[Congressional Record (Bound Edition), Volume 145 (1999), Part 16]
[Senate]
[Pages 23574-23579]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mr. BIDEN (for himself and Mr. Kerry):
  S. 1679. A bill to amend the Internal Revenue Code of 1986 to 
implement enforcement of the Women's Health and Cancer Rights Act of 
1988; to the Committee on Finance.


            Breast Reconstruction Implementation Act of 1999

 Mr. BIDEN. Mr. President, I am pleased to introduce the Breast 
Reconstruction Implementation Act of 1999. This bill amends the 
Internal Revenue Code to require that all health plans provide coverage 
for breast reconstruction surgery after a woman has had a mastectomy 
for breast cancer.
  Breast cancer is a frightening disease for women. It is common: a 
very high percentage of women who live long enough will eventually 
develop the disease. It is insidious: it can remain asymptomatic for 
many years before it is discovered. It is stealthy: it can recur many 
years after it has been thought to be cured. It is devastating: 
surgical treatment can be not only physically mutilating but 
psychologically devastating to a woman's sense of femininity and self-
esteem. And it is everywhere: there is hardly anyone in this country 
who does not have a close friend or loved one who has been through an 
experience with breast cancer.

[[Page 23575]]

  Fortunately, there has been tremendous progress in the treatment of 
breast cancer, and many women can now be cured. However, as these 
breast cancer survivors attempt to resume their normal lives after 
their treatment, they can still be impacted by the physical damage that 
follows mastectomy. Breast reconstruction surgery after mastectomy is 
thus a key part of restoring the breast cancer patient back to a 
satisfying and fulfilling life; it is not simply a cosmetic procedure 
to satisfy one's vanity.
  In recognition of the importance of breast reconstruction after 
mastectomy, last year the Senate passed the Women's Health and Cancer 
Rights Act as part of the Omnibus Appropriations Bill. This 
legislation, which was signed into law by the President, amended the 
Public Health Service Act and the Employee Retirement Income Security 
Act to require that health plans provide coverage for breast 
reconstruction after mastectomy. This coverage also includes surgery on 
the unoperated breast, if necessary, as well as the cost of breast 
prostheses and repair to physical complications following mastectomy 
(e.g. lymphedema or arm swelling).
  However, if we don't pass further legislation, the enforcement 
mechanisms available to the Department of Labor to ensure that health 
plans comply with the breast reconstruction requirement are generally 
limited to requesting a court to issue an injunction. The Breast 
Reconstruction Implementation Act will incorporate the breast 
reconstruction requirement into the Internal Revenue Code in order to 
enable civil monetary penalties to be imposed on violators of the law. 
Passage of this bill would continue the precedent established by all 
previous mandates on health plans (those in the Health Insurance 
Portability and Accountability Act, the Newborns' and Mothers' Health 
Protection Act, and the Mental Health Parity Act), which were 
incorporated into all three statutes: Public Health Service Act, 
Employee Retirement Income Security Act, and the Internal Revenue Code.
  Mr. President, I encourage my colleagues to finish the work that we 
began last year to ensure that women can be fully restored to health 
after fighting breast cancer, and I urge them to support the Breast 
Reconstruction Implementation Act of 1999 that I am introducing 
today.
                                 ______
                                 
      By Mr. ASHCROFT (for himself and Mr. Feingold):
  S. 1680. A bill to provide for the improvement of the processing of 
claims for veterans compensation and pensions, and for other purposes; 
to the Committee on Veterans Affairs.


        veterans benefits administration improvement act of 1999

  Mr. ASHCROFT. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1680

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Benefits 
     Administration Improvement Act of 1999''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The Veterans Benefits Administration of the Department 
     of Veterans Affairs is responsible for the timely and 
     accurate processing of claims for veterans compensation and 
     pension.
       (2) The accuracy of claims processing within the Veterans 
     Benefits Administration has been a subject of concern to 
     Congress and the Department of Veterans Affairs.
       (3) While the Veterans Benefits Administration has reported 
     in the past a 95 percent accuracy rate in processing claims, 
     a new accuracy measurement system known as the Systematic 
     Technical Accuracy Review found that, in 1998, initial review 
     of veterans claims was accurate only 64 percent of the time.
       (4) The Veterans Benefits Administration could lose up to 
     30 percent of its workforce to retirement by 2003, making 
     adequate training for claims adjudicators even more necessary 
     to ensure veterans claims are processed efficiently.
       (5) The Veterans Benefits Administration needs to take more 
     aggressive steps to ensure that veterans claims are processed 
     in an accurate and timely fashion to avoid unnecessary delays 
     in providing veterans with compensation and pension benefits.

