[Congressional Record (Bound Edition), Volume 145 (1999), Part 16]
[Senate]
[Pages 23720-23727]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

                   AIR TRANSPORTATION IMPROVEMENT ACT

                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 1891

  Mr. GORTON (for Mr. McCain (for himself, Mr. Gorton, and Mr. 
Rockefeller)) proposed an amendment to the bill (S. 82) to authorize 
appropriations for Federal Aviation Administration, and for other 
purposes; as follows:
  [The amendment was not available for printing. It will appear in a 
future issue of the Record.]
                                 ______
                                 

                 GORTON (AND OTHERS) AMENDMENT NO. 1892

  Mr. GORTON (for himself, Mr. Rockefeller, Mr. Grassley, Mr. Harkin, 
and Mr. Ashcroft) proposed an amendment to the bill, S. 82, supra; as 
follows:

       Strike sections 506, 507, and 508 and insert the following:

     SEC. 506. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.

       (a) Rules That Apply to All Slot Exemption Requests.--
       (1) Prompt consideration of requests.--Section 41714(i) is 
     amended to read as follows:
       ``(i) 45-Day Application Process.--
       ``(1) Request for slot exemptions.--Any slot exemption 
     request filed with the Secretary under this section, section 
     41717, or 41719 shall include--
       ``(A) the names of the airports to be served;
       ``(B) the times requested; and
       ``(C) such additional information as the Secretary may 
     require.
       ``(2) Action on request; failure to act.--Within 45 days 
     after a slot exemption request under this section, section 
     41717, or section 41719 is received by the Secretary, the 
     Secretary shall--
       ``(A) approve the request if the Secretary determines that 
     the requirements of the section under which the request is 
     made are met;
       ``(B) return the request to the applicant for additional 
     information; or
       ``(C) deny the request and state the reasons for its 
     denial.
       ``(3) 45-day period tolled for timely request for more 
     information.--If the Secretary returns the request for 
     additional information during the first 10 days after the 
     request is filed, then the 45-day period shall be tolled 
     until the date on which the additional information is filed 
     with the Secretary.
       ``(4) Failure to determine deemed approval.--If the 
     Secretary neither approves the request under paragraph (2)(A) 
     nor denies the request under subparagraph (2)(C) within the 
     45-day period beginning on the date it is received, excepting 
     any days during which the 45-day period is tolled under 
     paragraph (3), then the request is deemed to have been 
     approved on the 46th day after it was filed with the 
     Secretary.''.
       (2) Exemptions may not be bought or sold.--Section 41714 is 
     further amended by adding at the end the following:
       ``(j) Exemptions May Not Be Bought Or Sold.--No exemption 
     from the requirements of subparts K and S of part 93 of title 
     14, Code of Federal Regulations, granted under this section, 
     section 41717, or section 41719 may be bought or sold by the 
     carrier to which it is granted.''.
       (3) Equal treatment of affiliated carriers.--Section 41714, 
     as amended by paragraph (2), is further amended by adding at 
     the end thereof the following:
       ``(k) Affiliated Carriers.--For purposes of this section, 
     section 41717, 41718, and 41719, 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 the application of 
     any provision of those sections regardless of the form of the 
     corporate relationship between the commuter air carrier and 
     the other air carrier.''.
       (4) New entrant slots.--Section 41714(c) is amended--
       (A) by striking ``(1) In general.--'';
       (B) by striking ``and the circumstances to be 
     exceptional,''; and
       (C) by striking paragraph (2).
       (5) Limited incumbent; regional jet.--Section 40102 is 
     amended by--
       (A) inserting after paragraph (28) the following:
       ``(28A) 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.''; and
       (B) inserting after paragraph (37) the following:
       ``(37A) The term `regional jet' means a passenger, 
     turbofan-powered aircraft carrying not fewer than 30 and not 
     more than 50 passengers.''.
       (b) Phase-out of Slot Rules.--Chapter 417 is amended--
       (1) by redesignating sections 41715 and 41716 as sections 
     41720 and 41721; and
       (2) by inserting after section 41714 the following:

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

       ``(a) Termination.--The rules contained in subparts S and K 
     of part 93, title 14, Code of Federal Regulations, shall not 
     apply--
       ``(1) after March 31, 2003, at Chicago O'Hare International 
     Airport; and
       ``(2) after December 31, 2006, at LaGuardia Airport or John 
     F. Kennedy International Airport.
       ``(b) FAA Safety Authority Not Compromised.--Nothing in 
     subsection (a) affects the Federal Aviation Administration's 
     authority for safety and the movement of air traffic.
       (c) Preservation of Existing Service.--Chapter 417, as 
     amended by subsection (b), is amended by inserting after 
     section 41715 the following:

     ``Sec. 41716. Preservation of certain existing slot-related 
       air service

       ``An air carrier that provides air transportation of 
     passenger from a high density airport (other than Ronald 
     Reagan Washington

[[Page 23721]]

