[House Report 106-167]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-167
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY
_______
May 28, 1999.--Ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1000]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1000) to amend title 49, United
States Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aviation Investment
and Reform Act for the 21st Century''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Administrator defined.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Passenger facility fees.
Sec. 106. Budget submission.
Subtitle B--Airport Development
Sec. 121. Runway incursion prevention devices; emergency call boxes.
Sec. 122. Windshear detection equipment.
Sec. 123. Enhanced vision technologies.
Sec. 124. Pavement maintenance.
Sec. 125. Competition plans.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Aviation security program.
Sec. 134. Inherently low-emission airport vehicle pilot program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.
Subtitle C--Miscellaneous
Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. General facilities authority.
Sec. 154. Denial of airport access to certain air carriers.
Sec. 155. Construction of runways.
Sec. 156. Use of recycled materials.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Service to Airports Not Receiving Sufficient Service
Sec. 201. Access to high density airports.
Sec. 202. Funding for air carrier service to airports not receiving
sufficient service.
Sec. 203. Waiver of local contribution.
Sec. 204. Policy for air service to rural areas.
Sec. 205. Determination of distance from hub airport.
Subtitle B--Regional Air Service Incentive Program
Sec. 211. Establishment of regional air service incentive program.
TITLE III--FAA MANAGEMENT REFORM
Sec. 301. Air traffic control system defined.
Sec. 302. Air Traffic Control Oversight Board.
Sec. 303. Chief Operating Officer.
Sec. 304. Federal Aviation Management Advisory Council.
Sec. 305. Environmental streamlining.
Sec. 306. Clarification of regulatory approval process.
Sec. 307. Independent study of FAA costs and allocations.
TITLE IV--FAMILY ASSISTANCE
Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Applicability of Death on the High Seas Act.
TITLE V--SAFETY
Sec. 501. Cargo collision avoidance systems deadlines.
Sec. 502. Records of employment of pilot applicants.
Sec. 503. Whistleblower protection for FAA employees.
Sec. 504. Safety risk mitigation programs.
Sec. 505. Flight operations quality assurance rules.
Sec. 506. Small airport certification.
Sec. 507. Life-limited aircraft parts.
Sec. 508. FAA may fine unruly passengers.
Sec. 509. Report on air transportation oversight system.
Sec. 510. Airplane emergency locators.
TITLE VI--WHISTLEBLOWER PROTECTION
Sec. 601. Protection of employees providing air safety information.
Sec. 602. Civil penalty.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Duties and powers of Administrator.
Sec. 702. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. Multiyear procurement contracts.
Sec. 705. Federal Aviation Administration personnel management system.
Sec. 706. Nondiscrimination in airline travel.
Sec. 707. Joint venture agreement.
Sec. 708. Extension of war risk insurance program.
Sec. 709. General facilities and personnel authority.
Sec. 710. Implementation of article 83 bis of the Chicago Convention.
Sec. 711. Public availability of airmen records.
Sec. 712. Appeals of emergency revocations of certificates.
Sec. 713. Government and industry consortia.
Sec. 714. Passenger manifest.
Sec. 715. Cost recovery for foreign aviation services.
Sec. 716. Technical corrections to civil penalty provisions.
Sec. 717. Waiver under Airport Noise and Capacity Act.
Sec. 718. Metropolitan Washington Airport Authority.
Sec. 719. Acquisition management system.
Sec. 720. Centennial of Flight Commission.
Sec. 721. Aircraft situational display data.
Sec. 722. Elimination of backlog of equal employment opportunity
complaints.
Sec. 723. Newport News, Virginia.
Sec. 724. Grant of easement, Los Angeles, California.
Sec. 725. Regulation of Alaska guide pilots.
Sec. 726. Aircraft repair and maintenance advisory panel.
Sec. 727. Operations of air taxi industry.
Sec. 728. Sense of Congress concerning completion of comprehensive
national airspace redesign.
Sec. 729. Compliance with requirements.
Sec. 730. Aircraft noise levels at airports.
Sec. 731. FAA consideration of certain State proposals.
TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Air tour management plans for national parks.
Sec. 804. Advisory group.
Sec. 805. Reports.
Sec. 806. Exemptions.
Sec. 807. Definitions.
TITLE IX--TRUTH IN BUDGETING
Sec. 901. Short title.
Sec. 902. Budgetary treatment of Airport and Airway Trust Fund.
Sec. 903. Safeguards against deficit spending out of Airport and Airway
Trust Fund.
Sec. 904. Applicability.
TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
Sec. 1001. Adjustment of trust fund authorizations.
Sec. 1002. Budget estimates.
Sec. 1003. Sense of Congress on fully offsetting increased aviation
spending.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. APPLICABILITY.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years beginning
after September 30, 1999.
SEC. 4. ADMINISTRATOR DEFINED.
In this Act, the term ``Administrator'' means the Administrator of
the Federal Aviation Administration.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is amended by
striking ``shall be'' the last place it appears and all that follows
through the period at the end and inserting the following: ``shall be--
``(1) $2,410,000,000 for fiscal year 1999;
``(2) $2,475,000,000 for fiscal year 2000;
``(3) $4,000,000,000 for fiscal year 2001;
``(4) $4,100,000,000 for fiscal year 2002;
``(5) $4,250,000,000 for fiscal year 2003; and
``(6) $4,350,000,000 for fiscal year 2004.''.
(b) Obligational Authority.--Section 47104(c) is amended by striking
``After'' and all that follows through ``1999,'' and inserting ``After
September 30, 2004,''.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) General Authorization and Appropriations.--Effective September
30, 1999, section 48101(a) is amended by striking paragraphs (1), (2),
and (3) and inserting the following:
``(1) Such sums as may be necessary for fiscal year 2000.
``(2) $2,500,000,000 for fiscal year 2001.
``(3) $3,000,000,000 for each of fiscal years 2002 through
2004.''.
(b) Universal Access Systems.--Section 48101 is amended by adding at
the end the following:
``(d) Universal Access Systems.--Of the amounts appropriated under
subsection (a) for fiscal year 2001, $8,000,000 may be used for the
voluntary purchase and installation of universal access systems.''.
SEC. 103. FAA OPERATIONS.
(a) Authorization of Appropriations From General Fund.--Effective
September 30, 1999, section 106(k) is amended--
(1) by inserting ``(1) In general.--'' before ``There'';
(2) in paragraph (1) (as designated by paragraph (1) of this
subsection) by striking ``the Administration'' and all that
follows through the period at the end and inserting the
following: ``the Administration--
``(A) such sums as may be necessary for fiscal year
2000;
``(B) $6,450,000,000 for fiscal year 2001;
``(C) $6,886,000,000 for fiscal year 2002;
``(D) $7,357,000,000 for fiscal year 2003; and
``(E) $7,860,000,000 for fiscal year 2004.'';
(3) by adding at the end the following:
``(2) Authorized expenditures.--Of the amounts appropriated
under paragraph (1) for fiscal years 2001 through 2004--
``(A) $450,000 per fiscal year may be used for
wildlife hazard mitigation measures and management of
the wildlife strike database of the Federal Aviation
Administration;
``(B) such sums as may be necessary may be used to
fund an office within the Federal Aviation
Administration dedicated to supporting infrastructure
systems development for both general aviation and the
vertical flight industry;
``(C) such sums as may be necessary may be used to
revise existing terminal and en route procedures and
instrument flight rules to facilitate the takeoff,
flight, and landing of tiltrotor aircraft and to
improve the national airspace system by separating such
aircraft from congested flight paths of fixed-wing
aircraft;
``(D) such sums as may be necessary may be used to
establish helicopter approach procedures using current
technologies (such as the Global Positioning System) to
support all-weather, emergency medical service for
trauma patients;
``(E) $3,000,000 per fiscal year may be used to
implement the 1998 airport surface operations safety
action plan of the Federal Aviation Administration;
``(F) $2,000,000 per fiscal year may be used to
support a university consortium established to provide
an air safety and security management certificate
program, working cooperatively with United States air
carriers; except that funds under this subparagraph--
``(i) may not be used for the construction of
a building or other facility; and
``(ii) may only be awarded on the basis of
open competition; and
``(G) such sums as may be necessary may be used to
develop or improve training programs (including model
training programs and curriculum) for security
screeners at airports.''; and
(4) by indenting paragraph (1) (as designated by paragraph
(1) of this subsection) and aligning such paragraph (1) with
paragraph (2) (as added by paragraph (2) of this subsection).
(b) Authorization of Appropriations From Trust Fund.--Section 48104
is amended--
(1) by striking subsection (b) and redesignating subsection
(c) as subsection (b);
(2) in subsection (b) (as so redesignated)--
(A) by striking the subsection heading and inserting
``General Rule: Limitation on Trust Fund Amounts.--'';
and
(B) in the matter preceding paragraph (1)--
(i) by striking ``The amount'' and inserting
``Except as provided in subsection (c), the
amount''; and
(ii) by striking ``for each of fiscal years
1994 through 1998'' and inserting ``for fiscal
year 2000 and each fiscal year thereafter'';
and
(3) by adding at the end the following:
``(c) Special Rule for Fiscal Years 2000-2004.--
``(1) In general.--If the amount appropriated under section
106(k) for any of fiscal years 2000 through 2004 less the
amount that would be appropriated, but for this subsection,
from the Trust Fund for the purposes of paragraphs (1) and (2)
of subsection (a) for such fiscal year is greater than the
general fund cap, the amount appropriated from the Trust Fund
for the purposes of paragraphs (1) and (2) of subsection (a)
for such fiscal year shall equal the amount appropriated under
section 106(k) for such fiscal year less the general fund cap.
``(2) General fund cap defined.--In this subsection, the term
`general fund cap' means that portion of the amounts
appropriated for programs of the Federal Aviation
Administration for fiscal year 1998 that was derived from the
general fund of the Treasury.
(c) Limitation on Obligating or Expending Amounts.--Section 48108 is
amended by striking subsection (c).
SEC. 104. AIP FORMULA CHANGES.
(a) Discretionary Fund.--Section 47115 is amended by striking
subsections (g) and (h) and inserting the following:
``(g) Priority for Letters of Intent.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall fulfill intentions to obligate under section 47110(e)
with amounts available in the fund established by subsection
(a) and, if such amounts are not sufficient for a fiscal year,
with amounts made available to carry out sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) on a pro
rata basis.
``(2) Procedure.--Before apportioning funds under sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of each
fiscal year, the Secretary shall determine the amount of funds
that will be necessary to fulfill intentions to obligate under
section 47110(e) in such fiscal year. If such amount is greater
than the amount of funds that will be available in the fund
established by subsection (a) for such fiscal year, the
Secretary shall reduce the amount to be apportioned under such
sections for such fiscal year on a pro rata basis by an amount
equal to the difference.''.
(b) Amounts Apportioned to Sponsors.--
(1) Amounts to be apportioned.--Effective October 1, 2000,
section 47114(c)(1) is amended--
(A) in subparagraph (A) by striking clauses (i)
through (v) and inserting the following:
``(i) $23.40 for each of the first 50,000 passenger boardings
at the airport during the prior calendar year;
``(ii) $15.60 for each of the next 50,000 passenger boardings
at the airport during the prior calendar year;
``(iii) $7.80 for each of the next 400,000 passenger
boardings at the airport during the prior calendar year;
``(iv) $1.95 for each of the next 500,000 passenger boardings
at the airport during the prior calendar year; and
``(v) $1.50 for each additional passenger boarding at the
airport during the prior calendar year.''; and
(B) in subparagraph (B) by striking ``$500,000 nor
more than $22,000,000'' and inserting ``$1,500,000''.
(2) Special rules.--Section 47114(c)(1) is amended by adding
at the end the following:
``(C) Notwithstanding subparagraph (A), the Secretary shall 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 were less than
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
the apportionment; and
``(iii) the cause of the decrease 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 airport.
``(D) Notwithstanding subparagraph (A), the Secretary shall apportion
on the first day of the first fiscal year following the official
opening of a new airport with scheduled passenger air transportation an
amount equal to the minimum amount set forth in subparagraph (B) to the
sponsor of such airport.''.
(c) Cargo Only Airports.--Section 47114(c)(2)(A) is amended by
striking ``2.5 percent'' and inserting ``3 percent''.
(d) Entitlement for General Aviation Airports.--Effective October 1,
2000, section 47114(d) is amended--
(1) in the subsection heading by striking ``to States'' and
inserting ``for General Aviation Airports'';
(2) in paragraph (1) by striking ``(1) In this'' and
inserting ``(1) Definitions.--In this'';
(3) by indenting paragraph (1) and aligning paragraph (1)
(and its subparagraphs) with paragraph (2) (as amended by
paragraph (2) of this subsection); and
(4) by striking paragraph (2) and inserting the following:
``(2) Apportionments.--The Secretary shall apportion 20
percent of the amount subject to apportionment for each fiscal
year as follows:
``(A) To each airport, excluding primary airports but
including reliever and nonprimary commercial service
airports, in States the lesser of--
``(i) $200,000; or
``(ii) \1/5\ of the most recently published
estimate of the 5-year costs for airport
improvement for the airport, as listed in the
national plan of integrated airport systems
developed by the Federal Aviation
Administration under section 47103.
``(B) Any remaining amount to States as follows:
``(i) 0.62 percent of the remaining amount to
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin
Islands.
``(ii) Except as provided in paragraph (3),
49.69 percent of the remaining amount for
airports, excluding primary airports but
including reliever and nonprimary commercial
service airports, in States not named in clause
(i) in the proportion that the population of
each of those States bears to the total
population of all of those States.
``(iii) Except as provided in paragraph (3),
49.69 percent of the remaining amount for
airports, excluding primary airports but
including reliever and nonprimary commercial
service airports, in States not named in clause
(i) in the proportion that the area of each of
those States bears to the total area of all of
those States.''.
(e) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
``(3) Special rule.--An amount apportioned under paragraph
(2) to Alaska, Puerto Rico, or Hawaii for airports in such
State may be made available by the Secretary for any public
airport in those respective jurisdictions.''.
(f) Use of State-Apportioned Funds for System Planning.--Section
47114(d) is amended by adding at the end the following:
``(4) Integrated airport system planning.--Notwithstanding
paragraph (2), funds made available under this subsection may
be used for integrated airport system planning that encompasses
1 or more primary airports.''.
(g) Flexibility in Pavement Construction Standards.--
Section 47114(d) is further amended by adding at the end the
following:
``(5) Flexibility in pavement construction standards.--The
Secretary may permit the use of State highway specifications
for airfield pavement construction using funds made available
under this subsection at nonprimary airports 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 Federal Aviation
Administration standards.''.
(h) Grants for Airport Noise Compatibility Planning.--Section
47117(e)(1) is amended--
(1) in subparagraph (A) by striking ``31 percent'' each place
it appears and inserting ``34 percent''; and
(2) in subparagraph (B) by striking ``At least'' and all that
follows through ``sponsors of current'' and inserting ``At
least 4 percent to sponsors of current''.
(i) Supplemental Apportionment for Alaska.--Effective October 1,
2000, section 47114(e) is amended--
(1) in the subsection heading by striking ``Alternative'' and
inserting ``Supplemental'';
(2) in paragraph (1)--
(A) by striking ``Instead of apportioning amounts for
airports in Alaska under'' and inserting ``In
general.--Notwithstanding'';
(B) by striking ``those airports'' and inserting
``airports in Alaska''; and
(C) by inserting before the period at the end of the
first sentence ``and by increasing the amount so
determined for each of those airports by 3 times'';
(3) in paragraph (2) by inserting ``Authority for
discretionary grants.--'' before ``This subsection'';
(4) by striking paragraph (3) and inserting the following:
``(3) Airports eligible for funds.--An amount apportioned
under this subsection may be used for any public airport in
Alaska.''; and
(5) by indenting paragraph (1) and aligning paragraph (1)
(and its subparagraphs) and paragraph (2) with paragraph (3)
(as amended by paragraph (4) of this subsection).
(j) Repeal of Apportionment Limitation on Commercial Service Airports
in Alaska.--Section 47117 is amended by striking subsection (f) and by
redesignating subsections (g) and (h) as subsections (f) and (g),
respectively.
SEC. 105. PASSENGER FACILITY FEES.
(a) Authority To Impose Higher Fee.--Section 40117(b) is amended by
adding at the end the following:
``(4) Notwithstanding paragraph (1), the Secretary may authorize
under this section an eligible agency to impose a passenger facility
fee in whole dollar amounts of more than $3 on each paying passenger of
an air carrier or foreign air carrier boarding an aircraft at an
airport the agency controls to finance an eligible airport-related
project, including making payments for debt service on indebtedness
incurred to carry out the project, if the Secretary finds--
``(A) that the project will make a significant contribution
to improving air safety and security, increasing competition
among air carriers, reducing current or anticipated congestion,
or reducing the impact of aviation noise on people living near
the airport;
``(B) that the project cannot be paid for from funds
reasonably expected to be available for the programs referred
to in section 48103; and
``(C) that the amount to be imposed is not more than twice
that which may be imposed under paragraph (1).''.
(b) Limitation on Approval of Certain Applications.--Section 40117(d)
is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of an application to impose a fee of more
than $3 for a surface transportation or terminal project, the
agency has made adequate provision for financing the airside
needs of the airport, including runways, taxiways, aprons, and
aircraft gates.''.
(c) Reducing Apportionments.--Section 47114(f) is amended--
(1) by striking ``An amount'' and inserting the following:
``(1) In general.--An amount'';
(2) by striking ``an amount equal to'' and all that follows
through the period at the end and inserting the following: ``an
amount equal to--
``(A) in the case of a fee of $3 or less, 50 percent
of the projected revenues from the fee in the fiscal
year but not by more than 50 percent of the amount that
otherwise would be apportioned under this section; and
``(B) in the case of a fee of more than $3, 75
percent of the projected revenues from the fee in the
fiscal year but not by more than 75 percent of the
amount that otherwise would be apportioned under this
section.''; and
(3) by adding at the end the following:
``(2) Effective date of reduction.--A reduction in an
apportionment required by paragraph (1) shall not take effect
until the first fiscal year following the year in which the
collection of the fee imposed under section 40117 is begun.''.
SEC. 106. BUDGET SUBMISSION.
The Administrator shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
copy of the annual budget estimates of the Federal Aviation
Administration, including line item justifications, at the same time
the annual budget estimates are submitted to the Committees on
Appropriations of the Senate and the House of Representatives.
Subtitle B--Airport Development
SEC. 121. RUNWAY INCURSION PREVENTION DEVICES; EMERGENCY CALL BOXES.
(a) Policy.--Section 47101(a)(11) is amended by inserting
``(including integrated in-pavement lighting systems for runways and
taxiways and other runway and taxiway incursion prevention devices)''
after ``technology''.
(b) Maximum Use of Safety Facilities.--Section 47101(f) is amended--
(1) by striking ``and'' at the end of paragraph (9); and
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) runway and taxiway incursion prevention devices,
including integrated in-pavement lighting systems for runways
and taxiways.''.
(c) Inclusion of Universal Access Systems and Emergency Call Boxes as
Airport Development.--Section 47102(3)(B) is amended--
(1) in clause (ii)--
(A) by striking ``and universal access systems,'' and
inserting ``, universal access systems, and emergency
call boxes,''; and
(B) by inserting ``and integrated in-pavement
lighting systems for runways and taxiways and other
runway and taxiway incursion prevention devices''
before the semicolon at the end; and
(2) by inserting before the semicolon at the end of clause
(iii) the following: ``, including closed circuit weather
surveillance equipment''.
SEC. 122. WINDSHEAR DETECTION EQUIPMENT.
Section 47102(3)(B) is further amended--
(1) by striking ``and'' at the end of clause (v);
(2) by striking the period at the end of clause (vi) and
inserting a semicolon; and
(3) by adding at the end the following:
``(vii) windshear detection equipment; and''.
SEC. 123. ENHANCED VISION TECHNOLOGIES.
(a) Study.--The Administrator shall conduct a study of the
feasibility of requiring United States airports to install enhanced
vision technologies to replace or enhance conventional landing light
systems over the 10-year period following the date of completion of
such study.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall transmit to Congress a report on the
results of the study conducted under subsection (a), together with such
recommendations as the Administrator considers appropriate.
(c) Inclusion of Installation as Airport Development.--Section 47102
is amended--
(1) in paragraph (3)(B) (as amended by this Act) by adding at
the end the following:
``(viii) enhanced vision technologies that
are certified by the Administrator of the
Federal Aviation Administration and that are
intended to replace or enhance conventional
landing light systems.''; and
(2) by adding at the end the following:
``(21) Enhanced vision technologies.--The term `enhanced
vision technologies' means laser guidance, ultraviolet
guidance, infrared, and cold cathode technologies.''.
(d) Certification.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall transmit to Congress a
schedule for deciding whether or not to certify laser guidance
equipment for use as approach lighting at United States airports and of
cold cathode lighting equipment for use as runway and taxiway lighting
at United States airports and as lighting at United States heliports.
SEC. 124. PAVEMENT MAINTENANCE.
(a) Repeal of Pilot Program.--
(1) In general.--Section 47132 is repealed.
(2) Conforming amendment.--The analysis for chapter 471 is
amended by striking the item relating to section 47132.
(b) Eligibility as Airport Development.--Section 47102(3) is amended
by adding at the end the following:
``(H) routine work to preserve and extend the useful
life of runways, taxiways, and aprons at airports that
are not primary airports, under guidelines issued by
the Administrator.''.
SEC. 125. COMPETITION PLANS.
(a) In General.--Section 47106 is amended by adding at the end the
following:
``(f) Competition Plans.--
``(1) Prohibition.--Beginning in fiscal year 2001, no
passenger facility fee may be approved for a covered airport
under section 40117 and no grant may be made under this
subchapter for a covered airport unless the airport has
submitted to the Secretary a written competition plan in
accordance with this subsection.
``(2) Contents.--A competition plan under this subsection
shall include information on the availability of airport gates
and related facilities, leasing and sub-leasing arrangements,
gate-use requirements, patterns of air service, gate-assignment
policy, financial constraints, airport controls over air- and
ground-side capacity, whether the airport intends to build or
acquire gates that would be used as common facilities, and
airfare levels (as compiled by the Department of
Transportation) compared to other large airports.
``(3) Covered airport defined.--In this subsection, the term
`covered airport' means a commercial service airport--
``(A) that has more than .25 percent of the total
number of passenger boardings each year at all such
airports; and
``(B) at which 1 or 2 air carriers control more than
50 percent of the passenger boardings.''.
(b) Cross Reference.--Section 40117 is amended by adding at the end
the following:
``(j) Competition Plans.--Beginning in fiscal year 2001, no eligible
agency may impose a passenger facility fee under this section with
respect to a covered airport (as such term is defined in section
47106(f)) unless the agency has submitted to the Secretary a written
competition plan in accordance with such section. This subsection does
not apply to passenger facility fees in effect before the date of
enactment of this subsection.''.
SEC. 126. MATCHING SHARE.
Section 47109(a) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) not more than 90 percent for a project funded by a
grant issued to and administered by a State under section
47128, relating to the State block grant program;'';
(3) by striking ``and'' at the end of paragraph (3) (as so
redesignated);
(4) by striking the period at the end of paragraph (4) (as so
redesignated) and inserting ``; and''; and
(5) by adding at the end the following:
``(5) 100 percent in fiscal year 2001 for any project--
``(A) at an airport other than a primary airport; or
``(B) at a primary airport having less than .05
percent of the total number of passenger boardings each
year at all commercial service airports.''.
SEC. 127. LETTERS OF INTENT.
Section 47110(e) is amended--
(1) by striking paragraph (2)(C) and inserting the following:
``(C) that meets the criteria of section 47115(d) and, if for
a project at a commercial service airport having at least 0.25
percent of the boardings each year at all such airports, the
Secretary decides will enhance system-wide airport capacity
significantly.''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Letters of intent.--The Secretary may not require an eligible
agency to impose a passenger facility fee under section 40117 in order
to obtain a letter of intent under this section.''.
SEC. 128. GRANTS FROM SMALL AIRPORT FUND.
(a) Set-Aside for Meeting Safety Terms in Airport Operating
Certificates.--Section 47116 is amended by adding at the end the
following:
``(e) Set-Aside for Meeting Safety Terms in Airport Operating
Certificates.--In the first fiscal year beginning after the effective
date of regulations issued to carry out section 44706(b) with respect
to airports described in section 44706(a)(2), and in each of the next 4
fiscal years, the lesser of $15,000,000 or 20 percent of the amounts
that would otherwise be distributed to sponsors of airports under
subsection (b)(2) shall be used to assist the airports in meeting the
terms established by the regulations. If the Secretary publishes in the
Federal Register a finding that all the terms established by the
regulations have been met, this subsection shall cease to be effective
as of the date of such publication.''.
(b) Notification of Source of Grant.--Section 47116 is further
amended by adding at the end the following:
``(f) Notification of Source of Grant.--Whenever the Secretary makes
a grant under this section, the Secretary shall notify the recipient of
the grant, in writing, that the source of the grant is from the small
airport fund.''.
(c) Technical Amendments.--Section 47116(d) is amended--
(1) by striking ``In making'' and inserting the following:
``(1) Construction of new runways.--In making'';
(2) by adding at the end the following:
``(2) Airport development for turbine powered aircraft.--In
making grants to sponsors described in subsection (b)(1), the
Secretary shall give priority consideration to airport
development projects to support operations by turbine powered
aircraft, if the non-Federal share of the project is at least
40 percent.''; and
(3) by aligning the remainder of paragraph (1) (as designated
by paragraph (1) of this subsection) with paragraph (2) (as
added by paragraph (2) of this subsection).
SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.
Section 47117(f) (as redesignated by section 104(j) of this Act) is
amended to read as follows:
``(f) Discretionary Use of Apportionments.--
``(1) In general.--Subject to paragraph (2), if the Secretary
finds that all or part of an amount of an apportionment under
section 47114 is not required during a fiscal year to fund a
grant for which the apportionment may be used, the Secretary
may use during such fiscal year the amount not so required to
make grants for any purpose for which grants may be made under
section 48103. The finding may be based on the notifications
that the Secretary receives under section 47105(f) or on other
information received from airport sponsors.
``(2) Restoration of apportionments.--
``(A) In general.--If the fiscal year for which a
finding is made under paragraph (1) with respect to an
apportionment is not the last fiscal year of
availability of the apportionment under subsection (b),
the Secretary shall restore to the apportionment an
amount equal to the amount of the apportionment used
under paragraph (1) for a discretionary grant whenever
a sufficient amount is made available under section
48103.
``(B) Period of availability.--If restoration under
this paragraph is made in the fiscal year for which the
finding is made or the succeeding fiscal year, the
amount restored shall be subject to the original period
of availability of the apportionment under subsection
(b). If the restoration is made thereafter, the amount
restored shall remain available in accordance with
subsection (b) for the original period of availability
of the apportionment, plus the number of fiscal years
during which a sufficient amount was not available for
the restoration.
``(3) Newly available amounts.--
``(A) Restored amounts to be unavailable for
discretionary grants.--Of an amount newly available
under section 48103 of this title, an amount equal to
the amounts restored under paragraph (2) shall not be
available for discretionary grant obligations under
section 47115.
``(B) Use of remaining amounts.--Subparagraph (A)
does not impair the Secretary's authority under
paragraph (1), after a restoration under paragraph (2),
to apply all or part of a restored amount that is not
required to fund a grant under an apportionment to fund
discretionary grants.
``(4) Limitations on obligations apply.--Nothing in this
subsection shall be construed to authorize the Secretary to
incur grant obligations under section47104 for a fiscal year in
an amount greater than the amount made available under section 48103
for such obligations for such fiscal year.''.
SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) In General.--Section 47118 is amended--
(1) in subsection (a) by striking ``12'' and inserting ``12
for fiscal year 2000 and 20 for each fiscal year thereafter'';
(2) by striking subsection (c) and redesignating subsections
(d) through (f) as subsections (c) through (e), respectively;
(3) in subsection (c) (as so redesignated)--
(A) by striking ``47117(e)(1)(E)'' and inserting
``47117(e)(1)(B)'';
(B) by striking ``5-fiscal-year periods'' and
inserting ``periods, each not to exceed 5 fiscal
years,''; and
(C) by striking ``each such subsequent 5-fiscal-year
period'' and inserting ``each such subsequent period'';
and
(4) by adding at the end the following:
``(f) Designation of General Aviation Airport.--Notwithstanding any
other provision of this section, at least 3 of the airports designated
under subsection (a) shall be general aviation airports that were
former military installations closed or realigned under a section
referred to in subsection (a)(1).''.
(b) Terminal Building Facilities.--Section 47118(d) (as redesignated
by subsection (a)(2) of this section) is amended by striking
``$5,000,000'' and inserting ``$7,000,000''.
(c) Eligibility of Air Cargo Terminals.--Section 47118(e) (as
redesignated by subsection (a)(2) of this section) is amended--
(1) in subsection heading by striking ``and Hangers'' and
inserting ``Hangers, and Air Cargo Terminals'';
(2) by striking ``$4,000,000'' and inserting ``$7,000,000'';
and
(3) by inserting after ``hangers'' the following: ``and air
cargo terminals of an area that is 50,000 square feet or
less''.
SEC. 131. CONTRACT TOWER COST-SHARING.
Section 47124(b) is amended by adding at the end the following:
``(3) Contract air traffic control tower pilot program.--
``(A) In general.--The Secretary shall establish a
pilot program to contract for air traffic control
services at Level I air traffic control towers, as
defined by the Administrator of the Federal Aviation
Administration, that do not qualify for the Contract
Tower program established under subsection (a) and
continued under paragraph (1) (hereafter in this
paragraph referred to as the `Contract Tower Program').
``(B) Program components.--In carrying out the pilot
program established under subparagraph (A), the
Administrator shall--
``(i) utilize for purposes of cost-benefit
analyses, current, actual, site-specific data,
forecast estimates, or airport master plan data
provided by a facility owner or operator and
verified by the Administrator;
``(ii) approve for participation only
facilities willing to fund a pro rata share of
the operating costs of the air traffic control
tower to achieve a 1 to 1 benefit-to-cost
ratio, as required for eligibility under the
Contract Tower Program; and
``(iii) approve for participation no more
than 2 facilities willing to fund up to 50
percent, but not less than 25 percent, of
construction costs for an air traffic control
tower built by the airport operator and for
each of such facilities the Federal share of
construction cost does not exceed $1,100,000.
``(C) Priority.--In selecting facilities to
participate in the program under this paragraph, the
Administrator shall give priority to the following:
``(i) Air traffic control towers that are
participating in the Contract Tower Program but
have been notified that they will be terminated
from such program because the Administration
has determined that the benefit-to-cost ratio
for their continuation in such program is less
than 1.0.
``(ii) Air traffic control towers that the
Administrator determines have a benefit-to-cost
ratio of at least .85.
``(iii) Air traffic control towers of the
Federal Aviation Administration that are closed
as a result of the air traffic controllers
strike in 1981.
``(iv) Air traffic control towers that are
located at airports or points at which an air
carrier is receiving compensation under the
essential air service program under this
chapter.
``(v) Air traffic control towers located at
airports that are prepared to assume partial
responsibility for maintenance costs.
``(vi) Air traffic control towers that are
located at airports with safety or operational
problems related to topography, weather, runway
configuration, or mix of aircraft.
``(D) Costs exceeding benefits.--If the costs of
operating an air traffic tower under the pilot program
established under this paragraph exceed the benefits,
the airport sponsor or State of local government having
jurisdiction over the airport shall pay the portion of
the costs that exceed such benefit.
``(E) Funding.--Of the amounts appropriated pursuant
to section 106(k), not to exceed $6,000,000 per fiscal
year may be used to carry out this paragraph.''.
SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) In General.--Subchapter I of chapter 471 is amended by adding at
the end the following:
``Sec. 47135. Innovative financing techniques
``(a) In General.--The Secretary of Transportation may approve
applications for not more than 25 airport development projects for
which grants received under this subchapter may be used for innovative
financing techniques. Such projects shall be located at airports that
each year have less than .25 percent of the total number of passenger
boardings each year at all commercial service airports.
``(b) Purpose.--The purpose of grants made under this section shall
be to provide information on the benefits and difficulties of using
innovative financing techniques for airport development projects.
``(c) Limitations.--
``(1) No guarantees.--In no case shall the implementation of
an innovative financing technique under this section be used in
a manner giving rise to a direct or indirect guarantee of any
airport debt instrument by the United States Government.
``(2) Types of techniques.--In this section, innovative
financing techniques are limited to--
``(A) payment of interest;
``(B) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible
airport development; and
``(C) flexible non-Federal matching requirements.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is amended by adding at the end the following:
``47135. Innovative financing techniques.''.
SEC. 133. AVIATION SECURITY PROGRAM.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding the following new section:
``Sec. 47136. Aviation 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 one project to test and evaluate innovative aviation security
systems and related technology.
``(b) Priority.--In carrying out this section, the Secretary shall
give the highest priority to a request from an eligible sponsor for a
grant to undertake a project that--
``(1) evaluates and tests the benefits of innovative aviation
security systems or related technology, including explosives
detection systems, for the purpose of improving aviation
security, including aircraft physical security, access control,
and passenger and baggage screening; and
``(2) provides testing and evaluation of airport security
systems and technology in an operational, test bed environment.
``(c) Matching Share.--Notwithstanding section 47109, the United
States Government's share of allowable project costs for a project
under this section shall be 100 percent.
``(d) Terms and Conditions.--The Secretary may establish such terms
and conditions as the Secretary determines appropriate for carrying out
a project under this section, including terms and conditions relating
to the form and content of a proposal for a project, project
assurances, and schedule of payments.
``(e) Eligible Sponsor Defined.--In this section, the term `eligible
sponsor' means a nonprofit corporation composed of a consortium of
public and private persons, including a sponsor of a primary airport,
with the necessary engineering and technical expertise to successfully
conduct the testing and evaluation of airport and aircraft related
security systems.
``(f) Authorization of Appropriations.--Of the amounts made available
to the Secretary under section 47115 in a fiscal year, the Secretary
shall make available not less than $5,000,000 for the purpose of
carrying out this section.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47136. Aviation security program.''.
SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47137. Inherently low-emission airport vehicle pilot program
``(a) In General.--The Secretary of Transportation shall carry out a
pilot program at not more than 10 public-use airports under which the
sponsors of such airports may use funds made available under section
48103 for use at such airports to carry out inherently low-emission
vehicle activities. Notwithstanding any other provision of this
subchapter, inherently low-emission vehicle activities shall for
purposes of the pilot program be treated as eligible for assistance
under this subchapter.
``(b) Location in Air Quality Nonattainment Areas.--A public-use
airport shall be eligible for participation in the pilot program only
if the airport is located in an air quality nonattainment area (as
defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(d)).
``(c) Selection Criteria.--In selecting from among applicants for
participation in the pilot program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of
funds expended under the pilot program.
``(d) United States Government's Share.--Notwithstanding any other
provision of this subchapter, the United States Government's share of
the costs of a project carried out under the pilot program shall be 50
percent.
``(e) Maximum Amount.--Not more than $2,000,000 may be expended under
the pilot program at any single public-use airport.
``(f) Report to Congress.--Not later than 18 months after the date of
enactment of this section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing an evaluation of the
effectiveness of the pilot program.
``(g) Inherently Low-Emission Vehicle Activity Defined.--In this
section, the term `inherently low-emission vehicle activity' means--
``(1) the construction of infrastructure facilities necessary
for the use of vehicles that are certified as inherently low-
emission vehicles under title 40 of the Code of Federal
Regulations, that are labeled in accordance with section
88.312-93(c) of such title, and that are located or primarily
used at public-use airports;
``(2) the payment of that portion of the cost of acquiring
such vehicles that exceeds the cost of acquiring other vehicles
that would be used for the same purpose; or
``(3) the acquisition of technological equipment necessary
for the use of vehicles described in paragraph (1).''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47137. Inherently low-emission airport vehicle pilot program.''.
SEC. 135. TECHNICAL AMENDMENTS.
(a) Continuation of Project Funding.--Section 47108 is amended by
adding at the end the following:
``(e) Change in Airport Status.--In the event that the status of a
primary airport changes to a nonprimary airport at a time when a
terminal development project under a multiyear agreement under
subsection (a) is not yet completed, the project shall remain eligible
for funding from discretionary funds under section 47115 at the funding
level and under the terms provided by the agreement, subject to the
availability of funds.''.
(b) 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 the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end 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 carrier in the class constitutes not
more than 1 percent of the total number of passengers
enplaned annually at the airport at which the fee is
imposed; or
``(B) passengers traveling to an airport--
``(i) that has fewer than 2,500 passenger
boardings each year and receives scheduled
passenger service; and
``(ii) in a community which has a population
of less than 10,000 and is not connected by a
land highway to the land-connected National
Highway System within a State.''.
SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIRPORTS.
(a) Project Grant Assurances.--Section 47107(h) is amended by
inserting ``(including an assurance with respect to disposal of land by
an airport owner or operator under subsection (c)(2)(B) without regard
to whether or not the assurance or grant was made before December 29,
1987)'' after ``1987''.
(b) Conveyances of United States Government Land.--Section 47125(a)
is amended by adding at the end the following: ``The Secretary may only
release an option of the United States for a reversionary interest
under this subsection after providing notice and an opportunity for
public comment. The Secretary shall publish in the Federal Register any
decision of the Secretary to release a reversionary interest and the
reasons for the decision.''.
(c) Requests by Public Agencies.--Section 47151 is amended by adding
at the end the following:
``(d) Requests by Public Agencies.--Except with respect to a request
made by another department, agency, or instrumentality of the executive
branch of the United States Government, such a department, agency, or
instrumentality shall give priority consideration to a request made by
a public agency (as defined in section 47102) for surplus property
described in subsection (a) for use at a public airport.''.
(d) Notice and Public Comment; Publication of Decisions.--Section
47153(a) is amended--
(1) in paragraph (1) by inserting ``, after providing notice
and an opportunity for public comment,'' after ``if the
Secretary decides''; and
(2) by adding at the end the following:
``(3) Publication of decisions.--The Secretary shall publish
in the Federal Register any decision to waive a term under
paragraph (1) and the reasons for the decision.''.
(e) Considerations.--Section 47153 is amended by adding at the end
the following:
``(c) Considerations.--In deciding whether to waive a term required
by section 47152 or add another term, the Secretary shall consider the
current and future needs of the users of the airport.''.
(f) References to Gifts.--Chapter 471 is amended--
(1) in section 47151--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1) by
striking ``give'' and inserting ``convey to'';
and
(ii) in paragraph (2) by striking ``gift''
and inserting ``conveyance'';
(B) in subsection (b)--
(i) by striking ``giving'' and inserting
``conveying''; and
(ii) by striking ``gift'' and inserting
``conveyance''; and
(C) in subsection (c)--
(i) in the subsection heading by striking
``Given'' and inserting ``Conveyed''; and
(ii) by striking ``given'' and inserting
``conveyed'';
(2) in section 47152--
(A) in the section heading by striking ``gifts'' and
inserting ``conveyances''; and
(B) in the matter preceding paragraph (1) by striking
``gift'' and inserting ``conveyance'';
(3) in section 47153(a)(1)--
(A) by striking ``gift'' each place it appears and
inserting ``conveyance''; and
(B) by striking ``given'' and inserting ``conveyed'';
and
(4) in the analysis for such chapter by striking the item
relating to section 47152 and inserting the following:
``47152. Terms of conveyances.''.
Subtitle C--Miscellaneous
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS.
Section 40117(a)(3)(E) is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by striking the period at the end and inserting the
following: ``(including structural foundations and floor
systems, exterior building walls and load-bearing interior
columns or walls, windows, door and roof systems, and building
utilities (including heating, air conditioning, ventilation,
plumbing, and electrical service)), and aircraft fueling
facilities adjacent to the gate.''.
SEC. 152. TERMINAL DEVELOPMENT COSTS.
(a) With Respect to Passenger Facility Charges.--Section 40117(a)(3)
is further amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) for costs of terminal development referred to
in subparagraph (B) incurred after August 1, 1986, at
an airport that did not have more than .25 percent of
the total annual passenger boardings in the United
States in the most recent calendar year for which data
is available and at which total passenger boardings
declined by at least 16 percent between calendar year
1989 and calendar year 1997;''.
(b) Repaying Borrowed Money.--Section 47119(a) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``0.05'' and inserting ``0.25''; and
(B) by striking ``between January 1, 1992, and
October 31, 1992,'' and inserting ``between August 1,
1986, and September 30, 1990, or between June 1, 1991,
and October 31, 1992,''; and
(2) in paragraph (1)(B) by striking ``an airport development
project outside the terminal area at that airport'' and
inserting ``any needed airport development project affecting
safety, security, or capacity''.
(c) Nonhub Airports.--Section 47119(c) is amended by striking
``0.05'' and inserting ``0.25''.
(d) Nonprimary Commercial Service Airports.--Section 47119 is amended
by adding at the end the following:
``(d) Determination of Passenger Boarding at Commercial Service
Airport.--For the purpose of determining whether an amount may be
distributed for a fiscal year from the discretionary fund in accordance
with subsection (b)(2)(A) to a commercial service airport, the
Secretary shall make the determination of whether or not a public
airport is a commercial service airport on the basis of the number of
passenger boardings and type of air service at the public airport in
the calendar year that includes the first day of such fiscal year or
the preceding calendar year, whichever is more beneficial to the
airport.''.
SEC. 153. GENERAL FACILITIES AUTHORITY.
(a) Continuation of ILS Inventory Program.--Section 44502(a)(4)(B) is
amended--
(1) by striking ``each of fiscal years 1995 and 1996'' and
inserting ``each of fiscal years 1999 through 2004''; and
(2) by inserting ``under new or existing contracts'' after
``including acquisition''.
(b) Loran-C Navigation Facilities.--Section 44502(a) is amended by
adding at the end the following:
``(5) Maintenance and upgrade of loran-c navigation
facilities.--The Secretary shall maintain and upgrade Loran-C
navigation facilities throughout the transition period to
satellite-based navigation.''.
SEC. 154. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.
Section 44706 is amended by adding at the end the following:
``(g) Included Charter Air Transportation.--For the purposes of
subsection (a)(2), a scheduled passenger operation includes 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.
``(h) Authority To Preclude Scheduled Passenger Operations.--The
Administrator shall permit an airport that will be subject to
certification under subsection (a)(2) to preclude scheduled passenger
operations (including public charter operations described in subsection
(g)) at the airport if the airport notifies the Administrator, in
writing, that it does not intend to obtain an airport operating
certificate.''.
SEC. 155. CONSTRUCTION OF RUNWAYS.
Notwithstanding any provision of law that specifically restricts the
number of runways at a single international airport, the Secretary of
Transportation may obligate funds made available under chapters 471 and
481 of title 49, United States Code, for any project to construct a new
runway at such airport, unless this section is expressly repealed.
SEC. 156. USE OF RECYCLED MATERIALS.
(a) Study.--The Administrator shall conduct a study of the use of
recycled materials (including recycled pavements, waste materials, and
byproducts) in pavement used for runways, taxiways, and aprons and the
specification standards in tests necessary for the use of recycled
materials in such pavement. The primary focus of the study shall be on
the long term physical performance, safety implications, and
environmental benefits of using recycled materials in aviation
pavement.
(b) Contracting.--The Administrator may carry out the study under
this section by entering into a contract with a university of higher
education with expertise necessary to carry out the study.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall transmit to Congress a report on the
results of the study conducted under this section together with
recommendations concerning the use of recycled materials in aviation
pavement.
(d) Funding.--Of the amounts appropriated pursuant to section 106(k),
not to exceed $1,500,000 in the aggregate may be used to carry out this
section.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Service to Airports Not Receiving Sufficient Service
SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.
(a) Repeal of Slot Rule for Certain Airports.--Effective March 1,
2000, the requirements of subparts K and S of part 93 of title 14, Code
of Federal Regulations, are of no force and effect at an airport other
than Ronald Reagan Washington National Airport. The Secretary of
Transportation is authorized to undertake appropriate actions to
effectuate an orderly termination of these requirements.
(b) Slot Exemptions for Service to Reagan National Airport.--Section
41714 is amended by striking subsections (e) and (f) and inserting the
following:
``(e) Slots for Airports Not Receiving Sufficient Service.--
``(1) Exemptions.--Notwithstanding chapter 491, the Secretary
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), to
enable air carriers to provide nonstop air transportation using
jet aircraft that comply with the stage 3 noise levels of part
36 of such title 14 between Ronald Reagan Washington National
Airport and an airport that had less than 2,000,000
enplanements in the most recent year for which such enplanement
data is available or between Ronald Reagan Washington National
Airport and an airport that does not have nonstop
transportation to Ronald Reagan Washington National Airport
using such aircraft on the date on which the application for an
exemption is filed.
``(2) Limitations.--
``(A) Maximum number of exemptions.--No more than 2
exemptions per hour and no more than 6 exemptions per
day may be granted under this subsection for slots at
Ronald Reagan Washington National Airport.
``(B) Maximum distance of flights.--An exemption may
be granted under this subsection for a slot at Ronald
Reagan Washington National Airport only if the flight
utilizing such slot begins or ends within 1,250 miles
of the Airport and a stage 3 aircraft is used for such
flight.
``(3) Application.--An air carrier interested in an exemption
under this subsection shall submit to the Secretary an
application for such exemption. No application may be submitted
to the Secretary before the last day of the 30-day period
beginning on the date of the enactment of this paragraph.
``(4) Deadline for decision.--Notwithstanding any other
provision of law, the Secretary shall make a decision with
regard to granting an exemption under this subsection on or
before the 120th day following the date of the application for
the exemption. If the Secretary does not make the decision on
or before such 120th day, the air carrier applying for the
service may provide such service until the Secretary makes the
decision or the Administrator of the Federal Aviation
Administration determines that providing such service would
have an adverse effect on air safety.
``(5) Period of effectiveness.--An exemption granted under
this subsection shall remain in effect only while the air
carrier for whom the exemption is granted continues to provide
the nonstop air transportation for which the exemption is
granted.
``(f) Treatment of Certain Commuter Air 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.''.
(c) Conforming Amendments.--Effective March 1, 2000, section 41714
(as amended by subsection (b) of this section) is amended--
(1) by striking subsections (a), (b), (c), (g), and (i);
(2) by redesignating subsections (d), (e), (f), and (h) as
subsections (a), (b), (c), and (d), respectively;
(3) in the heading for subsection (a) (as so redesignated) by
striking ``Special Rules for''; and
(4) by striking subsection (c) (as so redesignated) and
inserting the following:
``(c) Slot Defined.--The term `slot' means a reservation for an
instrument flight rule takeoff or landing by an air carrier or an
aircraft in air transportation.''.
SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING
SUFFICIENT SERVICE.
(a) In General.--Section 41742(a) is amended by striking
``$50,000,000'' and inserting ``$60,000,000''.
(b) Funding for Small Community Air Service.--Section 41742(b) of
title 49, United States Code, is amended to read as follows:
``(b) Funding for Small Community Air Service.--
``(1) In general.--Notwithstanding any other provision of
law, from moneys credited to the account established under
section 45303(a), including the funds derived from fees imposed
under the authority contained in section 45301(a)--
``(A) not to exceed $50,000,000 for each fiscal year
beginning after September 30, 1999, shall be used to
carry out the small community air service program under
this subchapter; and
``(B) not to exceed $10,000,000 for such fiscal year
shall be used--
``(i) for assisting an air carrier to
subsidize service to and from an underserved
airport for a period not to exceed 3 years;
``(ii) for assisting an underserved airport
to obtain jet aircraft service (and to promote
passenger use of that service) to and from the
underserved airport; and
``(iii) for assisting an underserved airport
to implement such other measures as the
Secretary of Transportation, in consultation
with such airport, considers appropriate to
improve air service both in terms of the cost
of such service to consumers and the
availability of such service, including
improving air service through marketing and
promotion of air service and enhanced
utilization of airport facilities.
``(2) Rural air safety.--Any funds that are made available by
paragraph (1) for a fiscal year and that the Secretary
determines will not be obligated or expended before the last
day of such fiscal year shall be available to the Administrator
for use under this subchapter in improving rural air safety at
airports with less than 100,000 annual boardings.
``(3) Allocation of additional funding.--If, for a fiscal
year beginning after September 30, 1999, more than $60,000,000
is made available under subsection (a) to carry out the small
community air service program, \1/2\ of the amounts in excess
of $60,000,000 shall be used for the purposes specified in
paragraph (1)(B), in addition to amounts made available for
such purposes under paragraph (1)(B).
``(4) Use of unobligated amounts.--Any funds made available
under paragraph (1)(A) for the small community air service
program for a fiscal year that the Secretary determines will
not be obligated or expended before the last day of such fiscal
year shall be available for use by the Secretary for the
purposes described in paragraph (1)(B).
``(5) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), of the amounts
appropriated pursuant to section 106(k) for a fiscal year
beginning after September 30, 2000, not to exceed $15,000,000
may be used--
``(A) to provide assistance to an air carrier to
subsidize service to and from an underserved airport
for a period not to exceed 3 years;
``(B) to provide assistance to an underserved airport
to obtain jet aircraft service (and to promote
passenger use of that service) to and from the
underserved airport; and
``(C) to provide assistance to an underserved airport
to implement such other measures as the Secretary, in
consultation with such airport, considers appropriate
to improve air service both in terms of the cost of
such service to consumers and the availability of such
service, including improving air service through
marketing and promotion of air service and enhanced
utilization of airport facilities.
``(6) Priority criteria for assisting airports not receiving
sufficient service.--In providing assistance to airports under
paragraphs (1)(B) and (5), the Administrator shall give
priority to those airports for which a community will provide,
from local sources (other than airport revenues), a portion of
the cost of the activity to be assisted.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Underserved airport.--The term `underserved
airport' means a nonhub airport or small hub airport
(as such terms are defined in section 41731) that--
``(i) the Secretary determines is not
receiving sufficient air carrier service; or
``(ii) has unreasonably high airfares.
``(B) Unreasonably high airfare.--The term
`unreasonably high airfare', as used with respect to an
airport, means that the airfare listed in the table
entitled `Top 1,000 City-Pair Market Summarized by
City', contained in the Domestic Airline Fares Consumer
Report of the Department of Transportation, for one or
more markets for which the airport is a part of has an
average yield listed in such table that is more than 19
cents.''.
(c) Conforming Amendments.--Chapter 417 is amended--
(1) in the heading for section 41742 by striking
``Essential'' and inserting ``Small community'';
(2) in each of subsections (a), (b), and (c) of section 41742
by striking ``essential air'' each place it appears and
inserting ``small community air''; and
(3) in the analysis for such chapter by striking the item
relating to section 41742 and inserting the following:
``41742. Small community air service authorization.''.
SEC. 203. WAIVER OF LOCAL CONTRIBUTION.
Section 41736(b) is amended by adding at the end the following:
``Paragraph (4) shall not apply to any place for which a proposal was
approved or that was designated as eligible under this section in the
period beginning on October 1, 1991, and ending on December 31,
1997.''.
SEC. 204. POLICY FOR AIR SERVICE TO RURAL AREAS.
Section 40101(a) is amended by adding at the end the following:
``(16) ensuring that consumers in all regions of the United
States, including those in small communities and rural and
remote areas, have access to affordable, regularly scheduled
air service.''.
SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.
The Secretary of Transportation shall not deny assistance with
respect to a place under subchapter II of chapter 417 of title 49,
United States Code, solely on the basis that the place is located
within 70 highway miles of a hub airport (as defined by section 41731
of such title) if the most commonly used highway route between the
place and the hub airport exceeds 70 miles.
Subtitle B--Regional Air Service Incentive Program
SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE INCENTIVE PROGRAM.
(a) In General.--Chapter 417 is amended by adding at the end the
following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec. 41761. Purpose
``The purpose of this subchapter is to improve service by jet
aircraft to underserved markets by providing assistance, in the form of
Federal credit instruments, to commuter air carriers that purchase
regional jet aircraft for use in serving those markets.
``Sec. 41762. Definitions
``In this subchapter, the following definitions apply:
``(1) Air carrier.--The term `air carrier' means any air
carrier holding a certificate of public convenience and
necessity issued by the Secretary of Transportation under
section 41102.
``(2) Aircraft purchase.--The term `aircraft purchase' means
the purchase of commercial transport aircraft, including spare
parts normally associated with the aircraft.
``(3) Capital reserve subsidy amount.--The term `capital
reserve subsidy amount' means the amount of budget authority
sufficient to cover estimated long-term cost to the United
States Government of a Federal credit instrument, calculated on
a net present value basis, excluding administrative costs and
any incidental effects on government receipts or outlays in
accordance with provisions of the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq).
``(4) Commuter air carrier.--The term `commuter air carrier'
means an air carrier that primarily operates aircraft designed
to have a maximum passenger seating capacity of 75 or less in
accordance with published flight schedules.
``(5) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of
credit authorized to be made under this subchapter.
``(6) Financial obligation.--The term `financial obligation'
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of an
aircraft purchase, other than a Federal credit instrument.
``(7) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined by section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation) known as Rule 144A(a) of the Security and
Exchange Commission and issued under the Security Act of 1933
(15 U.S.C. 77a et seq.)), including--
``(A) a qualified retirement plan (as defined in
section 4974(c) of the Internal Revenue Code of 1986)
that is a qualified institutional buyer; and
``(B) a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer.
``(8) Line of credit.--The term `line of credit' means an
agreement entered into by the Secretary with an obligor under
section 41763(d) to provide a direct loan at a future date upon
the occurrence of certain events.
``(9) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary under section
41763(c) to pay all or part of any of the principal of and
interest on a loan or other debt obligation issued by an
obligor and funded by a lender.
``(10) New entrant air carrier.--The term `new entrant air
carrier' means an air carrier that has been providing air
transportation according to a published schedule for less than
5 years, including any person that has received authority from
the Secretary to provide air transportation but is not
providing air transportation.
``(11) Nonhub airport.--The term `nonhub airport' means an
airport that each year has less than .05 percent of the total
annual boardings in the United States.
``(12) Obligor.--The term `obligor' means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
``(13) Regional jet aircraft.--The term `regional jet
aircraft' means a civil aircraft--
``(A) powered by jet propulsion; and
``(B) designed to have a maximum passenger seating
capacity of not less than 30 nor more than 75.
``(14) Secured loan.--The term `secured loan' means a direct
loan funded by the Secretary in connection with the financing
of an aircraft purchase under section 41763(b).
``(15) Small hub airport.--The term `small hub airport' means
an airport that each year has at least .05 percent, but less
than .25 percent, of the total annual boardings in the United
States.
``(16) Underserved market.--The term `underserved market'
means a passenger air transportation market (as defined by the
Secretary) that--
``(A) is served (as determined by the Secretary) by a
nonhub airport or a small hub airport;
``(B) is not within a 40-mile radius of an airport
that each year has at least .25 percent of the total
annual boardings in the United States; and
``(C) the Secretary determines does not have
sufficient air service.
``Sec. 41763. Federal credit instruments
``(a) In General.--Subject to this section, the Secretary of
Transportation may enter into agreements with 1 or more obligors to
make available Federal credit instruments, the proceeds of which shall
be used to finance aircraft purchases.
``(b) Secured Loans.--
``(1) Terms and limitations.--
``(A) In general.--A secured loan under this section
with respect to an aircraft purchase shall be on such
terms and conditions and contain such covenants,
representatives, warranties, and requirements
(including requirements for audits) as the Secretary
determines appropriate.
``(B) Maximum amount.--No secured loan may be made
under this section--
``(i) that extends to more than 50 percent of
the purchase price (including the value of any
manufacturer credits, post-purchase options, or
other discounts) of the aircraft, including
spare parts, to be purchased; or
``(ii) that, when added to the remaining
balance on any other Federal credit instruments
made under this subchapter, provides more than
$100,000,000 of outstanding credit to any
single obligor.
``(C) Final payment date.--The final payment on the
secured loan shall not be due later than 18 years after
the date of execution of the loan agreement.
``(D) Subordination.--The secured loan may be
subordinate to claims of other holders of obligations
in the event of bankruptcy, insolvency, or liquidation
of the obligor as determined appropriate by the
Secretary.
``(E) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the United States Government of making a secured
loan under this section. The proceeds of such fees
shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be
available upon deposit until expended.
``(2) Repayment.--
``(A) Schedule.--The Secretary shall establish a
repayment schedule for each secured loan under this
section based on the projected cash flow from aircraft
revenues and other repayment sources.
``(B) Commencement.--Scheduled loan repayments of
principal and interest on a secured loan under this
section shall commence no later than 3 years after the
date of execution of the loan agreement.
``(3) Prepayment.--
``(A) Use of excess revenue.--After satisfying
scheduled debt service requirements on all financial
obligations and secured loans and all deposit
requirements under the terms of any trust agreement,
bond resolution, or similar agreement securing
financial obligations, the secured loan may be prepaid
at anytime without penalty.
``(B) Use of proceeds of refinancing.--The secured
loan may be prepaid at any time without penalty from
proceeds of refinancing from non-Federal funding
sources.
``(c) Loan Guarantees.--
``(1) In general.--A loan guarantee under this section with
respect to a loan made for an aircraft purchase shall be made
in such form and on such terms and conditions and contain such
covenants, representatives, warranties, and requirements
(including requirements for audits) as the Secretary determines
appropriate.
``(2) Maximum amount.--No loan guarantee shall be made under
this section--
``(A) that extends to more than the unpaid interest
and 50 percent of the unpaid principal on any loan;
``(B) that, for any loan or combination of loans,
extends to more than 50 percent of the purchase price
(including the value of any manufacturer credits, post-
purchase options, or other discounts) of the aircraft,
including spare parts, to be purchased with the loan or
loan combination;
``(C) on any loan with respect to which terms permit
repayment more than 15 years after the date of
execution of the loan; or
``(D) that, when added to the remaining balance on
any other Federal credit instruments made under this
subchapter, provides more than $100,000,000 of
outstanding credit to any single obligor.
``(3) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the United
States Government of making a loan guarantee under this
section. The proceeds of such fees shall be deposited in an
account to be used by the Secretary for the purpose of
administering the program established under this subchapter and
shall be available upon deposit until expended.
``(d) Lines of Credit.--
``(1) In general.--Subject to the requirements of this
subsection, the Secretary may enter into agreements to make
available lines of credit to 1 or more obligors in the form of
direct loans to be made by the Secretary at future dates on the
occurrence of certain events for any aircraft purchase selected
under this section.
``(2) Terms and limitations.--
``(A) In general.--A line of credit under this
subsection with respect to an aircraft purchase shall
be on such terms and conditions and contain such
covenants, representatives, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(B) Maximum amount.--
``(i) Total amount.--The amount of any line
of credit shall not exceed 50 percent of the
purchase price (including the value of any
manufacturer credits, post-purchase options, or
other discounts) of the aircraft, including
spare parts.
``(ii) 1-year draws.--The amount drawn in any
year shall not exceed 20 percent of the total
amount of the line of credit.
``(C) Draws.--Any draw on the line of credit shall
represent a direct loan.
``(D) Period of availability.--The line of credit
shall be available not more than 5 years after the
aircraft purchase date.
``(E) Rights of third-party creditors.--
``(i) Against united states government.--A
third-party creditor of the obligor shall not
have any right against the United States
Government with respect to any draw on the line
of credit.
``(ii) Assignment.--An obligor may assign the
line of credit to 1 or more lenders or to a
trustee on the lender's behalf.
``(F) Subordination.--A direct loan under this
subsection may be subordinate to claims of other
holders of obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor as determined
appropriate by the Secretary.
``(G) Fees.--The Secretary may establish fees at a
level sufficient to cover all of a portion of the costs
to the United States Government of providing a line of
credit under this subsection. The proceeds of such fees
shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be
available upon deposit until expended.
``(3) Repayment.--
``(A) Schedule.--The Secretary shall establish a
repayment schedule for each direct loan under this
subsection.
``(B) Commencement.--Scheduled loan repayments of
principal or interest on a direct loan under this
subsection shall commence no later than 3 years after
the date of the first draw on the line of credit and
shall be repaid, with interest, not later than 18 years
after the date of the first draw.
``(e) Risk Assessment.--Before entering into an agreement under this
section to make available a Federal credit instrument, the Secretary,
in consultation with the Director of the Office of Management and
Budget, shall determine an appropriate capital reserve subsidy amount
for the Federal credit instrument based on such credit evaluations as
the Secretary deems necessary.
``(f) Conditions.--Subject to subsection (h), the Secretary may only
make a Federal credit instrument available under this section if the
Secretary finds that--
``(1) the aircraft to be purchased with the Federal credit
instrument is a regional jet aircraft needed to improve the
service and efficiency of operation of a commuter air carrier
or new entrant air carrier;
``(2) the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the
carrier to use the aircraft to provide service to underserved
markets; and
``(3) the prospective earning power of the commuter air
carrier or new entrant air carrier, together with the character
and value of the security pledged, including the collateral
value of the aircraft being acquired and any other assets or
pledges used to secure the Federal credit instrument, furnish--
``(A) reasonable assurances of the air carrier's
ability and intention to repay the Federal credit
instrument within the terms established by the
Secretary--
``(i) to continue its operations as an air
carrier; and
``(ii) to the extent that the Secretary
determines to be necessary, to continue its
operations as an air carrier between the same
route or routes being operated by the air
carrier at the time of the issuance of the
Federal credit instrument; and
``(B) reasonable protection to the United States.
``(g) Limitation on Combined Amount of Federal Credit Instruments.--
The Secretary shall not allow the combined amount of Federal credit
instruments available for any aircraft purchase under this section to
exceed--
``(1) 50 percent of the cost of the aircraft purchase; or
``(2) $100,000,000 for any single obligor.
``(h) Requirement.--Subject to subsection (i), no Federal credit
instrument may be made under this section for the purchase of any
regional jet aircraft that does not comply with the stage 3 noise
levels of part 36 of title 14 of the Code of Federal Regulations, as in
effect on January 1, 1999.
``(i) Other Limitations.--No Federal credit instrument shall be made
by the Secretary under this section for the purchase of a regional jet
aircraft unless the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the carrier to
provide scheduled passenger air transportation to the underserved
market for which the aircraft is purchased for a period of not less
than 36 consecutive months after the date that aircraft is placed in
service.
``Sec. 41764. Use of Federal facilities and assistance
``(a) Use of Federal Facilities.--To permit the Secretary of
Transportation to make use of such expert advice and services as the
Secretary may require in carrying out this subchapter, the Secretary
may use available services and facilities of other agencies and
instrumentalities of the United States Government--
``(1) with the consent of the appropriate Federal officials;
and
``(2) on a reimbursable basis.
``(b) Assistance.--The head of each appropriate department or agency
of the United States Government shall exercise the duties and powers of
that head in such manner as to assist in carrying out the policy
specified in section 41761.
``(c) Oversight.--The Secretary shall make available to the
Comptroller General of the United States such information with respect
to any Federal credit instrument made under this subchapter as the
Comptroller General may require to carry out the duties of the
Comptroller General under chapter 7 of title 31.
``Sec. 41765. Administrative expenses
``In carrying out this subchapter, the Secretary shall use funds made
available by appropriations to the Department of Transportation for the
purpose of administration, in addition to the proceeds of any fees
collected under this subchapter, to cover administrative expenses of
the Federal credit instrument program under this subchapter.
``Sec. 41766. Funding
``Of the amounts appropriated under section 106(k) for each of fiscal
years 2001 through 2004, such sums as may be necessary may be used to
carry out this subchapter, including administrative expenses.
``Sec. 41767. Termination
``(a) Authority To Issue Federal Credit Instruments.--The authority
of the Secretary of Transportation to issue Federal credit instruments
under section 41763 shall terminate on the date that is 5 years after
the date of the enactment of this subchapter.
