[Congressional Record Volume 146, Number 25 (Wednesday, March 8, 2000)]
[House]
[Pages H649-H704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND 
                    REFORM ACT FOR THE 21ST CENTURY

  Mr. SHUSTER submitted the following conference report and statement 
on the bill (H.R. 1000) to amend title 49, United States Code, to 
reauthorize programs of the Federal Aviation Administration, and for 
other purposes:

                  Conference Report (H. Rept. 106-513)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     1000), to amend title 49, United States Code, to reauthorize 
     programs of the Federal Aviation Administration, and for 
     other purposes, having met, after full and free conference, 
     have agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Wendell H. 
     Ford Aviation Investment and Reform Act for the 21st 
     Century''.
       (b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Definitions.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

                          Subtitle A--Funding

Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Passenger facility fees.
Sec. 106. Funding for aviation programs.
Sec. 107. Adjustment to AIP program funding.
Sec. 108. Reprogramming notification requirement.

                    Subtitle B--Airport Development

Sec. 121. Runway incursion prevention devices and emergency call boxes.
Sec. 122. Windshear detection equipment and adjustable lighting 
              extensions.
Sec. 123. Pavement maintenance.
Sec. 124. Enhanced vision technologies.
Sec. 125. Public notice before waiver with respect to land.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Inherently low-emission airport vehicle pilot program.
Sec. 134. Airport security program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.
Sec. 137. Intermodal connections.
Sec. 138. State block grant program.
Sec. 139. Design-build contracting.

                       Subtitle C--Miscellaneous

Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. Continuation of ILS inventory program.
Sec. 154. Aircraft noise primarily caused by military aircraft.
Sec. 155. Competition plans.
Sec. 156. Alaska rural aviation improvement.
Sec. 157. Use of recycled materials.
Sec. 158. Construction of runways.
Sec. 159. Notice of grants.
Sec. 160. Airfield pavement conditions.
Sec. 161. Report on efforts to implement capacity enhancements.
Sec. 162. Prioritization of discretionary projects.
Sec. 163. Continuation of reports.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

                     Subtitle A--Small Communities

Sec. 201. Policy for air service to rural areas.
Sec. 202. Waiver of local contribution.
Sec. 203. Improved air carrier service to airports not receiving 
              sufficient service.
Sec. 204. Preservation of essential air service at single carrier 
              dominated hub airports.
Sec. 205. Determination of distance from hub airport.
Sec. 206. Report on essential air service.
Sec. 207.  Marketing practices.

[[Page H650]]

Sec. 208. Definition of eligible place.
Sec. 209. Maintaining the integrity of the essential air service 
              program.
Sec. 210. Regional jet service for small communities.

                  Subtitle B--Airline Customer Service

Sec. 221. Consumer notification of E-ticket expiration dates.
Sec. 222. Increased penalty for violation of aviation consumer 
              protection laws.
Sec. 223. Funding of enforcement of airline consumer protections.
Sec. 224. Airline customer service reports.
Sec. 225. Increased financial responsibility for lost baggage.
Sec. 226. Comptroller General investigation.
Sec. 227. Airline service quality performance reports.
Sec. 228. National Commission To Ensure Consumer Information and Choice 
              in the Airline Industry.

                        Subtitle C--Competition

Sec. 231. Changes in, and phase-out of, slot rules.

                    TITLE III--FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.
Sec. 302. Air traffic control oversight.
Sec. 303. Chief Operating Officer.
Sec. 304. Pilot program to permit cost-sharing of air traffic 
              modernization projects.
Sec. 305. Clarification of regulatory approval process.
Sec. 306. Failure to meet rulemaking deadline.
Sec. 307. FAA personnel and acquisition management systems.
Sec. 308. Right to contest adverse personnel actions.
Sec. 309. Independent study of FAA costs and allocations.
Sec. 310. Environmental review of airport improvement projects.
Sec. 311. Cost allocation system.
Sec. 312. Report on modernization of oceanic ATC system.

                      TITLE IV--FAMILY ASSISTANCE

Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Death on the high seas.

                            TITLE V--SAFETY

Sec. 501. Airplane emergency locators.
Sec. 502. Cargo collision avoidance systems deadlines.
Sec. 503. Landfills interfering with air commerce.
Sec. 504. Life-limited aircraft parts.
Sec. 505. Counterfeit aircraft parts.
Sec. 506. Prevention of frauds involving aircraft or space vehicle 
              parts in interstate or foreign air commerce.
Sec. 507. Transporting of hazardous material.
Sec. 508. Employment investigations and restrictions.
Sec. 509. Criminal penalty for pilots operating in air transportation 
              without an airman's certificate.
Sec. 510. Flight operations quality assurance rules.
Sec. 511. Penalties for unruly passengers.
Sec. 512. Deputizing of State and local law enforcement officers.
Sec. 513. Air transportation oversight system.
Sec. 514. Runway safety areas.
Sec. 515. Precision approach path indicators.
Sec. 516. Aircraft dispatchers.
Sec. 517. Improved training for airframe and powerplant mechanics.
Sec. 518. Small airport certification.
Sec. 519. Protection of employees providing air safety information.
Sec. 520. Occupational injuries of airport workers.

          TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 601. Transfer of functions, powers, and duties.
Sec. 602. Transfer of office, personnel and funds.
Sec. 603. Amendment of title 49, United States Code.
Sec. 604. Savings provision.
Sec. 605. National ocean survey.
Sec. 606. Sale and distribution of nautical and aeronautical products 
              by NOAA.
Sec. 607. Procurement of private enterprise mapping, charting, and 
              geographic information systems.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Duties and powers of Administrator.
Sec. 702. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. FAA evaluation of long-term capital leasing.
Sec. 705. Severable services contracts for periods crossing fiscal 
              years.
Sec. 706. Prohibitions on discrimination.
Sec. 707. Discrimination against handicapped individuals.
Sec. 708. Prohibitions against smoking on scheduled flights.
Sec. 709. Joint venture agreement.
Sec. 710. Reports by carriers on incidents involving animals during air 
              transport.
Sec. 711. Extension of war risk insurance program.
Sec. 712. General facilities and personnel authority.
Sec. 713. Human factors program.
Sec. 714. Implementation of Article 83 bis of the Chicago Convention.
Sec. 715. Public availability of airmen records.
Sec. 716. Review process for emergency orders.
Sec. 717. Government and industry consortia.
Sec. 718. Passenger manifest.
Sec. 719. Cost recovery for foreign aviation services.
Sec. 720. Technical corrections to civil penalty provisions.
Sec. 721. Waiver under Airport Noise and Capacity Act.
Sec. 722. Land use compliance report.
Sec. 723. Charter airlines.
Sec. 724. Credit for emergency services provided.
Sec. 725. Passenger cabin air quality.
Sec. 726. Standards for aircraft and aircraft engines to reduce noise 
              levels.
Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration 
              project.
Sec. 728. Automated surface observation system stations.
Sec. 729. Aircraft situational display data.
Sec. 730. Elimination of backlog of equal employment opportunity 
              complaints.
Sec. 731. Grant of easement, Los Angeles, California.
Sec. 732. Regulation of Alaska guide pilots.
Sec. 733. National Transportation Data Center of Excellence.
Sec. 734. Aircraft repair and maintenance advisory panel.
Sec. 735. Operations of air taxi industry.
Sec. 736. National airspace redesign.
Sec. 737. Compliance with requirements.
Sec. 738. FAA consideration of certain State proposals.
Sec. 739. Cincinnati-Municipal Blue Ash Airport.
Sec. 740. Authority to sell aircraft and aircraft parts for use in 
              responding to oil spills.
Sec. 741. Discriminatory practices by computer reservations systems 
              outside the United States.
Sec. 742. Specialty metals consortium.
Sec. 743. Alkali silica reactivity distress.
Sec. 744. Rolling stock equipment.
Sec. 745. General Accounting Office airport noise study.
Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona.
Sec. 747. Nonmilitary helicopter noise.
Sec. 748. Newport News, Virginia.
Sec. 749. Authority to waive terms of deed of conveyance, Yavapai 
              County, Arizona.
Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, 
              Arizona.
Sec. 751. Conveyance of airport property to an institution of higher 
              education in Oklahoma.
Sec. 752. Former airfield lands, Grant Parish, Louisiana.
Sec. 753. Raleigh County, West Virginia, Memorial Airport.
Sec. 754. Iditarod area school district.
Sec. 755. Alternative power sources for flight data recorders and 
              cockpit voice recorders.
Sec. 756. Terminal automated radar display and information system.
Sec. 757. Streamlining seat and restraint system certification process 
              and dynamic testing requirements.
Sec. 758. Expressing the sense of the Senate concerning air traffic 
              over northern Delaware.
Sec. 759. Post Free Flight Phase I activities.
Sec. 760. Sense of Congress regarding protecting the frequency spectrum 
              used for aviation communication.
Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, 
              Alaska.
Sec. 762. Bilateral relationship.

             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Air tour management plans for national parks.
Sec. 804. Quiet aircraft technology for Grand Canyon.
Sec. 805. Advisory group.
Sec. 806. Prohibition of commercial air tour operations over the Rocky 
              Mountain National Park.
Sec. 807. Reports.
Sec. 808. Methodologies used to assess air tour noise.
Sec. 809. Alaska exemption.

   TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

Sec. 901. Authorization of appropriations.
Sec. 902. Integrated national aviation research plan.
Sec. 903. Internet availability of information.
Sec. 904. Research on nonstructural aircraft systems.
Sec. 905. Research program to improve airfield pavements.
Sec. 906. Evaluation of research funding techniques.

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

Sec. 1001. Extension of expenditure authority.

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

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

     SEC. 3. APPLICABILITY.

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

     SEC. 4. DEFINITIONS.

       Except as otherwise provided in this Act, the following 
     definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.

[[Page H651]]

       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
                TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
                          Subtitle A--Funding

     SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

       (a) Authorization of Appropriations.--Section 48103 is 
     amended by striking ``shall be'' the last place it appears 
     and all that follows and inserting the following: ``shall 
     be--
       ``(1) $2,410,000,000 for fiscal year 1999;
       ``(2) $2,475,000,000 for fiscal year 2000;
       ``(3) $3,200,000,000 for fiscal year 2001;
       ``(4) $3,300,000,000 for fiscal year 2002; and
       ``(5) $3,400,000,000 for fiscal year 2003.
     Such sums shall remain available until expended.''.
       (b) Obligational Authority.--Section 47104(c) is amended by 
     striking ``After'' and all that follows through ``1999,'' and 
     inserting ``After September 30, 2003,''.
       (c) Reimbursement.--Upon enactment of this Act, amounts for 
     administration funded by the appropriation for ``Federal 
     Aviation Administration, Operations'', pursuant to the third 
     proviso under the heading ``Grants-in-Aid for Airports 
     (Liquidation of Contract Authorization) (Airport and Airway 
     Trust Fund)'' in the Department of Transportation and Related 
     Agencies Appropriations Act, 2000, may be reimbursed from 
     funds limited under such heading.

     SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

       (a) General Authorization and Appropriations.--Section 
     48101(a) is amended by striking paragraphs (1), (2), and (3) 
     and inserting the following:
       ``(1) $2,131,000,000 for fiscal year 1999.
       ``(2) $2,689,000,000 for fiscal year 2000.
       ``(3) $2,656,765,000 for fiscal year 2001.
       ``(4) $2,914,000,000 for fiscal year 2002.
       ``(5) $2,981,022,000 for fiscal year 2003.''.
       (b) Universal Access Systems.--Section 48101 is amended by 
     adding at the end the following:
       ``(d) Universal Access Systems.--Of the amounts 
     appropriated under subsection (a) for fiscal year 2001, 
     $8,000,000 may be used for the voluntary purchase and 
     installation of universal access systems.''.
       (c) Alaska National Air Space Communications System.--
     Section 48101 is further amended by adding at the end the 
     following:
       ``(e) Alaska National Air Space Communications System.--Of 
     the amounts appropriated under subsection (a) for fiscal year 
     2001, $7,200,000 may be used by the Administrator of the 
     Federal Aviation Administration for the Alaska National Air 
     Space Interfacility Communications System if the 
     Administrator issues a report supporting the use of such 
     funds for the System.''.
       (d) Automated Surface Observation System/Automated Weather 
     Observing System Upgrade.--Section 48101 is further amended 
     by adding at the end the following:
       ``(f) Automated Surface Observation System/Automated 
     Weather Observing System Upgrade.--Of the amounts 
     appropriated under subsection (a) for fiscal years beginning 
     after September 30, 2000, such sums as may be necessary for 
     the implementation and use of upgrades to the current 
     automated surface observation system/automated weather 
     observing system, if the upgrade is successfully 
     demonstrated.''.
       (e) Life-Cycle Cost Estimates.--Section 48101 is further 
     amended by adding at the end the following:
       ``(g) 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. FAA OPERATIONS.

       (a) In General.--Section 106(k) is amended to read as 
     follows:
       ``(k) Authorization of Appropriations for Operations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Secretary of Transportation for operations of the 
     Administration--
       ``(A) such sums as may be necessary for fiscal year 2000;
       ``(B) $6,592,235,000 for fiscal year 2001;
       ``(C) $6,886,000,000 for fiscal year 2002; and
       ``(D) $7,357,000,000 for fiscal year 2003.
     Such sums shall remain available until expended.
       ``(2) Authorized expenditures.--Out of amounts appropriated 
     under paragraph (1), the following expenditures are 
     authorized:
       ``(A) $450,000 for each of fiscal years 2000 through 2003 
     for wildlife hazard mitigation measures and management of the 
     wildlife strike database of the Federal Aviation 
     Administration.
       ``(B) $9,100,000 for the 3-fiscal-year period beginning 
     with fiscal year 2001 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, 
     except that funds under this subparagraph--
       ``(i) may not be used for the construction of a building or 
     other facility; and
       ``(ii) may only be awarded on the basis of open 
     competition.
       ``(C) Such sums as may be necessary for fiscal years 2000 
     through 2003 to support infrastructure systems development 
     for both general aviation and the vertical flight industry.
       ``(D) Such sums as may be necessary for fiscal years 2000 
     through 2003 to establish helicopter approach procedures 
     using current technologies (such as the Global Positioning 
     System) to support all-weather, emergency medical service for 
     trauma patients.
       ``(E) Such sums as may be necessary for fiscal years 2000 
     through 2003 to revise existing terminal and en route 
     procedures and instrument flight rules to facilitate the 
     takeoff, flight, and landing of tiltrotor aircraft and to 
     improve the national airspace system by separating such 
     aircraft from congested flight paths of fixed-wing aircraft.
       ``(F) $3,300,000 for fiscal year 2000 and $3,000,000 for 
     each of fiscal years 2001 through 2003 to implement the 1998 
     airport surface operations safety action plan of the Federal 
     Aviation Administration.
       ``(G) $9,100,000 for fiscal year 2001 to support air safety 
     efforts through payment of United States membership 
     obligations in the International Civil Aviation Organization, 
     to be paid as soon as practicable.
       ``(H) Such sums as may be necessary for fiscal years 2000 
     through 2003 for the Secretary to hire additional inspectors 
     in order to enhance air cargo security programs.
       ``(I) Such sums as may be necessary for fiscal years 2000 
     through 2003 to develop and improve training programs 
     (including model training programs and curriculum) for 
     security screening personnel at airports that will be used by 
     airlines to meet regulatory requirements relating to the 
     training and testing of such personnel.''.
       (b) Office of Airline Information.--There is authorized to 
     be appropriated from the Airport and Airway Trust Fund to the 
     Secretary $4,000,000 for fiscal years beginning after 
     September 30, 2000, to fund the activities of the Office of 
     Airline Information in the Bureau of Transportation 
     Statistics of the Department of Transportation.

     SEC. 104. AIP FORMULA CHANGES.

       (a) Amounts Apportioned to Sponsors.--
       (1) Amounts to be apportioned.--Section 47114(c)(1) is 
     amended--
       (A) in subparagraph (B) by striking ``$500,000'' and 
     inserting ``$650,000''; and
       (B) by adding at the end the following:
       ``(C) Special rule.--In any fiscal year in which the total 
     amount made available under section 48103 is $3,200,000,000 
     or more--
       ``(i) the amount to be apportioned to a sponsor under 
     subparagraph (A) shall be increased by doubling the amount 
     that would otherwise be apportioned;
       ``(ii) the minimum apportionment to a sponsor under 
     subparagraph (B) shall be $1,000,000 rather than $650,000; 
     and
       ``(iii) the maximum apportionment to a sponsor under 
     subparagraph (B) shall be $26,000,000 rather than 
     $22,000,000.
       ``(D) New airports.--Notwithstanding subparagraph (A), the 
     Secretary shall apportion on the first day of the first 
     fiscal year following the official opening of a new airport 
     with scheduled passenger air transportation an amount equal 
     to the minimum amount set forth in subparagraph (B) or (C), 
     as appropriate, to the sponsor of such airport.
       ``(E) Use of previous fiscal year's apportionment.--
     Notwithstanding subparagraph (A), the Secretary may 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.''.
       (2) Conforming amendments.--Section 47114(c)(1) is 
     amended--
       (A) by striking ``(1)(A) The Secretary'' and inserting the 
     following:
       ``(1) Primary airports.--
       ``(A) Apportionment.--The Secretary'';
       (B) in subparagraph (B) by striking ``(B) Not less'' and 
     inserting the following:
       ``(B) Minimum and maximum apportionments.--Not less''; and
       (C) by aligning the left margin of subparagraph (A) 
     (including clauses (i) through (v)) and subparagraph (B) with 
     subparagraphs (C) and (D) (as added by paragraph (1)(B) of 
     this subsection).
       (b) Cargo Only Airports.--Section 47114(c)(2) is amended--
       (1) in subparagraph (A) by striking ``2.5 percent'' and 
     inserting ``3 percent''; and
       (2) in subparagraph (C) by striking ``Not more than'' and 
     inserting ``In any fiscal year in which the total amount made 
     available under section 48103 is less than $3,200,000,000, 
     not more than''.
       (c) Entitlement for General Aviation Airports.--Section 
     47114(d) is amended to read as follows:
       ``(d) Amounts Apportioned for General Aviation Airports.--
       ``(1) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Area.--The term `area' includes land and water.
       ``(B) Population.--The term `population' means the 
     population stated in the latest decennial census of the 
     United States.
       ``(2) Apportionment.--Except as provided in paragraph (3), 
     the Secretary shall apportion to the States 18.5 percent of 
     the amount subject to apportionment for each fiscal year as 
     follows:
       ``(A) 0.66 percent of the apportioned amount to Guam, 
     American Samoa, the Northern Mariana Islands, and the Virgin 
     Islands.
       ``(B) Except as provided in paragraph (4), 49.67 percent of 
     the apportioned amount for airports, excluding primary 
     airports but including reliever and nonprimary commercial 
     service airports, in States not named in subparagraph (A) in 
     the proportion that the population of each of those States 
     bears to the total population of all of those States.

[[Page H652]]

       ``(C) Except as provided in paragraph (4), 49.67 percent of 
     the apportioned amount for airports, excluding primary 
     airports but including reliever and nonprimary commercial 
     service airports, in States not named in subparagraph (A) in 
     the proportion that the area of each of those States bears to 
     the total area of all of those States.
       ``(3) Special rule.--In any fiscal year in which the total 
     amount made available under section 48103 is $3,200,000,000 
     or more, rather than making an apportionment under paragraph 
     (2), the Secretary shall apportion 20 percent of the amount 
     subject to apportionment for each fiscal year as follows:
       ``(A) To each airport, excluding primary airports but 
     including reliever and nonprimary commercial service 
     airports, in States the lesser of--
       ``(i) $150,000; or
       ``(ii) \1/5\ of the most recently published estimate of the 
     5-year costs for airport improvement for the airport, as 
     listed in the national plan of integrated airport systems 
     developed by the Federal Aviation Administration under 
     section 47103.
       ``(B) Any remaining amount to States as follows:
       ``(i) 0.62 percent of the remaining amount to Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and the Virgin Islands.
       ``(ii) Except as provided in paragraph (4), 49.69 percent 
     of the remaining amount for airports, excluding primary 
     airports but including reliever and nonprimary commercial 
     service airports, in States not named in clause (i) in the 
     proportion that the population of each of those States bears 
     to the total population of all of those States.
       ``(iii) Except as provided in paragraph (4), 49.69 percent 
     of the remaining amount for airports, excluding primary 
     airports but including reliever and nonprimary commercial 
     service airports, in States not named in clause (i) in the 
     proportion that the area of each of those States bears to the 
     total area of all of those States.
       ``(4) Airports in alaska, puerto rico, and hawaii.--An 
     amount apportioned under paragraph (2) or (3) to Alaska, 
     Puerto Rico, or Hawaii for airports in such State may be made 
     available by the Secretary for any public airport in those 
     respective jurisdictions.
       ``(5) Use of state highway specifications.--
       ``(A) In general.--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--
       ``(i) safety will not be negatively affected; and
       ``(ii) the life of the pavement will not be shorter than it 
     would be if constructed using Administration standards.
       ``(B) Limitation.--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 unless the Secretary determines that the 
     rehabilitation or reconstruction is required for safety 
     reasons.
       ``(6) Integrated airport system planning.--Notwithstanding 
     any other provision of this subsection, funds made available 
     under this subsection may be used for integrated airport 
     system planning that encompasses one or more primary 
     airports.''.
       (d) Supplemental Apportionment for Alaska.--Section 
     47114(e) is amended--
       (1) in the subsection heading by striking ``Alternative'' 
     and inserting ``Supplemental'';
       (2) in paragraph (1)--
       (A) by striking ``Instead of apportioning amounts for 
     airports in Alaska under'' and inserting ``In general.--
     Notwithstanding''; and
       (B) by striking ``those airports'' and inserting ``airports 
     in Alaska'';
       (3) in paragraph (2) by inserting ``Authority for 
     discretionary grants.--'' before ``This subsection'';
       (4) by striking paragraph (3) and inserting the following:
       ``(3) Airports eligible for funds.--An amount apportioned 
     under this subsection may be used for any public airport in 
     Alaska.
       ``(4) Special rule.--In any fiscal year in which the total 
     amount made available under section 48103 is $3,200,000,000 
     or more, the amount that may be apportioned for airports in 
     Alaska under paragraph (1) shall be increased by doubling the 
     amount that would otherwise be apportioned.''; and
       (5) by indenting paragraph (1) and aligning paragraph (1) 
     (and its subparagraphs) and paragraph (2) with paragraphs (3) 
     and (4) (as added by paragraph (4) of this subsection).
       (e) Grants for Airport Noise Compatibility Planning.--
     Section 47117(e)(1)(A) is amended by striking ``31 percent'' 
     each place it appears and inserting ``34 percent''.
       (f) Grants for Reliever Airports.--Section 47117(e)(1) is 
     amended by adding at the end the following:
       ``(C) In any fiscal year in which the total amount made 
     available under section 48103 is $3,200,000,000 or more, at 
     least \2/3\ of 1 percent for grants to sponsors of reliever 
     airports which have--
       ``(i) more than 75,000 annual operations;
       ``(ii) a runway with a minimum usable landing distance of 
     5,000 feet;
       ``(iii) a precision instrument landing procedure;
       ``(iv) a minimum number of aircraft, to be determined by 
     the Secretary, based at the airport; and
       ``(v) been designated by the Secretary as a reliever 
     airport to an airport with 20,000 hours of annual delays in 
     commercial passenger aircraft takeoffs and landings.''.
       (g) Repeal of Apportionment Limitation on Commercial 
     Service Airports in Alaska.--Section 47117 is amended by 
     striking subsection (f) and by redesignating subsections (g) 
     and (h) as subsections (f) and (g), respectively.

     SEC. 105. PASSENGER FACILITY FEES.

       (a) Authority To Impose Higher Fee.--Section 40117(b) is 
     amended by adding at the end the following:
       ``(4) In lieu of authorizing a fee under paragraph (1), the 
     Secretary may authorize under this section an eligible agency 
     to impose a passenger facility fee of $4.00 or $4.50 on each 
     paying passenger of an air carrier or foreign air carrier 
     boarding an aircraft at an airport the agency controls to 
     finance an eligible airport-related project, including making 
     payments for debt service on indebtedness incurred to carry 
     out the project, if the Secretary finds--
       ``(A) in the case of an airport that has more than .25 
     percent of the total number of annual boardings in the United 
     States, that the project will make a significant contribution 
     to improving air safety and security, increasing competition 
     among air carriers, reducing current or anticipated 
     congestion, or reducing the impact of aviation noise on 
     people living near the airport; and
       ``(B) that the project cannot be paid for from funds 
     reasonably expected to be available for the programs referred 
     to in section 48103.''.
       (b) Limitation on Approval of Certain Applications.--
     Section 40117(d) is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) in the case of an application to impose a fee of more 
     than $3.00 for an eligible surface transportation or terminal 
     project, the agency has made adequate provision for financing 
     the airside needs of the airport, including runways, 
     taxiways, aprons, and aircraft gates.''.
       (c) Reducing Apportionments.--Section 47114(f) is amended--
       (1) by striking ``An amount'' and inserting ``(1) In 
     general.--Subject to paragraph (3), an amount'';
       (2) by striking ``an amount equal to'' and all that follows 
     through the period at the end and inserting the following: 
     ``an amount equal to--
       ``(A) in the case of a fee of $3.00 or less, 50 percent of 
     the projected revenues from the fee in the fiscal year but 
     not by more than 50 percent of the amount that otherwise 
     would be apportioned under this section; and
       ``(B) in the case of a fee of more than $3.00, 75 percent 
     of the projected revenues from the fee in the fiscal year but 
     not by more than 75 percent of the amount that otherwise 
     would be apportioned under this section.'';
       (3) by adding at the end the following:
       ``(2) Effective date of reduction.--A reduction in an 
     apportionment required by paragraph (1) shall not take effect 
     until the first fiscal year following the year in which the 
     collection of the fee imposed under section 40117 is begun.
       ``(3) Special rule for transitioning airorts.--
       ``(A) In general.--Beginning with the fiscal year following 
     the first calendar year in which the sponsor of an airport 
     has more than .25 percent of the total number of boardings 
     in the United States, the sum of the amount that would be 
     apportioned under this section after application of 
     paragraph (1) in a fiscal year to such sponsor and the 
     projected revenues to be derived from the fee in such 
     fiscal year shall not be less than the sum of the 
     apportionment to such airport for the preceding fiscal 
     year and the revenues derived from such fee in the 
     preceding fiscal year.
       ``(B) Effective period.--Subparagraph (A) shall be in 
     effect for fiscal years 2000 through 2003.''; and
       (4) by aligning paragraph (1) of such section (as 
     designated by paragraph (1) of this section) with paragraph 
     (2) of such section (as added by paragraph (3) of this 
     section).

     SEC. 106. FUNDING FOR AVIATION PROGRAMS.

       (a) Authorization of Appropriations.--
       (1) Airport and airway trust fund guarantee.--
       (A) In general.--The total budget resources made available 
     from the Airport and Airway Trust Fund each fiscal year 
     through fiscal year 2003 pursuant to sections 48101, 48102, 
     48103, and 106(k) of title 49, United States Code, shall be 
     equal to the level of receipts plus interest credited to the 
     Airport and Airway Trust Fund for that fiscal year. Such 
     amounts may be used only for aviation investment programs 
     listed in subsection (b).
       (B) Guarantee.--No funds may be appropriated or limited for 
     aviation investment programs listed in subsection (b) unless 
     the amount described in subparagraph (A) has been provided.
       (2) Additional authorizations of appropriations from the 
     general fund.--In any fiscal year through fiscal year 2003, 
     if the amount described in paragraph (1) is appropriated, 
     there is further authorized to be appropriated from the 
     general fund of the Treasury such sums as may be necessary 
     for the Federal Aviation Administration Operations account.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Total budget resources.--The term ``total budget 
     resources'' means the total amount made available from the 
     Airport and Airway Trust Fund for the sum of obligation 
     limitations and budget authority made available for a fiscal 
     year for the following budget accounts that are subject to 
     the obligation limitation on contract authority provided in 
     this Act and for which appropriations are provided pursuant 
     to authorizations contained in this Act:

[[Page H653]]

       (A) 69-8106-0-7-402 (Grants in Aid for Airports).
       (B) 69-8107-0-7-402 (Facilities and Equipment).
       (C) 69-8108-0-7-402 (Research and Development).
       (D) 69-8104-0-7-402 (Trust Fund Share of Operations).
       (2) Level of receipts plus interest.--The term ``level of 
     receipts plus interest'' means the level of excise taxes and 
     interest credited to the Airport and Airway Trust Fund under 
     section 9502 of the Internal Revenue Code of 1986 for a 
     fiscal year as set forth in the President's budget baseline 
     projection as defined in section 257 of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-177) 
     (Treasury identification code 20-8103-0-7-402) for that 
     fiscal year submitted pursuant to section 1105 of title 31, 
     United States Code.
       (c) Enforcement of Guarantees.--
       (1) Total airport and airway trust fund funding.--It shall 
     not be in order in the House of Representatives or the Senate 
     to consider any bill, joint resolution, amendment, motion, or 
     conference report that would cause total budget resources in 
     a fiscal year for aviation investment programs described in 
     subsection (b) to be less than the amount required by 
     subsection (a)(1)(A) for such fiscal year.
       (2) Capital priority.--It shall not be in order in the 
     House of Representatives or the Senate to consider any bill, 
     joint resolution, amendment, motion, or conference report 
     that provides an appropriation (or any amendment thereto) for 
     any fiscal year through fiscal year 2003 for Research and 
     Development or Operations if the sum of the obligation 
     limitation for Grants-in-Aid for Airports and the 
     appropriation for Facilities and Equipment for such fiscal 
     year is below the sum of the authorized levels for Grants-in-
     Aid for Airports and for Facilities and Equipment for such 
     fiscal year.
       (d) Conforming Amendment.--Section 48104 is amended--
       (1) by striking ``Except as provided in this section,'' in 
     subsection (a); and
       (2) by striking subsections (b) and (c).

     SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING.

       (a) In General.--Chapter 481 is amended by adding at the 
     end the following:

     ``Sec. 48112. Adjustment to AIP program funding

       ``On the effective date of a general appropriations Act 
     providing appropriations for a fiscal year beginning after 
     September 30, 2000, for the Federal Aviation Administration, 
     the amount made available for a fiscal year under section 
     48103 shall be increased by the amount, if any, by which--
       ``(1) the amount authorized to be appropriated under 
     section 48101 for such fiscal year; exceeds
       ``(2) the amounts appropriated for programs funded under 
     such section for such fiscal year.
     Any contract authority made available by this section shall 
     be subject to an obligation limitation.''.
       (b) Conforming Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:
``48112. Adjustment to AIP program funding.''.

     SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT.

       (a) In General.--Chapter 481 is further amended by adding 
     at the end the following:

     ``Sec. 48113. Reprogramming notification requirement

       ``Before reprogramming any amounts appropriated under 
     section 106(k), 48101(a), or 48103, for which notification of 
     the Committees on Appropriations of the Senate and the House 
     of Representatives is required, the Secretary of 
     Transportation shall transmit 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.''.
       (b) Conforming Amendment.--The analysis for chapter 481 is 
     amended by adding at the end the following:
``48113. Reprogramming notification requirement.''.
                    Subtitle B--Airport Development

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

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

     SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE 
                   LIGHTING EXTENSIONS.

       Section 47102(3)(B) is amended--
       (1) by striking ``and'' at the end of clause (v);
       (2) by striking the period at the end of clause (vi) and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(vii) windshear detection equipment that is certified by 
     the Administrator of the Federal Aviation Administration;
       ``(viii) stainless steel adjustable lighting extensions 
     approved by the Administrator; and''.

     SEC. 123. PAVEMENT MAINTENANCE.

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

     SEC. 124. ENHANCED VISION TECHNOLOGIES.

       (a) Study.--The Administrator shall enter into a 
     cooperative research and development agreement to study the 
     benefits of utilizing enhanced vision technologies to 
     replace, enhance, or add to conventional airport approach and 
     runway lighting systems.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a progress report on the work accomplished under the 
     cooperative agreements detailing the evaluations performed to 
     determine the potential of enhanced vision technology to meet 
     the operational requirements of the intended application.
       (c) Certification.--Not later than 180 days after the 
     conclusion of work under the research agreements, the 
     Administrator shall transmit to Congress a report on the 
     potential of enhanced vision technology to satisfy the 
     operational requirements of the Federal Aviation 
     Administration and a schedule for the development of 
     performance standards for certification appropriate to the 
     application of the enhanced vision technologies. If the 
     Administrator certifies an enhanced vision technology as 
     meeting such performance standards, the technology shall be 
     treated as a navigation aid or other aid for purposes of 
     section 47102(3)(B)(i) of title 49, United States Code.

     SEC. 125. PUBLIC NOTICE BEFORE WAIVER WITH RESPECT TO LAND.

       (a) Waiver of Grant Assurance.--Section 47107(h) is amended 
     to read as follows:
       ``(h) Modifying Assurances and Requiring Compliance With 
     Additional Assurances.--
       ``(1) In general.--Subject to paragraph (2), before 
     modifying an assurance required of a person receiving a grant 
     under this subchapter and in effect after December 29, 1987, 
     or to require compliance with an additional assurance from 
     the person, the Secretary of Transportation must--
       ``(A) publish notice of the proposed modification in the 
     Federal Register; and
       ``(B) provide an opportunity for comment on the proposal.
       ``(2) Public notice before waiver of aeronautical land-use 
     assurance.--Before modifying an assurance under subsection 
     (c)(2)(B) that requires any property to be used for an 
     aeronautical purpose, the Secretary must provide notice to 
     the public not less than 30 days before making such 
     modification.''.
       (b) Waiver of Condition on Conveyance of Land.--Section 
     47125(a) is amended by adding at the end the following: 
     ``Before waiving a condition that property be used for an 
     aeronautical purpose under the preceding sentence, the 
     Secretary must provide notice to the public not less than 30 
     days before waiving such condition.''.
       (c) Surplus Property.--Section 47151 is amended by adding 
     at the end the following:
       ``(d) Waiver of Condition.--Before the Secretary may waive 
     any condition imposed on an interest in surplus property 
     conveyed under subsection (a) that such interest be used for 
     an aeronautical purpose, the Secretary must provide notice to 
     the public not less than 30 days before waiving such 
     condition.''.
       (d) Waiver of Certain Term.--Section 47153 is amended by 
     adding at the end the following:
       ``(c) Public Notice Before Waiver.--Notwithstanding 
     subsections (a) and (b), before the Secretary may waive any 
     term imposed under this section that an interest in land be 
     used for an aeronautical purpose, the Secretary must provide 
     notice to the public not less than 30 days before waiving 
     such term.''.
       (e) Limitation.--Nothing in any amendment made by this 
     section shall be construed to authorize the Secretary to 
     issue a waiver or make a modification referred to in such 
     amendment.

     SEC. 126. MATCHING SHARE.

       Section 47109(a) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) not more than 90 percent for a project funded by a 
     grant issued to and administered by a State under section 
     47128, relating to the State block grant program;''.

     SEC. 127. LETTERS OF INTENT.

       Section 47110(e) is amended--
       (1) by striking paragraph (2)(C) and inserting the 
     following:
       ``(C) that meets the criteria of section 47115(d) and, if 
     for a project at a commercial service airport having at least 
     0.25 percent of the boardings each year at all such airports, 
     the Secretary decides will enhance system-wide airport 
     capacity significantly.''; and
       (2) by striking paragraph (5) and inserting the following:

[[Page H654]]

       ``(5) Letters of intent.--The Secretary may not require an 
     eligible agency to impose a passenger facility fee under 
     section 40117 in order to obtain a letter of intent under 
     this section.''.

     SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

       (a) Set-Aside for Meeting Safety Terms in Airport Operating 
     Certificates.--Section 47116 is amended by adding at the end 
     the following:
       ``(e) Set-Aside for Meeting Safety Terms in Airport 
     Operating Certificates.--In the first fiscal year beginning 
     after the effective date of regulations issued to carry out 
     section 44706(b) with respect to airports described in 
     section 44706(a)(2), and in each of the next 4 fiscal years, 
     the lesser of $15,000,000 or 20 percent of the amounts that 
     would otherwise be distributed to sponsors of airports under 
     subsection (b)(2) shall be used to assist the airports in 
     meeting the terms established by the regulations. If the 
     Secretary publishes in the Federal Register a finding that 
     all the terms established by the regulations have been met, 
     this subsection shall cease to be effective as of the date of 
     such publication.''.
       (b) Notification of Source of Grant.--Section 47116 is 
     further amended by adding at the end the following:
       ``(f) Notification of Source of Grant.--Whenever the 
     Secretary makes a grant under this section, the Secretary 
     shall notify the recipient of the grant, in writing, that the 
     source of the grant is from the small airport fund.''.
       (c) Technical Amendments.--Section 47116(d) is amended--
       (1) by striking ``In making'' and inserting the following:
       ``(1) Construction of new runways.--In making'';
       (2) by adding at the end the following:
       ``(2) Airport development for turbine powered aircraft.--In 
     making grants to sponsors described in subsection (b)(1), the 
     Secretary shall give priority consideration to airport 
     development projects to support operations by turbine powered 
     aircraft if the non-Federal share of the project is at least 
     40 percent.''; and
       (3) by aligning the remainder of paragraph (1) (as 
     designated by paragraph (1) of this subsection) with 
     paragraph (2) (as added by paragraph (2) of this subsection).

     SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.

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

     SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

       (a) In General.--Section 47118 is amended--
       (1) in subsection (a)--
       (A) by striking ``12'' and inserting ``15''; and
       (B) by striking paragraph (2) and inserting the following:
     ``(2) the airport is a military installation with both 
     military and civil aircraft operations.'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Considerations.--In carrying out this section, the 
     Secretary shall consider only current or former military 
     airports for designation under this section if a grant under 
     section 47117(e)(1)(B) would--
       ``(1) reduce delays at an airport with more than 20,000 
     hours of annual delays in commercial passenger aircraft 
     takeoffs and landings; or
       ``(2) enhance airport and air traffic control system 
     capacity in a metropolitan area or reduce current and 
     projected flight delays.'';
       (3) in subsection (d)--
       (A) by striking ``47117(e)(1)(E)'' and inserting 
     ``47117(e)(1)(B)'';
       (B) by striking ``5-fiscal-year periods'' and inserting 
     ``periods, each not to exceed 5 fiscal years,''; and
       (C) by striking ``each such subsequent 5-fiscal-year 
     period'' and inserting ``each such subsequent period''; and
       (4) by adding at the end the following:
       ``(g) Designation of General Aviation Airport.--
     Notwithstanding any other provision of this section, 1 of the 
     airports bearing a designation under subsection (a) may be a 
     general aviation airport that was a former military 
     installation closed or realigned under a section referred to 
     in subsection (a)(1).''.
       (b) Terminal Building Facilities.--Section 47118(e) is 
     amended by striking ``$5,000,000'' and inserting 
     ``$7,000,000''.
       (c) Eligibility of Air Cargo Terminals.--Section 47118(f) 
     is amended--
       (1) in subsection heading by striking ``and Hangars'' and 
     inserting ``Hangars, and Air Cargo Terminals'';
       (2) by striking ``$4,000,000'' and inserting 
     ``$7,000,000''; and
       (3) by inserting after ``hangars'' the following: ``and air 
     cargo terminals of an area that is 50,000 square feet or 
     less''.

     SEC. 131. CONTRACT TOWER COST-SHARING.

       Section 47124(b) is amended by adding at the end the 
     following:
       ``(3) Contract air traffic control tower pilot program.--
       ``(A) In general.--The Secretary shall establish a pilot 
     program to contract for air traffic control services at Level 
     I air traffic control towers, as defined by the Secretary, 
     that do not qualify for the contract tower program 
     established under subsection (a) and continued under 
     paragraph (1) (in this paragraph referred to as the `Contract 
     Tower Program').
       ``(B) Program components.--In carrying out the pilot 
     program, the Secretary 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 Secretary; and
       ``(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 1-to-1 benefit-to-cost 
     ratio using actual site-specific contract tower operating 
     costs in any case in which there is an operating air traffic 
     control tower, as required for eligibility under the Contract 
     Tower Program.
       ``(C) Priority.--In selecting facilities to participate in 
     the pilot program, the Secretary shall give priority to the 
     following facilities:
       ``(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 Secretary 
     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 Secretary 
     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 or 
     points at which an air carrier is receiving compensation 
     under the essential air service program under this chapter.
       ``(v) Air traffic control towers located at airports that 
     are prepared to assume partial responsibility for maintenance 
     costs.
       ``(vi) Air traffic control towers located at airports with 
     safety or operational problems related to topography, 
     weather, runway configuration, or mix of aircraft.
       ``(vii) Air traffic control towers located at an airport at 
     which the community has been operating the tower at its own 
     expense.
       ``(D) Costs exceeding benefits.--If the costs of operating 
     an air traffic tower under the pilot program exceed the 
     benefits, the airport sponsor or State or local government 
     having jurisdiction over the airport shall pay the portion of 
     the costs that exceed such benefit.
       ``(E) Funding.--Subject to paragraph (4)(D), of the amounts 
     appropriated pursuant to section 106(k), not more than 
     $6,000,000 per fiscal year may be used to carry out this 
     paragraph.
       ``(4) Construction of air traffic control towers.--
       ``(A) In general.--Notwithstanding any other provision of 
     this subchapter, the Secretary may provide grants under this 
     subchapter to not more than 2 airport sponsors for the 
     construction of a low-level activity visual flight rule 
     (level 1) air traffic control tower, as defined by the 
     Secretary.
       ``(B) Eligibility.--A sponsor shall be eligible for a grant 
     under this paragraph if--
       ``(i) the sponsor would otherwise be eligible to 
     participate in the pilot program established under paragraph 
     (3) except for the lack of the air traffic control tower 
     proposed to be constructed under this subsection; and
       ``(ii) the sponsor agrees to fund not less than 25 percent 
     of the costs of construction of the air traffic control 
     tower.
       ``(C) Project costs.--Grants under this paragraph shall be 
     paid only from amounts apportioned to the sponsor under 
     section 47114(c)(1).
       ``(D) Federal share.--The Federal share of the cost of 
     construction of an air traffic control tower under this 
     paragraph may not exceed $1,100,000.''.

     SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

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

[[Page H655]]

     ``Sec. 47135. Innovative financing techniques

       ``(a) In General.--The Secretary of Transportation may 
     approve applications for not more than 20 airport development 
     projects for which grants received under this subchapter may 
     be used for innovative financing techniques. Such projects 
     shall be located at airports that each year have less than 
     .25 percent of the total number of passenger boardings each 
     year at all commercial service airports in the most recent 
     calendar year for which data is available.
       ``(b) Purpose.--The purpose of grants made under this 
     section shall be to provide information on the benefits and 
     difficulties of using innovative financing techniques for 
     airport development projects.
       ``(c) Limitations.--
       ``(1) No guarantees.--In no case shall the implementation 
     of an innovative financing technique under this section be 
     used in a manner giving rise to a direct or indirect 
     guarantee of any airport debt instrument by the United States 
     Government.
       ``(2) Types of techniques.--In this section, innovative 
     financing techniques are limited to--
       ``(A) payment of interest;
       ``(B) commercial bond insurance and other credit 
     enhancement associated with airport bonds for eligible 
     airport development;
       ``(C) flexible non-Federal matching requirements; and
       ``(D) use of funds apportioned under section 47114 for the 
     payment of principal and interest of terminal development for 
     costs incurred before the date of enactment of this 
     section.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 471 is amended by adding at the end the following:
``47135. Innovative financing techniques.''.

     SEC. 133. 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. 47136. 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(2)).
       ``(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) Technical Assistance.--
       ``(1) In general.--The sponsor of a public-use airport 
     carrying out inherently low-emission vehicle activities under 
     the pilot program may use not more than 10 percent of the 
     amounts made available for expenditure at the airport in a 
     fiscal year under the pilot program to receive technical 
     assistance in carrying out such activities.
       ``(2) Eligible consortium.--To the maximum extent 
     practicable, participants in the pilot program shall use an 
     eligible consortium (as defined in section 5506 of this 
     title) in the region of the airport to receive technical 
     assistance described in paragraph (1).
       ``(g) Materials Identifying Best Practices.--The 
     Administrator may develop and make available materials 
     identifying best practices for carrying out low-emission 
     vehicle activities based on the projects carried out under 
     the pilot program and other sources.
       ``(h) Report to Congress.--Not later than 18 months after 
     the date of enactment of this section, the Secretary shall 
     transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report containing--
       ``(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
       ``(3) a description of the mechanisms used by the Secretary 
     to ensure that the information and know-how gained by 
     participants in the pilot program is transferred among the 
     participants and to other interested parties, including other 
     public-use airports.
       ``(i) 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 and 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 nonroad 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 such title 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 
     vehicles described in this subsection 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:

``47136. Inherently low-emission airport vehicle pilot program.''.

     SEC. 134. AIRPORT SECURITY PROGRAM.

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

     ``Sec. 47137. 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 shall be 100 percent.
       ``(d) Terms and Conditions.--The Secretary may establish 
     such terms and conditions as the Secretary determines 
     appropriate for carrying out a project under this section, 
     including terms and conditions relating to the form and 
     content of a proposal for a project, project assurances, and 
     schedule of payments.
       ``(e) Eligible Sponsor Defined.--In this section, the term 
     `eligible sponsor' means a nonprofit corporation composed of 
     a consortium of public and private persons, including a 
     sponsor of a primary airport, with the necessary engineering 
     and technical expertise to successfully conduct the testing 
     and evaluation of airport and aircraft related security 
     systems.
       ``(f) Authorization of Appropriations.--Of the amounts made 
     available to the Secretary under section 47115 in a fiscal 
     year, the Secretary shall make available not less than 
     $5,000,000 for the purpose of carrying out this section.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 471 is further amended by adding at the end the 
     following:

``47137. Airport security program.''.

     SEC. 135. TECHNICAL AMENDMENTS.

       (a) Passenger Facility Fee Waiver for Certain Class of 
     Carriers.--Section 40117(e)(2) is amended--
       (1) in subparagraph (B) by striking ``and'' at the end; and
       (2) by adding at the end the following:
       ``(D) on flights, including flight segments, between 2 or 
     more points in Hawaii; and
       ``(E) in Alaska aboard an aircraft having a seating 
     capacity of less than 60 passengers.''.
       (b) Passenger Facility Fee Waiver for Certain Class of 
     Carriers or for Service to Airports in Isolated 
     Communities.--Section 40117 is amended--
       (1) in subsection (i)(1) by striking ``and'' at the end;
       (2) in subsection (i)(2)(D) by striking the period at the 
     end and inserting ``; and'';
       (3) by adding at the end of subsection (i) the following:
       ``(3) may permit an eligible agency to request that 
     collection of a passenger facility fee be waived for--
       ``(A) passengers enplaned by any class of air carrier or 
     foreign air carrier if the number of passengers enplaned by 
     the carriers in the class constitutes not more than one 
     percent of the total number of passengers enplaned annually 
     at the airport at which the fee is imposed; or
       ``(B) passengers enplaned on a flight to an airport--
       ``(i) that has fewer than 2,500 passenger boardings each 
     year and receives scheduled passenger service; or
       ``(ii) in a community which has a population of less than 
     10,000 and is not connected by a land highway or vehicular 
     way to the land-connected National Highway System within a 
     State.''; and
       (4) by adding at the end the following:

[[Page H656]]

       ``(j) Limitation on Certain Actions.--A State, political 
     subdivision of a State, or authority of a State or political 
     subdivision that is not the eligible agency may not tax, 
     regulate, or prohibit or otherwise attempt to control in any 
     manner, the imposition or collection of a passenger facility 
     fee or the use of the revenue from the passenger facility 
     fee.''.
       (c) Continuation of Project Funding.--Section 47108 is 
     amended by adding at the end the following:
       ``(e) Change in Airport Status.--
       ``(1) Changes to nonprimary 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 at the funding level and under the terms 
     provided by the agreement, subject to the availability of 
     funds.
       ``(2) Changes to noncommercial service airport status.--If 
     the status of a commercial service airport changes to a 
     noncommercial service airport at a time when a terminal 
     development project under a phased-funding arrangement is not 
     yet completed, the project shall remain eligible for funding 
     from discretionary funds under section 47115 at the funding 
     level and under the terms provided by the arrangement subject 
     to the availability of funds.''.
       (d) References to Gifts.--Chapter 471 is amended--
       (1) in section 47151--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1) by striking 
     ``give'' and inserting ``convey to''; and
       (ii) in paragraph (2) by striking ``gift'' and inserting 
     ``conveyance'';
       (B) in subsection (b)--
       (i) by striking ``giving'' and inserting ``conveying''; and
       (ii) by striking ``gift'' and inserting ``conveyance''; and
       (C) in subsection (c)--
       (i) in the subsection heading by striking ``Given'' and 
     inserting ``Conveyed''; and
       (ii) by striking ``given'' and inserting ``conveyed'';
       (2) in section 47152--
       (A) in the section heading by striking ``gifts'' and 
     inserting ``conveyances''; and
       (B) in the matter preceding paragraph (1) by striking 
     ``gift'' and inserting ``conveyance'';
       (3) in section 47153(a)(1)--
       (A) by striking ``gift'' each place it appears and 
     inserting ``conveyance''; and
       (B) by striking ``given'' and inserting ``conveyed''; and
       (4) in the analysis for such chapter by striking the item 
     relating to section 47152 and inserting the following:

``47152. Terms of conveyances.''.