     National Airport) to a small hub airport or non-hub airport, 
     or to an airport that is smaller than a small hub or non-hub 
     airport, on or before the date of enactment of the Air 
     Transportation Improvement Act pursuant to an exemption from 
     the requirements under subparts K and S of part 93 of title 
     14, Code of Federal Regulations (pertaining to slots at high 
     density airports), or where slots were issued to an airline 
     conditioned on a specific airport being served, may not 
     terminate air transportation service for that route for a 
     period of 2 years (with respect to service from LaGuardia 
     Airport or John F. Kennedy International Airport), or 4 years 
     (with respect to service from Chicago O'Hare International 
     Airport), after the date on which those requirements cease to 
     apply to that high density airport unless--
       ``(1) before October 1, 1999, the Secretary received a 
     written air service termination notice for that route; or
       ``(2) after September 30, 1999, the air carrier submits an 
     air service termination notice under section 41720 for that 
     route and the Secretary determines that the carrier suffered 
     excessive losses, including substantial losses on operations 
     on that route during the calendar quarters immediately 
     preceding submission of the notice.''.
       (d) Special Rules Affecting LaGuardia Airport and John F. 
     Kennedy International Airport.--Chapter 417, as amended by 
     subsection (c), is amended by inserting after section 41716 
     the following:

     ``Sec. 41717. Interim slot rules at New York airports

       ``(a) In General.--The Secretary of Transportation may, by 
     order, grant exemptions from the requirements under subparts 
     K and S of part 93 of title 14, Code of Federal Regulations 
     (pertaining to slots at high density airports) with respect 
     to a regional jet aircraft providing air transportation 
     between LaGuardia Airport or John F. Kennedy International 
     Airport and a small hub or nonhub airport--
       ``(1) if the operator of the regional jet aircraft was not 
     providing such air transportation during the week of June 15, 
     1999; or
       ``(2) if the level of air transportation to be provided 
     between such airports by the operator of the regional jet 
     aircraft during any week will exceed the level of air 
     transportation provided by such operator between such 
     airports during the week of June 15, 1999.''.
       (e) Special Rules Affecting Chicago O'Hare International 
     Airport.--
       (1) Nonstop regional jet, new entrants, and limited 
     incumbents.--chapter 417, as amended by subsection (d), is 
     amended by inserting after section 41717 the following:

     ``Sec. 41718. Interim application of slot rules at Chicago 
       O'Hare International Airport

       ``(a) Slot Operating Window Narrowed.--Effective April 1, 
     2002, the requirements of subparts K and S of part 93 of 
     title 14, Code of Federal Regulations, do not apply with 
     respect to aircraft operating before 2:45 post meridiem and 
     after 8:15 post meridiem at Chicago O'Hare International 
     Airport.
       ``(b) New or Increased Service to Smaller Airports; New 
     Entrants.--
       ``(1) In general.--Effective January 1, 2000, the 
     requirements of subparts K and S of part 93 of title 14, Code 
     of Federal Regulations, do not apply with respect to--
       ``(A) any air carrier for the provision of nonstop regional 
     jet or turboprop air service between Chicago O'Hare 
     International Airport and an airport with fewer than 
     2,000,000 annual enplanements (based on the Federal Aviation 
     Administration's Primary Airport Enplanement Activity Summary 
     for Calendar Year 1997) that is an airport not served by 
     nonstop service, or not served by more than 1 carrier 
     providing nonstop service, from Chicago O'Hare International 
     Airport; or
       ``(B) a new entrant or limited incumbent air carrier for 
     the provision of service to Chicago O'Hare International 
     Airport.
       ``(2) New or increased service required.--Paragraph (1)(A) 
     applies only for the provision of--
       ``(A) air service to an airport to which the air carrier 
     was not providing air service from Chicago O'Hare 
     International Airport during the week of June 15, 1999; or
       ``(B) additional air service between Chicago O'Hare 
     International Airport and any airport to which it provided 
     air service during that week.
       ``(3) New entrants and limited incumbents.--Paragraph 
     (1)(B) applies only for the provision of--
       ``(A) air service to an airport to which the air carrier 
     was not providing air service from Chicago O'Hare 
     International Airport during the week of June 15, 1999; or
       ``(B) additional air service between Chicago O'Hare 
     International Airport and any airport to which it provided 
     air service during that week.
       ``(c) Stage 3 Aircraft Required.--Subsection (a) does not 
     apply to service by any aircraft that is not a Stage 3 
     aircraft (as defined by the Secretary).
       ``(d) DOT to Monitor Flights.--The Secretary of 
     Transportation shall monitor flights under the authority 
     provided by subsection (b) to ensure that any such flight 
     meets the requirements of subsection (a). If the Secretary 
     finds that an air carrier is operating a flight under the 
     authority of subsection (b) that does meet those requirements 
     the Secretary shall immediately terminate the air carrier's 
     authority to operate that flight.
       ``(e) International Service at O'Hare Airport.--The 
     requirements of subparts K and S of part 93 of title 14, Code 
     of Federal Regulations shall be of no force and effect at 
     O'Hare International Airport after March 31, 2000, with 
     respect to any aircraft providing foreign air transportation. 
     For a foreign air carrier domiciled in a country to which a 
     United States air carrier provides nonstop service from the 
     United States, the preceding sentence applies to that foreign 
     air carrier only if the country in which that carrier is 
     domiciled provides reciprocal airport access for United 
     States air carriers.''.
       (2) Prohibition of slot withdraws.--
       (A) In general.--Section 41714(b) is amended--
       (i) by inserting ``at Chicago O'Hare International 
     Airport'' after ``a slot'' in paragraph (2); and
       (ii) by striking ``if the withdrawal'' and all that follows 
     before the period in paragraph (2).
       (3) Conversions.--Section 41714(b) is amended by striking 
     paragraph (4) and inserting the following:
       ``(4) Conversions of slots.--Effective April 1, 2000, slots 
     at Chicago O'Hare International Airport allocated to an air 
     carrier as of June 15, 1999, to provide foreign air 
     transportation shall be made available to such carrier to 
     provide interstate or intrastate air transportation.''.
       (4) Immediate return of withdrawn slots.--The Secretary of 
     Transportation shall return any slot withdrawn from an air 
     carrier under section 41714(b) of title 49, United States 
     Code, or the preceding provision of law, before the date of 
     enactment of this Act, to that carrier no later than January 
     1, 2000.
       (5) 3-year report.--The Secretary shall study and submit a 
     report 3 years after the date of enactment of the Air 
     Transportation Improvement Act on the impact of the changes 
     resulting from the implementation of the Air Transportation 
     Improvement Act on safety, the environment, noise, access to 
     underserved markets, and competition at Chicago O'Hare 
     International Airport.
       (f) Special Rules Affecting Reagan Washington National 
     Airport.--
       (1) In general.--Chapter 417, as amended by subsection (e), 
     is amended by inserting after section 41718 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 this title; 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 
     air carriers for service to airports that were designated as 
     medium-hub or smaller airports in the Federal Aviation 
     Administration's Primary Airport Enplanement Activity Summary 
     for Calendar Year 1997 within the perimeter established for 
     civil aircraft operations at Ronald Reagan Washington 
     National Airport under section 49109. The Secretary shall 
     develop criteria for distributing slot exemptions for flights 
     within the perimeter to such airports under this paragraph in 
     a manner that promotes air transportation--
       ``(1) by new entrant and limited incumbent air carriers;
       ``(2) to communities without existing service to Ronald 
     Reagan Washington National Airport;
       ``(3) to small communities; or
       ``(4) that will provide competitive service on a monopoly 
     nonstop route to Ronald Reagan Washington National Airport.
       ``(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 operations.
       ``(3) Additional exemptions.--The Secretary shall grant 
     exemptions under subsections (a) and (b) that--