``(b) Continuation of Authority To Administer Program for Existing
Federal Credit Instruments.--On and after the termination date, the
Secretary shall continue to administer the program established under
this subchapter for Federal credit instruments issued under this
subchapter before the termination date until all obligations associated
with such instruments have been satisfied.''.
(b) Conforming Amendment.--The analysis for chapter 417 is amended by
adding at the end the following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Federal credit instruments.
``41764. Use of Federal facilities and assistance.
``41765. Administrative expenses.
``41766. Funding.
``41767. Termination.''.
TITLE III--FAA MANAGEMENT REFORM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.
Section 40102(a) is amended--
(1) by redesignating paragraphs (5) through (41) as
paragraphs (6) through (42), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) `air traffic control system' means the combination of
elements used to safely and efficiently monitor, direct,
control, and guide aircraft in the United States and United
States-assigned airspace, including--
``(A) allocated electromagnetic spectrum and
physical, real, personal, and intellectual property
assets making up facilities, equipment, and systems
employed to detect, track, and guide aircraft movement;
``(B) laws, regulations, orders, directives,
agreements, and licenses;
``(C) published procedures that explain required
actions, activities, and techniques used to ensure
adequate aircraft separation; and
``(D) trained personnel with specific technical
capabilities to satisfy the operational, engineering,
management, and planning requirements for air traffic
control.''.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.
(a) Establishment.--
(1) In general.--Chapter 1 is amended by adding at the end
the following:
``Sec. 113. Air Traffic Control Oversight Board
``(a) Establishment.--There is established within the Department of
Transportation an `Air Traffic Control Oversight Board' (in this
section referred to as the `Oversight Board').
``(b) Membership.--
``(1) Composition.--The Oversight Board shall be composed of
9 members, as follows:
``(A) Six members shall be individuals who are not
otherwise Federal officers or employees and who are
appointed by the President, by and with the advice and
consent of the Senate.
``(B) One member shall be the Secretary of
Transportation or, if the Secretary so designates, the
Deputy Secretary of the Transportation.
``(C) One member shall be the Administrator of the
Federal Aviation Administration.
``(D) One member shall be an individual who is
appointed by the President, by and with the advice and
consent of the Senate, from among individuals who are
the leaders of their respective unions of air traffic
control system employees.
``(2) Qualifications and terms.--
``(A) Qualifications.--Members of the Oversight Board
described in paragraph (1)(A) shall--
``(i) have a fiduciary responsibility to
represent the public interest;
``(ii) be citizens of the United States; and
``(iii) be appointed without regard to
political affiliation and solely on the basis
of their professional experience and expertise
in 1 or more of the following areas:
``(I) Management of large service
organizations.
``(II) Customer service.
``(III) Management of large
procurements.
``(IV) Information and communications
technology.
``(V) Organizational development.
``(VI) Labor relations.
At least 3 members of the Oversight Board appointed
under paragraph (1)(A) should have knowledge of, or a
background in, aviation. At least one of such members
should have a background in managing large
organizations successfully. In the aggregate, such
members should collectively bring to bear expertise in
all of the areas described in subclauses (I) through
(VI) of clause (iii).
``(B) Prohibitions.--No member of the Oversight Board
described in paragraph (1)(A) may--
``(i) have a pecuniary interest in, or own
stock in or bonds of, an aviation or
aeronautical enterprise;
``(ii) engage in another business related to
aviation or aeronautics; or
``(iii) be a member of any organization that
engages, as a substantial part of its
activities, in activities to influence
aviation-related legislation.
``(C) Terms for air traffic control
representatives.--A member appointed under paragraph
(1)(D) shall be appointed for a term of 3 years, except
that the term of such individual shall end whenever the
individual no longer meets the requirements of
paragraph (1)(D).
``(D) Terms for nonfederal officers or employees.--A
member appointed under paragraph (1)(A) shall be
appointed for a term of 5 years, except that of the
members first appointed under paragraph (1)(A)--
``(i) 2 members shall be appointed for a term
of 3 years;
``(ii) 2 members shall be appointed for a
term of 4 years; and
``(iii) 2 members shall be appointed for a
term of 5 years.
``(E) Reappointment.--An individual may not be
appointed under paragraph (1)(A) to more than two 5-
year terms on the Oversight Board.
``(F) Vacancy.--Any vacancy on the Oversight Board
shall be filled in the same manner as the original
appointment. Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed for the remainder of that term.
``(3) Ethical considerations.--
``(A) Financial disclosure.--During the entire period
that an individual appointed under subparagraph (A) or
(D) of paragraph (1) is a member of the Oversight
Board, such individual shall be treated as serving as
an officer or employee referred to in section 101(f) of
the Ethics in Government Act of 1978 for purposes of
title I of such Act, except that section 101(d) of such
Act shall apply without regard to the number of days of
service in the position.
``(B) Restrictions on post-employment.--For purposes
of section 207(c) of title 18, an individual appointed
under subparagraph (A) or (D) of paragraph (1) shall be
treated as an employee referred to in section
207(c)(2)(A)(i) of such title during the entire period
the individual is a member of the Board, except that
subsections (c)(2)(B) and (f) of section 207 of such
title shall not apply.
``(C) Waiver.--At the time the President nominates an
individual for appointment as a member of the Oversight
Board under paragraph (1)(D), the President may waive
for the term of the member any appropriate provision of
chapter 11 of title 18, to the extent such waiver is
necessary to allow the member to participate in the
decisions of the Board while continuing to serve as a
full-time Federal employee or a representative of
employees. Any such waiver shall not be effective unless
a written intent of waiver to exempt such member (and
actual waiver language) is submitted to the Senate with
the nomination of such member.
``(4) Quorum.--Five members of the Oversight Board shall
constitute a quorum. A majority of members present and voting
shall be required for the Oversight Board to take action.
``(5) Removal.--Any member of the Oversight Board appointed
under subparagraph (A) or (D) of paragraph (1) may be removed
for cause by the President.
``(6) Claims.--
``(A) In general.--A member of the Oversight Board
appointed under subparagraph (A) or (D) of paragraph
(1) shall have no personal liability under Federal law
with respect to any claim arising out of or resulting
from an act or omission by such member within the scope
of service as a member of the Oversight Board.
``(B) Effect on other law.--This paragraph shall not
be construed--
``(i) to affect any other immunity or
protection that may be available to a member of
the Oversight Board under applicable law with
respect to such transactions;
``(ii) to affect any other right or remedy
against the United States under applicable law;
or
``(iii) to limit or alter in any way the
immunities that are available under applicable
law for Federal officers and employees.
``(c) General Responsibilities.--
``(1) Oversight.--The Oversight Board shall oversee the
Federal Aviation Administration in its administration,
management, conduct, direction, and supervision of the air
traffic control system.
``(2) Confidentiality.--The Oversight Board shall ensure that
appropriate confidentiality is maintained in the exercise of
its duties.
``(d) Specific Responsibilities.--The Oversight Board shall have the
following specific responsibilities:
``(1) Strategic plans.--To review, approve, and monitor
achievements under a strategic plan of the Federal Aviation
Administration for the air traffic control system, including
the establishment of--
``(A) a mission and objectives;
``(B) standards of performance relative to such
mission and objectives, including safety, efficiency,
and productivity; and
``(C) annual and long-range strategic plans.
``(2) Modernization and improvement.--To review and approve--
``(A) methods of the Federal Aviation Administration
to accelerate air traffic control modernization and
improvements in aviation safety related to air traffic
control; and
``(B) procurements of air traffic control equipment
by the Federal Aviation Administration in excess of
$100,000,000.
``(3) Operational plans.--To review the operational functions
of the Federal Aviation Administration, including--
``(A) plans for modernization of the air traffic
control system;
``(B) plans for increasing productivity or
implementing cost-saving measures; and
``(C) plans for training and education.
``(4) Management.--To--
``(A) review and approve the Administrator's
appointment of a Chief Operating Officer under section
106(r);
``(B) 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;
``(C) review and approve the Administrator's plans
for any major reorganization of the Federal Aviation
Administration that would impact on the management of
the air traffic control system;
``(D) review and approve the Administrator's cost
accounting and financial management structure and
technologies to help ensure efficient and cost-
effective air traffic control operation; and
``(E) review the performance and cooperation of
managers responsible for major acquisition projects,
including the ability of the managers to meet schedule
and budget targets.
``(5) Budget.--To--
``(A) review and approve the budget request of the
Federal Aviation Administration related to the air
traffic control system prepared by the Administrator;
``(B) submit such budget request to the Secretary of
Transportation; and
``(C) ensure that the budget request supports the
annual and long-range strategic plans.
The Secretary shall submit the budget request referred to in paragraph
(5)(B) 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.
``(e) Reporting of Overturning of Board Decisions.--If the Secretary
or Administrator overturns a decision of the Oversight Board, the
Secretary or Administrator, as appropriate shall report such action to
the President, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate.
``(f) Board Personnel Matters.--
``(1) Compensation of members.--
``(A) In general.--Each member of the Oversight Board
who--
``(i) appointed under subsection (b)(1)(A);
or
``(ii) appointed under subsection (b)(1)(D)
and is not otherwise a Federal officer or
employee,
shall be compensated at a rate of $30,000 per year. All
other members shall serve without compensation for such
service.
``(B) Chairperson.--Notwithstanding subparagraph (A),
the chairperson of the Oversight Board shall be
compensated at a rate of $50,000 per year.
``(2) Travel expenses.--
``(A) In general.--The members of the Oversight Board
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, to attend meetings of the Oversight Board and, with
the advance approval of the chairperson of the
Oversight Board, while otherwise away from their homes
or regular places of business for purposes of duties as
a member of the Oversight Board.
``(B) Report.--The Oversight Board shall include in
its annual report under subsection (g)(3)(A)
information with respect to the travel expenses allowed
for members of the Oversight Board under this
paragraph.
``(3) Staff.--
``(A) In general.--The chairperson of the Oversight
Board may appoint and terminate any personnel that may
be necessary to enable the Board to perform its duties.
``(B) Detail of government employees.--Upon request
of the chairperson of the Oversight Board, a Federal
agency shall detail a United States Government employee
to the Oversight Board without reimbursement. Such
detail shall be without interruption or loss of civil
service status or privilege.
``(4) Procurement of temporary and intermittent services.--
The chairperson of the Oversight Board may procure temporary
and intermittent services under section 3109(b) of title 5.
``(g) Administrative Matters.--
``(1) Chair.--
``(A) Term.--The members of the Oversight Board shall
elect for a 2-year term a chairperson from among the
members appointed under subsection (b)(1)(A).
``(B) Powers.--Except as otherwise provided by a
majority vote of the Oversight Board, the powers of the
chairperson shall include--
``(i) establishing committees;
``(ii) setting meeting places and times;
``(iii) establishing meeting agendas; and
``(iv) developing rules for the conduct of
business.
``(2) Meetings.--The Oversight Board shall meet at least
quarterly and at such other times as the chairperson determines
appropriate.
``(3) Reports.--
``(A) Annual.--The Oversight Board shall each year
report with respect to the conduct of its
responsibilities under this title to the President, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate.
``(B) Additional report.--Upon a determination by the
Oversight Board under subsection (c)(1) that the
organization and operation of the Federal Aviation
Administration's air traffic control system are not
allowing the Federal Aviation Administration to carry
out its mission, the Oversight Board shall report such
determination to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
``(C) Comptroller general's report.--Not later than
April 30, 2004, the Comptroller General of the United
States shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the
success of the Oversight Board in improving the
performance of the air traffic control system.''.
(2) Conforming amendment.--The analysis for chapter 1 is
amended by adding at the end the following:
``113. Air Traffic Control Oversight Board.''.
(b) Effective Dates.--
(1) In general.--The amendments made by this section shall
take effect on the date of enactment of this Act.
(2) Initial nominations to air traffic control oversight
board.--The President shall submit the initial nominations of
the air traffic control oversight board to the Senate not later
than 3 months after the date of enactment of this Act.
(3) Effect on actions prior to appointment of oversight
board.--Nothing in this section shall be construed to
invalidate the actions and authority of the Federal Aviation
Administration prior to the appointment of the members of the
Air Traffic Control Oversight Board.
SEC. 303. CHIEF OPERATING OFFICER.
Section 106 is amended by adding at the end the following:
``(r) Chief Operating Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief Operating
Officer for the air traffic control system to be
appointed by the Administrator, with approval of the
Air Traffic Control Oversight Board established by
section 113. The Chief Operating Officer shall report
directly to the Administrator and shall be subject to
the authority of the Administrator.
``(B) Qualifications.--The Chief Operating Officer
shall have a demonstrated ability in management and
knowledge of or experience in aviation.
``(C) Term.--The Chief Operating Officer shall be
appointed for a term of 5 years.
``(D) Removal.--The Chief Operating Officer shall
serve at the pleasure of the Administrator, except that
the Administrator shall make every effort to ensure
stability and continuity in the leadership of the air
traffic control system.
``(E) Vacancy.--Any individual appointed to fill a
vacancy in the position of Chief Operating Officer
occurring before the expiration of the term for which
the individual's predecessor was appointed shall be
appointed for the remainder of that term.
``(2) Annual performance agreement.--The Administrator and
the Chief Operating Officer, in consultation with the Air
Traffic Control Oversight Board, 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.''.
SEC. 304. 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''.
SEC. 305. ENVIRONMENTAL STREAMLINING.
(a) Coordinated Environmental Review Process.--
(1) Development and implementation.--The Secretary shall
develop and implement a coordinated environmental review
process for aviation infrastructure projects that require--
(A) the preparation of an environmental impact
statement or environmental assessment under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), except that the Secretary may decide not
to apply this section to the preparation of an
environmental assessment under such Act; or
(B) the conduct of any other environmental review,
analysis, opinion, or issuance of an environmental
permit, license, or approval by operation of Federal
law.
(2) Memorandum of understanding.--
(A) In general.--The coordinated environmental review
process for each project shall ensure that, whenever
practicable (as specified in this section), all
environmental reviews, analyses, opinions, and any
permits, licenses, or approvals that must be issued or
made by any Federal agency for the project concerned
shall be conducted concurrently and completed within a
cooperatively determined time period. Such process for
a project or class of project may be incorporated into
a memorandum of understanding between the Department of
Transportation and Federal agencies (and, where
appropriate, State agencies).
(B) Establishment of time periods.--In establishing
the time period referred to in subparagraph (A), and
any time periods for review within such period, the
Department and all such agencies shall take into
account their respective resources and statutory
commitments.
(b) Elements of Coordinated Environmental Review Process.--For each
project, the coordinated environmental review process established under
this section shall provide, at a minimum, for the following elements:
(1) Federal agency identification.--The Secretary shall, at
the earliest possible time, identify all potential Federal
agencies that--
(A) have jurisdiction by law over environmental-
related issues that may be affected by the project and
the analysis of which would be part of any
environmental document required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); or
(B) may be required by Federal law to independently--
(i) conduct an environmental-related review
or analysis; or
(ii) determine whether to issue a permit,
license, or approval or render an opinion on
the environmental impact of the project.
(2) Time limitations and concurrent review.--The Secretary
and the head of each Federal agency identified under paragraph
(1)--
(A)(i) shall jointly develop and establish time
periods for review for--
(I) all Federal agency comments with respect
to any environmental review documents required
by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the project;
and
(II) all other independent Federal agency
environmental analyses, reviews, opinions, and
decisions on any permits, licenses, and
approvals that must be issued or made for the
project;
whereby each such Federal agency's review shall be
undertaken and completed within such established time
periods for review; or
(ii) may enter into an agreement to establish such
time periods for review with respect to a class of
project; and
(B) shall ensure, in establishing such time periods
for review, that the conduct of any such analysis,
review, opinion, and decision is undertaken
concurrently with all other environmental reviews for
the project, including the reviews required by the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); except that such review may not be
concurrent if the affected Federal agency can
demonstrate that such concurrent review would result in
a significant adverse impact to the environment or
substantively alter the operation of Federal law or
would not be possible without information developed as
part of the environmental review process.
(3) Factors to be considered.--Time periods for review
established under this section shall be consistent with the
time periods established by the Council on Environmental
Quality under sections 1501.8 and 1506.10 of title 40, Code of
Federal Regulations.
(4) Extensions.--The Secretary shall extend any time periods
for review under this section if, upon good cause shown, the
Secretary and any Federal agency concerned determine that
additional time for analysis and review is needed as a result
of new information that has been discovered that could not
reasonably have been anticipated when the Federal agency's time
periods for review were established. Any memorandum of
understanding shall be modified to incorporate any mutually
agreed-upon extensions.
(c) Dispute Resolution.--When the Secretary determines that a Federal
agency which is subject to a time period for its environmental review
or analysis under this section has failed to complete such review,
analysis, opinion, or decision on issuing any permit, license, or
approval within the established time period or within any agreed-upon
extension to such time period, the Secretary may, after notice and
consultation with such agency, close the record on the matter before
the Secretary. If the Secretary finds, after timely compliance with
this section, that an environmental issue related to the project that
an affected Federal agency has jurisdiction over by operation of
Federal law has not been resolved, the Secretary and the head of the
Federal agency shall resolve the matter not later than 30 days after
the date of the finding by the Secretary.
(d) Participation of State Agencies.--For any project eligible for
assistance under chapter 471 of title 49, United States Code, a State,
by operation of State law, may require that all State agencies that
have jurisdiction by State or Federal law over environmental-related
issues that may be affected by the project, or that are required to
issue any environmental-related reviews, analyses, opinions, or
determinations on issuing any permits, licenses, or approvals for the
project, be subject to the coordinated environmental review process
established under this section unless the Secretary determines that a
State's participation would not be in the public interest. For a State
to require State agencies to participate in the review process, all
affected agencies of the State shall be subject to the review process.
(e) Assistance to Affected Federal Agencies.--
(1) In general.--The Secretary may approve a request by a
State or other recipient of assistance under chapter 471 of
title 49, United States Code, to provide funds made available
from the Airport and Airway Trust Fund to the State or
recipient for an aviation project subject to the coordinated
environmental review process established under this section to
affected Federal agencies to provide the resources necessary to
meet any time limits established under this section.
(2) Amounts.--Such requests under paragraph (1) shall be
approved only--
(A) for the additional amounts that the Secretary
determines are necessary for the affected Federal
agencies to meet the time limits for environmental
review; and
(B) if such time limits are less than the customary
time necessary for such review.
(f) Judicial Review and Savings Clause.--
(1) Judicial review.--Nothing in this section shall affect
the reviewability of any final Federal agency action in a court
of the United States or in the court of any State.
(2) Savings clause.--Nothing in this section shall affect the
applicability of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or any other Federal environmental
statute or affect the responsibility of any Federal officer to
comply with or enforce any such statute.
(g) Federal Agency Defined.--In this section, the term ``Federal
agency'' means any Federal agency or any State agency carrying out
affected responsibilities required by operation of Federal law.
SEC. 306. CLARIFICATION OF REGULATORY APPROVAL PROCESS.
Section 106(f)(3)(B)(i) is amended--
(1) by striking ``$100,000,000'' each place it appears and
inserting ``$250,000,000'';
(2) by striking ``Air Traffic Management System Performance
Improvement Act of 1996'' and inserting ``Aviation Investment
and Reform Act for the 21st Century'';
(3) in subclause (I)--
(A) by inserting ``substantial and'' before
``material''; and
(B) by inserting ``or'' after the semicolon at the
end; and
(4) by striking subclauses (II), (III), and (IV) and
inserting the following:
``(II) raise novel or significant legal or
policy issues arising out of legal mandates
that may substantially and materially affect
other transportation modes.''.
SEC. 307. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.
(a) Independent Assessment.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct the assessments described in this
section. To conduct the assessments, the Inspector General may
use the staff and resources of the Inspector General or
contract with 1 or more independent entities.
(2) Assessment of adequacy and accuracy of faa cost data and
attributions.--
(A) In general.--The Inspector General shall conduct
an assessment to ensure that the method for calculating
the overall costs of the Federal Aviation
Administration and attributing such costs to specific
users is appropriate, reasonable, and understandable to
the users.
(B) Components.--In conducting the assessment under
this paragraph, the Inspector General shall assess the
following:
(i) The Federal Aviation Administration's
cost input data, including the reliability of
the Federal Aviation Administration's source
documents and the integrity and reliability of
the Federal Aviation Administration's data
collection process.
(ii) The Federal Aviation Administration's
system for tracking assets.
(iii) The Federal Aviation Administration's
bases for establishing asset values and
depreciation rates.
(iv) The Federal Aviation Administration's
system of internal controls for ensuring the
consistency and reliability of reported data.
(v) The Federal Aviation Administration's
definition of the services to which the Federal
Aviation Administration ultimately attributes
its costs.
(vi) The cost pools used by the Federal
Aviation Administration and the rationale for
and reliability of the bases which the Federal
Aviation Administration proposes to use in
allocating costs of services to users.
(C) Requirements for assessment of cost pools.--In
carrying out subparagraph (B)(vi), the Inspector
General shall--
(i) review costs that cannot reliably be
attributed to specific Federal Aviation
Administration services or activities (called
``common and fixed costs'' in the Federal
Aviation Administration Cost Allocation Study)
and consider alternative methods for allocating
such costs; and
(ii) perform appropriate tests to assess
relationships between costs in the various cost
pools and activities and services to which the
costs are attributed by the Federal Aviation
Administration.
(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, and annually thereafter until December 31, 2004,
the Inspector General shall transmit to Congress an
updated report containing the results of the assessment
conducted under this paragraph.
(C) Information to be included in faa financial
report.--The Administrator shall include in the annual
financial report of the 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.
(b) Funding.--Of the amounts appropriated pursuant to section 106(k)
of title 49, United States Code, for fiscal year 2000, not to exceed
$1,500,000 may be used to carry out this section.
TITLE IV--FAMILY ASSISTANCE
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.
(a) Prohibition on Unsolicited Communications.--
(1) In general.--Section 1136(g)(2) is amended--
(A) by striking ``transportation,'' and inserting
``transportation and in the event of an accident
involving a foreign air carrier that occurs within the
United States,'';
(B) by inserting after ``attorney'' the following:
``(including any associate, agent, employee, or other
representative of an attorney)''; and
(C) by striking ``30th day'' and inserting ``45th
day''.
(2) Enforcement.--Section 1151 is amended by inserting
``1136(g)(2),'' before ``or 1155(a)'' each place it appears.
(b) Prohibition on Actions To Prevent Mental Health and Counseling
Services.--Section 1136(g) is amended by adding at the end the
following:
``(3) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision may
prevent the employees, agents, or volunteers of an organization
designated for an accident under subsection (a)(2) from
providing mental health and counseling services under
subsection (c)(1) in the 30-day period beginning on the date of
the accident. The director of family support services
designated for the accident under subsection (a)(1) may extend
such period for not to exceed an additional 30 days if the
director determines that the extension is necessary to meet the
needs of the families and if State and local authorities are
notified of the determination.''.
(c) Inclusion of Nonrevenue Passengers in Family Assistance
Coverage.--Section 1136(h)(2) is amended to read as follows:
``(2) Passenger.--The term `passenger' includes--
``(A) an employee of an air carrier or foreign air
carrier aboard an aircraft; and
``(B) any other person aboard the aircraft without
regard to whether the person paid for the
transportation, occupied a seat, or held a reservation
for the flight.''.
(d) Limitation on Statutory Construction.--Section 1136 is amended by
adding at the end the following:
``(i) Limitation on Statutory Construction.--Nothing in this section
may be construed as limiting the actions that an air carrier may take,
or the obligations that an air carrier may have, in providing
assistance to the families of passengers involved in an aircraft
accident.''.
SEC. 402. AIR CARRIER PLANS.
(a) Contents of Plans.--
(1) Flight reservation information.--Section 41113(b) is
amended by adding at the end the following:
``(14) An assurance that, upon request of the family of a
passenger, the air carrier will inform the family of whether
the passenger's name appeared on a preliminary passenger
manifest for the flight involved in the accident.''.
(2) Training of employees and agents.--Section 41113(b) is
further amended by adding at the end the following:
``(15) An assurance that the air carrier will provide
adequate training to the employees and agents of the carrier to
meet the needs of survivors and family members following an
accident.''.
(3) Consultation on carrier response not covered by plan.--
Section 41113(b) is further amended by adding at the end the
following:
``(16) An assurance that the air carrier, in the event that
the air carrier volunteers assistance to United States citizens
within the United States in the case of an aircraft accident
outside the United States involving major loss of life, the air
carrier will consult with the Board and the Department of State
on the provision of the assistance.''.
(4) Submission of updated plans.--The amendments made by
paragraphs (1), (2), and (3) shall take effect on the 180th day
following the date of enactment of this Act. On or before such
180th day, each air carrier holding a certificate of public
convenience and necessity under section 41102 of title 49,
United States Code, shall submit to the Secretary of
Transportation and the Chairman of the National Transportation
Safety Board an updated plan under section 41113 of such title
that meets the requirement of the amendments made by paragraphs
(1), (2), and (3).
(5) Conforming amendments.--Section 41113 is amended--
(A) in subsection (a) by striking ``Not later than 6
months after the date of the enactment of this section,
each air carrier'' and inserting ``Each air carrier'';
and
(B) in subsection (c) by striking ``After the date
that is 6 months after the date of the enactment of
this section, the Secretary'' and inserting ``The
Secretary''.
(b) Limitation on Liability.--Section 41113(d) is amended by
inserting ``, or in providing information concerning a flight
reservation,'' before ``pursuant to a plan''.
(c) Limitation on Statutory Construction.--Section 41113 is amended
by adding at the end the following:
``(f) Limitation on Statutory Construction.--Nothing in this section
may be construed as limiting the actions that an air carrier may take,
or the obligations that an air carrier may have, in providing
assistance to the families of passengers involved in an aircraft
accident.''.
SEC. 403. FOREIGN AIR CARRIER PLANS.
(a) Inclusion of Nonrevenue Passengers in Family Assistance
Coverage.--Section 41313(a)(2) is amended to read as follows:
``(2) Passenger.--The term `passenger' has the meaning given
such term by section 1136 of this title.''.
(b) Accidents for Which Plan Is Required.--Section 41313(b) is
amended by striking ``significant'' and inserting ``major''.
(c) Contents of Plans.--
(1) In general.--Section 41313(c) is amended by adding at the
end the following:
``(15) Training of employees and agents.--An assurance that
the foreign air carrier will provide adequate training to the
employees and agents of the carrier to meet the needs of
survivors and family members following an accident.
``(16) Consultation on carrier response not covered by
plan.--An assurance that the foreign air carrier, in the event
that the foreign air carrier volunteers assistance to United
States citizens within the United States in the case of an
aircraft accident outside the United States involving major
loss of life, the foreign air carrier will consult with the
Board and the Department of State on the provision of the
assistance.''.
(2) Submission of updated plans.--The amendment made by
paragraph (1) shall take effect on the 180th day following the
date of enactment of this Act. On or before such 180th day,
each foreign air carrier providing foreign air transportation
under chapter 413 of title 49, United States Code, shall submit
to the Secretary of Transportation and the Chairman of the
National Transportation Safety Board an updated plan under
section 41313 of such title that meets the requirement of the
amendment made by paragraph (1).
SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS ACT.
(a) In General.--Section 40120(a) is amended by inserting
``(including the Act entitled `An Act relating to the maintenance of
actions for death on the high seas and other navigable waters',
approved March 30, 1920, commonly known as the Death on the High Seas
Act (46 U.S.C. App. 761-767; 41 Stat. 537-538))'' after ``United
States''.
(b) Applicability.--The amendment made by subsection (a) applies to
civil actions commenced after the date of enactment of this Act and to
civil actions that are not adjudicated by a court of original
jurisdiction or settled on or before such date of enactment.
TITLE V--SAFETY
SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.
(a) In General.--The Administrator shall require by regulation that,
no later than December 31, 2002, equipment be installed, on each cargo
aircraft with a maximum certificated takeoff weight in excess of 15,000
kilograms, that provides protection from mid-air collisions using
technology that provides--
(1) cockpit based collision detection and conflict resolution
guidance, including display of traffic; and
(2) a margin of safety of at least the same level as provided
by the collision avoidance system known as TCAS-II.
(b) Extension of Deadline.--The Administrator may extend the deadline
established by subsection (a) by 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.
SEC. 502. RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.
Section 44936(f) is amended--
(1) in paragraph (1)(B) by inserting ``(except a branch of
the United States Armed Forces, the National Guard, or a
reserve component of the United States Armed Forces)'' after
``person'' the first place it appears;
(2) in paragraph (1)(B)(ii) by striking ``individual'' the
first place it appears and inserting ``individual's performance
as a pilot'';
(3) in paragraph (14)(B) by inserting ``or from a foreign
government or entity that employed the individual'' after
``exists''; and
(4) by adding at the end the following:
``(15) Electronic access to faa records.--For the purpose of
increasing timely and efficient access to Federal Aviation
Administration records described in paragraph (1), the
Administrator may allow, under terms established by the
Administrator, a designated individual to have electronic
access to a specified database containing information about
such records.''.
SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.
Section 347(b)(1) of the Department of Transportation and Related
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460)
is amended by inserting before the semicolon at the end the following:
``, including the provisions for investigation and enforcement as
provided in chapter 12 of title 5, United States Code''.
SEC. 504. SAFETY RISK MITIGATION PROGRAMS.
Section 44701 is further amended by adding at the end the following:
``(g) Safety Risk Management Program Guidelines.--The Administrator
shall issue guidelines and encourage the development of air safety risk
mitigation programs throughout the aviation industry, including self-
audits and self-disclosure programs.''.
SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.
Not later than 30 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 actions under the program known as Flight Operations
Quality Assurance. 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
such procedures.
SEC. 506. SMALL AIRPORT CERTIFICATION.
Not later than 60 days after the date of enactment of this Act, the
Administrator shall issue a notice of proposed rulemaking on
implementing section 44706(a)(2) of title 49, United States Code,
relating to issuance of airport operating certificates for small
scheduled passenger air carrier operations. Not later than 1 year after
the last day of the period for public comment provided for in the
notice of proposed rulemaking, the Administrator shall issue a final
rule on implementing such program.
SEC. 507. LIFE-LIMITED AIRCRAFT PARTS.
(a) In General.--Chapter 447 is amended by adding at the end the
following:
``Sec. 44725. Life-limited aircraft parts
``(a) In General.--The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to require the
safe disposition of life-limited parts removed from an aircraft. The
rulemaking proceeding shall ensure that the disposition deter
installation on an aircraft of a life-limited part that has reached or
exceeded its life limits.
``(b) Safe Disposition.--For the purposes of this section, safe
disposition includes any of the following methods:
``(1) The part may be segregated under circumstances that
preclude its installation on an aircraft.
``(2) The part may be permanently marked to indicate its used
life status.
``(3) The part may be destroyed in any manner calculated to
prevent reinstallation in an aircraft.
``(4) The part may be marked, if practicable, to include the
recordation of hours, cycles, or other airworthiness
information. If the parts are marked with cycles or hours of
usage, that information must be updated when the part is
retired from service.
``(5) Any other method approved by the Administrator.
``(c) Deadlines.--In conducting the rulemaking proceeding under
subsection (a), the Administrator shall--
``(1) not later than 180 days after the date of enactment of
this section, issue a notice of proposed rulemaking; and
``(2) not later than 180 days after the close of the comment
period on the proposed rule, issue a final rule.
``(d) Prior-Removed Life-Limited Parts.--No rule issued under
subsection (a) shall require the marking of parts removed before the
effective date of the rules issued under subsection (a), nor shall any
such rule forbid the installation of an otherwise airworthy life-
limited part.''.
(b) Civil Penalty.--Section 46301(a)(3) is amended--
(1) in subparagraph (A) by striking ``or'' at the end;
(2) in subparagraph (B) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(C) a violation of section 44725, relating to the safe
disposal of life-limited aircraft parts; or''.
(c) Conforming Amendment.--The analysis for chapter 447 is further
amended by adding at the end the following:
``44725. Life-limited aircraft parts.''.
SEC. 508. FAA MAY FINE UNRULY PASSENGERS.
(a) In General.--Chapter 463 is amended--
(1) by redesignating section 46316 as section 46317; and
(2) by inserting after section 46315 the following:
``Sec. 46316. Interference with cabin or flight crew
``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 $25,000.''.
(b) Compromise and Setoff.--Section 46301(f)(1)(A)(i) is amended by
inserting ``46316,'' before ``or 47107(b)''.
(c) Conforming Amendment.--The 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. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.
Not later than March 1, 2000, and annually thereafter for the next 5
years, the Administrator shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the progress of the Federal Aviation Administration in
implementing the air transportation oversight system. At a minimum, the
report shall indicate--
(1) any funding or staffing constraints that would adversely
impact the Administration's ability to fully develop and
implement such system;
(2) progress in integrating the aviation safety data derived
from such system's inspections with existing aviation data of
the Administration in the safety performance analysis system of
the Administration; and
(3) the Administration's efforts in collaboration with the
aviation industry to develop and validate safety performance
measures and appropriate risk weightings for the air
transportation oversight system.
SEC. 510. AIRPLANE EMERGENCY LOCATORS.
(a) Requirement.--Section 44712(b) is amended to read as follows:
``(b) Nonapplication.--Subsection (a) does not apply to--
``(1) aircraft when used in scheduled flights by scheduled
air carriers holding certificates issued by the Secretary of
Transportation under subpart II of this part;
``(2) aircraft when used in training operations conducted
entirely within a 50-mile radius of the airport from which the
training operations begin;
``(3) aircraft when used in flight operations related to the
design and testing, manufacture, preparation, and delivery of
aircraft;
``(4) aircraft when used in research and development if the
aircraft holds a certificate from the Administrator of the
Federal Aviation Administration to carry out such research and
development;
``(5) aircraft when used in showing compliance with
regulations crew training, exhibition, air racing, or market
surveys;
``(6) aircraft when used in the aerial application of a
substance for an agricultural purpose;
``(7) aircraft with a maximum payload capacity of more than
7,500 pounds when used in air transportation; or
``(8) aircraft capable of carrying only one individual.''.
(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 meets the requirement of subsection
(a) if it is equipped with an emergency locator transmitter that
transmits on the 121.5/243 megahertz frequency or the 406 megahertz
frequency, or with other equipment approved by the Secretary for
meeting the requirement of subsection (a).''.
(c) Effective Date; Regulations.--
(1) Regulations.--The Secretary of Transportation shall issue
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.
TITLE VI--WHISTLEBLOWER PROTECTION
SEC. 601. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.
(a) General Rule.--Chapter 421 is amended by adding at the end the
following:
``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
``Sec. 42121. Protection of employees providing air safety information
``(a) Discrimination Against Airline Employees.--No air carrier or
contractor or subcontractor of an air carrier may discharge an employee
or otherwise discriminate against an employee with respect to
compensation, terms, conditions, or privileges of employment because
the employee (or any person acting pursuant to a request of the
employee)--
``(1) provided, caused to be provided, or is about to provide
(with any knowledge of the employer) or cause to be provided to
the employer or Federal Government information relating to any
violation or alleged violation of any order, regulation, or
standard of the Federal Aviation Administration or any other
provision of Federal law relating to air carrier safety under
this subtitle or any other law of the United States;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of
any order, regulation, or standard of the Federal Aviation
Administration or any other provision of Federal law relating
to air carrier safety under this subtitle or any other law of
the United States;
``(3) testified or is about to testify in such a proceeding;
or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.
``(b) Department of Labor Complaint Procedure.--
``(1) Filing and notification.--A person who believes that he
or she has been discharged or otherwise discriminated against
by any person in violation of subsection (a) may, not later
than 90 days after the date on which such violation occurs,
file (or have any person file on his or her behalf) a complaint
with the Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary
of Labor shall notify, in writing, the person named in the
complaint and the Administrator of the Federal Aviation
Administration of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities
that will be afforded to such person under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not later than 60 days after the
date of receipt of a complaint filed under paragraph
(1) and after affording the person named in the
complaint an opportunity to submit to the Secretary of
Labor a written response to the complaint and an
opportunity to meet with a representative of the
Secretary to present statements from witnesses, the
Secretary of Labor shall conduct an investigation and
determine whether there is reasonable cause to believe
that the complaint has merit and notify, in writing,
the complainant and the person alleged to have
committed a violation of subsection (a) of the
Secretary's findings. If the Secretary of Labor
concludes that there is a reasonable cause to believe
that a violation of subsection (a) has occurred, the
Secretary shall accompany the Secretary's findings with
a preliminary order providing the relief prescribed by
paragraph (3)(B). Not later than 30 days after the date
of notification of findings under this paragraph,
either the person alleged to have committed the
violation or the complainant may file objections to the
findings or preliminary order, or both, and request a
hearing on the record. The filing of such objections
shall not operate to stay any reinstatement remedy
contained in the preliminary order. Such hearings shall
be conducted expeditiously. If a hearing is not
requested in such 30-day period, the preliminary order
shall be deemed a final order that is not subject to
judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The
Secretary of Labor shall dismiss a complaint
filed under this subsection and shall not
conduct an investigation otherwise required
under subparagraph (A) unless the complainant
makes a prima facie showing that any behavior
described in paragraphs (1) through (4) of
subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the
complaint.
``(ii) Showing by employer.--Notwithstanding
a finding by the Secretary that the complainant
has made the showing required under clause (i),
no investigation otherwise required under
subparagraph (A) shall be conducted if the
employer demonstrates, by clear and convincing
evidence, that the employer would have taken
the same unfavorable personnel action in the
absence of that behavior.
``(iii) Criteria for determination by
secretary.--The Secretary may determine that a
violation of subsection (a) has occurred only
if the complainant demonstrates that any
behavior described in paragraphs (1) through
(4) of subsection (a) was a contributing factor
in the unfavorable personnel action alleged in
the complaint.
``(iv) Prohibition.--Relief may not be
ordered under subparagraph (A) if the employer
demonstrates by clear and convincing evidence
that the employer would have taken the same
unfavorable personnel action in the absence of
that behavior.
``(3) Final order.--
``(A) Deadline for issuance; settlement agreements.--
Not later than 120 days after the date of conclusion of
a hearing under paragraph (2), the Secretary of Labor
shall issue a final order providing the relief
prescribed by this paragraph or denying the complaint.
At any time before issuance of a final order, a
proceeding under this subsection may be terminated on
the basis of a settlement agreement entered into by the
Secretary of Labor, the complainant, and the person
alleged to have committed the violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary of Labor determines
that a violation of subsection (a) has occurred, the
Secretary of Labor shall order the person who committed
such violation to--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to his or
her former position together with the
compensation (including back pay) and restore
the terms, conditions, and privileges
associated with his or her employment; and
``(iii) provide compensatory damages to the
complainant.
If such an order is issued under this paragraph, the
Secretary of Labor, at the request of the complainant,
shall assess against the person against whom the order
is issued a sum equal to the aggregate amount of all
costs and expenses (including attorneys' and expert
witness fees) reasonably incurred, as determined by the
Secretary of Labor, by the complainant for, or in
connection with, the bringing the complaint upon which
the order was issued.
``(C) Frivolous complaints.--If the Secretary of
Labor finds that a complaint under paragraph (1) is
frivolous or has been brought in bad faith, the
Secretary of Labor may award to the prevailing employer
a reasonable attorney's fee not exceeding $5,000.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order issued
under paragraph (3) may obtain review of the order in
the United States Court of Appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred or the circuit in which
the complainant resided on the date of such violation.
The petition for review must be filed not later than 60
days after the date of the issuance of the final order
of the Secretary of Labor. Review shall conform to
chapter 7 of title 5. The commencement of proceedings
under this subparagraph shall not, unless ordered by
the court, operate as a stay of the order.
``(B) Limitation on collateral attack.--An order of
the Secretary of Labor with respect to which review
could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or
other civil proceeding.
``(5) Enforcement of order by secretary of labor.--Whenever
any person has failed to comply with an order issued under
paragraph (3), the Secretary of Labor may file a civil action
in the United States district court for the district in which
the violation was found to occur to enforce such order. In
actions brought under this paragraph, the district courts shall
have jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order was issued under paragraph (3) may
commence a civil action against the person to whom such
order was issued to require compliance with such order.
The appropriate United States district court shall have
jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, to
enforce such order.
``(B) Attorney fees.--The court, in issuing any final
order under this paragraph, may award costs of
litigation (including reasonable attorney and expert
witness fees) to any party whenever the court
determines such award is appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding brought under section
1361 of title 28.
``(d) Nonapplicability to Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of an air carrier,
contractor, or subcontractor who, acting without direction from such
air carrier, contractor, or subcontractor (or such person's agent),
deliberately causes a violation of any requirement relating to air
carrier safety under this subtitle or any other law of the United
States.
``(e) Contractor Defined.--In this section, the term `contractor'
means a company that performs safety-sensitive functions by contract
for an air carrier.''.
(b) Conforming Amendment.--The analysis for chapter 421 is amended by
adding at the end the following:
``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
``42121. Protection of employees providing air safety information.''.
SEC. 602. 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''.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.
Section 106(g)(1)(A) is amended by striking ``40113(a), (c), and
(d),'' and all that follows through ``45302-45304,'' and inserting
``40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter
445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4),
44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except
sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722,
and44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907-
44911, 44913, 44915, and 44931-44934), chapter 451, chapter 453,
sections''.
SEC. 702. PUBLIC AIRCRAFT.
(a) Restatement of Definition of Public Aircraft Without Substantive
Change.--Section 40102(a)(38) (as redesignated by section 301 of this
Act) is amended to read as follows:
``(38) `public aircraft' means an aircraft--
``(A) used only for the United States Government, and
operated under the conditions specified by section
40125(b) if owned by the Government;
``(B) owned by the United States Government, operated
by any person for purposes related to crew training,
equipment development, or demonstration, and operated
under the conditions specified by section 40125(b);
``(C) owned and operated by the government of a
State, the District of Columbia, a territory or
possession of the United States, or a political
subdivision of one of these governments, under the
conditions specified by section 40125(c); or
``(D) exclusively leased for at least 90 continuous
days by the government of a State, the District of
Columbia, a territory or possession of the United
States, or a political subdivision of one of these
governments, under the conditions specified by section
40125(c).''.
(b) Qualifications for Public Aircraft Status.--
(1) In General.--Chapter 401 is amended by adding at the end
the following:
``Sec. 40125. Qualifications for public aircraft status
``(a) Definitions.--In this section, the following definitions apply:
``(1) Commercial purposes.--The term `commercial purposes'
means the transportation of persons or property for
compensation or hire, but does not include the operation of an
aircraft by one government on behalf of another government
under a cost reimbursement agreement if the government on whose
behalf the operation is conducted certifies to the
Administrator of the Federal Aviation Administration that the
operation is necessary to respond to a significant and imminent
threat to life or property (including natural resources) and
that no service by a private operator is reasonably available
to meet the threat.
``(2) Governmental function.--The term `governmental
function' means an activity undertaken by a government, such as
firefighting, search and rescue, law enforcement, aeronautical
research, or biological or geological resource management.
``(3) Qualified non-crewmember.--The term `qualified non-
crewmember' means an individual, other than a member of the
crew, aboard an aircraft--
``(A) operated by the armed forces or an intelligence
agency of the United States Government; or
``(B) whose presence is required to perform, or is
associated with the performance of, a governmental
function.
``(b) Aircraft Owned by the United States.--An aircraft described in
subparagraph (A) or (B) of section 40102(a)(38), if owned by the
Government, qualifies as a public aircraft except when it is used for
commercial purposes or to carry an individual other than a crewmember
or a qualified non-crewmember.
``(c) Aircraft Owned by State and Local Governments.--An aircraft
described in subparagraph (C) or (D) of section 40102(a)(38) qualifies
as a public aircraft except when it is used for commercial purposes or
to carry an individual other than a crewmember or a qualified non-
crewmember.''.
(2) Conforming amendment.--The analysis for chapter 401 is
amended by adding at the end the following:
``40125. Qualifications for public aircraft status.''.
SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.
Section 40110 is amended by adding at the end the following:
``(d) Prohibition on Release of Offeror Proposals.--
``(1) General rule.--Except as provided in paragraph (2), a
proposal in the possession or control of the Administrator may
not be made available to any person under section 552 of title
5.
``(2) Exception.--Paragraph (1) shall not apply to any
portion of a proposal of an offeror the disclosure of which is
authorized by the Administrator pursuant to procedures
published in the Federal Register. The Administrator shall
provide an opportunity for public comment on the procedures for
a period of not less than 30 days beginning on the date of such
publication in order to receive and consider the views of all
interested parties on the procedures. The procedures shall not
take effect before the 60th day following the date of such
publication.
``(3) Proposal defined.--In this subsection, the term
`proposal' means information contained in or originating from
any proposal, including a technical, management, or cost
proposal, submitted by an offeror in response to the
requirements of a solicitation for a competitive proposal.''.
SEC. 704. MULTIYEAR PROCUREMENT CONTRACTS.
Section 40111 is amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Telecommunications Services.--Notwithstanding section
1341(a)(1)(B) of title 31, the Administrator may make a contract of not
more than 10 years for telecommunication services that are provided
through the use of a satellite if the Administrator finds that the
longer contract period would be cost beneficial.''.
SEC. 705. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.
(a) Mediation.--Section 40122(a)(2) is amended by adding at the end
the following: ``The 60-day period shall not include any period during
which Congress has adjourned sine die.''.
(b) Right To Contest Adverse Personnel Actions.--Section 40122 is
amended by adding at the end the following:
``(g) Right To Contest Adverse Personnel Actions.--An employee of the
Federal Aviation Administration who is the subject of a major adverse
personnel action may contest the action either through any contractual
grievance procedure that is applicable to the employee as a member of
the collective bargaining unit or through the Administration's internal
process relating to review of major adverse personnel actions of the
Administration, known as Guaranteed Fair Treatment or under section
347(c) of the Department of Transportation and Related Agencies
Appropriations Act, 1996.
``(h) Election of Forum.--Where a major adverse personnel action may
be contested through more than one of the indicated forums (such as the
contractual grievance procedure, the Federal Aviation Administration's
internal process, or that of the Merit Systems Protection Board), an
employee must elect the forum through which the matter will be
contested. Nothing in this section is intended to allow an employee to
contest an action through more than one forum unless otherwise allowed
by law.
``(i) Definition.--For purposes of this section, the term `major
adverse personnel action' means a suspension of more than 14 days, a
reduction in pay or grade, a removal for conduct or performance, a
nondisciplinary removal, a furlough of 30 days or less (but not
including placement in a nonpay status as the result of a lapse of
appropriations or an enactment by Congress), or a reduction in force
action.''.
(c) 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 ``; and''; and
(3) by adding at the end the following:
``(8) sections 1204, 1211-1218, 1221, and 7701-7703, relating
to the Merit Systems Protection Board.''.
(d) 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. 706. NONDISCRIMINATION IN AIRLINE TRAVEL.
(a) Discriminatory Practices.--Section 41310(a) is amended to read as
follows:
``(a) Prohibitions.--
``(1) In general.--An air carrier or foreign air carrier may
not subject a person, place, port, or type of traffic in
foreign air transportation to unreasonable discrimination.
``(2) Discrimination against persons.--An air carrier or
foreign air carrier may not subject a person in foreign air
transportation to discrimination on the basis of race, color,
national origin, religion, or sex.''.
(b) Interstate Air Transportation.--Section 41702 is amended--
(1) by striking ``An air carrier'' and inserting ``(a) Safe
and Adequate Air Transportation.--An air carrier''; and
(2) by adding at the end the following:
``(b) Discrimination Against Persons.--An air carrier may not subject
a person in interstate air transportation to discrimination on the
basis of race, color, national origin, religion, or sex.''.
(c) Discrimination Against Handicapped Individuals.--Section 41705 is
amended by inserting ``or foreign air carrier'' after ``air carrier''.
(d) Civil Penalty for Violations of Prohibition on Discrimination
Against the Handicapped.--Section 46301(a)(3) is further amended by
adding at the end the following:
``(D) a violation of section 41705, relating to
discrimination against handicapped individuals.''.
(e) International Aviation Standards for Accommodating the
Handicapped.--The Secretary of Transportation shall work with
appropriate international organizations and the aviation authorities of
other nations to bring about the establishment of higher standards, if
appropriate, for accommodating handicapped passengers in air
transportation, particularly with respect to foreign air carriers that
code share with domestic air carriers.
SEC. 707. JOINT VENTURE AGREEMENT.
Section 41716(a)(1) is amended by striking ``an agreement entered
into by a major air carrier'' and inserting ``an agreement entered into
between 2 or more major air carriers''.
SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.
Section 44310 is amended by striking ``after'' and all that follows
and inserting ``after December 31, 2004.''.
SEC. 709. GENERAL FACILITIES AND PERSONNEL AUTHORITY.
Section 44502(a) is further amended by adding at the end the
following:
``(6) Improvements on leased properties.--The Administrator
may make improvements to real property leased for no or nominal
consideration for an air navigation facility, regardless of
whether the cost of making the improvements exceeds the cost of
leasing the real property, if--
``(A) the improvements primarily benefit the
Government;
``(B) the improvements are essential for
accomplishment of the mission of the Federal Aviation
Administration; and
``(C) the interest of the Government in the
improvements is protected.''.
SEC. 710. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.
Section 44701 is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Bilateral Exchanges of Safety Oversight Responsibilities.--
``(1) In general.--Notwithstanding the provisions of this
chapter, the Administrator, pursuant to Article 83 bis of the
Convention on International Civil Aviation and by a bilateral
agreement with the aeronautical authorities of another country,
may exchange with that country all or part of their respective
functions and duties with respect to registered aircraft under
the following articles of the Convention: Article 12 (Rules of
the Air); Article 31 (Certificates of Airworthiness); or
Article 32a (Licenses of Personnel).
``(2) Relinquishment and acceptance of responsibility.--The
Administrator relinquishes responsibility with respect to the
functions and duties transferred by the Administrator as
specified in the bilateral agreement, under the Articles listed
in paragraph (1) for United States-registered aircraft
described in paragraph (4)(A) transferred abroad and accepts
responsibility with respect to the functions and duties under
those Articles for aircraft registered abroad and described in
paragraph (4)(B) that are transferred to the United States.
``(3) Conditions.--The Administrator may predicate, in the
agreement, the transfer of functions and duties under this
subsection on any conditions the Administrator deems necessary
and prudent, except that the Administrator may not transfer
responsibilities for United States registered aircraft
described in paragraph (4)(A) to a country that the
Administrator determines is not in compliance with its
obligations under international law for the safety oversight of
civil aviation.
``(4) Registered aircraft defined.--In this subsection, the
term `registered aircraft' means--
``(A) aircraft registered in the United States and
operated pursuant to an agreement for the lease,
charter, or interchange of the aircraft or any similar
arrangement by an operator that has its principal place
of business or, if it has no such place of business,
its permanent residence in another country; or
``(B) aircraft registered in a foreign country and
operated under an agreement for the lease, charter, or
interchange of the aircraft or any similar arrangement
by an operator that has its principal place of business
or, if it has no such place of business, its permanent
residence in the United States.''.
SEC. 711. PUBLIC AVAILABILITY OF AIRMEN RECORDS.
Section 44703 is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Public Information.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, the information
contained in the records of contents of any airman certificate
issued under this section that is limited to an airman's name,
address, date of birth, and ratings held shall be made
available to the public after the 120th day following the date
of enactment of the Aviation Investment and Reform Act for the
21st Century.
``(2) Opportunity to withhold information.--Before making any
information concerning an airman available to the public under
paragraph (1), the airman shall be given an opportunity to
elect that the information not be made available to the public.
``(3) Development and implementation of program.--Not later
than 60 days after the date of enactment of the Aviation
Investment and Reform Act for the 21st Century, the
Administrator shall develop and implement, in cooperation with
representatives of the aviation industry, a one-time written
notification to airmen to set forth the implications of making
information concerning an airman available to the public under
paragraph (1) and to carry out paragraph (2).''.
SEC. 712. APPEALS OF EMERGENCY REVOCATIONS OF CERTIFICATES.
Section 44709(e) is amended to read as follows:
``(e) Effectiveness of Orders Pending Appeal.--
``(1) In general.--Except as provided in paragraph (2), if a
person files an appeal with the Board under section (d), the
order of the Administrator is stayed.
``(2) Emergencies.--If the Administrator advises the Board
that an emergency exists and safety in air commerce or air
transportation requires the order to be effective immediately,
the order is effective, except that a person filing an appeal
under subsection (d) may file a written petition to the Board
for an emergency stay on the issues of the appeal that are
related to the existence of the emergency. The Board shall have
10 days to review the materials. If any 2 members of the Board
determine that sufficient grounds exist to grant a stay, an
emergency stay shall be granted. If an emergency stay is
granted, the Board must meet within 15 days of the granting of
the stay to make a final disposition of the issues related to
the existence of the emergency.
``(3) Final disposition of appeal.--In all cases, the Board
shall make a final disposition of the merits of the appeal not
later than 60 days after the Administrator advises the Board of
the order.''.
SEC. 713. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end the following:
``(f) Government and Industry Consortia.--The Administrator may
establish at individual 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.''.
SEC. 714. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking ``shall'' and inserting
``should''.
SEC. 715. COST RECOVERY FOR FOREIGN AVIATION SERVICES.
Section 45301 is amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) Services (other than air traffic control services)
provided to a foreign government or to any entity obtaining
services outside the United States, except that the
Administrator shall not impose fees in any manner for
production-certification related service performed outside the
United States pertaining to aeronautical products manufactured
outside the United States.''; and
(2) by adding at the end the following:
``(d) Production-Certification Related Service Defined.--In this
section, the term `production-certification related service' has the
meaning given that term in appendix C of part 187 of title 14, Code of
Federal Regulations.''.
SEC. 716. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.
Section 46301 is amended--
(1) in subsection (a)(1)(A) by striking ``46302, 46303, or'';
(2) in subsection (d)(7)(A) by striking ``an individual'' the
first place it appears and inserting ``a person''; and
(3) in subsection (g) by inserting ``or the Administrator''
after ``Secretary''.
SEC. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.
(a) Waivers for Aircraft Not Complying With Stage 3 Noise Levels.--
Section 47528(b)(1) is amended in the first sentence by inserting ``or
foreign air carrier'' after ``air carrier''.
(b) Exemption for Aircraft Modification or Disposal.--Section 47528
is amended--
(1) in subsection (a) by inserting ``or (f)'' after ``(b)'';
and
(2) by adding at the end the following:
``(f) Aircraft Modification or Disposal.--After December 31, 1999,
the Secretary may provide a procedure under which a person may operate
a stage 1 or stage 2 aircraft in nonrevenue service to or from an
airport in the United States in order to--
``(1) sell the aircraft outside the United States;
``(2) sell the aircraft for scrapping; or
``(3) obtain modifications to the aircraft to meet stage 3
noise levels.''.
(c) Limited Operation of Certain Aircraft.--Section 47528(e) is
amended by adding at the end the following:
``(4) An air carrier operating stage 2 aircraft under this subsection
may operate stage 2 aircraft to or from the 48 contiguous States on a
nonrevenue 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. 718. METROPOLITAN WASHINGTON AIRPORT AUTHORITY.
(a) Extension of Application Approvals.--Section 49108 is amended by
striking ``2001'' and inserting ``2004''.
(b) Elimination of Deadline for Appointment of Members to Board of
Directors.--Section 49106(c)(6) is amended by striking subparagraph (C)
and by redesignating subparagraph (D) as subparagraph (C).
SEC. 719. ACQUISITION MANAGEMENT SYSTEM.
Section 348 of the Department of Transportation and Related Agencies
Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) is amended
by striking subsection (c) and inserting the following:
``(c) Contracts Extending Into a Subsequent Fiscal Year.--
Notwithstanding subsection (b)(3), the Administrator may enter into
contracts for procurement of severable services that begin in one
fiscal year and end in another if (without regard to any option to
extend the period of the contract) the contract period does not exceed
1 year.''.
SEC. 720. CENTENNIAL OF FLIGHT COMMISSION.
(a) Membership.--
(1) Appointment.--Section 4(a)(5) of the Centennial of Flight
Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3487) is
amended by inserting ``, or his designee,'' after
``prominence''.
(2) Status.--Section 4 of such Act (112 Stat. 3487) is
amended by adding at the end the following:
``(g) Status.--The members of the Commission described in paragraphs
(1), (3), (4), and (5) of subsection (a) shall not be considered to be
officers or employees of the United States.''.
(b) Duties.--Section 5(a)(7) of such Act (112 Stat. 3488) is amended
to read as follows:
``(7) as a nonprimary purpose, publish popular and scholarly
works related to the history of aviation or the anniversary of
the centennial of powered flight.''.
(c) Conflicts of Interest.--Section 6 of such Act (112 Stat. 3488-
3489) is amended by adding at the end the following:
``(e) Conflicts of Interest.--At its second business meeting, the
Commission shall adopt a policy to protect against possible conflicts
of interest involving its members and employees. The Commission shall
consult with the Office of Government Ethics in the development of such
a policy and shall recognize the status accorded its members under
section 4(g).''.
(d) Executive Director.--The first sentence of section 7(a) of such
Act (112 Stat. 3489) is amended by striking the period at the end and
inserting the following: ``or represented on the First Flight
Centennial Advisory Board under subparagraphs (A) through (E) of
section 12(b)(1).''.
(e) Exclusive Right to Name, Logos, Emblems, Seals, and Marks.--
(1) Use of funds.--Section 9(d) of such Act (112 Stat. 3490)
is amended by striking the period at the end and inserting the
following: ``, except that the Commission may transfer any
portion of such funds that is in excess of the funds necessary
to carry out such duties to any Federal agency or the National
Air and Space Museum of the Smithsonian Institution to be used
for the sole purpose of commemorating the history of aviation
or the centennial of powered flight.''.
(2) Duties to be carried out by administrator of nasa.--
Section 9 of such Act (112 Stat. 3490) is amended by adding at
the end the following:
``(f) Duties To Be Carried Out by Administrator of NASA.--The duties
of the Commission under this section shall be carried out by the
Administrator of the National Aeronautics and Space Administration, in
consultation with the Commission.''.
SEC. 721. AIRCRAFT SITUATIONAL DISPLAY DATA.
(a) In General.--A memorandum of agreement between the Administrator
and any person that directly obtains aircraft situational display data
from the Federal Aviation Administration shall require that--
(1) the person demonstrate to the satisfaction of the
Administrator that 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 aircraft situational display data to incorporate the
requirements of subsection (a) within 30 days after that date.
SEC. 722. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY
COMPLAINTS.
(a) Hiring of Additional Personnel.--For fiscal year 2000, the
Secretary of Transportation may hire or contract for such additional
personnel as may be necessary to eliminate the backlog of pending equal
employment opportunity complaints to the Department of Transportation
and to ensure that investigations of complaints are completed not later
than 180 days after the date of initiation of the investigation.
(b) Funding.--Of the amounts appropriated pursuant to section 106(k)
of title 49, United States Code, for fiscal year 2000, $2,000,000 may
be used to carry out this section.
SEC. 723. NEWPORT NEWS, VIRGINIA.
(a) Authority To Grant Waivers.--Notwithstanding section 16 of the
Federal Airport Act (as in effect on May 14, 1947) or section 47125 of
title 49, United States Code, the Secretary shall, subject to section
47153 of such title (as in effect on June 1, 1998), and subsection (b)
of this section, waive with respect to airport property parcels that,
according to the Federal Aviation Administration approved airport
layout plan for Newport News/Williamsburg International Airport, are no
longer required for airport purposes from any term contained in the
deed of conveyance dated May 14, 1947, under which the United States
conveyed such property to the Peninsula Airport Commission for airport
purposes of the Commission.
(b) Conditions.--Any waiver granted by the Secretary under subsection
(a) shall be subject to the following conditions:
(1) The Peninsula Airport Commission shall agree that, in
leasing or conveying any interest in the property with respect
to which waivers are granted under subsection (a), the
Commission will receive an amount that is equal to the fair
lease value or the fair market value, as the case may be (as
determined pursuant to regulations issued by the Secretary).
(2) Peninsula Airport Commission shall use any amount so
received only for the development, improvement, operation, or
maintenance of Newport News/Williamsburg International Airport.
SEC. 724. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.
The City of Los Angeles Department of Airports may grant an easement
to the California Department of Transportation to lands required to
provide sufficient right-of-way to facilitate the construction of the
California State Route 138 bypass, as proposed by the California
Department of Transportation.
SEC. 725. REGULATION OF ALASKA GUIDE PILOTS.
(a) In General.--Beginning on the date of enactment of this Act,
flight operations conducted by Alaska guide pilots shall be regulated
under the general operating and flight rules contained in part 91 of
title 14, Code of Regulations.
(b) Rulemaking Proceeding.--
(1) In general.--The Administrator shall conduct a rulemaking
proceeding and issue a final rule to modify the general
operating and flight rules referred to in subsection (a) by
establishing special rules applicable to the flight operations
conducted by Alaska guide pilots.
(2) Contents of rules.--A final rule issued by the
Administrator under paragraph (1) shall require Alaska guide
pilots--
(A) to operate aircraft inspected no less often than
after 125 hours of flight time;
(B) to participate in an annual flight review, as
described in section 61.56 of title 14, Code of Federal
Regulations;
(C) to have at least 500 hours of flight time as a
pilot;
(D) to have a commercial rating, as described subpart
F of part 61 of such title;
(E) to hold at least a second-class medical
certificate, as described in subpart C of part 67 of
such title;
(F) to hold a current letter of authorization issued
by the Administrator; and
(G) to take such other actions as the Administrator
determines necessary for safety.
(c) Definitions.--In this section, the following definitions apply:
(1) Letter of authorization.--The term ``letter of
authorization'' means a letter issued by the Administrator once
every 5 years to an Alaska guide pilot certifying that the
pilot is in compliance with general operating and flight rules
applicable to the pilot. In the case of a multi-pilot
operation, at the election of the operating entity, a letter of
authorization may be issued by the Administrator to the entity
or to each Alaska guide pilot employed by the entity.
(2) Alaska guide pilot.--The term ``Alaska guide pilot''
means a pilot who--
(A) conducts aircraft operations over or within the
State of Alaska;
(B) operates single engine, fixed wing aircraft on
floats, wheels, or skis, providing commercial hunting,
fishing, or other guide services and related
accommodations in the form of camps or lodges; and
(C) transports clients by such aircraft incidental to
hunting, fishing, or other guide services, or uses air
transport to enable guided clients to reach hunting or
fishing locations.
SEC. 726. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.
(a) Establishment of Panel.--The Secretary of Transportation--
(1) shall establish an Aircraft Repair and Maintenance
Advisory Panel to review issues related to the use and
oversight of aircraft and aviation component repair and
maintenance facilities (in this section referred to as
``aircraft repair facilities'') located within, or outside of,
the United States; and
(2) may seek the advice of the panel on any issue related to
methods to increase safety by improving the oversight of
aircraft repair facilities.
(b) Membership.--The panel shall consist of--
(1) 9 members appointed by the Secretary as follows:
(A) 3 representatives of labor organizations
representing aviation mechanics;
(B) 1 representative of cargo air carriers;
(C) 1 representative of passenger air carriers;
(D) 1 representative of aircraft repair facilities;
(E) 1 representative of aircraft manufacturers;
(F) 1 representative of on-demand passenger air
carriers and corporate aircraft operations; and
(G) 1 representative of regional passenger air
carriers;
(2) 1 representative from the Department of Commerce,
designated by the Secretary of Commerce;
(3) 1 representative from the Department of State, designated
by the Secretary of State; and
(4) 1 representative from the Federal Aviation
Administration, designated by the Administrator.