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

       Section 47151 (as amended by section 125(c) of this Act) is 
     further amended by adding at the end the following:
       ``(e) Requests by Public Agencies.--Except with respect to 
     a request made by another department, agency, or 
     instrumentality of the executive branch of the United States 
     Government, such a department, agency, or instrumentality 
     shall give priority consideration to a request made by a 
     public agency (as defined in section 47102) for surplus 
     property described in subsection (a) (other than real 
     property that is subject to section 2687 of title 10, section 
     201 of the Defense Authorization Amendments and Base Closure 
     and Realignment Act (10 U.S.C. 2687 note), or section 2905 of 
     the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. 2687 note)) for use at a public airport.''.

     SEC. 137. INTERMODAL CONNECTIONS.

       (a) Airport Improvement Policy.--Section 47101(a)(5) is 
     amended to read as follows:
       ``(5) to encourage the development of intermodal 
     connections on airport property between aeronautical and 
     other transportation modes and systems to serve air 
     transportation passengers and cargo efficiently and 
     effectively and promote economic development;''.
       (b) Airport Development Defined.--Section 47102(3) (as 
     amended by section 123(b)) is further amended by adding at 
     the end the following:
       ``(I) constructing, reconstructing, or improving an 
     airport, or purchasing nonrevenue generating capital 
     equipment to be owned by an airport, for the purpose of 
     transferring passengers, cargo, or baggage between the 
     aeronautical and ground transportation modes on airport 
     property.''.

     SEC. 138. STATE BLOCK GRANT PROGRAM.

       Section 47128(a) is amended by striking ``8 qualified 
     States for fiscal year 1997 and 9 qualified States for each 
     fiscal year thereafter'' and insert ``9 qualified States for 
     fiscal years 2000 and 2001 and 10 qualified States for each 
     fiscal year thereafter''.

     SEC. 139. DESIGN-BUILD CONTRACTING.

       (a) Pilot Program.--The Administrator may establish a pilot 
     program under which design-build contracts may be used to 
     carry out up to 7 projects at airports in the United States 
     with a grant awarded under section 47104 of title 49, United 
     States Code. A sponsor of an airport may submit an 
     application to the Administrator to carry out a project 
     otherwise eligible for assistance under chapter 471 of such 
     title under the pilot program.
       (b) Use of Design-Build Contracts.--Under the pilot 
     program, the Administrator may approve an application of an 
     airport sponsor under this section to authorize the airport 
     sponsor to award a design-build contract using a selection 
     process permitted under applicable State or local law if--
       (1) the Administrator approves the application using 
     criteria established by the Administrator;
       (2) the design-build contract is in a form that is approved 
     by the Administrator;
       (3) the Administrator is satisfied that the contract will 
     be executed pursuant to competitive procedures and contains a 
     schematic design adequate for the Administrator to approve 
     the grant;
       (4) use of a design-build contract will be cost effective 
     and expedite the project;
       (5) the Administrator is satisfied that there will be no 
     conflict of interest; and
       (6) the Administrator is satisfied that the selection 
     process will be as open, fair, and objective as the 
     competitive bid system and that at least 3 or more bids will 
     be submitted for each project under the selection process.
       (c) Reimbursement of Costs.--The Administrator may 
     reimburse an airport sponsor for design and construction 
     costs incurred before a grant is made pursuant to this 
     section if the project is approved by the Administrator in 
     advance and is carried out in accordance with all 
     administrative and statutory requirements that would have 
     been applicable under chapter 471 of title 49, United States 
     Code, if the project were carried out after a grant agreement 
     had been executed.
       (d) Design-Build Contract Defined.--In this section, the 
     term ``design-build contract'' means an agreement that 
     provides for both design and construction of a project by a 
     contractor.
       (e) Expiration of Authority.--The authority of the 
     Administrator to carry out the pilot program under this 
     section shall expire on September 30, 2003.
                       Subtitle C--Miscellaneous

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

       Section 40117(a) is amended to read as follows:
       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Airport, commercial service airport, and public 
     agency.--The terms `airport', `commercial service airport', 
     and `public agency' have the meaning those terms have under 
     section 47102.
       ``(2) Eligible agency.--The term `eligible agency' means a 
     public agency that controls a commercial service airport.
       ``(3) Eligible airport-related project.--The term `eligible 
     airport-related project' means any of the following projects:
       ``(A) A project for airport development or airport planning 
     under subchapter I of chapter 471.
       ``(B) A project for terminal development described in 
     section 47110(d).
       ``(C) A project for airport noise capability planning under 
     section 47505.
       ``(D) A project to carry out noise compatibility measures 
     eligible for assistance under section 47504, whether or not a 
     program for those measures has been approved under section 
     47504.
       ``(E) A project for constructing gates and related areas at 
     which passengers board or exit aircraft. In the case of a 
     project required to enable additional air service by an air 
     carrier with less than 50 percent of the annual passenger 
     boardings at an airport, the project for constructing gates 
     and related areas may include structural foundations and 
     floor systems, exterior building walls and load-bearing 
     interior columns or walls, windows, door and roof systems, 
     building utilities (including heating, air conditioning, 
     ventilation, plumbing, and electrical service), and aircraft 
     fueling facilities adjacent to the gate.
       ``(4) Passenger facility fee.--The term `passenger facility 
     fee' means a fee imposed under this section.
       ``(5) Passenger facility revenue.--The term `passenger 
     facility revenue' means revenue derived from a passenger 
     facility fee.''.

     SEC. 152. TERMINAL DEVELOPMENT COSTS.

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

     SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM.

       Section 44502(a)(4)(B) is amended--
       (1) by striking ``each of fiscal years 1995 and 1996'' and 
     inserting ``each of fiscal years 2000 through 2002''; and
       (2) by inserting ``under new or existing contracts'' after 
     ``including acquisition''.

     SEC. 154. AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY 
                   AIRCRAFT.

       Section 47504(c) is amended by adding at the end the 
     following:

[[Page H657]]

       ``(6) Aircraft noise primarily caused by military 
     aircraft.--The Secretary may make a grant under this 
     subsection for a project even if the purpose of the project 
     is to mitigate the effect of noise primarily caused by 
     military aircraft at an airport.''.

     SEC. 155. COMPETITION PLANS.

       (a) Findings.--The Congress makes the following findings:
       (1) Major airports must be available on a reasonable basis 
     to all air carriers wishing to serve those airports.
       (2) 15 large hub airports today are each dominated by one 
     air carrier, with each such carrier controlling more than 50 
     percent of the traffic at the hub.
       (3) The General Accounting Office has found that such 
     levels of concentration lead to higher air fares.
       (4) The United States Government must take every step 
     necessary to reduce those levels of concentration.
       (5) Consistent with air safety, spending at these airports 
     must be directed at providing opportunities for carriers 
     wishing to serve such facilities on a commercially viable 
     basis.
       (b) In General.--Section 47106 is amended by adding at the 
     end the following:
       ``(f) Competition Plans.--
       ``(1) Prohibition.--Beginning in fiscal year 2001, no 
     passenger facility fee may be approved for a covered airport 
     under section 40117 and no grant may be made under this 
     subchapter for a covered airport unless the airport has 
     submitted to the Secretary a written competition plan in 
     accordance with this subsection.
       ``(2) Contents.--A competition plan under this subsection 
     shall include information on the availability of airport 
     gates and related facilities, leasing and sub-leasing 
     arrangements, gate-use requirements, patterns of air service, 
     gate-assignment policy, financial constraints, airport 
     controls over air- and ground-side capacity, whether the 
     airport intends to build or acquire gates that would be used 
     as common facilities, and airfare levels (as compiled by the 
     Department of Transportation) compared to other large 
     airports.
       ``(3) Covered airport defined.--In this subsection, the 
     term `covered airport' means a commercial service airport--
       ``(A) that has more than .25 percent of the total number of 
     passenger boardings each year at all such airports; and
       ``(B) at which one or two air carriers control more than 50 
     percent of the passenger boardings.''.
       (c) Cross Reference.--Section 40117 (as amended by section 
     135(b) of this Act) is further amended by adding at the end 
     the following:
       ``(k) Competition Plans.--
       ``(1) In general.--Beginning in fiscal year 2001, no 
     eligible agency may impose a passenger facility fee under 
     this section with respect to a covered airport (as such term 
     is defined in section 47106(f)) unless the agency has 
     submitted to the Secretary a written competition plan in 
     accordance with such section. This subsection does not apply 
     to passenger facility fees in effect before the date of 
     enactment of this subsection.
       ``(2) Secretary shall ensure implementation and 
     compliance.--The Secretary shall review any plan submitted 
     under paragraph (1) to ensure that it meets the requirements 
     of this section, and shall review its implementation from 
     time to time to ensure that each covered airport successfully 
     implements its plan.''.
       (d) Availability of Gates and Other Essential Services.--
     The Secretary shall ensure that gates and other facilities 
     are made available at costs that are fair and reasonable to 
     air carriers at covered airports (as defined in section 
     47106(f)(4) of title 49, United States Code) where a 
     ``majority-in-interest clause'' of a contract or other 
     agreement or arrangement inhibits the ability of the local 
     airport authority to provide or build new gates or other 
     facilities.

     SEC. 156. ALASKA RURAL AVIATION IMPROVEMENT.

       (a) Application of FAA Regulations.--Section 40113 is 
     amended by adding at the end 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) Mike-in-Hand Weather Observation.--The Administrator 
     and the Assistant Administrator of the National Weather 
     Service, in consultation with the National Transportation 
     Safety Board and the Governor of the State of Alaska, shall 
     continue efforts to 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.

     SEC. 157. USE OF RECYCLED MATERIALS.

       (a) Study.--The Administrator shall conduct a study of the 
     use of recycled materials (including recycled pavements, 
     waste materials, and byproducts) in pavement used for 
     runways, taxiways, and aprons and the specification standards 
     in tests necessary for the use of recycled materials in such 
     pavement. The primary focus of the study shall be on the 
     long-term physical performance, safety implications, and 
     environmental benefits of using recycled materials in 
     aviation pavement.
       (b) Contracting.--The Administrator may carry out the study 
     by entering into a contract with a university of higher 
     education with expertise necessary to carry out the study.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study, together with 
     recommendations concerning the use of recycled materials in 
     aviation pavement.
       (d) Funding.--Of the amounts appropriated pursuant to 
     section 106(k) of title 49, United States Code, not to exceed 
     $1,500,000 may be used to carry out this section.

     SEC. 158. CONSTRUCTION OF RUNWAYS.

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

     SEC. 159. NOTICE OF GRANTS.

       (a) Timely Announcement.--The Secretary shall announce a 
     grant to be made with funds made available under section 
     48103 of title 49, United States Code, in a timely fashion 
     after receiving necessary documentation concerning the grant 
     from the Administrator.
       (b) Notice to Committees.--If the Secretary provides any 
     committee of Congress advance notice of a grant to be made 
     with funds made available under section 48103 of title 49, 
     United States Code, the Secretary shall provide, on the same 
     date, such notice to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.

     SEC. 160. AIRFIELD PAVEMENT CONDITIONS.

       (a) Evaluation of Options.--The Administrator shall 
     evaluate options for improving the quality of information 
     available to the Federal Aviation 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.--Not later than 12 months after the 
     date of enactment of this Act, the Administrator shall 
     transmit a report containing an evaluation of the options 
     described in subsection (a) to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.

     SEC. 161. REPORT ON EFFORTS TO IMPLEMENT CAPACITY 
                   ENHANCEMENTS.

       Not later than 9 months after the date of enactment of this 
     Act, the Secretary shall transmit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report 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 timeframe for 
     implementation of such enhancements and improvements.

     SEC. 162. PRIORITIZATION OF DISCRETIONARY PROJECTS.

       Section 47120 is amended--
       (1) by inserting ``(a) In General.--'' before ``In''; and
       (2) by adding at the end 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. 163. CONTINUATION OF REPORTS.

       Section 3003(a)(1) of the Federal Reports Elimination and 
     Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to 
     any report required to be submitted under any of the 
     following provisions of law:
       (1) Section 44501 of title 49, United States Code.
       (2) Section 47103 of such title.
       (3) Section 47131 of such title.
                 TITLE II--AIRLINE SERVICE IMPROVEMENTS
                     Subtitle A--Small Communities

     SEC. 201. POLICY FOR AIR SERVICE TO RURAL AREAS.

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

     SEC. 202. 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.''.

[[Page H658]]

     SEC. 203. IMPROVED AIR CARRIER SERVICE TO AIRPORTS NOT 
                   RECEIVING SUFFICIENT SERVICE.

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

     ``Sec. 41743. Airports not receiving sufficient service

       ``(a) Small Community Air Service Development Pilot 
     Program.--The Secretary of Transportation shall establish a 
     pilot program that meets the requirements of this section for 
     improving air carrier service to airports not receiving 
     sufficient air carrier service.
       ``(b) Application Required.--In order to participate in the 
     program established under subsection (a), a community or 
     consortium of communities shall submit an application to the 
     Secretary in such form, at such time, and containing such 
     information as the Secretary may require, including--
       ``(1) an assessment of the need of the community or 
     consortium for access, or improved access, to the national 
     air transportation system; and
       ``(2) an analysis of the application of the criteria in 
     subsection (c) to that community or consortium.
       ``(c) Criteria for Participation.--In selecting 
     communities, or consortia of communities, for participation 
     in the program established under subsection (a), the 
     Secretary shall apply the following criteria:
       ``(1) Size.--For calendar year 1997, the airport serving 
     the community or consortium was not larger than a small hub 
     airport (as that term is defined in section 41731(a)(5)), 
     and--
       ``(A) had insufficient air carrier service; or
       ``(B) had unreasonably high air fares.
       ``(2) Characteristics.--The airport presents 
     characteristics, such as geographic diversity or unique 
     circumstances, that will demonstrate the need for, and 
     feasibility of, the program established under subsection (a).
       ``(3) State limit.--No more than 4 communities or consortia 
     of communities, or a combination thereof, may be located in 
     the same State.
       ``(4) Overall limit.--No more than 40 communities or 
     consortia of communities, or a combination thereof, may be 
     selected to participate in the program.
       ``(5) Priorities.--The Secretary shall give priority to 
     communities or consortia of communities where--
       ``(A) air fares are higher than the average air fares for 
     all communities;
       ``(B) the community or consortium will provide a portion of 
     the cost of the activity to be assisted under the program 
     from local sources other than airport revenues;
       ``(C) the community or consortium has established, or will 
     establish, a public-private partnership to facilitate air 
     carrier service to the public; and
       ``(D) the assistance will provide material benefits to a 
     broad segment of the travelling public, including business, 
     educational institutions, and other enterprises, whose access 
     to the national air transportation system is limited.
       ``(d) Types of Assistance.--The Secretary may use amounts 
     made available under this section--
       ``(1) to provide assistance to an air carrier to subsidize 
     service to and from an underserved airport for a period not 
     to exceed 3 years;
       ``(2) to provide assistance to an underserved airport to 
     obtain service to and from the underserved airport; and
       ``(3) to provide assistance to an underserved airport to 
     implement such other measures as the Secretary, in 
     consultation with such airport, considers appropriate to 
     improve air service both in terms of the cost of such service 
     to consumers and the availability of such service, including 
     improving air service through marketing and promotion of air 
     service and enhanced utilization of airport facilities.
       ``(e) Authority To Make Agreements.--
       ``(1) In general.--The Secretary may make agreements to 
     provide assistance under this section.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary $20,000,000 for fiscal 
     year 2001 and $27,500,000 for each of fiscal years 2002 and 
     2003 to carry out this section. Such sums shall remain 
     available until expended.
       ``(f) Additional Action.--Under the pilot program 
     established under subsection (a), the Secretary shall work 
     with air carriers providing service to participating 
     communities and major air carriers (as defined in section 
     41716(a)(2)) serving large hub airports (as defined in 
     section 41731(a)(3)) to facilitate joint-fare arrangements 
     consistent with normal industry practice.
       ``(g) Designation of Responsible Official.--The Secretary 
     shall designate an employee of the Department of 
     Transportation--
       ``(1) to function as a facilitator between small 
     communities and air carriers;
       ``(2) to carry out this section;
       ``(3) to ensure that the Bureau of Transportation 
     Statistics collects data on passenger information to assess 
     the service needs of small communities;
       ``(4) to 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
       ``(5) to provide policy recommendations to the Secretary 
     and Congress that will ensure that small communities have 
     access to quality, affordable air transportation services.
       ``(h) Air Service Development Zone.--The Secretary shall 
     designate an airport in the program as an Air Service 
     Development Zone and work with the community or consortium 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.''.
       (b) Conforming Amendment.--The analysis for subchapter II 
     of chapter 417 is amended by adding at the end the following:

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

     SEC. 204. PRESERVATION OF ESSENTIAL AIR SERVICE AT SINGLE 
                   CARRIER DOMINATED HUB AIRPORTS.

       (a) In General.--Subchapter II of chapter 417 (as amended 
     by section 203 of this Act) is further amended by adding at 
     the end the following:

     ``Sec. 41744. Preservation of basic essential air service at 
       single carrier dominated hub airports

       ``(a) In General.--If the Secretary of Transportation 
     determines that extraordinary circumstances jeopardize the 
     reliable performance of essential air service under this 
     subchapter from a subsidized essential air service community 
     to and from an essential airport facility, the Secretary may 
     require an air carrier that has more than 60 percent of the 
     total annual enplanements at the essential airport facility 
     to take action to enable another air carrier to provide 
     reliable essential air service to that community. Actions 
     required by the Secretary under this subsection may include 
     interline agreements, ground services, subleasing of gates, 
     and the provision of any other service or facility necessary 
     for the performance of satisfactory essential air service to 
     that community.
       ``(b) Essential Airport Facility Defined.--In this section, 
     the term `essential airport facility' means a large hub 
     airport (as defined in section 41731) in the contiguous 48 
     States at which 1 air carrier has more than 60 percent of the 
     total annual enplanements at that airport.''.
       (b) Conforming Amendment.--The analysis for subchapter II 
     of chapter 417 is further amended by adding at the end the 
     following:

``41744. Preservation of basic essential air service at single carrier 
              dominated hub airports.''.

     SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.

       The Secretary may provide assistance under subchapter II of 
     chapter 417 of title 49, United States Code, with respect to 
     a place that is located within 70 highway miles of a hub 
     airport (as defined by section 41731 of such title) if the 
     most commonly used highway route between the place and the 
     hub airport exceeds 70 miles.

     SEC. 206. REPORT ON ESSENTIAL AIR SERVICE.

       (a) In General.--The Secretary shall conduct an analysis of 
     the difficulties faced by many smaller communities in 
     retaining essential air service and shall develop a plan to 
     facilitate the retention of such service.
       (b) Examination of North Dakota Communities.--In conducting 
     the analysis and developing the plan under subsection (a), 
     the Secretary shall pay particular attention to communities 
     located in North Dakota.
       (c) Report.--Not later than 60 days after the date of 
     enactment of this section, the Secretary shall transmit to 
     Congress a report containing the analysis and plan described 
     in subsection (a).

     SEC. 207. MARKETING PRACTICES.

       (a) Review of Marketing Practices That Adversely Affect 
     Service to Small or Medium Communities.--Not later than 180 
     days after the date of enactment of this 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.
       (b) Regulations.--If the Secretary finds, after conducting 
     the review, that marketing practices inhibit the availability 
     of affordable air transportation services to small- and 
     medium-sized communities, then, after public notice and an 
     opportunity for comment, the Secretary may issue regulations 
     that address the problem or take other appropriate action.
       (c) Statutory Construction.--Nothing in this section 
     expands the authority or jurisdiction of the Secretary to 
     issue regulations under chapter 417 of title 49, United 
     States Code, or under any other law.

     SEC. 208. DEFINITION OF ELIGIBLE PLACE.

       Section 41731(a)(1) is amended--
       (1) by inserting ``(i)'' after ``(A)'';
       (2) by striking ``(B)'' and inserting ``(ii)'';
       (3) by striking ``(C)'' and inserting ``(iii)'';
       (4) by striking ``subchapter.'' and inserting ``subchapter; 
     or''; and
       (5) by adding at the end the following:
       ``(B) determined, on or after October 1, 1988, and before 
     the date of enactment of the Wendell H. Ford Aviation 
     Investment and Reform Act for the 21st Century, under this 
     subchapter by the Secretary to be eligible to receive 
     subsidized small community air service under section 
     41736(a).''.

     SEC. 209. MAINTAINING THE INTEGRITY OF THE ESSENTIAL AIR 
                   SERVICE PROGRAM.

       (a) Authorization of Appropriation.--Section 41742(a) is 
     amended--
       (1) by striking ``Out of'' and inserting the following:
       ``(1) Authorization.--Out of'';
       (2) by adding at the end the following:
       ``(2) Additional funds.--In addition to amounts authorized 
     under paragraph (1), there is authorized to be appropriated 
     $15,000,000 for each fiscal year to carry out the essential 
     air service program under this subchapter.''; and

[[Page H659]]

       (3) by aligning paragraph (1) (as designated by paragraph 
     (1) of this subsection) with paragraph (2) (as added by 
     paragraph (2) of this subsection).
       (b) Limitation on Adjustments to Levels of Service.--
     Section 41733(e) is amended by striking the period at the end 
     and inserting ``, to the extent such adjustments are to a 
     level not less than the basic essential air service level 
     established under subsection (a) for the airport that serves 
     the community.''.
       (c) Effect on Certain Orders.--All orders issued by the 
     Secretary after September 30, 1999, and before the date of 
     enactment of this Act establishing, modifying, or revoking 
     essential air service levels shall be null and void beginning 
     on the 90th day following such date of enactment. During the 
     90-day period, the Secretary shall reconsider such orders and 
     shall issue new orders consistent with the amendments made by 
     this section.

     SEC. 210. REGIONAL JET SERVICE FOR SMALL COMMUNITIES.

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

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

     ``Sec. 41761. Purpose

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

     ``Sec. 41762. Definitions

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

     ``Sec. 41763. Federal credit instruments

       ``(a) In General.--Subject to this section and section 
     41766, the Secretary of Transportation may enter into 
     agreements with one or more obligors to make available 
     Federal credit instruments, the proceeds of which shall be 
     used to finance aircraft purchases.
       ``(b) Secured Loans.--
       ``(1) Terms and limitations.--
       ``(A) In general.--A secured loan under this section with 
     respect to an aircraft purchase shall be on such terms and 
     conditions and contain such covenants, representatives, 
     warranties, and requirements (including requirements for 
     audits) as the Secretary determines appropriate.
       ``(B) Maximum amount.--No secured loan may be made under 
     this section--
       ``(i) that extends to more than 50 percent of the purchase 
     price (including the value of any manufacturer credits, post-
     purchase options, or other discounts) of the aircraft, 
     including spare parts, to be purchased; or
       ``(ii) that, when added to the remaining balance on any 
     other Federal credit instruments made under this subchapter, 
     provides more than $100,000,000 of outstanding credit to any 
     single obligor.
       ``(C) Final payment date.--The final payment on the secured 
     loan shall not be due later than 18 years after the date of 
     execution of the loan agreement.
       ``(D) Subordination.--The secured loan may be subordinate 
     to claims of other holders of obligations in the event of 
     bankruptcy, insolvency, or liquidation of the obligor as 
     determined appropriate by the Secretary.
       ``(E) Fees.--The Secretary, subject to appropriations, may 
     establish fees at a level sufficient to cover all or a 
     portion of the administrative costs to the United States 
     Government of making a secured loan under this section. The 
     proceeds of such fees shall be deposited in an account to be 
     used by the Secretary for the purpose of administering the 
     program established under this subchapter and shall be 
     available upon deposit until expended.
       ``(2) Repayment.--
       ``(A) Schedule.--The Secretary shall establish a repayment 
     schedule for each secured loan under this section based on 
     the projected cash flow from aircraft revenues and other 
     repayment sources.
       ``(B) Commencement.--Scheduled loan repayments of principal 
     and interest on a secured loan under this section shall 
     commence no later than 3 years after the date of execution of 
     the loan agreement.
       ``(3) Prepayment.--
       ``(A) Use of excess revenue.--After satisfying scheduled 
     debt service requirements on all financial obligations and 
     secured loans and all deposit requirements under the terms of 
     any trust agreement, bond resolution, or similar agreement 
     securing financial obligations, the secured loan may be 
     prepaid at anytime without penalty.
       ``(B) Use of proceeds of refinancing.--The secured loan may 
     be prepaid at any time without penalty from proceeds of 
     refinancing from non-Federal funding sources.
       ``(c) Loan Guarantees.--
       ``(1) In general.--A loan guarantee under this section with 
     respect to a loan made for an aircraft purchase shall be made 
     in such form and on such terms and conditions and contain 
     such covenants, representatives, warranties, and requirements 
     (including requirements for audits) as the Secretary 
     determines appropriate.
       ``(2) Maximum amount.--No loan guarantee shall be made 
     under this section--
       ``(A) that extends to more than the unpaid interest and 50 
     percent of the unpaid principal on any loan;
       ``(B) that, for any loan or combination of loans, extends 
     to more than 50 percent of the purchase price (including the 
     value of any manufacturer credits, post-purchase options, or 
     other discounts) of the aircraft, including spare parts, to 
     be purchased with the loan or loan combination;
       ``(C) on any loan with respect to which terms permit 
     repayment more than 15 years after the date of execution of 
     the loan; or
       ``(D) that, when added to the remaining balance on any 
     other Federal credit instruments made under this subchapter, 
     provides more than $100,000,000 of outstanding credit to any 
     single obligor.
       ``(3) Fees.--The Secretary, subject to appropriations, may 
     establish fees at a level sufficient to cover all or a 
     portion of the administrative costs to the United States 
     Government of making a loan guarantee under this section. The 
     proceeds of such fees shall be deposited in an account to be 
     used by the Secretary for the purpose of administering the 
     program established under this subchapter and shall be 
     available upon deposit until expended.
       ``(d) Lines of Credit.--
       ``(1) In general.--Subject to the requirements of this 
     subsection, the Secretary may enter into agreements to make 
     available lines of credit to one or more obligors in the form 
     of direct loans to be made by the Secretary at future dates 
     on the occurrence of certain events for any aircraft purchase 
     selected under this section.
       ``(2) Terms and limitations.--
       ``(A) In general.--A line of credit under this subsection 
     with respect to an aircraft purchase

[[Page H660]]

     shall be on such terms and conditions and contain such 
     covenants, representatives, warranties, and requirements 
     (including requirements for audits) as the Secretary 
     determines appropriate.
       ``(B) Maximum amount.--
       ``(i) Total amount.--The amount of any line of credit shall 
     not exceed 50 percent of the purchase price (including the 
     value of any manufacturer credits, post-purchase options, or 
     other discounts) of the aircraft, including spare parts.
       ``(ii) 1-year draws.--The amount drawn in any year shall 
     not exceed 20 percent of the total amount of the line of 
     credit.
       ``(C) Draws.--Any draw on the line of credit shall 
     represent a direct loan.
       ``(D) Period of availability.--The line of credit shall be 
     available not more than 5 years after the aircraft purchase 
     date.
       ``(E) Rights of third-party creditors.--
       ``(i) Against united states government.--A third-party 
     creditor of the obligor shall not have any right against the 
     United States Government with respect to any draw on the line 
     of credit.
       ``(ii) Assignment.--An obligor may assign the line of 
     credit to one or more lenders or to a trustee on the lender's 
     behalf.
       ``(F) Subordination.--A direct loan under this subsection 
     may be subordinate to claims of other holders of obligations 
     in the event of bankruptcy, insolvency, or liquidation of the 
     obligor as determined appropriate by the Secretary.
       ``(G) Fees.--The Secretary, subject to appropriations, may 
     establish fees at a level sufficient to cover all of a 
     portion of the administrative costs to the United States 
     Government of providing a line of credit under this 
     subsection. The proceeds of such fees shall be deposited in 
     an account to be used by the Secretary for the purpose of 
     administering the program established under this subchapter 
     and shall be available upon deposit until expended.
       ``(3) Repayment.--
       ``(A) Schedule.--The Secretary shall establish a repayment 
     schedule for each direct loan under this subsection.
       ``(B) Commencement.--Scheduled loan repayments of principal 
     or interest on a direct loan under this subsection shall 
     commence no later than 3 years after the date of the first 
     draw on the line of credit and shall be repaid, with 
     interest, not later than 18 years after the date of the first 
     draw.
       ``(e) Risk Assessment.--Before entering into an agreement 
     under this section to make available a Federal credit 
     instrument, the Secretary, in consultation with the Director 
     of the Office of Management and Budget, shall determine an 
     appropriate capital reserve subsidy amount for the Federal 
     credit instrument based on such credit evaluations as the 
     Secretary deems necessary.
       ``(f) Conditions.--Subject to subsection (h), the Secretary 
     may only make a Federal credit instrument available under 
     this section if the Secretary finds that--
       ``(1) the aircraft to be purchased with the Federal credit 
     instrument is a regional jet aircraft needed to improve the 
     service and efficiency of operation of a commuter air carrier 
     or new entrant air carrier;
       ``(2) the commuter air carrier or new entrant air carrier 
     enters into a legally binding agreement that requires the 
     carrier to use the aircraft to provide service to underserved 
     markets; and
       ``(3) the prospective earning power of the commuter air 
     carrier or new entrant air carrier, together with the 
     character and value of the security pledged, including the 
     collateral value of the aircraft being acquired and any other 
     assets or pledges used to secure the Federal credit 
     instrument, furnish--
       ``(A) reasonable assurances of the air carrier's ability 
     and intention to repay the Federal credit instrument within 
     the terms established by the Secretary--
       ``(i) to continue its operations as an air carrier; and
       ``(ii) to the extent that the Secretary determines to be 
     necessary, to continue its operations as an air carrier 
     between the same route or routes being operated by the air 
     carrier at the time of the issuance of the Federal credit 
     instrument; and
       ``(B) reasonable protection to the United States.
       ``(g) Limitation on Combined Amount of Federal Credit 
     Instruments.--The Secretary shall not allow the combined 
     amount of Federal credit instruments available for any 
     aircraft purchase under this section to exceed--
       ``(1) 50 percent of the cost of the aircraft purchase; or
       ``(2) $100,000,000 for any single obligor.
       ``(h) Requirement.--Subject to subsection (i), no Federal 
     credit instrument may be made under this section for the 
     purchase of any regional jet aircraft that does not comply 
     with the stage 3 noise levels of part 36 of title 14 of the 
     Code of Federal Regulations, as in effect on January 1, 1999.
       ``(i) Other Limitations.--No Federal credit instrument 
     shall be made by the Secretary under this section for the 
     purchase of a regional jet aircraft unless the commuter air 
     carrier or new entrant air carrier enters into a legally 
     binding agreement that requires the carrier to provide 
     scheduled passenger air transportation to the underserved 
     market for which the aircraft is purchased for a period of 
     not less than 36 consecutive months after the date that 
     aircraft is placed in service.

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

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

     ``Sec. 41765. Administrative expenses

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

     ``Sec. 41766. Funding.

       ``Of the amounts appropriated under section 106(k) for each 
     of fiscal years 2001 through 2003, such sums as may be 
     necessary may be used to carry out this subchapter, including 
     administrative expenses.

     ``Sec. 41767. Termination

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

        ``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM

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

     SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.

       Section 41712 is amended--
       (1) by inserting ``(a) In General.--'' before ``On''; and
       (2) by adding at the end the following:
       ``(b) E-Ticket Expiration Notice.--It shall be an unfair or 
     deceptive practice under subsection (a) for any air carrier, 
     foreign air carrier, or ticket agent utilizing electronically 
     transmitted tickets for air transportation to fail to notify 
     the purchaser of such a ticket of its expiration date, if 
     any.''.

     SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION 
                   CONSUMER PROTECTION LAWS.

       (a) In General.--Section 46301(a) is amended by adding at 
     the end the following:
       ``(7) Consumer protection.--Notwithstanding paragraphs (1) 
     and (4), the maximum civil penalty for violating section 
     40127 or 41712 (including a regulation prescribed or order 
     issued under such section) or any other regulation prescribed 
     by the Secretary that is intended to afford consumer 
     protection to commercial air transportation passengers, shall 
     be $2,500 for each violation.''.
       (b) Technical Amendment.--Paragraph (6) of section 46301(a) 
     is amended--
       (1) by inserting ``Air service termination notice.--'' 
     before ``Notwithstanding''; and
       (2) by aligning the left margin of such paragraph with 
     paragraph (5) of such section.

     SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER 
                   PROTECTIONS.

       There are authorized to be appropriated to the Secretary 
     for the purpose of ensuring compliance with, and enforcing, 
     the rights of air travelers under sections 40127, 41705, and 
     41712 of title 49, United States Code--
       (1) $2,300,000 for fiscal year 2000;
       (2) $2,415,000 for fiscal year 2001;
       (3) $2,535,750 for fiscal year 2002; and
       (4) $2,662,500 for fiscal year 2003.

     SEC. 224. AIRLINE CUSTOMER SERVICE REPORTS.

       (a) Secretary To Report Plans Received.--Not later than 
     September 15, 1999, each air carrier that provides scheduled 
     passenger air transportation and that is a member of the Air 
     Transport Association, all of which have entered into the 
     voluntary customer service commitments established by the 
     Association on June 17, 1999 (in this section referred to as 
     the ``Airline Customer Service Commitment''), shall provide a 
     copy of its individual customer service plan to the 
     Secretary. Upon receipt of each individual plan, the 
     Secretary shall transmit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives notice of receipt of the plan, together with 
     a copy of the plan.
       (b) Implementation.--The Inspector General of the 
     Department of Transportation shall monitor the implementation 
     of any plan submitted by an air carrier to the Secretary 
     under subsection (a) and evaluate the extent to which the

[[Page H661]]

     carrier has met its commitments under its plan. The carrier 
     shall provide such information to the Inspector General as 
     may be necessary for the Inspector General to prepare the 
     report required by subsection (c).
       (c) Reports to Congress.--
       (1) Interim report.--
       (A) In general.--Not later than June 15, 2000, the 
     Inspector General shall transmit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report containing the Inspector 
     General's findings under subsection (b).
       (B) Contents.--The report shall include a status report on 
     completion, publication, and implementation of the Airline 
     Customer Service Commitment and the individual air carrier's 
     plans to carry it out. The report shall also include a review 
     of whether each air carrier described in subsection (a) has 
     modified its contract of carriage or conditions of contract 
     to reflect each item of the Airline Customer Service 
     Commitment.
       (2) Final report; recommendations.--
       (A) In general.--Not later than December 31, 2000, the 
     Inspector General shall transmit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a final report on the effectiveness of the 
     Airline Customer Service Commitment and the individual air 
     carrier plans to carry it out, including recommendations 
     for improving accountability, enforcement, and consumer 
     protections afforded to commercial air passengers.
       (B) Specific content.--In the final report under 
     subparagraph (A), the Inspector General shall include the 
     following:
       (i) An evaluation of each carrier's plan as to whether it 
     is consistent with the voluntary commitments established by 
     the Air Transport Association in the Airline Customer Service 
     Commitment.
       (ii) An evaluation of each carrier as to the extent to 
     which, and the manner in which, it has performed in carrying 
     out its plan.
       (iii) A description, by air carrier, of how the air carrier 
     has implemented each commitment covered by its plan.
       (iv) An analysis, by air carrier, of the methods of meeting 
     each such commitment and, in such analysis, provide 
     information that allows consumers to make decisions on the 
     quality of air transportation provided by such carriers.
       (v) A comparison of each air carrier's plan and the 
     implementation of that plan with the customer service 
     provided by a representative sampling of other air carriers 
     providing scheduled passenger air transportation with 
     aircraft similar in size to the aircraft used by the carrier 
     that submitted a plan so as to allow consumers to make 
     decisions as to the relative quality of air transportation 
     provided by each group of carriers. In making this 
     comparison, the Inspector General shall give due regard to 
     the differences in the fares charged and the size of the air 
     carriers being compared.

     SEC. 225. INCREASED FINANCIAL RESPONSIBILITY FOR LOST 
                   BAGGAGE.

       Not later than 30 days after the date of enactment of this 
     Act, the Secretary shall initiate a rulemaking to increase 
     the domestic baggage liability limit in part 254 of title 14, 
     Code of Federal Regulations.

     SEC. 226. COMPTROLLER GENERAL INVESTIGATION.

       (a) Study.--The Comptroller General shall conduct a study 
     on the potential effects on aviation consumers, including the 
     impact on fares and service to small communities, of a 
     requirement that air carriers permit a ticketed passenger to 
     use any portion of a multiple-stop or round-trip air fare for 
     transportation independent of any other portion without 
     penalty.
       (b) Report.--Not later than June 15, 2000, the Comptroller 
     General shall transmit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the results of the study.

     SEC. 227. AIRLINE SERVICE QUALITY PERFORMANCE REPORTS.

       (a) Modification of Reports.--In consultation with the task 
     force to be established under subsection (b), the Secretary 
     shall modify the regulations in part 234 of title 14, Code of 
     Federal Regulations, relating to airline service quality 
     performance reports, to disclose more fully to the public the 
     nature and source of delays and cancellations experienced by 
     air travelers.
       (b) Task Force.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall establish a task 
     force including officials of the Federal Aviation 
     Administration and representatives of airline consumers and 
     air carriers to develop alternatives and criteria for the 
     modifications to be made under subsection (a).
       (c) Use of Categories.--In making modifications under 
     subsection (a), the Secretary shall--
       (1) establish categories that reflect the reasons for 
     delays and cancellations experienced by air travelers;
       (2) require air carriers to use such categories in 
     submitting information to be included in airline service 
     quality performance reports; and
       (3) use such categories in reports of the Department of 
     Transportation on information received in airline service 
     quality performance reports.

     SEC. 228. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION 
                   AND CHOICE IN THE AIRLINE INDUSTRY.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Commission to Ensure Consumer 
     Information and Choice in the Airline Industry'' (in this 
     section referred to as the ``Commission'').
       (b) Duties.--
       (1) Study.--The Commission shall undertake a study of--
       (A) whether the financial condition of travel agents is 
     declining and, if so, the effect that this will have on 
     consumers; and
       (B) whether there are impediments to information regarding 
     the services and products offered by the airline industry 
     and, if so, the effects of those impediments on travel 
     agents, Internet-based distributors, and consumers.
       (2) Small travel agents.--In conducting the study, the 
     Commission shall pay special attention to the condition of 
     travel agencies with $1,000,000 or less in annual revenues.
       (c) Recommendations.--Based on the results of the study 
     under subsection (b), the Commission shall make such 
     recommendations as it considers necessary to improve the 
     condition of travel agents, especially travel agents 
     described in subsection (b)(2), and to improve consumer 
     access to travel information.
       (d) Membership.--
       (1) Appointment.--The Commission shall be composed of 9 
     members as follows:
       (A) 3 members appointed by the Secretary.
       (B) 2 members appointed by the Speaker of the House of 
     Representatives.
       (C) 1 member appointed by the minority leader of the House 
     of Representatives.
       (D) 2 members appointed by the majority leader of the 
     Senate.
       (E) 1 member appointed by the minority leader of the 
     Senate.
       (2) Qualifications.--Of the members appointed by the 
     Secretary under paragraph (1)(A)--
       (A) 1 member shall be a representative of the travel agent 
     industry;
       (B) 1 member shall be a representative of the airline 
     industry; and
       (C) 1 member shall be an individual who is not a 
     representative of either of the industries referred to in 
     subparagraphs (A) and (B).
       (3) Terms.--Members shall be appointed for the life of the 
     Commission.
       (4) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (5) Travel expenses.--Members shall serve without pay but 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.
       (6) Chairperson.--The member appointed by the Secretary of 
     Transportation under paragraph (2)(C) shall serve as the 
     Chairperson of the Commission (referred to in this section as 
     the ``Chairperson'').
       (e) Commission Panels.--The Chairperson shall establish 
     such panels consisting of members of the Commission as the 
     Chairperson determines appropriate to carry out the functions 
     of the Commission.
       (f) Staff.--The Commission may appoint and fix the pay of 
     such personnel as it considers appropriate.
       (g) Staff of Federal Agencies.--Upon request of the 
     Commission, the head of any department or agency of the 
     United States may detail, on a reimbursable basis, any of the 
     personnel of that department or agency to the Commission to 
     assist it in carrying out its duties under this section.
       (h) Other Staff and Support.--Upon the request of the 
     Commission, or a panel of the Commission, the Secretary of 
     Transportation shall provide the Commission or panel with 
     professional and administrative staff and other support, on a 
     reimbursable basis, to assist the Commission or panel in 
     carrying out its responsibilities.
       (i) Obtaining Official Data.--The Commission may secure 
     directly from any department or agency of the United States 
     information (other than information required by any statute 
     of the United States to be kept confidential by such 
     department or agency) necessary for the Commission to carry 
     out its duties under this section. Upon request of the 
     Commission, the head of that department or agency shall 
     furnish such nonconfidential information to the Commission.
       (j) Report.--Not later than 6 months after the date on 
     which initial appointments of members to the Commission are 
     completed, the Commission shall transmit to the President and 
     Congress a report on the activities of the Commission, 
     including recommendations made by the Commission under 
     subsection (c).
       (k) Termination.--The Commission shall terminate on the 
     30th day following the date of transmittal of the report 
     under subsection (j).
       (l) Applicability of the Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
                        Subtitle C--Competition

     SEC. 231. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.

       (a) Rules That Apply to All Slot Exemption Requests.--
       (1) Prompt consideration of requests.--Section 41714(i) is 
     amended to read as follows:
       ``(i) 60-Day Application Process.--
       ``(1) Request for slot exemptions.--Any slot exemption 
     request filed with the Secretary under this section or 
     section 41716 or 41717 (other than subsection (c)) shall 
     include--
       ``(A) the names of the airports to be served;
       ``(B) the times requested; and
       ``(C) such additional information as the Secretary may 
     require.
       ``(2) Action on request; failure to act.--Within 60 days 
     after a slot exemption request under this section or section 
     41716 or 41717 (other than subsection (c)) is received by the 
     Secretary, the Secretary shall--
       ``(A) approve the request if the Secretary determines that 
     the requirements of the section under which the request is 
     made are met;
       ``(B) return the request to the applicant for additional 
     information relating to the request to provide air 
     transportation; or

[[Page H662]]

       ``(C) deny the request and state the reasons for its 
     denial.
       ``(3) 60-day period tolled for timely request for more 
     information.--If the Secretary returns under paragraph (2)(B) 
     the request for additional information during the first 20 
     days after the request is filed, then the 60-day period under 
     paragraph (2) shall be tolled until the date on which the 
     additional information is filed with the Secretary.
       ``(4) Failure to determine deemed approval.--If the 
     Secretary neither approves the request under paragraph (2)(A) 
     nor denies the request under paragraph (2)(C) within the 60-
     day period beginning on the date the request is received, 
     excepting any days during which the 60-day period is tolled 
     under paragraph (3), then the request is deemed to have been 
     approved on the 61st day, after the request was filed with 
     the Secretary.''.
       (2) Exemptions may not be transferred.--Section 41714 is 
     further amended by adding at the end the following:
       ``(j) Exemptions May Not Be Transferred.--No exemption from 
     the requirements of subparts K and S of part 93 of title 14, 
     Code of Federal Regulations, granted under this section or 
     section 41716, 41717, or 41718 may be bought, sold, leased, 
     or otherwise transferred by the carrier to which it is 
     granted.''.
       (3) Equal treatment of affiliated carriers.--Section 41714 
     (as amended by paragraph (2) of this subsection) is further 
     amended by adding at the end the following:
       ``(k) Affiliated Carriers.--For purposes of this section 
     and sections 41716, 41717, and 41718, an air carrier that 
     operates under the same designator code, or has or enters 
     into a code-share agreement, with any other air carrier shall 
     not qualify for a new slot or slot exemption as a new entrant 
     or limited incumbent air carrier at an airport if the total 
     number of slots and slot exemptions held by the 2 carriers at 
     the airport exceed 20 slots and slot exemptions.''.
       (4) New entrant slots.--Section 41714(c) is amended--
       (A) by striking the subsection designation and heading and 
     ``(1) In general.--If the Secretary'' and inserting the 
     following:
       ``(c) Slots for New Entrants.--If the Secretary'';
       (B) by striking ``and the circumstances to be 
     exceptional''; and
       (C) by striking paragraph (2).
       (5) Definitions.--Section 41714(h) is amended--
       (A) by striking ``and section 41734(h)'' and inserting 
     ``and sections 41715-41718 and 41734(h)'';
       (B) in paragraph (3) by striking ``as defined'' and all 
     that follows through ``Federal Regulations''; and
       (C) by adding at the end the following:
       ``(5) 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--
       ``(A) `20' shall be substituted for `12' in sections 
     93.213(a)(5), 93.223(c)(3), and 93.225(h);
       ``(B) for purposes of such sections, the term `slot' shall 
     include `slot exemptions'; and
       ``(C) for Ronald Reagan Washington National Airport, the 
     Administrator shall not count, for the purposes of section 
     93.213(a)(5), slots currently held by an air carrier but 
     leased out on a long-term basis by that carrier for use in 
     foreign air transportation and renounced by the carrier for 
     return to the Department of Transportation or the Federal 
     Aviation Administration.
       ``(6) Regional jet.--The term `regional jet' means a 
     passenger, turbofan-powered aircraft with a certificated 
     maximum passenger seating capacity of less than 71.
       ``(7) Nonhub airport.--The term `nonhub airport' means an 
     airport that had less than .05 percent of the total annual 
     boardings in the United States as determined under the 
     Federal Aviation Administration's Primary Airport Enplanement 
     Activity Summary for Calendar Year 1997.
       ``(8) Small hub airport.--The term `small hub airport' 
     means an airport that had at least .05 percent, but less than 
     .25 percent, of the total annual boardings in the United 
     States as determined under the summary referred to in 
     paragraph (7).
       ``(9) Medium hub airport.--The term `medium hub airport' 
     means an airport that each year has at least .25 percent, but 
     less than 1.0 percent, of the total annual boardings in the 
     United States as determined under the summary referred to in 
     paragraph (7).''.
       (b) Phase-out of Slot Rules.--Chapter 417 is amended--
       (1) by redesignating sections 41715 and 41716 as sections 
     41719 and 41720; and
       (2) by inserting after section 41714 the following:

     ``Sec. 41715. Phase-out of slot rules at certain airports

       ``(a) Termination.--The rules contained in subparts S and K 
     of part 93, title 14, Code of Federal Regulations, shall not 
     apply--
       ``(1) after July 1, 2002, at Chicago O'Hare International 
     Airport; and
       ``(2) after January 1, 2007, at LaGuardia Airport or John 
     F. Kennedy International Airport.
       ``(b) Statutory Construction.--Nothing in this section and 
     sections 41714 and 41716-41718 shall be construed--
       ``(1) as affecting the Federal Aviation Administration's 
     authority for safety and the movement of air traffic; and
       ``(2) as affecting any other authority of the Secretary to 
     grant exemptions under section 41714.
       ``(c) Factors To Consider.--
       ``(1) In general.--Before the award of slot exemptions 
     under sections 41714 and 41716-41718, the Secretary of 
     Transportation may consider, among other determining factors, 
     whether the petitioning air carrier's proposal provides the 
     maximum benefit to the United States economy, including 
     the number of United States jobs created by the air 
     carrier, its suppliers, and related activities. The 
     Secretary should give equal consideration to the consumer 
     benefits associated with the award of such exemptions.
       ``(2) Applicability.--Paragraph (1) does not apply in any 
     case in which the air carrier requesting the slot exemption 
     is proposing to use under the exemption a type of aircraft 
     for which there is not a competing United States 
     manufacturer.''.
       (c) Special Rules Affecting LaGuardia Airport and John F. 
     Kennedy International Airport.--Chapter 417 (as amended by 
     subsection (b) of this section) is amended by inserting after 
     section 41715 the following:

     ``Sec. 41716. Interim slot rules at New York airports

       ``(a) Exemptions for Air Service to Small and Nonhub 
     Airports.--Subject to section 41714(i), the Secretary of 
     Transportation shall grant, by order, exemptions from the 
     requirements under subparts K and S of part 93 of title 14, 
     Code of Federal Regulations (pertaining to slots at high 
     density airports) to any air carrier to provide nonstop air 
     transportation, using an aircraft with a certificated maximum 
     seating capacity of less than 71, between LaGuardia Airport 
     or John F. Kennedy International Airport and a small hub 
     airport or nonhub airport--
        ``(1) if the air carrier was not providing such air 
     transportation during the week of November 1, 1999;
       ``(2) if the number of flights to be provided between such 
     airports by the air carrier during any week will exceed the 
     number of flights provided by the air carrier between such 
     airports during the week of November 1, 1999; or
       ``(3) if the air transportation to be provided under the 
     exemption will be provided with a regional jet as replacement 
     of turboprop air transportation that was being provided 
     during the week of November 1, 1999.
       ``(b) Exemptions for New Entrant and Limited Incumbent Air 
     Carriers.--Subject to section 41714(i), the Secretary shall 
     grant, by order, exemptions from the requirements under 
     subparts K and S of part 93 of title 14, Code of Federal 
     Regulations (pertaining to slots at high density airports), 
     to any new entrant air carrier or limited incumbent air 
     carrier to provide air transportation to or from LaGuardia 
     Airport or John F. Kennedy International Airport if the 
     number of slot exemptions granted under this subsection to 
     such air carrier with respect to such airport when added to 
     the slots and slot exemptions held by such air carrier with 
     respect to such airport does not exceed 20.
       ``(c) 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).
       ``(d) Preservation of Certain Existing Slot-Related Air 
     Service.--An air carrier that provides air transportation of 
     passengers from LaGuardia Airport or John F. Kennedy 
     International Airport to a small hub airport or nonhub 
     airport, or to an airport that is smaller than a nonhub 
     airport, on or before the date of enactment of this 
     subsection pursuant to an exemption from the requirements of 
     subparts K and S of part 93 of title 14, Code of Federal 
     Regulations (pertaining to slots at high density airports), 
     or where slots were issued to an air carrier conditioned on a 
     specific airport being served, may not terminate air 
     transportation for that route before July 1, 2003, unless--
       ``(1) before October 1, 1999, the Secretary received a 
     written air service termination notice for that route; or
       ``(2) after September 30, 1999, the air carrier submits an 
     air service termination notice under section 41719 for that 
     route and the Secretary determines that the carrier suffered 
     excessive losses, including substantial losses on operations 
     on that route during any 3 quarters of the year immediately 
     preceding the date of submission of the notice.''.
       (d) Special Rules Affecting Chicago O'Hare International 
     Airport.--
       (1) Nonstop regional jet, new entrants, and limited 
     incumbents.--Chapter 417 (as amended by subsection (c) of 
     this section) is further amended by inserting after section 
     41716 the following:

     ``Sec. 41717. Interim application of slot rules at Chicago 
       O'Hare International Airport

       ``(a) Slot Operating Window Narrowed.--Effective July 1, 
     2001, the requirements of subparts K and S of part 93 of 
     title 14, Code of Federal Regulations, do not apply with 
     respect to aircraft operating before 2:45 post meridiem and 
     after 8:14 post meridiem at Chicago O'Hare International 
     Airport.
       ``(b) Exemptions for Air Service to Small and Nonhub 
     Airports.--Effective May 1, 2000, subject to section 
     41714(i), the Secretary of Transportation shall grant, by 
     order, exemptions from the requirements of subparts K and S 
     of part 93 of title 14, Code of Federal Regulations 
     (pertaining to slots at high density airports), to any air 
     carrier to provide nonstop air transportation, using an 
     aircraft with a certificated maximum seating capacity of 
     less than 71, between Chicago O'Hare International Airport 
     and a small hub or nonhub airport--
        ``(1) if the air carrier was not providing such air 
     transportation during the week of November 1, 1999;
       ``(2) if the number of flights to be provided between such 
     airports by the air carrier during any week will exceed the 
     number of flights provided by the air carrier between such 
     airports during the week of November 1, 1999; or
       ``(3) if the air transportation to be provided under the 
     exemption will be provided with a regional jet as replacement 
     of turboprop air transportation that was being provided 
     during the week of November 1, 1999.

