[Congressional Record Volume 145, Number 133 (Tuesday, October 5, 1999)]
[Senate]
[Pages S11958-S11980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AMENDMENTS SUBMITTED ON OCTOBER 4, 1999

                                 ______
                                 

                   AIR TRANSPORTATION IMPROVEMENT ACT

                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 1891

  Mr. GORTON (for Mr. McCain (for himself, Mr. Gorton, and Mr. 
Rockefeller)) proposed an amendment to the bill (S. 82) to authorize 
appropriations for the Federal Aviation Administration, and for other 
purposes; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

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

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

                        TITLE I--AUTHORIZATIONS

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

            TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

Sec. 201. Removal of the cap on discretionary fund.

[[Page S11959]]

Sec. 202. Innovative use of airport grant funds.
Sec. 203. Matching share.
Sec. 204. Increase in apportionment for noise compatibility planning 
              and programs.
Sec. 205. Technical amendments.
Sec. 206. Report on efforts to implement capacity enhancements.
Sec. 207. Prioritization of discretionary projects.
Sec. 208. Public notice before grant assurance requirement waived.
Sec. 209. Definition of public aircraft.
Sec. 210. Terminal development costs.
Sec. 211. Airfield pavement conditions.
Sec. 212. Discretionary grants.
Sec. 213. Contract tower cost-sharing.

                 TITLE III--AMENDMENTS TO AVIATION LAW

Sec. 301. Severable services contracts for periods crossing fiscal 
              years.
Sec. 302. Stage 3 noise level compliance for certain aircraft.
Sec. 303. Government and industry consortia.
Sec. 304. Implementation of Article 83 Bis of the Chicago Convention.
Sec. 305. Foreign aviation services authority.
Sec. 306. Flexibility to perform criminal history record checks; 
              technical amendments to Pilot Records Improvement Act.
Sec. 307. Extension of Aviation Insurance Program.
Sec. 308. Technical corrections to civil penalty provisions.
Sec. 309. Criminal penalty for pilots operating in air transportation 
              without an airman's certificate.
Sec. 310. Nondiscriminatory interline interconnection requirements.
Sec. 311. Review process for emergency orders under section 44709.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Oversight of FAA response to year 2000 problem.
Sec. 402. Cargo collision avoidance systems deadline.
Sec. 403. Runway safety areas; precision approach path indicators.
Sec. 404. Airplane emergency locators.
Sec. 405. Counterfeit aircraft parts.
Sec. 406. FAA may fine unruly passengers.
Sec. 407. Higher standards for handicapped access.
Sec. 408. Conveyances of United States Government land.
Sec. 409. Flight operations quality assurance rules.
Sec. 410. Wide area augmentation system.
Sec. 411. Regulation of Alaska guide pilots.
Sec. 412. Alaska rural aviation improvement.
Sec. 413. Human factors program.
Sec. 414. Independent validation of FAA costs and allocations.
Sec. 415. Application of Federal Procurement Policy Act.
Sec. 416. Report on modernization of oceanic ATC system.
Sec. 417. Report on air transportation oversight system.
Sec. 418. Recycling of EIS.
Sec. 419. Protection of employees providing air safety information.
Sec. 420. Improvements to air navigation facilities.
Sec. 421. Denial of airport access to certain air carriers.
Sec. 422. Tourism.
Sec. 423. Sense of the Senate on property taxes on public-use airports.
Sec. 424. Federal Aviation Administration Personnel Management System.
Sec. 425. Authority to sell aircraft and aircraft parts for use in 
              responding to oil spills.
Sec. 426. Aircraft and aviation component repair and maintenance 
              advisory panel.
Sec. 427. Aircraft situational display data.
Sec. 428. Allocation of Trust Fund funding.
Sec. 429. Taos Pueblo and Blue Lakes Wilderness Area demonstration 
              project.
Sec. 430. Airline marketing disclosure.
Sec. 431. Compensation under the Death on the High Seas Act.
Sec. 432. FAA study of breathing hoods.
Sec. 433. FAA study of alternative power sources for flight data 
              recorders and cockpit voice recorders.
Sec. 434. Passenger facility fee letters of intent.
Sec. 435. Elimination of HAZMAT enforcement backlog.
Sec. 436. FAA evaluation of long-term capital leasing.
Sec. 437. Discriminatory practices by computer reservations system 
              outside the United States.
Sec. 438. Prohibitions against smoking on scheduled flights.
Sec. 439. Designating current and former military airports.
Sec. 440. Rolling stock equipment.
Sec. 441. Monroe Regional Airport land conveyance.
Sec. 442. Cinncinati-Municipal Blue Ash Airport.
Sec. 443. Report on Specialty Metals Consortium.
Sec. 444. Pavement condition.
Sec. 445. Inherently low-emission airport vehicle pilot program.
Sec. 446. Conveyance of airport property to an institution of higher 
              education in Oklahoma.
Sec. 447. Automated Surface Observation System/Automated Weather 
              Observing System Upgrade.
Sec. 448. Terminal Automated Radar Display and Information System.
Sec. 449. Cost/benefit analysis for retrofit of 16G seats.
Sec. 450. Raleigh County, West Virginia, Memorial Airport.
Sec. 451. Airport safety needs.
Sec. 452. Flight training of international students.
Sec. 453. Grant Parish, Louisiana.

                TITLE V--AVIATION COMPETITION PROMOTION

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

                  TITLE VI--NATIONAL PARKS OVERFLIGHTS

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

               TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

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

         TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 801. Transfer of functions, powers, and duties.
Sec. 802. Transfer of office, personnel, and funds.
Sec. 803. Amendment of title 49, United States Code.
Sec. 804. Savings provision.
Sec. 805. National ocean survey.
Sec. 806. Sale and distribution of nautical and aeronautical products 
              by NOAA.

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

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

                        TITLE I--AUTHORIZATIONS

     SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

       (a) In General.--Section 106(k) is amended to read as 
     follows:
       ``(k) Authorization of Appropriations for Operations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary of Transportation for operations of the 
     Administration $5,632,000,000 for fiscal year 1999, 
     $5,784,000,000 for fiscal year 2000, $6,073,000,000 for 
     fiscal year 2001, and $6,377,000,000 for fiscal year 2002. Of 
     the amounts authorized to be appropriated for fiscal year 
     2000, not more than $9,100,000 shall be used to support air 
     safety efforts through payment of United States membership 
     obligations, to be paid as soon as practicable.
       ``(2) Authorized expenditures.--Of the amounts appropriated 
     under paragraph (1) $450,000 may be used for wildlife hazard 
     mitigation measures and management of the wildlife strike 
     database of the Federal Aviation Administration.
       ``(3) University consortium.--There are authorized to be 
     appropriated not more than $9,100,000 for the 3 fiscal year 
     period beginning with fiscal year 2000 to support a 
     university consortium established to provide an air safety 
     and security management certificate program, working 
     cooperatively with the Federal Aviation Administration and 
     United States air carriers. Funds authorized under this 
     paragraph--
       ``(A) may not be used for the construction of a building or 
     other facility; and
       ``(B) shall be awarded on the basis of open competition.''.
       (b) Coordination.--The authority granted the Secretary 
     under section 41720 of title 49, United States Code, does not 
     affect the Secretary's authority under any other provision of 
     law.

     SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       (a) In General.--Section 48101(a) is amended by striking 
     paragraphs (1) and (2) and inserting the following:
       ``(1) $2,131,000,000 for fiscal year 1999.
       ``(2) $2,689,000,000 for fiscal year 2000.
       ``(3) $2,799,000,000 for fiscal year 2001.
       ``(4) $2,914,000,000 for fiscal year 2002.''.
       (b) Continuation of ILS Inventory Program.--Section 
     44502(a)(4)(B) is amended--
       (1) by striking ``fiscal years 1995 and 1996'' and 
     inserting ``fiscal years 1999 through 2002''; and
       (2) by striking ``acquisition,'' and inserting 
     ``acquisition under new or existing contracts,''.

[[Page S11960]]

       (c) Life-Cycle Cost Estimates.--The Administrator of the 
     Federal Aviation Administration shall establish life-cycle 
     cost estimates for any air traffic control modernization 
     project the total life-cycle costs of which equal or exceed 
     $50,000,000.

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

       (a) Extension and Authorization.--Section 48103 is amended 
     by striking ``$2,050,000,000 for the period beginning October 
     1, 1998, and ending August 6, 1999.'' and inserting 
     ``$2,410,000,000 for fiscal years ending before October 1, 
     1999, $4,885,000,000 for fiscal years ending before October 
     1, 2000, $7,295,000,000 for fiscal years ending before 
     October 1, 2001, and $9,705,000,000 for fiscal years ending 
     before October 1, 2002.''.
       (b) Project Grant Authority.--Section 47104(c) is amended 
     by striking ``August 6, 1999,'' and inserting ``September 30, 
     2002,''.

     SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.

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

     SEC. 105. AIRPORT SECURITY PROGRAM.

       (a) In General.--Chapter 471 (as amended by section 202(a) 
     of this Act) is amended by adding at the end thereof the 
     following new section:

     ``Sec. 47136. Airport security program

       ``(a) General Authority.--To improve security at public 
     airports in the United States, the Secretary of 
     Transportation shall carry out not less than 1 project to 
     test and evaluate innovative 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 and 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, testbed 
     environment.
       ``(c) Matching Share.--Notwithstanding section 47109, the 
     United States Government's share of allowable project costs 
     for a project under this section is 100 percent.
       ``(d) Terms and Conditions.--The Secretary may establish 
     such terms and conditions as the Secretary determines 
     appropriate for carrying out a project under this section, 
     including terms and conditions relating to the form and 
     content of a proposal for a project, project assurances, and 
     schedule of payments.
       ``(e) Eligible Sponsor Defined.--In this section, the term 
     `eligible sponsor' means a nonprofit corporation composed of 
     a consortium of public and private persons, including a 
     sponsor of a primary airport, with the necessary engineering 
     and technical expertise to successfully conduct the testing 
     and evaluation of airport and aircraft related security 
     systems.
       ``(f) Authorization of Appropriations.--Of the amounts made 
     available to the Secretary under section 47115 in a fiscal 
     year, the Secretary shall make available not less than 
     $5,000,000 for the purpose of carrying out this section.''.
       (b) Conforming Amendment.--The chapter analysis for such 
     chapter (as amended by section 202(b) of this Act) is amended 
     by inserting after the item relating to section 47135 the 
     following:

``47136. Airport security program.''.

     SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

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

            TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

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

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

     SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

       (a) Codification and Improvement of 1996 Program.--
     Subchapter I of chapter 471 is amended by adding at the end 
     thereof the following:

     ``Sec. 47135. Innovative financing techniques

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

``47135. Innovative financing techniques.''.

     SEC. 203. MATCHING SHARE.

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

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

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

     SEC. 205. TECHNICAL AMENDMENTS.

       (a) Use of Apportionments for Alaska, Puerto Rico, and 
     Hawaii.--Section 47114(d)(3) is amended to read as follows:
       ``(3) An amount apportioned under paragraph (2) of this 
     subsection for airports in Alaska, Hawaii, or Puerto Rico may 
     be made available by the Secretary for any public airport in 
     those respective jurisdictions.''.
       (b) Supplemental Apportionment for Alaska.--Section 
     47114(e) is amended--
       (1) by striking ``Alternative'' in the subsection caption 
     and inserting ``Supplemental'';
       (2) in paragraph (1) by--
       (A) striking ``Instead of apportioning amounts for airports 
     in Alaska under'' and inserting ``Notwithstanding''; and
       (B) striking ``those airports'' and inserting ``airports in 
     Alaska''; and
       (3) striking paragraph (3) and inserting the following:
       ``(3) An amount apportioned under this subsection may be 
     used for any public airport in Alaska.''.
       (c) Repeal of Apportionment Limitation on Commercial 
     Service Airports in Alaska.--Section 47117 is amended by 
     striking subsection (f) and redesignating subsections (g) and 
     (h) as subsections (f) and (g), respectively.
       (d) Continuation of Project Funding.--Section 47108 is 
     amended by adding at the end thereof the following:
       ``(e) Change in Airport Status.--If the status of a primary 
     airport changes to a nonprimary airport at a time when a 
     development project under a multiyear agreement under 
     subsection (a) is not yet completed, the project shall remain 
     eligible for funding from discretionary funds under section 
     47115 of this title at the funding level and under the terms 
     provided by the agreement, subject to the availability of 
     funds.''.
       (e) Grant Eligibility for Private Reliever Airports.--
     Section 47102(17)(B) is amended--
       (1) by striking ``or'' at the end of clause (i) and 
     redesignating clause (ii) as clause (iii); and
       (2) by inserting after clause (i) the following:
       ``(ii) a privately-owned airport that, as a reliever 
     airport, received Federal aid for airport development prior 
     to October 9, 1996, but only if the Administrator issues 
     revised administrative guidance after July 1, 1998, for the 
     designation of reliever airports; or''.
       (f) Reliever Airports Not Eligible for Letters of Intent.--
     Section 47110(e)(1) is amended by striking ``or reliever''.
       (g) Passenger Facility Fee Waiver for Certain Class of 
     Carriers.--Section 40117(e)(2) is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (B);
       (2) by striking ``payment.'' in subparagraph (C) and 
     inserting ``payment;'' and
       (3) by adding at the end thereof the following:
       ``(D) on flights, including flight segments, between 2 or 
     more points in Hawaii.''.
       (h) Passenger Facility Fee Waiver for Certain Class of 
     Carriers or for Service to Airports in Isolated 
     Communities.--Section 40117(i) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking ``transportation.'' in paragraph (2)(D) and 
     inserting ``transportation; and''; and
       (3) by adding at the end thereof the following:
       ``(3) may permit a public agency to request that collection 
     of a passenger facility fee be waived for--
       ``(A) passengers enplaned by any class of air carrier or 
     foreign air carrier if the number of passengers enplaned by 
     the carriers in the class constitutes not more than one 
     percent of the total number of passengers enplaned annually 
     at the airport at which the fee is imposed; or
       ``(B) passengers enplaned on a flight to an airport--

[[Page S11961]]

       ``(i) that has fewer than 2,500 passenger boardings each 
     year and receives scheduled passenger service; or
       ``(ii) in a community which has a population of less than 
     10,000 and is not connected by a land highway or vehicular 
     way to the land-connected National Highway System within a 
     State.''.
       (i) Use of the Word ``gift'' and Priority for Airports in 
     Surplus Property Disposal.--
       (1) Section 47151 is amended--
       (A) by striking ``give'' in subsection (a) and inserting 
     ``convey to'';
       (B) by striking ``gift'' in subsection (a)(2) and inserting 
     ``conveyance'';
       (C) by striking ``giving'' in subsection (b) and inserting 
     ``conveying'';
       (D) by striking ``gift'' in subsection (b) and inserting 
     ``conveyance''; and
       (E) by adding at the end thereof the following:
       ``(d) Priority for Public Airports.--Except for requests 
     from another Federal agency, a department, agency, or 
     instrumentality of the Executive Branch of the United States 
     Government shall give priority to a request by a public 
     agency (as defined in section 47102 of this title) for 
     surplus property described in subsection (a) of this section 
     for use at a public airport.''.
       (2) Section 47152 is amended--
       (A) by striking ``gifts'' in the section caption and 
     inserting ``conveyances''; and
       (B) by striking ``gift'' in the first sentence and 
     inserting ``conveyance''.
       (3) The chapter analysis for chapter 471 is amended by 
     striking the item relating to section 47152 and inserting the 
     following:

``47152. Terms of conveyances.''.