[[Page 23722]]

       ``(A) will result in 12 additional daily air carrier slot 
     exemptions at such airport for long-haul service beyond the 
     perimeter;
       ``(B) will result in 12 additional daily air carrier slot 
     exemptions at such airport for service within the perimeter; 
     and
       ``(C) will not result in additional daily slot exemptions 
     for service to any within-the-perimeter airport that was 
     designated as a large-hub airport in the Federal Aviation 
     Administration's Primary Airport Enplanement Activity Summary 
     for Calendar Year 1997.
       ``(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 
     the Air Transportation Improvement 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.''.
       (2) Override of mwaa restriction.--Section 49104(a)(5) is 
     amended by adding at the end thereof the following:
       ``(D) Subparagraph (C) does not apply to any increase in 
     the number of instrument flight rule takeoffs and landings 
     necessary to implement exemptions granted by the Secretary 
     under section 41719.''.
       (3) MWAA noise-related grant assurances.--
       (A) In general.--In addition to any condition for approval 
     of an airport development project that is the subject of a 
     grant application submitted to the Secretary 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--
       (i) 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
       (ii) the Authority will not divert funds from a high 
     priority safety project in order to make funds available for 
     noise compatibility planning and programs.
       (B) Waiver.--The Secretary of Transportation may waive the 
     requirements of subparagraph (A) 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.
       (C) Sunset.--This paragraph shall cease to be in effect 5 
     years after the date of enactment of this Act if on that date 
     the Secretary 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.
       (4) 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 of 
     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.
       (g) 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--
       ``(A) Chicago O'Hare International Airport;
       ``(B) LaGuardia Airport;
       ``(C) John F. Kennedy International Airport; and
       ``(D) Ronald Reagan Washington National Airport.''.
       (h) Study of Community Noise Levels Around High Density 
     Airports.--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.
       (i) Conforming Amendments.--
       (1) Section 49111 is amended by striking subsection (4).
       (2) The chapter analysis for subchapter I of chapter 417 is 
     amended--
       (A) redesignating the items relating to sections 41715 and 
     41716 as relating to sections 41720 and 41721, respectively; 
     and
       (B) by inserting after the item relating to section 41714 
     the following:

  ``41715. Phase-out of slot rules at certain airports
  ``41716. Preservation of certain existing slot-related air service
  ``41717. Interim slot rules at New York airports
  ``41718. Interim application of slot rules at Chicago O'Hare 
      International Airport
  ``41719. Special Rules for Ronald Reagan Washington National 
      Airport.''.
                                 ______
                                 

                     ROCKFELLER AMENDMENT NO. 1893

  Mr. GORTON (for Mr. Rockefeller) proposed an amendment to the bill, 
S. 82, supra; as follows:

       At the appropriate place insert the following:

     SECTION 1. SHORT TITLE.

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

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

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. FINDINGS.

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

     SEC. 5. AIR TRAFFIC CONTROL SYSTEM DEFINED.