     SEC. 3. IMPROVEMENT OF PROCESSING OF VETERANS BENEFITS 
                   CLAIMS.

       (a) Plan Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to the Committees on Veterans' Affairs 
     of the Senate and the House of Representatives, the Majority 
     Leader of the Senate, and the Speaker of the House of 
     Representatives a comprehensive plan for the improvement of 
     the processing of claims for veterans compensation and 
     pension.
       (b) Elements.--The plan under subsection (a) shall include 
     the following:
       (1) Mechanisms for the improvement of training of claims 
     adjudicators and for the enhancement of employee 
     accountability standards in order to ensure that initial 
     reviews of claims are accurate and that unnecessary appeals 
     of benefit decisions and delays in benefit payments are 
     avoided.
       (2) Mechanisms for strengthening the ability of the 
     Veterans Benefits Administration of the Department of 
     Veterans Affairs to identify recurring errors in claims 
     adjudications by improving data collection and management 
     relating to--
       (A) the human body and the impairments common in disability 
     and pension claims; and
       (B) recurring deficiencies in medical evidence and 
     examinations.
       (3) Mechanisms for implementing a system for reviewing 
     claims-processing accuracy that meets the Government's 
     internal control standard on separation of duties and the 
     program performance audit standard on organizational 
     independence.
       (4) Quantifiable goals for each of the mechanisms developed 
     under paragraphs (1) through (3).
       (c) Consultation.--In developing the plan under subsection 
     (a), the Secretary shall consult with and obtain the views of 
     veterans organizations and other interested parties.
       (d) Implementation.--The Secretary shall implement the plan 
     under subsection (a) commencing 60 days after the date of the 
     submittal of the plan under that subsection.
       (e) Modification.--(1) The Secretary may modify the plan 
     submitted under subsection (a).
       (2) Any modification under paragraph (1) shall not take 
     effect until 30 days after the date on which the Secretary 
     submits to the Committees on Veterans' Affairs of the Senate 
     and the House of Representatives, the Majority Leader of the 
     Senate, and the Speaker of the House of Representatives a 
     notice regarding such modification.
       (f) Reports.--Not later than January 1, 2000, and every 6 
     months thereafter, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the Senate and the House 
     of Representatives, the Majority Leader of the Senate, and 
     the Speaker of the House of Representatives a report 
     assessing implementation of the plan under subsection (a) 
     during the preceding 6 months, including an assessment of 
     whether the goals set forth under subsection (b)(4) are being 
     achieved.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself and Mr. Gorton):
  S. 1682. A bill to amend title 49, United States Code, to authorize 
management reforms of the Federal Aviation Administration, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.


             air traffic management improvement act of 1999

  Mr. ROCKEFELLER. Mr. President, 2 weeks ago I came to the Senate 
floor to talk with my colleagues in the Congress about the troubled 
state of our nation's air traffic control system. After a long summer 
of dramatically increased congestion in the skies and delays on the 
ground, I implored my colleagues to join me in putting a new and 
renewed emphasis on aviation, and to commit ourselves to modernizing, 
reforming, and, if need be, restructuring our air traffic system in 
order to meet surging travel demands in the new millennium.
  Today I am pleased to join with Senator Gorton in offering my 
colleagues a first step in that process by introducing the Air Traffic 
Management Improvement Act of 1999--a modest but meaningful bill that 
would improve current management and operation of the system, without 
prejudging the ongoing and important debate about whether and how to 
more fundamentally restructure the air traffic over the long term.
  The Air Traffic Management Improvement Act of 1999 is focused in two 
key areas--the first being internal FAA management reforms and the 
second being modernizing of the nuts and bolts of the system itself.

