To Prevent Mental Health and 
     Counseling Services.--Section 1136(g) is amended by adding at 
     the end the following:
       ``(3) Prohibition on actions to prevent mental health and 
     counseling services.--No State or political subdivision may 
     prevent the employees, agents, or volunteers of an 
     organization designated for an accident under subsection 
     (a)(2) from providing mental health and counseling services 
     under subsection (c)(1) in the 30-day period beginning on the 
     date of the accident. The director of family support services 
     designated for the accident under subsection (a)(1) may 
     extend such period for not to exceed an additional 30 days if 
     the director determines that the extension is necessary to 
     meet the needs of the families and if State and local 
     authorities are notified of the determination.''.
       (c) Inclusion of Nonrevenue Passengers in Family Assistance 
     Coverage.--Section 1136(h)(2) is amended to read as follows:
       ``(2) Passenger.--The term `passenger' includes--
       ``(A) an employee of an air carrier or foreign air carrier 
     aboard an aircraft; and
       ``(B) any other person aboard the aircraft without regard 
     to whether the person paid for the transportation, occupied a 
     seat, or held a reservation for the flight.''.
       (d) Limitation on Statutory Construction.--Section 1136 is 
     amended by adding at the end the following:
       ``(i) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that an 
     air carrier may take, or the obligations that an air carrier 
     may have, in providing assistance to the families of 
     passengers involved in an aircraft accident.''.

     SEC. 402. AIR CARRIER PLANS.

       (a) Contents of Plans.--
       (1) Flight reservation information.--Section 41113(b) is 
     amended by adding at the end the following:
       ``(14) An assurance that, upon request of the family of a 
     passenger, the air carrier will inform the family of whether 
     the passenger's name appeared on a preliminary passenger 
     manifest for the flight involved in the accident.''.
       (2) Training of employees and agents.--Section 41113(b) is 
     further amended by adding at the end the following:
       ``(15) An assurance that the air carrier will provide 
     adequate training to the employees and agents of the carrier 
     to meet the needs of survivors and family members following 
     an accident.''.
       (3) Consultation on carrier response not covered by plan.--
     Section 41113(b) is further amended by adding at the end the 
     following:
       ``(16) An assurance that the air carrier, in the event that 
     the air carrier volunteers assistance to United States 
     citizens within the United States in the case of an aircraft 
     accident outside the United States involving major loss of 
     life, the air carrier will consult with the Board and the 
     Department of State on the provision of the assistance.''.
       (4) Submission of updated plans.--The amendments made by 
     paragraphs (1), (2), and (3) shall take effect on the 180th 
     day following the date of the enactment of this Act. On or 
     before such 180th day, each air carrier holding a certificate 
     of public convenience and necessity under section 41102 of 
     title 49, United States Code, shall submit to the Secretary 
     of Transportation and the Chairman of the National 
     Transportation Safety Board an updated plan under section 
     41113 of such title that meets the requirement of the 
     amendments made by paragraphs (1), (2), and (3).
       (5) Conforming amendments.--Section 41113 is amended--
       (A) in subsection (a) by striking ``Not later than 6 months 
     after the date of the enactment of this section, each air 
     carrier'' and inserting ``Each air carrier''; and
       (B) in subsection (c) by striking ``After the date that is 
     6 months after the date of the enactment of this section, the 
     Secretary'' and inserting ``The Secretary''.
       (b) Limitation on Liability.--Section 41113(d) is amended 
     by inserting ``, or in providing information concerning a 
     flight reservation,'' before ``pursuant to a plan''.
       (c) Limitation on Statutory Construction.--Section 41113 is 
     amended by adding at the end the following:
       ``(f) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that an 
     air carrier may take, or the obligations that an air carrier 
     may have, in providing assistance to the families of 
     passengers involved in an aircraft accident.''.

     SEC. 403. FOREIGN AIR CARRIER PLANS.

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

     SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS ACT.

       (a) In General.--Section 40120(a) is amended by inserting 
     ``(including the Act entitled `An Act relating to the 
     maintenance of actions for death on the high seas and other 
     navigable waters', approved March 30, 1920, commonly known as 
     the Death on the High Seas Act (46 U.S.C. App. 761-767; 41 
     Stat. 537-538))'' after ``United States''.
       (b) Applicability.--The amendment made by subsection (a) 
     applies to civil actions commenced after the date of the 
     enactment of this Act and to civil actions that are not 
     adjudicated by a court of original jurisdiction or settled on 
     or before such date of the enactment.

                            TITLE V--SAFETY

     SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.

       (a) In General.--The Administrator shall require by 
     regulation that, no later than December 31, 2002, equipment 
     be installed, on each cargo aircraft with a maximum 
     certificated takeoff weight in excess of 15,000 kilograms, 
     that provides protection from mid-air collisions using 
     technology that provides--
       (1) cockpit based collision detection and conflict 
     resolution guidance, including display of traffic; and
       (2) a margin of safety of at least the same level as 
     provided by the collision avoidance system known as TCAS-II.
       (b) Extension of Deadline.--The Administrator may extend 
     the deadline established by subsection (a) by not more than 2 
     years if the Administrator finds that the extension is needed 
     to promote--
       (1) a safe and orderly transition to the operation of a 
     fleet of cargo aircraft equipped with collision avoidance 
     equipment; or
       (2) other safety or public interest objectives.

     SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.

       Section 44936(f) is amended--

[[Page H7449]]

       (1) in paragraph (1)(B) by inserting ``(except a branch of 
     the United States Armed Forces, the National Guard, or a 
     reserve component of the United States Armed Forces)'' after 
     ``person'' the first place it appears;
       (2) in paragraph (1)(B)(ii) by striking ``individual'' the 
     first place it appears and inserting ``individual's 
     performance as a pilot'';
       (3) in paragraph (14)(B) by inserting ``or from a foreign 
     government or entity that employed the individual'' after 
     ``exists''; and
       (4) by adding at the end the following:
       ``(15) Electronic access to faa records.--For the purpose 
     of increasing timely and efficient access to Federal Aviation 
     Administration records described in paragraph (1), the 
     Administrator may allow, under terms established by the 
     Administrator, a designated individual to have electronic 
     access to a specified database containing information about 
     such records.''.

     SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.

       Section 347(b)(1) of the Department of Transportation and 
     Related Agencies Appropriations Act, 1996 (49 U.S.C. 106 
     note; 109 Stat. 460) is amended by inserting before the 
     semicolon at the end the following: ``, including the 
     provisions for investigation and enforcement as provided in 
     chapter 12 of title 5, United States Code''.

     SEC. 504. SAFETY RISK MITIGATION PROGRAMS.

       Section 44701 is further amended by adding at the end the 
     following:
       ``(g) Safety Risk Management Program Guidelines.--The 
     Administrator shall issue guidelines and encourage the 
     development of air safety risk mitigation programs throughout 
     the aviation industry, including self-audits and self-
     disclosure programs.''.

     SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

       Not later than 30 days after the date of the enactment of 
     this Act, the Administrator shall issue a notice of proposed 
     rulemaking to develop procedures to protect air carriers and 
     their employees from civil enforcement actions under the 
     program known as Flight Operations Quality Assurance. Not 
     later than 1 year after the last day of the period for public 
     comment provided for in the notice of proposed rulemaking, 
     the Administrator shall issue a final rule establishing such 
     procedures.

     SEC. 506. SMALL AIRPORT CERTIFICATION.

       Not later than 60 days after the date of the enactment of 
     this Act, the Administrator shall issue a notice of proposed 
     rulemaking on implementing section 44706(a)(2) of title 49, 
     United States Code, relating to issuance of airport operating 
     certificates for small scheduled passenger air carrier 
     operations. Not later than 1 year after the last day of the 
     period for public comment provided for in the notice of 
     proposed rulemaking, the Administrator shall issue a final 
     rule on implementing such program.

     SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.

       (a) In General.--Chapter 447 is amended by adding at the 
     end the following:

     ``Sec. 44725. Life-limited aircraft parts

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration shall conduct a rulemaking proceeding 
     to require the safe disposition of life-limited parts removed 
     from an aircraft. The rulemaking proceeding shall ensure that 
     the disposition deter installation on an aircraft of a life-
     limited part that has reached or exceeded its life limits.
       ``(b) Safe Disposition.--For the purposes of this section, 
     safe disposition includes any of the following methods:
       ``(1) The part may be segregated under circumstances that 
     preclude its installation on an aircraft.
       ``(2) The part may be permanently marked to indicate its 
     used life status.
       ``(3) The part may be destroyed in any manner calculated to 
     prevent reinstallation in an aircraft.
       ``(4) The part may be marked, if practicable, to include 
     the recordation of hours, cycles, or other airworthiness 
     information. If the parts are marked with cycles or hours of 
     usage, that information must be updated every time the part 
     is removed from service or when the part is retired from 
     service.
       ``(5) Any other method approved by the Administrator.
       ``(c) Deadlines.--In conducting the rulemaking proceeding 
     under subsection (a), the Administrator shall--
       ``(1) not later than 180 days after the date of the 
     enactment of this section, issue a notice of proposed 
     rulemaking; and
       ``(2) not later than 180 days after the close of the 
     comment period on the proposed rule, issue a final rule.
       ``(d) Prior-Removed Life-Limited Parts.--No rule issued 
     under subsection (a) shall require the marking of parts 
     removed before the effective date of the rules issued under 
     subsection (a), nor shall any such rule forbid the 
     installation of an otherwise airworthy life-limited part.''.
       (b) Civil Penalty.--Section 46301(a)(3) is amended--
       (1) in subparagraph (A) by striking ``or'' at the end;
       (2) in subparagraph (B) by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(C) a violation of section 44725, relating to the safe 
     disposal of life-limited aircraft parts;''.
       (c) Conforming Amendment.--The analysis for chapter 447 is 
     further amended by adding at the end the following:

``44725. Life-limited aircraft parts.''.

     SEC. 508. FAA MAY FINE UNRULY PASSENGERS.

       (a) In General.--Chapter 463 is amended--
       (1) by redesignating section 46316 as section 46317; and
       (2) by inserting after section 46315 the following:

     ``Sec. 46316. Interference with cabin or flight crew

       ``(a) Civil Penalty.--An individual who interferes with the 
     duties or responsibilities of the flight crew or cabin crew 
     of a civil aircraft, or who poses an imminent threat to the 
     safety of the aircraft or other individuals on the aircraft, 
     is liable to the United States Government for a civil penalty 
     of not more than $25,000.
       ``(b) Ban on Flying.--If the Secretary finds that an 
     individual has interfered with the duties or responsibilities 
     of the flight crew or cabin crew of a civil aircraft in a way 
     that poses an imminent threat to the safety of the aircraft 
     or individuals aboard the aircraft, the individual may be 
     banned by the Secretary for a period of 1 year from flying on 
     any aircraft operated by an air carrier.
       ``(c) Regulations.--The Secretary shall issue regulations 
     to carry out subsection (b), including establishing 
     procedures for imposing bans on flying, implementing such 
     bans, and providing notification to air carriers of the 
     imposition of such bans.''.
       (b) Compromise and Setoff.--Section 46301(f)(1)(A)(i) is 
     amended by inserting ``46316,'' before ``or 47107(b)''.
       (c) Conforming Amendment.--The analysis for chapter 463 is 
     amended by striking the item relating to section 46316 and 
     inserting after the item relating to section 46315 the 
     following:

``46316. Interference with cabin or flight crew.
``46317. General criminal penalty when specific penalty not 
              provided.''.

     SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.

       Not later than March 1, 2000, and annually thereafter for 
     the next 5 years, the Administrator shall transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the progress of 
     the Federal Aviation Administration in implementing the air 
     transportation oversight system. At a minimum, the report 
     shall indicate--
       (1) any funding or staffing constraints that would 
     adversely impact the Administration's ability to fully 
     develop and implement such system;
       (2) progress in integrating the aviation safety data 
     derived from such system's inspections with existing aviation 
     data of the Administration in the safety performance analysis 
     system of the Administration; and
       (3) the Administration's efforts in collaboration with the 
     aviation industry to develop and validate safety performance 
     measures and appropriate risk weightings for the air 
     transportation oversight system.

     SEC. 510. AIRPLANE EMERGENCY LOCATORS.

       (a) Requirement.--Section 44712(b) is amended to read as 
     follows:
       ``(b) Nonapplication.--Subsection (a) does not apply to--
       ``(1) aircraft when used in scheduled flights by scheduled 
     air carriers holding certificates issued by the Secretary of 
     Transportation under subpart II of this part;
       ``(2) aircraft when used in training operations conducted 
     entirely within a 50-mile radius of the airport from which 
     the training operations begin;
       ``(3) aircraft when used in flight operations related to 
     the design and testing, manufacture, preparation, and 
     delivery of aircraft;
       ``(4) aircraft when used in research and development if the 
     aircraft holds a certificate from the Administrator of the 
     Federal Aviation Administration to carry out such research 
     and development;
       ``(5) aircraft when used in showing compliance with 
     regulations crew training, exhibition, air racing, or market 
     surveys;
       ``(6) aircraft when used in the aerial application of a 
     substance for an agricultural purpose;
       ``(7) aircraft with a maximum payload capacity of more than 
     7,500 pounds when used in air transportation; or
       ``(8) aircraft capable of carrying only one individual.''.
       (b) Compliance.--Section 44712 is amended by redesignating 
     subsection (c) as subsection (d) and by inserting after 
     subsection (b) the following:
       ``(c) Compliance.--An aircraft meets the requirement of 
     subsection (a) if it is equipped with an emergency locator 
     transmitter that transmits on the 121.5/243 megahertz 
     frequency or the 406 megahertz frequency, or with other 
     equipment approved by the Secretary for meeting the 
     requirement of subsection (a).''.
       (c) Effective Date; Regulations.--
       (1) Regulations.--The Secretary of Transportation shall 
     issue regulations under section 44712(b) of title 49, United 
     States Code, as amended by this section not later than 
     January 1, 2002.
       (2) Effective date.--The amendments made by this section 
     shall take effect on January 1, 2002.

     SEC. 511. LANDFILLS INTERFERING WITH AIR COMMERCE.

       (a) Findings.--Congress finds that--
       (1) collisions between aircraft and birds have resulted in 
     fatal accidents;

[[Page H7450]]

       (2) bird strikes pose a special danger to smaller aircraft;
       (3) landfills near airports pose a potential hazard to 
     aircraft operating there because they attract birds;
       (4) even if the landfill is not located in the approach 
     path of the airport's runway, it still poses a hazard because 
     of the birds' ability to fly away from the landfill and into 
     the path of oncoming planes;
       (5) while certain mileage limits have the potential to be 
     arbitrary, keeping landfills at least 6 miles away from an 
     airport, especially an airport served by small planes, is an 
     appropriate minimum requirement for aviation safety; and
       (6) closure of existing landfills (due to concerns about 
     aviation safety) should be avoided because of the likely 
     disruption to those who use and depend on such landfills.
       (b) Limitation on Construction.--Section 44718(d) is 
     amended to read as follows:
       ``(d) Limitation on Construction of Landfills.--
       ``(1) In general.--No person shall construct or establish a 
     landfill within 6 miles of an airport primarily served by 
     general aviation aircraft or aircraft designed for 60 
     passengers or less unless the State aviation agency of the 
     State in which the airport is located requests that the 
     Administrator of the Federal Aviation Administration exempt 
     the landfill from this prohibition and the Administrator, in 
     response to such a request, determines that the landfill 
     would not have an adverse impact on aviation safety.
       ``(2) Limitation on applicability.--Paragraph (1) shall not 
     apply to construction or establishment of a landfill if a 
     permit relating to construction or establishment of such 
     landfill was issued on or before June 1, 1999.''.
       (c) Civil Penalty for Violations of Limitation on 
     Construction of Landfills.--Section 46301(a)(3) is further 
     amended by adding at the end the following:
       ``(D) a violation of section 41718(d), relating to 
     limitation on construction of landfills; or''.

     SEC. 512. AMENDMENT OF STATUTE PROHIBITING THE BRINGING OF 
                   HAZARDOUS SUBSTANCES ABOARD AN AIRCRAFT.

       Section 46312 is amended--
       (1) by striking ``A person'' and inserting ``(a) General.--
     A person''; and
       (2) by adding at the end the following:
       ``(b) Knowledge of Regulations.--For purposes of subsection 
     (a), knowledge by the person of the existence of a regulation 
     or requirement related to the transportation of hazardous 
     material prescribed by the Secretary under this part is not 
     an element of an offense under this section but shall be 
     considered in mitigation of the penalty.''.

     SEC. 513. AIRPORT SAFETY NEEDS.

       The Administrator shall initiate a rulemaking proceeding to 
     consider revisions of part 139 of title 14, Code of Federal 
     Regulations, to meet current and future airport safety 
     needs--
       (1) focusing, but not limited to, on the mission of rescue 
     personnel, rescue operations response time, and extinguishing 
     equipment; and
       (2) taking into account the need for different requirements 
     for airports depending on their size.

     SEC. 514. LIMITATION ON ENTRY INTO MAINTENANCE IMPLEMENTATION 
                   PROCEDURES.

       The Administrator may not enter into any maintenance 
     implementation procedure through a bilateral aviation safety 
     agreement unless the Administrator determines that the 
     participating nations are inspecting repair stations so as to 
     ensure their compliance with the standards of the Federal 
     Aviation Administration.

     SEC. 515. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.

       (a) Study.--The Administrator shall conduct a study to 
     determine the number of persons working at airports who are 
     injured or killed as a result of being struck by a moving 
     vehicle while on an airport tarmac, the seriousness of the 
     injuries to such persons, and whether or not reflective 
     safety vests or other actions should be required to enhance 
     the safety of such workers.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study conducted under 
     this section.

     SEC. 516. AIRPORT DISPATCHERS.

       (a) Study.--The Administrator shall conduct a study of the 
     role of airport dispatchers in enhancing aviation safety. The 
     study shall include an assessment of whether or not aircraft 
     dispatchers should be required for those operations not 
     presently requiring aircraft dispatcher assistance, 
     operational control issues related to the aircraft 
     dispatching function, and whether or not designation of 
     positions within the Federal Aviation Administration for 
     oversight of dispatchers would enhance aviation safety.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study conducted under 
     this section.

     SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT 
                   MECHANICS.

       The Administrator shall form a partnership with industry to 
     develop a model program to improve the curriculum, teaching 
     methods, and quality of instructors for training individuals 
     that need certification as airframe and powerplant mechanics.

                   TITLE VI--WHISTLEBLOWER PROTECTION

     SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY 
                   INFORMATION.

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

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

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

       ``(a) Discrimination Against Airline Employees.--No air 
     carrier or contractor or subcontractor of an air carrier may 
     discharge an employee or otherwise discriminate against an 
     employee with respect to compensation, terms, conditions, or 
     privileges of employment because the employee (or any person 
     acting pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide (with any knowledge of the employer) or cause to be 
     provided to the employer or Federal Government information 
     relating to any violation or alleged violation of any order, 
     regulation, or standard of the Federal Aviation 
     Administration or any other provision of Federal law relating 
     to air carrier safety under this subtitle or any other law of 
     the United States;
       ``(2) has filed, caused to be filed, or is about to file 
     (with any knowledge of the employer) or cause to be filed a 
     proceeding relating to any violation or alleged violation of 
     any order, regulation, or standard of the Federal Aviation 
     Administration or any other provision of Federal law relating 
     to air carrier safety under this subtitle or any other law of 
     the United States;
       ``(3) testified or is about to testify in such a 
     proceeding; or
       ``(4) assisted or participated or is about to assist or 
     participate in such a proceeding.
       ``(b) Department of Labor Complaint Procedure.--
       ``(1) Filing and notification.--A person who believes that 
     he or she has been discharged or otherwise discriminated 
     against by any person in violation of subsection (a) may, not 
     later than 90 days after the date on which such violation 
     occurs, file (or have any person file on his or her behalf) a 
     complaint with the Secretary of Labor alleging such discharge 
     or discrimination. Upon receipt of such a complaint, the 
     Secretary of Labor shall notify, in writing, the person named 
     in the complaint and the Administrator of the Federal 
     Aviation Administration of the filing of the complaint, of 
     the allegations contained in the complaint, of the substance 
     of evidence supporting the complaint, and of the 
     opportunities that will be afforded to such person under 
     paragraph (2).
       ``(2) Investigation; preliminary order.--
       ``(A) In general.--Not later than 60 days after the date of 
     receipt of a complaint filed under paragraph (1) and after 
     affording the person named in the complaint an opportunity to 
     submit to the Secretary of Labor a written response to the 
     complaint and an opportunity to meet with a representative of 
     the Secretary to present statements from witnesses, the 
     Secretary of Labor shall conduct an investigation and 
     determine whether there is reasonable cause to believe that 
     the complaint has merit and notify, in writing, the 
     complainant and the person alleged to have committed a 
     violation of subsection (a) of the Secretary's findings. If 
     the Secretary of Labor concludes that there is a reasonable 
     cause to believe that a violation of subsection (a) has 
     occurred, the Secretary shall accompany the Secretary's 
     findings with a preliminary order providing the relief 
     prescribed by paragraph (3)(B). Not later than 30 days after 
     the date of notification of findings under this paragraph, 
     either the person alleged to have committed the violation or 
     the complainant may file objections to the findings or 
     preliminary order, or both, and request a hearing on the 
     record. The filing of such objections shall not operate to 
     stay any reinstatement remedy contained in the preliminary 
     order. Such hearings shall be conducted expeditiously. If a 
     hearing is not requested in such 30-day period, the 
     preliminary order shall be deemed a final order that is not 
     subject to judicial review.
       ``(B) Requirements.--
       ``(i) Required showing by complainant.--The Secretary of 
     Labor shall dismiss a complaint filed under this subsection 
     and shall not conduct an investigation otherwise required 
     under subparagraph (A) unless the complainant makes a prima 
     facie showing that any behavior described in paragraphs (1) 
     through (4) of subsection (a) was a contributing factor in 
     the unfavorable personnel action alleged in the complaint.
       ``(ii) Showing by employer.--Notwithstanding a finding by 
     the Secretary that the complainant has made the showing 
     required under clause (i), no investigation otherwise 
     required under subparagraph (A) shall be conducted if the 
     employer demonstrates, by clear and convincing evidence, that 
     the employer would have taken the same unfavorable personnel 
     action in the absence of that behavior.
       ``(iii) Criteria for determination by secretary.--The 
     Secretary may determine that a violation of subsection (a) 
     has occurred only if the complainant demonstrates that any 
     behavior described in paragraphs (1) through (4) of 
     subsection (a) was a contributing factor in the unfavorable 
     personnel action alleged in the complaint.
       ``(iv) Prohibition.--Relief may not be ordered under 
     subparagraph (A) if the employer demonstrates by clear and 
     convincing evidence that the employer would have taken the 
     same unfavorable personnel action in the absence of that 
     behavior.
       ``(3) Final order.--