       (4) Section 47153(a) is amended--
       (A) by striking ``gift'' in paragraph (1) and inserting 
     ``conveyance'';
       (B) by striking ``given'' in paragraph (1)(A) and inserting 
     ``conveyed''; and
       (C) by striking ``gift'' in paragraph (1)(B) and inserting 
     ``conveyance''.
       (j) Minimum Apportionment.--Section 47114(c)(1)(B) is 
     amended by adding at the end thereof the following: ``For 
     fiscal years beginning after fiscal year 1999, the preceding 
     sentence shall be applied by substituting `$650,000' for 
     `$500,000'.''.
       (k) Apportionment for Cargo Only Airports.--
       (1) Section 47114(c)(2)(A) is amended by striking ``2.5 
     percent'' and inserting ``3 percent''.
       (2) Section 47114(c)(2) is further amended by striking 
     subparagraph (C) and redesignating subparagraph (D) as 
     subparagraph (C).
       (l) Temporary Air Service Interruptions.--Section 
     47114(c)(1) is amended by adding at the end thereof the 
     following:
       ``(C) The Secretary may, notwithstanding subparagraph (A), 
     apportion to an airport sponsor in a fiscal year an amount 
     equal to the amount apportioned to that sponsor in the 
     previous fiscal year if the Secretary finds that--
       ``(i) passenger boardings at the airport fell below 10,000 
     in the calendar year used to calculate the apportionment;
       ``(ii) the airport had at least 10,000 passenger boardings 
     in the calendar year prior to the calendar year used to 
     calculate apportionments to airport sponsors in a fiscal 
     year; and
       ``(iii) the cause of the shortfall in passenger boardings 
     was a temporary but significant interruption in service by an 
     air carrier to that airport due to an employment action, 
     natural disaster, or other event unrelated to the demand for 
     air transportation at the affected airport.''.
       (m) Flexibility in Pavement Design Standards.--Section 
     47114(d) is amended by adding at the end thereof the 
     following:
       ``(4) The Secretary may permit the use of State highway 
     specifications for airfield pavement construction using funds 
     made available under this subsection at nonprimary airports 
     with runways of 5,000 feet or shorter serving aircraft that 
     do not exceed 60,000 pounds gross weight, if the Secretary 
     determines that--
       ``(A) safety will not be negatively affected; and
       ``(B) the life of the pavement will not be shorter than it 
     would be if constructed using Administration standards.

     An airport may not seek funds under this subchapter for 
     runway rehabilitation or reconstruction of any such airfield 
     pavement constructed using State highway specifications for a 
     period of 10 years after construction is completed.''.
       (n) Eligibility of Runway Incursion Prevention Devices.--
       (1) Policy.--Section 47101(a)(11) is amended by inserting 
     ``(including integrated in-pavement lighting systems for 
     runways and taxiways and other runway and taxiway incursion 
     prevention devices)'' after ``activities''.
       (2) Maximum use of safety facilities.--Section 47101(f) is 
     amended--
       (A) by striking ``and'' at the end of paragraph (9); and
       (B) by striking ``area.'' in paragraph (10) and inserting 
     ``area; and''; and
       (C) by adding at the end the following:
       ``(11) runway and taxiway incursion prevention devices, 
     including integrated in-pavement lighting systems for runways 
     and taxiways.''.
       (3) Airport development defined.--Section 47102(3)(B)(ii) 
     is amended by inserting ``and including integrated in-
     pavement lighting systems for runways and taxiways and other 
     runway and taxiway incursion prevention devices'' before the 
     semicolon at the end.
       (o) 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 subparagraph (A) of this paragraph) with 
     paragraph (2) (as added by subparagraph (B) of this 
     paragraph).

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

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

     SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS.

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

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

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

     SEC. 209. DEFINITION OF PUBLIC AIRCRAFT.

       Section 40102(a)(37)(B)(ii) is amended--
       (1) by striking ``or'' at the end of subclause (I);
       (2) by striking the ``States.'' in subclause (II) and 
     inserting ``States; or''; and
       (3) by adding at the end thereof the following:

       ``(III) transporting persons aboard the aircraft if the 
     aircraft is operated for the purpose of prisoner 
     transport.''.

     SEC. 210. TERMINAL DEVELOPMENT COSTS.

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

     SEC. 211. AIRFIELD PAVEMENT CONDITIONS.

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

     SEC. 212. DISCRETIONARY GRANTS.

       Notwithstanding any limitation on the amount of funds that 
     may be expended for grants for noise abatement, if any funds

[[Page S11962]]

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

     SEC. 213. 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 2 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 
     Administrator 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 .50.
       ``(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 located at airports that 
     are prepared to assume partial responsibility for maintenance 
     costs.
       ``(v) 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 control 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 benefits.
       ``(E) Authorization of appropriations.--There are 
     authorized to be appropriation $6,000,000 per fiscal year to 
     carry out this paragraph.''.

                 TITLE III--AMENDMENTS TO AVIATION LAW

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

       (a) Chapter 401 is amended by adding at the end thereof the 
     following:

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

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

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

     SEC. 302. STAGE 3 NOISE LEVEL COMPLIANCE FOR CERTAIN 
                   AIRCRAFT.

       (a) Exemption for Aircraft Modification or Disposal, 
     Scheduled Heavy Maintenance, or Leasing-Related Flights.--
     Section 47528 is amended--
       (1) by striking ``subsection (b)'' in subsection (a) and 
     inserting ``subsection (b) or (f)'';
       (2) by adding at the end of subsection (e) the following:
       ``(4) An air carrier operating Stage 2 aircraft under this 
     subsection may transport Stage 2 aircraft to or from the 48 
     contiguous States on a non-revenue basis in order--
       ``(A) to 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).''; and
       (3) adding at the end thereof the following:
       ``(f) Aircraft Modification, Disposal, Scheduled Heavy 
     Maintenance, or Leasing.--
       ``(1) In general.--The Secretary shall permit a person to 
     operate after December 31, 1999, a Stage 2 aircraft in 
     nonrevenue service through the airspace of the United States 
     or to or from an airport in the contiguous 48 States in order 
     to--
       ``(A) sell, lease, or use the aircraft outside the 
     contiguous 48 States;
       ``(B) scrap the aircraft;
       ``(C) obtain modifications to the aircraft to meet Stage 3 
     noise levels;
       ``(D) perform scheduled heavy maintenance or significant 
     modifications on the aircraft at a maintenance facility 
     located in the contiguous 48 States;
       ``(E) deliver the aircraft to an operator leasing the 
     aircraft from the owner or return the aircraft to the lessor;
       ``(F) prepare or park or store the aircraft in anticipation 
     of any of the activities described in subparagraphs (A) 
     through (E); or
       ``(G) divert the aircraft to an alternative airport in the 
     contiguous 48 States on account of weather, mechanical, fuel, 
     air traffic control, or other safety reasons while conducting 
     a flight in order to perform any of the activities described 
     in subparagraphs (A) through (F).
       ``(2) Procedure To Be Published.--The Secretary shall 
     establish and publish, not later than 30 days after the date 
     of enactment of the Air Transportation Improvement Act a 
     procedure to implement paragraph (1) of this subsection 
     through the use of categorical waivers, ferry permits, or 
     other means.''.
       (b) Noise Standards for Experimental Aircraft.--
       (1) In general.--Section 47528(a) is amended by inserting 
     ``(for which an airworthiness certificate other than an 
     experimental certificate has been issued by the 
     Administrator)'' after ``civil subsonic turbojet''.
       (2) FAR modified.--The Federal Aviation Regulations, 
     contained in Part 14 of the Code of Federal Regulations, that 
     implement section 47528 and related provisions shall be 
     deemed to incorporate this change on the effective date of 
     this Act.

     SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA.

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

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

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

[[Page S11963]]

     SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY.

       Section 45301(a)(2) is amended to read as follows:
       ``(2) Services provided to a foreign government or to any 
     entity obtaining services outside the United States other 
     than--
       ``(A) air traffic control services; and
       ``(B) fees for production-certification-related service 
     pertaining to aeronautical products manufactured outside the 
     United States.''.

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

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

     SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM.

       Section 44310 is amended by striking ``August 6, 1999.'' 
     and inserting ``December 31, 2003.''.

     SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

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

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

       (a) In General.--Chapter 463 is amended by adding at the 
     end the following:

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

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

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

     SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNECTION 
                   REQUIREMENTS.

       (a) In General.--Subchapter I of chapter 417 is amended by 
     adding at the end thereof the following:

     ``Sec. 41717. Interline agreements for domestic 
       transportation

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

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

     SEC. 311. REVIEW PROCESS FOR EMERGENCY ORDERS UNDER SECTION 
                   44709.

       Section 44709(e) is amended to read as follows:
       ``(e) Effectiveness of Orders Pending Appeal.--
       ``(1) In general.--When a person files an appeal with the 
     Board under subsection (d) of this section, the order of the 
     Administrator is stayed.
       ``(2) Exception.--Notwithstanding paragraph (1), the order 
     of the Administrator is effective immediately 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.
       ``(3) Review of emergency order.--A person affected by the 
     immediate effectiveness of the Administrator's order under 
     paragraph (2) may request a review by the Board, under 
     procedures promulgated by the Board, on the issues of the 
     appeal that are related to the existence of an emergency. Any 
     such review shall be requested within 48 hours after the 
     order becomes effective. If the Administrator is unable to 
     demonstrate to the Board that an emergency exists that 
     requires the immediate application of the order in the 
     interest of safety in air commerce and air transportation, 
     the order shall, notwithstanding paragraph (2), be stayed. 
     The Board shall dispose of a review request under this 
     paragraph within 5 days after it is filed.
       ``(4) Final disposition.--The Board shall make a final 
     disposition of an appeal under subsection (d) within 60 days 
     after the appeal is filed.''.

                        TITLE IV--MISCELLANEOUS

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

       The Administrator of the Federal Aviation Administration 
     shall report to the Senate Committee on Commerce, Science, 
     and Transportation and the House Committee on Transportation 
     and Infrastructure every 3 months through December 31, 2000, 
     in oral or written form, on electronic data processing 
     problems associated with the year 2000 within the 
     Administration.

     SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINE.

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

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

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

     SEC. 404. AIRPLANE EMERGENCY LOCATORS.

       (a) Requirement.--Section 44712(b) is amended to read as 
     follows:
       ``(b) Nonapplication.--Subsection (a) does not apply to 
     aircraft when used in--
       ``(1) scheduled flights by scheduled air carriers holding 
     certificates issued by the Secretary of Transportation under 
     subpart II of this part;
       ``(2) training operations conducted entirely within a 50-
     mile radius of the airport from which the training operations 
     begin;
       ``(3) flight operations related to the design and testing, 
     manufacture, preparation, and delivery of aircraft;
       ``(4) showing compliance with regulations, exhibition, or 
     air racing; or
       ``(5) the aerial application of a substance for an 
     agricultural purpose.''.
       (b) Compliance.--Section 44712 is amended by redesignating 
     subsection (c) as subsection (d), and by inserting after 
     subsection (b) the following:
       ``(c) Compliance.--An aircraft is deemed to meet the 
     requirement of subsection (a) if it

[[Page S11964]]

     is equipped with an emergency locator transmitter that 
     transmits on the 121.5/243 megahertz frequency or the 406 
     megahertz frequency, or with other equipment approved by the 
     Secretary for meeting the requirement of subsection (a).''.
       (c) Effective Date; Regulations.--
       (1) Regulations.--The Secretary of Transportation shall 
     promulgate regulations under section 44712(b) of title 49, 
     United States Code, as amended by this section not later than 
     January 1, 2002.
       (2) Effective date.--The amendments made by this section 
     shall take effect on January 1, 2002.

     SEC. 405. COUNTERFEIT AIRCRAFT PARTS.

       (a) Denial; Revocation; Amendment of Certificate.--
       (1) In general.--Chapter 447 is amended by adding at the 
     end thereof the following:

     ``Sec. 44725. Denial and revocation of certificate for 
       counterfeit parts violations

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

     then the Administrator may amend the certificate to impose a 
     limitation that the certificate will not be valid if that 
     individual has a controlling or ownership interest in the 
     holder. A decision by the Administrator under this subsection 
     is not reviewable by the Board.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     447 is amended by adding at the end thereof the following:

``44725. Denial and revocation of certificate for counterfeit parts 
              violations''.

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

     SEC. 406. FAA MAY FINE UNRULY PASSENGERS.

       (a) In General.--Chapter 463 (as amended by section 309) is 
     amended by adding at the end thereof the following:

     ``Sec. 46318. Interference with cabin or flight crew

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

``46318. Interference with cabin or flight crew.''.

     SEC. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS.

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

[[Page S11965]]

     to limit claims for compensatory or punitive damages asserted 
     in such cases.
       ``(C) Attorney's fees.--In addition to the penalty provided 
     by subparagraph (A), an individual who--
       ``(i) brings a civil action against an air carrier to 
     enforce this section; and
       ``(ii) who is awarded damages by the court in which the 
     action is brought,

     may be awarded reasonable attorneys' fees and costs of 
     litigation reasonably incurred in bringing the action if the 
     court deems it appropriate.''.

     SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT LAND.

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

     SEC. 409. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator shall issue a notice of proposed 
     rulemaking to develop procedures to protect air carriers and 
     their employees from enforcement actions for violations of 
     the Federal Aviation Regulations other than criminal or 
     deliberate acts that are reported or discovered as a result 
     of voluntary reporting programs, such as the Flight 
     Operations Quality Assurance Program and the Aviation Safety 
     Action Program.

     SEC. 410. WIDE AREA AUGMENTATION SYSTEM.

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

     SEC. 411. REGULATION OF ALASKA 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 in 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. 412. ALASKA RURAL AVIATION IMPROVEMENT.