       Section 40102(a) is amended--
       (1) by redesignating paragraphs (5) through (41) as 
     paragraphs (6) through (42), respectively; and
       (2) by inserting after paragraph (4) the following:
       ``(5) `air traffic control system' means the combination of 
     elements used to safely and

[[Page 23723]]

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

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

       (a) Section 106 is amended by adding at the end the 
     following:
       ``(r) Chief Operating Officer.--
       ``(1) In general.--
       ``(A) Appointment.--There shall be a Chief Operating 
     Officer for the air traffic control system to be appointed by 
     the Administrator, after consultation with the Management 
     Advisory Council. The Chief Operating Officer shall report 
     directly to the Administrator and shall be subject to the 
     authority of the Administrator.
       ``(B) Qualifications.--The Chief Operating Officer shall 
     have a demonstrated ability in management and knowledge of or 
     experience in aviation.
       ``(C) Term.--The Chief Operating Officer shall be appointed 
     for a term of 5 years.
       ``(D) Removal.--The Chief Operating Officer shall serve at 
     the pleasure of the Administrator, except that the 
     Administrator shall make every effort to ensure stability and 
     continuity in the leadership of the air traffic control 
     system.
       ``(E) Compensation.--
       ``(i) The Chief Operating Officer shall be paid at an 
     annual rate of basic pay not to exceed that of the 
     Administrator, including any applicable locality-based 
     payment. This basic rate of pay shall subject the chief 
     operating officer to the post-employment provisions of 
     section 207 of title 18 as if this position were described in 
     section 207(c)(2)(A)(i) of that title.
       ``(ii) In addition to the annual rate of basic pay 
     authorized by paragraph (1) of this subsection, the Chief 
     Operating Officer may receive a bonus not to exceed 50 
     percent of the annual rate of basic pay, based upon the 
     Administrator's evaluation of the Chief Operating Officer's 
     performance in relation to the performance goals set forth in 
     the performance agreement described in subsection (b) of this 
     section. A bonus may not cause the Chief Operating Officer's 
     total aggregate compensation in a calendar year to equal or 
     exceed the amount of the President's salary under section 102 
     of title 3, United States Code.
       ``(2) Annual performance agreement.--The Administrator and 
     the Chief Operating Officer shall enter into an annual 
     performance agreement that sets forth measurable organization 
     and individual goals for the Chief Operating Officer in key 
     operational areas. The agreement shall be subject to review 
     and renegotiation on an annual basis.
       ``(3) Annual performance report.--The Chief Operating 
     Officer shall prepare and submit to the Secretary of 
     Transportation and Congress an annual management report 
     containing such information as may be prescribed by the 
     Secretary.
       ``(4) Responsibilities.--The Administrator may delegate to 
     the Chief Operating Officer, or any other authority within 
     the Federal Aviation Administration responsibilities, 
     including, but not limited to the following:
       ``(A) Strategic plans.--To develop a strategic plan for the 
     Federal Aviation Administration for the air traffic control 
     system, including the establishment of--
       ``(i) a mission and objectives;
       ``(ii) standards of performance relative to such mission 
     and objectives, including safety, efficiency, and 
     productivity; and
       ``(iii) annual and long-range strategic plans.
       ``(iv) methods of the Federal Aviation Administration to 
     accelerate air traffic control modernization and improvements 
     in aviation safety related to air traffic control.
       ``(B) Operations.--To review the operational functions of 
     the Federal Aviation Administration, including--
       ``(i) modernization of the air traffic control system;
       ``(ii) increasing productivity or implementing cost-saving 
     measures; and
       ``(iii) training and education.
       ``(C) Budget. --To--
       ``(i) develop a budget request of the Federal Aviation 
     Administration related to the air traffic control system 
     prepared by the Administrator;
       `(i) submit such budget request to the Administrator and 
     the Secretary of Transportation; and
       ``(iii) ensure that the budget request supports the annual 
     and long-range strategic plans developed under paragraph 
     (4)(A) of this subsection.
       ``(5) Budget submission.--The Secretary shall submit the 
     budget request prepared under paragraph (4)(D) of this 
     subsection for any fiscal year to the President who shall 
     submit such request, without revision, to the Committees on 
     Transportation and Infrastructure and Appropriations of the 
     House of Representatives and the Committees on Commerce, 
     Science, and Transportation and Appropriations of the Senate, 
     together with the President's annual budget request for the 
     Federal Aviation Administration for such fiscal year.''.

     SEC. 7. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.

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

     SEC. 8. COMPENSATION OF THE ADMINISTRATOR.

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

     SEC. 9. NATIONAL AIRSPACE REDESIGN.