[[Page H7451]]

       ``(A) Deadline for issuance; settlement agreements.--Not 
     later than 120 days after the date of conclusion of a hearing 
     under paragraph (2), the Secretary of Labor shall issue a 
     final order providing the relief prescribed by this paragraph 
     or denying the complaint. At any time before issuance of a 
     final order, a proceeding under this subsection may be 
     terminated on the basis of a settlement agreement entered 
     into by the Secretary of Labor, the complainant, and the 
     person alleged to have committed the violation.
       ``(B) Remedy.--If, in response to a complaint filed under 
     paragraph (1), the Secretary of Labor determines that a 
     violation of subsection (a) has occurred, the Secretary of 
     Labor shall order the person who committed such violation 
     to--
       ``(i) take affirmative action to abate the violation;
       ``(ii) reinstate the complainant to his or her former 
     position together with the compensation (including back pay) 
     and restore the terms, conditions, and privileges associated 
     with his or her employment; and
       ``(iii) provide compensatory damages to the complainant.
     If such an order is issued under this paragraph, the 
     Secretary of Labor, at the request of the complainant, shall 
     assess against the person against whom the order is issued a 
     sum equal to the aggregate amount of all costs and expenses 
     (including attorneys' and expert witness fees) reasonably 
     incurred, as determined by the Secretary of Labor, by the 
     complainant for, or in connection with, the bringing the 
     complaint upon which the order was issued.
       ``(C) Frivolous complaints.--If the Secretary of Labor 
     finds that a complaint under paragraph (1) is frivolous or 
     has been brought in bad faith, the Secretary of Labor may 
     award to the prevailing employer a reasonable attorney's fee 
     not exceeding $5,000.
       ``(4) Review.--
       ``(A) Appeal to court of appeals.--Any person adversely 
     affected or aggrieved by an order issued under paragraph (3) 
     may obtain review of the order in the United States Court of 
     Appeals for the circuit in which the violation, with respect 
     to which the order was issued, allegedly occurred or the 
     circuit in which the complainant resided on the date of such 
     violation. The petition for review must be filed not later 
     than 60 days after the date of the issuance of the final 
     order of the Secretary of Labor. Review shall conform to 
     chapter 7 of title 5, United States Code. The commencement of 
     proceedings under this subparagraph shall not, unless ordered 
     by the court, operate as a stay of the order.
       ``(B) Limitation on collateral attack.--An order of the 
     Secretary of Labor with respect to which review could have 
     been obtained under subparagraph (A) shall not be subject to 
     judicial review in any criminal or other civil proceeding.
       ``(5) Enforcement of order by secretary of labor.--Whenever 
     any person has failed to comply with an order issued under 
     paragraph (3), the Secretary of Labor may file a civil action 
     in the United States district court for the district in which 
     the violation was found to occur to enforce such order. In 
     actions brought under this paragraph, the district courts 
     shall have jurisdiction to grant all appropriate relief 
     including, but not limited to, injunctive relief and 
     compensatory damages.
       ``(6) Enforcement of order by parties.--
       ``(A) Commencement of action.--A person on whose behalf an 
     order was issued under paragraph (3) may commence a civil 
     action against the person to whom such order was issued to 
     require compliance with such order. The appropriate United 
     States district court shall have jurisdiction, without regard 
     to the amount in controversy or the citizenship of the 
     parties, to enforce such order.
       ``(B) Attorney fees.--The court, in issuing any final order 
     under this paragraph, may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any party whenever the court determines such award is 
     appropriate.
       ``(c) Mandamus.--Any nondiscretionary duty imposed by this 
     section shall be enforceable in a mandamus proceeding brought 
     under section 1361 of title 28, United States Code.
       ``(d) Nonapplicability to Deliberate Violations.--
     Subsection (a) shall not apply with respect to an employee of 
     an air carrier, contractor, or subcontractor who, acting 
     without direction from such air carrier, contractor, or 
     subcontractor (or such person's agent), deliberately causes a 
     violation of any requirement relating to air carrier safety 
     under this subtitle or any other law of the United States.
       ``(e) Contractor Defined.--In this section, the term 
     `contractor' means a company that performs safety-sensitive 
     functions by contract for an air carrier.''.
       (b) Conforming Amendment.--The analysis for chapter 421 is 
     amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

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

     SEC. 602. CIVIL PENALTY.

       Section 46301(a)(1)(A) is amended by striking ``subchapter 
     II of chapter 421'' and inserting ``subchapter II or III of 
     chapter 421''.

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

       Section 106(g)(1)(A) is amended by striking ``40113(a), 
     (c), and (d),'' and all that follows through ``45302-45304,'' 
     and inserting ``40113(a), 40113(c), 40113(d), 40113(e), 
     40114(a), and 40119, chapter 445 (except sections 44501(b), 
     44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 
     44510, 44514, and 44515), chapter 447 (except sections 44717, 
     44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 
     44723), chapter 449 (except sections 44903(d), 44904, 44905, 
     44907-44911, 44913, 44915, and 44931-44934), chapter 451, 
     chapter 453, sections''.

     SEC. 702. PUBLIC AIRCRAFT.

       (a) Restatement of Definition of Public Aircraft Without 
     Substantive Change.--Section 40102(a)(38) (as redesignated by 
     section 301 of this Act) is amended to read as follows:
       ``(38) `public aircraft' means an aircraft--
       ``(A) used only for the United States Government, and 
     operated under the conditions specified by section 40125(b) 
     if owned by the Government;
       ``(B) owned by the United States Government, operated by 
     any person for purposes related to crew training, equipment 
     development, or demonstration, and operated under the 
     conditions specified by section 40125(b);
       ``(C) owned and operated by the government of a State, the 
     District of Columbia, a territory or possession of the United 
     States, or a political subdivision of one of these 
     governments, under the conditions specified by section 
     40125(c); or
       ``(D) exclusively leased for at least 90 continuous days by 
     the government of a State, the District of Columbia, a 
     territory or possession of the United States, or a political 
     subdivision of one of these governments, under the conditions 
     specified by section 40125(c).
       ``(E) owned by the armed forces or chartered to provide 
     transportation to the armed forces under the conditions 
     specified by section 40125(d).''.
       (b) Qualifications for Public Aircraft Status.--
       (1) In General.--Chapter 401 is amended by adding at the 
     end the following:

     ``Sec. 40125. Qualifications for public aircraft status

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Commercial purposes.--The term `commercial purposes' 
     means the transportation of persons or property for 
     compensation or hire, but does not include the operation of 
     an aircraft by the armed forces for reimbursement when that 
     reimbursement is required by Federal law or by one government 
     on behalf of another government under a cost reimbursement 
     agreement if the government on whose behalf the operation is 
     conducted certifies to the Administrator of the Federal 
     Aviation Administration that the operation is necessary to 
     respond to a significant and imminent threat to life or 
     property (including natural resources) and that no service by 
     a private operator is reasonably available to meet the 
     threat.
       ``(2) Governmental function.--The term `governmental 
     function' means an activity undertaken by a government, such 
     as national defense, intelligence missions, firefighting, 
     search and rescue, law enforcement (including transport of 
     prisoners, detainees, and illegal aliens), aeronautical 
     research, or biological or geological resource management.
       ``(3) Qualified non-crewmember.--The term `qualified non-
     crewmember' means an individual, other than a member of the 
     crew, aboard an aircraft--
       ``(A) operated by the armed forces or an intelligence 
     agency of the United States Government; or
       ``(B) whose presence is required to perform, or is 
     associated with the performance of, a governmental function.
       ``(4) Armed forces.--The term `armed forces' has the 
     meaning given such term by section 101 of title 10, United 
     States Code.
       ``(b) Aircraft Owned by the United States.--An aircraft 
     described in subparagraph (A) or (B) of section 40102(a)(38), 
     if owned by the Government, qualifies as a public aircraft 
     except when it is used for commercial purposes or to carry an 
     individual other than a crewmember or a qualified non-
     crewmember.
       ``(c) Aircraft Owned by State and Local Governments.--An 
     aircraft described in subparagraph (C) or (D) of section 
     40102(a)(38) qualifies as a public aircraft except when it is 
     used for commercial purposes or to carry an individual other 
     than a crewmember or a qualified non-crewmember.
       ``(d) Aircraft owned or operated by the armed forces.--An 
     aircraft described in section 40102(38)(E) qualifies as a 
     public aircraft if--
       ``(1) the aircraft is operated in accordance with title 10; 
     or
       ``(2) the aircraft is chartered to provide transportation 
     to the armed forces and the Secretary of Defense (or the 
     Secretary of the department in which the Coast Guard is 
     operating) designates the operation of the aircraft as being 
     required in the national interest.''.
       (2) Conforming amendment.--The analysis for chapter 401 is 
     amended by adding at the end the following:

``40125. Qualifications for public aircraft status.''.

       (c) Safety of Public Aircraft.--
       (1) Study.--The National Transportation Safety Board shall 
     conduct a study to compare the safety of public aircraft and 
     civil aircraft. In conducting the study, the Board shall 
     review safety statistics on aircraft operations since 1993.

[[Page H7452]]

       (2) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the National Transportation Safety 
     Board shall transmit to Congress a report containing the 
     results of the study conducted under paragraph (1).

     SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

       Section 40110 is amended by adding at the end the 
     following:
       ``(d) Prohibition on Release of Offeror Proposals.--
       ``(1) General rule.--Except as provided in paragraph (2), a 
     proposal in the possession or control of the Administrator 
     may not be made available to any person under section 552 of 
     title 5, United States Code.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     portion of a proposal of an offeror the disclosure of which 
     is authorized by the Administrator pursuant to procedures 
     published in the Federal Register. The Administrator shall 
     provide an opportunity for public comment on the procedures 
     for a period of not less than 30 days beginning on the date 
     of such publication in order to receive and consider the 
     views of all interested parties on the procedures. The 
     procedures shall not take effect before the 60th day 
     following the date of such publication.
       ``(3) Proposal defined.--In this subsection, the term 
     `proposal' means information contained in or originating from 
     any proposal, including a technical, management, or cost 
     proposal, submitted by an offeror in response to the 
     requirements of a solicitation for a competitive proposal.''.