       (a) Application of FAA Regulations.--Section 40113 is 
     amended by adding at the end thereof the following:
       ``(f) Application of Certain Regulations to Alaska.--In 
     amending title 14, Code of Federal Regulations, in a manner 
     affecting intrastate aviation in Alaska, the Administrator of 
     the Federal Aviation Administration shall consider the extent 
     to which Alaska is not served by transportation modes other 
     than aviation, and shall establish such regulatory 
     distinctions as the Administrator considers appropriate.''.
       (b) Aviation Closed Circuit Television.--The Administrator 
     of the Federal Aviation Administration, in consultation with 
     commercial and general aviation pilots, shall install closed 
     circuit weather surveillance equipment at not fewer that 15 
     rural airports in Alaska and provide for the dissemination of 
     information derived from such equipment to pilots for pre-
     flight planning purposes and en route purposes, including 
     through the dissemination of such information to pilots by 
     flight service stations. There are authorized to be 
     appropriated $2,000,000 for the purposes of this subsection.
       (c) Mike-in-hand Weather Observation.--The Administrator of 
     the Federal Aviation Administration and the Assistant 
     Administrator of the National Weather Service, in

[[Page S11966]]

     consultation with the National Transportation Safety Board 
     and the Governor of the State of Alaska, shall develop and 
     implement a ``mike-in-hand'' weather observation program in 
     Alaska under which Federal Aviation Administration employees, 
     National Weather Service employees, other Federal or State 
     employees sited at an airport, or persons contracted 
     specifically for such purpose (including part-time contract 
     employees who are not sited at such airport), will provide 
     near-real time aviation weather information via radio and 
     otherwise to pilots who request such information.
       (d) Rural IFR Compliance.--There are authorized to be 
     appropriated $4,000,000 to the Administrator for runway 
     lighting and weather reporting systems at remote airports in 
     Alaska to implement the CAPSTONE project.

     SEC. 413. HUMAN FACTORS PROGRAM.

       (a) In General.--Chapter 445 is amended by adding at the 
     end thereof the following:

     ``Sec. 44516. Human factors program

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

``44516. Human factors program.''.

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

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

     SEC. 415. APPLICATION OF FEDERAL PROCUREMENT POLICY ACT.

       Section 348 of the Department of Transportation and Related 
     Agencies Appropriations Act, 1996 (49 U.S.C. 40110 nt) is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Certain Provisions of the Office of Federal 
     Procurement Policy Act.--Notwithstanding subsection (b)(2), 
     section 27 of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 423) shall apply to the new acquisition management 
     system developed and implemented under subsection (a) with 
     the following modifications:
       ``(1) Subsections (f) and (g) shall not apply.
       ``(2) Within 90 days after the date of enactment of the Air 
     Transportation Improvement Act, the Administrator of the 
     Federal Aviation Administration shall adopt definitions for 
     the acquisition management system that are consistent with 
     the purpose and intent of the Office of Federal Procurement 
     Policy Act.
       ``(3) After the adoption of those definitions, the 
     criminal, civil, and administrative remedies provided under 
     the Office of Federal Procurement Policy Act apply to the 
     acquisition management system.
       ``(4) In the administration of the acquisition management 
     system, the Administrator may take adverse personnel action 
     under section 27(e)(3)(A)(iv) of the Office of Federal 
     Procurement Policy Act in accordance with the procedures 
     contained in the Administration's personnel management 
     system.''.

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

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

     SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.

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

     SEC. 418. RECYCLING OF EIS.

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

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

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

[[Page S11967]]

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

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

       ``(a) Discrimination Against Airline Employees.--No air 
     carrier or contractor or subcontractor of an air carrier may 
     discharge an employee of the air carrier or the contractor or 
     subcontractor of an air carrier or otherwise discriminate 
     against any such employee with respect to compensation, 
     terms, conditions, or privileges of employment because the 
     employee (or any person acting pursuant to a request of the 
     employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided to the Federal Government 
     information relating to any violation or alleged violation of 
     any order, regulation, or standard of the Federal Aviation 
     Administration or any other provision of Federal law relating 
     to air carrier safety under this subtitle or any other law of 
     the United States;
       ``(2) has filed, caused to be filed, or is about to file or 
     cause to be filed a proceeding relating to any violation or 
     alleged violation of any order, regulation, or standard of 
     the Federal Aviation Administration or any other provision of 
     Federal law relating to air carrier safety under this 
     subtitle or any other law of the United States;
       ``(3) testified or will testify in such a proceeding; or
       ``(4) assisted or participated or is about to assist or 
     participate in such a proceeding.
       ``(b) Department of Labor Complaint Procedure.--
       ``(1) Filing and notification.--
       ``(A) In general.--In accordance with this paragraph, a 
     person may file (or have a person file on behalf of that 
     person) a complaint with the Secretary of Labor if that 
     person believes that an air carrier or contractor or 
     subcontractor of an air carrier discharged or otherwise 
     discriminated against that person in violation of subsection 
     (a).
       ``(B) Requirements for filing complaints.--A complaint 
     referred to in subparagraph (A) may be filed not later than 
     90 days after an alleged violation occurs. The complaint 
     shall state the alleged violation.
       ``(C) Notification.--Upon receipt of a complaint submitted 
     under subparagraph (A), the Secretary of Labor shall notify 
     the air carrier, contractor, or subcontractor named in the 
     complaint and the Administrator of the Federal Aviation 
     Administration of the--
       ``(i) filing of the complaint;
       ``(ii) allegations contained in the complaint;
       ``(iii) substance of evidence supporting the complaint; and
       ``(iv) opportunities that are afforded to the air carrier, 
     contractor, or subcontractor under paragraph (2).
       ``(2) Investigation; preliminary order.--
       ``(A) In general.--
       ``(i) Investigation.--Not later than 60 days after receipt 
     of a complaint filed under paragraph (1) and after affording 
     the person named in the complaint an opportunity to submit to 
     the Secretary of Labor a written response to the complaint 
     and an opportunity to meet with a representative of the 
     Secretary to present statements from witnesses, the Secretary 
     of Labor shall conduct an investigation and determine whether 
     there is reasonable cause to believe that the complaint has 
     merit and notify in writing the complainant and the person 
     alleged to have committed a violation of subsection (a) of 
     the Secretary's findings.
       ``(ii) Order.--Except as provided in subparagraph (B), if 
     the Secretary of Labor concludes that there is reasonable 
     cause to believe that a violation of subsection (a) has 
     occurred, the Secretary shall accompany the findings referred 
     to in clause (i) with a preliminary order providing the 
     relief prescribed under paragraph (3)(B).
       ``(iii) Objections.--Not later than 30 days after the date 
     of notification of findings under this paragraph, the person 
     alleged to have committed the violation or the complainant 
     may file objections to the findings or preliminary order and 
     request a hearing on the record.
       ``(iv) Effect of filing.--The filing of objections under 
     clause (iii) shall not operate to stay any reinstatement 
     remedy contained in the preliminary order.
       ``(v) Hearings.--Hearings conducted pursuant to a request 
     made under clause (iii) shall be conducted expeditiously and 
     governed by the Federal Rules of Civil Procedure. If a 
     hearing is not requested during the 30-day period prescribed 
     in clause (iii), the preliminary order shall be deemed a 
     final order that is not subject to judicial review.
       ``(B) Requirements.--
       ``(i) Required showing by complainant.--The Secretary of 
     Labor shall dismiss a complaint filed under this subsection 
     and shall not conduct an investigation otherwise required 
     under subparagraph (A) unless the complainant makes a prima 
     facie showing that any behavior described in paragraphs (1) 
     through (4) of subsection (a) was a contributing factor in 
     the unfavorable personnel action alleged in the complaint.
       ``(ii) Showing by employer.--Notwithstanding a finding by 
     the Secretary that the complainant has made the showing 
     required under clause (i), no investigation otherwise 
     required under subparagraph (A) shall be conducted if the 
     employer demonstrates, by clear and convincing evidence, that 
     the employer would have taken the same unfavorable personnel 
     action in the absence of that behavior.
       ``(iii) Criteria for determination by secretary.--The 
     Secretary may determine that a violation of subsection (a) 
     has occurred only if the complainant demonstrates that any 
     behavior described in paragraphs (1) through (4) of 
     subsection (a) was a contributing factor in the unfavorable 
     personnel action alleged in the complaint.
       ``(iv) Prohibition.--Relief may not be ordered under 
     subparagraph (A) if the employer demonstrates by clear and 
     convincing evidence that the employer would have taken the 
     same unfavorable personnel action in the absence of that 
     behavior.
       ``(3) Final order.--
       ``(A) Deadline for issuance; settlement agreements.--
       ``(i) In general.--Not later than 120 days after conclusion 
     of a hearing under paragraph (2), the Secretary of Labor 
     shall issue a final order that--

       ``(I) provides relief in accordance with this paragraph; or
       ``(II) denies the complaint.

       ``(ii) Settlement agreement.--At any time before issuance 
     of a final order under this paragraph, a proceeding under 
     this subsection may be terminated on the basis of a 
     settlement agreement entered into by the Secretary of Labor, 
     the complainant, and the air carrier, contractor, or 
     subcontractor alleged to have committed the violation.
       ``(B) Remedy.--If, in response to a complaint filed under 
     paragraph (1), the Secretary of Labor determines that a 
     violation of subsection (a) has occurred, the Secretary of 
     Labor shall order the air carrier, contractor, or 
     subcontractor that the Secretary of Labor determines to have 
     committed the violation to--
       ``(i) take action to abate the violation;
       ``(ii) reinstate the complainant to the former position of 
     the complainant and ensure the payment of compensation 
     (including back pay) and the restoration of terms, 
     conditions, and privileges associated with the employment; 
     and
       ``(iii) provide compensatory damages to the complainant.
       ``(C) Costs of complaint.--If the Secretary of Labor issues 
     a final order that provides for relief in accordance with 
     this paragraph, the Secretary of Labor, at the request of the 
     complainant, shall assess against the air carrier, 
     contractor, or subcontractor named in the order an amount 
     equal to the aggregate amount of all costs and expenses 
     (including attorney and expert witness fees) reasonably 
     incurred by the complainant (as determined by the Secretary 
     of Labor) for, or in connection with, the bringing of the 
     complaint that resulted in the issuance of the order.
       ``(4) Frivolous complaints.--Rule 11 of the Federal Rules 
     of Civil Procedure applies to any complaint brought under 
     this section that the Secretary finds to be frivolous or to 
     have been brought in bad faith.
       ``(5) Review.--
       ``(A) Appeal to court of appeals.--
       ``(i) In general.--Not later than 60 days after a final 
     order is issued under paragraph (3), a person adversely 
     affected or aggrieved by that order may obtain review of the 
     order in the United States court of appeals for the circuit 
     in which the violation allegedly occurred or the circuit in 
     which the complainant resided on the date of that violation.
       ``(ii) Requirements for judicial review.--A review 
     conducted under this paragraph shall be conducted in 
     accordance with chapter 7 of title 5. The commencement of 
     proceedings under this subparagraph shall not, unless ordered 
     by the court, operate as a stay of the order that is the 
     subject of the review.
       ``(B) Limitation on collateral attack.--An order referred 
     to in subparagraph (A) shall not be subject to judicial 
     review in any criminal or other civil proceeding.
       ``(6) Enforcement of order by secretary of labor.--
       ``(A) In general.--If an air carrier, contractor, or 
     subcontractor named in an order issued under paragraph (3) 
     fails to comply with the order, the Secretary of Labor may 
     file a civil action in the United States district court for 
     the district in which the violation occurred to enforce that 
     order.
       ``(B) Relief.--In any action brought under this paragraph, 
     the district court shall have jurisdiction to grant any 
     appropriate form of relief, including injunctive relief and 
     compensatory damages.
       ``(7) Enforcement of order by parties.--
       ``(A) Commencement of action.--A person on whose behalf an 
     order is issued under paragraph (3) may commence a civil 
     action against the air carrier, contractor, or subcontractor 
     named in the order to require compliance with the order. The 
     appropriate United States district court shall have 
     jurisdiction, without regard to the amount in controversy or 
     the citizenship of the parties, to enforce the order.
       ``(B) Attorney fees.--In issuing any final order under this 
     paragraph, the court may award costs of litigation (including 
     reasonable attorney and expert witness fees) to any party if 
     the court determines that the awarding of those costs is 
     appropriate.
       ``(c) Mandamus.--Any nondiscretionary duty imposed by this 
     section shall be enforceable in a mandamus proceeding brought 
     under section 1361 of title 28.
       ``(d) Nonapplicability to Deliberate Violations.--
     Subsection (a) shall not apply with respect to an employee of 
     an air carrier, or contractor or subcontractor of an air 
     carrier who, acting without direction from the air carrier 
     (or an agent, contractor, or subcontractor of the air 
     carrier), deliberately

[[Page S11968]]

     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) Investigations and Enforcement.--Section 347(b)(1) of 
     Public Law 104-50 (49 U.S.C. 106, note) is amended by 
     striking ``protection;'' and inserting ``protection, 
     including the provisions for investigations and enforcement 
     as provided in chapter 12 of title 5, United States Code;''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     421 is amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

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

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

     SEC. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

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

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

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

     SEC. 422. TOURISM.