       (a) Findings Relating to the National Airspace.--The 
     Congress makes the following additional findings:
       (1) The National airspace, comprising more than 29 million 
     square miles, handles more than 55,000 flights per day.
       (2) Almost 2,000,000 passengers per day traverse the United 
     States through 20 major en route centers including more than 
     700 different sectors.
       (3) Redesign and review of the National airspace may 
     produce benefits for the traveling public by increasing the 
     efficiency and capacity of the air traffic control system and 
     reducing delays.
       (4) Redesign of the National airspace should be a high 
     priority for the Federal Aviation Administration and the air 
     transportation industry.
       (b) Redesign Report.--The Administrator, with advice from 
     the aviation industry and other interested parties, shall 
     conduct a comprehensive redesign of the national airspace 
     system and shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and to 
     the Committee on Transportation and Infrastructure of the 
     House on the Administrator's comprehensive national airspace 
     redesign. The report shall include projected milestones for 
     completion of the redesign and shall also include a date for 
     completion. The report must be submitted to the Congress no 
     later than December 31, 2000. There are authorized to be 
     appropriated to the Administrator to carry out this section 
     $12,000,000 for fiscal years 2000, 2001, and 2002.

     SEC. 10. FAA COSTS AND ALLOCATIONS SYSTEM MANAGEMENT.

       (a) Report on the Cost Allocation System.--No later than 
     July 9, 2000, the Administrator shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on

[[Page 23724]]

     Transportation and Infrastructure of the House on the cost 
     allocation system currently under development by the Federal 
     Aviation Administration. The report shall include a specific 
     date for completion and implementation of the cost allocation 
     system throughout the agency and shall also include the 
     timetable and plan for the implementation of a cost 
     management system.
       (b) Independent Assessment.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct the assessments described in 
     this subsection. To conduct the assessments, the Inspector 
     General may use the staff and resources of the Inspector 
     General or contract with one or more independent entities.
       (2) Assessment of adequacy and accuracy of federal aviation 
     administration cost data and attributions.--
       (A) In general.--The Inspector General shall conduct an 
     assessment to ensure that the method for calculating the 
     overall costs of the Federal Aviation Administration and 
     attributing such costs to specific users is appropriate, 
     reasonable, and understandable to the users.
       (B) Components.--In conducting the assessment under this 
     paragraph, the Inspector General shall assess the Federal 
     Aviation Administration's definition of the services to which 
     the Federal Aviation Administration ultimately attributes its 
     costs.
       (3) Cost effectiveness.--
       (A) In general.--The Inspector General shall assess the 
     progress of the Federal Aviation Administration in cost and 
     performance management, including use of internal and 
     external benchmarking in improving the performance and 
     productivity of the Federal Aviation Administration.
       (B) Annual reports.--Not later than December 31, 2000, the 
     Inspector General shall transmit to Congress an updated 
     report containing the results of the assessment conducted 
     under this paragraph.
       (C) Information to be included in federal aviation 
     administration financial report.--The Administrator shall 
     include in the annual financial report of the Federal 
     Aviation Administration information on the performance of the 
     Administration sufficient to permit users and others to make 
     an informed evaluation of the progress of the Administration 
     in increasing productivity.

     SEC. 11. AIR TRAFFIC MODERNIZATION PILOT PROGRAM.

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

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

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

[[Page 23725]]

     Committee on Commerce, Science, and Transportation and the 
     House Committee on Transportation and Infrastructure on the 
     Association's activities including--
       ``(1) an assessment of the Association's effectiveness in 
     accelerating the modernization of the air traffic control 
     system;
       ``(2) a full description of the projects financed by the 
     Association and an evaluation of the benefits to the aviation 
     community and general public of such investment; and
       ``(3) recommendations as to whether this pilot program 
     should be expanded or other strategies should be pursued to 
     improve the safety and efficiency of the nation's air 
     transportation system.
       ``(h) Authorization.--Not more than the following amounts 
     may be appropriated to the Administrator from amounts made 
     available under section 4801(a) of this title for the 
     agency's share of the organization and administrative costs 
     for the Air Traffic Modernization Association.
       ``(1) $500,000 for fiscal year 2000;
       ``(2) $500,000 for fiscal year 2001; and
       ``(3) $500,000 for fiscal year 2002.
       ``(i) Relationship to Other Authorities.--Nothing in this 
     section is intended to limit or diminish existing authorities 
     of the Administrator to acquire, establish, improve, operate, 
     and maintain air navigation facilities and equipment.''.
       (b) Conforming Amendments.--
       ``(1) Section 40117(b)(1) is amended by striking 
     ``controls.'' and inserting ``controls, or to finance an 
     eligible project through the Air Traffic Modernization 
     Association in accordance with section 44516 of this 
     title.''.
       ``(2) The analysis for chapter 445 is amended by adding at 
     the end the following:

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

                        BRYAN AMENDMENT NO. 1894

  (Ordered to lie on the table.)
  Mr. BRYAN submitted an amendment intended to be proposed by him to 
the bill, S. 82, supra; as follows:

       At the appropriate place, add the following new section:

     SEC.  .--

       Any regulations based upon the ``Evaluation Methodology for 
     Air Tour Operations Over Grand Canyon National Park'' adopted 
     by the National Park Service on July 14, 1999 shall not be 
     implemented until 90 days after the National Park Service has 
     provided to Congress a report describing 1) the reasonable 
     scientific basis for such evaluation methodology and 2) the 
     peer review process used to validate such evaluation 
     methodology.
                                 ______
                                 

                       INOUYE AMENDMENT NO. 1895

  (Ordered to lie on the table.)
  Mr. INOUYE submitted an amendment intended to be proposed by him to 
the bill, S. 82, supra; as follows:

       At the end of title IV, insert the following new section:

     SEC. 441. CARRY-ON BAGGAGE.