     SEC. 704. MULTIYEAR PROCUREMENT CONTRACTS.

       Section 40111 is amended--
       (1) by redesignating subsections (b) through (d) as 
     subsections (c) through (e), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Telecommunications Services.--Notwithstanding section 
     1341(a)(1)(B) of title 31, the Administrator may make a 
     contract of not more than 10 years for telecommunication 
     services that are provided through the use of a satellite if 
     the Administrator finds that the longer contract period would 
     be cost beneficial.''.

     SEC. 705. FEDERAL AVIATION ADMINISTRATION PERSONNEL 
                   MANAGEMENT SYSTEM.

       (a) Mediation.--Section 40122(a)(2) is amended by adding at 
     the end the following: ``The 60-day period shall not include 
     any period during which Congress has adjourned sine die.''.
       (b) Right To Contest Adverse Personnel Actions.--Section 
     40122 is amended by adding at the end the following:
       ``(g) Right To Contest Adverse Personnel Actions.--An 
     employee of the Federal Aviation Administration who is the 
     subject of a major adverse personnel action may contest the 
     action either through any contractual grievance procedure 
     that is applicable to the employee as a member of the 
     collective bargaining unit or through the Administration's 
     internal process relating to review of major adverse 
     personnel actions of the Administration, known as Guaranteed 
     Fair Treatment or under section 347(c) of the Department of 
     Transportation and Related Agencies Appropriations Act, 1996.
       ``(h) Election of Forum.--Where a major adverse personnel 
     action may be contested through more than one of the 
     indicated forums (such as the contractual grievance 
     procedure, the Federal Aviation Administration's internal 
     process, or that of the Merit Systems Protection Board), an 
     employee must elect the forum through which the matter will 
     be contested. Nothing in this section is intended to allow an 
     employee to contest an action through more than one forum 
     unless otherwise allowed by law.
       ``(i) Definition.--For purposes of this section, the term 
     `major adverse personnel action' means a suspension of more 
     than 14 days, a reduction in pay or grade, a removal for 
     conduct or performance, a nondisciplinary removal, a furlough 
     of 30 days or less (but not including placement in a nonpay 
     status as the result of a lapse of appropriations or an 
     enactment by Congress), or a reduction in force action.''.
       (c) Applicability of Merit Systems Protection Board 
     Provisions.--Section 347(b) of the Department of 
     Transportation and Related Agencies Appropriations Act, 1996 
     (109 Stat. 460) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) sections 1204, 1211-1218, 1221, and 7701-7703, 
     relating to the Merit Systems Protection Board.''.
       (d) Appeals to Merit Systems Protection Board.--Section 
     347(c) of the Department of Transportation and Related 
     Agencies Appropriations Act, 1996 is amended to read as 
     follows:
       ``(c) Appeals to Merit Systems Protection Board.--Under the 
     new personnel management system developed and implemented 
     under subsection (a), an employee of the Federal Aviation 
     Administration may submit an appeal to the Merit Systems 
     Protection Board and may seek judicial review of any 
     resulting final orders or decisions of the Board from any 
     action that was appealable to the Board under any law, rule, 
     or regulation as of March 31, 1996.''.

     SEC. 706. NONDISCRIMINATION IN AIRLINE TRAVEL.

       (a) Discriminatory Practices.--Section 41310(a) is amended 
     to read as follows:
       ``(a) Prohibitions.--
       ``(1) In general.--An air carrier or foreign air carrier 
     may not subject a person, place, port, or type of traffic in 
     foreign air transportation to unreasonable discrimination.
       ``(2) Discrimination against persons.--An air carrier or 
     foreign air carrier may not subject a person in foreign air 
     transportation to discrimination on the basis of race, color, 
     national origin, religion, or sex.''.
       (b) Interstate Air Transportation.--Section 41702 is 
     amended--
       (1) by striking ``An air carrier'' and inserting ``(a) Safe 
     and Adequate Air Transportation.--An air carrier''; and
       (2) by adding at the end the following:
       ``(b) Discrimination Against Persons.--An air carrier may 
     not subject a person in interstate air transportation to 
     discrimination on the basis of race, color, national origin, 
     religion, or sex.''.
       (c) Discrimination Against Handicapped Individuals by 
     Foreign Air Carriers.--Section 41705 is amended--
       (1) by inserting ``(a) General Prohibition.--'' before ``In 
     providing''; and
       (2) by adding at the end the following:
       ``(b) Prohibition Applicable to Foreign Air Carriers.--
     Subject to section 40105(b), the prohibition on 
     discrimination against an otherwise qualified individual set 
     forth in subsection (a) shall apply to a foreign air carrier 
     in providing foreign air transportation.''.
       (d) Civil Penalty for Violations of Prohibition on 
     Discrimination Against the Handicapped.--Section 46301(a)(3) 
     is further amended by adding at the end the following:
       ``(E) a violation of section 41705, relating to 
     discrimination against handicapped individuals.''.
       (e) International Aviation Standards for Accommodating the 
     Handicapped.--The Secretary of Transportation shall work with 
     appropriate international organizations and the aviation 
     authorities of other nations to bring about the establishment 
     of higher standards, if appropriate, for accommodating 
     handicapped passengers in air transportation, particularly 
     with respect to foreign air carriers that code share with 
     domestic air carriers.

     SEC. 707. JOINT VENTURE AGREEMENT.

       Section 41716(a)(1) is amended by striking ``an agreement 
     entered into by a major air carrier'' and inserting ``an 
     agreement entered into between two or more major air 
     carriers''.

     SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.

       Section 44310 is amended by striking ``after'' and all that 
     follows and inserting ``after December 31, 2004.''.

     SEC. 709. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

       Section 44502(a) is further amended by adding at the end 
     the following:
       ``(6) Improvements on leased properties.--The Administrator 
     may make improvements to real property leased for no or 
     nominal consideration for an air navigation facility, 
     regardless of whether the cost of making the improvements 
     exceeds the cost of leasing the real property, if--
       ``(A) the improvements primarily benefit the Government;
       ``(B) the improvements are essential for accomplishment of 
     the mission of the Federal Aviation Administration; and
       ``(C) the interest of the Government in the improvements is 
     protected.''.

     SEC. 710. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO 
                   CONVENTION.

       Section 44701 is amended by--
       (1) redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Bilateral Exchanges of Safety Oversight 
     Responsibilities.--
       ``(1) In general.--Notwithstanding the provisions of this 
     chapter, the Administrator, pursuant to Article 83 bis of the 
     Convention on International Civil Aviation and by a bilateral 
     agreement with the aeronautical authorities of another 
     country, may exchange with that country all or part of their 
     respective functions and duties with respect to registered 
     aircraft under the following articles of the Convention: 
     Article 12 (Rules of the Air); Article 31 (Certificates of 
     Airworthiness); or Article 32a (Licenses of Personnel).
       ``(2) Relinquishment and acceptance of responsibility.--The 
     Administrator relinquishes responsibility with respect to the 
     functions and duties transferred by the Administrator as 
     specified in the bilateral agreement, under the Articles 
     listed in paragraph (1) for United States-registered aircraft 
     described in paragraph (4)(A) transferred abroad and accepts 
     responsibility with respect to the functions and duties under 
     those Articles for aircraft registered abroad and described 
     in paragraph (4)(B) that are transferred to the United 
     States.
       ``(3) Conditions.--The Administrator may predicate, in the 
     agreement, the transfer of functions and duties under this 
     subsection on any conditions the Administrator deems 
     necessary and prudent, except that the Administrator may not 
     transfer responsibilities for United States registered 
     aircraft described in paragraph (4)(A) to a country that the 
     Administrator determines is not in compliance with its 
     obligations under international law for the safety oversight 
     of civil aviation.
       ``(4) Registered aircraft defined.--In this subsection, the 
     term `registered aircraft' means--

[[Page H7453]]

       ``(A) aircraft registered in the United States and operated 
     pursuant to an agreement for the lease, charter, or 
     interchange of the aircraft or any similar arrangement by an 
     operator that has its principal place of business or, if it 
     has no such place of business, its permanent residence in 
     another country; or
       ``(B) aircraft registered in a foreign country and operated 
     under an agreement for the lease, charter, or interchange of 
     the aircraft or any similar arrangement by an operator that 
     has its principal place of business or, if it has no such 
     place of business, its permanent residence in the United 
     States.''.

     SEC. 711. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

       Section 44703 is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Public Information.--
       ``(1) In general.--Subject to paragraph (2) and 
     notwithstanding any other provision of law, the information 
     contained in the records of contents of any airman 
     certificate issued under this section that is limited to an 
     airman's name, address, and ratings held shall be made 
     available to the public after the 120th day following the 
     date of the enactment of the Aviation Investment and Reform 
     Act for the 21st Century.
       ``(2) Opportunity to withhold information.--Before making 
     any information concerning an airman available to the public 
     under paragraph (1), the airman shall be given an opportunity 
     to elect that the information not be made available to the 
     public.
       ``(3) Development and implementation of program.--Not later 
     than 60 days after the date of the enactment of the Aviation 
     Investment and Reform Act for the 21st Century, the 
     Administrator shall develop and implement, in cooperation 
     with representatives of the aviation industry, a one-time 
     written notification to airmen to set forth the implications 
     of making information concerning an airman available to the 
     public under paragraph (1) and to carry out paragraph (2).''.

     SEC. 712. APPEALS OF EMERGENCY REVOCATIONS OF CERTIFICATES.

       Section 44709(e) is amended to read as follows:
       ``(e) Effectiveness of Orders Pending Appeal.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     a person files an appeal with the Board under section (d), 
     the order of the Administrator is stayed.
       ``(2) Emergencies.--If the Administrator advises the Board 
     that an emergency exists and safety in air commerce or air 
     transportation requires the order to be effective 
     immediately, the order is effective, except that a person 
     filing an appeal under subsection (d) may file a written 
     petition to the Board for an emergency stay on the issues of 
     the appeal that are related to the existence of the 
     emergency. The Board shall have 10 days to review the 
     materials. If any two members of the Board determine that 
     sufficient grounds exist to grant a stay, an emergency stay 
     shall be granted. If an emergency stay is granted, the Board 
     must meet within 15 days of the granting of the stay to make 
     a final disposition of the issues related to the existence of 
     the emergency.
       ``(3) Final disposition of appeal.--In all cases, the Board 
     shall make a final disposition of the merits of the appeal 
     not later than 60 days after the Administrator advises the 
     Board of the order.''.

     SEC. 713. GOVERNMENT AND INDUSTRY CONSORTIA.

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

     SEC. 714. PASSENGER MANIFEST.

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

     SEC. 715. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

       Section 45301 is amended--
       (1) by striking subsection (a)(2) and inserting the 
     following:
       ``(2) Services (other than air traffic control services) 
     provided to a foreign government or to any entity obtaining 
     services outside the United States, except that the 
     Administrator shall not impose fees in any manner for 
     production-certification related service performed outside 
     the United States pertaining to aeronautical products 
     manufactured outside the United States.''; and
       (2) by adding at the end the following:
       ``(d) Production-Certification Related Service Defined.--In 
     this section, the term `production-certification related 
     service' has the meaning given that term in appendix C of 
     part 187 of title 14, Code of Federal Regulations.''.

