[House Report 106-185]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-185
======================================================================
PROVIDING FOR THE CONSIDERATION OF H.R. 1000, THE AVIATION INVESTMENT
AND REFORM ACT FOR THE 21ST CENTURY (AIR21)
_______
June 14, 1999.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Reynolds, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 206]
The Committee on Rules, having had under consideration
House Resolution 206, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
summary of provisions of resolution
The resolution provides for the consideration of H.R. 1000,
the ``Aviation Investment and Reform Act for the 21st Century
(AIR21),'' under a structured rule. The rule provides one hour
of general debate divided equally between the chairman and
ranking minority member of the Committee on Transportation and
Infrastructure Committee.
The rule waives all points of order against consideration
of the bill. The rule also makes in order the Committee on
Transportation and Infrastructure amendment in the nature of a
substitute as an original bill for purpose of amendment,
modified by the amendment printed in part A of this report. The
rule waives all points of order against consideration of the
amendment in the nature of a substitute.
The rule makes in order only those amendments printed in
part B of this. Amendments made in order may be offered only in
the order printed in the report, may be offered only by a
Member designated of this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. The rule waives all points of
order against the amendments printed in this report.
The rule allows for the Chairman of the Committee of the
Whole to postpone votes during consideration of the bill, and
to reduce voting time to five minutes on a postponed question
if the vote follows a fifteen minute vote. Finally, the rule
provides for one motion to recommit, with or without
instructions.
The waivers of all points of order against consideration of
the bill and the amendment in the nature of a substitute
include sections 302 (prohibiting consideration of legislation
providing new entitlement or contract authority in excess of a
committee's allocation) and 311 (prohibiting consideration of
legislation that would cause the total level of new budget
authority or outlays in the most recent budget resolution to be
exceeded or would cause revenues to be less) of the
Congressional Budget Act.
summary of amendments made in order for h.r. 1000, the aviation
investment and reform act for the 21st century (air21)
Part A--Amendment Modifying the Amendment in the Nature of a Substitute
Archer: Extends the general expenditure authority and
purposes of the Airport and Airway Trust Fund through FY 2004.
Part B--Amendments Made in Order Under the Rule
Shuster: Manager's amendment (includes 40 specific
provisions). Eliminates all slot restrictions at O'Hare Airport
on March 1, 2002, and at LaGuardia and Kennedy Airports on
January 1, 2007, but makes additional slots available for new
airlines; makes intermodal connections, including capital
equipment, eligible for AIP grants; amends section 508 to add
the additional penalty on unruly passengers of a ban for 1 year
from flying; allows the sale of Blue Ash Airport; adds language
to the definition of public aircraft; allows surplus military
aircraft to be sold and used for emergency oil dispersing
services; prohibits landfills within 6 miles of a small
airport; adds a new purpose for which noise money can be spent;
allows an AIP grant to an airport to buy land for noise
mitigation purposes even when military aircraft cause the
noise; requires foreign airlines to comply with the prohibition
on discrimination against the handicapped only when that is
consistent with our international obligations; permits U.S.
based computer reservation systems to file unfair competition
complaints against foreigners; requires that methodologies used
to assess air tour noise in any unit of the National Park
System (including the Grand Canyon) shall be based on reliable
scientific methods; increases the number of state block grant
states from 9 to 10; clarifies that the discretionary budget
authority and outlays from the aviation trust fund that are
moved off budget are removed from the discretionary budget caps
for FY 2001 and 2002; makes the loan guarantee program in
section 211 subject to appropriation; and includes several
other small provisions. (10 minutes)
Young (FL)/Kasich/Obey/Spratt: Strikes section 103(b)
(authorization of appropriations from the Trust Fund) and
strikes titles IX and X (Truth in Budgeting and Aviation
Spending Guarantee) of the bill. (60 minutes)
Jackson/Hyde: Diverts 50 percent of the future Passenger
Facilities Charges (PFCs) collected by Chicago's airports from
the Chicago Airport Authority to the Illinois Department of
Transportation. (10 minutes)
Graham: Strikes section 105 (which allows the increase in
the Passenger Facility Charge (PFC)). (40 minutes)
Andrews: Waives any matching fund airports are currently
required to supply when receiving a grant from FAA if they
enter into an agreement with FEMA or a state of local emergency
response agency to allow their airport to be run by that agency
in a time of emergency. (10 minutes)
Moran (VA): Conditions new air service at Reagan National,
JFK, LaGuardia, and O'Hare airports on Department of
Transportation approval of an airport noise reduction program
that must include local public input and can include
restrictions on the use of aircraft originally built for stage
II compliance (10 minutes)
Hyde/Morella: Strikes section 201 (which eliminates the
slot restrictions at O'Hare, LaGuardia, and Kennedy airports
and allows for slot increases at Reagan National airport). (40
minutes)
PART A--TEXT OF AMENDMENT MODIFYING THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
At the end of the bill insert the following new title (and
conform the table of contents accordingly):
TITLE XI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 1101. EXTENSION OF EXPENDITURE AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the
Internal Revenue Code of 1986 (relating to expenditures from
Airport and Airway Trust Fund) is amended--
(1) by striking ``October 1, 1998'' and inserting
``October 1, 2004'', and
(2) by inserting before the semicolon at the end of
subparagraph (A) the following ``or the provisions of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 providing for payments from
the Airport and Airway Trust Fund or the Interim
Federal Aviation Administration Authorization Act or
section 6002 of the 1999 Emergency Supplemental
Appropriations Act or the Aviation Investment and
Reform Act for the 21st Century''.
(b) Limitation on Expenditure Authority.--Section 9502 of
such Code is amended by adding at the end the following new
subsection:
``(f) Limitation on Transfers to Trust Fund.--
``(1) In general.--Except as provided in paragraph
(2), no amount may be appropriated or credited to the
Airport and Airway Trust Fund on and after the date of
any expenditure from the Airport and Airway Trust Fund
which is not permitted by this section. The
determination of whether an expenditure is so permitted
shall be made without regard to--
``(A) any provision of law which is not
contained or referenced in this title or in a
revenue Act, and
``(B) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of
this subsection.
``(2) Exception for prior obligations.--Paragraph (1)
shall not apply to any expenditure to liquidate any
contract entered into (or for any amount otherwise
obligated) before October 1, 1999, in accordance with
the provisions of this section.''.