[[Page 23576]]

  With respect to management reforms, this bill would create a new air 
traffic control oversight committee, as a subcommittee of the FAA's 
Management Advisory Committee, and a new Chief Operating Officer (COO) 
position, with central responsibility for running and modernizing air 
traffic control services, developing and implementing strategic and 
operational plans, and putting together a budget for air traffic 
services. For both the COO and the FAA Administrator, the bill would 
authorize performance bonuses in order to allow us to attract and 
retain the highest caliber leadership possible for running this 
essential national system.
  The bill also makes clear that the Administrator should use her full 
authority to make organizational changes to improve the efficiency of 
the system, without compromising the FAA's primary safety mission, and 
asks the Administrator to report on and provide milestones for the 
agency's new cost allocation system.
  With respect to air traffic modernization, the bill calls for a 
comprehensive review and redesign of our airspace nationwide, based on 
input from the aviation community, and provides the resources necessary 
to get the job done in a timely fashion. The bill also includes an 
emergency authorization of up to $100 million to speed up the purchase 
and fielding of modernization equipment and technologies that could 
have made a difference in the gridlock of this past summer but have 
been held up by inadequate funding.
  Finally, the bill would set up an innovative pilot program to 
facilitate public-private joint ventures for the purchase of air 
traffic control equipment. It would create a not-for-profit Air Traffic 
Modernization Association with a three-member executive panel 
representing the FAA, commercial air carriers, and primary airports. 
Ten projects for modernization equipment would be selected from among 
applications made by airlines and airports, or a consortium of 
interested parties, who are willing to share financial responsibility 
for FAA-approved modernization equipment--and who can't and don't want 
to wait for the congressional budget process to catch up with air 
traffic demands. In effect, the Association would leverage a relatively 
small amount of FAA seed money to more quickly procure and field ATC 
modernization equipment through leasing and bond arrangements. The 
pilot program allows for up to $50 million in FAA funding per project, 
with a total cap of $500 million. It also allows a sponsoring airport 
to use a portion of a passenger facility charge to meet their 
commitment and provides incentives for airport participation.
  In closing, I want to say how thankful I am for the good and sound 
leadership of my friend and colleague Senator Gorton and of FAA 
Administrator Garvey and the outstanding FAA employees who work with 
her and whose expertise, ideas, and technical assistance are reflected 
in this bill. To my mind the problems of the current system are shared 
problems--we all bear some responsibility for them and we all need to 
step up to the plate to do something to fix them. The FAA does a very 
commendable job with an incomprehensibly difficult task--and they have 
a terrific safety record to show for it. But the current system isn't 
working as well as it could or should, and we can't wait to do 
something about it.
  My goal in the Air Traffic Management Improvement Act of 1999 is to 
give the FAA additional tools to get the job done in today's more 
challenging aviation environment--and to give the Congress and the 
country some time to consider in a very deliberate and careful way some 
of the proposals for more far-reaching change.
  It is our intention to offer this bill as an amendment to the FAA and 
AIP reauthorization bill, S. 82, when it comes to the Floor in the near 
future. I look forward to talking more about the details and great 
potential of these modest reforms at that time. I hope my colleagues 
will join me in working to improve our air traffic system for the 
benefit of the traveling public and of the national economy.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1682

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Air Traffic Management 
     Improvement Act of 1999''.

     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. DEFINITIONS

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Transportation.

     SEC. 4. FINDINGS.

