[Congressional Record (Bound Edition), Volume 145 (1999), Part 16]
[Senate]
[Pages 23659-23684]
[From the U.S. Government Publishing Office, www.gpo.gov]



                   AIR TRANSPORTATION IMPROVEMENT ACT

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of the Air Transportation Improvement Act, 
which the clerk will report by title.
  The legislative clerk read as follows:

       A bill (S. 82) to authorize appropriations for the Federal 
     Aviation Administration, and for other purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Commerce, Science, and Transportation, with 
amendments; as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                 S. 82

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

     SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

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

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

                        TITLE I--AUTHORIZATIONS

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

            TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

Sec. 201. Removal of the cap on discretionary fund.
Sec. 202. Innovative use of airport grant funds.
Sec. 203. Matching share.
Sec. 204. Increase in apportionment for noise compatibility planning 
              and programs.
Sec. 205. Technical amendments.
Sec. 206. Report on efforts to implement capacity enhancements.
Sec. 207. Prioritization of discretionary projects.
Sec. 208. Public notice before grant assurance requirement waived.
Sec. 209. Definition of public aircraft.
Sec. 210. Terminal development costs.
Sec. 211. Airfield pavement conditions.
Sec. 212. Discretionary grants.

                 TITLE III--AMENDMENTS TO AVIATION LAW

Sec. 301. Severable services contracts for periods crossing fiscal 
              years.
[Sec. 302. Foreign carriers eligible for waiver under Airport Noise and 
              Capacity Act.]
Sec. 302. Limited transportation of certain aircraft.
Sec. 303. Government and industry consortia.
Sec. 304. Implementation of Article 83 Bis of the Chicago Convention.
Sec. 305. Foreign aviation services authority.
Sec. 306. Flexibility to perform criminal history record checks; 
              technical amendments to Pilot Records Improvement Act.
Sec. 307. Extension of Aviation Insurance Program.
Sec. 308. Technical corrections to civil penalty provisions.
Sec. 309. Criminal penalty for pilots operating in air transportation 
              without an airman's certificate.
Sec. 310. Nondiscriminatory interline interconnection requirements.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Oversight of FAA response to year 2000 problem.
Sec. 402. Cargo collision avoidance systems deadline.
Sec. 403. Runway safety areas; precision approach path indicators.
Sec. 404. Airplane emergency locators.
Sec. 405. Counterfeit aircraft parts.
Sec. 406. FAA may fine unruly passengers.
Sec. 407. Higher standards for handicapped access.
Sec. 408. Conveyances of United States Government land.
Sec. 409. Flight operations quality assurance rules.
Sec. 410. Wide area augmentation system.
Sec. 411. Regulation of Alaska air guides.
Sec. 412. Application of FAA regulations.
Sec. 413. Human factors program.
Sec. 414. Independent validation of FAA costs and allocations.
Sec. 415. Whistleblower protection for FAA employees.
Sec. 416. Report on modernization of oceanic ATC system.
Sec. 417. Report on air transportation oversight system.
Sec. 418. Recycling of EIS.
Sec. 419. Protection of employees providing air safety information.
Sec. 420. Improvements to air navigation facilities.
Sec. 421. Denial of airport access to certain air carriers.
Sec. 422. Tourism.
Sec. 423. Equivalency of FAA and EU safety standards.
Sec. 424. Sense of the Senate on property taxes on public-use airports.
Sec. 425. Federal Aviation Administration Personnel Management System.
Sec. 426. Aircraft and aviation component repair and maintenance 
              advisory panel.

[[Page 23660]]

[Sec. 427. Report on enhanced domestic airline competition.]
Sec. 427. Authority to sell aircraft and aircraft parts for use in 
              responding to oil spills.
Sec. 428. Aircraft situational display data.
Sec. 429. To express the sense of the Senate concerning a bilateral 
              agreement between the United States and the United 
              Kingdom regarding Charlotte-London route.
Sec. 430. To express the sense of the Senate concerning a bilateral 
              agreement between the United States and the United 
              Kingdom regarding Cleveland-London route.
Sec. 431. Allocation of Trust Fund funding.
Sec. 432. Taos Pueblo and Blue Lakes Wilderness Area demonstration 
              project.
Sec. 433. Airline marketing disclosure.
Sec. 434. Certain air traffic control towers.
Sec. 435. Compensation under the Death on the High Seas Act.
Sec. 436. FAA study of breathing hoods.
Sec. 437. FAA study of alternative power sources for flight data 
              recorders and cockpit voice recorders.
Sec. 438. Passenger facility fee letters of intent.
Sec. 439. Elimination of HAZMAT enforcement backlog.
Sec. 440. FAA evaluation of long-term capital leasing.

                TITLE V--AVIATION COMPETITION PROMOTION

Sec. 501. Purpose.
Sec. 502. Establishment of small community aviation development 
              program.
Sec. 503. Community-carrier air service program.
Sec. 504. Authorization of appropriations.
Sec. 505. Marketing practices.
Sec. 506. Slot exemptions for nonstop regional jet service.
Sec. 507. Exemptions to perimeter rule at Ronald Reagan Washington 
              National Airport.
Sec. 508. Additional slot exemptions at Chicago O'Hare International 
              Airport.
Sec. 509. Consumer notification of e-ticket expiration dates.
Sec. 510. Regional air service incentive options.
Sec. 511. GAO study of air transportation needs.

                  TITLE VI--NATIONAL PARK OVERFLIGHTS

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

               TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

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

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

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

     SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

       (a) In General.--Section 106(k) is amended to read as 
     follows:
       ``(k) Authorization of Appropriations for Operations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary of Transportation for operations of the 
     Administration $5,631,000,000 for fiscal year 1999 and 
     $5,784,000,000 for fiscal year 2000. Of the amounts 
     authorized to be appropriated for fiscal year 1999, not more 
     than $9,100,000 shall be used to support air safety efforts 
     through payment of United States membership obligations, to 
     be paid as soon as practicable.
       ``(2) Authorized expenditures.--Of the amounts appropriated 
     under paragraph (1) $450,000 may be used for wildlife hazard 
     mitigation measures and management of the wildlife strike 
     database of the Federal Aviation Administration.
       ``(3) University consortium.--There are authorized to be 
     appropriated not more than $9,100,000 for the 3 fiscal year 
     period beginning with fiscal year 1999 to support a 
     university consortium established to provide an air safety 
     and security management certificate program, working 
     cooperatively with the Federal Aviation Administration and 
     United States air carriers. Funds authorized under this 
     paragraph--
       ``(A) may not be used for the construction of a building or 
     other facility; and
       ``(B) shall be awarded on the basis of open competition.''.
       (b) Coordination.--The authority granted the Secretary 
     under section 41720 of title 49, United States Code, does not 
     affect the Secretary's authority under any other provision of 
     law.

     SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       (a) In General.--Section 48101(a) is amended by striking 
     paragraphs (1) and (2) and inserting the following:
       ``(1) for fiscal year 1999--
       ``(A) $222,800,000 for engineering, development, test, and 
     evaluation: en route programs;
       ``(B) $74,700,000 for engineering, development, test, and 
     evaluation: terminal programs;
       ``(C) $108,000,000 for engineering, development, test, and 
     evaluation: landing and navigational aids;
       ``(D) $17,790,000 for engineering, development, test, and 
     evaluation: research, test, and evaluation equipment and 
     facilities programs;
       ``(E) $391,358,300 for air traffic control facilities and 
     equipment: en route programs;
       ``(F) $492,315,500 for air traffic control facilities and 
     equipment: terminal programs;
       ``(G) $38,764,400 for air traffic control facilities and 
     equipment: flight services programs;
       ``(H) $50,500,000 for air traffic control facilities and 
     equipment: other ATC facilities programs;
       ``(I) $162,400,000 for non-ATC facilities and equipment 
     programs;
       ``(J) $14,500,000 for training and equipment facilities 
     programs;
       ``(K) $280,800,000 for mission support programs;
       ``(L) $235,210,000 for personnel and related expenses; and
       ``(2) $2,189,000,000 for fiscal year 2000.''.
       (b) Continuation of ILS Inventory Program.--Section 
     44502(a)(4)(B) is amended--
       (1) by striking ``fiscal years 1995 and 1996'' and 
     inserting ``fiscal years 1999 and 2000''; and
       (2) by striking ``acquisition,'' and inserting 
     ``acquisition under new or existing contracts,''.
       (c) Life-Cycle Cost Estimates.--The Administrator of the 
     Federal Aviation Administration shall establish life-cycle 
     cost estimates for any air traffic control modernization 
     project the total life-cycle costs of which equal or exceed 
     $50,000,000.

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

       (a) Extension and Authorization.--Section 48103 is amended 
     by striking ``$1,205,000,000 for the 6-month period beginning 
     October 1, 1998.'' and inserting ``$2,410,000,000 for fiscal 
     years ending before October 1, 1999, and $4,885,000,000 for 
     fiscal years ending before October 1, 2000.''.
       (b) Project Grant Authority.--Section 47104(c) is amended 
     by striking ``March 31, 1999,'' and inserting ``September 30, 
     2000,''.

     SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.

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

     SEC. 105. AIRPORT SECURITY PROGRAM.

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

     ``Sec. 47136. Airport security program

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

[[Page 23661]]

     section 202(b) of this Act) is amended by inserting after the 
     item relating to section 47135 the following:

``47136. Airport security program.''.

     SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

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

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

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

     SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

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

     ``Sec. 47135. Innovative financing techniques

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

``47135. Innovative financing techniques.''.

     SEC. 203. MATCHING SHARE.

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

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

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

     SEC. 205. TECHNICAL AMENDMENTS.

       (a) Use of Apportionments for Alaska, Puerto Rico, and 
     Hawaii.--Section 47114(d)(3) is amended to read as follows:
       ``(3) An amount apportioned under paragraph (2) of this 
     subsection for airports in Alaska, Hawaii, or Puerto Rico may 
     be made available by the Secretary for any public airport in 
     those respective jurisdictions.''.
       (b) Supplemental Apportionment for Alaska.--Section 
     47114(e) is amended--
       (1) by striking ``Alternative'' in the subsection caption 
     and inserting ``Supplemental'';
       (2) in paragraph (1) by--
       (A) striking ``Instead of apportioning amounts for airports 
     in Alaska under'' and inserting ``Notwithstanding''; and
       (B) striking ``those airports'' and inserting ``airports in 
     Alaska''; and
       (3) striking paragraph (3) and inserting the following:
       ``(3) An amount apportioned under this subsection may be 
     used for any public airport in Alaska.''.
       (c) Repeal of Apportionment Limitation on Commercial 
     Service Airports in Alaska.--Section 47117 is amended by 
     striking subsection (f) and redesignating subsections (g) and 
     (h) as subsections (f) and (g), respectively.
       (d) Discretionary Fund Definition.--
       (1) Section 47115 is amended--
       (A) by striking ``25'' in subsection (a) and inserting 
     ``12.5''; and
       (B) by striking the second sentence in subsection (b).
       (2) Section 47116 is amended--
       (A) by striking ``75'' in subsection (a) and inserting 
     ``87.5'';
       (B) by redesignating paragraphs (1) and (2) in subsection 
     (b) as subparagraphs (A) and (B), respectively, and inserting 
     before subparagraph (A), as so redesignated, the following:
       ``(1) one-seventh for grants for projects at small hub 
     airports (as defined in section 41731 of this title); and
       ``(2) the remaining amounts based on the following:''.
       (e) Continuation of Project Funding.--Section 47108 is 
     amended by adding at the end thereof the following:
       ``(e) Change in Airport Status.--If the status of a primary 
     airport changes to a nonprimary airport at a time when a 
     development project under a multiyear agreement under 
     subsection (a) is not yet completed, the project shall remain 
     eligible for funding from discretionary funds under section 
     47115 of this title at the funding level and under the terms 
     provided by the agreement, subject to the availability of 
     funds.''.
       (f) Grant Eligibility for Private Reliever Airports.--
     Section 47102(17)(B) is amended by--
       (1) striking ``or'' at the end of clause (i) and 
     redesignating clause (ii) as clause (iii); and
       (2) inserting after clause (i) the following:
       ``(ii) a privately-owned airport that, as a reliever 
     airport, received Federal aid for airport development prior 
     to October 9, 1996, but only if the Administrator issues 
     revised administrative guidance after July 1, 1998, for the 
     designation of reliever airports; or''.
       (g) Reliever Airports Not Eligible for Letters of Intent.--
     Section 47110(e)(1) is amended by striking ``or reliever''.
       (h) Passenger Facility Fee Waiver for Certain Class of 
     Carriers.--Section 40117(e)(2) is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (B);
       (2) by striking ``payment.'' in subparagraph (C) and 
     inserting ``payment; [and'';] and
       (3) by adding at the end thereof the following:
       ``(D) in Alaska aboard an aircraft having a seating 
     capacity of less than 20 [passengers.''.] passengers; and
       ``(E) on flights, including flight segments, between 2 or 
     more points in Hawaii.''.
       (i) Passenger Facility Fee Waiver for Certain Class of 
     Carriers or for Service to Airports in Isolated 
     Communities.--Section 40117(i) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking ``transportation.'' in paragraph (2)(D) and 
     inserting ``transportation; and''; and
       (3) by adding at the end thereof the following:
       ``(3) may permit a public agency to request that collection 
     of a passenger facility fee be waived for--
       ``(A) passengers enplaned by any class of air carrier or 
     foreign air carrier if the number of passengers enplaned by 
     the carriers in the class constitutes not more than one 
     percent of the total number of passengers enplaned annually 
     at the airport at which the fee is imposed; or
       ``(B) passengers enplaned on a flight to an airport--
       ``(i) that has fewer than 2,500 passenger boardings each 
     year and receives scheduled passenger service; or
       ``(ii) in a community which has a population of less than 
     10,000 and is not connected by a land highway or vehicular 
     way to the land-connected National Highway System within a 
     State.''.
       (j) Use of the Word ``Gift'' and Priority for Airports in 
     Surplus Property Disposal.--
       (1) Section 47151 is amended--
       (A) by striking ``give'' in subsection (a) and inserting 
     ``convey to'';
       (B) by striking ``gift'' in subsection (a)(2) and inserting 
     ``conveyance'';
       (C) by striking ``giving'' in subsection (b) and inserting 
     ``conveying'';
       (D) by striking ``gift'' in subsection (b) and inserting 
     ``conveyance''; and
       (E) by adding at the end thereof the following:
       ``(d) Priority for Public Airports.--Except for requests 
     from another Federal agency, a department, agency, or 
     instrumentality of the Executive Branch of the United States 
     Government shall give priority to a request by a public 
     agency (as defined in section 47102 of this title) for 
     surplus property described in subsection (a) of this section 
     for use at a public airport.''.
       (2) Section 47152 is amended--
       (A) by striking ``gifts'' in the section caption and 
     inserting ``conveyances''; and
       (B) by striking ``gift'' in the first sentence and 
     inserting ``conveyance''.
       (3) The chapter analysis for chapter 471 is amended by 
     striking the item relating to section 47152 and inserting the 
     following:

``47152. Terms of conveyances.''.