PART B--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Shuster of
Pennsylvania, or a Designee, Debatable for 10 Minutes
At the end of section 102 of the bill, insert the following:
(c) Alaska National Air Space Communications System.--Section
48101 is further amended by adding at the end the following:
``(e) Alaska National Air Space Communications System.--Of
the amounts appropriated under subsection (a) for fiscal year
2001, $7,200,000 may be used by the Administrator for the
Alaska National Air Space Interfacility Communications System
if the Administrator issues a report supporting the use of such
funds for the System.''.
(d) Automated Surface Observation System/Automated Weather
Observing System Upgrade.--Section 48101 is further amended by
adding at the end the following:
``(f) Automated Surface Observation System/Automated Weather
Observing System Upgrade.--Of the amounts appropriated under
subsection (a) for fiscal years beginning after September 30,
2000, such sums as may be necessary for the implementation and
use of upgrades to the current automated surface observation
system/automated weather observing system, if the upgrade is
successfully demonstrated.''.
In the matter to be added by section 103(a)(3) of the bill as
paragraph (2) of section 106(k) of title 49, United States
Code, strike ``and'' at the end of subparagraph (F)(ii) and
strike the period at the end of subparagraph (G) and insert ``;
and'' and the following:
``(H) such sums as may be necessary for the
Secretary to hire additional inspectors in
order to enhance air cargo security programs.
At the end of section 103 of the bill, insert the following:
(d) Office of Airline Information.--There is authorized to be
appropriated from the Airport and Airway Trust Fund to the
Secretary $4,000,000 for fiscal years beginning after September
30, 2000, to fund the activities of the Office of Airline
Information in the Bureau of Transportation Statistics of the
Department of Transportation.
In section 104(h) of the bill, strike paragraph (1) and
insert the following:
(1) in subparagraph (A)--
(A) by striking ``31 percent'' each place it
appears and inserting ``34 percent'';
(B) in the first sentence by striking ``and
for carrying out'' and inserting ``, for
carrying out''; and
(C) by striking the period at the end of the
first sentence and inserting the following: ``,
and for noise mitigation projects approved in
the environmental record of decision for an
airport development project under this
chapter.''.
In section 122 of the bill, strike ``and'' the last place it
appears.
In section 123(c)(1) of the bill, strike the period following
``landing light systems'' and insert ``; and''.
In section 130(a)(1) of the bill, strike ``12 for fiscal year
2000'' and insert ``15 for fiscal year 2000''.
In section 130(a) of the bill, in the matter to be added as
section 47118(f) of title 49, United States Code, strike ``at
least 3 of the airports designated under subsection (a)'' and
insert ``1 airport of the airports designated under subsection
(a) for fiscal year 2000 and 3 airports for each fiscal year
thereafter''.
In section 134 of the bill, in the matter proposed to be
added as section 47137 of title 49, United States Code,
redesignate subsections (d) through (g) as subsections (e)
through (h), respectively, and insert after subsection (c) the
following:
``(d) Technical Assistance.--
``(1) In general.--The sponsor of a public-use
airport carrying out inherently low-emission vehicle
activities under the pilot program may use not to
exceed 10 percent of the amounts made available for
expenditure at the airport in a fiscal year under the
pilot program to receive technical assistance in
carrying out such activities.
``(2) Eligible consortium.--To the maximum extent
practicable, a sponsor shall use an eligible consortium
(as defined in section 5506 of this title) in the
region of the airport to receive technical assistance
described in paragraph (1).
At the end of subtitle B of title I of the bill, add the
following (and conform the table of contents of the bill
accordingly):
SEC. 137. INTERMODAL CONNECTIONS.
(a) Airport Improvement Policy.--Section 47101(a)(5) is
amended to read as follows:
``(5) to encourage the development of intermodal
connections between airports and other transportation
modes and systems to promote economic development in a
way that will serve States and local communities
efficiently and effectively;''.
(b) Airport Development Defined.--Section 47102(3) is further
amended by adding at the end the following:
``(I) constructing, reconstructing, or
improving an airport, or purchasing capital
equipment for an airport, for the purpose of
transferring passengers, cargo, or baggage
between the airport and ground transportation
modes.''.
SEC. 138. STATE BLOCK GRANT PROGRAM.
Section 47128(a) is amended by striking ``9 qualified'' and
inserting ``10 qualified''.
SEC. 139. ENGINEERED MATERIALS ARRESTING SYSTEMS.
(a) Eligibility.--Section 47102(3)(B) (as amended by this
Act) is amended by adding at the end the following:
``(ix) engineered materials arresting
systems as described in the Advisory
Circular No. 150/5220-22 published by
the Federal Aviation Administration on
August 21, 1998.''.
(b) Rulemaking.--The Administrator shall initiate a
rulemaking proceeding to consider revisions to part 139 of
title 14, Code of Federal Regulations, to improve runway safety
through the use of engineered materials arresting systems,
longer runways, and such other techniques as the Administrator
considers appropriate.
In section 153(a)(1) of the bill, strike ``1999 through
2004'' and insert ``2000 through 2002''.
At the end of subtitle C of title I of the bill add the
following (and conform the table of contents of the bill
accordingly):
SEC. 157. AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT.
Section 47504(c) is amended by adding at the end the
following:
``(6) Aircraft noise primarily caused by military
aircraft.--The Administrator may make a grant under
this subsection for a project even if the purpose of
the project is to mitigate the effect of noise
primarily caused by military aircraft at an airport.''.
SEC. 158. TIMELY ANNOUNCEMENT OF GRANTS.
The Secretary of Transportation shall announce the making of
grants with funds made available under section 48103 of title
49, United States Code, in a timely fashion after receiving
necessary documentation for the making of such grants from the
Administrator.
At the end of title III of the bill, add the following:
SEC. 308. FAILURE TO MEET RULEMAKING DEADLINE.
Section 106(f)(3)(A) is amended by adding at the end the
following: ``If the Administrator does not meet a deadline
specified in this subparagraph, the Administrator shall
transmit to Congress notification of the missed deadline,
including an explanation for missing the deadline and a
projected date on which the action that was subject to the
deadline will be taken.''.
SEC. 309. FEDERAL PROCUREMENT INTEGRITY ACT.
