[House Report 106-513]
[From the U.S. Government Publishing Office]




106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-513

=======================================================================



 
WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY

                                _______
                                

                 March 8, 2000.--Ordered to be printed

                                _______
                                

 Mr. Shuster, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 1000]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to 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 met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Wendell H. 
Ford 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. Definitions.

                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. Funding for aviation programs.
Sec. 107. Adjustment to AIP program funding.
Sec. 108. Reprogramming notification requirement.

                     Subtitle B--Airport Development

Sec. 121. Runway incursion prevention devices and emergency call boxes.
Sec. 122. Windshear detection equipment and adjustable lighting 
          extensions.
Sec. 123. Pavement maintenance.
Sec. 124. Enhanced vision technologies.
Sec. 125. Public notice before waiver with respect to land.
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. Inherently low-emission airport vehicle pilot program.
Sec. 134. Airport security program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.
Sec. 137. Intermodal connections.
Sec. 138. State block grant program.
Sec. 139. Design-build contracting.

                        Subtitle C--Miscellaneous

Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. Continuation of ILS inventory program.
Sec. 154. Aircraft noise primarily caused by military aircraft.
Sec. 155. Competition plans.
Sec. 156. Alaska rural aviation improvement.
Sec. 157. Use of recycled materials.
Sec. 158. Construction of runways.
Sec. 159. Notice of grants.
Sec. 160. Airfield pavement conditions.
Sec. 161. Report on efforts to implement capacity enhancements.
Sec. 162. Prioritization of discretionary projects.
Sec. 163. Continuation of reports.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

                      Subtitle A--Small Communities

Sec. 201. Policy for air service to rural areas.
Sec. 202. Waiver of local contribution.
Sec. 203. Improved air carrier service to airports not receiving 
          sufficient service.
Sec. 204. Preservation of essential air service at single carrier 
          dominated hub airports.
Sec. 205. Determination of distance from hub airport.
Sec. 206. Report on essential air service.
Sec. 207.  Marketing practices.
Sec. 208. Definition of eligible place.
Sec. 209. Maintaining the integrity of the essential air service 
          program.
Sec. 210. Regional jet service for small communities.

                  Subtitle B--Airline Customer Service

Sec. 221. Consumer notification of E-ticket expiration dates.
Sec. 222. Increased penalty for violation of aviation consumer 
          protection laws.
Sec. 223. Funding of enforcement of airline consumer protections.
Sec. 224. Airline customer service reports.
Sec. 225. Increased financial responsibility for lost baggage.
Sec. 226. Comptroller General investigation.
Sec. 227. Airline service quality performance reports.
Sec. 228. National Commission To Ensure Consumer Information and Choice 
          in the Airline Industry.

                         Subtitle C--Competition

Sec. 231. Changes in, and phase-out of, slot rules.

                    TITLE III--FAA MANAGEMENT REFORM

Sec. 301. Air traffic control system defined.
Sec. 302. Air traffic control oversight.
Sec. 303. Chief Operating Officer.
Sec. 304. Pilot program to permit cost-sharing of air traffic 
          modernization projects.
Sec. 305. Clarification of regulatory approval process.
Sec. 306. Failure to meet rulemaking deadline.
Sec. 307. FAA personnel and acquisition management systems.
Sec. 308. Right to contest adverse personnel actions.
Sec. 309. Independent study of FAA costs and allocations.
Sec. 310. Environmental review of airport improvement projects.
Sec. 311. Cost allocation system.
Sec. 312. Report on modernization of oceanic ATC system.

                       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. Death on the high seas.

                             TITLE V--SAFETY

Sec. 501. Airplane emergency locators.
Sec. 502. Cargo collision avoidance systems deadlines.
Sec. 503. Landfills interfering with air commerce.
Sec. 504. Life-limited aircraft parts.
Sec. 505. Counterfeit aircraft parts.
Sec. 506. Prevention of frauds involving aircraft or space vehicle parts 
          in interstate or foreign air commerce.
Sec. 507. Transporting of hazardous material.
Sec. 508. Employment investigations and restrictions.
Sec. 509. Criminal penalty for pilots operating in air transportation 
          without an airman's certificate.
Sec. 510. Flight operations quality assurance rules.
Sec. 511. Penalties for unruly passengers.
Sec. 512. Deputizing of State and local law enforcement officers.
Sec. 513. Air transportation oversight system.
Sec. 514. Runway safety areas.
Sec. 515. Precision approach path indicators.
Sec. 516. Aircraft dispatchers.
Sec. 517. Improved training for airframe and powerplant mechanics.
Sec. 518. Small airport certification.
Sec. 519. Protection of employees providing air safety information.
Sec. 520. Occupational injuries of airport workers.

          TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 601. Transfer of functions, powers, and duties.
Sec. 602. Transfer of office, personnel and funds.
Sec. 603. Amendment of title 49, United States Code.
Sec. 604. Savings provision.
Sec. 605. National ocean survey.
Sec. 606. Sale and distribution of nautical and aeronautical products by 
          NOAA.
Sec. 607. Procurement of private enterprise mapping, charting, and 
          geographic information systems.

                   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. FAA evaluation of long-term capital leasing.
Sec. 705. Severable services contracts for periods crossing fiscal 
          years.
Sec. 706. Prohibitions on discrimination.
Sec. 707. Discrimination against handicapped individuals.
Sec. 708. Prohibitions against smoking on scheduled flights.
Sec. 709. Joint venture agreement.
Sec. 710. Reports by carriers on incidents involving animals during air 
          transport.
Sec. 711. Extension of war risk insurance program.
Sec. 712. General facilities and personnel authority.
Sec. 713. Human factors program.
Sec. 714. Implementation of Article 83 bis of the Chicago Convention.
Sec. 715. Public availability of airmen records.
Sec. 716. Review process for emergency orders.
Sec. 717. Government and industry consortia.
Sec. 718. Passenger manifest.
Sec. 719. Cost recovery for foreign aviation services.
Sec. 720. Technical corrections to civil penalty provisions.
Sec. 721. Waiver under Airport Noise and Capacity Act.
Sec. 722. Land use compliance report.
Sec. 723. Charter airlines.
Sec. 724. Credit for emergency services provided.
Sec. 725. Passenger cabin air quality.
Sec. 726. Standards for aircraft and aircraft engines to reduce noise 
          levels.
Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration 
          project.
Sec. 728. Automated surface observation system stations.
Sec. 729. Aircraft situational display data.
Sec. 730. Elimination of backlog of equal employment opportunity 
          complaints.
Sec. 731. Grant of easement, Los Angeles, California.
Sec. 732. Regulation of Alaska guide pilots.
Sec. 733. National Transportation Data Center of Excellence.
Sec. 734. Aircraft repair and maintenance advisory panel.
Sec. 735. Operations of air taxi industry.
Sec. 736. National airspace redesign.
Sec. 737. Compliance with requirements.
Sec. 738. FAA consideration of certain State proposals.
Sec. 739. Cincinnati-Municipal Blue Ash Airport.
Sec. 740. Authority to sell aircraft and aircraft parts for use in 
          responding to oil spills.
Sec. 741. Discriminatory practices by computer reservations systems 
          outside the United States.
Sec. 742. Specialty metals consortium.
Sec. 743. Alkali silica reactivity distress.
Sec. 744. Rolling stock equipment.
Sec. 745. General Accounting Office airport noise study.
Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona.
Sec. 747. Nonmilitary helicopter noise.
Sec. 748. Newport News, Virginia.
Sec. 749. Authority to waive terms of deed of conveyance, Yavapai 
          County, Arizona.
Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, 
          Arizona.
Sec. 751. Conveyance of airport property to an institution of higher 
          education in Oklahoma.
Sec. 752. Former airfield lands, Grant Parish, Louisiana.
Sec. 753. Raleigh County, West Virginia, Memorial Airport.
Sec. 754. Iditarod area school district.
Sec. 755. Alternative power sources for flight data recorders and 
          cockpit voice recorders.
Sec. 756. Terminal automated radar display and information system.
Sec. 757. Streamlining seat and restraint system certification process 
          and dynamic testing requirements.
Sec. 758. Expressing the sense of the Senate concerning air traffic over 
          northern Delaware.
Sec. 759. Post Free Flight Phase I activities.
Sec. 760. Sense of Congress regarding protecting the frequency spectrum 
          used for aviation communication.
Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, 
          Alaska.
Sec. 762. Bilateral relationship.

             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. Quiet aircraft technology for Grand Canyon.
Sec. 805. Advisory group.
Sec. 806. Prohibition of commercial air tour operations over the Rocky 
          Mountain National Park.
Sec. 807. Reports.
Sec. 808. Methodologies used to assess air tour noise.
Sec. 809. Alaska exemption.

    TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

Sec. 901. Authorization of appropriations.
Sec. 902. Integrated national aviation research plan.
Sec. 903. Internet availability of information.
Sec. 904. Research on nonstructural aircraft systems.
Sec. 905. Research program to improve airfield pavements.
Sec. 906. Evaluation of research funding techniques.

    TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                                AUTHORITY

Sec. 1001. Extension of expenditure authority.

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. DEFINITIONS.

    Except as otherwise provided in this Act, the following 
definitions apply:
            (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Federal Aviation 
        Administration.
            (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.

                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 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) $3,200,000,000 for fiscal year 2001;
            ``(4) $3,300,000,000 for fiscal year 2002; and
            ``(5) $3,400,000,000 for fiscal year 2003.
Such sums shall remain available until expended.''.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``After'' and all that follows through ``1999,'' and 
inserting ``After September 30, 2003,''.
    (c) Reimbursement.--Upon enactment of this Act, amounts for 
administration funded by the appropriation for ``Federal 
Aviation Administration, Operations'', pursuant to the third 
proviso under the heading ``Grants-in-Aid for Airports 
(Liquidation of Contract Authorization) (Airport and Airway 
Trust Fund)'' in the Department of Transportation and Related 
Agencies Appropriations Act, 2000, may be reimbursed from funds 
limited under such heading.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

    (a) General Authorization and Appropriations.--Section 
48101(a) is amended by striking paragraphs (1), (2), and (3) 
and inserting the following:
            ``(1) $2,131,000,000 for fiscal year 1999.
            ``(2) $2,689,000,000 for fiscal year 2000.
            ``(3) $2,656,765,000 for fiscal year 2001.
            ``(4) $2,914,000,000 for fiscal year 2002.
            ``(5) $2,981,022,000 for fiscal year 2003.''.
    (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.''.
    (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 of the 
Federal Aviation Administration 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.''.
    (e) Life-Cycle Cost Estimates.--Section 48101 is further 
amended by adding at the end the following:
    ``(g) Life-Cycle Cost Estimates.--The Administrator of the 
Federal Aviation Administration shall establish life-cycle cost 
estimates for any air traffic control modernization project the 
total life-cycle costs of which equal or exceed $50,000,000.''.

SEC. 103. FAA OPERATIONS.

    (a) In General.--Section 106(k) is amended to read as 
follows:
    ``(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--
                    ``(A) such sums as may be necessary for 
                fiscal year 2000;
                    ``(B) $6,592,235,000 for fiscal year 2001;
                    ``(C) $6,886,000,000 for fiscal year 2002; 
                and
                    ``(D) $7,357,000,000 for fiscal year 2003.
        Such sums shall remain available until expended.
            ``(2) Authorized expenditures.--Out of amounts 
        appropriated under paragraph (1), the following 
        expenditures are authorized:
                    ``(A) $450,000 for each of fiscal years 
                2000 through 2003 for wildlife hazard 
                mitigation measures and management of the 
                wildlife strike database of the Federal 
                Aviation Administration.
                    ``(B) $9,100,000 for the 3-fiscal-year 
                period beginning with fiscal year 2001 to 
                support a university consortium established to 
                provide an air safety and security management 
                certificate program, working cooperatively with 
                the Federal Aviation Administration and United 
                States air carriers, 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.
                    ``(C) Such sums as may be necessary for 
                fiscal years 2000 through 2003 to support 
                infrastructure systems development for both 
                general aviation and the vertical flight 
                industry.
                    ``(D) Such sums as may be necessary for 
                fiscal years 2000 through 2003 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) Such sums as may be necessary for 
                fiscal years 2000 through 2003 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.
                    ``(F) $3,300,000 for fiscal year 2000 and 
                $3,000,000 for each of fiscal years 2001 
                through 2003 to implement the 1998 airport 
                surface operations safety action plan of the 
                Federal Aviation Administration.
                    ``(G) $9,100,000 for fiscal year 2001 to 
                support air safety efforts through payment of 
                United States membership obligations in the 
                International Civil Aviation Organization, to 
                be paid as soon as practicable.
                    ``(H) Such sums as may be necessary for 
                fiscal years 2000 through 2003 for the 
                Secretary to hire additional inspectors in 
                order to enhance air cargo security programs.
                    ``(I) Such sums as may be necessary for 
                fiscal years 2000 through 2003 to develop and 
                improve training programs (including model 
                training programs and curriculum) for security 
                screening personnel at airports that will be 
                used by airlines to meet regulatory 
                requirements relating to the training and 
                testing of such personnel.''.
    (b) 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.

SEC. 104. AIP FORMULA CHANGES.

    (a) Amounts Apportioned to Sponsors.--
            (1) Amounts to be apportioned.--Section 47114(c)(1) 
        is amended--
                    (A) in subparagraph (B) by striking 
                ``$500,000'' and inserting ``$650,000''; and
                    (B) by adding at the end the following:
                    ``(C) Special rule.--In any fiscal year in 
                which the total amount made available under 
                section 48103 is $3,200,000,000 or more--
                            ``(i) the amount to be apportioned 
                        to a sponsor under subparagraph (A) 
                        shall be increased by doubling the 
                        amount that would otherwise be 
                        apportioned;
                            ``(ii) the minimum apportionment to 
                        a sponsor under subparagraph (B) shall 
                        be $1,000,000 rather than $650,000; and
                            ``(iii) the maximum apportionment 
                        to a sponsor under subparagraph (B) 
                        shall be $26,000,000 rather than 
                        $22,000,000.
                    ``(D) New airports.--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) or (C), as appropriate, to the 
                sponsor of such airport.
                    ``(E) Use of previous fiscal year's 
                apportionment.--Notwithstanding subparagraph 
                (A), the Secretary may apportion to an airport 
sponsor in a fiscal year an amount equal to the amount apportioned to 
that sponsor in the previous fiscal year if the Secretary finds that--
                            ``(i) passenger boardings at the 
                        airport fell below 10,000 in the 
                        calendar year used to calculate the 
                        apportionment;
                            ``(ii) the airport had at least 
                        10,000 passenger boardings in the 
                        calendar year prior to the calendar 
                        year used to calculate apportionments 
                        to airport sponsors in a fiscal year; 
                        and
                            ``(iii) the cause of the shortfall 
                        in passenger boardings was a temporary 
                        but significant interruption in service 
                        by an air carrier to that airport due 
                        to an employment action, natural 
                        disaster, or other event unrelated to 
                        the demand for air transportation at 
                        the affected airport.''.
            (2) Conforming amendments.--Section 47114(c)(1) is 
        amended--
                    (A) by striking ``(1)(A) The Secretary'' 
                and inserting the following:
            ``(1) Primary airports.--
                    ``(A) Apportionment.--The Secretary'';
                    (B) in subparagraph (B) by striking ``(B) 
                Not less'' and inserting the following:
                    ``(B) Minimum and maximum apportionments.--
                Not less''; and
                    (C) by aligning the left margin of 
                subparagraph (A) (including clauses (i) through 
                (v)) and subparagraph (B) with subparagraphs 
                (C) and (D) (as added by paragraph (1)(B) of 
                this subsection).
    (b) Cargo Only Airports.--Section 47114(c)(2) is amended--
            (1) in subparagraph (A) by striking ``2.5 percent'' 
        and inserting ``3 percent''; and
            (2) in subparagraph (C) by striking ``Not more 
        than'' and inserting ``In any fiscal year in which the 
        total amount made available under section 48103 is less 
        than $3,200,000,000, not more than''.
    (c) Entitlement for General Aviation Airports.--Section 
47114(d) is amended to read as follows:
    ``(d) Amounts Apportioned for General Aviation Airports.--
            ``(1) Definitions.--In this subsection, the 
        following definitions apply:
                    ``(A) Area.--The term `area' includes land 
                and water.
                    ``(B) Population.--The term `population' 
                means the population stated in the latest 
                decennial census of the United States.
            ``(2) Apportionment.--Except as provided in 
        paragraph (3), 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, and the Virgin Islands.
                    ``(B) Except as provided in paragraph (4), 
                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 
                subparagraph (A) 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 (4), 
                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 
                subparagraph (A) in the proportion that the 
                area of each of those States bears to the total 
                area of all of those States.
            ``(3) Special rule.--In any fiscal year in which 
        the total amount made available under section 48103 is 
        $3,200,000,000 or more, rather than making an 
        apportionment under paragraph (2), 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) $150,000; 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 (4), 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 (4), 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.
            ``(4) Airports in alaska, puerto rico, and 
        hawaii.--An amount apportioned under paragraph (2) or 
        (3) 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.
            ``(5) Use of state highway specifications.--
                    ``(A) In general.--The Secretary may permit 
                the use of State highway specifications for 
                airfield pavement construction using funds made 
                available under this subsection at nonprimary 
                airports with runways of 5,000 feet or shorter 
                serving aircraft that do not exceed 60,000 
                pounds gross weight if the Secretary determines 
                that--
                            ``(i) safety will not be negatively 
                        affected; and
                            ``(ii) the life of the pavement 
                        will not be shorter than it would be if 
                        constructed using Administration 
                        standards.
                    ``(B) Limitation.--An airport may not seek 
                funds under this subchapter for runway 
                rehabilitation or reconstruction of any such 
                airfield pavement constructed using State 
                highway specifications for a period of 10 years 
                after construction is completed unless the 
                Secretary determines that the rehabilitation or 
                reconstruction is required for safety reasons.
            ``(6) Integrated airport system planning.--
        Notwithstanding any other provision of this subsection, 
        funds made available under this subsection may be used 
        for integrated airport system planning that encompasses 
        one or more primary airports.''.
    (d) Supplemental Apportionment for Alaska.--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''; and
                    (B) by striking ``those airports'' and 
                inserting ``airports in Alaska'';
            (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.
            ``(4) Special rule.--In any fiscal year in which 
        the total amount made available under section 48103 is 
        $3,200,000,000 or more, the amount that may be 
        apportioned for airports in Alaska under paragraph (1) 
        shall be increased by doubling the amount that would 
        otherwise be apportioned.''; and
            (5) by indenting paragraph (1) and aligning 
        paragraph (1) (and its subparagraphs) and paragraph (2) 
        with paragraphs (3) and (4) (as added by paragraph (4) 
        of this subsection).
    (e) Grants for Airport Noise Compatibility Planning.--
Section 47117(e)(1)(A) is amended by striking ``31 percent'' 
each place it appears and inserting ``34 percent''.
    (f) Grants for Reliever Airports.--Section 47117(e)(1) is 
amended by adding at the end the following:
            ``(C) In any fiscal year in which the total amount 
        made available under section 48103 is $3,200,000,000 or 
        more, at least \2/3\ of 1 percent for grants to 
        sponsors of reliever airports which have--
                    ``(i) more than 75,000 annual operations;
                    ``(ii) a runway with a minimum usable 
                landing distance of 5,000 feet;
                    ``(iii) a precision instrument landing 
                procedure;
                    ``(iv) a minimum number of aircraft, to be 
                determined by the Secretary, based at the 
                airport; and
                    ``(v) been designated by the Secretary as a 
                reliever airport to an airport with 20,000 
                hours of annual delays in commercial passenger 
                aircraft takeoffs and landings.''.
    (g) 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) In lieu of authorizing a fee under paragraph (1), the 
Secretary may authorize under this section an eligible agency 
to impose a passenger facility fee of $4.00 or $4.50 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) in the case of an airport that has more than 
        .25 percent of the total number of annual boardings in 
        the United States, 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; and
            ``(B) that the project cannot be paid for from 
        funds reasonably expected to be available for the 
        programs referred to in section 48103.''.
    (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 $3.00 for an eligible 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 ``(1) 
        In general.--Subject to paragraph (3), 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 $3.00 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 
                $3.00, 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.'';
            (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.
            ``(3) Special rule for transitioning airports.--
                    ``(A) In general.--Beginning with the 
                fiscal year following the first calendar year 
                in which the sponsor of an airport has more 
                than .25 percent of the total number of 
                boardings in the United States, the sum of the 
amount that would be apportioned under this section after application 
of paragraph (1) in a fiscal year to such sponsor and the projected 
revenues to be derived from the fee in such fiscal year shall not be 
less than the sum of the apportionment to such airport for the 
preceding fiscal year and the revenues derived from such fee in the 
preceding fiscal year.
                    ``(B) Effective period.--Subparagraph (A) 
                shall be in effect for fiscal years 2000 
                through 2003.''; and
            (4) by aligning paragraph (1) of such section (as 
        designated by paragraph (1) of this section) with 
        paragraph (2) of such section (as added by paragraph 
        (3) of this section).

SEC. 106. FUNDING FOR AVIATION PROGRAMS.

    (a) Authorization of Appropriations.--
            (1) Airport and airway trust fund guarantee.--
                    (A) In general.--The total budget resources 
                made available from the Airport and Airway 
                Trust Fund each fiscal year through fiscal year 
                2003 pursuant to sections 48101, 48102, 48103, 
                and 106(k) of title 49, United States Code, 
                shall be equal to the level of receipts plus 
                interest credited to the Airport and Airway 
                Trust Fund for that fiscal year. Such amounts 
                may be used only for aviation investment 
                programs listed in subsection (b).
                    (B) Guarantee.--No funds may be 
                appropriated or limited for aviation investment 
                programs listed in subsection (b) unless the 
                amount described in subparagraph (A) has been 
                provided.
            (2) Additional authorizations of appropriations 
        from the general fund.--In any fiscal year through 
        fiscal year 2003, if the amount described in paragraph 
        (1) is appropriated, there is further authorized to be 
        appropriated from the general fund of the Treasury such 
        sums as may be necessary for the Federal Aviation 
        Administration Operations account.
    (b) Definitions.--In this section, the following 
definitions apply:
            (1) Total budget resources.--The term ``total 
        budget resources'' means the total amount made 
        available from the Airport and Airway Trust Fund for 
        the sum of obligation limitations and budget authority 
        made available for a fiscal year for the following 
        budget accounts that are subject to the obligation 
        limitation on contract authority provided in this Act 
        and for which appropriations are provided pursuant to 
        authorizations contained in this Act:
                    (A) 69-8106-0-7-402 (Grants in Aid for 
                Airports).
                    (B) 69-8107-0-7-402 (Facilities and 
                Equipment).
                    (C) 69-8108-0-7-402 (Research and 
                Development).
                    (D) 69-8104-0-7-402 (Trust Fund Share of 
                Operations).
            (2) Level of receipts plus interest.--The term 
        ``level of receipts plus interest'' means the level of 
        excise taxes and interest credited to the Airport and 
        Airway Trust Fund under section 9502 of the Internal 
        Revenue Code of 1986 for a fiscal year as set forth in 
        the President's budget baseline projection as defined 
        in section 257 of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 (Public Law 99-177) 
        (Treasury identification code 20-8103-0-7-402) for that 
        fiscal year submitted pursuant to section 1105 of title 
        31, United States Code.
    (c) Enforcement of Guarantees.--
            (1) Total airport and airway trust fund funding.--
        It shall not be in order in the House of 
        Representatives or the Senate to consider any bill, 
        joint resolution, amendment, motion, or conference 
        report that would cause total budget resources in a 
        fiscal year for aviation investment programs described 
        in subsection (b) to be less than the amount required 
        by subsection (a)(1)(A) for such fiscal year.
            (2) Capital priority.--It shall not be in order in 
        the House of Representatives or the Senate to consider 
        any bill, joint resolution, amendment, motion, or 
        conference report that provides an appropriation (or 
        any amendment thereto) for any fiscal year through 
        fiscal year 2003 for Research and Development or 
        Operations if the sum of the obligation limitation for 
        Grants-in-Aid for Airports and the appropriation for 
        Facilities and Equipment for such fiscal year is below 
        the sum of the authorized levels for Grants-in-Aid for 
        Airports and for Facilities and Equipment for such 
        fiscal year.
    (d) Conforming Amendment.--Section 48104 is amended--
            (1) by striking ``Except as provided in this 
        section,'' in subsection (a); and
            (2) by striking subsections (b) and (c).

SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING.

    (a) In General.--Chapter 481 is amended by adding at the 
end the following:

``Sec. 48112. 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 amount authorized to be appropriated 
        under section 48101 for such fiscal year; exceeds
            ``(2) the amounts appropriated for programs funded 
        under such section for such fiscal year.
Any contract authority made available by this section shall be 
subject to an obligation limitation.''.
    (b) Conforming Amendment.--The analysis for such chapter is 
amended by adding at the end the following:

``48112. Adjustment to AIP program funding.''.

SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT.

    (a) In General.--Chapter 481 is further amended by adding 
at the end the following:

``Sec. 48113. Reprogramming notification requirement

    ``Before reprogramming any amounts appropriated under 
section 106(k), 48101(a), or 48103, for which notification of 
the Committees on Appropriations of the Senate and the House of 
Representatives is required, the Secretary of Transportation 
shall transmit a written explanation of the proposed 
reprogramming to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives.''.
    (b) Conforming Amendment.--The analysis for chapter 481 is 
amended by adding at the end the following:
``48113. Reprogramming notification requirement.''.

                    Subtitle B--Airport Development

SEC. 121. RUNWAY INCURSION PREVENTION DEVICES AND 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'' the first place it 
appears.
    (b) Maximum Use of Safety Facilities.--Section 47101(f) is 
amended--
            (1) by striking ``and'' at the end of paragraph 
        (9);
            (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 if the airport 
        is located in Alaska''.

SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE LIGHTING 
                    EXTENSIONS.

    Section 47102(3)(B) is 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 that is certified by the 
                        Administrator of the Federal Aviation 
                        Administration;
                            ``(viii) stainless steel adjustable 
                        lighting extensions approved by the 
                        Administrator; and''.

SEC. 123. 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 of the Federal Aviation 
                Administration.''.

SEC. 124. ENHANCED VISION TECHNOLOGIES.

    (a) Study.--The Administrator shall enter into a 
cooperative research and development agreement to study the 
benefits of utilizing enhanced vision technologies to replace, 
enhance, or add to conventional airport approach and runway 
lighting systems.
    (b) Report.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall transmit to 
Congress a progress report on the work accomplished under the 
cooperative agreements detailing the evaluations performed to 
determine the potential of enhanced vision technology to meet 
the operational requirements of the intended application.
    (c) Certification.--Not later than 180 days after the 
conclusion of work under the research agreements, the 
Administrator shall transmit to Congress a report on the 
potential of enhanced vision technology to satisfy the 
operational requirements of the Federal Aviation Administration 
and a schedule for the development of performance standards for 
certification appropriate to the application of the enhanced 
vision technologies. If the Administrator certifies an enhanced 
vision technology as meeting such performance standards, the 
technology shall be treated as a navigation aid or other aid 
for purposes of section 47102(3)(B)(i) of title 49, United 
States Code.

SEC. 125. PUBLIC NOTICE BEFORE WAIVER WITH RESPECT TO LAND.

    (a) Waiver of Grant Assurance.--Section 47107(h) is amended 
to read as follows:
    ``(h) Modifying Assurances and Requiring Compliance With 
Additional Assurances.--
            ``(1) In general.--Subject to paragraph (2), before 
        modifying an assurance required of a person receiving a 
        grant under this subchapter and in effect after 
        December 29, 1987, or to require compliance with an 
        additional assurance from the person, the Secretary of 
        Transportation must--
                    ``(A) publish notice of the proposed 
                modification in the Federal Register; and
                    ``(B) provide an opportunity for comment on 
                the proposal.
            ``(2) Public notice before waiver of aeronautical 
        land-use assurance.--Before modifying an assurance 
        under subsection (c)(2)(B) that requires any property 
        to be used for an aeronautical purpose, the Secretary 
        must provide notice to the public not less than 30 days 
        before making such modification.''.
    (b) Waiver of Condition on Conveyance of Land.--Section 
47125(a) is amended by adding at the end the following: 
``Before waiving a condition that property be used for an 
aeronautical purpose under the preceding sentence, the 
Secretary must provide notice to the public not less than 30 
days before waiving such condition.''.
    (c) Surplus Property.--Section 47151 is amended by adding 
at the end the following:
    ``(d) Waiver of Condition.--Before the Secretary may waive 
any condition imposed on an interest in surplus property 
conveyed under subsection (a) that such interest be used for an 
aeronautical purpose, the Secretary must provide notice to the 
public not less than 30 days before waiving such condition.''.
    (d) Waiver of Certain Term.--Section 47153 is amended by 
adding at the end the following:
    ``(c) Public Notice Before Waiver.--Notwithstanding 
subsections (a) and (b), before the Secretary may waive any 
term imposed under this section that an interest in land be 
used for an aeronautical purpose, the Secretary must provide 
notice to the public not less than 30 days before waiving such 
term.''.
    (e) Limitation.--Nothing in any amendment made by this 
section shall be construed to authorize the Secretary to issue 
a waiver or make a modification referred to in such amendment.

SEC. 126. MATCHING SHARE.

    Section 47109(a) is amended--
            (1) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (4), respectively; and
            (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;''.

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(g) 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 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.''.

SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

    (a) In General.--Section 47118 is amended--
            (1) in subsection (a)--
                    (A) by striking ``12'' and inserting 
                ``15''; and
                    (B) by striking paragraph (2) and inserting 
                the following:
        ``(2) the airport is a military installation with both 
        military and civil aircraft operations.'';
            (2) by striking subsection (c) and inserting the 
        following:
    ``(c) Considerations.--In carrying out this section, the 
Secretary shall consider only current or former military 
airports for designation under this section if a grant under 
section 47117(e)(1)(B) would--
            ``(1) reduce delays at an airport with more than 
        20,000 hours of annual delays in commercial passenger 
        aircraft takeoffs and landings; or
            ``(2) enhance airport and air traffic control 
        system capacity in a metropolitan area or reduce 
        current and projected flight delays.'';
            (3) in subsection (d)--
                    (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:
    ``(g) Designation of General Aviation Airport.--
Notwithstanding any other provision of this section, 1 of the 
airports bearing a designation under subsection (a) may be a 
general aviation airport that was a former military 
installation closed or realigned under a section referred to in 
subsection (a)(1).''.
    (b) Terminal Building Facilities.--Section 47118(e) is 
amended by striking ``$5,000,000'' and inserting 
``$7,000,000''.
    (c) Eligibility of Air Cargo Terminals.--Section 47118(f) 
is amended--
            (1) in subsection heading by striking ``and 
        Hangars'' and inserting ``Hangars, and Air Cargo 
        Terminals'';
            (2) by striking ``$4,000,000'' and inserting 
        ``$7,000,000''; and
            (3) by inserting after ``hangars'' 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 Secretary, 
                that do not qualify for the contract tower 
                program established under subsection (a) and 
                continued under paragraph (1) (in this 
                paragraph referred to as the `Contract Tower 
                Program').
                    ``(B) Program components.--In carrying out 
                the pilot program, the Secretary 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 Secretary; and
                            ``(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 
                        using actual site-specific contract 
                        tower operating costs in any case in 
                        which there is an operating air traffic 
                        control tower, as required for 
                        eligibility under the Contract Tower 
                        Program.
                    ``(C) Priority.--In selecting facilities to 
                participate in the pilot program, the Secretary 
                shall give priority to the following 
                facilities:
                            ``(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 Secretary 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 Secretary determines have a 
                        benefit-to-cost ratio of at least .50.
                            ``(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 
                        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 
                        located at airports with safety or 
                        operational problems related to 
                        topography, weather, runway 
                        configuration, or mix of aircraft.
                            ``(vii) Air traffic control towers 
                        located at an airport at which the 
                        community has been operating the tower 
                        at its own expense.
                    ``(D) Costs exceeding benefits.--If the 
                costs of operating an air traffic tower under 
                the pilot program exceed the benefits, the 
                airport sponsor or State or local government 
                having jurisdiction over the airport shall pay 
                the portion of the costs that exceed such 
                benefit.
                    ``(E) Funding.--Subject to paragraph 
                (4)(D), of the amounts appropriated pursuant to 
                section 106(k), not more than $6,000,000 per 
                fiscal year may be used to carry out this 
                paragraph.
            ``(4) Construction of air traffic control towers.--
                    ``(A) In general.--Notwithstanding any 
                other provision of this subchapter, the 
                Secretary may provide grants under this 
                subchapter to not more than 2 airport sponsors 
                for the construction of a low-level activity 
                visual flight rule (level 1) air traffic 
                control tower, as defined by the Secretary.
                    ``(B) Eligibility.--A sponsor shall be 
                eligible for a grant under this paragraph if--
                            ``(i) the sponsor would otherwise 
                        be eligible to participate in the pilot 
                        program established under paragraph (3) 
                        except for the lack of the air traffic 
                        control tower proposed to be 
                        constructed under this subsection; and
                            ``(ii) the sponsor agrees to fund 
                        not less than 25 percent of the costs 
                        of construction of the air traffic 
                        control tower.
                    ``(C) Project costs.--Grants under this 
                paragraph shall be paid only from amounts 
                apportioned to the sponsor under section 
                47114(c)(1).
                    ``(D) Federal share.--The Federal share of 
                the cost of construction of an air traffic 
                control tower under this paragraph may not 
                exceed $1,100,000.''.

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 20 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 in the most recent calendar 
year for which data is available.
    ``(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;
                    ``(C) flexible non-Federal matching 
                requirements; and
                    ``(D) use of funds apportioned under 
                section 47114 for the payment of principal and 
                interest of terminal development for costs 
                incurred before the date of enactment of this 
                section.''.
    (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. 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. 47136. 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.--
            ``(1) In general.--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(2)).
            ``(2) Shortage of candidates.--If the Secretary 
        receives an insufficient number of applications from 
        public-use airports located in such areas, then the 
        Secretary may consider applications from public-use 
        airports that are not located in such areas.
    ``(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) 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 more 
        than 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, participants in the pilot program 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).
    ``(g) Materials Identifying Best Practices.--The 
Administrator may develop and make available materials 
identifying best practices for carrying out low-emission 
vehicle activities based on the projects carried out under the 
pilot program and other sources.
    ``(h) 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--
            ``(1) an evaluation of the effectiveness of the 
        pilot program;
            ``(2) an identification of other public-use 
        airports that expressed an interest in participating in 
        the pilot program; and
            ``(3) a description of the mechanisms used by the 
        Secretary to ensure that the information and know-how 
        gained by participants in the pilot program is 
        transferred among the participants and to other 
        interested parties, including other public-use 
        airports.
    ``(i) Inherently Low-Emission Vehicle Activity Defined.--In 
this section, the term `inherently low-emission vehicle 
activity' means--
            ``(1) the construction of infrastructure or 
        modifications at public-use airports to enable the 
        delivery of fuel and services necessary for the use of 
        vehicles that are certified as inherently low-emission 
        vehicles under title 40 of the Code of Federal 
        Regulations and that--
                    ``(A) operate exclusively on compressed 
                natural gas, liquefied natural gas, liquefied 
                petroleum gas, electricity, hydrogen, or a 
                blend at least 85 percent of which is methanol;
                    ``(B) are labeled in accordance with 
                section 88.312-93(c) of such title; and
                    ``(C) are located or primarily used at 
                public-use airports;
            ``(2) the construction of infrastructure or 
        modifications at public-use airports to enable the 
        delivery of fuel and services necessary for the use of 
        nonroad vehicles that--
                    ``(A) operate exclusively on compressed 
                natural gas, liquefied natural gas, liquefied 
                petroleum gas, electricity, hydrogen, or a 
                blend at least 85 percent of which is methanol;
                    ``(B) meet or exceed the standards set 
                forth in section 86.1708-99 of such title or 
                the standards set forth in section 89.112(a) of 
                such title, and are in compliance with the 
                requirements of section 89.112(b) of such 
                title; and
                    ``(C) are located or primarily used at 
                public-use airports;
            ``(3) the payment of that portion of the cost of 
        acquiring vehicles described in this subsection that 
        exceeds the cost of acquiring other vehicles or engines 
        that would be used for the same purpose; or
            ``(4) the acquisition of technological capital 
        equipment to enable the delivery of fuel and services 
        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:

``47136. Inherently low-emission airport vehicle pilot program.''.

SEC. 134. AIRPORT SECURITY PROGRAM.

    (a) In General.--Subchapter I of chapter 471 is further 
amended by adding at the end the following:

``Sec. 47137. Airport security program

    ``(a) General Authority.--To improve security at public 
airports in the United States, the Secretary of Transportation 
shall carry out not less than 1 project to test and evaluate 
innovative 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 and 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, 
        testbed 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:

``47137. Airport security program.''.

SEC. 135. TECHNICAL AMENDMENTS.

    (a) Passenger Facility Fee Waiver for Certain Class of 
Carriers.--Section 40117(e)(2) is amended--
            (1) in subparagraph (B) by striking ``and'' at the 
        end; and
            (2) by adding at the end the following:
            ``(D) on flights, including flight segments, 
        between 2 or more points in Hawaii; and
            ``(E) in Alaska aboard an aircraft having a seating 
        capacity of less than 60 passengers.''.
    (b) Passenger Facility Fee Waiver for Certain Class of 
Carriers or for Service to Airports in Isolated Communities.--
Section 40117 is amended--
            (1) in subsection (i)(1) by striking ``and'' at the 
        end;
            (2) in subsection (i)(2)(D) by striking the period 
        at the end and inserting ``; and'';
            (3) by adding at the end of subsection (i) the 
        following:
            ``(3) may permit an eligible agency to request that 
        collection of a passenger facility fee be waived for--
                    ``(A) passengers enplaned by any class of 
                air carrier or foreign air carrier if the 
                number of passengers enplaned by the carriers 
                in the class constitutes not more than one 
                percent of the total number of passengers 
                enplaned annually at the airport at which the 
                fee is imposed; or
                    ``(B) passengers enplaned on a flight to an 
                airport--
                            ``(i) that has fewer than 2,500 
                        passenger boardings each year and 
                        receives scheduled passenger service; 
                        or
                            ``(ii) in a community which has a 
                        population of less than 10,000 and is 
                        not connected by a land highway or 
                        vehicular way to the land-connected 
                        National Highway System within a 
                        State.''; and
            (4) by adding at the end the following:
    ``(j) Limitation on Certain Actions.--A State, political 
subdivision of a State, or authority of a State or political 
subdivision that is not the eligible agency may not tax, 
regulate, or prohibit or otherwise attempt to control in any 
manner, the imposition or collection of a passenger facility 
fee or the use of the revenue from the passenger facility 
fee.''.
    (c) Continuation of Project Funding.--Section 47108 is 
amended by adding at the end the following:
    ``(e) Change in Airport Status.--
            ``(1) Changes to nonprimary airport status.--If the 
        status of a primary airport changes to a nonprimary 
        airport at a time when a development project under a 
        multiyear agreement under subsection (a) is not yet 
        completed, the project shall remain eligible for 
        funding from discretionary funds under section 47115 at 
        the funding level and under the terms provided by the 
        agreement, subject to the availability of funds.
            ``(2) Changes to noncommercial service airport 
        status.--If the status of a commercial service airport 
        changes to a noncommercial service airport at a time 
        when a terminal development project under a phased-
        funding arrangement 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 arrangement subject to 
        the availability of funds.''.
    (d) 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.''.

SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIRPORTS.

    Section 47151 (as amended by section 125(c) of this Act) is 
further amended by adding at the end the following:
    ``(e) 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) (other than real property that is 
subject to section 2687 of title 10, section 201 of the Defense 
Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note), or section 2905 of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note)) for 
use at a public airport.''.

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 on airport property between aeronautical 
        and other transportation modes and systems to serve air 
        transportation passengers and cargo efficiently and 
        effectively and promote economic development;''.
    (b) Airport Development Defined.--Section 47102(3) (as 
amended by section 123(b)) is further amended by adding at the 
end the following:
                    ``(I) constructing, reconstructing, or 
                improving an airport, or purchasing nonrevenue 
                generating capital equipment to be owned by an 
                airport, for the purpose of transferring 
                passengers, cargo, or baggage between the 
                aeronautical and ground transportation modes on 
                airport property.''.

SEC. 138. STATE BLOCK GRANT PROGRAM.

    Section 47128(a) is amended by striking ``8 qualified 
States for fiscal year 1997 and 9 qualified States for each 
fiscal year thereafter'' and insert ``9 qualified States for 
fiscal years 2000 and 2001 and 10 qualified States for each 
fiscal year thereafter''.

SEC. 139. DESIGN-BUILD CONTRACTING.

    (a) Pilot Program.--The Administrator may establish a pilot 
program under which design-build contracts may be used to carry 
out up to 7 projects at airports in the United States with a 
grant awarded under section 47104 of title 49, United States 
Code. A sponsor of an airport may submit an application to the 
Administrator to carry out a project otherwise eligible for 
assistance under chapter 471 of such title under the pilot 
program.
    (b) Use of Design-Build Contracts.--Under the pilot 
program, the Administrator may approve an application of an 
airport sponsor under this section to authorize the airport 
sponsor to award a design-build contract using a selection 
process permitted under applicable State or local law if--
            (1) the Administrator approves the application 
        using criteria established by the Administrator;
            (2) the design-build contract is in a form that is 
        approved by the Administrator;
            (3) the Administrator is satisfied that the 
        contract will be executed pursuant to competitive 
        procedures and contains a schematic design adequate for 
        the Administrator to approve the grant;
            (4) use of a design-build contract will be cost 
        effective and expedite the project;
            (5) the Administrator is satisfied that there will 
        be no conflict of interest; and
            (6) the Administrator is satisfied that the 
        selection process will be as open, fair, and objective 
        as the competitive bid system and that at least 3 or 
        more bids will be submitted for each project under the 
        selection process.
    (c) Reimbursement of Costs.--The Administrator may 
reimburse an airport sponsor for design and construction costs 
incurred before a grant is made pursuant to this section if the 
project is approved by the Administrator in advance and is 
carried out in accordance with all administrative and statutory 
requirements that would have been applicable under chapter 471 
of title 49, United States Code, if the project were carried 
out after a grant agreement had been executed.
    (d) Design-Build Contract Defined.--In this section, the 
term ``design-build contract'' means an agreement that provides 
for both design and construction of a project by a contractor.
    (e) Expiration of Authority.--The authority of the 
Administrator to carry out the pilot program under this section 
shall expire on September 30, 2003.

                       Subtitle C--Miscellaneous

SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS.

    Section 40117(a) is amended to read as follows:
    ``(a) Definitions.--In this section, the following 
definitions apply:
            ``(1) Airport, commercial service airport, and 
        public agency.--The terms `airport', `commercial 
        service airport', and `public agency' have the meaning 
        those terms have under section 47102.
            ``(2) Eligible agency.--The term `eligible agency' 
        means a public agency that controls a commercial 
        service airport.
            ``(3) Eligible airport-related project.--The term 
        `eligible airport-related project' means any of the 
        following projects:
                    ``(A) A project for airport development or 
                airport planning under subchapter I of chapter 
                471.
                    ``(B) A project for terminal development 
                described in section 47110(d).
                    ``(C) A project for airport noise 
                capability planning under section 47505.
                    ``(D) A project to carry out noise 
                compatibility measures eligible for assistance 
                under section 47504, whether or not a program 
                for those measures has been approved under 
                section 47504.
                    ``(E) A project for constructing gates and 
                related areas at which passengers board or exit 
                aircraft. In the case of a project required to 
                enable additional air service by an air carrier 
                with less than 50 percent of the annual 
                passenger boardings at an airport, the project 
                for constructing gates and related areas may 
                include structural foundations and floor 
                systems, exterior building walls and load-
                bearing interior columns or walls, windows, 
                door and roof systems, building utilities 
                (including heating, air conditioning, 
                ventilation, plumbing, and electrical service), 
                and aircraft fueling facilities adjacent to the 
                gate.
            ``(4) Passenger facility fee.--The term `passenger 
        facility fee' means a fee imposed under this section.
            ``(5) Passenger facility revenue.--The term 
        `passenger facility revenue' means revenue derived from 
        a passenger facility fee.''.

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) Nonprimary Commercial Service Airports.--Section 47119 
is amended by adding at the end the following:
    ``(d) Determination of Passenger Boarding at Commercial 
Service Airports.--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. 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 2000 
        through 2002''; and
            (2) by inserting ``under new or existing 
        contracts'' after ``including acquisition''.

SEC. 154. 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 Secretary 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. 155. COMPETITION PLANS.

    (a) Findings.--The Congress makes the following findings:
            (1) Major airports must be available on a 
        reasonable basis to all air carriers wishing to serve 
        those airports.
            (2) 15 large hub airports today are each dominated 
        by one air carrier, with each such carrier controlling 
        more than 50 percent of the traffic at the hub.
            (3) The General Accounting Office has found that 
        such levels of concentration lead to higher air fares.
            (4) The United States Government must take every 
        step necessary to reduce those levels of concentration.
            (5) Consistent with air safety, spending at these 
        airports must be directed at providing opportunities 
        for carriers wishing to serve such facilities on a 
        commercially viable basis.
    (b) 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 one or two air carriers 
                control more than 50 percent of the passenger 
                boardings.''.
    (c) Cross Reference.--Section 40117 (as amended by section 
135(b) of this Act) is further amended by adding at the end the 
following:
    ``(k) Competition Plans.--
            ``(1) In general.--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.
            ``(2) Secretary shall ensure implementation and 
        compliance.--The Secretary shall review any plan 
        submitted under paragraph (1) to ensure that it meets 
        the requirements of this section, and shall review its 
        implementation from time to time to ensure that each 
        covered airport successfully implements its plan.''.
    (d) Availability of Gates and Other Essential Services.--
The Secretary shall ensure that gates and other facilities are 
made available at costs that are fair and reasonable to air 
carriers at covered airports (as defined in section 47106(f)(4) 
of title 49, United States Code) where a ``majority-in-interest 
clause'' of a contract or other agreement or arrangement 
inhibits the ability ofthe local airport authority to provide 
or build new gates or other facilities.

SEC. 156. ALASKA RURAL AVIATION IMPROVEMENT.

    (a) Application of FAA Regulations.--Section 40113 is 
amended by adding at the end the following:
    ``(f) Application of Certain Regulations to Alaska.--In 
amending title 14, Code of Federal Regulations, in a manner 
affecting intrastate aviation in Alaska, the Administrator of 
the Federal Aviation Administration shall consider the extent 
to which Alaska is not served by transportation modes other 
than aviation, and shall establish such regulatory distinctions 
as the Administrator considers appropriate.''.
    (b) Mike-in-Hand Weather Observation.--The Administrator 
and the Assistant Administrator of the National Weather 
Service, in consultation with the National Transportation 
Safety Board and the Governor of the State of Alaska, shall 
continue efforts to develop and implement a ``mike-in-hand'' 
weather observation program in Alaska under which Federal 
Aviation Administration employees, National Weather Service 
employees, other Federal or State employees sited at an 
airport, or persons contracted specifically for such purpose 
(including part-time contract employees who are not sited at 
such airport), will provide near-real time aviation weather 
information via radio and otherwise to pilots who request such 
information.

SEC. 157. 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 
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, together with 
recommendations concerning the use of recycled materials in 
aviation pavement.
    (d) Funding.--Of the amounts appropriated pursuant to 
section 106(k) of title 49, United States Code, not to exceed 
$1,500,000 may be used to carry out this section.

SEC. 158. CONSTRUCTION OF RUNWAYS.

    Notwithstanding any provision of law that specifically 
restricts the number of runways at a single international 
airport, the Secretary 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. 159. NOTICE OF GRANTS.

    (a) Timely Announcement.--The Secretary shall announce a 
grant to be made with funds made available under section 48103 
of title 49, United States Code, in a timely fashion after 
receiving necessary documentation concerning the grant from the 
Administrator.
    (b) Notice to Committees.--If the Secretary provides any 
committee of Congress advance notice of a grant to be made with 
funds made available under section 48103 of title 49, United 
States Code, the Secretary shall provide, on the same date, 
such notice to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.

SEC. 160. AIRFIELD PAVEMENT CONDITIONS.

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

SEC. 161. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCEMENTS.

    Not later than 9 months after the date of enactment of this 
Act, the Secretary 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 on efforts by the Federal Aviation 
Administration to implement capacity enhancements and 
improvements, both technical and procedural, such as precision 
runway monitoring systems, and the timeframe for implementation 
of such enhancements and improvements.

SEC. 162. PRIORITIZATION OF DISCRETIONARY PROJECTS.

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

SEC. 163. CONTINUATION OF REPORTS.

    Section 3003(a)(1) of the Federal Reports Elimination and 
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any 
report required to be submitted under any of the following 
provisions of law:
            (1) Section 44501 of title 49, United States Code.
            (2) Section 47103 of such title.
            (3) Section 47131 of such title.

                 TITLE II--AIRLINE SERVICE IMPROVEMENTS

                     Subtitle A--Small Communities

SEC. 201. 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. 202. WAIVER OF LOCAL CONTRIBUTION.

    Section 41736(b) is amended by inserting after paragraph 
(4) the following:

``Paragraph (4) does not apply to any community approved for 
service under this section during the period beginning October 
1, 1991, and ending December 31, 1997.''.

SEC. 203. IMPROVED AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING 
                    SUFFICIENT SERVICE.

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

``Sec. 41743. Airports not receiving sufficient service

    ``(a) Small Community Air Service Development Pilot 
Program.--The Secretary of Transportation shall establish a 
pilot program that meets the requirements of this section for 
improving air carrier service to airports not receiving 
sufficient air carrier service.
    ``(b) Application Required.--In order to participate in the 
program established under subsection (a), a community or 
consortium of communities shall submit an application to the 
Secretary in such form, at such time, and containing such 
information as the Secretary may require, including--
            ``(1) an assessment of the need of the community or 
        consortium for access, or improved access, to the 
        national air transportation system; and
            ``(2) an analysis of the application of the 
        criteria in subsection (c) to that community or 
        consortium.
    ``(c) Criteria for Participation.--In selecting 
communities, or consortia of communities, for participation in 
the program established under subsection (a), the Secretary 
shall apply the following criteria:
            ``(1) Size.--For calendar year 1997, the airport 
        serving the community or consortium was not larger than 
        a small hub airport (as that term is defined in section 
        41731(a)(5)), and--
                    ``(A) had insufficient air carrier service; 
                or
                    ``(B) had unreasonably high air fares.
            ``(2) Characteristics.--The airport presents 
        characteristics, such as geographic diversity or unique 
        circumstances, that will demonstrate the need for, and 
        feasibility of, the program established under 
        subsection (a).
            ``(3) State limit.--No more than 4 communities or 
        consortia of communities, or a combination thereof, may 
        be located in the same State.
            ``(4) Overall limit.--No more than 40 communities 
        or consortia of communities, or a combination thereof, 
        may be selected to participate in the program.
            ``(5) Priorities.--The Secretary shall give 
        priority to communities or consortia of communities 
        where--
                    ``(A) air fares are higher than the average 
                air fares for all communities;
                    ``(B) the community or consortium will 
                provide a portion of the cost of the activity 
                to be assisted under the program from local 
                sources other than airport revenues;
                    ``(C) the community or consortium has 
                established, or will establish, a public-
                private partnership to facilitate air carrier 
                service to the public; and
                    ``(D) the assistance will provide material 
                benefits to a broad segment of the travelling 
                public, including business, educational 
                institutions, and other enterprises, whose 
                access to the national air transportation 
                system is limited.
    ``(d) Types of Assistance.--The Secretary 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 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.
    ``(e) Authority To Make Agreements.--
            ``(1) In general.--The Secretary may make 
        agreements to provide assistance under this section.
            ``(2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary 
        $20,000,000 for fiscal year 2001 and $27,500,000 for 
        each of fiscal years 2002 and 2003 to carry out this 
        section. Such sums shall remain available until 
        expended.
    ``(f) Additional Action.--Under the pilot program 
established under subsection (a), the Secretary shall work with 
air carriers providing service to participating communities and 
major air carriers (as defined in section 41716(a)(2)) serving 
large hub airports (as defined in section 41731(a)(3)) to 
facilitate joint-fare arrangements consistent with normal 
industry practice.
    ``(g) Designation of Responsible Official.--The Secretary 
shall designate an employee of the Department of 
Transportation--
            ``(1) to function as a facilitator between small 
        communities and air carriers;
            ``(2) to carry out this section;
            ``(3) to ensure that the Bureau of Transportation 
        Statistics collects data on passenger information to 
        assess the service needs of small communities;
            ``(4) to work with and coordinate efforts with 
        other Federal, State, and local agencies to increase 
        the viability of service to small communities and the 
        creation of aviation development zones; and
            ``(5) to provide policy recommendations to the 
        Secretary and Congress that will ensure that small 
        communities have access to quality, affordable air 
        transportation services.
    ``(h) Air Service Development Zone.--The Secretary shall 
designate an airport in the program as an Air Service 
Development Zone and work with the community or consortium on 
means to attract business to the area surrounding the airport, 
to develop land use options for the area, and provide data, 
working with the Department of Commerce and other agencies.''.
    (b) Conforming Amendment.--The analysis for subchapter II 
of chapter 417 is amended by adding at the end the following:

  ``41743. Airports not receiving sufficient service.''.

SEC. 204. PRESERVATION OF ESSENTIAL AIR SERVICE AT SINGLE CARRIER 
                    DOMINATED HUB AIRPORTS.

    (a) In General.--Subchapter II of chapter 417 (as amended 
by section 203 of this Act) is further amended by adding at the 
end the following:

``Sec. 41744. Preservation of basic essential air service at single 
                    carrier dominated hub airports

    ``(a) In General.--If the Secretary of Transportation 
determines that extraordinary circumstances jeopardize the 
reliable performance of essential air service under this 
subchapter from a subsidized essential air service community to 
and from an essential airport facility, the Secretary may 
require an air carrier that has more than 60 percent of the 
total annual enplanements at the essential airport facility to 
take action to enable another air carrier to provide reliable 
essential air service to that community. Actions required by 
the Secretary under this subsection may include interline 
agreements, ground services, subleasing of gates, and the 
provision of any other service or facility necessary for the 
performance of satisfactory essential air service to that 
community.
    ``(b) Essential Airport Facility Defined.--In this section, 
the term `essential airport facility' means a large hub airport 
(as defined in section 41731) in the contiguous 48 States at 
which 1 air carrier has more than 60 percent of the total 
annual enplanements at that airport.''.
    (b) Conforming Amendment.--The analysis for subchapter II 
of chapter 417 is further amended by adding at the end the 
following:

``41744. Preservation of basic essential air service at single carrier 
          dominated hub airports.''.

SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.

    The Secretary may provide assistance under subchapter II of 
chapter 417 of title 49, United States Code, with respect to a 
place that 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.

SEC. 206. REPORT ON ESSENTIAL AIR SERVICE.

    (a) In General.--The Secretary shall conduct an analysis of 
the difficulties faced by many smaller communities in retaining 
essential air service and shall develop a plan to facilitate 
the retention of such service.
    (b) Examination of North Dakota Communities.--In conducting 
the analysis and developing the plan under subsection (a), the 
Secretary shall pay particular attention to communities located 
in North Dakota.
    (c) Report.--Not later than 60 days after the date of 
enactment of this section, the Secretary shall transmit to 
Congress a report containing the analysis and plan described in 
subsection (a).

SEC. 207. MARKETING PRACTICES.

    (a) Review of Marketing Practices That Adversely Affect 
Service to Small or Medium Communities.--Not later than 180 
days after the date of enactment of this Act, the Secretary 
shall review the marketing practices of air carriers that may 
inhibit the availability of quality, affordable air 
transportation services to small- and medium-sized communities, 
including--
            (1) marketing arrangements between airlines and 
        travel agents;
            (2) code-sharing partnerships;
            (3) computer reservation system displays;
            (4) gate arrangements at airports;
            (5) exclusive dealing arrangements; and
            (6) any other marketing practice that may have the 
        same effect.
    (b) Regulations.--If the Secretary finds, after conducting 
the review, that marketing practices inhibit the availability 
of affordable air transportation services to small- and medium-
sized communities, then, after public notice and an opportunity 
for comment, the Secretary may issue regulations that address 
the problem or take other appropriate action.
    (c) Statutory Construction.--Nothing in this section 
expands the authority or jurisdiction of the Secretary to issue 
regulations under chapter 417 of title 49, United States Code, 
or under any other law.

SEC. 208. DEFINITION OF ELIGIBLE PLACE.

    Section 41731(a)(1) is amended--
            (1) by inserting ``(i)'' after ``(A)'';
            (2) by striking ``(B)'' and inserting ``(ii)'';
            (3) by striking ``(C)'' and inserting ``(iii)'';
            (4) by striking ``subchapter.'' and inserting 
        ``subchapter; or''; and
            (5) by adding at the end the following:
                    ``(B) determined, on or after October 1, 
                1988, and before the date of enactment of the 
                Wendell H. Ford Aviation Investment and Reform 
                Act for the 21st Century, under this subchapter 
                by the Secretary to be eligible to receive 
                subsidized small community air service under 
                section 41736(a).''.

SEC. 209. MAINTAINING THE INTEGRITY OF THE ESSENTIAL AIR SERVICE 
                    PROGRAM.

    (a) Authorization of Appropriation.--Section 41742(a) is 
amended--
            (1) by striking ``Out of'' and inserting the 
        following:
            ``(1) Authorization.--Out of'';
            (2) by adding at the end the following:
            ``(2) Additional funds.--In addition to amounts 
        authorized under paragraph (1), there is authorized to 
        be appropriated $15,000,000 for each fiscal year to 
        carry out the essential air service program under this 
        subchapter.''; and
            (3) by aligning paragraph (1) (as designated by 
        paragraph (1) of this subsection) with paragraph (2) 
        (as added by paragraph (2) of this subsection).
    (b) Limitation on Adjustments to Levels of Service.--
Section 41733(e) is amended by striking the period at the end 
and inserting ``, to the extent such adjustments are to a level 
not less than the basic essential air service level established 
under subsection (a) for the airport that serves the 
community.''.
    (c) Effect on Certain Orders.--All orders issued by the 
Secretary after September 30, 1999, and before the date of 
enactment of this Act establishing, modifying, or revoking 
essential air service levels shall be null and void beginning 
on the 90th day following such date of enactment. During the 
90-day period, the Secretary shall reconsider such orders and 
shall issue new orders consistent with the amendments made by 
this section.

SEC. 210. REGIONAL JET SERVICE FOR SMALL COMMUNITIES.

    (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 and section 
41766, the Secretary of Transportation may enter into 
agreements with one 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, subject to 
                appropriations, may establish fees at a level 
                sufficient to cover all or a portion of the 
                administrative 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, subject to 
        appropriations, may establish fees at a level 
        sufficient to cover all or a portion of the 
        administrative 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 one 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 one 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, subject to 
                appropriations, may establish fees at a level 
                sufficient to cover all of a portion of the 
                administrative 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 toprovide 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, United States Code.

``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 2003, 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.''.

                  Subtitle B--Airline Customer Service

SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.

    Section 41712 is amended--
            (1) by inserting ``(a) In General.--'' before 
        ``On''; and
            (2) by adding at the end the following:
    ``(b) E-Ticket Expiration Notice.--It shall be an unfair or 
deceptive practice under subsection (a) for any air carrier, 
foreign air carrier, or ticket agent utilizing electronically 
transmitted tickets for air transportation to fail to notify 
the purchaser of such a ticket of its expiration date, if 
any.''.

SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER 
                    PROTECTION LAWS.