(c) Responsibilities.--The panel shall--
(1) determine the amount and type of work that is being
performed by aircraft repair facilities located within, and
outside of, the United States; and
(2) provide advice and counsel to the Secretary with respect
to the aircraft and aviation component repair work performed by
aircraft repair facilities and air carriers, staffing needs,
and any balance of trade or safety issues associated with that
work.
(d) DOT To Request Information From Air Carriers and Repair
Facilities.--
(1) Collection of information.--The Secretary, by regulation,
shall require air carriers, foreign air carriers, domestic
repair facilities, and foreign repair facilities to submit such
information as the Secretary may require in order to assess
balance of trade and safety issues with respect to work
performed on aircraft used by air carriers, foreign air
carriers, United States corporate operators, and foreign
corporate operators.
(2) Drug and alcohol testing information.--Included in the
information the Secretary requires under paragraph (1) shall be
information on the existence and administration of employee
drug and alcohol testing programs in place at the foreign
repair facilities, if applicable. The Secretary, if necessary,
shall work with the International Civil Aviation Organization
to increase the number and improve the administration of
employee drug and alcohol testing programs at the foreign
repair facilities.
(3) Description of work done.--Included in the information
the Secretary requires under paragraph (1) shall be information
on the amount and type of work performed on aircraft registered
in and outside of the United States.
(e) DOT To Facilitate Collection of Information About Aircraft
Maintenance.--The Secretary shall facilitate the collection of
information from the National Transportation Safety Board, the Federal
Aviation Administration, and other appropriate agencies regarding
maintenance performed by aircraft repair facilities.
(f) DOT To Make Information Available to Public.--The Secretary shall
make any relevant information received under subsection (c) available
to the public, consistent with the authority to withhold trade secrets
or commercial, financial, and other proprietary information under
section 552 of title 5, United States Code.
(g) Termination.--The panel established under subsection (a) shall
terminate on the earlier of--
(1) the date that is 2 years after the date of enactment of
this Act; or
(2) December 31, 2001.
(h) Definitions.--The definitions contained in section 40102 of title
49, United States Code, shall apply to this section.
SEC. 727. OPERATIONS OF AIR TAXI INDUSTRY.
(a) Study.--The Administrator, in consultation with the National
Transportation Safety Board and other interested persons, shall conduct
a study of air taxi operators regulated under part 135 of title 14,
Code of Federal Regulations.
(b) Contents.--The study shall include an analysis of the size and
type of the aircraft fleet, relevant aircraft equipment, hours flown,
utilization rates, safety record by various categories of use and
aircraft type, sales revenues, and airports served by the air taxi
fleet.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall transmit to Congress a report on the
results of the study.
SEC. 728. SENSE OF CONGRESS CONCERNING COMPLETION OF COMPREHENSIVE
NATIONAL AIRSPACE REDESIGN.
It is the sense of Congress that, as soon as is practicable, the
Administrator should complete and begin implementation of the
comprehensive national airspace redesign that is being conducted by the
Administrator.
SEC. 729. COMPLIANCE WITH REQUIREMENTS.
Notwithstanding any other provision of law, in order to avoid
unnecessary duplication of expense and effort, the Secretary of
Transportation may authorize the use, in whole or in part, of a
completed environmental assessment or environmental impact study for
new construction projects on the air operations area of an airport, if
the completed assessment or study was for a project at the airport that
is substantially similar in nature to the new project. Any such
authorized use shall meet all requirements of Federal law for the
completion of such an assessment or study.
SEC. 730. AIRCRAFT NOISE LEVELS AT AIRPORTS.
(a) Development of New Standards.--The Secretary of Transportation
shall continue to work to develop a new standard for aircraft and
aircraft engines that will lead to a further reduction in aircraft
noise levels.
(b) Report.--Not later than March 1, 2000, and annually thereafter,
the Secretary shall transmit to Congress a report regarding the
application of new standards or technologies to reduce aircraft noise
levels.
SEC. 731. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.
The Administrator is encouraged to consider any proposal with a
regional consensus submitted by a State aviation authority regarding
the expansion of existing airport facilities or the introduction of new
airport facilities.
TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``National Parks Air Tour Management
Act of 1999''.
SEC. 802. FINDINGS.
Congress finds that--
(1) the Federal Aviation Administration has sole authority to
control airspace over the United States;
(2) the Federal Aviation Administration has the authority to
preserve, protect, and enhance the environment by minimizing,
mitigating, or preventing the adverse effects of aircraft
overflights of public and tribal lands;
(3) the National Park Service has the responsibility of
conserving the scenery and natural and historic objects and
wildlife in national parks and of providing for the enjoyment
of the national parks in ways that leave the national parks
unimpaired for future generations;
(4) the protection of tribal lands from aircraft overflights
is consistent with protecting the public health and welfare and
is essential to the maintenance of the natural and cultural
resources of Indian tribes;
(5) the National Parks Overflights Working Group, composed of
general aviation, commercial air tour, environmental, and
Native American representatives, recommended that the Congress
enact legislation based on the Group's consensus work product;
and
(6) this title reflects the recommendations made by that
Group.
SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.
(a) In General.--Chapter 401 is further 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 (including tribal lands) except--
``(A) in accordance with this section;
``(B) in accordance with conditions and limitations
prescribed for that operator by the Administrator; and
``(C) in accordance with any applicable air tour
management plan for the park.
``(2) Application for operating authority.--
``(A) Application required.--Before commencing
commercial air tour operations over a national park
(including tribal lands), a commercial air tour
operator shall apply to the Administrator for authority
to conduct the operations over the park.
``(B) Competitive bidding for limited capacity
parks.--Whenever an air tour management plan limits the
number of commercial air tour operations over a
national park during a specified time frame, the
Administrator, in cooperation with the Director, shall
issue operation specifications to commercial air tour
operators that conduct such operations. The operation
specifications shall include such terms and conditions
as the Administrator and the Director find necessary
for management of commercial air tour operations over
the park. The Administrator, in cooperation with the
Director, shall develop an open competitive process for
evaluating proposals from persons interested in
providing commercial air tour operations over the park.
In making a selection from among various proposals
submitted, the Administrator, in cooperation with the
Director, shall consider relevant factors, including--
``(i) the safety record of the person
submitting the proposal or pilots employed by
the person;
``(ii) any quiet aircraft technology proposed
to be used by the person submitting the
proposal;
``(iii) the experience of the person
submitting the proposal with commercial air
tour operations over other national parks or
scenic areas;
``(iv) the financial capability of the
company;
``(v) any training programs for pilots
provided by the person submitting the proposal;
and
``(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the National Park Service
for the affected park.
``(C) Number of operations authorized.--In
determining the number of authorizations to issue to
provide commercial air tour operations over a national
park, the Administrator, in cooperation with the
Director, shall take into consideration the provisions
of the air tour management plan, the number of existing
commercial air tour operators and current level of
service and equipment provided by any such operators,
and the financial viability of each commercial air tour
operation.
``(D) Cooperation with nps.--Before granting an
application under this paragraph, the Administrator, in
cooperation with the Director, shall develop an air
tour management plan in accordance with subsection (b)
and implement such plan.
``(3) Exception.--
``(A) In general.--If a commercial air tour operator
secures a letter of agreement from the Administrator
and the superintendent for the national park that
describes the conditions under which the commercial air
tour operation will be conducted, then notwithstanding
paragraph (1), the commercial air tour operator may
conduct such operations over the national park under
part 91 of title 14, Code of Federal Regulations, if
such activity is permitted under part 119 of such
title.
``(B) Limit on exceptions.--Not more than 5 flights
in any 30-day period over a single national park may be
conducted under this paragraph.
``(4) Special rule for safety requirements.--Notwithstanding
subsection (d), an existing commercial air tour operator shall
apply, not later than 90 days after the date of enactment of
this section, for operating authority under part 119, 121, or
135 of title 14, Code of Federal Regulations. A new entrant
commercial air tour operator shall apply for such authority
before conducting commercial air tour operations over a
national park (including tribal lands). The Administrator shall
act on any such application for a new entrant and issue a
decision on the application not later than 24 months after it
is received or amended.
``(b) Air Tour Management Plans.--
``(1) Establishment.--
``(A) In general.--The Administrator, in cooperation
with the Director, shall establish an air tour
management plan for any national park (including tribal
lands) for which such a plan is not in effect whenever
a person applies for authority to conduct a commercial
air tour operation over the park. The air tour
management plan shall be developed by means of a public
process in accordance with paragraph (4).
``(B) Objective.--The objective of any air tour
management plan shall be to develop acceptable and
effective measures to mitigate or prevent the
significant adverse impacts, if any, of commercial air
tours upon the natural and cultural resources, visitor
experiences, and tribal lands.
``(2) Environmental determination.--In establishing an air
tour management plan under this subsection, the Administrator
and the Director shall each sign the environmental decision
document required by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) (including a finding of no
significant impact, an environmental assessment, and 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 limit or prohibit commercial air tour
operations;
``(B) may establish conditions for the conduct of
commercial air tour operations, including commercial
air tour operation 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 adverse noise, visual, or other impacts;
``(C) may apply to all commercial air tour
operations;
``(D) shall include incentives (such as preferred
commercial air tour operation routes and altitudes and
relief from flight caps and curfews) for the adoption
of quiet aircraft technology by commercial air tour
operators conducting commercial air tour operations
over the park;
``(E) shall provide a system for allocating
opportunities to conduct commercial air tours if the
air tour management plan includes a limitation on the
number of commercial air tour operations for any time
period; and
``(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A) through
(E) and include such justifications in the record of
decision.
``(4) Procedure.--In establishing an air tour management plan
for a national park (including tribal lands), the Administrator
and the Director shall--
``(A) hold at least one public meeting with
interested parties to develop the air tour management
plan;
``(B) publish the proposed plan in the Federal
Register for notice and comment and make copies of the
proposed plan available to the public;
``(C) comply with the regulations set forth in
sections 1501.3 and 1501.5 through 1501.8 of title 40,
Code of Federal Regulations (for purposes of complying
with the regulations, the Federal Aviation
Administration shall be the lead agency and the
National Park Service is a cooperating agency); and
``(D) solicit the participation of any Indian tribe
whose tribal lands are, or may be, overflown by
aircraft involved in a commercial air tour operation
over the park, as a cooperating agency under the
regulations referred to in subparagraph (C).
``(5) Judicial review.--An air tour management plan developed
under this subsection shall be subject to judicial review.
``(6) Amendments.--The Administrator, in cooperation with the
Director, may make amendments to an air tour management plan.
Any such amendments shall be published in the Federal Register
for notice and comment. A request for amendment of an air tour
management plan shall be made in such form and manner as the
Administrator may prescribe.
``(c) Determination of Commercial Air Tour Operation Status.--In
making a determination of whether a flight is a commercial air tour
operation, the Administrator may consider--
``(1) whether there was a holding out to the public of
willingness to conduct a sightseeing flight for compensation or
hire;
``(2) whether a narrative that referred to areas or points of
interest on the surface below the route of the flight was
provided by the person offering the flight;
``(3) the area of operation;
``(4) the frequency of flights conducted by the person
offering the flight;
``(5) the route of flight;
``(6) the inclusion of sightseeing flights as part of any
travel arrangement package offered by the person offering the
flight;
``(7) whether the flight would have been canceled based on
poor visibility of the surface below the route of the flight;
and
``(8) any other factors that the Administrator considers
appropriate.
``(d) Interim Operating Authority.--
``(1) In general.--Upon application for operating authority,
the Administrator shall grant interim operating authority under
this subsection to a commercial air tour operator for
commercial air tour operations over a national park (including
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
this section; or
``(ii) the average number of flights per 12-
month period used by the operator to provide
such tours within the 36-month period prior to
such date of enactment, and, for seasonal
operations, the number of flights so used
during the season or seasons covered by that
12-month period;
``(B) may not provide for an increase in the number
of commercial air tour operations conducted during any
time period by the commercial air tour operator above
the number that the air tour operator was originally
granted unless such an increase is agreed to by the
Administrator and the Director;
``(C) shall be published in the Federal Register to
provide notice and opportunity for comment;
``(D) may be revoked by the Administrator for cause;
``(E) shall terminate 180 days after the date on
which an air tour management plan is established for
the park or the tribal lands;
``(F) shall promote protection of national park
resources, visitor experiences, and tribal lands;
``(G) shall promote safe operations of the commercial
air tour;
``(H) shall promote the adoption of quiet technology,
as appropriate; and
``(I) shall allow for modifications of the operation
based on experience if the modification improves
protection of national park resources and values and of
tribal lands.
``(e) Exemptions.--
``(1) In general.--Except as provided by paragraph (2), this
section shall not apply to--
``(A) the Grand Canyon National Park;
``(B) tribal lands within or abutting the Grand
Canyon National Park; or
``(C) any unit of the National Park System located in
Alaska or any other land or water located in Alaska.
``(2) Exception.--This section shall apply to the Grand
Canyon National Park if section 3 of Public Law 100-91 (16
U.S.C. 1a-1 note; 101 Stat. 674-678) is no longer in effect.
``(f) Definitions.--In this section, the following definitions apply:
``(1) Commercial air tour operator.--The term `commercial air
tour operator' means any person who conducts a commercial air
tour operation.
``(2) Existing commercial air tour operator.--The term
`existing commercial air tour operator' means a commercial air
tour operator that was actively engaged in the business of
providing commercial air tour operations over a national park
at any time during the 12-month period ending on the date of
enactment of this section.
``(3) New entrant commercial air tour operator.--The term
`new entrant commercial air tour operator' means a commercial
air tour operator that--
``(A) applies for operating authority as a commercial
air tour operator for a national park; and
``(B) has not engaged in the business of providing
commercial air tour operations over the national park
(including tribal lands) in the 12-month period
preceding the application.
``(4) Commercial air tour operation.--The term `commercial
air tour operation' means any flight, conducted for
compensation or hire in a powered aircraft where a purpose of
the flight is sightseeing over a national park, within \1/2\
mile outside the boundary of any national park, or over tribal
lands, during which the aircraft flies--
``(A) below a minimum altitude, determined by the
Administrator in cooperation with the Director, above
ground level (except solely for purposes of takeoff or
landing, or necessary for safe operation of an aircraft
as determined under the rules and regulations of the
Federal Aviation Administration requiring the pilot-in-
command to take action to ensure the safe operation of
the aircraft); or
``(B) less than 1 mile laterally from any geographic
feature within the park (unless more than \1/2\ mile
outside the boundary).
``(5) National park.--The term `national park' means any unit
of the National Park System.
``(6) Tribal lands.--The term `tribal lands' means Indian
country (as that term is defined in section 1151 of title 18)
that is within or abutting a national park.
``(7) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(8) Director.--The term `Director' means the Director of
the National Park Service.''.
(b) Conforming Amendment.--The analysis for chapter 401 is further
amended by adding at the end the following:
``40126. Overflights of national parks.''.
SEC. 804. ADVISORY GROUP.
(a) Establishment.--Not later than 1 year after the date of enactment
of this Act, the Administrator and the Director of the National Park
Service shall jointly establish an advisory group to provide continuing
advice and counsel with respect to commercial air tour operations over
and near national parks.
(b) Membership.--
(1) In general.--The advisory group shall be composed of--
(A) a balanced group of--
(i) representatives of general aviation;
(ii) representatives of commercial air tour
operators;
(iii) representatives of environmental
concerns; and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Aviation
Administration; and
(C) a representative of the National Park Service.
(2) Ex officio members.--The Administrator (or the designee
of the Administrator) and the Director (or the designee of the
Director) shall serve as ex officio members.
(3) Chairperson.--The representative of the Federal Aviation
Administration and the representative of the National Park
Service shall serve alternating 1-year terms as chairman of the
advisory group, with the representative of the Federal Aviation
Administration serving initially until the end of the calendar
year following the year in which the advisory group is first
appointed.
(c) Duties.--The advisory group shall provide advice, information,
and recommendations to the Administrator and the Director--
(1) on the implementation of this title and the amendments
made by this title;
(2) on commonly accepted quiet aircraft technology for use in
commercial air tour operations over national parks (including
tribal lands), which will receive preferential treatment in a
given air tour management plan;
(3) on other measures that might be taken to accommodate the
interests of visitors to national parks; and
(4) at request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park (including tribal lands).
(d) Compensation; Support; FACA.--
(1) Compensation and travel.--Members of the advisory group
who are not officers or employees of the United States, while
attending conferences or meetings of the group or otherwise
engaged in its business, or while serving away from their homes
or regular places of business, may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for persons in the
Government service employed intermittently.
(2) Administrative support.--The Federal Aviation
Administration and the National Park Service shall jointly
furnish to the advisory group clerical and other assistance.
(3) Nonapplication of faca.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the
advisory group.
SEC. 805. REPORTS.
(a) Overflight Fee Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall transmit to Congress a
report on the effects overflight fees are likely to have on the
commercial air tour operation industry. The report shall include, but
shall not be limited to--
(1) the viability of a tax credit for the commercial air tour
operators equal to the amount of any overflight fees charged by
the National Park Service; and
(2) the financial effects proposed offsets are likely to have
on Federal Aviation Administration budgets and appropriations.
(b) Quiet Aircraft Technology Report.--Not later than 2 years after
the date of enactment of this Act, the Administrator and the Director
shall jointly transmit a report to Congress on the effectiveness of
this title in providing incentives for the development and use of quiet
aircraft technology.
SEC. 806. EXEMPTIONS.
This title shall not apply to--
(1) any unit of the National Park System located in Alaska;
or
(2) any other land or water located in Alaska.
SEC. 807. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Director.--The term ``Director'' means the Director of
the National Park Service.
TITLE IX--TRUTH IN BUDGETING
SEC. 901. SHORT TITLE.
This title may be cited as the ``Truth in Budgeting Act''.
SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST FUND.
Notwithstanding any other provision of law, the receipts and
disbursements of the Airport and Airway Trust Fund established by
section 9502 of the Internal Revenue Code of 1986--
(1) shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
(A) the budget of the United States Government as
submitted by the President,
(B) the congressional budget (including allocations
of budget authority and outlays provided therein), or
(C) the Balanced Budget and Emergency Deficit Control
Act of 1985; and
(2) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government.
SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY
TRUST FUND.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47138. Safeguards against deficit spending
``(a) Estimates of Unfunded Aviation Authorizations and Net Aviation
Receipts.--Not later than March 31 of each year, the Secretary of
Transportation, in consultation with the Secretary of the Treasury,
shall estimate--
``(1) the amount which would (but for this section) be the
unfunded aviation authorizations at the close of the first
fiscal year that begins after that March 31, and
``(2) the net aviation receipts to be credited to the Airport
and Airway Trust Fund during the fiscal year.
``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the
Secretary of Transportation determines for any fiscal year that the
amount described in subsection (a)(1) exceeds the amount described in
subsection (a)(2), the Secretary shall determine the amount of such
excess.
``(c) Adjustment of Authorizations if Unfunded Authorizations Exceed
Receipts.--
``(1) Determination of percentage.--If the Secretary
determines that there is an excess referred to in subsection
(b) for a fiscal year, the Secretary shall determine the
percentage which--
``(A) such excess, is of
``(B) the total of the amounts authorized to be
appropriated from the Airport and Airway Trust Fund for
the next fiscal year.
``(2) Adjustment of authorizations.--If the Secretary
determines a percentage under paragraph (1), each amount
authorized to be appropriated from the Airport and Airway Trust
Fund for the next fiscal year shall be reduced by such
percentage.
``(d) Availability of Amounts Previously Withheld.--
``(1) Adjustment of authorizations.--If, after a reduction
has been made under subsection (c)(2), the Secretary determines
that the amount described in subsection (a)(1) does not exceed
the amount described in subsection (a)(2) or that the excess
referred to in subsection (b) is less than the amount
previously determined, each amount authorized to be
appropriated that was reduced under subsection (c)(2) shall be
increased, by an equal percentage, to the extent the Secretary
determines that it may be so increased without causing the
amount described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) (but not by more than the amount
of the reduction).
``(2) Apportionment.--The Secretary shall apportion amounts
made available for apportionment by paragraph (1).
``(3) Period of availability.--Any funds apportioned under
paragraph (2) shall remain available for the period for which
they would be available if such apportionment took effect with
the fiscal year in which they are apportioned under paragraph
(2).
``(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be reported by
the Secretary to Congress.
``(f) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Net aviation receipts.--The term `net aviation
receipts' means, with respect to any period, the excess of--
``(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such period, over
``(B) the amounts to be transferred during such
period from the Airport and Airway Trust Fund under
section 9502(d) of the Internal Revenue Code of 1986
(other than paragraph (1) thereof).
``(2) Unfunded aviation authorizations.--The term `unfunded
aviation authorization' means, at any time, the excess (if any)
of--
``(A) the total amount authorized to be appropriated
from the Airport and Airway Trust Fund which has not
been appropriated, over
``(B) the amount available in the Airport and Airway
Trust Fund at such time to make such appropriation
(after all other unliquidated obligations at such time
which are payable from the Airport and Airway Trust
Fund have been liquidated).''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47138. Safeguards against deficit spending.''.
SEC. 904. APPLICABILITY.
This title (including the amendments made by this Act) shall apply to
fiscal years beginning after September 30, 2000.
TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS.
(a) In General.--Part C of subtitle VII is amended by adding at the
end the following:
``CHAPTER 483--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
``Sec.
``48301. Definitions.
``48302. Adjustments to align aviation authorizations with revenues.
``48303. Adjustment to AIP program funding.
``48304. Estimated aviation income.
``Sec. 48301. Definitions
``In this chapter, the following definitions apply:
``(1) Base year.--The term `base year' means the second
fiscal year before the fiscal year for which the calculation is
being made.
``(2) AIP program.--The term `AIP program' means the programs
for which amounts are made available under section 48103.
``(3) Aviation income.--The term `aviation income' means the
tax receipts credited to the Airport and Airway Trust Fund and
any interest attributable to the Fund.
``Sec. 48302. Adjustment to align aviation authorizations with revenues
``(a) Authorization of Appropriations.--Beginning with fiscal year
2003, if the actual level of aviation income for the base year is
greater or less than the estimated aviation income level specified in
section 48304 for the base year, the amounts authorized to be
appropriated (or made available) for the fiscal year under each of
sections 106(k), 48101, 48102, and 48103 are adjusted as follows:
``(1) If the actual level of aviation income for the base
year is greater than the estimated aviation income level
specified in section 48304 for the base year, the amount
authorized to be appropriated (or made available) for such
section is increased by an amount determined by multiplying the
amount of the excess by the ratio for such section set forth in
subsection (b).
``(2) If the actual level of aviation income for the base
year is less than the estimated aviation income level specified
in section 48304 for the base year, the amount authorized to be
appropriated (or made available) for such section is decreased
by an amount determined by multiplying the amount of the
shortfall by the ratio for such section set forth in subsection
(b).
``(b) Ratio.--The ratio referred to in subsection (a) with respect to
section 106(k), 48101, 48102, or 48103, as the case may be, is the
ratio that--
``(1) the amount authorized to be appropriated (or made
available) under such section for the fiscal year; bears to
``(2) the total sum of amounts authorized to be appropriated
(or made available) under all of such sections for the fiscal
year.
``(c) President's Budget.--When the President submits a budget for a
fiscal year under section 1105 of title 31, United States Code, the
Director of the Office of Management and Budget shall calculate and the
budget shall report any increase or decrease in authorization levels
resulting from this section.
``Sec. 48303. Adjustment to AIP program funding
``On the effective date of a general appropriations Act providing
appropriations for a fiscal year beginning after September 30, 2000,
for the Federal Aviation Administration, the amount made available for
a fiscal year under section 48103 shall be increased by the amount, if
any, by which--
``(1) the total sum of amounts authorized to be appropriated
under all of sections 106(k), 48101, and 48102 for such fiscal
year, including adjustments made under section 48302; exceeds
``(2) the amounts appropriated for programs funded under such
sections for such fiscal year.
Any contract authority made available by this section shall be subject
to an obligation limitation.
``Sec. 48304. Estimated aviation income
``For purposes of section 48302, the estimated aviation income levels
are as follows:
``(1) $10,734,000,000 for fiscal year 2001.
``(2) $11,603,000,000 for fiscal year 2002.
``(3) $12,316,000,000 for fiscal year 2003.
``(4) $13,062,000,000 for fiscal year 2004.''.
(b) Conforming Amendment.--The table of chapters for subtitle VII of
such title is amended by inserting after the item relating to chapter
482 the following:
``483. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS.............. 48301''.
SEC. 1002. BUDGET ESTIMATES.
Upon the enactment of this Act, the Director of the Office of
Management and Budget shall not make any estimates under section 252(d)
of the Balanced Budget and Emergency Deficit Control Act of 1985 of
changes in direct spending outlays and receipts for any fiscal year
resulting from this title and title IX, including the amendments made
by such titles.
SEC. 1003. SENSE OF CONGRESS ON FULLY OFFSETTING INCREASED AVIATION
SPENDING.
It is the sense of Congress that--
(1) air passengers and other users of the air transportation
system pay aviation taxes into a trust fund dedicated solely to
improve the safety, security, and efficiency of the aviation
system;
(2) from fiscal year 2001 to fiscal year 2004, air passengers
and other users will pay more than $14.3 billion more in
aviation taxes into the Airport and Airway Trust Fund than the
concurrent resolution on the budget for fiscal year 2000
provides from such Fund for aviation investment under
historical funding patterns;
(3) the Aviation Investment and Reform Act for the 21st
Century provides $14.3 billion of aviation investment above the
levels assumed in that budget resolution for such fiscal years;
and
(4) this increased funding will be fully offset by
recapturing unspent aviation taxes and reducing the $778
billion general tax cut assumed in that budget resolution by
the appropriate amount.
Introduction
Programs providing federal aid to airports began in 1946
and have been modified several times. The current Airport
Improvement Program (AIP) began in 1982.
AIP is funded entirely by the Airport & Airway Trust Fund.
The Trust Fund, in turn, is supported entirely by user taxes.
Users have been paying such taxes since at least the 1940s.
However, the Trust Fund was not created until 1970. The types
and amount of taxes paid into this Trust Fund have changed
frequently. Currently, aviation users pay the following taxes:
8% passenger ticket tax (decreasing to 7.5% by 2000);
$2 passenger flight segment fee (increasing to $3 by
2002)
6.25% freight waybill tax;
$12 international departure tax and the same
international arrival tax;
Frequent flyer award tax; and
Aviation fuel taxes as follows:
4.3 cents on commercial aviation;
19.3 cents on general aviation gasoline; and
21.8 cents on general aviation jet fuel.
For rural airports (those with less than 100,000 passengers)
the passenger ticket tax is 7.5% and there is no passenger
flight segment fee.
These taxes are expected to raise more than $10 billion in
fiscal year 1999 in the following amounts:
$5.1 billion from the passenger ticket taxes;
$1.2 billion from the passenger flight segment fee;
$439 million from the freight waybill tax;
$828 million from the various aviation fuel taxes;
$1.2 billion from the international departure and
arrival taxes;
$134 million from frequent flyer award tax; and
There is also a one-time timing change this year.
The Aviation Trust Fund continues to earn interest on its
cash balance, which is now approaching $12 billion. Interest
revenue in 1999 is expected to be about $666 million.
In addition to AIP, the Trust Fund also fully funds the
Federal Aviation Administration's air traffic control
facilities & equipment (F&E) modernization program and its
aviation research program. The Fund partially pays for the
salaries, expenses, and operations of the FAA. In 1999, these
programs will receive the following amounts from the Trust
Fund:
Airport Improvement Program--$1.95 billion
Facilities and Equipment--$2.1 billion
Research and Development--$150 million
FAA Operations--$4.1 billion from the Trust Fund (of
the $5.6 appropriated for FAA operations).
Total obligations from the Trust Fund will therefore be about
$8.2 billion. This represents 100% of FAA's capital budget and
about 85% of FAA's total budget of $9.7 billion.
As should be obvious, the more than $10 billion that the
Trust Fund is expected to take in greatly exceeds the $8.2
billion that it is paying out. If this trend continues, the
uncommitted balance in the Trust Fund will balloon to $61
billion in 10 years according to the Congressional Budget
Office.
The following spreadsheet shows how the Trust Fund balance
increases over the next 10 years if current trends continue.
AIRPORT AND AIRWAY TRUST FUND (AATF) PROJECTION OF TRUST FUND BALANCES
[Dollars in millions, by fiscal year]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated--
actual -----------------------------------------------------------------------------------------------------------------------------------
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AATF BALANCES
Start of Year Cash Balance...................... 6,358 9,140 12,018 15,538 19,574 24,594 30,504 37,446 45,486 54,781 65,409 77,565
Governmental Receipts (taxes)................... 8,111 10,158 9,245 9679 10,415 11,015 11,670 12,361 13,104 13,850 14,634 15,467
Outlays......................................... -5,872 -7,947 -6,579 -6,714 -6,720 -6,757 -6,767 -6,767 -6,767 -6,767 -6,767 -6,767
-----------------------------------------------------------------------------------------------------------------------------------------------
Subtotal.................................. 8,597 11,351 14,684 18,503 23,269 28,852 35,407 43,040 51,823 61,864 73,276 86,265
===============================================================================================================================================
Interest Rate (percent)......................... .......... 6.3 6.2 6.1 6.0 6.0 6.0 5.9 5.9 5.9 6.0 6.0
Interest........................................ 543 666 854 1,071 1,325 1,653 2,039 2,446 2,958 3,546 4,289 5,067
Total (Revenue (taxes+interest)................. 8,654 10,824 10,099 10,750 11,740 12,668 13,709 14,807 16,062 17,396 18,923 20,534
End of Year Cash Balance........................ 9,140 12,018 15,538 19,574 24,594 30,504 37,446 45,486 54,781 65,409 77,565 91,332
Change in Cash Balance.......................... 2,782 2,878 3,520 4,036 5,020 5,911 6,941 8,040 9,295 10,628 12,156 13,767
UNCOMMITTED BALANCES
Start of Year Unpaid Authority.................. 5,032 4,801 5,552 6,171 6,684 7,191 7,661 8,121 8,581 9,041 9,501 9,961
New Budget (Authority (BA)...................... 5,641 8,668 7,227 7,227 7,227 7,227 7,227 7,227 7,227 7,227 7,227 7,227
Outlays......................................... 5,872 7,947 6,579 6,714 6,757 6,767 6,767 6,767 6,767 6,767 6,767 6,767
End of Year Unpaid Authority.................... 4,801 5,522 6,171 6,684 7,191 7,661 8,121 8,581 9,041 9,501 9,961 10,421
End of Year Cash Balance........................ 9,140 12,018 15,538 19,574 24,594 30,504 37,446 45,486 54,781 65,409 77,565 91,332
End of Yr Uncommitted Balances.................. 4,339 6,495 9,367 12,890 17,403 22,844 29,325 36,905 45,740 55,908 67,604 80,911
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Budget Authority (BA): authority provided by the Congress to enter into contracts committing funds.
Unpaid Authority: unspent BA: all budget authority that has been provided but not yet expended, including contract authority in excess of obligation limitations.
Uncommitted Balance: portion of cash balance of which the Congress has not yet provided BA. Negative numbers in this line denote a shortfall.
End of Year Cash Balance: cash available in trust fund at the end of the year. The FY98 end of year/FY99 start of year cash balance based on p. 745 of the FY2000 Budget Appendix.
Change in Cash Balance: total revenues to AATF--outlays.
Governmental receipts (tax revenues) reflect the amounts deposited in the AATF during the fiscal year. For FY96 actual deposits, see p. 745 of FY2000 Budget Appendix.
Note.--FY99 tax revenue line includes an $87M intergovernmental transfer from the Y2K emergency supplement appropriation (P.L. 105-277). [pp.745 and 950, FY200 Budget Appendix] Spending of
that Y2K transfer appears in the facilities and equipment (F&E) account.
How the Current AIP Program Works
There are more than 18,000 airports in the U.S. but only
3,304 are eligible for Federal funding under the Airport
Improvement Program (AIP).
Unlike some of the Committee's other programs, the AIP has
not traditionally included special earmarks. Instead, the money
is distributed by formulas that are set forth in the law. These
formulas are described below.
The law divides AIP money into two broad categories. They
are entitlement funds and discretionary funds. Entitlement
funds are further divided into four sub-categories. They are--
Primary airport entitlements;
Cargo airport entitlements;
State entitlements; and
Alaskan airport entitlements.
Primary airports.--If a public airport has commercial air
service with at least 10,000 passenger boardings per year, it
is considered a primary airport. These airports are entitled to
receive AIP money each year in accordance with the following
formula:
$7.80 for each of the first 50,000 passengers
boarded;
$5.20 for each of the next 50,000 passengers boarded
there;
$2.60 for each of the next 400,000 passengers
boarded;
65 cents for each of the next 500,000 passengers; and
50 cents for each additional passenger boarded.
Regardless of the number of passengers boarded, the minimum
entitlement is $500,000 per year and no primary airport is
entitled to more than $22 million per year. Large and medium
hub \1\ airports that choose to collect a passenger facility
charge (PFC) receive only half their entitlement.
---------------------------------------------------------------------------
\1\ It should be noted that the reference to hubs here and
elsewhere refers to the number of passengers at that airport, not to
whether an airline uses the airport as a connecting complex.
---------------------------------------------------------------------------
To receive the money, an airport must have a project, such
as a runway, terminal, or noise abatement project, that is
eligible for AIP funding under the law. A hub airport can
retain the right to receive its entitlement money for 2 years
and a non-hub can keep it for 3 years. Entitlement money
deferred to a later year is referred to as carryover
entitlement.
Cargo entitlement.--Cargo service airports are airports
that are served by cargo-only (freighter) aircraft whose total
weight are more than 100 million tons and other airports that
FAA finds will be served primarily by freighter aircraft. These
airports are entitled to share in a pool of money that equals
2.5% of total AIP funds. A cargo service airport shares in this
pool in the proportion to which the total weight of cargo-only
aircraft landing there is to the total weight of cargo aircraft
at all other airports. No airport may receive more than 8% of
this 2.5%.
State entitlement.--The States, territories, and
possessions share entitlement funds that are equal to 18.5% of
total AIP funds. Each State's share of this entitlement is
based on a formula that takes into account the population and
area of the State. Money from this entitlement goes to general
aviation airports (airports used by private planes) and to
airports with less than 10,000 passengers per year.
General aviation airports that are seeking AIP money from
this entitlement usually apply directly to the FAA. Some States
require their airports to channel their AIP applications
through the State aviation agency. The FAA then makes the
grants to individual airports. Nine States (Illinois, Michigan,
Missouri, New Jersey, North Carolina, Pennsylvania, Tennessee,
Texas, and Wisconsin) participate in the State Block Grant
program. Under this program, the FAA gives the State aviation
agency responsibility to manage its AIP allocation and the
State, not the FAA, decides which general aviation airports
will receive a grant.
Alaska entitlement.--By law, Alaskan airports are entitled
to receive at least the same amount of money that they received
in 1980. This year, they will receive $10.5 million. The $10.5
million is in addition to whatever those airports will receive
under the above entitlements.
Discretionary fund.--Any money left over after the above
entitlements are funded can be spent by the FAA at its own
discretion. However, this discretionary fund is subject to two
set-asides:
(1) Noise set-aside.--Current law sets aside 31% of this
discretionary fund for noise projects. These could include such
things as buying property for a noise buffer or soundproofing
buildings.
(2) Military airports.--Under the military airport program
(MAP), FAA selects 12 current or former military airports to
share in a set-aside that is equal to 4% of the discretionary
fund. The purpose of this program is to increase overall system
capacity by promoting joint civilian-military use of military
airports or by converting former military airports to civilian
use.
Pure discretionary.--After the entitlements and set-asides
are funded, the remaining money can be spent as the FAA sees
fit. This is often referred to as pure discretionary AIP money.
Even here, however, there are restrictions. The law requires
that 75% of this discretionary money be spent on airport
projects that will enhance capacity, safety, or security, or
reduce noise.
Until recently, total AIP funding had been declining. At
the same time, FAA hadbeen issuing letters of intent (LOIs) to
several airports. An LOI is a commitment to pay a certain amount of AIP
money to an airport over a specified number of years to fund an
important project. These commitments are predominantly funded from the
discretionary portion of AIP.
In the past, as the overall AIP program declined, much of
the money was allocated to the entitlements and set-asides.
This left little discretionary money and prompted concerns that
the FAA would be unable to meet its LOI commitments or fund
other important projects from the discretionary fund.
As a result, the law imposes a floor on the discretionary
fund of $148 million per year plus the amount needed to fund
outstanding LOIs issued before January 1, 1996. If the above-
described entitlement and set-aside formulas would not leave at
least that amount in the discretionary fund, all entitlements
and set-asides must be cut by a proportionate amount. In the
past, this has resulted in across-the-board cuts in
entitlements and set asides of as much as 23% to ensure the
required minimum discretionary fund.
As a corollary to the minimum discretionary fund, the law
sets a cap on the discretionary fund as well. Under this
provision, if total AIP funding is high enough so that the
discretionary fund is more than the cap, any amount in that
fund above the cap would be divided 1/3 to general aviation
airports, 1/3 to military airports, and 1/3 to noise abatement
programs.
In 1998, total AIP money was high enough so that the
discretionary fund's cap was exceeded. Although, the
Appropriations Act limited the additional money for military
airports and noise abatement programs,\2\ it did allow an
additional $29.9 million to be spent on general aviation
airports. The discretionary cap has since been repealed by
Public Law 106-6.
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\2\ Public Law 105-66, 111 Stat. 1431, October 27, 1997.
---------------------------------------------------------------------------
Federal share.--As a general rule, the Federal share of an
AIP project cost is 90%. However, at medium and large hub
airports (defined as airports that enplane .25% of the total
annual enplanements in the U.S.) the Federal share is 75%. In
the case of a project involving an airport terminal building,
the Federal share is 85% at non-hubs (defined as airports with
.05% or less of the total annual enplanements in the U.S.) and
75% at hubs.
Passenger facility charge.--In 1990, the Committee became
concerned that the AIP program would not be able to meet the
future infrastructure needs of U.S. airports. Consequently, the
1990 AIP reauthorization law \3\ permitted an airport to assess
a fee on passengers. This is known as the passenger facility
charge (PFC). PFCs are collected by the airlines and paid
directly to the airport without going through the Federal
treasury. They are intended to supplement AIP funds by
providing more money for runways, taxiways, terminals, gates
and other airport improvements.
---------------------------------------------------------------------------
\3\ Public Law 101-508, 104 Stat. 1388-357, November 5, 1990.
---------------------------------------------------------------------------
No airport may charge a PFC of more than $3 per passenger
and no passenger has to pay more than $12 in PFCs per round-
trip regardless of the number of airports through which the
passenger connects. No airport can charge a PFC until FAA
approves it.
At the beginning of this year, FAA had approved PFCs at 301
airports and 273 were actually collecting money. The total
approved collections are over $23 billion. This year, FAA
estimates that airports will collect $1.44 billion in PFCs.
If a medium or large hub airport charges a PFC, it must
turn back up to 50% of its AIP entitlement. These foregone
entitlements are distributed as follows:
50% to non-hub airports;
25% to general aviation airports;
12.5% to small hub airports; and
12.5% to the discretionary fund.
AIP distribution.--According to the FAA, during the fiscal
years between 1982 and 1996, the AIP money was spent by project
type as follows:
52.76% for runways; taxiways; and aprons;
11.2% on noise control projects;
7.82% for land purchases;
6.03% on safety and security;
5.2% on buildings;
4.78% on airport roads; and
the remainder on miscellaneous projects such as
lighting and planning.
According to the General Accounting Office (GAO), in 1997,
AIP money was distributed by airport size as follows:
25% to the 2,764 general aviation airports;
24% to the 29 large hub airports;
17% to the 42 medium hub airports;
16% to the 70 small hub airports; and
19% to the 272 nonhub airports.
Trend in AIP Spending
Total AIP spending has increased recently after several
years of decline. In 1982, $450 million was authorized and
appropriated for AIP. AIP spending peaked at $1.9 billion in
1992, dropped to a low of $1.45 billion in 1995, and has begun
to slowly climb since then.
Last year, the Committee approved legislation (H.R. 4057,
H. Rept. 105-639) that would have reauthorized AIP and provided
contract authority of $2.347 billion for the AIP program. This
legislation passed the House on August 4, 1998. However, it was
not enacted because it could not be reconciled with companion
Senate legislation (S. 2279) before Congress adjourned.
To ensure that the AIP program did not lapse, a short-term
extension was included in the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for Fiscal Year 1999
(P.L. 105-277, See H. Rept. 105-825, at 608). This legislation
provided contract authority for the AIP program for only 6
months and conditioned obligation beyond $975 million on
additional contract authority.
The 6-month AIP reauthorization meant that FAA would not be
able to issue airport grants after March 31, 1999. It also cut
in half the funds that would otherwise be available for such
grants.
The practical effect of the Omnibus bill was to limit AIP
spending to $975 million. This was a dramatic reduction from
the $1.7 billion available in 1998 for AIP grants and the $1.95
billion that would be available in 1999 if the program were
authorized for a full year.
To prevent a lapse in the program, the Committee approved
H.R. 99 on January 7, 1999 (H. Rept. 106-3). This bill would
have reauthorized and provided contract authority for the FAA's
1999 AIP program for the 6 months remaining in the fiscal year.
It passed the House on February 3, 1999. However, the Senate
insisted on only a 2-month extension of the AIP program, which
was ultimately enacted (P.L. 106-6).
Enactment of this legislation allowed FAA to make grants
for airport improvements until May 31, 1999 and provided $325
million more for AIP. This raised the amount available to $1.3
billion. More recently, legislation was enacted to extend the
program until August 6, 1999 and make more money available.
However, the amount available is still less than the $1.95
billion that would be available for AIP if the program were
fully authorized. This $1.95 billion represented the highest
funding level that AIP has ever received. However, it would
still not fully utilize the money that is available in the
aviation trust fund and collected in aviation taxes. Nor would
it come anywhere near to meeting our nation's airport
infrastructure needs as identified by GAO and others.
The Committee remains very concerned that users are paying
increasing levels of taxes into the Trust Fund but that
available money is not being used for the needed upgrades and
expansion of our airport and air traffic control
infrastructure.
The Need for Trust Fund Reform
During the past decade, aviation taxes have increased
dramatically. In 1990, airline passengers and other users of
the air transportation system paid $3.7 billion in taxes and
fees for their use of that system. By 1995, taxes had increased
to $5.5 billion. Now, in 1999, it is estimated that aviation
users will pay over $10 billion in aviation taxes and fees,
almost triple the amount that they paid at the beginning of the
decade and almost double what they paid just 4 years ago.
Taxes have increased both because of the increase in
passengers and aviation activity and because aviation tax rates
were dramatically increased in the Taxpayer Relief Act of 1997
(Public Law 105-34, 111 Stat. 929).
All the aviation taxes collected go into a trust fund that
was created in 1970. When this aviation trust fund was created,
it was supposed to pay for improvements in the aviation
infrastructure, such as airport improvements and the
modernization of air traffic control equipment.
While tax revenues have increased, spending has not
necessarily followed. Expenditures from the trust fund have
consistently been less than the revenues.
Last year, $7.7 billion in aviation tax revenue was
collected but only $5.7 billion was spent, and only $3.8
billion was spent on infrastructure (airports and air traffic
control). This year, $10.1 billion will be collected and $8.2
billion will be spent but only half of this on infrastructure
improvements.
The problem is that this trust fund is part of the unified
budget. As a result, it does not operate like a true trust
fund. Under current budget rules, there is no assurance that
tax revenues deposited in the trust fund will actually be spent
on aviation infrastructure needs. Arbitrary budget caps often
limit the amount that can be spent.
In fact, over time, aviation infrastructure needs have been
dramatically under-funded. And, on occasion, money has been
taken out of the aviation trust fund to meet general budget
needs.\4\ More often, the money is not spent in order to allow
increased spending under the budget caps for other programs
unrelated to aviation.
---------------------------------------------------------------------------
\4\ Section 502 of Public Law 102-581, 106 Stat. 4898, October 31,
1992.
---------------------------------------------------------------------------
As a result, by the end of this year, the Congressional
Budget Office (CBO) projects that the uncommitted balance in
the trust fund will be $6.5 billion and the cash balance will
be $12 billion. It would be even higher if not for the fact
that the taxes temporarily expired a few years ago.
In 10 years, if nothing is done, CBO projects that the
uncommitted balance will balloon to $61 billion and the cash
balance to $71.5 billion!
This is clearly unacceptable. If the government is not
going to spend the money, then it should not be collecting the
tax. The only thing worse than actually paying the taxes is not
getting the promised benefit from it.
Last year, the Committee confronted the same problem in
surface transportation. People who used the roads were paying
gas taxes into a trust fund with no assurance thatthe money
would be spent. That problem was fixed in the TEA-21 legislation
(Public Law 105-178) by creating budget ``firewalls'' to ensure that
all the gas tax money would be spent on road and transit improvements.
Now, the reported bill would do essentially the same thing
for aviation that was done for surface transportation last
year. It unlocks the trust fund to ensure that the money can be
spent to meet aviation infrastructure needs.
And the needs are clearly significant. Consider the
following:
The number of people flying has increased
significantly. In 1998, there were 643 million
passenger enplanements in the U.S. This is a 25%
increase from just 5 years ago. FAA estimates that
passenger enplanements will increase 43% in the next 10
years to 917 million by 2008 and approach 1 billion by
2010.\5\
---------------------------------------------------------------------------
\5\ Federal Aviation Administration, Aerospace Forecasts Fiscal
years 1999--2010, X-13 (March 1999) [Hereinafter cited as FAA
Forecasts]. These enplanements numbers actually understate the true
level of aviation activity since they do not include enplanements on
charter airlines (which totaled about 11 million in 1998) or those on
foreign airlines departing the U.S. (which totaled about 50 million).
---------------------------------------------------------------------------
Increased travel has strained our aviation system and
has increased delays. In 1997, FAA reported that 27
airports experienced over 20,000 hours of aircraft
delays. If infrastructure improvements are not made,
the number of airports experiencing such delays is
expected to increase to 31 by 2007.\6\
---------------------------------------------------------------------------
\6\ Federal Aviation Administration, 1998 Aviation Capacity
Enhancement Plan, 1-31 (December 1998) [Hereinafter cited as FAA
Capacity Enhancement Plan].
---------------------------------------------------------------------------
In 1997, delays caused by FAA's inability to handle
the air traffic increased 10% from the previous year.
Delays caused by problems with air traffic control
equipment increased 9%.\7\
---------------------------------------------------------------------------
\7\ Id, at 1-27.
---------------------------------------------------------------------------
Although aircraft technology continues to improve, the time
to fly between several major cities has increased over the past
10 years simply due to the increased traffic and the inability
of the current infrastructure to handle it. To account for
delays, airlines have increased scheduled flight times on
nearly 75% of the 200 highest-volume domestic routes.\8\
Nevertheless, in 1998, 23% of major air carrier flights were
delayed.\9\
---------------------------------------------------------------------------
\8\ Audit Report, Office of Inspector General, Department of
Transportation, ``Air Carrier Departure Data'', CE-1999-054, 8, ft 11,
February 5, 1999.
\9\ Department of Transportation, Air Travel Consumer Report, 5
(February 1999).
---------------------------------------------------------------------------
The Air Transport Association (ATA), which represents the
major air carriers, estimated that delay cost to the airlines
exceeded $2.4 billion in 1997.\10\ And this does not even
include the cost and inconvenience to passengers. American
Airlines has estimated that by 2014 it expects delays to
increase by a factor of three, bringing its hub and spoke
system to its knees!
---------------------------------------------------------------------------
\10\ FAA Capacity Enhancement Plan, Supra note 6, at 1-32.
---------------------------------------------------------------------------
ATA also estimates that the potential benefits from FAA's
Free Flight program (which would allow airlines more freedom to
choose their air routes and thereby increase efficiencies and
reduce delays) could save the industry $3.5 billion annually by
2015. If the Free Flight program is delayed due to funding
constraints, the benefits will be delayed as well.
Air traffic control inefficiencies are only part of the
problem.
Airports report, and the GAO agrees, that airport needs
equal $10 billion a year.\11\ Airport resources (bonds,
passenger facility charges, airport fees, and AIP grants) only
equal $7 billion a year.\12\ The result is a $3 billion annual
funding gap that needs to be closed. It has been reported that
one reason for growing delays is that of the 100 top U.S.
airports, 59 have proposed runway construction but such
projects often get held up for lack of money.\13\
---------------------------------------------------------------------------
\11\ U.S. General Accounting Office, ``Airport Development Needs
Estimating Future Costs'' (April 1997).
\12\ U.S. General Accounting Office, ``Airport Financing: Funding
Sources for Airport Development'' (March 1998) [Hereinafter cited as
GAO Airport Financing Report].
\13\ FAA Capacity Enhancement Plan, supra note 6, at 3-47 and
``Wall Street Journal,'' February 10, 1999.
---------------------------------------------------------------------------
The average cost of a new 10,000-foot commercial runway
ranges from $100 to $300 million. The cost of building new or
extending existing runways can change dramatically depending on
the surrounding landscape and the requirements for
environmental mitigation. The 12,000-foot runway at Salt Lake
City that opened in 1995 cost $120 million. In contrast, the
new 8,500 runway proposed for the Seattle Airport is estimated
to cost $587 million due to the need for significant amounts of
fill dirt. A proposed runway in San Francisco may cost more
than $2 billion.
New or longer runways can make the most dramatic impact on
airport capacity. The $342 million 8,500 foot runway that
opened at the Dallas/Fort Worth International Airport (DFW) in
1996 means that the airport has nearly equal capacity during
good and bad weather, thereby reducing delays at DFW and around
the nation.\14\
---------------------------------------------------------------------------
\14\ Id.
---------------------------------------------------------------------------
The international airports in Philadelphia, San Francisco,
St. Louis, and Seattle all have closely spaced parallel
runways, which means that capacity is cut in half during bad
weather. New runway construction is proposed for all four of
these airports.
FAA says that financing constraints and the need to study
and address environmental concerns can mean that new runways
and runway extensions may take more than 10 years from proposal
to completion.
According to a recent General Accounting Office (GAO)
report, assuming today's AIP funding levels, airports will need
$2.37 billion more simply to maintain current runways over the
next 10 years.\15\
---------------------------------------------------------------------------
\15\ U.S. General Accounting Office, ``Airfield Pavement: Keeping
Nation's Runways in Good Condition Could Require Substantially Higher
Spending'' 4 (July 1998).
---------------------------------------------------------------------------
It is not only the large airports that need infrastructure
investment. Indeed, although the funding shortfall tends to be
greater in dollar terms at the large airports, it is greater in
percentage terms at the smaller airports. According to GAO, the
gap between infrastructure funding needs and the airports'
financial ability to meet those needs is $1.5 billion and 29%
at large hub airports but $250 million and 44% at non-hub
airports. The gap balloons to $860 million and 53% at general
aviation airports.\16\
---------------------------------------------------------------------------
\16\ GAO Airport Financing Report, Supra Note 12.
---------------------------------------------------------------------------
The nation's 71 largest airports accounted for nearly 80%
of the $7 billion raised annually for airport infrastructure
needs. By contrast, the 3,233 smaller airports have
approximately $1.4 billion for infrastructure investment, half
of which is from AIP. Smaller airport needs are twice as great
as their funding sources.\17\
---------------------------------------------------------------------------
\17\ Id.
---------------------------------------------------------------------------
Smaller airports are often served by regional or commuter
airlines flying aircraft with 60 seats or fewer and by general
aviation or business aircraft. One of the roles of smaller
airports is to provide feeder service to large hubs served by
the major commercial air carriers.
In 1997, the regional/commuter traffic grew 3% from the
previous year--almost the same as that of larger commercial air
carriers. Business aircraft hours are also estimated to
increase. From 1996 to 1997, the number of hours flown by
turbine-powered jets (often used by businesses and at smaller
airports) increased 14.9%. FAA believes that business turbine-
powered aircraft hours will increase nearly 60% by 2010.\18\
---------------------------------------------------------------------------
\18\ FAA Forecasts, Supra Note 5, at pages V-18 to V-21.
---------------------------------------------------------------------------
However, investment is needed not only to ensure the more
efficient movement of cargo and passengers. It is also crucial
to safety.
The air traffic control system includes 32,500 facilities
and systems. Several of those facilities are over 20 years old.
The air traffic control equipment in the facilities controlling
high altitude flight are over 30 years old. FAA is in the
process of replacing or upgrading many of these expensive
systems.
The FAA is still using computers that are so old that they
are no longer used anywhere else in the world and replacement
parts are no longer manufactured. It has been reported that FAA
maintenance workers must ``search the streets'' to find parts
for jury-rigged repairs.\19\ When the old equipment breaks
down, flights must be delayed to avoid endangering passengers.
---------------------------------------------------------------------------
\19\ ``USA Today,'' January 29, 1999.
---------------------------------------------------------------------------
In 1998, the FAA experienced 101 significant system outages
(more than 10 minutes), where air traffic controllers lost some
or all of the primary systems that help them track aircraft
location and flight information. Forty-three of these outages
lasted longer than an hour, and one lasted 5 days.
GAO has stated that FAA will still need $17 billion from
1999 through fiscal 2004 to modernize the air traffic control
system.\20\ That is an average of $2.8 billion a year. FAA only
received $2.1 billion in 1999.
---------------------------------------------------------------------------
\20\ U.S. General Accounting Office, ``Air Traffic Control: Status
of FAA's Modernization Program,'' 2 (December 1998).
---------------------------------------------------------------------------
The FAA is trying to expand airport capacity and modernize
the air traffic control system. But this will take money, in
many cases, a great deal of money. That money is in the
aviation trust fund and could be used if it were not for the
current budget caps that are unrelated to the trust fund
revenue.
Just in the past decade, two separate Presidential
Commissions have warned of impending aviation gridlock and have
called for Trust Fund reforms. In 1993, the National Commission
to Ensure a Strong Competitive Airline Industry urged, at page
9, the ``removal of current [aviation] expenditures and
revenues from the federal budget.'' And, in 1997, the National
Civil Aviation Review Commission recommended, at page I-4, that
``the FAA's funding and financing system receive a federal
budget treatment ensuring that revenues from aviation users and
spending on aviation services are directly linked and shielded
from discretionary budget caps.''
The reported bill answers the call of these Presidential
Commissions and meets the aviation needs described above by
taking the aviation trust fund off budget and continuing the
current general fund payment. Once the trust fund is off
budget, the receipts and disbursements of the fund would no
longer be counted as new budget authority, outlays, receipts,
deficit or surplus for purposes of the President's Budget, the
congressional budget, or the Balanced Budget and Emergency
Deficit Control Act of 1985, nor would they be subject to any
general budget limitation imposed by statute. Expenditures from
the fund would still be made available through annual
appropriations. Funding levels for aviation operations, capital
and research programs would continue to be determined annually
in appropriations acts, up to the amount authorized for each
program. However, with the trust fund off-budget, the
appropriators would no longer have an incentive to underspend
aviation trust fund monies in order to overspend on non-
aviation programs. This budget treatment should ensure a closer
match between income to the trust fund and the spending from
that fund. In short, it will allow the trust fund to operate as
it was originally intended and as most people believe it
should.
The increased aviation spending in the reported bill would
not come at the expense of other Federal programs, nor would it
touch the Social Security surplus. The bill provides $14
billion in spending above historic baseline levels, with the
increases occurring entirely in fiscal years 2001 through 2004.
This increased spending would be paid for outside the budget
caps from the $14 billion in aviation taxes that, under
historic funding patterns, would be collected but not spent
during this time period, and would otherwise be used to finance
general tax cuts. It is wrong to use aviation taxes to finance
a general tax cut, as proposed in the concurrent resolution on
the budget for fiscal year 2000. The Committee believes that
these aviation taxes should be used for the
aviationimprovements in the reported bill which would reduce the
proposed $778 billion general tax cut to $764 billion.
This is an issue of basic tax fairness. If the House
decides not to spend the aviation taxes for aviation
improvements, then the aviation taxes should be reduced
accordingly. Under this scenario, aviation users, rather than
general taxpayers, should receive a tax cut.
Airport and Airway Improvements
Authorized funding levels.--As a result of taking the trust
fund off budget, the reported bill is able to fully fund the
various aviation programs and thereby ensure that the needs of
the system are met. The bill reauthorizes AIP, F&E, and FAA
operations for the remainder of this year and for the 5 years
thereafter, as follows:
$2.475 billion in FY 2000 for the Airport Improvement
Program increasing to $4 billion in FY 2001 when the
budgetary changes in reported bill take effect and
growing to $4.35 billion by FY 2004;
$2.5 billion in fiscal year 2001 for Facilities and
Equipment, increasing to $3 billion for each year
thereafter;
$6.45 billion for FAA operations in FY 2001,
increasing by 6.8% for each year thereafter.
General fund payment.--Under the reported bill, the funding
for AIP and F&E will continue to come entirely from the trust
fund and there will continue to be a general fund payment to
partially support FAA operations. That payment will continue to
be based on the formula in existing law with one modification.
The current law formula is designed to encourage full funding
of the capital programs. The formula limits the trust fund
share of FAA operations to half of the amount spent on the
capital programs or enough so that the trust fund supports
72.5% of the FAA's total budget, whichever is less. The amount
not paid for by the trust fund is covered by the general fund
payment.
As a result of this formula, the FAA has historically
received about 39% of its budget from the U.S. Treasury's
general fund. Over the last 5 years, 32% of the FAA's budget
was funded with general fund monies.
To ensure that any future growth in aviation spending comes
from the trust fund, the reported bill caps the general fund
payment at the amount that was appropriated in 1998, the last
year that the above described formula was in effect. In that
year, the payment was $3.351 billion.
The Airport and Airway Trust Fund was originally
established as a means for supporting aviation capital needs.
The intent was that, if there was money left over after the
capital needs were met, it could be used to help pay for FAA
operating expenses.
In its first few years, the trust fund was often
exclusively used for the capital programs. The FAA's operating
budget was supported entirely by the general fund. Over time,
the principal that the trust fund would be used exclusively for
capital has been eroded. In recent years, more money from the
trust fund has been used to pay FAA salaries and expenses.
However, the law has always limited the amount of trust fund
monies that could be used for that purpose, 49 U.S.C. 48104(c).
The difference was made up by the general fund payment which,
as noted above, has usually been somewhat more than 30% of the
FAA capital and operating budget.
The Committee continues to believe that a general fund
payment is necessary and appropriate. The general fund payment
is justified by the variety of services the agency provides
including, aviation safety and security, the costs of the
military's use of the air traffic system, and the aviation
benefits provided to the society as a whole.
Aviation plays a central role in providing for the general
health and safety of our communities. These services include
agricultural application, cattle management, air ambulance
services, medical evacuation, oil and gas pipeline patrol,
airborne law enforcement, environmental analysis, topographical
surveys, and news and traffic reporting. These services have
widespread public benefits to our society. The aviation
industry has contributed to the general fund in the past
through fuel taxes and continues to contribute through its
payment of personal and corporate income taxes.
Both Presidential Commissions mentioned above called for a
continued general fund contribution. The 1993 Commission
recommended, at page 16, that the general fund payment be 30%
``in recognition of the overpayment by airline users, and the
public benefits of aviation.'' The National Civil Aviation
Review Commission stated that ``the cost of safety regulation
and certification should be borne by a general fund
contribution as these activities are consistent with the
government's traditional role of providing for the general
welfare of the citizens and are clearly in the broad public
interest.''
The general fund is necessary to support aviation security
because terrorist attacks against aviation are actually
targeted at our nation, not an airline. As concluded by the
White House Commission on Aviation Safety and Security ``* * *
terrorist attacks on civil aviation are directed at the United
States, and that there should be an ongoing federal commitment
to reducing the threats that they pose.''
Military aircraft and government aircraft use the aviation
system; however, they do not pay taxes. The general fund
payment represents their payment in lieu of taxes. The FAA also
plays an active role in national air defense by jointly
monitoring U.S. airspace with the Defense Department for signs
of hostility.
Given the important contributions that a safe and efficient
air transportation system makes to our nation and its economy,
it seems only fair that the general taxpayer bear some of the
regulatory costs.
Passenger Facility Charge (PFC).--The PFC program was
created in 1990 to supplement AIP funding. The Committee
continues to believe that this program should play an important
role. Accordingly, the reported bill gives new flexibility to
local communities to levy PFCs above the current $3 cap.
Even at the higher funding levels in this bill, there will
be airports, particularly large ones, that will be unable to
fund projects with AIP dollars alone. Many of these projects
could make a significant contribution to safety, security,
increased competition, reduced congestion, and reduced noise.
With the higher PFC in the reported bill, those projects will
now be able to move forward.
The Committee does remain concerned, however, that PFCs are
not always used for the highest priority projects. According to
the FAA, in 1996, the $1.1 billion in PFC funds were
authorized, as follows:
35% for airside projects such as runways, taxi-ways
and safety related projects;
30% for landside projects, primarily terminal
buildings;
17% to pay interest on bonds;
11% for noise abatement projects; and
6% for roads.
To ensure that the higher PFC is used for important airside
projects in the first instance, the reported bill directs the
FAA not to approve PFC applications for road, transit, or
terminal projects unless it finds that the airport is taking
care of the airside needs of the airport.
These additional restrictions, applicable only to proposed
PFCs for more than $3, mean that FAA will have more
responsibility to fully review an application for a higher PFC
than it does for the existing $3 PFC where approval tends to be
almost automatic.
Those medium and large hub airports that are approved for
the higher PFC would have to give up 75% of their entitlement.
This PFC turn-back would continue to go into the small airport
fund. This 75% is more than the 50% turn-back that will still
be required of those medium or large hub airports that charge a
PFC of $3 or less.
Specific authorizations.--The Committee encourages FAA to
review the costs and benefits of investing in innovative
technologies for airport use. This should include, but is not
limited to, using adjustable lighting extensions during and
after airport facility construction and anti-skid material and
reflector strips for airport uses. These and similar low-cost
products and technologies could be very cost-beneficial for
airports.
The reported bill also includes specific authorizations for
universal access security systems at airports, wildlife hazard
mitigation measures, an office dedicated to infrastructure
development for both general and helicopter aviation, and the
development of air traffic control infrastructure for the new
tilt-rotor aircraft. Specific authorizations are included for
these items to demonstrate the Committee's interest in these
issues. They are discussed further below.
Universal access systems (UAS).--Two million dollars was
appropriated in 1993 for the development of a Universal Access
System ``to cover the initial costs for implementing a
standardized [airport access control] computer-based system.''
The impetus for this expenditure came as a result of increased
security requirements and problems associated with
implementation of airport automated access control under 14 CFR
Part 107.14. One of these problems, identified in a 1995 GAO
report, is that of ensuring that future access control system
installations are standardized to realize greater efficiency.
FAA initially estimated that access control system costs would
total $211 million from 1989-1998. The industry, utilizing AIP
and other funds, actually spent about $654 million, more than
three times the FAA's estimate.
Another problem pertains to transient airline employees,
such as flight crews, who are not issued access control cards
at each airport to which they travel, thereby necessitating
that they either go through screening or utilize other methods
of reaching secured areas to which they have authorization.
A joint industry task force was created under the guidance
of the Aviation Security Advisory Committee (ASAC) to develop
and test a UAS prototype at three airports with three
participant air carriers. The test was successfully conducted
in 1996. UAS technical documents have been approved by the FAA,
which is publishing them for use by the aviation industry.