Section 348(b)(2) of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (49 U.S.C. 40110
note; 109 Stat. 460) is amended by striking the period and
inserting the following: ``, other than section 27 of the
Office of Federal Procurement Policy Act (41 U.S.C. 423);
except that subsections (f) and (g) of such section 27 shall
not apply to the Federal Aviation Administration's acquisition
management system. Within 90 days following the date of
enactment of the Aviation Investment and Reform Act for the
21st Century, the Administrator of the Federal Aviation
Administration shall adopt definitions for the acquisition
management system that are consistent with the purpose and
intent of this section and that will allow the application of
the criminal, civil and administrative remedies provided. The
Administrator shall have the authority to take an adverse
personnel action provided in subsection (e)(3)(A)(iv) of such
section 27, but shall take any such actions in accordance with
the procedures contained in the Federal Aviation
Administration's personnel management system.''.
In the matter to be added by section 507(a) of the bill to
chapter 447 of title 49, United States Code, as section
44725(b)(4) of the bill, insert ``every time the part is
removed from service or'' after ``updated''.
In section 507(b)(3) of the bill, in the matter proposed to
be added as section 46201(a)(3)(C) of title 49, United States
Code, strike ``or''.
In section 508 of the bill, in the matter to be inserted as
section 46316 of title 49, United States Code--
(1) insert ``(a) Civil Penalty.--'' before ``An
individual''; and
(2) strike the closing quotation marks and the final
period at the end of subsection (a) (as so designated)
and insert the following:
``(b) Ban on Flying.--If the Secretary finds that an
individual has interfered with the duties or responsibilities
of the flight crew or cabin crew of a civil aircraft in a way
that poses an imminent threat to the safety of the aircraft or
individuals aboard the aircraft, the individual may be banned
by the Secretary for a period of 1 year from flying on any
aircraft operated by an air carrier.
``(c) Regulations.--The Secretary shall issue regulations to
carry out subsection (b), including establishing procedures for
imposing bans on flying, implementing such bans, and providing
notification to air carriers of the imposition of such bans.''.
At the end of title V of the bill, add the following (and
conform the table of contents of the bill accordingly):
SEC. 511. LANDFILLS INTERFERING WITH AIR COMMERCE.
(a) Findings.--Congress finds that--
(1) collisions between aircraft and birds have
resulted in fatal accidents;
(2) bird strikes pose a special danger to smaller
aircraft;
(3) landfills near airports pose a potential hazard
to aircraft operating there because they attract birds;
(4) even if the landfill is not located in the
approach path of the airport's runway, it still poses a
hazard because of the birds' ability to fly away from
the landfill and into the path of oncoming planes;
(5) while certain mileage limits have the potential
to be arbitrary, keeping landfills at least 6 miles
away from an airport, especially an airport served by
small planes, is an appropriate minimum requirement for
aviation safety; and
(6) closure of existing landfills (due to concerns
about aviation safety) should be avoided because of the
likely disruption to those who use and depend on such
landfills.
(b) Limitation on Construction.--Section 44718(d) is amended
to read as follows:
``(d) Limitation on Construction of Landfills.--
``(1) In general.--No person shall construct or
establish a landfill within 6 miles of an airport
primarily served by general aviation aircraft or
aircraft designed for 60 passengers or less unless the
State aviation agency of the State in which the airport
is located requests that the Administrator of the
Federal Aviation Administration exempt the landfill
from this prohibition and the Administrator, in
response to such a request, determines that the
landfill would not have an adverse impact on aviation
safety.
``(2) Limitation on applicability.--Paragraph (1)
shall not apply to construction or establishment of a
landfill if a permit relating to construction or
establishment of such landfill was issued on or before
June 1, 1999.''.
(c) Civil Penalty for Violations of Limitation on
Construction of Landfills.--Section 46201(a)(3) is further
amended by adding at the end the following:
``(D) a violation of section 41718(d), relating to
limitation on construction of landfills; or''.
SEC. 512. AMENDMENT OF STATUTE PROHIBITING THE BRINGING OF HAZARDOUS
SUBSTANCES ABOARD AN AIRCRAFT.
Section 46312 is amended--
(1) by striking ``A person'' and inserting ``(a)
General.--A person''; and
(2) by adding at the end the following:
``(b) Knowledge of Regulations.--For purposes of subsection
(a), knowledge by the person of the existence of a regulation
or requirement related to the transportation of hazardous
material prescribed by the Secretary under this part is not an
element of an offense under this section but shall be
considered in mitigation of the penalty.''.
SEC. 513. AIRPORT SAFETY NEEDS.
The Administrator shall initiate a rulemaking proceeding to
consider revisions of part 139 of title 14, Code of Federal
Regulations, to meet current and future airport safety needs--
(1) focusing, but not limited to, on the mission of
rescue personnel, rescue operations response time, and
extinguishing equipment; and
(2) taking into account the need for different
requirements for airports depending on their size.
SEC. 514. LIMITATION ON ENTRY INTO MAINTENANCE IMPLEMENTATION
PROCEDURES.
The Administrator may not enter into any maintenance
implementation procedure through a bilateral aviation safety
agreement unless the Administrator determines that the
participating nations are inspecting repair stations so as to
ensure their compliance with the standards of the Federal
Aviation Administration.
SEC. 515. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.
(a) Study.--The Administrator shall conduct a study to
determine the number of persons working at airports who are
injured or killed as a result of being struck by a moving
vehicle while on an airport tarmac, the seriousness of the
injuries to such persons, and whether or not reflective safety
vests or other actions should be required to enhance the safety
of such workers.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under
this section.
SEC. 516. AIRPORT DISPATCHERS.
(a) Study.--The Administrator shall conduct a study of the
role of airport dispatchers in enhancing aviation safety. The
study shall include an assessment of whether or not aircraft
dispatchers should be required for those operations not
presently requiring aircraft dispatcher assistance, operational
control issues related to the aircraft dispatching function,
and whether or not designation of positions within the Federal
Aviation Administration for oversight of dispatchers would
enhance aviation safety.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under
this section.
SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT MECHANICS.
The Administrator shall form a partnership with industry to
develop a model program to improve the curriculum, teaching
methods, and quality of instructors for training individuals
that need certification as airframe and powerplant mechanics.