       (4) Section 47153(a) is amended--
       (A) by striking ``gift'' in paragraph (1) and inserting 
     ``conveyance'';
       (B) by striking ``given'' in paragraph (1)(A) and inserting 
     ``conveyed''; and
       (C) by striking ``gift'' in paragraph (1)(B) and inserting 
     ``conveyance''.
       (k) Minimum Apportionment.--Section 47114(c)(1)(B) is 
     amended by adding at the end thereof the following: ``For 
     fiscal years beginning after fiscal year 1999, the preceding 
     sentence shall be applied by substituting `$650,000' for 
     `$500,000'.''.
       [(k) Apportionment for Cargo Only Airports.--Section 
     47114(c)(2)(A) is amended by striking ``2.5 percent'' and 
     inserting ``3 percent''.]
       (l) Apportionment for Cargo Only Airports.--
       (1) Section 47114(c)(2)(A) is amended by striking ``2.5 
     percent'' and inserting ``3 percent''.

[[Page 23662]]

       (2) Section 47114(c)(2) is further amended by striking 
     subparagraph (C) and redesignating subparagraph (D) as 
     subparagraph (C).
       (m) Temporary Air Service Interruptions.--Section 
     47114(c)(1) is amended by adding at the end thereof the 
     following:
       ``(C) The Secretary may, notwithstanding subparagraph (A), 
     apportion to an airport sponsor in a fiscal year an amount 
     equal to the amount apportioned to that sponsor in the 
     previous fiscal year if the Secretary finds that--
       ``(i) passenger boardings at the airport fell below 10,000 
     in the calendar year used to calculate the apportionment;
       ``(ii) the airport had at least 10,000 passenger boardings 
     in the calendar year prior to the calendar year used to 
     calculate apportionments to airport sponsors in a fiscal 
     year; and
       ``(iii) the cause of the shortfall in passenger boardings 
     was a temporary but significant interruption in service by an 
     air carrier to that airport due to an employment action, 
     natural disaster, or other event unrelated to the demand for 
     air transportation at the affected airport.''.
       [(l)] (n) Flexibility in Pavement Design Standards.--
     Section 47114(d) is amended by adding at the end thereof the 
     following:
       ``(4) The Secretary may permit the use of State highway 
     specifications for airfield pavement construction using funds 
     made available under this subsection at nonprimary airports 
     with runways of 5,000 feet or shorter serving aircraft that 
     do not exceed 60,000 pounds gross weight, if the Secretary 
     determines that--
       ``(A) safety will not be negatively affected; and
       ``(B) the life of the pavement will not be shorter than it 
     would be if constructed using Administration standards.
     An airport may not seek funds under this subchapter for 
     runway rehabilitation or reconstruction of any such airfield 
     pavement constructed using State highway specifications for a 
     period of 10 years after construction is completed.''.
       (o) Eligibility of Runway Incursion Prevention Devices.--
       (1) Policy.--Section 47101(a)(11) is amended by inserting 
     ``(including integrated in-pavement lighting systems for 
     runways and taxiways and other runway and taxiway incursion 
     prevention devices)'' after ``activities''.
       (2) Maximum use of safety facilities.--Section 47101(f) is 
     amended--
       (A) by striking ``and'' at the end of paragraph (9); and
       (B) by striking ``area.'' in paragraph (10) and inserting 
     ``area; and''; and
       (C) by adding at the end the following:
       ``(11) runway and taxiway incursion prevention devices, 
     including integrated in-pavement lighting systems for runways 
     and taxiways.''.
       (3) Airport development defined.--Section 47102(3)(B)(ii) 
     is amended by inserting ``and including integrated in-
     pavement lighting systems for runways and taxiways and other 
     runway and taxiway incursion prevention devices'' before the 
     semicolon at the end.

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

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

     SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS.

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

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

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

     SEC. 209. DEFINITION OF PUBLIC AIRCRAFT.

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

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

     SEC. 210. TERMINAL DEVELOPMENT COSTS.

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

     SEC. 211. AIRFIELD PAVEMENT CONDITIONS.

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

     SEC. 212. DISCRETIONARY GRANTS.

       Notwithstanding any limitation on the amount of funds that 
     may be expended for grants for noise abatement, if any funds 
     made available under section 48103 of title 49, United States 
     Code, remain available at the end of the fiscal year for 
     which those funds were made available, and are not allocated 
     under section 47115 of that title, or under any other 
     provision relating to the awarding of discretionary grants 
     from unobligated funds made available under section 48103 of 
     that title, the Secretary of Transportation may use those 
     funds to make discretionary grants for noise abatement 
     activities.
                 TITLE III--AMENDMENTS TO AVIATION LAW

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

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

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

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

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

     [SEC. 302. FOREIGN CARRIERS ELIGIBLE FOR WAIVER UNDER AIRPORT 
                   NOISE AND CAPACITY ACT.

       [The first sentence of section 47528(b)(1) is amended by 
     inserting ``or foreign air carrier'' after ``air carrier'' 
     the first place it appears and after ``carrier'' the first 
     place it appears.]

     SEC. 302. LIMITED TRANSPORTATION OF CERTAIN AIRCRAFT.

       Section 47528(e) is amended by adding at the end thereof 
     the following:
       ``(4) An air carrier operating Stage 2 aircraft under this 
     subsection may transport Stage 2 aircraft to or from the 48 
     contiguous States on a non-revenue basis in order to--
       ``(A) perform maintenance (including major alterations) or 
     preventative maintenance on aircraft operated, or to be 
     operated, within the limitations of paragraph (2)(B); or
       ``(B) conduct operations within the limitations of 
     paragraph (2)(B).''.

     SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA.

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

[[Page 23663]]



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

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

     SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY.

       [Section 45301 is amended by striking ``government.'' in 
     subsection (a)(2) and inserting ``government or to any entity 
     obtaining services outside the United States.''.]
       Section 45301(a)(2) is amended to read as follows:
       ``(2) Services provided to a foreign government or to any 
     entity obtaining services outside the United States other 
     than--
       ``(A) air traffic control services; and
       ``(B) fees for production-certification-related service (as 
     defined in Appendix C of part 187 of title 14, Code of 
     Federal Regulations) performed outside the United States.''.

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

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

     SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM.

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

     SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

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

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

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

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

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

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

     SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNECTION 
                   REQUIREMENTS.

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

     ``Sec. 41717. Interline agreements for domestic 
       transportation

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

``41717. Interline agreements for domestic transportation.''.
                        TITLE IV--MISCELLANEOUS

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

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

     SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINE.

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

[[Page 23664]]



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

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

     SEC. 404. AIRPLANE EMERGENCY LOCATORS.

       (a) Requirement.--Section 44712(b) is amended to read as 
     follows:
       ``(b) Nonapplication.--Subsection (a) does not apply to 
     aircraft when used in--
       ``(1) scheduled flights by scheduled air carriers holding 
     certificates issued by the Secretary of Transportation under 
     subpart II of this part;
       ``(2) training operations conducted entirely within a 50-
     mile radius of the airport from which the training operations 
     begin;
       ``(3) flight operations related to the design and testing, 
     manufacture, preparation, and delivery of aircraft;
       ``(4) showing compliance with regulations, exhibition, or 
     air racing; or
       ``(5) the aerial application of a substance for an 
     agricultural purpose.''.
       (b) Compliance.--Section 44712 is amended by redesignating 
     subsection (c) as subsection (d), and by inserting after 
     subsection (b) the following:
       ``(c) Compliance.--An aircraft is deemed to meet the 
     requirement of subsection (a) if it is equipped with an 
     emergency locator transmitter that transmits on the 121.5/243 
     megahertz frequency or the 406 megahertz frequency, or with 
     other equipment approved by the Secretary for meeting the 
     requirement of subsection (a).''.
       (c) Effective Date; Regulations.--
       (1) Regulations.--The Secretary of Transportation shall 
     promulgate regulations under section 44712(b) of title 49, 
     United States Code, as amended by this section not later than 
     January 1, 2002.
       (2) Effective date.--The amendments made by this section 
     shall take effect on January 1, 2002.

     SEC. 405. COUNTERFEIT AIRCRAFT PARTS.

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

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

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

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

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

     SEC. 406. FAA MAY FINE UNRULY PASSENGERS.

       (a) In General.--Chapter 463 [is amended by redesignating 
     section 46316 as section 46217, and by inserting after 
     section 46317 the following:]  (as amended by section 309) is 
     amended by adding at the end thereof the following:

     ``Sec. [46316.] 46318.  Interference with cabin or flight 
       crew

       ``(a) In General.--An individual who interferes with the 
     duties or responsibilities of the flight crew or cabin crew 
     of a civil aircraft, or who poses an imminent threat to the 
     safety of the aircraft or other individuals on the aircraft, 
     is liable to the United States Government for a civil penalty 
     of not more than $10,000, which shall be paid to the Federal 
     Aviation Administration and deposited in the account 
     established by section 45303(c).
       ``(b) Compromise and Setoff.--
       ``(1) The Secretary of Transportation or the Administrator 
     may compromise the amount of a civil penalty imposed under 
     subsection (a).
       ``(2) The Government may deduct the amount of a civil 
     penalty imposed or compromised under this section from 
     amounts it owes the individual liable for the penalty.''.
       (b) Conforming Change.--The chapter analysis for chapter 
     463 is amended by striking the item relating to section 46316 
     and inserting after the item relating to section 46315 the 
     following:

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

     SEC. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS.

       (a) Establishment of Higher International Standards.--The 
     Secretary of Transportation shall work with appropriate 
     international organizations and the aviation authorities of 
     other nations to bring about their establishment of higher 
     standards for accommodating handicapped passengers in air 
     transportation, particularly with respect to foreign air 
     carriers that code-share with domestic air carriers.
       (b) Investigation of All Complaints Required.--Section 
     41705 is amended by--
       (1) inserting ``(a) In General.--'' before ``In 
     providing'';
       (2) striking ``carrier'' and inserting ``carrier, including 
     any foreign air carrier doing business in the United 
     States,''; and [after ``In providing air transportation, an 
     air carrier''; and]
       (3) adding at the end thereof the following:
       ``(b) Each Act Constitutes Separate Offense.--Each separate 
     act of discrimination prohibited by subsection (a) 
     constitutes a separate violation of that subsection.
       ``(c) Investigation of Complaints.--
       ``(1) In general.--The Secretary or a person designated by 
     the Secretary within the Office of Civil Rights shall 
     investigate each complaint of a violation of subsection (a).
       ``(2) Publication of data.--The Secretary or a person 
     designated by the Secretary within the Office of Civil Rights 
     shall publish disability-related complaint data in a manner 
     comparable to other consumer complaint data.

[[Page 23665]]

       ``(3) Employment.--The Secretary is authorized to employ 
     personnel necessary to enforce this section.
       ``(4) Review and report.--The Secretary or a person 
     designated by the Secretary within the Office of Civil Rights 
     shall regularly review all complaints received by air 
     carriers alleging discrimination on the basis of disability, 
     and report annually to Congress on the results of such 
     review.
       ``(5) Technical Assistant.--Not later than 180 days after 
     enactment of the Air Transportation and Improvement Act, the 
     Secretary shall--
       ``(A) implement a plan, in consultation with the Department 
     of Justice, United States Architectural and Transportation 
     Barriers Compliance Board, and the National Council on 
     Disability, to provide technical assistance to air carriers 
     and individuals with disabilities in understanding the rights 
     and responsibilities of this section; and
       ``(B) ensure the availability and provision of appropriate 
     technical assistance manuals to individuals and entities with 
     rights or duties under this section.''.
       [(b)] (c) Increased Civil Penalties.--Section 46301(a) is 
     amended by--
       (1) inserting ``41705,'' after ``41704,'' in paragraph 
     (1)(A); and
       (2) adding at the end thereof the following:
       [``(7) Unless an air carrier that violates section 41705 
     with respect to an individual provides that individual a 
     credit or voucher for the purchase of a ticket on that air 
     carrier or any affiliated air carrier in an amount 
     (determined by the Secretary) of--
       [``(A) not less than $500 and not more than $2,500 for the 
     first violation; or
       [``(B) not less than $2,500 and not more than $5,000 for 
     any subsequent violation, then that air carrier is liable to 
     the United States Government for a civil penalty, determined 
     by the Secretary, of not more than 100 percent of the amount 
     of the credit or voucher so determined. For purposes of this 
     paragraph, each act of discrimination prohibited by section 
     41705 constitutes a separate violation of that section.''.]
       ``(7) Violation of section 41705.--
       ``(A) Credit; voucher; civil penalty.-- Unless an 
     individual accepts a credit or voucher for the purchase of a 
     ticket on an air carrier or any affiliated air carrier for a 
     violation of subsection (a) in an amount (determined by the 
     Secretary) of--
       ``(i) not less than $500 and not more than $2,500 for the 
     first violation; or
       ``(ii) not less than $2,500 and not more than $5,000 for 
     any subsequent violation,
     then that air carrier is liable to the United States 
     Government for a civil penalty, determined by the Secretary, 
     of not more than 100 percent of the amount of the credit or 
     voucher so determined.
       ``(B) Remedy not exclusive.--Nothing in subparagraph (A) 
     precludes or affects the right of persons with disabilities 
     to file private rights of action under section 41705 or to 
     limit claims for compensatory or punitive damages asserted in 
     such cases.
       ``(C) Attorney's fees.--In addition to the penalty provided 
     by subparagraph (A), an individual who--
       ``(i) brings a civil action against an air carrier to 
     enforce this section; and
       ``(ii) who is awarded damages by the court in which the 
     action is brought,
     may be awarded reasonable attorneys' fees and costs of 
     litigation reasonably incurred in bringing the action if the 
     court deems it appropriate.''.

     SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT LAND.

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

     SEC. 409. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator shall issue a notice of proposed 
     rulemaking to develop procedures to protect air carriers and 
     their employees from [civil enforcement action under the 
     program known as Flight Operations Quality Assurance.] 
     enforcement actions for violations of the Federal Aviation 
     Regulations other than criminal or deliberate acts that are 
     reported or discovered as a result of voluntary reporting 
     programs, such as the Flight Operations Quality Assurance 
     Program and the Aviation Safety Action Program. Not later 
     than 1 year after the last day of the period for public 
     comment provided for in the notice of proposed rulemaking, 
     the Administrator shall issue a final rule establishing those 
     procedures.

     SEC. 410. WIDE AREA AUGMENTATION SYSTEM.

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

     SEC. 411. REGULATION OF ALASKA AIR GUIDES.

       The Administrator shall reissue the notice to operators 
     originally published in the Federal Register on January 2, 
     1998, which advised Alaska guide pilots of the applicability 
     of part 135 of title 14, Code of Federal Regulations, to 
     guide pilot operations. In reissuing the notice, the 
     Administrator shall provide for not less than 60 days of 
     public comment on the Federal Aviation Administration action. 
     If, notwithstanding the public comments, the Administrator 
     decides to proceed with the action, the Administrator

[[Page 23666]]

     shall publish in the Federal Register a notice justifying the 
     Administrator's decision and providing at least 90 days for 
     compliance.

     [SEC. 412. APPLICATION OF FAA REGULATIONS.]