       The Congress makes the following findings:
       (1) The nation's air transportation system is projected to 
     grow by 3.4 percent per year over the next 12 years.
       (2) Passenger enplanements are expected to rise to more 
     than 1 billion by 2009, from the current level of 660 
     million.
       (3) The aviation industry is one of our Nation's critical 
     industries, providing a means of travel to people throughout 
     the world, and a means of moving cargo around the globe.
       (4) The ability of all sectors of American society, urban 
     and rural, to access, and to compete effectively in the new 
     and dynamic global economy requires the ability of the 
     aviation industry to serve all the Nation's communities 
     effectively and efficiently.
       (5) The Federal government's role is to promote a safe and 
     efficient national air transportation system through the 
     management of the air traffic control system and through 
     effective and sufficient investment in aviation 
     infrastructure, including the Nation's airports.
       (6) Numerous studies and reports, including the National 
     Civil Aviation Review Commission, have concluded that the 
     projected expansion of air service may be constrained by 
     gridlock in our Nation's airways, unless substantial 
     management reforms are initiated for the Federal Aviation 
     Administration.
       (7) The Federal Aviation Administration is responsible for 
     safely and efficiently managing the National Airspace System 
     365 days a year, 24 hours a day.
       (8) The Federal Aviation Administration's ability to 
     efficiently manage the air traffic system in the United 
     States is restricted by antiquated air traffic control 
     equipment.
       (9) The Congress has previously recognized that the 
     Administrator needs relief from the Federal government's 
     cumbersome personnel and procurement laws and regulations to 
     take advantage of emerging technologies and to hire and 
     retain effective managers.
       (10) The ability of the Administrator to achieve greater 
     efficiencies in the management of the air traffic control 
     system requires additional management reforms, such as the 
     ability to offer incentive pay for excellence in the employee 
     workforce.
       (11) The ability of the Administrator to effectively manage 
     finances is dependent in part on the Federal Aviation 
     Administration's ability to enter into long-term debt and 
     lease financing of facilities and equipment, which in turn 
     are dependent on sustained sound audits and implementation of 
     a cost management program.
       (12) The Administrator should use the full authority of the 
     Federal Aviation Administration to make organizational 
     changes to improve the efficiency of the air traffic control 
     system, without compromising the Federal Aviation 
     Administration's primary mission of protecting the safety of 
     the travelling public.

     SEC. 5. AIR TRAFFIC CONTROL SYSTEM DEFINED.

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

     SEC. 6. CHIEF OPERATING OFFICER FOR AIR TRAFFIC SERVICES.

       (a) Section 106 is amended by adding at the end the 
     following:

[[Page 23577]]

       `(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, after consultation with the 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) Compensation.--
       ``(i) The Chief Operating Officer shall be paid at an 
     annual rate of basic pay not to exceed that of the 
     Administrator, including any applicable locality-based 
     payment. This basic rate of pay shall subject the chief 
     operating officer 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.
       ``(ii) In addition to the annual rate of basic pay 
     authorized by paragraph (1) of this subsection, the Chief 
     Operating Officer may receive a bonus not to exceed 50 
     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 in subsection (b) of this 
     section. A bonus may not cause the chief Operating Officer's 
     total aggregate compensation in a calendar year to equal or 
     exceed the amount of the President's salary under section 102 
     of title 3, United States Code.
       ``(2) Annual performance agreement.--The Administrator and 
     the Chief Operating Officer shall enter into an annual 
     performance agreement that sets forth measurable organization 
     and individual goals for the Chief Operating Officer in key 
     operational areas. The agreement shall be subject to review 
     and renegotiation on an annual basis.
       ``(3) Annual performance report.--The Chief Operating 
     Officer shall prepare and submit to the Secretary of 
     Transportation and Congress an annual management report 
     containing such information as may be prescribed by the 
     Secretary.''.
       ``(4) Responsibilities.--The Administrator may delegate to 
     the Chief Operating Officer, or any other authority within 
     the Federal Aviation Administration responsibilities, 
     including, but not limited to the following:
       ``(A) Strategic plans.--To develop a strategic plan of the 
     Federal Aviation 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 Federal Aviation Administration to 
     accelerate air traffic control modernization and improvements 
     in aviation safety related to air traffic control.
       ``(B) Operations.--To review the operational functions of 
     the Federal Aviation 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 Federal Aviation 
     Administration related to the air traffic control system 
     prepared by the Administration;
       ``(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 paragraph 
     (4)(A) of this subsection.
       ``(5) Budget submission.--The Secretary shall submit the 
     budget request prepared under paragraph (4)(D) of this 
     subsection for any fiscal year to the President who shall 
     submit such request, without revision, to the Committees on 
     Transportation and Infrastructure and Appropriations of the 
     House of Representatives and the Committees on Commerce, 
     Science, and Transportation and Appropriations of the Senate, 
     together with the President's annual budget request for the 
     Federal Aviation Administration for such fiscal year.''.

     SEC. 7. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.