In section 702(a) of the bill, in the proposed section
40102(a)(38) of title 49, United States Code, strike the
closing quotation marks and the final period and insert the
following:
``(E) owned by the armed forces or chartered
to provide transportation to the armed forces
under the conditions specified by section
40125(d).''.
In section 702(b) of the bill, in the matter to be added as
section 40125(a) of title 49, United States Code--
(1) in paragraph (1) after ``does not include the
operation of an aircraft'' insert ``by the armed forces
for reimbursement when that reimbursement is required
by Federal law or''; and
(2) in paragraph (2)--
(A) after ``such as'' insert ``national
defense, intelligence missions,''; and
(B) after ``law enforcement'' insert
``(including transport of prisoners, detainees,
and illegal aliens)''.
In section 702(b) of the bill, at the end of the matter to be
added as section 40125(a) of title 49, United States Code, add
the following:
``(4) Armed forces.--The term `armed forces' has the
meaning given such term by section 101 of title 10.
In section 702(b) of the bill, in the matter to be added as
section 40125(c), strike the closing quotation marks and the
final period and insert the following:
``(d) Aircraft owned or operated by the armed forces.--An
aircraft described in section 40102(38)(E) qualifies as a
public aircraft if--
``(1) the aircraft is operated in accordance with
title 10; or
``(2) the aircraft is chartered to provide
transportation to the armed forces and the Secretary of
Defense (or the Secretary of the department in which
the Coast Guard is operating) designates the operation
of the aircraft as being required in the national
interest.''.
At the end of section 702 of the bill, add the following:
(c) Safety of Public Aircraft.--
(1) Study.--The National Transportation Safety Board
shall conduct a study to compare the safety of public
aircraft and civil aircraft. In conducting the study,
the Board shall review safety statistics on aircraft
operations since 1993.
(2) Report.--Not later than 6 months after the date
of enactment of this Act, the National Transportation
Safety Board shall transmit to Congress a report
containing the results of the study conducted under
paragraph (1).
Strike section 706(c) of the bill and insert the following:
(c) Discrimination Against Handicapped Individuals by Foreign
Air Carriers.--Section 41705 is amended--
(1) by inserting ``(a) General Prohibition.--''
before ``In providing''; and
(2) by adding at the end the following:
``(b) Prohibition Applicable to Foreign Air Carriers.--
Subject to section 40105(b), the prohibition on discrimination
against an otherwise qualified individual set forth in
subsection (a) shall apply to a foreign air carrier in
providing foreign air transportation.''.
In section 706(d) of the bill, in the matter to be added as
section 46201(a)(3)(D) of title 49, United States Code, strike
``(D)'' and insert ``(E)''.
In section 711 of the bill, in the matter to be inserted as
subsection (c)(1), strike ``date of birth''.
At the end of title VII of the bill, add the following (and
conform the table of contents of the bill accordingly):
SEC. 732. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.
(a) Approval of Sale.--To maintain the efficient utilization
of airports in the high-growth Cincinnati local airport system,
and to ensure that the Cincinnati-Municipal Blue Ash Airport
continues to operate to relieve congestion at Cincinnati-
Northern Kentucky International Airport and to provide greater
access to the general aviation community beyond the expiration
of the city of Cincinnati's grant obligations, the Secretary of
Transportation may approve the sale of Cincinnati-Municipal
Blue Ash Airport from the city of Cincinnati to the city of
Blue Ash upon a finding that the city of Blue Ash meets all
applicable requirements for sponsorship and if the city of Blue
Ash agrees to continue to maintain and operate Blue Ash
Airport, as generally contemplated and described within the
Blue Ash Master Plan Update dated November 30, 1998, for a
period of 20 years from the date existing grant assurance
obligations of the city of Cincinnati expire.
(b) Treatment of Proceeds From Sale.--The proceeds from the
sale approved under subsection (a) shall not be considered to
be airport revenue for purposes of section 47107 and 47133 of
title 49, United States Code, grant obligations of the city of
Cincinnati, or regulations and policies of the Federal Aviation
Administration.
SEC. 733. AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL
SPILLS.
(a) Authority To Sell.--
(1) In general.--Notwithstanding section 202 of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 483) and subject to subsections (b) and
(c), the Secretary of Defense may, during the period
beginning June 15, 1999, and ending September 30, 2002,
sell aircraft and aircraft parts referred to in
paragraph (2) to a person or governmental entity that
contracts to deliver oil dispersants by air in order to
disperse oil spills, and that has been approved by the
Secretary of the Department in which the Coast Guard is
operating for the delivery of oil dispersants by air in
order to disperse oil spills.
(2) Covered aircraft and aircraft parts.--The
aircraft and aircraft parts that may be sold under
paragraph (1) are aircraft and aircraft parts of the
Department of Defense that are determined by the
Secretary of Defense to be--
(A) excess to the needs of the Department;
(B) acceptable for commercial sale; and
(C) with respect to aircraft, 10 years old or
older.
(b) Conditions of Sale.--Aircraft and aircraft parts sold
under subsection (a)--
(1) may be used only for oil spill spotting,
observation, and dispersant delivery; and
(2) may not be flown outside of or removed from the
United States, except for the purpose of fulfilling an
international agreement to assist in oil spill
dispersing efforts or for other purposes that are
jointly approved by the Secretary of Defense and the
Secretary of Transportation.
(c) Certification of Persons and Entities.--The Secretary of
Defense may sell aircraft and aircraft parts to a person or
governmental entity under subsection (a) only if the Secretary
of Transportation certifies to the Secretary of Defense, in
writing, before the sale, that the person or governmental
entity is capable of meeting the terms and conditions of a
contract to deliver oil spill dispersants by air.
(d) Regulations.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of
Transportation and the Administrator of General
Services, shall issue regulations relating to the sale
of aircraft and aircraft parts under this section.
(2) Contents.--The regulations shall--
(A) ensure that the sale of the aircraft and
aircraft parts is made at a fair market value
as determined by the Secretary of Defense, and,
to the extent practicable, on a competitive
basis;
(B) require a certification by the purchaser
that the aircraft and aircraft parts will be
used in accordance with the conditions set
forth in subsection (b);
(C) establish appropriate means of verifying
and enforcing the use of the aircraft and
aircraft parts by the purchaser and other users
in accordance with the conditions set forth in
subsection (b) or pursuant to subsection (e);
and
(D) ensure, to the maximum extent
practicable, that the Secretary of Defense
consults with the Administrator of General
Services and with the heads of other
appropriate departments and agencies of the
Federal Government regarding alternative uses
for such aircraft and aircraft parts before the
sale of such aircraft and aircraft parts under
this section.