     SEC. 412. ALASKA RURAL AVIATION IMPROVEMENT.

       [Section 40113] (a) Application of FAA Regulations.--
     Section 40113 is amended by adding at the end thereof the 
     following:
       ``(f) Application of Certain Regulations to Alaska.--In 
     amending title 14, Code of Federal Regulations, in a manner 
     affecting intrastate aviation in Alaska, the Administrator of 
     the Federal Aviation Administration shall consider the extent 
     to which Alaska is not served by transportation modes other 
     than aviation, and shall establish such regulatory 
     distinctions as the Administrator considers appropriate.''.
       (b) Aviation Closed Circuit Television.--The Administrator 
     of the Federal Aviation Administration, in consultation with 
     commercial and general aviation pilots, shall install closed 
     circuit weather surveillance equipment at not fewer that 15 
     rural airports in Alaska and provide for the dissemination of 
     information derived from such equipment to pilots for pre-
     flight planning purposes and en route purposes, including 
     through the dissemination of such information to pilots by 
     flight service stations. There are authorized to be 
     appropriated $2,000,000 for the purposes of this subsection.
       (c) Mike-in-hand Weather Observation.--The Administrator of 
     the Federal Aviation Administration and the Assistant 
     Administrator of the National Weather Service, in 
     consultation with the National Transportation Safety Board 
     and the Governor of the State of Alaska, shall develop and 
     implement a ``mike-in-hand'' weather observation program in 
     Alaska under which Federal Aviation Administration employees, 
     National Weather Service employees, other Federal or State 
     employees sited at an airport, or persons contracted 
     specifically for such purpose (including part-time contract 
     employees who are not sited at such airport), will provide 
     near-real time aviation weather information via radio and 
     otherwise to pilots who request such information.
       (d) Rural IFR Compliance.--There are authorized to be 
     appropriated $4,000,000 to the Administrator for runway 
     lighting and weather reporting systems at remote airports in 
     Alaska to implement the CAPSTONE project.

     SEC. 413. HUMAN FACTORS PROGRAM.

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

     ``Sec. 44516. Human factors program

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

``44516. Human factors program.''.

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

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

     SEC. 415. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.

       Section 347(b)(1) of Public Law 104-50 (49 U.S.C. 106, 
     note) is amended by striking ``protection;'' and inserting 
     ``protection, including the provisions for investigations and 
     enforcement as provided in chapter 12 of title 5, United 
     States Code;''.

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

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

     SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.

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

     SEC. 418. RECYCLING OF EIS.

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

[[Page 23667]]

     use shall meet all requirements of Federal law for the 
     completion of such an assessment or study.

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

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

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

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

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

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

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

[[Page 23668]]

     controversy or the citizenship of the parties, to enforce the 
     order.
       ``(B) Attorney fees.--In issuing any final order under this 
     paragraph, the court may award costs of litigation (including 
     reasonable attorney and expert witness fees) to any party if 
     the court determines that the awarding of those costs is 
     appropriate.
       ``(c) Mandamus.--Any nondiscretionary duty imposed by this 
     section shall be enforceable in a mandamus proceeding brought 
     under section 1361 of title 28.
       ``(d) Nonapplicability To Deliberate Violations.--
     Subsection (a) shall not apply with respect to an employee of 
     an air carrier, or contractor or subcontractor of an air 
     carrier who, acting without direction from the air carrier 
     (or an agent, contractor, or subcontractor of the air 
     carrier), deliberately causes a violation of any requirement 
     relating to air carrier safety under this subtitle or any 
     other law of the [United States.''.] 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 chapter analysis for chapter 
     421 is amended by adding at the end the following:

           ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.''.
       (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. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

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

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

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

     SEC. 422. TOURISM.

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

[[Page 23669]]

       (5) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Chairman of the Task Force shall 
     submit to the President and to Congress a report on the 
     results of the review, including proposed amendments to 
     existing laws or regulations as may be appropriate to 
     implement such recommendations.
       (d) Travel and Tourism Industry Satellite System of 
     Accounting.--
       (1) In general.--The Secretary of Commerce shall complete, 
     as soon as may be practicable, a satellite system of 
     accounting for the travel and tourism industry.
       (2) Funding.--To the extent any costs or expenditures are 
     incurred under this subsection, they shall be covered to the 
     extent funds are available to the Department of Commerce for 
     such purpose.
       (e) Authorization of Appropriations.--
       (1) Authorization.--Subject to paragraph (2), there are 
     authorized to be appropriated such sums as may be necessary 
     for the purpose of funding international promotional 
     activities by the United States National Tourism Organization 
     to help brand, position, and promote the United States as the 
     premiere travel and tourism destination in the world.
       (2) Restrictions on use of funds.--None of the funds 
     appropriated under paragraph (1) may be used for purposes 
     other than marketing, research, outreach, or any other 
     activity designed to promote the United States as the 
     premiere travel and tourism destination in the world, except 
     that the general and administrative expenses of operating the 
     United States National Tourism Organization shall be borne by 
     the private sector through such means as the Board of 
     Directors of the Organization shall determine.
       (3) Report to congress.--Not later than March 30 of each 
     year in which funds are made available under subsection (a), 
     the Secretary shall submit to the Committee on Commerce of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a detailed report 
     setting forth--
       (A) the manner in which appropriated funds were expended;
       (B) changes in the United States market share of 
     international tourism in general and as measured against 
     specific countries and regions;
       (C) an analysis of the impact of international tourism on 
     the United States economy, including, as specifically as 
     practicable, an analysis of the impact of expenditures made 
     pursuant to this section;
       (D) an analysis of the impact of international tourism on 
     the United States trade balance and, as specifically as 
     practicable, an analysis of the impact on the trade balance 
     of expenditures made pursuant to this section; and
       (E) an analysis of other relevant economic impacts as a 
     result of expenditures made pursuant to this section.

     SEC. 423. EQUIVALENCY OF FAA AND EU SAFETY STANDARDS.

       The Administrator of the Federal Aviation Administration 
     shall determine whether the Administration's safety 
     regulations are equivalent to the safety standards set forth 
     in European Union Directive 89/336EEC. If the Administrator 
     determines that the standards are equivalent, the 
     Administrator shall work with the Secretary of Commerce to 
     gain acceptance of that determination pursuant to the Mutual 
     Recognition Agreement between the United States and the 
     European Union of May 18, 1998, in order to ensure that 
     aviation products approved by the Administration are 
     acceptable under that Directive.

     SEC. 424. SENSE OF THE SENATE ON PROPERTY TAXES ON PUBLIC-USE 
                   AIRPORTS.

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

     SEC. 425. FEDERAL AVIATION ADMINISTRATION PERSONNEL 
                   MANAGEMENT SYSTEM.

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

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

       (a) Establishment of Panel.--The Administrator of the 
     Federal Aviation Administration--
       (1) shall establish an Aircraft Repair and Maintenance 
     Advisory Panel to review issues related to the use and 
     oversight of aircraft and aviation component repair and 
     maintenance facilities located within, or outside of, the 
     United States; and
       (2) may seek the advice of the panel on any issue related 
     to methods to improve the safety of domestic or foreign 
     contract aircraft and aviation component repair facilities.
       (b) Membership.--The panel shall consist of--
       (1) 8 members, appointed by the Administrator as follows:
       (A) 3 representatives of labor organizations representing 
     aviation mechanics;
       (B) 1 representative of cargo air carriers;
       (C) 1 representative of passenger air carriers;
       (D) 1 representative of aircraft and aviation component 
     repair stations;
       (E) 1 representative of aircraft manufacturers; and
       (F) 1 representative of the aviation industry not described 
     in the preceding subparagraphs;
       (2) 1 representative from the Department of Transportation, 
     designated by the Secretary of Transportation;
       (3) 1 representative from the Department of State, 
     designated by the Secretary of State; and
       (4) 1 representative from the Federal Aviation 
     Administration, designated by the Administrator.
       (c) Responsibilities.--The panel shall--
       (1) determine how much aircraft and aviation component 
     repair work and what type of aircraft and aviation component 
     repair work is being performed by aircraft and aviation 
     component repair stations located within, and outside of, the 
     United States to better understand and analyze methods to 
     improve the safety and oversight of such facilities; and
       (2) provide advice and counsel to the Administrator with 
     respect to aircraft and aviation component repair work 
     performed by those stations, staffing needs, and any safety 
     issues associated with that work.
       (d) FAA To Request Information From Foreign Aircraft Repair 
     Stations.--
       (1) Collection of information.--The Administrator shall by 
     regulation request aircraft and aviation component repair 
     stations located outside the United States to submit such 
     information as the Administrator may require in order to 
     assess safety issues and enforcement actions with respect to 
     the work performed at those stations on aircraft used by 
     United States air carriers.
       (2) Drug and alcohol testing information.--Included in the 
     information the Administrator requests under paragraph (1) 
     shall be information on the existence and administration of 
     employee drug and alcohol testing programs in place at such 
     stations, if applicable.
       (3) Description of work done.--Included in the information 
     the Administrator requests under paragraph (1) shall be 
     information on the amount and type of aircraft and aviation 
     component repair work performed at those stations on aircraft 
     registered in the United States.
       (e) FAA To Request Information About Domestic Aircraft 
     Repair Stations.--If the Administrator determines that 
     information on the volume of the use of domestic aircraft and 
     aviation component repair stations is needed in order to 
     better utilize Federal Aviation Administration resources, the 
     Administrator may--
       (1) require United States air carriers to submit the 
     information described in subsection (d) with respect to their 
     use of contract and noncontract aircraft and aviation 
     component repair facilities located in the United States; and
       (2) obtain information from such stations about work 
     performed for foreign air carriers.
       (f) FAA To Make Information Available to Public.--The 
     Administrator shall make any information received under 
     subsection (d) or (e) available to the public.
       (g) Termination.--The panel established under subsection 
     (a) shall terminate on the earlier of--
       (1) the date that is 2 years after the date of enactment of 
     this Act; or
       (2) December 31, 2000.
       (h) Annual Report to Congress.--The Administrator shall 
     report annually to the Congress on the number and location of 
     air agency certificates that were revoked, suspended, or not 
     renewed during the preceding year.
       (i) Definitions.--Any term used in this section that is 
     defined in subtitle VII of title 49, United States Code, has 
     the meaning given that term in that subtitle.

[[Page 23670]]



     [SEC. 427. REPORT ON ENHANCED DOMESTIC AIRLINE COMPETITION.

       [(a) Findings.--The Congress makes the following findings:
       [(1) There has been a reduction in the level of competition 
     in the domestic airline business brought about by mergers, 
     consolidations, and proposed domestic alliances.
       [(2) Foreign citizens and foreign air carriers may be 
     willing to invest in existing or start-up airlines if they 
     are permitted to acquire a larger equity share of a United 
     States airline.
       [(b) Study.--The Secretary of Transportation, after 
     consulting the appropriate Federal agencies, shall study and 
     report to the Congress not later than June 30, 1999, on the 
     desirability and implications of--
       [(1) decreasing the foreign ownership provision in section 
     40102(a)(15) of title 49, United States Code, to 51 percent 
     from 75 percent; and
       [(2) changing the definition of air carrier in section 
     40102(a)(2) of such title by substituting ``a company whose 
     principal place of business is in the United States'' for ``a 
     citizen of the United States''.]

     SEC. 427. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR 
                   USE IN RESPONDING TO OIL SPILLS.

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

     SEC. 428. AIRCRAFT SITUATIONAL DISPLAY DATA.

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

     SEC. 429. TO EXPRESS THE SENSE OF THE SENATE CONCERNING A 
                   BILATERAL AGREEMENT BETWEEN THE UNITED STATES 
                   AND THE UNITED KINGDOM REGARDING CHARLOTTE-
                   LONDON ROUTE.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' has the meaning 
     given that term in section 40102 of title 49, United States 
     Code.
       (2) Bermuda ii agreement.--The term ``Bermuda II 
     Agreement'' means the Agreement Between the United States of 
     America and United Kingdom of Great Britain and Northern 
     Ireland Concerning Air Services, signed at Bermuda on July 
     23, 1977 (TIAS 8641).
       (3) Charlotte-london (gatwick) route.--The term 
     ``Charlotte-London (Gatwick) route'' means the route between 
     Charlotte, North Carolina, and the Gatwick Airport in London, 
     England.
       (4) Foreign air carrier.--The term ``foreign air carrier'' 
     has the meaning given that term in section 40102 of title 49, 
     United States Code.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Findings.--Congress finds that--
       (1) under the Bermuda II Agreement, the United States has a 
     right to designate an air carrier of the United States to 
     serve the Charlotte-London (Gatwick) route;
       (2) the Secretary awarded the Charlotte-London (Gatwick) 
     route to US Airways on September 12, 1997, and on May 7, 
     1998, US Airways announced plans to launch nonstop service in 
     competition with the monopoly held by British Airways on the 
     route and to provide convenient single-carrier one-stop 
     service to the United Kingdom from dozens of cities in North 
     Carolina and South Carolina and the surrounding region;
       (3) US Airways was forced to cancel service for the 
     Charlotte-London (Gatwick) route for the summer of 1998 and 
     the following winter because the Government of the United 
     Kingdom refused to provide commercially viable access to 
     Gatwick Airport;
       (4) British Airways continues to operate monopoly service 
     on the Charlotte-London (Gatwick) route and recently upgraded 
     the aircraft for that route to B-777 aircraft;
       (5) British Airways had been awarded an additional monopoly 
     route between London England and Denver, Colorado, resulting 
     in a total of 10 monopoly routes operated by British Airways 
     between the United Kingdom and points in the United States;
       (6) monopoly service results in higher fares to passengers; 
     and
       (7) US Airways is prepared, and officials of the air 
     carrier are eager, to initiate competitive air service on the 
     Charlotte-London (Gatwick) route as soon as the Government of 
     the United Kingdom provides commercially viable access to the 
     Gatwick Airport.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary should--
       (1) act vigorously to ensure the enforcement of the rights 
     of the United States under the Bermuda II Agreement;
       (2) intensify efforts to obtain the necessary assurances 
     from the Government of the United Kingdom to allow an air 
     carrier of the United States to operate commercially viable, 
     competitive service for the Charlotte-London (Gatwick) route; 
     and
       (3) ensure that the rights of the Government of the United 
     States and citizens and air carriers of the United States are 
     enforced under the Bermuda II Agreement before seeking to 
     renegotiate a broader bilateral agreement to establish 
     additional rights for air carriers of the United States and 
     foreign air carriers of the United Kingdom.

     SEC. 430. TO EXPRESS THE SENSE OF THE SENATE CONCERNING A 
                   BILATERAL AGREEMENT BETWEEN THE UNITED STATES 
                   AND THE UNITED KINGDOM REGARDING CLEVELAND-
                   LONDON ROUTE.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' has the meaning 
     given that term in section 40102 of title 49, United States 
     Code.