[[Page H663]]

       ``(c) Exemptions for New Entrant and Limited Incumbent Air 
     Carriers.--
       ``(1) In general.--The Secretary shall grant, by order, 30 
     exemptions from the requirements under subparts K and S of 
     part 93 of title 14, Code of Federal Regulations, to any new 
     entrant air carrier or limited incumbent air carrier to 
     provide air transportation to or from Chicago O'Hare 
     International Airport.
       ``(2) Deadline for granting exemptions.--The Secretary 
     shall grant an exemption under paragraph (1) within 45 days 
     of the date of the request for such exemption if the person 
     making the request qualifies as a new entrant air carrier or 
     limited incumbent air carrier.
       ``(d) Slots Used To Provide Turboprop Service.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     slot used to provide turboprop air transportation that is 
     replaced with regional jet air transportation under 
     subsection (b)(3) may not be used, sold, leased, or otherwise 
     transferred after the date the slot exemption is granted to 
     replace the turboprop air transportation.
       ``(2) Two-for-one exception.--An air carrier that otherwise 
     could not use 2 slots as a result of paragraph (1) may use 1 
     of such slots to provide air transportation.
       ``(3) Withdrawal of slot.--If the Secretary determines that 
     an air carrier that is using a slot under paragraph (2) is no 
     longer providing the air transportation that replaced the 
     turboprop air transportation, the Secretary shall withdraw 
     the slot that is being used under paragraph (2).
       ``(4) Continuation.--If the Secretary determines that an 
     air carrier that is using a slot under paragraph (2) is no 
     longer providing the air transportation that replaced the 
     turboprop air transportation with a regional jet, the 
     Secretary shall withdraw the slot being used by the air 
     carrier under paragraph (2) but shall allow the air carrier 
     to continue to hold the exemption granted to the air carrier 
     under subsection (b)(3).
       ``(e) International Service at O'Hare Airport.--
       ``(1) Termination of requirements.--Subject to paragraph 
     (2), the requirements of subparts K and S of part 93 of title 
     14, Code of Federal Regulations, shall be of no force and 
     effect at Chicago O'Hare International Airport after May 1, 
     2000, with respect to any aircraft providing foreign air 
     transportation.
       ``(2) Exception relating to reciprocity.--The Secretary may 
     limit access to Chicago O'Hare International Airport with 
     respect to foreign air transportation being provided by a 
     foreign air carrier domiciled in a country to which an air 
     carrier provides nonstop air transportation from the United 
     States if the country in which that carrier is domiciled does 
     not provide reciprocal airport access for air carriers.
       ``(f) 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).
       ``(g) Preservation of Certain Existing Slot-Related Air 
     Service.--An air carrier that provides air transportation of 
     passengers from Chicago O'Hare International Airport to a 
     small hub airport or nonhub airport, or to an airport that is 
     smaller than a nonhub airport, on or before the date of 
     enactment of this subsection pursuant to an exemption from 
     the requirements of subparts K and S of part 93 of title 14, 
     Code of Federal Regulations (pertaining to slots at high 
     density airports), or where slots were issued to an air 
     carrier conditioned on a specific airport being served, may 
     not terminate air transportation service for that route for a 
     period of 1 year after the date on which those requirements 
     cease to apply to such airport unless--
       ``(1) before October 1, 1999, the Secretary received a 
     written air service termination notice for that route; or
       ``(2) after September 30, 1999, the air carrier submits an 
     air service termination notice under section 41719 for that 
     route and the Secretary determines that the carrier suffered 
     excessive losses, including substantial losses on operations 
     on that route during the calendar quarters immediately 
     preceding submission of the notice.''.
       (2) Elimination of basic essential air service exemption 
     limit.--Section 41714(a)(3) is amended by striking ``; except 
     that'' and all that follows through ``132 slots''.
       (3) Prohibition of slot withdrawals.--Section 41714(b)(2) 
     is amended--
       (A) by inserting ``at Chicago O'Hare International 
     Airport'' after ``a slot''; and
       (B) by striking ``if the withdrawal'' and all that follows 
     through ``1993''.
       (4) Conversions.--Section 41714(b)(4) is amended to read as 
     follows:
       ``(4) Conversions of slots.--Effective May 1, 2000, slots 
     at Chicago O'Hare International Airport allocated to an air 
     carrier as of November 1, 1999, to provide foreign air 
     transportation shall be made available to such carrier to 
     provide interstate or intrastate air transportation.''.
       (5) Return of withdrawn slots.--The Secretary shall return 
     any slot withdrawn from an air carrier under section 41714(b) 
     of title 49, United States Code, before the date of enactment 
     of this Act, to that carrier on April 30, 2000.
       (e) Special Rules Affecting Reagan Washington National 
     Airport.--
       (1) In general.--Chapter 417 (as amended by subsection (d) 
     of this section) is further amended by inserting after 
     section 41717 the following:

     ``Sec. 41718. Special rules for Ronald Reagan Washington 
       National Airport

       ``(a) Beyond-Perimeter Exemptions.--The Secretary shall 
     grant, by order, 12 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 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 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; and
       ``(4) not result in meaningfully increased travel delays.
       ``(b) Within-Perimeter Exemptions.--The Secretary shall 
     grant, by order, 12 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 providing air transportation 
     to airports that were designated as medium hub or smaller 
     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 paragraph in a manner that 
     promotes air transportation--
       ``(1) by new entrant air carriers and limited incumbent air 
     carriers;
       ``(2) to communities without existing nonstop air 
     transportation to Ronald Reagan Washington National Airport;
       ``(3) to small communities;
       ``(4) that will provide competitive nonstop air 
     transportation on a monopoly nonstop route to Ronald Reagan 
     Washington National Airport; or
       ``(5) that will produce the maximum competitive benefits, 
     including low fares.
       ``(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 be for operations between the 
     hours of 10:00 p.m. and 7:00 a.m. and may not increase the 
     number of operations at Ronald Reagan Washington National 
     Airport in any 1-hour period during the hours between 7:00 
     a.m. and 9:59 p.m. by more than 2 operations.
       ``(3) Allocation of within-perimeter exemptions.--Of the 
     exemptions granted under subsection (b)--
       ``(A) 4 shall be for air transportation to small hub 
     airports and nonhub airports; and
       ``(B) 8 shall be for air transportation to medium hub and 
     smaller airports.
       ``(4) Applicability to exemption 5133.--Nothing in this 
     section affects Exemption No. 5133, as from time-to-time 
     amended and extended.
       ``(d) Application Process.--
       ``(1) Deadline for submission.--All requests for exemptions 
     under this section must be submitted to the Secretary not 
     later than the 30th day following the date of enactment of 
     this subsection.
       ``(2) Deadline for comments.--All comments with respect to 
     any request for an exemption under this section must be 
     submitted to the Secretary not later than the 45th day 
     following the date of enactment of this subsection.
       ``(3) Deadline for final decision.--Not later than the 90th 
     day following the date of enactment of this Act, the 
     Secretary shall make a decision regarding whether to approve 
     or deny any request that is submitted to the Secretary in 
     accordance with paragraph (1).
       ``(e) Applicability of Certain Laws.--Neither the request 
     for, nor the granting of an exemption, under this section 
     shall be considered for purposes of any Federal law a major 
     Federal action significantly affecting the quality of the 
     human environment.''.
       (2) 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 41718.''.
       (3) MWAA noise-related grant assurances.--
       (A) 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 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 for use at Ronald Reagan Washington National 
     Airport for fiscal year 2000 or any subsequent fiscal year--
       (i) the Authority will make available for that fiscal year 
     funds for noise compatibility planning and programs that are 
     eligible to receive funding under such chapter in an amount 
     not less than 10 percent of the amount apportioned to the 
     Ronald Reagan Washington National Airport under section 47114 
     of such title for that fiscal year; and
       (ii) the Authority will not divert funds from a high 
     priority safety project in order to make funds available for 
     noise compatibility planning and programs.
       (B) Waiver.--The Secretary may waive the requirements of 
     subparagraph (A) for any fiscal year for which the Secretary 
     determines that the Authority is in compliance with 
     applicable airport noise compatibility planning and program 
     requirements under part 150 of title 14, Code of Federal 
     Regulations.
       (C) Sunset.--This paragraph shall cease to be in effect 5 
     years after the date of enactment of this Act if on that date 
     the Secretary certifies that the Authority has achieved 
     compliance

[[Page H664]]

     with applicable noise compatibility planning and program 
     requirements under part 150 of title 14, Code of Federal 
     Regulations.
       (4) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall certify to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Transportation and Infrastructure of 
     the House of Representatives, the Governments of Maryland, 
     Virginia, and West Virginia, and the metropolitan planning 
     organization for Washington, DC, 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.
       (f) Noise Compatibility Planning and Programs.--Section 
     47117(e) is amended by adding at the end the following:
       ``(3) Priority.--The Secretary shall give priority in 
     making grants under paragraph (1)(A) to applications for 
     airport noise compatibility planning and programs at and 
     around--
       ``(A) Chicago O'Hare International Airport;
       ``(B) LaGuardia Airport;
       ``(C) John F. Kennedy International Airport; and
       ``(D) Ronald Reagan Washington National Airport.''.
       (g) Study of Community Noise Levels Around High Density 
     Airports.--The Secretary shall study community noise levels 
     in the areas surrounding the 4 high-density airports in 
     fiscal year 2001 and compare those levels with the levels in 
     such areas before 1991.
       (h) Extension of Application Approvals.--Section 49108 is 
     amended by striking ``2001'' and inserting ``2004''.
       (i) Elimination of Deadline for Appointment of Members to 
     Board of Directors.--Section 49106(c)(6) is amended by 
     striking subparagraph (C) and by redesignating subparagraph 
     (D) as subparagraph (C).
       (j) Conforming Amendments.--
       (1) Operation limitations.--Section 49111 is amended by 
     striking subsection (e).
       (2) Chapter analysis.--The analysis for subchapter I of 
     chapter 417 is amended--
       (A) redesignating the items relating to sections 41715 and 
     41716 as items relating to sections 41719 and 41720, 
     respectively; and
       (B) by inserting after the item relating to section 41714 
     the following:

``41715. Phase-out of slot rules at certain airports.
``41716. Interim slot rules at New York airports.
``41717. Interim application of slot rules at Chicago O'Hare 
              International Airport
``41718. Special Rules for Ronald Reagan Washington National 
              Airport.''.
                    TITLE III--FAA MANAGEMENT REFORM

     SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

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

     SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT.

       (a) Aviation Management Advisory Council.--
       (1) Membership.--Section 106(p)(2) is amended--
       (A) by striking ``and'' at the end of subparagraph (B); and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) 10 members representing aviation interests, appointed 
     by--
       ``(i) in the case of initial appointments to the Council, 
     the President by and with the advice and consent of the 
     Senate; and
       ``(ii) in the case of subsequent appointments to the 
     Council, the Secretary of Transportation;
       ``(D) 1 member appointed, from among individuals who are 
     the leaders of their respective unions of air traffic control 
     system employees, by--
       ``(i) in the case of initial appointments to the Council, 
     the President by and with the advice and consent of the 
     Senate; and
       ``(ii) in the case of subsequent appointments to the 
     Council, the Secretary of Transportation; and
       ``(E) 5 members appointed by the Secretary after 
     consultation with the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.''.
       (2) Qualifications.--Section 106(p)(3) is amended--
       (A) by inserting ``(A) No federal officer or employee.--'' 
     before ``No member'';
       (B) by inserting ``or (2)(E)'' after ``paragraph (2)(C)'';
       (C) by adding at the end the following:
       ``(B) Air traffic services subcommittee.--Members appointed 
     under paragraph (2)(E) shall--
       ``(i) have a fiduciary responsibility to represent the 
     public interest;
       ``(ii) be citizens of the United States; and
       ``(iii) be appointed without regard to political 
     affiliation and solely on the basis of their professional 
     experience and expertise in one or more of the following 
     areas:

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

     At least one of such members should have a background in 
     managing large organizations successfully. In the aggregate, 
     such members should collectively bring to bear expertise in 
     all of the areas described in subclauses (I) through (VI).
       ``(C) Prohibitions on members of subcommittee.--No member 
     appointed under paragraph (2)(E) may--
       ``(i) have a pecuniary interest in, or own stock in or 
     bonds of, an aviation or aeronautical enterprise, except an 
     interest in a diversified mutual fund or an interest that is 
     exempt from the application of section 208 of title 18;
       ``(ii) engage in another business related to aviation or 
     aeronautics; or
       ``(iii) be a member of any organization that engages, as a 
     substantial part of its activities, in activities to 
     influence aviation-related legislation.''; and
       (D) by indenting subparagraph (A) (as designated by 
     subparagraph (A) of this paragraph) and aligning it with 
     subparagraph (B) of such section (as added by subparagraph 
     (C) of this paragraph).
       (b) Terms of Members.--Section 106(p)(6) is amended--
       (1) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (J), (K), and (L), respectively; and
       (2) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Terms of members appointed under paragraph (2)(c).--
     Members of the Council appointed under paragraph (2)(C) shall 
     be appointed for a term of 3 years. Of the members first 
     appointed by the President under paragraph (2)(C)--
       ``(i) 3 shall be appointed for terms of 1 year;
       ``(ii) 4 shall be appointed for terms of 2 years; and
       ``(iii) 3 shall be appointed for terms of 3 years.
       ``(B) Term for air traffic control representative.--The 
     member appointed under paragraph (2)(D) shall be appointed 
     for a term of 3 years, except that the term of such 
     individual shall end whenever the individual no longer meets 
     the requirements of paragraph (2)(D).
       ``(C) Terms for air traffic services subcommittee 
     members.--The member appointed under paragraph (2)(E) shall 
     be appointed for a term of 5 years, except that of the 
     members first appointed under paragraph (2)(E)--
       ``(i) 2 members shall be appointed for a term of 3 years;
       ``(ii) 2 members shall be appointed for a term of 4 years; 
     and
       ``(iii) 1 member shall be appointed for a term of 5 years.
       ``(D) Reappointment.--An individual may not be appointed 
     under paragraph (2)(E) to more than 2 5-year terms.
       ``(E) Vacancy.--Any vacancy on the Council shall be filled 
     in the same manner as the original appointment, except that 
     any vacancy caused by a member appointed by the President 
     under paragraph (2)(C)(i) shall be filled by the Secretary in 
     accordance with paragraph (2)(C)(ii). Any member appointed to 
     fill a vacancy occurring before the expiration of the term 
     for which the member's predecessor was appointed shall be 
     appointed for the remainder of that term.
       ``(F) Continuation in office.--A member whose term expires 
     shall continue to serve until the date on which the member's 
     successor takes office.
       ``(G) Removal.--Any member of the Council appointed under 
     paragraph (2)(D) may be removed for cause by the President or 
     Secretary whoever makes the appointment. Any member of the 
     Council appointed under paragraph (2)(E) may be removed for 
     cause by the Secretary.
       ``(H) Claims against members of subcommittee.--
       ``(i) In general.--A member appointed under paragraph 
     (2)(E) shall have no personal liability under Federal law 
     with respect to any claim arising out of or resulting from an 
     act or omission by such member within the scope of service as 
     a member of the Air Traffic Services Subcommittee.
       ``(ii) Effect on other law.--This subparagraph shall not be 
     construed--

       ``(I) to affect any other immunity or protection that may 
     be available to a member of the Subcommittee under applicable 
     law with respect to such transactions;
       ``(II) to affect any other right or remedy against the 
     United States under applicable law; or
       ``(III) to limit or alter in any way the immunities that 
     are available under applicable law for Federal officers and 
     employees.

       ``(I) Ethical considerations.--
       ``(i) Financial disclosure.--During the entire period that 
     an individual appointed under paragraph (2)(E) is a member of 
     the Subcommittee, such individual shall be treated as serving 
     as an officer or employee referred to in section 101(f) of 
     the Ethics in Government Act of 1978 for purposes of title I 
     of such Act; except that section 101(d) of such Act shall 
     apply without regard to the number of days of service in the 
     position.
       ``(ii) Restrictions on post-employment.--For purposes of 
     section 207(c) of title 18, an individual appointed under 
     paragraph (2)(E) shall be treated as an employee referred to 
     in section

[[Page H665]]

     207(c)(2)(A)(i) of such title during the entire period the 
     individual is a member of the Subcommittee; except that 
     subsections (c)(2)(B) and (f) of section 207 of such title 
     shall not apply.''.
       (c) Air Traffic Services Subcommittee.--Section 106(p) is 
     amended by adding at the end the following:
       ``(7) Air traffic services subcommittee.--
       ``(A) In general.--The Management Advisory Council shall 
     have an air traffic services subcommittee (in this paragraph 
     referred to as the `Subcommittee') composed of the 5 members 
     appointed under paragraph (2)(E).
       ``(B) General responsibilities.--
       ``(i) Oversight.--The Subcommittee shall oversee the 
     administration, management, conduct, direction, and 
     supervision of the air traffic control system.
       ``(ii) Confidentiality.--The Subcommittee shall ensure that 
     appropriate confidentiality is maintained in the exercise of 
     its duties.
       ``(C) Specific responsibilities.--The Subcommittee shall 
     have the following specific responsibilities:
       ``(i) Strategic plans.--To review, approve, and monitor the 
     strategic plan for the air traffic control system, including 
     the establishment of--

       ``(I) a mission and objectives;
       ``(II) standards of performance relative to such mission 
     and objectives, including safety, efficiency, and 
     productivity; and
       ``(III) annual and long-range strategic plans.

       ``(ii) Modernization and improvement.--To review and 
     approve--

       ``(I) methods to accelerate air traffic control 
     modernization and improvements in aviation safety related to 
     air traffic control; and
       ``(II) procurements of air traffic control equipment in 
     excess of $100,000,000.

       ``(iii) Operational plans.--To review the operational 
     functions of the air traffic control system, including--

       ``(I) plans for modernization of the air traffic control 
     system;
       ``(II) plans for increasing productivity or implementing 
     cost-saving measures; and
       ``(III) plans for training and education.

       ``(iv) Management.--To--

       ``(I) review and approve the Administrator's appointment of 
     a Chief Operating Officer under section 106(r);
       ``(II) review the Administrator's selection, evaluation, 
     and compensation of senior executives of the Administration 
     who have program management responsibility over significant 
     functions of the air traffic control system;
       ``(III) review and approve the Administrator's plans for 
     any major reorganization of the Administration that would 
     impact on the management of the air traffic control system;
       ``(IV) review and approve the Administrator's cost 
     accounting and financial management structure and 
     technologies to help ensure efficient and cost-effective air 
     traffic control operation; and
       ``(V) review the performance and compensation of managers 
     responsible for major acquisition projects, including the 
     ability of the managers to meet schedule and budget targets.

       ``(v) Budget.--To--

       ``(I) review and approve the budget request of the 
     Administration related to the air traffic control system 
     prepared by the Administrator;
       ``(II) submit such budget request to the Secretary; and
       ``(III) ensure that the budget request supports the annual 
     and long-range strategic plans.

     The Secretary shall submit the budget request referred to in 
     clause (v)(II) for any fiscal year to the President who shall 
     transmit such request, without revision, to the Committees on 
     Transportation and Infrastructure and Appropriations of the 
     House of Representatives and the Committees on Commerce, 
     Science, and Transportation and Appropriations of the Senate, 
     together with the President's annual budget request for the 
     Federal Aviation Administration for such fiscal year.
       ``(D) Subcommittee personnel matters.--
       ``(i) Compensation of members.--Each member of the 
     Subcommittee shall be compensated at a rate of $25,000 per 
     year.
       ``(ii) Compensation of chairperson.--Notwithstanding clause 
     (i), the chairperson of the Subcommittee shall be compensated 
     at a rate of $40,000 per year.
       ``(iii) Staff.--The chairperson of the Subcommittee may 
     appoint and terminate any personnel that may be necessary to 
     enable the Subcommittee to perform its duties.
       ``(iv) Procurement of temporary and intermittent 
     services.--The chairperson of the Subcommittee may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5.
       ``(E) Administrative matters.--
       ``(i) Term of chair.--The members of the Subcommittee shall 
     elect for a 2-year term a chairperson from among the members 
     of the Subcommittee.
       ``(ii) Powers of chair.--Except as otherwise provided by a 
     majority vote of the Subcommittee, the powers of the 
     chairperson shall include--

       ``(I) establishing committees;
       ``(II) setting meeting places and times;
       ``(III) establishing meeting agendas; and
       ``(IV) developing rules for the conduct of business.

       ``(iii) Meetings.--The Subcommittee shall meet at least 
     quarterly and at such other times as the chairperson 
     determines appropriate.
       ``(iv) Quorum.--Three members of the Subcommittee shall 
     constitute a quorum. A majority of members present and voting 
     shall be required for the Subcommittee to take action.
       ``(F) Reports.--
       ``(i) Annual.--The Subcommittee shall each year report with 
     respect to the conduct of its responsibilities under this 
     title to the Administrator, the Council, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(ii) Additional report.--If a determination by the 
     Subcommittee under subparagraph (B)(i) that the organization 
     and operation of the air traffic control system are not 
     allowing the Administration to carry out its mission, the 
     Subcommittee shall report such determination to the 
     Administrator, the Council, the Committee on Transportation 
     and Infrastructure of the House of Representatives, and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       ``(iii) Action of administrator on report.--Not later than 
     60 days after the date of a report of the Subcommittee under 
     this subparagraph, the Administrator shall take action with 
     respect to such report. If the Administrator overturns a 
     recommendation of the Subcommittee, the Administrator shall 
     report such action to the President, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(iv) Comptroller general's report.--Not later than April 
     30, 2003, the Comptroller General of the United States shall 
     transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the success of the Subcommittee in 
     improving the performance of the air traffic control 
     system.
       ``(8) Air traffic control system defined.--In this section, 
     the term `air traffic control system' has the meaning such 
     term has under section 40102(a).''.
       (d) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of enactment of this Act.
       (2) Initial nominations to air traffic services 
     subcommittee.--The Secretary shall make the initial 
     appointments of the Air Traffic Services Subcommittee of the 
     Aviation Management Advisory Council not later than 3 months 
     after the date of enactment of this Act.
       (3) Effect on actions prior to appointment of 
     subcommittee.--Nothing in this section shall be construed to 
     invalidate the actions and authority of the Federal Aviation 
     Administration prior to the appointment of the members of the 
     Air Traffic Services Subcommittee.

     SEC. 303. CHIEF OPERATING OFFICER.

       Section 106 is amended by adding at the end the following:
       ``(r) Chief Operating Officer.--
       ``(1) In general.--
       ``(A) Appointment.--There shall be a Chief Operating 
     Officer for the air traffic control system to be appointed by 
     the Administrator, with the approval of the Air Traffic 
     Services Subcommittee of the Aviation Management Advisory 
     Council. The Chief Operating Officer shall report directly to 
     the Administrator and shall be subject to the authority of 
     the Administrator.
       ``(B) Qualifications.--The Chief Operating Officer shall 
     have a demonstrated ability in management and knowledge of or 
     experience in aviation.
       ``(C) Term.--The Chief Operating Officer shall be appointed 
     for a term of 5 years.
       ``(D) Removal.--The Chief Operating Officer shall serve at 
     the pleasure of the Administrator, except that the 
     Administrator shall make every effort to ensure stability and 
     continuity in the leadership of the air traffic control 
     system.
       ``(E) Vacancy.--Any individual appointed to fill a vacancy 
     in the position of Chief Operating Officer occurring before 
     the expiration of the term for which the individual's 
     predecessor was appointed shall be appointed for the 
     remainder of that term.
       ``(2) Compensation.--
       ``(A) In general.--The Chief Operating Officer shall be 
     paid at an annual rate of basic pay equal to the annual rate 
     of basic pay of the Administrator. The Chief Operating 
     Officer shall be subject to the post-employment provisions of 
     section 207 of title 18 as if this position were described in 
     section 207(c)(2)(A)(i) of that title.
       ``(B) Bonus.--In addition to the annual rate of basic pay 
     authorized by subparagraph (A), the Chief Operating Officer 
     may receive a bonus for any calendar year not to exceed 30 
     percent of the annual rate of basic pay, based upon the 
     Administrator's evaluation of the Chief Operating Officer's 
     performance in relation to the performance goals set forth in 
     the performance agreement described paragraph (3).
       ``(3) Annual performance agreement.--The Administrator and 
     the Chief Operating Officer, in consultation with the Air 
     Traffic Control Subcommittee of the Aviation Management 
     Advisory Committee, shall enter into an annual performance 
     agreement that sets forth measurable organization and 
     individual goals for the Chief Operating Officer in key 
     operational areas. The agreement shall be subject to review 
     and renegotiation on an annual basis.
       ``(4) Annual performance report.--The Chief Operating 
     Officer shall prepare and transmit to the Secretary of 
     Transportation and Congress an annual management report 
     containing such information as may be prescribed by the 
     Secretary.
       ``(5) Responsibilities.--The Administrator may delegate to 
     the Chief Operating Officer, or any other authority within 
     the Administration responsibilities, including the following:
       ``(A) Strategic plans.--To develop a strategic plan of the 
     Administration for the air traffic control system, including 
     the establishment of--
       ``(i) a mission and objectives;
       ``(ii) standards of performance relative to such mission 
     and objectives, including safety, efficiency, and 
     productivity; and
       ``(iii) annual and long-range strategic plans.
       ``(iv) methods of the Administration to accelerate air 
     traffic control modernization and improvements in aviation 
     safety related to air traffic control.

[[Page H666]]

       ``(B) Operations.--To review the operational functions of 
     the Administration, including--
       ``(i) modernization of the air traffic control system;
       ``(ii) increasing productivity or implementing cost-saving 
     measures; and
       ``(iii) training and education.
       ``(C) Budget.--To--
       ``(i) develop a budget request of the Administration 
     related to the air traffic control system prepared by the 
     Administrator;
       ``(ii) submit such budget request to the Administrator and 
     the Secretary of Transportation; and
       ``(iii) ensure that the budget request supports the annual 
     and long-range strategic plans developed under subparagraph 
     (A) of this subsection.''.

     SEC. 304. PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC 
                   MODERNIZATION PROJECTS.

       (a) Purpose.--It is the purpose of this section to improve 
     aviation safety and enhance mobility of the Nation's air 
     transportation system by encouraging non-Federal investment 
     on a pilot program basis in critical air traffic control 
     facilities and equipment.
       (b) In General.--Subject to the requirements of this 
     section, the Secretary shall carry out a pilot program under 
     which the Secretary may make grants to project sponsors for 
     not more than 10 eligible projects.
       (c) Federal Share.--The Federal share of the cost of an 
     eligible project carried out under the program shall not 
     exceed 33 percent. The non-Federal share of the cost of an 
     eligible project shall be provided from non-Federal sources, 
     including revenues collected pursuant to section 40117 of 
     title 49, United States Code.
       (d) Limitation on Grant Amounts.--No eligible project may 
     receive more than $15,000,000 under the program.
       (e) Funding.--The Secretary shall use amounts appropriated 
     under section 48101(a) of title 49, United States Code, for 
     fiscal years 2001 through 2003 to carry out the program.
       (f) Definitions.--In this section, the following 
     definitions apply:
       (1) Eligible project.--The term ``eligible project'' means 
     a project relating to the Nation's air traffic control system 
     that is certified or approved by the Administrator and that 
     promotes safety, efficiency, or mobility. Such projects may 
     include--
       (A) airport-specific air traffic facilities and equipment, 
     including local area augmentation systems, instrument 
     landings systems, weather and wind shear detection equipment, 
     lighting improvements, and control towers;
       (B) automation tools to effect improvements in airport 
     capacity, including passive final approach spacing tools and 
     traffic management advisory equipment; and
       (C) facilities and equipment that enhance airspace control 
     procedures, including consolidation of terminal radar control 
     facilities and equipment, or assist in en route surveillance, 
     including oceanic and offshore flight tracking.
       (2) Project sponsor.--The term ``project sponsor'' means a 
     public-use airport or a joint venture between a public-use 
     airport and 1 or more air carriers.
       (g) Transfers of Equipment.--Notwithstanding any other 
     provision of law, project sponsors may transfer, without 
     consideration, to the Federal Aviation Administration, 
     facilities, equipment, and automation tools, the purchase of 
     which was assisted by a grant made under this section. The 
     Administration shall accept such facilities, equipment, and 
     automation tools, which shall thereafter be operated and 
     maintained by the Administration in accordance with criteria 
     of the Administration.
       (h) Guidelines.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall issue advisory 
     guidelines on the implementation of the program.

     SEC. 305. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

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

     SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE.

       Section 106(f)(3)(A) is amended by adding at the end the 
     following: ``On February 1 and August 1 of each year the 
     Administrator shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a letter listing each deadline the Administrator 
     missed under this subparagraph during the 6-month period 
     ending on such date, including an explanation for missing the 
     deadline and a projected date on which the action that was 
     subject to the deadline will be taken.''.

     SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.

       (a) Personnel management system.--Section 40122 is amended 
     by adding at the end the following:
       ``(g) Personnel Management System.--
       ``(1) In general.--In consultation with the employees of 
     the Administration and such non-governmental experts in 
     personnel management systems as he may employ, and 
     notwithstanding the provisions of title 5 and other Federal 
     personnel laws, the Administrator shall develop and 
     implement, not later than January 1, 1996, a personnel 
     management system for the Administration that addresses the 
     unique demands on the agency's workforce. Such a new system 
     shall, at a minimum, provide for greater flexibility in the 
     hiring, training, compensation, and location of personnel.
       ``(2) Applicability of title 5.--The provisions of title 5 
     shall not apply to the new personnel management system 
     developed and implemented pursuant to paragraph (1), with the 
     exception of--
       ``(A) section 2302(b), relating to whistleblower 
     protection, including the provisions for investigation and 
     enforcement as provided in chapter 12 of title 5;
       ``(B) sections 3308-3320, relating to veterans' preference;
       ``(C) chapter 71, relating to labor-management relations;
       ``(D) section 7204, relating to antidiscrimination;
       ``(E) chapter 73, relating to suitability, security, and 
     conduct;
       ``(F) chapter 81, relating to compensation for work injury;
       ``(G) chapters 83-85, 87, and 89, relating to retirement, 
     unemployment compensation, and insurance coverage; and
       ``(H) sections 1204, 1211-1218, 1221, and 7701-7703, 
     relating to the Merit Systems Protection Board.
       ``(3) Appeals to merit systems protection board.--Under the 
     new personnel management system developed and implemented 
     under paragraph (1), an employee of the 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.
       ``(4) Effective date.--This subsection shall take effect on 
     April 1, 1996.''.
       (b) Acquisition Management System.--Section 40110 is 
     amended by adding at the end the following:
       ``(d) Acquisition Management System.--
       ``(1) In general.--In consultation with such non-
     governmental experts in acquisition management systems as the 
     Administrator may employ, and notwithstanding provisions of 
     Federal acquisition law, the Administrator shall develop and 
     implement, not later than January 1, 1996, an acquisition 
     management system for the Administration that addresses the 
     unique needs of the agency and, at a minimum, provides for 
     more timely and cost-effective acquisitions of equipment and 
     materials.
       ``(2) Applicability of federal acquisition law.--The 
     following provisions of Federal acquisition law shall not 
     apply to the new acquisition management system developed and 
     implemented pursuant to paragraph (1):
       ``(A) Title III of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 252-266).
       ``(B) The Office of Federal Procurement Policy Act (41 
     U.S.C. 401 et seq.).
       ``(C) The Federal Acquisition Streamlining Act of 1994 
     (Public Law 103-355).
       ``(D) The Small Business Act (15 U.S.C. 631 et seq.), 
     except that all reasonable opportunities to be awarded 
     contracts shall be provided to small business concerns and 
     small business concerns owned and controlled by socially and 
     economically disadvantaged individuals.
       ``(E) The Competition in Contracting Act.
       ``(F) Subchapter V of chapter 35 of title 31, relating to 
     the procurement protest system.
       ``(G) The Brooks Automatic Data Processing Act (40 U.S.C. 
     759).
       ``(H) The Federal Acquisition Regulation and any laws not 
     listed in subparagraphs (A) through (G) providing authority 
     to promulgate regulations in the Federal Acquisition 
     Regulation.
       ``(3) Certain provisions of the office of federal 
     procurement policy act.--Notwithstanding paragraph (2)(B), 
     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 paragraph (1) with the 
     following modifications:
       ``(A) Subsections (f) and (g) shall not apply.
       ``(B) Within 90 days after the date of enactment of the 
     Wendell H. Ford Aviation Investment and Reform Act for the 
     21st Century, the Administrator shall adopt definitions for 
     the acquisition management system that are consistent with 
     the purpose and intent of the Office of Federal Procurement 
     Policy Act.
       ``(C) 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.
       ``(D) 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.
       ``(4) Effective date.--This subsection shall take effect on 
     April 1, 1996.''.
       (c) Conforming Amendments.--
       (1) Section 106.--Section 106(l)(1) is amended by striking 
     ``section 40122(a) of this title and section 347 of Public 
     Law 104-50'' and inserting ``subsections (a) and (g) of 
     section 40122''.
       (2) Section 40121.--Section 40121(c)(2) is amended by 
     striking ``section 348(b) of Public Law 104-50'' and 
     inserting ``section 40110(d)(2) of this title''.
       (3) Federal aviation reauthorization act of 1996.--Section 
     274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization 
     Act of 1996 (49 U.S.C. 40101 note) is amended by striking 
     ``sections 347 and 348 of Public Law 104-50'' and inserting 
     ``sections 40110(d) and 40122(g) of title 49, United States 
     Code''.

[[Page H667]]

       (d) Repeal.--Sections 347 and 348 of Public Law 104-50 (109 
     Stat. 460-461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are 
     repealed.

     SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.

       (a) Mediation.--Section 40122(a)(2) is amended by adding at 
     the end the following: ``The 60-day period shall not include 
     any period during which Congress has adjourned sine die.''.
       (b) Right To Contest Adverse Personnel Actions.--Section 
     40122 (as amended by section 307(a) of this Act) is further 
     amended by adding at the end the following:
       ``(h) Right To Contest Adverse Personnel Actions.--An 
     employee of the Federal Aviation Administration who is the 
     subject of a major adverse personnel action may contest the 
     action either through any contractual grievance procedure 
     that is applicable to the employee as a member of the 
     collective bargaining unit or through the Administration's 
     internal process relating to review of major adverse 
     personnel actions of the Administration, known as Guaranteed 
     Fair Treatment, or under section 40122(g)(3).
       ``(i) Election of Forum.--Where a major adverse personnel 
     action may be contested through more than one of the 
     indicated forums (such as the contractual grievance 
     procedure, the Federal Aviation Administration's internal 
     process, or that of the Merit Systems Protection Board), an 
     employee must elect the forum through which the matter will 
     be contested. Nothing in this section is intended to allow an 
     employee to contest an action through more than one forum 
     unless otherwise allowed by law.
       ``(j) Definition.--In this section, the term `major adverse 
     personnel action' means a suspension of more than 14 days, a 
     reduction in pay or grade, a removal for conduct or 
     performance, a nondisciplinary removal, a furlough of 30 days 
     or less (but not including placement in a nonpay status as 
     the result of a lapse of appropriations or an enactment by 
     Congress), or a reduction in force action.''.

     SEC. 309. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.

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

     SEC. 310. ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT 
                   PROJECTS.

       (a) Study.--The Secretary shall conduct a study of Federal 
     environmental requirements related to the planning and 
     approval of airport improvement projects.
       (b) Contents.--In conducting the study, the Secretary, at a 
     minimum, shall assess--
       (1) the current level of coordination among Federal and 
     State agencies in conducting environmental reviews in the 
     planning and approval of airport improvement projects;
       (2) the role of public involvement in the planning and 
     approval of airport improvement projects;
       (3) the staffing and other resources associated with 
     conducting such environmental reviews; and
       (4) the time line for conducting such environmental 
     reviews.
       (c) Consultation.--The Secretary shall conduct the study in 
     consultation with the Administrator, the heads of other 
     appropriate Federal departments and agencies, airport 
     sponsors, the heads of State aviation agencies, 
     representatives of the design and construction industry, 
     representatives of employee organizations, and 
     representatives of public interest groups.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this 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 on the 
     results of the study, together with recommendations for 
     streamlining, if appropriate, the environmental review 
     process in the planning and approval of airport 
     improvement projects.

     SEC. 311. COST ALLOCATION SYSTEM.

       (a) Report.--Not later than July 9, 2000, the Administrator 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the cost allocation system 
     currently under development by the Federal Aviation 
     Administration.
       (b) Contents.--The report shall include a specific date for 
     completion and implementation of the cost allocation system 
     throughout the Administration and shall also include the 
     timetable and plan for the implementation of a cost 
     management system.

     SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.

       The Administrator shall report to 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.
                      TITLE IV--FAMILY ASSISTANCE

     SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY 
                   BOARD.

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

     SEC. 402. AIR CARRIER PLANS.

       (a) Contents of Plans.--
       (1) Flight reservation information.--Section 41113(b) is 
     amended by adding at the end the following:
       ``(14) An assurance that, upon request of the family of a 
     passenger, the air carrier will inform the family of whether 
     the passenger's name appeared on a preliminary passenger 
     manifest for the flight involved in the accident.''.
       (2) Training of employees and agents.--Section 41113(b) is 
     further amended by adding at the end the following:
       ``(15) An assurance that the air carrier will provide 
     adequate training to the employees and agents of the carrier 
     to meet the needs of survivors and family members following 
     an accident.''.
       (3) Consultation on carrier response not covered by plan.--
     Section 41113(b) is further amended by adding at the end the 
     following:

[[Page H668]]

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

     SEC. 403. FOREIGN AIR CARRIER PLANS.

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

     SEC. 404. DEATH ON THE HIGH SEAS.

       (a) Right of Action in Commercial Aviation Accidents.--The 
     first section of the Act of March 30, 1920 (46 U.S.C. App. 
     761; popularly known as the ``Death on the High Seas Act'') 
     is amended--
       (1) by inserting ``(a) subject to subsection (b),'' before 
     ``whenever''; and
       (2) by adding at the end the following:
       ``(b) In the case of a commercial aviation accident, 
     whenever the death of a person shall be caused by wrongful 
     act, neglect, or default occurring on the high seas 12 
     nautical miles or closer to the shore of any State, or the 
     District of Columbia, or the Territories or dependencies of 
     the United States, this Act shall not apply and the rules 
     applicable under Federal, State, and other appropriate law 
     shall apply.''.
       (b) Compensation in Commercial Aviation Accidents.--Section 
     2 of such Act (46 U.S.C. App. 762) is amended--
       (1) by inserting ``(a)'' before ``the recovery''; and
       (2) by adding at the end the following:
       ``(b)(1) If the death resulted from a commercial aviation 
     accident occurring on the high seas beyond 12 nautical miles 
     from the shore of any State, or the District of Columbia, or 
     the Territories or dependencies of the United States, 
     additional compensation for nonpecuniary damages for wrongful 
     death of a decedent is recoverable. Punitive damages are not 
     recoverable.
       ``(2) In this subsection, the term `nonpecuniary damages' 
     means damages for loss of care, comfort, and 
     companionship.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to any death occurring after July 16, 
     1996.
                            TITLE V--SAFETY

     SEC. 501. AIRPLANE EMERGENCY LOCATORS.

       (a) Requirement.--Section 44712 is amended--
       (1) in subsection (b) by striking ``Subsection (a) of this 
     section'' and inserting ``Prior to January 1, 2002, 
     subsection (a)'';
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by inserting after subsection (b) the following:
       ``(c) Nonapplication Beginning on January 1, 2002.--
       ``(1) In general.--Subject to paragraph (2), on and after 
     January 1, 2002, subsection (a) does not apply to--
       ``(A) aircraft when used in scheduled flights by scheduled 
     air carriers holding certificates issued by the Secretary of 
     Transportation under subpart II of this part;
       ``(B) aircraft when used in training operations conducted 
     entirely within a 50-mile radius of the airport from which 
     the training operations begin;
       ``(C) aircraft when used in flight operations related to 
     the design and testing, manufacture, preparation, and 
     delivery of aircraft;
       ``(D) aircraft when used in research and development if the 
     aircraft holds a certificate from the Administrator of the 
     Federal Aviation Administration to carry out such research 
     and development;
       ``(E) aircraft when used in showing compliance with 
     regulations, crew training, exhibition, air racing, or market 
     surveys;
       ``(F) aircraft when used in the aerial application of a 
     substance for an agricultural purpose;
       ``(G) aircraft with a maximum payload capacity of more than 
     18,000 pounds when used in air transportation; or
       ``(H) aircraft equipped to carry only one individual.
       ``(2) Delay in implementation.--The Administrator of the 
     Federal Aviation Administration may continue to implement 
     subsection (b) rather than subsection (c) for a period not to 
     exceed 2 years after January 1, 2002, if the Administrator 
     finds such action is necessary to promote--
       ``(A) a safe and orderly transition to the operation of 
     civil aircraft equipped with an emergency locator; or
       ``(B) other safety objectives.
       ``(d) Compliance.--An aircraft meets the requirement of 
     subsection (a) if it is equipped with an emergency locator 
     transmitter that transmits on the 121.5/243 megahertz 
     frequency or the 406 megahertz frequency or with other 
     equipment approved by the Secretary for meeting the 
     requirement of subsection (a).''.
       (b) Regulations.--The Secretary shall issue regulations to 
     carry out section 44712(c) of title 49, United States Code, 
     as amended by this section, not later than January 1, 2001.

     SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.

       Section 44716 is amended by adding at the end the 
     following:
       ``(g) Cargo Collision Avoidance Systems.--
       ``(1) In general.--The Administrator shall require by 
     regulation that, no later than December 31, 2002, collision 
     avoidance equipment be installed on each cargo aircraft with 
     a maximum certificated takeoff weight in excess of 15,000 
     kilograms.
       ``(2) Extension of deadline.--The Administrator may extend 
     the deadline established by paragraph (1) by not more than 2 
     years if the Administrator finds that the extension is needed 
     to promote--
       ``(A) a safe and orderly transition to the operation of a 
     fleet of cargo aircraft equipped with collision avoidance 
     equipment; or
       ``(B) other safety or public interest objectives.
       ``(3) Collision avoidance equipment defined.--In this 
     subsection, the term `collision avoidance equipment' means 
     equipment that provides protection from mid-air collisions 
     using technology that provides--
       ``(A) cockpit-based collision detection and conflict 
     resolution guidance, including display of traffic; and
       ``(B) a margin of safety of at least the same level as 
     provided by the collision avoidance system known as TCAS-
     II.''.

     SEC. 503. LANDFILLS INTERFERING WITH AIR COMMERCE.

       (a) Findings.--Congress finds that--
       (1) collisions between aircraft and birds have resulted in 
     fatal accidents;
       (2) bird strikes pose a special danger to smaller aircraft;
       (3) landfills near airports pose a potential hazard to 
     aircraft operating there because they attract birds;
       (4) even if the landfill is not located in the approach 
     path of the airport's runway, it still poses a hazard because 
     of the birds' ability to fly away from the landfill and into 
     the path of oncoming planes;
       (5) while certain mileage limits have the potential to be 
     arbitrary, keeping landfills at least 6 miles away from an 
     airport, especially an airport served by small planes, is an 
     appropriate minimum requirement for aviation safety; and
       (6) closure of existing landfills (due to concerns about 
     aviation safety) should be avoided because of the likely 
     disruption to those who use and depend on such landfills.
       (b) Limitation on Construction.--Section 44718(d) is 
     amended to read as follows:
       ``(d) Limitation on Construction of Landfills.--
       ``(1) In general.--No person shall construct or establish a 
     municipal solid waste landfill (as defined in section 258.2 
     of title 40, Code of Federal Regulations, as in effect on the 
     date of enactment of this subsection) that receives 
     putrescible waste (as defined in section 257.3-8 of such 
     title) within 6 miles of a public airport that has received 
     grants under chapter 471 and is primarily served by general 
     aviation aircraft and regularly scheduled flights of aircraft 
     designed for 60 passengers or less unless the State aviation 
     agency of the State in which the airport is located requests 
     that the Administrator of the Federal Aviation Administration 
     exempt the landfill from the application of this subsection 
     and the Administrator determines that such exemption would 
     have no adverse impact on aviation safety.
       ``(2) Limitation on applicability.--Paragraph (1) shall not 
     apply in the State of Alaska

[[Page H669]]

     and shall not apply to the construction, establishment, 
     expansion, or modification of, or to any other activity 
     undertaken with respect to, a municipal solid waste landfill 
     if the construction or establishment of the landfill was 
     commenced on or before the date of enactment of this 
     subsection.''.
       (c) Civil Penalty for Violations of Limitation on 
     Construction of Landfills.--Section 46301(a)(3) is amended--
       (1) in subparagraph (A) by striking ``or'' at the end;
       (2) in subparagraph (B) by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(C) a violation of section 44718(d), relating to the 
     limitation on construction or establishment of landfills;''.

     SEC. 504. LIFE-LIMITED AIRCRAFT PARTS.