       (a) Findings.--Congress finds that--
       (1) through an effective public-private partnership, 
     Federal, State, and local governments and the travel and 
     tourism industry can successfully market the United States as 
     the premiere international tourist destination in the world;
       (2) in 1997, the travel and tourism industry made a 
     substantial contribution to the health of the Nation's 
     economy, as follows:
       (A) The industry is one of the Nation's largest employers, 
     directly employing 7,000,000 Americans, throughout every 
     region of the country, heavily concentrated among small 
     businesses, and indirectly employing an additional 9,200,000 
     Americans, for a total of 16,200,000 jobs.
       (B) The industry ranks as the first, second, or third 
     largest employer in 32 States and the District of Columbia, 
     generating a total tourism-related annual payroll of 
     $127,900,000,000.
       (C) The industry has become the Nation's third-largest 
     retail sales industry, generating a total of $489,000,000,000 
     in total expenditures.
       (D) The industry generated $71,700,000,000 in tax revenues 
     for Federal, State, and local governments;
       (3) the more than $98,000,000,000 spent by foreign visitors 
     in the United States in 1997 generated a trade services 
     surplus of more than $26,000,000,000;
       (4) the private sector, States, and cities currently spend 
     more than $1,000,000,000 annually to promote particular 
     destinations within the United States to international 
     visitors;
       (5) because other nations are spending hundreds of millions 
     of dollars annually to promote the visits of international 
     tourists to their countries, the United States will miss a 
     major marketing opportunity if it fails to aggressively 
     compete for an increased share of international tourism 
     expenditures as they continue to increase over the next 
     decade;
       (6) a well-funded, well-coordinated international marketing 
     effort--combined with additional public and private sector 
     efforts--would help small and large businesses, as well as 
     State and local governments, share in the anticipated 
     phenomenal growth of the international travel and tourism 
     market in the 21st century;
       (7) by making permanent the successful visa waiver pilot 
     program, Congress can facilitate the increased flow of 
     international visitors to the United States;
       (8) Congress can increase the opportunities for attracting 
     international visitors and enhancing their stay in the United 
     States by--
       (A) improving international signage at airports, seaports, 
     land border crossings, highways, and bus, train, and other 
     public transit stations in the United States;
       (B) increasing the availability of multilingual tourist 
     information; and
       (C) creating a toll-free, private-sector operated, 
     telephone number, staffed by multilingual operators, to 
     provide assistance to international tourists coping with an 
     emergency;
       (9) by establishing a satellite system of accounting for 
     travel and tourism, the Secretary of Commerce could provide 
     Congress and the President with objective, thorough data that 
     would help policymakers more accurately gauge the size and 
     scope of the domestic travel and tourism industry and its 
     significant impact on the health of the Nation's economy; and
       (10) having established the United States National Tourism 
     Organization under the United States National Tourism 
     Organization Act of 1996 (22 U.S.C. 2141 et seq.) to increase 
     the United States share of the international tourism market 
     by developing a national travel and tourism strategy, 
     Congress should support a long-term marketing effort and 
     other important regulatory reform initiatives to promote 
     increased travel to the United States for the benefit of 
     every sector of the economy.
       (b) Purposes.--The purposes of this section are to provide 
     international visitor initiatives and an international 
     marketing program to enable the United States travel and 
     tourism industry and every level of government to benefit 
     from a successful effort to make the United States the 
     premiere travel destination in the world.
       (c) International Visitor Assistance Task Force.--
       (1) Establishment.--Not later than 9 months after the date 
     of enactment of this Act, the Secretary of Commerce shall 
     establish an Intergovernmental Task Force for International 
     Visitor Assistance (hereafter in this subsection referred to 
     as the ``Task Force'').
       (2) Duties.--The Task Force shall examine--
       (A) signage at facilities in the United States, including 
     airports, seaports, land border crossings, highways, and bus, 
     train, and other public transit stations, and shall identify 
     existing inadequacies and suggest solutions for such 
     inadequacies, such as the adoption of uniform standards on 
     international signage for use throughout the United States in 
     order to facilitate international visitors' travel in the 
     United States;
       (B) the availability of multilingual travel and tourism 
     information and means of disseminating, at no or minimal cost 
     to the Government, of such information; and
       (C) facilitating the establishment of a toll-free, private-
     sector operated, telephone number, staffed by multilingual 
     operators, to provide assistance to international tourists 
     coping with an emergency.
       (3) Membership.--The Task Force shall be composed of the 
     following members:
       (A) The Secretary of Commerce.
       (B) The Secretary of State.
       (C) The Secretary of Transportation.
       (D) The Chair of the Board of Directors of the United 
     States National Tourism Organization.
       (E) Such other representatives of other Federal agencies 
     and private-sector entities as may be determined to be 
     appropriate to the mission of the Task Force by the Chairman.
       (4) Chairman.--The Secretary of Commerce shall be Chairman 
     of the Task Force. The Task Force shall meet at least twice 
     each year. Each member of the Task Force shall furnish 
     necessary assistance to the Task Force.
       (5) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Chairman of the Task Force shall 
     submit to the President and to Congress a report on the 
     results of the review, including proposed amendments to 
     existing laws or regulations as may be appropriate to 
     implement such recommendations.
       (d) Travel and Tourism Industry Satellite System of 
     Accounting.--
       (1) In general.--The Secretary of Commerce shall complete, 
     as soon as may be practicable, a satellite system of 
     accounting for the travel and tourism industry.
       (2) Funding.--To the extent any costs or expenditures are 
     incurred under this subsection, they shall be covered to the 
     extent funds are available to the Department of Commerce for 
     such purpose.
       (e) Authorization of Appropriations.--
       (1) Authorization.--Subject to paragraph (2), there are 
     authorized to be appropriated such sums as may be necessary 
     for the purpose of funding international promotional 
     activities by the United States National

[[Page S11969]]

     Tourism Organization to help brand, position, and promote the 
     United States as the premiere travel and tourism destination 
     in the world.
       (2) Restrictions on use of funds.--None of the funds 
     appropriated under paragraph (1) may be used for purposes 
     other than marketing, research, outreach, or any other 
     activity designed to promote the United States as the 
     premiere travel and tourism destination in the world, except 
     that the general and administrative expenses of operating the 
     United States National Tourism Organization shall be borne by 
     the private sector through such means as the Board of 
     Directors of the Organization shall determine.
       (3) Report to congress.--Not later than March 30 of each 
     year in which funds are made available under subsection (a), 
     the Secretary shall submit to the Committee on Commerce of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a detailed report 
     setting forth--
       (A) the manner in which appropriated funds were expended;
       (B) changes in the United States market share of 
     international tourism in general and as measured against 
     specific countries and regions;
       (C) an analysis of the impact of international tourism on 
     the United States economy, including, as specifically as 
     practicable, an analysis of the impact of expenditures made 
     pursuant to this section;
       (D) an analysis of the impact of international tourism on 
     the United States trade balance and, as specifically as 
     practicable, an analysis of the impact on the trade balance 
     of expenditures made pursuant to this section; and
       (E) an analysis of other relevant economic impacts as a 
     result of expenditures made pursuant to this section.

     SEC. 423. SENSE OF THE SENATE ON PROPERTY TAXES ON PUBLIC-USE 
                   AIRPORTS.

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

     SEC. 424. FEDERAL AVIATION ADMINISTRATION PERSONNEL 
                   MANAGEMENT SYSTEM.

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

     SEC. 425. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR 
                   USE IN RESPONDING TO OIL SPILLS.

       (a) Authority.--
       (1) Notwithstanding section 202 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 483) and 
     subject to subsections (b) and (c), the Secretary of Defense 
     may, during the period beginning March 1, 1999, and ending on 
     September 30, 2002, sell aircraft and aircraft parts referred 
     to in paragraph (2) to a person or entity that provides oil 
     spill response services (including the application of oil 
     dispersants by air) pursuant to an oil spill response plan 
     that has been approved by the Secretary of the Department in 
     which the Coast Guard is operating.
       (2) The aircraft and aircraft parts that may be sold under 
     paragraph (1) are aircraft and aircraft parts of the 
     Department of Defense that are determined by the Secretary to 
     be--
       (A) excess to the needs of the Department; and
       (B) acceptable for commercial sale.
       (b) Conditions of Sale.--Aircraft and aircraft parts sold 
     under subsection (a)--
       (1) shall have as their primary purpose usage for oil spill 
     spotting, observation, and dispersant delivery and may not 
     have any secondary purpose that would interfere with oil 
     spill response efforts under an oil spill response plan;
       (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, for 
     immediate response efforts for an oil spill outside United 
     States waters that has the potential to threaten United 
     States waters, or for other purposes that are jointly 
     approved by the Secretary of Defense and the Secretary of 
     Transportation.
       (c) Certification of Persons and Entities.--The Secretary 
     of Defense may sell aircraft and aircraft parts to a person 
     or entity under subsection (a) only if the Secretary of 
     Transportation certifies to the Secretary of Defense, in 
     writing, before the sale, that the person or entity is 
     capable of meeting the terms and conditions of a contract to 
     deliver oil spill dispersants by air, and that the overall 
     system to be employed by that person or entity for the 
     delivery and application of oil spill dispersants has been 
     sufficiently tested to ensure that the person or entity is 
     capable of being included in an oil spill response plan that 
     has been approved by the Secretary of the Department in which 
     the Coast Guard is operating.
       (d) Regulations.--
       (1) As soon as practicable after the date of enactment of 
     this Act, the Secretary of Defense shall, in consultation 
     with the Secretary of Transportation and the Administrator of 
     General Services, prescribe regulations relating to the sale 
     of aircraft and aircraft parts under this section.
       (2) The regulations shall--
       (A) ensure that the sale of the aircraft and aircraft parts 
     is made at a fair market value as determined by the Secretary 
     of Defense, and, to the extent practicable, on a competitive 
     basis;
       (B) require a certification by the purchaser that the 
     aircraft and aircraft parts will be used only 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 end-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 appropriate 
     departments and agencies of the Federal Government regarding 
     alternative requirements for such aircraft and aircraft parts 
     before the sale of such aircraft and aircraft parts under 
     this section.
       (e) Additional Terms and Conditions.--The Secretary of 
     Defense may require such other terms and conditions in 
     connection with each sale of aircraft and aircraft parts 
     under this section as the Secretary considers appropriate for 
     such sale. Such terms and conditions shall meet the 
     requirements of regulations prescribed under subsection (d).
       (f) Report.--Not later than March 31, 2002, the Secretary 
     of Defense shall submit to the Committee on Armed Services of 
     the Senate and the Committee on National Security of the 
     House of Representatives a report on the Secretary's exercise 
     of authority under this section. The report shall set forth--
       (1) the number and types of aircraft sold under the 
     authority, and the terms and conditions under which the 
     aircraft were sold;
       (2) the persons or entities to which the aircraft were 
     sold; and
       (3) an accounting of the current use of the 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 
     covered into the general fund of the Treasury as 
     miscellaneous receipts.

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

       (a) Establishment of Panel.--The Administrator of the 
     Federal Aviation Administration--
       (1) shall establish an Aircraft Repair and Maintenance 
     Advisory Panel to review issues related to the use and 
     oversight of aircraft and aviation component repair and 
     maintenance facilities located within, or outside of, the 
     United States; and
       (2) may seek the advice of the panel on any issue related 
     to methods to improve the safety of domestic or foreign 
     contract aircraft and aviation component repair facilities.
       (b) Membership.--The panel shall consist of--
       (1) 8 members, appointed by the Administrator as follows:
       (A) 3 representatives of labor organizations representing 
     aviation mechanics;
       (B) 1 representative of cargo air carriers;
       (C) 1 representative of passenger air carriers;
       (D) 1 representative of aircraft and aviation component 
     repair stations;
       (E) 1 representative of aircraft manufacturers; and
       (F) 1 representative of the aviation industry not described 
     in the preceding subparagraphs;
       (2) 1 representative from the Department of Transportation, 
     designated by the Secretary of Transportation;
       (3) 1 representative from the Department of State, 
     designated by the Secretary of State; and
       (4) 1 representative from the Federal Aviation 
     Administration, designated by the Administrator.
       (c) Responsibilities.--The panel shall--
       (1) determine how much aircraft and aviation component 
     repair work and what type of aircraft and aviation component 
     repair

[[Page S11970]]

     work is being performed by aircraft and aviation component 
     repair stations located within, and outside of, the United 
     States to better understand and analyze methods to improve 
     the safety and oversight of such facilities; and
       (2) provide advice and counsel to the Administrator with 
     respect to aircraft and aviation component repair work 
     performed by those stations, staffing needs, and any safety 
     issues associated with that work.
       (d) FAA To Request Information From Foreign Aircraft Repair 
     Stations.--
       (1) Collection of information.--The Administrator shall by 
     regulation request aircraft and aviation component repair 
     stations located outside the United States to submit such 
     information as the Administrator may require in order to 
     assess safety issues and enforcement actions with respect to 
     the work performed at those stations on aircraft used by 
     United States air carriers.
       (2) Drug and alcohol testing information.--Included in the 
     information the Administrator requests under paragraph (1) 
     shall be information on the existence and administration of 
     employee drug and alcohol testing programs in place at such 
     stations, if applicable.
       (3) Description of work done.--Included in the information 
     the Administrator requests under paragraph (1) shall be 
     information on the amount and type of aircraft and aviation 
     component repair work performed at those stations on aircraft 
     registered in the United States.
       (e) FAA To Request Information About Domestic Aircraft 
     Repair Stations.--If the Administrator determines that 
     information on the volume of the use of domestic aircraft and 
     aviation component repair stations is needed in order to 
     better utilize Federal Aviation Administration resources, the 
     Administrator may--
       (1) require United States air carriers to submit the 
     information described in subsection (d) with respect to their 
     use of contract and noncontract aircraft and aviation 
     component repair facilities located in the United States; and
       (2) obtain information from such stations about work 
     performed for foreign air carriers.
       (f) FAA To Make Information Available to Public.--The 
     Administrator shall make any information received under 
     subsection (d) or (e) available to the public.
       (g) Termination.--The panel established under subsection 
     (a) shall terminate on the earlier of--
       (1) the date that is 2 years after the date of enactment of 
     this Act; or
       (2) December 31, 2000.
       (h) Annual Report to Congress.--The Administrator shall 
     report annually to the Congress on the number and location of 
     air agency certificates that were revoked, suspended, or not 
     renewed during the preceding year.
       (i) Definitions.--Any term used in this section that is 
     defined in subtitle VII of title 49, United States Code, has 
     the meaning given that term in that subtitle.

     SEC. 427. AIRCRAFT SITUATIONAL DISPLAY DATA.

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

     SEC. 428. ALLOCATION OF TRUST FUND FUNDING.

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

     SEC. 429. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA 
                   DEMONSTRATION PROJECT.

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

     SEC. 430. AIRLINE MARKETING DISCLOSURE.

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

     SEC. 431. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT.

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

     SEC. 432. FAA STUDY OF BREATHING HOODS.

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

     SEC. 433. FAA STUDY OF ALTERNATIVE POWER SOURCES FOR FLIGHT 
                   DATA RECORDERS AND COCKPIT VOICE RECORDERS.

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

     SEC. 434. PASSENGER FACILITY FEE LETTERS OF INTENT.

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

     SEC. 435. ELIMINATION OF HAZMAT ENFORCEMENT BACKLOG.

       (a) Findings.--The Congress makes the following findings:
       (1) The transportation of hazardous materials continues to 
     present a serious aviation safety problem which poses a 
     potential threat to health and safety, and can result in 
     evacuations, emergency landings, fires, injuries, and deaths.

[[Page S11971]]

       (2) Although the Federal Aviation Administration budget for 
     hazardous materials inspection increased $10,500,000 in 
     fiscal year 1998, the General Accounting Office has reported 
     that the backlog of hazardous materials enforcement cases has 
     increased from 6 to 18 months.
       (b) Elimination of Hazardous Materials Enforcement 
     Backlog.--The Administrator of the Federal Aviation 
     Administration shall--
       (1) make the elimination of the backlog in hazardous 
     materials enforcement cases a priority;
       (2) seek to eliminate the backlog within 6 months after the 
     date of enactment of this Act; and
       (3) make every effort to ensure that inspection and 
     enforcement of hazardous materials laws are carried out in a 
     consistent manner among all geographic regions, and that 
     appropriate fines and penalties are imposed in a timely 
     manner for violations.
       (c) Information Regarding Progress.--The Administrator 
     shall provide information in oral or written form to the 
     Committee on Commerce, Science, and Transportation, on a 
     quarterly basis beginning 3 months after the date of 
     enactment of this Act for a year, on plans to eliminate the 
     backlog and enforcement activities undertaken to carry out 
     subsection (b).

     SEC. 436. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

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

     SEC. 437. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS 
                   SYSTEM OUTSIDE THE UNITED STATES.