[[Page 23671]]

       (2) Aircraft.--The term ``aircraft'' has the meaning given 
     that term in section 40102 of title 49, United States Code.
       (3) Air transportation.--The term ``air transportation'' 
     has the meaning given that term in section 40102 of title 49, 
     United States Code.
       (4) Bermuda ii agreement.--The term ``Bermuda II 
     Agreement'' means the Agreement Between the United States of 
     America and United Kingdom of Great Britain and Northern 
     Ireland Concerning Air Services, signed at Bermuda on July 
     23, 1977 (TIAS 8641).
       (5) Cleveland-london (gatwick) route.--The term 
     ``Cleveland-London (Gatwick) route'' means the route between 
     Cleveland, Ohio, and the Gatwick Airport in London, England.
       (6) Foreign air carrier.--The term ``foreign air carrier'' 
     has the meaning given that term in section 40102 of title 49, 
     United States Code.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (8) Slot.--The term ``slot'' means a reservation for an 
     instrument flight rule takeoff or landing by an air carrier 
     of an aircraft in air transportation.
       (b) Findings.--Congress finds that--
       (1) under the Bermuda II Agreement, the United States has a 
     right to designate an air carrier of the United States to 
     serve the Cleveland-London (Gatwick) route;
       (2)(A) on December 3, 1996, the Secretary awarded the 
     Cleveland-London (Gatwick) route to Continental Airlines;
       (B) on June 15, 1998, Continental Airlines announced plans 
     to launch nonstop service on that route on February 19, 1999, 
     and to provide single-carrier one-stop service between 
     London, England (from Gatwick Airport) and dozens of cities 
     in Ohio and the surrounding region; and
       (C) on August 4, 1998, the Secretary tentatively renewed 
     the authority of Continental Airlines to carry out the 
     nonstop service referred to in subparagraph (B) and selected 
     Cleveland, Ohio, as a new gateway under the Bermuda II 
     Agreement;
       (3) unless the Government of the United Kingdom provides 
     Continental Airlines commercially viable access to Gatwick 
     Airport, Continental Airlines will not be able to initiate 
     service on the Cleveland-London (Gatwick) route; and
       (4) Continental Airlines is prepared to initiate 
     competitive air service on the Cleveland-London (Gatwick) 
     route when the Government of the United Kingdom provides 
     commercially viable access to the Gatwick Airport.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary should--
       (1) act vigorously to ensure the enforcement of the rights 
     of the United States under the Bermuda II Agreement;
       (2) intensify efforts to obtain the necessary assurances 
     from the Government of the United Kingdom to allow an air 
     carrier of the United States to operate commercially viable, 
     competitive service for the Cleveland-London (Gatwick) route; 
     and
       (3) ensure that the rights of the Government of the United 
     States and citizens and air carriers of the United States are 
     enforced under the Bermuda II Agreement before seeking to 
     renegotiate a broader bilateral agreement to establish 
     additional rights for air carriers of the United States and 
     foreign air carriers of the United Kingdom, including the 
     right to commercially viable competitive slots at Gatwick 
     Airport and Heathrow Airport in London, England, for air 
     carriers of the United States.

     SEC. 431. ALLOCATION OF TRUST FUND FUNDING.

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

     SEC. 432. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA 
                   DEMONSTRATION PROJECT.

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

     SEC. 433. AIRLINE MARKETING DISCLOSURE.

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

     SEC. 434. CERTAIN AIR TRAFFIC CONTROL TOWERS.

       Notwithstanding any other provision of law, regulation, 
     intergovernmental circular advisories or other process, or 
     any judicial proceeding or ruling to the contrary, the 
     Federal Aviation Administration shall use such funds as 
     necessary to contract for the operation of air traffic 
     control towers, located in Salisbury, Maryland; Bozeman, 
     Montana; and Boca Raton, Florida: Provided, That the Federal 
     Aviation Administration has made a prior determination of 
     eligibility for such towers to be included in the contract 
     tower program.

     SEC. 435. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT.

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

     SEC. 436. FAA STUDY OF BREATHING HOODS.

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

     SEC. 437. FAA STUDY OF ALTERNATIVE POWER SOURCES FOR FLIGHT 
                   DATA RECORDERS AND COCKPIT VOICE RECORDERS.

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

     SEC. 438. PASSENGER FACILITY FEE LETTERS OF INTENT.

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

[[Page 23672]]



     SEC. 439. ELIMINATION OF HAZMAT ENFORCEMENT BACKLOG.

       (a) Findings.--The Congress makes the following findings:
       (1) The transportation of hazardous materials continues to 
     present a serious aviation safety problem which poses a 
     potential threat to health and safety, and can result in 
     evacuations, emergency landings, fires, injuries, and deaths.
       (2) Although the Federal Aviation Administration budget for 
     hazardous materials inspection increased $10,500,000 in 
     fiscal year 1998, the General Accounting Office has reported 
     that the backlog of hazardous materials enforcement cases has 
     increased from 6 to 18 months.
       (b) Elimination of Hazardous Materials Enforcement 
     Backlog.--The Administrator of the Federal Aviation 
     Administration shall--
       (1) make the elimination of the backlog in hazardous 
     materials enforcement cases a priority;
       (2) seek to eliminate the backlog within 6 months after the 
     date of enactment of this Act; and
       (3) make every effort to ensure that inspection and 
     enforcement of hazardous materials laws are carried out in a 
     consistent manner among all geographic regions, and that 
     appropriate fines and penalties are imposed in a timely 
     manner for violations.
       (c) Information Regarding Progress.--The Administrator 
     shall provide information to the Committee on Commerce, 
     Science, and Transportation, on a quarterly basis beginning 3 
     months after the date of enactment of this Act for a year, on 
     plans to eliminate the backlog and enforcement activities 
     undertaken to carry out subsection (b).

     SEC. 440. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

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

     SEC. 501. PURPOSE.

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

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

       Section 102 is amended by adding at the end thereof the 
     following:
       ``(g) Small Community Air Service Development Program.--
       ``(1) Establishment.--The Secretary shall establish a 4-
     year pilot aviation development program to be administered by 
     a program director designated by the Secretary.
       ``(2) Functions.--The program director shall--
       ``(A) function as a facilitator between small communities 
     and air carriers;
       ``(B) carry out section 41743 of this title;
       ``(C) carry out the airline service restoration program 
     under sections 41744, 41745, and 41746 of this title;
       ``(D) ensure that the Bureau of Transportation Statistics 
     collects data on passenger information to assess the service 
     needs of small communities;
       ``(E) work with and coordinate efforts with other Federal, 
     State, and local agencies to increase the viability of 
     service to small communities and the creation of aviation 
     development zones; and
       ``(F) provide policy recommendations to the Secretary and 
     the Congress that will ensure that small communities have 
     access to quality, affordable air transportation services.
       ``(3) Reports.--The program director shall provide an 
     annual report to the Secretary and the Congress beginning in 
     2000 that--
       ``(A) analyzes the availability of air transportation 
     services in small communities, including, but not limited to, 
     an assessment of the air fares charged for air transportation 
     services in small communities compared to air fares charged 
     for air transportation services in larger metropolitan areas 
     and an assessment of the levels of service, measured by types 
     of aircraft used, the availability of seats, and scheduling 
     of flights, provided to small communities;
       ``(B) identifies the policy, economic, geographic and 
     marketplace factors that inhibit the availability of quality, 
     affordable air transportation services to small communities; 
     and
       ``(C) provides policy recommendations to address the 
     policy, economic, geographic, and marketplace factors 
     inhibiting the availability of quality, affordable air 
     transportation services to small communities.''.

     SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM.

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

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

       ``(a) Communities Program.--Under advisory guidelines 
     prescribed by the Secretary of Transportation, a small 
     community or a consortia of small communities or a State may 
     develop an assessment of its air service requirements, in 
     such form as the program director designated by the Secretary 
     under section 102(g) may require, and submit the assessment 
     and service proposal to the program director.
       ``(b) Selection of Participants.--In selecting community 
     programs for participation in the communities program under 
     subsection (a), the program director shall apply criteria, 
     including geographical diversity and the presentation of 
     unique circumstances, that will demonstrate the feasibility 
     of the program. For purposes of this subsection, the 
     application of geographical diversity criteria means criteria 
     that--
       ``(1) will promote the development of a national air 
     transportation system; and
       ``(2) will involve the participation of communities in all 
     regions of the country.
       ``(c) Carriers Program.--The program director shall invite 
     part 121 air carriers and regional/commuter carriers (as such 
     terms are defined in section 41715(d) of this title) to offer 
     service proposals in response to, or in conjunction with, 
     community aircraft service assessments submitted to the 
     office under subsection (a). A service proposal under this 
     paragraph shall include--
       ``(1) an assessment of potential daily passenger traffic, 
     revenues, and costs necessary for the carrier to offer the 
     service;
       ``(2) a forecast of the minimum percentage of that traffic 
     the carrier would require the community to garner in order 
     for the carrier to start up and maintain the service; and
       ``(3) the costs and benefits of providing jet service by 
     regional or other jet aircraft.
       ``(d) Program Support Function.--The program director shall 
     work with small communities and air carriers, taking into 
     account their proposals and needs, to facilitate the 
     initiation of service. The program director--
       ``(1) may work with communities to develop innovative means 
     and incentives for the initiation of service;
       ``(2) may obligate funds authorized under section 504 of 
     the Air Transportation Improvement Act to carry out this 
     section;
       ``(3) shall continue to work with both the carriers and the 
     communities to develop a combination of community incentives 
     and carrier service levels that--
       ``(A) are acceptable to communities and carriers; and
       ``(B) do not conflict with other Federal or State programs 
     to facilitate air transportation to the communities;
       ``(4) designate an airport in the program as an Air Service 
     Development Zone and work with the community on means to 
     attract business to the area surrounding the airport, to 
     develop land use options for the area, and provide data, 
     working with the Department of Commerce and other agencies;
       ``(5) take such other action under this chapter as may be 
     appropriate.
       ``(e) Limitations.--
       ``(1) Community support.--The program director may not 
     provide financial assistance under subsection (c)(2) to any 
     community unless the program director determines that--
       ``(A) a public-private partnership exists at the community 
     level to carry out the community's proposal;
       ``(B) the community will make a substantial financial 
     contribution that is appropriate for that community's 
     resources, but of not less than 25 percent of the cost of the 
     project in any event;
       ``(C) the community has established an open process for 
     soliciting air service proposals; and
       ``(D) the community will accord similar benefits to air 
     carriers that are similarly situated.
       ``(2) Amount.--The program director may not obligate more 
     than [$30,000,000] $80,000,000 of the amounts authorized 
     under 504 of the Air Transportation Improvement Act over the 
     4 years of the program.
       ``(3) Number of participants.--The program established 
     under subsection (a) shall not involve more than 40 
     communities or consortia of communities.
       ``(f) Report.--The program director shall report through 
     the Secretary to the Congress annually on the progress made 
     under this section during the preceding year in expanding 
     commercial aviation service to smaller communities.

     ``Sec. 41744. Pilot program project authority

       ``(a) In General.--The program director designated by the 
     Secretary of Transportation under section 102(g)(1) shall 
     establish a 4-year pilot program--
       ``(1) to assist communities and States with inadequate 
     access to the national transportation system to improve their 
     access to that system; and
       ``(2) to facilitate better air service link-ups to support 
     the improved access.
       ``(b) Project Authority.--Under the pilot program 
     established pursuant to subsection (a), the program director 
     may--

[[Page 23673]]

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

     ``Sec. 41745. Assistance to communities for service

       ``(a) In General.--Financial assistance provided under 
     section 41743 during any fiscal year as part of the pilot 
     program established under section 41744(a) shall be 
     implemented for not more than--
       ``(1) 4 communities within any State at any given time; and
       ``(2) 40 communities in the entire program at any time.
     For purposes of this subsection, a consortium of communities 
     shall be treated as a single community.
       ``(b) Eligibility.--In order to participate in a pilot 
     project under this subchapter, a State, community, or group 
     of communities shall apply to the Secretary in such form and 
     at such time, and shall supply such information, as the 
     Secretary may require, and shall demonstrate to the 
     satisfaction of the Secretary that--
       ``(1) the applicant has an identifiable need for access, or 
     improved access, to the national air transportation system 
     that would benefit the public;
       ``(2) the pilot project will provide material benefits to a 
     broad section of the travelling public, businesses, 
     educational institutions, and other enterprises whose access 
     to the national air transportation system is limited;
       ``(3) the pilot project will not impede competition; and
       ``(4) the applicant has established, or will establish, 
     public-private partnerships in connection with the pilot 
     project to facilitate service to the public.
       ``(c) Coordination with Other Provisions of Subchapter.--
     The Secretary shall carry out the 4-year pilot program 
     authorized by this subchapter in such a manner as to 
     complement action taken under the other provisions of this 
     subchapter. To the extent the Secretary determines to be 
     appropriate, the Secretary may adopt criteria for 
     implementation of the 4-year pilot program that are the same 
     as, or similar to, the criteria developed under the preceding 
     sections of this subchapter for determining which airports 
     are eligible under those sections. The Secretary shall also, 
     to the extent possible, provide incentives where no direct, 
     viable, and feasible alternative service exists, taking into 
     account geographical diversity and appropriate market 
     definitions.
       ``(d) Maximization of Participation.--The Secretary shall 
     structure the program established pursuant to section 
     41744(a) in a way designed to--
       ``(1) permit the participation of the maximum feasible 
     number of communities and States over a 4-year period by 
     limiting the number of years of participation or otherwise; 
     and
       ``(2) obtain the greatest possible leverage from the 
     financial resources available to the Secretary and the 
     applicant by--
       ``(A) progressively decreasing, on a project-by-project 
     basis, any Federal financial incentives provided under this 
     chapter over the 4-year period; and
       ``(B) terminating as early as feasible Federal financial 
     incentives for any project determined by the Secretary after 
     its implementation to be--
       ``(i) viable without further support under this subchapter; 
     or
       ``(ii) failing to meet the purposes of this chapter or 
     criteria established by the Secretary under the pilot 
     program.
       ``(e) Success Bonus.--If Federal financial incentives to a 
     community are terminated under subsection (d)(2)(B) because 
     of the success of the program in that community, then that 
     community may receive a one-time incentive grant to ensure 
     the continued success of that program.
       ``(f) Program To Terminate in 4 Years.--No new financial 
     assistance may be provided under this subchapter for any 
     fiscal year beginning more than 4 years after the date of 
     enactment of the Air Transportation Improvement Act.