       (a) Definitions.--In this section:
       (1) Airplane.--The term ``airplane'' means an airplane, as 
     that term is used in section 121.589 of title 14, Code of 
     Federal Regulations.
       (2) Carry-on baggage.--The term ``carry-on baggage'' does 
     not include child safety seats or assistive devices used by 
     disabled passengers.
       (3) Certificate holder.--The term ``certificate holder'' 
     means a certificate holder, as that term is used in section 
     121.589 of title 14, Code of Federal Regulations.
       (4) Passenger.--The term ``passenger'' includes any child 
     under the age of 2 who boards an airplane of a certificate 
     holder, without regard to whether a ticket for air 
     transportation was purchased for the child.
       (b) Regulations.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall promulgate revised regulations 
     to modify the regulations contained in section 121.589 of 
     title 14, Code of Federal Regulations, to establish a uniform 
     standard for certificate holders governing--
       (1) the number of pieces of carry-on baggage allowed per 
     passenger;
       (2) the dimensions of each allowable carry-on baggage; and
       (3) a definition of carry-on baggage.
                                 ______
                                 
      REID (AND FRIST) AMENDMENT NO. 1896
  (Ordered to lie on the table.)
  Mr. REID (for himself and Mr. Frist) submitted an amendment intended 
to be proposed by them to the Bill, S. 82, supra; as follows:

       At the appropriate place, add the following new title:

               TITLE __--PENALTIES FOR UNRULY PASSENGERS

     SEC. __01. PENALTIES FOR UNRULY PASSENGERS.

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

     ``Sec.   46317. Interference with cabin or flight crew

       ``(a) General Rule.--
       ``(1) In general.--An individual who physically assaults or 
     threatens to physically assault a member of the flight crew 
     or cabin crew of a civil aircraft or any other individual on 
     the aircraft, or takes any action that poses an imminent 
     threat to the safety of the aircraft or other individuals on 
     the aircraft is liable to the United States Government for a 
     civil penalty of not more than $25,000.
       ``(2) Additional penalties.--In addition or as an 
     alternative to the penalty under paragraph (1), the Secretary 
     of Transportation (referred to in this section as the 
     `Secretary') may prohibit the individual from flying as a 
     passenger on an aircraft used to provide air transportation 
     for a period of not more than 1 year.
       ``(b) Regulations.--The Secretary shall issue regulations 
     to carry out paragraph (2) of subsection (a), including 
     establishing procedures for imposing bans on flying, 
     implementing such bans, and providing notification to air 
     carriers of the imposition of such bans.
       ``(c) Compromise and Setoff.--
       ``(1) Compromise.--The Secretary may compromise the amount 
     of a civil penalty imposed under this section.
       ``(2) Setoff.--The United States Government may deduct the 
     amount of a civil penalty imposed or compromised under this 
     section from amounts the Government owes the person liable 
     for the penalty.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 463 is amended by adding at the end the following:

``46317. Interference with cabin or flight crew.''.

     SEC. __02. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICERS.

       (a) Definitions.--In this section:
       (1) Aircraft.--The term ``aircraft'' has the meaning given 
     that term in section 40102.
       (2) Air transportation.--The term ``air transportation'' 
     has the meaning given that term in section 40102.
       (3) Attorney general.--The term ``Attorney General'' means 
     the Attorney General of the United States.
       (b) Establishment of a Program To Deputized Local Law 
     Enforcement Officers.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall--
       (A) establish a program under which the Attorney General 
     may deputize State and local law enforcement officers as 
     Deputy United States Marshals for the limited purpose of 
     enforcing Federal laws that regulate security on board 
     aircraft, including laws relating to violent, abusive, or 
     disruptive behavior by passengers of air transportation; and
       (B) encourage the participation of law enforcement officers 
     of State and local governments in the program established 
     under subparagraph (A).
       (2) Consultation.--In establishing the program under 
     paragraph (1), the Attorney General shall consult with 
     appropriate officials of--
       (A) the Federal Government (including the Administrator of 
     the Federal Aviation Administration or a designated 
     representative of the Administrator); and
       (B) State and local governments in any geographic area in 
     which the program may operate.
       (3) Training and background of law enforcement officers.--
       (A) In general.--Under the program established under this 
     subsection, to qualify to serve as a Deputy United States 
     Marshal under the program, a State or local law enforcement 
     officer shall--
       (i) meet the minimum background and training requirements 
     for a law enforcement officer under part 107 of title 14, 
     Code of Federal Regulations (or equivalent requirements 
     established by the Attorney General); and
       (ii) receive approval to participate in the program from 
     the State or local law enforcement agency that is the 
     employer of that law enforcement officer.
       (B) Training not federal responsibility.--The Federal 
     Government shall not be responsible for providing to a State 
     or local law enforcement officer the training required to 
     meet the training requirements under subparagraph (A)(i). 
     Nothing in this subsection may be construed to grant any such 
     law enforcement officer the right to attend any institution 
     of the Federal Government established to provide training to 
     law enforcement officers of the Federal Government.
       (c) Powers and Status of Deputized Law Enforcement 
     Officers.--
       (1) In general.--Subject to paragraph (2), a State or local 
     law enforcement officer that is deputized as a Deputy United 
     States Marshal under the program established under subsection 
     (b) may arrest and apprehend an individual suspected of 
     violating any Federal law described in subsection (b)(1)(A), 
     including any individual who violates a provision subject to 
     a civil penalty under section 46301 of title 49, United 
     States Code, or section 46302, 46303, 46504, 46505, or 46507 
     of that title, or who commits an act described in section 
     46506 of that title.
       (2) Limitation.--The powers granted to a State or local law 
     enforcement officer deputized under the program established 
     under subsection (b) shall be limited to enforcing