To create the standardized access control system that is
needed, the reported bill authorizes $8 million for the
purchase, set up, operation and maintenance costs associated
with the UAS Central Data Base, plus installation of the
necessary equipment at large airports. This would include UAS
portals for employees at each airport, performance of necessary
engineering work and providing software upgrades.
Wildlife hazard mitigation.--Since 1995, 74 people have
been killed in collisions worldwide between aircraft and birds
and four larger aircraft have been destroyed. One of these
accidents resulted from a USAF AWACs E-3 (modified B707)
striking a flock of geese in Elmendorf Air Force Base in Alaska
in September 1995, which resulted in the loss of 24 lives. By
the FAA's estimate, over $250 million a year is lost to U.S.
aviation due to conflicts with wildlife.
Resident/non-migratory goose populations tripled from 1985-
1995. Goose collisions with aircraft have doubled since 1990.
From 1992-1996, commercial aviation accounted for 75% of the
1,727 strikes. Experts have determined that there is a 25%
chance of a hull loss by the year 2006 due to a bird strike.
The FAA's regulations require certificated airports to
conduct ecological studies when air carriers experience
multiple bird strikes, have damaging collisions with wildlife,
or observe wildlife in size or numbers that could cause
collisions. When such an eventoccurs, the FAA requires action
but does not have ample wildlife management staff expertise to assist
the airports. Therefore, FAA often refers airports to the U.S.
Department of Agriculture's Wildlife Services biologists who have the
expertise, but are not funded, to provide these services. USDA has
developed wildlife hazard evaluations and management plans, and
implemented these plans for some airports with the costs being fully
reimbursed by the airports. As a result, wildlife-aircraft strikes have
been reduced significantly at specific locations. For example, at John
F. Kennedy International Airport, bird and deer strikes have been
reduced by 70 and 100 percent, respectively. However, many airports
have ongoing wildlife problems that have not been addressed in such a
proactive manner.
To address this problem, the reported bill authorizes
$450,000 for wildlife hazard mitigation measures and management
of the wildlife strike data base.
Helicopters and tilt-rotor.--Emergency Medical Service
(EMS) helicopters are responsible for saving thousands of lives
annually by transporting patients to trauma centers for
emergency care. It is often imperative that the patient arrive
within one hour to provide a high probability of survival. In
good weather conditions, this is usually not a problem. The
difficulty arises when the weather is poor. Due to the absence
of adequate IFR helicopter infrastructure to and from trauma
centers, patient transport must be to airports with subsequent
ground transport. This process often exceeds an hour, thereby
reducing the chances of patient survival. Therefore the
Committee urges the FAA to look into establishing a prototype
helicopter infrastructure to support all-weather EMS for trauma
patients including the use of current technologies such as the
Global Positioning System (GPS). The FAA should also consider
using private companies that are capable of developing the
approach plates.
The FAA has begun the process of revising its policies and
procedures to make effective use of the capabilities of
rotorcraft. The Committee is hopeful that the Air Traffic
Control (ATC) System will in the future be able to provide
dispatch reliability, or instrument flight rules (IFR)
capability, for both helicopters and the newest rotorcraft
technology--tiltrotor aircraft.
The military tiltrotor, the V-22 Osprey, is now in
production, and the first civil tiltrotor, the BB609, is in
development. Both the V-22 and the BB609 will be in service
soon and other tiltrotor variants will follow. Given the
growing importance of rotorcraft in the U.S. air transport
system, the Committee recommends that the FAA proceed with
much-needed procedural and infrastructure improvements in a
timely fashion and allocate the financial, administrative, and
personnel resources necessary to implement and oversee these
actions. These improvements could lead to increases in
capacity, especially in short-haul markets in congested areas
such as the northeast U.S.
Runway incursions.--Runway incursions have increased during
the last few years. Therefore, the reported bill specifically
makes runway incursion prevention devices eligible for AIP
funding.
At a previous hearing, the Aviation Subcommittee became
concerned that FAA's efforts to install sophisticated runway
incursion prevention devices could experience delays.\21\ This
was happening at the same time that the number of runway
incursions was increasing. Yet relatively low-tech, inexpensive
devices were discussed at that hearing that have been deployed
successfully and could be used to help address this problem.
The Committee urges the FAA to use the eligibility provided
here to fund these devices at airports that will not receive
Airport Surface Detection Equipment (ASDE) or the Airport
Movement Area Safety System (AMASS) or to supplement those
systems at the airports that will receive them.
---------------------------------------------------------------------------
\21\ ``The Increasing number of Mishaps on our Nation's Runways'':
Hearings Before the Subcommittee on Aviation of the House Committee on
Transportation and Infrastructure, 105-47, 105th Congress, 1st Session
(November 13, 1997).
---------------------------------------------------------------------------
The reported bill (section 121) encourages FAA, in
allocating discretionary grants, to give higher priority to
installation of integrated in-pavement lighting systems and
other runway and taxiway incursion prevention devices. Section
121(a) makes it a national policy to address the risk of runway
incursions. Section 121(b) lists integrated in-pavement
lighting systems, and other runway and taxiway incursion
prevention devices, among the types of safety devices of which
airports are encouraged to make maximum use.
In addition, FAA is directed to classify proposals for the
installation of integrated (``smart'') in-pavement lighting
systems for runways and taxiways, and other runway and taxiway
incursion prevention devices using components meeting FAA
specifications, as Safety/Security for determining ``Purpose
Points'' and as Runway/Taxiway signs for determining ``Type
Points'' in the general provisions formula published in 62 Fed.
Reg. 45007-45010 (August 25, 1997).
AIP formula.--In order to utilize the higher funding levels
in the reported bill and meet the needs of all airports, both
large and small, the following changes to the AIP distribution
formula are made by the reported bill--
A tripling of the entitlement for primary airports
beginning in FY 2001;
A tripling of the minimum entitlement for small
airports to $1.5 million per year beginning in FY 2001;
A tripling of the supplemental funding for Alaska
beginning in FY 2001;
Removal of the $22 million cap on annual entitlements
for large airports beginning in FY 2001;
An increase in the cargo entitlement from 2.5% to 3%;
An increase in the State/general aviation airport
entitlement from 18.5% to 20% beginning in FY 2001;
A new entitlement for general aviation airports
(beginning in FY 2001) that is based on the needs of
those airports as set forth in the FAA's National Plan
of Integrated Airport Systems \22\ (This will total
about $345 million per year);
---------------------------------------------------------------------------
\22\ Federal Aviation Administration, National Plan of Integrated
Airport Systems (NPIAS) (1998-2002), (March 1999).
---------------------------------------------------------------------------
An increase in the noise set-aside from 31% of the
discretionary fund to 34% of that fund;
An elimination of both the floor and the cap on the
discretionary fund, except that letters of intent are
protected; and
The cap on the number of airports that can be
included in the military airport program is increased,
beginning in 2001, from 12 to 20, three of which must
be a general aviation airport.
Small airport fund.--The higher funding levels in the bill,
the tripling of primary airport entitlement, and the increase
in the PFC turn-back from large airports charging the higher
PFC will result in a dramatic increase in the small airport
fund. This is the fund created when large airports charging a
PFC are required to turn back some of their entitlement.
However, the Committee has become concerned that many small
airports seem to believe that money in the small airport fund
is not being distributed to them as intended. The FAA insists
that grants are being made to small airports from this fund in
accordance with the law. To help resolve this discrepancy, the
reported bill requires FAA to notify the recipient of a grant
of the source of that grant when the source is the small
airport fund.
The reported bill (section 128) sets aside some money from
the small airport fund to help non-hub airports meet the
requirements of the new certification rules that will be
imposed on them. Another section of the reported bill (section
506) establishes a deadline for the FAA to issue those
requirements. The purpose of section 128 is to fund what would
otherwise be the unfunded mandate in section 506.
The following spreadsheets show how the AIP money will be
distributed among the various entitlements and set asides with
the changes described above to the AIP distribution formula.
Est. AIP Funding for Fiscal Year 2000................... $2,475,000,000
========================================================
____________________________________________________
Appropriation Limitation:
Primary Airports.................................... 530,447,948
Cargo (3%).......................................... 74,250,000
Alaska Supplemental................................. 10,672,557
States (18.5%)...................................... 457,875,000
Carryover Entitlement............................... 94,818,379
--------------------------------------------------------
____________________________________________________
Subtotal Entitlements............................. 1,168,063,884
========================================================
____________________________________________________
Small Airport Fund:
Non Hub Airports.................................... 83,155,004
Non Commercial Svc.................................. 41,577,502
Small Hubs.......................................... 20,788,751
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 145,521,257
========================================================
____________________________________________________
Subtotal Non Discretionary........................ 1,313,585,141
========================================================
____________________________________________________
Noise (34% of disc)..................................... 394,881,052
MAP (4% of Disc)........................................ 46,456,594
--------------------------------------------------------
____________________________________________________
Subtotal Disc Set-asides.......................... 441,337,646
========================================================
____________________________________________________
C/S/S/N................................................. 540,057,909
Remaining Discretionary................................. 180,019,303
--------------------------------------------------------
____________________________________________________
Subtotal Other Discretionary...................... 720,077,213
========================================================
____________________________________________________
Subtotal Discretionary............................ 1,161,414,859
========================================================
____________________________________________________
Grand Total....................................... 2,475,000,000
Notes.--Funding level increased to $2.475 billion; Cargo Increased to
3%; Noise Increased to 34%.
Est. AIP Funding for Fiscal Year 2000................... $4,000,000,000
========================================================
____________________________________________________
Appropriation Limitation:
Primary Airports.................................... 1,591,343,845
Cargo (3%).......................................... 120,000,000
Alaska Supplemental................................. 32,017,671
States (20%)........................................ 800,000,000
Carryover Entitlement............................... 94,818,379
--------------------------------------------------------
____________________________________________________
Subtotal Entitlements............................. 2,638,179,895
========================================================
____________________________________________________
Small Airport Fund:
Non Hub Airports.................................... 249,465,011
Non Commercial Svc.................................. 124,732,506
Small Hubs.......................................... 62,366,253
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 436,563,770
========================================================
____________________________________________________
Subtotal Non Discretionary........................ 3,074,743,665
========================================================
____________________________________________________
Noise (34% of disc)..................................... 314,587,154
MAP (4% of Disc)........................................ 37,010,253
--------------------------------------------------------
____________________________________________________
Subtotal Disc Set-asides.......................... 351,597,407
========================================================
____________________________________________________
C/S/S/N................................................. 430,244,196
Remaining Discretionary................................. 143,414,732
--------------------------------------------------------
____________________________________________________
Subtotal Other Discretionary...................... 573,658,928
========================================================
____________________________________________________
Subtotal Discretionary............................ 925,256,335
========================================================
____________________________________________________
Grand Total....................................... 4,000,000,000
Notes.--Funding level increased to $4 billion; Passenger entitlements
and Alaska Supplemental Tripled; Cargo Increased to 3%; State
apportionment increased to 20%; Noise Increased to 34%.
Est. AIP Funding for Fiscal Year 2000................... $4,100,000,000
========================================================
____________________________________________________
Appropriation Limitation:
Primary Airports.................................... 1,591,343,845
Cargo (3%).......................................... 123,000,000
Alaska Supplemental................................. 32,017,671
States (20%)........................................ 820,000,000
Carryover Entitlements.............................. 94,818,379
--------------------------------------------------------
____________________________________________________
Subtotal Entitlements............................. 2,661,179,895
========================================================
____________________________________________________
Small Airport Fund:
Non Hub Airports.................................... 249,465,011
Non Commercial Svc.................................. 124,732,506
Small Hubs.......................................... 62,366,253
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 436,563,770
========================================================
____________________________________________________
Subtotal Non Discretionary........................ 3,097,743,665
========================================================
____________________________________________________
Noise (34% of disc)..................................... 340,767,154
MAP (4% of Disc)........................................ 40,090,253
--------------------------------------------------------
____________________________________________________
Subtotal Disc Set-asides.......................... 380,857,407
========================================================
____________________________________________________
C/S/S/N................................................. 466,049,196
Remaining Discretionary................................. 155,349,732
--------------------------------------------------------
____________________________________________________
Subtotal Other Discretionary...................... 621,398,928
========================================================
____________________________________________________
Subtotal Discretionary............................ 1,002,256,335
========================================================
____________________________________________________
Grand Total....................................... 4,100,000,000
Notes.--Funding level increased to $4.1 billion; Passenger entitlements
and Alaska Supplemental Tripled; Cargo Increased to 3%; State
apportionment increased to 20%; Noise Increased to 34%.
Est. AIP Funding for Fiscal Year 2000................... $4,250,000,000
========================================================
____________________________________________________
Appropriation Limitation:
Primary Airports.................................... 1,591,343,845
Cargo (3%).......................................... 127,500,000
Alaska Supplemental................................. 32,017,671
States (20%)........................................ 850,000,000
Carryover Entitlement............................... 94,818,379
--------------------------------------------------------
____________________________________________________
Subtotal Entitlements............................. 2,695,679,895
========================================================
____________________________________________________
Small Airport Fund:
Non Hub Airports.................................... 249,465,011
Non Commercial Svc.................................. 124,732,506
Small Hubs.......................................... 62,366,253
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 436,563,770
========================================================
____________________________________________________
Subtotal Non Discretionary........................ 3,132,253,665
========================================================
____________________________________________________
Noise (34% of disc)..................................... 380,037,154
MAP (4% of Disc)........................................ 44,710,253
--------------------------------------------------------
____________________________________________________
Subtotal Disc Set-asides.......................... 424,747,407
========================================================
____________________________________________________
C/S/S/N................................................. 519,756,696
Remaining Discretionary................................. 173,252,232
--------------------------------------------------------
____________________________________________________
Subtotal Other Discretionary...................... 693,008,928
========================================================
____________________________________________________
Subtotal Discretionary............................ 1,117,756,335
========================================================
____________________________________________________
Grand Total....................................... 4,250,000,000
Notes.--Funding level increased to $4.25 billion; Passenger entitlements
and Alaska Supplemental Tripled; Cargo Increased to 3%; State
apportionment increased to 20%; Noise Increased to 34%.
Est. AIP Funding for Fiscal Year 2000................... $4,350,000,000
========================================================
____________________________________________________
Appropriation Limitation:
Primary Airports.................................... 1,591,343,845
Cargo (3%).......................................... 130,500,000
Alaska Supplemental................................. 32,017,671
States (20%)........................................ 870,000,000
Carryover Entitlement............................... 94,818,379
--------------------------------------------------------
____________________________________________________
Subtotal Entitlements............................. 2,718,679,895
========================================================
____________________________________________________
Small Airport Fund:
Non Hub Airports.................................... 249,465,011
Non Commercial Svc.................................. 124,732,506
Small Hubs.......................................... 62,366,253
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 436,563,770
========================================================
____________________________________________________
Subtotal Non Discretionary........................ 3,155,243,665
========================================================
____________________________________________________
Noise (34% of disc)..................................... 406,217,154
MAP (4% of Disc)........................................ 47,790,253
--------------------------------------------------------
____________________________________________________
Subtotal Disc Set-asides.......................... 454,007,407
========================================================
____________________________________________________
C/S/S/N................................................. 555,561,696
Remaining Discretionary................................. 185,187,232
--------------------------------------------------------
____________________________________________________
Subtotal Other Discretionary...................... 740,748,928
========================================================
____________________________________________________
Subtotal Discretionary............................ 1,194,756,335
========================================================
____________________________________________________
Grand Total....................................... 4,350,000,000
Notes.--Funding level increased to $4.35 billion; Passenger entitlements
and Alaska Supplemental Tripled; Cargo Increased to 3%; State
apportionment increased to 20%; Noise Increased to 34%.
PFC eligibility.--When the PFC program was created,\23\ one
of the purposes was to build facilities, including gates, to
help enhance competition at airports. However, in many cases,
additional gates cannot be built unless related areas are built
as well. Current section 40117(a)(3)(E) recognizes this by
making the construction of ``gates and related areas'' eligible
for funding with PFCs. However, the term ``related areas'' is
not well defined. Section 151 of the reported bill addresses
this problem by making clear that ``related areas'' includes
the underlying structure of the building, but not the tenant
finish-out.
---------------------------------------------------------------------------
\23\ Section 9110 of the Omnibus Budget Reconciliation Act of 1990,
Public Law 101-508, 104 Stat. 1388-357 (November 5, 1990); House Report
101-581 at p. 15.
---------------------------------------------------------------------------
This section also permits ``aircraft fueling facilities
adjacent to an airport terminal building'' to be built with PFC
funds. This provides flexibility for airports in determining
what type of fueling facility/line/hydrant is used but does not
make the construction of fuel farms eligible.
Management Reform
The reported bill provides substantially more money for all
FAA accounts including the Facilities & Equipment account,
which pays for the air traffic control modernization program.
This program has been criticized for cost overruns and delays.
While the Committee believes that more funding is justified,
management of FAA acquisition must be improved.
Oversight Board.--The Committee does not want to simply
provide more money to the FAA given the agency's past inability
to adequately manage its funds. Therefore, Title III of the
reported bill contains a number of reforms to improve the
performance of the FAA, especially with regard to the
performance of the air traffic control system.
Section 301 creates an Air Traffic Control Oversight Board
(Board) to oversee the FAA in its administration, management,
conduct, direction, and supervision of the air traffic control
system. The Board's oversight would include both the personnel
and equipment necessary for the operation of the air traffic
control system. This would include the air traffic services,
the research and acquisitions lines of business, as well as the
appropriate personnel in the regulation and certification line
of business. Specifically, the Board will ensure that FAA meets
the mission and objectives of its strategic plan; improves its
ability to manage and accelerate air traffic control capacity
and safety equipment purchase and installation; holds its
managers more accountable for performance while providing more
opportunities for training and education programs; and
increases the efficiency and cost-effectiveness of air traffic
control system operations.
The Board will be composed of nine members. Six members
will be appointed by the President and confirmed by the Senate
and have expertise in customer service, management of large
procurements, and other disciplines. At least one Board member
should have a background in managing large organizations
successfully. In addition, the head of one of the air traffic
control employees' unions would be appointed by the President
and confirmed by the Senate to sit on the Board. The Committee
feels strongly about this provision because it will help ensure
that FAA involves its employees more proactively in the
acquisitions process as well as guaranteeing more employee
accountability for specific procurement decisions. The final
two members of the Board would be the Secretary of
Transportation and the FAA Administrator.
The Committee believes bringing this collective experience
and expertise to bear will help improve FAA's management of
large procurements and the efficiency of its operations. To
further these goals, a position of chief operating officer will
be created to implement the policies of the Board and meet the
performance goals established by the Administrator and the
Board.
The Board created by section 301 is similar in structure to
one established last Congress for oversight of the Internal
Revenue Service.\24\ It is also consistent with the
recommendations of the National Civil Aviation Review
Commission which believed that an oversight board would help
provide stability, continuity of leadership, and better
business-like management to the FAA.
---------------------------------------------------------------------------
\24\ Public Law 105-206, 112 Stat. 691, July 22, 1998.
---------------------------------------------------------------------------
The Board will be responsible for reviewing and approving
that portion of the FAA's budget that relates to the air
traffic control system. To ensure more effective congressional
oversight, the reported bill requires the President to submit
the Board-approved budget to Congress together with the
President's annual budget request for the FAA. The annual
budget request would include the Administration's request for
the air traffic control portion of the FAA. This may differ
from the Board-approved budget for air traffic control. By
receiving both, Congress will be in a better position to
evaluate the financial needs of the air traffic control system.
The Committee continues to be frustrated by the failure of
the Administration to nominate the Management Advisory Council
(MAC) members. The Oversight Board serves a different purpose
than the MAC, which was created to provide more industry input
into agency decision-making. The Committee expects the
Administration to move forward expeditiously with the MAC
nominations.
Cost accounting study.--The reported bill also mandates a
cost accounting study to ensure (1) that the costs of operating
the FAA are reasonable and (2) that these costs have been
accurately measured and fairly attributed to FAA's services and
users.
The Committee recognizes that the FAA has lacked the
internal cost data necessary both to improve its efficiency and
to assign costs accurately to services and/or users. Moreover,
because the FAA has a monopoly on the provision of air traffic
control and safety regulatory services--services whose
consumption is also mandated by law--it is not generally
possible for users to reduce their consumption of the services
provided by the FAA. As a result, the FAA lacks many of the
normal market incentives to operate efficiently. Under these
circumstances, the Committee believes that the availability
ofaccurate and reliable cost and performance data will make it far
easier to identify and fix the FAA's funding, management and
operational problems.
Section 307 of the reported bill calls for the completion
of independent assessments to test, validate, and thus help
assure the Congress, the Administrator, and the users that the
FAA's costs are comprehensively captured, accurately measured
and fairly attributed to specific services and, ultimately, to
specific users. In addition, the legislation calls for an
independent comparison of FAA costs against certain internal
and external benchmarks in order to help the Congress, the
Administrator, and users identify those areas where FAA's
efficiency and cost effectiveness could be improved.
Air Service and Competition
The Airline Deregulation Act was enacted just over 20 years
ago.\25\ This legislation phased out 40 years of government
regulation, permitting airlines to fly where passenger demand
dictated and charge fares that could be justified under free
market conditions.
---------------------------------------------------------------------------
\25\ Public Law 95-504, 92 Stat. 1705, October 24, 1978
---------------------------------------------------------------------------
As a result of this legislation, passengers have enjoyed
enormous benefits. Three hundred sixty-four million more
passengers fly each year now than flew when the airlines were
regulated.\26\ The number of scheduled departures has increased
by 50% at smaller airports and 68% at larger ones.\27\ In
addition, a review of annual reports from the National
Transportation Safety Board shows that the fatal accident rate
for airlines has decreased even as the number of flights has
increased.
---------------------------------------------------------------------------
\26\ FAA Forecasts, Supra Note 4, at page A-3.
\27\ U.S. General Accounting Office, ``Airline Deregulation:
Changes in Airfares, Service, and Safety at Small, Medium-Sized, and
Large Communities'' 6 (April 1996).
---------------------------------------------------------------------------
Most dramatic has been the effect on airfares. Depending on
the source, airfares have dropped 28%,\28\ 33%,\29\ or 40% \30\
as a result of the free market forces unleashed by airline
deregulation. This has provided savings to passengers of
between $6 billion \31\ and $19 billion \32\ annually. Indeed,
airline discounts have become such a prevalent part of the
American cultural landscape that it is now commonly accepted
that it may be cheaper to fly half way across the country than
to go down the street to a nice restaurant.\33\
---------------------------------------------------------------------------
\28\ ``Market-Based Solutions for Air Service problems at Medium-
Sized Communities'': Hearings before the Subcommittee on Aviation of
the House Committee on Transportation and Infrastructure, 105-30, 105th
Congress, 1st Session, (June 25, 1997) 129 [Hereinafter cited as ``Air
Service Hearing''].
\29\ ``Impact of Recent Alliances, International Agreements, DOT
Actions, and Pending Legislation on Air Fares, Air Service, and
Competition in the Airline Industry'': Hearings Before the Subcommittee
on Aviation of the House Committee on Transportation and
Infrastructure, 105th Congress, 2nd Session (April 1998) (Statement of
Nancy E. McFadden, General Counsel, U.S. Department of Transportation)
[hereinafter cited as ``Competition Hearing''].
\30\ Thierer, ``20th Anniversary of Airline Deregulation: Cause of
Celebration, Not Re-Regulation,'' The Heritage Foundation Backgrounder
6 (April 22, 1998).
\31\ Air Service Hearing, Supra Note 28, at 22.
\32\ Thierer, Supra Note 30, at 7.
\33\ J. Berendt, ``Midnight in the Garden of Good and Evil,'' at 25
(1994).
---------------------------------------------------------------------------
Unfortunately, although the benefits of the Deregulation
Act are widespread, they are not universal. Some airports,
particularly those serving small and medium-sized communities
in the East and upper Midwest, have experienced higher fares
and diminished service since deregulation.\34\ It has been said
that deregulation has benefited 70% to 75% of the country and
that the question is how to address the needs of the other 25%
to 30% without ruining it for the majority of air
travelers.\35\
---------------------------------------------------------------------------
\34\ Air Service Hearing, Supra Note 28, at 61 (Statement of the
U.S. General Accounting Office).
\35\ Id, at 34.
---------------------------------------------------------------------------
In February 1997, Chattanooga, Tennessee hosted the
National Air Service Roundtable and in February 1998, Jackson
Mississippi hosted a similar conference. Representatives from
airports across the country, airlines, corporations, government
officials, and others gathered to consider market-based
solutions to local air service problems.
A key conclusion of these conferences was that greater
Federal, regional, State, and local efforts were needed to
promote economic growth and attract both established and new
airlines to serve medium-sized markets in the East, Southeast,
and Upper Midwest.
The Aviation Subcommittee held a hearing on June 25, 1997,
which examined market-based solutions to air service problems
experienced by some medium-sized and smaller communities across
the nation. At that hearing, the Subcommittee heard from a
number of witnesses, including representatives from airports
and communities that have experienced higher fares and limited
air service since the 1978 deregulation of the airline
industry.
As a result of these conferences and hearings, the
Committee approved a bill (H.R. 2748), introduced by
Subcommittee Chairman Duncan last year (H. Rept. 105-822). The
legislation attempted to address some of the air service
problems experienced by medium-sized and smaller communities
without undermining the benefits most people have realized from
airline deregulation. Title II of the reported bill builds on
this earlier effort and makes similar changes to enhance air
service, increase competition, and take advantage of the
improved infrastructure that Title I of this legislation will
provide.
Slots.--One barrier to improved service that has often been
cited \36\ is the High Density Rule (HDR).\37\
---------------------------------------------------------------------------
\36\ Id, at 62 and 132.
\37\ 14 CFR Part 93, Subpart K.
---------------------------------------------------------------------------
At almost all airports in the U.S., there is no limit on
the number of flights an airline can offer. However, there are
four airports (O'Hare in Chicago, LaGuardia and Kennedy in New
York, and Reagan National near Washington, D.C.) at which
flights are limited by the HDR. The HDR was adopted in 1969 as
a ``temporary'' measure to reducecongestion and delays. At the
four airports covered by it, an aircraft must have a slot \38\ in order
to take-off or land.
---------------------------------------------------------------------------
\38\ A slot is a reservation for an aircraft to take-off or land at
the airport.
---------------------------------------------------------------------------
Although deregulation increased demand for access to these
airports, many carriers have been unable to establish new
service because of the lack of slot availability. Access has
been especially limited for new entrants and passengers from
the smaller airports.
The 1993 Presidential Commission recommended a series of
actions to strengthen the financial health and competitiveness
of the U.S. airline industry. Among its recommendations, the
panel urged the FAA to ``review the rule that limits operations
at `high density' airports with the aim of either removing
these artificial limits or raising them to the highest
practicable level consistent with safety requirements.'' \39\
---------------------------------------------------------------------------
\39\ ``The National Commission to Ensure a Strong Competitive
Airline Industry'', Change Challenge and Competition 9 (1993).
---------------------------------------------------------------------------
A slot exemption provision was enacted in 1994 to allow
some new air service at O'Hare, La Guardia, and Kennedy. \40\
This provision allowed new service in three situations.
Exemptions could be granted for essential air service to the
smallest communities, for international air service authorized
by bilateral air service agreements, and for service by new
entrant airlines in cases where the Department of
Transportation (DOT) ``finds it to be in the public interest
and the circumstances to be exceptional.'' DOT has granted some
exemptions under this provision.
---------------------------------------------------------------------------
\40\ Public Law 103-305, 108 Stat. 1584, 49 U.S.C. 41714 (August
23, 1994).
---------------------------------------------------------------------------
Since 1994, the demand for slots has grown. Expanding the
current exemptions or adding new exemptions no longer seems to
be the best approach. Some communities and carriers inevitably
get left out. Others try to ``game'' the system to their own
advantage at the expense of others.
Moreover, the high-density rule no longer serves its
intended purpose of reducing delays and congestion. Instead,
the rule places an artificial limitation on operations at these
airports which, in effect, harms the traveling public by
reducing competition. In fact, according to the GAO, a few
major air carriers have significantly increased their slot
holdings at these airports while the share held by new entrant,
low-fare carriers remains low. As a result, airfares at slot-
controlled airports continue to be consistently higher than at
airports of comparable size without constraints. \41\ There are
allegations that carriers hoard slots to prevent new airlines
from entering HDR airports.
---------------------------------------------------------------------------
\41\ U.S. General Accounting Office, ``Airline Deregulation:
Changes in Airfares, Service Quality, and Barriers to Entry'' 3 (March
1999)
---------------------------------------------------------------------------
By eliminating the HDR immediately at Chicago's O'Hare and
New York's LaGuardia and Kennedy Airports, the reported bill
levels the playing field. All airlines, big or small, new or
old, will now be able to serve these three airports. In
addition, airlines will be more inclined to serve small
communities from these airports since they will not have to
worry about using their precious few slots on the most
profitable routes. Without the HDR, O'Hare, LaGuardia, and
Kennedy will be able to operate like every other unconstrained
airport in the country.
It is important to note that lifting the HDR, which was not
implemented for safety reasons, will not affect air safety. In
fact, on February 11, 1999, FAA Administrator Jane Garvey
testified before the House Subcommittee on Aviation that
``there are no safety reasons'' for the high-density rule.
The FAA has air traffic control procedures in place to
provide for safety. For example, the FAA's central flow control
system regulates air traffic based on the capacity of runways
and airports and it is implemented independently of the HDR
limits. The FAA would never intentionally allow more planes in
the air than the system could adequately handle. It is air
traffic control procedures, not the high density rule, which
ensures the safety of the aviation system.
New developments in computer technology and air traffic
management systems have increased safety while making it
possible to handle greater volumes of traffic more efficiently.
The elimination of the HDR is done in conjunction with the
other provisions in the bill that unlock the aviation trust
fund and increase investment in aviation infrastructure. This
will ensure that capacity and efficiency-enhancing improvements
will continue to be made to our nation's aviation system,
further reducing delays and congestion and the need for a high
density rule.
Therefore, it is clear that this rule no longer serves any
legitimate aviation purpose. Rather, it merely acts as an
unnecessary constraint on operations, barring new entry,
limiting competition and inflating prices at slot-controlled
airports. It is time to eliminate this arcane rule and the
reported bill does that.
Some people living near airports urge the continuation of
the HDR as a way to reduce noise. However, in recent years,
Congress has banned the use of the loudest Stage 1 aircraft and
mandated the phase-out of the noisy Stage 2 aircraft. This
phase-out will be completed by the end of this year.
The ban and phase-out have required airlines to re-equip
their fleet at considerable cost. This cost has most likely
been passed on to their passengers. At the same time, as noted
above, passenger demand for air travel has increased
dramatically. It is unrealistic to expect that air service can
be perpetually frozen at levels established 30 years ago when
additional service can be accommodated safely. The reported
bill would safely accommodate that demand.
In addition, continuation of the HDR has pushed more
traffic into the late evening hours when the rule is not in
effect. This, ironically, leads to more noise for nearby
residents during the most sensitive hours. Eliminating the rule
will most likely ease the noise burden during these late-night
hours.
In the case of Reagan National, the Committee has decided
to continue the current limit on flights with only modest
modifications. This maintains the agreement that was put in
place when that airport was transferred from the Federal
government to local control.\42\
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\42\ Metropolitan Washington Airports Act of 1986, Public Law 99-
591.
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At Reagan National, the reported bill permits DOT to permit
2 additional slot exemptions per hour, limited to six per day.
If applications for the slot exemptions exceed the number
available, DOT would be expected to use expedited procedures in
order to meet the 120-day deadline for a decision mandated by
the bill.
This limited exemption from the slot rules at Reagan
National should have several beneficial effects. The ability to
grant exemptions should reduce whatever pressure now exists to
completely eliminate the slot rule or to take slots away from
existing airlines in order to accommodate underserved
communities. Where this authority leads to a modest increase in
flights, that will have a beneficial impact on competition,
consumer choice, and the fares that passengers pay. This will
benefit all passengers, both in the area of the high-density
airport, the underserved airport, and throughout the country.
There will be no adverse impact on safety since section
41714(e)(4), as amended by section 201(b) of the reported bill,
specifically authorizes the FAA to block the new service if it
``determines that providing such service would have an adverse
effect on air safety.''
Funding.--Other factors cited for the air service problems
at some communities are slower economic growth, harsher
weather, and the dominance of large airlines at nearby
airports.\43\
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\43\ Air Service Hearing, supra note 28, at 61.
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In 1996, a fund was created to aid the essential air
service (EAS) program.\44\ That fund currently has $50 million.
Section 202 of the reported bill would increase that fund to
$60 million and ensure that $10 million of this amount is
directed to a new program. This program will help communities
that are too large to benefit from the EAS program but are not
large enough to secure adequate air service without some
assistance. Since there is already a source of money for this
fund, the new program will not require any increase in taxes.
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\44\ Public Law 104-264, 110 Stat. 3249, 49 U.S.C. 41742 (October
9, 1996).
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This new program is designed to help underserved airports
attract more passengers. This, in turn, could attract more air
service to the community and help make that service viable over
the long-term. To help an airline beginning service at a
community to establish itself there, the fund could also be
used to subsidize that airline for a period not to exceed 3
years. The reported bill also authorizes an additional $15
million to be appropriated to supplement the $10 million that
is guaranteed. That $15 million could be used for the same
purpose as the $10 million--to market and promote air service
at small and medium-sized communities.
The $50 million remaining will continue to ensure that the
air service needs of the smallest communities are protected.
The Committee recognizes that the EAS program plays an
extremely important role in ensuring that smaller communities
can continue to have access to the national air transportation
system. As a result of P.L. 104-264, this program is
permanently authorized and funded independent of appropriations
through fees collected pursuant to 49 U.S.C. 45301(a)(1). The
Committee continues to support this provision and the goals of
the program.
Regional air service incentive program.--The growing trend
in regional jet use has, and will continue, to offer a service
option in markets with light to moderate traffic where it
otherwise would be too expensive to provide adequate service.
Regional jets are perfectly suited for serving small and mid-
size communities.
According to the Regional Airline Association (RAA), 28.2
million passengers flew on turboprop regional aircraft in 1986.
That number has now more than doubled to over 60 million. The
regional jet comprised only 10.6 percent of all seats flown by
regional airlines in 1996. When factoring in the regional jets
currently on order, nearly 40 percent of all regional airline
passengers will eventually be on these types of planes in the
near future.
Regional jets can fly farther, faster, and quieter than
turboprops and will give airlines the option of flying around
or over major hub airports. Currently, these regional jets are
being bought by the major airlines for their commuter
affiliates. They are not always being used to serve the
underserved markets. The reported bill provides secured loans,
loan guarantees, and lines of credit to help smaller airlines
buy these aircraft. This is important because these smaller
airlines are most likely to fly to currently underserved
markets.
The purpose of this provision is not to help airlines or
regional jet aircraft manufacturers. They already seem to have
a backlog of orders. Rather the purpose is to use market
mechanisms to encourage airlines to use more of these jets in
underserved markets. Therefore, the reported bill conditions
the grant of these credit instruments on a commitment to
provide air service to an underserved market. The regional jets
could do much to improve air serve at many of the communities
that have not benefited from deregulation so far.
Contract Tower Program
Since 1982, the FAA has provided air traffic control (ATC)
services at many low activity Level I visual flight rule (VFR)
airports by contracting with ATC companies in the private
sector. This contract tower program has provided significant
cost savings and enhanced aviation safety. Currently, 162
airports participate in the contract tower program.
Participating airports and aviation users have generally
expressed strong support for the program. Indeed, without this
program, many of these airports would be without ATC services
since FAA does not have the financial resources to staff these
towers with its own personnel.
The average contract tower costs about $250,000 per year,
about half of what it would cost FAA to operate the tower
itself.
In deciding which airports to contract for ATC services,
the FAA conducts a cost-benefit analysis. If the analysis at an
airport results in a ratio of benefits to costs of less than 1,
FAA will not contract for ATC services at that airport.
There are some airports whose ratio is slightly less than 1
or that are in danger of dropping below 1. Under current
practice, these airports will not have the safety and service
benefits of the contract tower program.
To improve safety at these airports, the reported bill
authorizes $6 million to fund contract tower services at
airports that fall just below the cost benefit threshold and at
other similar airports that have a legitimate need for this
service as specified in section 131 of the reported bill.
However, the reported bill does require these airports to
share in the cost of the program. The local share would be in
proportion to the amount that the airport's ratio falls below
1. So, for example, if the airport had a benefit to cost ratio
of 0.85, it would have to absorb 15% of the cost to have its
tower manned.
Family Assistance
In 1996, after the ValuJet and TWA crashes, the Committee
approved (H. Rept. 104-793), and, on September 18, 1996, the
House passed 401 to 4, the Aviation Disaster Family Assistance
Act (H.R. 3923). With only minor changes, this bill was enacted
as Title VII of the Federal Aviation Reauthorization Act of
1996 (P.L. 104-264, 110 Stat. 3264). In 1997, the legislation
was extended to cover foreign airlines (P.L. 105-148).
The law, at 49 U.S.C. 1136 and 41113, requires the National
Transportation Safety Board (NTSB) and individual airlines to
take actions to address the needs of families of passengers
involved in aircraft accidents in which there is a major loss
of life. The law requires airlines to submit plans to DOT and
NTSB on how they will address the needs of the families in the
event of an aviation disaster involving one of their aircraft.
Section 704 of the 1996 legislation called for the creation
of a Task Force to address some of the more difficult issues.
These included questions of family privacy, out-of-state mental
health workers, and ways to improve the notification of
families.
On October 29, 1997, the task force issued its report. Many
of its recommendations do not require legislative changes.
However, Title IV of the reported bill addresses those that do
as well as related issues that have arisen as a result of
experience under this new law. These include lengthening the
moratorium on lawyer solicitation, permitting out-of-state Red
Cross mental health workers to assist at an accident scene,
upgrading airline disaster assistance plans to improve employee
training, requiring airlines, upon request, to inform the
family as to whether their loved one had a reservation on the
flight, and limiting the liability of airlines who provide this
information.
The Committee recognizes that flight reservation
information is not always accurate. In many cases, a person
with a reservation will not have boarded the flight while a
person without a reservation may actually be on the flight.
However, as the Task Force noted, at page 12, ``provision of
preliminary and limited, but accurate information, i.e., that a
family member had a reservation on the flight, is better than
no information in terms of helping the family to cope with the
news of the disaster.'' In providing this information, the
airline would be free to explain the limits to the accuracy of
the initial passenger manifest. In recognition of these limits,
the bill limits the liability of the airline for providing
inaccurate information on the basis of the initial reservation
list.
Title IV also includes the text of H.R. 603, which passed
the House on February 3, 1999. This provision makes clear that
the Death on the High Seas Act does not apply to aviation
accidents even if the plane crashes into the ocean. See House
Report 106-32 for a full explanation of this provision.
Safety
The reported bill addresses several safety issues that the
Aviation Subcommittee has considered in hearings and other
forums. Some of them are discussed below.
Cargo TCAS.--As far back as the 1950s, government and
airlines began searching for a viable collision avoidance
system for aircraft. Several systems were developed but until
1981 none were considered acceptable. In 1981, FAA finally
announced that it had decided to proceed with the development
and implementation of the Traffic Alert and Collision Avoidance
System (TCAS).
There are basically three versions of TCAS. TCAS I is
intended for small aircraft. It warns the pilot of an impending
collision but does not give instructions on how to avoid that
collision. TCAS II is intended for large commercial aircraft.
It not only warns the pilot of an impending collision but also
advises the pilot to go either up or down to avoid that
collision. TCAS III was originally intended to add to the
capabilities of TCAS II by advising pilots to go left or right,
if appropriate, to avoid a collision. In 1993, FAA decided that
TCAS III contained substantial systematic errors and that it
could not determine, in many scenarios, which direction to turn
to prevent a collision. Therefore, work on TCAS III was halted.
Although FAA had committed to TCAS in 1981, progress in
actually implementing the system was slow. A 1986 midair
collision over Cerritos, California,finally prompted
Congressional action. Section 203 of the 1987 Airport and Airways
Capacity Expansion and Improvement Act, Public Law 100-223, 101 Stat.
1518, established deadlines for completing the development and
installation of TCAS II. As enacted, the legislation required the FAA
to implement a schedule for the certification of TCAS II that would
result in that system being certified by June 30, 1989. The legislation
further directed the FAA to require the installation of TCAS II on all
passenger aircraft of more than 30 seats within 30 months of the date
that system was certified. That meant that if the system was certified
on June 30 as scheduled, airlines would have to equip their fleet by
December 30, 1991.
On December 15, 1989, Public Law 101-236 amended the TCAS
directive to authorize the Administrator of the FAA to extend
the original compliance deadline for installing TCAS II by two
years, to December 30, 1993, if the Administrator determined
that such an extension was necessary.
On April 9, 1990, FAA published a final rule containing the
schedule for implementation of TCAS II in aircraft with more
than 30 passenger seats. In this final rule, the FAA required
that airlines phase in the implementation of TCAS II with
compliance by at least 20 percent of all covered airplanes by
December 30, 1990, 50 percent by December 30, 1991, and 100
percent by December 30, 1993.
The required implementation of TCAS II was essentially
completed by the end of 1993. Since then, TCAS II has
demonstrated the ability to reduce the potential for collisions
and is now providing important safety benefits.
There are approximately 1,000 cargo aircraft operating
domestically in the same airspace as passenger aircraft. These
cargo aircraft are not required to have collision avoidance
systems at this time. During that earlier time, there was very
little discussion of requiring TCAS on cargo aircraft. On
September 3, 1996, the Independent Pilots Association (IPA)
filed a petition for rulemaking with the FAA, requesting that
it amend its regulation to require TCAS II on cargo aircraft in
addition to passenger aircraft. Hearings were held on this
issue 2 years ago.\45\
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\45\ ``Proposal to Require Traffic Alert and Collision Avoidance
Systems on Cargo Aircraft'': Hearing before the Subcommittee on
Aviation of the House Committee on Transportation and Infrastructure,
105-5, 105th Congress, 1st Session (February 26, 1997).
---------------------------------------------------------------------------
The IPA favored a requirement for 50 percent of cargo
aircraft to be equipped with TCAS II by July 31, 1998, and the
balance of the cargo fleet to be equipped by December 30, 1998.
To date, FAA has not issued a final rule requiring TCAS II on
all-cargo aircraft.
Cargo airline representatives agree that cargo aircraft
need the safety benefit of a collision avoidance system.
However, they believe that TCAS is an outmoded system and favor
a system known as ADS-B instead. Automatic dependent
surveillance-broadcast (ADS-B) is being developed for use with
global positioning satellite systems (GPS) and ``free flight.''
When ADS-B becomes available, it is expected to permit aircraft
to transmit additional data such as heading, next waypoint, and
vertical speed and to work on the runway where TCAS is not
currently effective.
The Committee agrees that cargo aircraft should be equipped
with collision avoidance systems. However, the Committee
believes that the FAA and the airlines are better equipped with
the technical knowledge to choose between TCAS and ADS-B.
Accordingly, the reported bill sets a deadline for the
installation of collision avoidance systems on cargo aircraft
without specifying which system should be installed although
the system must provide cockpit based collision detection and
conflict resolution guidance, including display of traffic, and
protection from mid-air collisions that is at least as good as
is provided by TCAS-II.
Pilot record sharing.--Between 1987 and 1994, there were
reportedly at least 7 fatal accidents involving pilot error
where the pilot had demonstrated problems at a previous airline
but the airline involved in the crash was not required to check
the pilot's records before making the hiring decision.
The NTSB investigated each of these accidents and, in 4 of
the cases, recommended that airlines be required to check a
pilot's previous performance before hiring that pilot. However,
the FAA took no action to require such record checks.
One year after American Eagle flight 3379 crashed in North
Carolina, the Subcommittee held a hearing on this issue.\46\
Most witnesses supported legislative action. The NTSB,
referring to the four accidents in which it had made
recommendations in this area, testified that ``[c]ommercial
aircraft accidents are so rare that to have four in seven years
attributable, even in part, to a single cause should be--for
everyone--conclusive evidence of a serious problem.'' \47\
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\46\ ``Aviation Safety: Should Airlines Be Required to Share Pilot
Performance Records? Hearings before the Subcommittee on Aviation of
the House Committee on Transportation and Infrastructure, 104-40, 104th
Congress, 1st Session (December 13 and 14, 1995).
\47\ Id, at 78.
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In response, the Committee approved (H. Rept. 104-684) and,
on July 22, 1996 the House passed 401 to 0, the Airline Pilot
Hiring and Safety Act (H.R. 3536). This was combined with a
similar Senate bill, the Pilot Records Improvement Act, and
incorporated into the Federal Aviation Reauthorization Act of
1996 as Title V (P.L. 104-264, 110 Stat. 3263 et seq., 49 U.S.
C. 44936(f)).
This Act required airlines, before hiring a pilot, to
request the records of that pilot from the FAA, the National
Driver Register, and the pilot's previous employer. This was
designed to ensure that airlines would be able to make informed
hiring decisions.
More recently, in response to certain implementation
problems that had developed, the Committee approved (H. Rept.
105-372) legislation making some improvements in the Act. This
legislation was ultimately enacted.\48\
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\48\ Public Law 105-142, 111 Stat. 2650, December 5, 1997.
---------------------------------------------------------------------------
The reported bill (section 502) includes some additional
fine-tuning to the Act that was suggested by FAA. One change
specifies more precisely the records that must be requested,
received, and maintained by air carriers. Section
44936(f)(1)(B) of current law requires the transfer of records
involving a pilot's proficiency and route checks, airplane and
route qualifications, training, required physical examinations,
actions taken concerning release from employment or physical or
professional disqualification, alcohol and drug test results,
check airman evaluations, and any disciplinary action that was
not subsequently overturned.
All of these requirements are directed toward the
competency of the individual as a pilot. Indeed, the whole
thrust of the 1996 Act was to ensure that the airline would
have the information needed to determine whether the applicant
was capable of flying the plane safely. While other
information, such as how the pilot interacts with customers,
may be important, it was not the focus of that legislation.
Therefore, the reported bill amends section 44936(f)(1)(B)(ii)
to clarify that while airlines are free to request and receive
other information not directly related to the competency of the
individual as a pilot, they would not be required to do so by
the Pilot Records Improvement Act.
In addition, the reported bill makes clear that the
military is not required to release pilot records and airlines
cannot be penalized for failure to get records from a foreign
entity if they made a good faith effort to do so.
Whistleblower Protection for Airline Employees
Private sector employees who make disclosures concerning
health and safety matters pertaining to the workplace are
protected against retaliatory action by various Federal laws.
These employees have become known as ``whistleblowers.''
There are currently over a dozen Federal laws protecting
whistleblowers including laws protecting nuclear plant workers,
miners, truckers, and farm laborers when acting as
whistleblowers. For example, section 2305 of the Surface
Transportation Assistance Act of 1978, 49 U.S.C. 2305,
prohibits retaliation for filing a complaint or instituting any
proceeding relating to violations of motor vehicle safety rules
or refusing to operate an unsafe vehicle. There are no laws
specifically designed to protect airline employee
whistleblowers.
The Committee previously considered legislation to protect
airline employee whistleblowers in 1988. Hearings were held on
April 27, 1988 and H.R. 5073 passed the House on September 13,
1988. The Senate never acted so the bill died. More recently,
hearings were held on this issue on July 10, 1996 (Committee
document 104-57).
Title VI of the reported bill would provide protection for
airline employee whistleblowers by prohibiting the discharge or
other discrimination against an employee who provides
information to its employer or the Federal government about air
safety or files or participates in a proceeding relating to air
safety. To ensure that this protection is not abused, the
provision provides penalties for the filing of frivolous
complaints.
Emergency Revocation of Certificates
To fly a plane, repair a plane, or operate an airline,
airport or other aviation business, a person must obtain a
certificate from the Federal Aviation Administration (FAA).
If a pilot, mechanic, airline, or other holder of a FAA
certificate breaks the laws or regulations, the FAA has several
means of enforcement. One is an administrative action that
could take the form of a warning letter to the violator.
Another approach would be to assess a fine or civil penalty
against the violator. The most serious sanction that could be
imposed would be to revoke that person's certificate. The FAA
will usually choose initiate a revocation action in the
following circumstances:
When the FAA believes that the person is not
qualified to hold the certificate;
When the FAA believes that the person demonstrated a
lack of care, judgment, or responsibility that would be
expected of a certificate holder;
When the person has shown a poor compliance
disposition such as when the person has repeatedly or
deliberately violated the rules or has falsified
records; In addition, if a pilot is convicted of drug
smuggling, 49 U.S.C. section 44710 mandates that that
pilot's certificate be revoked.
A certificate revocation could happen in one of two ways.
The FAA could propose the revocation, give the person an
opportunity to defend, and then, if warranted, revoke the
certificate. This would allow the person to continue to operate
while the certificate action was pending.
However, since 1990, the FAA has taken the view that a
decision to revoke a certificate often justifies invoking the
agency's emergency authority under 49 U.S.C. 44709(c) and
46105(c). This policy is embodied in FAA Order 2150.3A. Under
this emergency revocation procedure, the person has the right
to appeal to the NTSB and the Federal Courts of Appeals.
However, in such a case, the person loses the right to operate
while the revocation proceeding is pending.
The FAA defends the emergency revocation procedure on the
grounds that public safety is jeopardized if an unqualified
person is allowed to continue operating while the revocation
proceeding is pending. Many in the aviation community,
particularly pilots and lawyers who represent pilots, have
criticized the emergency revocation procedure on the grounds
that it presumes the person to be guilty, denies the person due
process, and can destroy that person's livelihood. They argue
that FAA uses the emergency revocation procedure to pressure
persons into voluntarily surrendering their certificates and to
circumvent the NTSB requirement that FAA process a case within
6 months.
As a result of the concerns about the emergency revocation
procedure, Senator Inhofe asked the GAO to study the FAA's use
of this procedure.\49\
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\49\ U.S. General Accounting Office, ``Aviation Safety: FAA's Use
of Emergency Orders to Revoke or suspend Operating Certificates'' GAO/
RCED-98-199 (July 1998).
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The GAO found that since 1990 only about 15% of the 137,506
enforcement cases that FAA brought involved the revocation or
suspension of a certificate. Of these, only 3,742 involved the
emergency revocation of certificates. This represents about 3%
of total enforcement actions and 18% of the certificate
revocations. However, the percentage of emergency actions
increased from 10% of total certificate actions in 1990 to an
average of 20% over the next 7 years. This was partly due to
the fact that, for less serious cases, FAA chose to assess
fines rather than revoke certificates and partly due to FAA's
decisions to make greater use of the emergency revocation
procedure.
Most of the emergency revocations (about 60%) were taken
against pilot certificates. Mechanics were affected 12% of the
time.
According to GAO, emergency revocations as a percentage of
total revocations varied in different FAA regions. The average
across all regions was 18%. However, in the Eastern, Western-
Pacific, and Southwest region, 28% to 38% of the certificate
actions used emergency procedures.
The use of emergency revocation procedures does not mean
that the revocation was necessarily instituted immediately
after the violation occurred. GAO found that in about half the
cases, FAA issued the emergency revocation order more than 4
months after learning of the violation. Sometimes, the delay
was more than 2 years. FAA justifies these delays on the
grounds that time is needed to investigate the facts and
determine whether a certificate revocation is warranted.
Critics contend, however, that it should no longer be
considered an emergency if the violation happened months or
years ago and the person has been operating safely since then.
Currently, a person subject to an emergency revocation
order has two aspects of that order that can be appealed. The
person can either challenge the emergency nature of the order
or challenge the order on the merits.
If the person challenges the emergency nature of the
revocation order, the appeal is taken to a Federal court.
According to GAO, few choose to do this and even fewer prevail.
There is no deadline for the Federal court to act although FAA
claims that the court will usually rule within 5 to 7 days.
If the person challenges the merits of the revocation
order, the appeal is to the NTSB. The case is assigned to an
Administrative Law Judge and then is reviewed by the full
Board. The NTSB has 60 days to decide whether to uphold the
FAA's revocation order.
GAO points out that 86% of the time, the FAA decision to
revoke the certificate is upheld on appeal. In 52 cases during
the 1990s, the FAA's action was reversed on appeal. In some
instances, the case resolved itself in another way such as
being converted to a civil penalty or allowing the certificate
to lapse.
The Aviation Subcommittee held a hearing on this issue last
year.\50\ At that time, the Subcommittee heard from pilots and
aviation businesses about alleged abuses by FAA officials of
the agency's emergency revocation authority.
---------------------------------------------------------------------------
\50\ ``H.R. 1846: FAA's Emergency Revocation of FAA Licenses'':
Hearings before the Subcommittee on Aviation of the House Committee on
Transportation and Infrastructure, 105-80, 105th Congress, 2nd Session,
(August 6, 1998).
---------------------------------------------------------------------------
The Committee strongly believes that FAA must have
emergency revocation authority in order to ensure public
safety. But the Committee also believes that a citizen's due
process rights must be protected.
Accordingly, the reported bill provides a new procedure for
appeals of emergency revocations. Rather than appealing to a
Federal court, a certificate-holder could appeal to the NTSB.
This would provide an expedited procedure to ensure that an
emergency really exists that justified the immediate revocation
of the certificate while the appeal on the merits of the
revocation was pending. The appeal to the NTSB also has the
advantage of putting the decision in the hands of those who are
more likely to have expertise in aviation matters than a
Federal court judge who is responsible for a broader array of
issues.
Public Aircraft
What are public aircrafts?--In the past, public aircraft
were defined as aircraft that were (1) used exclusively by
Federal, State, or local government agencies and (2) not used
``for commercial purposes.'' However, as explained further
below, that definition has been complicated by recent
legislation.
There are about 5,000 aircraft used by government agencies
in the U.S.
Significance of being classified as a public aircraft.--
Unlike general aviation, civil, or commercial aircraft, public
aircraft are not subject to FAA safety regulations, thus making
such aircraft much less expensive to operate.
Legislative background.--Public aircraft have been exempted
from safety regulations since Federal regulation of aviation
began in 1926. The wisdom of this exemption has been questioned
in recent years.
In 1986, at the request of this Committee, the GAO
undertook a study of publicaircraft.\51\ That study suggested
that Congress should consider applying FAA safety regulations to public
aircraft.
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\51\ U.S. General Accounting Office, ``Aviation Safety: Federal
Regulation of Public Aircraft'' GAO/RCED-87-19BR (December 1986).
---------------------------------------------------------------------------
In 1990, the definition of public aircraft was amended to
exclude aircraft leased by a State or local government if the
lease was for less than 90 days (Section 207 of P.L. 100-223,
101 Stat. 1523). This prevented civil aircraft from escaping
FAA regulations by seeking cover as a public aircraft on a
short-term basis. The amendment also gave the NTSB greater
authority over public aircraft accidents.
The issue came to the forefront again in 1993 when a public
aircraft operated by the State of South Dakota crashed killing
its Governor. In response, South Dakota Senator Pressler
introduced S. 1092. This bill would have required public
aircraft to comply with FAA safety rules. The bill was modified
in response to objections and folded into legislation
reauthorizing the NTSB. That legislation was enacted into
Public Law 103-411 on October 25, 1994. The provision on public
aircraft can be found in section 3 of the Independent Safety
Board Act Amendments of 1994 (P.L. 103-411) and section
40102(a)(37) of title 49 of the United States Code. It is
commonly known as the Pressler amendment.
Pressler amendment. The Pressler amendment changed the
definition of public aircraft.
With respect to the transportation of cargo, the law
continued to state that a government aircraft that transports
property is a public aircraft unless it transports that
property ``for commercial purposes.'' If it transports property
for commercial purposes, it would be a civil aircraft.
With respect to the carriage of people, the classification
is much more complicated. As a general rule, the Pressler
amendment limited the class of public aircraft by excluding
aircraft that carry passengers. An aircraft carrying passengers
is no longer considered a public aircraft even if it is owned
by a government agency.
However, there are two exceptions. If the passengers were
on board the aircraft to carry out a government function such
as fire-fighting, law enforcement, or search and rescue, then
the aircraft would still be a public aircraft. Also, aircraft
operated by the military or an intelligence agency are still
considered public aircraft. However, these exceptions would not
apply if the people on board were being transported ``for
commercial purposes.'' When that occurs, those aircraft would
lose their status as public aircraft.
As can be seen, the question of whether an aircraft is a
public aircraft will often depend on whether it is being
operated ``for commercial purposes.'' In other words, if the
government agency receives payment for carrying people in the
aircraft, the aircraft would not be a public aircraft.
Foley modification. At the same time that Senator Pressler
was seeking to limit the class of public aircraft, House
Speaker Tom Foley was trying to expand it. He was responding to
constituents who found the ``commercial purposes'' component
too limiting.
The problem arose because, in many cases, one government
agency will allow another government agency to use its aircraft
under a cost reimbursement agreement. The fact that the
government agency is being paid for the use of its aircraft
caused the FAA to construe the flight as an operation for
commercial purposes which removed it from the public aircraft
classification. To prevent this and continue to permit one
government to lease its aircraft to another, Speaker Foley
prevailed in including another exception in the law. This
permits an aircraft to continue to be classified as a public
aircraft even if the owner is reimbursed by another government
agency as long as the government agency renting the aircraft
certifies to the FAA that the aircraft is needed to respond to
a ``significant and imminent threat to life or property'' and
that ``no service by a private sector operator was reasonably
available to meet the threat.''
Clinger limitation. When the Pressler amendment was being
considered, Mr. Clinger, who was then ranking Republican on the
Aviation Subcommittee, recognized that the sudden imposition of
FAA regulations on government aircraft could impose a
significant cost burden on State and local government agencies.
He viewed this as another unfunded Federal mandate.
As a result, at his insistence, a provision was added
permitting FAA to grant an exemption to a State or local
government if that entity could show that the imposition of FAA
rules on it would impose ``an undue economic burden'' and that
the State or local aviation safety program ``is effective and
appropriate to ensure safe operations of the type of aircraft''
it operates.
FAA actions. The above-described legislation became
effective on April 23, 1995. Prior to that, the FAA issued
Advisory Circular 00-1.1 providing guidance on whether
particular government-owned aircraft operations would be
classified as public aircraft operations. For those that lost
public aircraft status, the Advisory Circular provided
information on bringing those aircraft into compliance with FAA
safety regulations.
The FAA pointed out that the classification of an aircraft
depends on how it is used. For example, an aircraft that is
used for search and rescue is a public aircraft. If the same
aircraft is used to transport the governor to a meeting, it is
a civil aircraft. Thus, it may be more appropriate to speak of
particular aircraft operations as public or civil in nature
rather than classifying the aircraft itself as public or civil.
The same aircraft could be a public aircraft one day and a
civil aircraft the next day depending on how it is used.
The FAA's Advisory Circular also further clarified some key
terms in the law. For example, with respect to ``for commercial
purposes,'' the FAA stated that it was notnecessary for the
owner to make a profit. If the aircraft's owner received direct or
indirect payment, that was enough to cause it to lose public aircraft
status.
The Advisory Circular also listed the governmental
functions being performed by persons aboard the aircraft that
would justify classifying that operation as a public aircraft
operation. In addition to fire-fighting, search and rescue, law
enforcement, aeronautical research, and biological and
geological resource management which were listed in the law,
the FAA cited medical evacuation and aerial survey flights as
public aircraft operations. In the Committee's view, aerial
photography for non-law enforcement purposes would not be
considered a governmental function.
The Advisory Circular also set forth the requirements for
those aircraft that were no longer public aircraft. These
requirements include using licensed pilots with current medical
certificates, having the aircraft, its engines, and propellers
certified as airworthy, and having the aircraft properly
inspected and maintained by authorized persons.
The FAA noted that many formerly public aircraft were types
that had never been certificated. The agency acknowledged that
these, frequently former military aircraft, would be difficult
to certificate now. Nevertheless, it set forth the procedures,
registration requirements, noise standards, inspection records
and technical documentation requirements, and flight testing
requirements that would have to be met to obtain certification.
However, it is questionable whether military aircraft could
ever meet these requirements.
Finally, the Advisory Circular set forth the procedures for
obtaining an exemption from the above requirements. However,
the FAA has indicated that such exemptions would rarely be
granted. It stated that ``the agency expects to invoke its
exemption authority only when the public interest clearly
demands it.'' \52\
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\52\ 59 Fed. Reg. 63154, 63155 (December 7, 1994) and 60 Fed. Reg.
5074 (January 25, 1995).
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Hearings.--The Committee's Aviation Subcommittee held
hearings on this issue in 1995.\53\ At that time the
Subcommittee heard conflicting perspectives from the law
enforcement community and the small business community on the
impact of changes in the public aircraft definition.
---------------------------------------------------------------------------
\53\ ``Public Aircraft and Special Purpose Aircraft'': Hearings
Before the Subcommittee on Aviation of the House Committee on
Transportation and Infrastructure, 104-37, 104th Congress, 1st Session,
(October 19 and December 7, 1995).
---------------------------------------------------------------------------
Law enforcement's reaction.--At the hearings, state and
local law enforcement agencies expressed concerns with the
current definition of public aircraft. Most concerns seemed to
be focused on two areas. The first involved flights using
former military aircraft. These aircraft have been used in the
past to transport the governor, the police chief, or other
government officials. Now, however, since these former military
aircraft do not hold a civil airworthiness certificate from the
FAA, they cannot be used to carry these passengers.
The second problem involves the issue of cost
reimbursement. If the government agency is reimbursed for the
use of its aircraft, that is considered compensation by the
FAA. That means the operation is ``for commercial purposes''
and not a public aircraft operation.
As a result, if a law enforcement agency uses its
helicopters to assist another law enforcement agency, and is
then reimbursed for actual expenses, those helicopters lose
their public aircraft status unless the required certifications
of an imminent threat can be made. Witnesses explained how this
has crimped the programs of several law enforcement agencies
and fire departments.
In many cases, the public agency could hire a private
sector operator to perform the flights but that would be more
expensive. Public aircraft operators also questioned whether
there is any real safety problem with their operations. They
argued that the law was changed to address a problem that does
not exist.
Private sector reaction.--The private sector, primarily
commercial helicopter operators, charter operators, and small
aviation businesses also testified. They supported the change
in the public aircraft law in order to prevent some government
agencies from competing against them unfairly. They fear that
some public operators are trying to function as for-hire
entities and compete with private sector operators without
having to comply with FAA safety rules. This gives the public
operators a cost advantage against which the private sector
cannot compete. Private sector operators were quick to support
the law enforcement functions of public aircraft operators but
objected to government attempts to earn money from ``side
jobs'' that would impact small commercial businesses.
Revised definition.--The reported bill does not attempt to
resolve the dispute between the public and private aircraft
operators. Rather, it merely attempts to create a statutory
context in which this dispute can be considered and hopefully
addressed.
Despite attempts to explain it above, the current
definition is needlessly complex. This hinders the ability of
the Congress and the affected parties to consider changes.
Therefore, section 702 of the reported bill revises the
definition. The purpose and intent of Congress in adding
Section 702 to H.R. 1000 is solely to replace old convoluted
language (laden with multiple negatives) with positive language
that states existing law in terms that are readily understood
by both the nation's aviation community and the general public.
Nothing in section 702 should be interpreted as a change in
current public policy relating to public aircraft. Before
making any changes the Committee will be mindful of the
delicate balance between highly technical Federal Aviation
Regulations (FARs), public aircraft operators' need for
exemptions from these rules, and the need for small businesses
operating commercial aircraft to be protected from government-
subsidized competition in the marketplace.
National Park Overflights
Background. Commercial air tour operations have become
exceedingly popular at a number of units of the National Park
system and are growing in popularity in others. Many park areas
have documented or estimated significant increases in the
volume of commercial air tours over the last ten years. With
these increases, there has been an increase in complaints by
park users that the serenity and quiet of national parks is
being destroyed.