     ``Sec. 41746. Additional authority

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

     ``Sec. 41747. Air traffic control services pilot program

       ``(a) In General.--To further facilitate the use of, and 
     improve the safety at, small airports, the Administrator of 
     the Federal Aviation Administration shall establish a pilot 
     program to contract for Level I air traffic control services 
     at 20 facilities not eligible for participation in the 
     Federal Contract Tower Program.
       ``(b) Program Components.--In carrying out the pilot 
     program established under subsection (a), the Administrator 
     may--
       ``(1) utilize current, actual, site-specific data, forecast 
     estimates, or airport system plan data provided by a facility 
     owner or operator;
       ``(2) take into consideration unique aviation safety, 
     weather, strategic national interest, disaster relief, 
     medical and other emergency management relief services, 
     status of regional airline service, and related factors at 
     the facility;
       ``(3) approve for participation any facility willing to 
     fund a pro rata share of the operating costs used by the 
     Federal Aviation Administration to calculate, and, as 
     necessary, a 1:1 benefit-to-cost ratio, as required for 
     eligibility under the Federal Contract Tower Program; and
       ``(4) approve for participation no more than 3 facilities 
     willing to fund a pro rata share of construction costs for an 
     air traffic control tower so as to achieve, at a minimum, a 
     1:1 benefit-to-cost ratio, as required for eligibility under 
     the Federal Contract Tower Program, and for each of such 
     facilities the Federal share of construction costs does not 
     exceed $1,000,000.
       ``(c) Report.--One year before the pilot program 
     established under subsection (a) terminates, the 
     Administrator shall report to the Congress on the 
     effectiveness of the program, with particular emphasis on the 
     safety and economic benefits provided to program participants 
     and the national air transportation system.''.
       (b) Conforming Amendment.--The chapter analysis for 
     subchapter II of chapter 417 is amended by inserting after 
     the item relating to section 41742 the following:

``41743. Air service program for small communities.
``41744. Pilot program project authority.
``41745. Assistance to communities for service.
``41746. Additional authority.
``41747. Air traffic control services pilot program.''.

       (c) Waiver of Local Contribution.--Section 41736(b) is 
     amended by inserting after paragraph (4) the following:
     ``Paragraph (4) does not apply to any community approved for 
     service under this section during the period beginning 
     October 1, 1991, and ending December 31, 1997.''.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation such 
     sums as may be necessary to carry out section 41747 of title 
     49, United States Code.

     SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

       [To carry out sections 41743 through 41746 of title 49, 
     United States Code, for the 4 fiscal-year period beginning 
     with fiscal year 2000--
       [(1) there are authorized to be appropriated to the 
     Secretary of Transportation not more than $10,000,000; and
       [(2) not more than $20,000,000 shall be made available, if 
     available, to the Secretary for obligation and expenditure 
     out of the account established under section 45303(a) of 
     title 49, United States Code.
     [To the extent that amounts are not available in such 
     account, there are authorized to be appropriated such sums as 
     may be necessary to provide the amount authorized to be 
     obligated under paragraph (2) to carry out those sections for 
     that 4 fiscal-year period.]
       There are authorized to be appropriated to the Secretary of 
     Transportation $80,000,000 to carry out sections 41743 
     through 41746 of title 49, United States Code, for the 4 
     fiscal-year period beginning with fiscal year 2000.

     SEC. 505. MARKETING PRACTICES.

       Section 41712 is amended by--
       (1) inserting ``(a) In General.--'' before ``On''; and
       (2) adding at the end thereof the following:
       ``(b) Marketing Practices That Adversely Affect Service to 
     Small or Medium Communities.--Within 180 days after the date 
     of enactment of the Air Transportation Improvement Act, the 
     Secretary shall review the marketing practices of air 
     carriers that may inhibit the availability of

[[Page 23674]]

     quality, affordable air transportation services to small and 
     medium-sized communities, including--
       ``(1) marketing arrangements between airlines and travel 
     agents;
       ``(2) code-sharing partnerships;
       ``(3) computer reservation system displays;
       ``(4) gate arrangements at airports;
       ``(5) exclusive dealing arrangements; and
       ``(6) any other marketing practice that may have the same 
     effect.
       ``(c) Regulations.--If the Secretary finds, after 
     conducting the review required by subsection (b), that 
     marketing practices inhibit the availability of such service 
     to such communities, then, after public notice and an 
     opportunity for comment, the Secretary [shall] may promulgate 
     regulations that address the [problem.''.] problem, or take 
     other appropriate action. Nothing in this section expands the 
     authority or juridiction of the Secretary to promulgate 
     regulations under the Federal Aviation Act or under any other 
     Act.''.

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

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

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

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

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

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

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

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

       ``(a) Beyond-Perimeter Exemptions.--The Secretary shall by 
     order grant exemptions from the application of sections 
     49104(a)(5), 49109, 49111(e), and 41714 of this title to air 
     carriers to operate limited frequencies and aircraft on 
     select routes between Ronald Reagan Washington National 
     Airport and domestic hub airports of such carriers and 
     exemptions from the requirements of subparts K and S of part 
     93, Code of Federal Regulations, if the Secretary finds that 
     the exemptions will--
       ``(1) provide air transportation service with domestic 
     network benefits in areas beyond the perimeter described in 
     that section;
       ``(2) increase competition by new entrant air carriers or 
     in multiple markets;
       ``(3) not reduce travel options for communities served by 
     small hub airports and medium hub airports within the 
     perimeter described in section 49109 of title 49, United 
     States Code; and
       ``(4) not result in meaningfully increased travel delays.
       ``(b) Within-Perimeter Exemptions.--The Secretary shall by 
     order grant exemptions from the requirements of sections 
     49104(a)(5), 49111(e), and 41714 of this title and subparts K 
     and S of part 93 of title 14, Code of Federal Regulations, to 
     commuter air carriers for service to airports with fewer than 
     2,000,000 annual enplanements within the perimeter 
     established for civil aircraft operations at Ronald Reagan 
     Washington National Airport under section 49109. The 
     Secretary shall develop criteria for distributing slot 
     exemptions for flights within the perimeter to such airports 
     under this paragraph in a manner consistent with the 
     promotion of air transportation.
       ``(c) Limitations.--
       ``(1) Stage 3 aircraft required.--An exemption may not be 
     granted under this section with respect to any aircraft that 
     is not a Stage 3 aircraft (as defined by the Secretary).
       ``(2) General exemptions.--The exemptions granted under 
     subsections (a) and (b) may not increase the number of 
     operations at Ronald Reagan Washington National Airport in 
     any 1-hour period during the hours between 7:00 a.m. and 9:59 
     p.m. by more than [2] 3 operations.''.
       ``(3) Additional exemptions.--The Secretary shall grant 
     exemptions under subsections (a) and (b) that--
       ``(A) will result in [12] 24 additional daily air carrier 
     slot exemptions at such airport for long-haul service beyond 
     the perimeter;
       ``(B) will result in 12 additional daily commuter slot 
     exemptions at such airport; and
       ``(C) will not result in additional daily commuter slot 
     exemptions for service to any within-the-perimeter airport 
     that [is not smaller than a large hub airport (as defined in 
     section 47134(d)(2)).] has 2,000,000 or fewer annual 
     enplanements.
       ``(4) Assessment of safety, noise and environmental 
     impacts.--The Secretary shall assess the impact of granting 
     exemptions, including the impacts of the additional slots and 
     flights at Ronald Reagan Washington National Airport provided 
     under subsections (a) and (b) on safety, noise levels and the 
     environment within 90 days of the date of the enactment of 
     this Act. The environmental assessment shall be carried out 
     in accordance with parts 1500-1508 of title 40, Code of 
     Federal Regulations. Such environmental assessment shall 
     include a public meeting.
       ``(5) Applicability with exemption 5133.--Nothing in this 
     section affects Exemption No. 5133, as from time-to-time 
     amended and [extended.''.] extended.
       ``(d) Additional Within-perimeter Slot Exemptions at Ronald 
     Reagan Washington National Airport.--The Secretary shall by 
     order grant 12 slot exemptions from the requirements of 
     sections 49104(a)(5), 49111(e), and 41714 of this title and 
     subparts K and S of part 93 of title 14, Code of Federal 
     Regulations, to air carriers for flights to airports within 
     the perimeter established for civil aircraft operations at 
     Ronald

[[Page 23675]]

     Reagan Washington National Airport under section 49109. The 
     Secretary shall develop criteria for distributing slot 
     exemptions for flights within the perimeter to such airports 
     under this subsection in a manner consistent with the 
     promotion of air transportation.''.
       (b) Override of MWAA Restriction.--Section 49104(a)(5) is 
     amended by adding at the end thereof the following:
       ``(D) Subparagraph (C) does not apply to any increase in 
     the number of instrument flight rule takeoffs and landings 
     necessary to implement exemptions granted by the Secretary 
     under section 41719.''.
       (c) MWAA Noise-Related Grant Assurances.--
       (1) In general.--In addition to any condition for approval 
     of an airport development project that is the subject of a 
     grant application submitted to the Secretary of 
     Transportation under chapter 471 of title 49, United States 
     Code, by the Metropolitan Washington Airports Authority, the 
     Authority shall be required to submit a written assurance 
     that, for each such grant made to the Authority for fiscal 
     year 2000 or any subsequent fiscal year--
       (A) the Authority will make available for that fiscal year 
     funds for noise compatibility planning and programs that are 
     eligible to receive funding under chapter 471 of title 49, 
     United States Code, in an amount not less than 10 percent of 
     the aggregate annual amount of financial assistance provided 
     to the Authority by the Secretary as grants under chapter 471 
     of title 49, United States Code; and
       (B) the Authority will not divert funds from a high 
     priority safety project in order to make funds available for 
     noise compatibility planning and programs.
       (2) Waiver.--The Secretary of Transportation may waive the 
     requirements of paragraph (1) for any fiscal year for which 
     the Secretary determines that the Metropolitan Washington 
     Airports Authority is in full compliance with applicable 
     airport noise compatibility planning and program requirements 
     under part 150 of title 14, Code of Federal Regulations.
       (3) Sunset.--This subsection shall cease to be in effect 5 
     years after the date of enactment of this Act, if on that 
     date the Secretary of Transportation certifies that the 
     Metropolitan Washington Airports Authority has achieved full 
     compliance with applicable noise compatibility planning and 
     program requirements under part 150 of title 14, Code of 
     Federal Regulations.
       (d) Noise Compatibility Planning and Programs.--Section 
     47117(e) is amended by adding at the end the following:
       ``(3) The Secretary shall give priority in making grants 
     under paragraph (1)(A) to applications for airport noise 
     compatibility planning and programs at and around airports 
     where operations increase under title V of the Air 
     Transportation Improvement Act and the amendments made by 
     that title.''.
       (e) Conforming Amendments.--
       (1) Section 49111 is amended by striking subsection (e).
       (2) The chapter analysis for subchapter I of chapter 417, 
     as amended by section 506(b) of this Act, is amended by 
     adding at the end thereof the following:

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

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

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

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

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

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

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

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

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

     SEC. 510. REGIONAL AIR SERVICE INCENTIVE OPTIONS.

       (a) Purpose.--The purpose of this section is to provide the 
     Congress with an analysis of means to improve service by jet 
     aircraft to underserved markets by authorizing a review of 
     different programs of Federal financial assistance, including 
     loan guarantees like those that would have been provided for 
     by section 2 of S. 1353, 105th Congress, as introduced, to 
     commuter air carriers that would purchase regional jet 
     aircraft for use in serving those markets.
       (b) Study.--The Secretary of Transportation shall study the 
     efficacy of a program of Federal loan guarantees for the 
     purchase of regional jets by commuter air carriers. The 
     Secretary shall include in the study a review of options for 
     funding, including alternatives to Federal funding. In the 
     study, the Secretary shall analyze--
       (1) the need for such a program;
       (2) its potential benefit to small communities;
       (3) the trade implications of such a program;
       (4) market implications of such a program for the sale of 
     regional jets;
       (5) the types of markets that would benefit the most from 
     such a program;
       (6) the competititve implications of such a program; and
       (7) the cost of such a program.
       (c) Report.--The Secretary shall submit a report of the 
     results of the study to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure not later than 
     24 months after the date of enactment of this Act.

     SEC. 511. GAO STUDY OF AIR TRANSPORTATION NEEDS.

       The General Accounting Office shall conduct a study of the 
     current state of the national airport network and its ability 
     to meet the air transportation needs of the United States 
     over the next 15 years. The study shall include airports 
     located in remote communities and reliever airports. In 
     assessing the effectiveness of the system the Comptroller 
     General may consider airport runway length of 5,500 feet or 
     the equivalent altitude-adjusted length, air traffic control 
     facilities, and navigational aids.
                  TITLE VI--NATIONAL PARKS OVERFLIGHTS

     SEC. 601. FINDINGS.

       The Congress finds that--
       (1) the Federal Aviation Administration has sole authority 
     to control airspace over the United States;
       (2) the Federal Aviation Administration has the authority 
     to preserve, protect, and enhance the environment by 
     minimizing, mitigating, or preventing the adverse effects of 
     aircraft overflights on the public and tribal lands;
       (3) the National Park Service has the responsibility of 
     conserving the scenery and

[[Page 23676]]

     natural and historic objects and wildlife in national parks 
     and of providing for the enjoyment of the national parks in 
     ways that leave the national parks unimpaired for future 
     generations;
       (4) the protection of tribal lands from aircraft 
     overflights is consistent with protecting the public health 
     and welfare and is essential to the maintenance of the 
     natural and cultural resources of Indian tribes;
       (5) the National Parks Overflights Working Group, composed 
     of general aviation, air tour, environmental, and Native 
     American representatives, recommended that the Congress enact 
     legislation based on its consensus work product; and
       (6) this title reflects the recommendations made by that 
     Group.