     SEC. 716. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

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

     SEC. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.

       (a) Waivers for Aircraft Not Complying With Stage 3 Noise 
     Levels.--Section 47528(b)(1) is amended in the first sentence 
     by inserting ``or foreign air carrier'' after ``air 
     carrier''.
       (b) Exemption for Aircraft Modification or Disposal.--
     Section 47528 is amended--
       (1) in subsection (a) by inserting ``or (f)'' after 
     ``(b)''; and
       (2) by adding at the end the following:
       ``(f) Aircraft Modification or Disposal.--After December 
     31, 1999, the Secretary may provide a procedure under which a 
     person may operate a stage 1 or stage 2 aircraft in 
     nonrevenue service to or from an airport in the United States 
     in order to--
       ``(1) sell the aircraft outside the United States;
       ``(2) sell the aircraft for scrapping; or
       ``(3) obtain modifications to the aircraft to meet stage 3 
     noise levels.''.
       (c) Limited Operation of Certain Aircraft.--Section 
     47528(e) is amended by adding at the end the following:
       ``(4) An air carrier operating stage 2 aircraft under this 
     subsection may operate stage 2 aircraft to or from the 48 
     contiguous States on a nonrevenue basis in order to--
       ``(A) perform maintenance (including major alterations) or 
     preventative maintenance on aircraft operated, or to be 
     operated, within the limitations of paragraph (2)(B); or
       ``(B) conduct operations within the limitations of 
     paragraph (2)(B).''.

     SEC. 718. METROPOLITAN WASHINGTON AIRPORT AUTHORITY.

       (a) Extension of Application Approvals.--Section 49108 is 
     amended by striking ``2001'' and inserting ``2004''.
       (b) Elimination of Deadline for Appointment of Members to 
     Board of Directors.--Section 49106(c)(6) is amended by 
     striking subparagraph (C) and by redesignating subparagraph 
     (D) as subparagraph (C).

     SEC. 719. ACQUISITION MANAGEMENT SYSTEM.

       Section 348 of the Department of Transportation and Related 
     Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 
     Stat. 460) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Contracts Extending Into a Subsequent Fiscal Year.--
     Notwithstanding subsection (b)(3), the Administrator may 
     enter into contracts for procurement of severable services 
     that begin in one fiscal year and end in another if (without 
     regard to any option to extend the period of the contract) 
     the contract period does not exceed 1 year.''.

     SEC. 720. CENTENNIAL OF FLIGHT COMMISSION.

       (a) Membership.--
       (1) Appointment.--Section 4(a)(5) of the Centennial of 
     Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3487) 
     is amended by inserting ``, or his designee,'' after 
     ``prominence''.
       (2) Status.--Section 4 of such Act (112 Stat. 3487) is 
     amended by adding at the end the following:
       ``(g) Status.--The members of the Commission described in 
     paragraphs (1), (3), (4), and (5) of subsection (a) shall not 
     be considered to be officers or employees of the United 
     States.''.
       (b) Duties.--Section 5(a)(7) of such Act (112 Stat. 3488) 
     is amended to read as follows:
       ``(7) as a nonprimary purpose, publish popular and 
     scholarly works related to the history of aviation or the 
     anniversary of the centennial of powered flight.''.
       (c) Conflicts of Interest.--Section 6 of such Act (112 
     Stat. 3488-3489) is amended by adding at the end the 
     following:
       ``(e) Conflicts of Interest.--At its second business 
     meeting, the Commission shall adopt a policy to protect 
     against possible conflicts of interest involving its members 
     and employees. The Commission shall consult with the Office 
     of Government Ethics in the development of such a policy and 
     shall recognize the status accorded its members under section 
     4(g).''.
       (d) Executive Director.--The first sentence of section 7(a) 
     of such Act (112 Stat. 3489) is amended by striking the 
     period at the end and inserting the following: ``or 
     represented on the First Flight Centennial Advisory Board 
     under subparagraphs (A) through (E) of section 12(b)(1).''.
       (e) Exclusive Right to Name, Logos, Emblems, Seals, and 
     Marks.--
       (1) Use of funds.--Section 9(d) of such Act (112 Stat. 
     3490) is amended by striking the period at the end and 
     inserting the following: ``, except that the Commission may 
     transfer any portion of such funds that is in excess of the 
     funds necessary to carry out such duties to any Federal 
     agency or the National Air and Space Museum of the 
     Smithsonian Institution to be used for the sole purpose of 
     commemorating the history of aviation or the centennial of 
     powered flight.''.
       (2) Duties to be carried out by administrator of nasa.--
     Section 9 of such Act (112 Stat. 3490) is amended by adding 
     at the end the following:
       ``(f) Duties To Be Carried Out by Administrator of NASA.--
     The duties of the Commission under this section shall be 
     carried out by the Administrator of the National Aeronautics 
     and Space Administration, in consultation with the 
     Commission.''.

     SEC. 721. AIRCRAFT SITUATIONAL DISPLAY DATA.

       (a) In General.--A memorandum of agreement between the 
     Administrator and any person that directly obtains aircraft 
     situational display data from the Federal Aviation 
     Administration shall require that--

[[Page H7454]]

       (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 the enactment of this Act, between the Administration 
     and a person under which that person obtains aircraft 
     situational display data to incorporate the requirements of 
     subsection (a) within 30 days after that date.

     SEC. 722. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT 
                   OPPORTUNITY COMPLAINTS.

       (a) Hiring of Additional Personnel.--For fiscal year 2000, 
     the Secretary of Transportation may hire or contract for such 
     additional personnel as may be necessary to eliminate the 
     backlog of pending equal employment opportunity complaints to 
     the Department of Transportation and to ensure that 
     investigations of complaints are completed not later than 180 
     days after the date of initiation of the investigation.
       (b) Funding.--Of the amounts appropriated pursuant to 
     section 106(k) of title 49, United States Code, for fiscal 
     year 2000, $2,000,000 may be used to carry out this section.

     SEC. 723. NEWPORT NEWS, VIRGINIA.

       (a) Authority To Grant Waivers.--Notwithstanding section 16 
     of the Federal Airport Act (as in effect on May 14, 1947) or 
     section 47125 of title 49, United States Code, the Secretary 
     shall, subject to section 47153 of such title (as in effect 
     on June 1, 1998), and subsection (b) of this section, waive 
     with respect to airport property parcels that, according to 
     the Federal Aviation Administration approved airport layout 
     plan for Newport News/Williamsburg International Airport, are 
     no longer required for airport purposes from any term 
     contained in the deed of conveyance dated May 14, 1947, under 
     which the United States conveyed such property to the 
     Peninsula Airport Commission for airport purposes of the 
     Commission.
       (b) Conditions.--Any waiver granted by the Secretary under 
     subsection (a) shall be subject to the following conditions:
       (1) The Peninsula Airport Commission shall agree that, in 
     leasing or conveying any interest in the property with 
     respect to which waivers are granted under subsection (a), 
     the Commission will receive an amount that is equal to the 
     fair lease value or the fair market value, as the case may be 
     (as determined pursuant to regulations issued by the 
     Secretary).
       (2) Peninsula Airport Commission shall use any amount so 
     received only for the development, improvement, operation, or 
     maintenance of Newport News/Williamsburg International 
     Airport.

     SEC. 724. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

       The City of Los Angeles Department of Airports may grant an 
     easement to the California Department of Transportation to 
     lands required to provide sufficient right-of-way to 
     facilitate the construction of the California State Route 138 
     bypass, as proposed by the California Department of 
     Transportation.

     SEC. 725. REGULATION OF ALASKA GUIDE PILOTS.

       (a) In General.--Beginning on the date of the enactment of 
     this Act, flight operations conducted by Alaska guide pilots 
     shall be regulated under the general operating and flight 
     rules contained in part 91 of title 14, Code of Federal 
     Regulations.
       (b) Rulemaking Proceeding.--
       (1) In general.--The Administrator shall conduct a 
     rulemaking proceeding and issue a final rule to modify the 
     general operating and flight rules referred to in subsection 
     (a) by establishing special rules applicable to the flight 
     operations conducted by Alaska guide pilots.
       (2) Contents of rules.--A final rule issued by the 
     Administrator under paragraph (1) shall require Alaska guide 
     pilots--
       (A) to operate aircraft inspected no less often than after 
     125 hours of flight time;
       (B) to participate in an annual flight review, as described 
     in section 61.56 of title 14, Code of Federal Regulations;
       (C) to have at least 500 hours of flight time as a pilot;
       (D) to have a commercial rating, as described subpart F of 
     part 61 of such title;
       (E) to hold at least a second-class medical certificate, as 
     described in subpart C of part 67 of such title;
       (F) to hold a current letter of authorization issued by the 
     Administrator; and
       (G) to take such other actions as the Administrator 
     determines necessary for safety.
       (c) Definitions.--In this section, the following 
     definitions apply:
       (1) Letter of authorization.--The term ``letter of 
     authorization'' means a letter issued by the Administrator 
     once every 5 years to an Alaska guide pilot certifying that 
     the pilot is in compliance with general operating and flight 
     rules applicable to the pilot. In the case of a multi-pilot 
     operation, at the election of the operating entity, a letter 
     of authorization may be issued by the Administrator to the 
     entity or to each Alaska guide pilot employed by the entity.
       (2) Alaska guide pilot.--The term ``Alaska guide pilot'' 
     means a pilot who--
       (A) conducts aircraft operations over or within the State 
     of Alaska;
       (B) operates single engine, fixed wing aircraft on floats, 
     wheels, or skis, providing commercial hunting, fishing, or 
     other guide services and related accommodations in the form 
     of camps or lodges; and
       (C) transports clients by such aircraft incidental to 
     hunting, fishing, or other guide services, or uses air 
     transport to enable guided clients to reach hunting or 
     fishing locations.

     SEC. 726. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.