(e) Additional Terms and Conditions.--The Secretary of
Defense may require such other terms and conditions in
connection with each sale of aircraft and aircraft parts under
this section as the Secretary of Defense considers appropriate
for such sale. Such terms and conditions shall meet the
requirements of regulations issued under subsection (d).
(f) Report.--Not later than March 31, 2002, the Secretary of
Defense shall submit to the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the Secretary of Defense's exercise
of authority under this section. The report shall set forth--
(1) the number and types of aircraft sold under this
section, and the terms and conditions under which the
aircraft were sold;
(2) the persons or entities to which the aircraft
were sold; and
(3) an accounting of the current use of the aircraft
sold.
(g) Construction.--Nothing in this section may be construed
as affecting the authority of the Administrator of the Federal
Aviation Administration under any other provision of law.
(h) Proceeds From Sale.--The net proceeds of any amounts
received by the Secretary of Defense from the sale of aircraft
and aircraft parts under this section shall be deposited into
the general fund of the Treasury as miscellaneous receipts.
SEC. 734. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS SYSTEMS
OUTSIDE THE UNITED STATES.
(a) Actions Against Discriminatory Activity by Foreign CRS
Systems.--Section 41310 is amended by adding at the end the
following:
``(g) Actions Against Discriminatory Activity by Foreign CRS
Systems.--The Secretary of Transportation may take such actions
as the Secretary considers are in the public interest to
eliminate an activity of a foreign air carrier that owns or
markets a computer reservations system, or of a computer
reservations system firm whose principal offices are located
outside the United States, when the Secretary, on the
initiative of the Secretary or on complaint, decides that the
activity, with respect to airline service--
``(1) is an unjustifiable or unreasonable
discriminatory, predatory, or anticompetitive practice
against a computer reservations system firm whose
principal offices are located inside the United States;
or
``(2) imposes an unjustifiable or unreasonable
restriction on access of such a computer reservations
system to a foreign market.''.
(b) Complaints by CRS Firms.--Section 41310 is amended--
(1) in subsection (d)(1)--
(A) by striking ``air carrier'' in the first
sentence and inserting ``air carrier, computer
reservations system firm,'';
(B) by striking ``subsection (c)'' and
inserting ``subsection (c) or (g)''; and
(C) by striking ``air carrier'' in
subparagraph (B) and inserting ``air carrier or
computer reservations system firm''; and
(2) in subsection (e)(1) by inserting ``or a computer
reservations system firm is subject when providing
services with respect to airline service'' before the
period at the end of the first sentence.
SEC. 735. ALKALI SILICA REACTIVITY DISTRESS.
(a) In General.--The Administrator may make a grant to, or
enter into a cooperative agreement with, a nonprofit
organization for the conduct of a study on the impact of alkali
silica reactivity distress on airport runways and taxiways and
the use of lithium salts and other alternatives for mitigation
and prevention of such distress.
(b) Report.--Not later than 18 months after making a grant,
or entering into a cooperative agreement, under subsection (a)
the Administrator shall transmit a report to Congress on the
results of the study.
SEC. 736. PROCUREMENT OF PRIVATE ENTERPRISE MAPPING, CHARTING, AND
GEOGRAPHIC INFORMATION SYSTEMS.
The Administrator shall consider procuring mapping, charting,
and geographic information systems necessary to carry out the
duties of the Administrator under title 49, United States Code,
from private enterprises, if the Administrator determines that
such procurement furthers the mission of the Federal Aviation
Administration and is cost effective.
SEC. 737. LAND USE COMPLIANCE REPORT.
Section 47131 is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(3) by adding at the end the following:
``(5) a detailed statement listing airports that are
not in compliance with grant assurances or other
requirements with respect to airport lands and
including the circumstances of such noncompliance, the
timelines for corrective action, and the corrective
action the Secretary intends to take to bring the
airport sponsor into compliance.''.
SEC. 738. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE.
Of the amounts made available pursuant to section
5117(b)(6)(B) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 502 note; 112 Stat. 450), not to exceed
$1,000,000 for each of fiscal years 2000 and 2001 may be made
available by the Secretary of Transportation to establish, at
an Army depot that has been closed or realigned, a national
transportation data center of excellence that will--
(1) serve as a satellite facility for the central
data repository that is hosted by the computer center
of the Transportation Administrative Service; and
(2) analyze transportation data collected by the
Federal Government, States, cities, and the
transportation industry.
SEC. 739. MONROE REGIONAL AIRPORT LAND CONVEYANCE.
The Secretary of Transportation shall waive all terms
contained in the 1949 deed of conveyance under which the United
States conveyed certain property then constituting Selman
Field, Louisiana, to the city of Monroe, Louisiana, subject to
the following conditions:
(1) The city agrees that in conveying any interest in
such property the city will receive an amount for such
interest that is equal to the fair market value for
such interest.
(2) The amount received by the city for such
conveyance shall be used by the city--
(A) for the development, improvement,
operation, or maintenance of a public airport;
or
(B) for the development or improvement of the
city's airport industrial park co-located with
the Monroe Regional Airport to the extent that
such development or improvement will result in
an increase, over time, in the amount the
industrial park will pay to the airport to an
amount that is greater than the amount the city
received for such conveyance.
SEC. 740. AUTOMATED WEATHER FORECASTING SYSTEMS.
(a) Contract for Study.--The Administrator shall contract
with the National Academy of Sciences to conduct a study of the
effectiveness of the automated weather forecasting systems of
covered flight service stations solely with regard to providing
safe and reliable airport operations.
(b) Covered Flight Service Stations.--In this section, the
term ``covered flight service station'' means a flight service
station where automated weather observation constitutes the
entire observation and no additional weather information is
added by a human weather observer.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to the
Congress a report on the results of the study.
SEC. 741. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, ARIZONA.
(a) In General.--The Administrator of the Federal Aviation
Administration shall conduct a study on recent changes to the
flight patterns of aircraft using Sky Harbor Airport in
Phoenix, Arizona, and the effects of such changes on the noise
contours in the Phoenix, Arizona, region.