    (a) In General.--Section 46301(a) is amended by adding at 
the end the following:
            ``(7) Consumer protection.--Notwithstanding 
        paragraphs (1) and (4), the maximum civil penalty for 
        violating section 40127 or 41712 (including a 
        regulation prescribed or order issued under such 
        section) or any other regulation prescribed by the 
        Secretary that is intended to afford consumer 
        protection to commercial air transportation passengers, 
        shall be $2,500 for each violation.''.
    (b) Technical Amendment.--Paragraph (6) of section 46301(a) 
is amended--
            (1) by inserting ``Air service termination 
        notice.--'' before ``Notwithstanding''; and
            (2) by aligning the left margin of such paragraph 
        with paragraph (5) of such section.

SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER PROTECTIONS.

    There are authorized to be appropriated to the Secretary 
for the purpose of ensuring compliance with, and enforcing, the 
rights of air travelers under sections 40127, 41705, and 41712 
of title 49, United States Code--
            (1) $2,300,000 for fiscal year 2000;
            (2) $2,415,000 for fiscal year 2001;
            (3) $2,535,750 for fiscal year 2002; and
            (4) $2,662,500 for fiscal year 2003.

SEC. 224. AIRLINE CUSTOMER SERVICE REPORTS.

    (a) Secretary To Report Plans Received.--Not later than 
September 15, 1999, each air carrier that provides scheduled 
passenger air transportation and that is a member of the Air 
Transport Association, all of which have entered into the 
voluntary customer service commitments established by the 
Association on June 17, 1999 (in this section referred to as 
the ``Airline Customer Service Commitment''), shall provide a 
copy of its individual customer service plan to the Secretary. 
Upon receipt of each individual plan, the Secretary 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 notice of receipt of the plan, together with a 
copy of the plan.
    (b) Implementation.--The Inspector General of the 
Department of Transportation shall monitor the implementation 
of any plan submitted by an air carrier to the Secretary under 
subsection (a) and evaluate the extent to which the carrier has 
met its commitments under its plan. The carrier shall provide 
such information to the Inspector General as may be necessary 
for the Inspector General to prepare the report required by 
subsection (c).
    (c) Reports to Congress.--
            (1) Interim report.--
                    (A) In general.--Not later than June 15, 
                2000, the Inspector General 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 Inspector General's findings under 
                subsection (b).
                    (B) Contents.--The report shall include a 
                status report on completion, publication, and 
                implementation of the Airline Customer Service 
                Commitment and the individual air carrier's 
                plans to carry it out. The report shall also 
                include a review of whether each air carrier 
                described in subsection (a) has modified its 
                contract of carriage or conditions of contract 
                to reflect each item of the Airline Customer 
                Service Commitment.
            (2) Final report; recommendations.--
                    (A) In general.--Not later than December 
                31, 2000, the Inspector General 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 final report onthe 
effectiveness of the Airline Customer Service Commitment and the 
individual air carrier plans to carry it out, including recommendations 
for improving accountability, enforcement, and consumer protections 
afforded to commercial air passengers.
                    (B) Specific content.--In the final report 
                under subparagraph (A), the Inspector General 
                shall include the following:
                            (i) An evaluation of each carrier's 
                        plan as to whether it is consistent 
                        with the voluntary commitments 
                        established by the Air Transport 
                        Association in the Airline Customer 
                        Service Commitment.
                            (ii) An evaluation of each carrier 
                        as to the extent to which, and the 
                        manner in which, it has performed in 
                        carrying out its plan.
                            (iii) A description, by air 
                        carrier, of how the air carrier has 
                        implemented each commitment covered by 
                        its plan.
                            (iv) An analysis, by air carrier, 
                        of the methods of meeting each such 
                        commitment and, in such analysis, 
                        provide information that allows 
                        consumers to make decisions on the 
                        quality of air transportation provided 
                        by such carriers.
                            (v) A comparison of each air 
                        carrier's plan and the implementation 
                        of that plan with the customer service 
                        provided by a representative sampling 
                        of other air carriers providing 
                        scheduled passenger air transportation 
                        with aircraft similar in size to the 
                        aircraft used by the carrier that 
                        submitted a plan so as to allow 
                        consumers to make decisions as to the 
                        relative quality of air transportation 
                        provided by each group of carriers. In 
                        making this comparison, the Inspector 
                        General shall give due regard to the 
                        differences in the fares charged and 
                        the size of the air carriers being 
                        compared.

SEC. 225. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE.

    Not later than 30 days after the date of enactment of this 
Act, the Secretary shall initiate a rulemaking to increase the 
domestic baggage liability limit in part 254 of title 14, Code 
of Federal Regulations.

SEC. 226. COMPTROLLER GENERAL INVESTIGATION.

    (a) Study.--The Comptroller General shall conduct a study 
on the potential effects on aviation consumers, including the 
impact on fares and service to small communities, of a 
requirement that air carriers permit a ticketed passenger to 
use any portion of a multiple-stop or round-trip air fare for 
transportation independent of any other portion without 
penalty.
    (b) Report.--Not later than June 15, 2000, the Comptroller 
General 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 on the results of the study.

SEC. 227. AIRLINE SERVICE QUALITY PERFORMANCE REPORTS.

    (a) Modification of Reports.--In consultation with the task 
force to be established under subsection (b), the Secretary 
shall modify the regulations in part 234 of title 14, Code of 
Federal Regulations, relating to airline service quality 
performance reports, to disclose more fully to the public the 
nature and source of delays and cancellations experienced by 
air travelers.
    (b) Task Force.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a task 
force including officials of the Federal Aviation 
Administration and representatives of airline consumers and air 
carriers to develop alternatives and criteria for the 
modifications to be made under subsection (a).
    (c) Use of Categories.--In making modifications under 
subsection (a), the Secretary shall--
            (1) establish categories that reflect the reasons 
        for delays and cancellations experienced by air 
        travelers;
            (2) require air carriers to use such categories in 
        submitting information to be included in airline 
        service quality performance reports; and
            (3) use such categories in reports of the 
        Department of Transportation on information received in 
        airline service quality performance reports.

SEC. 228. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE 
                    IN THE AIRLINE INDUSTRY.

    (a) Establishment.--There is established a commission to be 
known as the ``National Commission to Ensure Consumer 
Information and Choice in the Airline Industry'' (in this 
section referred to as the ``Commission'').
    (b) Duties.--
            (1) Study.--The Commission shall undertake a study 
        of--
                    (A) whether the financial condition of 
                travel agents is declining and, if so, the 
                effect that this will have on consumers; and
                    (B) whether there are impediments to 
                information regarding the services and products 
                offered by the airline industry and, if so, the 
                effects of those impediments on travel agents, 
                Internet-based distributors, and consumers.
            (2) Small travel agents.--In conducting the study, 
        the Commission shall pay special attention to the 
        condition of travel agencies with $1,000,000 or less in 
        annual revenues.
    (c) Recommendations.--Based on the results of the study 
under subsection (b), the Commission shall make such 
recommendations as it considers necessary to improve the 
condition of travel agents, especially travel agents described 
in subsection (b)(2), and to improve consumer access to travel 
information.
    (d) Membership.--
            (1) Appointment.--The Commission shall be composed 
        of 9 members as follows:
                    (A) 3 members appointed by the Secretary.
                    (B) 2 members appointed by the Speaker of 
                the House of Representatives.
                    (C) 1 member appointed by the minority 
                leader of the House of Representatives.
                    (D) 2 members appointed by the majority 
                leader of the Senate.
                    (E) 1 member appointed by the minority 
                leader of the Senate.
            (2) Qualifications.--Of the members appointed by 
        the Secretary under paragraph (1)(A)--
                    (A) 1 member shall be a representative of 
                the travel agent industry;
                    (B) 1 member shall be a representative of 
                the airline industry; and
                    (C) 1 member shall be an individual who is 
                not a representative of either of the 
                industries referred to in subparagraphs (A) and 
                (B).
            (3) Terms.--Members shall be appointed for the life 
        of the Commission.
            (4) Vacancies.--A vacancy in the Commission shall 
        be filled in the manner in which the original 
        appointment was made.
            (5) Travel expenses.--Members shall serve without 
        pay but shall receive travel expenses, including per 
        diem in lieu of subsistence, in accordance with 
        subchapter I of chapter 57 of title 5, United States 
        Code.
            (6) Chairperson.--The member appointed by the 
        Secretary of Transportation under paragraph (2)(C) 
        shall serve as the Chairperson of the Commission 
        (referred to in this section as the ``Chairperson'').
    (e) Commission Panels.--The Chairperson shall establish 
such panels consisting of members of the Commission as the 
Chairperson determines appropriate to carry out the functions 
of the Commission.
    (f) Staff.--The Commission may appoint and fix the pay of 
such personnel as it considers appropriate.
    (g) Staff of Federal Agencies.--Upon request of the 
Commission, the head of any department or agency of the United 
States may detail, on a reimbursable basis, any of the 
personnel of that department or agency to the Commission to 
assist it in carrying out its duties under this section.
    (h) Other Staff and Support.--Upon the request of the 
Commission, or a panel of the Commission, the Secretary of 
Transportation shall provide the Commission or panel with 
professional and administrative staff and other support, on a 
reimbursable basis, to assist the Commission or panel in 
carrying out its responsibilities.
    (i) Obtaining Official Data.--The Commission may secure 
directly from any department or agency of the United States 
information (other than information required by any statute of 
the United States to be kept confidential by such department or 
agency) necessary for the Commission to carry out its duties 
under this section. Upon request of the Commission, the head of 
that department or agency shall furnish such nonconfidential 
information to the Commission.
    (j) Report.--Not later than 6 months after the date on 
which initial appointments of members to the Commission are 
completed, the Commission shall transmit to the President and 
Congress a report on the activities of the Commission, 
including recommendations made by the Commission under 
subsection (c).
    (k) Termination.--The Commission shall terminate on the 
30th day following the date of transmittal of the report under 
subsection (j).
    (l) Applicability of the Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Commission.

                        Subtitle C--Competition

SEC. 231. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.

    (a) Rules That Apply to All Slot Exemption Requests.--
            (1) Prompt consideration of requests.--Section 
        41714(i) is amended to read as follows:
    ``(i) 60-Day Application Process.--
            ``(1) Request for slot exemptions.--Any slot 
        exemption request filed with the Secretary under this 
        section or section 41716 or 41717 (other than 
        subsection (c)) shall include--
                    ``(A) the names of the airports to be 
                served;
                    ``(B) the times requested; and
                    ``(C) such additional information as the 
                Secretary may require.
            ``(2) Action on request; failure to act.--Within 60 
        days after a slot exemption request under this section 
        or section 41716 or 41717 (other than subsection (c)) 
        is received by the Secretary, the Secretary shall--
                    ``(A) approve the request if the Secretary 
                determines that the requirements of the section 
                under which the request is made are met;
                    ``(B) return the request to the applicant 
                for additional information relating to the 
                request to provide air transportation; or
                    ``(C) deny the request and state the 
                reasons for its denial.
            ``(3) 60-day period tolled for timely request for 
        more information.--If the Secretary returns under 
        paragraph (2)(B) the request for additional information 
        during the first 20 days after the request is filed, 
        then the 60-day period under paragraph (2) shall be 
        tolled until the date on which the additional 
        information is filed with the Secretary.
            ``(4) Failure to determine deemed approval.--If the 
        Secretary neither approves the request under paragraph 
        (2)(A) nor denies the request under paragraph (2)(C) 
        within the 60-day period beginning on the date the 
        request is received, excepting any days during which 
        the 60-day period is tolled under paragraph (3), then 
        the request is deemed to have been approved on the 61st 
        day, after the request was filed with the Secretary.''.
            (2) Exemptions may not be transferred.--Section 
        41714 is further amended by adding at the end the 
        following:
    ``(j) Exemptions May Not Be Transferred.--No exemption from 
the requirements of subparts K and S of part 93 of title 14, 
Code of Federal Regulations, granted under this section or 
section 41716, 41717, or 41718 may be bought, sold, leased, or 
otherwise transferred by the carrier to which it is granted.''.
            (3) Equal treatment of affiliated carriers.--
        Section 41714 (as amended by paragraph (2) of this 
        subsection) is further amended by adding at the end the 
        following:
    ``(k) Affiliated Carriers.--For purposes of this section 
and sections 41716, 41717, and 41718, an air carrier that 
operates under the same designator code, or has or enters into 
a code-share agreement, with any other air carrier shall not 
qualify for a new slot or slot exemption as a new entrant or 
limited incumbent air carrier at an airport if the total number 
of slots and slot exemptions held by the 2 carriers at the 
airport exceed 20 slots and slot exemptions.''.
            (4) New entrant slots.--Section 41714(c) is 
        amended--
                    (A) by striking the subsection designation 
                and heading and ``(1) In general.--If the 
                Secretary'' and inserting the following:
    ``(c) Slots for New Entrants.--If the Secretary'';
                    (B) by striking ``and the circumstances to 
                be exceptional''; and
                    (C) by striking paragraph (2).
            (5) Definitions.--Section 41714(h) is amended--
                    (A) by striking ``and section 41734(h)'' 
                and inserting ``and sections 41715-41718 and 
                41734(h)'';
                    (B) in paragraph (3) by striking ``as 
                defined'' and all that follows through 
                ``Federal Regulations''; and
                    (C) by adding at the end the following:
            ``(5) Limited incumbent air carrier.--The term 
        `limited incumbent air carrier' has the meaning given 
        that term in subpart S of part 93 of title 14, Code of 
        Federal Regulations; except that--
                    ``(A) `20' shall be substituted for `12' in 
                sections 93.213(a)(5), 93.223(c)(3), and 
                93.225(h);
                    ``(B) for purposes of such sections, the 
                term `slot' shall include `slot exemptions'; 
                and
                    ``(C) for Ronald Reagan Washington National 
                Airport, the Administrator shall not count, for 
                the purposes of section 93.213(a)(5), slots 
                currently held by an air carrier but leased out 
                on a long-term basis by that carrier for use in 
                foreign air transportation and renounced by the 
                carrier for return to the Department of 
                Transportation or the Federal Aviation 
                Administration.
            ``(6) Regional jet.--The term `regional jet' means 
        a passenger, turbofan-powered aircraft with a 
        certificated maximum passenger seating capacity of less 
        than 71.
            ``(7) Nonhub airport.--The term `nonhub airport' 
        means an airport that had less than .05 percent of the 
        total annual boardings in the United States as 
        determined under the Federal Aviation Administration's 
        Primary Airport Enplanement Activity Summary for 
        Calendar Year 1997.
            ``(8) Small hub airport.--The term `small hub 
        airport' means an airport that had at least .05 
        percent, but less than .25 percent, of the total annual 
        boardings in the United States as determined under the 
        summary referred to in paragraph (7).
            ``(9) Medium hub airport.--The term `medium hub 
        airport' means an airport that each year has at least 
        .25 percent, but less than 1.0 percent, of the total 
        annual boardings in the United States as determined 
        under the summary referred to in paragraph (7).''.
    (b) Phase-out of Slot Rules.--Chapter 417 is amended--
            (1) by redesignating sections 41715 and 41716 as 
        sections 41719 and 41720; and
            (2) by inserting after section 41714 the following:

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

    ``(a) Termination.--The rules contained in subparts S and K 
of part 93, title 14, Code of Federal Regulations, shall not 
apply--
            ``(1) after July 1, 2002, at Chicago O'Hare 
        International Airport; and
            ``(2) after January 1, 2007, at LaGuardia Airport 
        or John F. Kennedy International Airport.
    ``(b) Statutory Construction.--Nothing in this section and 
sections 41714 and 41716-41718 shall be construed--
            ``(1) as affecting the Federal Aviation 
        Administration's authority for safety and the movement 
        of air traffic; and
            ``(2) as affecting any other authority of the 
        Secretary to grant exemptions under section 41714.
    ``(c) Factors To Consider.--
            ``(1) In general.--Before the award of slot 
        exemptions under sections 41714 and 41716-41718, the 
        Secretary of Transportation may consider, among other 
        determining factors, whether the petitioning air 
        carrier's proposal provides the maximum benefit to the 
        United States economy, including thenumber of United 
States jobs created by the air carrier, its suppliers, and related 
activities. The Secretary should give equal consideration to the 
consumer benefits associated with the award of such exemptions.
            ``(2) Applicability.--Paragraph (1) does not apply 
        in any case in which the air carrier requesting the 
        slot exemption is proposing to use under the exemption 
        a type of aircraft for which there is not a competing 
        United States manufacturer.''.
    (c) Special Rules Affecting LaGuardia Airport and John F. 
Kennedy International Airport.--Chapter 417 (as amended by 
subsection (b) of this section) is amended by inserting after 
section 41715 the following:

``Sec. 41716. Interim slot rules at New York airports

    ``(a) Exemptions for Air Service to Small and Nonhub 
Airports.--Subject to section 41714(i), the Secretary of 
Transportation shall grant, by order, 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 any air carrier to provide nonstop air 
transportation, using an aircraft with a certificated maximum 
seating capacity of less than 71, between LaGuardia Airport or 
John F. Kennedy International Airport and a small hub airport 
or nonhub airport--
             ``(1) if the air carrier was not providing such 
        air transportation during the week of November 1, 1999;
            ``(2) if the number of flights to be provided 
        between such airports by the air carrier during any 
        week will exceed the number of flights provided by the 
        air carrier between such airports during the week of 
        November 1, 1999; or
            ``(3) if the air transportation to be provided 
        under the exemption will be provided with a regional 
        jet as replacement of turboprop air transportation that 
        was being provided during the week of November 1, 1999.
    ``(b) Exemptions for New Entrant and Limited Incumbent Air 
Carriers.--Subject to section 41714(i), the Secretary shall 
grant, by order, 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 
any new entrant air carrier or limited incumbent air carrier to 
provide air transportation to or from LaGuardia Airport or John 
F. Kennedy International Airport if the number of slot 
exemptions granted under this subsection to such air carrier 
with respect to such airport when added to the slots and slot 
exemptions held by such air carrier with respect to such 
airport does not exceed 20.
    ``(c) Stage 3 Aircraft Required.--An exemption may not be 
granted under this section with respect to any aircraft that is 
not a Stage 3 aircraft (as defined by the Secretary).
    ``(d) Preservation of Certain Existing Slot-Related Air 
Service.--An air carrier that provides air transportation of 
passengers from LaGuardia Airport or John F. Kennedy 
International Airport to a small hub airport or nonhub airport, 
or to an airport that is smaller than a nonhub airport, on or 
before the date of enactment of this subsection pursuant to an 
exemption from the requirements of subparts K and S of part 93 
of title 14, Code of Federal Regulations (pertaining to slots 
at high density airports), or where slots were issued to an air 
carrier conditioned on a specific airport being served, may not 
terminate air transportation for that route before July 1, 
2003, unless--
            ``(1) before October 1, 1999, the Secretary 
        received a written air service termination notice for 
        that route; or
            ``(2) after September 30, 1999, the air carrier 
        submits an air service termination notice under section 
        41719 for that route and the Secretary determines that 
        the carrier suffered excessive losses, including 
        substantial losses on operations on that route during 
        any 3 quarters of the year immediately preceding the 
        date of submission of the notice.''.
    (d) Special Rules Affecting Chicago O'Hare International 
Airport.--
            (1) Nonstop regional jet, new entrants, and limited 
        incumbents.--Chapter 417 (as amended by subsection (c) 
        of this section) is further amended by inserting after 
        section 41716 the following:

``Sec. 41717. Interim application of slot rules at Chicago O'Hare 
                    International Airport

    ``(a) Slot Operating Window Narrowed.--Effective July 1, 
2001, the requirements of subparts K and S of part 93 of title 
14, Code of Federal Regulations, do not apply with respect to 
aircraft operating before 2:45 post meridiem and after 8:14 
post meridiem at Chicago O'Hare International Airport.
    ``(b) Exemptions for Air Service to Small and Nonhub 
Airports.--Effective May 1, 2000, subject to section 41714(i), 
the Secretary of Transportation shall grant, by order, 
exemptions from the requirements of subparts K and S of part 93 
of title 14, Code of FederalRegulations (pertaining to slots at 
high density airports), to any air carrier to provide nonstop air 
transportation, using an aircraft with a certificated maximum seating 
capacity of less than 71, between Chicago O'Hare International Airport 
and a small hub or nonhub airport--
             ``(1) if the air carrier was not providing such 
        air transportation during the week of November 1, 1999;
            ``(2) if the number of flights to be provided 
        between such airports by the air carrier during any 
        week will exceed the number of flights provided by the 
        air carrier between such airports during the week of 
        November 1, 1999; or
            ``(3) if the air transportation to be provided 
        under the exemption will be provided with a regional 
        jet as replacement of turboprop air transportation that 
        was being provided during the week of November 1, 1999.
    ``(c) Exemptions for New Entrant and Limited Incumbent Air 
Carriers.--
            ``(1) In general.--The Secretary shall grant, by 
        order, 30 exemptions from the requirements under 
        subparts K and S of part 93 of title 14, Code of 
        Federal Regulations, to any new entrant air carrier or 
        limited incumbent air carrier to provide air 
        transportation to or from Chicago O'Hare International 
        Airport.
            ``(2) Deadline for granting exemptions.--The 
        Secretary shall grant an exemption under paragraph (1) 
        within 45 days of the date of the request for such 
        exemption if the person making the request qualifies as 
        a new entrant air carrier or limited incumbent air 
        carrier.
    ``(d) Slots Used To Provide Turboprop Service.--
            ``(1) In general.--Except as provided in paragraph 
        (2), a slot used to provide turboprop air 
        transportation that is replaced with regional jet air 
        transportation under subsection (b)(3) may not be used, 
        sold, leased, or otherwise transferred after the date 
        the slot exemption is granted to replace the turboprop 
        air transportation.
            ``(2) Two-for-one exception.--An air carrier that 
        otherwise could not use 2 slots as a result of 
        paragraph (1) may use 1 of such slots to provide air 
        transportation.
            ``(3) Withdrawal of slot.--If the Secretary 
        determines that an air carrier that is using a slot 
        under paragraph (2) is no longer providing the air 
        transportation that replaced the turboprop air 
        transportation, the Secretary shall withdraw the slot 
        that is being used under paragraph (2).
            ``(4) Continuation.--If the Secretary determines 
        that an air carrier that is using a slot under 
        paragraph (2) is no longer providing the air 
        transportation that replaced the turboprop air 
        transportation with a regional jet, the Secretary shall 
        withdraw the slot being used by the air carrier under 
        paragraph (2) but shall allow the air carrier to 
        continue to hold the exemption granted to the air 
        carrier under subsection (b)(3).
    ``(e) International Service at O'Hare Airport.--
            ``(1) Termination of requirements.--Subject to 
        paragraph (2), the requirements of subparts K and S of 
        part 93 of title 14, Code of Federal Regulations, shall 
        be of no force and effect at Chicago O'Hare 
        International Airport after May 1, 2000, with respect 
        to any aircraft providing foreign air transportation.
            ``(2) Exception relating to reciprocity.--The 
        Secretary may limit access to Chicago O'Hare 
        International Airport with respect to foreign air 
        transportation being provided by a foreign air carrier 
        domiciled in a country to which an air carrier provides 
        nonstop air transportation from the United States if 
        the country in which that carrier is domiciled does not 
        provide reciprocal airport access for air carriers.
    ``(f) Stage 3 Aircraft Required.--An exemption may not be 
granted under this section with respect to any aircraft that is 
not a Stage 3 aircraft (as defined by the Secretary).
    ``(g) Preservation of Certain Existing Slot-Related Air 
Service.--An air carrier that provides air transportation of 
passengers from Chicago O'Hare International Airport to a small 
hub airport or nonhub airport, or to an airport that is smaller 
than a nonhub airport, on or before the date of enactment of 
this subsection pursuant to an exemption from the requirements 
of subparts K and S of part 93 of title 14, Code of Federal 
Regulations (pertaining to slots at high density airports), or 
where slots were issued to an air carrier conditioned on a 
specific airport being served, may not terminate air 
transportation service for that route for a period of 1 year 
after the date on which those requirements cease to apply to 
such airport unless--
            ``(1) before October 1, 1999, the Secretary 
        received a written air service termination notice for 
        that route; or
            ``(2) after September 30, 1999, the air carrier 
        submits an air service termination notice under section 
        41719 for that route and the Secretary determines that 
        the carrier suffered excessive losses, including 
        substantial losses on operations on that route during 
        the calendar quarters immediately preceding submission 
        of the notice.''.
            (2) Elimination of basic essential air service 
        exemption limit.--Section 41714(a)(3) is amended by 
        striking ``; except that'' and all that follows through 
        ``132 slots''.
            (3) Prohibition of slot withdrawals.--Section 
        41714(b)(2) is amended--
                    (A) by inserting ``at Chicago O'Hare 
                International Airport'' after ``a slot''; and
                    (B) by striking ``if the withdrawal'' and 
                all that follows through ``1993''.
            (4) Conversions.--Section 41714(b)(4) is amended to 
        read as follows:
            ``(4) Conversions of slots.--Effective May 1, 2000, 
        slots at Chicago O'Hare International Airport allocated 
        to an air carrier as of November 1, 1999, to provide 
        foreign air transportation shall be made available to 
        such carrier to provide interstate or intrastate air 
        transportation.''.
            (5) Return of withdrawn slots.--The Secretary shall 
        return any slot withdrawn from an air carrier under 
        section 41714(b) of title 49, United States Code, 
        before the date of enactment of this Act, to that 
        carrier on April 30, 2000.
    (e) Special Rules Affecting Reagan Washington National 
Airport.--
            (1) In general.--Chapter 417 (as amended by 
        subsection (d) of this section) is further amended by 
        inserting after section 41717 the following:

``Sec. 41718. Special rules for Ronald Reagan Washington National 
                    Airport

    ``(a) Beyond-Perimeter Exemptions.--The Secretary shall 
grant, by order, 12 exemptions from the application of sections 
49104(a)(5), 49109, 49111(e), and 41714 of this title to air 
carriers to operate limited frequencies and aircraft on select 
routes between Ronald Reagan Washington National Airport and 
domestic hub airports and exemptions from the requirements of 
subparts K and S of part 93, Code of Federal Regulations, if 
the Secretary finds that the exemptions will--
            ``(1) provide air transportation with domestic 
        network benefits in areas beyond the perimeter 
        described in that section;
            ``(2) increase competition by new entrant air 
        carriers or in multiple markets;
            ``(3) not reduce travel options for communities 
        served by small hub airports and medium hub airports 
        within the perimeter described in section 49109; and
            ``(4) not result in meaningfully increased travel 
        delays.
    ``(b) Within-Perimeter Exemptions.--The Secretary shall 
grant, by order, 12 exemptions from the requirements of 
sections 49104(a)(5), 49111(e), and 41714 of this title and 
subparts K and S of part 93 of title 14, Code of Federal 
Regulations, to air carriers for providing air transportation 
to airports that were designated as medium hub or smaller 
airports within the perimeter established for civil aircraft 
operations at Ronald Reagan Washington National Airport under 
section 49109. The Secretary shall develop criteria for 
distributing slot exemptions for flights within the perimeter 
to such airports under this paragraph in a manner that promotes 
air transportation--
            ``(1) by new entrant air carriers and limited 
        incumbent air carriers;
            ``(2) to communities without existing nonstop air 
        transportation to Ronald Reagan Washington National 
        Airport;
            ``(3) to small communities;
            ``(4) that will provide competitive nonstop air 
        transportation on a monopoly nonstop route to Ronald 
        Reagan Washington National Airport; or
            ``(5) that will produce the maximum competitive 
        benefits, including low fares.
    ``(c) Limitations.--
            ``(1) Stage 3 aircraft required.--An exemption may 
        not be granted under this section with respect to any 
        aircraft that is not a Stage 3 aircraft (as defined by 
        the Secretary).
            ``(2) General exemptions.--The exemptions granted 
        under subsections (a) and (b) may not be for operations 
        between the hours of 10:00 p.m. and 7:00 a.m. and may 
        not increase the number of operations at Ronald Reagan 
        Washington National Airport in any 1-hour period during 
        the hours between 7:00 a.m. and 9:59 p.m. by more than 
        2 operations.
            ``(3) Allocation of within-perimeter exemptions.--
        Of the exemptions granted under subsection (b)--
                    ``(A) 4 shall be for air transportation to 
                small hub airports and nonhub airports; and
                    ``(B) 8 shall be for air transportation to 
                medium hub and smaller airports.
            ``(4) Applicability to exemption 5133.--Nothing in 
        this section affects Exemption No. 5133, as from time-
        to-time amended and extended.
    ``(d) Application Process.--
            ``(1) Deadline for submission.--All requests for 
        exemptions under this section must be submitted to the 
        Secretary not later than the 30th day following the 
        date of enactment of this subsection.
            ``(2) Deadline for comments.--All comments with 
        respect to any request for an exemption under this 
        section must be submitted to the Secretary not later 
        than the 45th day following the date of enactment of 
        this subsection.
            ``(3) Deadline for final decision.--Not later than 
        the 90th day following the date of enactment of this 
        Act, the Secretary shall make a decision regarding 
        whether to approve or deny any request that is 
        submitted to the Secretary in accordance with paragraph 
        (1).
    ``(e) Applicability of Certain Laws.--Neither the request 
for, nor the granting of an exemption, under this section shall 
be considered for purposes of any Federal law a major Federal 
action significantly affecting the quality of the human 
environment.''.
            (2) Override of mwaa restriction.--Section 
        49104(a)(5) is amended by adding at the end thereof the 
        following:
            ``(D) Subparagraph (C) does not apply to any 
        increase in the number of instrument flight rule 
        takeoffs and landings necessary to implement exemptions 
        granted by the Secretary under section 41718.''.
            (3) MWAA noise-related grant assurances.--
                    (A) In general.--In addition to any 
                condition for approval of an airport 
                development project that is the subject of a 
                grant application submitted to the Secretary 
                under chapter 471 of title 49, United States 
                Code, by the Metropolitan Washington Airports 
                Authority, the Authority shall be required to 
                submit a written assurance that, for each such 
                grant made for use at Ronald Reagan Washington 
                National Airport for fiscal year 2000 or any 
                subsequent fiscal year--
                            (i) the Authority will make 
                        available for that fiscal year funds 
                        for noise compatibility planning and 
                        programs that are eligible to receive 
                        funding under such chapter in an amount 
                        not less than 10 percent of the amount 
                        apportioned to the Ronald Reagan 
                        Washington National Airport under 
                        section 47114 of such title for that 
                        fiscal year; and
                            (ii) the Authority will not divert 
                        funds from a high priority safety 
                        project in order to make funds 
                        available for noise compatibility 
                        planning and programs.
                    (B) Waiver.--The Secretary may waive the 
                requirements of subparagraph (A) for any fiscal 
                year for which the Secretary determines that 
                the Authority is in compliance with applicable 
                airport noise compatibility planning and 
                program requirements under part 150 of title 
                14, Code of Federal Regulations.
                    (C) Sunset.--This paragraph shall cease to 
                be in effect 5 years after the date of 
                enactment of this Act if on that date the 
                Secretary certifies that the Authority has 
                achieved compliance with applicable noise 
                compatibility planning and program requirements 
                under part 150 of title 14, Code of Federal 
                Regulations.
            (4) Report.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary shall certify 
        to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, the Governments of Maryland, Virginia, 
        and West Virginia, and the metropolitan planning 
        organization for Washington, DC, that noise standards, 
        air traffic congestion, airport-related vehicular 
        congestion, safety standards, and adequate air service 
        to communities served by small hub airports and medium 
        hub airports within the perimeter described in section 
        49109 of title 49, United States Code, have been 
        maintained at appropriate levels.
    (f) Noise Compatibility Planning and Programs.--Section 
47117(e) is amended by adding at the end the following:
            ``(3) Priority.--The Secretary shall give priority 
        in making grants under paragraph (1)(A) to applications 
        for airport noise compatibility planning and programs 
        at and around--
                    ``(A) Chicago O'Hare International Airport;
                    ``(B) LaGuardia Airport;
                    ``(C) John F. Kennedy International 
                Airport; and
                    ``(D) Ronald Reagan Washington National 
                Airport.''.
    (g) Study of Community Noise Levels Around High Density 
Airports.--The Secretary shall study community noise levels in 
the areas surrounding the 4 high-density airports in fiscal 
year 2001 and compare those levels with the levels in such 
areas before 1991.
    (h) Extension of Application Approvals.--Section 49108 is 
amended by striking ``2001'' and inserting ``2004''.
    (i) 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).
    (j) Conforming Amendments.--
            (1) Operation limitations.--Section 49111 is 
        amended by striking subsection (e).
            (2) Chapter analysis.--The analysis for subchapter 
        I of chapter 417 is amended--
                    (A) redesignating the items relating to 
                sections 41715 and 41716 as items relating to 
                sections 41719 and 41720, respectively; and
                    (B) by inserting after the item relating to 
                section 41714 the following:

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

                    TITLE III--FAA MANAGEMENT REFORM

SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

    Section 40102(a) is amended by adding at the end the 
following:
            ``(42) `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.