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

     ``Sec. 44725. Life-limited aircraft parts

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration shall conduct a rulemaking proceeding 
     to require the safe disposition of life-limited parts removed 
     from an aircraft. The rulemaking proceeding shall ensure that 
     the disposition deter installation on an aircraft of a life-
     limited part that has reached or exceeded its life limits.
       ``(b) Safe Disposition.--For the purposes of this section, 
     safe disposition includes any of the following methods:
       ``(1) The part may be segregated under circumstances that 
     preclude its installation on an aircraft.
       ``(2) The part may be permanently marked to indicate its 
     used life status.
       ``(3) The part may be destroyed in any manner calculated to 
     prevent reinstallation in an aircraft.
       ``(4) The part may be marked, if practicable, to include 
     the recordation of hours, cycles, or other airworthiness 
     information. If the parts are marked with cycles or hours of 
     usage, that information must be updated every time the part 
     is removed from service or when the part is retired from 
     service.
       ``(5) Any other method approved by the Administrator.
       ``(c) Deadlines.--In conducting the rulemaking proceeding 
     under subsection (a), the Administrator shall--
       ``(1) not later than 180 days after the date of enactment 
     of this section, issue a notice of proposed rulemaking; and
       ``(2) not later than 180 days after the close of the 
     comment period on the proposed rule, issue a final rule.
       ``(d) Prior-Removed Life-Limited Parts.--No rule issued 
     under subsection (a) shall require the marking of parts 
     removed from aircraft before the effective date of the rules 
     issued under subsection (a), nor shall any such rule forbid 
     the installation of an otherwise airworthy life-limited 
     part.''.
       (b) Civil Penalty.--Section 46301(a)(3) (as amended by 
     section 503(c) of this Act) is further amended by adding at 
     the end the following:
       ``(D) a violation of section 44725, relating to the safe 
     disposal of life-limited aircraft parts; or''.
       (c) Conforming Amendment.--The analysis for chapter 447 is 
     amended by adding at the end the following:

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

     SEC. 505. COUNTERFEIT AIRCRAFT PARTS.

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

     ``Sec. 44726. 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), the Administrator of 
     the Federal Aviation Administration may not issue a 
     certificate under this chapter to any person--
       ``(A) convicted in a court of law of a violation of a law 
     of the United States relating to the installation, 
     production, repair, or sale of a counterfeit or fraudulently-
     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), 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 in a court of law of a violation of a 
     law of the United States relating to the installation, 
     production, repair, or sale of a counterfeit or fraudulently-
     represented aviation part or material; or
       ``(B) knowingly, and with the intent to defraud, carried 
     out or facilitated an activity punishable under a law 
     described in paragraph (1)(A).
       ``(2) No authority to review violation.--In carrying out 
     paragraph (1), the Administrator may not review whether a 
     person violated a law described in paragraph (1)(A).
       ``(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 the appeal, `person' 
     shall be substituted for `individual' each place it appears.
       ``(e) Acquittal or Reversal.--
       ``(1) In general.--The Administrator may not revoke, and 
     the National Transportation Safety Board may not affirm a 
     revocation of, a certificate under subsection (b)(1)(B) if 
     the holder of the certificate or the individual referred to 
     in subsection  (b)(1) is acquitted of all charges directly 
     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; and
       ``(B)(i) the former holder or the individual referred to in 
     subsection (b)(1), is acquitted of all charges related to the 
     violation on which the revocation was based; or
       ``(ii) the conviction of the former holder or such 
     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) if--
       ``(1) a law enforcement official of the United States 
     Government 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, and with intent to defraud, 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 analysis for such chapter is 
     further amended by adding at the end the following:

``44726. Denial and revocation of certificate for counterfeit parts 
              violations.''.

       (b) Prohibition on Employment.--Section 44711 is amended by 
     adding at the end the following:
       ``(c) Prohibition on Employment of Convicted Counterfeit 
     Part Traffickers.--No person subject to this chapter may 
     knowingly 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 in a court of law of a 
     violation of any Federal law relating to the installation, 
     production, repair, or sale of a counterfeit or fraudulently-
     represented aviation part or material.''.

     SEC. 506. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE 
                   VEHICLE PARTS IN INTERSTATE OR FOREIGN 
                   COMMERCE.

       (a) Short Title.--This section may be cited as the 
     ``Aircraft Safety Act of 2000''.
       (b) Definitions.--Section 31 of title 18, United States 
     Code, is amended by striking all after the section heading 
     and inserting the following:
       ``(a) Definitions.--In this chapter, the following 
     definitions apply:
       ``(1) Aircraft.--The term `aircraft' means a civil, 
     military, or public contrivance invented, used, or designed 
     to navigate, fly, or travel in the air.
       ``(2) Aviation quality.--The term `aviation quality', with 
     respect to a part of an aircraft or space vehicle, means the 
     quality of having been manufactured, constructed, produced, 
     maintained, repaired, overhauled, rebuilt, reconditioned, or 
     restored in conformity with applicable standards specified by 
     law (including applicable regulations).
       ``(3) Destructive substance.--The term `destructive 
     substance' means an explosive substance, flammable material, 
     infernal machine, or other chemical, mechanical, or 
     radioactive device or matter of a combustible, contaminative, 
     corrosive, or explosive nature.
       ``(4) In flight.--The term `in flight' means--
       ``(A) any time from the moment at which all the external 
     doors of an aircraft are closed following embarkation until 
     the moment when any such door is opened for disembarkation; 
     and
       ``(B) in the case of a forced landing, until competent 
     authorities take over the responsibility for the aircraft and 
     the persons and property on board.
       ``(5) In service.--The term `in service' means--
       ``(A) any time from the beginning of preflight preparation 
     of an aircraft by ground personnel or by the crew for a 
     specific flight until 24 hours after any landing; and
       ``(B) in any event includes the entire period during which 
     the aircraft is in flight.
       ``(6) Motor vehicle.--The term `motor vehicle' means every 
     description of carriage or other contrivance propelled or 
     drawn by mechanical power and used for commercial purposes on 
     the highways  in the transportation of passengers, passengers 
     and property, or property or cargo.
       ``(7) Part.--The term `part' means a frame, assembly, 
     component, appliance, engine, propeller, material, part, 
     spare part, piece, section, or related integral or auxiliary 
     equipment.
       ``(8) Space vehicle.--The term `space vehicle' means a man-
     made device, either manned or unmanned, designed for 
     operation beyond the Earth's atmosphere.

[[Page H670]]

       ``(9) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       ``(10) Used for commercial purposes.--The term `used for 
     commercial purposes' means the carriage of persons or 
     property for any fare, fee, rate, charge or other 
     consideration, or directly or indirectly in connection with 
     any business, or other undertaking intended for profit.
       ``(b) Terms Defined in Other Law.--In this chapter, the 
     terms `aircraft engine', `air navigation facility', 
     `appliance', `civil aircraft', `foreign air commerce', 
     `interstate air commerce', `landing area', `overseas air 
     commerce', `propeller', `spare part', and `special aircraft 
     jurisdiction of the United States' have the meanings given 
     those terms in sections 40102(a) and 46501 of title 49.''.
       (c) Fraud.--
       (1) In general.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 38. Fraud involving aircraft or space vehicle parts in 
       interstate or foreign commerce

       ``(a) Offenses.--Whoever, in or affecting interstate or 
     foreign commerce, knowingly and with the intent to defraud--
       ``(1)(A) falsifies or conceals a material fact concerning 
     any aircraft or space vehicle part;
       ``(B) makes any materially fraudulent representation 
     concerning any aircraft or space vehicle part; or
       ``(C) makes or uses any materially false writing, entry, 
     certification, document, record, data plate, label, or 
     electronic communication concerning any aircraft or space 
     vehicle part;
       ``(2) exports from or imports or introduces into the United 
     States, sells, trades, installs on or in any aircraft or 
     space vehicle any aircraft or space vehicle part using or by 
     means of a fraudulent representation, document, record, 
     certification, depiction, data plate, label, or electronic 
     communication; or
       ``(3) attempts or conspires to commit an offense described 
     in paragraph (1) or (2);
     shall be punished as provided in subsection (b).
       ``(b) Penalties.--The punishment for an offense under 
     subsection (a) is as follows:
       ``(1) Aviation quality.--If the offense relates to the 
     aviation quality of a part and the part is installed in an 
     aircraft or space vehicle, a fine of not more than $500,000, 
     imprisonment for not more than 15 years, or both.
       ``(2) Failure to operate as represented.--If, by reason of 
     the failure of the part to operate as represented, the part 
     to which the offense is related is the proximate cause of a 
     malfunction or failure that results in serious bodily injury 
     (as defined in section 1365), a fine of not more than 
     $1,000,000, imprisonment for not more than 20 years, or both.
       ``(3) Failure resulting in death.--If, by reason of the 
     failure of the part to operate as represented, the part to 
     which the offense is related is the proximate cause of a 
     malfunction or failure that results in the death of any 
     person, a fine of not more than $1,000,000, imprisonment for 
     any term of years or life, or both.
       ``(4) Other circumstances.--In the case of an offense under 
     subsection (a) not described in paragraph (1), (2), or (3) of 
     this subsection, a fine under this title, imprisonment for 
     not more than 10 years, or both.
       ``(5) Organizations.--If the offense is committed by an 
     organization, a fine of not more than--
       ``(A) $10,000,000 in the case of an offense described in 
     paragraph (1) or (4); and
       ``(B) $20,000,000 in the case of an offense described in 
     paragraph (2) or (3).
       ``(c) Civil Remedies.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction to prevent and restrain violations of 
     this section by issuing appropriate orders, including--
       ``(A) ordering a person (convicted of an offense under this 
     section) to divest any interest, direct or indirect, in any 
     enterprise used to commit or facilitate the commission of the 
     offense, or to destroy, or to mutilate and sell as scrap, 
     aircraft material or part inventories or stocks;
       ``(B) imposing reasonable restrictions on the future 
     activities or investments of any such person, including 
     prohibiting engagement in the same type of endeavor as used 
     to commit the offense; and
       ``(C) ordering the dissolution or reorganization of any 
     enterprise knowingly used to commit or facilitate the 
     commission of an offense under this section making due 
     provisions for the rights and interests of innocent persons.
       ``(2) Restraining orders and prohibition.--Pending final 
     determination of a proceeding brought under this section, the 
     court may enter such restraining orders or prohibitions, or 
     take such other actions (including the acceptance of 
     satisfactory performance bonds) as the court deems proper.
       ``(3) Estoppel.--A final judgment rendered in favor of the 
     United States in any criminal proceeding brought under this 
     section shall stop the defendant from denying the essential 
     allegations of the criminal offense in any subsequent civil 
     proceeding brought by the United States.
       ``(d) Criminal Forfeiture.--
       ``(1) In general.--The court, in imposing sentence on any 
     person convicted of an offense under this section, shall 
     order, in addition to any other sentence and irrespective of 
     any provision of State law, that the person forfeit to the 
     United States--
       ``(A) any property constituting, or derived from, any 
     proceeds that the person obtained, directly or indirectly, as 
     a result of the offense; and
       ``(B) any property used, or intended to be used in any 
     manner, to commit or facilitate the commission of the 
     offense, if the court in its discretion so determines, taking 
     into consideration the nature, scope, and proportionality of 
     the use of the property on the offense.
       ``(2) Application of other law.--The forfeiture of property 
     under this section, including any seizure and disposition of 
     the property, and any proceedings relating to the property, 
     shall be governed by section 413 of the Comprehensive Drug 
     Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not 
     including subsection (d) of that section).
       ``(e) Construction With Other Law.--This section does not 
     preempt or displace any other remedy, civil or criminal, 
     provided by Federal or State law for the fraudulent 
     importation, sale, trade, installation, or introduction into 
     commerce of an aircraft or space vehicle part.
       ``(f) Territorial Scope.--This section also applies to 
     conduct occurring outside the United States if--
       ``(1) the offender is a natural person who is a citizen or 
     permanent resident alien of the United States, or an 
     organization organized under the laws of the United States or 
     political subdivision thereof;
       ``(2) the aircraft or spacecraft part as to which the 
     violation relates was installed in an aircraft or space 
     vehicle owned or operated at the time of the offense by a 
     citizen or permanent resident alien of the United States, or 
     by an organization thereof; or
       ``(3) an act in furtherance of the offense was committed in 
     the United States.''.
       (2) Conforming amendments.--
       (A) Chapter analysis.--The analysis for chapter 2 of title 
     18, United States Code, is amended by adding at the end the 
     following:

``38. Fraud involving aircraft or space vehicle parts in interstate or 
              foreign commerce.''.
       (B) Wire and electronic communications.--Section 2516(1)(c) 
     of title 18, United States Code, is amended by inserting 
     ``section 38 (relating to aircraft parts fraud),'' after 
     ``section 32 (relating to destruction of aircraft or aircraft 
     facilities),''.

     SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.

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

     SEC. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

       (a) Flexibility To Perform Criminal History Record 
     Checks.--Section 44936(a)(1)(C) is amended--
       (1) in clause (iii) by striking ``or'';
       (2) in clause (iv) by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(v) the Administrator decides it is necessary to ensure 
     air transportation security with respect to passenger, 
     baggage, or property screening at airports.''.
       (b) Records of Employment of Pilot Applicants.--Section 
     44936(f) is amended--
       (1) in paragraph (1)(B) by inserting ``(except a branch of 
     the United States Armed Forces, the National Guard, or a 
     reserve component of the United States Armed Forces)'' after 
     ``person'' the first place it appears;
       (2) in paragraph (1)(B)(ii) by striking ``individual'' the 
     first place it appears and inserting ``individual's 
     performance as a pilot'';
       (3) in paragraph (5) by striking the period at the end of 
     the first sentence and inserting ``; except that, for 
     purposes of paragraph (15), the Administrator may allow an 
     individual designated by the Administrator to accept and 
     maintain written consent on behalf of the Administrator for 
     records requested under paragraph (1)(A).'';
       (4) in paragraph (13)--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) before the semicolon in subparagraph (A)(i) insert 
     ``and disseminated under paragraph (15)'';
       (5) in paragraph (14)(B) by inserting ``or from a foreign 
     government or entity that employed the individual'' after 
     ``exists''; and
       (6) by adding at the end the following:
       ``(15) Electronic access to faa records.--For the purpose 
     of increasing timely and efficient access to Federal Aviation 
     Administration records described in paragraph (1), the 
     Administrator may allow, under terms established by the 
     Administrator, an individual designated by the air carrier to 
     have electronic access to a specified database containing 
     information about such records. The terms shall limit such 
     access to instances in which information in the database is 
     required by the designated individual in making a hiring 
     decision concerning a pilot applicant and shall require that 
     the designated individual provide assurances satisfactory to 
     the Administrator that information obtained using such access 
     will not be used for any purpose other than making the hiring 
     decision.''.

     SEC. 509. 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) General Criminal Penalty.--An individual shall be 
     fined under title 18 or 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

[[Page H671]]

     operating an aircraft in air transportation 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 to operate an aircraft in air 
     transportation an individual who does not have an airman's 
     certificate authorizing the individual to serve in that 
     capacity.
       ``(b) Controlled Substance Criminal Penalty.--
       ``(1) Controlled substances defined.--In this subsection, 
     the term `controlled substance' has the meaning given that 
     term in section 102 of the Comprehensive Drug Abuse 
     Prevention and Control Act of 1970 (21 U.S.C. 802).
       ``(2) Criminal penalty.--An individual violating subsection 
     (a) shall be fined under title 18 or 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) Terms of imprisonment.--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) Conforming Amendment.--The analysis for chapter 463 is 
     amended by adding at the end the following:

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

     SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

       Not later than 60 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 
     title 14, Code of Federal 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. 511. PENALTIES FOR UNRULY PASSENGERS.

       (a) In General.--Chapter 463 (as amended by section 509 of 
     this Act) is further amended by adding at the end the 
     following:

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

       ``(a) General Rule.--An individual who physically assaults 
     or threatens to physically assault a member of the flight 
     crew or cabin crew of a civil aircraft or any other 
     individual on the aircraft, or takes any action that poses an 
     imminent threat to the safety of the aircraft or other 
     individuals on the aircraft is liable to the United States 
     Government for a civil penalty of not more than $25,000.
       ``(b) Compromise and Setoff.--
       ``(1) Compromise.--The Secretary may compromise the amount 
     of a civil penalty imposed under this section.
       ``(2) Setoff.--The United States Government may deduct the 
     amount of a civil penalty imposed or compromised under this 
     section from amounts the Government owes the person liable 
     for the penalty.''.
       (b) Conforming Amendment.--The analysis for chapter 463 is 
     further amended by adding at the end the following:
``46318. Interference with cabin or flight crew.''.

     SEC. 512. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICERS.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Aircraft.--The term ``aircraft'' 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 such section.
       (3) Program.--The term ``program'' means the program 
     established under subsection (b)(1)(A).
       (b) Establishment of a Program To Deputize Local Law 
     Enforcement Officers.--
       (1) In general.--The Attorney General may--
       (A) establish a program under which the Attorney General 
     may deputize State and local law enforcement officers having 
     jurisdiction over airports and airport authorities as Deputy 
     United States Marshals for the limited purpose of enforcing 
     Federal laws that regulate security on board aircraft, 
     including laws relating to violent, abusive, or disruptive 
     behavior by passengers in air transportation; and
       (B) encourage the participation of law enforcement officers 
     of State and local governments in the program.
       (2) Consultation.--In establishing the program, the 
     Attorney General shall consult with appropriate officials 
     of--
       (A) the United States Government (including the 
     Administrator or a designated representative of the 
     Administrator); and
       (B) State and local governments in any geographic area in 
     which the program may operate.
       (3) Training and background of law enforcement officers.--
       (A) In general.--Under the program, to qualify to serve as 
     a Deputy United States Marshal under the program, a State or 
     local law enforcement officer shall--
       (i) meet the minimum background and training requirements 
     for a law enforcement officer under part 107 of title 14, 
     Code of Federal Regulations (or equivalent requirements 
     established by the Attorney General); and
       (ii) receive approval to participate in the program from 
     the State or local law enforcement agency that is the 
     employer of that law enforcement officer.
       (B) Training not federal responsibility.--The United States 
     Government shall not be responsible for providing to a State 
     or local law enforcement officer the training required to 
     meet the training requirements under subparagraph (A)(i). 
     Nothing in this subsection may be construed to grant any such 
     law enforcement officer the right to attend any institution 
     of the United States Government established to provide 
     training to law enforcement officers of the United States 
     Government.
       (c) Powers and Status of Deputized Law Enforcement 
     Officers.--
       (1) In general.--Subject to paragraph (2), a State or local 
     law enforcement officer that is deputized as a Deputy United 
     States Marshal under the program may arrest and apprehend an 
     individual suspected of violating any Federal law described 
     in subsection (b)(1)(A), including any individual who 
     violates a provision subject to a civil penalty under section 
     46301 of title 49, United States Code, or section 46302, 
     46303, 46318, 46504, 46505, or 46507 of that title, or who 
     commits an act described in section 46506 of that title.
       (2) Limitation.--The powers granted to a State or local law 
     enforcement officer deputized under the program shall be 
     limited to enforcing Federal laws relating to security on 
     board aircraft in flight.
       (3) Status.--A State or local law enforcement officer that 
     is deputized as a Deputy United States Marshal under the 
     program shall not--
       (A) be considered to be an employee of the United States 
     Government; or
       (B) receive compensation from the United States Government 
     by reason of service as a  Deputy United States Marshal under 
     the program.
       (d) Statutory Construction.--Nothing in this section may be 
     construed to--
       (1) grant a State or local law enforcement officer that is 
     deputized under the program the power to enforce any Federal 
     law that is not described in subsection (c); or
       (2) limit the authority that a State or local law 
     enforcement officer may otherwise exercise in the officer's 
     capacity under any other applicable State or Federal law.
       (e) Regulations.--The Attorney General may promulgate such 
     regulations as may be necessary to carry out this section.
       (f) Notification of Congress.--Not later than 90 days after 
     the date of enactment of this Act, the Attorney General shall 
     notify the Committee on Transportation and Infrastructure of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate on whether or not 
     the Attorney General intends to establish the program 
     authorized by this section.

     SEC. 513. AIR TRANSPORTATION OVERSIGHT SYSTEM.

       (a) Report.--Not later than August 1, 2000, the 
     Administrator shall transmit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the progress of the 
     Federal Aviation Administration in implementing the air 
     transportation oversight system, including in detail the 
     training of inspectors under the system, the number of 
     inspectors using the system, air carriers subject to the 
     system, and the budget for the system.
       (b) Required Contents.--At a minimum, the report shall 
     indicate--
       (1) any funding or staffing constraints that would 
     adversely impact the Administration's ability to continue to 
     develop and implement the air transportation oversight 
     system;
       (2) progress in integrating the aviation safety data 
     derived from such system's inspections with existing aviation 
     data of the Administration in the safety performance analysis 
     system of the Administration; and
       (3) the Administration's efforts in collaboration with the 
     aviation industry to develop and validate safety performance 
     measures and appropriate risk weightings for such system.
       (c) Update.--Not later than August 1, 2002, the 
     Administrator shall update the report submitted under this 
     section and transmit the updated report to the committees 
     referred to in subsection (a).

     SEC. 514. RUNWAY SAFETY AREAS.

       (a) Eligibility.--Section 47102(3)(B) (as amended by 
     section 122 of this Act) is further amended by adding at the 
     end the following:
       ``(ix) engineered materials arresting systems as described 
     in the Advisory Circular No. 150/5220-22 published by the 
     Federal Aviation Administration on August 21, 1998, including 
     any revision to the circular.''.
       (b) Solicitation of Comments.--Not later than 6 months 
     after the date of enactment of this Act, the Administrator 
     shall solicit comments on the need for the improvement of 
     runway safety areas through the use of engineered materials 
     arresting systems, longer runways, and such other techniques 
     as the Administrator considers appropriate.
       (c) Grants for Engineered Materials Arresting Systems.--In 
     making grants under section 47104 of title 49, United States 
     Code, for engineered materials arresting systems, the 
     Secretary shall require the sponsor to demonstrate that the 
     effects of jet blasts have been adequately considered.
       (d) Grants for Runway Rehabilitation.--In any case in which 
     an airport's runways are constrained by physical conditions, 
     the Secretary shall consider alternative means for ensuring 
     runway safety (other than a safety overrun area) when 
     prescribing conditions for grants for runway rehabilitation.

[[Page H672]]

     SEC. 515. PRECISION APPROACH PATH INDICATORS.

       Not later than 6 months after the date of enactment of this 
     Act, the Administrator shall solicit comments on the need for 
     the installation of precision approach path indicators.

     SEC. 516. AIRCRAFT DISPATCHERS.

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

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

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

     SEC. 518. SMALL AIRPORT CERTIFICATION.

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

     SEC. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY 
                   INFORMATION.

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

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

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

       ``(a) Discrimination Against Airline Employees.--No air 
     carrier or contractor or subcontractor of an air carrier may 
     discharge an employee or otherwise discriminate against an 
     employee with respect to compensation, terms, conditions, or 
     privileges of employment because the employee (or any person 
     acting pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide (with any knowledge of the employer) or cause to be 
     provided to the employer or Federal Government information 
     relating to any violation or alleged violation of any order, 
     regulation, or standard of the Federal Aviation 
     Administration or any other provision of Federal law relating 
     to air carrier safety under this subtitle or any other law of 
     the United States;
       ``(2) has filed, caused to be filed, or is about to file 
     (with any knowledge of the employer) or cause to be filed a 
     proceeding relating to any violation or alleged violation of 
     any order, regulation, or standard of the Federal Aviation 
     Administration or any other provision of Federal law relating 
     to air carrier safety under this subtitle or any other law of 
     the United States;
       ``(3) testified or is about to testify in such a 
     proceeding; or
       ``(4) assisted or participated or is about to assist or 
     participate in such a proceeding.
       ``(b) Department of Labor Complaint Procedure.--
       ``(1) Filing and notification.--A person who believes that 
     he or she has been discharged or otherwise discriminated 
     against by any person in violation of subsection (a) may, not 
     later than 90 days after the date on which such violation 
     occurs, file (or have any person file on his or her behalf) a 
     complaint with the Secretary of Labor alleging such discharge 
     or discrimination. Upon receipt of such a complaint, the 
     Secretary of Labor shall notify, in writing, the person named 
     in the complaint and the Administrator of the Federal 
     Aviation Administration of the filing of the complaint, of 
     the allegations contained in the complaint, of the substance 
     of evidence supporting the complaint, and of the 
     opportunities that will be afforded to such person under 
     paragraph (2).
       ``(2) Investigation; preliminary order.--
       ``(A) In general.--Not later than 60 days after the date of 
     receipt of a complaint filed under paragraph (1) and after 
     affording the person named in the complaint an opportunity to 
     submit to the Secretary of Labor a written response to the 
     complaint and an opportunity to meet with a representative of 
     the Secretary to present statements from witnesses, the 
     Secretary of Labor shall conduct an investigation and 
     determine whether there is reasonable cause to believe that 
     the complaint has merit and notify, in writing, the 
     complainant and the person alleged to have committed a 
     violation of subsection (a) of the Secretary's findings. If 
     the Secretary of Labor concludes that there is a reasonable 
     cause to believe that a violation of subsection (a) has 
     occurred, the Secretary shall accompany the Secretary's 
     findings with a preliminary order providing the relief 
     prescribed by paragraph (3)(B). Not later than 30 days after 
     the date of notification of findings under this paragraph, 
     either the person alleged to have committed the violation or 
     the complainant may file objections to the findings or 
     preliminary order, or both, and request a hearing on the 
     record. The filing of such objections shall not operate to 
     stay any reinstatement remedy contained in the preliminary 
     order. Such hearings shall be conducted expeditiously. If a 
     hearing is not requested in such 30-day period, the 
     preliminary order shall be deemed a final order that is not 
     subject to judicial review.
       ``(B) Requirements.--
       ``(i) Required showing by complainant.--The Secretary of 
     Labor shall dismiss a complaint filed under this subsection 
     and shall not conduct an investigation otherwise required 
     under subparagraph (A) unless the complainant makes a prima 
     facie showing that any behavior described in paragraphs (1) 
     through (4) of subsection (a) was a contributing factor in 
     the unfavorable personnel action alleged in the complaint.
       ``(ii) Showing by employer.--Notwithstanding a finding by 
     the Secretary that the complainant has made the showing 
     required under clause (i), no investigation otherwise 
     required under subparagraph (A) shall be conducted if the 
     employer demonstrates, by clear and convincing evidence, that 
     the employer would have taken the same unfavorable personnel 
     action in the absence of that behavior.
       ``(iii) Criteria for determination by secretary.--The 
     Secretary may determine that a violation of subsection (a) 
     has occurred only if the complainant demonstrates that any 
     behavior described in paragraphs (1) through (4) of 
     subsection (a) was a contributing factor in the unfavorable 
     personnel action alleged in the complaint.
       ``(iv) Prohibition.--Relief may not be ordered under 
     subparagraph (A) if the employer demonstrates by clear and 
     convincing evidence that the employer would have taken the 
     same unfavorable personnel action in the absence of that 
     behavior.
       ``(3) Final order.--
       ``(A) Deadline for issuance; settlement agreements.--Not 
     later than 120 days after the date of conclusion of a hearing 
     under  paragraph (2), the Secretary of Labor shall issue a 
     final order providing the relief prescribed by this 
     paragraph or denying the complaint. At any time before 
     issuance of a final order, a proceeding under this 
     subsection may be terminated on the basis of a settlement 
     agreement entered into by the Secretary of Labor, the 
     complainant, and the person alleged to have committed the 
     violation.
       ``(B) Remedy.--If, in response to a complaint filed under 
     paragraph (1), the Secretary of Labor determines that a 
     violation of subsection (a) has occurred, the Secretary of 
     Labor shall order the person who committed such violation 
     to--
       ``(i) take affirmative action to abate the violation;
       ``(ii) reinstate the complainant to his or her former 
     position together with the compensation (including back pay) 
     and restore the terms, conditions, and privileges associated 
     with his or her employment; and
       ``(iii) provide compensatory damages to the complainant.
     If such an order is issued under this paragraph, the 
     Secretary of Labor, at the request of the complainant, shall 
     assess against the person against whom the order is issued a 
     sum equal to the aggregate amount of all costs and expenses 
     (including attorneys' and expert witness fees) reasonably 
     incurred, as determined by the Secretary of Labor, by the 
     complainant for, or in connection with, the bringing the 
     complaint upon which the order was issued.
       ``(C) Frivolous complaints.--If the Secretary of Labor 
     finds that a complaint under paragraph (1) is frivolous or 
     has been brought in bad faith, the Secretary of Labor may 
     award to the prevailing employer a reasonable attorney's fee 
     not exceeding $1,000.
       ``(4) Review.--
       ``(A) Appeal to court of appeals.--Any person adversely 
     affected or aggrieved by an order issued under paragraph (3) 
     may obtain review of the order in the United States Court of 
     Appeals for the circuit in which the violation, with respect 
     to which the order was issued, allegedly occurred or the 
     circuit in which the complainant resided on the date of such 
     violation. The petition for review must be filed not later 
     than 60 days after the date of the issuance of the final 
     order of the Secretary of Labor. Review shall conform to 
     chapter 7 of title 5, United States Code. The commencement of 
     proceedings under this subparagraph shall not, unless ordered 
     by the court, operate as a stay of the order.
       ``(B) Limitation on collateral attack.--An order of the 
     Secretary of Labor with respect to which review could have 
     been obtained under subparagraph (A) shall not be subject to 
     judicial review in any criminal or other civil proceeding.
       ``(5) Enforcement of order by secretary of labor.--Whenever 
     any person has failed to comply with an order issued under 
     paragraph (3), the Secretary of Labor may file a civil action 
     in the United States district court for the district in which 
     the violation was found to occur to enforce such order. In 
     actions brought under this paragraph, the district courts 
     shall have jurisdiction to grant all appropriate relief 
     including, but not limited to, injunctive relief and 
     compensatory damages.
       ``(6) Enforcement of order by parties.--
       ``(A) Commencement of action.--A person on whose behalf an 
     order was issued under paragraph (3) may commence a civil 
     action against the person to whom such order was issued to 
     require compliance with such order. The appropriate United 
     States district court shall have jurisdiction, without regard 
     to the amount in controversy or the citizenship of the 
     parties, to enforce such order.
       ``(B) Attorney fees.--The court, in issuing any final order 
     under this paragraph, may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any party whenever the court determines such award is 
     appropriate.
       ``(c) Mandamus.--Any nondiscretionary duty imposed by this 
     section shall be enforceable in a mandamus proceeding brought 
     under section 1361 of title 28, United States Code.

[[Page H673]]

       ``(d) Nonapplicability to Deliberate Violations.--
     Subsection (a) shall not apply with respect to an employee of 
     an air carrier, contractor, or subcontractor who, acting 
     without direction from such air carrier, contractor, or 
     subcontractor (or such person's agent), deliberately causes a 
     violation of any requirement relating to air carrier safety 
     under this subtitle or any other law of the United States.
       ``(e) Contractor Defined.--In this section, the term 
     `contractor' means a company that performs safety-sensitive 
     functions by contract for an air carrier.''.
       (b) Conforming Amendment.--The analysis for chapter 421 is 
     amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

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

     SEC. 520. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.

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

     SEC. 601. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

       Effective October 1, 2000, there are transferred to the 
     Federal Aviation Administration and vested in the 
     Administrator 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. 602. TRANSFER OF OFFICE, PERSONNEL, AND FUNDS.

       (a) Transfer of Office.--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) Other Transfers.--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 title, 
     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 title 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 title.

     SEC. 603. 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) Publication.--
       ``(1) In general.--The Administrator of the Federal 
     Aviation Administration may arrange for the publication of 
     aeronautical maps and charts necessary for the safe and 
     efficient movement of aircraft in air navigation, using the 
     facilities and assistance of departments, agencies, and 
     instrumentalities of the United States Government as far as 
     practicable.
       ``(2) Navigation routes.--In carrying out paragraph (1), 
     the Administrator shall update and arrange for the 
     publication of clearly defined routes for navigating through 
     a complex terminal airspace area and to and from an airport 
     located in such an area, if the Administrator decides that 
     publication of the routes would promote safety in air 
     navigation. The routes shall be developed in consultation 
     with pilots and other users of affected airports and shall be 
     for the optional use of pilots operating under visual flight 
     rules.
       ``(b) Indemnification.--The Government shall make an 
     agreement to indemnify any person that publishes a map or 
     chart for use in aeronautics from any part of a claim arising 
     out of the depiction by the person on the map or chart of a 
     defective or deficient flight procedure or airway if the 
     flight procedure or airway was--
       ``(1) prescribed by the Administrator;
       ``(2) depicted accurately on the map or chart; and
       ``(3) not obviously defective or deficient.
       ``(c) Authority of Office of Aeronautical Charting and 
     Cartography.--Effective October 1, 2000, the Administrator is 
     vested with and shall exercise 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 note).
       ``(d) 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 may--
       ``(1) develop, process, disseminate and publish digital and 
     analog data, information, compilations, and reports;
       ``(2) compile, print, and disseminate aeronautical charts 
     and related products and services of the United States and 
     its territories and possessions;
       ``(3) compile, print, and disseminate aeronautical charts 
     and related products and services covering international 
     airspace as are required primarily by United States civil 
     aviation; and
       ``(4) compile, print, and disseminate nonaeronautical 
     navigational, transportation or public-safety-related 
     products and services when in the best interests of the 
     Government.
       ``(e) Contracts, Cooperative Agreements, Grants, and Other 
     Agreements.--
       ``(1) Contracts.--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) Cooperative agreements, grants, and other 
     agreements.--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.
       ``(f) Special Services and Products.--
       ``(1) In general.--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) Fees.--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 
     Government by furthering public safety.
       ``(g) Sale and Dissemination of Aeronautical Products.--
       ``(1) In general.--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) Maximum price.--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) Adjustment of price.--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) Costs attributable to acquisition of aeronautical 
     data.--A price established under this paragraph may not 
     include costs attributable to the acquisition of aeronautical 
     data.
       ``(2) Publication of prices.--The Administrator shall 
     publish annually the prices at which aeronautical products 
     are sold to the public.
       ``(3) Distribution.--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 department or agency 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) Fees.--The fees provided for in this subsection are 
     for the purpose of reimbursing the 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 striking the item relating to section 44721 
     and inserting the following:


[[Page H674]]


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

     SEC. 604. 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 Administrator of the National 
     Oceanic and Atmospheric Administration, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred by this 
     title; 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 of the Federal Aviation Administration, a 
     court of competent jurisdiction, or by operation of law.
       (b) Continued Effectiveness of Pending Actions.--
       (1) In general.--The provisions of this title 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 National 
     Oceanic and Atmospheric Administration, or any officer of 
     such Department or Administration, with respect to functions 
     transferred by this title, 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 of the Federal 
     Aviation Administration 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 of the Federal Aviation Administration, 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 title had not been 
     enacted.
       (2) Transition guidelines.--The Secretary of Commerce, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, 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 title.
       (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 title, or by or against any 
     officer thereof in the official's capacity, shall abate by 
     reason of the enactment of this title. Causes of action and 
     actions with respect to a function or office transferred by 
     this title, 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 title 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 of the Department or 
     Administration in an official capacity, is a party to an 
     action, and under this title any function relating to the 
     action of the 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 title 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 of such Department or Administration, in 
     the exercise of such functions immediately preceding their 
     transfer.
       (f) Liabilities and Obligations.--The Administrator of the 
     Federal Aviation Administration shall assume all liabilities 
     and obligations (tangible and incorporeal, present and 
     executory) associated with the functions transferred under 
     this title 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. 605. NATIONAL OCEAN SURVEY.

       (a) Charts and Publications.--Section 2 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. 883b), is amended--
       (1) by striking paragraphs (3) and (5), and redesignating 
     paragraphs (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''.
       (b) Cooperative and Other Agreements.--Section 5(1) of such 
     Act (33 U.S.C. 883e(1)) is amended--
       (1) by striking ``cooperative agreements'' and inserting 
     ``cooperative agreements, or any other agreements,''; and
       (2) in paragraph (2) by striking ``cooperative''.

     SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL 
                   PRODUCTS BY NOAA.

       (a) In General.--Section 1307 of title 44, United States 
     Code, is amended--
       (1) in the section heading by striking ``and 
     aeronautical''; and
       (2) by striking ``and aeronautical'' and ``or 
     aeronautical'' each place they appear.
       (b) Prices.--Section 1307(a)(2)(B) of such title is amended 
     by striking ``aviation and''.
       (c) Fees.--Section 1307(d) of such title 44 is amended by 
     striking ``aeronautical and''.
       (d) Conforming Amendment.--The analysis for chapter 13 of 
     title 44, United States Code, is amended in the item relating 
     to section 1307 by striking ``and aeronautical''.

     SEC. 607. PROCUREMENT OF PRIVATE ENTERPRISE MAPPING, 
                   CHARTING, AND GEOGRAPHIC INFORMATION SYSTEMS.

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

     SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

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

     SEC. 702. PUBLIC AIRCRAFT.

       (a) Definition of Public Aircraft.--Section 40102(a)(37) is 
     amended to read as follows:
       ``(37) `public aircraft' means any of the following:
       ``(A) Except with respect to an aircraft described in 
     subparagraph (E), an aircraft used only for the United States 
     Government, except as provided in section 40125(b).
       ``(B) An aircraft owned by the Government and operated by 
     any person for purposes related to crew training, equipment 
     development, or demonstration, except as provided in section 
     40125(b).
       ``(C) An aircraft owned and operated by the government of a 
     State, the District of Columbia, or a territory or possession 
     of the United States or a political subdivision of one of 
     these governments, except as provided in section 40125(b).
       ``(D) An aircraft exclusively leased for at least 90 
     continuous days by the government of a State, the District of 
     Columbia, or a territory or possession of the United States 
     or a political subdivision of one of these governments, 
     except as provided in section 40125(b).
       ``(E) An aircraft owned or operated by the armed forces or 
     chartered to provide transportation to the armed forces under 
     the conditions specified by section 40125(c).''.
       (b) Qualifications for Public Aircraft Status.--
       (1) In General.--Chapter 401 is further amended by adding 
     at the end the following:

     ``Sec. 40125. Qualifications for public aircraft status

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Commercial purposes.--The term `commercial purposes' 
     means the transportation of persons or property for 
     compensation or hire, but does not include the operation of 
     an aircraft by the armed forces for reimbursement when that 
     reimbursement is required by any Federal statute, regulation, 
     or directive, in effect on November 1, 1999, or by one 
     government on behalf of another government under a cost 
     reimbursement agreement if the government on whose behalf the 
     operation is conducted certifies to the Administrator of the 
     Federal Aviation Administration that the operation is 
     necessary to respond to a significant and imminent threat to 
     life or property (including natural resources) and that no 
     service by a private operator is reasonably available to meet 
     the threat.
       ``(2) Governmental function.--The term `governmental 
     function' means an activity undertaken by a government, such 
     as national defense, intelligence missions, firefighting, 
     search and rescue, law enforcement (including transport of 
     prisoners, detainees, and illegal aliens), aeronautical 
     research, or biological or geological resource management.
       ``(3) Qualified non-crewmember.--The term `qualified non-
     crewmember' means an individual, other than a member of the 
     crew, aboard an aircraft--
       ``(A) operated by the armed forces or an intelligence 
     agency of the United States Government; or
       ``(B) whose presence is required to perform, or is 
     associated with the performance of, a governmental function.
       ``(4) Armed forces.--The term `armed forces' has the 
     meaning given such term by section 101 of title 10.
       ``(b) Aircraft Owned by Governments.--An aircraft described 
     in subparagraph (A), (B), (C), or (D) of section 40102(a)(37) 
     does not qualify as a public aircraft under such section when 
     the aircraft is used for commercial purposes or to carry an 
     individual other than a crewmember or a qualified 
     noncrewmember.

[[Page H675]]

       ``(c) Aircraft Owned or Operated by the Armed Forces.--
       ``(1) In general.--Subject to paragraph (2), an aircraft 
     described in section 40102(a)(37)(E) qualifies as a public 
     aircraft if--
       ``(A) the aircraft is operated in accordance with title 10;
       ``(B) the aircraft is operated in the performance of a 
     governmental function under titles 14, 31, 32, or 50 and the 
     aircraft is not used for commercial purposes; or
       ``(C) the aircraft is chartered to provide transportation 
     to the armed forces and the Secretary of Defense (or the 
     Secretary of the department in which the Coast Guard is 
     operating) designates the operation of the aircraft as being 
     required in the national interest.
       ``(2) Limitation.--An aircraft that meets the criteria set 
     forth in paragraph (1) and that is owned or operated by the 
     National Guard of a State, the District of Columbia, or any 
     territory or possession of the United States, qualifies as a 
     public aircraft only to the extent that it is operated under 
     the direct control of the Department of Defense.''.
       (2) Conforming amendment.--The analysis for chapter 401 is 
     amended by adding at the end the following:

``40125. Qualifications for public aircraft status.''.
       (c) Safety of Public Aircraft.--
       (1) Study.--The National Transportation Safety Board shall 
     conduct a study to compare the safety of public aircraft and 
     civil aircraft. In conducting the study, the Board shall 
     review safety statistics on aircraft operations since 1993.
       (2) Report.--Not later than 6 months after the date of 
     enactment of this Act, the National Transportation Safety 
     Board shall transmit to Congress a report containing the 
     results of the study conducted under paragraph (1).

     SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

       Section 40110 (as amended by section 307(b) of this Act) is 
     further amended by adding at the end the following:
       ``(e) Prohibition on Release of Offeror Proposals.--
       ``(1) General rule.--Except as provided in paragraph (2), a 
     proposal in the possession or control of the Administrator 
     may not be made available to any person under section 552 of 
     title 5.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     portion of a proposal of an offeror the disclosure of which 
     is authorized by the Administrator pursuant to procedures 
     published in the Federal Register. The Administrator shall 
     provide an opportunity for public comment on the procedures 
     for a period of not less than 30 days beginning on the date 
     of such publication in order to receive and consider the 
     views of all interested parties on the procedures. The 
     procedures shall not take effect before the 60th day 
     following the date of such publication.
       ``(3) Proposal defined.--In this subsection, the term 
     `proposal' means information contained in or originating from 
     any proposal, including a technical, management, or cost 
     proposal, submitted by an offeror in response to the 
     requirements of a solicitation for a competitive proposal.''.

     SEC. 704. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

       (a) In General.--The Administrator may carry out a pilot 
     program in fiscal years 2001 through 2003 to test and 
     evaluate the benefits of long-term contracts for the leasing 
     of aviation equipment and facilities.
       (b) Period of Contracts.--Notwithstanding any other 
     provision of law, the Administrator may enter into a contract 
     under the program to lease aviation equipment or facilities 
     for a period of greater than 5 years.
       (c) Number of Contracts.--The Administrator may not enter 
     into more that 10 contracts under the program.
       (d) Types of Contracts.--The contracts to be evaluated 
     under the program may include contracts for telecommunication 
     services that are provided through the use of a satellite, 
     requirements related to oceanic and air traffic control, air-
     to-ground radio communications, and air traffic control tower 
     construction.

     SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING 
                   FISCAL YEARS.

       (a) In General.--Chapter 401 (as amended by section 702(b) 
     of this Act) is further amended by adding at the end the 
     following:

     ``Sec. 40126. 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).''.
       (b) Conforming Amendment.--The analysis for chapter 401 is 
     amended by adding at the end the following:

``40126. Severable services contracts for periods crossing fiscal 
              years.''.

     SEC. 706. PROHIBITIONS ON DISCRIMINATION.

       (a) In General.--Chapter 401 (as amended by section 705 of 
     this Act) is further amended by adding at the end the 
     following:

     ``Sec. 40127. Prohibitions on discrimination

       ``(a) Persons in Air Transportation.--An air carrier or 
     foreign air carrier may not subject a person in air 
     transportation to discrimination on the basis of race, color, 
     national origin, religion, sex, or ancestry.
       ``(b) Use of Private Airports.--Notwithstanding any other 
     provision of law, no State or local government may prohibit 
     the use or full enjoyment of a private airport within its 
     jurisdiction by any person on the basis of that person's 
     race, color, national origin, religion, sex, or ancestry.''.
       (b) Conforming Amendment.--The analysis for chapter 401 is 
     further amended by adding at the end the following:

``40127. Prohibitions on discrimination.''.

     SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS.

       (a) In General.--Section 41705 is amended--
       (1) by inserting ``(a) In General.--'' before ``In 
     providing'';
       (2) by striking ``carrier'' and inserting ``carrier, 
     including (subject to section 40105(b)) any foreign air 
     carrier,''; and
       (3) by adding at the end the following:
       ``(b) Each Act Constitutes Separate Offense.--For purposes 
     of section 46301(a)(3)(E), a separate violation occurs under 
     this section for each individual act of discrimination 
     prohibited by subsection (a).
       ``(c) Investigation of Complaints.--
       ``(1) In general.--The Secretary shall investigate each 
     complaint of a violation of subsection (a).
       ``(2) Publication of data.--The Secretary shall publish 
     disability-related complaint data in a manner comparable to 
     other consumer complaint data.
       ``(3) Review and report.--The Secretary shall regularly 
     review all complaints received by air carriers alleging 
     discrimination on the basis of disability and shall report 
     annually to Congress on the results of such review.
       ``(4) Technical assistance.--Not later than 180 days after 
     the date of enactment of this subsection, the Secretary 
     shall--
       ``(A) implement a plan, in consultation with the Department 
     of Justice, the 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 set forth in this section; 
     and
       ``(B) ensure the availability and provision of appropriate 
     technical assistance manuals to individuals and entities with 
     rights or responsibilities under this section.''.
       (b) Civil Penalty.--Section 46301(a)(3) (as amended by 
     section 504(b) of this Act) is further amended by adding at 
     the end the following:
       ``(E) a violation of section 41705, relating to 
     discrimination against handicapped individuals.''.
       (c) Establishment of Higher International Standards.--The 
     Secretary shall work with appropriate international 
     organizations and the aviation authorities of other nations 
     to bring about the establishment of higher standards for 
     accommodating handicapped passengers in  air transportation, 
     particularly with respect to foreign air carriers that 
     code-share with air carriers.

     SEC. 708. 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 
     in scheduled passenger interstate air transportation or 
     scheduled passenger intrastate air transportation.
       ``(b) Smoking Prohibition in Foreign Air Transportation.--
     The Secretary of Transportation shall require all air 
     carriers and foreign air carriers to prohibit smoking in any 
     aircraft in scheduled passenger foreign air transportation.
       ``(c) Limitation on Applicability.--
       ``(1) In general.--If a foreign government objects to the 
     application of subsection (b) on the basis that subsection 
     (b) provides for an extraterritorial application of the laws 
     of the United States, the Secretary shall 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. 709. JOINT VENTURE AGREEMENT.

       Section 41720, as redesignated by section 231(b)(1) of this 
     Act, is amended by striking ``an agreement entered into by a 
     major air carrier'' and inserting ``an agreement between 2 or 
     more major air carriers''.

     SEC. 710. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS 
                   DURING AIR TRANSPORT.

       (a) In General.--Subchapter I of chapter 417 (as amended by 
     section 231(b) of this Act) is further amended by adding at 
     the end the following:

     ``Sec. 41721. Reports by carriers on incidents involving 
       animals during air transport

       ``(a) In General.--An air carrier that provides scheduled 
     passenger air transportation shall submit monthly to the 
     Secretary a report on any incidents involving the loss, 
     injury, or death of an animal (as defined by the Secretary of 
     Transportation) during air transport provided by the air 
     carrier. The report shall be in

[[Page H676]]

     such form and contain such information as the Secretary 
     determines appropriate.
       ``(b) Training of Air Carrier Employees.--The Secretary 
     shall work with air carriers to improve the training of 
     employees with respect to the air transport of animals and 
     the notification of passengers of the conditions under which 
     the air transport of animals is conducted.
       ``(c) Sharing of Information.--The Secretary and the 
     Secretary of Agriculture shall enter into a memorandum of 
     understanding to ensure the sharing of information that the 
     Secretary receives under subsection (a).
       ``(d) Publication of Data.--The Secretary shall publish 
     data on incidents and complaints involving the loss, injury, 
     or death of an animal during air transport in a manner 
     comparable to other consumer complaint and incident data.
       ``(e) Air Transport.--For purposes of this section, the air 
     transport of an animal includes the entire period during 
     which an animal is in the custody of an air carrier, from 
     check-in of the animal prior to departure until the animal is 
     returned to the owner or guardian of the animal at the final 
     destination of the animal.''.
       (b) Conforming Amendment.--The analysis for such subchapter 
     is further amended by adding at the end the following:

``41721. Reports by carriers on incidents involving animals during air 
              transportation.''.

     SEC. 711. EXTENSION OF WAR RISK INSURANCE PROGRAM.

       Section 44310 is amended by striking ``after'' and all that 
     follows and inserting ``after December 31, 2003.''.

     SEC. 712. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

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

     SEC. 713. HUMAN FACTORS PROGRAM.

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

     ``Sec. 44516. Human factors program

       ``(a) Human Factors Training.--
       ``(1) Air traffic controllers.--The Administrator of the 
     Federal Aviation Administration 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 representatives of the aviation industry and 
     appropriate aviation programs associated with universities to 
     develop specific training curricula to address critical 
     safety problems, including problems of pilots--
       ``(A) in recovering from loss of control of an 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.
       ``(b) Test Program.--The Administrator shall establish a 
     test program in cooperation with air carriers to use model 
     Jeppesen approach plates or other similar tools to improve 
     precision-like landing approaches for aircraft.
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall transmit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the status of the Administration's efforts to encourage the 
     adoption and implementation of advanced qualification 
     programs for air carriers under this section.
       ``(d) Advanced Qualification Program Defined.--In 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.--Not later than 12 
     months after the date of enactment of this Act, the 
     Administrator shall complete updating training practices for 
     flight deck automation and associated training requirements.
       (c) Conforming Amendment.--The analysis for chapter 445 is 
     further amended by adding at the end the following:

``44516. Human factors program.''.