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

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

     ``Sec. 40126. Overflights of national parks

       ``(a) In General.--
       ``(1) General requirements.--A commercial air tour operator 
     may not conduct commercial air tour operations over a 
     national park or tribal lands except--
       ``(A) in accordance with this section;
       ``(B) in accordance with conditions and limitations 
     prescribed for that operator by the Administrator; and
       ``(C) in accordance with any effective air tour management 
     plan for that park or those tribal lands.
       ``(2) Application for operating authority.--
       ``(A) Application required.--Before commencing commercial 
     air tour operations over a national park or tribal lands, a 
     commercial air tour operator shall apply to the Administrator 
     for authority to conduct the operations over that park or 
     those tribal lands.
       ``(B) Competitive bidding for limited capacity parks.--
     Whenever a commercial air tour management plan limits the 
     number of commercial air tour flights over a national park 
     area during a specified time frame, the Administrator, in 
     cooperation with the Director, shall authorize commercial air 
     tour operators to provide such service. The authorization 
     shall specify such terms and conditions as the Administrator 
     and the Director find necessary for management of commercial 
     air tour operations over the national park. The 
     Administrator, in cooperation with the Director, shall 
     develop an open competitive process for evaluating proposals 
     from persons interested in providing commercial air tour 
     services over the national park. In making a selection from 
     among various proposals submitted, the Administrator, in 
     cooperation with the Director, shall consider relevant 
     factors, including--
       ``(i) the safety record of the company or pilots;
       ``(ii) any quiet aircraft technology proposed for use;
       ``(iii) the experience in commercial air tour operations 
     over other national parks or scenic areas;
       ``(iv) the financial capability of the company;
       ``(v) any training programs for pilots; and
       ``(vi) responsiveness to any criteria developed by the 
     National Park Service or the affected national park.
       ``(C) Number of operations authorized.--In determining the 
     number of authorizations to issue to provide commercial air 
     tour service over a national park, the Administrator, in 
     cooperation with the Director, shall take into consideration 
     the provisions of the air tour management plan, the number of 
     existing commercial air tour operators and current level of 
     service and equipment provided by any such companies, and the 
     financial viability of each commercial air tour operation.
       ``(D) Cooperation with nps.--Before granting an application 
     under this paragraph, the Administrator shall, in cooperation 
     with the Director, develop an air tour management plan in 
     accordance with subsection (b) and implement such plan.
       ``(E) Time limit on response to atmp applications.--The 
     Administrator shall act on any such application and issue a 
     decision on the application not later than 24 months after it 
     is received or amended.
       ``(3) Exception.--Notwithstanding paragraph (1), commercial 
     air tour operators may conduct commercial air tour operations 
     over a national park under part 91 of the Federal Aviation 
     Regulations (14 CFR 91.1 et seq.) if--
       ``(A) such activity is permitted under part 119 (14 CFR 
     119.1(e)(2));
       ``(B) the operator secures a letter of agreement from the 
     Administrator and the national park superintendent for that 
     national park describing the conditions under which the 
     flight operations will be conducted; and
       ``(C) the total number of operations under this exception 
     is limited to not more than 5 flights in any 30-day period 
     over a particular park.
       ``(4) Special rule for safety requirements.--
     Notwithstanding subsection (c), an existing commercial air 
     tour operator shall, not later than 90 days after the date of 
     enactment of the Air Transportation Improvement Act, apply 
     for operating authority under part 119, 121, or 135 of the 
     Federal Aviation Regulations (14 CFR Pt. 119, 121, or 135). A 
     new entrant commercial air tour operator shall apply for such 
     authority before conducting commercial air tour operations 
     over a national park or tribal lands.
       ``(b) Air Tour Management Plans.--
       ``(1) Establishment of atmps.--
       ``(A) In general.--The Administrator shall, in cooperation 
     with the Director, establish an air tour management plan for 
     any national park or tribal land for which such a plan is not 
     already in effect whenever a person applies for authority to 
     operate a commercial air tour over the park. The development 
     of the air tour management plan is to be a cooperative 
     undertaking between the Federal Aviation Administration and 
     the National Park Service. The air tour management plan shall 
     be developed by means of a public process, and the agencies 
     shall develop information and analysis that explains the 
     conclusions that the agencies make in the application of the 
     respective criteria. Such explanations shall be included in 
     the Record of Decision and may be subject to judicial review.
       ``(B) Objective.--The objective of any air tour management 
     plan shall be to develop acceptable and effective measures to 
     mitigate or prevent the significant adverse impacts, if any, 
     of commercial air tours upon the natural and cultural 
     resources and visitor experiences and tribal lands.
       ``(2) Environmental determination.--In establishing an air 
     tour management plan under this subsection, the Administrator 
     and the Director shall each sign the environmental decision 
     document required by section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332) which may 
     include a finding of no significant impact, an environmental 
     assessment, or an environmental impact statement, and the 
     Record of Decision for the air tour management plan.
       ``(3) Contents.--An air tour management plan for a national 
     park--
       ``(A) may prohibit commercial air tour operations in whole 
     or in part;
       ``(B) may establish conditions for the conduct of 
     commercial air tour operations, including commercial air tour 
     routes, maximum or minimum altitudes, time-of-day 
     restrictions, restrictions for particular events, maximum 
     number of flights per unit of time, intrusions on privacy on 
     tribal lands, and mitigation of noise, visual, or other 
     impacts;
       ``(C) shall apply to all commercial air tours within \1/2\ 
     mile outside the boundary of a national park;
       ``(D) shall include incentives (such as preferred 
     commercial air tour routes and altitudes, relief from caps 
     and curfews) for the adoption of quiet aircraft technology by 
     commercial air tour operators conducting commercial air tour 
     operations at the park;
       ``(E) shall provide for the initial allocation of 
     opportunities to conduct commercial air tours if the plan 
     includes a limitation on the number of commercial air tour 
     flights for any time period; and
       ``(F) shall justify and document the need for measures 
     taken pursuant to subparagraphs (A) through (E).
       ``(4) Procedure.--In establishing a commercial air tour 
     management plan for a national park, the Administrator and 
     the Director shall--
       ``(A) initiate at least one public meeting with interested 
     parties to develop a commercial air tour management plan for 
     the park;
       ``(B) publish the proposed plan in the Federal Register for 
     notice and comment and make copies of the proposed plan 
     available to the public;
       ``(C) comply with the regulations set forth in sections 
     1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal 
     Regulations (for purposes of complying with those 
     regulations, the Federal Aviation Administration is the lead 
     agency and the National Park Service is a cooperating 
     agency); and
       ``(D) solicit the participation of any Indian tribe whose 
     tribal lands are, or may be, overflown by aircraft involved 
     in commercial air tour operations over a national park or 
     tribal lands, as a cooperating agency under the regulations 
     referred to in paragraph (4)(C).
       ``(5) Amendments.--Any amendment of an air tour management 
     plan shall be published in the Federal Register for notice 
     and comment. A request for amendment of an air tour 
     management plan shall be made in such form and manner as the 
     Administrator may prescribe.
       ``(c) Interim Operating Authority.--
       ``(1) In general.--Upon application for operating 
     authority, the Administrator shall grant interim operating 
     authority under this paragraph to a commercial air tour 
     operator for a national park or tribal lands for which the 
     operator is an existing commercial air tour operator.
       ``(2) Requirements and limitations.--Interim operating 
     authority granted under this subsection--
       ``(A) shall provide annual authorization only for the 
     greater of--
       ``(i) the number of flights used by the operator to provide 
     such tours within the 12-month period prior to the date of 
     enactment of the Air Transportation Improvement Act; or
       ``(ii) the average number of flights per 12-month period 
     used by the operator to provide such tours within the 36-
     month period prior

[[Page 23677]]

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

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

     SEC. 603. ADVISORY GROUP.

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

[[Page 23678]]

       (e) Report.--The Administrator and the Director shall 
     jointly report to the Congress within 24 months after the 
     date of enactment of this Act on the success of this title in 
     providing incentives for quiet aircraft technology.

     SEC. 604. OVERFLIGHT FEE REPORT.

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

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

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

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

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

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

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

  The PRESIDING OFFICER. The Senator from Washington is recognized.
  Mr. GORTON. Mr. President, this afternoon the Senate begins 
consideration of a bill that will, if and when enacted, affect the 
constituents of every single Member of this body. An efficient air 
transportation system is critical not only to our commute home every 
weekend but, on a larger scale, to the functioning of a national and 
global economy.
  The U.S. economy is becoming increasingly dependent upon a safe and 
efficient national air transportation system. Without a sound aviation 
infrastructure, the enormous flow of goods and services across the 
nation and over the oceans would slow to a trickle. Unfortunately, the 
air traffic delays experienced this past summer seem to be the first 
signs that the system is reaching its limits. It is vital, therefore, 
that Congress acts now to keep this essential form of transportation on 
a solid foundation.
  S. 82, the Air Transportation Improvement Act, would reauthorize the 
programs of the Federal Aviation Administration (FAA), including the 
Airport Improvement Program (AIP), which expired last Friday. The AIP 
provides federal grants to support the capital needs of the nation's 
commercial airports and general aviation facilities. S. 82 establishes 
contract authority for the program. Without this authority in place, 
the FAA cannot distribute airport grants, regardless of whether an AIP 
appropriation is in place. It is imperative that airports receive the 
support that they need to operate both safely and efficiently.
  In addition to grants for airport development, S. 82 includes 
numerous provisions designed to enhance aviation safety, to improve 
competition and service in the aviation industry, and to address the 
issue of commercial air tour flights over national parks.
  On behalf of the aviation leadership of the Commerce Committee, I am 
offering an amendment in the nature of a substitute to S. 82. This 
managers' amendment does not dramatically change the provisions of the 
bill as it was reported. Rather, it makes technical changes and 
incorporates aviation-related provisions requested by many of our 
colleagues. The one notable difference between the bill as reported and 
as modified by the managers' amendment, is that the new version 
lengthens the term of the bill so that authorizations would be provided 
through fiscal year 2002.
  At this point, let me take a moment to summarize some of the major 
provisions of the substitute amendment:
  Title I provides 3-year authorizations for the AIP, the Facilities 
and Equipment account (F&E), and the Operations account. [Unlike the 
reported bill, S. 82 also includes an authorization for the FAA's 
Research, Engineering and Development (RE&D) account.]
  Title II would amend various provisions of the Airport Improvement 
Program. Although the current allocation formulas for AIP monies would 
remain essentially the same, there are a few differences. For example, 
the set-aside for noise mitigation would increase from 31 percent to 35 
percent. Another change would increase from $500,000 to $650,000 the 
minimum amount of entitlement funds that an eligible airport receives 
each year.
  As recommended by the DOT Inspector General, airports would be 
required to use their entitlement funds for their highest priority 
projects before using them on lower priority projects. Title II also 
includes numerous technical amendments requested by the Administration.
  Title II also establishes a five-year pilot program to allow more 
airports to have the benefit of air traffic control services. This 
pilot program would be akin to the existing contract tower program. The 
difference being that an airport would bear part of the costs of a 
contract tower if it does not meet the benefit/cost ratio established 
for the regular program.
  Title III includes several technical and substantive amendments to 
current aviation law. The key provisions would do the following:
  Give the FAA the authority to establish consortia of government and 
aviation industry representatives at individual airports to provide 
advice on aviation security and safety.
  Give the FAA broader authority to determine when a criminal history 
record check is warranted for persons performing security screening of 
passengers and cargo.
  Reauthorize the ``War Risk'' aviation insurance program and implement 
an FAA suggestion to ensure timely payment of claims under the program.
  Make it a crime for someone to pilot a commercial aircraft without a 
valid certificate.
  Title IV includes a wide variety of provisions, all of which are 
intended to improve aviation safety, security, or efficiency. Notable 
provisions would do the following:
  Require collision avoidance equipment to be installed on cargo 
aircraft.
  Require more aircraft to be equipped with emergency locator 
transmitters.
  Prohibit anyone convicted of a crime involving bogus aviation parts 
from working in the industry or obtaining a certificate from the FAA.
  Give the FAA authority to impose fines on unruly passengers.
  Require the DOT to step up its enforcement of laws and regulations 
related to the treatment of disabled passengers.
  Require the FAA to accelerate its rulemaking on a program under which 
airlines and their crews share operational information. This new source 
of information may assist safety experts in identifying potential 
problems before they cause accidents.
  Require the FAA to develop a plan to implement the Wide Area 
Augmentation System (WAAS), which enables aircraft to use the Global 
Positioning System for navigation.
  Require the DOT Inspector General to initiate an independent 
validation and assessment of the FAA's cost accounting system, which is 
currently under development.
  Title V contains provisions intended to promote aviation competition 
and service. Key provisions include the following:
  A five-year pilot program would be created to help small communities 
attract improved air service. It is designed to facilitate incentives 
and projects that will help communities improve their air access to 
business

[[Page 23679]]

markets, through public-private partnerships.
  The bill as approved by the Commerce Committee also includes several 
provisions dealing with slot controls for high-density airports and the 
perimeter rule at Reagan National Airport. Although the managers' 
amendment does not alter those provisions as they came out of 
committee, we will soon offer an amendment to replace them with a 
compromise redraft. That amendment has been crafted to accommodate the 
concerns of several Senators.
  One notable difference is, the number of slot exemptions at Reagan 
National will be reduced from 48 to 24. Another change is that the high 
density rule will eventually cease to apply to all of the slot control 
airports, with the exception of Reagan National. Before the slot 
controls are eliminated, access to the airports will be broadened for 
regional jet air service to smaller communities and new infant 
airlines.
  Title VI contains consensus legislation developed by Chairman McCain 
to regulate the overflight of national parks by air tour operators.
  Title VII contains entirely technical amendments to address 
recodification and other errors in title 49 of the United States Code.
  Title VIII contains new provisions that transfer the aeronautic 
charting activities of the National Oceanographic and Atmospheric 
Administration to the FAA.
  The passage of this bill is crucial. We have a duty to the American 
people to provide support to the national air transportation system. 
Air travel and the aviation-related industries are a fundamental part 
of our social and economic structure, and their response will continue 
to grow. The Congress may play only one part in the overall workings of 
this system, but it is an essential part.
  The Air Transportation Improvement Act gives an opportunity to renew 
commitment to the future of this country. I strongly urge my colleagues 
to support S. 82.
  Before we start the amendments and begin debate, I note with great 
pleasure the presence of my friend and colleague, the Senator from West 
Virginia. Senator Rockefeller and I are often together on one cause or 
another. The Senator is responsible for many of the good things that 
are included in this bill, which is the result of a true partnership.
  I yield the floor.
  Mr. ROCKEFELLER. I thank my distinguished colleague for those very 
generous comments. I feel no obligation to argue with him at this 
point. He and I have been on the floor many times before, sometimes 
successful, sometimes not. Today and tomorrow we hope to be more 
successful. Always I rely on the intelligence and the articulation of 
the good Senator from the State of Washington.
  We are dealing with a new bill and a substitute for it which will 
come up shortly. Ordinarily in these matters, one doesn't talk about 
either Senators or staff or anybody else until everything is over. 
However, I think it would actually set a good tone for this debate if I 
thanked a few of my colleagues upfront. One, it may put them in a 
better mood; two, it will discharge a duty which I believe I have.
  I have been very frustrated by this whole process because it has 
taken a long time and I don't like temporary extensions. We have had a 
history of short-term extensions. The FAA has suffered, the airports 
have suffered, my State has suffered, the Senator's State has suffered, 
a lot of it during the course of this past year.
  My frustration spilled over as far as the junior Senator from West 
Virginia is concerned a few weeks ago when I came to the Senate floor 
and poured out my frustrations about the whole troubled state of our 
air traffic control system and the potential impact on our national 
economy, as well as the impact on my State and a lot of other things 
which I characterize as being fairly scary in terms of delays and 
congestion on what I consider to be an already enormously overburdened 
system. I am frightened about the prospects for the future. What we 
will do today is by no means the end of what we must do in the future.
  Today I am feeling very good. It is very good to be on the floor. We 
are on the floor for a reason. We are on the floor introducing the Air 
Transportation Improvement Act of 1999, which we all know and love as 
the FAA and AIP reauthorization act.
  The chairman of the Commerce Committee, John McCain, and the ranking 
member, Fritz Hollings, have been working around the clock with Senator 
Gorton and myself--the latter two being on the Aviation Subcommittee--
to work out a number of long, lingering conflicts, some of which still 
linger but most of which do not with respect to this bill.
  The majority leader and the Democratic leader were both extremely 
helpful and were very personally involved, showing their strong 
commitment to aviation by finding time in a very busy fall schedule. I 
do not know how long it will last, but a potential 2 days is generous, 
and I respect and appreciate that.
  A whole host of other Senators have constituents who care enormously 
about this whole question from a variety of points of view--access to 
air service, lack of access to air service, noise, all kinds of other 
issues--and have been willing to roll up their sleeves and work very 
hard to find a compromise. I want to name some: Senator Schumer; the 
Iowa Senators, Harkin and Grassley; Senator Wyden from Oregon; the 
Virginia Senators, both Robb and Warner; the Illinois Senators, both 
Durbin and Fitzgerald. Everyone has had to give a little, and it hasn't 
been easy. I hope everyone has also gotten a little, and, in some 
cases, some have gotten quite a lot.
  First, I extend my thanks to my colleagues and to the leadership for 
putting the Senate in a situation for a fair debate. We have at least 
gone this far. There is a lot of work to do, but first things first. As 
we begin Senate consideration of the FAA reauthorization bill, I am 
optimistic we can proceed in good order. I think we can do this in a 
couple of days.
  I tend to think at a fundamental level the cooperation and hard work 
I have seen reflects a deep and abiding sense of responsibility on the 
part of my colleagues, which they can hardly ignore in the first place, 
for the continued safety and efficiency of our aviation system and the 
condition of our air traffic control system which is unknown to most 
but ought to be feared by all.
  We have a number of issues to debate here, some of which, as I 
indicated, are still in controversy. The vast majority--and I think my 
colleague will agree--have been fully worked out and have been agreed 
to on all sides. ``All sides'' become very important words. Not all, 
but a majority.
  Aviation, as my ranking chairman indicated, is a proven engine of 
economic growth in this country. People don't think of it that way. 
Similar to universities, sometimes people think of them in different 
ways. It is an enormous economic engine. Each day, 2 million people 
travel on U.S. commercial airlines and a quarter of million do the same 
thing on smaller, private planes that transport people for business. 
Sometimes they do it simply for the sheer pleasure of flying.
  Every day and night, U.S. airlines carry more than 10 million 
packages and overnight letters. Every day, more than 10 million 
Americans go to work in aviation-related businesses. Ten million 
Americans? Yes. That makes America among the largest manufacturing 
exporters of any enterprise. To the great credit of the aviation 
industry and the Federal Aviation Administration, projected growth for 
aviation is unparalleled. Within 10 years, U.S. airlines will be 
carrying more than 1 billion passengers each year; that is up more than 
50 percent from the records that were carried last year. The number of 
aircraft in the air, on the ground, moving about, will increase by 50 
percent in the next decade. That can make you happy; that can also make 
you nervous.
  The regional fleet, which is something I care about enormously, 
because that is the connection in the whole hub