    (a) Aviation Management Advisory Council.--
            (1) Membership.--Section 106(p)(2) is amended--
                    (A) by striking ``and'' at the end of 
                subparagraph (B); and
                    (B) by striking subparagraph (C) and 
                inserting the following:
                    ``(C) 10 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;
                    ``(D) 1 member appointed, from among 
                individuals who are the leaders of their 
                respective unions of air traffic control system 
                employees, 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; and
                    ``(E) 5 members appointed by the Secretary 
                after consultation with the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Commerce, Science, and Transportation of the 
                Senate.''.
            (2) Qualifications.--Section 106(p)(3) is amended--
                    (A) by inserting ``(A) No federal officer 
                or employee.--'' before ``No member'';
                    (B) by inserting ``or (2)(E)'' after 
                ``paragraph (2)(C)'';
                    (C) by adding at the end the following:
                    ``(B) Air traffic services subcommittee.--
                Members appointed under paragraph (2)(E) 
                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 one 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 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).
                    ``(C) Prohibitions on members of 
                subcommittee.--No member appointed under 
                paragraph (2)(E) may--
                            ``(i) have a pecuniary interest in, 
                        or own stock in or bonds of, an 
                        aviation or aeronautical enterprise, 
                        except an interest in a diversified 
                        mutual fund or an interest that is 
                        exempt from the application of section 
                        208 of title 18;
                            ``(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.''; and
                    (D) by indenting subparagraph (A) (as 
                designated by subparagraph (A) of this 
                paragraph) and aligning it with subparagraph 
                (B) of such section (as added by subparagraph 
                (C) of this paragraph).
    (b) Terms of Members.--Section 106(p)(6) is amended--
            (1) by redesignating subparagraphs (B), (C), and 
        (D) as subparagraphs (J), (K), and (L), respectively; 
        and
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Terms of members appointed under 
                paragraph (2)(c).--Members of the Council 
                appointed under paragraph (2)(C) shall be 
                appointed for a term of 3 years. Of the members 
                first appointed by the President under 
                paragraph (2)(C)--
                            ``(i) 3 shall be appointed for 
                        terms of 1 year;
                            ``(ii) 4 shall be appointed for 
                        terms of 2 years; and
                            ``(iii) 3 shall be appointed for 
                        terms of 3 years.
                    ``(B) Term for air traffic control 
                representative.--The member appointed under 
                paragraph (2)(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 
                (2)(D).
                    ``(C) Terms for air traffic services 
                subcommittee members.--The member appointed 
                under paragraph (2)(E) shall be appointed for a 
                term of 5 years, except that of the members 
                first appointed under paragraph (2)(E)--
                            ``(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) 1 member shall be appointed 
                        for a term of 5 years.
                    ``(D) Reappointment.--An individual may not 
                be appointed under paragraph (2)(E) to more 
                than 2 5-year terms.
                    ``(E) Vacancy.--Any vacancy on the Council 
                shall be filled in the same manner as the 
                original appointment, except that any vacancy 
                caused by a member appointed by the President 
                under paragraph (2)(C)(i) shall be filled by 
                the Secretary in accordance with paragraph 
                (2)(C)(ii). 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.
                    ``(F) Continuation in office.--A member 
                whose term expires shall continue to serve 
                until the date on which the member's successor 
                takes office.
                    ``(G) Removal.--Any member of the Council 
                appointed under paragraph (2)(D) may be removed 
                for cause by the President or Secretary whoever 
                makes the appointment. Any member of the 
                Council appointed under paragraph (2)(E) may be 
                removed for cause by the Secretary.
                    ``(H) Claims against members of 
                subcommittee.--
                            ``(i) In general.--A member 
                        appointed under paragraph (2)(E) 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 Air 
                        Traffic Services Subcommittee.
                            ``(ii) Effect on other law.--This 
                        subparagraph shall not be construed--
                                    ``(I) to affect any other 
                                immunity or protection that may 
                                be available to a member of the 
                                Subcommittee 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.
                    ``(I) Ethical considerations.--
                            ``(i) Financial disclosure.--During 
                        the entire period that an individual 
                        appointed under paragraph (2)(E) is a 
                        member of the Subcommittee, 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.
                            ``(ii) Restrictions on post-
                        employment.--For purposes of section 
                        207(c) of title 18, an individual 
                        appointed under paragraph (2)(E) 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 
                        Subcommittee; except that subsections 
                        (c)(2)(B) and (f) of section 207 of 
                        such title shall not apply.''.
    (c) Air Traffic Services Subcommittee.--Section 106(p) is 
amended by adding at the end the following:
            ``(7) Air traffic services subcommittee.--
                    ``(A) In general.--The Management Advisory 
                Council shall have an air traffic services 
                subcommittee (in this paragraph referred to as 
                the `Subcommittee') composed of the 5 members 
                appointed under paragraph (2)(E).
                    ``(B) General responsibilities.--
                            ``(i) Oversight.--The Subcommittee 
                        shall oversee the administration, 
                        management, conduct, direction, and 
                        supervision of the air traffic control 
                        system.
                            ``(ii) Confidentiality.--The 
                        Subcommittee shall ensure that 
                        appropriate confidentiality is 
                        maintained in the exercise of its 
                        duties.
                    ``(C) Specific responsibilities.--The 
                Subcommittee shall have the following specific 
                responsibilities:
                            ``(i) Strategic plans.--To review, 
                        approve, and monitor the strategic plan 
                        for the air traffic control system, 
                        including the establishment of--
                                    ``(I) a mission and 
                                objectives;
                                    ``(II) standards of 
                                performance relative to such 
                                mission and objectives, 
                                including safety, efficiency, 
                                and productivity; and
                                    ``(III) annual and long-
                                range strategic plans.
                            ``(ii) Modernization and 
                        improvement.--To review and approve--
                                    ``(I) methods to accelerate 
                                air traffic control 
                                modernization and improvements 
                                in aviation safety related to 
                                air traffic control; and
                                    ``(II) procurements of air 
                                traffic control equipment in 
                                excess of $100,000,000.
                            ``(iii) Operational plans.--To 
                        review the operational functions of the 
                        air traffic control system, including--
                                    ``(I) plans for 
                                modernization of the air 
                                traffic control system;
                                    ``(II) plans for increasing 
                                productivity or implementing 
                                cost-saving measures; and
                                    ``(III) plans for training 
                                and education.
                            ``(iv) Management.--To--
                                    ``(I) review and approve 
                                the Administrator's appointment 
                                of a Chief Operating Officer 
                                under section 106(r);
                                    ``(II) review the 
                                Administrator's selection, 
                                evaluation, and compensation of 
                                senior executives of the 
                                Administration who have program 
                                management responsibility over 
                                significant functions of the 
                                air traffic control system;
                                    ``(III) review and approve 
                                the Administrator's plans for 
                                any major reorganization of the 
                                Administration that would 
                                impact on the management of the 
                                air traffic control system;
                                    ``(IV) 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
                                    ``(V) review the 
                                performance and compensation of 
                                managers responsible for major 
                                acquisition projects, including 
                                the ability of the managers to 
                                meet schedule and budget 
                                targets.
                            ``(v) Budget.--To--
                                    ``(I) review and approve 
                                the budget request of the 
                                Administration related to the 
                                air traffic control system 
                                prepared by the Administrator;
                                    ``(II) submit such budget 
                                request to the Secretary; and
                                    ``(III) ensure that the 
                                budget request supports the 
                                annual and long-range strategic 
                                plans.
                The Secretary shall submit the budget request 
                referred to in clause (v)(II) for any fiscal 
                year to the President who shall transmit 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.
                    ``(D) Subcommittee personnel matters.--
                            ``(i) Compensation of members.--
                        Each member of the Subcommittee shall 
                        be compensated at a rate of $25,000 per 
                        year.
                            ``(ii) Compensation of 
                        chairperson.--Notwithstanding clause 
                        (i), the chairperson of the 
                        Subcommittee shall be compensated at a 
                        rate of $40,000 per year.
                            ``(iii) Staff.--The chairperson of 
                        the Subcommittee may appoint and 
                        terminate any personnel that may be 
                        necessary to enable the Subcommittee to 
                        perform its duties.
                            ``(iv) Procurement of temporary and 
                        intermittent services.--The chairperson 
                        of the Subcommittee may procure 
                        temporary and intermittent services 
                        under section 3109(b) of title 5.
                    ``(E) Administrative matters.--
                            ``(i) Term of chair.--The members 
                        of the Subcommittee shall elect for a 
                        2-year term a chairperson from among 
                        the members of the Subcommittee.
                            ``(ii) Powers of chair.--Except as 
                        otherwise provided by a majority vote 
                        of the Subcommittee, 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.
                            ``(iii) Meetings.--The Subcommittee 
                        shall meet at least quarterly and at 
                        such other times as the chairperson 
                        determines appropriate.
                            ``(iv) Quorum.--Three members of 
                        the Subcommittee shall constitute a 
                        quorum. A majority of members present 
                        and voting shall be required for the 
                        Subcommittee to take action.
                    ``(F) Reports.--
                            ``(i) Annual.--The Subcommittee 
                        shall each year report with respect to 
                        the conduct of its responsibilities 
                        under this title to the Administrator, 
                        the Council, the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives, and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate.
                            ``(ii) Additional report.--If a 
                        determination by the Subcommittee under 
                        subparagraph (B)(i) that the 
                        organization and operation of the air 
                        traffic control system are not allowing 
                        the Administration to carry out its 
                        mission, the Subcommittee shall report 
                        such determination to the 
                        Administrator, the Council, the 
                        Committee on Transportation and 
                        Infrastructure of the House of 
                        Representatives, and the Committee on 
                        Commerce, Science, and Transportation 
                        of the Senate.
                            ``(iii) Action of administrator on 
                        report.--Not later than 60 days after 
                        the date of a report of the 
                        Subcommittee under this subparagraph, 
                        the Administrator shall take action 
                        with respect to such report. If the 
                        Administrator overturns a 
                        recommendation of the Subcommittee, the 
                        Administrator 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.
                            ``(iv) Comptroller general's 
                        report.--Not later than April 30, 2003, 
                        the Comptroller General of the United 
                        States shall transmit to the Committee 
                        on Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee onCommerce, Science, and 
Transportation of the Senate a report on the success of the 
Subcommittee in improving the performance of the air traffic control 
system.
            ``(8) Air traffic control system defined.--In this 
        section, the term `air traffic control system' has the 
        meaning such term has under section 40102(a).''.
    (d) 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 services 
        subcommittee.--The Secretary shall make the initial 
        appointments of the Air Traffic Services Subcommittee 
        of the Aviation Management Advisory Council not later 
        than 3 months after the date of enactment of this Act.
            (3) Effect on actions prior to appointment of 
        subcommittee.--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 Services 
        Subcommittee.

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 the approval of the Air Traffic Services 
                Subcommittee of the Aviation Management 
                Advisory Council. The Chief Operating Officer 
                shall report directly to the Administrator and 
                shall be subject to the authority of the 
                Administrator.
                    ``(B) Qualifications.--The Chief Operating 
                Officer shall have a demonstrated ability in 
                management and knowledge of or experience in 
                aviation.
                    ``(C) Term.--The Chief Operating Officer 
                shall be appointed for a term of 5 years.
                    ``(D) Removal.--The Chief Operating Officer 
                shall serve at the pleasure of the 
                Administrator, except that the Administrator 
                shall make every effort to ensure stability and 
                continuity in the leadership of the air traffic 
                control system.
                    ``(E) 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) Compensation.--
                    ``(A) In general.--The Chief Operating 
                Officer shall be paid at an annual rate of 
                basic pay equal to the annual rate of basic pay 
                of the Administrator. The Chief Operating 
                Officer shall be subject to the post-employment 
                provisions of section 207 of title 18 as if 
                this position were described in section 
                207(c)(2)(A)(i) of that title.
                    ``(B) Bonus.--In addition to the annual 
                rate of basic pay authorized by subparagraph 
                (A), the Chief Operating Officer may receive a 
                bonus for any calendar year not to exceed 30 
                percent of the annual rate of basic pay, based 
                upon the Administrator's evaluation of the 
                Chief Operating Officer's performance in 
                relation to the performance goals set forth in 
                the performance agreement described paragraph 
                (3).
            ``(3) Annual performance agreement.--The 
        Administrator and the Chief Operating Officer, in 
        consultation with the Air Traffic Control Subcommittee 
        of the Aviation Management Advisory Committee, 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.
            ``(4) Annual performance report.--The Chief 
        Operating Officer shall prepare and transmit to the 
        Secretary of Transportation and Congress an annual 
        management report containing such information as may be 
        prescribed by the Secretary.
            ``(5) Responsibilities.--The Administrator may 
        delegate to the Chief Operating Officer, or any other 
        authority within the Administration responsibilities, 
        including the following:
                    ``(A) Strategic plans.--To develop a 
                strategic plan of the Administration for the 
                air traffic control system, including the 
                establishment of--
                            ``(i) a mission and objectives;
                            ``(ii) standards of performance 
                        relative to such mission and 
                        objectives, including safety, 
                        efficiency, and productivity; and
                            ``(iii) annual and long-range 
                        strategic plans.
                            ``(iv) methods of the 
                        Administration to accelerate air 
                        traffic control modernization and 
                        improvements in aviation safety related 
                        to air traffic control.
                    ``(B) Operations.--To review the 
                operational functions of the Administration, 
                including--
                            ``(i) modernization of the air 
                        traffic control system;
                            ``(ii) increasing productivity or 
                        implementing cost-saving measures; and
                            ``(iii) training and education.
                    ``(C) Budget.--To--
                            ``(i) develop a budget request of 
                        the Administration related to the air 
                        traffic control system prepared by the 
                        Administrator;
                            ``(ii) submit such budget request 
                        to the Administrator and the Secretary 
                        of Transportation; and
                            ``(iii) ensure that the budget 
                        request supports the annual and long-
                        range strategic plans developed under 
                        subparagraph (A) of this subsection.''.

SEC. 304. PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC 
                    MODERNIZATION PROJECTS.

    (a) Purpose.--It is the purpose of this section to improve 
aviation safety and enhance mobility of the Nation's air 
transportation system by encouraging non-Federal investment on 
a pilot program basis in critical air traffic control 
facilities and equipment.
    (b) In General.--Subject to the requirements of this 
section, the Secretary shall carry out a pilot program under 
which the Secretary may make grants to project sponsors for not 
more than 10 eligible projects.
    (c) Federal Share.--The Federal share of the cost of an 
eligible project carried out under the program shall not exceed 
33 percent. The non-Federal share of the cost of an eligible 
project shall be provided from non-Federal sources, including 
revenues collected pursuant to section 40117 of title 49, 
United States Code.
    (d) Limitation on Grant Amounts.--No eligible project may 
receive more than $15,000,000 under the program.
    (e) Funding.--The Secretary shall use amounts appropriated 
under section 48101(a) of title 49, United States Code, for 
fiscal years 2001 through 2003 to carry out the program.
    (f) Definitions.--In this section, the following 
definitions apply:
            (1) Eligible project.--The term ``eligible 
        project'' means a project relating to the Nation's air 
        traffic control system that is certified or approved by 
        the Administrator and that promotes safety, efficiency, 
        or mobility. Such projects may include--
                    (A) airport-specific air traffic facilities 
                and equipment, including local area 
                augmentation systems, instrument landings 
                systems, weather and wind shear detection 
                equipment, lighting improvements, and control 
                towers;
                    (B) automation tools to effect improvements 
                in airport capacity, including passive final 
                approach spacing tools and traffic management 
                advisory equipment; and
                    (C) facilities and equipment that enhance 
                airspace control procedures, including 
                consolidation of terminal radar control 
                facilities and equipment, or assist in en route 
                surveillance, including oceanic and offshore 
                flight tracking.
            (2) Project sponsor.--The term ``project sponsor'' 
        means a public-use airport or a joint venture between a 
        public-use airport and 1 or more air carriers.
    (g) Transfers of Equipment.--Notwithstanding any other 
provision of law, project sponsors may transfer, without 
consideration, to the Federal Aviation Administration, 
facilities, equipment, and automation tools, the purchase of 
which was assisted by a grant made under this section. The 
Administration shall accept such facilities, equipment, and 
automation tools, which shall thereafter be operated and 
maintained by the Administration in accordance with criteria of 
the Administration.
    (h) Guidelines.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall issue advisory 
guidelines on the implementation of the program.

SEC. 305. 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 
        ``Wendell H. Ford 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. 306. FAILURE TO MEET RULEMAKING DEADLINE.

    Section 106(f)(3)(A) is amended by adding at the end the 
following: ``On February 1 and August 1 of each year the 
Administrator shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a letter listing each deadline the Administrator missed 
under this subparagraph during the 6-month period ending on 
such date, 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. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.

    (a) Personnel management system.--Section 40122 is amended 
by adding at the end the following:
    ``(g) Personnel Management System.--
            ``(1) In general.--In consultation with the 
        employees of the Administration and such non-
        governmental experts in personnel management systems as 
        he may employ, and notwithstanding the provisions of 
        title 5 and other Federal personnel laws, the 
        Administrator shall develop and implement, not later 
        than January 1, 1996, a personnel management system for 
        the Administration that addresses the unique demands on 
        the agency's workforce. Such a new system shall, at a 
        minimum, provide for greater flexibility in the hiring, 
        training, compensation, and location of personnel.
            ``(2) Applicability of title 5.--The provisions of 
        title 5 shall not apply to the new personnel management 
        system developed and implemented pursuant to paragraph 
        (1), with the exception of--
                    ``(A) section 2302(b), relating to 
                whistleblower protection, including the 
                provisions for investigation and enforcement as 
                provided in chapter 12 of title 5;
                    ``(B) sections 3308-3320, relating to 
                veterans' preference;
                    ``(C) chapter 71, relating to labor-
                management relations;
                    ``(D) section 7204, relating to 
                antidiscrimination;
                    ``(E) chapter 73, relating to suitability, 
                security, and conduct;
                    ``(F) chapter 81, relating to compensation 
                for work injury;
                    ``(G) chapters 83-85, 87, and 89, relating 
                to retirement, unemployment compensation, and 
                insurance coverage; and
                    ``(H) sections 1204, 1211-1218, 1221, and 
                7701-7703, relating to the Merit Systems 
                Protection Board.
            ``(3) Appeals to merit systems protection board.--
        Under the new personnel management system developed and 
        implemented under paragraph (1), an employee of the 
        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.
            ``(4) Effective date.--This subsection shall take 
        effect on April 1, 1996.''.
    (b) Acquisition Management System.--Section 40110 is 
amended by adding at the end the following:
    ``(d) Acquisition Management System.--
            ``(1) In general.--In consultation with such non-
        governmental experts in acquisition management systems 
        as the Administrator may employ, and notwithstanding 
        provisions of Federal acquisition law, the 
        Administrator shall develop and implement, not later 
        than January 1, 1996, an acquisition management system 
        for the Administration that addresses the unique needs 
        of the agency and, at a minimum, provides for more 
        timely and cost-effective acquisitions of equipment and 
        materials.
            ``(2) Applicability of federal acquisition law.--
        The following provisions of Federal acquisition law 
        shall not apply to the new acquisition management 
        system developed and implemented pursuant to paragraph 
        (1):
                    ``(A) Title III of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 
                252-266).
                    ``(B) The Office of Federal Procurement 
                Policy Act (41 U.S.C. 401 et seq.).
                    ``(C) The Federal Acquisition Streamlining 
                Act of 1994 (Public Law 103-355).
                    ``(D) The Small Business Act (15 U.S.C. 631 
                et seq.), except that all reasonable 
                opportunities to be awarded contracts shall be 
                provided to small business concerns and small 
                business concerns owned and controlled by 
                socially and economically disadvantaged 
                individuals.
                    ``(E) The Competition in Contracting Act.
                    ``(F) Subchapter V of chapter 35 of title 
                31, relating to the procurement protest system.
                    ``(G) The Brooks Automatic Data Processing 
                Act (40 U.S.C. 759).
                    ``(H) The Federal Acquisition Regulation 
                and any laws not listed in subparagraphs (A) 
                through (G) providing authority to promulgate 
                regulations in the Federal Acquisition 
                Regulation.
            ``(3) Certain provisions of the office of federal 
        procurement policy act.--Notwithstanding paragraph 
        (2)(B), section 27 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 423) shall apply to the new 
        acquisition management system developed and implemented 
        under paragraph (1) with the following modifications:
                    ``(A) Subsections (f) and (g) shall not 
                apply.
                    ``(B) Within 90 days after the date of 
                enactment of the Wendell H. Ford Aviation 
                Investment and Reform Act for the 21st Century, 
                the Administrator shall adopt definitions for 
                the acquisition management system that are 
                consistent with the purpose and intent of the 
                Office of Federal Procurement Policy Act.
                    ``(C) After the adoption of those 
                definitions, the criminal, civil, and 
                administrative remedies provided under the 
                Office of Federal Procurement Policy Act apply 
to the acquisition management system.
                    ``(D) In the administration of the 
                acquisition management system, the 
                Administrator may take adverse personnel action 
                under section 27(e)(3)(A)(iv) of the Office of 
                Federal Procurement Policy Act in accordance 
                with the procedures contained in the 
                Administration's personnel management system.
            ``(4) Effective date.--This subsection shall take 
        effect on April 1, 1996.''.
    (c) Conforming Amendments.--
            (1) Section 106.--Section 106(l)(1) is amended by 
        striking ``section 40122(a) of this title and section 
        347 of Public Law 104-50'' and inserting ``subsections 
        (a) and (g) of section 40122''.
            (2) Section 40121.--Section 40121(c)(2) is amended 
        by striking ``section 348(b) of Public Law 104-50'' and 
        inserting ``section 40110(d)(2) of this title''.
            (3) Federal aviation reauthorization act of 1996.--
        Section 274(b)(6)(A)(ii)(II) of the Federal Aviation 
        Reauthorization Act of 1996 (49 U.S.C. 40101 note) is 
        amended by striking ``sections 347 and 348 of Public 
        Law 104-50'' and inserting ``sections 40110(d) and 
        40122(g) of title 49, United States Code''.
    (d) Repeal.--Sections 347 and 348 of Public Law 104-50 (109 
Stat. 460-461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are 
repealed.

SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.

    (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 (as amended by section 307(a) of this Act) is further 
amended by adding at the end the following:
    ``(h) 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 40122(g)(3).
    ``(i) 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.
    ``(j) Definition.--In 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. 309. 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 
        one 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 Administration's cost input 
                        data, including the reliability of the 
                        Administration's source documents and 
                        the integrity and reliability of the 
                        Administration's data collection 
                        process.
                            (ii) The Administration's system 
                        for tracking assets.
                            (iii) The Administration's bases 
                        for establishing asset values and 
                        depreciation rates.
                            (iv) The Administration's system of 
                        internal controls for ensuring the 
                        consistency and reliability of reported 
                        data.
                            (v) The Administration's definition 
                        of the services to which the 
                        Administration ultimately attributes 
                        its costs.
                            (vi) The cost pools used by the 
                        Administration and the rationale for 
                        and reliability of the bases which the 
                        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 
                        Administration services or activities 
                        (called ``common and fixed costs'' in 
                        the 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 Administration.
            (3) Cost effectiveness.--
                    (A) In general.--The Inspector General 
                shall assess the progress of the Administration 
                in cost and performance management, including 
                use of internal and external benchmarking in 
                improving the performance and productivity of 
                the 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 
                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.--There are authorized to be appropriated such 
sums as may be necessary to carry out this section.

SEC. 310. ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT PROJECTS.

    (a) Study.--The Secretary shall conduct a study of Federal 
environmental requirements related to the planning and approval 
of airport improvement projects.
    (b) Contents.--In conducting the study, the Secretary, at a 
minimum, shall assess--
            (1) the current level of coordination among Federal 
        and State agencies in conducting environmental reviews 
        in the planning and approval of airport improvement 
        projects;
            (2) the role of public involvement in the planning 
        and approval of airport improvement projects;
            (3) the staffing and other resources associated 
        with conducting such environmental reviews; and
            (4) the time line for conducting such environmental 
        reviews.
    (c) Consultation.--The Secretary shall conduct the study in 
consultation with the Administrator, the heads of other 
appropriate Federal departments and agencies, airport sponsors, 
the heads of State aviation agencies, representatives of the 
design and construction industry, representatives of employee 
organizations, and representatives of public interest groups.
    (d) Report.--Not later than 1 year after the date of 
enactment of this Act, 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 on the results of the study, 
together with recommendations for streamlining, if appropriate, the 
environmental review process in the planning and approval of airport 
improvement projects.

SEC. 311. COST ALLOCATION SYSTEM.

    (a) Report.--Not later than July 9, 2000, the Administrator 
shall submit 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 on the cost allocation system 
currently under development by the Federal Aviation 
Administration.
    (b) Contents.--The report shall include a specific date for 
completion and implementation of the cost allocation system 
throughout the Administration and shall also include the 
timetable and plan for the implementation of a cost management 
system.

SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.

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

                      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 thereof 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) Statutory Construction.--Section 1136 is amended by 
adding at the end the following:
    ``(i) 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 with 
        respect to 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 and the 
        Chairman of the National Transportation Safety Board an 
        updated plan under section 41113 of such title that 
        meets the requirements 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 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 
preliminary passenger manifest,'' before ``pursuant to a 
plan''.
    (c) Statutory Construction.--Section 41113 is amended by 
adding at the end the following:
    ``(f) 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.''.
    (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 with respect to 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 and the Chairman of the National 
        Transportation Safety Board an updated plan under 
        section 41313 of such title that meets the requirements 
        of the amendment made by paragraph (1).

SEC. 404. DEATH ON THE HIGH SEAS.

    (a) Right of Action in Commercial Aviation Accidents.--The 
first section of the Act of March 30, 1920 (46 U.S.C. App. 761; 
popularly known as the ``Death on the High Seas Act'') is 
amended--
            (1) by inserting ``(a) subject to subsection (b),'' 
        before ``whenever''; and
            (2) by adding at the end the following:
    ``(b) In the case of a commercial aviation accident, 
whenever the death of a person shall be caused by wrongful act, 
neglect, or default occurring on the high seas 12 nautical 
miles or closer to the shore of any State, or the District of 
Columbia, or the Territories or dependencies of the United 
States, this Act shall not apply and the rules applicable under 
Federal, State, and other appropriate law shall apply.''.
    (b) Compensation in Commercial Aviation Accidents.--Section 
2 of such Act (46 U.S.C. App. 762) is amended--
            (1) by inserting ``(a)'' before ``the recovery''; 
        and
            (2) by adding at the end the following:
    ``(b)(1) If the death resulted from a commercial aviation 
accident occurring on the high seas beyond 12 nautical miles 
from the shore of any State, or the District of Columbia, or 
the Territories or dependencies of the United States, 
additional compensation for nonpecuniary damages for wrongful 
death of a decedent is recoverable. Punitive damages are not 
recoverable.
    ``(2) In this subsection, the term `nonpecuniary damages' 
means damages for loss of care, comfort, and companionship.''.
    (c) Effective Date.--The amendments made by subsections (a) 
and (b) shall apply to any death occurring after July 16, 1996.