     SEC. 714. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO 
                   CONVENTION.

       Section 44701 is amended by--
       (1) redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Bilateral Exchanges of Safety Oversight 
     Responsibilities.--
       ``(1) In general.--Notwithstanding the provisions of this 
     chapter, the Administrator, pursuant to Article 83 bis of the 
     Convention on International Civil Aviation and by a bilateral 
     agreement with the aeronautical authorities of another 
     country, may exchange with that country all or part of their 
     respective functions and duties with respect to registered 
     aircraft under the following articles of the Convention: 
     Article 12 (Rules of the Air); Article 31 (Certificates of 
     Airworthiness); or Article 32a (Licenses of Personnel).
       ``(2) Relinquishment and acceptance of responsibility.--The 
     Administrator relinquishes responsibility with respect to the 
     functions and duties transferred by the Administrator as 
     specified in the bilateral agreement, under the Articles 
     listed in paragraph (1) for United States-registered aircraft 
     described in paragraph (4)(A) transferred abroad and accepts 
     responsibility with respect to the functions and duties under 
     those Articles for aircraft registered abroad and described 
     in paragraph (4)(B) that are transferred to the United 
     States.
       ``(3) Conditions.--The Administrator may predicate, in the 
     agreement, the transfer of functions and duties under this 
     subsection on any conditions the Administrator deems 
     necessary and prudent, except that the Administrator may not 
     transfer responsibilities for United States registered 
     aircraft described in paragraph (4)(A) to a country that the 
     Administrator determines is not in compliance with its 
     obligations under international law for the safety oversight 
     of civil aviation.
       ``(4) Registered aircraft defined.--In this subsection, the 
     term `registered aircraft' means--
       ``(A) aircraft registered in the United States and operated 
     pursuant to an agreement for the lease, charter, or 
     interchange of the aircraft or any similar arrangement by an 
     operator that has its principal place of business or, if it 
     has no such place of business, its permanent residence in 
     another country; and
       ``(B) aircraft registered in a foreign country and operated 
     under an agreement for the lease, charter, or interchange of 
     the aircraft or any similar arrangement by an operator that 
     has its principal place of business or, if it has no such 
     place of business, its permanent residence in the United 
     States.''.

     SEC. 715. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

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

     SEC. 716. REVIEW PROCESS FOR EMERGENCY ORDERS.

       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), 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 petition for a review by the Board, under 
     procedures  promulgated by the Board, of the Administrator's 
     determination that an emergency exists. Any such review 
     shall be requested not later than 48 hours after the order 
     is received by the person. If the Board finds that an 
     emergency does not exist that requires the immediate 
     application of the order in the interest of safety in air 
     commerce or air transportation, the order shall be stayed, 
     notwithstanding paragraph (2). The Board shall dispose of 
     a review request under this paragraph not later than 5 
     days after the date on which the request is filed.
       ``(4) Final disposition.--The Board shall make a final 
     disposition of an appeal under subsection (d) not later than 
     60 days after the date on which the appeal is filed.''.

     SEC. 717. GOVERNMENT AND INDUSTRY CONSORTIA.

       Section 44903 is amended by adding at the end the 
     following:
       ``(f) Government and Industry Consortia.--The Administrator 
     may establish at 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.

[[Page H677]]

     Such consortia shall not be considered Federal advisory 
     committees for purposes of the Federal Advisory Committee Act 
     (5 U.S.C. App.).''.

     SEC. 718. PASSENGER MANIFEST.

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

     SEC. 719. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

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

     SEC. 720. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

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

     SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.

       (a) Repeal.--Section 231 of H.R. 3425 of the 106th 
     Congress, as enacted into law by section 1000(a)(5) of Public 
     Law 106-113, is repealed and the provisions of law amended by 
     such section shall be read as if such section had not been 
     enacted into law.
       (b) Exemption for Aircraft Modification or Disposal, 
     Scheduled Heavy Maintenance, or Leasing-Related Flights.--
     Section 47528 is amended--
       (1) in subsection (a) by striking ``subsection (b)'' and 
     inserting ``subsection (b) or (f)'';
       (2) in subsection (e) by adding at the end 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 nonrevenue 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) by adding at the end 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.--Not later than 30 days 
     after the date of enactment of this subsection, the Secretary 
     shall establish and publish a procedure to implement 
     paragraph (1) through the use of categorical waivers, ferry 
     permits, or other means.
       ``(g) Statutory Construction.--Nothing in this section may 
     be construed as interfering with, nullifying, or otherwise 
     affecting determinations made by the Federal Aviation 
     Administration, or to be made by the Administration with 
     respect to applications under part 161 of title 14, Code of 
     Federal Regulations, that were pending on November 1, 
     1999.''.
       (c) 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) Regulations.--Regulations contained in title 14, Code 
     of Federal Regulations, that implement section 47528 of title 
     49, United States Code, and related provisions shall be 
     deemed to incorporate the amendment made by paragraph (1) on 
     the date of enactment of this Act.
       (d) Waivers for Aircraft Not Complying With Stage 3 Noise 
     Levels.--Section 47528(b)(1) is amended--
       (1) in the first sentence by inserting ``or foreign air 
     carrier'' after ``air carrier''; and
       (2) by inserting after ``January 1, 1999,'' the following: 
     ``or, in the case of a foreign air carrier, the 15th day 
     following the date of enactment of the Wendell H. Ford 
     Aviation Investment and Reform Act for the 21st Century''.

     SEC. 722. LAND USE COMPLIANCE REPORT.

       Section 47131 is amended--
       (1) by inserting ``(a) General Rule.--'' before ``Not 
     later'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5) a detailed statement listing airports that the 
     Secretary believes are not in compliance with grant 
     assurances or other requirements with respect to airport 
     lands and including the circumstances of such noncompliance, 
     the timelines for corrective action, and the corrective 
     action the Secretary intends to take to bring the airport 
     sponsor into compliance.
       ``(b) Special Rule for Listing Noncompliant Airports.--The 
     Secretary does not have to conduct an audit or make a final 
     determination before including an airport on the list 
     referred to in subsection (a)(5).''.

     SEC. 723. CHARTER AIRLINES.

       Section 41104 is amended--
       (1) by redesignating subsections (b) and (c) as (c) and 
     (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Scheduled Operations.--
       ``(1) In general.--An air carrier, including an indirect 
     air carrier, which operates aircraft designed for more than 9 
     passenger seats, may not provide regularly scheduled 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 to or 
     from an airport that is not located in Alaska and that does 
     not have an operating certificate issued under part 139 of 
     title 14, Code of Federal Regulations (or any subsequent 
     similar regulations).
       ``(2) Definition.--In this paragraph, the term `regularly 
     scheduled charter air transportation' does not include 
     operations for which the departure time, departure location, 
     and arrival location are specifically negotiated with the 
     customer or the customer's representative.''.

     SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED.

       (a) Study.--The Administrator shall conduct a study of the 
     appropriateness of allowing an airport that agrees to provide 
     services to the Federal Emergency Management Agency or to a 
     State or local agency in the event of an emergency a credit 
     of the value of such services against the airport's local 
     share under the airport improvement program.
       (b) Notification.--The Administrator shall notify nonhub 
     and general aviation airports that the Administrator is 
     conducting the study under subsection (a) and give them an 
     opportunity to explain how the credit described in subsection 
     (a) would benefit such airports.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study conducted under 
     subsection (a). The report shall identify, at a minimum, the 
     airports that would be affected by providing the credit 
     described in subsection (a), explain what sort of emergencies 
     could qualify for such credit, and explain how the costs 
     would be quantified to determine the credit against the local 
     share.

     SEC. 725. PASSENGER CABIN AIR QUALITY.

       (a) Study of Air Quality in Passenger Cabins in Commercial 
     Aircraft.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall arrange for 
     and provide necessary data to the National Academy of 
     Sciences to conduct a 12-month, independent study of air 
     quality in passenger cabins of aircraft used in air 
     transportation and foreign air transportation, including the 
     collection of new data, in coordination with the Federal 
     Aviation Administration, to identify contaminants in the 
     aircraft air and develop recommendations for means of 
     reducing such contaminants.
       (2) Alternative air supply.--The study should examine 
     whether contaminants would be reduced by the replacement of 
     engine and auxiliary power unit bleed air with an alternative 
     supply of air for the aircraft passengers and crew.
       (3) Scope.--The study shall include an assessment and 
     quantitative analysis of each of the following:
       (A) Contaminants of concern, as determined by the National 
     Academy of Sciences.
       (B) The systems of air supply on aircraft, including the 
     identification of means by which contaminants may enter such 
     systems.
       (C) The toxicological and health effects of the 
     contaminants of concern, their byproducts, and the products 
     of their degradation.
       (D) Any contaminant used in the maintenance, operation, or 
     treatment of aircraft, if a passenger or a member of the air 
     crew may be directly exposed to the contaminant.
       (E) Actual measurements of the contaminants of concern in 
     the air of passenger cabins during actual flights in air 
     transportation or foreign air transportation, along with 
     comparisons of such measurements to actual measurements taken 
     in public buildings.
       (4) Provision of current data.--The Administrator shall 
     collect all data of the Federal Aviation Administration that 
     is relevant to the study and make the data available to the 
     National Academy of Sciences in order to complete the study.
       (b) Collection of Aircraft Air Quality Data.--
       (1) In general.--The Administrator may consider the 
     feasibility of using the flight data recording system on 
     aircraft to monitor and record appropriate data related to 
     air inflow quality, including measurements of the exposure of 
     persons aboard the aircraft to contaminants during normal 
     aircraft operation and during incidents involving air quality 
     problems.

[[Page H678]]

       (2) Passenger cabins.--The Administrator may also consider 
     the feasibility of using the flight data recording system to 
     monitor and record data related to the air quality in 
     passengers cabins of aircraft.

     SEC. 726. STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO 
                   REDUCE NOISE LEVELS.

       (a) Development of New Standards.--The Secretary shall 
     continue to work to develop through the International Civil 
     Aviation Organization new performance standards for aircraft 
     and aircraft engines that will lead to a further reduction in 
     aircraft noise levels.
       (b) Goals To Be Considered in Developing New Standards.--In 
     negotiating standards under subsection (a), the Secretary 
     shall give high priority to developing standards that--
       (1) are performance based and can be achieved by use of a 
     full range of certifiable noise reduction technologies;
       (2) protect the useful economic value of existing Stage 3 
     aircraft in the United States fleet;
       (3) ensure that United States air carriers and aircraft 
     engine and hushkit manufacturers are not competitively 
     disadvantaged;
       (4) use dynamic economic modeling capable of determining 
     impacts on all aircraft in service in the United States 
     fleet; and
       (5) continue the use of a balanced approach to address 
     aircraft environmental issues, taking into account aircraft 
     technology, land use planning, economic feasibility, and 
     airspace operational improvements.
       (c) Annual Report.--Not later than July 1, 2000, and 
     annually thereafter, the Secretary shall transmit to Congress 
     a report regarding the application of new standards or 
     technologies to reduce aircraft noise levels.

     SEC. 727. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA 
                   DEMONSTRATION PROJECT.

       Not later than 18 months after the date of enactment of 
     this Act, the Administrator 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. In conducting the study, the 
     Administrator shall determine whether itinerant general 
     aviation aircraft should be exempt from any such requirement.

     SEC. 728. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

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

     SEC. 729. AIRCRAFT SITUATIONAL DISPLAY DATA.

       (a) In General.--A memorandum of agreement between the 
     Administrator and any person that directly obtains aircraft 
     situational display data from the Federal Aviation 
     Administration shall require that--
       (1) the person demonstrate to the satisfaction of the 
     Administrator that the 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.--Not later than 30 
     days after the date of enactment of this Act, the 
     Administrator shall conform any memoranda of agreement, in 
     effect on such date of enactment, between the Federal 
     Aviation Administration and a person under which that person 
     obtains aircraft situational display data to incorporate the 
     requirements of subsection (a).

     SEC. 730. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT 
                   OPPORTUNITY COMPLAINTS.

       (a) Hiring of Additional Personnel.--For fiscal year 2001, 
     the Secretary may hire or contract for such additional 
     personnel as may be necessary to eliminate the backlog of 
     pending equal employment opportunity complaints to the 
     Department of Transportation and to ensure that 
     investigations of complaints are completed not later than 180 
     days after the date of initiation of the investigation.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000 for 
     fiscal year 2001.

     SEC. 731. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

       The Department of Airports of the city of Los Angeles may 
     grant an easement to the California Department of 
     Transportation to lands required to provide sufficient right-
     of-way to facilitate the construction of the California State 
     Route 138 bypass, as proposed by the California Department of 
     Transportation, if the Department of Airports can document or 
     provide analysis that granting the easement will benefit the 
     Department of Airports or local airport development to an 
     extent equal to the value of the easement being granted.

     SEC. 732. REGULATION OF ALASKA GUIDE PILOTS.

       (a) In General.--Beginning on the date of 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.
       (3) Consideration.--In making a determination to impose a 
     requirement under paragraph (2)(G), the Administrator shall 
     take into account the unique conditions associated with air 
     travel in the State of Alaska to ensure that such 
     requirements are not unduly burdensome.
       (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.

     SEC. 733. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE.

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

     SEC. 734. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.

       (a) Establishment of Panel.--The Administrator--
       (1) shall establish an aircraft repair and maintenance 
     advisory panel to review issues related to the use and 
     oversight of aircraft and aviation component repair and 
     maintenance facilities (in this section referred to as 
     ``aircraft repair facilities'') located within, or outside 
     of, the United States; and
       (2) may seek the advice of the panel on any issue related 
     to methods to increase safety by improving the oversight of 
     aircraft repair facilities.
       (b) Membership.--The panel shall consist of--
       (1) 9 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 repair facilities;
       (E) 1 representative of aircraft manufacturers;
       (F) 1 representative of on-demand passenger air carriers 
     and corporate aircraft operations; and
       (G) 1 representative of regional passenger air carriers;
       (2) 1 representative from the Department of Commerce, 
     designated by the Secretary of Commerce;
       (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 the amount and type of work that is being 
     performed by aircraft repair facilities located within, and 
     outside of, the United States; and
       (2) provide advice and counsel to the Secretary with 
     respect to the aircraft and aviation component repair work 
     performed by aircraft repair facilities and air carriers, 
     staffing needs, and any balance of trade or safety issues 
     associated with that work.
       (d) DOT To Request Information From Air Carriers and Repair 
     Facilities.--
       (1) Collection of information.--The Secretary, by 
     regulation, shall require air carriers, foreign air carriers, 
     domestic repair facilities, and foreign repair facilities to 
     submit such information as the Secretary may require in order 
     to assess balance of trade and safety issues with respect to 
     work performed on aircraft used by air carriers, foreign air 
     carriers, United States corporate operators, and foreign 
     corporate operators.

[[Page H679]]

       (2) Drug and alcohol testing information.--Included in the 
     information the Secretary requires under paragraph (1) shall 
     be information on the existence and administration of 
     employee drug and alcohol testing programs in place at the 
     foreign repair facilities, if applicable. The Secretary, if 
     necessary, shall work with the International Civil Aviation 
     Organization to increase the number and improve the 
     administration of employee drug and alcohol testing programs 
     at the foreign repair facilities.
       (3) Description of work done.--Included in the information 
     the Secretary requires under paragraph (1) shall be 
     information on the amount and type of work performed on 
     aircraft registered in and outside of the United States.
       (e) DOT To Facilitate Collection of Information About 
     Aircraft Maintenance.--The Secretary shall facilitate the 
     collection of information from the National Transportation 
     Safety Board, the Federal Aviation Administration, and other 
     appropriate agencies regarding maintenance performed by 
     aircraft repair facilities.
       (f) DOT To Make Information Available to Public.--The 
     Secretary shall make any relevant information received under 
     subsection (d) available to the public, consistent with the 
     authority to withhold trade secrets or commercial, financial, 
     and other proprietary information under section 552 of title 
     5, United States Code.
       (g) Termination.--The panel established under subsection 
     (a) shall terminate on the earlier of--
       (1) the date that is 2 years after the date of enactment of 
     this Act; or
       (2) December 31, 2001.
       (h) Definitions.--The definitions contained in section 
     40102 of title 49, United States Code, shall apply to this 
     section.

     SEC. 735. OPERATIONS OF AIR TAXI INDUSTRY.

       (a) Study.--The Administrator, in consultation with the 
     National Transportation Safety Board and other interested 
     persons, shall conduct a study of air taxi operators 
     regulated under part 135 of title 14, Code of Federal 
     Regulations.
       (b) Contents.--The study shall include an analysis of the 
     size and type of the aircraft fleet, relevant aircraft 
     equipment, hours flown, utilization rates, safety record by 
     various categories of use and aircraft type, sales revenues, 
     and airports served by the air taxi fleet.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study.

     SEC. 736. NATIONAL AIRSPACE REDESIGN.

       (a) Findings.--Congress makes the following findings:
       (1) The national airspace, comprising more than 29 million 
     square miles, handles more than 55,000 flights per day.
       (2) Almost 2,000,000 passengers per day traverse the United 
     States through 20 major en route centers, including more than 
     700 different sectors.
       (3) Redesign and review of the national airspace may 
     produce benefits for the travelling public by increasing the 
     efficiency and capacity of the air traffic control system and 
     reducing delays.
       (4) Redesign of the national airspace should be a high 
     priority for the Federal Aviation Administration and the air 
     transportation industry.
       (b) Redesign.--The Administrator, with advice from the 
     aviation industry and other interested parties, shall conduct 
     a comprehensive redesign of the national airspace system.
       (c) Report.--Not later than December 31, 2000, the 
     Administrator shall transmit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the Administrator's comprehensive 
     national airspace redesign. The report shall include 
     projected milestones for completion of the redesign and shall 
     also include a date for completion.
       (d) Authorization.--There is authorized to be appropriated 
     to the Administrator to carry out this section $12,000,000 
     for each of fiscal years 2000, 2001, and 2002.

     SEC. 737. COMPLIANCE WITH REQUIREMENTS.

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

     SEC. 738. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.

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

     SEC. 739. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

       (a) Approval of Sale.--To maintain the efficient 
     utilization of airports in the high-growth Cincinnati local 
     airport system, and to ensure that the Cincinnati-Municipal 
     Blue Ash Airport continues to operate to relieve congestion 
     at Cincinnati-Northern Kentucky International Airport and to 
     provide greater access to the general aviation community 
     beyond the expiration of the city of Cincinnati's grant 
     obligations, the Secretary may approve the sale of 
     Cincinnati-Municipal Blue Ash Airport from the city of 
     Cincinnati to the city of Blue Ash upon a finding that the 
     city of Blue Ash meets all applicable requirements for 
     sponsorship and if the city of Blue Ash agrees to continue 
     to maintain and operate Blue Ash Airport, as generally 
     contemplated and described within the Blue Ash Master Plan 
     Update dated November 30, 1998, for a period of 20 years 
     from the date existing grant assurance obligations of the 
     city of Cincinnati expire.
       (b) Treatment of Proceeds From Sale.--The Secretary and the 
     Administrator are authorized to grant the city of Cincinnati 
     an exemption from the provisions of sections 47107 and 47133 
     of title 49, United States Code, grant obligations of the 
     city of Cincinnati, and regulations and policies of the 
     Federal Aviation Administration, to the extent necessary to 
     allow the city of Cincinnati to use the proceeds from the 
     sale approved under subsection (a) for any purpose authorized 
     by the city of Cincinnati.

     SEC. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR 
                   USE IN RESPONDING TO OIL SPILLS.

       (a) Authority.--
       (1) Sale of aircraft and aircraft parts.--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 sell, 
     during the period beginning on the date of enactment of this 
     Act and ending September 30, 2002, 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) Aircraft and aircraft parts that may be sold.--The 
     aircraft and aircraft parts that may be sold under paragraph 
     (1) are aircraft and aircraft parts of the Department of 
     Defense that are determined by the Secretary of Defense to 
     be--
       (A) excess to the needs of the Department; 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; and
       (2) may not be flown outside of or removed from the United 
     States except for the purpose of fulfilling an international 
     agreement to assist in oil spill dispersing efforts, 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) Issuance.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of Transportation and the 
     Administrator of General Services, shall prescribe 
     regulations relating to the sale of aircraft and aircraft 
     parts under this section.
       (2) Contents.--The regulations shall--
       (A) ensure that the sale of the aircraft and aircraft parts 
     is made at a fair market value, as determined by the 
     Secretary of Defense, and, to the extent practicable, on a 
     competitive basis;
       (B) require a certification by the purchaser that the 
     aircraft and aircraft parts will be used 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 operators 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 transmit to the Committees on Armed Services 
     and Commerce, Science, and Transportation of the Senate and 
     the Committees on National Security and Transportation and 
     Infrastructure 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) Statutory Construction.--
       (1) Authority of administrator.--Nothing in this section 
     may be construed as affecting the

[[Page H680]]

     authority of the Administrator under any other provision of 
     law.
       (2) Certification requirements.--Nothing in this section 
     may be construed to waive, with respect to an aircraft sold 
     under the authority of this section, any requirement to 
     obtain a certificate from the Administrator to operate the 
     aircraft for any purpose (other than oil spill spotting, 
     observation, and dispersant delivery) for which such a 
     certificate is required.
       (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. 741. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS 
                   SYSTEMS OUTSIDE THE UNITED STATES.

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

     SEC. 742. SPECIALTY METALS CONSORTIUM.

       (a) In General.--The Administrator 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.
       (b) Report.--Not later than 6 months after entering into an 
     agreement with a consortium described in subsection (a), the 
     Administrator shall transmit to Congress a report on the 
     goals and efforts of the consortium.

     SEC. 743. ALKALI SILICA REACTIVITY DISTRESS.

       (a) In General.--The Administrator may conduct a study on 
     the impact of alkali silica reactivity distress on airport 
     runways and taxiways and the use of lithium salts and other 
     alternatives for mitigation and prevention of such distress. 
     The study shall include a determination based on in-the-field 
     inspections followed by petrographic analysis or other 
     similar techniques.
       (b) Authority To Make Grants.--The Administrator may carry 
     out the study by making a grant to, or entering into a 
     cooperative agreement with, a nonprofit organization for the 
     conduct of all or a part of the study.
       (c) Report.--Not later than 18 months after the date of 
     initiation of the study under subsection (a), the 
     Administrator shall transmit to Congress a report on the 
     results of the study.

     SEC. 744. 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 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

[[Page H681]]

     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. 745. GENERAL ACCOUNTING OFFICE AIRPORT NOISE STUDY.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on airport noise in the United 
     States.
       (b) Contents of Study.--In conducting the study, the 
     Comptroller General shall examine--
       (1) the selection of noise measurement methodologies used 
     by the Administrator;
       (2) the threshold of noise at which health begins to be 
     affected;
       (3) the effectiveness of noise abatement programs at 
     airports located in the United States;
       (4) the impacts of aircraft noise on communities, including 
     schools;
       (5) the noise assessment practices of the Federal Aviation 
     Administration and whether such practices fairly and 
     accurately reflect the burden of noise on communities; and
       (6) the items requested to be examined by certain members 
     of the House of Representatives in a letter relating to 
     aircraft noise to the Comptroller General dated April 30, 
     1999.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall transmit 
     to Congress a report on the results of the study.

     SEC. 746. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, 
                   ARIZONA.

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

     SEC. 747. NONMILITARY HELICOPTER NOISE.

       (a) In General.--The Secretary shall conduct a study--
       (1) on the effects of nonmilitary helicopter noise on 
     individuals in densely populated areas in the continental 
     United States; and
       (2) to develop recommendations for the reduction of the 
     effects of nonmilitary helicopter noise.
       (b) Focus.--In conducting the study, the Secretary shall 
     focus on air traffic control procedures to address helicopter 
     noise problems and shall take into account the needs of law 
     enforcement.
       (c) Consideration of Views.--In conducting the study, the 
     Secretary shall consider the views of representatives of the 
     helicopter industry and organizations with an interest in 
     reducing nonmilitary helicopter noise.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study conducted under 
     this section.

     SEC. 748. NEWPORT NEWS, VIRGINIA.

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

     SEC. 749. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, 
                   YAVAPAI COUNTY, ARIZONA.

       (a) In General.--Notwithstanding the Federal Airport Act 
     (as in effect on October 31, 1956) or sections 47125 and 
     47153 of title 49, United States Code, and subject to this 
     section, the Secretary of Transportation may waive any term 
     contained in the deed of conveyance dated October 31, 1956, 
     by which the United States conveyed lands to the county of 
     Yavapai, Arizona, for use by the county for airport purposes.
       (b) Limitation.--No waiver may be granted under subsection 
     (a) if the waiver would result in the closure of an airport.
       (c) Condition.--The county of Yavapai, Arizona, shall agree 
     that, in leasing or conveying any interest in property to 
     which the deed of conveyance described in subsection (a) 
     relates, the county will receive an amount that is equal to 
     the fair lease value or the fair market value, as the case 
     may be, as determined pursuant to regulations issued by the 
     Secretary.

     SEC. 750. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, 
                   PINAL COUNTY, ARIZONA.

       (a) In General.--Notwithstanding the Federal Airport Act 
     (as in effect on June 3, 1952) or sections 47125 and 47153 of 
     title 49, United States Code, and subject to this section, 
     the Secretary of Transportation may waive any term contained 
     in the deed of conveyance dated June 3, 1952, by which the 
     United States conveyed lands to the county of Pinal, Arizona, 
     for use by the county for airport purposes.
       (b) Limitation.--No waiver may be granted under subsection 
     (a) if the waiver would result in the closure of an airport.
       (c) Condition.--The county of Pinal, Arizona, shall agree 
     that, in leasing or conveying any interest in property to 
     which the deed of conveyance described in subsection (a) 
     relates, the county will receive an amount that is equal to 
     the fair lease value or the fair market value, as the case 
     may be, as determined pursuant to regulations issued by the 
     Secretary.

     SEC. 751. 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.), and subject 
     to the requirements of this section, the Secretary (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 revenues.--An institution of higher education 
     that is issued a waiver under subsection (a) shall use 
     revenues derived from the use, operation, or disposal of that 
     land--
       (A) for the airport; and
       (B) to the extent that funds remain available, for weather-
     related and educational purposes that primarily benefit 
     aviation.
       (d) Condition.--An institution of higher education that is 
     issued a waiver under subsection (a), shall agree that, in 
     leasing or conveying any interest in land to which the deed 
     of conveyance described in subsection (b) relates, the 
     institution will receive an amount that is equal to the fair 
     lease value or the fair market value, as the case may be, as 
     determined pursuant to regulations issued by the Secretary.
       (e) 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 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 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.

[[Page H682]]

     SEC. 752. FORMER AIRFIELD LANDS, GRANT PARISH, LOUISIANA.

       (a) In General.--Subject to the requirements of this 
     section, 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) Conditions.--Any release under subsection (a) shall be 
     subject to the following conditions:
       (1) In leasing or conveying any interest in the land with 
     respect to which releases are granted under subsection (a), 
     the party owning the property after the releases shall 
     receive an amount that is equal to the fair lease value or 
     the fair market value, as the case may be, as determined 
     pursuant to regulations issued by the Secretary.
       (2) Any amount so received may be used only for the 
     development, improvement, operation, or maintenance of the 
     airport.

     SEC. 753. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.

       (a) In General.--Subject to subsection (b), the Secretary 
     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 which the release applies--
       (1) does not exceed 400 acres; and
       (2) is not needed for airport purposes.
       (b) Condition.--The proceeds of the sale of any property to 
     which a release under subsection (a) applies shall be used 
     for airport purposes.

     SEC. 754. IDITAROD AREA SCHOOL DISTRICT.

       Notwithstanding any other provision of law (including 
     section 47125 of title 49, United States Code), the 
     Administrator of the Federal Aviation Administration, or the 
     Administrator of General Services, 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. 755. ALTERNATIVE POWER SOURCES FOR FLIGHT DATA RECORDERS 
                   AND COCKPIT VOICE RECORDERS.

       (a) Study.--The Administrator shall conduct a study on the 
     need for an alternative power source for on-board flight data 
     recorders and cockpit voice recorders.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study.
       (c) Coordination With NTSB.--If, before submitting the 
     report, the Administrator determines, after consultation with 
     the National Transportation Safety Board, that the Board is 
     preparing recommendations with respect to the matter to be 
     studied under this section and will issue the recommendations 
     within a reasonable period of time, the Administrator shall 
     transmit to Congress a report containing the Administrator's 
     comments on the Board's recommendations rather than 
     conducting a separate study under this section.

     SEC. 756. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION 
                   SYSTEM.

       The Administrator shall 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. 757. STREAMLINING SEAT AND RESTRAINT SYSTEM 
                   CERTIFICATION PROCESS AND DYNAMIC TESTING 
                   REQUIREMENTS.

       (a) Working Groups.--Not later than 3 months after the date 
     of enactment of this Act, the Administrator shall form a 
     working group comprised of both government and industry 
     representatives to make recommendations for streamlining the 
     seat and restraint system certification process and the 16g 
     dynamic testing requirements under part 25 of title 14, Code 
     of Federal Regulations, to focus on reducing both the cost 
     and the length of time associated with certification of 
     aircraft seats and restraints.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the findings of the working group.

     SEC. 758. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR 
                   TRAFFIC OVER NORTHERN DELAWARE.

       (a) Definition.--The term ``Brandywine Intercept'' means 
     the point over Brandywine Hundred in northern Delaware that 
     pilots use for guidance and maintenance of safe operation 
     from other aircraft and over which most aircraft pass on 
     their East Operations approach to Philadelphia International 
     Airport.
       (b) Findings.--Congress makes the following findings:
       (1) The Brandywine Hundred area of New Castle County, 
     Delaware, serves as a major approach causeway to Philadelphia 
     International Airport's East Operations runways.
       (2) The standard of altitude over the Brandywine Intercept 
     is 3,000 feet, with airport scatter charts indicating that 
     within a given hour of consistent weather and visibility 
     aircraft fly over the Brandywine Hundred at anywhere from 
     2,500 to 4,000 feet.
       (3) Lower airplane altitudes result in increased ground 
     noise.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary should--
       (1) include northern Delaware in any study of aircraft 
     noise conducted under part 150 of title 14, Code of Federal 
     Regulations, required under the National Environmental Policy 
     Act of 1969 for the redesign of the airspace surrounding 
     Philadelphia International Airport;
       (2) study the feasibility, consistent with safety, of 
     placing the approach causeway for Philadelphia International 
     Airport's East Operations over the Delaware River (instead of 
     Brandywine Hundred); and
       (3) study the feasibility of increasing the standard 
     altitude over the Brandywine Intercept from 3,000 feet to 
     4,000 feet.

     SEC. 759. POST FREE FLIGHT PHASE I ACTIVITIES.

       Not later than August 1, 2000, the Administrator shall 
     transmit to Congress a definitive plan for the continued 
     implementation of Free Flight Phase I operational 
     capabilities for fiscal years 2003 through 2005. The plan 
     shall include and address the recommendations concerning 
     operational capabilities for fiscal years 2003 through 2005 
     due to be made by the RTCA Free Flight Steering Committee in 
     December 1999 that was established at the direction of the 
     Federal Aviation Administration. The plan shall also include 
     budget estimates for the implementation of these operational 
     capabilities.

     SEC. 760. SENSE OF CONGRESS REGARDING PROTECTING THE 
                   FREQUENCY SPECTRUM USED FOR AVIATION 
                   COMMUNICATION.

       It is the sense of Congress that with the World Radio 
     Communication Conference scheduled to begin in May 2000 and 
     the need to ensure that the frequency spectrum available for 
     aviation communication and navigation is adequate, the 
     Federal Aviation Administration, working with appropriate 
     Federal agencies and departments, should--
       (1) give high priority to developing a national policy to 
     protect the frequency spectrum used for the Global 
     Positioning System that is critical to aviation 
     communications and the safe operation of aircraft; and
       (2) expedite the appointment of the United States 
     Ambassador to the World Radio Communication Conference.

     SEC. 761. LAND EXCHANGES, FORT RICHARDSON AND ELMENDORF AIR 
                   FORCE BASE, ALASKA.

       (a) Conveyance Authorized.--The Secretary of the Interior 
     and the Secretaries of the Army, Air Force, or such other 
     military departments as may be necessary and appropriate may 
     convey to the Alaska Railroad Corporation for purposes of 
     track realignment all right, title, and interest of the 
     United States in and to approximately 227 acres of land 
     located on Fort Richardson and on Elmendorf Air Force Base, 
     Alaska, in the vicinity of, and in exchange for all right, 
     title and interest of the Alaska Railroad Corporation in, 
     approximately 229 acres of railroad right-of-way located 
     between railroad mileposts 117 and 129.
       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by surveys satisfactory to 
     each Secretary. The cost of the surveys shall be borne by the 
     Alaska Railroad Corporation.
       (c) Additional Terms and Conditions.--Each Secretary may 
     require as to the real property under his jurisdiction such 
     additional terms and conditions in connection with the 
     conveyances under subsection (a) as the Secretary considers 
     appropriate to protect the interests of the United States. 
     The interest conveyed by the Alaska Railroad Corporation to 
     the United States under subsection (a) shall be the full 
     title and interest received by the Corporation under the 
     Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et 
     seq.). The individual parcels of real property conveyed to 
     the United States under this  section shall be incorporated 
     into the appropriate land withdrawals for the military 
     installation in which they are situated or which surround 
     them. The interest conveyed to the Corporation by each 
     Secretary under subsection (a) shall be subject to the 
     same reservations and limitations under the Alaska 
     Railroad Transfer Act of 1982 as are currently applicable 
     to the right-of-way for which the land is being exchanged.
       (d) Savings Clause.--Nothing in this section affects the 
     duties, responsibilities, and liability of the Federal 
     Government under the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) concerning any lands exchanged under this section.

     SEC. 762. BILATERAL RELATIONSHIP.

       (a) Findings.--Congress makes the following findings:
       (1) The current agreement between the United States and the 
     United Kingdom for operating rights between the 2 countries, 
     known as Bermuda II, is one of the most restrictive bilateral 
     agreements the United States has with a developed aviation 
     power that provides substantially greater opportunities and 
     has resulted in a disproportionate market share in favor of 
     United Kingdom carriers over United States carriers.
       (2) The United States has attempted in good faith to 
     negotiate a new bilateral agreement, but the United Kingdom 
     has been unwilling to accept or introduce reasonable 
     proposals for a new agreement.
       (3) Because of the United Kingdom's unwillingness to accept 
     reasonable proposals advanced by the United States, the 
     latest rounds of negotiations between the United States and 
     the United Kingdom for new operating rights have failed to 
     produce an agreement between the 2 countries.
       (4) The Secretary has the discretionary authority to revoke 
     the exemption held by British carriers to operate the 
     Concorde aircraft into the United States.
       (b) Consideration of Exercising Authority.--The Secretary 
     should immediately consider whether exercise of his authority 
     to revoke

[[Page H683]]

     the Concorde exemption would be an appropriate and effective 
     response to the present unsatisfactory situation.
       (c) Consideration of Other Remedies.--The Secretary should 
     immediately consider whether it would be effective and 
     appropriate to execute other remedies available to the United 
     States Government, including--
       (1) revoking all slots and slot exemptions held by British 
     air carriers at all United States slot-restricted airports;
       (2) rescinding current exemptions or permits under the 
     Bermuda II bilateral to prohibit flights by British carriers 
     to the United States; or
       (3) renunciation of the current Bermuda II bilateral.
             TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``National Parks Air Tour 
     Management Act of 2000''.

     SEC. 802. FINDINGS.

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

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

       (a) In General.--Chapter 401 (as amended by section 706(a) 
     of this Act) is further amended by adding at the end the 
     following:

     ``Sec. 40128. 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 applicable air tour management 
     plan for the park or 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 the park or 
     tribal lands.
       ``(B) Competitive bidding for limited capacity parks.--
     Whenever an air tour management plan limits the number of 
     commercial air tour operations over a national park during a 
     specified time frame, the Administrator, in cooperation with 
     the Director, shall issue operation specifications to 
     commercial air tour operators that conduct such operations. 
     The operation specifications shall include such terms and 
     conditions as the Administrator and the Director find 
     necessary for management of commercial air tour operations 
     over the park. The Administrator, in cooperation with the 
     Director, shall develop an open competitive process for 
     evaluating proposals from persons interested in providing 
     commercial air tour operations over the park. In making a 
     selection from among various proposals submitted, the 
     Administrator, in cooperation with the Director, shall 
     consider relevant factors, including--
       ``(i) the safety record of the person submitting the 
     proposal or pilots employed by the person;
       ``(ii) any quiet aircraft technology proposed to be used by 
     the person submitting the proposal;
       ``(iii) the experience of the person submitting the 
     proposal with commercial air tour operations over other 
     national parks or scenic areas;
       ``(iv) the financial capability of the person submitting 
     the proposal;
       ``(v) any training programs for pilots provided by the 
     person submitting the proposal; and
       ``(vi) responsiveness of the person submitting the proposal 
     to any relevant criteria developed by the National Park 
     Service for the affected park.
       ``(C) Number of operations authorized.--In determining the 
     number of authorizations to issue to provide commercial air 
     tour operations over a national park, the Administrator, in 
     cooperation with the Director, shall take into consideration 
     the provisions of the air tour management plan, the number of 
     existing commercial air tour operators and current level of 
     service and equipment provided by any such operators, and the 
     financial viability of each commercial air tour operation.
       ``(D) Cooperation with nps.--Before granting an application 
     under this paragraph, the Administrator, in cooperation with 
     the Director, shall develop an air tour management plan in 
     accordance with subsection (b) and implement such plan.
       ``(E) Time limit on response to atmp applications.--The 
     Administrator shall make every effort to act on any 
     application under this paragraph and issue a decision on the 
     application not later than 24 months after it is received or 
     amended.
       ``(F) Priority.--In acting on applications under this 
     paragraph to provide commercial air tour operations over a 
     national park, the Administrator shall give priority to an 
     application under this paragraph in any case in which a new 
     entrant commercial air tour operator is seeking operating 
     authority with respect to that national park.
       ``(3) Exception.--Notwithstanding paragraph (1), commercial 
     air tour operators may conduct commercial air tour operations 
     over a national park under part 91 of the title 14, Code of 
     Federal Regulations if--
       ``(A) such activity is permitted under part 119 of such 
     title;
       ``(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 
     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 apply, not later than 90 days after the 
     date of enactment of this section, for operating authority 
     under part 119, 121, or 135 of title 14, Code of Federal 
     Regulations. A new entrant commercial air tour operator shall 
     apply for such authority before conducting commercial air 
     tour operations over a national park or tribal lands. The 
     Administrator shall make every effort to act on any such 
     application for a new entrant and issue a decision on the 
     application not later than 24 months after it is received or 
     amended.
       ``(b) Air Tour Management Plans.--
       ``(1) Establishment.--
       ``(A) In general.--The Administrator, in cooperation with 
     the Director, shall establish an air tour management plan for 
     any national park or tribal land for which such a plan is not 
     in effect whenever a person applies for authority to conduct 
     a commercial air tour operation over the park. The air tour 
     management plan shall be developed by means of a public 
     process in accordance with paragraph (4).
       ``(B) Objective.--The objective of any air tour management 
     plan shall be to develop acceptable and effective measures to 
     mitigate or prevent the significant adverse impacts, if any, 
     of commercial air tour operations upon the natural and 
     cultural resources, visitor experiences, and tribal lands.
       ``(2) Environmental determination.--In establishing an air 
     tour management plan under this subsection, the Administrator 
     and the Director shall each sign the environmental decision 
     document required by section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332) 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 tour operations 
     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 tour operations if 
     the plan includes a limitation on the number of commercial 
     air tour operations for any time period; and
       ``(F) shall justify and document the need for measures 
     taken pursuant to subparagraphs (A) through (E) and include 
     such justifications in the record of decision.
       ``(4) Procedure.--In establishing an air tour management 
     plan for a national park or tribal lands, the Administrator 
     and the Director shall--
       ``(A) hold at least one public meeting with interested 
     parties to develop the air tour management plan;
       ``(B) publish the proposed plan in the Federal Register for 
     notice and comment and make copies of the proposed plan 
     available to the public;
       ``(C) comply with the regulations set forth in sections 
     1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal 
     Regulations (for purposes of complying with the regulations, 
     the Federal Aviation Administration shall be the lead agency 
     and the National Park Service is a cooperating agency); and
       ``(D) solicit the participation of any Indian tribe whose 
     tribal lands are, or may be, overflown by aircraft involved 
     in a commercial air tour operation over the park or tribal 
     lands to which the plan applies, as a cooperating agency 
     under the regulations referred to in subparagraph (C).
       ``(5) Judicial review.--An air tour management plan 
     developed under this subsection shall be subject to judicial 
     review.
       ``(6) Amendments.--The Administrator, in cooperation with 
     the Director, may make amendments to an air tour management 
     plan. Any such amendments shall be published in the Federal 
     Register for notice and comment. A request

[[Page H684]]

     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 subsection to a commercial air tour 
     operator for commercial air tour operations over 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 
     the commercial air tour operations within the 12-month period 
     prior to the date of enactment of this section; or
       ``(ii) the average number of flights per 12-month period 
     used by the operator to provide such operations 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 
     commercial air tour operations conducted during any time 
     period by the commercial air tour operator above the number 
     that the air tour operator was originally granted unless such 
     an increase is agreed to by the Administrator and the 
     Director;
       ``(C) shall be published in the Federal Register to provide 
     notice and opportunity for comment;
       ``(D) may be revoked by the Administrator for cause;
       ``(E) shall terminate 180 days after the date on which an 
     air tour management plan is established for the park or 
     tribal lands;
       ``(F) shall promote protection of national park resources, 
     visitor experiences, and tribal lands;
       ``(G) shall promote safe commercial air tour operations;
       ``(H) shall promote the adoption of quiet technology, as 
     appropriate; and
       ``(I) shall allow for modifications of the interim 
     operating authority 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 or 
     tribal lands 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 tour operations over the park or 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 the park or on the tribal lands, or the Director 
     determines that it would create a noise problem at the park 
     or on the 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 this section.
       ``(d) Exemptions.--This section shall not apply to--
       ``(1) the Grand Canyon National Park; or
       ``(2) tribal lands within or abutting the Grand Canyon 
     National Park.
       ``(e) Lake Mead.--This section shall not apply to any air 
     tour operator while flying over or near the Lake Mead 
     National Recreation Area, solely as a transportation route, 
     to conduct an air tour over the Grand Canyon National Park.
       ``(f) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Commercial air tour operator.--The term `commercial 
     air tour operator' means any person who conducts a commercial 
     air tour operation.
       ``(2) Existing commercial air tour operator.--The term 
     `existing commercial air tour operator' means a commercial 
     air tour operator that was actively engaged in the business 
     of providing commercial air tour operations over a national 
     park at any time during the 12-month period ending on the 
     date of enactment of this section.
       ``(3) New entrant commercial air tour operator.--The term 
     `new entrant commercial air tour operator' means a commercial 
     air tour operator that--
       ``(A) applies for operating authority as a commercial air 
     tour operator for a national park or tribal lands; and
       ``(B) has not engaged in the business of providing 
     commercial air tour operations over the national park or 
     tribal lands in the 12-month period preceding the 
     application.
       ``(4) Commercial air tour operation.--
       ``(A) In general.--The term `commercial air tour operation' 
     means any flight, conducted for compensation or hire in a 
     powered aircraft where a purpose of the flight is sightseeing 
     over a national park, within \1/2\ mile outside the boundary 
     of any national park, or over tribal lands, during which the 
     aircraft flies--
       ``(i) 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); or
       ``(ii) less than 1 mile laterally from any geographic 
     feature within the park (unless more than \1/2\ mile outside 
     the boundary).
       ``(B) Factors to consider.--In making a determination of 
     whether a flight is a commercial air tour operation for 
     purposes of this section, the Administrator may consider--
       ``(i) whether there was a holding out to the public of 
     willingness to conduct a sightseeing flight for compensation 
     or hire;
       ``(ii) whether a narrative that referred to areas or points 
     of interest on the surface below the route of the flight was 
     provided by the person offering the flight;
       ``(iii) the area of operation;
       ``(iv) the frequency of flights conducted by the person 
     offering the flight;
       ``(v) the route of flight;
       ``(vi) the inclusion of sightseeing flights as part of any 
     travel arrangement package offered by the person offering the 
     flight;
       ``(vii) whether the flight would have been canceled based 
     on poor visibility of the surface below the route of the 
     flight; and
       ``(viii) any other factors that the Administrator and the 
     Director consider appropriate.
       ``(5) National park.--The term `national park' means any 
     unit of the National Park System.
       ``(6) Tribal lands.--The term `tribal lands' means Indian 
     country (as that term is defined in section 1151 of title 18) 
     that is within or abutting a national park.
       ``(7) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(8) Director.--The term `Director' means the Director of 
     the National Park Service.''.
       (b) Conforming Amendment.--The analysis for chapter 401 (as 
     amended by section 706(b) of this Act) is further amended by 
     adding at the end the following:

``40128. Overflights of national parks.''.

       (c) Compliance With Other Regulations.--For purposes of 
     section 40126 of title 49, United States Code--
       (1) regulations issued by the Secretary of Transportation 
     and the Administrator under section 3 of Public Law 100-91 
     (16 U.S.C. 1a-1 note), and
       (2) 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.

     SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.

       (a) Quiet Technology Requirements.--Within 12 months after 
     the date of enactment of this Act, the Administrator shall 
     designate reasonably achievable requirements for fixed-wing 
     and helicopter aircraft necessary for such aircraft to be 
     considered as employing quiet aircraft technology for 
     purposes of this section. If the Administrator determines 
     that the Administrator will not be able to make such 
     designation before the last day of such 12-month period, the 
     Administrator shall transmit to Congress a report on the 
     reasons for not meeting such time period and the expected 
     date of such designation.
       (b) Routes or Corridors.--In consultation with the Director 
     and the advisory group established under section 805, the 
     Administrator shall establish, by rule, routes or corridors 
     for commercial air tour operations (as defined in section 
     40126(e)(4) of title 49, United States Code) by fixed-wing 
     and helicopter aircraft that employ quiet aircraft technology 
     for--
       (1) tours of the Grand Canyon originating in Clark County, 
     Nevada; and
       (2) ``local loop'' tours originating at the Grand Canyon 
     National Park Airport, in Tusayan, Arizona,

     provided that such routes or corridors can be located in 
     areas that will not negatively impact the substantial 
     restoration of natural quiet, tribal lands, or safety.
       (c) Operational Caps.--Commercial air tour operations by 
     any fixed-wing or helicopter aircraft that employs quiet 
     aircraft technology and that replaces an existing aircraft 
     shall not be subject to the operational flight allocations 
     that apply to other commercial air tour operations of the 
     Grand Canyon, provided that the cumulative impact of such 
     operations does not increase noise at the Grand Canyon.
       (d) Modification of Existing Aircraft To Meet Standards.--A 
     commercial air tour operation by a fixed-wing or helicopter 
     aircraft in a commercial air tour operator's fleet on the 
     date of enactment of this Act that meets the requirements 
     designated under subsection (a), or is subsequently modified 
     to meet the requirements designated under subsection (a), may 
     be used for commercial air tour operations under the same 
     terms and conditions as a replacement aircraft under 
     subsection (c) without regard to whether it replaces an 
     existing aircraft.
       (e) Mandate To Restore Natural Quiet.--Nothing in this Act 
     shall be construed to relieve or diminish--
       (1) the statutory mandate imposed upon the Secretary of the 
     Interior and the Administrator of the Federal Aviation 
     Administration under Public Law 100-91 (16 U.S.C. 1a-1 note) 
     to achieve the substantial restoration of the natural quiet 
     and experience at the Grand Canyon National Park; and
       (2) the obligations of the Secretary and the Administrator 
     to promulgate forthwith regulations to achieve the 
     substantial restoration of the natural quiet and experience 
     at the Grand Canyon National Park.

     SEC. 805. ADVISORY GROUP.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator and the Director of 
     the National Park Service shall jointly establish an advisory 
     group to provide continuing advice and counsel with respect 
     to commercial air tour operations over and near national 
     parks.
       (b) Membership.--
       (1) In general.--The advisory group shall be composed of--

[[Page H685]]

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

     SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER 
                   THE ROCKY MOUNTAIN NATIONAL PARK.

       Effective beginning on the date of enactment of this Act, 
     no commercial air tour operation may be conducted 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.

     SEC. 807. REPORTS.

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

     SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.

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

     SEC. 809. ALASKA EXEMPTION.