In response to this issue, in 1987, Congress enacted Public
Law 100-91, commonly known as the National Parks Overflights
Act (the Overflights Act). This act directed the Secretary of
the Interior to conduct a study to determine the proper minimum
altitude that should be maintained by aircraft when flying over
units of the National Park system. The study was to also
identify problems associated with overflights and provide
information regarding the types of overflights that might be
impacting park units. Finally, the Overflights Act required the
FAA Administrator to assist the National Park Service (NPS) in
carrying out this study.
As a result of this law, in 1994, the NPS submitted its
Report to Congress stating that 70 percent of the managers
whose parks were affected by overflights identified aircraft
noise as a potential sound problem.
In December of 1993, Secretary of Interior Babbitt and
then-Secretary of Transportation Pena established an
interagency working group (IWG) to further study ways to
address the impacts of overflights on national parks. Both the
Department of Transportation and the Department of the Interior
agreed that increased air tours at national parks had
diminished the national park experience for some park visitors,
and that measures should be taken to preserve the park
experience for ground visitors, while, at the same time,
providing a comparable experience for air visitors to the
national park. The FAA's role in this group has been to
promote, develop and foster aviation safety and to provide for
safe and efficient use of airspace. In addition, FAA has
recognized the need to preserve, protect and enhance the
environment by minimizing the adverse effects of aviation. The
NPS's role has been to protect public land resources in
national parks, preserve environmental values of those areas
and provide for public enjoyment of those areas.
The President issued an Executive Order on April 22, 1996,
directing the Secretary of Transportation, in consultation with
the leadership of relevant Departments and Agencies, to
establish a framework for managing air traffic over park units
and to undertake additional transportation planning to address
the impact of transportation on National Parks.
In addition, a Joint Oversight Field Hearing was held by
the Subcommittee on National Parks and Public Lands and the
Subcommittee on Aviation in St. George Utah on November 17,
1997. The hearing addressed issues surrounding air tours
conducted over national parks. Topics discussed included
whether restoring natural quiet to national parks was a
reasonable goal, how many complaints per million visitors were
acceptable and various ways to reduce noise over the parks.
In response to the President's mandate, in 1997, the FAA
and the NPS established a National Parks Overflights Working
Group to develop a plan for instituting flight restrictions
over National Parks.
The working group was comprised of individuals with
experience in aviation and in national park management. The
Working Group held several public meetings and recommended a
consensus proposal on overflights last year. The proposal
included the recommendation that the group endorse legislation
that captures the intent of its agreement. Accordingly, this
legislation encompasses the Working Group's agreement and has
been endorsed by it.
This group, including air tour industry representatives,
environmentalists, and Native American representatives has
agreed that this legislative package would establish a
framework for the management of sightseeing aircraft over the
National Park System. This legislation attempts to strike a
balance between the rights of ground visitors to enjoy a
national park with minimal intrusion, and in some cases, no
intrusion from air tour noise, with the rights of air tour
visitors to a park to enjoy a spectacular air visit.
Because all units of the National Park System are not
equally affected by air tours, this legislation merely sets out
a standard framework of principles to apply to all units of the
NPS. Specific operational requirements for each individual unit
would be negotiated on an individual basis with the FAA, NPS,
air tour operators, affected Native Americans and the general
public. The operational requirements would be based on the type
of park, the demand for air tours, and any quiet technology
available. Each park could conceivably have a different air
tour management plan based on the demand for air tours and
characteristics of the individual park.
Bill framework.--The bill reaffirms that the FAA has the
sole authority to control airspace over the United States. The
Committee believes that although this legislation requires the
NPS and the FAA to work together, it is important to note that
this legislation does not in any way diminish the FAA's
authority over U.S. airspace. The bill also reaffirms that the
FAA has the authority to preserve, protect and enhance the
environment by addressing the adverse effects of aircraft
noise. In this case, that authority will include overflights of
park and tribal lands. To regulate this particular issue, the
FAA is directed to work in cooperation with the National Park
Service, which is responsible for conserving the natural beauty
and historical significance of national parks. The Committee
realizes that this may be a difficult venture as both agencies
have different priorities in this matter. However, the two
agencies must work together to balance the need to protect the
significant and sensitive areas of a national park while
recognizing the importance of viable air tours over certain
parks to all park visitors, especially those that may be infirm
or handicapped. Through this cooperative process, the agencies
will develop a viable air tour management plan that will
balance these interests, while keeping the FAA's mandate of
safe airspace.
It is important to recognize that this legislation
represents a compromise between the interests of the air tour
operators and those advocating quiet in the parks. This bill
directs both agencies to work together to maintain to the
extent possible both natural sound levels and the opportunity
to view park areas using commercial sightseeing tours.
The bill requires that an air tour operator may not conduct
commercial air tour operations over a national park without an
approved air tour management plan, jointly agreed upon by FAA
and NPS. There is an exception from this rule for existing
operators that is discussed further below. This exception is to
protect operations of current air tours during the time that an
air tour management plan is being negotiated.
For purposes of this act, commercial air tour operations
are defined as flights for compensation or hire in a powered
aircraft where the purpose of the flight is sightseeing over a
national park or within \1/2\ mile outside the boundary of a
national park. The operator conducting the tour must be flying
below a minimum altitude, to be determined by the Administrator
of the FAA in cooperation with the Director of the National
Park Service, or less than 1 mile laterally from any geographic
feature within the park, to be considered a ``commercial air
tour.'' The half mile boundary was implemented so that air tour
operators could not circumvent the intent of this legislation
by flying their air tours just outside the park boundary, thus
exempt from regulation, while still causing noise disturbance.
One half mile was considered a reasonable distance from the
park that would prevent a viable air tour from being flown and
any noise disturbances to a minimum.
The bill is also designed to require air tour management
plans for air tours over tribal lands that are within or
abutting a national park. Air tours over parks often fly over
sacred tribal lands and Native Americans are sensitive to these
disturbances over their cultural grounds. This legislation is
not intended to apply the requirements of an air tour
management plan to tribal lands that are not within or abutting
a national park.
Air tour certification.--This bill would require existing
air tour operators at any unit of the national park system to
apply for authority under part 119 to operate under 121 or 135
as appropriate, to conduct air tours. These air tour operators
must apply for certification within 90 days from the enactment
of this bill. A narrow exception is outlined in the bill to
allow some operators to continue to conduct air tours under
Part 91 for up to five flights per month for any national park.
These flights could be split between operators as long as the
total number of flights operating at a single park does not
exceed five. In order to meet the requirements for this
exception, the operator must secure a letter of agreement from
the Administrator and the superintendent of the national park,
and must fit within the current regulatory exemption under part
119. The letter must specify the conditions under which the air
tour operations will be conducted.
Air tour management plan.--As discussed above, there may be
some parks where, during the ATMP process, it is determined
that there will be a limit on the frequency of air tour
operations over a park. In these cases, the Administrator, in
cooperation with the Director of the National Park Service,
will develop an open competitive process for evaluating
proposals from operators interested in providing air tours over
the park. The Administrator and the Director shall consider
appropriate factors, some of which are listed in the bill.
These include the safety record of the person submitting the
proposal or his or her pilots; quiet aircraft technology
proposed to be used; experience of the person submitting the
proposal with air tours over other parks; financial capability
of the company; training programs provided for pilots; and the
responsiveness of the person submitting the proposal to any
relevant criteria identified by the NPS for the affected park.
To determine the number of operations allowed over a park,
the Administrator and the Director shall take into
consideration the provisions of an existing air tour management
plan, the number of existing commercial air tour operators and
current level of service and equipment provided by the
operators, and the financial viability of each air tour
operation.
The requirement for an air tour management plan (ATMP) for
a national park is triggered when a person applies for
authority to conduct a commercial air tour operation over that
park. The objective of the ATMP will be to develop acceptable
and effective measures to mitigate or prevent significant
adverse impacts of commercial air tours upon the natural and
cultural resources, visitor experiences and tribal lands of a
national park so that air tours can continue to fly over the
park. In some cases, acceptable and effective measures would be
those that allow aerial viewing of the park with some noise
disturbances, in other cases, where noise is a more critical
aspect of the park experience, aerial viewing might have to be
more restricted or even banned.
The ATMP itself may limit or prohibit commercial air tour
operations in a variety of ways. This would include
establishing conditions for the conduct of air tour operations
including routes, maximum or minimum altitudes, time of day or
event restrictions, maximum number of flights in a specific
unit of time, intrusions on privacy of tribal lands and
mitigation of adverse noise. The ATMP may include incentives
for the adoption of quiet technology by air tour operators
conducting air tours over the park to improve noise quality at
the park. These incentives may include preferred routes and
altitudes and relief from flight caps and curfews.
If the ATMP provides for a limit on air tour operations for
any time period, it must provide a system for allocating the
opportunities on an equitable basis. The rationale for the
measures taken in the ATMP must be documented and set forth in
the record of decision.
The contents of the ATMP are to be determined in the
context of a public process. FAA and NPS are required to hold
at least one public meeting with interested parties and publish
the proposed ATMP for notice and comment in the Federal
Register. The ATMP process must also comply with regulations
promulgated under the National Environmental Policy Act that
determine the parameters of an environmental review. In
undertaking this process, the FAA is to be the lead agency and
the NPS is a cooperating agency. The FAA would have the
responsibility for ensuring the safe and efficient use ofthe
nation's airspace and protecting the public health and welfare from
aircraft noise. The NPS would have the responsibility for determining
the extent of impacts on natural and cultural resources and visitor
experiences. This bill adds an additional requirement to existing
environmental requirements in that it requires both agencies, FAA and
NPS, to sign the environmental review document. This is not a current
requirement under NEPA and is intended to ensure that NPS and FAA agree
on the ATMP. In addition, if there are any Native American tribal lands
that may be overflown as part of an air tour operation over a park,
that Tribe's participation shall be solicited. Once an ATMP is
completed, amendments would only be made by the Administrator of the
FAA, in cooperation with the Director of the NPS. By including an
amendment process, the bill allows an ATMP to be adjusted based on
experiences or new technologies.
The bill sets out several factors to be used by the FAA in
determining whether a flight is a commercial air tour operation
and thus, regulated by an ATMP. To determine if a flight is an
air tour operation, the Administrator may consider whether
there was a holding out to the public of a willingness to
conduct a sightseeing flight for compensation or hire. The
Administrator may also look at whether the person offering the
flight referred to areas or points of interest on the surface
below the route of the flight either in written or oral
narrative form as well as the area the person offering the
flight operates in. For example, if the flight is offered only
around areas where there are no points of interest, this could
be a factor against a determination that an air tour is being
offered. The Administrator may also look at the frequency of
the flight offered and the route of the flight. If the flight
is cancelled because there is poor visibility on the surface
below the route of the flight, this could be a factor in a
finding that a commercial air tour is being offered. The
Administrator may also look at whether the inclusion of sight
seeing flights is offered as part of a travel package by the
person offering the flight. In addition, the legislation gives
the Administrator the power to consider other factors that he
or she may find appropriate.
The bill requires the FAA to grant interim operating
authority (IOA) to an air tour operator who applies for
operating authority at a park where he or she is an existing
air tour operator. IOA allows the operator to fly its existing
air tour routes over the park while an ATMP is being developed.
The Committee realizes that, in some cases, the ATMP process
may be drawn out, especially over parks where air tours are
highly controversial. Historical flights for purposes of an IOA
will be determined by the greater of the number of flights
provided by the operator in the 12 months preceding enactment
of this law or the average number of flights in a 12 month
period over the preceding three years and for seasonal
operations, the number of flights used during the season or
seasons during that 12 month period. This provision allows the
operator to account for a drop in operations in the preceding
12 months if he or she operated more flights per year on
average for the preceding 3 years. The operator is not allowed
to increase the number of flights determined to be allotted to
him or her under the IOA without approval by the Administrator
and the Director. However, in some cases, the operator may be
able to receive more flights. This might occur if he introduces
quiet technology in his flights or if another operator at the
same park cuts down on its operations and leaves a demand for
air tours.
The IOA must be published in the Federal Register with an
opportunity for notice and comment. It may be revoked by the
Administrator for cause and shall terminate 180 days after the
establishment of an ATMP for that park. The IOA must promote
the protection of national park resources; visitor experiences
and tribal lands; safe operations of commercial air tours; the
adoption of quiet technology; and shall allow for modifications
based on experience if the modifications improve the protection
of park resources and values and tribal lands.
Exemptions.--This legislation is not intended to apply to
Grand Canyon National Park or any national park or land in
Alaska as there is already legislation addressing park
resources and values for both Alaska and the Grand Canyon
(Public Law 100-91). If the legislation addressing the Grand
Canyon should for some reason become ineffective, then this
legislation will apply to the Grand Canyon National Park.
Advisory group.--The bill also sets up an advisory group to
continue to provide insight and advice regarding commercial air
tour operations over and near national parks. This group will
deal with any issues that may arise with respect to
implementation of this legislation, the development of quiet
aircraft technology that could be used in commercial air tour
operations and other measures that might be taken to
accommodate the interests of visitors to national parks and
provide recommendations to the Administrator and Director on
these issues. The Administrator and the Director may also
request that the group provide recommendations on safety,
environmental and other issues related to commercial air tour
operations. The group will be composed of representatives from
the interest groups that have been involved in the regulatory
and legislative process.
Miscellaneous Issues
Title VII of the reported bill includes several other
issues that have been brought to the Committee's attention.
Some of them are discussed below.
Disposal of airport property.--As a general matter, the
Committee is concerned about the threat to general aviation
airports. Accordingly, the reported bill includes a provision
to ensure that there is more careful consideration before an
airport is closed or some of its property sold. The provision
(section 136) requires an airport to notify the public before
disposing of airport land. FAA must consider the current and
future needs of airport users before permitting such a property
sale. This should help preserve general aviation airports.
In this connection, the Committee has heard that there are
numerous instances of revenue diversions and lack of timely
payback of funds when grant releases are approved. If accurate,
this warrants changes to the FAA's grant assurance enforcement
program.
Improvements to leased properties.--A line of Comptroller
General decisions generally prohibit an agency from making
improvements to leased property unless there is specific
authority to do so (See 65 Comp. Gen. 722 (1986)). However, the
Comptroller General has allowed such improvements if (1) the
cost of the improvements are in reasonable proportion to the
overall cost of the lease, (2) the improvements will be used
for the principal benefit of the government, (3) the proposed
improvements are incidental to and essential for the
accomplishment of the agency's mission, and (4) the interest of
the government in the improvements is protected.
This is problematic for the FAA because it will often lease
property for its air traffic facilities for free or for low or
nominal rent. As a result, it may be unable to satisfy the
first condition that the cost of the improvements is in
reasonable proportion to the overall cost of the lease.
Section 709 of the reported bill addresses this problem by
allowing the FAA, in cases where the property is leased for
free or nominal rent, to make improvements to that property
even if the cost of the improvements are more than the cost of
the lease as long as the other three prongs of the Comptroller
General's test are satisfied. By nominal rent, the Committee
does not necessarily mean rent of $1 or less but rather rent
that is significantly below fair market value. This section
should not be construed as changing the basic prohibition
against making improvements to leased property without specific
authority to do so.
Public availability of pilot records.--Section 711 of the
reported bill allows the FAA to renew its long-standing
practice of making lists of airmen certificates available to
the public. These lists allow for the dissemination of
important aviation information to pilots and to the flying
public. Pilots have had the opportunity to remove their names
from such lists but FAA did little to make pilots aware of that
option. This provision requires that, before an airman's
address is released, the airmen be given an opportunity to
prohibit the FAA from releasing it. The provision directs the
FAA to recommence making the list available to the public
subject to the required notification. The provision further
directs the FAA to work with the aviation industry to develop a
more effective program to publicize the ``opt-out'' opportunity
in conformity with most direct mail practices. Such efforts
must include, within 60 days of enactment, a one-time written
notification to airmen of the advantages and disadvantages of
having their address released and the opportunity to elect that
their address not be released.
Alaska guide pilots.--In Alaska, there are people who earn
a living by guiding tourists on hunting or fishing trips. Since
air travel is often the only way to get to one's destination in
Alaska, the guide will usually fly customers to the hunting or
fishing spot.
For many years the FAA regulated these guide pilots under
14 CFR Part 91. However, on January 2, 1998, the FAA published
a notice in the Federal Register that, in the future, these
pilots would be regulated under the more stringent requirements
of 14 CFR Part 135. This could have a serious adverse impact on
these guides and could put many out of business.
The Committee is concerned that such a dramatic reversal of
long-standing practice could be taken by an agency without
giving the affected people an opportunity to comment.
Accordingly, section 725 of the reported bill requires FAA to
rescind its earlier notice and give the public a opportunity to
comment on a new set of rules. The new rules would be similar
to current part 91 regulations but with certain specified
enhancements designed to improve the safety of Alaska guide
pilots.
Noise.--Congress recognizes the airspace over New York and
New Jersey has some of the densest airline traffic in the
country, and as such the residents of New York and New Jersey
feel that they suffer from some of the worst aircraft noise in
the United States.
Congress is concerned about the FAA's failure to alleviate
aircraft noise over New York and New Jersey and provide
substantial relief to the residents of these states.
The FAA should provide real and substantial air noise
relief to the residents of New York and New Jersey. The FAA is
further directed to work with local officials, citizens
advocacy groups, and the Port Authority of New York and New
Jersey to develop and take appropriate steps to reduce aircraft
noise over New York and New Jersey as soon as possible.
Weather.--FAA and the National Weather Service have
recently completed a plan to terminate their joint program for
installing and maintaining equipment providing automatic
weather observations, known as ASOS. During this program's
life, users have identified numerous problems, many of which
remain unresolved. Yet, the Committee is concerned that the FAA
still does not have formal plans to meet existing and future
weather reporting requirements, especially at smaller airports,
with commercial technologies. Given the importance to aviation
safety of timely and accurate weather reporting, the Committee
requests that the FAA report no later than March 31, 2000 with
a detailed plan on future requirements leading to a competitive
procurement of commercial, off-the-shelf automated weather
observing systems incorporating current technology or a
detailed explanation as to why such a plan would not be
appropriate.
Procurement.--The Committee encourages the FAA to review
its procurement practices. In general, FAA's procurement
inquiries or requests should be designed to include as many
qualified venders as possible. Specifically, procurement
specifications should not contain the name or part number of a
particular vendor where multiple approved vendors exist.
Local Area Augmentation System.--The committee applauds the
FAA's formation of Government Industry Partnerships for the
deployment of the Local Area Augmentation System (LAAS). The
committee has long been supportive of the Government/Industry
Partnership concept as an innovative way of doing business.
The first public use LAAS systems will be available in mid
2001. In order to take full advantage of this critical
technology as soon as possible, the committee believes the FAA
should ensure robust funding for this program, including funds
to begin the procurement of LAAS stations in FY 2001.
Remote maintenance monitoring.--Remote maintenance
monitoring (RMM) systems offer advantages to the FAA by
improving the productivity of system specialists and providing
more continuous monitoring of air traffic control facilities
and equipment. The FAA's new radar systems have RMM capability.
However, older systems may not have this capability and their
continued use, without RMM, may not be cost-effective or allow
service outages that could have been avoided with better
monitoring. The Committee recommends that the FAA evaluate
whether installing RMM on these older facilities and equipment
would be a good investment, including identifying what
personnel benefits such a plan might provide, and report to the
Committee on this matter.
Software procurements.--The Committee recommends that the
FAA assess the prior work of the Office of Information
Technology and identify processes and guidelines to help the
FAA address the shortcomings noted in software dependent
procurements. The Committee encourages the FAA to conduct an
in-depth analysis of the processes within the FAA which are
affected by commercial off the shelf technologies, identify new
methods to test and validate safety critical systems that are
not dependent on source code analysis, and investigate ways to
reduce cost and time to establish high confidence in a system.
New towers.--The Committee is concerned that FAA is not
following announced schedules for the construction of new
towers. In some cases this delay will result in problems such
as ``line-of-sight'' blockage of part of a main runway and
adjacent taxiway system and force continued reliance on an
existing, inadequate control tower. In other cases, the tower
height is below FAA sighting standards for visual monitoring of
aircraft and airport vehicle movements. The Committee is
concerned about potential hazards of this type and urges FAA to
follow their original construction schedule in these instances.
Conclusion
The Aviation Investment and Reform Act for the 21st Century
(AIR 21) is a comprehensive reauthorization of the Federal
Aviation Administration and the Airport Improvement Program. It
seeks to address many of the problems plaguing our aviation
system, by making our airports and skies safer, by injecting
competition into the airline industry, and by ensuring that the
investment taxpayers have made in the Aviation Trust Fund is
returned in the form of affordable, safe air travel.
AIR 21 is a comprehensive 5-year authorization that will
benefit all sectors of the airport and airway system.
Specifically:
For safety
Provides substantially more money for runways and other
equipment at airports that will enhance safety there;
Ensures that FAA has the funding to hire and retain the air
traffic controllers, maintenance technicians, and safety
inspectors necessary for the safety of the aviation system;
Increases the FAA's facilities & equipment budget by 50% so
that the agency can modernize our antiquated air traffic
control system;
Authorizes funding to improve the training of airport
screeners;
Makes runway incursion prevention devices and wind shear
detection devices eligible for AIP funding;
Requires cargo airlines to install collision avoidance
systems on their aircraft;
Provides whistleblower protection for both FAA and airline
employees so they can reveal legitimate safety problems without
fear of retaliation;
Ensures that funding is available to raise safety standards
at small airports.
For competition
Provides substantially more money to build terminals,
gates, taxiways, and other infrastructure to allow additional
competition at airports;
Abolishes slots at airports in Chicago and New York to
permit new competition there;
Requires medium and large hub airports to file a
competition plan so that resources can be directed to those
projects that will do the most to enhance competition.
For the environment
Significantly increases the amount of money available for
noise abatement projects;
Creates a new environmental streamlining program similar to
the one in TEA-21;
Establishes a regulatory regime to quiet air tours over our
national parks;
Funds a program to encourage airports to use low-emission
vehicles.
For small airports
Triples the amount of the minimum entitlement for non-hub
airports from $500 thousand to $1.5 million per year;
For the first time, provides entitlement money for general
aviation airports (this is based on their needs as set forth in
FAA's national plan of integrated airport systems (NPIAS) to a
maximum of $200 thousand per year);
Triples the small airport fund;
Authorizes a contract tower cost sharing program so that
small airports can get the benefits of air traffic control
services;
Creates a loan guarantee program to help airlines buy
regional jets if they agree to use them to serve small
airports;
Creates a new funding program to help small underserved
airports market and promote their air service.
For large airports
Triples the amount of the annual passenger entitlement for
primary airports (airports with 10,000 or more passengers per
year);
Lifts the $22 million cap on the amount of annual
entitlement money that a large airport can receive;
More than doubles the amount of entitlement money for cargo
airports;
Increases the discretionary fund so that FAA can fund many
high- priority airport improvement projects;
Protects funding for Letters of Intent (LOIs) and makes
clear that it is not necessary that an airport assess a
passenger facility charge (PFC) in order to get an LOI;
Raises the cap on the PFC so that an airport has the
flexibility to proceed on its own with those improvement
projects that cannot be funded through the Federal Airport
Improvement Program.
For pilots and passengers
Reforms the management of the FAA's air traffic control
system by creating an oversight board similar to the one
established in the recent IRS reform legislation;
Strengthens the provisions of the Aviation Disaster Family
Assistance Act that was created following the Valujet and TWA
800 crashes;
For the first time, explicitly prohibits racial
discrimination in air travel;
Allows pilots to appeal an emergency revocation of their
license to the safety board;
Ensures that the taxes pilots and passengers pay will
actually be used to fund the safety, security and
infrastructure they need for a safe and expeditious journey.
Section-by-Section Summary
Section 1.--Short title; table of contents
This section provides that the Act may be cited as the
``Aviation Investment and Reform Act for the 21st Century.''
Section 2.--Amendments to title 49, United States Code
This section states that the amendments in this bill are to
Title 49 of the U.S. code.
Section 3.--Applicability
States that except where stated otherwise, the provisions
of this bill take effect in fiscal year 2000.
Section 4.--Administrator defined
States that the term ``Administrator'' means the FAA
Administrator.
TITLE I.--AIRPORT AND AIRWAY IMPROVEMENTS
Section 101. Airport Improvement Program
Authorizes the following for the Airport Improvement
Program (AIP):
$2.475 billion for fiscal year 2000,
$4 billion for fiscal year 2001
$4.1 billion for fiscal year 2002
$4.25 billion for fiscal year 2003, and
$4.35 billion for fiscal year 2004.
Section 102. Airway facilities improvement program
Subsection (a) authorizes the following for FAA's
Facilities & Equipment (F&E) program:
Such sums as may be necessary for fiscal year 2000,
$2.5 billion for fiscal year 2001, and
$3 billion for each of fiscal years 2002 through
2004.
Subsection (b) states that of the amount authorized in
2000, $8 million may be used to purchase and install universal
access systems at airports. Nothing in this subsection shall be
construed as requiring airports to purchase and install such
systems although the Committee believes it would be desirable
if they do so voluntarily.
Section 103. FAA Operations
Subsection (a)(1) authorizes the following for FAA
Operations account:
Such sums as may be necessary for fiscal year 2000,
$6.450 billion for fiscal year 2001;
$6.886 billion for fiscal year 2002;
$7.357 billion for fiscal year 2003, and
$7.860 billion for fiscal year 2004.
Subsection (a)(2) states that of the amounts authorized
from 2000 to 2004:
(A) Four-hundred-fifty thousand dollars per year may
be used for wildlife hazard mitigation measures;
(B) Such sums as may be necessary may be used to fund
an office in FAA that is dedicated to supporting
infrastructure development for the general aviation and
the helicopter industry;
(C) Such sums as may be necessary may be used to
modify existing air traffic control procedures to
accommodate the tilt-rotor aircraft;
(D) Such sums as may be necessary may be used to
develop approach procedures to better enable
helicopters to bring patients to hospitals;
(E) Three million dollars per year may be used to
implement the FAA's plan to reduce runway incursions;
(F) Two million dollars per year may be used to fund
a university consortium to provide an air safety and
security management certificate program; and
(G) Such sums as may be necessary may be used to
develop and improve training programs for security
screeners.
Subsection (b) allows money to continue to be spent out of
the trust fund for FAA operations in accordance with the
formula in existing law. Whatever portion of FAA operations
that the trust fund does not cover will be paid for from the
general fund of the Treasury. There is a special rule for years
2000 through 2004 that would allow the trust fund limitation to
be increased to ensure that the payment from the general fund
does not exceed the general fund monies provided in FY 1998.
Section 104. AIP formula changes
Subsection (a) eliminates the current cap and floor on the
AIP discretionary fund but ensures that all letters of intent
are funded. If there is not enough money in the discretionary
fund to cover the letters of intent, then the difference would
be made up by pro rata reductions in the entitlements and set-
asides.
Subsection (b) changes the formula for passenger
entitlements at primary airports (those with more than 10,000
passengers in a year).
Paragraph (1) triples the entitlement (the amount of money
that primary airports are guaranteed to receive in a year),
triples the minimum entitlement from $500,000 to $1.5 million
for small primary airports, and removes the $22 million cap on
the maximum entitlement that a large primary airport can
receive.
Paragraph (2) allows an airport to receive its previous
year's entitlement if it has temporarily fallen below the
10,000-passenger threshold as a result of a strike or natural
disaster. This paragraph also allows a new primary airport to
receive the minimum entitlement in its first year without
having to wait for the FAA's official enplanement count. In
other words, if an airport opened in November 1998 or March
1999, it would receive the minimum entitlement in the fiscal
year that begins on October 1, 1999 (i.e. fiscal year 2000).
This applies to new airports not to replacement airports, which
would get the entitlement of the airport it was replacing.
Subsection (c) increases the entitlement for cargo airports
from 2.5% to 3% of total AIP funds.
Subsection (d) increases the State entitlement for general
aviation airports from 18.5% to 20% and makes corresponding
changes to the portion that goes to the territories to ensure
that they do not receive a windfall from this change. From this
20%, each general aviation airport is given an entitlement that
is either $200,000 per year or one-fifth of that airport's
infrastructure needs as set forth in the FAA's national plan,
whichever is less. The remaining amounts are distributed in the
same way as under current law.
Subsection (e) permits money received by Alaska, Hawaii, or
Puerto Rico under the State entitlement to be used for any
public airport in those states.
Subsection (f) permits State entitlement money to be used
for system planning.
Subsection (g) allows State highway specifications to be
used for runway, taxiway, and apron pavement at general
aviation airports serving aircraft that weigh less than 60,000
pounds. FAA may allow this only if it determines that it will
not hurt safety or shorten the life of the pavement.
Subsection (h) increases the noise set-aside from 31% of
the discretionary fund to 34% of that fund and makes a non-
substantive technical change in the set-aside for the military
airport program to allow that program to continue.
Subsections (i) and (j) triple the supplemental
apportionment for Alaska and make technical changes with
respect to Alaska.
Section 105. Passenger facility fees
Subsection (a) authorizes the FAA to permit an airport to
levy a passenger facility charge (PFC) of more than $3 if the
FAA finds that--
(A) The project will make a significant contribution
to improving safety or security, increasing competition
among airlines, reducing current or anticipated
congestion, or reducing the impact of aviation noise;
(B) The project cannot reasonably be expected to be
paid for from the higher AIP; and
(C) The amount of the higher PFC will not be more
than $6.
Subsection (b) directs the FAA to permit an airport to
charge the higher PFC to pay for terminal construction or for a
highway or transit project only if the airport has made
adequate provision for financing the airside needs of the
airport such as runways, taxiways, aprons, and aircraft gates.
Subsection (c) requires a medium or large hub airport that
charges a PFC of more than $3 to forego 75% of its passenger
entitlement money. The money foregone goes into the small
airport fund.
Section 106. Budget submission
Requires the FAA to submit its annual budget estimates to
the authorizing Committees at the same time that it submits
those documents to the Appropriation Committees.
Section 121. Runway incursion prevention devices; emergency call boxes
This section makes runway incursion prevention devices,
such as integrated in-pavement lighting systems, eligible for
AIP grants and directs that they be considered safety devices
for the purposes of FAA's priority system. It also makes
emergency call boxes eligible for funding under the AIP
program.
Section 122. Windshear detection equipment
Makes windshear detection equipment eligible for AIP
funding. The Committee encourages FAA to review the possibility
of using a Light Detection and Ranging (LIDAR) system capable
of measuring and predicting windshear using eye safe
wavelengths. The Committee urges the FAA to continue to review
and proceed with certification activities for LIDAR and other
windshear detection devices where appropriate.
Section 123. Enhanced vision technologies
Requires a study of enhanced vision technologies and makes
them eligible for AIP funding. This section also requires FAA
to submit to Congress a schedule for certifying laser guidance
equipment and cold cathode lighting equipment.
Section 124. Pavement maintenance
Makes routine maintenance work on runways, taxiways, and
aprons eligible for AIP funds at general aviation and small
commercial service airports.
Section 125. Competition plans
Requires medium and large hub airports that are dominated
by one or two airlines to file competition plans in order to
receive an AIP grant or to obtain approval for a PFC after
October 1, 2000. Sets forth the contents of that plan. There is
no requirement for an airport to hold public meetings or engage
in notice and comment procedures in the development of the
plan. Nor does this provision give an airport any authority to
control an airline's rates, routes, or services.
Section 126. Matching share
Permits grants under the State Block grant program to
include a local share that is more than the usual 10%. Also
waives the requirement for a local match at non-hub and general
aviation airports during the first year that the higher funding
levels of this bill go into effect.
Section 127. Letters of intent
This section makes it easier for small hub and non-hub
airports to receive a letter of intent (LOI) by limiting to the
larger airports the criteria that the project must enhance
system-wide capacity significantly.
This section also makes clear that an airport may not be
required to impose a PFC in order to obtain an LOI. When
Congress permitted airports to assess a PFC in 1990, it was
intended to be a purely voluntary choice. It was never intended
that airports would be required to impose PFCs on their
passengers. Congress also spelled out in statute the criteria
by which FAA would decide which airports could obtain LOIs.
Nowhere did the statute provide that an airport's decision to
impose a PFC could be made a criterion by which FAA determined
whether to grant an LOI to an airport. Such a linkage is
contrary to law and contrary to the stated policy of the FAA.
This section reemphasizes that an airport's willingness to
charge a PFC cannot be a criterion in deciding whether that
airport can receive an LOI.
Section 128. Grants from small airport fund
Subsection (a) sets aside $15 million or 20%, whichever is
less, of the amounts in the small airport fund and dedicates it
to non-hub airports for projects that will help bring these
airports into compliance with the standards of the new small
airport certification rules. This set-aside would begin in the
first fiscal year after these new rules take effect. See
section 506 below. It would end 4 years later or when the FAA
publishes a notice stating that all small airports meet the new
standards, whichever occurs first.
Subsection (b) states that when FAA makes a grant from the
Small Airport Fund, it must inform the airport receiving the
grant that the money is coming from that fund. The Committee is
concerned that many small airports are not aware that they are
benefiting from money turned back by the large airports that
have chosen to assess a PFC.
Subsection (c) directs FAA to give runway extension and
other projects that will support operations by turbine powered
aircraft priority for grants from the general aviation airport
portion of the small airport fund when the community is willing
to provide a 40% local share.
Section 129. Discretionary use of unused apportionments
This section amends subsection (f) of section 47117, which
is 47117(g) in current law. The changes are set forth below.
Paragraph (f)(1) states that if the Secretary finds that an
AIP entitlement grant apportioned under section 47114 is not
going to be used, that money can be used for another airport
grant during that fiscal year.
Paragraph (f)(2) specifies that the Secretary should
restore the AIP entitlement grant found not to be required
under paragraph (1), whenever a sufficient amount is made
available under the AIP for grant obligations, unless it was
the last fiscal year of availability of that apportionment.
Paragraph (f)(3) defines the period of availability for the
restored grant. Section 47117 (b) is in the current statute and
defines how long a grant is available. If the grant not
required under paragraph (f)(1) is restored by the first fiscal
year after it was originally available, then it is available as
defined in 47117(b). However, if the grant is restored after
this period, then the grant is available as described under
47117(b) plus the number of fiscal years which sufficient funds
were not available to restore the grant.
Paragraph (3)(A), reserves the amount of grants determined
as not to be required under paragraph (f)(1) that have not been
repaid so that it is not distributed under section 47115.
Paragraph (B) clarifies that paragraph (3)(A) does not
impair the Secretary from using grants identified as not being
required under paragraph (1).
Paragraph (4) specifies that nothing in this subsection
would allow the Secretary to incur grants for a fiscal year
above the amount specified for AIP grants (under section 48103)
Section 130. Designating current and former military airports
Subsection (a) increases the number of airports in the
Military Airport Program (MAP) from 12 to 20 in FY 2001,
requires that at least three of them be general aviation
airports, and allows an airport to be redesignated for the
program for a period of time that is less than the initial 5-
year designation period.
Subsection (b) increases the limit on the amount that can
be spent on terminal buildings at current and former military
airports from $5 million to $7 million.
Subsection (c) increases the limit on the amount that can
be spent on parking lots, fuel farms, utilities, and hangars
from $4 million to $7 million and adds air cargo terminals to
the list of items eligible for funding under this subsection.
Section 131. Contract tower cost-sharing
Paragraph (A) directs DOT to extend the current contract
tower program to air traffic control (ATC) towers that do not
now qualify for the program.
Paragraph (B) requires FAA, in administering this program,
to--
(i) consider analyses and data provided by the
airport;
(ii) select only those airports willing to pay a pro
rata cost of operating the facility; and
(iii) select no more than two airports willing to pay
for a portion of constructing the tower.
Paragraph (C) lists the characteristics of the airport that
the FAA should consider in deciding which ones should get
priority for this program. They are the following:
(i) Airports that are participating in the current
program but have been notified that they will be
terminated because their benefit to cost ratio is less
than 1.
(ii) Towers that the FAA has determined have a
benefit-to-cost ratio of at least 0.85.
(iii) Airports at which the tower was closed as a
result of the air traffic controllers strike in 1981.
(iv) Airports that are receiving subsidized essential
air service.
(v) Airports that are prepared to assume some of the
construction and maintenance costs of the tower.
(vi) Airports with safety or operational problems
related to their topography, weather, runway
configuration, or mix of aircraft.
Paragraph (D) requires the airport or State or local
government to share in the costs of operating the tower to the
extent that the costs of that operation exceed the benefits.
Paragraph (E) authorizes $6 million for this program.
Section 132. Innovative financing techniques
Subsection (a) permits 25 AIP grants using innovative
financing techniques at small hub, non-hub, and general
aviation airports.
Subsection (b) states that the purpose would be to provide
information on the use of innovative financing techniques for
airport development.
Subsection (c) prohibits this section from being used to
guarantee bonds and limits the types of innovative financing
techniques that can be used to the following:
(1) payment of interest;
(2) commercial bond insurance and other credit
enhancements associated with airport bonds; and
(3) paying a higher local share of the grant.
Section 133. Aviation security program
Subsection (a) permits FAA to carry out at least one
program to test and evaluate innovative aviation security
systems and related technology.
Subsection (b) lists the factors that the FAA should
consider in deciding which eligible sponsor should receive the
grant.
Subsection (c) makes clear that this grant does not require
a local share.
Subsection (d) permits FAA to impose terms and conditions
on the grant.
Subsection (e) defines an eligible sponsor as 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. The National Safe Skies Alliance
would be an example of this.
Subsection (f) authorizes $5 million per year for this
program.
Section 134. Inherently Low-Emission Airport Vehicle Pilot Program
Authorizes AIP grants to 10 airports to pay the added cost
of purchasing low-emission vehicles as well as the facilities
and equipment for using those vehicles. Grants are limited to
$2 million per airport and the Federal share of the grant shall
be 50%.
Section 135. Technical amendments
Subsection (a) permits a small commercial service airport
that had a multi-year agreement with FAA for grants for
terminal development to continue to receive those grants from
the discretionary fund even if it loses its primary airport
status, subject to the availability of funds.
Subsection (b) permits an airport to waive the PFC for
airlines that carry very few passengers at the airport, for
passengers traveling to an airport that has less than 2,500
passengers per year, and for passengers traveling to a
community that has less than 10,000 people and is not connected
by a highway to the National Highway System.
Section 136. Conveyances of airport property for public airports
Subsection (a) requires notice and comment before FAA may
waive an assurance that an airport made when it received an AIP
grant to buy land.
Subsection (b) requires notice and comment before the FAA
gives up its reversionary interest in land that an airport
received from the U.S. government.
Subsection (c) gives priority consideration to a request of
an airport for surplus government property.
Subsection (d) requires notice and comment before FAA
waives a restriction on an airport's use of its property that
it had received from the government's surplus property. The
length of the comment period is not specified here or in the
subsections above but the Committee would suggest 45 days as an
appropriate period.
Subsection (e) requires FAA to consider the current and
future needs of airport users in deciding whether to grant the
waiver in subsection (d).
Subsection (f) makes technical changes in the use of
terminology.
Section 151. Treatment of certain facilities as airport-related
projects
Specifies in more detail the ``related areas'' of the
airport gate to enable construction of these areas to be paid
for with PFC revenue.
Section 152. Terminal development costs
Subsection (a) enables non-hub and small hub airports that
borrowed money to build a terminal after August 1, 1986 to use
PFC revenue to pay off the debt if the airport has suffered a
decline in passengers of at least 16% between 1989 and 1997.
Subsection (b) allows non-hub and small hub airports that
borrowed money to build a terminal between August 1, 1986 and
September 30, 1990 or between June 1, 1991 and October 31, 1992
to use entitlement funds to pay off the debt if (A) the airport
submits the required certification, (B) FAA decides that using
entitlement funds to pay off debt will not defer any project
affecting safety, security, or capacity, and (C) the airport
will not use AIP money for new terminal development within 3
years after using entitlement money to pay off the old debt.
Subsection (c) conforms section 47119(c) in existing law to
the change made by subsection (b) above.
Subsection (d) requires FAA to use the most recent year's
aviation activity at a small airport to determine the number of
passengers at the airport and whether the airport is receiving
scheduled passenger aircraft service if that would qualify that
airport for discretionary money for terminal development.
Currently, general aviation airports cannot receive AIP grants
for terminal development. But, at some, commercial service has
begun recently. However, FAA does not consider them small
commercial service airports (thereby qualifying them for
terminal development grants) until the official enplanement
count is completed. There is often a 2-year lag time before
this is done. This provision directs FAA to look at aviation
activity at the airport in the year scheduled air service
begins there to determine whether the airport has the 2,500
passengers and scheduled operations that would qualify it for
small commercial service status and thereby for terminal
development grants.
Section 153. General facilities authority
Subsection (a) requires FAA to maintain an inventory of
Instrument Landing Systems in light of the uncertainties
surrounding the Wide Area Augmentation System.
Subsection (b) requires FAA to maintain and upgrade Loran-C
for the same reason.
The Committee continues to be concerned about the delays
and uncertainty associated with the Wide Area Augmentation
System (WAAS). The committee is aware that the FAA conducted a
market survey to establish that a capability exists for
procurement of several existing Instrument Landing Systems
(ILS) and validated that more than 160 airport runway locations
qualify for the new ILS systems.
Based on demands for ILS systems, the Committee directs FAA
to promptly initiate a multi-year procurement for additional
ILS systems. The committee has authorized funds to initiate
this program, including funds for site preparation and approach
lighting systems, and directs that the FAA competitively
procure equipment to assure that the maximum number of airports
benefit from this program. This procurement should consider
systems that do not need additional development. The committee
believes that implementing such a program will ensure that
near-term safety and capacity needs of airports are met while
the FAA implements satellite navigation.
Section 154. Denial of airport access to certain air carriers
Requires FAA to permit an airport that will be subject to
the new certification requirement for small airports (see
section 506 below), but does not intend to obtain such a
certificate, to block scheduled passenger operations and public
charter operations there. Otherwise passengers will suffer
disruption when the new certification rules go into effect
because scheduled service will cease.
Section 155. Construction of runways
This section counters provisions in Appropriations Acts
that prevent funding for an additional runway at a particular
airport. It is not intended by this provision that that airport
be given any special priority for AIP grants, only that it be
given the same opportunity as any other airport to receive such
grants.
Section 156. Use of recycled materials
Authorizes $1.5 million for a study of the safety and
environmental implications of using recycled materials in
airport pavement. The FAA may contract with a University to
carry out the study. A report to Congress is required one year
after enactment.
title ii.--airline service improvements
Section 201. Access to high density airports
Subsection (a) eliminates slot restrictions at all airports
except Ronald Reagan Washington National Airport on March 1,
2000.
Subsection (b) allows DOT to issue slot exemptions to
permit not more than 2 flights per hour and 6 flights per day
from an underserved airport or in an underserved market to
Ronald Reagan Washington National Airport. The flights to
Reagan National must be within the 1,250 mile perimeter and use
Stage 3 aircraft. Airlines interested in providing the flights
must apply to DOT. The application process cannot begin until
30 days after enactment. DOT is required to make a decision on
an application within 120 days. If the Secretary does not do
so, the airline can begin the service until DOT acts or FAA
determines the additional service to be unsafe. The
introductory clause of section 41714(e)(4) is designed to
ensure that the Secretary cannot use the obligations or
limitations of any other law as an excuse for not meeting the
120 deadline. However, that clause does remain subject to the
FAA's safety authority as set forth at the end of the
paragraph. The airline may continue to hold the exemption from
the slot rules as long asit continues to provide the service to
the small airport or the underserved market that was the subject of the
original application. It cannot take the slot exemption and use it to
serve another airport or market. If the airline attempted to do so, the
Secretary would be expected to withdraw the exemption and take other
appropriate enforcement action. Whether a carrier is owned, allied or
has another sort of relationship with some other carrier should not
affect its ability to obtain slot exemptions under this provision.
Section 202. Funding for air carrier service to airports not receiving
sufficient service
Subsection (a) increases the amount of money in the current
fund in 49 U.S.C. 41742 from $50 million to $60 million.
Subsection (b) states that the money in this fund shall be
spent as follows:
(A) $50 million to carry out the Essential Air Service
(EAS) Program;
(B) $10 million to subsidize air service to an
underserved airport for no more than 3 years or to
assist an underserved airport to market or promote its
air service.
Any money left over is to be used to improve air safety at
rural airports (those with less than 100,000 passengers). The
100,000 threshold is used because it is consistent with the
definition of rural airports for ticket tax purposes in section
1031(e) of Public Law 105-34, 111 Stat. 930. If more than $60
million becomes available to the fund in 49 U.S.C. 41742, at
least half of that additional amount must be used for the
subsidy and marketing at underserved airports described in
paragraph (1)(B) above. In addition to the $10 million
guaranteed, this subsection also authorizes an additional $15
million for the same subsidizing and marketing program. DOT is
directed to give priority for funding for the marketing program
to those communities that are willing to provide local tax
revenue to assist in the effort to improve air service at their
airport. The airports that qualify for this program are non-hub
and small hub airports that DOT determines have insufficient
air service or that are on DOT's list as having unreasonably
high air fares (an average yield of more than 19 cents).
Section 203. Waiver of local contribution
Waives the local contribution that is required for certain
communities receiving subsidized essential air service if the
community was designated as eligible or its proposal was
approved within the specified dates.
Section 204. Policy for air service to rural areas
Adds to the statement of general policy the goal of
ensuring that everyone, including those in small communities
and rural areas, has affordable access to scheduled air
service.
Section 205. Determination of distance from hub airport
Several Appropriations Acts have restricted eligibility for
subsidized air service under the essential air service program
to communities that are more than a specified distance from a
hub airport. This section states that in making a determination
as to whether a community is eligible under the distance
criteria, DOT shall measure the distance using the most
commonly used highway route between the community and the hub
airport.
Section 211. Establishment of regional air service incentive program
This section adds a new Subchapter III at the end of
Chapter 417, as follows:
Section 41761 states that the purpose of the program is to
improve jet service to underserved markets by assisting
commuter airlines in the purchase of Regional Jets.
Section 41762 defines terms.
Section 41763 authorizes, subject to appropriation, DOT to
make Federal credit instruments in the form of secured loans,
loan guarantees and lines of credit for aircraft purchases
available to commuter airlines and new airlines.
Subsection (b) establishes conditions and limitations on
the secured loans. The subsection states that DOT may not
provide a secured loan that--
(1) exceeds 50% of the purchase price of an aircraft
and the value of any manufacturer discount, post-
purchase options or other discounts;
(2) permits repayment more than 18 years after the
date of execution; or
(3) in conjunction with any other Federal credit
instrument, exceeds $100 million for any single
obligor.
The Secretary may allow a secured loan to be subordinate to
claims of other debt holders. The Secretary may also allow
scheduled loan repayments to be deferred up to three years
after the date of execution of the loan agreement.
Subsection (c) establishes conditions and limitations on
the loan guarantees. The subsection states that DOT may not
make a loan guarantee--
(1) for more than the unpaid interest and 50% of the
unpaid principal;
(2) for any loan or combination of loans that exceeds
50% of the purchase price of an aircraft and the value
of any manufacturer discount, post-purchase options or
other discounts;
(3) on any loan that permits repayment more than 15
years after the date of execution; or
(4) that, in conjunction with any other Federal credit
instrument, exceeds $100 million for any single
obligor.
Subsection (d) establishes conditions and limitations on
the lines of credit. The subsection states that DOT may not
provide a line of credit that --
(1) exceeds 50% of the purchase price of an aircraft
and the value of any manufacturer discount, post-
purchase options or other discounts;
(2) allows that amount drawn in any year to exceed 20%
of the total line of credit; or
(3) is available more than 5 years after the aircraft
purchase date.
Any draw on a line of credit shall represent a direct loan
and may be subordinate to the claims of other debt holders.
Repayment of such direct loan may not be deferred more than
three years after the date of execution and must be repaid in
full not later than 18 years after the date a draw on the line
of credit.
Subsection (e) states that that before entering into an
agreement to make available a Federal credit instrument under
this section, the Secretary shall consult with the Director of
the Office of Management and Budget to determine the
appropriate capital reserve subsidy amount for that Federal
credit instrument based on any credit evaluation deemed
necessary by the Secretary.
Subsection (f) requires DOT, before making a Federal credit
instrument available, to find that:
(1) the aircraft being purchased is a regional jet;
(2) the airline will use the jet to serve an
underserved market with at least 2 round-trips per day,
5 days per week; and
(3) the airline will be able to repay the Federal
credit instrument.
Subsection (g) states that DOT may not allow the combined
amount of Federal credit instrument available for any aircraft
purchase to exceed--
(1) 50% percent of the cost of the aircraft purchase;
or
(2) $100,000,000
Subsection (h) states that the aircraft purchased with a
Federal credit instrument under this section must be a stage 3
quiet aircraft.
Subsection (i) requires the aircraft purchased with Federal
credit instruments be used to serve an underserved market for
at least 3 years.
Section 41764 permits DOT to utilize the services of other
Federal agencies in implementing this program and requires DOT
to make available to GAO any information requested.
Section 41765 authorizes the use of funds made available by
appropriations to the Department of Transportation for purposes
of administration in addition to any fees collected under this
subchapter to cover administrative expenses under this
subchapter.
Section 41766 authorizes appropriations for subchapter III
of chapter 417 of title 49 USC for the fiscal years 2000
through 2004.
Section 41767(a) terminates authority of the Secretary of
Transportation to issue Federal credit instruments under this
subchapter after 5 years.
Section 41767(b) requires the Secretary to continue to
administer the program established this subchapter until all
obligations associated with any Federal credit instrument have
been satisfied.
All commuters are to be treated equally under this program
regardless of whether they are owned by, allied with, code-
share with, or have some other relationship with a major
airline.
TITLE III.--FAA MANAGEMENT REFORM
Section 301. Air Traffic Control System defined
Defines the elements and functions of the FAA that will be
subject to oversight by the new management board established in
the next section. The intent of this language is to make clear
that all areas involved in the performance of air traffic
services would fall into this category. Besides those areas
specifically mentioned in the bill, this would include elements
of the FAA that (a) plan, monitor, control, schedule and
implement the acquisition of material, equipment and services
for the National Airspace System (NAS), (b) manage, direct, and
coordinate the research, development, acquisition, testing,
integration and support of air traffic systems, (c) research,
develop, acquire, test, implement, and support communications,
navigation, and surveillance system requirements for the NAS,
(d) develop programs for applying new scientific and advanced
technologies to meet NAS requirements, (e) develop flight
procedures and, (f) plan, develop, and deploy the free flight
program.
Section 302. Air Traffic Control Oversight Board
Subsection (a) establishes the Board. The Board shall be
composed of 9 members. Six shall be non-Federal employees
appointed by the President and confirmed by the Senate. The
remaining three shall be the DOT Secretary, the FAA
Administrator, and the head of one of the air traffic control
system unions. The members of the Board must be U.S. citizens
and have expertise in an area relevant to the Board's
responsibilities. At least 3 of the 6 non-Federal employee
members should have a background in aviation but none may have
a pecuniary interest or be engaged in an aviation business or
be a member of an aviation advocacy organization when serving
onthe Board. The members are appointed for staggered 5-year
terms except the union head, whose term shall be for 3 years or the
length of service as union chief, whichever is less. A member cannot
serve more than two 5-year terms. Five members of the Board shall
constitute a quorum. A member may be removed only for cause. The Board
is responsible for overseeing the air traffic services strategic plan,
its modernization program, operational plans, appointment of top
officials, and budget. The DOT Secretary and the FAA Administrator must
report any action overturning a Board decision to the President and to
the relevant Committees of the House and Senate.
Subsection (b) requires the President to submit nominations
for the Board within 3 months and protects any FAA actions
taken before the appointment of the Board.
Section 303. Chief operating officer
Requires the appointment of a Chief Operating Officer (COO)
to manage the day-to-day operation of the air traffic control
system. The COO is appointed for 5 years by the FAA
Administrator, subject to approval by the Board, and may be
removed by the Administrator.
Section 304. Federal Aviation Management Advisory Council
Under existing law, the President, with the advice and
consent of the Senate, appoints this Council. This section
retains this procedure for the initial appointments to the
Council. However, the DOT Secretary will make all subsequent
appointments. The Committee is disappointed that, more than two
years after its creation, no member of this Council has been
appointed. Part of the reason for this is the current
appointment process. Moving the responsibility for appointments
down to the Secretarial level should help speed up the process.
It will also make clear that the new Oversight Board has a
higher stature than this Council. The Council is to be composed
of aviation interests that advise the FAA while the Board is to
be composed of independent interests that oversee portions of
the FAA. However, the Committee is aware that the current
presidential appointment process for the Council is moving
forward and we do not want this legislation to interfere with
that. The Council should be appointed as soon as possible.
Therefore, the reported bill retains the method of appointment
in current law for the initial appointments, with the Secretary
making all subsequent appointments.
Section 305. Environmental streamlining
Subsection (a) sets forth a process where the Secretary of
Transportation will develop a coordinated environmental review
process for aviation infrastructure projects that requires a
federal environmental review, analysis, opinion, permit,
license or approval. The Secretary shall implement this process
through Memoranda of Understanding with the appropriate Federal
or State agencies that set forth a cooperatively determined
time period to do concurrent review. This time period shall
take into account agency resources and statutory commitments.
Subsection (b) states that the coordinated environmental
review process shall include an identification of all potential
Federal agencies that have jurisdiction by law over
environmental related issues that may be affected by the
project or may be required by Federal law to conduct an
environmentally related review or analysis or issue a permit,
license, approval or opinion on the environmental impact of the
project. The Secretary and the head of each identified Federal
agency shall establish time periods for review for all agency
environmental comments, analyses, permits, licenses, or
approvals so that each agency's approval shall be completed
within the established time periods for review. These reviews,
including those required by the National Environmental Policy
Act (``NEPA''), shall be conducted concurrently, unless
conducting a concurrent review would result in a significant
adverse effect on the environment, would substantively alter
Federal law, or would not be possible without information
developed during the review process. This last exception is
intended to ensure that agencies are not put in the position of
having to complete environmental reviews before they have
sufficient information to conduct a sufficient review. Any time
periods established under this section should be consistent
with time periods established by the Council on Environmental
Quality. The Secretary and any concerned Federal agency may
extend the agreed upon time period if additional time is needed
for analysis and review as a result of new information that
could not have reasonably been anticipated.
Subsection (c) states that the Secretary may close the
record on the matter if a Federal agency has not completed its
review within the agreed upon time period. If the Secretary
finds that an environmental issue has not been resolved after
timely compliance with the review process, the Secretary and
the head of the involved agency shall resolve the issues within
30 days of the Secretary's finding.
Subsection (d) states that for any project eligible for
AIP, a State may require its agencies that have jurisdiction
over any environmental aspects of the project to be subject to
the coordinated environmental review process unless the
Secretary determines that the State's participation would not
be in the public interest.
Subsection (e) states that the Secretary may make funds
available to an affected Federal agency to provide resources
necessary to meet any time limits established under this
section upon request by a State or recipient.
Subsection (f) states that this section shall not affect
the reviewability of any final agency action in federal or
state court or the applicability of NEPA.
Subsection (g) defines the term Federal Agency.
Section 306. Clarification of regulatory approval process
The Committee is concerned about delays in promulgating
rules that are caused by lengthy and, in many cases,
unnecessary Secretarial review. Rules like upgrading safety
standards for repair stations have languished for no apparent
reason. Accordingly,this section raises from $100 million to
$250 million the threshold that would trigger Secretarial review of an
FAA regulation. It also limits the type of regulations that would be
considered significant enough to justify Secretarial review.
Section 307. Independent study of FAA costs and allocations
Directs the DOT Inspector General to undertake an analysis
of the cost accounting system that FAA is developing to ensure
that it is appropriate, reasonable, and understandable.
TITLE IV.--FAMILY ASSISTANCE
Section 401. Responsibilities of National Transportation Safety Board
Subsection (a) makes three changes to the current
moratorium on lawyer solicitation of families following an
accident. These changes are--
(A) Applying the moratorium to accidents involving
foreign airlines that occur in this country;
(B) Applying the moratorium to associates, agents,
employees or other representatives of the attorney; and
(C) Increasing the moratorium period from 30 to 45
days.
The last two changes adopt recommendation 7.2 of the Final
Report of the Task Force on Assistance to Families of Aviation
Disasters that was established pursuant to section 704 of the
Aviation Disaster Family Assistance Act of 1996, 110 Stat.
3268. This subsection also provides for enforcement of the
moratorium on lawyer solicitation.
Subsection (b) allows counselors and mental health workers
of the Red Cross (or other designated organization) to offer
their services at the crash scene for 30 days even if they are
not licensed in that state. The NTSB's family liaison can
extend this period for another 30 days if needed and if the
local authorities are notified. This implements Recommendation
6 of the Task Force.
Subsection (c) extends the family assistance services to
employees of foreign airlines and to other people aboard the
flight even if they did not pay for the seat or hold a
reservation for the flight.
Subsection (d) moves the free-standing provision in section
705 of the Family Assistance Act into Title 49.
Section 402. Air carrier plans
Subsection (a) mandates several changes to the airlines'
disaster assistance plans. These changes are--
(1) Requiring airlines, upon request, to inform the
family as to whether the person had a reservation on
the flight (This implements Task Force Recommendation
1.2.4.);
(2) Requiring airlines to provide adequate training
to employees in meeting the needs of families (This
implements Task Force Recommendation 1.4);
(3) Requiring airlines to update their disaster
assistance plans in light of the above new requirements
within 180 days; and
(4) Requiring airlines to consult with the NTSB and
the State Department when they help families in the
U.S. affected by a crash outside the country.
Subsection (b) limits the liability of an airline that
informs a family as to whether the person had a reservation on
the flight.
Subsection (c) is the same as subsection 401(d) above.
Section 403. Foreign air carrier plans
Subsection (a) adds non-revenue passengers to those
entitled to services under the Aviation Disaster Family
Assistance Act.
Subsection (b) changes a word so that the portions of the
statute dealing with U.S. and foreign airlines will be
consistent.
Subsection (c) requires foreign airlines to provide the
same training to employees as U.S. airlines. Foreign airlines
are given 180 days following the date of enactment to update
their disaster assistance plans to reflect this. It also
requires foreign airlines to consult with the NTSB and the
State Department when they help families in the U.S. affected
by a crash outside the country.
Section 404. Applicability of Death on the High Seas Act
Makes clear that the Death on the High Seas Act does not
apply to aviation accidents. The provision does not say what
law would apply as the Committee expects courts to apply normal
choice of law analysis considering such things as where the
ticket was bought, where the parties reside, etc.
TITLE V.--SAFETY
Section 501. Cargo collision avoidance systems deadline
Subsection (a) requires cargo aircraft with a maximum
certificated takeoff weight in excess of 15,000 kilograms
(about 33,000 pounds) to be equipped with collision avoidance
systems by December 31, 2002 that provide a margin of safety
that is at least as good as TCAS II. According to FAA
officials, this would cover aircraft as small as the Fokker 27.
Subsection (b) permits FAA to extend the deadline 2 years
if that would promote safety.
Section 502. Records of employment of pilot applicants
Makes the following changes to the Pilot Records
Improvement Act:
(1) Exempts the military from the requirement to
provide records;
(2) Limits the records that must be provided to those
that involve the individual's performance as a pilot;
(3) Allows an airline to hire a pilot previously
employed by a foreign airline without receiving the
records from that airline if it has made a documented
good faith effort to obtain those records; and
(4) Permits certain people to have electronic access
to FAA records in order to speed up the record checking
process.
Section 503. Whistleblower protection for FAA employees
Restores the procedures for protecting FAA employees who
``blow the whistle'' on safety problems.
Section 504. Safety risk mitigation programs
Requires the FAA to issue guidelines and encourage the
development of air safety risk mitigation programs throughout
the aviation industry, including self-audit and self-disclosure
programs. This is intended to implement one of the
recommendations of the National Civil Aviation Review
Commission that can be found at page III-20 of the Commission's
report.
Section 505. Flight operations quality assurance rules
Requires FAA to issue a rule to protect airlines and their
employees from civil enforcement actions under the Flight
Operations Quality Assurance (FOQA) program. FOQA is based on
trust. If people feel they will be punished for sharing
information, they will not provide it and the public safety
benefit will be lost. Encouraging the voluntary sharing of
safety-related information has been a long-standing interest of
this Committee. See, for example, section 402 of the Federal
Aviation Reauthorization Act of 1996, 110 Stat. 3255, and pages
4 and 5 of H. Rept. 104-682.
Section 506. Small airport certification
Requires FAA to issue within 60 days the proposed rule
implementing the requirement that small airports obtain a
certificate. This requirement was first imposed by section 404
of the Federal Aviation Reauthorization Act of 1996, 110 Stat.
3256. The final rule must be issued within 1 year of the close
of the comment period. This provision does not override the
requirements in subsections (d) and (e) of 49 U.S.C. 44706.
Section 507. Life limited aircraft parts
Subsection (a) requires FAA to initiate a rulemaking
proceeding to require the safe disposition of life-limited
parts. This could be done as a separate rulemaking or as part
of an ongoing rulemaking initiative.\54\ Various acceptable
methods of disposition are described. These include segregation
of the part, destruction of the part, and the permanent marking
of the part (with a phrase such as ``not to be used for
aviation'' or a readily identifiable symbol indicating the
same) when it is removed from an aircraft because it is about
to exceed its specified useful life. The FAA could supplement
these with different or additional requirements such as
requiring segregated parts to also be marked.
Subsection (b) adds the failure to safely dispose of life
limited parts to the list of violations in section 46301(a)(3)
that are subject to a $10,000 civil penalty, subject to the
inflation adjustment that applies to all the violations listed
in that section. See 14 CFR Part 13, Subpart H.
Section 508. FAA may fine unruly passengers
Imposes a maximum $25,000 civil penalty on passengers that
interfere with a flight crew or endanger the safety of the
aircraft, its passengers, or crew.
Section 509. Report on Air Transportation Oversight System
Requires an annual report for the next 5 years on the FAA's
new inspection system known as the Air Transportation Oversight
System.
Section 510. Airplane emergency locators
Revises the existing law governing emergency locator
transmitters (ELTs) to eliminate the exemption for turbo-jet
powered aircraft but to add an exemption for large aircraft
requiring commercial passenger or cargo air service. The effect
would be to require ELTs on private and business jets as well
as small non-scheduled carriers like some charters and air
taxis. Aircraft would not have to be equipped until January 1,
2002.
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\54\ The FAA has informally told the Committee that there is an
initiative in an Aviation Rulemaking Advisory Committee (ARAC) process
that could incorporate these changes as part of a recommendation to the
Agency in a way that would save resources and time.
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TITLE VI.--WHISTLEBLOWER PROTECTION
Section 601. Protection of employees providing air safety information
Subsection (a) prohibits an airline or a contractor of an
airline from firing, or taking other adverse action against, an
employee for doing any of the following:
(1) Providing information to the employer or Federal
government relating to air safety;
(2) Filing or being about to file (with any knowledge
of the employer) a proceeding relating to airline
safety;
(3) Testifying or being about to testify in such a
proceeding; or
(4) Assisting or participating in such a proceeding.
Subsection (b) governs the filing of complaints by
aggrieved whistleblowers.
Paragraph (1) allows whistleblowers who believe they have
been fired or otherwise treated unfairly in violation of
subsection (a) to file a complaint with the Secretary of Labor
within 180 days of the violation. The Labor Department must
notify the airline and the FAA of the complaint.