       (a) Establishment of Panel.--The Secretary of 
     Transportation--
       (1) shall establish an Aircraft Repair and Maintenance 
     Advisory Panel to review issues related to the use and 
     oversight of aircraft and aviation component repair and 
     maintenance facilities (in this section referred to as 
     ``aircraft repair facilities'') located within, or outside 
     of, the United States; and
       (2) may seek the advice of the panel on any issue related 
     to methods to increase safety by improving the oversight of 
     aircraft repair facilities.
       (b) Membership.--The panel shall consist of--
       (1) nine members appointed by the Secretary as follows:
       (A) three representatives of labor organizations 
     representing aviation mechanics;
       (B) one representative of cargo air carriers;
       (C) one representative of passenger air carriers;
       (D) one representative of aircraft repair facilities;
       (E) one representative of aircraft manufacturers;
       (F) one representative of on-demand passenger air carriers 
     and corporate aircraft operations; and
       (G) one representative of regional passenger air carriers;
       (2) one representative from the Department of Commerce, 
     designated by the Secretary of Commerce;
       (3) one representative from the Department of State, 
     designated by the Secretary of State; and
       (4) one representative from the Federal Aviation 
     Administration, designated by the Administrator.
       (c) Responsibilities.--The panel shall--
       (1) determine the amount and type of work that is being 
     performed by aircraft repair facilities located within, and 
     outside of, the United States; and
       (2) provide advice and counsel to the Secretary with 
     respect to the aircraft and aviation component repair work 
     performed by aircraft repair facilities and air carriers, 
     staffing needs, and any balance of trade or safety issues 
     associated with that work.
       (d) DOT To Request Information From Air Carriers and Repair 
     Facilities.--
       (1) Collection of information.--The Secretary, by 
     regulation, shall require air carriers, foreign air carriers, 
     domestic repair facilities, and foreign repair facilities to 
     submit such information as the Secretary may require in order 
     to assess balance of trade and safety issues with respect to 
     work performed on aircraft used by air carriers, foreign air 
     carriers, United States corporate operators, and foreign 
     corporate operators.
       (2) Drug and alcohol testing information.--Included in the 
     information the Secretary requires under paragraph (1) shall 
     be information on the existence and administration of 
     employee drug and alcohol testing programs in place at the 
     foreign repair facilities, if applicable. The Secretary, if 
     necessary, shall work with the International Civil Aviation 
     Organization to increase the number and improve the 
     administration of employee drug and alcohol testing programs 
     at the foreign repair facilities.
       (3) Description of work done.--Included in the information 
     the Secretary requires under paragraph (1) shall be 
     information on the amount and type of work performed on 
     aircraft registered in and outside of the United States.
       (e) DOT To Facilitate Collection of Information About 
     Aircraft Maintenance.--The Secretary shall facilitate the 
     collection of information from the National Transportation 
     Safety Board, the Federal Aviation Administration, and other 
     appropriate agencies regarding maintenance performed by 
     aircraft repair facilities.
       (f) DOT To Make Information Available to Public.--The 
     Secretary shall make any relevant information received under 
     subsection (c) available to the public, consistent with the 
     authority to withhold trade secrets or commercial, financial, 
     and other proprietary information under section 552 of title 
     5, United States Code.
       (g) Termination.--The panel established under subsection 
     (a) shall terminate on the earlier of--
       (1) the date that is 2 years after the date of the 
     enactment of this Act; or
       (2) December 31, 2001.
       (h) Definitions.--The definitions contained in section 
     40102 of title 49, United States Code, shall apply to this 
     section.

     SEC. 727. OPERATIONS OF AIR TAXI INDUSTRY.

       (a) Study.--The Administrator, in consultation with the 
     National Transportation Safety Board and other interested 
     persons, shall conduct a study of air taxi operators 
     regulated under part 135 of title 14, Code of Federal 
     Regulations.
       (b) Contents.--The study shall include an analysis of the 
     size and type of the aircraft fleet, relevant aircraft 
     equipment, hours

[[Page H7455]]

     flown, utilization rates, safety record by various categories 
     of use and aircraft type, sales revenues, and airports served 
     by the air taxi fleet.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study.

     SEC. 728. SENSE OF THE CONGRESS CONCERNING COMPLETION OF 
                   COMPREHENSIVE NATIONAL AIRSPACE REDESIGN.

       It is the sense of the Congress that, as soon as is 
     practicable, the Administrator should complete and begin 
     implementation of the comprehensive national airspace 
     redesign that is being conducted by the Administrator.

     SEC. 729. COMPLIANCE WITH REQUIREMENTS.

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

     SEC. 730. AIRCRAFT NOISE LEVELS AT AIRPORTS.

       (a) Development of New Standards.--The Secretary of 
     Transportation shall continue to work to develop a new 
     standard for aircraft and aircraft engines that will lead to 
     a further reduction in aircraft noise levels.
       (b) Report.--Not later than March 1, 2000, and annually 
     thereafter, the Secretary shall transmit to Congress a report 
     regarding the application of new standards or technologies to 
     reduce aircraft noise levels.

     SEC. 731. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.

       The Administrator is encouraged to consider any proposal 
     with a regional consensus submitted by a State aviation 
     authority regarding the expansion of existing airport 
     facilities or the introduction of new airport facilities.

     SEC. 732. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

       (a) Approval of Sale.--To maintain the efficient 
     utilization of airports in the high-growth Cincinnati local 
     airport system, and to ensure that the Cincinnati-Municipal 
     Blue Ash Airport continues to operate to relieve congestion 
     at Cincinnati-Northern Kentucky International Airport and to 
     provide greater access to the general aviation community 
     beyond the expiration of the City of Cincinnati's grant 
     obligations, the Secretary of Transportation may approve the 
     sale of Cincinnati-Municipal Blue Ash Airport from the City 
     of Cincinnati to the City of Blue Ash upon a finding that the 
     City of Blue Ash meets all applicable requirements for 
     sponsorship and if the City of Blue Ash agrees to continue to 
     maintain and operate Blue Ash Airport, as generally 
     contemplated and described within the Blue Ash Master Plan 
     Update dated November 30, 1998, for a period of 20 years from 
     the date existing grant assurance obligations of the City of 
     Cincinnati expire.
       (b) Treatment of Proceeds From Sale.--The proceeds from the 
     sale approved under subsection (a) shall not be considered to 
     be airport revenue for purposes of section 47107 and 47133 of 
     title 49, United States Code, grant obligations of the City 
     of Cincinnati, or regulations and policies of the Federal 
     Aviation Administration.

     SEC. 733. AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING 
                   TO OIL SPILLS.

       (a) Authority To Sell.--
       (1) In general.--Notwithstanding section 202 of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     483) and subject to subsections (b) and (c), the Secretary of 
     Defense may, during the period beginning June 15, 1999, and 
     ending September 30, 2002, sell aircraft and aircraft parts 
     referred to in paragraph (2) to a person or governmental 
     entity that contracts to deliver oil dispersants by air in 
     order to disperse oil spills, and that has been approved by 
     the Secretary of the Department in which the Coast Guard is 
     operating for the delivery of oil dispersants by air in order 
     to disperse oil spills.
       (2) Covered aircraft and aircraft parts.--The aircraft and 
     aircraft parts that may be sold under paragraph (1) are 
     aircraft and aircraft parts of the Department of Defense that 
     are determined by the Secretary of Defense to be--
       (A) excess to the needs of the Department;
       (B) acceptable for commercial sale; and
       (C) with respect to aircraft, 10 years old or older.
       (b) Conditions of Sale.--Aircraft and aircraft parts sold 
     under subsection (a)--
       (1) may be used only for oil spill spotting, observation, 
     and dispersant delivery; and
       (2) may not be flown outside of or removed from the United 
     States, except for the purpose of fulfilling an international 
     agreement to assist in oil spill dispersing efforts or for 
     other purposes that are jointly approved by the Secretary of 
     Defense and the Secretary of Transportation.
       (c) Certification of persons and entities.--The Secretary 
     of Defense may sell aircraft and aircraft parts to a person 
     or governmental entity under subsection (a) only if the 
     Secretary of Transportation certifies to the Secretary of 
     Defense, in writing, before the sale, that the person or 
     governmental entity is capable of meeting the terms and 
     conditions of a contract to deliver oil spill dispersants by 
     air.
       (d) Regulations.--
       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of Transportation and the 
     Administrator of General Services, shall issue regulations 
     relating to the sale of aircraft and aircraft parts under 
     this section.
       (2) Contents.--The regulations shall--
       (A) ensure that the sale of the aircraft and aircraft parts 
     is made at a fair market value as determined by the Secretary 
     of Defense, and, to the extent practicable, on a competitive 
     basis;
       (B) require a certification by the purchaser that the 
     aircraft and aircraft parts will be used in accordance with 
     the conditions set forth in subsection (b);
       (C) establish appropriate means of verifying and enforcing 
     the use of the aircraft and aircraft parts by the purchaser 
     and other users in accordance with the conditions set forth 
     in subsection (b) or pursuant to subsection (e); and
       (D) ensure, to the maximum extent practicable, that the 
     Secretary of Defense consults with the Administrator of 
     General Services and with the heads of other appropriate 
     departments and agencies of the Federal Government regarding 
     alternative uses for such aircraft and aircraft parts before 
     the sale of such aircraft and aircraft parts under this 
     section.
       (e) Additional Terms and Conditions.--The Secretary of 
     Defense may require such other terms and conditions in 
     connection with each sale of aircraft and aircraft parts 
     under this section as the Secretary of Defense considers 
     appropriate for such sale. Such terms and conditions shall 
     meet the requirements of regulations issued under subsection 
     (d).
       (f) Report.--Not later than March 31, 2002, the Secretary 
     of Defense shall submit to the Committee on Armed Services 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Armed Services and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on the Secretary of Defense's 
     exercise of authority under this section. The report shall 
     set forth--
       (1) the number and types of aircraft sold under this 
     section, and the terms and conditions under which the 
     aircraft were sold;
       (2) the persons or entities to which the aircraft were 
     sold; and
       (3) an accounting of the current use of the aircraft sold.
       (g) Construction.--Nothing in this section may be construed 
     as affecting the authority of the Administrator of the 
     Federal Aviation Administration under any other provision of 
     law.
       (h) Proceeds From Sale.--The net proceeds of any amounts 
     received by the Secretary of Defense from the sale of 
     aircraft and aircraft parts under this section shall be 
     deposited into the general fund of the Treasury as 
     miscellaneous receipts.

     SEC. 734. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS 
                   SYSTEMS OUTSIDE THE UNITED STATES.

       (a) Actions Against Discriminatory Activity by Foreign CRS 
     Systems.--Section 41310 is amended by adding at the end the 
     following:
       ``(g) Actions Against Discriminatory Activity by Foreign 
     CRS Systems.--The Secretary of Transportation may take such 
     actions as the Secretary considers are in the public interest 
     to eliminate an activity of a foreign air carrier that owns 
     or markets a computer reservations system, or of a computer 
     reservations system firm whose principal offices are located 
     outside the United States, when the Secretary, on the 
     initiative of the Secretary or on complaint, decides that the 
     activity, with respect to airline service--
       ``(1) is an unjustifiable or unreasonable discriminatory, 
     predatory, or anticompetitive practice against a computer 
     reservations system firm whose principal offices are located 
     inside the United States; or
       ``(2) imposes an unjustifiable or unreasonable restriction 
     on access of such a computer reservations system to a foreign 
     market.''.
       (b) Complaints by CRS Firms.--Section 41310 is amended--
       (1) in subsection (d)(1)--
       (A) by striking ``air carrier'' in the first sentence and 
     inserting ``air carrier, computer reservations system 
     firm,'';
       (B) by striking ``subsection (c)'' and inserting 
     ``subsection (c) or (g)''; and
       (C) by striking ``air carrier'' in subparagraph (B) and 
     inserting ``air carrier or computer reservations system 
     firm''; and
       (2) in subsection (e)(1) by inserting ``or a computer 
     reservations system firm is subject when providing services 
     with respect to airline service'' before the period at the 
     end of the first sentence.