       The provisions of this title and section 40128 of title 49, 
     United States Code, as added by section 803(a), do not apply 
     to any land or waters located in Alaska.
   TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

     SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

       Section 48102(a) is amended--
       (1) by striking ``and'' at the end of paragraph (4)(J);
       (2) by striking the period at the end of paragraph (5) and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) for fiscal year 2000, $224,000,000, including--
       ``(A) $17,269,000 for system development and infrastructure 
     projects and activities;
       ``(B) $33,042,500 for capacity and air traffic management 
     technology projects and activities;
       ``(C) $11,265,400 for communications, navigation, and 
     surveillance projects and activities;
       ``(D) $19,300,000 for weather projects and activities;
       ``(E) $6,358,200 for airport technology projects and 
     activities;
       ``(F) $44,457,000 for aircraft safety technology projects 
     and activities;
       ``(G) $53,218,000 for system security technology projects 
     and activities;
       ``(H) $26,207,000 for human factors and aviation medicine 
     projects and activities;
       ``(I) $3,481,000 for environment and energy projects and 
     activities; and
       ``(J) $2,171,000 for innovative/cooperative research 
     projects and activities, of which $750,000 shall be for 
     carrying out subsection (h);
       ``(7) for fiscal year 2001, $237,000,000; and
       ``(8) for fiscal year 2002, $249,000,000.''.

     SEC. 902. INTEGRATED NATIONAL AVIATION RESEARCH PLAN.

       (a) In General.--Section 44501(c) amended--
       (1) in paragraph (2)(B)--
       (A) by striking ``and'' at the end of clause (iii);
       (B) by redesignating clause (iv) as clause (v) and 
     inserting after clause (iii) the following:
       ``(iv) identify the individual research and development 
     projects in each funding category that are described in the 
     annual budget request;''
       (C) by striking the period at the end of clause (v) (as so 
     redesignated) and inserting in lieu thereof ``; and''; and
       (D) by adding at the end the following:
       ``(vi) highlight the research and development technology 
     transfer activities that promote technology sharing among 
     government, industry, and academia through the Stevenson-
     Wydler Technology Innovation Act of 1980.''; and
       (2) in paragraph (3) by inserting ``The report shall be 
     prepared in accordance with requirements of section 1116 of 
     title 31.'' after ``effect for the prior fiscal year.''.
       (b) Requirement.--Not later than October 1, 2000, the 
     Administrator of the National Aeronautics and Space 
     Administration and the Administrator of the Federal Aviation 
     Administration shall jointly prepare and transmit to the 
     Congress an integrated civil aviation research and 
     development plan.
       (c) Contents.--The plan required by subsection (b) shall 
     include--
       (1) an identification of the respective research and 
     development requirements, roles, and responsibilities of the 
     National Aeronautics and Space Administration and the Federal 
     Aviation Administration;
       (2) formal mechanisms for the timely sharing of information 
     between the National Aeronautics and Space Administration and 
     the Federal Aviation Administration; and
       (3) procedures for increased communication and coordination 
     between the Federal Aviation Administration research advisory 
     committee established under section 44508 of title 49, United 
     States Code, and the NASA Aeronautics and Space 
     Transportation Technology Advisory Committee.

     SEC. 903. INTERNET AVAILABILITY OF INFORMATION.

       The Administrator shall make available through the Internet 
     home page of the Federal Aviation Administration the 
     abstracts relating to all research grants and awards made 
     with funds authorized by the amendments made by this Act. 
     Nothing in this section shall be construed to require or 
     permit the release of any information prohibited by law or 
     regulation from being released to the public.

     SEC. 904. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.

       Section 44504(b)(1) of is amended by inserting ``, 
     including nonstructural aircraft systems,'' after ``life of 
     aircraft''.

     SEC. 905. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

       The Administrator shall consider awards to nonprofit 
     concrete pavement research foundations to improve the design, 
     construction, rehabilitation, and repair of rigid concrete 
     airfield pavements to aid in the development of safer, more 
     cost-effective, and durable airfield pavements. The 
     Administrator may use a grant or cooperative agreement for 
     this purpose. Nothing in this section shall require the 
     Administrator to prioritize an airfield pavement research 
     program above safety, security, Flight 21, environment, or 
     energy research programs.

     SEC. 906. EVALUATION OF RESEARCH FUNDING TECHNIQUES.

       (a) In General.--The Secretary, in consultation with the 
     National Academy of Sciences and representatives of airports, 
     shall evaluate the applicability of the techniques used to 
     fund and administer research under the National Highway 
     Cooperative Research Program and the National Transit 
     Research Program to the research needs of airports.
       (b) Report.--The Secretary shall transmit to Congress a 
     report on the results of the evaluation conducted under this 
     section.
    TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

     SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY.

       (a) In General.--Paragraph (1) of section 9502(d) of the 
     Internal Revenue Code of 1986 (relating to expenditures from 
     Airport and Airway Trust Fund) is amended--
       (1) by striking ``October 1, 1998'' and inserting ``October 
     1, 2003''; and
       (2) by inserting before the semicolon at the end of 
     subparagraph (A) the following: ``or the provisions of the 
     Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 providing for payments from the 
     Airport and Airway Trust Fund or the Interim Federal Aviation 
     Administration Authorization Act or section 6002 of the 1999 
     Emergency Supplemental Appropriations Act, Public Law 106-59, 
     or the Wendell H. Ford Aviation Investment and Reform Act for 
     the 21st Century''.
       (b) Limitation on Expenditure Authority.--Section 9502 of 
     such Code is amended by adding at the end the following new 
     subsection:
       ``(f) Limitation on Transfers to Trust Fund.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     amount may be appropriated or credited to the Airport and 
     Airway Trust Fund

[[Page H686]]

     on and after the date of any expenditure from the Airport and 
     Airway Trust Fund which is not permitted by this section. The 
     determination of whether an expenditure is so permitted shall 
     be made without regard to--
       ``(A) any provision of law which is not contained or 
     referenced in this title or in a revenue Act; and
       ``(B) whether such provision of law is a subsequently 
     enacted provision or directly or indirectly seeks to waive 
     the application of this subsection.
       ``(2) Exception for prior obligations.--Paragraph (1) shall 
     not apply to any expenditure to liquidate any contract 
     entered into (or for any amount otherwise obligated) before 
     October 1, 2003, in accordance with the provisions of this 
     section.''.
       And the Senate agree to the same.
     Bud Shuster,
     Don Young,
     Thomas E. Petri,
     John J. Duncan, Jr.,
     Thomas W. Ewing,
     Stephen Horn,
     Jack Quinn,
     Vernon J. Ehlers,
     Charles F. Bass,
     Edward A. Pease,
     John E. Sweeney,
     James L. Oberstar,
     Nick Rahall,
     William O. Lipinski,
     Peter DeFazio,
     Jerry F. Costello,
     Pat Danner,
     Eddie Bernice Johnson,
     Juanita Millender-McDonald,
     From the Committee on Ways and Means, for consideration of 
     title XI of the House bill, and modifications committed to 
     conference:
     Bill Archer,
     Phil Crane,
     Charles B. Rangel,
     From the Committee on Science, for consideration of title 
     XIII of the Senate amendment, and modifications committed to 
     conference:
     Connie Morella,
     Ralph M. Hall,
                                Managers on the Part of the House.
     From the Committee on Commerce, Science, and Transportation:
     Ted Stevens,
     Conrad Burns,
     Slade Gorton,
     Trent Lott,
     Fritz Hollings,
     Daniel K. Inouye,
     John D. Rockefeller IV,
     John F. Kerry,
     From the Committee on the Budget:
     Pete V. Domenici,
     Chuck Grassley,
     Don Nickles,
     Kent Conrad,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 1000) to amend 
     title 49, United States Code, to reauthorize programs of the 
     Federal Aviation Administration, and for other purposes, 
     submit the following statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.


                             1. Short Title

     House Bill
       Section 1: Aviation Investment and Reform Act for the 21st 
     Century
     Senate Amendment
       Section 1(a): Air Transportation Improvement Act.
     Conference Substitute
       Section 1: Wendell H. Ford Aviation Investment and Reform 
     Act for the 21st Century


                       2. Length of authorization

     House Bill
       The remainder of 1999 plus 5 years.
     Senate Amendment
       The rest of 1999 plus 2000, 2001, 2002.
     Conference Substitute
       Except for research title, the length of the authorization 
     is 4 years--2000 through 2003.


                          3. AIP Authorization

     House Bill
       Section 101: $2.41 billion in FY 99, $2.475 billion in FY 
     2000, $4 billion in 2001, $4.1 billion in 2002, $4.25 billion 
     in 2003, $4.35 billion in 2004. Amends section 47104(c) in 
     order to continue program.
     Senate Amendment
       Section 103: FY2000-$2.475 billion, FY2001-$2.410 billion, 
     FY2002-$2.410 billion.
       Also amends sections 47104(c) to allow DOT to make grants.
     Conference Substitute
       Section 101 of the conference substitute: $2.475 in 2000, 
     $3.2 billion in 2001 increasing $100 million each year 
     thereafter. Amends section 47104(c). Subsection (c) allows 
     the FAA's operations account to be reimbursed from the AIP 
     program for money spent to operate the airport office.


                         4. F & E authorization

     House Bill
       Section 102: Such sums as may be necessary in fiscal year 
     2000. $2.5 billion in fiscal year 2001. $3 billion in fiscal 
     year 2002. $3 billion in fiscal year 2003. $3 billion in 
     fiscal year 2004.
     Senate Amendment
       Section 102: FY1999-$2.131 billion, FY2000-$2.689 billion, 
     FY2001-$2.799 billion, FY2002-$2.914 billion. Requires the 
     establishment of life cycle cost estimates of ATC 
     modernization projects where life cycle cost estimate equals 
     or exceeds $50 million.
     Conference Substitute
       Section 102: Senate amounts in 2000, $2.66 billion in 2001, 
     $2.914 billion in 2002, and $2.981 billion in 2003.
       Section 102(e): Life cycle cost estimates from Senate bill.
       The managers do not intend that the amounts authorized for 
     fiscal year 2001 through 2003 by section 48101 of Title 49 be 
     used for any programs, projects, or activities that were 
     funded in fiscal year 2000 solely in accounts other than the 
     Facilities and Equipment Account (Treasury identification 
     number 69-8107-0-7-402.


                   5. Universal access systems (UAS)

     House Bill
       Section 102(b): Authorizes $8 million for the voluntary 
     purchase and installation of UAS.
     Senate Amendment
       No Provision.
     Conference Substitute
       Section 102(b). Same as House bill. FAA is directed to work 
     with organizations representing airports and airline pilots 
     to rapidly deploy the continuously-updated data needed on 
     approved flight crew members that will allow universal access 
     systems to properly operate. Existing systems that currently 
     deliver data and other information to airport computer 
     systems should be used if they will achieve rapid deployment 
     and provide the best cost, benefit, and security of standard 
     data. The FAA should partner with industry to develop the 
     universal data and standards needed to make such security 
     systems quickly available, and utilize digital networks that 
     are designed for airport sponsors and therefore maximize the 
     incentives to deploy universal security systems on a 
     voluntary basis.


   6. Alaska National Airspace Inter-facility Communications System 
                                (ANICS)

     House Bill
       Section 102(c): Authorizes $7.2 million from the F&E 
     account for this system.
       ANICS is an Air Traffic Satellite Network that provides a 
     state-of-the-art-inter-facility communications system for the 
     Federal Aviation Administration (FAA) Alaska region. The 
     network consists of four hub earth stations and up to 160 
     remote sites located throughout Alaska. Capable of providing 
     critical air traffic control and safety in one of the 
     harshest environments on earth, ANICS replaces an aging 
     legacy system that is expensive to operate, limited in range, 
     subject to failure, and lacking an existing backup.
     Senate Amendment
       No Provision.
     Conference Substitute
       Section 102(c). Same as House bill.


 7. Automated Surface Observation System & Automated Weather Observing 
                                 System

     House Bill
       Section 102(d): Authorizes such sums as may be necessary 
     from the F&E account for upgrades to these systems if the 
     upgrade is successfully demonstrated.
       Section 740: Directs FAA to contract with National Academy 
     of Sciences (NAS) to study the effectiveness of automated 
     weather forecasting systems at flight service stations where 
     there is no human weather observer.
     Senate Amendment
       Section 106: Prohibits FAA from terminating human weather 
     observers for ASOS stations until 60 days after DOT 
     determines that the system provides consistent reporting of 
     changing weather and notifies Congress in writing of that 
     determination.
       Section 446: Authorizes such sums as may be necessary out 
     of F&E account for upgrades to AWOS/ASOS systems, if the 
     upgrade is successfully demonstrated.
       No provision on NAS study.
     Conference Substitute
       Sections 102(d) and 728: Senate.


                    8. faa operations authorization

     House Bill
       Section 103: Authorizes such sums as may be necessary in 
     2000. $6.45 billion in fiscal year 2001. $6.886 billion in 
     fiscal year 2002. $7.357 billion in fiscal year 2003. $7.86 
     billion in fiscal year 2004.
     Senate Amendment
       Section 101: FY1999--$5.632 billion, FY2000--$5.784 
     billion, at least $9.1 million of which shall be used to 
     support air safety efforts through payment of U.S. membership

[[Page H687]]

     obligations. FY2001--$6.073 billion. FY2002--$6.377 billion.
     Conference Substitute
       Section 103: $6.6 billion in 2001 and the House Operations 
     authorization levels in subsequent years with Senate $9.1 
     million payment for ICAO from Senate bill.


                     9. Wildlife hazard mitigation

     House Bill
       Section 103(a)(2)(A): Authorizes $450,000 per year from the 
     Operations account for wildlife hazard mitigation measures 
     and management of FAA wildlife strike database.
     Senate Amendment
       Section 101: Same provision.
     Conference Substitute
       Section 103(a): House & Senate.


                       10. University Consortium

     House Bill
       Authorizes $2 million per year from the operations account 
     for a university consortium to provide an air safety and 
     security certificate management program except that the money 
     may not be used to construct a building and must be awarded 
     competitively.
     Senate Amendment
       Section 101: Authorizes $9.1 million for 3 fiscal years 
     (starting with FY2000) for the same purpose and with the same 
     restrictions.
     Conference Substitute
       Section 103(a): Senate provision, beginning in 2001.


               11. General Aviation & Tilt-rotor Aircraft

     House Bill
       Section 103(a)(3): Subparagraph (B) authorizes a general 
     aviation and vertical flight office in FAA. Subparagraph (C) 
     authorizes such sums to revise air traffic control procedures 
     to accommodate tilt-rotor aircraft.
     Senate Amendment
       No Provision.
     Conference Substitute
       Section 103(a): Revise subparagraph (B) of House bill, now 
     Subparagraph (C), to read: Such sums as may be necessary to 
     support infrastructure systems development for both general 
     aviation and the vertical flight industry. Section 103(a): 
     House Subparagraph (C).


                         12. runway incursions

     House Bill
       Section 103(a)(2)(E): Authorizes $3 million per year to 
     implement the 1998 airport surface operations safety plan.
       Section 121 makes runway incursion prevention devices 
     eligible for AIP grants and directs that these devices be 
     considered safety devices for the purposes of funding 
     priorities.
     Senate Amendment
       Section 205(m): Specifies that ``integrated in-pavement 
     lighting systems for runways and taxiways and other runway 
     and taxiway incursion prevention devices'' are considered 
     safety devices for purposes of airport development, making 
     them AIP eligible.
     Conference Substitute
       Section 103(a): House provision but authorizes $3.3 million 
     in 2000 & $3 million thereafter.
       Section 121: Runway incursion devices as in House and 
     Senate bills.


                  13. emergency medical service (EMS)

     House Bill
       Section 103(a)(2)(D): Authorizes such sums as may be 
     necessary for a helicopter infrastructure to accommodate EMS 
     flights to hospitals.
     Senate Amendment
       No Provision.
     Conference Substitute
       Section 103(a). Same as House bill.


                         14. air cargo security

     House Bill
       Section 103(a): Authorizes such sums as may be necessary to 
     hire additional inspectors to enhance air cargo security.
     Senate Amendment
       No provision.
     Conference Substitute
       House.


                         15. Security screeners

     House Bill
       Section 103(a)(2)(G): Authorizes such sums as may be 
     necessary to develop or improve training programs for 
     security screeners at airports.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 103(a): House bill but with revised language.


                   16. Office of airline information

     House bill
       Section 103(d): Authorizes $4 million per year from the 
     Trust fund beginning in fiscal year 2001 to fund the Office 
     of Airline Information in DOT's Bureau of Transportation 
     Statistics.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 103(b): House.


              17. Floor and cap on AIP discretionary fund

     House Bill
       Section 104(a): Eliminates cap on discretionary fund. Floor 
     would be the amount needed to ensure letters of intent are 
     funded.
     Senate Amendment
       Section 201: Eliminates $300 mil cap on discretionary fund.
     Conference Substitute
       No provision. The cap on the discretionary fund was 
     eliminated by section 5 of Public Law 106-6, 113 Stat. 10.


                        18. Entitlement formula

     House Bill
       Section 104(b): Beginning in fiscal year 2001, triples 
     primary airport entitlement, triples the $500,000 minimum 
     entitlement, and eliminates the $22 million entitlement cap.
     Senate Amendment
       Section 205(i): Increases the minimum entitlement from 
     $500,000 to $650,000 beginning in FY2000.
     Conference Substitute
       Section 104: In any fiscal year in which the amounts 
     actually available for AIP are at least $3.2 billion, the 
     minimum entitlement for primary airports is increased to $1 
     million, all other entitlements for primary airports are 
     doubled and the primary airport entitlement cap is raised to 
     $26 million. If the amount actually made available for AIP 
     were less than $3.2 billion, the Senate provision (increasing 
     the minimum entitlement to $650,000) would apply, for that 
     fiscal year.


 19. Entitlement for primary airports that had experienced a temporary 
              but significant interruption in air service

     House Bill
       Section 104(b)(2): FAA shall allow these primary airports 
     to get their previous year entitlement if the interruption in 
     air service there caused passenger traffic to fall below 
     10,000.
     Senate Amendment
       Section 205(k): Similar provision. Uses ``may'' rather than 
     ``shall.'' Interruptions due to ``an employment action, 
     natural disaster, or other event unrelated to the demand for 
     air transportation at the affected airport.''
     Conference Substitute
       Senate.


                    20. Entitlement for new airports

     House Bill
       Section 104(b)(2): Allows new primary airports to get at 
     least the minimum entitlement.
     Senate Amendment
       No provision.
     Conference Substitute
       House. Section 104(a).


                           21. Cargo airports

     House Bill
       Section 104(c): Increases the cargo airport entitlement 
     from 2.5% to 3% of AIP.
     Senate Amendment
       Section 205(j): Same entitlement increase. Removes the 8-
     percent limitation on the amount that any one airport can 
     receive from the cargo apportionment.
     Conference Substitute
       Section 104(b): Senate except the 8% limitation is removed 
     only in years when the amount available for AIP is at least 
     $3.2 billion.


                         22. state entitlement

     House Bill
       Section 104(d): Increased from 18.5% to 20% beginning in 
     fiscal year 2001 with corresponding changes in the portion 
     going to the territories and possessions. Provides an annual 
     entitlement for each general aviation that is equal to \1/5\ 
     of the 5-year cost estimate for airport improvements for that 
     airport as listed in the NPIAS, to a maximum of $200,000 per 
     year.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 104(c): No change in existing law except in those 
     years when the amount available for AIP is at least $3.2 
     billion. In those cases, the House entitlement provision is 
     adopted but the maximum entitlement for general aviation 
     airports is reduced to $150,000.


                    23. Alaska, Puerto Rico, Hawaii

     House Bill
       Section 104(e): Allows state entitlement money to be used 
     at any public airport in those states, not just general 
     aviation airports.
     Senate Amendment
       Section 205(a): Same provision.
     Conference Substitute
       Section 104(c). House and Senate.


                         24. Airfield pavement

     House Bill
       Section 104(g): Allows the use of State highway 
     construction standards for airfield pavement at non-primary 
     airports served by small aircraft (less than 60,000 pounds 
     gross weight) is that will not adversely affect safety or the 
     life of the pavement.
       Section 124: Makes pavement maintenance at general aviation 
     and small commercial service airports eligible for AIP 
     grants.
     Senate Amendment
       Section 205(l): Similar provision except limited to 
     airports with runways that are 5,000 feet or less. An airport 
     taking advantage of this provision cannot apply for AIP funds 
     for runway rehab or reconstruction for 10 years.
       Senate section 1306: Directs FAA to consider awards to non-
     profit research foundations to study airfield pavement.

[[Page H688]]

     Conference Substitute
       Section 104(c): Senate section 205 but allow an airport 
     taking advantage of this provision to apply and receive an 
     AIP grant if the FAA determines the rehabilitation or 
     reconstruction is necessary for safety.
       Section 123: Adopts House section 124.
       Section 905: Adopts Senate section 1306.


                              25. Planning

     House Bill
       Section 104(f): Allows state entitlement money to be used 
     for system planning.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 104(c): House.


                               26. Alaska

     House Bill
       Section 104(i): is similar to section 205(b) of the Senate 
     bill and section 104(j) is similar to section 205(c) of the 
     Senate bill. Both make technical changes suggested by FAA. 
     Also, triples the Alaska AIP supplemental entitlement.
     Senate Amendment
       Section 205(b): In addition to entitlements and state 
     apportionment, clarifies that Alaska is entitled to a 
     ``supplemental'' apportionment (vs. alternative), available 
     to all airports.
       Section 205(c): Removes requirement that FAA can't make a 
     grant to an Alaska airport that exceeds 110 percent of the 
     Alaska supplemental apportionment in a given year.
       Section 408(d): Permits 12 acres at Lake Minchumina, Alaska 
     to be conveyed to Iditarod Area School District.
     Conference Substitute
       Section 104(c) and (d): House & Senate.
       Section 104(d): Doubles the Alaska supplemental entitlement 
     if the amount available under section 48103 for AIP is at 
     least $3.2 billion.
       Section 754: Adopts Senate section 408(d).


                               27. Noise

     House Bill
       Section 104(h): Increases noise set-aside from 31% to 34% 
     of the discretionary fund. Makes noise mitigation projects 
     approved in an environmental record of decision eligible for 
     AIP grants.
       Section 157: Allows FAA to make AIP grants for noise 
     abatement even if the noise is caused primarily by military 
     aircraft.
     Senate Amendment
       Section 204: Increases noise set-aside from the 
     discretionary fund to 35%.
       Section 212: If any discretionary money is left over at the 
     end of the year, it could be used for noise abatement 
     activities.
       Section 461: Requires EPA study of aircraft noise, to 
     include recommendations for new noise mitigation efforts in 
     communities around airports. Sec. 1103 requires similar study 
     by GAO.
       Section 506(e)(2): Requires DOT report 3 years following 
     the use of the first of the new 30 slot exemptions at O'Hare 
     on impact of additional slot exemptions on safety, 
     environment, noise, access to underserved markets, and 
     competition at O'Hare.
       Section 506(f)(1): Requires DOT to assess impact of DCA 
     slot exemptions on safety, noise levels, and the environment, 
     to include an environmental assessment with a public meeting.
       Section 506(f)(3): For MWAA to get an AIP grant, it must 
     submit written assurance that at least 10 percent of its 
     grants will be used for eligible noise compatibility planning 
     and programs (as long as funds aren't diverted from high 
     priority safety projects). DOT may waive if MWAA in 
     compliance with Part 150 program. Sunsets in 5 years if MWAA 
     in compliance with Part 150 program.
       Section 506(f)(4): DOT required to certify biannually that 
     at DCA, noise standards, air traffic congestion, airport-
     related vehicular congestion, safety standards, and adequate 
     air service to small and medium hubs within perimeter have 
     been maintained at appropriate levels.
       Section 506(g): Priority for noise set-aside funds given to 
     projects at and around LaGuardia, JFK and DCA.
       Section 506(f): Requires DOT study on community noise 
     levels around 4 high density airports, comparing pre-1991 
     noise levels to noise levels when all Stage 3 requirements 
     are in effect.
       Section 1101: DOT required to collect and publish air 
     carrier information regarding carrier's operating practices 
     that encourage pilots to follow FAA guidelines on noise 
     abatement.
       Section 1102: Requires GAO report on FAA aircraft engine 
     noise assessment, including recommendations on new measures 
     for FAA to ensure consistent measurement of aircraft engine 
     noise.
       Section 1503: Requires DOT study and report to Congress on 
     aspects of transition to Stage 4 noise requirement.
     Conference Substitute
       Section 104(e): Increases noise set-aside to 34 percent.
       Section 154 of conference substitute adopts section 157 
     from House bill.
       Section 745: In lieu of sections 461 and 1103 of the Senate 
     bill, directs GAO to do a study that encompasses the items 
     requested by the House in a letter to GAO on 4/30/99 as well 
     as the items listed in section 461(b) and the second sentence 
     of 1103(a). Study due in one year.
       Section 231(e)-(g): Adopts several noise related provisions 
     from the Senate bill involving the four high-density 
     airports.


 28. General Aviation Metropolitan Access and Reliever (GAMAR) Airport 
                               Grant Fund

     House Bill
       No provision.
     Senate Amendment
       Section 460: DOT required to set up a new apportionment 
     category and set aside 5 percent of AIP grant funds for 
     general aviation metropolitan access and reliever airports, 
     which are defined as airports with annual operations 
     exceeding 75,000, 5,000-feet runways, precision instrument 
     landing procedure, a minimum of 150 based aircraft, and where 
     the air carrier airports experiences at least 20,000 hours of 
     annual delays. The apportionment is distributed to states on 
     a pro rata basis, according to the number of operations at 
     its GAMAR airports.
     Conference Substitute
       Section 104(f): Set aside two-thirds of 1 percent of the 
     discretionary fund for reliever airports if AIP is at least 
     $3.2 billion in a year. The reliever airports that qualify 
     are the same as those specified in the Senate bill except the 
     minimum number of based aircraft is to be determined by the 
     FAA rather than set at 150 as specified in the Senate bill.


                           29. Reprogramming

     House Bill
       No provision.
     Seante Amendment
       Section 104: DOT shall submit explanation of proposed 
     reprogramming to authorizing Committees when required to 
     submit them to Appropriations Committees.
     Conference Substitute
       Section 105(a): Senate.


                         30. Budget submission

     House Bill
       Section 106: FAA shall submit its annual budget estimates 
     to the authorizing Committees at the same time it submits 
     them to the Appropriations Committees.
     Senate Amendment
       Section 906: Requires DOT to submit the FAA-prepared budget 
     request to the President, who then transmits it unchanged to 
     the House and Senate authorizing and appropriating 
     committees, along with the President's own annual budget 
     request for the FAA.
     Conference Substitute
       No provision as this is already covered by section 48109. 
     However, the Managers expect the submission under that 
     section to include the line item justification called for in 
     the Senate bill.


                         31. AIP eligible items

     House Bill
       Sections 122 & 124: Makes emergency call boxes, universal 
     access systems, pavement maintenance at non-primary airports, 
     closed circuit weather surveillance equipment, and windshear 
     detection equipment eligible to be paid for with AIP funds. 
     Directs that the runway incursion prevention devices be 
     considered safety devices for the purposes of funding 
     priorities.
     Senate Amendment
       No provision.
     Conference Substitute
       Sections 121, 122 of Conference Substitute: House section 
     122 to the extent these items are certificated or approved by 
     the FAA, Makes FAA-approved stainless steel adjustable 
     lighting extensions AIP eligible.
       Section 139 adds a provision permitting the establishment 
     of a pilot program under which design-build contracts may be 
     used at airports.
       If certified by the Administrator, the Conferees urge the 
     Administrator to evaluate the effectiveness of the Light 
     Detection and Ranging Technology (LIDAR) which measures 
     windshear.
       The Conferees recognize that airports experience 
     considerable runway downtime during new construction and 
     runway maintenance projects; the Conferees urge the 
     Administrator to evaluate whether or not utilizing stainless 
     steel adjustable lighting-extensions is effective and if it 
     will minimize runway shutdowns.


                    32. enhanced vision technologies

     House Bill
       Section 123: Mandates a FAA study of laser, ultraviolet, 
     infrared, and cold cathode technologies within 180 days. 
     Makes them eligible for AIP funds. Requires FAA to transmit 
     to Congress a certification schedule for them within 180 
     days.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 124: House but with revised language.


                  33. conveyances of airport property

     House Bill
       Section 136: Gives airports priority for receiving surplus 
     government property. Requires public notice and comment 
     before FAA waives restrictions on the use of airport 
     property. Decision must be published in Federal Register and 
     interests of users must be taken into account. Also changes 
     references to ``gifts''.
     Senate Amendment
       Section 205(h)(1): Similar provision. Also changes 
     references to ``gifts''.
       Section 208: Requires 30 days notice before FAA waives an 
     assurance that property will be used for aeronautical 
     purposes.
       Section 408. Rewrites section 47125(a). Authorizes the FAA 
     to waive deed restrictions

[[Page H689]]

     on airport property if the property is not needed for airport 
     purposes, the property will be used solely to generate 
     revenue for the airport, the FAA gives 30 days notice to the 
     original owner of the property, provides public notice, 
     justifies the release, and determines that it will benefit 
     civil aviation.
     Conference Substitute
       Section 125: Adopts section 208 of the Senate bill insofar 
     as it requires notice to the public 30 days in advance and is 
     effective for any waiver issued on or after the date of 
     enactment. The provision is extended to cover FAA actions 
     under section 47125 or 47153 of Title 49. After the FAA gives 
     notice under this section, it should consider any comments it 
     receives.
       Section 135(d) & Section 136: House & Senate on priority 
     for receiving surplus property and on references to gifts. 
     This section does not apply to surplus property transfers 
     covered by the BRAC process based on advice from the FAA that 
     current law excludes them.
       Section 749 & 750: In lieu of section 408 of the Senate 
     bill, adopt two specific deed restriction removals, one for 
     Pinal and the other for Yavapai, both in Arizona.


                           34. matching share

     House Bill
       Section 126: Allows for a Federal share of less than 90% at 
     general aviation airports receiving grants under the state 
     block grant program.
       Allows for a Federal share of 100% at general aviation and 
     non-hub airports in the first year (FY 2001) that the higher 
     funding levels are in effect.
     Senate Amendment
       Section 203: Allows for a Federal share of less than 90% at 
     any general aviation airport.
     Conference Substitute
       Section 126: House with respect to its provision on the 90% 
     Federal share.


                      35. letters of intent (LOIs)

     House Bill
       Section 127. The requirement that the project must 
     significantly enhance system capacity is limited to LOIs for 
     medium or large hub airports.
       Makes clear that an airport need not impose a PFC in order 
     to get a letter of intent.
     Senate Amendment
       Section 434: Makes clear that an airport need not impose a 
     PFC in order to obtain an LOI.
     Conference Substitute
       Section 127: House.


                    36. small airport fund set-aside

     House Bill
       Section 128: Sets aside $15 million or 20%, whichever is 
     less, of the non-hub portion of the small airport fund to 
     help these airports meet the new small airport certification 
     standards. This set-aside lasts 5 years unless FAA determines 
     that all airports have met the certification standards.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 128(a): House.


                  37. Notification of source of grant

     House Bill
       Section 128(b): Requires airports receiving grants from the 
     small airport fund to be notified that that is the source of 
     the grant.
     Senate Bill
       No provision.
     Conference Substitute
       House. Section 128(b)


                      38. turbine powered aircraft

     House Bill
       Section 128(c): In making grants from the general aviation 
     airport portion of the small airport fund, the FAA shall give 
     priority to projects that support operations by jet aircraft 
     as long as the local share will be at least 40%.
     Senate Amendment
       Section 205(n): Same provision.
     Conference Substitute
       Section 128(c): House and Senate.


              39. discretionary use of unused entitlements

     House Bill
       Section 129: In situations where an airport cannot use its 
     entitlement funds during the current fiscal year, this 
     section specifies how long the funds are available and 
     changes the current law so that the FAA does not have to have 
     additional contract authority available at all times to cover 
     the carry-over entitlement amount.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 129: House. The purpose of this provision is to 
     allow the temporary conversion of unused AIP entitlement 
     money as discretionary money, whether or not, at the time of 
     the conversion, the AIP program has already been authorized 
     for the following fiscal year.
       Paragraph (1) states that if FAA learns that an airport 
     will not use its entitlement money in the current fiscal 
     year, FAA may make a discretionary AIP grant to any other 
     airport. In effect, this permits a temporary conversion of 
     entitlement money into discretionary money.
       Paragraph (2)(A) provides that if FAA makes a discretionary 
     grant under paragraph (1), and the current fiscal year is the 
     last year of availability of the converted entitlement (i.e., 
     the 3rd or 4th year of the term of availability under 
     Sec. 47117(b)), the original airport will lose that 
     entitlement money. That is, the conversion does not extend 
     the entitlement term. However, if the current fiscal year is 
     not the last year of that entitlement, the airport will get 
     that entitlement money back, when funds become available 
     under an authorization.
       Paragraph (2)(B) determines how long that entitlement will 
     remain in effect. If the restored entitlement money becomes 
     available (under an authorization) in the same fiscal year as 
     the fiscal year in which the conversion occurred, or in the 
     following fiscal year, there is no change to the entitlement 
     term. That is, it remains available to the original airport 
     for a total of three or four fiscal years, as provided in 49 
     USC 47117(b). But if the money does not become available 
     (under an authorization) until a still later fiscal year, 
     then the original entitlement term is extended by the number 
     of complete fiscal years during which there was no money, 
     that is, the number of complete fiscal years in the 
     authorization lapse.
       Paragraph 3(A) provides that when new money is provided 
     under a reauthorization and this new money is used to restore 
     an entitlement, the amount that can be used for new 
     discretionary grants is reduced by that amount. This is to 
     reflect the fact that prior discretionary grants have already 
     been made using that amount.
       Paragraph 3(B) allows an amount that has been restored to 
     an entitlement to be used again for a discretionary grant if 
     the airport associated with the entitlement is still not 
     ready to use the entitlement money.
       Paragraph (4) provides that these provisions do not create 
     grant authority above that made available under section 
     48103.


                         40. military airports

     House Bill
       Section 130: Increases number of military airports from 12 
     to 15 in 2000 and to 20 thereafter. Requires that at least 
     one be a general aviation airport in 2000 and at least three 
     thereafter. Allows subsequent designation periods to be less 
     than 5 years. Increases the amount that can be spent on 
     terminal buildings from $5 million to $7 million. Adds air 
     cargo terminals of less than 50,000 square feet to the 
     section on eligibility of hangars and increases the amount 
     they are eligible to receive from $4 million to $7 million.
       Section 104(h): makes technical change in military airport 
     program.
     Senate Amendment
       Section 438: Increases number of military airports eligible 
     for grants from 12 to 15. Allows subsequent designation 
     periods to be shorter than 5 years.
       Section 453: Increases number of military airports eligible 
     for grants from 12 to 15. Allows at least one to be a general 
     aviation airport.
     Conference Substitute
       Section 130: House but limited to 15 airports, only one of 
     which may be a general aviation airport. Makes clear that 
     joint use airports are eligible by inserting ``the airport is 
     used jointly by military and civil aircraft'' at the 
     beginning of paragraph (a)(2) of section 47118 of Title 49. 
     Also, makes the designation of the general aviation airport 
     permissive by changing ``shall'' to ``may'' in the subsection 
     on designation of general aviation airport.


                       41. contract tower program

     House Bill
       Section 131: Expands the current program by requiring the 
     establishment of a program to contract for air traffic 
     control services at Level I towers that would not otherwise 
     qualify for the contract tower program. Lists factors to be 
     used in choosing towers for participation including that the 
     benefit to cost ratio is at least .85 and that the tower is 
     at an airport where air service is subsidized under the 
     essential air service (EAS) program. Requires participating 
     airports to share in the cost. Authorizes $6 million per year 
     from the FAA's Operations account under section 106(k) of 
     Title 49 for this program.
     Senate Amendment
       Section 213: Establishes a pilot program to contract for 
     air traffic control services at Level 1 towers that would 
     otherwise not qualify for the contract tower program. Lists 
     different factors for participation including that the 
     benefit to cost ratio is at least 0.5. Allows up to $1.1 
     million for tower construction at not more than 2 airports. 
     Authorizes $6 million per fiscal year.
     Conference Substitute
       Section 131: Adopts 0.5 standard from Senate bill. Adopts 
     essential air service provision from House bill.
       Takes the money from section 106(k) as in the House bill.
       Authorizes grants of not more than $1.1 million each to two 
     airports for tower construction. These grants would have to 
     come from the airports passenger entitlement. The Federal 
     share would be limited to 75% of the cost of construction.


                        42. innovative financing

     House Bill
       Section 132. Permits Secretary to approve 25 innovative 
     financing projects at small hubs or non-hubs limited to the 
     following types of projects:
       (1) payment of interest.
       (2) commercial bond insurance.

[[Page H690]]

       (3) flexible non-federal share.
       These cannot give rise to a direct or indirect guarantee of 
     any airport debt.
     Senate Amendment
       Section 202: Similar provision.
       Limited to 20 projects but not limited to only small hubs 
     and non-hubs. Includes, but is not limited to the three types 
     of projects in the House bill.
     Conference Substitute
       Section 132: House bill limited to 20 projects. A fourth 
     type of project is added. It would allow entitlement funds to 
     be used to pay off debt incurred before the date of enactment 
     on a terminal development project.


       43. inherently low-emission airport vehicle pilot program

     House Bill
       Section 134: Directs the Secretary to carry out a pilot 
     program at not more than 10 airports using AIP funds to pay 
     for the construction of facilities needed by low-emission 
     vehicles, the additional cost of purchasing a low emission 
     vehicle, and the acquisition of equipment needed for the use 
     of such vehicles. Specifies the type of airports that would 
     qualify and the criteria to be used in selecting them. Allows 
     a participating airport to use 10% of its funds for technical 
     assistance. The Federal share is 50%. No airport may receive 
     more than $2 million. A report to Congress is required within 
     18 months.
     Senate Amendment
       Section 444: Similar provision but if not enough 
     applications in the non-attainment area, projects can be done 
     outside that area. Requires not less than 10% of funds to be 
     used for technical assistance. $500,000 for best practices by 
     a western regional consortium.
     Conference Substitute
       Section 133: Senate provisions except include the House 
     provision on 10% for technical assistance and delete the 
     $500,000 for the western regional consortium. Add language 
     authorizing the FAA to develop materials for dissemination of 
     best practices obtained from pilot project and other sources 
     for carrying out low-emission vehicle activities.
       This provision authorizes a pilot program under which FAA 
     is to issue grants to 10 airports for the acquisition of low 
     emission vehicles and support infrastructure. Unlike other 
     AIP grants, the Federal share is 50%. Grant selection should 
     be targeted to airports submitting plans that would achieve 
     the greatest emissions reductions per dollar of funds 
     provided. Qualifying airports should be located in areas not 
     attaining federal air quality standards. Grants of up to $2 
     million per airport could be made.
       Grants are designed to assist airports in procuring clean 
     vehicles which meet ultra low emission vehicle and Inherently 
     Low Emission Vehicle standards and with building the fueling 
     infrastructure for these vehicles. It is expected that the 
     vehicles will be primarily natural gas or electric. The 
     infrastructure and related equipment eligible for funding is 
     intended to be primarily alternative fuel stations and 
     vehicle charging stations.


                      44. Airport Security Program

     House Bill
       Section 133: Requires Secretary to carry out at least one 
     project to test and evaluate innovative aviation security 
     systems. Specifies who qualifies, which projects get 
     priority, and the Federal share. Authorizes $5 million per 
     year.
     Senate Amendment
       Section 105: Similar provision.
     Conference Substitute
       Section 134. Senate provision.


                            45. PFC waivers

     House Bill
       Section 135(b): Allows an airport to request that the PFC 
     be waived (A) for passengers enplaned by a class of airlines 
     if the number of enplanements by the airlines in the class 
     constitute less than 1% of the total number of passengers at 
     the airport and (B) for passengers flying to an airport that 
     has less than 2,500 passengers per year and is in a community 
     that has less than 10,000 people and is not connected to the 
     National Highway System.
     Senate Amendment
       Section 205(g): Similar provision except that (B) makes 
     waiver permissible for passengers flying to an airport that 
     has fewer than 2,500 passengers per year OR is in a community 
     that has fewer than 10,000 people and is not connected to the 
     National Highway System or vehicular way.
       Section 205(f): Prohibits PFC on flights or flight segments 
     between 2 or more points in Hawaii.
     Conference Substitute
       Section 135: Senate with modifications including adding a 
     provision as follows: A State, political subdivision of a 
     State, or authority of a State or political subdivision that 
     is not the eligible agency may not tax, regulate, or prohibit 
     or otherwise attempt to control in any manner, the imposition 
     or collection of a passenger facility fee or the use of the 
     revenue from the passenger facility fee.


          46. terminal development at former primary airports

     House Bill
       Section 135(a): Allows an airport to continue to get grants 
     for terminal development under a multiyear agreement even if 
     it falls below 10,000 annual enplanements.
     Senate Amendment
       Section 205(d): Allows a primary airport to get grants from 
     discretionary fund according to a multiyear agreement, even 
     if the airport becomes a nonprimary airport.
     Conference Substitute
       Section 135(c). Senate. Adds a provision providing the same 
     treatment for commercial service airports that become non-
     commercial service airports.


                       47. Intermodal connections

     House Bill
       Section 137: Encourages the development of intermodal 
     connections and makes airport construction or the purchase of 
     capital equipment for intermodal connections eligible for AIP 
     grants.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 137: House with revised language.


                     48. State Block grant program

     House Bill
       Section 138: Increases the number of state block grant 
     states from 9 to 10.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 138: House but not effective until October 1, 2001.


                    49. Eligibility for PFC Funding

     House Bill
       Section 151: Treats the shell of the building and fueling 
     facilities as ``related'' to gates so that the shell and 
     fueling facilities are eligible to be built using PFCs.
     Senate Amendment
       Section 210: Allows an airport to use passenger facility 
     charges (PFC's) to fund the shell of a terminal building and 
     adjacent fueling if that would enable additional air service 
     to be provided by a carrier that has less than 50% of the 
     passengers at the airport.
     Conference Substitute
       Section 151: Similar to House and Senate provisions but 
     with revised language.


                     50. Terminal development costs

     House Bill
       Section 152: (1) Allows non-hub and small hub airports that 
     carried out terminal development after August 1, 1986 to use 
     PFC money to repay the costs if passenger levels declined 16% 
     between 1989 and 1997.
       (2) Allows non-hub and small hub airports that carried out 
     terminal development between the specified dates to use 
     entitlement funds to help pay off the debt incurred for such 
     development.
       (3) Directs the Secretary to make the determination of 
     whether an airport is a commercial service airport (for the 
     purpose of eligibility for discretionary grants for terminal 
     development) on the basis of the type of air service and 
     number of passenger in the current year or preceding year, 
     whichever is most beneficial to the airport.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 152: Adopts the House on (1) and (3) only. 
     Provision number (2) is addressed in section 132, the 
     innovative financing provision, which is described in item 42 
     above.


                           51. ILS inventory

     House Bill
       Section 153(a): Requires $30 million to be used for 
     instrument landing systems (ILS's) from 2000 to 2002.
     Senate Amendment
       Section 102(b): Requires that at least $30 million be spent 
     annually out of F&E account to purchase and install ILS's on 
     an expedited basis, fiscal years 1999 through 2002.
     Conference Substitute
       Section 153 adopts House provision.


         52. Loran--C and Wide Area Augmentation System (WAAS)

     House Bill
       Section 153(b): Requires Loran--C to be maintained and 
     upgraded.
     Senate Amendment
       Section 410: FAA shall develop WAAS to provide navigation 
     and landing approach capabilities for civilian use. Until FAA 
     certifies that WAAS is a sole means navigation system, backup 
     system must be maintained.
     Conference Substitute
       No Provision.


                         53. Competition plans

     House Bill
       Section 125: Beginning in fiscal year 2001, requires medium 
     and large hub airports that are dominated by 1 or 2 airlines 
     to file competition plans before they can get AIP grants or 
     approval for new PFCs.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 155: House with revisions. Beginning in 2001, 
     certain airports cannot get approval for a new passenger 
     facility charge (PFC) or receive an AIP grant unless the 
     airport has submitted a competition plan to the Secretary. 
     Lists the contents of that plan. the airports affected by 
     this requirement are

[[Page H691]]

     medium and large hub airports at which one or two carriers 
     have more than half of the passenger enplanements. The 
     underlying purpose of the competition plan is for the airport 
     to demonstrate how it will provide for new entrant access and 
     expansion by incumbent carriers. By forcing the airport to 
     consider this, it would be more likely to direct its AIP or 
     PFC money to that end. It is not the Managers intent that the 
     competition plan be challenged in court in order to slow down 
     or stop an airport improvement project. Nor should 
     competition projects take precedence over safety or security 
     ones. However, within the class of non-safety projects, those 
     that would enhance competition should usually be given 
     priority.


                54. Rural aviation improvement in Alaska

     House Bill
       No provision.
     Senate Amendment
       Section 412: (1) When changing its rules affecting 
     intrastate aviation in Alaska, FAA shall consider the extent 
     to which Alaska relies on aviation and shall establish the 
     appropriate regulatory distinctions.
       (2) Authorizes $2 million and directs the FAA to install 
     closed circuit weather surveillance equipment at no less than 
     15 rural Alaskan airports and provides for the dissemination 
     of this information to pilots.
       (3) Requires the development and implementation of a 
     ``mike-in-hand'' weather observation program in Alaska under 
     which near real time weather information will be provided to 
     pilots.
       (4) Authorizes $4 million for runway lighting and weather 
     reporting systems at remote airports in Alaska to implement 
     the CAPSTONE project.
     Conference Substitute
       Section 156: Includes rulemaking directive & ``mike-in-
     hand'' provisions ((1) and (3)) from the Senate bill.


                     55. Pavement conditions report

     House Bill
       Section 735: Requires a report within 18 months on the 
     impact of alkali Silica reactivity distress on airport 
     runways and taxiways and on ways to mitigate and prevent that 
     distress.
       Section 156: Directs FAA to study the use of recycled 
     materials in airport pavement. One year and $1.5 million is 
     provided for the study.
     Senate Amendment
       Section 211: FAA shall evaluate options for improving the 
     information available on pavement conditions and report to 
     Congress in 12 months.
       Section 443: Authorizes FAA study on extent of alkali 
     silica reactivity-induced pavement distress in concrete 
     runways, taxiways and aprons.
       Section 1308: Requires DOT study on the applicability of 
     techniques used to fund and administer research under the 
     National Highway Cooperative Research Program and the 
     National Transit Research Program, to the research needs of 
     airports.
     Conference Substitute
       Section 157 of the Conference substitute adopts House 
     section 156.
       Section 160 adopts Senate section 211.
       Section 743: House and Senate provisions on Alkali Silica.
       Section 906 adopts Senate section 1308 but requires DOT to 
     consult with the National Academy of Sciences and appropriate 
     industry organizations.


                      56. Construction of runways

     House Bill
       Section 155: Allows AIP grants for construction of runways 
     notwithstanding any other provision of law.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 158 adopts House provision.


                   57. Timely announcement of grants

     House Bill
       Section 158: Requires DOT to announce AIP grants in a 
     timely fashion after receiving the necessary documents from 
     FAA.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 159(a) adopts House provision.
       Section 159(b) adds a provision stating that if any 
     Committee of Congress is given advance notice of an AIP 
     grant, House Transportation & Infrastructure Committee and 
     Senate Commerce Committee must get the same notice at the 
     same time.


                       58. Capacity enhancements

     House Bill
       No provision.
     Senate Amendment
       Section 206: DOT must report in 9 months on efforts to 
     implement, and time frame for implementation, of capacity 
     enhancements, both technical and procedural, such as 
     precision runway monitoring systems.
     Conference Substitute
       Section 161 adopts Senate provision.


                        59. Discretionary grants

     House Bill
       No provision.
     Senate Amendment
       Section 207: FAA should give lower priority to requests for 
     discretionary grants from airports that have used entitlement 
     grants for projects that have a lower priority than the 
     projects for which discretionary funds are sought.
     Conference Substitute
       Section 162: Senate.


              60. Passenger facility charge (PFC) increase

     House Bill
       Section 105: Allows FAA to approve a PFC up to $6 if the 
     higher PFC will pay for a project that will make a 
     significant contribution to safety, security, increased 
     competition, reduced congestion, or reduced noise and that 
     project cannot be expected to be paid for from AIP. Airports 
     can utilize the higher PFC for surface or terminal projects 
     only if the airside needs of the airport are being paid for. 
     Medium or large hub airports charging the higher PFC must 
     give back 75% of their entitlement.
       Entitlement reductions occur in the first fiscal year 
     following the year in which the collection of the PFC began.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 105: House but allow FAA to approve a PFC only up 
     to $4.50.
       The section also holds harmless an airport that moves from 
     a small hub to medium hub status. It states that such an 
     airport should not receive less in AIP entitlement and PFC 
     revenue as a medium hub that it received in such revenue as a 
     small hub. This could occur because, as a medium hub, it 
     would have to turn back half its entitlement. This provision 
     would reduce the amount of its turn-back to ensure that it 
     does not end up with less money.
       Under the law governing passenger facility charges, FAA is 
     directed to prescribe regulations which establish the portion 
     of a FPC which the airlines may retain to reimburse them for 
     their necessary and reasonable expenses in collecting and 
     handling the fees. The law specifically requires that the 
     airline fee be net of any interest accruing to the airline 
     after the collection and before remittance of the fee to the 
     airport. A number of air carriers have communicated to the 
     conferees their views that the cost of collection allowed by 
     current FAA regulations, $.08, is to low. While the Conferees 
     did not evaluate the correctness of these claims, we believe 
     that the airlines should be given the opportunity to 
     demonstrate their correctness in a rulemaking proceeding. As 
     soon as the airline submit the evidence necessary for 
     evaluation of their claim the FAA shall make its final 
     decision within 189 days.