Paragraph (2) directs the Labor Department, within 60 days
of receiving a complaint, and after giving the airline an
opportunity to respond, to launch an investigation to determine
whether there is reason to believe the complaint has merit and
to notify the parties of its findings. If Labor concludes that
there is reason to believe a violation has occurred, it shall
issue a preliminary order providing a remedy. Within 30 days of
being notified of Labor's findings, either side may file
objections and request a hearing but this shall not stay a
reinstatement remedy in the preliminary order. If a hearing is
not requested within 30 days, the preliminary order becomes a
final order and is not subject to judicial review.
Paragraph (3) describes the final order.
Subparagraph (A) directs the Labor Secretary, within 120
days after the end of the hearing, to issue a final order
providing a remedy or denying the complaint. The matter can be
settled at any time prior to the issuance of the final order.
Subparagraph (B) lists the remedies that could be ordered.
They are--
(i) take action to abate the violation;
(ii) reinstate the employee with back pay;
(iii) provide monetary damages to the employee.
If an order is issued under paragraph (3), the Labor Secretary,
at the request of the employee, shall assess the employee's
attorney's fees against the airline.
Subparagraph (C) permits the Labor Secretary to assess the
airline's attorney's fees against the employee if the Secretary
finds that the complaint was frivolous. Frivolous complaints
are not defined but would probably include unfounded complaints
potentially linked to other job-related matters.
Paragraph (4) pertains to judicial review.
Subparagraph (A) permits either party, within 60 days of
the issuance of the final order, to appeal to the circuit court
where the violation allegedly occurred or where the employee
resided at the time of the violation. This shall not stay the
order unless the court decides otherwise.
Subparagraph (B) prohibits a person from challenging the
final order in another judicial proceeding if it could have
been appealed under subparagraph (A) above.
Paragraph (5) permits the Labor Secretary to enforce the
order by bringing suit in a District court against the person
that has failed to comply. The court may issue an injunction or
provide other relief.
Paragraph (6) allows one of the parties to enforce the
Secretary's order.
Subparagraph (A) allows the one who won the case before the
Secretary to sue the other party to force compliance with the
Secretary's order. The U.S. district court will have
jurisdiction over the case.
Subparagraph (B) allows the court to award attorney's fees
as appropriate.
Subsection (c) states that any nondiscretionary duty
imposed by this section is enforceable in a mandamus
proceeding.
Subsection (d) makes clear that an employee could be fired
if the employee, on his or her own, deliberately causes a
violation of any requirement relating to airline safety.
Subsection (e) uses a definition of ``contractor'' similar
to the one found in the drug testing rules at 14 CFR 121,
Appendix I. This will ensure that employees actually have some
expertise in a safety-sensitive position in order to avail
themselves of the protections offered by this legislation.
Section 602. Civil penalty
Provides a $1,000 civil penalty for the violation of this
title.
TITLE VII.--MISCELLANEOUS PROVISIONS
Section 701. Duties and powers of Administrator
Lists the statutory responsibilities for which FAA is
responsible.
Section 702. Public aircraft
Revises the definition of public aircraft to make it more
understandable but without intending to make any substantive
change in the law.
Section 703. Prohibition on release of offeror proposals
This section is similar to a provision in the National
Defense Authorization Act of 1997 (P.L. 104-201, 110 Stat.
2422, 2609) that provided that contractor proposals submitted
to agencies in response to a solicitation for competitive bids
are exempt from release under the Freedom of Information Act
(FOIA). The FAA was not included in this exemption because,
under procurement reform, it is exempt from the Federal
Property and Administrative Services Act. This section would
correct that omission. The section does permit FAA to release
certain information relating to unsuccessful offeror proposals
under procedures to be developed after public comment.
Section 704. Multiyear procurement contracts
Permits FAA to make a contract for not more than 10 years
for telecommunication services that are provided through the
use of satellites. Generally, such contracts would be limited
to 5 years.
Section 705. Federal Aviation Administration personnel management
system
Subsection (a) states that the 60-day period for
congressional review of a proposed change to the FAA's
personnel management system shall not include any time during
which Congress has adjourned for the year.
Subsection (b) permits an employee to contest an adverse
personnel action either through contractual grievance
procedures if the employee is a member of a bargaining unit or
through the FAA's internal grievance procedure known as
``Guaranteed Fair Treatment.''
Subsections (c) and (d) give the employee the further
option of appealing to the Merit Systems Protection Board
(MSPB).
Section 706. Nondiscrimination in airline travel
Prohibits discrimination in air travel on the basis of
race, color, religion, national origin, sex, or disability.
Section 707. Joint venture agreement
Makes clear that the notice provisions governing domestic
alliances only apply to alliances where both the airlines
involved are major airlines, as currently defined in the law.
Section 708. Extension of War Risk Insurance Program
Reauthorizes the war risk insurance program for 5 years.
Section 709. General facilities and personnel authority
Permits FAA to make improvements to real property leased
for an air navigation facility if certain specified conditions
are met.
Section 710. Implementation of Article 83 bis of the Chicago Convention
This section provides the legislative authority for the
implementation of Article 83 bis of the Convention on
International Civil Aviation, 7 December 1944, 61 Stat. 1180,
T.I.A.S. No. 1591, 15 U.N.T.S. 295, known as the Chicago
Convention. (The suffix bis means that the new article is
inserted between Articles 83 and 84.) The section permits the
FAA, through bilateral agreement, to relinquish responsibility
for U.S.-registered aircraft for which safety oversight
responsibility is transferred abroad and accept responsibility
for the foreign-registered aircraft whose oversight is
transferred to the U.S. The transferred aircraft would be
treated, for all practical safety oversight purposes only, as
if they were on the registry of the other country. Paragraph
(3) prohibits transferring responsibility for U.S.-registered
aircraft to foreign nations that are not in compliance with
their obligations under international law for the safety
oversight of civil aviation. These would typically be countries
that are in Category II or III under the FAA's international
aviation safety assessment program.
Section 711. Public availability of airmen records
Paragraph (1) requires that specified information from the
airman's certificate to once again be made available to the
public within 120 days of enactment notwithstanding privacy act
considerations but subject to paragraph (2).
Paragraph (2) requires that before this information can be
made available to the public, the airman must be given an
opportunity to withhold the information from public release.
Paragraph (3) directs FAA to work with the aviation
community to develop and implement not later than 60 days from
the date of enactment a one-time written notification to airmen
of the advantages and disadvantages to them of making their
name and address publicly available.
Section 712. Appeals of Emergency Revocations of Certificates
Gives pilots, mechanics, carriers, and other FAA
certificate holders the right to appeal a FAA action that
revokes their certificate immediately. Under this section, if
FAA revokes a certificate on an emergency basis, the revocation
would be effective immediately. However, the person could
appeal the emergency nature of the revocation, as well as the
merits of the revocation, to the NTSB. If, within 10 days, two
members of the Board decide that there is not an emergency, the
person would get the certificate back while the appeal on the
merits is pending. If the certificate is given back, the full
5-member NTSB must review this action within 15 days and either
uphold it or decide that the FAA was correct and the
certificate should be revoked while the case is pending. In any
case, the NTSB continues to have 60 days to decide the merits
of the appeal. This provision is not intended to impose a new
standard for determining whether an emergency revocation was
justified. Under the provision, NTSB would use the same
standard of review that an appeal would receive if filed under
49 U.S.C. 46110. This provision merely expedites a process that
can now sometimes be overly time consuming and expensive for
the certificate holder.
Section 713. Government and industry consortia
This codifies in Title 49 a provision from an
Appropriations Act for fiscal year 1997 (Public Law 104-208)
that allows FAA to establish consortia of government and
aviation industry representatives at individual airports to
provide advice on aviation security and safety.
Section 714. Passenger manifest
This section returns to the pre-recodification language
with respect to passenger manifests. A passenger manifest is a
list of passengers aboard a flight. Prior to the re-
codification of Title 49, the law stated that the manifest
should include certain information (Section 203 of Public Law
101-604, 104 Stat. 3082, November 16, 1990). This was designed
to indicate that DOT had flexibility in specifying the
information to be included in the manifest. However, the
recodification changed the word should to shall. In order to
make DOT's flexibility clear, and because the 1994
recodification expressly stated that it made no substantive
change in law, this section returns to the original wording.
Section 715. Cost recovery for foreign aviation services
This section amends section 45301(a)(2) of Title 49 and
clarifies the FAA's authority to collect fees for foreign
aviation services provided by the FAA, such as those provided
at foreign repair stations and for other foreign activities.
The FAA has collected such fees since 1995. Fees for
production-certification related services outside the U.S. are
not permitted. This section would not affect the FAA's ability
to collect air traffic control overflight fees as other
provisions in section 45301 cover that.
Section 716. Technical corrections to civil penalty provisions
Paragraph (1) deletes references in section 46301(a)(1)(A)
to section 46302 (providing false information) and section
46303 (carrying a weapon). Section 46301(a)(1)(A) limits civil
penalties to $1,000 while sections 46302 and 46303 impose
penalties of $10,000 by their own terms. Deleting the reference
would make clear that violations of these two sections carry a
maximum civil penalty of $10,000.
Paragraph (2) makes clear that not only individuals, but
also other persons such as airlines, are entitled to notice and
an opportunity for a hearing.
Paragraph (3) adds a reference in the judicial review
section to orders of the Administrator since civil penalty
authority also rests in that office.
Section 717. Foreign carriers eligible for waiver under Airport Noise
and Capacity Act
This section would make foreign airlines eligible for the
same waiver from the December 31, 1999 date for compliance with
Stage 3 noise levels as is provided to U.S. airlines under the
Airport Noise and Capacity Act of 1990 (Section 9308(b) of the
Omnibus Budget Reconciliation Act of 1990). Nothing in this
section should be construed as encouraging the FAA to grant
such waivers.
Section 718. Metropolitan Washington Airport Authority
Subsection (a) extends the deadline for reauthorizing the
Metropolitan Washington Airport Authority (MWAA) from 2001 to
2004.
Subsection (b) eliminates the requirement that the
additional Federal Directors be appointed before MWAA can
receive AIP grants or impose a new PFC.
Section 719. Acquisition Management System
This section would give the FAA flexibility to enter into
contracts for procurement of severable services that begin in
one year and end in another. Prior to procurement reform, FAA
had this flexibility under the Federal Acquisition Streamlining
Act of 1994 (41 U.S.C. 253l).
Section 720. Centennial of Flight Commission
Makes technical changes to legislation passed last year
(P.L. 105-389) establishing a Commission to help celebrate the
100th anniversary of the Wright Brothers first flight.
Section 721. Aircraft situational display data
Subsection (a) requires any person that receives aircraft
situational display data from the FAA to be able to, and to
agree to, block aircraft registration numbers if the FAA asked
that they be blocked.
Subsection (b) requires any existing agreement with the FAA
to obtain aircraft situational display data to conform to the
requirements of subsection (a) above.
Section 722. Elimination of backlog of equal employment opportunity
complaints
Authorizes $2 million to help DOT eliminate the backlog of
pending equal employment opportunity complaints.
Section 723. Newport News, Virginia
Removes deed restrictions at the airport at Newport News,
subject to the standard conditions for such waivers.
Similarly, the Committee understands that the nearby city
of Norfolk and the Norfolk Airport Authority have negotiated an
agreement to lease certain property owned by the city with
compensation in the form of reasonable rent payments, as
authorized in a legal opinion of the FAA's regional counsel
dated April 26, 1985. At the time of that opinion, the FAA
asked the city to provide a commitment in the form of a
certification that the city would guarantee that the
obligations assumed by the airport authority as the sponsor of
AIP grants would not lapse. The city manager instead executed a
duplicative airport sponsorship agreement in addition to the
grant assurances that had already been signed by the authority,
when a commitment in this form was not necessary. This minor
administrative mistake has complicated approval of the
leaseback of the airport property to the airport authority. To
resolve this problem, the Committee strongly urges the FAA to
take whatever action is necessary to approve and implement the
lease of the property for reasonable compensation as
contemplated by the FAA legal opinion of April 26, 1985.
Section 724. Grant of easement, Los Angeles, California
Permits the granting of an easement to build a road that
could improve access to Palmdale Airport.
Section 725. Regulation of Alaska air guides
Subsection (a) requires Alaska air guides to be regulated
under the FAA rules in 14 CFR Part 91 governing general
aviation rather than the rules for a commercial operation.
Subsection (b) directs the FAA to conduct a rulemaking to
supplement the requirements of Part 91 with additional
requirements for Alaska Air Guides that are needed to ensure
air safety without putting these guides out of business.
Subsection (c) defines terms.
Section 726. Aircraft repair and maintenance advisory panel
Subsection (a) establishes a panel to review aircraft
repair stations.
Subsection (b) describes the 12 members of this panel.
Subsection (c) describes the responsibilities of the panel.
These are to determine how much work is done on U.S. and
foreign aircraft by U.S. and foreign repair stations and to
provide advice on the staffing needs, balance of trade, and
safety issues associated with this issue. In developing its
advice, the panel may consider the similarities and differences
in the FAA regulations for initial certification and renewal of
those certificates of foreign and domestic repair stations, the
similarities and differences in FAA operating regulations of
those stations, a comparison of the inspection findings
resulting from surveillance, a comparison of the manner in
which FAA inspection findings are addressed and documented by
the certificate holders and the FAA. The panel may also request
an evaluation of Mechanical Reliability Reports, Mechanical
Interruption Summary Reports and Malfunction Defect Reports
submitted to the FAA, an evaluation of component usage
practices that affect a repair station's ability to determine,
at the time maintenance is performed, whether a particular part
will be installed on a U.S. or foreign-registered aircraft and
where that aircraft will be operated, the practice of repair
facilities using maintenance subcontractors located in a
country different from that of the primary maintenance
provider, the number of foreign repair facilities which are
wholly owned (or in which a majority interest is held) by a
corporation that is a citizen of the U.S., the extent to which
domestic and foreign corporations engaged in the production of
civil aviation products and parts have an ownership interest in
or are affiliated with domestic or foreign repair facilities,
the extent to which certain maintenance services are only
available in foreign countries, and any other issues that the
panel considers relevant to the balance of trade or safety of
foreign and domestic repair facilities.
Subsection (d) requires DOT to require information to be
submitted on the balance of trade and safety issues and on the
extent of alcohol and drug testing at foreign repair stations.
Subsection (e) requires DOT to facilitate the collection of
information from other government agencies on these issues.
Subsection (f) requires DOT to make any relevant non-
proprietary information available to the public.
Subsection (g) terminates the panel 2 years after the date
of enactment or December 31, 2001, whichever occurs first.
Section 727. Operations of air taxi industry
Requires the FAA to study the air taxi industry to increase
the government and industry's understanding of the size and
nature of the industry with a view toward using this
information in the context of future regulatory actions.
Section 728. Sense of Congress concerning completion of comprehensive
national airspace redesign
States that it is the sense of Congress that the FAA should
complete and begin implementing the comprehensive national
airspace redesign as soon as possible.
Section 729. Compliance with requirements
Permits an airport to use a completed environmental
assessment or environmental impact study for a new project at
the airport if the completed assessment or study was for a
project that is substantially similar to the new project and
meets all Federal requirements for such a study or assessment.
Section 730. Aircraft noise levels at airports
Subsection (a) requires FAA to continue to work to develop
a new standard for quieter aircraft.
Subsection (b) requires annual reports to Congress on this
work.
Section 731. FAA consideration of certain State proposals
Encourages the FAA to consider any proposal with a regional
consensus submitted by a State aviation authority regarding the
expansion of existing airport facilities or the introduction of
new airport facilities.
TITLE VIII.--NATIONAL PARKS AIR TOUR MANAGEMENT
Section 801. Short title
The short title is the ``National Parks Air Tour Management
Act of 1999''.
Section 802. Findings
This section includes the following six findings relative
to the parks overflights title of the bill.
(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 of public
and tribal lands;
(3) the National Park Service has the responsibility
of conserving the scenery and natural and historic
objects and wildlife in national parks and of providing
for the enjoyment of the national parks in ways that
leave the national parks unimpaired for future
generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public
health and welfare and is essential to the maintenance
of the natural and cultural resources of Indian tribes;
(5) the National Parks Overflights Working Group,
composed of general aviation, commercial air tour,
environmental, and Native American representatives,
recommended that the Congress enact legislation based
on the Group's consensus work product; and
(6) this Act reflects the recommendations made by
that Group.
Section 803. Air tour management plans for national parks
This section would require that commercial air tour
operators conduct air tour operations over a National Park or
tribal lands within or abutting a National Park in accordance
with an approved air tour management plan (ATMP).
Prior to commencing air tour operations over a National
Park, a commercial air tour operator must apply to the
Administrator of the FAA for authority to conduct operations
over the park. The Administrator of the FAA would prescribe
operating conditions and limitations for each commercial air
tour operator, and in cooperation with the Director of the
National Park Service (NPS), develop an ATMP.
If an ATMP limits the number of commercial air tours over a
national park area during a specified time frame, the FAA
Administrator and the Director of the NPS would authorize
certain commercial air tour operators to provide the service,
in accordance with an open competitive process developed by the
two agencies. The section sets forth the factors for
consideration in authorizing the number of commercial air tours
in this situation.
This section would require that commercial air tour
operators over national parks and tribal lands meet the FAA
safety criteria codified in 14 C.F.R. Parts 119, 121 or 135, as
appropriate. Upon enactment of the legislation, existing
commercial air tour operators would have 90 days to apply to
the FAA for authority under 14 C.F.R Part 119 to operate under
Part 135 and Part 121.
Certain commercial air tour operators, if they meet the
requirements set forth in 14 C.F.R. 119, could continue to
conduct tours under the standards of 14 C.F.R. Part 91. The
operator would be required to secure approval from the FAA and
the NPS describing the conditions for flight operations. The
total number of operations under this Part 91 exception would
be limited to no more than five flights in any 30-day period
over a single park.
Any new entrant commercial air tour operator would be
required to apply for the authority before it can begin
commercial air tour operations over a National Park or tribal
lands within or abutting a National Park. The FAA would be
required to act on new entrant applications within 24 months.
Section 3 directs the FAA Administrator, in cooperation
with the Director of the NPS, to develop and establish an ATMP
for any National Park or tribal land within or abutting a
National Park whenever a application is made, if an ATMP is not
already in place. This requirement to establish an ATMP applies
automatically if commercial air tours already exist over the
National Park or tribal lands within or abutting National
Parks.
An ATMP would be developed through a public process, with
the appropriate environmental documentation, as required by the
National Environmental Policy Act, to be signed by both the FAA
and NPS, and with the final ATMP subject to judicial review.
The objective of the ATMP is to develop acceptable and
effective measures to mitigate the significant adverse impacts,
if any, of commercial air tours upon the natural and cultural
resources and visitor experiences at National Parks and tribal
lands within or abutting National Parks.
Section 3 also lists the possible contents of an ATMP, and
requires justification and documentation for any measures
adopted in the ATMP.
Procedures for developing an ATMP are also outlined in this
Section. The procedure would require at least one public
meeting and publication of the ATMP in the Federal Register for
notice and comment. Amendments to ATMPs would also be required
to be published in the Federal Register for notice and comment.
Existing commercial air tour operators at national parks
would apply for an ATMP to the FAA Administrator, and the FAA
Administrator would grant these operators interim operating
authority (IOA) until the ATMP for that National Park is
complete.
The FAA Administrator would authorize the operator to
conduct the same number of tour flights that the operator
conducted over the past year (or the annual average of the past
three years, whichever is higher). In order to increase
operations, the commercial air tour operator would have to
obtain the approval of the FAA Administrator and the NPS
Director.
The IOA would be published in the Federal Register to
provide notice and opportunity for comment. It could be revoked
by the FAA Administrator for cause. In any event, it would
terminate 180 days after an ATMP is developed for the National
Park.
New entrants would not be allowed to conduct commercial air
tour operations over a national park until the ATMP for that
park is developed.
Once an ATMP is established for a specific park, it may be
amended by the Administrator in cooperation with the Director
of NPS. Any such amendment must be published in the Federal
Register.
Section 3 specifically exempts Grand Canyon National Park
and any NPS unit located in Alaska from the provisions of this
section regarding the establishment of ATMPs.
Section 3 also contains definitions for terms used in this
section.
Section 804. Advisory group
Within one year of enactment, the FAA Administrator and the
NPS Director would establish an advisory group to provide
continuing advice and counsel with respect to the operation of
commercial air tours over and near National Parks.
The membership would consist of a balanced group of
representatives of general aviation, commercial air tour
operators, environmental concerns, Indian tribes, the FAA, and
the NPS. The FAA and the NPS representatives would serve
alternating one-year terms as chairman of the advisory group.
Among its duties, the advisory group would provide
recommendations on the designation of commonly accepted quiet
aircraft technologies, which are to be given preferential
treatment in ATMPs.
Section 4 also provides for the compensation of the
advisory group and the non-application of the Federal Advisory
Committee Act to the group.
Section 805. Reports
Overflight fee report
Within 180 days of enactment, the FAA Administrator would
report to Congress on the effects of overflight fees on the
commercial air tour industry. The report would include the
viability of a tax credit for operators equal to the amount of
the fee charged by the NPS, as well as the financial effects
that these proposed offsets are likely to have on FAA budgets
and appropriations.
Quiet aircraft technology report
Not later than 2 years after the date of enactment, the FAA
Administrator and the NPS Director are required to jointly
transmit a report to Congress on the effectiveness of this Act
in providing incentives for the development and use of quiet
aircraft technology.
Section 806. Exemptions
The section exempts the State of Alaska from this Act.
Section 807. Definitions
This section sets forth definitions applicable to the Act.
TITLE IX.--TRUTH IN BUDGETING
Section 901. Short title
This title may be cited as the ``Truth in Budgeting Act.''
Section 902. Budgetary treatment of Airport and Airway Trust Fund
This section follows the language used to take the Social
Security Trust Fund off-budget in Section 13301 of the Budget
Enforcement Act of 1990. Specifically, the language provides
that all receipts and disbursements of the Aviation Trust Fund
shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of: (1) the budget
of the United States Government as submitted by the President,
(2) the congressional budget (including allocations of budget
authority and outlays provided therein), or (3) the Balanced
Budget and Emergency Deficit Control Act of 1985 (Gramm-
Rudman).
In addition, the Aviation Trust Fund shall be exempt from
any general budget limitation imposed by statute on
expenditures and net lending (budget outlays) of the U.S.
government.
Section 903. Safeguards Against Deficit Spending Out of Airport and
Airway Trust Fund
This section duplicates for the Aviation Trust Fund the
automatic spending safeguards provided by the Byrd Rule in the
Highway Trust Fund. Specifically, if the Secretary of
Transportation, in consultation with the Secretary of the
Treasury, determines that fund balances and expected receipts
do not cover aviation authorizations, those authorizations are
reduced on a pro-rata basis to cover the shortfall.
While spending safeguards are already built into this trust
fund, this provision provides the absolute assurance of a Byrd
Rule type process to ensure that the trust fund is deficit
proof and operates on a pay as you go basis. (Note: the Byrd
Rule as it applies to the Highway Trust Fund is named after
former Senator Harry Byrd of Virginia and is not the same Byrd
Rule in the Senate relating to extraneous matters in
reconciliation legislation.)
Section 904. Applicability
This section states that this title shall apply beginning
in fiscal year 2001.
TITLE X.--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
Section 1001. Adjustment of Trust Fund Authorizations
Subsection (a) amends adds a new Chapter 483 to Title 49 of
the U.S. code, as follows:
Section 48301 includes the following definitions:
(1) Base Year--meaning the second fiscal year before
the fiscal year for which the calculation is being
made;
(2) AIP Program--meaning programs made available
under section 48103;
(3) Aviation Income--the tax receipts and interest
credited to the Aviation Trust Fund.
Section 48302 set forth the following adjustments to align
aviation authorizations with revenues.
(a) Beginning with fiscal year 2003, if the actual aviation
income (taxes plus interest) for the base year (for 2003, the
base year would be 2001) is greater or less than the estimated
aviation income for the base year, the FAA authorization levels
increase or decrease proportionately.
(b) This section defines the ratio by which the
authorization for each account is adjusted as being dependent
on that account's share of the total sum authorized for the
FAA.
(c) This paragraph requires that the President's Budget
should report any increases or decreases in authorizations that
would result from the calculation from subsection (a).
Section 48303 makes adjustments to align AIP program
funding with budget resources. Beginning in fiscal year 2001,
if the FAA accounts are appropriated at levels lower than
authorized, this subsection would increase the contract
authority authorized for the AIP by the difference between the
authorized and appropriated levels of the three other FAA
accounts--Operations, F&E, and RED. Any additional amount
authorized for AIP under this section would remain subject to
the obligation limitation, if any, included in the
appropriations language.
Section 48304 estimates the annual aviation income that is
anticipated for the years 2001 through 2004, as follows:
(1) $10,734,000,000 billion for fiscal year 2001;
(2) $11,603,000,000 billion for fiscal year 2002;
(3) $12,316,000,000 billion for fiscal year 2003; and
(4) $13,062,000,000 billion for fiscal year 2004.
Section 1002. Budget estimates
This section states that this title and title IX will not
result in any direct spending outlays (pay as you go outlays)
as calculated by the Director of the Office of Management and
Budget under section 252(d) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Section 1003. Sense of Congress on fully offsetting increased aviation
spending
This section is a sense of the Congress that states the
following:
(1) Aviation users pay aviation taxes to be used for
aviation purposes.
(2) Aviation users will pay $14 billion more in taxes
than the budget resolution provides using historic
funding patterns.
(3) AIR 21 would allow the $14 billion mentioned
above to be used for aviation purposes, and
(4) This funding will be fully offset by recapturing
the unspent aviation taxes and reducing the $778
billion tax cut.
Hearings and Legislative History
On February 4, 10, and 11, 1999, the Aviation Subcommittee
held hearings on the budgetary treatment of aviation programs
and the need for additional investment in those programs.
Testimony was given by the Administration and aviation users.
Committee Consideration
On May 27, 1999, the Full Committee met in open session and
favorably reported H.R. 1000.
Rollcall Votes
Clause 3(b) of Rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each roll call vote on a motion
to report and on any amendment offered to the measure or
matter, and the names of those members voting for and against.
There were no roll call votes.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(i) of Rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
Rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
Rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 1000.
3. Pursuant to clause 3(d)(2)(A) of Rule XIII, the
Committee is filing its own estimate of the costs that would be
incurred in carrying out the bill. The CBO estimate was not
timely submitted to the Committee before the filing of the
report.
Cost Estimate Prepared by Committee
Although we requested that the Congressional Budget Office
(CBO) complete its cost estimate of H.R. 1000 by 6:00 p.m.
today, it appears that the letter will not be ready to file
with out report. Therefore, the Committee is forced to provide
our understanding of how CBO will score our bill as reported
out of the Committee.
Attached is a summary table based on a preliminary CBO
estimate of the outlays resulting from H.R. 1000. The bill
provides $57.353 billion in budget authority and $52.835
billion in outlays over the four-year period of 2001 through
2004 for the Federal Aviation Administration's (FAA) programs.
In addition, the bill provides an additional $50 million in
mandatory budget authority above the baseline for the Essential
Air Service program (within the Office of the Secretary of
Transportation). When added together, the bill would allow
$52.885 billion in outlays. We believe this funding is
consistent with the agreement we reached with you during
consideration of the concurrent resolution on the budget for FY
2000 ($52.89 billion in outlays from 2001 through 2004).
FAA FUNDING UNDER AIR 21 (AS AMENDED)
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Air 21--
-------------------------------------------------- 4 Year
2000 \1\ 2001 2002 2003 2004 total \2\
----------------------------------------------------------------------------------------------------------------
Operations:
BA............................................. 5,567 6,450 6,886 7,357 7,860 28,553
OL............................................. 5,596 6,358 6,838 7,305 7,805 28,306
Airport Improvement Program (AIP):
BA............................................. 2,475 4,000 4,100 4,250 4,350 16,700
OL............................................. 1,895 2,452 3,245 3,738 4,028 13,463
Facilities and Equipment (F&E):
BA............................................. 2,000 2,500 3,000 3,000 3,000 11,500
OL............................................. 1,983 2,191 2,523 2,810 2,955 10,479
Research, Engineering, and Development: \3\
BA............................................. 150 150 150 150 150 600
OL............................................. 155 150 150 150 150 600
FAA total BA \4\................................... 10,192 13,100 14,136 14,757 15,360 57,353
------------------------------------------------------------
FAA total OL................................... 9,629 11,148 12,753 14,000 14,935 52,835
----------------------------------------------------------------------------------------------------------------
\1\ H.R. 1000 authorizes ``such sums'' for Ops and F&E for FY2000, however, CBO will use the baseline for
scoring purposes.
\2\ The total amount is for the 4 years 2001-2004 which captures the years affected by the budgetary treatment
changes of AIR 21.
\3\ The RED account is not authorized under AIR 21, and therefore the baseline is assumed.
\4\ Note that the total includes the RED account, even though it is not authorized under AIR 21.
(Details may not add to total, due to rounding.)
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4.)
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1.)
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
Sec.
101. Purpose.
* * * * * * *
113. Air Traffic Control Oversight Board.
* * * * * * *
Sec. 106. Federal Aviation Administration
(a) * * *
* * * * * * *
(f) Authority of the Secretary and the Administrator.--
(1) * * *
* * * * * * *
(3) Regulations.--
(A) * * *
(B) Approval of secretary of
transportation.--(i) The Administrator may not
issue a proposed regulation or final regulation
that is likely to result in the expenditure by
State, local, and tribal governments in the
aggregate, or by the private sector, of
[$100,000,000] $250,000,000 or more (adjusted
annually for inflation beginning with the year
following the date of the enactment of the [Air
Traffic Management System Performance
Improvement Act of 1996] Aviation Investment
and Reform Act for the 21st Century) in any
year, or any regulation which is significant,
unless the Secretary of Transportation approves
the issuance of the regulation in advance. For
purposes of this paragraph, a regulation is
significant if the Administrator, in
consultation with the Secretary (as
appropriate), determines that the regulation is
likely to--
(I) have an annual effect on the
economy of [$100,000,000] $250,000,000
or more or adversely affect in a
substantial and material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety,
or State, local, or tribal governments
or communities; or
[(II) create a serious inconsistency
or otherwise interfere with an action
taken or planned by another agency;
[(III) materially alter the budgetary
impact of entitlements, grants, user
fees, or loan programs or the rights
and obligations of recipients thereof;
or
[(IV) raise novel legal or policy
issues arising out of legal mandates.]
(II) raise novel or significant legal
or policy issues arising out of legal
mandates that may substantially and
materially affect other transportation
modes.
* * * * * * *
(g) Duties and Powers of Administrator.--(1) Except as
provided in paragraph (2) of this subsection, the Administrator
shall carry out--
(A) duties and powers of the Secretary of
Transportation under subsection (f) of this section
related to aviation safety (except those related to
transportation, packaging, marking, or description of
hazardous material) and stated in sections 308(b),
1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108,
40109(b), [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,] 40113(a), 40113(c),
40113(d), 40113(e), 40114(a), and 40119, chapter 445
(except sections 44501(b), 44502(a)(2), 44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514, and
44515), chapter 447 (except sections 44717, 44718(a),
44718(b), 44719, 44720, 44721(b), 44722, and 44723),
chapter 449 (except sections 44903(d), 44904, 44905,
44907-44911, 44913, 44915, and 44931-44934), chapter
451, chapter 453, sections 46104, 46301(d) and (h)(2),
46303(c), 46304-46308, 46310, 46311, and 46313-46316,
chapter 465, and sections 47504(b)(related to flight
procedures), 47508(a), and 48107 of this title; and
(B) * * *
* * * * * * *
(k) Authorization of Appropriations for Operations.--
(1) In general.--There is authorized to be
appropriated to the Secretary of Transportation for
operations of [the Administration $5,158,000,000 for
fiscal year 1997 and $5,344,000,000 for fiscal year
1998.] the Administration--
(A) such sums as may be necessary for fiscal
year 2000;
(B) $6,450,000,000 for fiscal year 2001;
(C) $6,886,000,000 for fiscal year 2002;
(D) $7,357,000,000 for fiscal year 2003; and
(E) $7,860,000,000 for fiscal year 2004.
(2) Authorized expenditures.--Of the amounts
appropriated under paragraph (1) for fiscal years 2001
through 2004--
(A) $450,000 per fiscal year may be used for
wildlife hazard mitigation measures and
management of the wildlife strike database of
the Federal Aviation Administration;
(B) such sums as may be necessary may be used
to fund an office within the Federal Aviation
Administration dedicated to supporting
infrastructure systems development for both
general aviation and the vertical flight
industry;
(C) such sums as may be necessary may be used
to revise existing terminal and en route
procedures and instrument flight rules to
facilitate the takeoff, flight, and landing of
tiltrotor aircraft and to improve the national
airspace system by separating such aircraft
from congested flight paths of fixed-wing
aircraft;
(D) such sums as may be necessary may be used
to establish helicopter approach procedures
using current technologies (such as the Global
Positioning System) to support all-weather,
emergency medical service for trauma patients;
(E) $3,000,000 per fiscal year may be used to
implement the 1998 airport surface operations
safety action plan of the Federal Aviation
Administration;
(F) $2,000,000 per fiscal year may be used to
support a university consortium established to
provide an air safety and security management
certificate program, working cooperatively with
United States air carriers; except that funds
under this subparagraph--
(i) may not be used for the
construction of a building or other
facility; and
(ii) may only be awarded on the basis
of open competition; and
(G) such sums as may be necessary may be used
to develop or improve training programs
(including model training programs and
curriculum) for security screeners at airports.
* * * * * * *
(p) Management Advisory Council.--
(1) * * *
(2) Membership.--The Council shall consist of 15
members, who shall consist of--
(A) * * *
* * * * * * *
[(C) 13 members representing aviation
interests, appointed by the President by and
with the advice and consent of the Senate.]
(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.
* * * * * * *
(6) Administrative matters.--
(A) Terms of members.--(i) Except as provided
in subparagraph (B), members of the Council
appointed [by the President] under paragraph
(2)(C) shall be appointed for a term of 3
years.
* * * * * * *
(r) Chief Operating Officer.--
(1) In general.--
(A) Appointment.--There shall be a Chief
Operating Officer for the air traffic control
system to be appointed by the Administrator,
with approval of the Air Traffic Control
Oversight Board established by section 113. The
Chief Operating Officer shall report directly
to the Administrator and shall be subject to
the authority of the Administrator.
(B) Qualifications.--The Chief Operating
Officer shall have a demonstrated ability in
management and knowledge of or experience in
aviation.
(C) Term.--The Chief Operating Officer shall
be appointed for a term of 5 years.
(D) Removal.--The Chief Operating Officer
shall serve at the pleasure of the
Administrator, except that the Administrator
shall make every effort to ensure stability and
continuity in the leadership of the air traffic
control system.
(E) Vacancy.--Any individual appointed to
fill a vacancy in the position of Chief
Operating Officer occurring before the
expiration of the term for which the
individual's predecessor was appointed shall be
appointed for the remainder of that term.
(2) Annual performance agreement.--The Administrator
and the Chief Operating Officer, in consultation with
the Air Traffic Control Oversight Board, 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.
* * * * * * *
Sec. 113. Air Traffic Control Oversight Board
(a) Establishment.--There is established within the
Department of Transportation an ``Air Traffic Control Oversight
Board'' (in this section referred to as the ``Oversight
Board'').
(b) Membership.--
(1) Composition.--The Oversight Board shall be
composed of 9 members, as follows:
(A) Six members shall be individuals who are
not otherwise Federal officers or employees and
who are appointed by the President, by and with
the advice and consent of the Senate.
(B) One member shall be the Secretary of
Transportation or, if the Secretary so
designates, the Deputy Secretary of
Transportation.
(C) One member shall be the Administrator of
the Federal Aviation Administration.
(D) One member shall be an individual who is
appointed by the President, by and with the
advice and consent of the Senate, from among
individuals who are the leaders of their
respective unions of air traffic control system
employees.
(2) Qualifications and terms.--
(A) Qualifications.--Members of the Oversight
Board described in paragraph (1)(A) shall--
(i) have a fiduciary responsibility
to represent the public interest;
(ii) be citizens of the United
States; and
(iii) be appointed without regard to
political affiliation and solely on the
basis of their professional experience
and expertise in 1 or more of the
following areas:
(I) Management of large
service organizations.
(II) Customer service.
(III) Management of large
procurements.
(IV) Information and
communications technology.
(V) Organizational
development.
(VI) Labor relations.
At least 3 members of the Oversight Board
appointed under paragraph (1)(A) should have
knowledge of, or a background in, aviation. At
least one of such members should have a
background in managing large organizations
successfully. In the aggregate, such members
should collectively bring to bear expertise in
all of the areas described in subclauses (I)
through (VI) of clause (iii).
(B) Prohibitions.--No member of the Oversight
Board described in paragraph (1)(A) may--
(i) have a pecuniary interest in, or
own stock in or bonds of, an aviation
or aeronautical enterprise;
(ii) engage in another business
related to aviation or aeronautics; or
(iii) be a member of any organization
that engages, as a substantial part of
its activities, in activities to
influence aviation-related legislation.
(C) Terms for air traffic control
representatives.--A member appointed under
paragraph (1)(D) shall be appointed for a term
of 3 years, except that the term of such
individual shall end whenever the individual no
longer meets the requirements of paragraph
(1)(D).
(D) Terms for nonfederal officers or
employees.--A member appointed under paragraph
(1)(A) shall be appointed for a term of 5
years, except that of the members first
appointed under paragraph (1)(A)--
(i) 2 members shall be appointed for
a term of 3 years;
(ii) 2 members shall be appointed for
a term of 4 years; and
(iii) 2 members shall be appointed
for a term of 5 years.
(E) Reappointment.--An individual may not be
appointed under paragraph (1)(A) to more than
two 5-year terms on the Oversight Board.
(F) Vacancy.--Any vacancy on the Oversight
Board shall be filled in the same manner as the
original appointment. Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed for the
remainder of that term.
(3) Ethical considerations.--
(A) Financial disclosure.--During the entire
period that an individual appointed under
subparagraph (A) or (D) of paragraph (1) is a
member of the Oversight Board, such individual
shall be treated as serving as an officer or
employee referred to in section 101(f) of the
Ethics in Government Act of 1978 for purposes
of title I of such Act, except that section
101(d) of such Act shall apply without regard
to the number of days of service in the
position.
(B) Restrictions on post-employment.--For
purposes of section 207(c) of title 18, an
individual appointed under subparagraph (A) or
(D) of paragraph (1) shall be treated as an
employee referred to in section 207(c)(2)(A)(i)
of such title during the entire period the
individual is a member of the Board, except
that subsections (c)(2)(B) and (f) of section
207 of such title shall not apply.
(C) Waiver.--At the time the President
nominates an individual for appointment as a
member of the Oversight Board under paragraph
(1)(D), the President may waive for the term of
the member any appropriate provision of chapter
11 of title 18, to the extent such waiver is
necessary to allow the member to participate in
the decisions of the Board while continuing to
serve as a full-time Federal employee or a
representative of employees. Any such waiver
shall not be effective unless a written intent
of waiver to exempt such member (and actual
waiver language) is submitted to the Senate
with the nomination of such member.
(4) Quorum.--Five members of the Oversight Board
shall constitute a quorum. A majority of members
present and voting shall be required for the Oversight
Board to take action.
(5) Removal.--Any member of the Oversight Board
appointed under subparagraph (A) or (D) of paragraph
(1) may be removed for cause by the President.
(6) Claims.--
(A) In general.--A member of the Oversight
Board appointed under subparagraph (A) or (D)
of paragraph (1) shall have no personal
liability under Federal law with respect to any
claim arising out of or resulting from an act
or omission by such member within the scope of
service as a member of the Oversight Board.
(B) Effect on other law.--This paragraph
shall not be construed--
(i) to affect any other immunity or
protection that may be available to a
member of the Oversight Board under
applicable law with respect to such
transactions;
(ii) to affect any other right or
remedy against the United States under
applicable law; or
(iii) to limit or alter in any way
the immunities that are available under
applicable law for Federal officers and
employees.
(c) General Responsibilities.--
(1) Oversight.--The Oversight Board shall oversee the
Federal Aviation Administration in its administration,
management, conduct, direction, and supervision of the
air traffic control system.
(2) Confidentiality.--The Oversight Board shall
ensure that appropriate confidentiality is maintained
in the exercise of its duties.
(d) Specific Responsibilities.--The Oversight Board shall
have the following specific responsibilities:
(1) Strategic plans.--To review, approve, and monitor
achievements under a strategic plan of the Federal
Aviation Administration for the air traffic control
system, including the establishment of--
(A) a mission and objectives;
(B) standards of performance relative to such
mission and objectives, including safety,
efficiency, and productivity; and
(C) annual and long-range strategic plans.
(2) Modernization and improvement.--To review and
approve--
(A) methods of the Federal Aviation
Administration to accelerate air traffic
control modernization and improvements in
aviation safety related to air traffic control;
and
(B) procurements of air traffic control
equipment by the Federal Aviation
Administration in excess of $100,000,000.
(3) Operational plans.--To review the operational
functions of the Federal Aviation Administration,
including--
(A) plans for modernization of the air
traffic control system;
(B) plans for increasing productivity or
implementing cost-saving measures; and
(C) plans for training and education.
(4) Management.--To--
(A) review and approve the Administrator's
appointment of a Chief Operating Officer under
section 106(r);
(B) 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;
(C) review and approve the Administrator's
plans for any major reorganization of the
Federal Aviation Administration that would
impact on the management of the air traffic
control system;
(D) review and approve the Administrator's
cost accounting and financial management
structure and technologies to help ensure
efficient and cost-effective air traffic
control operation; and
(E) review the performance and cooperation of
managers responsible for major acquisition
projects, including the ability of the managers
to meet schedule and budget targets.
(5) Budget.--To--
(A) review and approve the budget request of
the Federal Aviation Administration related to
the air traffic control system prepared by the
Administrator;
(B) submit such budget request to the
Secretary of Transportation; and
(C) ensure that the budget request supports
the annual and long-range strategic plans.
The Secretary shall submit the budget request referred to in
paragraph (5)(B) 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.
(e) Reporting of Overturning of Board Decisions.--If the
Secretary or Administrator overturns a decision of the
Oversight Board, the Secretary or Administrator, as appropriate
shall report such action to the President, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(f) Board Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Each member of the Oversight
Board who--
(i) appointed under subsection
(b)(1)(A); or
(ii) appointed under subsection
(b)(1)(D) and is not otherwise a
Federal officer or employee,
shall be compensated at a rate of $30,000 per
year. All other members shall serve without
compensation for such service.
(B) Chairperson.--Notwithstanding
subparagraph (A), the chairperson of the
Oversight Board shall be compensated at a rate
of $50,000 per year.
(2) Travel expenses.--
(A) In general.--The members of the Oversight
Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, to
attend meetings of the Oversight Board and,
with the advance approval of the chairperson of
the Oversight Board, while otherwise away from
their homes or regular places of business for
purposes of duties as a member of the Oversight
Board.
(B) Report.--The Oversight Board shall
include in its annual report under subsection
(g)(3)(A) information with respect to the
travel expenses allowed for members of the
Oversight Board under this paragraph.
(3) Staff.--
(A) In general.--The chairperson of the
Oversight Board may appoint and terminate any
personnel that may be necessary to enable the
Board to perform its duties.
(B) Detail of government employees.--Upon
request of the chairperson of the Oversight
Board, a Federal agency shall detail a United
States Government employee to the Oversight
Board without reimbursement. Such detail shall
be without interruption or loss of civil
service status or privilege.
(4) Procurement of temporary and intermittent
services.--The chairperson of the Oversight Board may
procure temporary and intermittent services under
section 3109(b) of title 5.
(g) Administrative Matters.--
(1) Chair.--
(A) Term.--The members of the Oversight Board
shall elect for a 2-year term a chairperson
from among the members appointed under
subsection (b)(1)(A).
(B) Powers.--Except as otherwise provided by
a majority vote of the Oversight Board, the
powers of the chairperson shall include--
(i) establishing committees;
(ii) setting meeting places and
times;
(iii) establishing meeting agendas;
and
(iv) developing rules for the conduct
of business.
(2) Meetings.--The Oversight Board shall meet at
least quarterly and at such other times as the
chairperson determines appropriate.
(3) Reports.--
(A) Annual.--The Oversight Board shall each
year report with respect to the conduct of its
responsibilities under this title to the
President, the Committee on Transportation and
Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and
Transportation of the Senate.
(B) Additional report.--Upon a determination
by the Oversight Board under subsection (c)(1)
that the organization and operation of the
Federal Aviation Administration's air traffic
control system are not allowing the Federal
Aviation Administration to carry out its
mission, the Oversight Board shall report such
determination to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate.
(C) Comptroller general's report.--Not later
than April 30, 2004, the Comptroller General of
the United States shall transmit to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate a report on the
success of the Oversight Board in improving the
performance of the air traffic control
system.''.
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
* * * * * * *
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
* * * * * * *
SUBCHAPTER III--AUTHORITY
Sec. 1136. Assistance to families of passengers involved in aircraft
accidents
(a) * * *
* * * * * * *
(g) Prohibited Actions.--
(1) * * *
(2) Unsolicited communications.--In the event of an
accident involving an air carrier providing interstate
or foreign air [transportation,] transportation and in
the event of an accident involving a foreign air
carrier that occurs within the United States, no
unsolicited communication concerning a potential action
for personal injury or wrongful death may be made by an
attorney (including any associate, agent, employee, or
other representative of an attorney) or any potential
party to the litigation to an individual injured in the
accident, or to a relative of an individual involved in
the accident, before the [30th day] 45th day following
the date of the accident.
(3) Prohibition on actions to prevent mental health
and counseling services.--No State or political
subdivision may prevent the employees, agents, or
volunteers of an organization designated for an
accident under subsection (a)(2) from providing mental
health and counseling services under subsection (c)(1)
in the 30-day period beginning on the date of the
accident. The director of family support services
designated for the accident under subsection (a)(1) may
extend such period for not to exceed an additional 30
days if the director determines that the extension is
necessary to meet the needs of the families and if
State and local authorities are notified of the
determination.
(h) Definitions.--In this section, the following definitions
apply:
(1) * * *
[(2) Passenger.--The term ``passenger'' includes an
employee of an air carrier aboard an aircraft.]
(2) Passenger.--The term ``passenger'' includes--
(A) an employee of an air carrier or foreign
air carrier aboard an aircraft; and
(B) any other person aboard the aircraft
without regard to whether the person paid for
the transportation, occupied a seat, or held a
reservation for the flight.
(i) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that an air
carrier may take, or the obligations that an air carrier may
have, in providing assistance to the families of passengers
involved in an aircraft accident.
* * * * * * *
SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
Sec. 1151. Aviation enforcement
(a) Civil Actions by Board.--The National Transportation
Safety Board may bring a civil action in a district court of
the United States against a person to enforce section 1132,
1134(b) or (f)(1) (related to an aircraft accident),
1136(g)(2), or 1155(a) of this title or a regulation prescribed
or order issued under any of those sections. An action under
this subsection may be brought in the judicial district in
which the person does business or the violation occurred.
(b) Civil Actions by Attorney General.--On request of the
Board, the Attorney General may bring a civil action in an
appropriate court--
(1) to enforce section 1132, 1134(b) or
(f)(1)(related to an aircraft accident), 1136(g)(2), or
1155(a) of this title or a regulation prescribed or
order issued under any of those sections; and
(2) * * *
(c) Participation of Board.--On request of the Attorney
General, the Board may participate in a civil action to enforce
section 1132, 1134(b) or (f)(1)(related to an aircraft
accident), 1136(g)(2), or 1155(a) of this title.
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART C--FINANCING
AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS.................48101
* * * * * * *
ADJUSTMENT OF TRUST FUND AUTHORIZATIONS......................48301
PART A--AIR COMMERCE AND SAFETY
SUBPART I--GENERAL
CHAPTER 401--GENERAL PROVISIONS
Sec.
40101. Policy.
* * * * * * *
40125. Qualifications for public aircraft status.
40126. Overflights of national parks.
Sec. 40101. Policy
(a) Economic Regulation.--In carrying out subpart II of this
part and those provisions of subpart IV applicable in carrying
out subpart II, the Secretary of Transportation shall consider
the following matters, among others, as being in the public
interest and consistent with public convenience and necessity:
(1) * * *
* * * * * * *
(16) ensuring that consumers in all regions of the
United States, including those in small communities and
rural and remote areas, have access to affordable,
regularly scheduled air service.
* * * * * * *
Sec. 40102. Definitions
(a) General Definitions.--In this part--
(1) * * *
* * * * * * *
(5) ``air traffic control system'' means the
combination of elements used to safely and efficiently
monitor, direct, control, and guide aircraft in the
United States and United States-assigned airspace,
including--
(A) allocated electromagnetic spectrum and
physical, real, personal, and intellectual
property assets making up facilities,
equipment, and systems employed to detect,
track, and guide aircraft movement;
(B) laws, regulations, orders, directives,
agreements, and licenses;
(C) published procedures that explain
required actions, activities, and techniques
used to ensure adequate aircraft separation;
and
(D) trained personnel with specific technical
capabilities to satisfy the operational,
engineering, management, and planning
requirements for air traffic control.
[(5)] (6) ``air transportation'' means foreign air
transportation, interstate air transportation, or the
transportation of mail by aircraft.
[(6)] (7) ``aircraft'' means any contrivance
invented, used, or designed to navigate, or fly in, the
air.
[(7)] (8) ``aircraft engine'' means an engine used,
or intended to be used, to propel an aircraft,
including a part, appurtenance, and accessory of the
engine, except a propeller.
[(8)] (9) ``airman'' means an individual--
(A) * * *
* * * * * * *
[(9)] (10) ``airport'' means a landing area used
regularly by aircraft for receiving or discharging
passengers or cargo.
[(10)] (11) ``all-cargo air transportation'' means
the transportation by aircraft in interstate air
transportation of only property or only mail, or both.
[(11)] (12) ``appliance'' means an instrument,
equipment, apparatus, a part, an appurtenance, or an
accessory used, capable of being used, or intended to
be used, in operating or controlling aircraft in
flight, including a parachute, communication equipment,
and another mechanism installed in or attached to
aircraft during flight, and not a part of an aircraft,
aircraft engine, or propeller.
[(12)] (13) ``cargo'' means property, mail, or both.
[(13)] (14) ``charter air carrier'' means an air
carrier holding a certificate of public convenience and
necessity that authorizes it to provide charter air
transportation.
[(14)] (15) ``charter air transportation'' means
charter trips in air transportation authorized under
this part.
[(15)] (16) ``citizen of the United States'' means--
(A) * * *
* * * * * * *
[(16)] (17) ``civil aircraft'' means an aircraft
except a public aircraft.
[(17)] (18) ``civil aircraft of the United States''
means an aircraft registered under chapter 441 of this
title.
[(18)] (19) ``conditional sales contract'' means a
contract--
(A) * * *
* * * * * * *
[(19)] (20) ``conveyance'' means an instrument,
including a conditional sales contract, affecting title
to, or an interest in, property.
[(20)] (21) ``Federal airway'' means a part of the
navigable airspace that the Administrator designates as
a Federal airway.
[(21)] (22) ``foreign air carrier'' means a person,
not a citizen of the United States, undertaking by any
means, directly or indirectly, to provide foreign air
transportation.
[(22)] (23) ``foreign air commerce'' means the
transportation of passengers or property by aircraft
for compensation, the transportation of mail by
aircraft, or the operation of aircraft in furthering a
business or vocation, between a place in the United
States and a place outside the United States when any
part of the transportation or operation is by aircraft.
[(23)] (24) ``foreign air transportation'' means the
transportation of passengers or property by aircraft as
a common carrier for compensation, or the
transportation of mail by aircraft, between a place in
the United States and a place outside the United States
when any part of the transportation is by aircraft.
[(24)] (25) ``interstate air commerce'' means the
transportation of passengers or property by aircraft
for compensation, the transportation of mail by
aircraft, or the operation of aircraft in furthering a
business or vocation--
(A) * * *
* * * * * * *
[(25)] (26) ``interstate air transportation'' means
the transportation of passengers or property by
aircraft as a common carrier for compensation, or the
transportation of mail by aircraft--
(A) * * *
* * * * * * *
[(26)] (27) ``intrastate air carrier'' means a
citizen of the United States undertaking by any means
to provide only intrastate air transportation.
[(27)] (28) ``intrastate air transportation'' means
the transportation by a common carrier of passengers or
property for compensation, entirely in the same State,
by turbojet-powered aircraft capable of carrying at
least 30 passengers.
[(28)] (29) ``landing area'' means a place on land or
water, including an airport or intermediate landing
field, used, or intended to be used, for the takeoff
and landing of aircraft, even when facilities are not
provided for sheltering, servicing, or repairing
aircraft, or for receiving or discharging passengers or
cargo.
[(29)] (30) ``mail'' means United States mail and
foreign transit mail.
[(30)] (31) ``navigable airspace'' means airspace
above the minimum altitudes of flight prescribed by
regulations under this subpart and subpart III of this
part, including airspace needed to ensure safety in the
takeoff and landing of aircraft.
[(31)] (32) ``navigate aircraft'' and ``navigation of
aircraft'' include piloting aircraft.
[(32)] (33) ``operate aircraft'' and ``operation of
aircraft'' mean using aircraft for the purposes of air
navigation, including--
(A) * * *
* * * * * * *
[(33)] (34) ``person'', in addition to its meaning
under section 1 of title 1, includes a governmental
authority and a trustee, receiver, assignee, and other
similar representative.
[(34)] (35) ``predatory'' means a practice that
violates the antitrust laws as defined in the first
section of the Clayton Act (15 U.S.C. 12).
[(35)] (36) ``price'' means a rate, fare, or charge.
[(36)] (37) ``propeller'' includes a part,
appurtenance, and accessory of a propeller.
[(37) ``public aircraft''--
[(A) means an aircraft--
[(i) used only for the United States
Government;
[(ii) owned by the United States
Government and operated by any person
for purposes related to crew training,
equipment development, or
demonstration; or
[(iii) owned and operated (except for
commercial purposes), or exclusively
leased for at least 90 continuous days,
by a government (except the United
States Government), including a State,
the District of Columbia, or a territory
or possession of the United States, or
political subdivision of that government; but
[(B) does not include a government-owned
aircraft--
[(i) transporting property for
commercial purposes; or
[(ii) transporting passengers other
than--
[(I) transporting (for other
than commercial purposes)
crewmembers or other persons
aboard the aircraft whose
presence is required to
perform, or is associated with
the performance of, a
governmental function such as
firefighting, search and
rescue, law enforcement,
aeronautical research, or
biological or geological
resource management; or
[(II) transporting (for other
than commercial purposes)
persons aboard the aircraft if
the aircraft is operated by the
Armed Forces or an intelligence
agency of the United States.
An aircraft described in the preceding sentence
shall, notwithstanding any limitation relating
to use of the aircraft for commercial purposes,
be considered to be a public aircraft for the
purposes of this part without regard to whether
the aircraft is operated by a unit of
government on behalf of another unit of
government, pursuant to a cost reimbursement
agreement between such units of government, if
the unit of government on whose behalf the
operation is conducted certifies to the
Administrator of the Federal Aviation
Administration that the operation was necessary
to respond to a significant and imminent threat
to life or property (including natural
resources) and that no service by a private
operator was reasonably available to meet the
threat.]
(38) ``public aircraft'' means an aircraft--
(A) used only for the United States
Government, and operated under the conditions
specified by section 40125(b) if owned by the
Government;
(B) owned by the United States Government,
operated by any person for purposes related to
crew training, equipment development, or
demonstration, and operated under the
conditions specified by section 40125(b);
(C) owned and operated by the government of a
State, the District of Columbia, a territory or
possession of the United States, or a political
subdivision of one of these governments, under
the conditions specified by section 40125(c);
or
(D) exclusively leased for at least 90
continuous days by the government of a State,
the District of Columbia, a territory or
possession of the United States, or a political
subdivision of one of these governments, under
the conditions specified by section 40125(c).
[(38)] (39) ``spare part'' means an accessory,
appurtenance, or part of an aircraft (except an
aircraft engine or propeller), aircraft engine (except
a propeller), propeller, or appliance, that is to be
installed at a later time in an aircraft, aircraft
engine, propeller, or appliance.
[(39)] (40) ``State authority'' means an authority of
a State designated under State law--
(A) to receive notice required to be given a
State authority under subpart II of this part;
or
(B) as the representative of the State before
the Secretary of Transportation in any matter
about which the Secretary is required to
consult with or consider the views of a State
authority under subpart II of this part.
[(40)] (41) ``ticket agent'' means a person (except
an air carrier, a foreign air carrier, or an employee
of an air carrier or foreign air carrier) that as a
principal or agent sells, offers for sale, negotiates
for, or holds itself out as selling, providing, or
arranging for, air transportation.
[(41)] (42) ``United States'' means the States of the
United States, the District of Columbia, and the
territories and possessions of the United States,
including the territorial sea and the overlying
airspace.
* * * * * * *
Sec. 40110. General procurement authority
(a) * * *
* * * * * * *
(d) Prohibition on Release of Offeror Proposals.--
(1) General rule.--Except as provided in paragraph
(2), a proposal in the possession or control of the
Administrator may not be made available to any person
under section 552 of title 5.
(2) Exception.--Paragraph (1) shall not apply to any
portion of a proposal of an offeror the disclosure of
which is authorized by the Administrator pursuant to
procedures published in the Federal Register. The
Administrator shall provide an opportunity for public
comment on the procedures for a period of not less than
30 days beginning on the date of such publication in
order to receive and consider the views of all
interested parties on the procedures. The procedures
shall not take effect before the 60th day following the
date of such publication.
(3) Proposal defined.--In this subsection, the term
``proposal'' means information contained in or
originating from any proposal, including a technical,
management, or cost proposal, submitted by an offeror
in response to the requirements of a solicitation for a
competitive proposal.
Sec. 40111. Multiyear procurement contracts for services and related
items
(a) * * *
(b) Telecommunications Services.--Notwithstanding section
1341(a)(1)(B) of title 31, the Administrator may make a
contract of not more than 10 years for telecommunication
services that are provided through the use of a satellite if
the Administrator finds that the longer contract period would
be cost beneficial.
[(b)] (c) Required Findings.--The Administrator may make a
contract under this section only if the Administrator finds
that--
(1) * * *
* * * * * * *
[(c)] (d) Considerations.--When making a contract under this
section, the Administrator shall be guided by the following:
(1) * * *
* * * * * * *
[(d)] (e) Ending Contracts.--A contract made under this
section shall be ended if amounts are not made available to
continue the contract into a subsequent fiscal year. The cost
of ending the contract may be paid from--
(1) * * *
* * * * * * *
Sec. 40117. Passenger facility fees
(a) Definitions.--In this section--
(1) * * *
* * * * * * *
(3) ``eligible airport-related project'' means a
project--
(A) * * *
* * * * * * *
(C) for costs of terminal development
referred to in subparagraph (B) incurred after
August 1, 1986, at an airport that did not have
more than .25 percent of the total annual
passenger boardings in the United States in the
most recent calendar year for which data is
available and at which total passenger
boardings declined by at least 16 percent
between calendar year 1989 and calendar year
1997;
[(C)] (D) for airport noise capability
planning under section 47505 of this title;
[(D)] (E) to carry out noise compatibility
measures eligible for assistance under section
47504 of this title, whether or not a program
for those measures has been approved under
section 47504; [and]
[(E)] (F) for constructing gates [and],
related areas at which passengers board or exit
aircraft[.] (including structural foundations
and floor systems, exterior building walls and
load-bearing interior columns or walls,
windows, door and roof systems, and building
utilities (including heating, air conditioning,
ventilation, plumbing, and electrical
service)), and aircraft fueling facilities
adjacent to the gate.
* * * * * * *
(b) General Authority.--(1) * * *
* * * * * * *
(4) Notwithstanding paragraph (1), the Secretary may
authorize under this section an eligible agency to impose a
passenger facility fee in whole dollar amounts of more than $3
on each paying passenger of an air carrier or foreign air
carrier boarding an aircraft at an airport the agency controls
to finance an eligible airport-related project, including
making payments for debt service on indebtedness incurred to
carry out the project, if the Secretary finds--
(A) that the project will make a significant
contribution to improving air safety and security,
increasing competition among air carriers, reducing
current or anticipated congestion, or reducing the
impact of aviation noise on people living near the
airport;
(B) that the project cannot be paid for from funds
reasonably expected to be available for the programs
referred to in section 48103; and
(C) that the amount to be imposed is not more than
twice that which may be imposed under paragraph (1).
* * * * * * *
(d) Limitations on Approving Applications.--The Secretary may
approve an application that an eligible agency has submitted
under subsection (c) of this section to finance a specific
project only if the Secretary finds, based on the application,
that--
(1) * * *
(2) each project is an eligible airport-related
project that will--
(A) * * *
* * * * * * *
(C) provide an opportunity for enhanced
competition between or among air carriers and
foreign air carriers; [and]
(3) the application includes adequate justification
for each of the specific projects[.]; and
(4) in the case of an application to impose a fee of
more than $3 for a surface transportation or terminal
project, the agency has made adequate provision for
financing the airside needs of the airport, including
runways, taxiways, aprons, and aircraft gates.
* * * * * * *
(i) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section. The regulations--
(1) may prescribe the time and form by which a
passenger facility fee takes effect; [and]
(2) shall--
(A) * * *
* * * * * * *
(D) require that the amount collected for any
air transportation be noted on the ticket for
that air transportation[.]; and
(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 carrier in the class
constitutes not more than 1 percent of the
total number of passengers enplaned annually at
the airport at which the fee is imposed; or
(B) passengers traveling to an airport--
(i) that has fewer than 2,500
passenger boardings each year and
receives scheduled passenger service;
and
(ii) in a community which has a
population of less than 10,000 and is
not connected by a land highway to the
land-connected National Highway System
within a State.
(j) Competition Plans.--Beginning in fiscal year 2001, no
eligible agency may impose a passenger facility fee under this
section with respect to a covered airport (as such term is
defined in section 47106(f)) unless the agency has submitted to
the Secretary a written competition plan in accordance with
such section. This subsection does not apply to passenger
facility fees in effect before the date of enactment of this
subsection.
* * * * * * *
Sec. 40120. Relationship to other laws
(a) Nonapplication.--Except as provided in the International
Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the
navigation and shipping laws of the United States (including
the Act entitled ``An Act relating to the maintenance of
actions for death on the high seas and other navigable
waters'', approved March 30, 1920, commonly known as the Death
on the High Seas Act (46 U.S.C. App. 761-767; 41 Stat. 537-
538)) and the rules for the prevention of collisions do not
apply to aircraft or to the navigation of vessels related to
those aircraft.
* * * * * * *
Sec. 40122. Federal Aviation Administration personnel management system
(a) In General.--
(1) * * *
(2) Mediation.--If the Administrator does not reach
an agreement under paragraph (1) with the exclusive
bargaining representatives, the services of the Federal
Mediation and Conciliation Service shall be used to
attempt to reach such agreement. If the services of the
Federal Mediation and Conciliation Service do not lead
to an agreement, the Administrator's proposed change to
the personnel management system shall not take effect
until 60 days have elapsed after the Administrator has
transmitted the proposed change, along with the
objections of the exclusive bargaining representatives
to the change, and the reasons for such objections, to
Congress. The 60-day period shall not include any
period during which Congress has adjourned sine die.
* * * * * * *
(g) Right To Contest Adverse Personnel Actions.--An employee
of the Federal Aviation Administration who is the subject of a
major adverse personnel action may contest the action either
through any contractual grievance procedure that is applicable
to the employee as a member of the collective bargaining unit
or through the Administration's internal process relating to
review of major adverse personnel actions of the
Administration, known as Guaranteed Fair Treatment or under
section 347(c) of the Department of Transportation and Related
Agencies Appropriations Act, 1996.