       ``(a) Membership.--Section 106(p)(2)(C) is amended to read 
     as follows:
       ``(C) 13 members representing aviation interests, appointed 
     by--
       ``(i) in the case of initial appointments to the Council, 
     the President by and with the advice and consent of the 
     Senate; and
       ``(ii) in the case of subsequent appointments to the 
     Council, the Secretary of Transportation.''.
       ``(b) Terms of Members.--Section 106(p)(6)(A)(i) is amended 
     by striking ``by the President''.
       ``(c) Air Traffic Services Subcommittee.--Section 106(p)(6) 
     is amended by adding at the end thereof the following:
       ``(E) Air traffic services subcommittee.--The Chairman of 
     the Management Advisory Council shall constitute an Air 
     Traffic Services Subcommittee to provide comments, recommend 
     modifications, and provide dissenting views to the 
     Administrator on the performance of air traffic services, 
     including--
       ``(i) the performance of the Chief Operating Officer and 
     other senior managers within the air traffic organization of 
     the Federal Aviation Administration;
       ``(ii) long-range and strategic plans for air traffic 
     services;
       ``(iii) review the Administrator's selection, evaluation, 
     and compensation of senior executives of the Federal Aviation 
     Administration who have program management responsibility 
     over significant functions of the air traffic control system;
       ``(iv) review and make recommendations to the 
     Administrator's plans for any major reorganization of the 
     Federal Aviation Administration that would effect the 
     management of the air traffic control system;
       ``(v) review, and make recommendations the Administrator's 
     cost allocation system and financial management structure and 
     technologies to help ensure efficient and cost-effective air 
     traffic control operation.
       ``(vi) review the performance and cooperation of managers 
     responsible for major acquisition projects, including the 
     ability of the managers to meet schedule and budget targets; 
     and
       ``(vii) other significant actions that the Subcommittee 
     considers appropriate and that are consistent with the 
     implementation of this Act.''.

     SEC. 8. COMPENSATION OF THE ADMINISTRATOR.

       Section 106(b) is amended--
       (1) by inserting ``(1)'' before ``The''; and
       (2) by adding at the end the following:
       ``(2) In addition to the annual rate of pay authorized for 
     the Administrator, the Administrator may receive a bonus not 
     to exceed 50 percent of the annual rate of basic pay, based 
     upon the Secretary's evaluation of the Administrator's 
     performance in relation to the performance goals set forth in 
     a performance agreement. A bonus may not cause the 
     Administrator's total aggregate compensation in a calendar 
     year to equal or exceed the amount of the President's salary 
     under section 102 of title 3, United States Code.''.

     SEC. 9. NATIONAL AIRSPACE REDESIGN.

       (a) Findings Relating to the National Airspace.--The 
     Congress makes the following additional 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 Report.--The Administrator, with advice from 
     the aviation industry and other interested parties, shall 
     conduct a comprehensive redesign of the national airspace 
     system and shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and to 
     the Committee on Transportation and Infrastructure of the 
     House 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. The report must be submitted to the Congress no 
     later than December 31, 2000. There are authorized to be 
     appropriated to the Administrator to carry out this section 
     $12,000,000 for fiscal years 2000, 2001, and 2002.

     SEC. 10. FAA COSTS AND ALLOCATIONS SYSTEM MANAGEMENT.

       (a) Report on the Cost Allocation System.--No later than 
     July 9, 2000, the Administrator shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House on the cost allocation system currently under 
     development by the Federal Aviation Administration. The 
     report shall include a specific date for completion and 
     implementation of the cost allocation system throughout the 
     agency and shall also include the timetable and plan for the 
     implementation of a cost management system.
       (b) Independent Assessment.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct the assessments described in 
     this subsection. 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 federal aviation 
     administration cost data and attributions.--
       (A) In general.--The Inspector General shall conduct an 
     assessment to ensure that

[[Page 23578]]

     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 Federal 
     Aviation Administration's definition of the services to which 
     the Federal Aviation Administration ultimately attributes its 
     costs.
       (3) Cost effectiveness.--
       (A) In general.--The Inspector General shall assess the 
     progress of the Federal Aviation Administration in cost and 
     performance management, including use of internal and 
     external benchmarking in improving the performance and 
     productivity of the Federal Aviation Administration.
       (B) Annual reports.--Not later than December 31, 2000, 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 federal aviation 
     administration financial report.--The Administrator shall 
     include in the annual financial report of the Federal 
     Aviation Administration information on the performance of the 
     Administration sufficient to permit users and others to make 
     an informed evaluation of the progress of the Administration 
     in increasing productivity.