                            TITLE V--SAFETY

SEC. 501. AIRPLANE EMERGENCY LOCATORS.

    (a) Requirement.--Section 44712 is amended--
            (1) in subsection (b) by striking ``Subsection (a) 
        of this section'' and inserting ``Prior to January 1, 
        2002, subsection (a)'';
            (2) by redesignating subsection (c) as subsection 
        (e); and
            (3) by inserting after subsection (b) the 
        following:
    ``(c) Nonapplication Beginning on January 1, 2002.--
            ``(1) In general.--Subject to paragraph (2), on and 
        after January 1, 2002, subsection (a) does not apply 
        to--
                    ``(A) aircraft when used in scheduled 
                flights by scheduled air carriers holding 
                certificates issued by the Secretary of 
                Transportation under subpart II of this part;
                    ``(B) aircraft when used in training 
                operations conducted entirely within a 50-mile 
                radius of the airport from which the training 
                operations begin;
                    ``(C) aircraft when used in flight 
                operations related to the design and testing, 
                manufacture, preparation, and delivery of 
                aircraft;
                    ``(D) 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;
                    ``(E) aircraft when used in showing 
                compliance with regulations, crew training, 
                exhibition, air racing, or market surveys;
                    ``(F) aircraft when used in the aerial 
                application of a substance for an agricultural 
                purpose;
                    ``(G) aircraft with a maximum payload 
                capacity of more than 18,000 pounds when used 
                in air transportation; or
                    ``(H) aircraft equipped to carry only one 
                individual.
            ``(2) Delay in implementation.--The Administrator 
        of the Federal Aviation Administration may continue to 
        implement subsection (b) rather than subsection (c) for 
        a period not to exceed 2 years after January 1, 2002, 
        if the Administrator finds such action is necessary to 
        promote--
                    ``(A) a safe and orderly transition to the 
                operation of civil aircraft equipped with an 
                emergency locator; or
                    ``(B) other safety objectives.
    ``(d) 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).''.
    (b) Regulations.--The Secretary shall issue regulations to 
carry out section 44712(c) of title 49, United States Code, as 
amended by this section, not later than January 1, 2001.

SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.

    Section 44716 is amended by adding at the end the 
following:
    ``(g) Cargo Collision Avoidance Systems.--
            ``(1) In general.--The Administrator shall require 
        by regulation that, no later than December 31, 2002, 
        collision avoidance equipment be installed on each 
        cargo aircraft with a maximum certificated takeoff 
        weight in excess of 15,000 kilograms.
            ``(2) Extension of deadline.--The Administrator may 
        extend the deadline established by paragraph (1) by not 
        more than 2 years if the Administrator finds that the 
        extension is needed to promote--
                    ``(A) a safe and orderly transition to the 
                operation of a fleet of cargo aircraft equipped 
                with collision avoidance equipment; or
                    ``(B) other safety or public interest 
                objectives.
            ``(3) Collision avoidance equipment defined.--In 
        this subsection, the term `collision avoidance 
        equipment' means equipment that provides protection 
        from mid-air collisions using technology that 
        provides--
                    ``(A) cockpit-based collision detection and 
                conflict resolution guidance, including display 
                of traffic; and
                    ``(B) a margin of safety of at least the 
                same level as provided by the collision 
                avoidance system known as TCAS-II.''.

SEC. 503. 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 municipal solid waste landfill (as defined 
        in section 258.2 of title 40, Code of Federal 
        Regulations, as in effect on the date of enactment of 
        this subsection) that receives putrescible waste (as 
        defined in section 257.3-8 of such title) within 6 
        miles of a public airport that has received grants 
        under chapter 471 and is primarily served by general 
        aviation aircraft and regularly scheduled flights of 
        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 the application of this subsection and the 
        Administrator determines that such exemption would have 
        no adverse impact on aviation safety.
            ``(2) Limitation on applicability.--Paragraph (1) 
        shall not apply in the State of Alaska and shall not 
        apply to the construction, establishment, expansion, or 
        modification of, or to any other activity undertaken 
        with respect to, a municipal solid waste landfill if 
        the construction or establishment of the landfill was 
        commenced on or before the date of enactment of this 
        subsection.''.
    (c) Civil Penalty for Violations of Limitation on 
Construction of Landfills.--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 44718(d), relating to 
        the limitation on construction or establishment of 
        landfills;''.

SEC. 504. 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 every time the part is removed from service or 
        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 
from aircraft 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) (as amended by 
section 503(c) of this Act) is further amended by adding at the 
end the following:
            ``(D) 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 
amended by adding at the end the following:

``44725. Life-limited aircraft parts.''.

SEC. 505. COUNTERFEIT AIRCRAFT PARTS.

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

``Sec. 44726. Denial and revocation of certificate for counterfeit 
                    parts violations

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

then the Administrator may amend the certificate to impose a 
limitation that the certificate will not be valid if that 
individual has a controlling or ownership interest in the 
holder. A decision by the Administrator under this subsection 
is not reviewable by the Board.''.
            (2) Conforming amendment.--The analysis for such 
        chapter is further amended by adding at the end the 
        following:

``44726. Denial and revocation of certificate for counterfeit parts 
          violations.''.

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

SEC. 506. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE 
                    PARTS IN INTERSTATE OR FOREIGN COMMERCE.

    (a) Short Title.--This section may be cited as the 
``Aircraft Safety Act of 2000''.
    (b) Definitions.--Section 31 of title 18, United States 
Code, is amended by striking all after the section heading and 
inserting the following:
    ``(a) Definitions.--In this chapter, the following 
definitions apply:
            ``(1) Aircraft.--The term `aircraft' means a civil, 
        military, or public contrivance invented, used, or 
        designed to navigate, fly, or travel in the air.
            ``(2) Aviation quality.--The term `aviation 
        quality', with respect to a part of an aircraft or 
        space vehicle, means the quality of having been 
        manufactured, constructed, produced, maintained, 
        repaired, overhauled, rebuilt, reconditioned, or 
        restored in conformity with applicable standards 
        specified by law (including applicable regulations).
            ``(3) Destructive substance.--The term `destructive 
        substance' means an explosive substance, flammable 
        material, infernal machine, or other chemical, 
        mechanical, or radioactive device or matter of a 
        combustible, contaminative, corrosive, or explosive 
        nature.
            ``(4) In flight.--The term `in flight' means--
                    ``(A) any time from the moment at which all 
                the external doors of an aircraft are closed 
                following embarkation until the moment when any 
                such door is opened for disembarkation; and
                    ``(B) in the case of a forced landing, 
                until competent authorities take over the 
                responsibility for the aircraft and the persons 
                and property on board.
            ``(5) In service.--The term `in service' means--
                    ``(A) any time from the beginning of 
                preflight preparation of an aircraft by ground 
                personnel or by the crew for a specific flight 
                until 24 hours after any landing; and
                    ``(B) in any event includes the entire 
                period during which the aircraft is in flight.
            ``(6) Motor vehicle.--The term `motor vehicle' 
        means every description of carriage or other 
        contrivance propelled or drawn by mechanical power and 
        used for commercial purposes on the highways in the 
transportation of passengers, passengers and property, or property or 
cargo.
            ``(7) Part.--The term `part' means a frame, 
        assembly, component, appliance, engine, propeller, 
        material, part, spare part, piece, section, or related 
        integral or auxiliary equipment.
            ``(8) Space vehicle.--The term `space vehicle' 
        means a man-made device, either manned or unmanned, 
        designed for operation beyond the Earth's atmosphere.
            ``(9) State.--The term `State' means a State of the 
        United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United 
        States.
            ``(10) Used for commercial purposes.--The term 
        `used for commercial purposes' means the carriage of 
        persons or property for any fare, fee, rate, charge or 
        other consideration, or directly or indirectly in 
        connection with any business, or other undertaking 
        intended for profit.
    ``(b) Terms Defined in Other Law.--In this chapter, the 
terms `aircraft engine', `air navigation facility', 
`appliance', `civil aircraft', `foreign air commerce', 
`interstate air commerce', `landing area', `overseas air 
commerce', `propeller', `spare part', and `special aircraft 
jurisdiction of the United States' have the meanings given 
those terms in sections 40102(a) and 46501 of title 49.''.
    (c) Fraud.--
            (1) In general.--Chapter 2 of title 18, United 
        States Code, is amended by adding at the end the 
        following:

``Sec. 38. Fraud involving aircraft or space vehicle parts in 
                    interstate or foreign commerce

    ``(a) Offenses.--Whoever, in or affecting interstate or 
foreign commerce, knowingly and with the intent to defraud--
            ``(1)(A) falsifies or conceals a material fact 
        concerning any aircraft or space vehicle part;
            ``(B) makes any materially fraudulent 
        representation concerning any aircraft or space vehicle 
        part; or
            ``(C) makes or uses any materially false writing, 
        entry, certification, document, record, data plate, 
        label, or electronic communication concerning any 
        aircraft or space vehicle part;
            ``(2) exports from or imports or introduces into 
        the United States, sells, trades, installs on or in any 
        aircraft or space vehicle any aircraft or space vehicle 
        part using or by means of a fraudulent representation, 
        document, record, certification, depiction, data plate, 
        label, or electronic communication; or
            ``(3) attempts or conspires to commit an offense 
        described in paragraph (1) or (2);
shall be punished as provided in subsection (b).
    ``(b) Penalties.--The punishment for an offense under 
subsection (a) is as follows:
            ``(1) Aviation quality.--If the offense relates to 
        the aviation quality of a part and the part is 
        installed in an aircraft or space vehicle, a fine of 
        not more than $500,000, imprisonment for not more than 
        15 years, or both.
            ``(2) Failure to operate as represented.--If, by 
        reason of the failure of the part to operate as 
        represented, the part to which the offense is related 
        is the proximate cause of a malfunction or failure that 
        results in serious bodily injury (as defined in section 
        1365), a fine of not more than $1,000,000, imprisonment 
        for not more than 20 years, or both.
            ``(3) Failure resulting in death.--If, by reason of 
        the failure of the part to operate as represented, the 
        part to which the offense is related is the proximate 
        cause of a malfunction or failure that results in the 
        death of any person, a fine of not more than 
        $1,000,000, imprisonment for any term of years or life, 
        or both.
            ``(4) Other circumstances.--In the case of an 
        offense under subsection (a) not described in paragraph 
        (1), (2), or (3) of this subsection, a fine under this 
        title, imprisonment for not more than 10 years, or 
        both.
            ``(5) Organizations.--If the offense is committed 
        by an organization, a fine of not more than--
                    ``(A) $10,000,000 in the case of an offense 
                described in paragraph (1) or (4); and
                    ``(B) $20,000,000 in the case of an offense 
                described in paragraph (2) or (3).
    ``(c) Civil Remedies.--
            ``(1) In general.--The district courts of the 
        United States shall have jurisdiction to prevent and 
        restrain violations of this section by issuing 
        appropriate orders, including--
                    ``(A) ordering a person (convicted of an 
                offense under this section) to divest any 
                interest, direct or indirect, in any enterprise 
                used to commit or facilitate the commission of 
                the offense, or to destroy, or to mutilate and 
                sell as scrap, aircraft material or part 
                inventories or stocks;
                    ``(B) imposing reasonable restrictions on 
                the future activities or investments of any 
                such person, including prohibiting engagement 
                in the same type of endeavor as used to commit 
                the offense; and
                    ``(C) ordering the dissolution or 
                reorganization of any enterprise knowingly used 
                to commit or facilitate the commission of an 
                offense under this section making due 
                provisions for the rights and interests of 
                innocent persons.
            ``(2) Restraining orders and prohibition.--Pending 
        final determination of a proceeding brought under this 
        section, the court may enter such restraining orders or 
        prohibitions, or take such other actions (including the 
        acceptance of satisfactory performance bonds) as the 
        court deems proper.
            ``(3) Estoppel.--A final judgment rendered in favor 
        of the United States in any criminal proceeding brought 
        under this section shall stop the defendant from 
        denying the essential allegations of the criminal 
        offense in any subsequent civil proceeding brought by 
        the United States.
    ``(d) Criminal Forfeiture.--
            ``(1) In general.--The court, in imposing sentence 
        on any person convicted of an offense under this 
        section, shall order, in addition to any other sentence 
        and irrespective of any provision of State law, that 
        the person forfeit to the United States--
                    ``(A) any property constituting, or derived 
                from, any proceeds that the person obtained, 
                directly or indirectly, as a result of the 
                offense; and
                    ``(B) any property used, or intended to be 
                used in any manner, to commit or facilitate the 
                commission of the offense, if the court in its 
                discretion so determines, taking into 
                consideration the nature, scope, and 
                proportionality of the use of the property on 
                the offense.
            ``(2) Application of other law.--The forfeiture of 
        property under this section, including any seizure and 
        disposition of the property, and any proceedings 
        relating to the property, shall be governed by section 
        413 of the Comprehensive Drug Abuse and Prevention Act 
        of 1970 (21 U.S.C. 853) (not including subsection (d) 
        of that section).
    ``(e) Construction With Other Law.--This section does not 
preempt or displace any other remedy, civil or criminal, 
provided by Federal or State law for the fraudulent 
importation, sale, trade, installation, or introduction into 
commerce of an aircraft or space vehicle part.
    ``(f) Territorial Scope.--This section also applies to 
conduct occurring outside the United States if--
            ``(1) the offender is a natural person who is a 
        citizen or permanent resident alien of the United 
        States, or an organization organized under the laws of 
        the United States or political subdivision thereof;
            ``(2) the aircraft or spacecraft part as to which 
        the violation relates was installed in an aircraft or 
        space vehicle owned or operated at the time of the 
        offense by a citizen or permanent resident alien of the 
        United States, or by an organization thereof; or
            ``(3) an act in furtherance of the offense was 
        committed in the United States.''.
            (2) Conforming amendments.--
                    (A) Chapter analysis.--The analysis for 
                chapter 2 of title 18, United States Code, is 
                amended by adding at the end the following:

``38. Fraud involving aircraft or space vehicle parts in interstate or 
          foreign commerce.''.

                    (B) Wire and electronic communications.--
                Section 2516(1)(c) of title 18, United States 
                Code, is amended by inserting ``section 38 
                (relating to aircraft parts fraud),'' after 
                ``section 32 (relating to destruction of 
                aircraft or aircraft facilities),''.

SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.

    Section 46312 is amended--
            (1) by inserting ``(a) General.--'' before ``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. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

    (a) Flexibility To Perform Criminal History Record 
Checks.--Section 44936(a)(1)(C) is amended--
            (1) in clause (iii) by striking ``or'';
            (2) in clause (iv) by striking the period at the 
        end and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(v) the Administrator decides it is necessary to 
        ensure air transportation security with respect to 
        passenger, baggage, or property screening at 
        airports.''.
    (b) 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 (5) by striking the period at the 
        end of the first sentence and inserting ``; except 
        that, for purposes of paragraph (15), the Administrator 
        may allow an individual designated by the Administrator 
        to accept and maintain written consent on behalf of the 
        Administrator for records requested under paragraph 
        (1)(A).'';
            (4) in paragraph (13)--
                    (A) by striking ``may'' and inserting 
                ``shall''; and
                    (B) before the semicolon in subparagraph 
                (A)(i) insert ``and disseminated under 
                paragraph (15)'';
            (5) in paragraph (14)(B) by inserting ``or from a 
        foreign government or entity that employed the 
        individual'' after ``exists''; and
            (6) 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, an individual 
        designated by the air carrier to have electronic access 
        to a specified database containing information about 
        such records. The terms shall limit such access to 
        instances in which information in the database is 
        required by the designated individual in making a 
        hiring decision concerning a pilot applicant and shall 
        require that the designated individual provide 
        assurances satisfactory to the Administrator that 
        information obtained using such access will not be used 
        for any purpose other than making the hiring 
        decision.''.

SEC. 509. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR TRANSPORTATION 
                    WITHOUT AN AIRMAN'S CERTIFICATE.

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

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

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

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

SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

    Not later than 60 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 enforcement actions for violations of 
title 14, Code of Federal Regulations, (other than criminal or 
deliberate acts) that are reported or discovered as a result of 
voluntary reporting programs, such as the Flight Operations 
Quality Assurance Program and the Aviation Safety Action 
Program.

SEC. 511. PENALTIES FOR UNRULY PASSENGERS.

    (a) In General.--Chapter 463 (as amended by section 509 of 
this Act) is further amended by adding at the end the 
following:

``Sec. 46318. Interference with cabin or flight crew

    ``(a) General Rule.--An individual who physically assaults 
or threatens to physically assault a member of the flight crew 
or cabin crew of a civil aircraft or any other individual on 
the aircraft, or takes any action that poses an imminent threat 
to the safety of the aircraft or other individuals on the 
aircraft is liable to the United States Government for a civil 
penalty of not more than $25,000.
    ``(b) Compromise and Setoff.--
            ``(1) Compromise.--The Secretary may compromise the 
        amount of a civil penalty imposed under this section.
            ``(2) Setoff.--The United States Government may 
        deduct the amount of a civil penalty imposed or 
        compromised under this section from amounts the 
        Government owes the person liable for the penalty.''.
    (b) Conforming Amendment.--The analysis for chapter 463 is 
further amended by adding at the end the following:

``46318. Interference with cabin or flight crew.''.

SEC. 512. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

    (a) Definitions.--In this section, the following 
definitions apply:
            (1) Aircraft.--The term ``aircraft'' has the 
        meaning given that term in section 40102 of title 49, 
        United States Code.
            (2) Air transportation.--The term ``air 
        transportation'' has the meaning given that term in 
        such section.
            (3) Program.--The term ``program'' means the 
        program established under subsection (b)(1)(A).
    (b) Establishment of a Program To Deputize Local Law 
Enforcement Officers.--
            (1) In general.--The Attorney General may--
                    (A) establish a program under which the 
                Attorney General may deputize State and local 
                law enforcement officers having jurisdiction 
                over airports and airport authorities as Deputy 
                United States Marshals for the limited purpose 
                of enforcing Federal laws that regulate 
                security on board aircraft, including laws 
                relating to violent, abusive, or disruptive 
                behavior by passengers in air transportation; 
                and
                    (B) encourage the participation of law 
                enforcement officers of State and local 
                governments in the program.
            (2) Consultation.--In establishing the program, the 
        Attorney General shall consult with appropriate 
        officials of--
                    (A) the United States Government (including 
                the Administrator or a designated 
                representative of the Administrator); and
                    (B) State and local governments in any 
                geographic area in which the program may 
                operate.
            (3) Training and background of law enforcement 
        officers.--
                    (A) In general.--Under the program, to 
                qualify to serve as a Deputy United States 
                Marshal under the program, a State or local law 
                enforcement officer shall--
                            (i) meet the minimum background and 
                        training requirements for a law 
                        enforcement officer under part 107 of 
                        title 14, Code of Federal Regulations 
                        (or equivalent requirements established 
                        by the Attorney General); and
                            (ii) receive approval to 
                        participate in the program from the 
                        State or local law enforcement agency 
                        that is the employer of that law 
                        enforcement officer.
                    (B) Training not federal responsibility.--
                The United States Government shall not be 
                responsible for providing to a State or local 
                law enforcement officer the training required 
                to meet the training requirements under 
                subparagraph (A)(i). Nothing in this subsection 
                may be construed to grant any such law 
                enforcement officer the right to attend any 
                institution of the United States Government 
                established to provide training to law 
                enforcement officers of the United States 
                Government.
    (c) Powers and Status of Deputized Law Enforcement 
Officers.--
            (1) In general.--Subject to paragraph (2), a State 
        or local law enforcement officer that is deputized as a 
        Deputy United States Marshal under the program may 
        arrest and apprehend an individual suspected of 
        violating any Federal law described in subsection 
        (b)(1)(A), including any individual who violates a 
        provision subject to a civil penalty under section 
        46301 of title 49, United States Code, or section 
        46302, 46303, 46318, 46504, 46505, or 46507 of that 
        title, or who commits an act described in section 46506 
        of that title.
            (2) Limitation.--The powers granted to a State or 
        local law enforcement officer deputized under the 
        program shall be limited to enforcing Federal laws 
        relating to security on board aircraft in flight.
            (3) Status.--A State or local law enforcement 
        officer that is deputized as a Deputy United States 
        Marshal under the program shall not--
                    (A) be considered to be an employee of the 
                United States Government; or
                    (B) receive compensation from the United 
                States Government by reason of service as a 
Deputy United States Marshal under the program.
    (d) Statutory Construction.--Nothing in this section may be 
construed to--
            (1) grant a State or local law enforcement officer 
        that is deputized under the program the power to 
        enforce any Federal law that is not described in 
        subsection (c); or
            (2) limit the authority that a State or local law 
        enforcement officer may otherwise exercise in the 
        officer's capacity under any other applicable State or 
        Federal law.
    (e) Regulations.--The Attorney General may promulgate such 
regulations as may be necessary to carry out this section.
    (f) Notification of Congress.--Not later than 90 days after 
the date of enactment of this Act, the Attorney General shall 
notify the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on whether or not the 
Attorney General intends to establish the program authorized by 
this section.

SEC. 513. AIR TRANSPORTATION OVERSIGHT SYSTEM.

    (a) Report.--Not later than August 1, 2000, 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, including in detail the training of inspectors under 
the system, the number of inspectors using the system, air 
carriers subject to the system, and the budget for the system.
    (b) Required Contents.--At a minimum, the report shall 
indicate--
            (1) any funding or staffing constraints that would 
        adversely impact the Administration's ability to 
        continue to develop and implement the air 
        transportation oversight 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 such system.
    (c) Update.--Not later than August 1, 2002, the 
Administrator shall update the report submitted under this 
section and transmit the updated report to the committees 
referred to in subsection (a).

SEC. 514. RUNWAY SAFETY AREAS.

    (a) Eligibility.--Section 47102(3)(B) (as amended by 
section 122 of this Act) is further 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, 
                        including any revision to the 
                        circular.''.
    (b) Solicitation of Comments.--Not later than 6 months 
after the date of enactment of this Act, the Administrator 
shall solicit comments on the need for the improvement of 
runway safety areas through the use of engineered materials 
arresting systems, longer runways, and such other techniques as 
the Administrator considers appropriate.
    (c) Grants for Engineered Materials Arresting Systems.--In 
making grants under section 47104 of title 49, United States 
Code, for engineered materials arresting systems, the Secretary 
shall require the sponsor to demonstrate that the effects of 
jet blasts have been adequately considered.
    (d) Grants for Runway Rehabilitation.--In any case in which 
an airport's runways are constrained by physical conditions, 
the Secretary shall consider alternative means for ensuring 
runway safety (other than a safety overrun area) when 
prescribing conditions for grants for runway rehabilitation.

SEC. 515. PRECISION APPROACH PATH INDICATORS.

    Not later than 6 months after the date of enactment of this 
Act, the Administrator shall solicit comments on the need for 
the installation of precision approach path indicators.

SEC. 516. AIRCRAFT DISPATCHERS.

    (a) Study.--The Administrator shall conduct a study of the 
role of aircraft dispatchers in enhancing aviation safety.
    (b) Contents.--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 functions, and whether or not designation of 
positions within the Federal Aviation Administration for 
oversight of dispatchers would enhance aviation safety.
    (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.

SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT MECHANICS.

    The Administrator shall form a partnership with industry 
and labor to develop a model program to improve the curricula, 
teaching methods, and quality of instructors for training 
individuals that need certification as airframe and powerplant 
mechanics.

SEC. 518. SMALL AIRPORT CERTIFICATION.

    Not later than 60 days after the date of the 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. 519. 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 $1,000.
            ``(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, United States Code. 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, United States Code.
    ``(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.''.

    (c) Civil Penalty.--Section 46301(a)(1)(A) is amended by 
striking ``subchapter II of chapter 421'' and inserting 
``subchapter II or III of chapter 421''.

SEC. 520. 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 
enactment of this Act, the Administrator shall transmit to 
Congress a report on the results of the study conducted under 
this section.

          TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

SEC. 601. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

    Effective October 1, 2000, there are transferred to the 
Federal Aviation Administration and vested in the Administrator 
the functions, powers, and duties of the Secretary of Commerce 
and other officers of the Department of Commerce that relate to 
the Office of Aeronautical Charting and Cartography and are set 
forth in section 44721 of title 49, United States Code.

SEC. 602. TRANSFER OF OFFICE, PERSONNEL, AND FUNDS.

    (a) Transfer of Office.--Effective October 1, 2000, the 
Office of Aeronautical Charting and Cartography of the National 
Oceanic and Atmospheric Administration, Department of Commerce, 
is transferred to the Federal Aviation Administration.
    (b) Other Transfers.--Effective October 1, 2000, the 
personnel employed in connection with, and the assets, 
liabilities, contracts, property, equipment, facilities, 
records, and unexpended balance of appropriations, and other 
funds employed, held, used, arising from, available to, or to 
be made available in connection with the function and offices, 
or portions of offices, transferred by this title, including 
all Senior Executive Service positions, subject to section 1531 
of title 31, United States Code, are transferred to the 
Administrator of the Federal Aviation Administration for 
appropriate allocation. Personnel employed in connection with 
functions transferred by this title transfer under any 
applicable law and regulation relating to transfer of 
functions. Unexpended funds transferred under this section 
shall be used only for the purposes for which the funds were 
originally authorized and appropriated, except that funds may 
be used for expenses associated with the transfer authorized by 
this title.

SEC. 603. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    (a) In General.--Section 44721 is amended to read as 
follows:

``Sec. 44721. Aeronautical charts and related products and services

    ``(a) Publication.--
            ``(1) In general.--The Administrator of the Federal 
        Aviation Administration may arrange for the publication 
        of aeronautical maps and charts necessary for the safe 
        and efficient movement of aircraft in air navigation, 
        using the facilities and assistance of departments, 
        agencies, and instrumentalities of the United States 
        Government as far as practicable.
            ``(2) Navigation routes.--In carrying out paragraph 
        (1), the Administrator shall update and arrange for the 
        publication of clearly defined routes for navigating 
        through a complex terminal airspace area and to and 
        from an airport located in such an area, if the 
        Administrator decides that publication of the routes 
        would promote safety in air navigation. The routes 
        shall be developed in consultation with pilots and 
        other users of affected airports and shall be for the 
        optional use of pilots operating under visual flight 
        rules.
    ``(b) Indemnification.--The Government shall make an 
agreement to indemnify any person that publishes a map or chart 
for use in aeronautics from any part of a claim arising out of 
the depiction by the person on the map or chart of a defective 
or deficient flight procedure or airway if the flight procedure 
or airway was--
            ``(1) prescribed by the Administrator;
            ``(2) depicted accurately on the map or chart; and
            ``(3) not obviously defective or deficient.
    ``(c) Authority of Office of Aeronautical Charting and 
Cartography.--Effective October 1, 2000, the Administrator is 
vested with and shall exercise the functions, powers, and 
duties of the Secretary of Commerce and other officers of the 
Department of Commerce that relate to the Office of 
Aeronautical Charting and Cartography to provide aeronautical 
charts and related products and services for the safe and 
efficient navigation of air commerce, under the following 
authorities:
            ``(1) Sections 1 through 9 of the Act entitled `An 
        Act to define the functions and duties of the Coast and 
        Geodetic Survey, and for other purposes', approved 
        August 6, 1947, (33 U.S.C. 883a-883h).
            ``(2) Section 6082 of the Consolidated Omnibus 
        Budget Reconciliation Act of 1985 (33 U.S.C. 883j).
            ``(3) Section 1307 of title 44, United States Code.
            ``(4) The provision of title II of the Departments 
        of Commerce, Justice, and State, the Judiciary, and 
        Related Agencies Appropriations Act, 1995 under the 
        heading `National Oceanic and Atmospheric 
        Administration' relating to aeronautical charts (44 
        U.S.C. 1307 note).
    ``(d) Authority.--In order that full public benefit may be 
derived from the dissemination of data resulting from 
activities under this section and of related data from other 
sources, the Administrator may--
            ``(1) develop, process, disseminate and publish 
        digital and analog data, information, compilations, and 
        reports;
            ``(2) compile, print, and disseminate aeronautical 
        charts and related products and services of the United 
        States and its territories and possessions;
            ``(3) compile, print, and disseminate aeronautical 
        charts and related products and services covering 
        international airspace as are required primarily by 
        United States civil aviation; and
            ``(4) compile, print, and disseminate 
        nonaeronautical navigational, transportation or public-
        safety-related products and services when in the best 
        interests of the Government.
    ``(e) Contracts, Cooperative Agreements, Grants, and Other 
Agreements.--
            ``(1) Contracts.--The Administrator is authorized 
        to contract with qualified organizations for the 
        performance of any part of the authorized functions of 
        the Office of Aeronautical Charting and Cartography 
        when the Administrator deems such procedure to be in 
        the public interest and will not compromise public 
        safety.
            ``(2) Cooperative agreements, grants, and other 
        agreements.--The Administrator is authorized to enter 
        into cooperative agreements, grants, reimbursable 
        agreements, memoranda of understanding and other 
        agreements, with a State, subdivision of a State, 
        Federal agency, public or private organization, or 
        individual, to carry out the purposes of this section.
    ``(f) Special Services and Products.--
            ``(1) In general.--The Administrator is authorized, 
        at the request of a State, subdivision of a State, 
        Federal agency, public or private organization, or 
        individual, to conduct special services, including 
        making special studies, or developing special 
        publications or products on matters relating to 
        navigation, transportation, or public safety.
            ``(2) Fees.--The Administrator shall assess a fee 
        for any special service provided under paragraph (1). A 
        fee shall be not more than the actual or estimated full 
        cost of the service. A fee may be reduced or waived for 
        research organizations, educational organizations, or 
        non-profit organizations, when the Administrator 
        determines that reduction or waiver of the fee is in 
        the best interest of the Government by furthering 
        public safety.
    ``(g) Sale and Dissemination of Aeronautical Products.--
            ``(1) In general.--Aeronautical products created or 
        maintained under the authority of this section shall be 
        sold at prices established annually by the 
        Administrator consistent with the following:
                    ``(A) Maximum price.--Subject to 
                subparagraph (B), the price of an aeronautical 
                product sold to the public shall be not more 
                than necessary to recover all costs 
                attributable to (i) data base management and 
                processing; (ii) compilation; (iii) printing or 
                other types of reproduction; and (iv) 
                dissemination of the product.
                    ``(B) Adjustment of price.--The 
                Administrator shall adjust the price of an 
                aeronautical product and service sold to the 
                public as necessary to avoid any adverse impact 
                on aviation safety attributable to the price 
                specified under this paragraph.
                    ``(C) Costs attributable to acquisition of 
                aeronautical data.--A price established under 
                this paragraph may not include costs 
                attributable to the acquisition of aeronautical 
                data.
            ``(2) Publication of prices.--The Administrator 
        shall publish annually the prices at which aeronautical 
        products are sold to the public.
            ``(3) Distribution.--The Administrator may 
        distribute aeronautical products and provide 
        aeronautical services--
                     ``(A) without charge to each foreign 
                government or international organization with 
                which the Administrator or a Federal department 
                or agency has an agreement for exchange of 
                these products or services without cost;
                     ``(B) at prices the Administrator 
                establishes, to the departments and officers of 
                the United States requiring them for official 
                use; and
                     ``(C) at reduced or no charge where, in 
                the judgment of the Administrator, furnishing 
                the aeronautical product or service to a 
                recipient is a reasonable exchange for 
                voluntary contribution of information by the 
                recipient to the activities under this section.
            ``(4) Fees.--The fees provided for in this 
        subsection are for the purpose of reimbursing the 
        Government for the costs of creating, printing and 
        disseminating aeronautical products and services under 
        this section. The collection of fees authorized by this 
        section does not alter or expand any duty or liability 
        of the Government under existing law for the 
        performance of functions for which fees are collected, 
        nor does the collection of fees constitute an express 
        or implied undertaking by the Government to perform any 
        activity in a certain manner.''.
    (b) Conforming Amendment.--The chapter analysis of chapter 
447 is amended by striking the item relating to section 44721 
and inserting the following:

``44721. Aeronautical charts and related products and services.''.