[[Page 23726]]

     Federal laws relating to security on board aircraft in 
     flight.
       (3) Status.--A State or local law enforcement officer that 
     is deputized as a Deputy United States Marshal under the 
     program established under subsection (b) shall not--
       (A) be considered to be an employee of the Federal 
     Government; or
       (B) receive compensation from the Federal Government by 
     reason of service as a Deputy United States Marshal in the 
     program.
       (d) Statutory Construction.--Nothing in this section may be 
     construed to--
       (1) grant a State or local law enforcement officer that is 
     deputized under the program under subsection (b) the power to 
     enforce any Federal law that is not described in subsection 
     (c); or
       (2) limit the authority that a State or local law 
     enforcement officer may otherwise exercise in the capacity 
     under any other applicable State or Federal law.
       (e) Regulations.--The Attorney General may promulgate such 
     regulations as may be necessary to carry out this section.
                                 ______
                                 
      ABRAHAM AMENDMENT NO. 1897
  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 82, supra; as follows:

       At the appropriate place insert the following:

     SEC.   . GENERAL AVIATION METROPOLITAN ACCESS AND RELIEVER 
                   AIRPORT GRANT FUND.

       (a) Definition.--Title 49, United States Code, is amended 
     by adding the following new section at the end of section 
     47144(d)(1):
       ``(C) General aviation metropolitan access and reliever 
     airport.--`General Aviation Metropolitan Access and Reliever 
     Airport' means a Reliever Airport which has annual operations 
     in excess of 75,000 operations, a runway with a minimum 
     usable landing distance of 5,000 feet, a precision 
     instrumental landing procedure, a minimum of 150 based 
     aircraft, and where the adjacent Air Carrier Airport exceeds 
     20,000 hours of annual delays as determined by the Federal 
     Aviation Administration.
       (b) Apportionment. States Code, section 4711(d), is amended 
     by adding at the end:
       ``(4) The Secretary shall apportion an additional 5 per 
     cent of the amount subject to apportionment for each fiscal 
     year to States that include a General Aviation Metropolitan 
     Access and Reliever Airport equal to the percentage of the 
     apportionment equal to the percentage of the number of 
     operations of the State's eligible General Aviation 
     Metropolitan Access and Reliever Airports compared to the 
     total operations of all General Aviation Metropolitan Access 
     and Reliever Airports.''
                                 ______
                                 

                       BAUCUS AMENDMENT NO. 1898

  Mr. BAUCUS proposed an amendment to the bill, S. 82, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.   . REPORTING OF REASONS FOR DELAYS OR CANCELLATIONS IN 
                   AIR FLIGHTS.

       In addition to the information required to be included in 
     each report filed with the Office of Airline Information of 
     the Department of Transportation under section 234.4 of title 
     14, Code of Federal Regulations (as in effect on the date of 
     enactment of this Act), each air carrier subject to the 
     reporting requirement shall specify the reasons for delays or 
     cancellations in all air flights to and from all airports for 
     which the carrier provides service during the period covered 
     by the airport.
                                 ______
                                 

                 LEVIN (AND ABRAHAM) AMENDMENT NO. 1899

  Mr. ROCKEFELLER (for Mr. Levin (for himself and Mr. Abraham)) 
proposed an amendment to the bill, S. 82, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . DESIGNATION OF GENERAL AVIATION AIRPORT.

       Section 47118 of title 49, United States Code, is amended--
       (1) in the second sentence of subsection (a), by striking 
     ``12'' and inserting ``15''; and
       (2) by adding at the end the following new subsection:
       ``(g) Designation of General Aviation Airport.--
     Notwithstanding any other provision of this section, at least 
     one of the airports designated under subsection (a) may be a 
     general aviation airport that is a former military 
     installation closed or realigned under a law described in 
     subsection (a)(1).''.
                                 ______
                                 

                  ROBB (AND OTHERS) AMENDMENT NO. 1900

  (Ordered to lie on the table.)
  Mr. ROBB (for himself, Ms. Mikulski, and Mr. Sarbanes) submitted an 
amendment intended to be proposed by them to the bill, S. 82, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.   . CURFEW.

       Notwithstanding any other provision of law, any exemptions 
     granted to air carriers under this Act may not result in 
     additional operations at Ronald Reagan Washington National 
     Airport between the hours of 10:00 p.m. and 7:00 a.m.
                                 ______
                                 

              ROBB (AND OTHERS) AMENDMENTS NOS. 1901-1902

  (Ordered to lie on the table.)
  Mr. ROBB (for himself, Mr. Sarbanes, and Ms. Mikulski) submitted two 
amendments intended to be proposed by them to the bill, S. 82, supra; 
as follows:

                           Amendment No. 1901

       At the appropriate place, insert the following new title:

                           TITLE __--_______

     SEC. __01. GOOD NEIGHBORS POLICY.