       (a) In General.--Section 41310 is amended by adding at the 
     end thereof the following:
       ``(g) Actions Against Discriminatory Activity by Foreign 
     Computer Reservation System.--The Secretary of Transportation 
     may take any action the Secretary considers to be 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 the principal offices of 
     which are located outside the United States, when the 
     Secretary, on the Secretary's own initiative or in response 
     to a 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 the principal offices of which are 
     located in the United States; or
       ``(2) imposes an unjustifiable or unreasonable restriction 
     on access of a computer reservations system the principal 
     offices of which are located in the United States to a 
     foreign market.''.
       (b) Conforming Amendments.--Section 41310 is amended--
       (1) by striking ``carrier'' in the first sentence of 
     subsection (d)(1) and inserting ``carrier, computer 
     reservations system firm,'';
       (2) by striking ``subsection (c)'' in subsection (d)(1) and 
     inserting ``subsection (c) or (g)'';
       (3) by inserting ``or computer reservations system firm'' 
     after ``carrier'' in subsection (d)(1)(B); and
       (4) by striking ``transportation.'' in subsection (e)(1) 
     and insert ``transportation or to which a computer 
     reservations system firm is subject when providing services 
     with respect to airline service.''.

     SEC. 438. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

       (a) In General.--Section 41706 is amended to read as 
     follows:

     ``Sec. 41706. Prohibitions against smoking on scheduled 
       flights

       ``(a) Smoking Prohibition in Intrastate and Interstate Air 
     Transportation.--An individual may not smoke in an aircraft 
     on a scheduled airline flight segment in interstate air 
     transportation or intrastate air transportation.
       ``(b) Smoking Prohibition in Foreign Air Transportation.--
     The Secretary of Transportation (referred to in this 
     subsection as the `Secretary') shall require all air carriers 
     and foreign air carriers to prohibit on and after October 1, 
     1999, smoking in any aircraft on a scheduled airline flight 
     segment within the United States or between a place in the 
     United States and a place outside the United States.
       ``(c) Limitation on Applicability.--
       ``(1) In general.--If a foreign government objects to the 
     application of subsection (b) on the basis that subsection 
     provides for an extraterritorial application of the laws of 
     the United States, the Secretary may waive the application of 
     subsection (b) to a foreign air carrier licensed by that 
     foreign government at such time as an alternative prohibition 
     negotiated under paragraph (2) becomes effective and is 
     enforced by the Secretary.
       ``(2) Alternative prohibition.--If, pursuant to paragraph 
     (1), a foreign government objects to the prohibition under 
     subsection (b), the Secretary shall enter into bilateral 
     negotiations with the objecting foreign government to provide 
     for an alternative smoking prohibition.
       ``(d) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary to carry out this section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 60 days after the date 
     of enactment of this Act.

     SEC. 439. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

       Section 47118 is amended--
       (1) by striking ``12.'' in subsection (a) and inserting 
     ``15.''; and
       (2) by striking ``5-fiscal-year periods'' in subsection (d) 
     and inserting ``periods, each not to exceed 5 fiscal 
     years,''.

     SEC. 440. ROLLING STOCK EQUIPMENT.

       (a) In General.--Section 1168 of title 11, United States 
     Code, is amended to read as follows:

     ``Sec. 1168. Rolling stock equipment

       ``(a)(1) The right of a secured party with a security 
     interest in or of a lessor or conditional vendor of equipment 
     described in paragraph (2) to take possession of such 
     equipment in compliance with an equipment security agreement, 
     lease, or conditional sale contract, and to enforce any of 
     its other rights or remedies under such security agreement, 
     lease, or conditional sale contract, to sell, lease, or 
     otherwise retain or dispose of such equipment, is not limited 
     or otherwise affected by any other provision of this title or 
     by any power of the court, except that right to take 
     possession and enforce those other rights and remedies shall 
     be subject to section 362, if--
       ``(A) before the date that is 60 days after the date of 
     commencement of a case under this chapter, the trustee, 
     subject to the court's approval, agrees to perform all 
     obligations of the debtor under such security agreement, 
     lease, or conditional sale contract; and
       ``(B) any default, other than a default of a kind described 
     in section 365(b)(2), under such security agreement, lease, 
     or conditional sale contract--
       ``(i) that occurs before the date of commencement of the 
     case and is an event of default therewith is cured before the 
     expiration of such 60-day period;
       ``(ii) that occurs or becomes an event of default after the 
     date of commencement of the case and before the expiration of 
     such 60-day period is cured before the later of--
       ``(I) the date that is 30 days after the date of the 
     default or event of the default; or
       ``(II) the expiration of such 60-day period; and
       ``(iii) that occurs on or after the expiration of such 60-
     day period is cured in accordance with the terms of such 
     security agreement, lease, or conditional sale contract, if 
     cure is permitted under that agreement, lease, or conditional 
     sale contract.
       ``(2) The equipment described in this paragraph--
       ``(A) is rolling stock equipment or accessories used on 
     rolling stock equipment, including superstructures or racks, 
     that is subject to a security interest granted by, leased to, 
     or conditionally sold to a debtor; and
       ``(B) includes all records and documents relating to such 
     equipment that are required, under the terms of the security 
     agreement, lease, or conditional sale contract, that is to be 
     surrendered or returned by the debtor in connection with the 
     surrender or return of such equipment.
       ``(3) Paragraph (1) applies to a secured party, lessor, or 
     conditional vendor acting in its own behalf or acting as 
     trustee or otherwise in behalf of another party.
       ``(b) The trustee and the secured party, lessor, or 
     conditional vendor whose right to take possession is 
     protected under subsection (a) may agree, subject to the 
     court's approval, to extend the 60-day period specified in 
     subsection (a)(1).
       ``(c)(1) In any case under this chapter, the trustee shall 
     immediately surrender and return to a secured party, lessor, 
     or conditional vendor, described in subsection (a)(1), 
     equipment described in subsection (a)(2), if at any time 
     after the date of commencement of the case under this chapter 
     such secured party, lessor, or conditional vendor is entitled 
     pursuant to subsection (a)(1) to take possession of such 
     equipment and makes a written demand for such possession of 
     the trustee.
       ``(2) At such time as the trustee is required under 
     paragraph (1) to surrender and return equipment described in 
     subsection (a)(2), any lease of such equipment, and any 
     security agreement or conditional sale contract relating to 
     such equipment, if such security agreement or conditional 
     sale contract is an executory contract, shall be deemed 
     rejected.
       ``(d) With respect to equipment first placed in service on 
     or prior to October 22, 1994, for purposes of this section--
       ``(1) the term `lease' includes any written agreement with 
     respect to which the lessor and the debtor, as lessee, have 
     expressed in the agreement or in a substantially 
     contemporaneous writing that the agreement is to be treated 
     as a lease for Federal income tax purposes; and
       ``(2) the term `security interest' means a purchase-money 
     equipment security interest.
       ``(e) With respect to equipment first placed in service 
     after October 22, 1994, for purposes of this section, the 
     term `rolling stock equipment' includes rolling stock 
     equipment that

[[Page S11972]]

     is substantially rebuilt and accessories used on such 
     equipment.''.
       (b) Aircraft Equipment and Vessels.--Section 1110 of title 
     11, United States Code, is amended to read as follows:

     ``Sec. 1110. Aircraft equipment and vessels

       ``(a)(1) Except as provided in paragraph (2) and subject to 
     subsection (b), the right of a secured party with a security 
     interest in equipment described in paragraph (3), or of a 
     lessor or conditional vendor of such equipment, to take 
     possession of such equipment in compliance with a security 
     agreement, lease, or conditional sale contract, and to 
     enforce any of its other rights or remedies, under such 
     security agreement, lease, or conditional sale contract, to 
     sell, lease, or otherwise retain or dispose of such 
     equipment, is not limited or otherwise affected by any other 
     provision of this title or by any power of the court.
       ``(2) The right to take possession and to enforce the other 
     rights and remedies described in paragraph (1) shall be 
     subject to section 362 if--
       ``(A) before the date that is 60 days after the date of the 
     order for relief under this chapter, the trustee, subject to 
     the approval of the court, agrees to perform all obligations 
     of the debtor under such security agreement, lease, or 
     conditional sale contract; and
       ``(B) any default, other than a default of a kind specified 
     in section 365(b)(2), under such security agreement, lease, 
     or conditional sale contract--
       ``(i) that occurs before the date of the order is cured 
     before the expiration of such 60-day period;
       ``(ii) that occurs after the date of the order and before 
     the expiration of such 60-day period is cured before the 
     later of--
       ``(I) the date that is 30 days after the date of the 
     default; or
       ``(II) the expiration of such 60-day period; and
       ``(iii) that occurs on or after the expiration of such 60-
     day period is cured in compliance with the terms of such 
     security agreement, lease, or conditional sale contract, if a 
     cure is permitted under that agreement, lease, or contract.
       ``(3) The equipment described in this paragraph--
       ``(A) is--
       ``(i) an aircraft, aircraft engine, propeller, appliance, 
     or spare part (as defined in section 40102 of title 49) that 
     is subject to a security interest granted by, leased to, or 
     conditionally sold to a debtor that, at the time such 
     transaction is entered into, holds an air carrier operating 
     certificate issued pursuant to chapter 447 of title 49 for 
     aircraft capable of carrying 10 or more individuals or 6,000 
     pounds or more of cargo; or
       ``(ii) a documented vessel (as defined in section 30101(1) 
     of title 46) that is subject to a security interest granted 
     by, leased to, or conditionally sold to a debtor that is a 
     water carrier that, at the time such transaction is entered 
     into, holds a certificate of public convenience and necessity 
     or permit issued by the Department of Transportation; and
       ``(B) includes all records and documents relating to such 
     equipment that are required, under the terms of the security 
     agreement, lease, or conditional sale contract, to be 
     surrendered or returned by the debtor in connection with the 
     surrender or return of such equipment.
       ``(4) Paragraph (1) applies to a secured party, lessor, or 
     conditional vendor acting in its own behalf or acting as 
     trustee or otherwise in behalf of another party.
       ``(b) The trustee and the secured party, lessor, or 
     conditional vendor whose right to take possession is 
     protected under subsection (a) may agree, subject to the 
     approval of the court, to extend the 60-day period specified 
     in subsection (a)(1).
       ``(c)(1) In any case under this chapter, the trustee shall 
     immediately surrender and return to a secured party, lessor, 
     or conditional vendor, described in subsection (a)(1), 
     equipment described in subsection (a)(3), if at any time 
     after the date of the order for relief under this chapter 
     such secured party, lessor, or conditional vendor is entitled 
     pursuant to subsection (a)(1) to take possession of such 
     equipment and makes a written demand for such possession to 
     the trustee.
       ``(2) At such time as the trustee is required under 
     paragraph (1) to surrender and return equipment described in 
     subsection (a)(3), any lease of such equipment, and any 
     security agreement or conditional sale contract relating to 
     such equipment, if such security agreement or conditional 
     sale contract is an executory contract, shall be deemed 
     rejected.
       ``(d) With respect to equipment first placed in service on 
     or before October 22, 1994, for purposes of this section--
       ``(1) the term `lease' includes any written agreement with 
     respect to which the lessor and the debtor, as lessee, have 
     expressed in the agreement or in a substantially 
     contemporaneous writing that the agreement is to be treated 
     as a lease for Federal income tax purposes; and
       ``(2) the term `security interest' means a purchase-money 
     equipment security interest.''.

     SEC. 441. MONROE REGIONAL AIRPORT LAND CONVEYANCE.

       The Secretary of Transportation may 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. 442. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

       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.

     SEC. 443. REPORT ON SPECIALTY METALS CONSORTIUM.

       The Administrator of the Federal Aviation Administration 
     may work with a consortium of domestic metal producers and 
     aircraft engine manufacturers to improve the quality of 
     turbine engine materials and to address melting technology 
     enhancements. The Administrator shall report to the Congress 
     within 6 months after entering into an agreement with any 
     such consortium of such producers and manufacturers on the 
     goals and efforts of the consortium.

     SEC. 444. PAVEMENT CONDITION.

       The Administrator of the Federal Aviation Administration 
     may conduct a study on the extent of alkali silica 
     reactivity-induced pavement distress in concrete runways, 
     taxiways, and aprons for airports comprising the national air 
     transportation system. If the Administrator conducts such a 
     study, it shall include a determination based on in-the-field 
     inspections followed by petrographic analysis or other 
     similar techniques.

     SEC. 445. 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.--
       ``(1) In general.--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)).
       ``(2) Shortage of candidates.--If the Secretary receives an 
     insufficient number of applications from public-use airports 
     located in such areas, then the Secretary may consider 
     applications from public-use airports that are not located in 
     such areas.
       ``(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) 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.
       ``(e) Maximum Amount.--Not more than $2,000,000 may be 
     expended under the pilot program at any single public-use 
     airport.
       ``(f) Report to Congress.--Not later than 18 months after 
     the date of the enactment of the Air Transportation 
     Improvement Act, 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--
       ``(1) an evaluation of the effectiveness of the pilot 
     program;
       ``(2) an identification of other public-use airports that 
     expressed an interest in participating in the pilot program; 
     and

[[Page S11973]]

       ``(3) a description of the mechanisms used by the Secretary 
     to ensure that the information and know-how gained by 
     participants to the pilot program is transferred among the 
     participants and to other interested parties, including other 
     public-use airports.
       ``(g) Inherently Low-emission Vehicle Activity Defined.--In 
     this section, the term `inherently low-emission vehicle 
     activity' means--
       ``(1) the construction of infrastructure or modifications 
     at public-use airports to enable the delivery of fuel and 
     services necessary for the use of vehicles that are certified 
     as inherently low-emission vehicles under title 40 of the 
     Code of Federal Regulations, that--
       ``(A) operate exclusively on compressed natural gas, 
     liquefied natural gas, liquefied petroleum gas, electricity, 
     hydrogen, or a blend at least 85 percent of which is 
     methanol;
       ``(B) are labeled in accordance with section 88.312-93(c) 
     of such title; and
       ``(C) are located or primarily used at public-use airports;
       ``(2) the construction of infrastructure or modifications 
     at public-use airports to enable the delivery of fuel and 
     services necessary for the use of non-road vehicles that--
       ``(A) operate exclusively on compressed natural gas, 
     liquefied natural gas, liquefied petroleum gas, electricity, 
     hydrogen, or a blend at least 85 percent of which is 
     methanol;
       ``(B) meet or exceed the standards set forth in section 
     86.1708-99 of title 40 of the Code of Federal Regulations, or 
     the standards set forth in section 89.112(a) of such title, 
     and are in compliance with the requirements of section 
     89.112(b) of such title; and
       ``(C) are located or primarily used at public-use airports;
       ``(3) the payment of that portion of the cost of acquiring 
     such vehicles that exceeds the cost of acquiring other 
     vehicles or engines that would be used for the same purpose; 
     or
       ``(4) the acquisition of technological capital equipment to 
     enable the delivery of fuel and services 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. 446. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION OF 
                   HIGHER EDUCATION IN OKLAHOMA.