(b) Report.--
(1) In general.--Not later than 90 days after the
enactment of this section, the Administrator shall
submit a report to Congress containing the results of
the study conducted under subsection (a) and
recommendations for measures to mitigate aircraft noise
over populated areas in the Phoenix, Arizona, region.
(2) Availability to the public.--The Administrator
shall make the report described in paragraph (1)
available to the public.
SEC. 742. NONMILITARY HELICOPTER NOISE.
(a) In General.--The Secretary of Transportation shall
conduct a study--
(1) on the effects of nonmilitary helicopter noise on
individuals; and
(2) to develop recommendations for the reduction of
the effects of nonmilitary helicopter noise.
(b) Consideration of Views.--In conducting the study under
this section, the Secretary shall consider the views of
representatives of the helicopter industry and representatives
of organizations with an interest in reducing nonmilitary
helicopter noise.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study under this section.
At the end of section 40126(e) to be added to chapter 401 of
title 49, United States Code, by section 803(a) of the bill,
insert the following:
``(3) Lake mead.--This section shall not apply to any
air tour operator while flying over or near the Lake
Mead National Recreation Area solely, as a
transportation route, to conduct an air tour over the
Grand Canyon National Park.
In title VIII of the bill, redesignate section 806 and 807 as
sections 807 and 808, respectively, and insert after section
805 the following:
SEC. 806. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.
Any methodology adopted by a Federal agency to assess air
tour noise in any unit of the national park system (including
the Grand Canyon and Alaska) shall be based on reasonable
scientific methods.
Strike section 202 of the bill and insert the following:
SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING
SUFFICIENT SERVICE.
(a) Funding for Airports Not Receiving Sufficient Service.--
Chapter 417 is amended by adding at the end the following:
``Sec. 41743. Airports not receiving sufficient service
``(a) Types of Assistance.--The Secretary of Transportation
may use amounts made available under this section--
``(1) to provide assistance to an air carrier to
subsidize service to and from an underserved airport
for a period not to exceed 3 years;
``(2) to provide assistance to an underserved airport
to obtain jet aircraft service (and to promote
passenger use of that service) to and from the
underserved airport; and
``(3) to provide assistance to an underserved airport
to implement such other measures as the Secretary, in
consultation with such airport, considers appropriate
to improve air service both in terms of the cost of
such service to consumers and the availability of such
service, including improving air service through
marketing and promotion of air service and enhanced
utilization of airport facilities.
``(b) Priority Criteria For Assisting Airports Not Receiving
Sufficient Service.--In providing assistance to airports under
subsection (a), the Secretary 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.
``(c) Definitions.--In this section, the following
definitions apply:
``(1) Underserved airport.--The term `underserved
airport' means a nonhub airport or small hub airport
(as such terms are defined in section 41731) that--
``(A) the Secretary determines is not
receiving sufficient air carrier service; or
``(B) has unreasonably high airfares.
``(2) 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.
``(d) Authority To Make Agreements and Incur Obligations.--
``(1) In general.--The Secretary may make agreements
and incur obligations from the Airport and Airway Trust
Fund to provide assistance under this section. An
agreement by the Secretary under this subsection is a
contractual obligation of the Government to pay the
Government's share of the compensation. Contract
authority made available by this paragraph shall be
subject to an obligation limitation.
``(2) Amounts made available.--There shall be
available to the Secretary out of the Fund not more
than $25,000,000 for each of fiscal years 2000 through
2004 to incur obligations under this section. Amounts
made available under this section shall remain
available until expended.''.
(c) Conforming Amendment.--The analysis for chapter 417 is
amended by adding at the end the following:
``41743. Airports not receiving sufficient service.''.
In section 211(a) of the bill, in the second sentence of the
matter proposed to be added as section 41763(b)(1)(E), insert
``, subject to appropriations,'' after ``the Secretary''.
In section 211(a) of the bill, in the second sentence of the
matter proposed to be added as section 41763(c)(3), insert ``,
subject to appropriations,'' after ``the Secretary''.
In section 211(a) of the bill, in the second sentence of the
matter proposed to be added as section 41763(d)(2)(G), insert
``, subject to appropriations,'' after ``the Secretary''.
Redesignate section 904 of the bill as section 905 and insert
after section 903 of the bill the following (and conform the
table of contents of the bill accordingly):
SEC. 904. ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS.
When the President submits the budget under section 1105(a)
of title 31, United States Code, for fiscal year 2001, the
Director of the Office of Management and Budget shall, pursuant
to section 251(b)(1)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, calculate and the budget shall
include appropriate reductions to the discretionary spending
limits for each of fiscal years 2001 and 2002 set forth in
section 251(c)(5)(A) and section 251(c)(6)(A) of that Act (as
adjusted under section 251 of that Act) to reflect the
discretionary baseline trust fund spending (without any
adjustment for inflation) for the Federal Aviation
Administration that is subject to section 902 of this Act for
each of those two fiscal years.
Strike section 201 of the bill and insert the following:
SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.
(a) Phaseout of Slot Rule for O'Hare, LaGuardia, and Kennedy
Airports.--Section 41714 is amended by adding at the end the
following:
``(j) Phaseout of Slot Rule for O'Hare, LaGuardia, and
Kennedy Airports.--
``(1) O'hare airport.--The slot rule shall be of no
force and effect at O'Hare International Airport--
``(A) effective March 1, 2000--
``(i) with respect to a regional jet
aircraft providing air transportation
between O'Hare International Airport
and a small hub or nonhub airport--
``(I) if the operator of the
regional jet aircraft was not
providing such air
transportation during the week
of June 15, 1999; or
``(II) if the level of air
transportation to be provided
between such airports by the
operator of the regional jet
aircraft during any week will
exceed the level of air
transportation provided by such
operator between such airports
during the week of June 15,
1999; and
``(ii) with respect to any aircraft
providing foreign air transportation;
``(B) effective March 1, 2001, with respect
to any aircraft operating before 2:45 post
meridiem and after 8:15 post meridiem; and
``(C) effective March 1, 2002, with respect
to any aircraft.
``(2) Laguardia and kennedy.--The slot rule shall be
of no force and effect at LaGuardia Airport or John F.