       (a) Public Disclosure of Noise Mitigation Efforts by Air 
     Carriers.--Not later than 1 year after the date of enactment 
     of this Act, and annually thereafter, the Secretary of 
     Transportation shall collect and publish information provided 
     by air carriers regarding their operating practices that 
     encourage their pilots to follow the Federal Aviation 
     Administration's operating guidelines on noise abatement.
       (b) Safety First.--The Secretary shall take such action as 
     is necessary to ensure that noise abatement efforts do not 
     threaten aviation safety.
       (c) Protection of Proprietary Information.--In publishing 
     information required by this section, the Secretary shall 
     take such action as is necessary to prevent the disclosure of 
     any air carrier's proprietary information.
       (d) No Mandate.--Nothing in this section shall be construed 
     to mandate, or to permit the Secretary to mandate, the use of 
     noise abatement settings by pilots.

     SEC. __02. GAO REVIEW OF AIRCRAFT ENGINE NOISE ASSESSMENT.

       (a) GAO Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study and report to Congress on 
     regulations and activities of the Federal Aviation 
     Administration in the area of aircraft engine noise 
     assessment. The study shall include a review of--
       (1) the consistency of noise assessment techniques across 
     different aircraft models and aircraft engines, and with 
     varying weight and thrust settings; and
       (2) a comparison of testing procedures used for unmodified 
     engines and engines with hush kits or other quieting devices.
       (b) Recommendations to the FAA.--The Comptroller General's 
     report shall include specific recommendations to the Federal 
     Aviation Administration on new measures that should be 
     implemented to ensure consistent measurement of aircraft 
     engine noise.

     SEC. __03. GAO REVIEW OF FAA COMMUNITY NOISE ASSESSMENT.

       (a) GAO Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study and report to Congress on the 
     regulations and activities of the Federal Aviation 
     Administration in the area of noise assessment in communities 
     near airports. The study shall include a review of whether 
     the noise assessment practices of the Federal Aviation 
     Administration fairly and accurately reflect the burden of 
     noise on communities.
       (b) Recommendations to the FAA.--The Comptroller General's 
     report shall include specific recommendations to the Federal 
     Aviation Administration on new measures to improve the 
     assessment of airport noise in communities near airports.
                                  ____


                           Amendment No. 1902

       At the appropriate place, insert the following new section:

     SEC. __. LIMITATIONS ON EXEMPTIONS.

       Notwithstanding any other provision of law, no additional 
     operations may be granted for Ronald Reagan Washington 
     National Airport above the level that existed on January 1, 
     1999.
                                 ______
                                 

                       BAUCUS AMENDMENT NO. 1903

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill, S. 82, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. __. AUDIT AND INVESTIGATION OF SUFFICIENCY OF 
                   INFORMATION REPORTED TO THE DEPARTMENT OF 
                   TRANSPORTATION ON DELAYS AND CANCELLATIONS OF 
                   AIR FLIGHTS.

       (a) Audit and Investigation.--The Inspector General of the 
     Department of Transportation shall conduct an audit and 
     investigation of the sufficiency of information transmitted 
     by air carriers to the Department with respect to delays or 
     cancellations in air flights caused by mechanical failure of 
     aircraft, with special attention to the sufficiency of 
     information on the reasons for such delays or cancellations.

[[Page 23727]]

       (b) Report.--Not later than __days after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Transportation shall submit a report to 
     Congress setting forth the findings of the audit and 
     investigation conducted under subsection (a).
                                 ______
                                 

                        SNOWE AMENDMENT NO. 1904

  (Ordered to lie on the table.)
  Ms. SNOWE submittted an amendment intended to be proposed by her to 
the bill, S. 82, supra; as follows:

       At the end of title V of the Manager's substitute 
     amendment, add the following:

     SEC. __. REQUIREMENT TO ENHANCE COMPETITIVENESS OF SLOT 
                   EXEMPTIONS FOR REGIONAL JET AIR SERVICE AND NEW 
                   ENTRANT AIR CARRIERS AT CERTAIN HIGH DENSITY 
                   TRAFFIC AIRPORTS.

       (a) In General.--Subchapter I of chapter 417, as amended by 
     sections 507 and 508, is amended by adding at the end thereof 
     the following:

     ``Sec. 41721. Requirement to enhance competitiveness of slot 
       exemptions for nonstop regional jet air service and new 
       entrant air carriers at certain airports

       ``In granting slot exemptions for nonstop regional jet air 
     service and new entrant air carriers under this subchapter to 
     John F. Kennedy International Airport, and La Guardia 
     Airport, the Secretary of Transportation shall require the 
     Federal Aviation Administration to provide commercially 
     reasonable times to takeoffs and landings of air flights 
     conducted under those exemptions.''.
       (b) Conforming Amendment.--The chapter analysis for 
     subchapter I of chapter 417, as amended by this title, is 
     amended by adding at the end thereof the following:

``41721. Requirement to enhance competitiveness of slot exemptions for 
              nonstop regional jet air service and new entrant air 
              carriers at certain airports.''.

                          ____________________