       (a) In General.--Notwithstanding any other provision of 
     law, including the Surplus Property Act of 1944 (58 Stat. 
     765, chapter 479; 50 U.S.C. App. 1622 et seq.), the Secretary 
     of Transportation (or the appropriate Federal officer) may 
     waive, without charge, any of the terms contained in any deed 
     of conveyance described in subsection (b) that restrict the 
     use of any land described in such a deed that, as of the date 
     of enactment of this Act, is not being used for the operation 
     of an airport or for air traffic. A waiver made under the 
     preceding sentence shall be deemed to be consistent with the 
     requirements of section 47153 of title 49, United States 
     Code.
       (b) Deed of Conveyance.--A deed of conveyance referred to 
     in subsection (a) is a deed of conveyance issued by the 
     United States before the date of enactment of this Act for 
     the conveyance of lands to a public institution of higher 
     education in Oklahoma.
       (c) Use of Lands Subject to Waiver.--
       (1) In general.--Notwithstanding any other provision of 
     law, the lands subject to a waiver under subsection (a) shall 
     not be subject to any term, condition, reservation, or 
     restriction that would otherwise apply to that land as a 
     result of the conveyance of that land by the United States to 
     the institution of higher education.
       (2) Use of lands.--An institution of higher education that 
     is issued a waiver under subsection (a) may use revenues 
     derived from the use, operation, or disposal of that land 
     only for weather-related and educational purposes that 
     include benefits for aviation.
       (d) Grants.--
       (1) In general.--Notwithstanding any other provision of 
     law, if an institution of higher education that is subject to 
     a waiver under subsection (a) received financial assistance 
     in the form of a grant from the Federal Aviation 
     Administration or a predecessor agency before the date of 
     enactment of this Act, then the Secretary of Transportation 
     may waive the repayment of the outstanding amount of any 
     grant that the institution of higher education would 
     otherwise be required to pay.
       (2) Eligibility to receive subsequent grants.--Nothing in 
     paragraph (1) shall affect the eligibility of an institution 
     of higher education that is subject to that paragraph from 
     receiving grants from the Secretary of Transportation under 
     chapter 471 of title 49, United States Code, or under any 
     other provision of law relating to financial assistance 
     provided through the Federal Aviation Administration.

     SEC. 447. 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. 448. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION 
                   SYSTEM.

       The Administrator of the Federal Aviation Administration is 
     authorized to develop a national policy and related 
     procedures concerning the Terminal Automated Radar Display 
     and Information System and sequencing for Visual Flight Rule 
     air traffic control towers.

     SEC. 449. COST/BENEFIT ANALYSIS FOR RETROFIT OF 16G SEATS.

       Before the Administrator of the Federal Aviation 
     Administration issues a final rule requiring the air carriers 
     to retrofit existing aircraft with 16G seats, the 
     Administrator shall conduct, in consultation with the 
     Inspector General of the Department of Transportation, a 
     comprehensive analysis of the costs and benefits that would 
     be associated with the issuance of such a final rule.

     SEC. 450. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.

       The Secretary of Transportation may grant a release from 
     any term or condition in a grant agreement for the 
     development or improvement of the Raleigh County Memorial 
     Airport, West Virginia, if the Secretary determines that the 
     property to be released--
       (1) does not exceed 400 acres; and
       (2) is not needed for airport purposes.

     SEC. 451. AIRPORT SAFETY NEEDS.

       (a) In General.--The Administrator shall conduct a study 
     reviewing current and future airport safety needs that--
       (1) focuses specifically on the mission of rescue 
     personnel, rescue operations response time, and extinguishing 
     equipment; and
       (2) gives particular consideration to the need for 
     different requirements for airports that are related to the 
     size of the airport and the size of the community immediately 
     surrounding the airport.
       (b) Report Transmitted to Congress; Deadline.--The 
     Administrator shall transmit a report containing the 
     Administrator's findings and recommendations to the Aviation 
     Subcommittee of the Senate Committee on Commerce, Science, 
     and Transportation and the Aviation Subcommittee of the House 
     of Representatives Committee on Transportation and 
     Infrastructure within 6 months after the date of enactment of 
     this Act.
       (c) Cost/benefit Analysis of Proposed Changes.--If the 
     Administrator recommends, on the basis of a study conducted 
     under subsection (a), that part 139 of title 14, Code of 
     Federal Regulations, should be revised to meet current and 
     future airport safety needs, the Administrator shall include 
     a cost-benefit analysis of any recommended changes in the 
     report.

     SEC. 452. FLIGHT TRAINING OF INTERNATIONAL STUDENTS.

       The Federal Aviation Administration shall implement a 
     bilateral aviation safety agreement for conversion of flight 
     crew licenses between the government of the United States and 
     the Joint Aviation Authority member governments.

     SEC. 453. GRANT PARISH, LOUISIANA.

       In General.--The United States may release, without 
     monetary consideration, all restrictions, conditions, and 
     limitations on the use, encumbrance, or conveyance of certain 
     land located in Grant Parish, Louisiana, identified as Tracts 
     B, C, and D on the map entitled ``Plat of Restricted 
     Properties/Former Pollock Army Airfield, Pollock, 
     Louisiana'', dated August 1, 1996, to the extent such 
     restrictions, conditions, and limitations are enforceable by 
     the United States, but the United States shall retain the 
     right of access to, and use of, that land for national 
     defense purposes in time of war or national emergency.
       (b) Mineral Rights.--Nothing in subsection (a) affects the 
     ownership or disposition of oil, gas, or other mineral 
     resources associated with land described in subsection (a).

                TITLE V--AVIATION COMPETITION PROMOTION

     SEC. 501. PURPOSE.

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

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

       Section 102 is amended by adding at the end thereof the 
     following:
       ``(g) Small Community Air Service Development Program.--
       ``(1) Establishment.--The Secretary shall establish a 4-
     year pilot aviation development program to be administered by 
     a program director designated by the Secretary.
       ``(2) Functions.--The program director shall--
       ``(A) function as a facilitator between small communities 
     and air carriers;
       ``(B) carry out section 41743 of this title;
       ``(C) carry out the airline service restoration program 
     under sections 41744, 41745, and 41746 of this title;
       ``(D) ensure that the Bureau of Transportation Statistics 
     collects data on passenger

[[Page S11974]]

     information to assess the service needs of small communities;
       ``(E) work with and coordinate efforts with other Federal, 
     State, and local agencies to increase the viability of 
     service to small communities and the creation of aviation 
     development zones; and
       ``(F) provide policy recommendations to the Secretary and 
     the Congress that will ensure that small communities have 
     access to quality, affordable air transportation services.
       ``(3) Reports.--The program director shall provide an 
     annual report to the Secretary and the Congress beginning in 
     2000 that--
       ``(A) analyzes the availability of air transportation 
     services in small communities, including, but not limited to, 
     an assessment of the air fares charged for air transportation 
     services in small communities compared to air fares charged 
     for air transportation services in larger metropolitan areas 
     and an assessment of the levels of service, measured by types 
     of aircraft used, the availability of seats, and scheduling 
     of flights, provided to small communities;
       ``(B) identifies the policy, economic, geographic and 
     marketplace factors that inhibit the availability of quality, 
     affordable air transportation services to small communities; 
     and
       ``(C) provides policy recommendations to address the 
     policy, economic, geographic, and marketplace factors 
     inhibiting the availability of quality, affordable air 
     transportation services to small communities.''.

     SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM.

       (a) In General.--Subchapter II of chapter 417 is amended by 
     adding at the end thereof the following:

     ``Sec. 41743. Air service program for small communities

       ``(a) Communities Program.--Under advisory guidelines 
     prescribed by the Secretary of Transportation, a small 
     community or a consortia of small communities or a State may 
     develop an assessment of its air service requirements, in 
     such form as the program director designated by the Secretary 
     under section 102(g) may require, and submit the assessment 
     and service proposal to the program director.
       ``(b) Selection of Participants.--In selecting community 
     programs for participation in the communities program under 
     subsection (a), the program director shall apply criteria, 
     including geographical diversity and the presentation of 
     unique circumstances, that will demonstrate the feasibility 
     of the program. For purposes of this subsection, the 
     application of geographical diversity criteria means criteria 
     that--
       ``(1) will promote the development of a national air 
     transportation system; and
       ``(2) will involve the participation of communities in all 
     regions of the country.
       ``(c) Carriers Program.--The program director shall invite 
     part 121 air carriers and regional/commuter carriers (as such 
     terms are defined in section 41715(d) of this title) to offer 
     service proposals in response to, or in conjunction with, 
     community aircraft service assessments submitted to the 
     office under subsection (a). A service proposal under this 
     paragraph shall include--
       ``(1) an assessment of potential daily passenger traffic, 
     revenues, and costs necessary for the carrier to offer the 
     service;
       ``(2) a forecast of the minimum percentage of that traffic 
     the carrier would require the community to garner in order 
     for the carrier to start up and maintain the service; and
       ``(3) the costs and benefits of providing jet service by 
     regional or other jet aircraft.
       ``(d) Program Support Function.--The program director shall 
     work with small communities and air carriers, taking into 
     account their proposals and needs, to facilitate the 
     initiation of service. The program director--
       ``(1) may work with communities to develop innovative means 
     and incentives for the initiation of service;
       ``(2) may obligate funds authorized under section 504 of 
     the Air Transportation Improvement Act to carry out this 
     section;
       ``(3) shall continue to work with both the carriers and the 
     communities to develop a combination of community incentives 
     and carrier service levels that--
       ``(A) are acceptable to communities and carriers; and
       ``(B) do not conflict with other Federal or State programs 
     to facilitate air transportation to the communities;
       ``(4) designate an airport in the program as an Air Service 
     Development Zone and work with the community on means to 
     attract business to the area surrounding the airport, to 
     develop land use options for the area, and provide data, 
     working with the Department of Commerce and other agencies;
       ``(5) take such other action under this chapter as may be 
     appropriate.
       ``(e) Limitations.--
       ``(1) Community support.--The program director may not 
     provide financial assistance under subsection (c)(2) to any 
     community unless the program director determines that--
       ``(A) a public-private partnership exists at the community 
     level to carry out the community's proposal;
       ``(B) the community will make a substantial financial 
     contribution that is appropriate for that community's 
     resources, but of not less than 25 percent of the cost of the 
     project in any event;
       ``(C) the community has established an open process for 
     soliciting air service proposals; and
       ``(D) the community will accord similar benefits to air 
     carriers that are similarly situated.
       ``(2) Amount.--The program director may not obligate more 
     than $80,000,000 of the amounts authorized under 504 of the 
     Air Transportation Improvement Act over the 4 years of the 
     program.
       ``(3) Number of participants.--The program established 
     under subsection (a) shall not involve more than 40 
     communities or consortia of communities.
       ``(f) Report.--The program director shall report through 
     the Secretary to the Congress annually on the progress made 
     under this section during the preceding year in expanding 
     commercial aviation service to smaller communities.

     ``Sec. 41744. Pilot program project authority

       ``(a) In General.--The program director designated by the 
     Secretary of Transportation under section 102(g)(1) shall 
     establish a 4-year pilot program--
       ``(1) to assist communities and States with inadequate 
     access to the national transportation system to improve their 
     access to that system; and
       ``(2) to facilitate better air service link-ups to support 
     the improved access.
       ``(b) Project Authority.--Under the pilot program 
     established pursuant to subsection (a), the program director 
     may--
       ``(1) out of amounts authorized under section 504 of the 
     Air Transportation Improvement Act, provide financial 
     assistance by way of grants to small communities or consortia 
     of small communities under section 41743 of up to $500,000 
     per year; and
       ``(2) take such other action as may be appropriate.
       ``(c) Other Action.--Under the pilot program established 
     pursuant to subsection (a), the program director may 
     facilitate service by--
       ``(1) working with airports and air carriers to ensure that 
     appropriate facilities are made available at essential 
     airports;
       ``(2) collecting data on air carrier service to small 
     communities; and
       ``(3) providing policy recommendations to the Secretary to 
     stimulate air service and competition to small communities.
       ``(d) Additional Action.--Under the pilot program 
     established pursuant to subsection (a), the Secretary shall 
     work with air carriers providing service to participating 
     communities and major air carriers serving large hub airports 
     (as defined in section 41731(a)(3)) to facilitate joint fare 
     arrangements consistent with normal industry practice.

     ``Sec. 41745. Assistance to communities for service

       ``(a) In General.--Financial assistance provided under 
     section 41743 during any fiscal year as part of the pilot 
     program established under section 41744(a) shall be 
     implemented for not more than--
       ``(1) 4 communities within any State at any given time; and
       ``(2) 40 communities in the entire program at any time.
     For purposes of this subsection, a consortium of communities 
     shall be treated as a single community.
       ``(b) Eligibility.--In order to participate in a pilot 
     project under this subchapter, a State, community, or group 
     of communities shall apply to the Secretary in such form and 
     at such time, and shall supply such information, as the 
     Secretary may require, and shall demonstrate to the 
     satisfaction of the Secretary that--
       ``(1) the applicant has an identifiable need for access, or 
     improved access, to the national air transportation system 
     that would benefit the public;
       ``(2) the pilot project will provide material benefits to a 
     broad section of the travelling public, businesses, 
     educational institutions, and other enterprises whose access 
     to the national air transportation system is limited;
       ``(3) the pilot project will not impede competition; and
       ``(4) the applicant has established, or will establish, 
     public-private partnerships in connection with the pilot 
     project to facilitate service to the public.
       ``(c) Coordination with Other Provisions of Subchapter.--
     The Secretary shall carry out the 4-year pilot program 
     authorized by this subchapter in such a manner as to 
     complement action taken under the other provisions of this 
     subchapter. To the extent the Secretary determines to be 
     appropriate, the Secretary may adopt criteria for 
     implementation of the 4-year pilot program that are the same 
     as, or similar to, the criteria developed under the preceding 
     sections of this subchapter for determining which airports 
     are eligible under those sections. The Secretary shall also, 
     to the extent possible, provide incentives where no direct, 
     viable, and feasible alternative service exists, taking into 
     account geographical diversity and appropriate market 
     definitions.
       ``(d) Maximization of Participation.--The Secretary shall 
     structure the program established pursuant to section 
     41744(a) in a way designed to--
       ``(1) permit the participation of the maximum feasible 
     number of communities and States over a 4-year period by 
     limiting the number of years of participation or otherwise; 
     and
       ``(2) obtain the greatest possible leverage from the 
     financial resources available to the Secretary and the 
     applicant by--

[[Page S11975]]

       ``(A) progressively decreasing, on a project-by-project 
     basis, any Federal financial incentives provided under this 
     chapter over the 4-year period; and
       ``(B) terminating as early as feasible Federal financial 
     incentives for any project determined by the Secretary after 
     its implementation to be--
       ``(i) viable without further support under this subchapter; 
     or
       ``(ii) failing to meet the purposes of this chapter or 
     criteria established by the Secretary under the pilot 
     program.
       ``(e) Success Bonus.--If Federal financial incentives to a 
     community are terminated under subsection (d)(2)(B) because 
     of the success of the program in that community, then that 
     community may receive a one-time incentive grant to ensure 
     the continued success of that program.
       ``(f) Program to Terminate in 4 Years.--No new financial 
     assistance may be provided under this subchapter for any 
     fiscal year beginning more than 4 years after the date of 
     enactment of the Air Transportation Improvement Act.