[[Page 23680]]

and spoke system, a connection which is very important, will grow by 
more than 40 percent. Worldwide, air cargo will more than triple. These 
are incredible figures, projections of which the FAA and the industry 
can and should be very proud.
  Of course, there is a catch. We have to be able to handle this air 
traffic, and we have to be able to handle it safely, in order to 
realize this growth. By most accounts at the FAA and at airports across 
the Nation, we are simply not ready to do this. In fact, we are having 
trouble staying on top of the system. With every year and every month 
that we allow ourselves to fall further behind in our modernization 
effort, there are times when one wonders will we ever catch up, will we 
ever understand what it means to put into place a full infrastructure 
for an air traffic control system so we can take this doubling and 
tripling I have talked about before.
  That is why, as Senator Gorton indicated, it is so critical we in 
Congress hold up our end of the bargain by making improvements where we 
can and provide a system with some kind of predictability. The FAA 
reauthorization bill is all about starting to chart a course for 
growth, with a focus on increasing efficiency, improving customer 
service, and facilitating competitive access, all the while staying 
focused on strengthening our strong safety record.
  This is a 4-year authorization bill. It will cost about $45 billion 
in total in aviation funding. That sounds like an enormous sum. It is, 
but it is not. It is because it is. It isn't because it will not do the 
job, but it will help us. It will get us started on the right path.
  Ours is an enormous and complex aviation system. People don't stop to 
think about it. They take it for granted. They did not take it for 
granted when there was enormous traffic congestion to get to the 
Redskin Stadium a couple of weeks ago, and they did take it for granted 
when there seemed to be none yesterday. I wasn't at either game so I 
have no idea. But people tend to take for granted things which they use 
frequently. That is not something we can afford to be doing in 
Congress.
  For now, let me note this $45 billion authorization includes roughly 
$10 billion for airports under the Airport Improvement Program, $24 
billion for the FAA's nearly 50,000 employees and for air traffic 
control operations, and $10 billion for air traffic equipment as part 
of the whole modernization effort.
  Let me share some of the highlights of the bill and the agreed-upon 
committee substitute, which I believe Senator Gorton and I will want to 
introduce momentarily. In terms of changes in aviation law and policy 
and innovative new programs, the package includes some of the 
following: an important agreement worked out with the majority to 
authorize an increase of $500 million for the FAA's Air Traffic Control 
Modernization Program. We are grateful for every $50 million, $100 
million, and $1 billion we can get our hands on.
  Mr. President, $500 million is an increase; it is more than it was, 
and we are glad. There is an emphasis on improving air service to 
something we call small communities, which I imagine would be of 
interest to the Presiding Officer. That increase will take various 
forms such as an increase in the minimum Airport Improvement Program 
entitlement from $500 million to $650 million annually, a new $80 
million pilot project to assist small communities that are struggling 
to restore air service, and an immediate and, hopefully, lasting 
priority for new service opportunities at the four slot-controlled 
airports: O'Hare, LaGuardia, Kennedy, and Reagan National, and a ban on 
smoking on all international flights to and from the United States. 
Here, actually, I give special thanks to the tireless efforts of 
Senator Durbin.
  There is whistle-blower protection for airline and FAA employees so 
none will fear losing their jobs for pointing out safety violations or 
concerns that are pertinent. This is an item Senator Kerrey from 
Nebraska has been preaching on for quite a while. There is a series of 
specific safety improvements such as new runway incursion technologies 
and stronger enforcement of hazardous materials regulations, and a 
significant new agreement on noise and environmental issues arising 
from aircraft that fly over our National Parks. In one case, we have an 
airport in a National Park--only one, thank heavens. This reflects 
several years of very tough negotiations among Senator McCain, Senator 
Bryan, and others.
  In addition, through the amendment process, I know we will be 
considering, and hopefully taking action on, several other very 
important provisions. For example, Senator Gorton and I will offer a 
painstakingly negotiated agreement among all parties for an overhaul of 
the slot rules at the four high-density airports: Reagan National, 
Chicago O'Hare, New York Kennedy, and LaGuardia. Under this deal, the 
slot rules will be phased out over time--phased out over time--in New 
York and Chicago. This was a rather bold idea at the time, put forward, 
actually, by the Secretary of Transportation last spring. Most 
important, from my perspective, these changes offer us an opportunity 
to increase access to these key airports. Once again, I am thinking of 
the constituents of the State of the Presiding Officer, and that is the 
name of the game: Can you get into some of these larger airports? This 
will give an extra boost of service to small communities and to new 
entrant airlines.
  Several of us, further, will join together to offer an amendment to 
protect airline passenger rights--Senator Gorton and I and others will 
do that--to hold the airlines' feet to the fire on their promise to 
improve customer service and to reduce customer complaints. This last 
summer, I thought, was almost historic, not that it seemed to have 
enormous effect but it was a historic example of what happens when you 
get gridlock in the air. People were held up. It was all during the 
summer travel months. That period of time is going to keep growing as 
the congestion grows greater and greater.
  Another amendment Senator Gorton and I will offer will propose 
incremental FAA management reform--that is something we feel very 
strongly about--and an innovative financing piece for air traffic 
equipment.
  Finally, I expect we will see some amendments and debate related to 
airline competition. That will be controversial, the question of 
whether and how we should strengthen Federal competition laws and 
policies as they apply to the airline industry.
  In closing, obviously, there are other important provisions in this 
bill. I will not go through them in full. Suffice it to say, Senator 
Gorton and I believe this is a truly balanced package, an inclusive FAA 
and AIP reauthorization package. There has been a lot of consulting, a 
lot of negotiating--an enormous amount of negotiating. I think it is a 
good bill.
  I am glad to join my colleague, Senator Gorton, in offering the 
committee substitute today on behalf of ourselves, the chairman and 
ranking member, at the appropriate time. I look forward to the debate 
on it.
  I thank the Presiding Officer.
 Mr. McCAIN. Madam President, I wish to express my strong 
opposition to the conference agreement on H.R. 2084, the Fiscal Year 
2000 Transportation Appropriations Bill as recently approved by the 
House and Senate conferees.
  I recognize that there are very important provisions in the 
legislation, sections that appropriate funds for programs vital to the 
safety of the traveling public and our national transportation system 
over all. Yet despite that necessary funding, the legislation once 
again goes overboard on pork barrel spending.
  It is extremely disappointing the conferees chose to meld the 
enormous number of listed projects that were earmarked in the House and 
Senate reports accompanying the transportation appropriations bill this 
year. Many additional projects were also included by the conferees. It 
seems that there is never a dearth of special projects that come to the 
attention of appropriators--even after both chambers have already 
passed their versions of the legislation.

[[Page 23681]]

  One would have thought with the windfall enjoyed by most states due 
to the new budgetary scheme under Transportation Equity Act for the 
21st Century, there would have been less project earmarking, but 
unfortunately that was not the case. And, there always seems to be a 
ready list of towns, airports, universities, or research organizations 
that appropriators want to reward with more money to work on a 
transportation project.
  For example, many airports that failed to be included when the House 
and Senate considered the transportation funding legislation somehow 
managed to be included in the conference agreement. Some of the new 
entrants on the airport funding priority list are the Aurora Municipal 
Airport in Illinois, the Upper Cumberland Regional Airport in 
Tennessee, the Abbeyville Airport in Alabama, and the Eastern West 
Virginia Airport in West Virginia.
  Like some airports, transit projects that failed to make the cut when 
the House and Senate considered their respective funding bills also 
somehow made the cut in the conference report. Further, the conferees 
deemed it necessary to provide specific recommendations to allocate 65 
percent of the dollars set aside for the new jobs access and reverse 
grants program established under TEA-21. And, yet the House 
approprators had acknowledged in the House report accompanying the bill 
that this program was created ``to make competitive grants.'' If the 
funding is to be competitively awarded, why did the conferees find the 
need to provide a listing of 47 specific recipients?
  I have consistently fought Congressional earmarks that direct money 
to particular projects or recipients, believing that such decisions are 
far better made through nationwide competitive, merit-based guidelines 
and procedures. I continue to find this practice an appalling waste of 
taxpayer dollars. Bill after bill, year after year, earmarks continue 
to divert needed federal resources away from more meritorious and 
deserving projects. It is simply unconscionable that Congress condones 
wasting so much of our taxpayers dollars by funneling funds to special 
interest projects while at the same time, so many of our young men and 
women serving in the armed services go underpaid and in some cases, are 
forced to accept food by Congress, have been classic examples.
  Let me share with my colleagues some of the university-related pork. 
$500,000 is provided for Crowder College in Missouri for a truck 
driving center safety initiative. $875,000 is set aside for the 
University of South Alabama to begin a research project on rural 
vehicular trauma victims. $250,000 is set aside for Montana State 
University at Bozeman to pilot real-time diagnostic monitoring of rail 
rolling stock. $250,000 is set aside for the University of Missouri-
Rolla to work on advanced composite materials for use in repairing old 
railroad bridges.
  As I have said previously, I do not question that some--perhaps all--
of this research may be needed, but I do question whether the 
specifically selected universities are the best place to spend taxpayer 
dollars on those projects. It is conceivable that there may be other, 
more experienced entities, that could perform the research--but we will 
never know because earmarking ignores merit-based criteria.
  I vehemently object to the expenditure of scarce transportation funds 
on projects that have not been subject to uniform, objective funding 
criteria. I further object to the expenditure of scarce transportation 
funds on unauthorized programs.
  Section 365 provides $500,000 in grants to the Environmental 
Protection Agency to develop a program that allows employers in certain 
regions to receive credits for reduced vehicle-miles-traveled if that 
employer allows workers to telecommute. Section 365 was not in the 
House-passed bill. Section 365 was not in the Senate-passed bill. There 
have been no hearings on the provision in either the House or the 
Senate. I, for one, believe that the airport and surface transportation 
safety programs could far better use that half a million dollars than 
the Environmental Protection Agency.
  I have asked the following question before and I will continue to on 
other appropriations bills. I ask my colleagues, why are the 
appropriators so reluctant to permit projects to be awarded based on a 
competitive and meritorious process that would be fair for all the 
states and local communities? I ask my colleagues, why are the 
appropriators so quick to slip in provisions creating brand new 
authorizations. I suspect it is due to the fact they may doubt the 
merits and worth of the very projects they are earmarking and of the 
programs they are authorizing.
  I have only mentioned a few of the examples of earmarks and special 
projects contained in this measure and I will not waste the time of the 
Senate going over each and every earmark. However, a detailed listing 
of the many earmarked projects proposed in this bill and committee 
report are available from my office and can also be obtained from my 
website.
  Finally, I would like to express my grave concerns over a provision 
that would prevent certain very critical motor carrier safety functions 
from being administered by the Federal Highway Administration. Such a 
prohibition could be of grave consequence to the road traveling public 
and is short-sighted at best.
  Last year an attempt was made by the House Appropriations Committee 
to strip FHWA from its authority over motor carrier safety matters. As 
Chairman of the Senate Committee on Commerce, Science, and 
Transportation, which has jurisdiction over most federal transportation 
safety policies, including motor carrier and passenger vehicle safety, 
I opposed this proposal, in part because it had never been considered 
by the authorizing committees of jurisdiction. The provision was 
ultimately not enacted and I pledged that I would work to address motor 
carrier safety concerns in this Congress. I have lived up to this 
commitment.
  At my request, the Inspector General of the Department of 
Transportation conducted a comprehensive analysis of federal motor 
carrier safety activities. Serious safety gaps have been identified, 
and as such, the authorizing Committees of jurisdiction have been 
working to move legislation to improve motor carrier safety. The 
Commerce Committee held a hearing on my specific safety proposal and we 
expect to mark up that measure during the next Executive session. 
Indeed, we are working to move legislation through the regular 
legislative process.
  In my opinion, it is very short-sighted and a serious jeopardy to 
public safety if Congress shuts off funds for motor carrier safety 
activities within the Department of Transportation. For example, under 
the conference agreement, the Department would not be permitted to 
access civil penalties for motor carrier safety violations. According 
to DOT, ``this provision would effectively shut down our safety 
enforcement program.'' While I am aware safety improvements are 
necessary and am working to accomplish those needed improvements, 
stipping critical authority is not in the interest of truck safety. I 
would urge the President to veto this legislation due to this unwise 
and unsound provisions and permit the authorization process to proceed 
responsibly.
 Mr. REED. Madam President, I rise to address an issue of great 
importance for our Nation's environment and economic security.
  Today the Senate will pass the fiscal year 2000 Transportation 
Appropriations bill. In that bill, for the fifth year in a row, is a 
House-passed rider that would block the Department of Transportation 
from conducting a legislatively-mandated study of Corporate Average 
Fuel Economy Standards.
  The current CAFE standard for passenger cars is 27.5 miles per 
gallon, while the standard for so-called ``light trucks'', including 
SUVs and minivans, remains at just 20.7 miles per gallon. Today, with 
SUVs and minivans accounting for almost half of all new cars sold in 
the United States, we need to give serious consideration to improving 
fuel economy standards for these vehicles. By doing so, we could cut 
harmful air pollution, help curb global warming, and reduce the amount 
of gasoline

[[Page 23682]]

we consume. The existing CAFE standards save more than 3 million 
barrels of oil every day. Improving these standards, particularly for 
light trucks, is especially important when our nation is importing 
increasing amounts of oil every year.
  For the past four years, Congress has denied the American people 
access to existing technologies that could save them thousands of 
dollars at the gas pump, technologies that the auto industry could 
implement with no reduction in safety, power, or performance.
  The House rider blocking consideration of improved CAFE standards was 
attached to the DOT spending bill without any hearings or debate. While 
I will not object to passage of this important appropriations measure 
today, I want to state in the strongest terms my disappointment, shared 
by many of my colleagues, that the statutory requirement to study ways 
to improve fuel efficiency standards is being blocked.
  We should lift this gag order and give the Department of 
Transportation the opportunity to consider this important 
issue.
  The PRESIDING OFFICER. The Senator from Washington.
  Mr. GORTON. Mr. President, I now withdraw the committee amendments.
  The committee amendments were withdrawn.