Kennedy International Airport--
``(A) effective March 1, 2000, with respect
to a regional jet aircraft providing air
transportation between LaGuardia Airport or
John F. Kennedy International Airport and a
small hub or nonhub airport--
``(I) if the operator of the
regional jet aircraft was not
providing such air
transportation during the week
of June 15, 1999; or
``(II) if the level of air
transportation to be provided
between such airports by the
operator of the regional jet
aircraft during any week will
exceed the level of air
transportation provided by such
operator between such airports
during the week of June 15,
1999; and
``(B) effective January 1, 2007, with respect
to any aircraft.''.
(b) Additional Exemptions From Slot Rule.--Section 41714 is
amended by striking subsections (e) and (f) and inserting the
following:
``(e) Additional Exemptions From Slot Rule.--
``(1) Slot exemptions for airports not receiving
sufficient service.--
``(A) In general.--Notwithstanding chapter
491, the Secretary may by order grant
exemptions from the slot rule for Ronald Reagan
Washington National Airport and O'Hare
International Airport to enable air carriers to
provide nonstop air transportation using jet
aircraft that comply with the stage 3 noise
levels of part 36 of title 14, Code of Federal
Regulations, between the airport and a small
hub or nonhub airport that the Secretary
determines has (i) insufficient air carrier
service to and from Reagan National Airport or
O'Hare International Airport, as the case may
be, or (ii) unreasonably high airfares.
``(B) Number of slot exemptions to be
granted.--
``(i) Reagan national.--
``(I) Maximum number of
exemptions.--No more than 2
exemptions from the slot rule
per hour and no more than 6
exemptions from the slot rule
per day may be granted under
this paragraph for Ronald
Reagan Washington National
Airport.
``(II) Maximum distance of
flights.--An exemption from the
slot rule may be granted under
this paragraph for Ronald
Reagan Washington National
Airport only if the flight
utilizing the exemption
begins or ends within 1,250
miles of such airport and a
stage 3 aircraft is used for
such flight.
``(ii) O'Hare airport.--20 exemptions
from the slot rule per day shall be
granted under this paragraph for O'Hare
International Airport.
``(2) Slot exemptions at o'hare for new entrant air
carriers.--
``(A) In general.--The Secretary shall grant
30 exemptions from the slot rule to enable new
entrant air carriers to provide air
transportation at O'Hare International Airport
using stage 3 aircraft.
``(B) Priority consideration.--In granting
exemptions under this paragraph, the Secretary
shall give priority consideration to an
application from an air carrier that, as of
June 15, 1999, operated or held fewer than 20
slots at O'Hare International Airport.
``(3) Insufficient applications.--If, on the 180th
day following the date of enactment of the Aviation
Investment and Reform Act for the 21st Century, the
Secretary has not granted all of the exemptions from
the slot rule made available under this subsection at
an airport because an insufficient number of eligible
applicants have submitted applications for the
exemptions, the Secretary may grant the remaining
exemptions at the airport to any air carrier applying
for the exemptions for the provision of any type of air
transportation. An exemption granted under paragraph
(1) or (2) pursuant to this paragraph may be reclaimed
by the Secretary for issuance in accordance with the
terms of paragraph (1) or (2), as the case may be, if
subsequent applications under paragraph (1) or (2), as
the case maybe, so warrant.
``(f) Requirements Relating to Additional Slot Exemptions.--
``(1) Applications.--An air carrier interested in
obtaining an exemption from the slot rule under
subsection (e) shall submit to the Secretary an
application for the exemption. No application may be
submitted to the Secretary under subsection (e) before
the last day of the 30-day period beginning on the date
of enactment of the Aviation Investment and Reform Act
for the 21st Century.
``(2) Period of effectiveness.--An exemption from the
slot rule granted under subsection (e) shall remain in
effect only while the air carrier for whom the
exemption is granted continues to provide the air
transportation for which the exemption is granted.
``(3) 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 from the slot
rule under subsection (e) regardless of the form of the
corporate relationship between the commuter air carrier
and the other air carrier.''.
(c) Definitions.--
(1) In general.--Section 41714(h) is amended by
adding at the end the following:
``(5) 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.
``(6) Regional jet aircraft.--The term `regional jet
aircraft' means a 2-engine jet aircraft with a design
capacity of 70 or fewer seats, manufactured after
January 1, 1992, that has an effective perceived noise
level on takeoff not exceeding 83 decibels when
measured according to the procedures described in part
36 of title 14, Code of Federal Regulations.
``(7) Slot rule.--The term `slot rule' means the
requirements of subparts K and S of part 93 of title
14, Code of Federal Regulations.
``(8) 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.
``(9) 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.''.
(2) Regulatory definition of limited incumbent
carrier.--The Secretary shall modify the definition of
the term ``limited incumbent carrier'' in subpart S of
part 93 of title 14, Code of Federal Regulations, to
require an air carrier or commuter operator to hold or
operate fewer than 20 slots (instead of 12 slots) to
meet the criteria of the definition. For purposes of
this section, such modification shall be treated as in
effect on the date of enactment of this Act.
(d) Prohibition on Slot Withdrawals.--Section 41714(b) is
amended--
(1) in paragraph (2)--
(A) by inserting ``at O'Hare International
Airport'' after ``a slot''; and
(B) by striking ``if the withdrawal'' and all
that follows before the period; and
(2) by striking paragraph (4) and inserting the
following:
``(4) Conversion of slots.--Effective March 1, 2000,
slots at O'Hare International Airport allocated to an
air carrier as of June 15, 1999, to provide foreign air
transportation shall be made available to such carrier
to provide interstate or intrastate air
transportation.''.
(e) Conforming Amendments.--Section 41714(c) is amended--
(1) by striking ``Slots for New Entrants.--'' and all
that follows through ``If the'' and inserting ``Slots
for New Entrants.--If the''; and
(2) by striking paragraph (2).`
(f) Amendments Reflecting Phaseout of Slot Rule for Certain
Airports.--Effective January 1, 2007, section 41714 is
amended--
(1) by striking subsections (a), (b), (c), (e), (f),
(g), (h), and (i);
(2) by redesignating subsections (d) and (j) as
subsections (a) and (b), respectively;
(3) in the heading for subsection (a) (as so
redesignated) by striking ``Special Rules for''; and
(4) by adding at the end the following:
``(c) Definitions.--
``(1) Nonhub airport.--The term `nonhub airport'
means an airport that each year has less than .05
percent of the total annual boarding in the United
States.