     SEC. 735. ALKALI SILICA REACTIVITY DISTRESS.

       (a) In General.--The Administrator may make a grant to, or 
     enter into a cooperative agreement with, a nonprofit 
     organization for the conduct of a study on the impact of 
     alkali silica reactivity distress on airport runways and 
     taxiways and the use of lithium salts and other alternatives 
     for mitigation and prevention of such distress.
       (b) Report.--Not later than 18 months after making a grant, 
     or entering into a cooperative agreement, under subsection 
     (a) the Administrator shall transmit a report to Congress on 
     the results of the study.

[[Page H7456]]

     SEC. 736. PROCUREMENT OF PRIVATE ENTERPRISE MAPPING, 
                   CHARTING, AND GEOGRAPHIC INFORMATION SYSTEMS.

       The Administrator shall consider procuring mapping, 
     charting, and geographic information systems necessary to 
     carry out the duties of the Administrator under title 49, 
     United States Code, from private enterprises, if the 
     Administrator determines that such procurement furthers the 
     mission of the Federal Aviation Administration and is cost 
     effective.

     SEC. 737. LAND USE COMPLIANCE REPORT.

       Section 47131 is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) a detailed statement listing airports that are not in 
     compliance with grant assurances or other requirements with 
     respect to airport lands and including the circumstances of 
     such noncompliance, the timelines for corrective action, and 
     the corrective action the Secretary intends to take to bring 
     the airport sponsor into compliance.''.

     SEC. 738. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE.

       Of the amounts made available pursuant to section 
     5117(b)(6)(B) of the Transportation Equity Act for the 21st 
     Century (23 U.S.C. 502 note; 112 Stat. 450), not to exceed 
     $1,000,000 for each of fiscal years 2000 and 2001 may be made 
     available by the Secretary of Transportation to establish, at 
     an Army depot that has been closed or realigned, a national 
     transportation data center of excellence that will--
       (1) serve as a satellite facility for the central data 
     repository that is hosted by the computer center of the 
     Transportation Administrative Service; and
       (2) analyze transportation data collected by the Federal 
     Government, States, cities, and the transportation industry.

     SEC. 739. MONROE REGIONAL AIRPORT LAND CONVEYANCE.

       The Secretary of Transportation shall waive all terms 
     contained in the 1949 deed of conveyance under which the 
     United States conveyed certain property then constituting 
     Selman Field, Louisiana, to the City of Monroe, Louisiana, 
     subject to the following conditions:
       (1) The city agrees that in conveying any interest in such 
     property the city will receive an amount for such interest 
     that is equal to the fair market value for such interest.
       (2) The amount received by the city for such conveyance 
     shall be used by the city--
       (A) for the development, improvement, operation, or 
     maintenance of a public airport; or
       (B) for the development or improvement of the city's 
     airport industrial park co-located with the Monroe Regional 
     Airport to the extent that such development or improvement 
     will result in an increase, over time, in the amount the 
     industrial park will pay to the airport to an amount that is 
     greater than the amount the city received for such 
     conveyance.

     SEC. 740. AUTOMATED WEATHER FORECASTING SYSTEMS.

       (a) Contract for Study.--The Administrator shall contract 
     with the National Academy of Sciences to conduct a study of 
     the effectiveness of the automated weather forecasting 
     systems of covered flight service stations solely with regard 
     to providing safe and reliable airport operations.
       (b) Covered Flight Service Stations.--In this section, the 
     term ``covered flight service station'' means a flight 
     service station where automated weather observation 
     constitutes the entire observation and no additional weather 
     information is added by a human weather observer.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     the Congress a report on the results of the study.

     SEC. 741. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, 
                   ARIZONA.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on recent changes to the 
     flight patterns of aircraft using Sky Harbor Airport in 
     Phoenix, Arizona, and the effects of such changes on the 
     noise contours in the Phoenix, Arizona, region.
       (b) Report.--
       (1) In general.--Not later than 90 days after the enactment 
     of this section, the Administrator shall submit a report to 
     Congress containing the results of the study conducted under 
     subsection (a) and recommendations for measures to mitigate 
     aircraft noise over populated areas in the Phoenix, Arizona, 
     region.
       (2) Availability to the public.--The Administrator shall 
     make the report described in paragraph (1) available to the 
     public.

     SEC. 742. NONMILITARY HELICOPTER NOISE.

       (a) In General.--The Secretary of Transportation shall 
     conduct a study--
       (1) on the effects of nonmilitary helicopter noise on 
     individuals; and
       (2) to develop recommendations for the reduction of the 
     effects of nonmilitary helicopter noise.
       (b) Consideration of Views.--In conducting the study under 
     this section, the Secretary shall consider the views of 
     representatives of the helicopter industry and 
     representatives of organizations with an interest in reducing 
     nonmilitary helicopter noise.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study under this 
     section.

             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

     SEC. 801. SHORT TITLE.

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

     SEC. 802. FINDINGS.

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

     SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

       (a) In General.--Chapter 401 is further amended by adding 
     at the end the following:

     ``Sec. 40126. Overflights of national parks

       ``(a) In General.--
       ``(1) General requirements.--A commercial air tour operator 
     may not conduct commercial air tour operations over a 
     national park (including tribal lands) except--
       ``(A) in accordance with this section;
       ``(B) in accordance with conditions and limitations 
     prescribed for that operator by the Administrator; and
       ``(C) in accordance with any applicable air tour management 
     plan for the park.
       ``(2) Application for operating authority.--
       ``(A) Application required.--Before commencing commercial 
     air tour operations over a national park (including tribal 
     lands), a commercial air tour operator shall apply to the 
     Administrator for authority to conduct the operations over 
     the park.
       ``(B) Competitive bidding for limited capacity parks.--
     Whenever an air tour management plan limits the number of 
     commercial air tour operations over a national park during a 
     specified time frame, the Administrator, in cooperation with 
     the Director, shall issue operation specifications to 
     commercial air tour operators that conduct such operations. 
     The operation specifications shall include such terms and 
     conditions as the Administrator and the Director find 
     necessary for management of commercial air tour operations 
     over the park. The Administrator, in cooperation with the 
     Director, shall develop an open competitive process for 
     evaluating proposals from persons interested in providing 
     commercial air tour operations over the park. In making a 
     selection from among various proposals submitted, the 
     Administrator, in cooperation with the Director, shall 
     consider relevant factors, including--
       ``(i) the safety record of the person submitting the 
     proposal or pilots employed by the person;
       ``(ii) any quiet aircraft technology proposed to be used by 
     the person submitting the proposal;
       ``(iii) the experience of the person submitting the 
     proposal with commercial air tour operations over other 
     national parks or scenic areas;
       ``(iv) the financial capability of the company;
       ``(v) any training programs for pilots provided by the 
     person submitting the proposal; and
       ``(vi) responsiveness of the person submitting the proposal 
     to any relevant criteria developed by the National Park 
     Service for the affected park.
       ``(C) Number of operations authorized.--In determining the 
     number of authorizations to issue to provide commercial air 
     tour operations over a national park, the Administrator, in 
     cooperation with the Director, shall take into consideration 
     the provisions of the air tour management plan, the number of 
     existing commercial air tour operators and current level of 
     service and equipment provided by any such operators, and the 
     financial viability of each commercial air tour operation.
       ``(D) Cooperation with nps.--Before granting an application 
     under this paragraph, the Administrator, in cooperation with 
     the Director, shall develop an air tour management plan in 
     accordance with subsection (b) and implement such plan.
       ``(3) Exception.--
       ``(A) In general.--If a commercial air tour operator 
     secures a letter of agreement from the Administrator and the 
     superintendent

[[Page H7457]]

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

[[Page H7458]]

     to ensure the safe operation of the aircraft); or
       ``(B) less than 1 mile laterally from any geographic 
     feature within the park (unless more than \1/2\ mile outside 
     the boundary).
       ``(5) National park.--The term `national park' means any 
     unit of the National Park System.
       ``(6) Tribal lands.--The term `tribal lands' means Indian 
     country (as that term is defined in section 1151 of title 18) 
     that is within or abutting a national park.
       ``(7) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(8) Director.--The term `Director' means the Director of 
     the National Park Service.''.
       (b) Conforming Amendment.--The analysis for chapter 401 is 
     further amended by adding at the end the following:

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

     SEC. 804. ADVISORY GROUP.

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

     SEC. 805. REPORTS.

       (a) Overflight Fee Report.--Not later than 180 days after 
     the date of the enactment of this Act, the Administrator 
     shall transmit to Congress a report on the effects overflight 
     fees are likely to have on the commercial air tour operation 
     industry. The report shall include, but shall not be limited 
     to--
       (1) the viability of a tax credit for the commercial air 
     tour operators equal to the amount of any overflight fees 
     charged by the National Park Service; and
       (2) the financial effects proposed offsets are likely to 
     have on Federal Aviation Administration budgets and 
     appropriations.
       (b) Quiet Aircraft Technology Report.--Not later than 2 
     years after the date of the enactment of this Act, the 
     Administrator and the Director shall jointly transmit a 
     report to Congress on the effectiveness of this title in 
     providing incentives for the development and use of quiet 
     aircraft technology.

     SEC. 806. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.

       Any methodology adopted by a Federal agency to assess air 
     tour noise in any unit of the national park system (including 
     the Grand Canyon and Alaska) shall be based on reasonable 
     scientific methods.

     SEC. 807. EXEMPTIONS.

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

     SEC. 808. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Director.--The term ``Director'' means the Director of 
     the National Park Service.

                      TITLE IX--TRUTH IN BUDGETING

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Truth in Budgeting Act''.

     SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST 
                   FUND.

       Notwithstanding any other provision of law, the receipts 
     and disbursements of the Airport and Airway Trust Fund 
     established by section 9502 of the Internal Revenue Code of 
     1986--
       (1) shall not be counted as new budget authority, outlays, 
     receipts, or deficit or surplus for purposes of--
       (A) the budget of the United States Government as submitted 
     by the President;
       (B) the congressional budget (including allocations of 
     budget authority and outlays provided therein); or
       (C) the Balanced Budget and Emergency Deficit Control Act 
     of 1985; and
       (2) shall be exempt from any general budget limitation 
     imposed by statute on expenditures and net lending (budget 
     outlays) of the United States Government.

     SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT 
                   AND AIRWAY TRUST FUND.