     SEC. 11. AIR TRAFFIC MODERNIZATION PILOT PROGRAM

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

     ``Sec. 44516. Air traffic modernization joint venture pilot 
       program

       ``(a) Purpose.--It is the purpose of this section to 
     improve aviation safety and enhance mobility of the nation's 
     air transportation system by facilitating the use of joint 
     ventures and innovative financing, on a pilot program basis, 
     between the Federal Aviation Administration and industry, to 
     accelerate investment in critical air traffic control 
     facilities and equipment.
       ``(B) Definitions.--As used in this section:
       ``(1) Association.--The term `Association' means the Air 
     Traffic Modernization Association established by this 
     section.
       ``(2) Panel.--The term `panel' means the executive panel of 
     the Air Traffic Modernization Association.
       ``(3) Obligor.--The term `obligor' means a public airport, 
     an air carrier or foreign air carrier, or a consortium 
     consisting of 2 or more of such entities.
       ``(4) Eligible project.--The term `eligible project' means 
     a project relating to the nation's air traffic control system 
     that promotes safety, efficiency or mobility, and is included 
     in the Airway Capital Investment Plan required by section 
     44502, including--
       ``(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 off-shore flight 
     tracking.
       ``(5) Subtantial completion.--The term `substantial 
     completion' means the date upon which a project becomes 
     available for service.
       ``(c) Air Traffic Modernization Association.--
       ``(1) In general.--There may be established in the District 
     of Columbia a private, not for profit corporation, which 
     shall be know as the Air Traffic Modernization Association, 
     for the purpose of providing assistance to obligors through 
     arranging lease and debt financing of eligible projects.
       ``(2) Non-federal entity.--The Association shall not be an 
     agency, instrumentality or establishment of the United States 
     Government and shall not be a `wholly-owned Government 
     controlled corporation' as defined in section 9101 of title 
     31, United States Code. No action under section 1491 of title 
     28, United States Code, shall be allowable against the United 
     States based on the actions of the Association.
       ``(3) Executive panel.--
       ``(A) The Association shall be under the direction of an 
     executive panel made up of 3 members, as follows:
       ``(i) 1 member shall be an employee of the Federal Aviation 
     Administration to be appointed by the Administrator;
       ``(ii) 1 member shall be a representative of commercial air 
     carriers, to be appointed by the Management Advisory Council; 
     and
       ``(iii) 1 member shall be a representative of operators of 
     primary airports, to be appointed by the Management Advisory 
     Council
       ``(B) The panel shall elect from among its members a 
     chairman who shall serve for a term of 1 year and shall adopt 
     such bylaws, policies, and administrative provisions as are 
     necessary to the functioning of the Association.
       ``(4) Powers, duties and limitations--Consistent with sound 
     business techniques and provisions of this chapter, the 
     Association is authorized--
       ``(A) to borrow funds and enter into lease arrangements as 
     lessee with other parties relating to the financing of 
     eligible projects, provided that any public debt issuance 
     shall be rated investment grade by a nationally recognized 
     statistical rating organization;
       ``(B) to lend funds and enter into lease arrangements as 
     lessor with obligors, but--
       ``(i) the term of financing offered by the Association 
     shall not exceed the useful life of the eligible project 
     being financed, as estimated by the Administrator; and
       ``(ii) the aggregate amount of combined debt and lease 
     financing provided under this subsection for air traffic 
     control facilities and equipment--
       ``(I) may not exceed $500,000,000 per fiscal year for 
     fiscal years 2000, 2001, and 2002;
       ``(II) shall be used for not more than 10 projects; and
       ``(III) may not providing funding in excess of $50,000,000 
     for any single project; and
       ``(C) to exercise all other powers that are necessary and 
     proper to carry out the purposes of this section.
       ``(5) Project selection criteria.--In selecting eligible 
     projects from applicants to be funded under this section, the 
     Association shall consider the following criteria:
       ``(A) The eligible project's contribution to the national 
     air transportation system, as outlined in the Federal 
     Aviation Administration's modernization plan for alleviating 
     congestion, enhancing mobility, and improving safety.
       ``(B) The credit-worthiness of the revenue stream pledged 
     by the obligor.
       ``(C) The extent to which assistance by the Association 
     will enable the obligor to accelerate the date of substantial 
     completion of the project.
       ``(D) The extent of economic benefit to be derived within 
     the aviation industry, including both public and private 
     sectors.
       ``(d) Authority To Enter into Joint Venture.--
       ``(1) In general.--Subject to the conditions set forth in 
     this section, the Administrator of the Federal Aviation 
     Administration is authorized to enter into a joint venture, 
     on a pilot program basis, with Federal and non-Federal 
     entities to establish the Air Traffic Modernization 
     Association described in subsection (c) for the purpose of 
     acquiring, procuring or utilizing of air traffic facilities 
     and equipment in accordance with the Airway Capital 
     Investment Plan.
       ``(2) Cost sharing.--The Administrator is authorized to 
     make payments to the Association from amounts available under 
     section 4801(a) of this title, provided that the agency's 
     share of an annual payment for a lease or other financing 
     agreement does not exceed the direct or imputed interest 
     portion of each annual payment for an eligible project. The 
     share of the annual payment to be made by an obligor to the 
     lease or other financing agreement shall be in sufficient 
     amount to amortize the asset cost. If the obligor is an 
     airport sponsor, the sponsor may use revenue from a passenger 
     facility fee, provided that such revenue does not exceed 25 
     cents per enplaned passenger per year.
       ``(3) Project specifications.--The Administrator shall have 
     the sole authority to approve the specifications, staffing 
     requirements, and operating and maintenance plan for each 
     eligible project, taking into consideration the 
     recommendations of the Air Traffic Services Subcommittee of 
     the Management Advisory Council.
       ``(e) Incentives for Participation.--An airport sponsor 
     that enters into a lease or financial arrangement financed by 
     the Air Traffic Modernization Association may use its share 
     of the annual payment as a credit toward the non-Federal 
     matching share requirement for any funds made available to 
     the sponsor for airport development projects under chapter 
     471 of this title.
       ``(f) United States Not Obligated.--The contribution of 
     Federal funds to the Association pursuant to subsection (d) 
     of this section shall not be construed as a commitment, 
     guarantee, or obligation on the part of the United States to 
     any third party, nor shall any third party have any right 
     against the United States by virtue of the contribution. The 
     obligations of the Association do not constitute any 
     commitment, guarantee or obligation of the United States.
       ``(g) Report to Congress.--Not later than 3 years after 
     establishment of the Association, the Administrator shall 
     provide a comprehensive and detailed report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House Committee on Transportation and Infrastructure on the 
     Association's activities including--
       ``(1) an assessment of the Association's effectiveness in 
     accelerating the modernization of the air traffic control 
     system;
       ``(2) a full description of the projects financed by the 
     Association and an evaluation of the benefits to the aviation 
     community and general public of such investment; and
       ``(3) recommendations as to whether this pilot program 
     should be expanded or other strategies should be pursued to 
     improve the safety and efficiency of the nation's air 
     transportation system.
       ``(h) Authorization.--Not more than the following amounts 
     may be appropriated to the Administrator from amounts made 
     available under section 4801(a) of this title for the