SEC. 604. SAVINGS PROVISION.

    (a) Continued Effectiveness of Directives.--All orders, 
determinations, rules, regulations, permits, contracts, 
certificates, licenses, privileges, and financial assistance 
that--
            (1) have been issued, made, granted, or allowed to 
        become effective by the President of the United States, 
        the Secretary of Commerce, the Administrator of the 
        National Oceanic and Atmospheric Administration, any 
        Federal agency or official thereof, or by a court of 
        competent jurisdiction, in the performance of functions 
        which are transferred by this title; and
             (2) are in effect on the date of transfer,
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President of the United States, the 
Administrator of the Federal Aviation Administration, a court 
of competent jurisdiction, or by operation of law.
    (b) Continued Effectiveness of Pending Actions.--
            (1) In general.--The provisions of this title shall 
        not affect any proceedings, including notices of 
        proposed rulemaking, or any application for any 
        license, permit, certificate, or financial assistance 
        pending on the date of transfer before the Department 
        of Commerce or the National Oceanic and Atmospheric 
        Administration, or any officer of such Department or 
        Administration, with respect to functions transferred 
        by this title, but such proceedings or applications, to 
        the extent that they relate to functions transferred, 
        shall be continued in accord with transition guidelines 
        promulgated by the Administrator of the Federal 
        Aviation Administration under the authority of this 
        section. Orders issued in any such proceedings shall 
        continue in effect until modified, terminated, 
        superseded, or revoked by the Administrator of the 
        Federal Aviation Administration, by a court of 
        competent jurisdiction, or by operation of law. Nothing 
        in this subsection prohibits the discontinuance or 
        modification of any such proceeding under the same 
        terms and conditions and to the same extent that such 
        proceeding could have been discontinued or modified if 
        this title had not been enacted.
            (2) Transition guidelines.--The Secretary of 
        Commerce, the Administrator of the National Oceanic and 
        Atmospheric Administration, and the Administrator of 
        the Federal Aviation Administration are authorized to 
        issue transition guidelines providing for the orderly 
        transfer of proceedings and otherwise to accomplish the 
        orderly transfer of functions, personnel and property 
        under this title.
    (c) Continued Effectiveness of Judicial Actions.--No cause 
of action by or against the Department of Commerce or the 
National Oceanic and Atmospheric Administration with respect to 
functions transferred by this title, or by or against any 
officer thereof in the official's capacity, shall abate by 
reason of the enactment of this title. Causes of action and 
actions with respect to a function or office transferred by 
this title, or other proceedings may be asserted by or against 
the United States or an official of the Federal Aviation 
Administration, as may be appropriate, and, in an action 
pending when this title takes effect, the court may at any 
time, on its own motion or that of any party, enter an order 
that will give effect to the provisions of this subsection.
    (d) Substitution or Addition of Parties to Judicial 
Actions.--If, on the date of transfer, the Department of 
Commerce or the National Oceanic and Atmospheric 
Administration, or any officer of the Department or 
Administration in an official capacity, is a party to an 
action, and under this title any function relating to the 
action of the Department, Administration, or officer is 
transferred to the Federal Aviation Administration, then such 
action shall be continued with the Administrator of the Federal 
Aviation Administration substituted or added as a party.
    (e) Continued Jurisdiction Over Actions Transferred.--
Orders and actions of the Administrator of the Federal Aviation 
Administration in the exercise of functions transferred by this 
title shall be subject to judicial review to the same extent 
and in the same manner as if such orders and actions had been 
by the Department of Commerce or the National Oceanic and 
Atmospheric Administration, or any office or officer of such 
Department or Administration, in the exercise of such functions 
immediately preceding their transfer.
    (f) Liabilities and Obligations.--The Administrator of the 
Federal Aviation Administration shall assume all liabilities 
and obligations (tangible and incorporeal, present and 
executory) associated with the functions transferred under this 
title on the date of transfer, including leases, permits, 
licenses, contracts, agreements, claims, tariffs, accounts 
receivable, accounts payable, financial assistance, and 
litigation relating to such obligations, regardless whether 
judgment has been entered, damages awarded, or appeal taken.

SEC. 605. NATIONAL OCEAN SURVEY.

    (a) Charts and Publications.--Section 2 of the Act entitled 
``An Act to define the functions and duties of the Coast and 
Geodetic Survey, and for other purposes'', approved August 6, 
1947 (33 U.S.C. 883b), is amended--
            (1) by striking paragraphs (3) and (5), and 
        redesignating paragraphs (4) and (6) as paragraphs (3) 
        and (4), respectively;
            (2) by striking ``charts of the United States, its 
        Territories, and possessions;'' in paragraph (3), as 
        redesignated, and inserting ``charts;''; and
            (3) by striking ``publications for the United 
        States, its Territories, and possessions'' in paragraph 
        (4), as redesignated, and inserting ``publications''.
    (b) Cooperative and Other Agreements.--Section 5(1) of such 
Act (33 U.S.C. 883e(1)) is amended--
            (1) by striking ``cooperative agreements'' and 
        inserting ``cooperative agreements, or any other 
        agreements,''; and
            (2) in paragraph (2) by striking ``cooperative''.

SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL PRODUCTS 
                    BY NOAA.

    (a) In General.--Section 1307 of title 44, United States 
Code, is amended--
            (1) in the section heading by striking ``and 
        aeronautical''; and
            (2) by striking ``and aeronautical'' and ``or 
        aeronautical'' each place they appear.
    (b) Prices.--Section 1307(a)(2)(B) of such title is amended 
by striking ``aviation and''.
    (c) Fees.--Section 1307(d) of such title 44 is amended by 
striking ``aeronautical and''.
    (d) Conforming Amendment.--The analysis for chapter 13 of 
title 44, United States Code, is amended in the item relating 
to section 1307 by striking ``and aeronautical''.

SEC. 607. 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.

                  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, and 44723), 
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) Definition of Public Aircraft.--Section 40102(a)(37) is 
amended to read as follows:
            ``(37) `public aircraft' means any of the 
        following:
                    ``(A) Except with respect to an aircraft 
                described in subparagraph (E), an aircraft used 
                only for the United States Government, except 
                as provided in section 40125(b).
                    ``(B) An aircraft owned by the Government 
                and operated by any person for purposes related 
                to crew training, equipment development, or 
                demonstration, except as provided in section 
                40125(b).
                    ``(C) An aircraft owned and operated by the 
                government of a State, the District of 
                Columbia, or a territory or possession of the 
                United States or a political subdivision of one 
                of these governments, except as provided in 
                section 40125(b).
                    ``(D) An aircraft exclusively leased for at 
                least 90 continuous days by the government of a 
                State, the District of Columbia, or a territory 
                or possession of the United States or a 
                political subdivision of one of these 
                governments, except as provided in section 
                40125(b).
                    ``(E) An aircraft owned or operated by the 
                armed forces or chartered to provide 
                transportation to the armed forces under the 
                conditions specified by section 40125(c).''.
    (b) Qualifications for Public Aircraft Status.--
            (1) In general.--Chapter 401 is further 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 the armed forces for 
        reimbursement when that reimbursement is required by 
        any Federal statute, regulation, or directive, in 
        effect on November 1, 1999, or 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 national defense, intelligence 
        missions, firefighting, search and rescue, law 
        enforcement (including transport of prisoners, 
        detainees, and illegal aliens), 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.
            ``(4) Armed forces.--The term `armed forces' has 
        the meaning given such term by section 101 of title 10.
    ``(b) Aircraft Owned by Governments.--An aircraft described 
in subparagraph (A), (B), (C), or (D) of section 40102(a)(37) 
does not qualify as a public aircraft under such section when 
the aircraft is used for commercial purposes or to carry an 
individual other than a crewmember or a qualified 
noncrewmember.
    ``(c) Aircraft Owned or Operated by the Armed Forces.--
            ``(1) In general.--Subject to paragraph (2), an 
        aircraft described in section 40102(a)(37)(E) qualifies 
        as a public aircraft if--
                    ``(A) the aircraft is operated in 
                accordance with title 10;
                    ``(B) the aircraft is operated in the 
                performance of a governmental function under 
                titles 14, 31, 32, or 50 and the aircraft is 
                not used for commercial purposes; or
                    ``(C) 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.
            ``(2) Limitation.--An aircraft that meets the 
        criteria set forth in paragraph (1) and that is owned 
        or operated by the National Guard of a State, the 
        District of Columbia, or any territory or possession of 
        the United States, qualifies as a public aircraft only 
        to the extent that it is operated under the direct 
        control of the Department of Defense.''.
            (2) Conforming amendment.--The analysis for chapter 
        401 is amended by adding at the end the following:
``40125. Qualifications for public aircraft status.''.

    (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).

SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

    Section 40110 (as amended by section 307(b) of this Act) is 
further amended by adding at the end the following:
    ``(e) 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. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

    (a) In General.--The Administrator may carry out a pilot 
program in fiscal years 2001 through 2003 to test and evaluate 
the benefits of long-term contracts for the leasing of aviation 
equipment and facilities.
    (b) Period of Contracts.--Notwithstanding any other 
provision of law, the Administrator may enter into a contract 
under the program to lease aviation equipment or facilities for 
a period of greater than 5 years.
    (c) Number of Contracts.--The Administrator may not enter 
into more that 10 contracts under the program.
    (d) Types of Contracts.--The contracts to be evaluated 
under the program may include contracts for telecommunication 
services that are provided through the use of a satellite, 
requirements related to oceanic and air traffic control, air-
to-ground radio communications, and air traffic control tower 
construction.

SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING FISCAL 
                    YEARS.

    (a) In General.--Chapter 401 (as amended by section 702(b) 
of this Act) is further amended by adding at the end the 
following:

``Sec. 40126. Severable services contracts for periods crossing fiscal 
                    years

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

``40126. Severable services contracts for periods crossing fiscal 
          years.''.

SEC. 706. PROHIBITIONS ON DISCRIMINATION.

    (a) In General.--Chapter 401 (as amended by section 705 of 
this Act) is further amended by adding at the end the 
following:

``Sec. 40127. Prohibitions on discrimination

    ``(a) Persons in Air Transportation.--An air carrier or 
foreign air carrier may not subject a person in air 
transportation to discrimination on the basis of race, color, 
national origin, religion, sex, or ancestry.
    ``(b) Use of Private Airports.--Notwithstanding any other 
provision of law, no State or local government may prohibit the 
use or full enjoyment of a private airport within its 
jurisdiction by any person on the basis of that person's race, 
color, national origin, religion, sex, or ancestry.''.
    (b) Conforming Amendment.--The analysis for chapter 401 is 
further amended by adding at the end the following:

``40127. Prohibitions on discrimination.''.

SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS.

    (a) In General.--Section 41705 is amended--
            (1) by inserting ``(a) In General.--'' before ``In 
        providing'';
            (2) by striking ``carrier'' and inserting 
        ``carrier, including (subject to section 40105(b)) any 
        foreign air carrier,''; and
            (3) by adding at the end the following:
    ``(b) Each Act Constitutes Separate Offense.--For purposes 
of section 46301(a)(3)(E), a separate violation occurs under 
this section for each individual act of discrimination 
prohibited by subsection (a).
    ``(c) Investigation of Complaints.--
            ``(1) In general.--The Secretary shall investigate 
        each complaint of a violation of subsection (a).
            ``(2) Publication of data.--The Secretary shall 
        publish disability-related complaint data in a manner 
        comparable to other consumer complaint data.
            ``(3) Review and report.--The Secretary shall 
        regularly review all complaints received by air 
        carriers alleging discrimination on the basis of 
        disability and shall report annually to Congress on the 
        results of such review.
            ``(4) Technical assistance.--Not later than 180 
        days after the date of enactment of this subsection, 
        the Secretary shall--
                    ``(A) implement a plan, in consultation 
                with the Department of Justice, the United 
                States Architectural and Transportation 
                Barriers Compliance Board, and the National 
                Council on Disability, to provide technical 
                assistance to air carriers and individuals with 
                disabilities in understanding the rights and 
                responsibilities set forth in this section; and
                    ``(B) ensure the availability and provision 
                of appropriate technical assistance manuals to 
                individuals and entities with rights or 
                responsibilities under this section.''.
    (b) Civil Penalty.--Section 46301(a)(3) (as amended by 
section 504(b) of this Act) is further amended by adding at the 
end the following:
            ``(E) a violation of section 41705, relating to 
        discrimination against handicapped individuals.''.
    (c) Establishment of Higher International Standards.--The 
Secretary shall work with appropriate international 
organizations and the aviation authorities of other nations to 
bring about the establishment of higher standards for 
accommodating handicapped passengers in air transportation, 
particularly with respect to foreign air carriers that code-share with 
air carriers.

SEC. 708. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

    (a) In General.--Section 41706 is amended to read as 
follows:

``Sec. 41706. Prohibitions against smoking on scheduled flights

    ``(a) Smoking Prohibition in Intrastate and Interstate Air 
Transportation.--An individual may not smoke in an aircraft in 
scheduled passenger interstate air transportation or scheduled 
passenger intrastate air transportation.
    ``(b) Smoking Prohibition in Foreign Air Transportation.--
The Secretary of Transportation shall require all air carriers 
and foreign air carriers to prohibit smoking in any aircraft in 
scheduled passenger foreign air transportation.
    ``(c) Limitation on Applicability.--
            ``(1) In general.--If a foreign government objects 
        to the application of subsection (b) on the basis that 
        subsection (b) provides for an extraterritorial 
        application of the laws of the United States, the 
        Secretary shall waive the application of subsection (b) 
        to a foreign air carrier licensed by that foreign 
        government at such time as an alternative prohibition 
        negotiated under paragraph (2) becomes effective and is 
        enforced by the Secretary.
            ``(2) Alternative prohibition.--If, pursuant to 
        paragraph (1), a foreign government objects to the 
        prohibition under subsection (b), the Secretary shall 
        enter into bilateral negotiations with the objecting 
        foreign government to provide for an alternative 
        smoking prohibition.
    ``(d) Regulations.--The Secretary shall prescribe such 
regulations as are necessary to carry out this section.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date that is 60 days after the date of 
enactment of this Act.

SEC. 709. JOINT VENTURE AGREEMENT.

    Section 41720, as redesignated by section 231(b)(1) of this 
Act, is amended by striking ``an agreement entered into by a 
major air carrier'' and inserting ``an agreement between 2 or 
more major air carriers''.

SEC. 710. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING AIR 
                    TRANSPORT.

    (a) In General.--Subchapter I of chapter 417 (as amended by 
section 231(b) of this Act) is further amended by adding at the 
end the following:

``Sec. 41721. Reports by carriers on incidents involving animals during 
                    air transport

    ``(a) In General.--An air carrier that provides scheduled 
passenger air transportation shall submit monthly to the 
Secretary a report on any incidents involving the loss, injury, 
or death of an animal (as defined by the Secretary of 
Transportation) during air transport provided by the air 
carrier. The report shall be in such form and contain such 
information as the Secretary determines appropriate.
    ``(b) Training of Air Carrier Employees.--The Secretary 
shall work with air carriers to improve the training of 
employees with respect to the air transport of animals and the 
notification of passengers of the conditions under which the 
air transport of animals is conducted.
    ``(c) Sharing of Information.--The Secretary and the 
Secretary of Agriculture shall enter into a memorandum of 
understanding to ensure the sharing of information that the 
Secretary receives under subsection (a).
    ``(d) Publication of Data.--The Secretary shall publish 
data on incidents and complaints involving the loss, injury, or 
death of an animal during air transport in a manner comparable 
to other consumer complaint and incident data.
    ``(e) Air Transport.--For purposes of this section, the air 
transport of an animal includes the entire period during which 
an animal is in the custody of an air carrier, from check-in of 
the animal prior to departure until the animal is returned to 
the owner or guardian of the animal at the final destination of 
the animal.''.
    (b) Conforming Amendment.--The analysis for such subchapter 
is further amended by adding at the end the following:

``41721. Reports by carriers on incidents involving animals during air 
          transportation.''.

SEC. 711. EXTENSION OF WAR RISK INSURANCE PROGRAM.

    Section 44310 is amended by striking ``after'' and all that 
follows and inserting ``after December 31, 2003.''.

SEC. 712. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

    Section 44502(a) is amended by adding at the end the 
following:
            ``(5) 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 United States 
                Government in the improvements is protected.''.

SEC. 713. HUMAN FACTORS PROGRAM.

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

``Sec. 44516. Human factors program

    ``(a) Human Factors Training.--
            ``(1) Air traffic controllers.--The Administrator 
        of the Federal Aviation Administration shall--
                    ``(A) address the problems and concerns 
                raised by the National Research Council in its 
                report `The Future of Air Traffic Control' on 
                air traffic control automation; and
                    ``(B) respond to the recommendations made 
                by the National Research Council.
            ``(2) Pilots and flight crews.--The Administrator 
        shall work with representatives of the aviation 
        industry and appropriate aviation programs associated 
        with universities to develop specific training 
        curricula to address critical safety problems, 
        including problems of pilots--
                    ``(A) in recovering from loss of control of 
                an aircraft, including handling unusual 
                altitudes and mechanical malfunctions;
                    ``(B) in deviating from standard operating 
                procedures, including inappropriate responses 
                to emergencies and hazardous weather;
                    ``(C) in awareness of altitude and location 
                relative to terrain to prevent controlled 
                flight into terrain; and
                    ``(D) in landing and approaches, including 
                nonprecision approaches and go-around 
                procedures.
    ``(b) Test Program.--The Administrator shall establish a 
test program in cooperation with air carriers to use model 
Jeppesen approach plates or other similar tools to improve 
precision-like landing approaches for aircraft.
    ``(c) Report.--Not later than 1 year after the date of 
enactment of this section, 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 report on the status of the 
Administration's efforts to encourage the adoption and 
implementation of advanced qualification programs for air 
carriers under this section.
    ``(d) Advanced Qualification Program Defined.--In this 
section, the term `advanced qualification program' means an 
alternative method for qualifying, training, certifying, and 
ensuring the competency of flight crews and other commercial 
aviation operations personnel subject to the training and 
evaluation requirements of parts 121 and 135 of title 14, Code 
of Federal Regulations.''.
    (b) Automation and Associated Training.--Not later than 12 
months after the date of enactment of this Act, the 
Administrator shall complete updating training practices for 
flight deck automation and associated training requirements.
    (c) Conforming Amendment.--The analysis for chapter 445 is 
further amended by adding at the end the following:

``44516. Human factors program.''.

SEC. 714. 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; and
                    ``(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. 715. 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, and ratings held 
        shall be made available to the public after the 120th 
        day following the date of enactment of the Wendell H. 
        Ford 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 Wendell H. Ford Aviation Investment and Reform Act 
        for the 21st Century, the Administrator shall develop 
        and implement, in cooperation with representatives of 
        the aviation industry, a 1-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). The Administrator shall also provide such written 
        notification to each individual who becomes an airman 
        after such date of enactment.''.

SEC. 716. REVIEW PROCESS FOR EMERGENCY ORDERS.

    Section 44709(e) is amended to read as follows:
    ``(e) Effectiveness of Orders Pending Appeal.--
            ``(1) In general.--When a person files an appeal 
        with the Board under subsection (d), the order of the 
        Administrator is stayed.
            ``(2) Exception.--Notwithstanding paragraph (1), 
        the order of the Administrator is effective immediately 
        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.
            ``(3) Review of emergency order.--A person affected 
        by the immediate effectiveness of the Administrator's 
        order under paragraph (2) may petition for a review by 
        the Board, under procedures promulgated by the Board, 
of the Administrator's determination that an emergency exists. Any such 
review shall be requested not later than 48 hours after the order is 
received by the person. If the Board finds that an emergency does not 
exist that requires the immediate application of the order in the 
interest of safety in air commerce or air transportation, the order 
shall be stayed, notwithstanding paragraph (2). The Board shall dispose 
of a review request under this paragraph not later than 5 days after 
the date on which the request is filed.
            ``(4) Final disposition.--The Board shall make a 
        final disposition of an appeal under subsection (d) not 
        later than 60 days after the date on which the appeal 
        is filed.''.

SEC. 717. 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 airports such consortia of government and 
aviation industry representatives as the Administrator may 
designate to provide advice on matters related to aviation 
security and safety. Such consortia shall not be considered 
Federal advisory committees for purposes of the Federal 
Advisory Committee Act (5 U.S.C. App.).''.

SEC. 718. PASSENGER MANIFEST.

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

SEC. 719. 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 services 
        provided 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. 720. 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. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.

    (a) Repeal.--Section 231 of H.R. 3425 of the 106th 
Congress, as enacted into law by section 1000(a)(5) of Public 
Law 106-113, is repealed and the provisions of law amended by 
such section shall be read as if such section had not been 
enacted into law.
    (b) Exemption for Aircraft Modification or Disposal, 
Scheduled Heavy Maintenance, or Leasing-Related Flights.--
Section 47528 is amended--
            (1) in subsection (a) by striking ``subsection 
        (b)'' and inserting ``subsection (b) or (f)'';
            (2) in subsection (e) by adding at the end the 
        following:
    ``(4) An air carrier operating stage 2 aircraft under this 
subsection may transport stage 2 aircraft to or from the 48 
contiguous States on a nonrevenue basis in order--
            ``(A) to 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).''; and
            (3) by adding at the end the following:
    ``(f) Aircraft Modification, Disposal, Scheduled Heavy 
Maintenance, or Leasing.--
            ``(1) In general.--The Secretary shall permit a 
        person to operate after December 31, 1999, a stage 2 
        aircraft in nonrevenue service through the airspace of 
        the United States or to or from an airport in the 
        contiguous 48 States in order to--
                    ``(A) sell, lease, or use the aircraft 
                outside the contiguous 48 States;
                    ``(B) scrap the aircraft;
                    ``(C) obtain modifications to the aircraft 
                to meet stage 3 noise levels;
                    ``(D) perform scheduled heavy maintenance 
                or significant modifications on the aircraft at 
                a maintenance facility located in the 
                contiguous 48 States;
                    ``(E) deliver the aircraft to an operator 
                leasing the aircraft from the owner or return 
                the aircraft to the lessor;
                    ``(F) prepare or park or store the aircraft 
                in anticipation of any of the activities 
                described in subparagraphs (A) through (E); or
                    ``(G) divert the aircraft to an alternative 
                airport in the contiguous 48 States on account 
                of weather, mechanical, fuel, air traffic 
                control, or other safety reasons while 
                conducting a flight in order to perform any of 
                the activities described in subparagraphs (A) 
                through (F).
            ``(2) Procedure to be published.--Not later than 30 
        days after the date of enactment of this subsection, 
        the Secretary shall establish and publish a procedure 
        to implement paragraph (1) through the use of 
        categorical waivers, ferry permits, or other means.
    ``(g) Statutory Construction.--Nothing in this section may 
be construed as interfering with, nullifying, or otherwise 
affecting determinations made by the Federal Aviation 
Administration, or to be made by the Administration with 
respect to applications under part 161 of title 14, Code of 
Federal Regulations, that were pending on November 1, 1999.''.
    (c) Noise Standards for Experimental Aircraft.--
            (1) In general.--Section 47528(a) is amended by 
        inserting ``(for which an airworthiness certificate 
        other than an experimental certificate has been issued 
        by the Administrator)'' after ``civil subsonic 
        turbojet''.
            (2) Regulations.--Regulations contained in title 
        14, Code of Federal Regulations, that implement section 
        47528 of title 49, United States Code, and related 
        provisions shall be deemed to incorporate the amendment 
        made by paragraph (1) on the date of enactment of this 
        Act.
    (d) Waivers for Aircraft Not Complying With Stage 3 Noise 
Levels.--Section 47528(b)(1) is amended--
            (1) in the first sentence by inserting ``or foreign 
        air carrier'' after ``air carrier''; and
            (2) by inserting after ``January 1, 1999,'' the 
        following: ``or, in the case of a foreign air carrier, 
        the 15th day following the date of enactment of the 
        Wendell H. Ford Aviation Investment and Reform Act for 
        the 21st Century''.

SEC. 722. LAND USE COMPLIANCE REPORT.

    Section 47131 is amended--
            (1) by inserting ``(a) General Rule.--'' before 
        ``Not later'';
            (2) by striking ``and'' at the end of paragraph 
        (3);
            (3) by striking the period at the end of paragraph 
        (4) and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(5) a detailed statement listing airports that 
        the Secretary believes 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.
    ``(b) Special Rule for Listing Noncompliant Airports.--The 
Secretary does not have to conduct an audit or make a final 
determination before including an airport on the list referred 
to in subsection (a)(5).''.

SEC. 723. CHARTER AIRLINES.

    Section 41104 is amended--
            (1) by redesignating subsections (b) and (c) as (c) 
        and (d), respectively; and
            (2) by inserting after subsection (a) the 
        following:
    ``(b) Scheduled Operations.--
            ``(1) In general.--An air carrier, including an 
        indirect air carrier, which operates aircraft designed 
        for more than 9 passenger seats, may not provide 
        regularly scheduled 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 to or from an 
        airport that is not located in Alaska and that does not 
        have an operating certificate issued under part 139 of 
        title 14, Code of Federal Regulations (or any 
        subsequent similar regulations).
            ``(2) Definition.--In this paragraph, the term 
        `regularly scheduled charter air transportation' does 
        not include operations for which the departure time, 
        departure location, and arrival location are 
        specifically negotiated with the customer or the 
        customer's representative.''.

SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED.

    (a) Study.--The Administrator shall conduct a study of the 
appropriateness of allowing an airport that agrees to provide 
services to the Federal Emergency Management Agency or to a 
State or local agency in the event of an emergency a credit of 
the value of such services against the airport's local share 
under the airport improvement program.
    (b) Notification.--The Administrator shall notify nonhub 
and general aviation airports that the Administrator is 
conducting the study under subsection (a) and give them an 
opportunity to explain how the credit described in subsection 
(a) would benefit such airports.
    (c) 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). The report shall identify, at a minimum, the 
airports that would be affected by providing the credit 
described in subsection (a), explain what sort of emergencies 
could qualify for such credit, and explain how the costs would 
be quantified to determine the credit against the local share.

SEC. 725. PASSENGER CABIN AIR QUALITY.

    (a) Study of Air Quality in Passenger Cabins in Commercial 
Aircraft.--
            (1) In general.--Not later than 60 days after the 
        date of enactment of this Act, the Administrator shall 
        arrange for and provide necessary data to the National 
        Academy of Sciences to conduct a 12-month, independent 
        study of air quality in passenger cabins of aircraft 
        used in air transportation and foreign air 
        transportation, including the collection of new data, 
        in coordination with the Federal Aviation 
        Administration, to identify contaminants in the 
        aircraft air and develop recommendations for means of 
        reducing such contaminants.
            (2) Alternative air supply.--The study should 
        examine whether contaminants would be reduced by the 
        replacement of engine and auxiliary power unit bleed 
        air with an alternative supply of air for the aircraft 
        passengers and crew.
            (3) Scope.--The study shall include an assessment 
        and quantitative analysis of each of the following:
                    (A) Contaminants of concern, as determined 
                by the National Academy of Sciences.
                    (B) The systems of air supply on aircraft, 
                including the identification of means by which 
                contaminants may enter such systems.
                    (C) The toxicological and health effects of 
                the contaminants of concern, their byproducts, 
                and the products of their degradation.
                    (D) Any contaminant used in the 
                maintenance, operation, or treatment of 
                aircraft, if a passenger or a member of the air 
                crew may be directly exposed to the 
                contaminant.
                    (E) Actual measurements of the contaminants 
                of concern in the air of passenger cabins 
                during actual flights in air transportation or 
                foreign air transportation, along with 
                comparisons of such measurements to actual 
                measurements taken in public buildings.
            (4) Provision of current data.--The Administrator 
        shall collect all data of the Federal Aviation 
        Administration that is relevant to the study and make 
        the data available to the National Academy of Sciences 
        in order to complete the study.
    (b) Collection of Aircraft Air Quality Data.--
            (1) In general.--The Administrator may consider the 
        feasibility of using the flight data recording system 
        on aircraft to monitor and record appropriate data 
        related to air inflow quality, including measurements 
        of the exposure of persons aboard the aircraft to 
        contaminants during normal aircraft operation and 
        during incidents involving air quality problems.
            (2) Passenger cabins.--The Administrator may also 
        consider the feasibility of using the flight data 
        recording system to monitor and record data related to 
        the air quality in passengers cabins of aircraft.