     ``Sec. 41746. Additional authority

       ``In carrying out this chapter, the Secretary--
       ``(1) may provide assistance to States and communities in 
     the design and application phase of any project under this 
     chapter, and oversee the implementation of any such project;
       ``(2) may assist States and communities in putting together 
     projects under this chapter to utilize private sector 
     resources, other Federal resources, or a combination of 
     public and private resources;
       ``(3) may accord priority to service by jet aircraft;
       ``(4) take such action as may be necessary to ensure that 
     financial resources, facilities, and administrative 
     arrangements made under this chapter are used to carry out 
     the purposes of title V of the Air Transportation Improvement 
     Act; and
       ``(5) shall work with the Federal Aviation Administration 
     on airport and air traffic control needs of communities in 
     the program.''.
       (b) Conforming Amendment.--The chapter analysis for 
     subchapter II of chapter 417 is amended by inserting after 
     the item relating to section 41742 the following:

``41743. Air service program for small communities.
``41744. Pilot program project authority.
``41745. Assistance to communities for service.
``41746. Additional authority.''.
       (c) Waiver of Local Contribution.--Section 41736(b) is 
     amended by inserting after paragraph (4) the following:

     ``Paragraph (4) does not apply to any community approved for 
     service under this section during the period beginning 
     October 1, 1991, and ending December 31, 1997.''.

     SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation $80,000,000 to carry out sections 41743 
     through 41746 of title 49, United States Code, for the 4 
     fiscal-year period beginning with fiscal year 2000.

     SEC. 505. MARKETING PRACTICES.

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

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

       (a) In General.--Subchapter I of chapter 417, as amended by 
     section 310, is amended by adding at the end thereof the 
     following:

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

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

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

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

       (a) In General.--Subchapter I of chapter 417, as amended by 
     section 506, is amended by adding at the end thereof the 
     following:

     ``Sec. 41719. Special Rules for Ronald Reagan Washington 
       National Airport

       ``(a) Beyond-Perimeter Exemptions.--The Secretary shall by 
     order grant exemptions from the application of sections 
     49104(a)(5), 49109, 49111(e), and 41714 of this title to air 
     carriers to operate limited frequencies and aircraft on 
     select routes between Ronald Reagan Washington National 
     Airport and domestic hub airports of such carriers and 
     exemptions from the requirements of subparts K and S of part 
     93, Code of Federal Regulations, if the Secretary finds that 
     the exemptions will--
       ``(1) provide air transportation service with domestic 
     network benefits in areas beyond the perimeter described in 
     that section;
       ``(2) increase competition by new entrant air carriers or 
     in multiple markets;
       ``(3) not reduce travel options for communities served by 
     small hub airports and medium hub airports within the 
     perimeter described in section 49109 of title 49, United 
     States Code; and
       ``(4) not result in meaningfully increased travel delays.
       ``(b) Within-Perimeter Exemptions.--The Secretary shall by 
     order grant exemptions from the requirements of sections 
     49104(a)(5), 49111(e), and 41714 of this title and subparts K 
     and S of part 93 of title 14, Code of Federal Regulations, to 
     commuter air carriers for service to airports with fewer than 
     2,000,000

[[Page S11976]]

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

``41719. Special Rules for Ronald Reagan Washington National 
              Airport.''.

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

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

       (a) In General.--Subchapter I of chapter 417, as amended by 
     section 507, is amended by adding at the end thereof the 
     following:

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

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

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

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

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

     SEC. 510. REGIONAL AIR SERVICE INCENTIVE OPTIONS.

       (a) Purpose.--The purpose of this section is to provide the 
     Congress with an analysis of means to improve service by jet 
     aircraft to underserved markets by authorizing a review of 
     different programs of Federal financial assistance, including 
     loan guarantees like those that would have been provided for 
     by section 2 of S. 1353, 105th Congress, as introduced, to 
     commuter air carriers that would purchase regional jet 
     aircraft for use in serving those markets.
       (b) Study.--The Secretary of Transportation shall study the 
     efficacy of a program of Federal loan guarantees for the 
     purchase of regional jets by commuter air carriers. The 
     Secretary shall include in the study a

[[Page S11977]]

     review of options for funding, including alternatives to 
     Federal funding. In the study, the Secretary shall analyze--
       (1) the need for such a program;
       (2) its potential benefit to small communities;
       (3) the trade implications of such a program;
       (4) market implications of such a program for the sale of 
     regional jets;
       (5) the types of markets that would benefit the most from 
     such a program;
       (6) the competitive implications of such a program; and
       (7) the cost of such a program.
       (c) Report.--The Secretary shall submit a report of the 
     results of the study to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure not later than 
     24 months after the date of enactment of this Act.

                  TITLE VI--NATIONAL PARKS OVERFLIGHTS

     SEC. 601. FINDINGS.

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

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

       (a) In General.--Chapter 401, as amended by section 301 of 
     this Act, is amended by adding at the end the following:

     ``Sec. 40126. Overflights of national parks

       ``(a) In General.--
       ``(1) General requirements.--A commercial air tour operator 
     may not conduct commercial air tour operations over a 
     national park or tribal lands except--
       ``(A) in accordance with this section;
       ``(B) in accordance with conditions and limitations 
     prescribed for that operator by the Administrator; and
       ``(C) in accordance with any effective air tour management 
     plan for that park or those tribal lands.
       ``(2) Application for operating authority.--
       ``(A) Application required.--Before commencing commercial 
     air tour operations over a national park or tribal lands, a 
     commercial air tour operator shall apply to the Administrator 
     for authority to conduct the operations over that park or 
     those tribal lands.
       ``(B) Competitive bidding for limited capacity parks.--
     Whenever a commercial air tour management plan limits the 
     number of commercial air tour flights over a national park 
     area during a specified time frame, the Administrator, in 
     cooperation with the Director, shall authorize commercial air 
     tour operators to provide such service. The authorization 
     shall specify such terms and conditions as the Administrator 
     and the Director find necessary for management of commercial 
     air tour operations over the national park. The 
     Administrator, in cooperation with the Director, shall 
     develop an open competitive process for evaluating proposals 
     from persons interested in providing commercial air tour 
     services over the national park. In making a selection from 
     among various proposals submitted, the Administrator, in 
     cooperation with the Director, shall consider relevant 
     factors, including--
       ``(i) the safety record of the company or pilots;
       ``(ii) any quiet aircraft technology proposed for use;
       ``(iii) the experience in commercial air tour operations 
     over other national parks or scenic areas;
       ``(iv) the financial capability of the company;
       ``(v) any training programs for pilots; and
       ``(vi) responsiveness to any criteria developed by the 
     National Park Service or the affected national park.
       ``(C) Number of operations authorized.--In determining the 
     number of authorizations to issue to provide commercial air 
     tour service over a national park, the Administrator, in 
     cooperation with the Director, shall take into consideration 
     the provisions of the air tour management plan, the number of 
     existing commercial air tour operators and current level of 
     service and equipment provided by any such companies, and the 
     financial viability of each commercial air tour operation.
       ``(D) Cooperation with nps.--Before granting an application 
     under this paragraph, the Administrator shall, in cooperation 
     with the Director, develop an air tour management plan in 
     accordance with subsection (b) and implement such plan.
       ``(E) Time limit on response to atmp applications.--The 
     Administrator shall act on any such application and issue a 
     decision on the application not later than 24 months after it 
     is received or amended.
       ``(3) Exception.--Notwithstanding paragraph (1), commercial 
     air tour operators may conduct commercial air tour operations 
     over a national park under part 91 of the Federal Aviation 
     Regulations (14 CFR 91.1 et seq.) if--
       ``(A) such activity is permitted under part 119 (14 CFR 
     119.1(e)(2));
       ``(B) the operator secures a letter of agreement from the 
     Administrator and the national park superintendent for that 
     national park describing the conditions under which the 
     flight operations will be conducted; and
       ``(C) the total number of operations under this exception 
     is limited to not more than 5 flights in any 30-day period 
     over a particular park.
       ``(4) Special rule for safety requirements.--
     Notwithstanding subsection (c), an existing commercial air 
     tour operator shall, not later than 90 days after the date of 
     enactment of the Air Transportation Improvement Act, apply 
     for operating authority under part 119, 121, or 135 of the 
     Federal Aviation Regulations (14 CFR Pt. 119, 121, or 135). A 
     new entrant commercial air tour operator shall apply for such 
     authority before conducting commercial air tour operations 
     over a national park or tribal lands.
       ``(b) Air Tour Management Plans.--
       ``(1) Establishment of atmps.--
       ``(A) In general.--The Administrator shall, in cooperation 
     with the Director, establish an air tour management plan for 
     any national park or tribal land for which such a plan is not 
     already in effect whenever a person applies for authority to 
     operate a commercial air tour over the park. The development 
     of the air tour management plan is to be a cooperative 
     undertaking between the Federal Aviation Administration and 
     the National Park Service. The air tour management plan shall 
     be developed by means of a public process, and the agencies 
     shall develop information and analysis that explains the 
     conclusions that the agencies make in the application of the 
     respective criteria. Such explanations shall be included in 
     the Record of Decision and may be subject to judicial review.
       ``(B) Objective.--The objective of any air tour management 
     plan shall be to develop acceptable and effective measures to 
     mitigate or prevent the significant adverse impacts, if any, 
     of commercial air tours upon the natural and cultural 
     resources and visitor experiences and tribal lands.
       ``(2) Environmental determination.--In establishing an air 
     tour management plan under this subsection, the Administrator 
     and the Director shall each sign the environmental decision 
     document required by section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332) which may 
     include a finding of no significant impact, an environmental 
     assessment, or an environmental impact statement, and the 
     Record of Decision for the air tour management plan.
       ``(3) Contents.--An air tour management plan for a national 
     park--
       ``(A) may prohibit commercial air tour operations in whole 
     or in part;
       ``(B) may establish conditions for the conduct of 
     commercial air tour operations, including commercial air tour 
     routes, maximum or minimum altitudes, time-of-day 
     restrictions, restrictions for particular events, maximum 
     number of flights per unit of time, intrusions on privacy on 
     tribal lands, and mitigation of noise, visual, or other 
     impacts;
       ``(C) shall apply to all commercial air tours within \1/2\ 
     mile outside the boundary of a national park;
       ``(D) shall include incentives (such as preferred 
     commercial air tour routes and altitudes, relief from caps 
     and curfews) for the adoption of quiet aircraft technology by 
     commercial air tour operators conducting commercial air tour 
     operations at the park;
       ``(E) shall provide for the initial allocation of 
     opportunities to conduct commercial air tours if the plan 
     includes a limitation on the number of commercial air tour 
     flights for any time period; and
       ``(F) shall justify and document the need for measures 
     taken pursuant to subparagraphs (A) through (E).
       ``(4) Procedure.--In establishing a commercial air tour 
     management plan for a national park, the Administrator and 
     the Director shall--
       ``(A) initiate at least one public meeting with interested 
     parties to develop a commercial air tour management plan for 
     the park;
       ``(B) publish the proposed plan in the Federal Register for 
     notice and comment and make copies of the proposed plan 
     available to the public;
       ``(C) comply with the regulations set forth in sections 
     1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal 
     Regulations (for purposes of complying with those 
     regulations, the Federal Aviation Administration is the lead 
     agency and the National Park Service is a cooperating 
     agency); and
       ``(D) solicit the participation of any Indian tribe whose 
     tribal lands are, or may be, overflown by aircraft involved 
     in commercial air tour operations over a national park or 
     tribal lands, as a cooperating agency under the regulations 
     referred to in paragraph (4)(C).

[[Page S11978]]