(h) Election of Forum.--Where a major adverse personnel
action may be contested through more than one of the indicated
forums (such as the contractual grievance procedure, the
Federal Aviation Administration's internal process, or that of
the Merit Systems Protection Board), an employee must elect the
forum through which the matter will be contested. Nothing in
this section is intended to allow an employee to contest an
action through more than one forum unless otherwise allowed by
law.
(i) Definition.--For purposes of this section, the term
``major adverse personnel action'' means a suspension of more
than 14 days, a reduction in pay or grade, a removal for
conduct or performance, a nondisciplinary removal, a furlough
of 30 days or less (but not including placement in a nonpay
status as the result of a lapse of appropriations or an
enactment by Congress), or a reduction in force action.
* * * * * * *
Sec. 40125. Qualifications for public aircraft status
(a) Definitions.--In this section, the following definitions
apply:
(1) Commercial purposes.--The term ``commercial
purposes'' means the transportation of persons or
property for compensation or hire, but does not include
the operation of an aircraft by one government on
behalf of another government under a cost reimbursement
agreement if the government on whose behalf the
operation is conducted certifies to the Administrator
of the Federal Aviation Administration that the
operation is necessary to respond to a significant and
imminent threat to life or property (including natural
resources) and that no service by a private operator is
reasonably available to meet the threat.
(2) Governmental function.--The term ``governmental
function'' means an activity undertaken by a
government, such as firefighting, search and rescue,
law enforcement, aeronautical research, or biological
or geological resource management.
(3) Qualified non-crewmember.--The term ``qualified
non-crewmember'' means an individual, other than a
member of the crew, aboard an aircraft--
(A) operated by the armed forces or an
intelligence agency of the United States
Government; or
(B) whose presence is required to perform, or
is associated with the performance of, a
governmental function.
(b) Aircraft Owned by the United States.--An aircraft
described in subparagraph (A) or (B) of section 40102(38), if
owned by the Government, qualifies as a public aircraft except
when it is used for commercialpurposes or to carry an
individual other than a crewmember or a qualified non-crewmember.
(c) Aircraft Owned by State and Local Governments.--An
aircraft described in subparagrapg (C) or (D) of section
40102(a)(38) qualifies as a public aircraft except when it is
used for commercial purposes or to carry an individual other
than a crewmember or a qualified non-crewmember.
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 (including tribal lands) except--
(A) in accordance with this section;
(B) in accordance with conditions and
limitations prescribed for that operator by the
Administrator; and
(C) in accordance with any applicable air
tour management plan for the park.
(2) Application for operating authority.--
(A) Application required.--Before commencing
commercial air tour operations over a national
park (including tribal lands), a commercial air
tour operator shall apply to the Administrator
for authority to conduct the operations over
the park.
(B) Competitive bidding for limited capacity
parks.--Whenever an air tour management plan
limits the number of commercial air tour
operations over a national park during a
specified time frame, the Administrator, in
cooperation with the Director, shall issue
operation specifications to commercial air tour
operators that conduct such operations. The
operation specifications shall include such
terms and conditions as the Administrator and
the Director find necessary for management of
commercial air tour operations over the park.
The Administrator, in cooperation with the
Director, shall develop an open competitive
process for evaluating proposals from persons
interested in providing commercial air tour
operations over the park. In making a selection
from among various proposals submitted, the
Administrator, in cooperation with the
Director, shall consider relevant factors,
including--
(i) the safety record of the person
submitting the proposal or pilots
employed by the person;
(ii) any quiet aircraft technology
proposed to be used by the person
submitting the proposal;
(iii) the experience of the person
submitting the proposal with commercial
air tour operations over other national
parks or scenic areas;
(iv) the financial capability of the
company;
(v) any training programs for pilots
provided by the person submitting the
proposal; and
(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the National Park
Service for the affected park.
(C) Number of operations authorized.--In
determining the number of authorizations to
issue to provide commercial air tour operations
over a national park, the Administrator, in
cooperation with the Director, shall take into
consideration the provisions of the air tour
management plan, the number of existing
commercial air tour operators and current level
of service and equipment provided by any such
operators, and the financial viability of each
commercial air tour operation.
(D) Cooperation with nps.--Before granting an
application under this paragraph, the
Administrator, in cooperation with the
Director, shall develop an air tour management
plan in accordance with subsection (b) and
implement such plan.
(3) Exception.--
(A) In general.--If a commercial air tour
operator secures a letter of agreement from the
Administrator and the superintendent for the
national park that describes the conditions
under which the commercial air tour operation
will be conducted, then notwithstanding
paragraph (1), the commercial air tour operator
may conduct such operations over the national
park under part 91 of title 14, Code of Federal
Regulations, if such activity is permitted
under part 119 of such title.
(B) Limit on exceptions.--Not more than 5
flights in any 30-day period over a single
national park may be conducted under this
paragraph.
(4) Special rule for safety requirements.--
Notwithstanding subsection (d), an existing commercial
air tour operator shall apply, not later than 90 days
after the date of enactment of this section, for
operating authority under part 119, 121, or 135 of
title 14, Code of Federal Regulations. A new entrant
commercial air tour operator shall apply for such
authority before conducting commercial air tour
operations over a national park (including tribal
lands). The Administrator shall act on any such
application for a new entrant and issue a decision on
the application not later than 24 months after it is
received or amended.
(b) Air Tour Management Plans.--
(1) Establishment.--
(A) In general.--The Administrator, in
cooperation with the Director, shall establish
an air tour management plan for any national
park (including tribal lands) for which such a
plan is not in effect whenever a person applies
for authority to conduct a commercial air tour
operation over the park. The air tour
management plan shall be developed by means of
a public process in accordance with paragraph
(4).
(B) Objective.--The objective of any air tour
management plan shall be to develop acceptable
and effective measures to mitigate or prevent
the significant adverse impacts, if any, of
commercial air tours upon the natural and
cultural resources, visitor experiences, and
tribal lands.
(2) Environmental determination.--In establishing an
air tour management plan under this subsection, the
Administrator and the Director shall each sign the
environmental decision document required by section 102
of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) (including a finding of no significant
impact, an environmental assessment, and 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 limit or prohibit commercial air tour
operations;
(B) may establish conditions for the conduct
of commercial air tour operations, including
commercial air tour operation 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
adverse noise, visual, or other impacts;
(C) may apply to all commercial air tour
operations;
(D) shall include incentives (such as
preferred commercial air tour operation routes
and altitudes and relief from flight caps and
curfews) for the adoption of quiet aircraft
technology by commercial air tour operators
conducting commercial air tour operations over
the park;
(E) shall provide a system for allocating
opportunities to conduct commercial air tours
if the air tour management plan includes a
limitation on the number of commercial air tour
operations for any time period; and
(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A)
through (E) and include such justifications in
the record of decision.
(4) Procedure.--In establishing an air tour
management plan for a national park (including tribal
lands), the Administrator and the Director shall--
(A) hold at least one public meeting with
interested parties to develop the air tour
management plan;
(B) publish the proposed plan in the Federal
Register for notice and comment and make copies
of the proposed plan available to the public;
(C) comply with the regulations set forth in
sections 1501.3 and 1501.5 through 1501.8 of
title 40, Code of Federal Regulations (for
purposes of complying with the regulations, the
Federal Aviation Administration shall be the
lead agency and the National Park Service is a
cooperating agency); and
(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial
air tour operation over the park, as a
cooperating agency under the regulations
referred to in subparagraph (C).
(5) Judicial review.--An air tour management plan
developed under this subsection shall be subject to
judicial review.
(6) Amendments.--The Administrator, in cooperation
with the Director, may make amendments to an air tour
management plan. Any such amendments shall be published
in the Federal Register for notice and comment. A
request for amendment of an air tour management plan
shall be made in such form and manner as the
Administrator may prescribe.
(c) Determination of Commercial Air Tour Operation Status.--
In making a determination of whether a flight is a commercial
air tour operation, the Administrator may consider--
(1) whether there was a holding out to the public of
willingness to conduct a sightseeing flight for
compensation or hire;
(2) whether a narrative that referred to areas or
points of interest on the surface below the route of
the flight was provided by the person offering the
flight;
(3) the area of operation;
(4) the frequency of flights conducted by the person
offering the flight;
(5) the route of flight;
(6) the inclusion of sightseeing flights as part of
any travel arrangement package offered by the person
offering the flight;
(7) whether the flight would have been canceled based
on poor visibility of the surface below the route of
the flight; and
(8) any other factors that the Administrator
considers appropriate.
(d) Interim Operating Authority.--
(1) In general.--Upon application for operating
authority, the Administrator shall grant interim
operating authority under this subsection to a
commercial air tour operator for commercial air tour
operations over a national park (including 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 this section; or
(ii) the average number of flights
per 12-month period used by the
operator to provide such tours within
the 36-month period prior to such date
of enactment, and, for seasonal
operations, the number of flights so
used during the season or seasons
covered by that 12-month period;
(B) may not provide for an increase in the
number of commercial air tour operations
conducted during any time period by the
commercial air tour operator above the number
that the air tour operator was originally
granted unless such an increase is agreed to by
the Administrator and the Director;
(C) shall be published in the Federal
Register to provide notice and opportunity for
comment;
(D) may be revoked by the Administrator for
cause;
(E) shall terminate 180 days after the date
on which an air tour management plan is
established for the park or the tribal lands;
(F) shall promote protection of national park
resources, visitor experiences, and tribal
lands;
(G) shall promote safe operations of the
commercial air tour;
(H) shall promote the adoption of quiet
technology, as appropriate; and
(I) shall allow for modifications of the
operation based on experience if the
modification improves protection of national
park resources and values and of tribal lands.
(e) Exemptions.--
(1) In general.--Except as provided by paragraph (2),
this section shall not apply to--
(A) the Grand Canyon National Park;
(B) tribal lands within or abutting the Grand
Canyon National Park; or
(C) any unit of the National Park System
located in Alaska or any other land or water
located in Alaska.
(2) Exception.--This section shall apply to the Grand
Canyon National Park if section 3 of Public Law 100-91
(16 U.S.C. 1a-1 note; 101 Stat. 674-678) is no longer
in effect.
(f) Definitions.--In this section, the following definitions
apply:
(1) Commercial air tour operator.--The term
``commercial air tour operator'' means any person who
conducts a commercial air tour operation.
(2) Existing commercial air tour operator.--The term
``existing commercial air tour operator'' means a
commercial air tour operator that was actively engaged
in the business of providing commercial air tour
operations over a national park at any time during the
12-month period ending on the date of enactment of this
section.
(3) New entrant commercial air tour operator.--The
term ``new entrant commercial air tour operator'' means
a commercial air tour operator that--
(A) applies for operating authority as a
commercial air tour operator for a national
park; and
(B) has not engaged in the business of
providing commercial air tour operations over
the national park (including tribal lands) in
the 12-month period preceding the application.
(4) Commercial air tour operation.--The term
``commercial air tour operation'' means any flight,
conducted for compensation or hire in a powered
aircraft where a purpose of the flight is sightseeing
over a national park, within \1/2\ mile outside the
boundary of any national park, or over tribal lands,
during which the aircraft flies--
(A) below a minimum altitude, determined by
the Administrator in cooperation with the
Director, above ground level (except solely for
purposes of takeoff or landing, or necessary
for safe operation of an aircraft as determined
under the rules and regulations of the Federal
Aviation Administration requiring the pilot-in-
command to take action to ensure the safe
operation of the aircraft); or
(B) less than 1 mile laterally from any
geographic feature within the park (unless more
than \1/2\ mile outside the boundary).
(5) National park.--The term ``national park'' means
any unit of the National Park System.
(6) Tribal lands.--The term ``tribal lands'' means
Indian country (as that term is defined in section 1151
of title 18) that is within or abutting a national
park.
(7) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Aviation
Administration.
(8) Director.--The term ``Director'' means the
Director of the National Park Service.
SUBPART II--ECONOMIC REGULATION
CHAPTER 411--AIR CARRIER CERTIFICATES
* * * * * * *
Sec. 41113. Plans to address needs of families of passengers involved
in aircraft accidents
(a) Submission of Plans.--[Not later than 6 months after the
date of the enactment of this section, each air carrier] Each
air carrier holding a certificate of public convenience and
necessity under section 41102 of this title shall submit to the
Secretary and the Chairman of the National Transportation
Safety Board a plan for addressing the needs of the families of
passengers involved in any aircraft accident involving an
aircraft of the air carrier and resulting in a major loss of
life.
(b) Contents of Plans.--A plan to be submitted by an air
carrier under subsection (a) shall include, at a minimum, the
following:
(1) * * *
* * * * * * *
(14) An assurance that, upon request of the family of
a passenger, the air carrier will inform the family of
whether the passenger's name appeared on a preliminary
passenger manifest for the flight involved in the
accident.
(15) An assurance that the air carrier will provide
adequate training to the employees and agents of the
carrier to meet the needs of survivors and family
members following an accident.
(16) An assurance that the air carrier, in the event
that the air carrier volunteers assistance to United
States citizens within the United States in the case of
an aircraft accident outside the United States
involving major loss of life, the air carrier will
consult with the Board and the Department of State on
the provision of the assistance.
(c) Certificate Requirement.--[After the date that is 6
months after the date of the enactment of this section, the
Secretary] The Secretary may not approve an application for a
certificate of public convenience and necessity under section
41102 of this title unless the applicant [has included as part
of such application a plan that meets the requirements of
subsection (b).] has included as part of such application--
(1) a plan that meets the requirements of subsection
(b); and
(2) an agreement that in the event that the air
carrier volunteers assistance to United States citizens
within the United States in the case of an aircraft
accident outside the UnitedStates involving major loss
of life, the air carrier will consult with the Board and the Department
of State on the provision of the assistance.
(d) Limitation on Liability.--An air carrier shall not be
liable for damages in any action brought in a Federal or State
court arising out of the performance of the air carrier in
preparing or providing a passenger list, or in providing
information concerning a flight reservation, pursuant to a plan
submitted by the air carrier under subsection (b), unless such
liability was caused by conduct of the air carrier which was
grossly negligent or which constituted intentional misconduct.
* * * * * * *
(f) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that an air
carrier may take, or the obligations that an air carrier may
have, in providing assistance to the families of passengers
involved in an aircraft accident.
CHAPTER 413--FOREIGN AIR TRANSPORTATION
* * * * * * *
Sec. 41310. Discriminatory practices
[(a) Prohibition.--An air carrier or foreign air carrier may
not subject a person, place, port, or type of traffic in
foreign air transportation to unreasonable discrimination.]
(a) Prohibitions.--
(1) In general.--An air carrier or foreign air
carrier may not subject a person, place, port, or type
of traffic in foreign air transportation to
unreasonable discrimination.
(2) Discrimination against persons.--An air carrier
or foreign air carrier may not subject a person in
foreign air transportation to discrimination on the
basis of race, color, national origin, religion, or
sex.
* * * * * * *
Sec. 41313. Plans to address needs of families of passengers involved
in foreign air carrier accidents
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
[(2) Passenger.--The term ``passenger'' includes an
employee of a foreign air carrier or air carrier aboard
an aircraft.]
(2) Passenger.--The term ``passenger'' has the
meaning given such term by section 1136 of this title.
(b) Submission of Plans.--A foreign air carrier providing
foreign air transportation under this chapter shall transmit to
the Secretary of Transportation and the Chairman of the
National Transportation Safety Board a plan for addressing the
needs of the families of passengers involved in an aircraft
accident that involves an aircraft under the control of the
foreign air carrier and results in a [significant] major loss
of life.
(c) Contents of Plans.--To the extent permitted by foreign
law which was in effect on the date of the enactment of this
section, a plan submitted by a foreign air carrier under
subsection (b) shall include the following:
(1) * * *
(15) Training of employees and agents.--An assurance
that the foreign air carrier will provide adequate
training to the employees and agents of the carrier to
meet the needs of survivors and family members
following an accident.
(16) Consultation on carrier response not covered by
plan.--An assurance that the foreign air carrier, in
the event that the foreign air carrier volunteers
assistance to United States citizens within the United
States in the case of an aircraft accident outside the
United States involving major loss of life, the foreign
air carrier will consult with the Board and the
Department of State on the provision of the assistance.
* * * * * * *
(d) Permit and Exemption Requirement.--The Secretary shall
not approve an application for a permit under section 41302
unless the applicant [has included as part of the application
or request for exemption a plan that meets the requirements of
subsection (c).] has included as part of the application or
request for exemption--
(1) a plan that meets the requirements of subsection
(c); and
(2) an agreement that, in the event that the foreign
air carrier volunteers assistance to United States
citizens within the United States in the case of an
aircraft accident outside the United States involving
major loss of life, the foreign air carrier will
consult with the Board and the Department of State on
the provision of the assistance.
* * * * * * *
CHAPTER 417--OPERATIONS OF CARRIERS
* * * * * * *
SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE
41731. Definitions.
* * * * * * *
[41742. Essential air service authorization.]
41742. Small community air service authorization.
* * * * * * *
SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
Sec.
41761. Purpose.
41762. Definitions.
41763. Federal credit instruments.
41764. Use of Federal facilities and assistance.
41765. Administrative expenses.
41766. Funding.
41767. Termination.
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 41702. Interstate air transportation
[An air carrier] (a) Safe and Adequate Air Transportation.--
An air carrier shall provide safe and adequate interstate air
transportation.
(b) Discrimination Against Persons.--An air carrier may not
subject a person in interstate air transportation to
discrimination on the basis of race, color, national origin,
religion, or sex.
* * * * * * *
Sec. 41705. Discrimination against handicapped individuals
In providing air transportation, an air carrier or foreign
air carrier may not discriminate against an otherwise qualified
individual on the following grounds:
(1) * * *
* * * * * * *
Sec. 41714. Availability of slots
(a) * * *
* * * * * * *
[(e) Study.--
[(1) Matters to be considered.--The Secretary shall
continue the Secretary's current examination of slot
regulations and shall ensure that the examination
includes consideration of--
[(A) whether improvements in technology and
procedures of the air traffic control system
and the use of quieter aircraft make it
possible to eliminate the limitations on hourly
operations imposed by the high density rule
contained in part 93 of title 14 of the Code of
Federal Regulations or to increase the number
of operations permitted under such rule;
[(B) the effects of the elimination of
limitations or an increase in the number of
operations allowed on each of the following:
[(i) congestion and delay in any part
of the national aviation system;
[(ii) the impact of noise on persons
living near the airport;
[(iii) competition in the air
transportation system;
[(iv) the profitability of operations
of airlines serving the airport; and
[(v) aviation safety;
[(C) the impact of the current slot
allocation process upon the ability of air
carriers to provide essential air service under
subchapter II of this chapter;
[(D) the impact of such allocation process
upon the ability of new entrant air carriers to
obtain slots in time periods that enable them
to provide service;
[(E) the impact of such allocation process on
the ability of foreign air carriers to obtain
slots;
[(F) the fairness of such process to air
carriers and the extent to which air carriers
are provided equivalent rights of access to the
air transportation market in the countries of
which foreign air carriers holding slots are
citizens;
[(G) the impact, on the ability of air
carriers to provide domestic and international
air service, of the withdrawal of slots from
air carriers in order to provide slots for
foreign air carriers; and
[(H) the impact of the prohibition on slot
withdrawals in subsections (b)(2) and (b)(3) of
this section on the aviation relationship
between the United States Government and
foreign governments, including whether the
prohibition in such subsections will require
the withdrawal of slots from general and
military aviation in order to meet the needs of
air carriers and foreign air carriers providing
foreign air transportation (and the impact of
such withdrawal on general aviation and
military aviation) and whether slots will
become available to meet the needs of air
carriers and foreign air carriers to provide
foreign air transportation as a result of the
planned relocation of Air Force Reserve units
and the Air National Guard at O'Hare
International Airport.
[(2) Report.--Not later than January 31, 1995, the
Secretary shall complete the current examination of
slot regulations and shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report containing the
results of such examination.
[(f) Rulemaking.--The Secretary shall conduct a rulemaking
proceeding based on the results of the study described in
subsection (e). In the course of such proceeding, the Secretary
shall issue a notice of proposed rulemaking not later than
August 1, 1995, and shall issue a final rule not later than 90
days after public comments are due on the notice of proposed
rulemaking.]
(e) Slots for Airports Not Receiving Sufficient Service.--
(1) Exemptions.--Notwithstanding chapter 491, the
Secretary 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), to enable air carriers to
provide nonstop air transportation using jet aircraft
that comply with the stage 3 noise levels of part 36 of
such title 14 between Ronald Reagan Washington National
Airport and an airport that had less than 2,000,000
enplanements in the most recent year for which such
enplanement data is available or between Ronald Reagan
Washington National Airport and an airport that does
not have nonstop transportation to Ronald Reagan
Washington National Airport using such aircraft on the
date on which the application for an exemption is
filed.
(2) Limitations.--
(A) Maximum number of exemptions.--No more
than 2 exemptions per hour and no more than 6
exemptions per day may be granted under this
subsection for slots at Ronald Reagan
Washington National Airport.
(B) Maximum distance of flights.--An
exemption may be granted under this subsection
for a slot at Ronald Reagan Washington National
Airport only if the flight utilizing such slot
begins or ends within 1,250 miles of the
Airport and a stage 3 aircraft is used for such
flight.
(3) Application.--An air carrier interested in an
exemption under this subsection shall submit to the
Secretary an application for such exemption. No
application may be submitted to the Secretary before
the last day of the 30-day period beginning on the date
of the enactment of this paragraph.
(4) Deadline for decision.--Notwithstanding any other
provision of law, the Secretary shall make a decision
with regard to granting an exemption under this
subsection on or before the 120th day following the
date of the application for the exemption. If the
Secretary does not make the decision on or before such
120th day, the air carrier applying for the service may
provide such service until the Secretary makes the
decision or the Administrator of the Federal Aviation
Administration determines that providing such service
would have an adverse effect on air safety.
(5) Period of effectiveness.--An exemption granted
under this subsection shall remain in effect only while
the air carrier for whom the exemption is granted
continues to provide the nonstop air transportation for
which the exemption is granted.
(f) Treatment of Certain Commuter Air 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.
* * * * * * *
Sec. 41716. Joint venture agreements
(a) Definitions.--In this section, the following definitions
apply:
(1) Joint venture agreement.--The term ``joint
venture agreement'' means [an agreement entered into by
a major air carrier] an agreement entered into between
2 or more major air carriers on or after January 1,
1998, with regard to (A) code-sharing, blocked-space
arrangements, long-term wet leases (as defined in
section 207.1 of title 14, Code of Federal Regulations)
of a substantial number (as defined by the Secretary by
regulation) of aircraft, or frequent flyer programs, or
(B) any other cooperative working arrangement (as
defined by the Secretary by regulation) between 2 or
more major air carriers that affects more than 15
percent of the total number of available seat miles
offered by the major air carriers.
* * * * * * *
SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE
* * * * * * *
Sec. 41736. Air transportation to noneligible places
(a) * * *
* * * * * * *
(b) Approval for Certain Air Transportation.--Notwithstanding
subsection (a)(1)(B) of this section, the Secretary shall
approve a proposal under this section to compensate an air
carrier for providing air transportation to a place in the 48
contiguous States or the District of Columbia and designate the
place as eligible for compensation under this section if--
(1) * * *
* * * * * * *
Paragraph (4) shall not apply to any place for which a proposal
was approved or that was designated as eligible under this
section in the period beginning on October 1, 1991, and ending
on December 31, 1997.
* * * * * * *
Sec. 41742. [Essential] Small community air service authorization
(a) In General.--Out of the amounts received by the Federal
Aviation Administration credited to the account established
under section 45303 of this title or otherwise provided to the
Administration, the sum of [$50,000,000] $60,000,000 is
authorized and shall be made available immediately for
obligation and expenditure to carry out the [essential air]
small community air service program under this subchapter for
each fiscal year.
[(b) Funding for Small Community Air Service.--
Notwithstanding any other provision of law, moneys credited to
the account established under section 45303(a) of this title,
including the funds derived from fees imposed under the
authority contained in section 45301(a) of this title, shall be
used to carry out the essential air service program under this
subchapter. Notwithstanding section 47114(g) of this title, any
amounts from those fees that are not obligated or expended at
the end of the fiscal year for the purpose of funding the
essential air service program under this subchapter shall be
made available to the Administration for use in improving rural
air safety under subchapter I of chapter 471 of this title and
shall be used exclusively for projects at rural airports under
this subchapter.]
(b) Funding for Small Community Air Service.--
(1) In general.--Notwithstanding any other provision
of law, from moneys credited to the account established
under section 45303(a), including the funds derived
from fees imposed under the authority contained in
section 45301(a)--
(A) not to exceed $50,000,000 for each fiscal
year beginning after September 30, 1999, shall
be used to carry out the small community air
service program under this subchapter; and
(B) not to exceed $10,000,000 for such fiscal
year shall be used--
(i) for assisting an air carrier to
subsidize service to and from an
underserved airport for a period not to
exceed 3 years;
(ii) for assisting an underserved
airport to obtain jet aircraft service
(and to promote passenger use of that
service) to and from the underserved
airport; and
(iii) for assisting an underserved
airport to implement such other
measures as the Secretary of
Transportation, in consultation with
such airport, considers appropriate to
improve air service both in terms of
the cost of such service to consumers
and the availability of such service,
including improving air service through
marketing and promotion of air service
and enhanced utilization of airport
facilities.
(2) Rural air safety.--Any funds that are made
available by paragraph (1) for a fiscal year and that
the Secretary determines will not be obligated or
expended before the last day of such fiscal year shall
be available to the Administrator for use under this
subchapter in improving rural air safety at airports
with less than 100,000 annual boardings.
(3) Allocation of additional funding.--If, for a
fiscal year beginning after September 30, 1999, more
than $60,000,000 is made available under subsection (a)
to carry out the small community air service program,
\1/2\ of the amounts in excess of $60,000,000 shall be
used for the purposes specified in paragraph (1)(B), in
addition to amounts made available for such purposes
under paragraph (1)(B).
(4) Use of unobligated amounts.--Any funds made
available under paragraph (1)(A) for the small
community air service program for a fiscal year that
the Secretary determines will not be obligated or
expended before the last day of such fiscal year shall
be available for use by the Secretary for the purposes
described in paragraph (1)(B).
(5) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), of the
amounts appropriated pursuant to section 106(k) for a
fiscal year beginning after September 30, 2000, not to
exceed $15,000,000 may be used--
(A) to provide assistance to an air carrier
to subsidize service to and from an underserved
airport for a period not to exceed 3 years;
(B) to provide assistance to an underserved
airport to obtain jet aircraft service (and to
promote passenger use of that service) to and
from the underserved airport; and
(C) to provide assistance to an underserved
airport to implement such other measures as the
Secretary, in consultation with such airport,
considers appropriate to improve air service
both in terms of the cost of such service to
consumers and the availability of such service,
including improving air service through
marketing and promotion of air service and
enhanced utilization of airport facilities.
(6) Priority criteria for assisting airports not
receiving sufficient service.--In providing assistance
to airports under paragraphs (1)(B) and (5), the
Administrator shall give priority to those airports for
which a community will provide, from local sources (other
than airport revenues), a portion of the cost of the activity
to be assisted.
(7) Definitions.--In this subsection, the following
definitions apply:
(A) Underserved airport.--The term
``underserved airport'' means a nonhub airport
or small hub airport (as such terms are defined
in section 41731) that--
(i) the Secretary determines is not
receiving sufficient air carrier
service; or
(ii) has unreasonably high airfares.
(B) Unreasonably high airfare.--The term
``unreasonably high airfare'', as used with
respect to an airport, means that the airfare
listed in the table entitled ``Top 1,000 City-
Pair Market Summarized by City'', contained in
the Domestic Airline Fares Consumer Report of
the Department of Transportation, for one or
more markets for which the airport is a part of
has an average yield listed in such table that
is more than 19 cents.
(c) Special Rule for Fiscal Year 1997.--Notwithstanding
subsections (a) and (b), in fiscal year 1997, amounts in excess
of $75,000,000 that are collected in fees pursuant to section
45301(a)(1) of this title shall be available for the [essential
air] small community air service program under this subchapter,
in addition to amounts specifically provided for in
appropriations Acts.
SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
Sec. 41761. Purpose
The purpose of this subchapter is to improve service by jet
aircraft to underserved markets by providing assistance, in the
form of Federal credit instruments, to commuter air carriers
that purchase regional jet aircraft for use in serving those
markets.
Sec. 41762. Definitions
In this subchapter, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' means any
air carrier holding a certificate of public convenience
and necessity issued by the Secretary of Transportation
under section 41102.
(2) Aircraft purchase.--The term ``aircraft
purchase'' means the purchase of commercial transport
aircraft, including spare parts normally associated
with the aircraft.
(3) Capital reserve subsidy amount.--The term
``capital reserve subsidy amount'' means the amount of
budget authority sufficient to cover estimated long-
term cost to the United States Government of a Federal
credit instrument, calculated on a net present value
basis, excluding administrative costs and any
incidental effects on government receipts or outlays in
accordance with provisions of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq).
(4) Commuter air carrier.--The term ``commuter air
carrier'' means an air carrier that primarily operates
aircraft designed to have a maximum passenger seating
capacity of 75 or less in accordance with published
flight schedules.
(5) Federal credit instrument.--The term ``Federal
credit instrument'' means a secured loan, loan
guarantee, or line of credit authorized to be made
under this subchapter.
(6) Financial obligation.--The term ``financial
obligation'' means any note, bond, debenture, or other
debt obligation issued by an obligor in connection with
the financing of an aircraft purchase, other than a
Federal credit instrument.
(7) Lender.--The term ``lender'' means any non-
Federal qualified institutional buyer (as defined by
section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation) known as Rule
144A(a) of the Security and Exchange Commission and
issued under the Security Act of 1933 (15 U.S.C. 77a et
seq.)), including--
(A) a qualified retirement plan (as defined
in section 4974(c) of the Internal Revenue Code
of 1986) that is a qualified institutional
buyer; and
(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
(8) Line of credit.--The term ``line of credit''
means an agreement entered into by the Secretary with
an obligor under section 41763(d) to provide a direct
loan at a future date upon the occurrence of certain
events.
(9) Loan guarantee.--The term ``loan guarantee''
means any guarantee or other pledge by the Secretary
under section 41763(c) to pay all or part of any of the
principal of and interest on a loan or other debt
obligation issued by an obligor and funded by a lender.
(10) New entrant air carrier.--The term ``new entrant
air carrier'' means an air carrier that has been
providing air transportation according to a published
schedule for less than 5 years, including any person
that has received authority from the Secretary to
provide air transportation but is not providing air
transportation.
(11) Nonhub airport.--The term ``nonhub airport''
means an airport that each year has less than .05
percent of the total annual boardings in the United
States.
(12) Obligor.--The term ``obligor'' means a party
primarily liable for payment of the principal of or
interest on a Federal credit instrument, which party
may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or
instrumentality.
(13) Regional jet aircraft.--The term ``regional jet
aircraft'' means a civil aircraft--
(A) powered by jet propulsion; and
(B) designed to have a maximum passenger
seating capacity of not less than 30 nor more
than 75.
(14) Secured loan.--The term ``secured loan'' means a
direct loan funded by the Secretary in connection with
the financing of an aircraft purchase under section
41763(b).
(15) Small hub airport.--The term ``small hub
airport'' means an airport that each year has at least
.05 percent, but less than .25 percent, of the total
annual boardings in the United States.
(16) Underserved market.--The term ``underserved
market'' means a passenger air transportation market
(as defined by the Secretary) that--
(A) is served (as determined by the
Secretary) by a nonhub airport or a small hub
airport;
(B) is not within a 40-mile radius of an
airport that each year has at least .25 percent
of the total annual boardings in the United
States; and
(C) the Secretary determines does not have
sufficient air service.
Sec. 41763. Federal credit instruments
(a) In General.--Subject to this section, the Secretary of
Transportation may enter into agreements with 1 or more
obligors to make available Federal credit instruments, the
proceeds of which shall be used to finance aircraft purchases.
(b) Secured Loans.--
(1) Terms and limitations.--
(A) In general.--A secured loan under this
section with respect to an aircraft purchase
shall be on such terms and conditions and
contain such covenants, representatives,
warranties, and requirements (including requirements
for audits) as the Secretary determines appropriate.
(B) Maximum amount.--No secured loan may be
made under this section--
(i) that extends to more than 50
percent of the purchase price
(including the value of any
manufacturer credits, post-purchase
options, or other discounts) of the
aircraft, including spare parts, to be
purchased; or
(ii) that, when added to the
remaining balance on any other Federal
credit instruments made under this
subchapter, provides more than
$100,000,000 of outstanding credit to
any single obligor.
(C) Final payment date.--The final payment on
of the secured loan shall not be due later than
18 years after the date of execution of the
loan agreement.
(D) Subordination.--The secured loan may be
subordinate to claims of other holders of
obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor as
determined appropriate by the Secretary.
(E) Fees.--The Secretary may establish fees
at a level sufficient to cover all or a portion
of the costs to the United States Government of
making a secured loan under this section. The
proceeds of such fees shall be deposited in an
account to be used by the Secretary for the
purpose of administering the program
established under this subchapter and shall be
available upon deposit until expended.
(2) Repayment.--
(A) Schedule.--The Secretary shall establish
a repayment schedule for each secured loan
under this section based on the projected cash
flow from aircraft revenues and other repayment
sources.
(B) Commencement.--Scheduled loan repayments
of principal and interest on a secured loan
under this section shall commence no later than
3 years after the date of execution of the loan
agreement.
(3) Prepayment.--
(A) Use of excess revenue.--After satisfying
scheduled debt service requirements on all
financial obligations and secured loans and all
deposit requirements under the terms of any
trust agreement, bond resolution, or similar
agreement securing financial obligations, the
secured loan may be prepaid at anytime without
penalty.
(B) Use of proceeds of refinancing.--The
secured loan may be prepaid at any time without
penalty from proceeds of refinancing from non-
Federal funding sources.
(c) Loan Guarantees.--
(1) In general.--A loan guarantee under this section
with respect to a loan made for an aircraft purchase
shall be made in such form and on such terms and
conditions and contain such covenants, representatives,
warranties, and requirements (including requirements
for audits) as the Secretary determines appropriate.
(2) Maximum amount.--No loan guarantee shall be made
under this section--
(A) that extends to more than the unpaid
interest and 50 percent of the unpaid principal
on any loan;
(B) that, for any loan or combination of
loans, extends to more than 50 percent of the
purchase price (including the value of any
manufacturer credits, post-purchase options, or
other discounts) of the aircraft, including
spare parts, to be purchased with the loan or
loan combination;
(C) on any loan with respect to which terms
permit repayment more than 15 years after the
date of execution of the loan; or
(D) that, when added to the remaining balance
on any other Federal credit instruments made
under this subchapter, provides more than
$100,000,000 of outstanding credit to any
single obligor.
(3) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the United States Government of making a loan
guarantee under this section. The proceeds of such fees
shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be
available upon deposit until expended.
(d) Lines of Credit.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary may enter into agreements to
make available lines of credit to 1 or more obligors in
the form of direct loans to be made by the Secretary at
future dates on the occurrence of certain events for
any aircraft purchase selected under this section.
(2) Terms and limitations.--
(A) In general.--A line of credit under this
subsection with respect to an aircraft purchase
shall be on such terms and conditions and
contain such covenants, representatives,
warranties, and requirements (including
requirements for audits) as the Secretary
determines appropriate.
(B) Maximum amount.--
(i) Total amount.--The amount of any
line of credit shall not exceed 50
percent of the purchase price
(including the value of any
manufacturer credits, post-purchase
options, or other discounts) of the
aircraft, including spare parts.
(ii) 1-year draws.--The amount drawn
in any year shall not exceed 20 percent
of the total amount of the line of
credit.
(C) Draws.--Any draw on the line of credit
shall represent a direct loan.
(D) Period of availability.--The line of
credit shall be available not more than 5 years
after the aircraft purchase date.
(E) Rights of third-party creditors.--
(i) Against united states
government.--A third-party creditor of
the obligor shall not have any right
against the United States Government
with respect to any draw on the line of
credit.
(ii) Assignment.--An obligor may
assign the line of credit to 1 or more
lenders or to a trustee on the lender's
behalf.
(F) Subordination.--A direct loan under this
subsection may be subordinate to claims of
other holders of obligations in the event of
bankruptcy, insolvency, or liquidation of the
obligor as determined appropriate by the
Secretary.
(G) Fees.--The Secretary may establish fees
at a level sufficient to cover all of a portion
of the costs to the United States Government of
providing a line of credit under this
subsection. The proceeds of such fees shall be
deposited in an account to be used by the
Secretary for the purpose of administering the
program established under this subchapter and
shall be available upon deposit until expended.
(3) Repayment.--
(A) Schedule.--The Secretary shall establish
a repayment schedule for each direct loan under
this subsection.
(B) Commencement.--Scheduled loan repayments
of principal or interest on a direct loan under
this subsection shall commence no later than 3
years after the date of the first draw on the
line of credit and shall be repaid, with
interest, not later than 18 years after the
date of the first draw.
(e) Risk Assessment.--Before entering into an agreement under
this section to make available a Federal credit instrument, the
Secretary, in consultation with the Director of the Office of
Management and Budget, shall determine an appropriate capital
reserve subsidy amount for the Federal credit instrument based
on such credit evaluations as the Secretary deems necessary.
(f) Conditions.--Subject to subsection (h), the Secretary may
only make a Federal credit instrument available under this
section if the Secretary finds that--
(1) the aircraft to be purchased with the Federal
credit instrument is a regional jet aircraft needed to
improve the service and efficiency of operation of a
commuter air carrier or new entrant air carrier;
(2) the commuter air carrier or new entrant air
carrier enters into a legally binding agreement that
requires the carrier to use the aircraft to provide
service to underserved markets; and
(3) the prospective earning power of the commuter air
carrier or new entrant air carrier, together with the
character and value of the security pledged, including
the collateral value of the aircraft being acquired and
any other assets or pledges used to secure the Federal
credit instrument, furnish--
(A) reasonable assurances of the air
carrier's ability and intention to repay the
Federal credit instrument within the terms
established by the Secretary--
(i) to continue its operations as an
air carrier; and
(ii) to the extent that the Secretary
determines to be necessary, to continue
its operations as an air carrier
between the same route or routes being
operated by the air carrier at the time
of the issuance of the Federal credit
instrument; and
(B) reasonable protection to the United
States.
(g) Limitation on Combined Amount of Federal Credit
Instruments.--The Secretary shall not allow the combined amount
of Federal credit instruments available for any aircraft
purchase under this section to exceed--
(1) 50 percent of the cost of the aircraft purchase;
or
(2) $100,000,000 for any single obligor.
(h) Requirement.--Subject to subsection (i), no Federal
credit instrument may be made under this section for the
purchase of any regional jet aircraft that does not comply with
the stage 3 noise levels of part 36 of title 14 of the Code of
Federal Regulations, as in effect on January 1, 1999.
(i) Other Limitations.--No Federal credit instrument shall be
made by the Secretary under this section for the purchase of a
regional jet aircraft unless the commuter air carrier or new
entrant air carrier enters into a legally binding agreement
that requires the carrier to provide scheduled passenger air
transportation to the underserved market for which the aircraft
is purchased for a period of not less than 36 consecutive
months after the date that aircraft is placed in service.
Sec. 41764. Use of Federal facilities and assistance
(a) Use of Federal Facilities.--To permit the Secretary of
Transportation to make use of such expert advice and services
as the Secretary may require in carrying out this subchapter,
the Secretary may use available services and facilities of
other agencies and instrumentalities of the United States
Government--
(1) with the consent of the appropriate Federal
officials; and
(2) on a reimbursable basis.
(b) Assistance.--The head of each appropriate department or
agency of the United States Government shall exercise the
duties and powers of that head in such manner as to assist in
carrying out the policy specified in section 41761.
(c) Oversight.--The Secretary shall make available to the
Comptroller General of the United States such information with
respect to any Federal credit instrument made under this
subchapter as the Comptroller General may require to carry out
the duties of the Comptroller General under chapter 7 of title
31.
Sec. 41765. Administrative expenses
In carrying out this subchapter, the Secretary shall use
funds made available by appropriations to the Department of
Transportation for the purpose of administration, in addition
to the proceeds of any fees collected under this subchapter, to
cover administrative expenses of the Federal credit instrument
program under this subchapter.
Sec. 41766. Funding
Of the amounts appropriated under section 106(k) for each of
fiscal years 2001 through 2004, such sums as may be necessary
may be used to carry out this subchapter, including
administrative expenses.
Sec. 41767. Termination
(a) Authority To Issue Federal Credit Instruments.--The
authority of the Secretary of Transportation to issue Federal
credit instruments under section 41763 shall terminate on the
date that is 5 years after the date of the enactment of this
subchapter.
(b) Continuation of Authority To Administer Program for
Existing Federal Credit Instruments.--On and after the
termination date, the Secretary shall continue to administer
the program established under this subchapter for Federal
credit instruments issued under this subchapter before the
termination date until all obligations associated with such
instruments have been satisfied.
* * * * * * *
CHAPTER 421--LABOR-MANAGEMENT PROVISIONS
* * * * * * *
SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
42121. Protection of employees providing air safety information.
* * * * * * *
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
dischargean employee or otherwise discriminate against an employee with
respect to compensation, terms, conditions, or privileges of employment
because the employee (or any person acting pursuant to a request of the
employee)--
(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause
to be provided to the employer or Federal Government
information relating to any violation or alleged
violation of any order, regulation, or standard of the
Federal Aviation Administration or any other provision
of Federal law relating to air carrier safety under
this subtitle or any other law of the United States;
(2) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or cause to
be filed a proceeding relating to any violation or
alleged violation of any order, regulation, or standard
of the Federal Aviation Administration or any other
provision of Federal law relating to air carrier safety
under this subtitle or any other law of the United
States;
(3) testified or is about to testify in such a
proceeding; or
(4) assisted or participated or is about to assist or
participate in such a proceeding.
(b) Department of Labor Complaint Procedure.--
(1) Filing and notification.--A person who believes
that he or she has been discharged or otherwise
discriminated against by any person in violation of
subsection (a) may, not later than 90 days after the
date on which such violation occurs, file (or have any
person file on his or her behalf) a complaint with the
Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the
Secretary of Labor shall notify, in writing, the person
named in the complaint and the Administrator of the
Federal Aviation Administration of the filing of the
complaint, of the allegations contained in the
complaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
(2) Investigation; preliminary order.--
(A) In general.--Not later than 60 days after
the date of receipt of a complaint filed under
paragraph (1) and after affording the person
named in the complaint an opportunity to submit
to the Secretary of Labor a written response to
the complaint and an opportunity to meet with a
representative of the Secretary to present
statements from witnesses, the Secretary of
Labor shall conduct an investigation and
determine whether there is reasonable cause to
believe that the complaint has merit and
notify, in writing, the complainant and the
person alleged to have committed a violation of
subsection (a) of the Secretary's findings. If
the Secretary of Labor concludes that there is
a reasonable cause to believe that a violation
of subsection (a) has occurred, the Secretary
shall accompany the Secretary's findings with a
preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than
30 days after the date of notification of
findings under this paragraph, either the
person alleged to have committed the violation
or the complainant may file objections to the
findings or preliminary order, or both, and
request a hearing on the record. The filing of
such objections shall not operate to stay any
reinstatement remedy contained in the
preliminary order. Such hearings shall be
conducted expeditiously. If a hearing is not
requested in such 30-day period, the
preliminary order shall be deemed a final order
that is not subject to judicial review.
(B) Requirements.--
(i) Required showing by
complainant.--The Secretary of Labor
shall dismiss a complaint filed under
this subsection and shall not conduct
an investigation otherwise required
under subparagraph (A) unless the
complainant makes a prima facie showing
that any behavior described in
paragraphs (1) through (4) of
subsection (a) was a contributing
factor in the unfavorable personnel
action alleged in the complaint.
(ii) Showing by employer.--
Notwithstanding a finding by the
Secretary that the complainant has made
the showing required under clause (i),
no investigation otherwise required
under subparagraph (A) shall be
conducted if the employer demonstrates,
by clear and convincing evidence, that
the employer would have taken the same
unfavorable personnel action in the
absence of that behavior.
(iii) Criteria for determination by
secretary.--The Secretary may determine
that a violation of subsection (a) has
occurred only if the complainant
demonstrates that any behavior
described in paragraphs (1) through (4)
of subsection (a) was a contributing
factor in the unfavorable personnel
action alleged in the complaint.
(iv) Prohibition.--Relief may not be
ordered under subparagraph (A) if the
employer demonstrates by clear and
convincing evidence that the employer
would have taken the same unfavorable
personnel action in the absence of that
behavior.
(3) Final order.--
(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the
date of conclusion of a hearing under paragraph
(2), the Secretary of Labor shall issue a final
order providing the relief prescribed by this
paragraph or denying the complaint. At any time
before issuance of a final order, a proceeding
under this subsection may be terminated on the
basis of a settlement agreement entered into by
the Secretary of Labor, the complainant, and
the person alleged to have committed the
violation.
(B) Remedy.--If, in response to a complaint
filed under paragraph (1), the Secretary of
Labor determines that a violation of subsection
(a) has occurred, the Secretary of Labor shall
order the person who committed such violation
to--
(i) take affirmative action to abate
the violation;
(ii) reinstate the complainant to his
or her former position together with
the compensation (including back pay)
and restore the terms, conditions, and
privileges associated with his or her
employment; and
(iii) provide compensatory damages to
the complainant.
If such an order is issued under this
paragraph, the Secretary of Labor, at the
request of the complainant, shall assess
against the person against whom the order is
issued a sum equal to the aggregate amount of
all costs and expenses (including attorneys'
and expert witness fees) reasonably incurred,
as determined by the Secretary of Labor, by the
complainant for, or in connection with, the
bringing the complaint upon which the order was
issued.
(C) Frivolous complaints.--If the Secretary
of Labor finds that a complaint under paragraph
(1) is frivolous or has been brought in bad
faith, the Secretary of Labor may award to the
prevailing employer a reasonable attorney's fee
not exceeding $5,000.
(4) Review.--
(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order
issued under paragraph (3) may obtain review of
the order in the United States Court of Appeals
for the circuit in which the violation, with
respect to which the order was issued,
allegedly occurred or the circuit in which the
complainant resided on the date of such
violation. The petition for review must be
filed not later than 60 days after the date of
the issuance of the final order of the
Secretary of Labor. Review shall conform to
chapter 7 of title 5. The commencement of
proceedings under this subparagraph shall not,
unless ordered by the court, operate as a stay
of the order.
(B) Limitation on collateral attack.--An
order of the Secretary of Labor with respect to
which review could have been obtained under
subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
(5) Enforcement of order by secretary of labor.--
Whenever a person has failed to comply with an order
issued under paragraph (3), the Secretary of Labor may
file a civil action in the United States district court
for the district in which the violation was found to
occur to enforce such order. In actions brought under
this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory
damages.
(6) Enforcement of order by parties.--
(A) Commencement of action.--A person on
whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was
issued to require compliance with such order.
The appropriate United States district court
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
(B) Attorney fees.--The court, in issuing any
final order under this paragraph, may award
costs of litigation (including reasonable
attorney and expert witness fees) to any party
whenever the court determines such award is
appropriate.
(c) Mandamus.--Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28.
(d) Nonapplicability to Deliberate Violations.--Subsection
(a) shall not apply with respect to an employee of an air
carrier, contractor, or subcontractor who, acting without
direction from such air carrier, contractor, or subcontractor
(or such person's agent), deliberately causes a violation of
any requirement relating to air carrier safety under this
subtitle or any other law of the United States.
(e) Contractor Defined.--In this section, the term
``contractor'' means a company that performs safety-sensitive
functions by contract for an air carrier.
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 443--INSURANCE
* * * * * * *
Sec. 44310. Ending effective date
The authority of the Secretary of Transportation to provide
insurance and reinsurance under this chapter is not effective
after [August 6, 1999] December 31, 2004.
CHAPTER 445--FACILITIES, PERSONNEL, AND RESEARCH
* * * * * * *
Sec. 44502. General facilities and personnel authority
(a) General Authority.--(1) * * *
* * * * * * *
(4) Purchase of instrument landing system.--
(A) * * *
(B) Authorization.--No less than $30,000,000
of the amounts appropriated under section
48101(a) for [each of fiscal years 1995 and
1996] each of fiscal years 1999 through 2004
shall be used for the purpose of carrying out
this paragraph, including acquisition under new
or existing contracts, site preparation work,
installation, and related expenditures.
(5) Maintenance and upgrade of loran-c navigation
facilities.--The Secretary shall maintain and upgrade
Loran-C navigation facilities throughout the transition
period to satellite-based navigation.
(6) Improvements on leased properties.--The
Administrator may make improvements to real property
leased for no or nominal consideration for an air
navigation facility, regardless of whether the cost of
making the improvements exceeds the cost of leasing the
real property, if--
(A) the improvements primarily benefit the
Government;
(B) the improvements are essential for
accomplishment of the mission of the Federal
Aviation Administration; and
(C) the interest of the Government in the
improvements is protected.
* * * * * * *
CHAPTER 447--SAFETY REGULATION
Sec.
44701. General requirements.
* * * * * * *
44725. Life-limited aircraft parts.
* * * * * * *
Sec. 44701. General requirements
(a) * * *
* * * * * * *
(e) Bilateral Exchanges of Safety Oversight
Responsibilities.--
(1) In general.--Notwithstanding the provisions of
this chapter, the Administrator, pursuant to Article 83
bis of the Convention on International Civil Aviation
and by a bilateral agreement with the aeronautical
authorities of another country, may exchange with that
country all or part of their respective functions and
duties with respect to registered aircraft under the
following articles of the Convention: Article 12 (Rules
of the Air); Article 31 (Certificates of
Airworthiness); or Article 32a (Licenses of Personnel).
(2) Relinquishment and acceptance of
responsibility.--The Administrator relinquishes
responsibility with respect to the functions and duties
transferred by the Administrator as specified in the
bilateral agreement, under the Articles listed in
paragraph (1) for United States-registered aircraft
described in paragraph (4)(A) transferred abroad and
accepts responsibility with respect to the functions
and duties under those Articles for aircraft registered
abroad and described in paragraph (4)(B) that are
transferred to the United States.
(3) Conditions.--The Administrator may predicate, in
the agreement, the transfer of functions and duties
under this subsection on any conditions the
Administrator deems necessary and prudent, except that
the Administrator may not transfer responsibilities for
United States registered aircraft described in
paragraph (4)(A) to a country that the Administrator
determines is not in compliance with its obligations
under international law for the safety oversight of
civil aviation.
(4) Registered aircraft defined.--In this subsection,
the term ``registered aircraft'' means--
(A) aircraft registered in the United States
and operated pursuant to an agreement for the
lease, charter, or interchange of the aircraft
or any similar arrangement by an operator that
has its principal place of business or, if it
has no such place of business, its permanent
residence in another country; or
(B) aircraft registered in a foreign country
and operated under an agreement for the lease,
charter, or interchange of the aircraft or any
similar arrangement by an operator that has its
principal place of business or, if it has no
such place of business, its permanent residence
in the United States.
[(e)] (f) Exemptions.--The Administrator may grant an
exemption from a requirement of a regulation prescribed under
subsection (a) or (b) of this section or any of sections 44702-
44716 of this title if the Administrator finds the exemption is
in the public interest.
(g) Safety Risk Management Program Guidelines.--The
Administrator shall issue guidelines and encourage the
development of air safety risk mitigation programs throughout
the aviation industry, including self-audits and self-
disclosure programs.
* * * * * * *
Sec. 44703. Airman certificates
(a) * * *
* * * * * * *
(c) Public Information.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, the
information contained in the records of contents of any
airman certificate issued under this section that is
limited to an airman's name, address, date of birth,
and ratings held shall be made available to the public
after the 120th day following the date of enactment of
the Aviation Investment and Reform Act for the 21st
Century.
(2) Opportunity to withhold information.--Before
making any information concerning an airman available
to the public under paragraph (1), the airman shall be
given an opportunity to elect that the information not
be made available to the public.
(3) Development and implementation of program.--Not
later than 60 days after the date of enactment of the
Aviation Investment and Reform Act for the 21st
Century, the Administrator shall develop and implement,
in cooperation with representatives of the aviation
industry, a one-time written notification to airmen to
set forth the implications of making information
concerning an airman available to the public under
paragraph (1) and to carry out paragraph (2).
[(c)] (d) Appeals.--(1) An individual whose application for
the issuance or renewal of an airman certificate has been
denied may appeal the denial to the National Transportation
Safety Board, except if the individual holds a certificate
that--
(A) * * *
* * * * * * *
[(d)] (e) Restrictions and Prohibitions.--The Administrator
of the Federal Aviation Administration may--
(1) * * *
* * * * * * *
[(e)] (f) Controlled Substance Violations.--The Administrator
of the Federal Aviation Administration may not issue an airman
certificate to an individual whose certificate is revoked under
section 44710 of this title except--
(1) * * *
* * * * * * *
[(f)] (g) Modifications in System.--(1) The Administrator of
the Federal Aviation Administration shall make modifications in
the system for issuing airman certificates necessary to make
the system more effective in serving the needs of pilots and
officials responsible for enforcing laws related to the
regulation of controlled substances (as defined in section 102
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802)). The modifications shall ensure positive
and verifiable identification of each individual applying for
or holding a certificate and shall address at least each of the
following deficiencies in, and abuses of, the existing system:
(A) * * *
* * * * * * *
Sec. 44706. Airport operating certificates
(a) * * *
* * * * * * *
(g) Included Charter Air Transportation.--For the purposes of
subsection (a)(2), a scheduled passenger operation includes
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.
(h) Authority To Preclude Scheduled Passenger Operations.--
The Administrator shall permit an airport that will be subject
to certification under subsection (a)(2) to preclude scheduled
passenger operations (including public charter operations
described in subsection (g)) at the airport if the airport
notifies the Administrator, in writing, that it does not intend
to obtain an airport operating certificate.
Sec. 44709. Amendments, modifications, suspensions, and revocations of
certificates
(a) * * *
* * * * * * *
[(e) Effectiveness of Orders Pending Appeal.--When a person
files an appeal with the Board under subsection (d) of the
section, the order of the Administrator is stayed. However, if
the Administrator advises the Board that an emergency exists
and safety in air commerce or air transportation requires the
order to be effective immediately--
[(1) the order is effective; and
[(2) the Board shall make a final disposition of the
appeal not later than 60 days after the Administrator
so advises the Board.]
(e) Effectiveness of Orders Pending Appeal.--
(1) In general.--Except as provided in paragraph (2),
if a person files an appeal with the Board under
section (d), the order of the Administrator is stayed.
(2) Emergencies.--If the Administrator advises the
Board that an emergency exists and safety in air
commerce or air transportation requires the order to be
effective immediately, the order is effective, except
that a person filing an appeal under subsection (d) may
file a written petition to the Board for an emergency
stay on the issues of the appeal that are related to
the existence of the emergency. The Board shall have 10
days to review the materials. If any 2 members of the
Board determine that sufficient grounds exist to grant
a stay, an emergency stay shall be granted. If an
emergency stay is granted, the Board must meet within
15 days of the granting of the stay to make a final
disposition of the issues related to the existence of
the emergency.
(3) Final disposition of appeal.--In all cases, the
Board shall make a final disposition of the merits of
the appeal not later than 60 days after the
Administrator advises the Board of the order.
* * * * * * *
Sec. 44712. Emergency locator transmitters
(a) * * *
* * * * * * *
[(b) Nonapplication.--Subsection (a) of this section does not
apply to--
[(1) turbojet-powered aircraft;
[(2) aircraft when used in scheduled flights by
scheduled air carriers holding certificates issued by
the Secretary of Transportation under subpart II of
this part;
[(3) aircraft when used in training operations
conducted entirely within a 50 mile radius of the
airport from which the training operations begin;
[(4) aircraft when used in flight operations related
to design and testing, the manufacture, preparation,
and delivery of the aircraft, or the aerial application
of a substance for an agricultural purpose;
[(5) aircraft holding certificates from the
Administrator of the Federal Aviation Administration
for research and development;
[(6) aircraft when used for showing compliance with
regulations, crew training, exhibition, air racing, or
market surveys; and
[(7) aircraft equipped to carry only one individual.
(b) Nonapplication.--Subsection (a) does not apply to--
(1) aircraft when used in scheduled flights by
scheduled air carriers holding certificates issued by
the Secretary of Transportation under subpart II of
this part;
(2) aircraft when used in training operations
conducted entirely within a 50-mile radius of the
airport from which the training operations begin;
(3) aircraft when used in flight operations related
to the design and testing, manufacture, preparation,
and delivery of aircraft;
(4) aircraft when used in research and development if
the aircraft holds a certificate from the Administrator
of the Federal Aviation Administration to carry out
such research and development;
(5) aircraft when used in showing compliance with
regulations crew training, exhibition, air racing, or
market surveys;
(6) aircraft when used in the aerial application of a
substance for an agricultural purpose;
(7) aircraft with a maximum payload capacity of more
than 7,500 pounds when used in air transportation; or
(8) aircraft capable of carrying only one individual.
(c) Compliance.--An aircraft meets the requirement of
subsection (a) if it is equipped with an emergency locator
transmitter that transmits on the 121.5/243 megahertz frequency
or the 406 megahertz frequency, or with other equipment
approved by the Secretary for meeting the requirement of
subsection (a).
[(c)] (d) Removal.--The Administrator shall prescribe
regulations specifying the conditions under which an aircraft
subject to subsection (a) of this section may operate when its
emergency locator transmitter has been removed for inspection,
repair, alteration, or replacement.
* * * * * * *
Sec. 44725. Life-limited aircraft parts
(a) In General.--The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to require
the safe disposition of life-limited parts removed from an
aircraft. The rulemaking proceeding shall ensure that the
disposition deter installation on an aircraft of a life-limited
part that has reached or exceeded its life limits.
(b) Safe Disposition.--For the purposes of this section, safe
disposition includes any of the following methods:
(1) The part may be segregated under circumstances
that preclude its installation on an aircraft.
(2) The part may be permanently marked to indicate
its used life status.
(3) The part may be destroyed in any manner
calculated to prevent reinstallation in an aircraft.
(4) The part may be marked, if practicable, to
include the recordation of hours, cycles, or other
airworthiness information. If the parts are marked with
cycles or hours of usage, that information must be
updated when the part is retired from service.
(5) Any other method approved by the Administrator.
(c) Deadlines.--In conducting the rulemaking proceeding under
subsection (a), the Administrator shall--
(1) not later than 180 days after the date of
enactment of this section, issue a notice of proposed
rulemaking; and
(2) not later than 180 days after the close of the
comment period on the proposed rule, issue a final
rule.
(d) Prior-Removed Life-Limited Parts.--No rule issued under
subsection (a) shall require the marking of parts removed
before the effective date of the rules issued under subsection
(a), nor shall any such rule forbid the installation of an
otherwise airworthy life-limited part.
* * * * * * *
CHAPTER 449--SECURITY
* * * * * * *
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 44903. Air transportation security
(a) * * *
* * * * * * *
(f) Government and Industry Consortia.--The Administrator may
establish at individual 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.
* * * * * * *
Sec. 44909. Passenger manifests
(a) Air Carrier Requirements.--(1) * * *
* * * * * * *
(2) The passenger manifest [shall] should include the
following information:
(A) * * *
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
Sec. 44936. Employment investigations and restrictions
(a) * * *
* * * * * * *
(f) Records of Employment of Pilot Applicants.--
(1) In general.--Subject to paragraph (14), before
allowing an individual to begin service as a pilot, an
air carrier shall request and receive the following
information:
(A) * * *
(B) Air carrier and other records.--From any
air carrier or other person (except a branch of
the UnitedStates Armed Forces, the National
Guard, or a reserve component of the United States Armed Forces) that
has employed the individual as a pilot of a civil or public aircraft at
any time during the 5-year period preceding the date of the employment
application of the individual, or from the trustee in bankruptcy for
such air carrier or person--
(i) * * *
(ii) other records pertaining to the
[individual] individual's performance
as a pilot that are maintained by the
air carrier or person concerning--
(I) the training,
qualifications, proficiency, or
professional competence of the
individual, including comments
and evaluations made by a check
airman designated in accordance
with section 121.411, 125.295,
or 135.337 of such title;
(II) any disciplinary action
taken with respect to the
individual that was not
subsequently overturned; and
(III) any release from
employment or resignation,
termination, or
disqualification with respect
to employment.
* * * * * * *
(14) Special rules with respect to certain pilots.--
(A) * * *
(B) Good faith exception.--Notwithstanding
paragraph (1), an air carrier, without
obtaining information about an individual under
paragraph (1)(B) from an air carrier or other
person that no longer exists or from a foreign
government or entity that employed the
individual, may allow the individual to begin
service as a pilot if the air carrier required
to request the information has made a
documented good faith attempt to obtain such
information.
(15) Electronic access to faa records.--For the
purpose of increasing timely and efficient access to
Federal Aviation Administration records described in
paragraph (1), the Administrator may allow, under terms
established by the Administrator, a designated
individual to have electronic access to a specified
database containing information about such records.
* * * * * * *
CHAPTER 453--FEES
* * * * * * *
Sec. 45301. General provisions
(a) Schedule of Fees.--The Administrator shall establish a
schedule of new fees, and a collection process for such fees,
for the following services provided by the Administration:
(1) * * *
[(2) Services (other than air traffic control
services) provided to a foreign government.]
(2) Services (other than air traffic control
services) provided to a foreign government or to any
entity obtaining services outside the United States,
except that the Administrator shall not impose fees in
any manner for production-certification related service
performed outside the United States pertaining to
aeronautical products manufactured outside the United
States.
* * * * * * *
(d) Production-Certification Related Service Defined.--In
this section, the term ``production-certification related
service'' has the meaning given that term in appendix C of part
187 of title 14, Code of Federal Regulations.
* * * * * * *
SUBPART IV--ENFORCEMENT AND PENALTIES
* * * * * * *
CHAPTER 463--PENALTIES
Sec.
46301. Civil penalties.
* * * * * * *
[46316. General criminal penalty when specific penalty not provided.]
46316. Interference with cabin or flight crew.
46317. General criminal penalty when specific penalty not provided.
* * * * * * *
Sec. 46301. Civil penalties
(a) General Penalty.--(1) A person is liable to the United
States Government for a civil penalty of not more than $1,000
for violating--
(A) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 411, chapter 413
(except sections 41307 and 41310(b)-(f)), chapter 415
(except sections 41502, 41505, and 41507-41509),
chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714), chapter 419, [subchapter II of
chapter 421] subchapter II or III of chapter 421,
chapter 441 (except section 44109), section 44502(b) or
(c), chapter 447 (except sections 44717 and 44719-
44723), chapter 449 (except sections 44902, 44903(d),
44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), and
44908), or section [46302, 46303, or] 47107(b)
(including any assurance made under such section) of
this title;
(B) a regulation prescribed or order issued under any
provision to which clause (A) of this paragraph
applies;
(C) any term of a certificate or permit issued under
section 41102, 41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service
under this part.
* * * * * * *
(3) A civil penalty of not more than $10,000 may be imposed
for each violation under paragraph (1) of this subsection
related to--
(A) the transportation of hazardous material; [or]
(B) the registration or recordation under chapter 441
of this title of an aircraft not used to provide air
transportation[.];
(C) a violation of section 44725, relating to the
safe disposal of life-limited aircraft parts; or
(D) a violation of section 41705, relating to
discrimination against handicapped individuals.