SEC. 726. STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO REDUCE NOISE 
                    LEVELS.

    (a) Development of New Standards.--The Secretary shall 
continue to work to develop through the International Civil 
Aviation Organization new performance standards for aircraft 
and aircraft engines that will lead to a further reduction in 
aircraft noise levels.
    (b) Goals To Be Considered in Developing New Standards.--In 
negotiating standards under subsection (a), the Secretary shall 
give high priority to developing standards that--
            (1) are performance based and can be achieved by 
        use of a full range of certifiable noise reduction 
        technologies;
            (2) protect the useful economic value of existing 
        Stage 3 aircraft in the United States fleet;
            (3) ensure that United States air carriers and 
        aircraft engine and hushkit manufacturers are not 
        competitively disadvantaged;
            (4) use dynamic economic modeling capable of 
        determining impacts on all aircraft in service in the 
        United States fleet; and
            (5) continue the use of a balanced approach to 
        address aircraft environmental issues, taking into 
        account aircraft technology, land use planning, 
        economic feasibility, and airspace operational 
        improvements.
    (c) Annual Report.--Not later than July 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. 727. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEMONSTRATION 
                    PROJECT.

    Not later than 18 months after the date of enactment of 
this Act, the Administrator shall work with the Taos Pueblo to 
study the feasibility of conducting a demonstration project to 
require all aircraft that fly over Taos Pueblo and the Blue 
Lake Wilderness Area of Taos Pueblo, New Mexico, to maintain a 
mandatory minimum altitude of at least 5,000 feet above ground 
level. In conducting the study, the Administrator shall 
determine whether itinerant general aviation aircraft should be 
exempt from any such requirement.

SEC. 728. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

    The Administrator shall not terminate human weather 
observers for Automated Surface Observation System stations 
until--
            (1) the Administrator determines that the system 
        provides consistent reporting of changing 
        meteorological conditions and notifies Congress in 
        writing of that determination; and
            (2) 60 days have passed since the report was 
        transmitted to Congress.

SEC. 729. 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 the 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.--Not later than 30 
days after the date of enactment of this Act, the Administrator 
shall conform any memoranda of agreement, in effect on such 
date of enactment, between the Federal Aviation Administration 
and a person under which that person obtains aircraft 
situational display data to incorporate the requirements of 
subsection (a).

SEC. 730. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY 
                    COMPLAINTS.

    (a) Hiring of Additional Personnel.--For fiscal year 2001, 
the Secretary 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) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $2,000,000 for 
fiscal year 2001.

SEC. 731. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

    The Department of Airports of the city of Los Angeles 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, if the Department of Airports can document or 
provide analysis that granting the easement will benefit the 
Department of Airports or local airport development to an 
extent equal to the value of the easement being granted.

SEC. 732. 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 Federal 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 in 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.
            (3) Consideration.--In making a determination to 
        impose a requirement under paragraph (2)(G), the 
        Administrator shall take into account the unique 
        conditions associated with air travel in the State of 
        Alaska to ensure that such requirements are not unduly 
        burdensome.
    (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.

SEC. 733. 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 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. 734. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.

    (a) Establishment of Panel.--The Administrator--
            (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 Administrator as 
        follows:
                    (A) 3 representatives of labor 
                organizations representing aviation mechanics;
                    (B) 1 representative of cargo air carriers;
                    (C) 1 representative of passenger air 
                carriers;
                    (D) 1 representative of aircraft 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 (d) 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. 735. 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. 736. NATIONAL AIRSPACE REDESIGN.

    (a) Findings.--Congress makes the following findings:
            (1) The national airspace, comprising more than 29 
        million square miles, handles more than 55,000 flights 
        per day.
            (2) Almost 2,000,000 passengers per day traverse 
        the United States through 20 major en route centers, 
        including more than 700 different sectors.
            (3) Redesign and review of the national airspace 
        may produce benefits for the travelling public by 
        increasing the efficiency and capacity of the air 
        traffic control system and reducing delays.
            (4) Redesign of the national airspace should be a 
        high priority for the Federal Aviation Administration 
        and the air transportation industry.
    (b) Redesign.--The Administrator, with advice from the 
aviation industry and other interested parties, shall conduct a 
comprehensive redesign of the national airspace system.
    (c) Report.--Not later than December 31, 2000, 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 report on the Administrator's comprehensive 
national airspace redesign. The report shall include projected 
milestones for completion of the redesign and shall also 
include a date for completion.
    (d) Authorization.--There is authorized to be appropriated 
to the Administrator to carry out this section $12,000,000 for 
each of fiscal years 2000, 2001, and 2002.

SEC. 737. COMPLIANCE WITH REQUIREMENTS.

    Notwithstanding any other provision of law, in order to 
avoid unnecessary duplication of expense and effort, the 
Secretary 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. 738. 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.

SEC. 739. 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 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 
requirementsfor 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 Secretary and the 
Administrator are authorized to grant the city of Cincinnati an 
exemption from the provisions of sections 47107 and 47133 of 
title 49, United States Code, grant obligations of the city of 
Cincinnati, and regulations and policies of the Federal 
Aviation Administration, to the extent necessary to allow the 
city of Cincinnati to use the proceeds from the sale approved 
under subsection (a) for any purpose authorized by the city of 
Cincinnati.

SEC. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN 
                    RESPONDING TO OIL SPILLS.

    (a) Authority.--
            (1) Sale of aircraft and aircraft parts.--
        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 sell, during the period beginning on the 
        date of enactment of this Act and ending September 30, 
        2002, aircraft and aircraft parts referred to in 
        paragraph (2) to a person or entity that provides oil 
        spill response services (including the application of 
        oil dispersants by air) pursuant to an oil spill 
        response plan that has been approved by the Secretary 
        of the Department in which the Coast Guard is 
        operating.
            (2) Aircraft and aircraft parts that may be sold.--
        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; 
                and
                    (B) acceptable for commercial sale.
    (b) Conditions of Sale.--Aircraft and aircraft parts sold 
under subsection (a)--
            (1) shall have as their primary purpose usage for 
        oil spill spotting, observation, and dispersant 
        delivery and may not have any secondary purpose that 
        would interfere with oil spill response efforts under 
        an oil spill response plan; 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, for immediate response efforts for 
        an oil spill outside United States waters that has the 
        potential to threaten United States waters, or for 
        other purposes that are jointly approved by the 
        Secretary of Defense and the Secretary of 
        Transportation.
    (c) Certification of Persons and Entities.--The Secretary 
of Defense may sell aircraft and aircraft parts to a person or 
entity under subsection (a) only if the Secretary of 
Transportation certifies to the Secretary of Defense, in 
writing, before the sale, that the person or entity is capable 
of meeting the terms and conditions of a contract to deliver 
oil spill dispersants by air, and that the overall system to be 
employed by that person or entity for the delivery and 
application of oil spill dispersants has been sufficiently 
tested to ensure that the person or entity is capable of being 
included in an oil spill response plan that has been approved 
by the Secretary of the Department in which the Coast Guard is 
operating.
    (d) Regulations.--
            (1) Issuance.--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 prescribe 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 only 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 
                operators 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 appropriate 
                departments and agencies of the Federal 
                Government regarding alternative requirements 
                for such aircraft and aircraft parts before the 
                sale of such aircraft and aircraft parts under 
                this section.
    (e) Additional Terms and Conditions.--The Secretary of 
Defense may require such other terms and conditions in 
connection with each sale of aircraft and aircraft parts under 
this section as the Secretary considers appropriate for such 
sale. Such terms and conditions shall meet the requirements of 
regulations prescribed under subsection (d).
    (f) Report.--Not later than March 31, 2002, the Secretary 
of Defense shall transmit to the Committees on Armed Services 
and Commerce, Science, and Transportation of the Senate and the 
Committees on National Security and Transportation and 
Infrastructure of the House of Representatives a report on the 
Secretary's exercise of authority under this section. The 
report shall set forth--
            (1) the number and types of aircraft sold under the 
        authority, and the terms and conditions under which the 
        aircraft were sold;
            (2) the persons or entities to which the aircraft 
        were sold; and
            (3) an accounting of the current use of the 
        aircraft sold.
    (g) Statutory Construction.--
            (1) Authority of administrator.--Nothing in this 
        section may be construed as affecting the authority of 
        the Administrator under any other provision of law.
            (2) Certification requirements.--Nothing in this 
        section may be construed to waive, with respect to an 
        aircraft sold under the authority of this section, any 
        requirement to obtain a certificate from the 
        Administrator to operate the aircraft for any purpose 
        (other than oil spill spotting, observation, and 
        dispersant delivery) for which such a certificate is 
        required.
    (h) Proceeds From Sale.--The net proceeds of any amounts 
received by the Secretary of Defense from the sale of aircraft 
and aircraft parts under this section shall be covered into the 
general fund of the Treasury as miscellaneous receipts.

SEC. 741. 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. 742. SPECIALTY METALS CONSORTIUM.

    (a) In General.--The Administrator may work with a 
consortium of domestic metal producers and aircraft engine 
manufacturers to improve the quality of turbine engine 
materials and to address melting technology enhancements.
    (b) Report.--Not later than 6 months after entering into an 
agreement with a consortium described in subsection (a), the 
Administrator shall transmit to Congress a report on the goals 
and efforts of the consortium.

SEC. 743. ALKALI SILICA REACTIVITY DISTRESS.

    (a) In General.--The Administrator may conduct 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. 
The study shall include a determination based on in-the-field 
inspections followed by petrographic analysis or other similar 
techniques.
    (b) Authority To Make Grants.--The Administrator may carry 
out the study by making a grant to, or entering into a 
cooperative agreement with, a nonprofit organization for the 
conduct of all or a part of the study.
    (c) Report.--Not later than 18 months after the date of 
initiation of the study under subsection (a), the Administrator 
shall transmit to Congress a report on the results of the 
study.

SEC. 744. ROLLING STOCK EQUIPMENT.

    (a) In General.--Section 1168 of title 11, United States 
Code, is amended to read as follows:

``Sec. 1168. Rolling stock equipment

    ``(a)(1) The right of a secured party with a security 
interest in or of a lessor or conditional vendor of equipment 
described in paragraph (2) to take possession of such equipment 
in compliance with an equipment security agreement, lease, or 
conditional sale contract, and to enforce any of its other 
rights or remedies under such security agreement, lease, or 
conditional sale contract, to sell, lease, or otherwise retain 
or dispose of such equipment, is not limited or otherwise 
affected by any other provision of this title or by any power 
of the court, except that right to take possession and enforce 
those other rights and remedies shall be subject to section 
362, if--
            ``(A) before the date that is 60 days after the 
        date of commencement of a case under this chapter, the 
        trustee, subject to the court's approval, agrees to 
        perform all obligations of the debtor under such 
        security agreement, lease, or conditional sale 
        contract; and
            ``(B) any default, other than a default of a kind 
        described in section 365(b)(2), under such security 
        agreement, lease, or conditional sale contract--
                    ``(i) that occurs before the date of 
                commencement of the case and is an event of 
                default therewith is cured before the 
                expiration of such 60-day period;
                    ``(ii) that occurs or becomes an event of 
                default after the date of commencement of the 
                case and before the expiration of such 60-day 
                period is cured before the later of--
                            ``(I) the date that is 30 days 
                        after the date of the default or event 
                        of the default; or
                            ``(II) the expiration of such 60-
                        day period; and
                    ``(iii) that occurs on or after the 
                expiration of such 60-day period is cured in 
                accordance with the terms of such security 
                agreement, lease, or conditional sale contract, 
                if cure is permitted under that agreement, 
                lease, or conditional sale contract.
    ``(2) The equipment described in this paragraph--
            ``(A) is rolling stock equipment or accessories 
        used on rolling stock equipment, including 
        superstructures or racks, that is subject to a security 
        interest granted by, leased to, or conditionally sold 
        to a debtor; and
            ``(B) includes all records and documents relating 
        to such equipment that are required, under the terms of 
        the security agreement, lease, or conditional sale 
        contract, that is to be surrendered or returned by the 
        debtor in connection with the surrender or return of 
        such equipment.
    ``(3) Paragraph (1) applies to a secured party, lessor, or 
conditional vendor acting in its own behalf or acting as 
trustee or otherwise in behalf of another party.
    ``(b) The trustee and the secured party, lessor, or 
conditional vendor whose right to take possession is protected 
under subsection (a) may agree, subject to the court's 
approval, to extend the 60-day period specified in subsection 
(a)(1).
    ``(c)(1) In any case under this chapter, the trustee shall 
immediately surrender and return to a secured party, lessor, or 
conditional vendor, described in subsection (a)(1), equipment 
described in subsection (a)(2), if at any time after the date 
of commencement of the case under this chapter such secured 
party, lessor, or conditional vendor is entitled pursuant to 
subsection (a)(1) to take possession of such equipment and 
makes a written demand for such possession of the trustee.
    ``(2) At such time as the trustee is required under 
paragraph (1) to surrender and return equipment described in 
subsection (a)(2), any lease of such equipment, and any 
security agreement or conditional sale contract relating to 
such equipment, if such security agreement or conditional sale 
contract is an executory contract, shall be deemed rejected.
    ``(d) With respect to equipment first placed in service on 
or prior to October 22, 1994, for purposes of this section--
            ``(1) the term `lease' includes any written 
        agreement with respect to which the lessor and the 
        debtor, as lessee, have expressed in the agreement or 
        in a substantially contemporaneous writing that the 
        agreement is to be treated as a lease for Federal 
        income tax purposes; and
            ``(2) the term `security interest' means a 
        purchase-money equipment security interest.
    ``(e) With respect to equipment first placed in service 
after October 22, 1994, for purposes of this section, the term 
`rolling stock equipment' includes rolling stock equipment that 
is substantially rebuilt and accessories used on such 
equipment.''.
    (b) Aircraft Equipment and Vessels.--Section 1110 of title 
11, United States Code, is amended to read as follows:

``Sec. 1110. Aircraft equipment and vessels

    ``(a)(1) Except as provided in paragraph (2) and subject to 
subsection (b), the right of a secured party with a security 
interest in equipment described in paragraph (3), or of a 
lessor or conditional vendor of such equipment, to take 
possession of such equipment in compliance with a security 
agreement, lease, or conditional sale contract, and to enforce 
any of its other rights or remedies, under such security 
agreement, lease, or conditional sale contract, to sell, lease, 
or otherwise retain or dispose of such equipment, is not 
limited or otherwise affected by any other provision of this 
title or by any power of the court.
    ``(2) The right to take possession and to enforce the other 
rights and remedies described in paragraph (1) shall be subject 
to section 362 if--
            ``(A) before the date that is 60 days after the 
        date of the order for relief under this chapter, the 
        trustee, subject to the approval of the court, agrees 
        to perform all obligations of the debtor undersuch 
security agreement, lease, or conditional sale contract; and
            ``(B) any default, other than a default of a kind 
        specified in section 365(b)(2), under such security 
        agreement, lease, or conditional sale contract--
                    ``(i) that occurs before the date of the 
                order is cured before the expiration of such 
                60-day period;
                    ``(ii) that occurs after the date of the 
                order and before the expiration of such 60-day 
                period is cured before the later of--
                            ``(I) the date that is 30 days 
                        after the date of the default; or
                            ``(II) the expiration of such 60-
                        day period; and
                    ``(iii) that occurs on or after the 
                expiration of such 60-day period is cured in 
                compliance with the terms of such security 
                agreement, lease, or conditional sale contract, 
                if a cure is permitted under that agreement, 
                lease, or contract.
    ``(3) The equipment described in this paragraph--
            ``(A) is--
                    ``(i) an aircraft, aircraft engine, 
                propeller, appliance, or spare part (as defined 
                in section 40102 of title 49) that is subject 
                to a security interest granted by, leased to, 
                or conditionally sold to a debtor that, at the 
                time such transaction is entered into, holds an 
                air carrier operating certificate issued 
                pursuant to chapter 447 of title 49 for 
                aircraft capable of carrying 10 or more 
                individuals or 6,000 pounds or more of cargo; 
                or
                    ``(ii) a documented vessel (as defined in 
                section 30101(1) of title 46) that is subject 
                to a security interest granted by, leased to, 
                or conditionally sold to a debtor that is a 
                water carrier that, at the time such 
                transaction is entered into, holds a 
                certificate of public convenience and necessity 
                or permit issued by the Department of 
                Transportation; and
            ``(B) includes all records and documents relating 
        to such equipment that are required, under the terms of 
        the security agreement, lease, or conditional sale 
        contract, to be surrendered or returned by the debtor 
        in connection with the surrender or return of such 
        equipment.
    ``(4) Paragraph (1) applies to a secured party, lessor, or 
conditional vendor acting in its own behalf or acting as 
trustee or otherwise in behalf of another party.
    ``(b) The trustee and the secured party, lessor, or 
conditional vendor whose right to take possession is protected 
under subsection (a) may agree, subject to the approval of the 
court, to extend the 60-day period specified in subsection 
(a)(1).
    ``(c)(1) In any case under this chapter, the trustee shall 
immediately surrender and return to a secured party, lessor, or 
conditional vendor, described in subsection (a)(1), equipment 
described in subsection (a)(3), if at any time after the date 
of the order for relief under this chapter such secured party, 
lessor, or conditional vendor is entitled pursuant to 
subsection (a)(1) to take possession of such equipment and 
makes a written demand for such possession to the trustee.
    ``(2) At such time as the trustee is required under 
paragraph (1) to surrender and return equipment described in 
subsection (a)(3), any lease of such equipment, and any 
security agreement or conditional sale contract relating to 
such equipment, if such security agreement or conditional sale 
contract is an executory contract, shall be deemed rejected.
    ``(d) With respect to equipment first placed in service on 
or before October 22, 1994, for purposes of this section--
            ``(1) the term `lease' includes any written 
        agreement with respect to which the lessor and the 
        debtor, as lessee, have expressed in the agreement or 
        in a substantially contemporaneous writing that the 
        agreement is to be treated as a lease for Federal 
        income tax purposes; and
            ``(2) the term `security interest' means a 
        purchase-money equipment security interest.''.

SEC. 745. GENERAL ACCOUNTING OFFICE AIRPORT NOISE STUDY.

    (a) In General.--The Comptroller General of the United 
States shall conduct a study on airport noise in the United 
States.
    (b) Contents of Study.--In conducting the study, the 
Comptroller General shall examine--
            (1) the selection of noise measurement 
        methodologies used by the Administrator;
            (2) the threshold of noise at which health begins 
        to be affected;
            (3) the effectiveness of noise abatement programs 
        at airports located in the United States;
            (4) the impacts of aircraft noise on communities, 
        including schools;
            (5) the noise assessment practices of the Federal 
        Aviation Administration and whether such practices 
        fairly and accurately reflect the burden of noise on 
        communities; and
            (6) the items requested to be examined by certain 
        members of the House of Representatives in a letter 
        relating to aircraft noise to the Comptroller General 
        dated April 30, 1999.
    (c) Report.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall transmit 
to Congress a report on the results of the study.

SEC. 746. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, ARIZONA.

    (a) In General.--The Administrator 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 
        date of enactment of this Act, the Administrator shall 
        transmit to Congress a report 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. 747. NONMILITARY HELICOPTER NOISE.

    (a) In General.--The Secretary shall conduct a study--
            (1) on the effects of nonmilitary helicopter noise 
        on individuals in densely populated areas in the 
        continental United States; and
            (2) to develop recommendations for the reduction of 
        the effects of nonmilitary helicopter noise.
    (b) Focus.--In conducting the study, the Secretary shall 
focus on air traffic control procedures to address helicopter 
noise problems and shall take into account the needs of law 
enforcement.
    (c) Consideration of Views.--In conducting the study, the 
Secretary shall consider the views of representatives of the 
helicopter industry and organizations with an interest in 
reducing nonmilitary helicopter noise.
    (d) 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 conducted under this 
section.

SEC. 748. 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 
may, 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. 749. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, YAVAPAI 
                    COUNTY, ARIZONA.

    (a) In General.--Notwithstanding the Federal Airport Act 
(as in effect on October 31, 1956) or sections 47125 and 47153 
of title 49, United States Code, and subject to this section, 
the Secretary of Transportation may waive any term contained in 
the deed of conveyance dated October 31, 1956, by which the 
United States conveyed lands to the county of Yavapai, Arizona, 
for use by the county for airport purposes.
    (b) Limitation.--No waiver may be granted under subsection 
(a) if the waiver would result in the closure of an airport.
    (c) Condition.--The county of Yavapai, Arizona, shall agree 
that, in leasing or conveying any interest in property to which 
the deed of conveyance described in subsection (a) relates, the 
county 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.

SEC. 750. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, PINAL COUNTY, 
                    ARIZONA.

    (a) In General.--Notwithstanding the Federal Airport Act 
(as in effect on June 3, 1952) or sections 47125 and 47153 of 
title 49, United States Code, and subject to this section, the 
Secretary of Transportation may waive any term contained in the 
deed of conveyance dated June 3, 1952, by which the United 
States conveyed lands to the county of Pinal, Arizona, for use 
by the county for airport purposes.
    (b) Limitation.--No waiver may be granted under subsection 
(a) if the waiver would result in the closure of an airport.
    (c) Condition.--The county of Pinal, Arizona, shall agree 
that, in leasing or conveying any interest in property to which 
the deed of conveyance described in subsection (a) relates, the 
county 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.

SEC. 751. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION OF HIGHER 
                    EDUCATION IN OKLAHOMA.

    (a) In General.--Notwithstanding any other provision of 
law, including the Surplus Property Act of 1944 (58 Stat. 765, 
chapter 479; 50 U.S.C. App. 1622 et seq.),and subject to the 
requirements of this section, the Secretary (or the appropriate Federal 
officer) may waive, without charge, any of the terms contained in any 
deed of conveyance described in subsection (b) that restrict the use of 
any land described in such a deed that, as of the date of enactment of 
this Act, is not being used for the operation of an airport or for air 
traffic. A waiver made under the preceding sentence shall be deemed to 
be consistent with the requirements of section 47153 of title 49, 
United States Code.
    (b) Deed of Conveyance.--A deed of conveyance referred to 
in subsection (a) is a deed of conveyance issued by the United 
States before the date of enactment of this Act for the 
conveyance of lands to a public institution of higher education 
in Oklahoma.
    (c) Use of Lands Subject to Waiver.--
            (1) In general.--Notwithstanding any other 
        provision of law, the lands subject to a waiver under 
        subsection (a) shall not be subject to any term, 
        condition, reservation, or restriction that would 
        otherwise apply to that land as a result of the 
        conveyance of that land by the United States to the 
        institution of higher education.
            (2) Use of revenues.--An institution of higher 
        education that is issued a waiver under subsection (a) 
        shall use revenues derived from the use, operation, or 
        disposal of that land--
                    (A) for the airport; and
                    (B) to the extent that funds remain 
                available, for weather-related and educational 
                purposes that primarily benefit aviation.
    (d) Condition.--An institution of higher education that is 
issued a waiver under subsection (a), shall agree that, in 
leasing or conveying any interest in land to which the deed of 
conveyance described in subsection (b) relates, the institution 
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.
    (e) Grants.--
            (1) In general.--Notwithstanding any other 
        provision of law, if an institution of higher education 
        that is subject to a waiver under subsection (a) 
        received financial assistance in the form of a grant 
        from the Federal Aviation Administration or a 
        predecessor agency before the date of enactment of this 
        Act, then the Secretary may waive the repayment of the 
        outstanding amount of any grant that the institution of 
        higher education would otherwise be required to pay.
            (2) Eligibility to receive subsequent grants.--
        Nothing in paragraph (1) shall affect the eligibility 
        of an institution of higher education that is subject 
        to that paragraph from receiving grants from the 
        Secretary under chapter 471 of title 49, United States 
        Code, or under any other provision of law relating to 
        financial assistance provided through the Federal 
        Aviation Administration.

SEC. 752. FORMER AIRFIELD LANDS, GRANT PARISH, LOUISIANA.

    (a) In General.--Subject to the requirements of this 
section, the United States may release, without monetary 
consideration, all restrictions, conditions, and limitations on 
the use, encumbrance, or conveyance of certain land located in 
Grant Parish, Louisiana, identified as Tracts B, C, and D on 
the map entitled ``Plat of Restricted Properties/Former Pollock 
Army Airfield, Pollock, Louisiana'', dated August 1, 1996, to 
the extent such restrictions, conditions, and limitations are 
enforceable by the United States, but the United States shall 
retain the right of access to, and use of, that land for 
national defense purposes in time of war or national emergency.
    (b) Conditions.--Any release under subsection (a) shall be 
subject to the following conditions:
            (1) In leasing or conveying any interest in the 
        land with respect to which releases are granted under 
        subsection (a), the party owning the property after the 
        releases shall 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) Any amount so received may be used only for the 
        development, improvement, operation, or maintenance of 
        the airport.

SEC. 753. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.

    (a) In General.--Subject to subsection (b), the Secretary 
may grant a release from any term or condition in a grant 
agreement for the development or improvement of the Raleigh 
County Memorial Airport, West Virginia, if the Secretary 
determines that the property to which the release applies--
            (1) does not exceed 400 acres; and
            (2) is not needed for airport purposes.
    (b) Condition.--The proceeds of the sale of any property to 
which a release under subsection (a) applies shall be used for 
airport purposes.

SEC. 754. IDITAROD AREA SCHOOL DISTRICT.

    Notwithstanding any other provision of law (including 
section 47125 of title 49, United States Code), the 
Administrator of the Federal Aviation Administration, or the 
Administrator of General Services, may convey to the Iditarod 
Area School District without reimbursement all right, title, 
and interest in 12 acres of property at Lake Minchumina, 
Alaska, identified by the Administrator of the Federal Aviation 
Administration, including the structures known as housing units 
100 through 105 and as utility building 301.

SEC. 755. ALTERNATIVE POWER SOURCES FOR FLIGHT DATA RECORDERS AND 
                    COCKPIT VOICE RECORDERS.

    (a) Study.--The Administrator shall conduct a study on the 
need for an alternative power source for on-board flight data 
recorders and cockpit voice recorders.
    (b) Report.--Not later than 120 days after the date of 
enactment of this Act, the Administrator shall transmit to 
Congress a report on the results of the study.
    (c) Coordination With NTSB.--If, before submitting the 
report, the Administrator determines, after consultation with 
the National Transportation Safety Board, that the Board is 
preparing recommendations with respect to the matter to be 
studied under this section and will issue the recommendations 
within a reasonable period of time, the Administrator shall 
transmit to Congress a report containing the Administrator's 
comments on the Board's recommendations rather than conducting 
a separate study under this section.

SEC. 756. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION SYSTEM.

    The Administrator shall develop a national policy and 
related procedures concerning the Terminal Automated Radar 
Display and Information System and sequencing for visual flight 
rule air traffic control towers.

SEC. 757. STREAMLINING SEAT AND RESTRAINT SYSTEM CERTIFICATION PROCESS 
                    AND DYNAMIC TESTING REQUIREMENTS.

    (a) Working Groups.--Not later than 3 months after the date 
of enactment of this Act, the Administrator shall form a 
working group comprised of both government and industry 
representatives to make recommendations for streamlining the 
seat and restraint system certification process and the 16g 
dynamic testing requirements under part 25 of title 14, Code of 
Federal Regulations, to focus on reducing both the cost and the 
length of time associated with certification of aircraft seats 
and restraints.
    (b) Report.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall transmit to 
Congress a report on the findings of the working group.

SEC. 758. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR TRAFFIC 
                    OVER NORTHERN DELAWARE.

    (a) Definition.--The term ``Brandywine Intercept'' means 
the point over Brandywine Hundred in northern Delaware that 
pilots use for guidance and maintenance of safe operation from 
other aircraft and over which most aircraft pass on their East 
Operations approach to Philadelphia International Airport.
    (b) Findings.--Congress makes the following findings:
            (1) The Brandywine Hundred area of New Castle 
        County, Delaware, serves as a major approach causeway 
        to Philadelphia International Airport's East Operations 
        runways.
            (2) The standard of altitude over the Brandywine 
        Intercept is 3,000 feet, with airport scatter charts 
        indicating that within a given hour of consistent 
        weather and visibility aircraft fly over the Brandywine 
        Hundred at anywhere from 2,500 to 4,000 feet.
            (3) Lower airplane altitudes result in increased 
        ground noise.
    (c) Sense of the Senate.--It is the sense of the Senate 
that the Secretary should--
            (1) include northern Delaware in any study of 
        aircraft noise conducted under part 150 of title 14, 
        Code of Federal Regulations, required under the 
        National Environmental Policy Act of 1969 for the 
        redesign of the airspace surrounding Philadelphia 
        International Airport;
            (2) study the feasibility, consistent with safety, 
        of placing the approach causeway for Philadelphia 
        International Airport's East Operations over the 
        Delaware River (instead of Brandywine Hundred); and
            (3) study the feasibility of increasing the 
        standard altitude over the Brandywine Intercept from 
        3,000 feet to 4,000 feet.

SEC. 759. POST FREE FLIGHT PHASE I ACTIVITIES.

    Not later than August 1, 2000, the Administrator shall 
transmit to Congress a definitive plan for the continued 
implementation of Free Flight Phase I operational capabilities 
for fiscal years 2003 through 2005. The plan shall include and 
address the recommendations concerning operational capabilities 
for fiscal years 2003 through 2005 due to be made by the RTCA 
Free Flight Steering Committee in December 1999 that was 
established at the direction of the Federal Aviation 
Administration. The plan shall also include budget estimates 
for the implementation of these operational capabilities.