       ``(5) Amendments.--Any amendment of an air tour management 
     plan shall be published in the Federal Register for notice 
     and comment. A request for amendment of an air tour 
     management plan shall be made in such form and manner as the 
     Administrator may prescribe.
       ``(c) Interim Operating Authority.--
       ``(1) In general.--Upon application for operating 
     authority, the Administrator shall grant interim operating 
     authority under this paragraph to a commercial air tour 
     operator for a national park or tribal lands for which the 
     operator is an existing commercial air tour operator.
       ``(2) Requirements and limitations.--Interim operating 
     authority granted under this subsection--
       ``(A) shall provide annual authorization only for the 
     greater of--
       ``(i) the number of flights used by the operator to provide 
     such tours within the 12-month period prior to the date of 
     enactment of the Air Transportation Improvement Act; or
       ``(ii) the average number of flights per 12-month period 
     used by the operator to provide such tours within the 36-
     month period prior to such date of enactment, and, for 
     seasonal operations, the number of flights so used during the 
     season or seasons covered by that 12-month period;
       ``(B) may not provide for an increase in the number of 
     operations conducted during any time period by the commercial 
     air tour operator to which it is granted unless the increase 
     is agreed to by the Administrator and the Director;
       ``(C) shall be published in the Federal Register to provide 
     notice and opportunity for comment;
       ``(D) may be revoked by the Administrator for cause;
       ``(E) shall terminate 180 days after the date on which an 
     air tour management plan is established for that park or 
     those tribal lands; and
       ``(F) shall--
       ``(i) promote protection of national park resources, 
     visitor experiences, and tribal lands;
       ``(ii) promote safe operations of the commercial air tour;
       ``(iii) promote the adoption of quiet technology, as 
     appropriate; and
       ``(iv) allow for modifications of the operation based on 
     experience if the modification improves protection of 
     national park resources and values and of tribal lands.
       ``(3) New entrant air tour operators.--
       ``(A) In general.--The Administrator, in cooperation with 
     the Director, may grant interim operating authority under 
     this paragraph to an air tour operator for a national park 
     for which that operator is a new entrant air tour operator if 
     the Administrator determines the authority is necessary to 
     ensure competition in the provision of commercial air tours 
     over that national park or those tribal lands.
       ``(B) Safety limitation.--The Administrator may not grant 
     interim operating authority under subparagraph (A) if the 
     Administrator determines that it would create a safety 
     problem at that park or on tribal lands, or the Director 
     determines that it would create a noise problem at that park 
     or on tribal lands.
       ``(C) ATMP limitation.--The Administrator may grant interim 
     operating authority under subparagraph (A) of this paragraph 
     only if the air tour management plan for the park or tribal 
     lands to which the application relates has not been developed 
     within 24 months after the date of enactment of the Air 
     Transportation Improvement Act.
       ``(d) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Commercial air tour.--The term `commercial air tour' 
     means any flight conducted for compensation or hire in a 
     powered aircraft where a purpose of the flight is 
     sightseeing. If the operator of a flight asserts that the 
     flight is not a commercial air tour, factors that can be 
     considered by the Administrator in making a determination of 
     whether the flight is a commercial air tour, include, but are 
     not limited to--
       ``(A) whether there was a holding out to the public of 
     willingness to conduct a sightseeing flight for compensation 
     or hire;
       ``(B) whether a narrative was provided that referred to 
     areas or points of interest on the surface;
       ``(C) the area of operation;
       ``(D) the frequency of flights;
       ``(E) the route of flight;
       ``(F) the inclusion of sightseeing flights as part of any 
     travel arrangement package; or
       ``(G) whether the flight or flights in question would or 
     would not have been canceled based on poor visibility of the 
     surface.
       ``(2) Commercial air tour operator.--The term `commercial 
     air tour operator' means any person who conducts a commercial 
     air tour.
       ``(3) Existing commercial air tour operator.--The term 
     `existing commercial air tour operator' means a commercial 
     air tour operator that was actively engaged in the business 
     of providing commercial air tours over a national park at any 
     time during the 12-month period ending on the date of 
     enactment of the Air Transportation Improvement Act.
       ``(4) New entrant commercial air tour operator.--The term 
     `new entrant commercial air tour operator' means a commercial 
     air tour operator that--
       ``(A) applies for operating authority as a commercial air 
     tour operator for a national park; and
       ``(B) has not engaged in the business of providing 
     commercial air tours over that national park or those tribal 
     lands in the 12-month period preceding the application.
       ``(5) Commercial air tour operations.--The term `commercial 
     air tour operations' means commercial air tour flight 
     operations conducted--
       ``(A) over a national park or within \1/2\ mile outside the 
     boundary of any national park;
       ``(B) below a minimum altitude, determined by the 
     Administrator in cooperation with the Director, above ground 
     level (except solely for purposes of takeoff or landing, or 
     necessary for safe operation of an aircraft as determined 
     under the rules and regulations of the Federal Aviation 
     Administration requiring the pilot-in-command to take action 
     to ensure the safe operation of the aircraft); and
       ``(C) less than 1 mile laterally from any geographic 
     feature within the park (unless more than \1/2\ mile outside 
     the boundary).
       ``(6) National park.--The term `national park' means any 
     unit of the National Park System.
       ``(7) Tribal lands.--The term `tribal lands' means `Indian 
     country', as defined by section 1151 of title 18, United 
     States Code, that is within or abutting a national park.
       ``(8) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(9) Director.--The term `Director' means the Director of 
     the National Park Service.''.
       (b) Exemptions and Special Rules.--
       (1) Grand canyon.--Section 40126 of title 49, United States 
     Code, as added by subsection (a), does not apply to--
       (A) the Grand Canyon National Park; or
       (B) Indian country within or abutting the Grand Canyon 
     National Park.
       (2) Lake mead.--A commercial air tour of the Grand Canyon 
     that transits over or near the Lake Mead National Recreation 
     Area en route to, or returning from, the Grand Canyon, 
     without offering a deviation in flight path between its point 
     of origin and the Grand Canyon, shall be considered, for 
     purposes of paragraph (1), to be exclusively a commercial air 
     tour of the Grand Canyon.
       (3) Alaska.--The provisions of this title and section 40126 
     of title 49, United States Code, as added by subsection (a), 
     do not apply to any land or waters located in Alaska.
       (4) Compliance with other regulations.--For purposes of 
     section 40126 of title 49, United States Code--
       (A) regulations issued by the Secretary of Transportation 
     and the Administrator of the Federal Aviation Administration 
     under section 3 of Public Law 100-91 (16 U.S.C. 1a-1, note); 
     and
       (B) commercial air tour operations carried out in 
     compliance with the requirements of those regulations,
     shall be deemed to meet the requirements of such section 
     40126.
       (c) Clerical Amendment.--The table of sections for chapter 
     401 is amended by adding at the end thereof the following:

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

     SEC. 603. ADVISORY GROUP.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration and the Director of the National Park 
     Service shall jointly establish an advisory group to provide 
     continuing advice and counsel with respect to the operation 
     of commercial air tours over and near national parks.
       (b) Membership.--
       (1) In general.--The advisory group shall be composed of--
       (A) a balanced group of --
       (i) representatives of general aviation;
       (ii) representatives of commercial air tour operators;
       (iii) representatives of environmental concerns; and
       (iv) representatives of Indian tribes;
       (B) a representative of the Federal Aviation 
     Administration; and
       (C) a representative of the National Park Service.
       (2) Ex-officio members.--The Administrator and the Director 
     shall serve as ex-officio members.
       (3) Chairperson.--The representative of the Federal 
     Aviation Administration and the representative of the 
     National Park Service shall serve alternating 1-year terms as 
     chairman of the advisory group, with the representative of 
     the Federal Aviation Administration serving initially until 
     the end of the calendar year following the year in which the 
     advisory group is first appointed.
       (c) Duties.--The advisory group shall provide advice, 
     information, and recommendations to the Administrator and the 
     Director--
       (1) on the implementation of this title;
       (2) on the designation of appropriate and feasible quiet 
     aircraft technology standards for quiet aircraft technologies 
     under development for commercial purposes, which will receive 
     preferential treatment in a given air tour management plan;
       (3) on other measures that might be taken to accommodate 
     the interests of visitors to national parks; and
       (4) on such other national park or tribal lands-related 
     safety, environmental, and air touring issues as the 
     Administrator and the Director may request.
       (d) Compensation; Support; FACA.--
       (1) Compensation and travel.--Members of the advisory group 
     who are not officers or employees of the United States, while 
     attending conferences or meetings of the group

[[Page S11979]]

     or otherwise engaged in its business, or while serving away 
     from their homes or regular places of business, each member 
     may be allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code, for persons in the Government service employed 
     intermittently.
       (2) Administrative support.--The Federal Aviation 
     Administration and the National Park Service shall jointly 
     furnish to the advisory group clerical and other assistance.
       (3) Nonapplication of faca.--Section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App.) does not apply to the 
     advisory group.
       (e) Report.--The Administrator and the Director shall 
     jointly report to the Congress within 24 months after the 
     date of enactment of this Act on the success of this title in 
     providing incentives for quiet aircraft technology.

     SEC. 604. OVERFLIGHT FEE REPORT.

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

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

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

               TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

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

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

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

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

         TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

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

       Effective October 1, 2000, there are transferred to the 
     Federal Aviation Administration and vested in the 
     Administrator of the Federal Aviation Administration the 
     functions, powers, and duties of the Secretary of Commerce 
     and other officers of the Department of Commerce that relate 
     to the Office of Aeronautical Charting and Cartography and 
     are set forth in section 44721 of title 49, United States 
     Code.

     SEC. 802. TRANSFER OF OFFICE, PERSONNEL AND FUNDS.

       (a) Effective October 1, 2000 the Office of Aeronautical 
     Charting and Cartography of the National Oceanic and 
     Atmospheric Administration, Department of Commerce, is 
     transferred to the Federal Aviation Administration.
       (b) Effective October 1, 2000 the personnel employed in 
     connection with, and the assets, liabilities, contracts, 
     property, equipment, facilities, records, and unexpended 
     balance of appropriations, and other funds employed, held, 
     used, arising from, available to, or to be made available in 
     connection with the function and offices, or portions of 
     offices, transferred by this Act, including all Senior 
     Executive Service positions, subject to section 1531 of title 
     31, United States Code, are transferred to the Administrator 
     of the Federal Aviation Administration for appropriate 
     allocation. Personnel employed in connection with functions 
     transferred by this Act transfer under any applicable law and 
     regulation relating to transfer of functions. Unexpended 
     funds transferred under this section shall be used only for 
     the purposes for which the funds were originally authorized 
     and appropriated, except that funds may be used for expenses 
     associated with the transfer authorized by this Act.

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

       (a) In General.--Section 44721 is amended to read as 
     follows:

     ``Sec.  44721. Aeronautical charts and related products and 
       services

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration is invested with and shall exercise, 
     effective October 1, 2000 the functions, powers, and duties 
     of the Secretary of Commerce and other officers of the 
     Department of Commerce that relate to the Office of 
     Aeronautical Charting and Cartography to provide aeronautical 
     charts and related products and services for the safe and 
     efficient navigation of air commerce, under the following 
     authorities:
       ``(1) Sections 1 through 9 of the Act entitled ``An Act to 
     define the functions and duties of the Coast and Geodetic 
     Survey, and for other purposes'', approved August 6, 1947, 
     (33 U.S.C. 883a-883h).
       ``(2) Section 6082 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (33 U.S.C. 883j).
       ``(3) Section 1307 of title 44, United States Code.
       ``(4) The provision of title II of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1995 under the heading `National 
     Oceanic and Atmospheric Administration' relating to 
     aeronautical charts (44 U.S.C. 1307 nt).
       ``(b) Authority to Conduct Surveys.--To provide 
     aeronautical charts and related products and services for the 
     safe and efficient navigation of air commerce, and to provide 
     basic data for engineering and scientific purposes and for 
     other commercial and industrial needs, the Administrator is 
     authorized to conduct the following activities:
       ``(1) Aerial and field surveys for aeronautical charts.
       ``(2) Other airborne and field surveys when in the best 
     interest of the United States Government.
       ``(3) Acquiring, owning, operating, maintaining and 
     staffing aircraft in support of surveys.
       ``(c) Additional Authority.--In order that full public 
     benefit may be derived from the dissemination of data 
     resulting from activities under this section and of related 
     data from other sources, the Administrator is authorized to 
     conduct the following activities:
       ``(1) Developing, processing, disseminating and publishing 
     of digital and analog data, information, compilations, and 
     reports.
       ``(2) Compiling, printing, and disseminating aeronautical 
     charts and related products and services of the United 
     States, its Territories, and possessions.
       ``(3) Compiling, printing and disseminating aeronautical 
     charts and related products and services covering 
     international airspace as are required primarily by United 
     States civil aviation.
       ``(4) Compiling, printing and disseminating non-
     aeronautical navigational, transportation or public-safety-
     related products and services when in the best interests of 
     the United States Government.
       ``(d) Contract, Cooperative Agreements, Grants, and Other 
     Agreements.--
       ``(1) The Administrator is authorized to contract with 
     qualified organizations for the performance of any part of 
     the authorized functions of the Office of Aeronautical 
     Charting and Cartography when the Administrator deems such 
     procedure to be in the public interest and will not 
     compromise public safety.
       ``(2) The Administrator is authorized to enter into 
     cooperative agreements, grants, reimbursable agreements, 
     memoranda of understanding and other agreements, with a 
     State, subdivision of a State, Federal agency, public or 
     private organization, or individual, to carry out the 
     purposes of this section.
       ``(e) Special Services and Products.--
       ``(1) The Administrator is authorized, at the request of a 
     State, subdivision of a State, Federal agency, public or 
     private organization, or individual, to conduct special 
     services, including making special studies, or developing 
     special publications or products on matters relating to 
     navigation, transportation, or public safety.
       ``(2) The Administrator shall assess a fee for any special 
     service provided under paragraph (1). A fee shall be not more 
     than the actual or estimated full cost of the service. A fee 
     may be reduced or waived for research organizations, 
     educational organizations, or non-profit organizations, when 
     the Administrator determines that reduction or waiver of the 
     fee is in the best interest of the United States Government 
     by furthering public safety.
       ``(f) Sale and Dissemination of Aeronautical Products.--
       ``(1) Aeronautical products created or maintained under the 
     authority of this section shall be sold at prices established 
     annually by the Administrator consistent with the following:
       ``(A) Subject to subparagraph (B), the price of an 
     aeronautical product sold to the public shall be not more 
     than necessary to recover all costs attributable to (i) data 
     base management and processing; (ii) compilation; (iii) 
     printing or other types of reproduction; and (iv) 
     dissemination of the product.
       ``(B) The Administrator shall adjust the price of an 
     aeronautical product and service sold to the public as 
     necessary to avoid any adverse impact on aviation safety 
     attributable to the price specified under this paragraph.
       ``(C) A price established under this paragraph may not 
     include costs attributable to the acquisition of aeronautical 
     data.
       ``(2) The Administrator shall publish annually the prices 
     at which aeronautical products are sold to the public.
       ``(3) The Administrator may distribute aeronautical 
     products and provide aeronautical services--
        ``(A) without charge to each foreign government or 
     international organization with which the Administrator or a 
     Federal agency

[[Page S11980]]

     has an agreement for exchange of these products or services 
     without cost;
        ``(B) at prices the Administrator establishes, to the 
     departments and officers of the United States requiring them 
     for official use; and
        ``(C) at reduced or no charge where, in the judgment of 
     the Administrator, furnishing the aeronautical product or 
     service to a recipient is a reasonable exchange for voluntary 
     contribution of information by the recipient to the 
     activities under this section.
       ``(4) The fees provided for in this subsection are for the 
     purpose of reimbursing the United States Government for the 
     costs of creating, printing and disseminating aeronautical 
     products and services under this section. The collection of 
     fees authorized by this section does not alter or expand any 
     duty or liability of the Government under existing law for 
     the performance of functions for which fees are collected, 
     nor does the collection of fees constitute an express or 
     implied undertaking by the Government to perform any activity 
     in a certain manner.''.
       (b) Conforming Amendment.--The chapter analysis of chapter 
     447 is amended by adding at the end thereof the following:

       ``44721. Aeronautical charts and related products and 
           services.''.

     SEC. 804. SAVINGS PROVISION.

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

     SEC. 805. NATIONAL OCEAN SURVEY.

       (a) Section 1 of the Act entitled ``An Act to define the 
     functions and duties of the Coast and Geodetic Survey, and 
     for other purposes'', approved August 6, 1947, (33 U.S.C. 
     883a) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Hydrographic, topographic and other types of field 
     surveys;''; and
       (2) by striking paragraph (4) and redesignating paragraph 
     (5) as paragraph (4).
       (b) Section 2 of that Act (33 U.S.C. 883b) is amended--
       (1) by striking paragraphs (3) and (5), and redesignating 
     paragraph (4) and (6) as paragraphs (3) and (4), 
     respectively;
       (2) by striking ``charts of the United States, its 
     Territories, and possessions;'' in paragraph (3), as 
     redesignated, and inserting ``charts;''; and
       (3) by striking ``publications for the United States, its 
     Territories, and possessions'' in paragraph (4), as 
     redesignated, and inserting ``publications.''.
       (c) Section 5(1) of that Act (33 U.S.C. 883e(1)) is amended 
     by striking ``cooperative agreements'' and inserting 
     ``cooperative agreements, or any other agreements,''.

     SEC. 806. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL 
                   PRODUCTS BY NOAA.

       (a) Section 1307 of title 44, United States Code, is 
     amended by striking ``and aeronautical'' and ``or 
     aeronautical'' each place they appear.
       (b) Section 1307(a)(2)(B) of title 44, United States Code, 
     is amended by striking ``aviation and''.
       (c) Section 1307(d) of title 44, United States Code, is 
     amended by striking ``aeronautical and''.

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