               61. Policy for air service to rural areas

     House Bill
       Section 204: Adds to the list of policies--ensuring that 
     consumers in all regions including small communities and 
     rural and remote areas have access to affordable scheduled 
     air service.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 201. Adopts section 204 of House bill.


                    62. Waiver of local contribution

     House Bill
       Section 203: Permits 2 small communities to receive 
     subsidized essential air service without having to pay a 
     local share.
     Senate Amendment
       Section 503(c): Similar provision (applies to Dickinson, 
     ND, and Fergus Falls, MN).
     Conference Substitute
       Section 202: House & Senate.


                  63. Air Service Development program

     House Bill
       Section 202: Provides $25 million in contract authority 
     from the Trust Fund for grants to underserved airports 
     (defined as nonhubs or small hubs with insufficient air 
     service or unreasonably high air fares (more than 19 cents 
     per mile)) to help them market and promote their air service. 
     In making grants priority should be given airports that put 
     up a local share from non-aviation revenue sources.
     Senate Amendment
       Sections 501-504: DOT shall establish a 4-year program 
     administered by a program director who shall work with 
     communities and carriers, ensure that data is collected, 
     provide an annual report to Congress, select up to 40 
     communities to participate in an 480 million program to 
     improve air service at small communities. This program is 
     limited to communities where a public-private partnership 
     exists and that are willing to put up at least 25% of the 
     cost. The program director may make grants of not more than 
     $500,000 per year to small communities (no more than 4 in one 
     state) to assist communities improve their air service. The 
     program director also may help ensure that gates are 
     available and facilitate joint fare arrangements. $80 million 
     is authorized for this program.
     Conference Substitute
       Section 203: Subsection (a) requires DOT to establish a 
     pilot program to help improve air service to airports not 
     receiving sufficient air service. Subsection (b) sets forth 
     the application requirements for a community or group of 
     communities that want to participate in the program. The 
     application should include information justifying the 
     community's need to participate in the program. Subsection 
     (c) describes the criteria for participation. In order to 
     participate, a community must be a non-hub or small hub with 
     insufficient air service or unreasonably high

[[Page H692]]

     airfares. The total number of communities or groups of 
     communities that can participate is limited to no more than 4 
     in any one state and no more than 40 overall. Priority should 
     be given to communities that have high air fares, will 
     provide a local share of the cost, will establish a public-
     private partner ship to facilitate airline service, and where 
     assistance will provide material benefits to a broad segment 
     of the traveling public. The local share should not come from 
     airport revenues. DOT and the communities are given 
     flexibility as to the types of programs that will best serve 
     to improve service at the local airport. Marketing and 
     promotion of air service is encouraged. Any direct subsidy to 
     an air carrier is limited to 3 years. DOT should designate an 
     official responsible for this program. DOT should take action 
     to ensure that interested communities and Members of Congress 
     are aware of the name and title of the official so 
     designated.


                 64. EAS Preservation at Dominated Hubs

     House Bill
       No provision.
     Senate Amendment
       Section 465: If reliable and competitive EAS service is 
     jeopardized at a large hub where one carrier has more than 50 
     percent of the annual enplanements, DOT is authorized to 
     require the dominant air carrier to take action to enable the 
     EAS provider to offer reliable and competitive service. 
     Action includes interline agreements, ground services, 
     subleasing of gates.
     Conference Substitute
       Section 204: Similar to the Senate provision but limited to 
     service to large hubs where one carrier has more than 60 
     percent of the total annual enplanements.


                       65. Mandatory interlining

     House Bill
       No provision.
     Senate Amendment
       Section 310: Requires a major airline that interlines with 
     any carrier at a large hub in the 48 States where it (Or 
     another airline) carries 50% of the passengers, to interline 
     within 30 days of a request with carriers offering service to 
     a community in the section 41743 program (air service program 
     for small communities) and that meet certain requirements. 
     DOT must review any agreement and the agreement may be 
     terminated if the other party fails to meet its terms.
     Conference Substitute
       No provision.


             66. Determination of distance from hub airport

     House Bill
       Section 205: In making a determination as to whether a 
     community is eligible for essential air service under the 
     distance criteria, DOT shall measure the distance using the 
     most commonly used highway route between the community and 
     the hub airport.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 205 adopts House provision with modified language.


                        67. Sense of Senate, EAS

     House Bill
       No provision.
     Senate Amendment
       Section 462: Sense of the Senate that retaining EAS service 
     in small communities is difficult, FAA should consider 
     relieving Dickinson (ND) of its EAS match requirement. 
     Requires DOT report on retaining EAS, to focus on North 
     Dakota.
     Conference Substitute
       Section 206: Senate.


                    68. Study of marketing practices

     House Bill
       No provision.
     Senate Amendment
       Section 505: With 180 days, DOT shall review the marketing 
     practices of air carriers that may inhibit the availability 
     of air service to small and medium communities. If DOT finds 
     marketing practices that inhibit service, DOT may issue rules 
     to address the problem.
     Conference Substitute
       Section 207: Senate.


                    69. Airline marketing disclosure

     House Bill.
       No provision.
     Senate Amendment
       Section 430: Requires DOT to issue a rule in 90 days to 
     provide better notice of the actual name of the airline 
     providing the transportation. The Secretary may take into 
     account the proposed rules previously issued.
     Conference Substitute
       No provision. This issue has already been addressed by a 
     DOT rulemaking at 64 FR 12838, March 15, 1999.


                             70. e-tickets

     House Bill
       No provision.
     Senate Amendment
       Section 507: Airlines must notify passengers of the 
     expiration of their electronic tickets.
     Conference Substitute
       Section 221: Senate. it is the intention of the Manager 
     that oral notice at time of purchase is sufficient 
     notification.


                      71. Airline Customer Service

     House Bill
       No provision.
     Senate Amendment
       Title XIV: Airline customer service plans to be submitted 
     to DOT. DOT to transmit a copy of each plan to authorizing 
     committees. DOT IG to monitor the implementation of each 
     plan, and evaluate and report on how each airline is living 
     up to its commitment. IG status report due 6/15/00. Final 
     report due 12/31/00. Directs DOT to initiate rulemaking 
     within 30 days of enactment to increase domestic baggage 
     liability limit. Penalty for violations of aviation consumer 
     laws and regulations increased from $1,100 to $2,500 per 
     violation. GAO directed to study ``hidden city'' and ``back-
     to-back'' ticketing to determine the effect of allowing these 
     practices on consumers and small communities. Authorizes 
     annual appropriations from the trust fund of between $2.3 and 
     $2.6 mil (FY00-FY03) for the DOT to enforce airline consumer 
     protections.
     Conference Substitute
       Section 222-226: Senate, but don't specify that the money 
     for the DOT consumer office is to come out of the Trust Fund. 
     Also add a reference to section 41705 (preventing 
     discrimination against the handicapped) as one of the 
     responsibilities of the DOT consumer office. The final report 
     due at the end of the year should also include a comparison 
     of the customer service of airlines that submitted plans to 
     DOT with those that did not submit such plans. DOT's recent 
     action raising the baggage liability limit could satisfy the 
     directive in section 225.


                  72. Airline Quality Service Reports

     House Bill
       No provision.
     Senate Amendment
       Section 463: DOT required to modify Airline Service Quality 
     Performance Reports (14 CFR Part 234) to disclose more 
     accurately the reasons for air travel delays and 
     cancellations. The categories and reporting requirements to 
     be determined by FAA, in consultation with airline 
     passengers, air carriers, and airport operators.
     Conference Substitute
       Section 227: Senate but revised to direct the Secretary to 
     modify the airline service quality performance reports 
     required under 14 CFR 234 to more fully disclose to the 
     public the nature and source of delays and cancellations 
     experienced by air travelers. The Secretary is directed to 
     establish a task force within 90 days of the date of 
     enactment of this Acting including FAA officials and 
     representatives of airline consumers and air carriers to 
     develop alternatives and criteria for such change. Such 
     modifications shall include a means for DOT a report, and a 
     requirement that air carriers submit information, on delays 
     and cancellations in categories that reflect the reasons for 
     such delays and cancellations.


73. Commission to Ensure Consumer Information and Choice in the Airline 
                                Industry

     House Bill
       No provision.
     Senate Amendment
       Title XII: Commission to study consumer access to 
     information about the products and services of the airline 
     industry, the effect on the marketplace of the emergence of 
     new means of distributing such products and services, the 
     effect on consumers of the declining financial condition of 
     travel agents, and the impediments imposed by the airline 
     industry on distributors. The study shall include policy 
     recommendations to help consumers. Prescribes membership on 
     commission. Initial report 6 months after appointments, 
     commission disbanded 30 days after final report.
       Title XVI: Duplicate provision.
     Conference Substitute
       Section 228: Establishes a commission to study the 
     financial condition of travel agents, especially small travel 
     agents. The Commission should study whether the financial 
     condition of travel agents is declining, what effect this 
     will have on consumers, if any, and what, if anything, should 
     be done about it.


                          74. loan guarantees

     House Bill
       Section 211: Authorizes funding for loan guarantees and 
     other credit instruments for the purchase of regional jets to 
     serve underserved communities.
     Senate Amendment
       Section 508: Study of such a loan guarantee program within 
     2 years.
     Conference Substitute
       Section 210: House.


                      75. deregulation commission

     House Bill
       No provision.
     Senate Amendment
       Section 454: Establishes a commission to study the impact 
     of airline deregulation on small communities. 15 members, 5 
     appointed by President (one from rural area), 3 by Senate 
     Majority Leader, 2 by Senate Minority Leader, 3 by House 
     Speaker, and 2 by House Minority Leader. 2 of House 
     appointees from rural area, 2 of Senate appointees from rural 
     area. Appointment 60 days after enactment, 1st meeting within 
     30 days later. $950,000 authorized for FY 2000. Commission 
     disbanded

[[Page H693]]

     90 days after report, which is due 18 months after enactment.
     Conference Substitute
       No provision.


                         76. slots in new york

     House Bill
       Section 210(a):
       (a) Effective March 1, 2000, slot restrictions are 
     eliminated for new or additional regional jet service. 
     Regional jets are defined as those with 70 or fewer seats.
       (b) Effective January 1, 2007, slot restrictions are 
     eliminated entirely.
     Senate Amendment
       Section 506: Eliminates the high density rule (HDR) at 
     LaGuardia and JFK, effective 2007.
       Establishes a 45-day turnaround for all slot exemption 
     applications. If DOT does not act on application within 45 
     days, it is deemed to be approved. If DOT asks for additional 
     information within 10 days of receipt of application, 45 days 
     is tolled until DOT receives information. Clarifies that 
     exemptions can't be bought or sold. DOT directed to treat 
     commuter carriers equally for purposes of slot exemption 
     applications. Eliminates the ``exceptional circumstances'' 
     criterion for new entrant/limited incumbent slot exemption 
     requests. Limited incumbents redefined as those carriers that 
     hold or operate 20 or fewer slots at a high-density airport. 
     Regional jets defined as aircraft having between 30 and 50 
     seats. Clarifies that nothing affects FAA authority for 
     safety and movement of air traffic.
       Carriers required to continue serving small hub and nonhub 
     (and smaller) airports where the carrier provides this 
     service on or before date of enactment using slot exemptions 
     or slots issued for specific-city service, until 2 years 
     after the HDR lifted at LaGuardia and JFK. Doesn't apply if 
     carrier can demonstrate loss on the route to DOT.
       Regional jets would be eligible for slot exemptions for 
     service to airports with fewer than two million annual 
     enplanements. In addition, (1) there could be no more than 1 
     carrier already providing nonstop service to that airport 
     from LaGuardia/JFK; and (2) exemption would only be available 
     for new service in the market (carrier adding a frequency, or 
     upgrading from turboprop to regional jet).
       Section 509: DOT to require FAA to provide commercially 
     reasonable times for new entrant/limited incumbent and 
     regional jet slot exemptions granted at LaGuardia and JFK.
       Section 101(b): The new slot exemption authority doesn't 
     affect DOT's authority under any other provision of law.
     Conference Substitute
       Section 231: General provisions. DOT must act on slot 
     exemption requests within 60 days. If additional information 
     is requested by DOT, the 60 days is tolled until the 
     information is received. If DOT fails to act within 60 days, 
     the exemption is granted. Exemptions may not be bought, sold, 
     leased, or otherwise transferred. For the purpose of 
     determining whether an airline qualifies as a new entrant or 
     limited incumbents for receiving slot exemptions, DOT shall 
     count the slots and slot exemptions of both that airline and 
     any other airline that it has a code-share agreement at that 
     airport. The limitation in current law allowing the grant of 
     slot exemptions to new entrants only in exceptional 
     circumstances is deleted. The maximum number of slots or slot 
     exemptions that an airline can have and still qualify as a 
     limited incumbent is raised from 12 to 20. Nothing in the 
     slot exemption sections of this bill should be construed as 
     affecting the FAA's authority to act to further its safety 
     mission or air traffic control responsibilities. To the 
     extent that DOT has discretion over the award of slot 
     exemptions, it may consider whether the airline seeking the 
     exemption will be using U.S. manufactured aircraft. This 
     would not apply where the airline is proposing to use a type 
     of aircraft for which there is not a competing U.S. 
     manufacturer.
       New York specific provisions. Slot restrictions at New York 
     are eliminated after January 1, 2007. In the interim, DOT is 
     directed to provide exemptions from the slot rules to any 
     airline flying to the two New York airports if it will use 
     aircraft with 70 seats or less and will (1) provide service 
     to a small hub or non-hub that it did not previously serve, 
     (2) provide additional flights to a small hub or non-hub that 
     it currently serves, or (3) provide service with a regional 
     jet to a small hub or non-hub as a replacement for a prop 
     plane. Providing exemptions for a regional jet replacement 
     will free up a slot for service to another community. DOT is 
     also directed to grant exemptions to new entrants and limited 
     incumbents for service to New York. Exemptions can be granted 
     only for operations with Stage 3 aircraft. Airlines that have 
     been flying to New York from a small hub or non-hub under a 
     previous exemption cannot terminate that service before July 
     1, 2003 unless DOT finds that the airline is suffering 
     excessive losses on that route.


                          77. slots at chicago

     House Bill
       Section 201:
       (a) Effective immediately, 20 slot exemptions per day shall 
     be granted for service to airports not receiving sufficient 
     air service or with unreasonably high airfares (which is 
     defined as an airport where the average yield is more than 19 
     cents per mile.)
       (b) Effective immediately, 30 slot exemptions shall be 
     granted for new entrants (those with less than 20 slots).
       (c) If within 180 days, there are insufficient applications 
     for the 50 slot exemptions above, the exemptions may be 
     granted to any airline for service to any community although 
     those exemptions could be withdrawn if additional 
     applications are received. Procedures are established for 
     applications and for the treatment of commuter airlines that 
     have agreements with other carriers.
       (d) Effective immediately, slots cannot be taken away from 
     a U.S. airline and given to any other airline to provide 
     international service.
       (e) Effective on March 1, 2000, slot restrictions are 
     eliminated for international air service and U.S. airlines 
     can convert their international slots to domestic service.
       (f) Effective March 1, 2000, slot restrictions are 
     eliminated for new or additional regional jet service. 
     Regional jets are defined as those with 80 or fewer seats.
       (g) Effective March 1, 2001, slot restrictions are 
     eliminated except between 2:15 p.m. and 8:15 p.m.
       (h) Slot restrictions are eliminated entirely on March 1, 
     2002.
     Senate Amendment
       Section 506: Establishes a 45-day turnaround for all slot 
     exemption applications. If DOT does not act on application 
     within 45 days, it is deemed to be approved. If DOT asks for 
     additional information within 10 days of receipt of 
     application, 45 days is tolled until DOT receives 
     information. Clarifies that exemptions can't be bought or 
     sold. DOT directed to treat commuter carriers equally for 
     purposes of slot exemption applications. Eliminates the 
     ``exceptional circumstances'' criterion for new entrant/
     limited incumbent slot exemption requests. Limited incumbents 
     redefined as those carriers that hold or operate 20 or fewer 
     slots at a high-density airport. Regional jets defined as 
     aircraft having between 30 and 50 seats. Clarifies that 
     nothing affects FAA authority for safety and movement of air 
     traffic.
       Carriers required to continue serving small hub and nonhub 
     (and smaller) airports where the carrier provides this 
     service on or before date of enactment using slot exemptions 
     or slots issued for specific-city service, until four years 
     after the HDR lifted at O'Hare. Doesn't apply if carrier can 
     demonstrate loss on the route to DOT.
       DOT required to grant 30 slot exemptions over a 3-year 
     period. Stage 3 aircraft must be used. 18 exemptions must be 
     used for underserved airports (non-hub or small hub), of 
     which at least 6 shall be used for commuter purposes. 12 
     exemptions shall be used by air carriers. Before granting the 
     exemptions, DOT must do an environmental review, determine 
     whether capacity is available and can be used safely, give 30 
     days notice and consult with local officials.
       132 slot cap on EAS slots at O'Hare doesn't apply to new 
     slot exemptions made available at O'Hare.
       Secton 101(b): The new slot exemption authority doesn't 
     affect DOT's authority under any other provision of law.
     Conference Substitute
       Section 231: The general provisions described above for New 
     York also apply at Chicago. In addition, slot restrictions at 
     Chicago are eliminated after July 1, 2002. On July 1, 2001, 
     slot restrictions will apply only between 2:45 p.m. and 8:14 
     p.m. DOT is directed to provide exemptions from the slot 
     rules to any airline flying to Chicago O'Hare airport if it 
     will use aircraft with 70 seats or less and will (1) provide 
     service to a small hub or non-hub that it did not previously 
     serve, (2) provide additional flights to a small hub or non-
     hub that it currently serves, or (3) provide service with a 
     regional jet to a small hub or non-hub as a replacement for a 
     prop plane. Providing exemptions for a regional jet 
     replacement will free up one slot for service to another 
     community for every 2 exemptions granted and used. This slot 
     that is freed up by the regional jet replacement must be 
     taken away if the airline drops the regional jet service or 
     replaces it with a prop plane. DOT is also directed to grant 
     30 exemptions to new entrants and limited incumbents for 
     service to Chicago. These new entrant exemptions must be 
     granted within 45 days. Slots will no longer be needed in 
     order to provide international service at O'Hare. However, 
     the Secretary may limit access in those cases where the 
     foreign country involved does not provide the same kind of 
     open access for U.S. airlines. DOT is prohibited from 
     withdrawing slots from U.S. airlines in order to give them to 
     foreign airlines. Any slot previously withdrawn from U.S. 
     airlines and given to a foreign airline must be returned to 
     the U.S. airline. Slots held by U.S. airlines to provide 
     international service can be converted to domestic use. 
     Airlines that have been flying to Chicago from a small hub or 
     non-hub under a previous exemption cannot terminate that 
     service before July 1, 2003 unless DOT finds that the airline 
     is suffering excessive losses on that route. Exemptions can 
     be granted only for operations with Stage 3 aircraft.


               78. slots and perimeter at reagan national

     House Bill
       Section 201(b):
       (a) Effective immediately, 6 slot exemptions shall be 
     granted per day for service to airports not receiving 
     sufficient air service or with unreasonably high airfares 
     (which is defined as an airport where the average yield is 
     more than 19 cents per mile.)

[[Page H694]]

       (b) If within 180 days, there are insufficient applications 
     for the 50 slot exemptions above, the exemptions may be 
     granted to any airline for service to any community although 
     those exemptions could be withdrawn if additional 
     applications are received. Procedures are established for 
     applications and for the treatment of commuter airlines that 
     have agreements with other carriers.
     Senate Amendment
       Section 506: Establishes a 45-day turnaround for all slot 
     exemption applications. If DOT does not act on application 
     within 45 days, it is deemed to be approved. If DOT asks for 
     additional information within 10 days of receipt of 
     application, 45 days is tolled until DOT receives 
     information. Clarifies that exemptions can't be bought or 
     sold. DOT directed to treat commuter carriers equally for 
     purposes of slot exemption applications. Limited incumbents 
     redefined as those carriers that hold or operate 20 or fewer 
     slots at a high-density airport. Regional jets defined as 
     aircraft having between 30 and 50 seats. Clarifies that 
     nothing affects FAA authority for safety and movement of air 
     traffic.
       12 slot exemptions shall be granted inside the perimeter to 
     airlines serving medium hub or smaller airports. Exemptions 
     shall be distributed in a manner consistent with the 
     promotion of air transportation by (1) new entrants and 
     limited incumbents, (2) to communities without service to 
     DCA, (3) to small communities, or by (4) providing 
     competitive service on a monopoly route to DCA.
       12 perimeter rule/slot exemptions established for service 
     beyond the 1,250-mile perimeter. To qualify, carriers would 
     have to demonstrate that proposed service provides domestic 
     network benefits or increases competition by new entrant air 
     carriers.
       Stage 3 aircraft must be used and no more than 2 exemptions 
     per hour can be granted.
       Section 456: These new slot exemptions at DCA can't 
     increase operations at DCA between 10:00 p.m. and 7:00 a.m.
       Section 101(b): The new slot exemption authority doesn't 
     affect DOT's authority under any other provision of law.
     Conference Substitute
       Section 231: DOT is directed to grant 12 slot exemptions 
     within the perimeter. It is also directed to grant 12 slot 
     exemptions outside the perimeter based on certain specified 
     findings. These slots could go to more than one airline. 
     Stage 3 aircraft  must be used. The exemptions must be for 
     flights between 7 a.m. and 10 p.m. There can be no more 
     than 2 additional flights per hour. Of the flights within 
     the perimeter, 4 must be to small hubs or non-hubs and 8 
     must be to medium, small, or non-hubs. All requests for 
     exemptions must be submitted within 30 days of enactment. 
     Fifteen days are allowed to comment on the requests. After 
     that, 45 days are allowed for DOT to make a decision. Ten 
     percent of the entitlement money at Reagan National 
     Airport must go to noise abatement. Priority shall be 
     given to applications from the 4 slot-controlled airports 
     for noise set-aside money. DOT shall do a study comparing 
     noise at these 4 airports now as compared to 10 years ago.
       The definition of limited incumbent air carrier includes 
     slots and slot exemptions held or operated by that carrier. 
     However, under section 41714(h)(5), slots that are on a long-
     term lease for a period of 10 years or more, being used for 
     international service, and that the current holder releases 
     and renounces any right to subject to the terms of the lease 
     shall not be counted as slots either held or operated for the 
     purposes of determining whether the holder is a limited 
     incumbent.


         79. metropolitan washington airports authority (mwaa)

     House Bill
       Section 718: Extends the deadline for reauthorizing MWAA 
     from 2001 to 2004. Also, eliminates the requirement that the 
     additional Federal Directors be appointed before MWAA can 
     receive AIP grants or impose a new PFC.
     Senate Amendment
       Title X: Eliminates the requirement that the additional 
     Federal Directors be appointed before MWAA can receive AIP 
     grants or impose a new PFC.
     Conference Substitute
       Section 231(h) and (i) adopt the House and Senate 
     provisions.


                80. air traffic control oversight board

     House Bill
       Section 301 to 303: Establishes a 9-member Board to review 
     and approve FAA's air traffic control (ATC) modernization 
     program (including procurements over $100 million), the 
     appointment of a Chief Operating Officer and senior 
     executives of the ATC system, any ATC reorganization, any 
     cost accounting and financial management structure, the 
     performance of employees, and the ATC budget. The 9 members 
     shall be composed of 6 non-Federal members appointed for 5 
     years plus the DOT Secretary, the FAA Administrator, and an 
     air traffic employee union head. The Chief Operating Officer 
     would be appointed for a 5-year term.
       Section 304. Allows initial appointments to be made by the 
     president, but requires all subsequent appointments to be 
     made by the DOT Secretary.
     Senate Amendment
       Section 907(c): Chairman of the Management Advisory Council 
     (MAC) to establish an Air Traffic Services Subcommittee to 
     review and comment on: the performance of COO and senior 
     managers within FAA air traffic organization, long range and 
     strategic plans for air traffic services, Administrator's 
     selection and compensation of senior air traffic executives, 
     any major FAA reorganization, FAA cost allocation system and 
     financial management, and performance of managers responsible 
     for major acquisition projects.
       Section 906(a): Administrator to appoint COO for a 5-year 
     term. COO is eligible for a 50 percent-of-pay bonus at 
     Administrator's discretion.
       Section 907(a), (b): Similar provision on MAC.
       Section 908: Secretary may give FAA Administrator a 50 
     percent-of-pay bonus.
     Conference Substitute
       Section 301-304: The Management Advisory Council (MAC) is 
     retained. Initial appointments of 10 aviation industry 
     representatives and one union leader will be made by the 
     President and confirmed by the Senate. After that, 
     appointments will be made by the Secretary of Transportation. 
     They are appointed for 3 years except the union leader who is 
     appointed only while head of the union.
       There will be five additional members appointed by the 
     Secretary within 3 months of the date of enactment of this 
     Act. These 5 members should represent the public and not have 
     an interest in or be involved in an aviation business. They 
     would have to meet the public interest criteria of the House 
     bill. They should have a background in management, customer 
     service, information technology, organizational development, 
     or labor relations. They are appointed for 5 years and can 
     only be reappointed once. These 5 members will form the Air 
     Traffic Services Subcommittee. This Subcommittee will oversee 
     the air traffic control system. It will be responsible for 
     reviewing and approving certain actions, plans, appointments 
     (including the FAA Administrator's appointment of a Chief 
     Operating Officer), budget requests, salaries, and large 
     contracts. The Subcommittee shall select its Chairman who 
     shall serve a 2-year term. It shall meet at least quarterly 
     and shall file an annual report. If the Subcommittee 
     identifies a problem in the air traffic control system that 
     is not being adequately addressed, it shall report the matter 
     to the FAA Administrator, the MAC, and the Congress. If the 
     Administrator agrees with the report, action shall be taken 
     on it within 60 days. If the Administrator disagrees, a 
     report to that effect must be filed with the president and 
     the Congress. GAO shall report to Congress on whether this 
     new management structure is improving the performance of the 
     air traffic control system.
       Neither the Secretary nor the Administrator is on the MAC 
     or the Subcommittee. The union member described in the House 
     bill is on the MAC but not the ATC Subcommittee.
       The FAA Administrator appoints a Chief Operating Officer 
     (COO) for a 5-year term with the approval of the Air Traffic 
     Services Subcommittee. The COO reports to the Administrator 
     and can receive the same salary as the Administrator plus a 
     possible 30% performance bonus. This bonus shall be based on 
     how well the COO meets the performance goals that are 
     established by the Administrator and COO in consultation with 
     the Air Traffic Services Subcommittee. Includes COO's 
     authority from Senate bill.


              81. air traffic modernization pilot program

     House Bill
       No provision.
     Senate Amendment
       Section 911: Authorizes a FAA-industry joint venture pilot 
     program to accelerate investment in ATC facilities and 
     equipment. The nonprofit Air Traffic Modernization 
     Association to help airports arrange lease and debt financing 
     of eligible projects. Prescribes an executive panel for the 
     Association. Association can borrow and lend funds, $500 mil 
     total capitalization for FY2000-2002. No single project can 
     exceed $50 mil. Authorizes FAA payments to Association. 
     Allows airports to use Association payments to meet local 
     matching requirements of airport grants. Report to 
     authorizing committees within 3 years of Association's 
     establishment. FAA authorized $1.5 million for its share of 
     Association's organizational and administrative costs.
     Conference Substitute
       Section 304: Agree to a 10 project pilot cost-sharing 
     program to encourage nonfederal investment in air traffic 
     control modernization programs. Limits FAA participation to 
     one-third of project costs and $15 million per project.


                    82. Regulatory approval process

     House Bill
       Section 306: Raises from $100 million to $250 million the 
     threshold that would trigger Secretarial review of a FAA 
     regulation. It also limits the type of regulations that would 
     be considered significant enough to justify Secretarial 
     review.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 305 adopts House provision.


                83. Failure to meet rulemaking deadline

     House Bill
       Section 308: Requires FAA to notify Congress if it misses 
     the deadline in the law for

[[Page H695]]

     responding to a rulemaking petition, issuing a notice of 
     proposed rulemaking, or issuing a final rule.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 306: In lieu of House provision, require FAA to 
     write a letter to the authorizing Committees on February 1 
     and August 1 of each year with the information described by 
     the House bill.


             84. Whistleblower protection for FAA employees

     House Bill
       Section 503: Adds the enforcement procedures in 5 U.S.C. 
     Chapter 12.
     Senate Amendment
       Section 419(b): The same provision with slightly different 
     wording.
     Conference Substitute
       Section 307: House. Also moves the personnel and 
     procurement reform sections from the Appropriations Act into 
     Title 49.


                     85. Procurement Integrity Act

     House Bill
       Section 309: Imposes section of Procurement Integrity Act 
     (with certain adjustments) that restricts the conduct of 
     business and information disclosed between Federal employees 
     and government contractors. Penalties can be imposed if 
     contractor bid and proposal information or source selection 
     information is exchanged for anything of value or results in 
     an unfair competitive advantage.
     Senate Amendment
       Section 415: Same or similar provision.
     Conference Substitute
       Section 307(b): Senate


                          86. Personnel reform

     House Bill
       Section 705(a): Provides that the 60-day period for 
     congressional resolution of a dispute between the FAA and one 
     of its unions does not include a period during which Congress 
     has adjourned sine die.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 308(a): House.


               87. merit systems protection board (mspb)

     House Bill
       Section 705: Permits an FAA employee subject to an adverse 
     personnel action to contest it either through contractual 
     grievance procedures, FAA internal procedures, or by appeal 
     to the MSPB.
     Senate Amendment
       Section 424: Permits appeals to the MSPB.
     Conference Substitute
       Section 308(b): House & Senate.


                    88. Study of FAA cost allocation

     House Bill
       Section 307: Requires the DOT inspector general (IG) to 
     conduct an assessment to ensure that FAA's cost allocations 
     are appropriate. Specifies what the IG is to study. Requires 
     annual reports for 5 years starting on 12/31/00. Authorizes 
     $1.5 million.
     Senate Amendment
       Section 414: Requires the DOT inspector general (IG) to 
     conduct or contract out an assessment to ensure that FAA's 
     cost allocations are appropriate. Specifies what the IG is to 
     study. Final report due in 300 days of contract award. 
     Authorizes such sums as may be necessary.
       Section 910: By 7/9/00, FAA must report to authorizing 
     committees on its cost allocation system now under 
     development, to include specific dates for completion and 
     implementation. DOT IG to assess the cost allocation system 
     with own staff, or contract it out, and also assess FAA's 
     cost and performance management. Updated report from IG by 
     12/31/00. FAA is required to include information in its 
     annual financial report that would allow users to judge FAA's 
     progress in increasing productivity.
     Conference Substitute
       Section 309: House includes the general authorization in 
     the Senate amendment rather than the specific authorization 
     in the House bill.
       Section 311 adopts section 910(a) of the Senate bill. It 
     requires a report on the FAA's cost allocation system.


                     89. environmental streamlining

     House Bill
       Section 305: Requires DOT to develop and implement a more 
     expedited environmental review process similar to the one in 
     TEA 21.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 310: Requires DOT to conduct a study of Federal 
     environmental requirements related to the planning and 
     approval of airport improvement projects. The purpose of the 
     study would be to determine if there are ways to streamline 
     the environmental review process for such projects. A report 
     is due in one year.


                         90. Oceanic ATC system

     House Bill
       No provision.
     Senate Amendment
       Section 416: Requires FAA to report on plans to modernize 
     the oceanic air traffic control system.
     Conference Substitute
       Section 312: Senate but put in management reform Title.


91. Technical clarifications to existing ban on lawyer solicitation of 
                                families

     House Bill
       Section 401(a): Extends the ban to accidents involving 
     foreign airlines in the U.S. Extends ban to associates, 
     agents, employees or other representative of a lawyer.
       Extends ban from 30 to 45 days.
       Includes enforcement provision.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 401(a): House.


                92. Counseling services after accidents

     House Bill
       Section 401(b): Prohibits states from preventing out of 
     state mental health workers of the designated organization 
     from providing counseling services for 30 days (which can be 
     extended for an additional 30 days after accident.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 401(b): House.


                       93. Non-revenue passengers

     House Bill
       Section 401(c) and 403(a): Extends protections of Family 
     Assistance Act to people aboard aircraft who are not paying 
     passengers.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 401(c) and 403(a): House


             94. Technical change to Family Assistance Act

     House Bill
       Section 401(d) and 402(c): Moves a freestanding provision 
     into Title 49.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 401(d) and 402(c): House


               95. U.S. Airline disaster assistance plans

     House Bill
       Section 402(a): Requires U.S. airlines to update their 
     plans by adding--
       Assurance that they will inform family whether relative had 
     reservation on the flight;
       Assurance that airline employees will receive adequate 
     training in disaster assistance.
       Assurance that if the airline volunteers assistance to U.S. 
     citizens in the U.S. involving a crash outside the U.S., it 
     will consult with the NTSB and the State Department.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 402(a): House.


                      96. Limitation on Liability

     House Bill
       Section 402(b): Protects U.S. airlines from liability if 
     they inadvertently give inaccurate information to a family 
     about a flight reservation.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 402(b): House but replaces the term ``flight 
     reservation'' with the term ``preliminary passenger 
     manifest''. The terms have essentially the same meaning but 
     preliminary passenger manifest is the term already used in 
     new section 4113(b)(14) of Title 49.


             97. Foreign airline disaster assistance plans

     House Bill
       Section 403: Requires foreign airlines to update their 
     plans by adding an assurance that their employees will 
     receive adequate training in disaster assistance and will 
     consult with the NTSB and the State Department if the airline 
     volunteers assistance to U.S. citizens in the U.S. involving 
     a crash outside the U.S.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 403: House


                 98. Death on the High Seas Act (DOHSA)

     House Bill
       Section 404: Amends Title 49 to make DOHSA inapplicable to 
     airline accidents. This applies to any lawsuit that has not 
     been decided by a court or settled.
     Senate Amendment
       Section 431: Amends DOHSA in the event of a commercial 
     aviation accident to allow recovery of nonpecuniary damages 
     for wrongful death (loss of care, comfort and companionship). 
     For all beneficiaries of the decedent either (1) up to 
     $750,000 adjusted for inflation in the case of commercial 
     aviation accidents, or (2) the pecuniary loss sustained, 
     whichever is greater. No punitive damages. Includes inflation 
     adjustment. Applies to any death after July 16, 1996.
     Conference Substitute
       Consistent with Executive Order 5928, December 27, 1988, 
     the territorial sea for aviation accidents is extended from a 
     marine

[[Page H696]]

     league to 12 miles. The effect of this is that the Death on 
     the High Seas Act will not apply to planes that crash into 
     the ocean within 12 miles from the shore of the United 
     States. The law governing accidents that occur between a 
     marine league and 12 miles from land will be the same as 
     those that now occur less than a marine league from land. For 
     those accidents that occur more than 12 miles from land, the 
     Death on the High Seas Act will continue to apply. However, 
     in those cases the Act is modified as in the Senate bill 
     except that there is no $750,000 cap on damages.


               99. Emergency locator transmitters (ELTs)

     House Bill
       Under current law, ELTs are required on turboprop aircraft 
     with certain exceptions.
       House Bill: Section 510--Requires ELTs on small turbojet 
     aircraft with the following exceptions (similar to those in 
     current law)--
       Aircraft used in scheduled flights by certificated 
     scheduled airlines;
       Aircraft used in training operations within 50 miles of the 
     airport;
       Aircraft used for design, testing, manufacture, preparation 
     and delivery;
       Aircraft used in R&D if the aircraft holds the necessary 
     certificate;
       Aircraft used for showing compliance, crew training, 
     exhibition, air racing, and market surveys;
       Aircraft used for agricultural spraying;
       Aircraft with a maximum payload capacity of more than 7,500 
     pounds when used for commercial passenger or cargo air 
     service.
       Aircraft capable of carrying only one person such as ultra-
     light aircraft.
       Specifies the type of ELT that must be used and directs the 
     issuance of regulations and the effective date of those 
     regulations as 1/1/2002.
     Senate Amendment
       Section 404: The following exceptions to current ELT 
     requirements are eliminated: turbojet-powered aircraft, 
     aircraft holding R&D certificates, aircraft when used for 
     crew training and market surveys. ELT requirements would 
     apply to these aircraft.
       States what kind of ELTs would meet requirements. Requires 
     FAA rule by 2002.
     Conference Substitute
       House, but increase the payload capacity (which is defined 
     in section 119.3 of the FAA rules) to 18,000 pounds. This 
     would cover aircraft up to about 60 seats. FAA is required to 
     issue rules implementing this change by January 1, 2001. 
     These rules should take effect on January 1, 2002. However, 
     FAA may extend the effective date by 2 years to ensure a safe 
     and orderly transition or for other safety reasons. The 
     effect is to require business jets and small air charters to 
     equip with ELTs so they can be located after a crash.


                            100. Cargo TCAS

     House Bill
       Section 501: Directs FAA to require cargo aircraft of 
     15,000 kilograms or more to install collision avoidance 
     equipment by December 31, 2002 that provides protection from 
     mid-air collisions and resolution advisory capability that is 
     at least as good as TCAS-II. FAA may extend this deadline by 
     2 years if that would promote safety.
     Senate Amendment
       Section 402: Directs FAA to require cargo aircraft of 
     15,000 kilograms or more to install collision avoidance 
     equipment by December 31, 2002 that is TCAS II equipment or a 
     similar system approved by the FAA for collision avoidance. 
     FAA may extend the deadline for 2 years if that would promote 
     an orderly transition or other safety or public interest 
     objectives.
     Conference Substitute
       Section 502: House.
       In 1997, the FAA announced that it expected to establish a 
     date for final recommendations for installation of collision 
     avoidance systems in cargo aircraft. Three years later, the 
     FAA still has not acted. Therefore, the conferees have 
     mandated that FAA require a collision avoidance system in 
     cargo planes by a date certain. The Managers urge the FAA to 
     act expeditiously on this.


                             101. Landfills

     House Bill
       Section 511: Prohibits new landfills within 6 miles of a 
     small airport unless the State aviation director requests an 
     exemption from the FAA and the FAA determines that the 
     landfill would not adversely affect air safety.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 503: House with modifications. The limitation on 
     the construction of landfills, does not apply to the 
     expansion of existing municipal solid waste landfills.
       Alaska has more than 250 villages and small towns; most of 
     these communities are densely packed with only one main dirt 
     road through town, unconnected to any other road system. The 
     vast majority of these townsites are no larger than 2 
     square miles. Wilderness or other state or federal 
     conservation land surrounds many of these villages. Most 
     of the airstrips serving these communities are immediately 
     adjacent to the villages. A provision requiring any 
     landfill to be at least 6 miles from the airport would be 
     unworkable in Alaska because of these constraints, the 
     harsh arctic environment, and the enormous capital 
     expenditures necessary to build roads and secure federal 
     permits to establish landfills in wilderness or refuge 
     lands. Therefore, this provision does not apply in Alaska. 
     There are many other similar exceptions for Alaska in 
     title 49.


                   102. Marking of life-limited parts

     House Bill
       Sections 507: Requires FAA to issue rules to determine the 
     best way to ensure the safe disposition of life-limited civil 
     aviation parts. Provides 180 days for the proposed rule and 
     180 days for the final rule. Also provides for civil 
     penalties for failure to mark.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 504: House.


              103. Bogus parts and certificate revocation

     House Bill
       No provision.
     Senate Amendment
       Section 405: Prohibits the certification or hiring of a 
     person (individual or company) that has been convicted of a 
     violation of a law relating to counterfeit parts, or the 
     certification of a company that is subject to a controlling 
     or ownership interest of a convicted individual. FAA required 
     to revoke certificates on the same basis, with appeal 
     procedures built in. FAA can waive revocation if a law 
     enforcement official requests it, and it will facilitate law 
     enforcement. Certificates can be amended to limit convicted 
     individuals' controlling interest.
     Conference substitute
       Section 505: Senate with modifications.


                104. Bogus Parts and criminal penalties

     House Bill
       No provision.
     Senate Amendment
       Section 464: Applies to a person who knowingly engages in 
     interstate commerce concerning any aircraft or space vehicle 
     part, and who conducts this business fraudulently. If the 
     fraudulent part is installed in aircraft or space vehicle, 
     fine of up to $500,000 and up to 25 years in prison. If the 
     fraudulent part results in serious bodily injury or death, 
     fine of up to $1,000,000 and up to life in prison. If an 
     organization commits the offense, fine of up to $25 mil. 
     Otherwise, fine under Title 18 U.S.C. and up to 15 years in 
     prison. District courts empowered to divest interest in and 
     destroy parts inventories, impose restrictions on future 
     employment in same field, and to dissolve or reorganize the 
     related enterprise. Property and proceeds derived from 
     enterprise to be forfeited.
     Conference Substitute
       Section 506: Senate with modifications. It is intended that 
     the penalties for the failure of parts to operate as 
     represented in (b) (2) and (3) only applies to aircraft and 
     space vehicle parts.


                              105. Hazmat

     House Bill
       Section 512: Makes clear that ignorance of the law is no 
     excuse with respect to hazmat regulations but may be 
     considered in mitigation of the penalty.
     Senate Amendment
       Section 435: Directs FAA to make elimination of the backlog 
     of hazardous materials enforcement cases a priority and that 
     the laws in this area are carried out in a consistent manner. 
     FAA shall report quarterly to the Senate Commerce Committee 
     on its progress.
     Conference Substitute
       Section 507: House.


                  106. Criminal history record checks

     House Bill
       No provision.
     Senate Amendment
       Section 306(1): Permits criminal history record check for 
     security screeners.
     Conference Substitute
       Section 508(a): Senate


                       107. pilot record sharing

     House Bill
       Section 502: Exempts the military from the requirement to 
     provide records. Limits the records that must be provided to 
     those that involve the individual's performance as a pilot. 
     Allows an airline to hire a pilot even if it has not received 
     records from a foreign entity if it has made a good faith 
     effort to obtain them. FAA may allow designated individuals 
     to have electronic access to pilot record database.
     Senate Amendment
       Section 306: The same provision with respect to 
     individual's performance as a pilot and records from foreign 
     entities. No provision on military records or on allowing 
     designated individuals to have access to the records.
     Conference Substitute
       Section 508(b): House with privacy terms to ensure that 
     information from database is only obtained by person who 
     needs info for hiring decision and that information is only 
     used for that purpose.


  108. Criminal penalties for airline pilots flying without a license

     House Bill
       No provision.
     Senate Amendment
       Section 309: Provides for fines and maximum 3 years 
     imprisonment for airline pilots who fly without a license and 
     for individuals, but not companies, that hire them. Fines and 
     prison terms increase if the individual is

[[Page H697]]

     smuggling drugs or aiding in a drug violation.
     Conference Substitute
       Section 509: Senate.


         109. Flight Operations Quality Assurance (FOQA) rules

     House Bill
       Section 505: Requires FAA to issue a proposed rule within 
     30 days protecting airlines and airline employees from civil 
     enforcement actions for disclosures made under FOQA. The 
     Final rule is due 1 year after the comment period closes.
     Senate Amendment
       Section 409: Same provision except 90 days is allowed for 
     the issuance of the proposed rule and it applies to all 
     enforcement actions for violation of the FARs that are 
     reported or discovered as a result of voluntary reporting 
     programs (such as FOQA and ASAP), other than criminal or 
     deliberate acts. No requirement on final rule.
     Conference Substitute
       Section 510: Senate; except that 60 days is allowed for the 
     issuance of the proposed rule.


                         110. Unruly passengers

     House Bill
       Section 508: Subjects unruly passengers to fine of $25,000 
     and a possible ban on commercial air travel for one year.
     Senate Amendment
       Section 406: Imposes fine of $10,000 on person who 
     interferes with the crew or poses a threat to the safety of 
     the aircraft.
       Title XV: Imposes fine of $25,000 on person who assaults or 
     threatens to assault the crew or another passenger, or poses 
     a threat to the safety of the aircraft or its passengers. 
     Attorney General may set up a program to deputize state and 
     local airport law enforcement officials as deputy U.S. 
     marshals for enforcement purposes.
     Conference Substitute
       Section 511: Senate. $25,000 fine. Also requires the 
     Justice Department to notify the House and Senate authorizing 
     Committees within 90 days as to whether it plans to set up 
     the program to deputize local law enforcement.


                111. Air Transportation Oversight System

     House Bill
       Section 509: Requires FAA to submit an annual report for 
     the next 5 years on its progress in implementing its new 
     airline inspection system.
     Senate Amendment
       Section 417: Beginning in 2000, FAA shall report biannually 
     on the air transportation oversight system (inspector 
     training) announced on May 13, 1998.
     Conference Substitute
       Section 513: Requires reports on August 1, 2000 and August 
     1, 2002. Takes elements of report contents from both bills.


                        112. Runway safety areas

     House Bill
       Section 139: Makes arrester beds described in a FAA 
     circular eligible for AIP grants and directs FAA to do a 
     rulemaking to improve runway safety through arrestor beds, 
     longer runways, or other means.
     Senate Amendment
       Section 403: Requires FAA, within 6 months, to ``solicit 
     comments on the need for'' improvement of runway safety areas 
     and installation of precision approach path indicators.
     Conference
       Section 514: Adopts Senate ``solicit comments'' language in 
     lieu of House rulemaking language. Adds limitation stating 
     that in making grants for Engineered Materials Arresting 
     Systems the Secretary shall require that the sponsor 
     demonstrate that the effects of jet blast have been 
     adequately considered.
       Also adds a provision to cover situations where an 
     airport's runways are constrained by physical conditions. In 
     those situations, the FAA is directed to consider alternative 
     means for ensuring runway safety when prescribing conditions 
     for runway rehabilitation grants.
       Section 515: Senate provision on precision approach path 
     indicators.
       The conferees urge the Administrator to encourage all civil 
     airport certified under FAR Part 139 CFR to have standard 
     runway safety areas in accordance with the most cost 
     effective and efficient method described in FAA circulars in 
     the numbered 150 series.


                       113. aircraft dispatchers

     House Bill
       Section 516: Within one year, FAA shall study the role of 
     aircraft dispatchers including an assessment of whether 
     dispatchers should be required for cargo and commuter 
     airlines and whether FAA inspectors should be assigned to 
     oversee dispatchers.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 516: House.


                      114. Training for mechanics

     House Bill
       Section 517: FAA and industry shall develop a model program 
     to improve training for mechanics.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 517: House.


                    115. small airport certification

     House Bill
       Section 506: Requires FAA to issue proposed small airport 
     certification standards within 60 days after enactment and 
     Final rules within 1 year of the close of the comment period.
     Senate Amendment
       No provision.
     Conference Substitute
       House


                     116. fire and rescue personnel

     House Bill
       Section 513: Directs FAA to conduct a rulemaking on the 
     mission of rescue personnel, rescue response times, and 
     needed extinguishing equipment taking into account the need 
     for different requirements for airports of different sizes.
     Senate Amendment
       Section 450: Requires FAA study within 6 months on current 
     and future airport safety needs, focusing on rescue 
     personnel, response time, and extinguishing equipment. If FAA 
     recommends revisions to part 139, study must include a cost-
     benefit analysis.
     Conference Substitute
       No provision.


           117. maintenance implementation procedures (mips)

     House Bill
       Section 514: Prohibits FAA from entering into a MIP unless 
     the foreign nation is inspecting repair stations to ensure 
     their compliance with FAA standards.
     Senate Amendment
       No provision.
     Conference Substitute
       No provision.


                    118. injuries to airport workers

     House Bill
       Section 515: Directs FAA to study, within one year, the 
     number of workers injured or killed as a result of being 
     struck by moving vehicle on the airport tarmac.
     Senate Amendment
       No provision.
     Conference Substitute
       House.


                  119. safety risk mitigation program

     House Bill
       Section 504: Requires FAA to issue guidelines encouraging 
     safety risk mitigation programs such as self-disclosure 
     programs.
     Senate Amendment
       No provision.
     Conference Substitute
       No provision.


                  120. aeronautical charting transfer

     House Bill
       Section 736: The FAA shall consider procuring mapping and 
     charting services from the private sector if that would 
     further the mission of the FAA and be cost effective.
     Senate Amendment
       Title VIII: Transfers to FAA the Department of Commerce 
     responsibilities and offices for aeronautical charting.
     Conference Substitute
       Title VI: Senate provisions except that (1) the current 
     special VFR route provision in section 44721 is retained and 
     (2) the authority to conduct aerial and field surveys is not 
     transferred.
       Section 607 adopts the provision from the House bill.