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     agency's share of the organizational and administrative costs 
     for the Air Traffic Modernization Association:
       ``(1) $500,000 for fiscal year 2000;
       ``(2) $500,000 for fiscal year 2001; and
       ``(3) 500,000 for fiscal year 2002.
       ``(i) Relationship to Other Authorities.--Nothing in this 
     section is intended to limit or diminish existing authorities 
     of the Administrator to acquire, establish, improve, operate, 
     and maintain air navigation facilities and equipment.''.
       ``(b) Conforming Amendment.--
       ``(1) Section 40117(b)(1) is amended by striking 
     ``controls.'' and inserting ``controls, or to finance an 
     eligible project through the Air Traffic Modernization 
     Association in accordance with section 44516 of this 
     title.''.
       ``(2) The analysis for chapter 445 is amended by adding at 
     the end the following:

``44516. Air traffic modernization pilot program.''.

     SEC. 12. EMERGENCY AUTHORIZATION FOR AIR NAVIGATION 
                   FACILITIES AND EQUIPMENT.

       Section 48101(a) is amended--
       ``(1) by striking ``a total of the following amounts'' and 
     inserting $100,000,000 for fiscal year 2000 to fund 
     critically needed, and already developed, air traffic control 
     equipment that can be efficiently installed into the National 
     airspace to more safely and efficiently move traffic''; and
       ``(2) striking ``title:'' and all that follows and 
     inserting ``title.''.

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