``(2) Regional jet aircraft.--The term `regional jet
aircraft' means a 2-engine jet aircraft with a design
capacity of 70 or fewer seats, manufactured after
January 1, 1992, that has an effective perceived noise
level on takeoff not exceeding 83 decibels when
measured according to the procedures described in part
36 of title 14, Code of Federal Regulations.
``(3) Slot.--The term `slot' means a reservation for
an instrument flight rule takeoff or landing by an air
carrier or an aircraft in air transportation.''.
``(4) Slot rule.--The term `slot rule' means the
requirements of subparts K and S of part 93 of title
14, Code of Federal Regulations (pertaining to slots at
high density airports).
``(5) 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.
``(6) 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.''.
----------
2. An Amendment To Be Offered by Representative Young of Florida, or
Representative Kasich of Ohio, or a Designee, Debatable for 60 Minutes
In section 103 of the bill, strike subsection (b) and
redesignate subsequent subsections accordingly.
Strike titles IX and X of the bill and conform the table of
contents of the bill accordingly.
----------
3. An Amendment To Be Offered by Representative Jackson of Illinois, or
Representative Hyde of Illinois, or a Designee, Debatable for 10
Minutes
In section 105(a) of the bill, at the end of the matter
proposed to be added as section 40117(b)(4) of title 49, United
States Code, strike the closing quotation marks and the final
period and insert the following:
``(5)(A) If a passenger facility fee is being imposed (or
will be imposed) at O'Hare International Airport under
paragraph (1) or (4), the Secretary may authorize under this
section the State of Illinois to impose a passenger facility
fee of not to exceed $1.50 on each paying passenger of an air
carrier or foreign air carrier boarding an aircraft at the
Airport to finance an eligible airport-related project,
including making payments for debt service on indebtedness
incurred to carry out the project, at an airport located (or to
be located) in the State if the Secretary finds that the
project meets the criteria described in paragraph (4)(A).
``(B) The maximum amount of a passenger facility fee that can
be imposed at O'Hare International Airport by an eligible
entity under paragraph (4) shall be reduced by the amount of
any passenger facility fee imposed at the airport by the State
of Illinois under this paragraph.
``(C) Except as otherwise determined by the Secretary, if the
State of Illinois submits an application to impose a passenger
facility fee under this paragraph, the State shall be subject
to the same requirements as an eligible entity submitting an
application to impose a passenger facility fee under paragraph
(1) or (4).
``(D) Paragraph (2) shall not apply to a passenger facility
fee imposed under this paragraph.''.
Strike section 105(c)(2) of the bill and insert the
following:
(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 to the
airport 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 to the
airport 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
----------
4. An Amendment To Be Offered by Representative Graham of South
Carolina, or a Designee, Debatable for 40 Minutes
Strike section 105 of the bill and redesignate section 106
of the bill as section 105. Conform the table of contents of
the bill accordingly.
----------
5. An Amendment To Be Offered by Representative Andrews of New Jersey,
or a Designee, Debatable for 10 Minutes
In section 126 of the bill--
(1) insert ``(a) State Block Grant Program and Fiscal
Year 2000.--'' before ``Section 47109(a)''; and
(2) insert at the end the following:
(b) Airports Subject to Emergency Response Agreements.--
Section 47109 is amended--
(1) in subsection (a) by striking ``subsection (b)''
and inserting ``subsections (b) and (d)''; and
(2) by adding at the end the following:
``(d) Airports Subject to Emergency Response Agreements.--If
the sponsor of an airport and the Federal Emergency Management
Agency or a State or local government entity, that has
jurisdiction over emergency responses at the airport or in an
area that includes the airport, enter into an agreement that
makes the airport subject to the control of such Agency or
entity during an emergency for the conduct of emergency
response activities by such Agency or entity and such sponsor
submits to the Secretary of Transportation a copy of such
agreement, the United States Government share of allowable
project costs incurred for a project at the airport while the
agreement is in effect shall be 100 percent.''.
----------
6. An Amendment To Be Offered by Representative Moran of Virginia, or a
Designee, Debatable for 10 Minutes
At the end of section 201 of the bill, insert the following:
(c) Mitigation Programs.--
(1) In general.--Before the Secretary of
Transportation may take any action under subsections
(e), (f), and (j) of section 41714 of title 49, United
States Code (as amended by subsections (a) and (b) of
this section), that would result in additional flights
to or from a high density airport (as defined in
section 41714(h) of such title), the airport operator
must submit to the Secretary, and the Secretary must
approve, a program for mitigating aviation noise in
areas surrounding the airport that would otherwise
result from the additional flights.
(2) Consultation and public notice.--An operator may
submit a program to the Secretary under paragraph (1)
only after--
(A) consulting with public agencies and
planning authorities in the area surrounding
the airport, United States Government officials
having local responsibility for the airport,
and air carriers using the airport; and
(B) providing notice and an opportunity for a
public hearing.
(3) Contents.--A program submitted under paragraph
(1) shall state the measures the operator has taken or
proposes to take to mitigate aviation noise described
in paragraph (1).
(4) Approvals.--
(A) In general.--The Secretary shall approve
or disapprove a program submitted under
paragraph (1) not later than 180 days after
receiving the program. The Secretary shall
approve a program that--
(i) has been developed in accordance
with the requirements of this
subsection; and
(ii) provides satisfactory mitigation
of aviation noise described in
paragraph (1).
(B) Deadline.--A program is deemed to be
approved if the Secretary does not act within
the 180-day period.
(C) Flight procedures.--The Secretary shall
submit any part of a program related to flight
procedures to control the operation of aircraft
to the Administrator of the Federal Aviation
Administration. The Administrator shall approve
or disapprove that part of the program.
(5) Airport noise or access restrictions.--
Notwithstanding section 47524 or any other provision of
law, the Secretary may approve, and an airport operator
may implement, as part of a program submitted under
paragraph (1) airport noise or access restrictions on
the operation of any aircraft that was not originally
constructed as a stage 3 aircraft.
----------
7. An Amendment To Be Offered by Representative Hyde of Illinois, or
Representative Morella of Maryland, or a Designee, Debatable for 10
Minutes
Strike section 201 of the bill.
Redesignate subsequent sections of the bill, and conform
the table of contents of the bill, accordingly.