              121. duties and powers of the administrator

     House Bill
       Section 701: Lists FAA duties.
     Senate Amendment
       Section 701: Technical corrections. The sections listed 
     should be the same as the House's.
     Conference Substitute
       Section 701: House and Senate.


                          122. public aircraft

     House Bill
       Section 702: Restates the definition of public aircraft in 
     a way that is intended to have fewer double negatives and be 
     more understandable. It also permits a military aircraft to 
     carry passengers for reimbursement without losing its public 
     aircraft status when Federal law requires that reimbursement. 
     The Provision clarifies that carriage of prisoners is 
     considered part of the law enforcement function and therefore 
     can be performed by public aircraft. Permits public aircraft 
     to fly charters for DOD if DOD designates the flight as being 
     in the national interest. Requires NTSB to do a study 
     comparing the safety of public and civil aircraft.
     Senate Amendment
       Section 209: Permits public aircraft to be used to 
     transport passengers if those passengers are involved in 
     prisoner transport.
     Conference Substitute
       Section 702: Revises the title of subsection (a) since 
     there are some substantive changes in the law. Inserts 
     ``regulation or directive on November 1, 1999'' after 
     ``Federal law'' in new section 40125(a)(1) because an OMB 
     circular may be the basis for the requirement that 
     reimbursement be paid. Makes clear in new section 40125(c)(2) 
     that an aircraft of the

[[Page H697]]

     National Guard of a state, territory, Puerto Rico, or the 
     District of Columbia can operate as a public aircraft only 
     when it is operated under the direct control of the United 
     States Department of Defense. Paragraph (c)(1)(B) of new 
     section 40125 takes account of the other missions that 
     military aircraft may be called upon to provide and allows a 
     military aircraft to operate as public aircraft if it is 
     performing a governmental function and operating under the 
     titles specified in that paragraph.
       Two of these changes have been of concern to commercial 
     helicopter operators. One would allow a military aircraft to 
     be operated under the more lenient rules governing public 
     aircraft if it was used in the performance of a governmental 
     function. The other change would allow a government aircraft 
     to retain its public aircraft status even when receiving 
     compensation for the flight as long as a Federal law or 
     directive required the compensation on the date of enactment.
       With respect to the first concern, the conference 
     substitute limits the qualifying governmental function to 
     those performed under titles 14, 31, 32, or 50 of the U.S. 
     code.
       With respect to the second concern, the conference 
     substitute limits the law or directive to those in effect 
     last year. This will prevent the military or other Federal 
     agency from issuing rules now to take advantage of this new 
     exception.
       With these changes, the managers believe that they have 
     achieved a balance between the needs of the military and the 
     legitimate interests of commercial aircraft operators.


           123. prohibition on release of offeror proposals.

     House Bill
       Section 703: Exempts bid submissions from the Freedom of 
     Information Act except for certain unsuccessful bids.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 703: House.


                  124. multiyear procurement contract

     House Bill
       Section 704: Allows 10-year contracts for telecommunication 
     services using satellites if that would be cost beneficial.
     Senate Amendment
       Section 436: Authorizes FAA to establish a pilot program 
     (FY2001-2004) to test long-term contracts for leasing 
     aviation equipment and facilities. No more than 10 contracts, 
     each at least 5 years. Many include requirements related to 
     oceanic and ATC, air-to-ground radio communications, ATC 
     tower construction.
     Conference Substitute
       Section 704: Senate. Reference to telecommunications 
     satellites as in the House bill. Contracts may enter into in 
     fiscal years 2001 through 2003 but the terms of the contracts 
     are not limited to those 3 years.


                   125. Severable services contracts

     House Bill
       Section 719: Amends procurement reform provision in the 
     Appropriations Act. Notwithstanding the Federal Acquisition 
     Streamlining Act, FAA may enter into contracts for services 
     that begin in one year and end in another.
     Senate Amendment
       Section 301: Amends Title 49. FAA may enter into contracts 
     for services that begin in one year and end in another, and 
     obligations of funds for one fiscal year may carry over.
     Conference Substitute
       Section 705: Senate.


      126. Prohibition on racial discrimination in airline travel

     House Bill
       Section 706: Prohibits racial discrimination.
     Senate Amendment
       Section 455: Prohibits discrimination at airports.
     Conference Substitute
       Section 706: House And Senate.


     127. Prohibition on Discrimination in Use of Private Airports

     House Bill
       No provision.
     Senate Amendment
       Section 455: Prohibits a state, county, city or municipal 
     government from restricting the full enjoyment of a private 
     airport on the basis of a person's race, creed, color, 
     national origin, sex or ancestry.
     Conference Substitute
       Section 706: Senate


          128. International standards for handicapped access

     House Bill
       Section 706(c): Directs DOT to work with international 
     organizations to improve access for handicapped passengers 
     especially on foreign airlines that code-share with U.S. 
     carriers. Extends the existing prohibition on discrimination 
     to foreign airlines operating to the U.S. subject to 
     bilateral obligations under section 40105(b). Imposes a 
     penalty of $10,000 for violations.
     Senate Amendment
       Section 407: Directs DOT to work with international 
     organizations to improve access for handicapped passengers 
     especially on foreign airlines that codeshare with U.S. 
     carriers. Extends the existing prohibition on discrimination 
     to foreign airlines operating in U.S. Each act of 
     discrimination constitutes a separate violation. Each 
     complaint shall be investigated and complaint statistics 
     shall be publicly reported. Annual report to Congress. The 
     government shall provide technical assistance to airlines and 
     disabled people. Adds the section prohibiting discrimination 
     against the handicapped to those subject to the $1,000 civil 
     penalty. If the carrier that discriminated does not provide a 
     credit or voucher to the passenger in the specified amounts, 
     then the penalty will be that specified amount. Attorney's 
     fees may be awarded if the court deems it appropriate.
     Conference Substitute
       Section 707: Senate provision insofar as it (1) directs DOT 
     to work with international organizations to improve access 
     for handicapped passengers especially on foreign airlines 
     that code-share with U.S. carriers; (2) extends the existing 
     prohibition on discrimination of foreign airlines operating 
     to the U.S.; (3) states that each act of discrimination 
     constitutes a separate violation; (4) requires that each 
     complaint be investigated and complaint statistics be 
     publicly reported; (5) mandates an annual report to Congress; 
     and (6) requires that technical assistance be provided to 
     airlines and disabled people. Civil penalties for violations 
     are increased to $10,000. The extension of the prohibition on 
     discrimination to foreign airlines is made subject to U.S. 
     bilateral obligations as in the House bill.


            129. Smoking Prohibition, International Flights

     House Bill
       No provision.
     Senate Amendment
       Section 437: Extends the smoking restriction on domestic 
     flights to segments of international flights that arrive in 
     or depart from the U.S. Procedures established if foreign 
     government objects to extraterritorial application of U.S. 
     law.
     Conference Substitute
       Section 708: Senate.


                     130. Joint ventures/alliances

     House Bill
       Section 707: Makes clear that the provision requiring 
     notice of certain joint venture and alliance agreements apply 
     only to those agreements where both parties are major 
     airlines.
     Senate Amendment
       No provision.
     Confernece Substitute
       Section 709: House


                       131. Animal Transportation

     House Bill
       No provision.
     Senate Amendment
       Title XVII: Within 2 years of enactment, DOT will require 
     each air carrier to submit to DOT details on animals on each 
     flight. Any serious incident involving an animal must be 
     reported to Department of Agriculture (DOA) and DOT. This 
     information will be included in Air Travel Consumer Reports. 
     Consumer complaints involving animals must be reported within 
     15 days by DOT to DOA. Annual reports under the Animal 
     Welfare Act. Each air carrier to amend contract of carriage 
     to lay out procedures for safe transport of animals. Civil 
     penalty up to $5,000 for each incident involving the loss, 
     injury or death of an animal during transport. If carrier at 
     fault, carrier liable to owner for at least twice the 
     liability for mishandled baggage, plus costs of animal 
     treatment within 1 year of the incident. DOT to require 
     carriers to upgrade cargo containers to provide airflow, and 
     heating and cooling. After 1/1/00, carrier cannot carry 
     animals unless it's made this upgrade. 3/31/02 report to 
     Congress.
     Conference Substitute
       Section 710: The Managers have heard from animal rights 
     activists and citizens who use airlines to transport animals. 
     They have sharply differing views over the extent of the 
     problem and the appropriate remedy. Accordingly, the 
     Conference Report modifies the Senate provision to ensure 
     that airlines will continue to be able to carry animals while 
     information is collected to determine whether there is a 
     problem that warrants stronger legislative remedies. Toward 
     this end, scheduled U.S. airlines will be required to provide 
     monthly reports to DOT describing any incidents involving 
     animals that they carry. DOT and the Department of 
     Agriculture must enter into a MOU to ensure that the 
     Agriculture Department receives this information. DOT must 
     publish data on incidents and complaints involving animals in 
     its monthly consumer reports or other similar publication. In 
     the meantime, DOT is directed to work with airlines to 
     improve the training of employees so that (1) they will be 
     better able to ensure the safety of animals being flown and 
     (2) they will be better able to explain to passengers the 
     conditions under which their pets are being carried. People 
     should know that their pets might be in a cargo hold that may 
     not be air-conditioned or may differ from the passenger cabin 
     in other respects.


                        132. War Risk Insurance

     Hosue Bill
       Section 708: Extends the program until December 31, 2004.
     Senate Amendment
       Section 307: Extends the program until December 31, 2003.

[[Page H699]]

     Conference Substitute
       Section 71: Senate.


                  133. Improvements to leased property

     House Bill
       Section 709: Allows FAA to pay for improvements to leased 
     property even if the costs of the improvements exceed the 
     costs of the lease if the cost of the lease is nominal and 
     certain other conditions are met.
     Senate Amendment
       Section 420: Similar provision. No requirement that the 
     cost of the lease be nominal.
     Conference Substitute
       Section 712: House.


                       134. human factors program

     House Bill
       No provision.
     Senate Amendment
       Section 413: Requires FAA to report on the Advanced 
     Qualification Program, and its adoption among air carriers. 
     FAA must address the concerns of the National Research 
     Council on problems associated with human interface with ATC 
     automation. FAA must work with the aviation industry to 
     develop training curricula for the listed safety problems. 
     FAA, with NTSB and the industry, must establish a process to 
     assess human factors training as part of accident 
     investigations. FAA must establish a test program to use 
     model Jeppesen approach plates to improve nonprecision 
     landing approaches. Training practices associated with flight 
     deck automation must be updated within 12 months.
     Conference Substitute
       Section 713: Senate but delete Senate subsection (c) and 
     change ``improve nonprecision landing approaches'' in Senate 
     subsection (d), now subsection (b), to ``allow for precision-
     like approaches''. The FAA is directed to work with the 
     representatives of the aviation industry and appropriate 
     aviation programs associated with universities on this human 
     factors program. The appropriate aviation programs could 
     include a nonprofit Corporation involving academia. The 
     Managers note that the State University of New York at 
     Buffalo is already conducting this research.


    135. implementation of article 83 bis of the chicago convention

     House Bill
       Section 710: FAA may trade responsibilities with another 
     country for the regulation of aircraft registered in each 
     other's country. However, a country that does not meet ICAO 
     standards could not be given responsibility for U.S. 
     aircraft.
     Senate Amendment
       Section 304: Similar provision except there is not a 
     specific prohibition on transferring responsibility to a 
     country that does not meet ICAO standards.
     Conference Substitute
       Section 714: House.


                 136. public release of airmen records

     House Bill
       Section 711: Requires airman records (name, address, and 
     ratings) be made available to the public 120 days after 
     enactment. Before making the address available, the airman 
     shall be given the opportunity to have it withheld. A one-
     time written notification of one's right to withhold public 
     release of this information shall be developed and 
     implemented, in cooperation with the aviation industry, 
     within 60 days.
     Senate Amendment
       No provision.
     Conference substitute
       Section 715: House but modified to ensure that new pilots 
     are notified of their option to withhold this information 
     from the public. The FAA and organizations representing 
     pilots and other airmen should use their web pages and other 
     appropriate means to notify airmen that they can elect not to 
     have the information about them publicly released.


               137. emergency revocation of certificates

     House Bill
       Section 712: Gives a holder of a FAA certificate the right 
     to appeal an emergency revocation of that certificate to the 
     NTSB. If 2 Board Members determine that there was not an 
     emergency, the certificate is restored, subject to review by 
     the full Board within 15 days.
     Senate Amendment
       Section 311: Gives the holder of an FAA certificate the 
     right to appeal the immediate nature of an emergency 
     revocation of that certificate to the NTSB. Certificate 
     holder must request review within 48 hours of the emergency 
     revocation. NTSB has 5 days from the review filing to 
     determine whether immediate certificate revocation should be 
     stayed.
     Conference Substitute
       Section 716: Senate except the 48-hour period to file an 
     appeal begins to run after receipt of the emergency order by 
     the person rather than when it becomes effective. Also, the 
     standard of review is modified.


                 138. government and industry consortia

     House Bill
       Section 713: Permits FAA to establish consortia at airports 
     to advise on security and safety matters. Such consortia 
     shall not be considered Federal advisory committees.
     Senate Amendment
       Section 303: Similar provision.
     Conference Substitute
       Section 717: Senate.


                        139. passenger manifest

     House Bill
       Section 714: Changes ``shall'' to ``should'' in section 
     44909(a)(2).
     Senate Amendment
       Section 402: The same or similar provision. Relaxes 
     passenger manifest requirements to say that full name, 
     passport number, and emergency contact name and number should 
     be included.
     Conference Substitute
       Section 718: House and Senate.


               140. fees for service to foreign entities

     House Bill
       Section 715: Permits fees to be collected for inspection, 
     certification and similar services performed outside the U.S. 
     except for fees for production-certification related services 
     performed outside the U.S. pertaining to aeronautical 
     products manufactured there.
     Senate Amendment
       Section 305: Similar provision.
     Conference Substitute
       Section 719: House.


                          141. Civil Penalties

     House Bill
       Section 716: Makes technical corrections.
     Senate Amendment
       Section 308: Same or similar provision.
     Conference Substitute
       Section 720: House and Senate.


                      142. Waivers from noise act

     House Bill
       Section 717: Gives foreign airlines the same right to seek 
     waivers from the stage 3 compliance schedule as U.S. 
     airlines. Also, allows stage 1 or stage 2 aircraft to be 
     brought into the U.S. to sell the aircraft outside the U.S., 
     to sell the aircraft for scrap, or to modify the aircraft to 
     meet Stage 3 standards. Also, allows Stage 2 aircraft used 
     for service within Hawaii to be brought into the 48 States 
     for maintenance.
     Senate Amendment
       Section 302: Requires DOT to allow stage 2 aircraft to be 
     brought into the U.S. to sell, lease or use the aircraft 
     outside the U.S., to scrap the aircraft, to modify the 
     aircraft to meet Stage 3 standards, to perform scheduled 
     heavy maintenance or significant modifications on the 
     aircraft, to exchange the aircraft between the lessor and the 
     lessee, to prepare or store the aircraft for any of the above 
     activities, or to divert the aircraft to alternative airports 
     for safety or ATC reasons in conducting any of the above 
     flights. DOT required to establish procedure within 30 days 
     for waivers or ferry permits. Allows Stage 2 aircraft used 
     for service within Hawaii to be brought into the 48 States 
     for maintenance (including major alterations) or preventative 
     maintenance. Exempts experimental aircraft from the stage 3 
     requirements.
     Conference Substitute
       Section 721. Adopts House section 717(a) giving foreign 
     airlines the right to seek waivers similar to U.S. airlines.
       Adopts the Senate provision with an addition stating that 
     nothing in this section shall be construed as interfering 
     with or otherwise nullifying determinations made or to be 
     made under pending applications on November 1, 1999 by the 
     Federal Aviation Administration pursaunt to Title 14, part 
     161 of the Code of Federal Regulations. Any waivers granted 
     by public law 106-113 shall not be adversely affected by this 
     provision and shall continue in effect.


                    143. Land use compliance report

     House Bill
       Section 737: Directs FAA to add a section to its annual 
     report listing airports that are not in compliance with grant 
     assurances with respect to airport land and explaining the 
     corrective action that will be taken to address the problem.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 722. House, but modified to make clear that FAA 
     would list only those airports that it believes are not in 
     compliance. It would not have to audit them or make a final 
     determination before putting them on the list.


                     144. Denial of airport access

     House Bill
       Section 154: Allows an airport, which will be required to 
     obtain a certificate, to deny access to airlines that can 
     only serve certificated airports if the airport does not 
     intend to apply for such a certificate.
     Senate Amendment
       Section 421: Permits an uncertificated reliever airport 
     located within 35 miles of a hub airport with adequate gate 
     capacity to deny access to a public charter operator that 
     provides notice to the public of its schedule.
     Conference Substitute
       Section 723: Prohibits an airline or charter operator from 
     providing regularly scheduled charter air transportation 
     (where the public is provided a schedule containing the 
     departure location, departure time, and arrival location) to 
     an airport that does not have an airport operating 
     certificate from the FAA.


                         145. Year 2000 problem

     House Bill
       No provision.

[[Page H700]]

     Senate Amendment
       Section 401: Requires FAA quarterly reports on Year 2000 
     problem through 12/31/00.
       Section 457: Requires air carriers to respond to FAA by 
     November 1, 1999, regarding their readiness for the Y2K 
     problem as it relates to safety. If FAA doesn't receive 
     response by then, must decide on the record whether to revoke 
     certificate. FAA may reinstate certificate if carrier later 
     submits sufficient information to demonstrate it is in 
     compliance with applicable safety regulations as they relate 
     to Y2K.
     Conference Substitute
       No provision.


                      146. Stage 4 noise standards

     House bill
       Section 730: Requires FAA to continue to work to develop a 
     new standard for quieter aircraft. Beginning March 1, 2000, 
     FAA must submit annual reports to Congress on this work.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 726: House except that the goals to be considered 
     in developing these new standards are set forth and the 
     annual report requirement does not begin until July 1, 2000.


                            147. taos pueblo

     House Bill
       No provision.
     Senate Amendment
       Section 429: Within 18 months, the FAA shall work with the 
     Taos Pueblo and Blue Lakes Wilderness area to study the 
     feasibility of conducting a demonstration to require all 
     aircraft to maintain altitude of 5,000 feet.
     Conference Substitute
       Section 727: Study in Senate bill modified to also study 
     whether itinerant general aviation aircraft should be exempt.


                  148. Aircraft situation display data

     House Bill
       Section 721: Requires any person that receives aircraft 
     situational display data from the FAA to be able to, and to 
     agree to, block aircraft registration numbers if the FAA 
     asked that they be blocked. Also requires any existing 
     agreement with the FAA to obtain aircraft situational display 
     data to conform to the requirements above.
     Senate Amendment
       Section 427: Similar provision.
     Conference Substitute
       Section 729: House and Senate.


              149. Equal employment opportunity complaints

     House Bill
       Section 722: Authorizes $2 million and the hiring of 
     personnel to reduce the backlog of equal employment 
     opportunity complaints.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 730: House but does not specify the account from 
     which the money will come.


                      150. Easement in California

     House Bill
       Section 724: Grants an easement to facilitate construction 
     of the California State Route 138 bypass.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 731: House provision but with documentation 
     required of the California DOT to ensure that the benefit of 
     the easement to the airports will be at least equal to the 
     value of the easement being granted. This ensures that there 
     is no revenue diversion in the transaction.


                         151. Alaska air guides

     House Bill
       Section 725: Requires Alaska air guides to be regulated 
     under the FAA rules in 14 CFR Part 91 governing general 
     aviation rather than the rules for a commercial operation. 
     Also, directs the FAA to conduct a rulemaking to supplement 
     the requirements of Part 91 with additional requirements for 
     Alaska Air Guides that are needed to ensure air safety.
     Senate Amendment
       Section 411: Similar provision.
     Conference Substitute
       Section 732: House with an insert at the end of paragraph 
     (b)(2)(G) as follows: In making such a determination, the 
     Administrator shall take into account the unique conditions 
     associated with air travel in Alaska to ensure that such 
     actions are not unduly burdensome. Also, in paragraph 
     (c)(2)(C) put a period after ``guide services'' and delete 
     everything that follows.
       This section is designed to impose additional safety 
     regulations on Alaska Guide-Pilots. However, since the flight 
     services they provide are incidental to the hunting, fishing 
     and other guide services provided, Alaska Guide-Pilots are 
     distinctly different than air taxis and commuter carriers, 
     which are governed by the FAA regulation set forth in Part 
     135. This section is intended to impose enhanced safety 
     requirements on Alaska Guide-Pilots. However, such safety 
     requirements are intended to be less burdensome and less 
     costly than those set forth in Part 135 which are applicable 
     to air taxis and common carriers. Nothing in this section, 
     including subparagraph (b)(2)(G), is intended to authorize 
     the FAA Administrator to treat Alaska guide pilots as de 
     facto Part 135 operators.


         152. National Transportation Data Center of Excellence

     House Bill
       Section 738: Makes funds available from TEA 21 to 
     establish, at a closed or realigned army depot, a facility to 
     serve as a satellite data repository and to analyze 
     transportation data collected by government and industry.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 733: House.


               153. Foreign repair station advisory panel

     House Bill
       Section 726: Panel established by DOT.
       12 members as follows: 3 from the unions; 1 from cargo 
     airlines; 1 from passenger airlines; 1 from aircraft repair 
     stations; 1 manufacturers; 1 from air taxi and corporate 
     aircraft; 1 from commuters; 1 from Commerce; 1 from State; 
     and 1 from FAA.
       Requires DOT, by rule, to collect information on balance of 
     trade and safety issues from airlines and repair stations, 
     both U.S. and foreign, relating to work performed on U.S. and 
     foreign aircraft.
       Requires collection of information on drug testing at 
     foreign repair stations and encourages DOT to work with ICAO 
     to increase drug testing programs.
       Requires DOT to make any relevant non-proprietary 
     information available to the public. Terminates the panel 2 
     years after the date of enactment or December 31, 2001, 
     whichever occurs first.
     Senate Amendment
       Section 426: Panel established by FAA.
       11 members as follows: 3 from unions; 1 from cargo 
     airlines; 1 from passenger airlines; 1 from aircraft and 
     component repair stations; 1 from manufacturers; 1 from 
     industry group not mentioned above; 1 from DOT; 1 from State; 
     and 1 from FAA.
       Requires FAA, by rule, to collect information from foreign 
     repair stations to assess safety issues with respect to work 
     performed on U.S. aircraft only. FAA may require this 
     information from U.S. airlines with respect to their use of 
     U.S. repair stations.
       Requires collection of information on drug testing at 
     foreign repair stations.
       Information collected must be made public.
       The panel shall terminate after 2 years. FAA shall report 
     annually to Congress on the number of repair station 
     certificates that were revoked, suspended or not renewed in 
     previous year.
     Conference Substitute
       Section 734: House provision except FAA establishes the 
     panel. In developing its advice, the panel may consider the 
     similarities and differences in the FAA regulations for 
     initial certification and renewal of those certificates of 
     foreign and domestic repair stations, the similarities and 
     differences in FAA operating regulations of those 
     stations, a comparison of the inspection findings 
     resulting from surveillance, a comparison of the manner in 
     which FAA inspection findings are addressed and documented 
     by the certificate holders and the FAA, a comparison of 
     the number of FAA enforcement actions resulting in a final 
     order of civil penalty or certificate action, and a 
     comparison showing the extent to which maintenance 
     performed by repair facilities has been found to be the 
     probable cause or contributing factor in any accident 
     investigation performed by the NTSB. The panel should also 
     look at the ability of the FAA to adequately oversee 
     foreign repair stations.


                  154. operations of air taxi industry

     House Bill
       Section 727: Requires the FAA to study the air taxi 
     industry to increase the government and industry's 
     understanding of the size and nature of the industry with a 
     view toward using this information in the context of future 
     regulatory actions.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 735: House


                    155. National Airspace redesign

     House Bill
       Section 728: States that it is the sense of Congress that 
     the FAA should complete and begin implementing the 
     comprehensive national airspace redesign as soon as possible.
     Senate Amendment
       Section 909: FAA is required to conduct a comprehensive 
     redesign of the national airspace system, and report to the 
     authorizing committees no later than 12/31/00. Authorizes $12 
     mil FY2000-2002.
     Conference Substitute
       Section 736: Senate.


            156. Avoiding duplication of environmental work

     House Bill
       Section 729: Permits an airport to use a completed 
     environmental assessment or environmental impact study for a 
     new project at the airport if the completed assessment or 
     study was for a project that is substantially similar to the 
     new project and meets all Federal requirements for such a 
     study or assessment.

[[Page H701]]

     Senate Amendment
       Section 418: Similar provision.
     Conference Substitute
       Section 737: House


           157. FAA consideration of certain state proposals

     House Bill
       Section 731: Encourages the FAA to consider any proposal 
     with a regional consensus submitted by a State aviation 
     authority regarding the expansion of existing airport 
     facilities or the introduction of new airport facilities.
     Senate Amendment
       Section 466: AIP funds may be available for Georgia's 
     regional airport enhancement program.
     Conference Substitute
       Section 738: House.


                    158. Cincinnati Blue Ash Airport

     House Bill
       Section 732: Allows Blue Ash Airport to be sold by the city 
     of Cincinnati to the city of Blue Ash. Subsection (b) makes 
     the revenue diversion restrictions inapplicable to this 
     transaction.
     Senate Amendment
       Section 441: Similar provision, but does not allow for any 
     revenue diversion.
     Conference Substitute
       Section 739: House but make subsection (b) discretionary 
     with FAA. The Managers have accepted a House provision 
     allowing for the sale of Cincinnati-municipal Blue Ash 
     Airport to the City of Blue Ash, Ohio, in advance of the 
     expiration of current grant assurances in 2003. Blue Ash 
     Airport is an important reliever airport to Lunken Field and 
     the conferees have agreed to this provision solely because it 
     will extend the current grant assurances at Blue Ash until 
     2023.
       The conferees remain concerned about the FAA's willingness 
     to enforce grant assurances. Therefore the conferees direct 
     that should the Secretary approve the sale, a Memorandum of 
     Understanding (MOU) must first be entered into between the 
     FAA and the City of Blue Ash. The MOU must be enforceable by 
     the FAA and protect the existence of the airport until at 
     least 2023. Should the City of Blue Ash receive federal 
     airport funding during this period the conferees expect 
     normal grant assurances will extend the life of the airport 
     beyond 2023.


              159. Aircraft used to respond to oil spills

     House Bill
       Section 733: Allows the Defense Department to sell aircraft 
     for use in responding to oil spills.
     Senate Amendment
       Section 425: Allows the Defense Department to sell excess 
     aircraft for use in responding to oil spills. Aircraft can be 
     used for secondary purposes as long a they don't interfere 
     with oil spill response. DOT certifies to DOD that recipient 
     is capable of participating in an oil spill responsive plan 
     that has been approved by the Secretary of the Department in 
     which the Coast Guard is operating.
     Conference Substitute
       Section 740: Senate except makes clear that if secondary 
     purposes for which the aircraft will be used would require a 
     certificate from the FAA, such a certificate must be obtained 
     before the aircraft can be used for those secondary purposes.


 160. Discrimination against computer reservation systems outside the 
                                  U.S.

     House Bill
       Section 734: Allows the secretary of transportation to take 
     action to prevent a foreign country from discriminating 
     against U.S. computer reservation systems.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 741: House.


                    161. Specialty Metals Consortium

     House Bill
       No provision.
     Senate Amendment
       Section 442: Authorizes FAA to work with domestic metal 
     producers and engine manufacturers to improve the quality of 
     engine materials.
     Conference Substitute
       Section 742: Senate. This section would allow the FAA to 
     work with a proven consortium of domestic metal producers and 
     aircraft engine manufacturers to improve the quality of 
     turbine engine materials. Improving the ability of these 
     materials to withstand stress and high temperature will lead 
     to fewer air carrier accidents and improved air safety.


                162. international flight crew licensing

     House Bill
       No provision.
     Senate Amendment
       Section 451: Requires FAA to implement a bilateral aviation 
     safety agreement for conversion of flight crew licenses 
     between U.S. and JAA member governments. Attempts to address 
     a rule promulgated by JAA that makes conversion of U.S. 
     licenses to JAA licenses difficult.
     Conference Substitute
       No provision.


                 163. noise study at sky harbor airport

     House Bill
       Section 741: Directs FAA to study the effect on noise 
     contours of the new flight patterns at Phoenix and report 
     within 90 days on measures to mitigate noise. Report shall be 
     available to the public.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 746: House.


                         164. Helicopter noise

     House Bill
       Section 742: Directs DOT to study the effects of noise by 
     non-military helicopters and develop recommendations for 
     reducing noise. Helicopter industry and public views must be 
     considered and a report filed in 1 year.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 747: House but limit the study to densely populated 
     areas, such as New York or Los Angeles, in the 48 states. The 
     study should focus on air traffic control procedures rather 
     than new aircraft technology to address the noise problem and 
     should take into account the needs of law enforcement.


                      165. newport news, virginia

     House Bill
       Section 723: The airport shall be released from certain 
     deed restrictions subject to standard conditions imposed in 
     other cases.
     Senate Amendment
       No provision.
     Conference Substitute
       Section 748: House but change ``shall'' to ``may''.


                       166. oklahoma deed waiver

     House Bill
       No provision.
     Senate Amendment
       Section 445: Allows FAA to waive restrictive terms in a 
     deed of conveyance so that an Oklahoma university may make 
     use of revenues derived from certain airport land only for 
     weather-related and educational purposes that include 
     benefits for aviation.
     Conference Substitute
       Section 751: Senate but require that if the land is sold 
     the airport must receive fair market value for it and that 
     the money should be applied in the first instance to the 
     airport and, if funds remain available, to weather-related 
     and educational purposes that primarily benefit aviation.


                         167. grant parish (la)

     House Bill
       No provision.
     Senate Amendment
       Section 452: Permits U.S. to release any restrictions on 
     land at the former Pollock Army Airfield (LA), provided the 
     U.S. has access to or use of the lands in the event of 
     national emergency. Clarifies that mineral rights will not be 
     disturbed in any event.
     Conference Substitute
       Section 752: Senate but require that if the land is sold, 
     fair market value must be received for the land and any money 
     so received must be used for airport purposes. Drop reference 
     to mineral rights.


                      168. raleigh county (w.va.)

     House Bill
       No provision.
     Senate Amendment
       Section 449: Allows DOT to release from any terms and 
     conditions in grant agreements for the development or 
     improvement of Raleigh County Memorial Airport (W. Va.), if 
     land not needed for airport purposes.
     Conference Substitute
       Section 753: Senate but require any amount received from a 
     sale to be used for airport purposes.


                   169. faa study of breathing hoods

     House Bill
       No provision.
     Senate Amendment
       Section 432: FAA shall study whether smoke hoods currently 
     available to flight crews are adequate and report the results 
     within 120 days.
     Conference Substitute
       No provision.


170. Study of alternative power sources for flight data & cockpit voice 
                               recorders

     House Bill
       No provision.
     Senate Amendment
       Section 433: FAA shall report on the need for alternative 
     power sources for FDRs and CVRs within 120 days. If NTSB 
     issues recommendations on this subject soon, FAA shall report 
     to Congress the FAA's comments on the NTSB's recommendations 
     rather than conducting a separate study.
     Conference Substitute
       Section 755: Senate.


                              171. TARDIS

     House Bill
       No provision.
     Senate Amendment
       Section 447: Requires the FAA to develop a national policy 
     and procedures regarding the Terminal Automated Radar Display 
     and Information System and sequencing for VFR ATC towers. 
     TARDIS is an uncertified radar display system in use by 
     controllers at 7 small facilities.

[[Page H702]]

     Conference Substitute
       Section 756: Senate.


                             172. 16G Seats

     House Bill
       No provision.
     Senate Amendment
       Section 448: Requires FAA, in consultation with DOT IG, to 
     conduct a cost-benefit analysis prior to issuing a final rule 
     on its decade-old proposal to retrofit aircraft with 16G 
     seats.
     Conference Substitute
       Section 757: Modified Senate provision. FAA shall form a 
     working group to make recommendations on ways to reduce the 
     cost and time of certifying aircraft seats and restraints.


                173. Sense of Senate, Northern Delaware

     House Bill
       No provision.
     Senate Amendment
       Section 458: Sense of Senate that DOT should include 
     northern Delaware in any Part 150 study for Philadelphia 
     International Airport, that DOT should study moving the 
     approach causeway for the Philadelphia airport from 
     Brandywine Hundred to the Delaware River and that DOT should 
     study increasing the standard altitude over the Brandywine 
     Intercept from 3,000 to 4,000 feet.
     Conference Substitute
       Section 758: Senate.


                              174. Tourism

     House Bill
       No provision.
     Senate Amendment
       Section 422: Establishes a task force for international 
     visitor assistance. Requires the Secretary of Commerce to 
     complete a satellite system of accounting for the travel and 
     tourism industry. Authorizes funding for tourism promotional 
     activities. Requires annual report to Congress.
     Conference Substitute
       No provision.


                      175. Cabin Air Quality Study

     House Bill
       No provision.
     Senate Amendment
       Section 459: Requires DOT to study sources of air supply 
     contaminants of aircraft and air carriers to develop 
     alternatives to replace engine and auxiliary power unit bleed 
     air as a source of air supply.
     Conference Substitute
       Section 725: Requires FAA to contract with the National 
     Academy of Sciences for an independent study of the air 
     quality in passenger cabins. The study should identify 
     contaminants in aircraft air, the toxicological and health 
     effects, if any, if these contaminants, and how these 
     contaminants enter the aircraft. The study should also 
     compare the levels of these contaminants in the passenger 
     cabin to such levels in a public building. This comparison 
     should be done by measuring the air during actual commercial 
     flights. If a problem is found, the study should develop 
     recommendations for improving cabin air quality. This should 
     include an assessment of whether health problems would be 
     reduced by the replacement of recycled air with fresh air.


                     176. National Park Overflights

     House Bill
       Title VIII: Requires commercial air tour operators to 
     conduct air tour operations over a National Park or tribal 
     lands within or abutting a National Park in accordance with 
     an approved air tour management plan (ATMP). Prior to 
     commencing air tour operations over a National Park, a 
     commercial air tour operator must apply to the Administrator 
     of the FAA for authority to conduct operations over the park. 
     The Administrator of the FAA would prescribe operating 
     conditions and limitations for each commercial air tour 
     operator, and in cooperation with the Director of the 
     National Park Service (NPS), develop an ATMP.
     Senate Amendment
       Title VI: Similar provision.
     Conference substitute
       Title VIII: Commercial air tour operators must conduct 
     commercial air tours over national parks or tribal lands in 
     accordance with applicable air tour management plans (ATMP). 
     Before beginning air tours over a National Park or tribal 
     land, a commercial air tour operator must apply to the FAA 
     for authority to conduct the tours. No applications shall be 
     approved until an ATMP is developed and implemented. FAA 
     shall make every effort to act on an application within 24 
     months of receiving it. Priority shall be given to 
     applications from new entrant air tour operators. Air tours 
     may be conducted at a park without an ATMP if the tour 
     operator secures a letter of agreement from the FAA and the 
     park involved and the total number of flights is limited to 5 
     flights in any 30-day period. If the ATMP limits the number 
     of air tour flights over a park, FAA, in cooperation with the 
     Park Service, shall develop an open competitive process for 
     choosing among various air tour firms. In making a selection, 
     the firms' safety record, experience, financial capability, 
     pilot training programs, responsiveness to Park Service 
     needs, and use of quiet aircraft shall be taken into account.
       FAA, in cooperation with the Park Service, shall establish 
     an air tour management plan (ATMP) for any park at which 
     someone wants to provide commercial air tours. The ATMP shall 
     be developed with public participation. It could ban air 
     tours or establish restrictions on them. It will apply within 
     a half a mile outside the boundary of the park. The plan 
     should include incentives for using quiet aircraft. Prior to 
     the establishment of an ATMP, the FAA shall grant interim 
     operating authority to operators that are providing air 
     tours. This interim authority may limit the number of 
     flights. Interim operating authority may also be granted for 
     new entrants if (1) it is needed to ensure competition in the 
     provision of air tours over the park and (2) 24 months have 
     passed since enactment of this Act and no ATMP has been 
     developed for the park involved. Interim operating authority 
     should not be granted to new entrants if it will create a 
     safety or a noise problem.
       The above shall not apply to the Grand Canyon, tribal lands 
     abutting the Grand Canyon, or to flights over Lake Mead that 
     are on the way to the Grand Canyon.
       FAA shall establish standards for quiet aircraft within 1 
     year or explain to Congress why it will be unable to do so. 
     Quiet aircraft may get special routes for Grand Canyon air 
     tours and may not be subject to the cap on the number of 
     flights there.
       Air tours over the Rocky Mountain National Park are 
     prohibited. Reports are required on the effect of overflight 
     fees on the air tour industry and on the effectiveness of 
     this title in providing incentives for the development and 
     use of quiet aircraft.
       This provision is not intended to interfere with FAA's sole 
     jurisdiction over airspace.
       Except for section 808, dealing with methodologies used to 
     assess air tour noise, this title does not apply to Alaska.


               177. Research, Engineering and Development

     House Bill
       No provision. However, on September 15, 1999, the House 
     passed related legislation (H.R. 1551, House report 106-223). 
     Of the amounts authorized for Airport Technology Projects and 
     activities in FY 2000, the House Science Committee intends 
     that at least $1,500,000 shall be for obligation for grants 
     or cooperative agreements awarded through a competitive, 
     merit-based process to carry out research on innovative 
     methods of using concrete in the design, construction, 
     rehabilitation, and repair of rigid airport improvements. To 
     the extent practicable, the Administrator shall consider 
     awards to universities, and non-profit concrete pavement 
     research foundations that would ensure industry 
     participation. Of the amounts authorized to be appropriated 
     for the Airport Technology Projects and activities in FY 
     2001, the Committee intends that at least $2,000,000 shall be 
     for this purpose. The Committee recognizes that taxpayers 
     spend $2 billion a year on runway pavements construction and 
     maintenance. Investing today in research to develop longer-
     lasting and more reliable runways has the potential to save 
     millions of dollars later.
     Senate Amendment
       Title XIII: Authorizes $240 million for FY 00, $250 mil for 
     FY 01, and $260 million for FY 02. Encourages cooperation, 
     nonduplication and integrated planning. Requires FAA and NASA 
     by 3/1/00 to submit an integrated civil aviation research and 
     development plan. The abstracts related to research grants 
     will be published on the FAA home page. Research on life of 
     aircraft to include nonstructural aircraft systems. Requires 
     FAA to develop and transmit a plan for the continued 
     implementation of Free Flight Phase I for FY03-FY05, to 
     include budget estimates for continuing operational 
     capabilities. Sense of Senate that FAA should develop a 
     national policy to protect the frequency spectrum used for 
     GPS, and to expedite the appointment of U.S. Ambassador to 
     the World Radio Communication Conference.
     Conference Substitute
       Title IX: Combines the Senate bill and H.R. 1551. 
     Authorizes funding for fiscal years 2000, 2001, and 2002 at 
     $224 million, $237 million, and $249 million respectively.
       Of the amounts authorized for Airport Technology Projects 
     and activities, that $1,500,000 in FY 2000 and $2,000,000 in 
     FY 2001 may be for grants of cooperative agreements to carry 
     out research on innovative methods of using concrete in the 
     design, construction, rehabilitation, and repair of rigid 
     airport pavements. The Administrator shall consider awards to 
     non-profit concrete pavement research foundations that would 
     ensure industry participation.
       Winglet efficiency/wake vortex--The conferees recommend 
     that such sums as necessary be expended for research, 
     prototyping, and flight testing winglet efficiency/wake 
     vortex technology, which reduces fuel consumption and reduces 
     the severity of wake vortex creation potential allowing more 
     efficient spacing of aircraft. The Managers also direct FAA 
     to work in consultation with NASA on this research.
       High Speed Technologies. The Managers have been made aware 
     of high-speed technologies that are being developed that 
     could provide expedited delivery of goods. Such technologies 
     have other capabilities. The Managers direct the 
     Administrator to report, by letter, on FAA actions to 
     facilitate the use of such technologies within low-orbit and 
     traditional air traffic procedures.

[[Page H703]]

                             178. Tax title

     Present Law
       The present-law Airport and Airway Trust Fund provisions in 
     the Internal Revenue code (the ``Code'') authorize 
     expenditures from the Trust Fund through September 30, 1998, 
     for the purposes provided in specified previously enacted 
     authorization Acts (sec. 9502). Permitted expenditure 
     purposes under these Acts are those as in effect on the date 
     of enactment of the Federal Aviation Reauthorization Act of 
     1996.
     House Bill
       The House bill includes provisions expanding Airport and 
     Airway Trust Fund expenditure purposes to include 
     expenditures provided for in (1) the House bill and (2) 
     appropriations Acts enacted after 1996 and before the House 
     bill. The House bill further includes provisions to 
     discourage future Trust Fund expenditures for purposes not 
     approved in the Code provisions.
     Senate Amendment
       No provision. However, S. 2279, as previously passed by the 
     Senate, included provisions identical to those in the House 
     bill.
     Conference Substitute
       The conference agreement includes the provisions of the 
     House bill, with modifications to conform the Airport and 
     Airway Trust Fund expenditure purposes of the conference 
     agreement.


                        179. budgetary treatment

     House Bill
       Title IX and X. Takes the aviation trust fund off budget.
     Senate Amendment
       No provision.
     Conference Substitute
       The conference includes a compromise provision.


          180. whistleblower protection for airline employees

     House Bill
       Title VI: Prohibits airlines and their contractors or 
     subcontractors from taking adverse action against an employee 
     whom provided or is about to provide (with any knowledge of 
     the employer) any safety information. Requires complaints be 
     filed within 180 days. Establishes procedures to protect 
     whistleblowers. Provides $5,000 penalty for an employee that 
     files a frivolous complaint. Defines contractor. Establishes 
     civil penalties for violations.
     Senate Amendment
       Section 419: Prohibits airlines and their contractors from 
     taking adverse action against an employee whom provided or is 
     about to provide any safety information. Requires complaints 
     be filed at DOL within 90 days. Establishes procedures to 
     protect whistleblowers. Defines contractor. Establishes civil 
     penalties for violations. Frivolous complaints are governed 
     by Rule 11 of the Federal Rules of Civil Procedure.
     Conference Substitute
       House provision but reduce the penalty for frivolous 
     complaints to $1,000.


                  181. centennial of flight commission

     House Bill
       Section 720: Makes technical changes to legislation passed 
     last year (P.L. 105-389) establishing a Commission to help 
     celebrate the 100th anniversary of the Wright Brothers first 
     flight.
     Senate Amendment
       No provision.
     Conference Substitute
       No provision. Addressed in Public Law 106-68.


                182. allocation of trust fund spending.

     House bill
       No provision.
     Senate Amendment
       Section 428: Treasury shall annually report to DOT on the 
     aviation taxes collected in each State and DOT shall annually 
     report to Congress the State dollar contribution to the 
     Aviation Trust Fund and the amount of AIP funds that were 
     made available by State.
     Conference Substitute
       No provision.


           183. sense of the senate on airport property taxes

     House Bill
       No provision.
     Senate Amendment
       Section 423: Senate of the Senate that property taxes be 
     assessed fairly and a specific tax in Oregon should be 
     repealed.
     Conference Substitute
       No provision.


              184. monroe regional airport land conveyance

     House Bill
       Section 739: Waives deed restrictions to permit Monroe to 
     sell airport land as long as the city receives fair market 
     value for the land and the amount it receives is used for 
     airport purposes or for investment in an industrial park that 
     will pay more rent as a result of that investment.
     Senate Amendment
       Section 440: Authorizes DOT to waive deed restrictions to 
     permit Monroe to sell airport land as long as the city 
     receives fair market value for the land and the amount it 
     receives is used for airport purposes or for investment in an 
     industrial park that will pay more rent as a result of that 
     investment.
     Conference Substitute
       No provision.


               185. automated weather forecasting system

     House Bill
       Section 740: Directs FAA to contract with the National 
     Academy of Sciences to study the effectiveness of automated 
     weather forecasting services at flight service stations that 
     do not have human weather observers. Report required in 1 
     year.
     Senate Amendment
       No provision.
     Conference Substitute
       No provision.


                186. bankruptcy, rolling stock equipment

     House Bill
       No Provision.
     Senate Amendment
       Section 439: Amends Sec. 1110 of the Bankruptcy Code to 
     clarify its operation and remove the ambiguity created by 
     recent federal court decisions in the Western Pacific 
     bankruptcy case. Because of this litigation, uncertainty 
     exists in the international financial community regarding 
     whether Sec. 1110 effectively protects both lessors and 
     lenders in connection with bankruptcy adjudication.
     Conference Substitute
       Senate.


                           187. coordination

     House Bill
       No provision.
     Senate Amendment
       Section 101(b): The authority granted the Secretary under 
     section 41720 does not affect the Secretary's authority under 
     any other provision of law.
     Senate Amendment
       Section 231: Senate.


                         188. reliever airports

     House Bill
       No provision.
     Senate Amendment
       Section 205(e): Changes definition of public-use airport to 
     make privately owned reliever airports ineligible for grants 
     if they did not receive an AIP grant before 1997, and the FAA 
     has issued revised administration guidance for the 
     designation of reliever airports.
     Conference Substitute
       No provision.

                        MISCELLANEOUS PROVISIONS

       Security. The Managers believe that vigilance must be 
     constantly maintained in the civil aviation security program. 
     An indispensable element of that program is the employment 
     history verification requirement that 14 C.F.R. sections 
     107.31 and 108.33 impose on those persons seeking unescorted 
     access to any secured area of U.S. airports. Airport 
     operators and air carriers are responsible for conducting or 
     making sure not only that their employees are subject to such 
     verifications but also that tenant and contractor employees 
     undergo the same employment history scrutiny.
       The Managers understand that the Federal Aviation 
     Administration is developing audit procedures to determine 
     compliance with the verification requirement. Members of the 
     aviation community, including airport operators and airlines, 
     are submitting comments responding that proposal. The 
     Committee urges the FAA to complete promptly a workable audit 
     program that appropriately reflects input from affected 
     members of the aviation community. The FAA is currently 
     conducting a fingerprint background check pilot program. If 
     this proves successful, the FAA should consider expanding the 
     program to Category X airports.
       The Southern California Region Airspace Utilization. The 
     conferees urge the FAA to study airspace utilization in the 
     southern California region as part of the National Airspace 
     Redesign. This study will help the region to determine how to 
     handle increasing demands for cargo and passenger air service 
     and effectively address future transportation issues.
       Broadcasting series. An effective, efficient, and safe 
     aviation system improves American's quality of life and 
     strengthens our Nation's ability to compete in the global 
     economy. It is important that the public understands the 
     vital role that aviation plays in our Nation's advancement. 
     The conferees strongly encourage that funds authorized for 
     FAA Operations be made available to fund a public service 
     series on the changing face of aviation in the 21st century. 
     The series should highlight technological and programmatic 
     advances in aviation safety and operations.
       Feasibility study. The Managers direct the FAA to proceed 
     with the planned study for the Louisiana Airport Authority 
     outlined in the FAA December 7, 1999 memo. This study should 
     include the feasibility of an intermodal facility, take into 
     account existing aviation assets, and, if feasible, work with 
     the appropriate management.
       Cargo. Air cargo is growing faster than any other aviation 
     industry, approximately 6.6% per year. With this type of 
     growth, the conferees recognize the need to evaluate the air 
     cargo distribution process. We urge DOT to conduct an 
     intermodal study of the air cargo supply chain to identify 
     system weakness and potential efficiencies to ensure the U.S. 
     air cargo system can meet the needs of air freight in the 
     21st century.

[[Page H704]]

     Bud Shuster,
     Don Young,
     Thomas E. Petri,
     John J. Duncan, Jr.,
     Thomas W. Ewing,
     Stephen Horn,
     Jack Quinn,
     Vernon J. Ehlers,
     Charles F. Bass,
     Edward A. Pease,
     John E. Sweeney,
     James L. Oberstar,
     Nick Rahall,
     William O. Lipinski,
     Peter DeFazio,
     Jerry F. Costello,
     Pat Danner,
     Eddie Bernice Johnson,
     Juanita Millender-McDonald,
     From the Committee on Ways and Means, for consideration of 
     title XI of the House bill, and modifications committed to 
     conference:
     Bill Archer,
     Phil Crane,
     Charles B. Rangel,
     From the Committee on Science, for consideration of title 
     XIII of the Senate amendment, and modifications committed to 
     conference:
     Connie Morella,
     Ralph M. Hall,
                                Managers on the Part of the House.
     From the Committee on Commerce, Science, and Transportation:
     Ted Stevens,
     Conrad Burns,
     Slade Gorton,
     Trent Lott,
     Fritz Hollings,
     Daniel K. Inouye,
     John D. Rockefeller IV,
     John F. Kerry,
     From the Committee on the Budget:
     Pete V. Domenici,
     Chuck Grassley,
     Don Nickles,
     Kent Conrad,
     Managers on the Part of the Senate.

                          ____________________