                           Amendment No. 1891

    (Purpose: To authorize appropriations for the Federal Aviation 
                Administration, and for other purposes)

  Mr. GORTON. Mr. President, I send a substitute amendment to the desk 
for Senator McCain, myself, and Senator Rockefeller and ask for its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Washington [Mr. Gorton], for Mr. McCain, 
     for himself, Mr. Gorton, and Mr. Rockefeller, proposes an 
     amendment numbered 1891.

  Mr. GORTON. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. FITZGERALD addressed the Chair.
  The PRESIDING OFFICER. Will the Senator withhold for a moment.
  The Senator from Washington.
  Mr. GORTON. Mr. President, I ask unanimous consent that the amendment 
be agreed to and considered as original text for the purpose of further 
amendment.
  Mr. FITZGERALD. I object.
  The PRESIDING OFFICER. An objection is heard.
  Mr. GORTON. Mr. President, we will take such measures as are 
necessary to see whether or not the objection can be withdrawn or we 
will simply go ahead and debate the substitute amendment. Let me add 
three other matters.
  First, we will attempt to get a unanimous consent agreement on the 
filing of amendments as early and as promptly as we possibly can so 
debate can be carried forward.
  Second, as Senator Rockefeller pointed out, there are two additional 
amendments to this substitute amendment that can be put up whether or 
not the substitute amendment has been agreed to. One has to do with the 
air traffic control system and its modernization.
  Senator Rockefeller and I and many others, as the Senator from West 
Virginia pointed out, have worked diligently in that connection, and we 
believe that proposal now is not controversial, though it is of vital 
importance and we hope it can be agreed to promptly.
  The other amendment, of course, is the amendment dealing with slots 
at the four or five busiest airports in the country. There may be some 
controversy in connection with that amendment. In any event, we hope 
that each of those amendments will be adopted relatively promptly. 
Members are urged to bring their amendments to the floor or to speak to 
the managers about concerns they have that may be solved relatively 
easily.
  Under the statement made earlier today when this session of the 
Senate began, it is at least possible there will be further votes on 
this bill today after the vote on the Transportation appropriations 
bill at 5:30 p.m. In any event, there certainly will be by tomorrow. I 
yield the floor.
  The PRESIDING OFFICER. The distinguished Senator from Illinois is 
recognized.
  Mr. FITZGERALD. Mr. President, I appreciate the comments of the 
manager of the bill and also the distinguished Senator from West 
Virginia. One thing I want to make clear, contrary to the statement of 
the Senator from West Virginia, is that at least this Senator from 
Illinois does not believe he was involved in any of the negotiations, 
certainly not with respect to this last-minute attempt to entirely lift 
the high density rule that has governed three of our Nation's most 
crowded and congested airports since the late 1960s.
  Going back to the 1960s, the FAA has had a rule in effect that limits 
operations at Chicago O'Hare International Airport to 155 operations an 
hour. The reason for that rule was that the airport was at capacity and 
adding more operations per hour would add to delays and jeopardize the 
safety of the flying public.
  This original bill had an exemption for 30 new slots that the FAA 
could grant at O'Hare. I had misgivings about even those 30 exemptions 
for new flights at O'Hare, and I had been working with the chairman of 
the Commerce Committee on that issue, going back several months. But 
this was at the last minute. In fact, I read it in the newspaper today 
that a deal had been cut behind the scenes to go ahead and lift the 
high density rule altogether.
  I think that is a grave mistake that could jeopardize the safety of 
our flying public in the United States. I fly out of O'Hare 
International Airport every week. In fact, I live 12 miles from it. As 
I grew up, that airport grew up. It grew into the busiest airport in 
the world. Anybody who has been there this year knows that it is so 
crowded and congested that there are constant delays at O'Hare. In 
fact, a report that came out earlier this year suggested there are more 
delays at O'Hare International Airport than at any other major airport 
in the country.
  In 1995, when Congress considered lifting the high density rule, the 
FAA commissioned a study to look into what would happen if they lifted 
the high density rule. That study concluded it would be a great mistake 
to lift the high density rule because it would further add to delays at 
O'Hare and some of the Nation's other slot-controlled airports.
  When there are massive delays at O'Hare, it pressures the air traffic 
controllers to hurry up and get more flights in the air to alleviate 
those delays. Sometimes there are 100 flights waiting to take off at 
O'Hare International Airport. Lifting the high density rule says that 
maybe sometimes we will have 200 flights waiting to take off on the 
runways at O'Hare. With that kind of pressure on the air traffic 
controllers, certainly there is the possibility to do something unwise 
and to make too many flights take off too close to each other, which 
could risk the lives of passengers in this country.
  I am here to tell you that if one passenger dies in the United States 
because this Congress, going along with pressure from United and 
American Airlines, which already have 80 percent of the market in 
Chicago O'Hare and want more of it and are trying to block the 
construction of a third airport in Chicago because they do not want 
anybody else to have any of the market in Chicago, if in responding to 
pressure from those airlines, we are going to add so many more flights 
at O'Hare that we jeopardize the life of just one passenger in this 
country, then we have made a horrible, grave mistake.
  Thus, I will be here everyday this bill is up, and I will fight doing 
that. I look forward to working with the managers of the bill to 
possibly address my concerns.
  I was elected, in part, on this issue, and my predecessor, Carol 
Moseley-Braun, in fact, last year when there was a proposal to add just 
100 more

[[Page 23683]]

slots at O'Hare, fought that. She thought she had an agreement to lower 
that to 30 more slots that could be sparingly granted by the FAA, if 
all sorts of certain criteria were met.
  Now it appears there is an effort on the part of those who have 
negotiated this bill to run roughshod over all those conversations with 
Senators from Illinois and go ahead and say the sky is the limit at 
O'Hare.
  It is interesting; last week, Mayor Daley from Chicago was trying to 
fly to Washington. We had a Taste of Chicago party on the House side of 
the Capitol. It was a huge party. There were 500 people from Chicago 
willing to celebrate the Taste of Chicago in Washington. Unfortunately, 
the mayor of Chicago was stuck on the tarmac at O'Hare for 4 hours 
because of delays. It is too crowded and it is too congested.
  Fortunately, thus far, the air traffic controllers have managed the 
traffic and the delays there, and they have not felt pressured into 
doing something unwise. But it is very possible that we could put so 
much pressure on those air traffic controllers and those pilots that a 
mistake could be made and we could jeopardize the safety of the flying 
public.
  So I will be here to fight the lifting of those caps at O'Hare. We 
have to come up with some other solutions. I do agree we want 
competition amongst our airlines. Certainly with the situation at 
O'Hare, where you have two airlines, United and American, that control 
80 percent of the slots, they don't want anybody else to cut into their 
monopoly there. Thus, they don't want any more air capacity outside of 
O'Hare in Chicago. I understand that. That has created problems. I want 
to work to solve those problems with the Members of this body. But I do 
not think we should do it in such a way that we cause more delays at 
O'Hare, which puts more pressure on our air traffic controllers, our 
pilots, and our whole infrastructure in aviation, and potentially 
jeopardizes the safety of the flying public.
  Mr. President, thank you very much.
  Mr. ROCKEFELLER. I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Kyl). The clerk will call the roll.
  The legislative assistant proceeded to call the roll.
  Mr. FITZGERALD. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Privilege of the Floor

  Mr. FITZGERALD. Mr. President, I ask unanimous consent that Stanley 
Bach of the Congressional Research Service be granted the privilege of 
the floor during the Senate's consideration of S. 82.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FITZGERALD. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative assistant proceeded to call the roll.
  Mr. FITZGERALD. Mr. President, I ask unanimous consent that the order 
for the order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Privilege of the Floor

  Mr. FITZGERALD. Mr. President, I ask unanimous consent that Evelyn 
Fortier of my office be granted the privilege of the floor during the 
Senate's consideration of S. 82.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FITZGERALD. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative assistant proceeded to call the roll.
  Mr. AKAKA. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  Mr. FITZGERALD. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will continue to call the roll.
  The legislative clerk continued to call the roll.
  Mr. AKAKA. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. AKAKA. Mr. President, I am pleased to rise in support of S. 82, 
the Air Transportation Improvement Act of 1999. This measure will 
enhance the safety and efficiency of our air transportation system. The 
residents of Hawaii, a State that is perhaps more dependent on air 
transportation than any other, stand to benefit significantly from this 
legislation.
  Today I want to speak to title VI of the bill which addresses the 
issue of air tour operations at national parks. Title VI establishes a 
comprehensive regulatory framework for controlling air tour traffic in 
and near units of the National Park System. The legislation requires 
the Federal Aviation Administration, in cooperation with the National 
Park Service and with public input from stakeholders, to develop an air 
tour management plan for parks currently or potentially affected by air 
tour flights.
  Under this process, routes, altitudes, time restrictions, limitations 
on the number of flights, and other operating parameters could be 
prescribed in order to protect sensitive park resources as well as to 
enhance the safety of air tour operations. An air tour plan could 
prohibit air tours at a park entirely, regulate air tours within half a 
mile outside the boundaries of a park, regulate air tour operations 
that impact tribal lands, and offer incentives for the adoption of 
quieter air technology.
  S. 82 also creates an advisory group comprising representatives of 
the FAA, the Park Service, the aviation industry, the environmental 
community, and tribes to provide advice, information, and 
recommendations on overflight issues.
  As embodied in the air tour management plan process, this bill treats 
overflights issues on a park-by-park basis. Rather than a one-size-
fits-all approach, the legislation establishes a fair and rational 
mechanism through which environmental and commercial aviation needs can 
be addressed in the context of the unique circumstances that exist at 
individual national parks.
  In other words, an air tour management plan for Yosemite in 
California may differ significantly from a plan for the Florida 
Everglades, in order to take into account differences in terrain, 
weather, types of resources to be protected, and other factors. What is 
important about this bill is that it establishes a uniform procedure, 
with common regulatory elements, that will address overflight issues on 
a consistent basis across the nation, while allowing for local 
variations.
  I am pleased that this procedural approach, in addition to 
requirements for meaningful public consultation and a mechanism for 
promoting dialogue among diverse stakeholders, mirrors key elements of 
legislation--the National Parks Airspace Management Act, cosponsored by 
my colleagues Senator Inouye and Senator Frist--that I promoted in 
several previous Congresses.
  Title VI also reflects the hard-won consensus developed by the 
National Parks Overflights Working Group, a group comprising industry, 
environmental, and tribal representatives, which worked for many months 
to hammer out critical details embodied in the pending measure.
  Adoption of this bill is essential if we are to address effectively 
the detrimental impacts of air tour activities on the National Park 
System. Air tourism has significantly increased in the last decade, 
nowhere more so than at high profile units such as Grand Canyon, Great 
Smoky Mountains, as well as Haleakala and Hawaii Volcanoes national 
parks in my own State. A major 1994 Park Service study indicated that 
nearly 100 parks experienced adverse park impacts. That number has 
assuredly risen since then. Such growth has inevitably conflicted with 
attempts to preserve the natural qualities and values that characterize 
many national parks, in some instances seriously.
  While air tour operators often provide important emergency services, 
enhance park access for special populations such as the handicapped and 
elderly, and offer an important source of

[[Page 23684]]

income for local economies--notably tourism-dependent areas such as 
Hawaii--unregulated overflights have the potential to harm park 
ecologies, harm wildlife, and impair visitor enjoyment of the park 
experience. Unrestricted air tour operations can also pose a safety 
hazard to air and ground visitors alike. The tragic crash of an air 
tour on the Big Island of Hawaii last week which killed nine people, is 
a stark reminder of the dangers inherent in air travel.
  It is therefore vital that we develop a clear, consistent national 
policy on this issue, one that equitably and rationally prioritizes the 
respective interest of the aviation and environmental communities. 
Congress and the administration have struggled to develop such a policy 
since enactment of the National Parks Overflights Act of 1987, 
Congress's initial, but ultimately limited, attempt to come to grips 
with the overflights issue. S. 82 will finish where the 1987 act left 
off, providing the FAA and Park Service with the policy guidance and 
procedural mechanisms that are essential to balancing the needs of air 
tour operators against the imperative to preserve and protect our 
natural resources.
  The overflights provisions of this bill are the consequence of good 
faith efforts on the part of many groups and individuals. They include 
members of the National Parks Overflights Working Group. whose 
consensus recommendations form the underpinnings of this legislation; 
representatives of aviation and environmental advocacy organizations 
such as Helicopter Association International, the U.S. Air Tour 
Association, the National Parks and Conservation Association, and the 
Wilderness Society; and, officials of the FAA and Park Service.
  From the Park Service, in particular, I recognize Jackie Lowey, Wes 
Henry, Marv Jensen, Sheridan Steele, Ken Czarnowski, and Dave Emmerson, 
all of whom worked directly on this legislation. And I would be remiss 
if I did not recognize the unsung contributions of Ann Choiniere of the 
Commerce Committee staff and Steve Oppermann, formerly of my staff and 
more recently a consultant to the Park Service, who spent countless 
hours shaping the details in this bill.
  However, title VI is, above all, the product of the energy and vision 
of my friend and colleague from Arizona, Senator McCain. As the author 
of the 1987 National Parks Overflights Act, Senator McCain was the 
first to recognize the adverse impacts of air tours on national parks, 
and the first to call for a national policy to address this problem. 
Since then, he has been relentless in his quest to impel progress on 
this subject. For his leadership in writing the overflights provisions 
of this bill, and for his decade-long fight to preserve natural quiet 
in our national parks, Senator McCain deserves the lasting appreciation 
of all those who believe in maintaining the integrity of the National 
Park System.
  Mr. President, in conclusion, I am pleased to have been involved in 
developing legislation that promotes aviation safety, enhances the 
viability of legitimate air tour operations, and protects national 
parks from the most egregious visual and noise intrusions by air tour 
helicopters and other aircraft. Left unchecked, air tour activities can 
undermine the very qualities and resources that give value to a park, 
resources that must be protected at all costs. I believe that title VI 
of the pending measure reasonably and prudently balances these 
sometimes opposing considerations, and I urge my colleagues to support 
this legislation.
  Thank you, Mr. President. I yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Kyl). The clerk will call the roll.
  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent to 
speak as in morning business for not to exceed 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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