       (a) In General.--Subchapter I of chapter 471 is further 
     amended by adding at the end the following:

     ``Sec. 47138. Safeguards against deficit spending

       ``(a) Estimates of Unfunded Aviation Authorizations and Net 
     Aviation Receipts.--Not later than March 31 of each year, the 
     Secretary of Transportation, in consultation with the 
     Secretary of the Treasury, shall estimate--
       ``(1) the amount which would (but for this section) be the 
     unfunded aviation authorizations at the close of the first 
     fiscal year that begins after that March 31; and
       ``(2) the net aviation receipts to be credited to the 
     Airport and Airway Trust Fund during the fiscal year.
       ``(b) Procedure if Excess Unfunded Aviation 
     Authorizations.--If the Secretary of Transportation 
     determines for any fiscal year that the amount described in 
     subsection (a)(1) exceeds the amount described in subsection 
     (a)(2), the Secretary shall determine the amount of such 
     excess.
       ``(c) Adjustment of Authorizations if Unfunded 
     Authorizations Exceed Receipts.--
       ``(1) Determination of percentage.--If the Secretary 
     determines that there is an excess referred to in subsection 
     (b) for a fiscal year, the Secretary shall determine the 
     percentage which--
       ``(A) such excess, is of
       ``(B) the total of the amounts authorized to be 
     appropriated from the Airport and Airway Trust Fund for the 
     next fiscal year.
       ``(2) Adjustment of authorizations.--If the Secretary 
     determines a percentage under paragraph (1), each amount 
     authorized to be appropriated from the Airport and Airway 
     Trust Fund for the next fiscal year shall be reduced by such 
     percentage.
       ``(d) Availability of Amounts Previously Withheld.--
       ``(1) Adjustment of authorizations.--If, after a reduction 
     has been made under subsection (c)(2), the Secretary 
     determines that the amount described in subsection (a)(1) 
     does not exceed the amount described in subsection (a)(2) or 
     that the excess referred to in subsection (b) is less than 
     the amount previously determined, each amount authorized to 
     be appropriated that was reduced under subsection (c)(2) 
     shall be increased, by an equal percentage, to the extent the 
     Secretary determines that it may be so increased without 
     causing the amount described in subsection (a)(1) to exceed 
     the amount described in subsection (a)(2) (but not by more 
     than the amount of the reduction).
       ``(2) Apportionment.--The Secretary shall apportion amounts 
     made available for apportionment by paragraph (1).
       ``(3) Period of availability.--Any funds apportioned under 
     paragraph (2) shall remain available for the period for which 
     they would be available if such apportionment took effect 
     with the fiscal year in which they are apportioned under 
     paragraph (2).
       ``(e) Reports.--Any estimate under subsection (a) and any 
     determination under subsection (b), (c), or (d) shall be 
     reported by the Secretary to Congress.
       ``(f) Definitions.--For purposes of this section, the 
     following definitions apply:
       ``(1) Net aviation receipts.--The term `net aviation 
     receipts' means, with respect to any period, the excess of--
       ``(A) the receipts (including interest) of the Airport and 
     Airway Trust Fund during such period, over
       ``(B) the amounts to be transferred during such period from 
     the Airport and Airway Trust Fund under section 9502(d) of 
     the Internal Revenue Code of 1986 (other than paragraph (1) 
     thereof).
       ``(2) Unfunded aviation authorizations.--The term `unfunded 
     aviation authorization' means, at any time, the excess (if 
     any) of--
       ``(A) the total amount authorized to be appropriated from 
     the Airport and Airway Trust Fund which has not been 
     appropriated, over

[[Page H7459]]

       ``(B) the amount available in the Airport and Airway Trust 
     Fund at such time to make such appropriation (after all other 
     unliquidated obligations at such time which are payable from 
     the Airport and Airway Trust Fund have been liquidated).''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 471 is further amended by adding at the end the 
     following:

``47138. Safeguards against deficit spending.''.

     SEC. 904. ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS.

       When the President submits the budget under section 1105(a) 
     of title 31, United States Code, for fiscal year 2001, the 
     Director of the Office of Management and Budget shall, 
     pursuant to section 251(b)(1)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, calculate and the 
     budget shall include appropriate reductions to the 
     discretionary spending limits for each of fiscal years 2001 
     and 2002 set forth in section 251(c)(5)(A) and section 
     251(c)(6)(A) of that Act (as adjusted under section 251 of 
     that Act) to reflect the discretionary baseline trust fund 
     spending (without any adjustment for inflation) for the 
     Federal Aviation Administration that is subject to section 
     902 of this Act for each of those two fiscal years.

     SEC. 905. APPLICABILITY.

       This title (including the amendments made by this Act) 
     shall apply to fiscal years beginning after September 30, 
     2000.

            TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS

     SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS.

       (a) In General.--Part C of subtitle VII is amended by 
     adding at the end the following:

         ``CHAPTER 483--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS

``Sec.
``48301. Definitions.
``48302. Adjustments to align aviation authorizations with revenues.
``48303. Adjustment to AIP program funding.
``48304. Estimated aviation income.

     ``Sec. 48301. Definitions

       ``In this chapter, the following definitions apply:
       ``(1) Base year.--The term `base year' means the second 
     fiscal year before the fiscal year for which the calculation 
     is being made.
       ``(2) AIP program.--The term `AIP program' means the 
     programs for which amounts are made available under section 
     48103.
       ``(3) Aviation income.--The term `aviation income' means 
     the tax receipts credited to the Airport and Airway Trust 
     Fund and any interest attributable to the Fund.

     ``Sec. 48302. Adjustment to align aviation authorizations 
       with revenues

       ``(a) Authorization of Appropriations.--Beginning with 
     fiscal year 2003, if the actual level of aviation income for 
     the base year is greater or less than the estimated aviation 
     income level specified in section 48304 for the base year, 
     the amounts authorized to be appropriated (or made available) 
     for the fiscal year under each of sections 106(k), 48101, 
     48102, and 48103 are adjusted as follows:
       ``(1) If the actual level of aviation income for the base 
     year is greater than the estimated aviation income level 
     specified in section 48304 for the base year, the amount 
     authorized to be appropriated (or made available) for such 
     section is increased by an amount determined by multiplying 
     the amount of the excess by the ratio for such section set 
     forth in subsection (b).
       ``(2) If the actual level of aviation income for the base 
     year is less than the estimated aviation income level 
     specified in section 48304 for the base year, the amount 
     authorized to be appropriated (or made available) for such 
     section is decreased by an amount determined by multiplying 
     the amount of the shortfall by the ratio for such section set 
     forth in subsection (b).
       ``(b) Ratio.--The ratio referred to in subsection (a) with 
     respect to section 106(k), 48101, 48102, or 48103, as the 
     case may be, is the ratio that--
       ``(1) the amount authorized to be appropriated (or made 
     available) under such section for the fiscal year; bears to
       ``(2) the total sum of amounts authorized to be 
     appropriated (or made available) under all of such sections 
     for the fiscal year.
       ``(c) President's Budget.--When the President submits a 
     budget for a fiscal year under section 1105 of title 31, 
     United States Code, the Director of the Office of Management 
     and Budget shall calculate and the budget shall report any 
     increase or decrease in authorization levels resulting from 
     this section.

     ``Sec. 48303. Adjustment to AIP program funding

       ``On the effective date of a general appropriations Act 
     providing appropriations for a fiscal year beginning after 
     September 30, 2000, for the Federal Aviation Administration, 
     the amount made available for a fiscal year under section 
     48103 shall be increased by the amount, if any, by which--
       ``(1) the total sum of amounts authorized to be 
     appropriated under all of sections 106(k), 48101, and 48102 
     for such fiscal year, including adjustments made under 
     section 48302; exceeds
       ``(2) the amounts appropriated for programs funded under 
     such sections for such fiscal year.
     Any contract authority made available by this section shall 
     be subject to an obligation limitation.

     ``Sec. 48304. Estimated aviation income

       ``For purposes of section 48302, the estimated aviation 
     income levels are as follows:
       ``(1) $10,734,000,000 for fiscal year 2001.
       ``(2) $11,603,000,000 for fiscal year 2002.
       ``(3) $12,316,000,000 for fiscal year 2003.
       ``(4) $13,062,000,000 for fiscal year 2004.''.
       (b) Conforming Amendment.--The table of chapters for 
     subtitle VII of such title is amended by inserting after the 
     item relating to chapter 482 the following:

``483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS.............48301''.....

     SEC. 1002. BUDGET ESTIMATES.

       Upon the enactment of this Act, the Director of the Office 
     of Management and Budget shall not make any estimates under 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 of changes in direct spending outlays and 
     receipts for any fiscal year resulting from this title and 
     title IX, including the amendments made by such titles.

     SEC. 1003. SENSE OF THE CONGRESS ON FULLY OFFSETTING 
                   INCREASED AVIATION SPENDING.

       It is the sense of the Congress that--
       (1) air passengers and other users of the air 
     transportation system pay aviation taxes into a trust fund 
     dedicated solely to improve the safety, security, and 
     efficiency of the aviation system;
       (2) from fiscal year 2001 to fiscal year 2004, air 
     passengers and other users will pay more than $14.3 billion 
     more in aviation taxes into the Airport and Airway Trust Fund 
     than the concurrent resolution on the budget for fiscal year 
     2000 provides from such Fund for aviation investment under 
     historical funding patterns;
       (3) the Aviation Investment and Reform Act for the 21st 
     Century provides $14.3 billion of aviation investment above 
     the levels assumed in that budget resolution for such fiscal 
     years; and
       (4) this increased funding will be fully offset by 
     recapturing unspent aviation taxes and reducing the $778 
     billion general tax cut assumed in that budget resolution by 
     the appropriate amount.

   TITLE XI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

     SEC. 1101. 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, 2004''; and
       (2) by inserting before the semicolon at the end of 
     subparagraph (A) the following ``or the provisions of the 
     Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 providing for payments from the 
     Airport and Airway Trust Fund or the Interim Federal Aviation 
     Administration Authorization Act or section 6002 of the 1999 
     Emergency Supplemental Appropriations Act or the Aviation 
     Investment and Reform Act for the 21st Century''.
       (b) Limitation on Expenditure Authority.--Section 9502 of 
     such Code is amended by adding at the end the following new 
     subsection:
       ``(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, 1999, in accordance with the provisions of this 
     section.''.

  The motion was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The title of the Senate bill was amended so as to read: ``A bill to 
amend title 49, United States Code, to reauthorize programs of the 
Federal Aviation Administration, and for other purposes.''.
  A motion to reconsider was laid on the table.


                        Appointment of Conferees

  Mr. SHUSTER. Mr. Speaker, I ask unanimous consent to insist on the 
House amendment and request a conference with the Senate thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania? The Chair hears none and, without 
objection, appoints the following conferees:
  From the Committee on Transportation and Infrastructure, for 
consideration of the Senate bill and the House amendment, and 
modifications committed to conference: Messrs. Shuster, Young of 
Alaska, Petri, Duncan,

[[Page H7460]]

Ewing, Horn, Quinn, Ehlers, Bass, Pease, Sweeney, Oberstar, Rahall, 
Lipinski, DeFazio, Costello, Ms. Danner, Ms. E.B. Johnson of Texas, Ms. 
Millender-McDonald, and Mr. Boswell.
  From the Committee on the Budget, for consideration of titles IX and 
X of the House amendment, and modifications committed to conference: 
Messrs. Chambliss, Shays and Spratt.
  From the Committee on Ways and Means, for consideration of title XI 
of the House amendment, and modifications committed to conference: 
Messrs. Nussle, Hulshof, and Rangel.
  There was no objection.
  The SPEAKER pro tempore. Without objection, House Resolution 276 is 
laid on the table.
  There was no objection.

                          ____________________