* * * * * * *
(d) Administrative Imposition of Penalties.--(1) * * *
* * * * * * *
(7)(A) The Administrator may impose a penalty on [an
individual] a person (except an individual acting as a pilot,
flight engineer, mechanic, or repairman) only after notice and
an opportunity for a hearing on the record.
* * * * * * *
(f) Compromise and Setoff.--(1)(A) The Secretary may
compromise the amount of a civil penalty imposed for
violating--
(i) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719-44723), chapter 449 (except
sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and
(d)(1)(C)-(f), 44908, and 44909), or section 46302,
46303, 46316, or 47107(b) of this title; or
(ii) * * *
* * * * * * *
(g) Judicial Review.--An order of the Secretary or the
Administrator imposing a civil penalty may be reviewed
judicially only under section 46110 of this title.
* * * * * * *
Sec. 46316. Interference with cabin or flight crew
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
$25,000.
[Sec. 46316.] Sec. 46317. General criminal penalty when specific
penalty not provided
(a) Criminal Penalty.--Except as provided by subsection (b)
of this section, when another criminal penalty is not provided
under this chapter, a person that knowingly and willfully
violates this part, a regulation prescribed or order issued by
the Secretary of Transportation (or the Administrator of the
Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the
Administrator) under this part, or any term of a certificate or
permit issued under section 41102, 41103, or 41302 of this
title shall be fined under title 18. A separate violation
occurs for each day the violation continues.
(b) Nonapplication.--Subsection (a) of this section does not
apply to chapter 401 (except sections 40103(a) and (d), 40105,
40116, and 40117), chapter 441 (except section 44109), chapter
445, chapter 447 (except sections 44718(a)), and chapter 449
(except sections 44902, 44903(d), 44904, and 44907-44909) of
this title.
* * * * * * *
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471--AIRPORT DEVELOPMENT
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec.
47101. Policies.
* * * * * * *
[47132. Pavement maintenance.]
47135. Innovative financing techniques.
47136. Aviation security program.
47137. Inherently low-emission airport vehicle pilot program.
47138. Safeguards against deficit spending.
SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS
47151. Authority to transfer an interest in surplus property.
[47152. Terms of gifts.]
47152. Terms of conveyances.
47153. Waiving and adding terms.
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec. 47101. Policies
(a) General.--It is the policy of the United States--
(1) * * *
* * * * * * *
(11) that the airport improvement program should be
administered to encourage projects that employ
innovative technology (including integrated in-pavement
lighting systems for runways and taxiways and other
runway and taxiway incursion prevention devices),
concepts, and approaches that will promote safety,
capacity, and efficiency improvements in the
construction of airports and in the air transportation
system (including the development and use of innovative
concrete and other materials in the construction of
airport facilities to minimize initial laydown costs,
minimize time out of service, and maximize lifecycle
durability) and to encourage and solicit innovative
technology proposals and activities in the expenditure
of funding pursuant to this subchapter;
* * * * * * *
(f) Maximum Use of Safety Facilities.--This subchapter should
be carried out consistently with a comprehensive airspace
system plan, giving highest priority to commercial service
airports, to maximize the use of safety facilities, including
installing, operating, and maintaining, to the extent possible
with available money and considering other safety needs--
(1) * * *
* * * * * * *
(9) runway edge lighting and marking; [and]
(10) radar approach coverage for each airport
terminal area[.]; and
(11) runway and taxiway incursion prevention devices,
including integrated in-pavement lighting systems for
runways and taxiways.
* * * * * * *
Sec. 47102. Definitions
In this subchapter--
(1) * * *
* * * * * * *
(3) ``airport development'' means the following
activities, if undertaken by the sponsor, owner, or
operator of a public-use airport:
(A) * * *
* * * * * * *
(B) acquiring for, or installing at, a
public-use airport--
(i) * * *
(ii) safety or security equipment,
including explosive detection devices
[and universal access systems,],
universal access systems, and emergency
call boxes, the Secretary requires by
regulation for, or approves as
contributing significantly to, the
safety or security of individuals and
property at the airport and integrated
in-pavement lighting systems for
runways and taxiways and other runway
and taxiway incursion prevention
devices;
(iii) equipment to remove snow, to
measure runway surface friction, or for
aviation-related weather reporting,
including closed circuit weather
surveillance equipment;
(iv) firefighting and rescue
equipment at an airport that serves
scheduled passenger operations of air
carrier aircraft designed for more than
20 passenger seats;
(v) aircraft deicing equipment and
structures (except aircraft deicing
fluids and storage facilities for the
equipment and fluids); [and]
(vi) interactive training systems[.];
(vii) windshear detection equipment;
and
(viii) enhanced vision technologies
that are certified by the Administrator
of the Federal Aviation Administration
and that are intended to replace or
enhance conventional landing light
systems.
* * * * * * *
(H) routine work to preserve and extend the
useful life of runways, taxiways, and aprons at
airports that are not primary airports, under
guidelines issued by the Administrator.
* * * * * * *
(21) Enhanced vision technologies.--The term
``enhanced vision technologies'' means laser guidance,
ultraviolet guidance, infrared, and cold cathode
technologies.
Sec. 47104. Project grant authority
(a) * * *
* * * * * * *
(c) Expiration of Authority.--After [August 6, 1999,]
September 30, 2004, the Secretary may not incur obligations
under subsection (b) of this section, except for obligations of
amounts--
(1) * * *
* * * * * * *
Sec. 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) * * *
* * * * * * *
(f) Competition Plans.--
(1) Prohibition.--Beginning in fiscal year 2001, no
passenger facility fee may be approved for a covered
airport under section 40117 and no grant may be made
under this subchapter for a covered airport unless the
airport has submitted to the Secretary a written
competition plan in accordance with this subsection.
(2) Contents.--A competition plan under this
subsection shall include information on the
availability of airport gates and related facilities,
leasing and sub-leasing arrangements, gate-use
requirements, patterns of air service, gate-assignment
policy, financial constraints, airport controls over
air- and ground-side capacity, whether the airport
intends to build or acquire gates that would be used as
common facilities, and airfare levels (as compiled by
the Department of Transportation) compared to other
large airports.
(3) Covered airport defined.--In this subsection, the
term ``covered airport'' means a commercial service
airport--
(A) that has more than .25 percent of the
total number of passenger boardings each year
at all such airports; and
(B) at which 1 or 2 air carriers control more
than 50 percent of the passenger boardings.
Sec. 47107. Project grant application approval conditioned on
assurances about airport operations
(a) * * *
* * * * * * *
(h) Modifying Assurances and Requiring Compliance With
Additional Assurances.--Before modifying an assurance required
of a person receiving a grant under this subchapter and in
effect after December 29, 1987 (including an assurance with
respect to disposal of land by an airport owner or operator
under subsection (c)(2)(B) without regard to whether or not the
assurance or grant was made before December 29, 1987), or to
require compliance withan additional assurance from the person,
the Secretary of Transportation must--
(1) * * *
* * * * * * *
Sec. 47108. Project grant agreements
(a) * * *
* * * * * * *
(e) Change in Airport Status.--In the event that the status
of a primary airport changes to a nonprimary airport at a time
when a terminal development project under a multiyear agreement
under subsection (a) is not yet completed, the project shall
remain eligible for funding from discretionary funds under
section 47115 at the funding level and under the terms provided
by the agreement, subject to the availability of funds.
Sec. 47109. United States Government's share of project costs
(a) General.--Except as provided in subsection (b) of this
section, the United States Government's share of allowable
project costs is--
(1) 75 percent for a project at a primary airport
having at least .25 percent of the total number of
passenger boardings each year at all commercial service
airports;
(2) not more than 90 percent for a project funded by
a grant issued to and administered by a State under
section 47128, relating to the State block grant
program;
[(2)] (3) 90 percent for a project at any other
airport; [and]
[(3)] (4) 40 percent for a project funded by the
Administrator from the discretionary fund under section
47115 at an airport receiving an exemption under
section 47134[.]; and
(5) 100 percent in fiscal year 2001 for any project--
(A) at an airport other than a primary
airport; or
(B) at a primary airport having less than .05
percent of the total number of passenger
boardings each year at all commercial service
airports.
* * * * * * *
Sec. 47110. Allowable project costs
(a) * * *
* * * * * * *
(e) Letters of Intent.--(1) * * *
(2) Paragraph (1) of this subsection applies to a project--
(A) * * *
* * * * * * *
[(C) the Secretary decides will enhance system-wide
airport capacity significantly and meets the criteria
of section 47115(d) of this title.]
(C) that meets the criteria of section 47115(d) and,
if for a project at a commercial service airport having
at least 0.25 percent of the boardings each year at all
such airports, the Secretary decides will enhance
system-wide airport capacity significantly.
* * * * * * *
[(5) A letter of intent issued under paragraph (1) of this
subsection may not condition the obligation of amounts on the
imposition of a passenger facility fee.]
(5) Letters of intent.--The Secretary may not require an
eligible agency to impose a passenger facility fee under
section 40117 in order to obtain a letter of intent under this
section.
* * * * * * *
Sec. 47114. Apportionments
(a) * * *
* * * * * * *
(c) Amounts Apportioned to Sponsors.--(1)(A) The Secretary
shall apportion to the sponsor of each primary airport for each
fiscal year an amount equal to--
[(i) $7.80 for each of the first 50,000 passenger
boardings at the airport during the prior calendar
year;
[(ii) $5.20 for each of the next 50,000 passenger
boardings at the airport during the prior calendar
year;
[(iii) $2.60 for each of the next 400,000 passenger
boardings at the airport during the prior calendar
year;
[(iv) $.65 for each of the next 500,000 passenger
boardings at the airport during the prior calendar
year; and
[(v) $.50 for each additional passenger boarding at
the airport during the prior calendar year.]
(i) $23.40 for each of the first 50,000 passenger
boardings at the airport during the prior calendar
year;
(ii) $15.60 for each of the next 50,000 passenger
boardings at the airport during the prior calendar
year;
(iii) $7.80 for each of the next 400,000 passenger
boardings at the airport during the prior calendar
year;
(iv) $1.95 for each of the next 500,000 passenger
boardings at the airport during the prior calendar
year; and
(v) $1.50 for each additional passenger boarding at
the airport during the prior calendar year.
(B) Not less than [$500,000 nor more than $22,000,000]
$1,500,000 may be apportioned under subparagraph (A) of this
paragraph to an airport sponsor for a primary airport for each
fiscal year.
(C) Notwithstanding subparagraph (A), the Secretary shall
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 were less than
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 the apportionment; and
(iii) the cause of the decrease in passenger
boardings was a temporary but significant interruption
in service by an aircarrier to that airport due to an
employment action, natural disaster, or other event unrelated to the
demand for air transportation at the airport.
(D) Notwithstanding subparagraph (A), the Secretary shall
apportion on the first day of the first fiscal year following
the official opening of a new airport with scheduled passenger
air transportation an amount equal to the minimum amount set
forth in subparagraph (B) to the sponsor of such airport.
(2) Cargo only airports.--
(A) Apportionment.--Subject to subparagraph
(D), the Secretary shall apportion an amount
equal to [2.5] 3 percent of the amount subject
to apportionment each fiscal year to the
sponsors of airports served by aircraft
providing air transportation of only cargo with
a total annual landed weight of more than
100,000,000 pounds.
* * * * * * *
(d) Amounts Apportioned [to States] for General Aviation
Airports.--
(1) Definitions.--In this subsection--
(A) ``area'' includes land and water.
(B) ``population'' means the population
stated in the latest decennial census of the
United States.
[(2) The Secretary shall apportion to the States 18.5 percent
of the amount subject to apportionment for each fiscal year as
follows:
[(A) 0.66 percent of the apportioned amount to Guam,
American Samoa, the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and the Virgin
Islands.
[(B) except as provided in paragraph (3) of this
subsection, 49.67 percent of the apportioned amount for
airports, excluding primary airports but including
reliever and nonprimary commercial service airports, in
States not named in clause (A) of this paragraph in the
proportion that the population of each of those States
bears to the total population of all of those States.
[(C) except as provided in paragraph (3) of this
subsection, 49.67 percent of the apportioned amount for
airports, excluding primary airports but including
reliever and nonprimary commercial service airports, in
States not named in clause (A) of this paragraph in the
proportion that the area of each of those States bears
to the total area of all of those States.
[(3) An amount apportioned under paragraph (2) of this
subsection for an airport in--
[(A) Alaska may be made available by the Secretary
for a public airport described in section
47117(e)(1)(C)(ii) of this title to which section
15(a)(3)(A)(II) of the Airport and Airway Development
Act of 1970 applied during the fiscal year that ended
September 30, 1981; and
[(B) Puerto Rico may be made available by the
Secretary for a primary airport and an airport
described in section 47117(e)(1)(C) of this title.]
(2) Apportionments.--The Secretary shall apportion 20
percent of the amount subject to apportionment for each
fiscal year as follows:
(A) To each airport, excluding primary
airports but including reliever and nonprimary
commercial service airports, in States the
lesser of--
(i) $200,000; or
(ii) \1/5\ of the most recently
published estimate of the 5-year costs
for airport improvement for the
airport, as listed in the national plan
of integrated airport systems developed
by the Federal Aviation Administration
under section 47103.
(B) Any remaining amount to States as
follows:
(i) 0.62 percent of the remaining
amount to Guam, American Samoa, the
Commonwealth of the Northern Mariana
Islands, and the Virgin Islands.
(ii) Except as provided in paragraph
(3), 49.69 percent of the remaining
amount for airports, excluding primary
airports but including reliever and
nonprimary commercial service airports,
in States not named in clause (i) in
the proportion that the population of
each of those States bears to the total
population of all of those States.
(iii) Except as provided in paragraph
(3), 49.69 percent of the remaining
amount for airports, excluding primary
airports but including reliever and
nonprimary commercial service airports,
in States not named in clause (i) in
the proportion that the area of each of
those States bears to the total area of
all of those States.
(3) Special rule.--An amount apportioned under
paragraph (2) to Alaska, Puerto Rico, or Hawaii for
airports in such State may be made available by the
Secretary for any public airport in those respective
jurisdictions.
(4) Integrated airport system planning.--
Notwithstanding paragraph (2), funds made available
under this subsection may be used for integrated
airport system planning that encompasses 1 or more
primary airports.
(5) Flexibility in pavement construction standards.--
The Secretary may permit the use of State highway
specifications for airfield pavement construction using
funds made available under this subsection at
nonprimary airports 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
Federal Aviation Administration standards.
(e) [Alternative] Supplemental Apportionment for
Alaska.--
(1) [Instead of apportioning amounts for airports in
Alaska under] In general.--Notwithstanding subsections
(c) and (d) of this section, the Secretary may
apportion amounts for [those airports] airports in
Alaska in the way in which amounts were apportioned in
the fiscal year ending September 30, 1980, under
section 15(a) of the Act and by increasing the amount
so determined for each of those airports by 3 times.
However, in apportioning amounts for a fiscal year
under this subsection, the Secretary shall apportion--
(A) for each primary airport at least as much
as would be apportioned for the airport under
subsection (c)(1) of this section; and
(B) a total amount at least equal to the
minimum amount required to be apportioned to
airports in Alaska in the fiscal year ending
September 30, 1980, under section 15(a)(3)(A)
of the Act.
(2) Authority for discretionary grants.--This
subsection does not prohibit the Secretary from making
project grants for airports in Alaska from the
discretionary fund under section 47115 of this title.
[(3) Airports referred to in this subsection include those
public airports that received scheduled service as of September
3, 1982, but were not apportioned amounts in the fiscal year
ending September 30, 1980, under section 15(a) of the Act
because the airports were not under the control of a State or
local public agency.]
(3) Airports eligible for funds.--An amount
apportioned under this subsection may be used for any
public airport in Alaska.
(f) Reducing Apportionments.--[An amount]
(1) In general.--An amount that would be apportioned
under this section (except subsection (c)(2)) in a
fiscal year to the sponsor of an airport having at
least .25 percent of the total number of boardings each
year in the United States and for which a fee is
imposed in the fiscal year under section 40117 of this
title shall be reduced by [an amount equal to 50
percent of the projected revenues from the fee in the
fiscal year but not by more than 50 percent of the
amount that otherwise would be apportioned under this
section.] an amount equal to--
(A) in the case of a fee of $3 or less, 50
percent of the projected revenues from the fee
in the fiscal year but not by more than 50
percent of the amount that otherwise would be
apportioned under this section; and
(B) in the case of a fee of more than $3, 75
percent of the projected revenues from the fee
in the fiscal year but not by more than 75
percent of the amount that otherwise would be
apportioned under this section.
(2) Effective date of reduction.--A reduction in an
apportionment required by paragraph (1) shall not take
effect until the first fiscal year following the year
in which the collection of the fee imposed under
section 40117 is begun.
Sec. 47115. Discretionary fund
(a) * * *
* * * * * * *
[(g) Minimum Amount To Be Credited.--
[(1) General rule.--In a fiscal year, there shall be
credited to the fund, out of amounts made available
under section 48103 of this title, an amount that is at
least equal to the sum of--
[(A) $148,000,000; plus
[(B) the total amount required from the fund
to carry out in the fiscal year letters of
intent issued before January 1, 1996, under
section 47110(e) of this title or the Airport
and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have
been apportioned in a prior fiscal year under section
47114 of this title and that remain available for
obligation.
[(2) Reduction of apportionments.--In a fiscal year
in which the amount credited under subsection (a) is
less than the minimum amount to be credited under
paragraph (1), the total amount calculated under
paragraph (3) shall be reduced by an amount that, when
credited to the fund, together with the amount credited
under subsection (a), equals such minimum amount.
[(3) Amount of reduction.--For a fiscal year, the
total amount available to make a reduction to carry out
paragraph (2) is the total of the amounts determined
under sections 47114(c)(1)(A), 47114(c)(2), 47114(d),
and 47117(e) of this title. Each amount shall be
reduced by an equal percentage to achieve the
reduction.
[(4) Special rule.--For a fiscal year in which the
amount credited to the fund under this subsection
exceeds $300,000,000, the Secretary shall allocate the
amount of such excess as follows:
[(A) \1/3\ shall be made available to
airports for which apportionments are made
under section 47114(d) of this title.
[(B) \1/3\ shall be made available for
airport noise compatibility planning under
section 47505(a)(2) of this title and for
carrying out noise compatibility programs under
section 47504(c)(1) of this title.
[(C) \1/3\ shall be made available to current
or former military airports for which grants
may be made under section 47117(e)(1)(B) of
this title.
[(h) Priority for Letters of Intent.--In making grants in a
fiscal year with funds made available under this section, the
Secretary shall fulfill intentions to obligate under section
47110(e).]
(g) Priority for Letters of Intent.--
(1) In general.--Subject to paragraph (2), the
Secretary shall fulfill intentions to obligate under
section 47110(e) with amounts available in the fund
established by subsection (a) and, if such amounts are
not sufficient for a fiscal year, with amounts made
available to carry out sections 47114(c)(1)(A),
47114(c)(2), 47114(d), and 47117(e) on a pro rata
basis.
(2) Procedure.--Before apportioning funds under
sections 47114(c)(1)(A), 47114(c)(2), 47114(d), and
47117(e) of each fiscal year, the Secretary shall
determine the amount of funds that will be necessary to
fulfill intentions to obligate under section 47110(e)
in such fiscal year. If such amount is greater than the
amount of funds that will be available in the fund
established by subsection (a) for such fiscal year, the
Secretary shall reduce the amount to be apportioned
under such sections for such fiscal year on a pro rata
basis by an amount equal to the difference.
Sec. 47116. Small airport fund
(a) * * *
* * * * * * *
(d) Priority Consideration for Certain Projects.--[In making]
(1) Construction of new runways.--In making grants to
sponsors described in subsection (b)(2), the Secretary
shall give priority consideration to multi-year
projects for construction of new runways that the
Secretary finds are cost beneficial and would increase
capacity in a region of the United States.
(2) Airport development for turbine powered
aircraft.--In making grants to sponsors described in
subsection (b)(1), the Secretary shall give priority
consideration to airport development projects to
support operations by turbine powered aircraft, if the
non-Federal share of the project is at least 40
percent.
(e) Set-Aside for Meeting Safety Terms in Airport Operating
Certificates.--In the first fiscal year beginning after the
effective date of regulations issued to carry out section
44706(b) with respect to airports described in section
44706(a)(2), and in each of the next 4 fiscal years, the lesser
of $15,000,000 or 20 percent of the amounts that would
otherwise be distributed to sponsors of airports under
subsection (b)(2) shall be used to assist the airports in
meeting the terms established by the regulations. If the
Secretary publishes in the Federal Register a finding that all
the terms established by the regulations have been met, this
subsection shall cease to be effective as of the date of such
publication.
(f) Notification of Source of Grant.--Whenever the Secretary
makes a grant under this section, the Secretary shall notify
the recipient of the grant, in writing, that the source of the
grant is from the small airport fund.
Sec. 47117. Use of apportioned amounts
(a) * * *
* * * * * * *
(e) Special Apportionment Categories.--(1) The Secretary
shall use amounts available to the discretionary fund under
section 47115 of this title for each fiscal year as follows:
(A) At least [31] 34 percent for grants for airport
noise compatibility planning under section 47505(a)(2)
of this title and for carrying out noise compatibility
programs under section 47504(c) of this title. The
Secretary may count the amount of grants made for such
planning and programs with funds apportioned under
section 47114 in that fiscal year in determining
whether or not such [31] 34 percent requirement is
being met in that fiscal year.
(B) [At least 4 percent to sponsors of current] At
least 4 percent to sponsors of current or former
military airports designated by the Secretary under
section 47118(a) of this title for grants for
developing current and former military airports
toimprove the capacity of the national air transportation system and to
sponsors of noncommercial service airports for grants for operational
and maintenance expenses at any such airport if the amount of such
grants to the sponsor of the airport does not exceed $30,000 in that
fiscal year, if the Secretary determines that the airport is adversely
affected by the closure or realignment of a military base, and if the
sponsor of the airport certifies that the airport would otherwise close
if the airport does not receive the grant.
* * * * * * *
[(f) Limitation for Commercial Service Airport in Alaska.--
The Secretary may not make a grant for a commercial service
airport in Alaska of more than 110 percent of the amount
apportioned for the airport for a fiscal year under section
47114(e) of this title.
[(g) Discretionary Use of Apportionments.--(1) Subject to
paragraph (2) of this subsection, if the Secretary finds, based
on the notices the Secretary receives under section 47105(f) of
this title or otherwise, that an amount apportioned under
section 47114 of this title will not be used for grants during
a fiscal year, the Secretary may use an equal amount for grants
during that fiscal year for any of the purposes for which
amounts are authorized for grants under section 48103 of this
title.
[(2) The Secretary may make a grant under paragraph (1) of
this subsection only if the Secretary decides that--
[(A) the total amount used for grants for the fiscal
year under section 48103 of this title will not be more
than the amount made available under section 48103 for
that fiscal year; and
[(B) the amounts authorized for grants under section
48103 of this title for later fiscal years are
sufficient for grants of the apportioned amounts that
were not used for grants under the apportionment during
the fiscal year and that remain available under
subsection (b) of this section.]
(f) Discretionary Use of Apportionments.--
(1) In general.--Subject to paragraph (2), if the
Secretary finds that all or part of an amount of an
apportionment under section 47114 is not required
during a fiscal year to fund a grant for which the
apportionment may be used, the Secretary may use during
such fiscal year the amount not so required to make
grants for any purpose for which grants may be made
under section 48103. The finding may be based on the
notifications that the Secretary receives under section
47105(f) or on other information received from airport
sponsors.
(2) Restoration of apportionments.--
(A) In general.--If the fiscal year for which
a finding is made under paragraph (1) with
respect to an apportionment is not the last
fiscal year of availability of the
apportionment under subsection (b), the
Secretary shall restore to the apportionment an
amount equal to the amount of the apportionment
used under paragraph (1) for a discretionary
grant whenever a sufficient amount is made
available under section 48103.
(B) Period of availability.--If restoration
under this paragraph is made in the fiscal year
for which the finding is made or the succeeding
fiscal year, the amount restored shall be
subject to the original period of availability
of the apportionment under subsection (b). If
the restoration is made thereafter, the amount
restored shall remain available in accordance
with subsection (b) for the original period of
availability of the apportionment, plus the
number of fiscal years during which a
sufficient amount was not available for the
restoration.
(3) Newly available amounts.--
(A) Restored amounts to be unavailable for
discretionary grants.--Of an amount newly
available under section 48103 of this title, an
amount equal to the amounts restored under
paragraph (2) shall not be available for
discretionary grant obligations under section
47115.
(B) Use of remaining amounts.--Subparagraph
(A) does not impair the Secretary's authority
under paragraph (1), after a restoration under
paragraph (2), to apply all or part of a
restored amount that is not required to fund a
grant under an apportionment to fund
discretionary grants.
(4) Limitations on obligations apply.--Nothing in
this subsection shall be construed to authorize the
Secretary to incur grant obligations under section
47104 for a fiscal year in an amount greater than the
amount made available under section 48103 for such
obligations for such fiscal year.
[(h)] (g) Limiting Authority of Secretary.--The authority of
the Secretary to make grants during a fiscal year from amounts
that were apportioned for a prior fiscal year and remain
available for approved airport development project grants under
subsection (b) of this section may be impaired only by a law
enacted after September 3, 1982, that expressly limits that
authority.
Sec. 47118. Designating current and former military airports
(a) General Requirements.--The Secretary of Transportation
shall designate current or former military airports for which
grants may be made under section 47117(e)(1)(B) of this title.
The maximum number of airports bearing such designation at any
time is [12] 12 for fiscal year 2000 and 20 for each fiscal
year thereafter. The Secretary may only so designate an airport
(other than an airport so designated before August 24, 1994)
if--
(1) * * *
* * * * * * *
[(c) Considerations.--In carrying out this section, the
Secretary shall consider only current or former military
airports that, when at least partly converted to civilian
commercial or reliever airports as part of the national air
transportation system, will enhance airport and air traffic
control system capacity in major metropolitan areas and reduce
current and projected flight delays.]
[(d)] (c) Grants.--Grants under section [47117(e)(1)(E)]
47117(e)(1)(B) of this title may be made for an airport
designated under subsection (a) of this section for the 5
fiscal years followingthe designation, and for subsequent [5-
fiscal-year periods] periods, each not to exceed 5 fiscal years, if the
Secretary determines that the airport satisfies the designation
criteria under subsection (a) at the beginning of [each such subsequent
5-fiscal-year period] each such subsequent period.
[(e)] (d) Terminal Building Facilities.--Not more than
[$5,000,000] $7,000,000 for each airport from amounts the
Secretary distributes under section 47115 of this title for a
fiscal year is available to the sponsor of a current or former
military airport the Secretary designates under this section to
construct, improve, or repair a terminal building facility,
including terminal gates used for revenue passengers getting on
or off aircraft. A gate constructed, improved, or repaired
under this subsection--
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
[(f)] (e) Parking Lots, Fuel Farms, Utilities, [and Hangars]
Hangers, and Air Cargo Terminals.--Not more than a total of
[$4,000,000] $7,000,000 for each airport from amounts the
Secretary distributes under section 47115 of this title for
fiscal years beginning after September 30, 1992, is available
to the sponsor of a current or former military airport the
Secretary designates under this section to construct, improve,
or repair airport surface parking lots, fuel farms, utilities,
and hangars and air cargo terminals of an area that is 50,000
square feet or less.
(f) Designation of General Aviation Airport.--Notwithstanding
any other provision of this section, at least 3 of the airports
designated under subsection (a) shall be general aviation
airports that were former military installations closed or
realigned under a section referred to in subsection (a)(1).
Sec. 47119. Terminal development costs
(a) Repaying Borrowed Money.--An amount apportioned under
section 47114 of this title and made available to the sponsor
of an air carrier airport at which terminal development was
carried out after June 30, 1970, and before July 12, 1976, or,
in the case of a commercial service airport which annually had
less than [0.05] 0.25 percent of the total enplanements in the
United States, [between January 1, 1992, and October 31, 1992,]
between August 1, 1986, and September 30, 1990, or between June
1, 1991, and October 31, 1992, is available to repay
immediately money borrowed and used to pay the costs for
terminal development at the airport, if those costs would be
allowable project costs under section 47110(d) of this title if
they had been incurred after September 3, 1982. An amount is
available for a grant under this subsection--
(1) only if--
(A) the sponsor submits the certification
required under section 47110(d) of this title;
(B) the Secretary of Transportation decides
that using the amount to repay the borrowed
money will not defer [an airport development
project outside the terminal area at that
airport] any needed airport development project
affecting safety, security, or capacity; and
* * * * * * *
(c) Nonhub Airports.--With respect to a project at a
commercial service airport which annually has less than [0.05]
0.25 percent of the total enplanements in the United States,
the Secretary may approve the use of the amounts described in
subsection (a) notwithstanding the requirements of sections
47107(a)(17), 47112, and 47113.
(d) Determination of Passenger Boarding at Commercial Service
Airport.--For the purpose of determining whether an amount may
be distributed for a fiscal year from the discretionary fund in
accordance with subsection (b)(2)(A) to a commercial service
airport, the Secretary shall make the determination of whether
or not a public airport is a commercial service airport on the
basis of the number of passenger boardings and type of air
service at the public airport in the calendar year that
includes the first day of such fiscal year or the preceding
calendar year, whichever is more beneficial to the airport.
* * * * * * *
Sec. 47124. Agreements for State and local operation of airport
facilities
(a) * * *
(b) Air Traffic Control Contract Program.--(1) * * *
* * * * * * *
(3) Contract air traffic control tower pilot
program.--
(A) In general.--The Secretary shall
establish a pilot program to contract for air
traffic control services at Level I air traffic
control towers, as defined by the Administrator
of the Federal Aviation Administration, that do
not qualify for the Contract Tower program
established under subsection (a) and continued
under paragraph (1) (hereafter in this
paragraph referred to as the ``Contract Tower
Program'').
(B) Program components.--In carrying out the
pilot program established under subparagraph
(A), the Administrator shall--
(i) utilize for purposes of cost-
benefit analyses, current, actual,
site-specific data, forecast estimates,
or airport master plan data provided by
a facility owner or operator and
verified by the Administrator;
(ii) approve for participation only
facilities willing to fund a pro rata
share of the operating costs of the air
traffic control tower to achieve a 1 to
1 benefit-to-cost ratio, as required
for eligibility under the Contract
Tower Program; and
(iii) approve for participation no
more than 2 facilities willing to fund
up to 50 percent, but not less than 25
percent, of construction costs for an
air traffic control tower built by the
airport operator and for each of such
facilities the Federal share of
construction cost does not exceed
$1,100,000.
(C) Priority.--In selecting facilities to
participate in the program under this
paragraph, the Administrator shall give
priority to the following:
(i) Air traffic control towers that
are participating in the Contract Tower
Program but have been notified that
they will be terminated from such
program because the Administration has
determined that the benefit-to-cost
ratio for their continuation in such
program is less than 1.0.
(ii) Air traffic control towers that
the Administrator determines have a
benefit-to-cost ratio of at least .85.
(iii) Air traffic control towers of
the Federal Aviation Administration
that are closed as a result of the air
traffic controllers strike in 1981.
(iv) Air traffic control towers that
are located at airports or points at
which an air carrier is receiving
compensation under the essential air
service program under this chapter.
(v) Air traffic control towers
located at airports that are prepared
to assume partial responsibility for
maintenance costs.
(vi) Air traffic control towers that
are located at airports with safety or
operational problems related to
topography, weather, runway
configuration, or mix of aircraft.
(D) Costs exceeding benefits.--If the costs
of operating an air traffic tower under the
pilot program established under this paragraph
exceed the benefits, the airport sponsor or
State of local government having jurisdiction
over the airport shall pay the portion of the
costs that exceed such benefit.
(E) Funding.--Of the amounts appropriated
pursuant to section 106(k), not to exceed
$6,000,000 per fiscal year may be used to carry
out this paragraph.
* * * * * * *
Sec. 47125. Conveyances of United States Government land
(a) Conveyances to Public Agencies.--Except as provided in
subsection (b) of this section, the Secretary of Transportation
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. The head of the department, agency, or instrumentality
shall decide whether the requested conveyance is consistent
with the needs of the department, agency, or instrumentality
and shall notify the Secretary of that decision not later than
4 months after receiving the request. If the head of the
department, agency, or instrumentality decides that the
requested conveyance is consistent with its needs, the head of
the department, agency, or instrumentality, with the approval
of the Attorney General and without cost to the Government,
shall make the conveyance. A conveyance may be made only 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. The Secretary may only release an option of the
United States for a reversionary interest under this subsection
after providing notice and an opportunity for public comment.
The Secretary shall publish in the Federal Register any
decision of the Secretary to release a reversionary interest
and the reasons for the decision.
* * * * * * *
[Sec. 47132. Pavement maintenance
[(a) In General.--The Administrator of the Federal Aviation
Administration shall issue guidelines to carry out a pavement
maintenance pilot project to preserve and extend the useful
life of runways, taxiways, and aprons at airports for which
apportionments are made under section 47114(d). The guidelines
shall provide that the Administrator may designate not more
than 10 projects. The guidelines shall provide criteria for the
Administrator to use in choosing the projects. At least 2 such
projects must be in States without a primary airport that had
0.25 percent or more of the total boardings in the United
States in the preceding calendar year. In designating a
project, the Administrator shall take into consideration
geographical, climatological, and soil diversity.
[(b) Effective Date.--This section shall be effective
beginning on the date of the enactment of this section and
ending on September 30, 1999.]
* * * * * * *
Sec. 47135. Innovative financing techniques
(a) In General.--The Secretary of Transportation may approve
applications for not more than 25 airport development projects
for which grants received under this subchapter may be used for
innovative financing techniques. Such projects shall be located
at airports that each year have less than .25 percent of the
total number of passenger boardings each year at all commercial
service airports.
(b) Purpose.--The purpose of grants made under this section
shall be to provide information on the benefits and
difficulties of using innovative financing techniques for
airport development projects.
(c) Limitations.--
(1) No guarantees.--In no case shall the
implementation of an innovative financing technique
under this section be used in a manner giving rise to a
direct or indirect guarantee of any airport debt
instrument by the United States Government.
(2) Types of techniques.--In this section, innovative
financing techniques are limited to--
(A) payment of interest;
(B) commercial bond insurance and other
credit enhancement associated with airport
bonds for eligible airport development; and
(C) flexible non-Federal matching
requirements.
Sec. 47136. Aviation 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 one project to test and evaluate
innovative aviation security systems and related technology.
(b) Priority.--In carrying out this section, the Secretary
shall give the highest priority to a request from an eligible
sponsor for a grant to undertake a project that--
(1) evaluates and tests the benefits of innovative
aviation security systems or related technology,
including explosives detection systems, for the purpose
of improving aviation security, including aircraft
physical security, access control, and passenger and
baggage screening; and
(2) provides testing and evaluation of airport
security systems and technology in an operational, test
bed environment.
(c) Matching Share.--Notwithstanding section 47109, the
United States Government's share of allowable project costs for
a project under this section shall be 100 percent.
(d) Terms and Conditions.--The Secretary may establish such
terms and conditions as the Secretary determines appropriate
for carrying out a project under this section, including terms
and conditions relating to the form and content of a proposal
for a project, project assurances, and schedule of payments.
(e) Eligible Sponsor Defined.--In this section, the term
``eligible sponsor'' means a nonprofit corporation composed of
a consortium of public and private persons, including a sponsor
of a primary airport, with the necessary engineering and
technical expertise to successfully conduct the testing and
evaluation of airport and aircraft related security systems.
(f) Authorization of Appropriations.--Of the amounts made
available to the Secretary under section 47115 in a fiscal
year, the Secretary shall make available not less than
$5,000,000 for the purpose of carrying out this section.
Sec. 47137. Inherently low-emission airport vehicle pilot program
(a) In General.--The Secretary of Transportation shall carry
out a pilot program at not more than 10 public-use airports
under which the sponsors of such airports may use funds made
available under section 48103 for use at such airports to carry
out inherently low-emission vehicle activities. Notwithstanding
any other provision of this subchapter, inherently low-emission
vehicle activities shall for purposes of the pilot program be
treated as eligible for assistance under this subchapter.
(b) Location in Air Quality Nonattainment Areas.--A public-
use airport shall be eligible for participation in the pilot
program only if the airport is located in an air quality
nonattainment area (as defined in section 171(2) of the Clean
Air Act (42 U.S.C. 7501(d)).
(c) Selection Criteria.--In selecting from among applicants
for participation in the pilot program, the Secretary shall
give priority consideration to applicants that will achieve the
greatest air quality benefits measured by the amount of
emissions reduced per dollar of funds expended under the pilot
program.
(d) United States Government's Share.--Notwithstanding any
other provision of this subchapter, the United States
Government's share of the costs of a project carried out under
the pilot program shall be 50 percent.
(e) Maximum Amount.--Not more than $2,000,000 may be expended
under the pilot program at any single public-use airport.
(f) Report to Congress.--Not later than 18 months after the
date of enactment of this section, the Secretary shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
an evaluation of the effectiveness of the pilot program.
(g) Inherently Low-Emission Vehicle Activity Defined.--In
this section, the term ``inherently low-emission vehicle
activity'' means--
(1) the construction of infrastructure facilities
necessary for the use of vehicles that are certified as
inherently low-emission vehicles under title 40 of the
Code of Federal Regulations, that are labeled in
accordance with section 88.312-93(c) of such title, and
that are located or primarily used at public-use
airports;
(2) the payment of that portion of the cost of
acquiring such vehicles that exceeds the cost of
acquiring other vehicles that would be used for the
same purpose; or
(3) the acquisition of technological equipment
necessary for the use of vehicles described in
paragraph (1).
Sec. 47138. Safeguards against deficit spending
(a) Estimates of Unfunded Aviation Authorizations and Net
Aviation Receipts.--Not later than March 31 of each year, the
Secretary of Transportation, in consultation with the Secretary
of the Treasury, shall estimate--
(1) the amount which would (but for this section) be
the unfunded aviation authorizations at the close of
the first fiscal year that begins after that March 31,
and
(2) the net aviation receipts to be credited to the
Airport and Airway Trust Fund during the fiscal year.
(b) Procedure if Excess Unfunded Aviation Authorizations.--If
the Secretary of Transportation determines for any fiscal year
that the amount described in subsection (a)(1) exceeds the
amount described in subsection (a)(2), the Secretary shall
determine the amount of such excess.
(c) Adjustment of Authorizations if Unfunded Authorizations
Exceed Receipts.--
(1) Determination of percentage.--If the Secretary
determines that there is an excess referred to in
subsection (b) for a fiscal year, the Secretary shall
determine the percentage which--
(A) such excess, is of
(B) the total of the amounts authorized to be
appropriated from the Airport and Airway Trust
Fund for the next fiscal year.
(2) Adjustment of authorizations.--If the Secretary
determines a percentage under paragraph (1), each
amount authorized to be appropriated from the Airport
and Airway Trust Fund for the next fiscal year shall be
reduced by such percentage.
(d) Availability of Amounts Previously Withheld.--
(1) Adjustment of authorizations.--If, after a
reduction has been made under subsection (c)(2), the
Secretary determines that the amount described in
subsection (a)(1) does not exceed the amount described
in subsection (a)(2) or that the excess referred to in
subsection (b) is less than the amount previously
determined, each amount authorized to be appropriated
that was reduced under subsection (c)(2) shall be
increased, by an equal percentage, to the extent the
Secretary determines that it may be so increased
without causing the amount described in subsection
(a)(1) to exceed the amount described in subsection
(a)(2) (but not by more than the amount of the
reduction).
(2) Apportionment.--The Secretary shall apportion
amounts made available for apportionment by paragraph
(1).
(3) Period of availability.--Any funds apportioned
under paragraph (2) shall remain available for the
period for which they would be available if such
apportionment took effect with the fiscal year in which
they are apportioned under paragraph (2).
(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be
reported by the Secretary to Congress.
(f) Definitions.--For purposes of this section, the following
definitions apply:
(1) Net aviation receipts.--The term ``net aviation
receipts'' means, with respect to any period, the
excess of--
(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such
period, over
(B) the amounts to be transferred during such
period from the Airport and Airway Trust Fund
under section 9502(d) of the Internal Revenue
Code of 1986 (other than paragraph (1)
thereof).
(2) Unfunded aviation authorizations.--The term
``unfunded aviation authorization'' means, at any time,
the excess (if any) of--
(A) the total amount authorized to be
appropriated from the Airport and Airway Trust
Fund which has not been appropriated, over
(B) the amount available in the Airport and
Airway Trust Fund at such time to make such
appropriation (after all other unliquidated
obligations at such time which are payable from
the Airport and Airway Trust Fund have been
liquidated).
SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS
Sec. 47151. Authority to transfer an interest in surplus property
(a) General Authority.--Subject to sections 47152 and 47153
of this title, a department, agency, or instrumentality of the
executive branch of the United States Government or a wholly
owned Government corporation may [give] convey to a State,
political subdivision of a State, or tax-supported organization
any interest in surplus property--
(1) * * *
(2) if the Administrator of General Services approves
the [gift] conveyance and decides the interest is not
best suited for industrial use.
(b) Ensuring Compliance.--Only the Secretary may ensure
compliance with an instrument [giving] conveying an interest in
surplus property under this subchapter. The Secretary may amend
the instrument to correct the instrument or to make the [gift]
conveyance comply with law.
(c) Disposing of Interests Not [Given] Conveyed Under This
Subchapter.--An interest in surplus property that could be used
at a public airport but that is not [given] conveyed under this
subchapter shall be disposed of under other applicable law.
(d) Requests by Public Agencies.--Except with respect to a
request made by another department, agency, or instrumentality
of the executive branch of the United States Government, such a
department, agency, or instrumentality shall give priority
consideration to a request made by a public agency (as defined
in section 47102) for surplus property described in subsection
(a) for use at a public airport.
Sec. 47152. Terms of [gifts] conveyances
Except as provided in section 47153 of this title, the
following terms apply to a [gift] conveyance of an interest in
surplus property under this subchapter:
(1) * * *
* * * * * * *
Sec. 47153. Waiving and adding terms
(a) General Authority.--(1) The Secretary of Transportation
may waive, without charge, a term of a [gift] conveyance of an
interest in property under this subchapter if the Secretary
decides, after providing notice and an opportunity for public
comment, that--
(A) the property no longer serves the purpose for
which it was [given] conveyed; or
(B) the waiver will not prevent carrying out the
purpose for which the [gift] conveyance was made and is
necessary to advance the civil aviation interests of
the United States.
* * * * * * *
(3) Publication of decisions.--The Secretary shall
publish in the Federal Register any decision to waive a
term under paragraph (1) and the reasons for the
decision.
* * * * * * *
(c) Considerations.--In deciding whether to waive a term
required by section 47152 or add another term, the Secretary
shall consider the current and future needs of the users of the
airport.
* * * * * * *
CHAPTER 475--NOISE
* * * * * * *
SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY
* * * * * * *
Sec. 47528. Prohibition on operating certain aircraft not complying
with stage 3 noise levels
(a) Prohibition.--Except as provided in subsection (b) or (f)
of this section and section 47530 of this title, a person may
operate after December 31, 1999, a civil subsonic turbojet with
a maximum weight of more than 75,000 pounds to or from an
airport in the United States only if the Secretary of
Transportation finds that the aircraft complies with the stage
3 noise levels.
(b) Waivers.--(1) If, not later than July 1, 1999, at least
85 percent of the aircraft used by an air carrier or foreign
air carrier to provide air transportation comply with the stage
3 noise levels, the carrier may apply for a waiver of
subsection (a) of this section for the remaining aircraft used
by the carrier to provide air transportation. The application
must be filed with the Secretary not later than January 1,
1999, and must include a plan with firm orders for making all
aircraft used by the carrier to provide air transportation
comply with the noise levels not later than December 31, 2003.
* * * * * * *
(e) Hawaiian Operations.--(1) * * *
* * * * * * *
(4) An air carrier operating stage 2 aircraft under this
subsection may operate stage 2 aircraft to or from the 48
contiguous States on a nonrevenue 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).
(f) Aircraft Modification or Disposal.--After December 31,
1999, the Secretary may provide a procedure under which a
person may operate a stage 1 or stage 2 aircraft in nonrevenue
service to or from an airport in the United States in order
to--
(1) sell the aircraft outside the United States;
(2) sell the aircraft for scrapping; or
(3) obtain modifications to the aircraft to meet
stage 3 noise levels.
* * * * * * *
PART C--FINANCING
CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
Sec.
48101. Air navigation facilities and equipment.
* * * * * * *
48112. Aviation safety accelerated program.
Sec. 48101. Air navigation facilities and equipment
(a) General Authorization of Appropriations.--Not more than a
total of the following amounts may be appropriated to the
Secretary of Transportation out of the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) to acquire, establish, and
improve air navigation facilities under section 44502(a)(1)(A)
of this title:
[(1) $2,068,000,000 for fiscal year 1997.
[(2) $2,129,000,000 for fiscal year 1998.
[(3) $2,131,000,000 for fiscal year 1999.]
(1) Such sums as may be necessary for fiscal year
2000.
(2) $2,500,000,000 for fiscal year 2001.
(3) $3,000,000,000 for each of fiscal years 2002
through 2004.
* * * * * * *
(d) Universal Access Systems.--Of the amounts appropriated
under subsection (a) for fiscal year 2001, $8,000,000 may be
used for the voluntary purchase and installation of universal
access systems.
* * * * * * *
Sec. 48103. Airport planning and development and noise compatibility
planning and programs
The total amounts which shall be available after September
30, 1998, to the Secretary of Transportation out of the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants
for airport planning and airport development under section
47104 of this title, airport noise compatibility planning under
section 47505(a)(2) of this title, and carrying out noise
compatibility programs under section 47504(c) of this title
[shall be $2,050,000,000 for the period beginning October 1,
1998 and ending August 6, 1999.] shall be--
(1) $2,410,000,000 for fiscal year 1999;
(2) $2,475,000,000 for fiscal year 2000;
(3) $4,000,000,000 for fiscal year 2001;
(4) $4,100,000,000 for fiscal year 2002;
(5) $4,250,000,000 for fiscal year 2003; and
(6) $4,350,000,000 for fiscal year 2004.
Sec. 48104. Operations and maintenance
(a) * * *
[(b) Limitation for Fiscal Year 1993.--The amount that may be
appropriated out of the Fund for fiscal year 1993 may not be
more than an amount equal to--
[(1) 75 percent of the amount made available under
sections 106(k) and 48101-48103 of this title for that
fiscal year; less
[(2) the amount made available under sections 48101-
48103 of this title for that fiscal year.
[(c) Limitation for Fiscal Years 1994-1998.--The amount
appropriated from the Trust Fund for the purposes of paragraphs
(1) and (2) of subsection (a) for each of fiscal years 1994
through 1998 may not exceed the lesser of--
[(1) 50 percent of the amount of funds made available
under sections 48101-48103 of this title for such
fiscal year; or
[(2)(A) 72.5 percent of the amount of funds made
available under sections 106(k) and 48101-48103 of this
title for such fiscal year; less
[(B) the amount of funds made available under
sections 48101-48103 of this title for such fiscal
year.]
(b) Limitation for Fiscal Year 1999.--The amount appropriated
from the Trust Fund for the purposes of paragraphs (1) and (2)
of subsection (a) for fiscal year 1999 may not exceed the
lesser of--
(1) 50 percent of the amount of funds made available
under sections 48101 through 48103 for such fiscal
year; or
(2)(A) 72.5 percent of the amount of funds made
available under sections 106(k) and 48101 through 48103
for such fiscal year; less
(B) the amount of funds made available under sections
48101 through 48103 for such fiscal year.
(c) Limitation for Fiscal Years 2000-2004.--The amount
appropriated from the Trust Fund for the purposes of paragraphs
(1) and (2) of subsection (a) for each of fiscal years 2000
through 2004 may not exceed--
(1) 70 percent of the FAA guaranteed spending levels
for budget resources under section 48302, as adjusted,
for such fiscal year; less
(2) the amount of funds made available under sections
48101 through 48103 and 48112 for such fiscal year.
* * * * * * *
Sec. 48108. Availability and uses of amounts
(a) * * *
* * * * * * *
(c) Limitation on Obligating or Expending Amounts.--In a
fiscal year beginning after September 30, [1998] 2004, the
Secretary of Transportation may obligate or expend an amount
appropriated out of the Fund under section 48104 of this title
only if a law expressly amends section 48104.
* * * * * * *
Sec. 48112. Aviation safety accelerated program
The total amounts which shall be available after September
30, 1999, out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 to make
grants for the aviation safety accelerated program under
section 47161 shall be--
(1) $921,000,000 for fiscal year 2000;
(2) $1,254,000,000 for fiscal year 2001;
(3) $2,157,000,000 for fiscal year 2002;
(4) $2,787,000,000 for fiscal year 2003; and
(5) $3,125,000,000 for fiscal year 2004.
* * * * * * *
CHAPTER 483--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
Sec.
48301. Definitions.
48302. Adjustments to align aviation authorizations with revenues.
48303. Adjustment to AIP program funding.
48304. Estimated aviation income.
Sec. 48301. Definitions
In this chapter, the following definitions apply:
(1) Base year.--The term ``base year'' means the
second fiscal year before the fiscal year for which the
calculation is being made.
(2) AIP program.--The term ``AIP program'' means the
programs for which amounts are made available under
section 48103.
(3) Aviation income.--The term ``aviation income''
means the tax receipts credited to the Airport and
Airway Trust Fund and any interest attributable to the
Fund.
Sec. 48302. Adjustment to align aviation authorizations with revenues
(a) Authorization of Appropriations.--Beginning with fiscal
year 2003, if the actual level of aviation income for the base
year is greater or less than the estimated aviation income
level specified in section 48304 for the base year, the amounts
authorized to be appropriated (or made available) for the
fiscal year under each of sections 106(k), 48101, 48102, and
48103 are adjusted as follows:
(1) If the actual level of aviation income for the
base year is greater than the estimated aviation income
level specified in section 48304 for the base year, the
amount authorized to be appropriated (or made
available) for such section is increased by an amount
determined by multiplying the amount of the excess by
the ratio for such section set forth in subsection (b).
(2) If the actual level of aviation income for the
base year is less than the estimated aviation income
level specified in section 48304 for the base year, the
amount authorized to be appropriated (or made
available) for such section is decreased by an amount
determined by multiplying the amount of the shortfall
by the ratio for such section set forth in subsection
(b).
(b) Ratio.--The ratio referred to in subsection (a) with
respect to section 106(k), 48101, 48102, or 48103, as the case
may be, is the ratio that--
(1) the amount authorized to be appropriated (or made
available) under such section for the fiscal year;
bears to
(2) the total sum of amounts authorized to be
appropriated (or made available) under all of such
sections for the fiscal year.
(c) President's Budget.--When the President submits a budget
for a fiscal year under section 1105 of title 31, United States
Code, the Director of the Office of Management and Budget shall
calculate and the budget shall report any increase or decrease
in authorization levels resulting from this section.
Sec. 48303. Adjustment to AIP program funding
On the effective date of a general appropriations Act
providing appropriations for a fiscal year beginning after
September 30, 2000, for the Federal Aviation Administration,
the amount made available for a fiscal year under section 48103
shall be increased by the amount, if any, by which--
(1) the total sum of amounts authorized to be
appropriated under all of sections 106(k), 48101, and
48102 for such fiscal year, including adjustments made
under section 48302; exceeds
(2) the amounts appropriated for programs funded
under such sections for such fiscal year.
Any contract authority made available by this section shall be
subject to an obligation limitation.
Sec. 48304. Estimated aviation income
For purposes of section 48302, the estimated aviation income
levels are as follows:
(1) $10,734,000,000 for fiscal year 2001.
(2) $11,603,000,000 for fiscal year 2002.
(3) $12,316,000,000 for fiscal year 2003.
(4) $13,062,000,000 for fiscal year 2004.
* * * * * * *
PART D--PUBLIC AIRPORTS
CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
* * * * * * *
Sec. 49106. Metropolitan Washington Airports Authority
(a) * * *
* * * * * * *
(c) Board of Directors.--(1) * * *
* * * * * * *
(6)(A) Not more than 2 of the members of the board appointed
by the President may be of the same political party.
(B) In carrying out their duties on the board, members
appointed by the President shall ensure that adequate
consideration is given to the national interest.
[(C) The members to be appointed under paragraph (1)(D) of
this subsection must be appointed before October 1, 1997. If
the deadline is not met, the Secretary of Transportation and
the Airports Authority are subject to the limitations of
section 49108 of this title until all members referred to in
paragraph (1)(D) are appointed.]
[(D)] (C) A member appointed by the President may be removed
by the President for cause.
* * * * * * *
Sec. 49108. Limitations
After October 1, [2001] 2004, the Secretary of Transportation
may not approve an application of the Metropolitan Washington
Airports Authority--
(1) for an airport development project grant under
subchapter I of chapter 471 of this title; or
(2) to impose a passenger facility fee under section
40117 of this title.
* * * * * * *
----------
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
APPROPRIATIONS ACT, 1996
* * * * * * *
TITLE III
GENERAL PROVISIONS
(including transfers of funds)
* * * * * * *
Sec. 347. (a) * * *
(b) The provisions of title 5, United States Code, shall not
apply to the new personnel management system developed and
implemented pursuant to subsection (a), with the exception of--
(1) section 2302(b), relating to whistleblower
protection, including the provisions for investigation
and enforcement as provided in chapter 12 of title 5,
United States Code;
* * * * * * *
(6) chapter 81, relating to compensation for work
injury; [and]
(7) chapters 83-85, 87, and 89, relating to
retirement, unemployment compensation, and insurance
coverage[.]; and
(8) sections 1204, 1211-1218, 1221, and 7701-7703,
relating to the Merit Systems Protection Board.
[(c) This section shall take effect on April 1, 1996.]
(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. 348. (a) * * *
* * * * * * *
[(c) This section shall take effect on April 1, 1996.]
(c) Contracts Extending Into a Subsequent Fiscal Year.--
Notwithstanding subsection (b)(3), the Administrator may enter
into contracts for procurement of severable services that begin
in one fiscal year and end in another if (without regard to any
option to extend the period of the contract) the contract
period does not exceed 1 year.
* * * * * * *
----------
CENTENNIAL OF FLIGHT COMMEMORATION ACT
* * * * * * *
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed
of 6 members, as follows:
(1) * * *
* * * * * * *
(5) As chosen by the Commission, the president or
head of a United States aeronautical society,
foundation, or organization of national stature or
prominence, or his designee, who will be a person from
a State other than Ohio or North Carolina.
* * * * * * *
(g) Status.--The members of the Commission described in
paragraphs (1), (3), (4), and (5) of subsection (a) shall not
be considered to be officers or employees of the United States.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) * * *
* * * * * * *
[(7) encourage the publication of popular and
scholarly works related to the history of aviation or
the anniversary of the centennial of powered flight.]
(7) as a nonprimary purpose, publish popular and
scholarly works related to the history of aviation or
the anniversary of the centennial of powered flight.
* * * * * * *
SEC. 6. POWERS.
(a) * * *
* * * * * * *
(e) Conflicts of Interest.--At its second business meeting,
the Commission shall adopt a policy to protect against possible
conflicts of interest involving its members and employees. The
Commission shall consult with the Office of Government Ethics
in the development of such a policy and shall recognize the
status accorded its members under section 4(g).
SEC. 7. STAFF AND SUPPORT SERVICES.
(a) Executive Director.--There shall be an Executive Director
appointed by the Commission and chosen from among detailees
from the agencies and organizations represented on the
Commission[.] or represented on the First Flight Centennial
Advisory Board under subparagraphs (A) through (E) of section
12(b)(1). The Executive Director may be paid at a rate not to
exceed the maximum rate of basic pay payable for the Senior
Executive Service.
* * * * * * *
SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS.
(a) * * *
* * * * * * *
(d) Use of Funds.--Funds from licensing royalties received
pursuant to this section shall be used by the Commission to
carry out the duties of the Commission specified by this
Act[.], except that the Commission may transfer any portion of
such funds that is in excess of the funds necessary to carry
out such duties to any Federal agency or the National Air and
Space Museum of the Smithsonian Institution to be used for the
sole purpose of commemorating the history of aviation or the
centennial of powered flight.
* * * * * * *
(f) Duties To Be Carried Out by Administrator of NASA.--The
duties of the Commission under this section shall be carried
out by the Administrator of the National Aeronautics and Space
Administration, in consultation with the Commission.
* * * * * * *
----------
ACT OF JULY 5, 1994
AN ACT To revise, codify, and enact without substantive change certain
general and permanent laws, related to transportation, as subtitles II,
III, and V-X of title 49, United States Code, ``Transportation'', and
to make other technical improvements in the Code.
conforming provisions
Sec. 4. (a) * * *
* * * * * * *
[(k) Effective January 1, 1999, the following sections of
title 49, United States Code, as enacted by section 1 of this
Act, are amended as follows:
[(1) In sections 41107, 41901(b)(1),
41902(a), and 41903, strike ``transportation or
between places in Alaska'' wherever it appears
and substitute ``transportation''.
[(2) Strike section 41901(g).
[(3) In section 41902(b)--
[(A) strike clause (3); and
[(B) in clause (4), strike ``clauses
(1)-(3)'' and substitute ``clauses (1)
and (2)''.]
* * * * * * *
----------
Committee on Commerce,
Washington, DC, May 26, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
Dear Chairman Shuster: As you know, on March 11, 1999, the
Committee on Transportation and Infrastructure ordered reported
H.R. 1000, the Aviation Investment and Reform Act for the 21st
Century Act. The environmental streamlining provisions of the
bill are virtually identical to section 1309 of the conference
report to accompany the Transportation Equity Act for the 21st
Century (``TEA-21''; H.Rpt. 105-550). As you may recall,
members of the Committee on Commerce were appointed as
conferees on that provision during the TEA-21 conference.
Because of the importance of legislation reauthorizing the
Nation's aviation programs, I recognize your desire to bring
this legislation before the House in an expeditious manner.
Given that the environmental streamlining language is virtually
identical to language agreed to by the Commerce Committee
during the TEA-21 conference, I will not exercise the
Committee's right to a sequential referral. By agreeing to
waive its consideration of the bill, however, the Commerce
Committee does not waive its jurisdiction over H.R. 1000. In
addition, the Commerce Committee reserves its authority to seek
conferees on any provisions of the bill that are within its
jurisdiction during any House-Senate conference that may be
convened on this legislation. I ask for your commitment to
support any request by the Commerce Committee for conferees on
H.R. 1000 or similar legislation.
I request that you include this letter as a part of the
Committee's report on H.R. 1000 and as part of the Record
during consideration of the legislation on the House floor.
Thank you for your attention to these matters.
Sincerely,
Tom Bliley,
Chairman.
------
Committee on Transportation and Infrastructure,
Washington, DC, May 29, 1999.
Hon. Thomas Bliley,
Chairman, Committee on Commerce, Rayburn House Office Building, House
of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter of May 29,
1999 regarding H.R. 1000, the Aviation Investment and Reform
Act for the 21st Century. Your assistance in allowing prompt
consideration of this bill is very much appreciated.
I agree that the provision you have identified in your
letter is of jurisdictional interest to the Committee on
Commerce and I agree that by foregoing a sequential referral,
the Committee on Commerce is not waiving its jurisdiction. Be
assured that I will support your request to be represented in
any conference committee with the Senate on this provision.
As you requested, I will include this exchange of letter in
the Committee report on this bill and in the Congressional
Record when the bill is considered on the Floor. Thank you for
your cooperation and your continued support of aviation
matters.
With warm personal regards, I am
Sincerely,
Bud Shuster,
Chairman.
----------
Committee on Resources,
Washington, DC, May 27, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure
Rayburn HOB, Washington, DC.
Dear Mr. Chairman: I have reviewed the text of H.R. 1000,
the Aviation Investment and Reform Act for the 21st Century,
and I believe that the Committee on Resources has a
jurisdictional interest in several sections of the bill. These
include: (1) Section 305, environmental streamlining [as it
relates to the National Environmental Policy Act]; and (2)
Title VIII, National Parks Air Tour Management. The latter is
based on the text of H.R. 717, which was referred additionally
to the Resources Committee this Congress.
I have no objection to the environmental streamlining
provision in H.R. 1000 and therefore will not seek a sequential
referral of the bill based on its inclusion. I also understand
that you have agreed to provide exceptions from the Title VIII
program for the Lake Mead National Recreation Area. We
appreciate your agreement on this issue.
However, there appears to be an additional issue raised in
connection with Title VIII. Based on testimony received by
National Parks and Public Lands Subcommittee Chairman James
Hansen at a hearing this week, it is clear that there is some
concern about the regulation on noise as it relates to air
tours over the Grand Canyon. A rational solution to this
concern would be the incorporation of language in H.R. 1000 or
an explanatory colloquy on the Floor during debate on the bill
which requires a reasonable standard for regulation of air tour
noise. This new provision could read:
The air tour sound threshold and all other aircraft
sound standards for operation in the Grand Canyon shall
be based on valid and reasonable scientific sound
methodology and these threshold and sound standards
shall allow for the continued existence of a viable air
tour industry in the Grand Canyon.
This is a standard that the National Park Service supported in
concept in testimony on May 25, 1999. Its inclusion in H.R.
1000 is good government and should be noncontroversial. I
understand that Chairman Hansen has spoken to Aviation
Subcommittee Chairman John Duncan (who also serves on the
Resources Committee) who is supportive of this language.
Finally, I ask that any manager's amendment to the bill
strike section 806 of H.R. 1000. This appears to duplicate (and
expand unnecessarily) an existing Alaska provision found in the
amendment made by section 803 of the bill.
I hope that we can use this opportunity to correct some
overreaching by the National Park Service in managing Grand
Canyon air tours. I look forward to working with you and your
staff.
Sincerely,
Don Young,
Chairman.
----------
Committee on Transportation and Infrastructure,
Washington, DC, May 29, 1999.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter of May 29,
1999 regarding H.R. 1000, The Aviation Investment and Reform
Act for the 21st Century. Your assistance in allowing prompt
consideration of this bill is very much appreciated.
I agree that the provisions you have identified in your
letter are of jurisdictional interest to the Committee on
Resources and I agree that by foregoing a sequential referral,
the Committee on Resources is not waiving its jurisdiction on
those provisions.
In particular, you have raised several issues with respect
to the Title VIII of the bill, National Parks Air Tour
Management. First, the Transportation Committee has reached an
agreement with the Committee on Resources to provide an
exception from this title regarding air tours that overfly the
Lake Mead National Recreation Area as a transportation route on
their way to fly an air tour of the Grand Canyon. This will be
included in a Manager's amendment offered during floor
consideration of H.R. 1000. Second, I and other members of the
Transportation Committee agree that there is some concern about
the regulation of noise as it relates to air tours over the
Grand Canyon. As you know, this title of H.R. 1000 and its
companion legislation, H.R. 717, are a result of a great deal
of hard work and compromise by the competing interests that are
affected by this bill. In addition, the Grand Canyon has been
specifically exempted from this legislation by agreement of all
parties. However, I would like to continue to work with you to
reach an acceptable legislative compromise on this issue or an
explanatory colloquy during Floor consideration of H.R. 1000.
Finally, I will make every effort to accommodate your
request regarding section 806 of the bill.
I will include this exchange of letters in the Committee
report on this bill. Thank you for your cooperation and your
continued support of aviation matters.
With warm personal regards, I am
Sincerely,
Bud Shuster,
Chairman.