SEC. 760. SENSE OF CONGRESS REGARDING PROTECTING THE FREQUENCY SPECTRUM 
                    USED FOR AVIATION COMMUNICATION.

    It is the sense of Congress that with the World Radio 
Communication Conference scheduled to begin in May 2000 and the 
need to ensure that the frequency spectrum available for 
aviation communication and navigation is adequate, the Federal 
Aviation Administration, working with appropriate Federal 
agencies and departments, should--
            (1) give high priority to developing a national 
        policy to protect the frequency spectrum used for the 
        Global Positioning System that is critical to aviation 
        communications and the safe operation of aircraft; and
            (2) expedite the appointment of the United States 
        Ambassador to the World Radio Communication Conference.

SEC. 761. LAND EXCHANGES, FORT RICHARDSON AND ELMENDORF AIR FORCE BASE, 
                    ALASKA.

    (a) Conveyance Authorized.--The Secretary of the Interior 
and the Secretaries of the Army, Air Force, or such other 
military departments as may be necessary and appropriate may 
convey to the Alaska Railroad Corporation for purposes of track 
realignment all right, title, and interest of the United States 
in and to approximately 227 acres of land located on Fort 
Richardson and on Elmendorf Air Force Base, Alaska, in the 
vicinity of, and in exchange for all right, title and interest 
of the Alaska Railroad Corporation in, approximately 229 acres 
of railroad right-of-way located between railroad mileposts 117 
and 129.
    (b) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under 
subsection (a) shall be determined by surveys satisfactory to 
each Secretary. The cost of the surveys shall be borne by the 
Alaska Railroad Corporation.
    (c) Additional Terms and Conditions.--Each Secretary may 
require as to the real property under his jurisdiction such 
additional terms and conditions in connection with the 
conveyances under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. The 
interest conveyed by the Alaska Railroad Corporation to the 
United States under subsection (a) shall be the full title and 
interest received by the Corporation under the Alaska Railroad 
Transfer Act of 1982 (45 U.S.C. 1201 et seq.). The individual 
parcels of real property conveyed to the United States under 
this section shall be incorporated into the appropriate land 
withdrawals for the military installation in which they are situated or 
which surround them. The interest conveyed to the Corporation by each 
Secretary under subsection (a) shall be subject to the same 
reservations and limitations under the Alaska Railroad Transfer Act of 
1982 as are currently applicable to the right-of-way for which the land 
is being exchanged.
    (d) Savings Clause.--Nothing in this section affects the 
duties, responsibilities, and liability of the Federal 
Government under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) concerning any lands exchanged under this section.

SEC. 762. BILATERAL RELATIONSHIP.

    (a) Findings.--Congress makes the following findings:
            (1) The current agreement between the United States 
        and the United Kingdom for operating rights between the 
        2 countries, known as Bermuda II, is one of the most 
        restrictive bilateral agreements the United States has 
        with a developed aviation power that provides 
        substantially greater opportunities and has resulted in 
        a disproportionate market share in favor of United 
        Kingdom carriers over United States carriers.
            (2) The United States has attempted in good faith 
        to negotiate a new bilateral agreement, but the United 
        Kingdom has been unwilling to accept or introduce 
        reasonable proposals for a new agreement.
            (3) Because of the United Kingdom's unwillingness 
        to accept reasonable proposals advanced by the United 
        States, the latest rounds of negotiations between the 
        United States and the United Kingdom for new operating 
        rights have failed to produce an agreement between the 
        2 countries.
            (4) The Secretary has the discretionary authority 
        to revoke the exemption held by British carriers to 
        operate the Concorde aircraft into the United States.
    (b) Consideration of Exercising Authority.--The Secretary 
should immediately consider whether exercise of his authority 
to revoke the Concorde exemption would be an appropriate and 
effective response to the present unsatisfactory situation.
    (c) Consideration of Other Remedies.--The Secretary should 
immediately consider whether it would be effective and 
appropriate to execute other remedies available to the United 
States Government, including--
            (1) revoking all slots and slot exemptions held by 
        British air carriers at all United States slot-
        restricted airports;
            (2) rescinding current exemptions or permits under 
        the Bermuda II bilateral to prohibit flights by British 
        carriers to the United States; or
            (3) renunciation of the current Bermuda II 
        bilateral.

             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 2000''.

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 on 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 (as amended by section 706(a) 
of this Act) is further amended by adding at the end the 
following:

``Sec. 40128. Overflights of national parks

    ``(a) In General.--
            ``(1) General requirements.--A commercial air tour 
        operator may not conduct commercial air tour operations 
        over a national park or tribal lands except--
                    ``(A) in accordance with this section;
                    ``(B) in accordance with conditions and 
                limitations prescribed for that operator by the 
                Administrator; and
                    ``(C) in accordance with any applicable air 
                tour management plan for the park or tribal 
                lands.
            ``(2) Application for operating authority.--
                    ``(A) Application required.--Before 
                commencing commercial air tour operations over 
                a national park or tribal lands, a commercial 
                air tour operator shall apply to the 
                Administrator for authority to conduct the 
                operations over the park or tribal lands.
                    ``(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 person submitting the proposal;
                            ``(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.
                    ``(E) Time limit on response to atmp 
                applications.--The Administrator shall make 
                every effort to act on any application under 
                this paragraph and issue a decision on the 
                application not later than 24 months after it 
                is received or amended.
                    ``(F) Priority.--In acting on applications 
                under this paragraph to provide commercial air 
                tour operations over a national park, the 
                Administrator shall give priority to an 
                application under this paragraph in any case in 
                which a new entrant commercial air tour 
                operator is seeking operating authority with 
                respect to that national park.
            ``(3) Exception.--Notwithstanding paragraph (1), 
        commercial air tour operators may conduct commercial 
        air tour operations over a national park under part 91 
        of the title 14, Code of Federal Regulations if--
                    ``(A) such activity is permitted under part 
                119 of such title;
                    ``(B) the operator secures a letter of 
                agreement from the Administrator and the 
                national park superintendent for that national 
                park describing the conditions under which the 
                operations will be conducted; and
                    ``(C) the total number of operations under 
                this exception is limited to not more than 5 
                flights in any 30-day period over a particular 
                park.
            ``(4) Special rule for safety requirements.--
        Notwithstanding subsection (c), an existing commercial 
        air tour operator shall 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 or tribal lands. The 
        Administrator shall make every effort to 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 or tribal land 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 tour operations 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) which may include a finding of no 
        significant impact, an environmental assessment, or an 
        environmental impact statement and the record of 
        decision for the air tour management plan.
            ``(3) Contents.--An air tour management plan for a 
        national park--
                    ``(A) may prohibit commercial air tour 
                operations in whole or in part;
                    ``(B) may establish conditions for the 
                conduct of commercial air tour operations, 
                including commercial air tour routes, maximum 
                or minimum altitudes, time-of-day restrictions, 
                restrictions for particular events, maximum 
                number of flights per unit of time, intrusions 
                on privacy on tribal lands, and mitigation of 
                noise, visual, or other impacts;
                    ``(C) shall apply to all commercial air 
                tour operations within \1/2\ mile outside the 
                boundary of a national park;
                    ``(D) shall include incentives (such as 
                preferred commercial air tour routes and 
                altitudes, relief from caps and curfews) for 
                the adoption of quiet aircraft technology by 
                commercial air tour operators conducting 
                commercial air tour operations at the park;
                    ``(E) shall provide for the initial 
                allocation of opportunities to conduct 
                commercial air tour operations if the 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 or 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 or tribal 
                lands to which the plan applies, 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) 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 or tribal lands for 
        which the operator is an existing commercial air tour 
        operator.
            ``(2) Requirements and limitations.--Interim 
        operating authority granted under this subsection--
                    ``(A) shall provide annual authorization 
                only for the greater of--
                            ``(i) the number of flights used by 
                        the operator to provide the commercial 
                        air tour operations 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 operations 
                        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 tribal lands;
                    ``(F) shall promote protection of national 
                park resources, visitor experiences, and tribal 
                lands;
                    ``(G) shall promote safe commercial air 
                tour operations;
                    ``(H) shall promote the adoption of quiet 
                technology, as appropriate; and
                    ``(I) shall allow for modifications of the 
                interim operating authority based on experience 
                if the modification improves protection of 
                national park resources and values and of 
                tribal lands.
            ``(3) New entrant air tour operators.--
                    ``(A) In general.--The Administrator, in 
                cooperation with the Director, may grant 
                interim operating authority under this 
                paragraph to an air tour operator for a 
                national park or tribal lands for which that 
                operator is a new entrant air tour operator if 
                the Administrator determines the authority is 
                necessary to ensure competition in the 
                provision of commercial air tour operations 
                over the park or tribal lands.
                    ``(B) Safety limitation.--The Administrator 
                may not grant interim operating authority under 
                subparagraph (A) if the Administrator 
                determines that it would create a safety 
                problem at the park or on the tribal lands, or 
                the Director determines that it would create a 
                noise problem at the park or on the tribal 
                lands.
                    ``(C) ATMP limitation.--The Administrator 
                may grant interim operating authority under 
                subparagraph (A) of this paragraph only if the 
                air tour management plan for the park or tribal 
                lands to which the application relates has not 
                been developed within 24 months after the date 
                of enactment of this section.
    ``(d) Exemptions.--This section shall not apply to--
            ``(1) the Grand Canyon National Park; or
            ``(2) tribal lands within or abutting the Grand 
        Canyon National Park.
    ``(e) 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.
    ``(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 or tribal lands; and
                    ``(B) has not engaged in the business of 
                providing commercial air tour operations over 
                the national park or tribal lands in the 12-
                month period preceding the application.
            ``(4) Commercial air tour operation.--
                    ``(A) In general.--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--
                            ``(i) 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
                            ``(ii) less than 1 mile laterally 
                        from any geographic feature within the 
                        park (unless more than \1/2\ mile 
                        outside the boundary).
                    ``(B) Factors to consider.--In making a 
                determination of whether a flight is a 
                commercial air tour operation for purposes of 
                this section, the Administrator may consider--
                            ``(i) whether there was a holding 
                        out to the public of willingness to 
                        conduct a sightseeing flight for 
                        compensation or hire;
                            ``(ii) 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;
                            ``(iii) the area of operation;
                            ``(iv) the frequency of flights 
                        conducted by the person offering the 
                        flight;
                            ``(v) the route of flight;
                            ``(vi) the inclusion of sightseeing 
                        flights as part of any travel 
                        arrangement package offered by the 
                        person offering the flight;
                            ``(vii) whether the flight would 
                        have been canceled based on poor 
                        visibility of the surface below the 
                        route of the flight; and
                            ``(viii) any other factors that the 
                        Administrator and the Director consider 
                        appropriate.
            ``(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 (as 
amended by section 706(b) of this Act) is further amended by 
adding at the end the following:
``40128. Overflights of national parks.''.
    (c) Compliance With Other Regulations.--For purposes of 
section 40126 of title 49, United States Code--
            (1) regulations issued by the Secretary of 
        Transportation and the Administrator under section 3 of 
        Public Law 100-91 (16 U.S.C. 1a-1 note), and
            (2) commercial air tour operations carried out in 
        compliance with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40126.

SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.

    (a) Quiet Technology Requirements.--Within 12 months after 
the date of enactment of this Act, the Administrator shall 
designate reasonably achievable requirements for fixed-wing and 
helicopter aircraft necessary for such aircraft to be 
considered as employing quiet aircraft technology for purposes 
of this section. If the Administrator determines that the 
Administrator will not be able to make such designation before 
the last day of such 12-month period, the Administrator shall 
transmit to Congress a report on the reasons for not meeting 
such time period and the expected date of such designation.
    (b) Routes or Corridors.--In consultation with the Director 
and the advisory group established under section 805, the 
Administrator shall establish, by rule, routes or corridors for 
commercial air tour operations (as defined in section 
40126(e)(4) of title 49, United States Code) by fixed-wing and 
helicopter aircraft that employ quiet aircraft technology for--
            (1) tours of the Grand Canyon originating in Clark 
        County, Nevada; and
            (2) ``local loop'' tours originating at the Grand 
        Canyon National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas 
that will not negatively impact the substantial restoration of 
natural quiet, tribal lands, or safety.
    (c) Operational Caps.--Commercial air tour operations by 
any fixed-wing or helicopter aircraft that employs quiet 
aircraft technology and that replaces an existing aircraft 
shall not be subject to the operational flight allocations that 
apply to other commercial air tour operations of the Grand 
Canyon, provided that the cumulative impact of such operations 
does not increase noise at the Grand Canyon.
    (d) Modification of Existing Aircraft To Meet Standards.--A 
commercial air tour operation by a fixed-wing or helicopter 
aircraft in a commercial air tour operator's fleet on the date 
of enactment of this Act that meets the requirements designated 
under subsection (a), or is subsequently modified to meet the 
requirements designated under subsection (a), may be used for 
commercial air tour operations under the same terms and 
conditions as a replacement aircraft under subsection (c) 
without regard to whether it replaces an existing aircraft.
    (e) Mandate To Restore Natural Quiet.--Nothing in this Act 
shall be construed to relieve or diminish--
            (1) the statutory mandate imposed upon the 
        Secretary of the Interior and the Administrator of the 
        Federal Aviation Administration under Public Law 100-91 
        (16 U.S.C. 1a-1 note) to achieve the substantial 
        restoration of the natural quiet and experience at the 
        Grand Canyon National Park; and
            (2) the obligations of the Secretary and the 
        Administrator to promulgate forthwith regulations to 
        achieve the substantial restoration of the natural 
        quiet and experience at the Grand Canyon National Park.

SEC. 805. 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 a 
        national park or 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 the request of the Administrator and the 
        Director, safety, environmental, and other issues 
        related to commercial air tour operations over a 
        national park or 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. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY 
                    MOUNTAIN NATIONAL PARK.

    Effective beginning on the date of enactment of this Act, 
no commercial air tour operation may be conducted in the 
airspace over the Rocky Mountain National Park notwithstanding 
any other provision of this Act or section 40126 of title 49, 
United States Code.

SEC. 807. 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 of the National Park Service 
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. 808. 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.

SEC. 809. ALASKA EXEMPTION.

    The provisions of this title and section 40128 of title 49, 
United States Code, as added by section 803(a), do not apply to 
any land or waters located in Alaska.

   TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

    Section 48102(a) is amended--
            (1) by striking ``and'' at the end of paragraph 
        (4)(J);
            (2) by striking the period at the end of paragraph 
        (5) and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) for fiscal year 2000, $224,000,000, 
        including--
                    ``(A) $17,269,000 for system development 
                and infrastructure projects and activities;
                    ``(B) $33,042,500 for capacity and air 
                traffic management technology projects and 
                activities;
                    ``(C) $11,265,400 for communications, 
                navigation, and surveillance projects and 
                activities;
                    ``(D) $19,300,000 for weather projects and 
                activities;
                    ``(E) $6,358,200 for airport technology 
                projects and activities;
                    ``(F) $44,457,000 for aircraft safety 
                technology projects and activities;
                    ``(G) $53,218,000 for system security 
                technology projects and activities;
                    ``(H) $26,207,000 for human factors and 
                aviation medicine projects and activities;
                    ``(I) $3,481,000 for environment and energy 
                projects and activities; and
                    ``(J) $2,171,000 for innovative/cooperative 
                research projects and activities, of which 
                $750,000 shall be for carrying out subsection 
                (h);
            ``(7) for fiscal year 2001, $237,000,000; and
            ``(8) for fiscal year 2002, $249,000,000.''.

SEC. 902. INTEGRATED NATIONAL AVIATION RESEARCH PLAN.

    (a) In General.--Section 44501(c) amended--
            (1) in paragraph (2)(B)--
                    (A) by striking ``and'' at the end of 
                clause (iii);
                    (B) by redesignating clause (iv) as clause 
                (v) and inserting after clause (iii) the 
                following:
            ``(iv) identify the individual research and 
        development projects in each funding category that are 
        described in the annual budget request;''
                    (C) by striking the period at the end of 
                clause (v) (as so redesignated) and inserting 
                in lieu thereof ``; and''; and
                    (D) by adding at the end the following:
            ``(vi) highlight the research and development 
        technology transfer activities that promote technology 
        sharing among government, industry, and academia 
        through the Stevenson-Wydler Technology Innovation Act 
        of 1980.''; and
            (2) in paragraph (3) by inserting ``The report 
        shall be prepared in accordance with requirements of 
        section 1116 of title 31.'' after ``effect for the 
        prior fiscal year.''.
    (b) Requirement.--Not later than October 1, 2000, the 
Administrator of the National Aeronautics and Space 
Administration and the Administrator of the Federal Aviation 
Administration shall jointly prepare and transmit to the 
Congress an integrated civil aviation research and development 
plan.
    (c) Contents.--The plan required by subsection (b) shall 
include--
            (1) an identification of the respective research 
        and development requirements, roles, and 
        responsibilities of the National Aeronautics and Space 
        Administration and the Federal Aviation Administration;
            (2) formal mechanisms for the timely sharing of 
        information between the National Aeronautics and Space 
        Administration and the Federal Aviation Administration; 
        and
            (3) procedures for increased communication and 
        coordination between the Federal Aviation 
        Administration research advisory committee established 
        under section 44508 of title 49, United States Code, 
        and the NASA Aeronautics and Space Transportation 
        Technology Advisory Committee.

SEC. 903. INTERNET AVAILABILITY OF INFORMATION.

    The Administrator shall make available through the Internet 
home page of the Federal Aviation Administration the abstracts 
relating to all research grants and awards made with funds 
authorized by the amendments made by this Act. Nothing in this 
section shall be construed to require or permit the release of 
any information prohibited by law or regulation from being 
released to the public.

SEC. 904. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.

    Section 44504(b)(1) is amended by inserting ``, including 
nonstructural aircraft systems,'' after ``life of aircraft''.

SEC. 905. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

    The Administrator shall consider awards to nonprofit 
concrete pavement research foundations to improve the design, 
construction, rehabilitation, and repair of rigid concrete 
airfield pavements to aid in the development of safer, more 
cost-effective, and durable airfield pavements. The 
Administrator may use a grant or cooperative agreement for this 
purpose. Nothing in this section shall require the 
Administrator to prioritize an airfield pavement research 
program above safety, security, Flight 21, environment, or 
energy research programs.

SEC. 906. EVALUATION OF RESEARCH FUNDING TECHNIQUES.

    (a) In General.--The Secretary, in consultation with the 
National Academy of Sciences and representatives of airports, 
shall evaluate the applicability of the techniques used to fund 
and administer research under the National Highway Cooperative 
Research Program and the National Transit Research Program to 
the research needs of airports.
    (b) Report.--The Secretary shall transmit to Congress a 
report on the results of the evaluation conducted under this 
section.

    TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

SEC. 1001. 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, 2003''; 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, Public Law 106-59, or the Wendell 
        H. Ford 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, 2003, in accordance with 
        the provisions of this section.''.
    And the Senate agree to the same.

                                   Bud Shuster,
                                   Don Young,
                                   Thomas E. Petri,
                                   John J. Duncan, Jr.,
                                   Thomas W. Ewing,
                                   Stephen Horn,
                                   Jack Quinn,
                                   Vernon J. Ehlers,
                                   Charles F. Bass,
                                   Edward A. Pease,
                                   John E. Sweeney,
                                   James L. Oberstar,
                                   Nick Rahall,
                                   William O. Lipinski,
                                   Peter DeFazio,
                                   Jerry F. Costello,
                                   Pat Danner,
                                   Eddie Bernice Johnson,
                                   Juanita Millender-McDonald,
                From the Committee on Ways and Means, for 
                consideration of title XI of the House bill, 
                and modifications committed to conference:
                                   Bill Archer,
                                   Phil Crane,
                                   Charles B. Rangel,
                From the Committee on Science, for 
                consideration of title XIII of the Senate 
                amendment, and modifications committed to 
                conference:
                                   Connie Morella,
                                   Ralph M. Hall,
                                 Managers on the Part of the House.
                From the Committee on Commerce, Science, and 
                Transportation:
                                   Ted Stevens,
                                   Conrad Burns,
                                   Slade Gorton,
                                   Trent Lott,
                                   Fritz Hollings,
                                   Daniel K. Inouye,
                                   John D. Rockefeller IV,
                                   John F. Kerry,
                From the Committee on the Budget:
                                   Pete V. Domenici,
                                   Chuck Grassley,
                                   Don Nickles,
                                   Kent Conrad,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 1000) to amend 
title 49, United States Code, to reauthorize programs of the 
Federal Aviation Administration, and for other purposes, submit 
the following joint statement to the House and the Senate in 
explanation of the effect of the action agreed upon by the 
managers and recommended in the accompanying conference report:
      The Senate amendment struck all of the House bill after 
the enacting clause and inserted a substitute text.
      The House recedes from its disagreement to the amendment 
of the Senate with an amendment that is a substitute for the 
House bill and the Senate amendment. The differences between 
the House bill, the Senate amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clerical 
changes.

                             1. Short Title

House Bill
      Section 1: Aviation Investment and Reform Act for the 
21st Century.
Senate Amendment
      Section 1(a): Air Transportation Improvement Act.
Conference Substitute
      Section 1: Wendell H. Ford Aviation Investment and Reform 
Act for the 21st Century.

                       2. Length of authorization

House Bill
      The remainder of 1999 plus 5 years.
Senate Amendment
      The rest of 1999 plus 2000, 2001, 2002.
Conference Substitute
      Except for research title, the length of the 
authorization is 4 years--2000 through 2003.

                          3. AIP Authorization

House Bill
      Section 101: $2.41 billion in FY 99, $2.475 billion in FY 
2000, $4 billion in 2001, $4.1 billion in 2002, $4.25 billion 
in 2003, $4.35 billion in 2004. Amends section 47104(c) in 
order to continue program.
Senate Amendment
      Section 103: FY2000--$2.475 billion, FY2001--$2.410 
billion, FY2002--$2.410 billion.
      Also amends sections 47104(c) to allow DOT to make 
grants.
Conference Substitute
      Section 101 of the conference substitute: $2.475 in 2000, 
$3.2 billion in 2001 increasing $100 million each year 
thereafter. Amends section 47104(c). Subsection (c) allows the 
FAA's operations account to be reimbursed from the AIP program 
for money spent to operate the airport office.

                         4. F & E authorization

House Bill
      Section 102: Such sums as may be necessary in fiscal year 
2000. $2.5 billion in fiscal year 2001. $3 billion in fiscal 
year 2002. $3 billion in fiscal year 2003. $3 billion in fiscal 
year 2004.
Senate Amendment
      Section 102: FY1999--$2.131 billion, FY2000-$2.689 
billion, FY2001-$2.799 billion, FY2002-$2.914 billion. Requires 
the establishment of life cycle cost estimates of ATC 
modernization projects where life cycle cost estimate equals or 
exceeds $50 million.
Conference Substitute
      Section 102: Senate amounts in 2000, $2.66 billion in 
2001, $2.914 billion in 2002, and $2.981 billion in 2003.
      Section 102(e): Life cycle cost estimates from Senate 
bill.
      The managers do not intend that the amounts authorized 
for fiscal year 2001 through 2003 by section 48101 of Title 49 
be used for any programs, projects, or activities that were 
funded in fiscal year 2000 solely in accounts other than the 
Facilities and Equipment Account (Treasury identification 
number 69-8107-0-7-402.

                   5. Universal access systems (UAS)

House Bill
      Section 102(b): Authorizes $8 million for the voluntary 
purchase and installation of UAS.
Senate Amendment
      No Provision.
Conference Substitute
      Section 102(b). Same as House bill. FAA is directed to 
work with organizations representing airports and airline 
pilots to rapidly deploy the continuously-updated data needed 
on approved flight crew members that will allow universal 
access systems to properly operate. Existing systems that 
currently deliver data and other information to airport 
computer systems should be used if they will achieve rapid 
deployment and provide the best cost, benefit, and security of 
standard data. The FAA should partner with industry to develop 
the universal data and standards needed to make such security 
systems quickly available, and utilize digital networks that 
are designed for airport sponsors and therefore maximize the 
incentives to deploy universal security systems on a voluntary 
basis.

   6. Alaska National Airspace Inter-facility Communications System 
                                (ANICS)

House Bill
      Section 102(c): Authorizes $7.2 million from the F&E 
account for this system.
      ANICS is an Air Traffic Satellite Network that provides a 
state-of-the-art-inter-facility communications system for the 
Federal Aviation Administration (FAA) Alaska region. The 
network consists of four hub earth stations and up to 160 
remote sites located throughout Alaska. Capable of providing 
critical air traffic control and safety in one of the harshest 
environments on earth, ANICS replaces an aging legacy system 
that is expensive to operate, limited in range, subject to 
failure, and lacking an existing backup.
Senate Amendment
      No Provision.
Conference Substitute
      Section 102(c). Same as House bill.

 7. Automated Surface Observation System & Automated Weather Observing 
                                 System

House Bill
      Section 102(d): Authorizes such sums as may be necessary 
from the F&E account for upgrades to these systems if the 
upgrade is successfully demonstrated.
      Section 740: Directs FAA to contract with National 
Academy of Sciences (NAS) to study the effectiveness of 
automated weather forecasting systems at flight service 
stations where there is no human weather observer.
Senate Amendment
      Section 106: Prohibits FAA from terminating human weather 
observers for ASOS stations until 60 days after DOT determines 
that the system provides consistent reporting of changing 
weather and notifies Congress in writing of that determination.
      Section 446: Authorizes such sums as may be necessary out 
of F&E account for upgrades to AWOS/ASOS systems, if the 
upgrade is successfully demonstrated.
      No provision on NAS study.
Conference Substitute
      Sections 102(d) and 728: Senate.

                    8. faa operations authorization

House Bill
      Section 103: Authorizes such sums as may be necessary in 
2000. $6.45 billion in fiscal year 2001. $6.886 billion in 
fiscal year 2002. $7.357 billion in fiscal year 2003. $7.86 
billion in fiscal year 2004.
Senate Amendment
      Section 101: FY1999--$5.632 billion, FY2000--$5.784 
billion, at least $9.1 million of which shall be used to 
support air safety efforts through payment of U.S. membership 
obligations. FY2001--$6.073 billion. FY2002--$6.377 billion.
Conference Substitute
      Section 103: $6.6 billion in 2001 and the House 
Operations authorization levels in subsequent years with Senate 
$9.1 million payment for ICAO from Senate bill.

                     9. Wildlife hazard mitigation

House Bill
      Section 103(a)(2)(A): Authorizes $450,000 per year from 
the Operations account for wildlife hazard mitigation measures 
and management of FAA wildlife strike database.
Senate Amendment
      Section 101: Same provision.
Conference Substitute
      Section 103(a): House & Senate.

                       10. University Consortium

House Bill
      Authorizes $2 million per year from the operations 
account for a university consortium to provide an air safety 
and security certificate management program except that the 
money may not be used to construct a building and must be 
awarded competitively.
Senate Amendment
      Section 101: Authorizes $9.1 million for 3 fiscal years 
(starting with FY2000) for the same purpose and with the same 
restrictions.
Conference Substitute
      Section 103(a): Senate provision, beginning in 2001.

              11. General Aviation and Tilt-rotor Aircraft

House Bill
      Section 103(a)(3): Subparagraph (B) authorizes a general 
aviation and vertical flight office in FAA. Subparagraph (C) 
authorizes such sums to revise air traffic control procedures 
to accommodate tilt-rotor aircraft.
Senate Amendment
      No Provision.
Conference Substitute
      Section 103(a): Revise subparagraph (B) of House bill, 
now Subparagraph (C), to read: Such sums as may be necessary to 
support infrastructure systems development for both general 
aviation and the vertical flight industry. Section 103(a): 
House Subparagraph (C).

                         12. runway incursions

House Bill
      Section 103(a)(2)(E): Authorizes $3 million per year to 
implement the 1998 airport surface operations safety plan.
      Section 121 makes runway incursion prevention devices 
eligible for AIP grants and directs that these devices be 
considered safety devices for the purposes of funding 
priorities.
Senate Amendment
      Section 205(m): Specifies that ``integrated in-pavement 
lighting systems for runways and taxiways and other runway and 
taxiway incursion prevention devices'' are considered safety 
devices for purposes of airport development, making them AIP 
eligible.
Conference Substitute
      Section 103(a): House provision but authorizes $3.3 
million in 2000 and $3 million thereafter.
      Section 121: Runway incursion devices as in House and 
Senate bills.

                  13. emergency medical service (EMS)

House Bill
      Section 103(a)(2)(D): Authorizes such sums as may be 
necessary for a helicopter infrastructure to accommodate EMS 
flights to hospitals.
Senate Amendment
      No Provision.
Conference Substitute
      Section 103(a). Same as House bill.

                         14. air cargo security

House Bill
      Section 103(a): Authorizes such sums as may be necessary 
to hire additional inspectors to enhance air cargo security.
Senate Amendment
      No provision.
Conference Substitute
      House.

                         15. Security screeners

House Bill
      Section 103(a)(2)(G): Authorizes such sums as may be 
necessary to develop or improve training programs for security 
screeners at airports.
Senate Amendment
      No provision.
Conference Substitute
      Section 103(a): House bill but with revised language.

                   16. Office of airline information

House bill
      Section 103(d): Authorizes $4 million per year from the 
Trust fund beginning in fiscal year 2001 to fund the Office of 
Airline Information in DOT's Bureau of Transportation 
Statistics.
Senate Amendment
      No provision.
Conference Substitute
      Section 103(b): House.

              17. Floor and cap on AIP discretionary fund

House Bill
      Section 104(a): Eliminates cap on discretionary fund. 
Floor would be the amount needed to ensure letters of intent 
are funded.
Senate Amendment
      Section 201: Eliminates $300 mil cap on discretionary 
fund.
Conference Substitute
      No provision. The cap on the discretionary fund was 
eliminated by section 5 of Public Law 106-6, 113 Stat. 10.

                        18. Entitlement formula

House Bill
      Section 104(b): Beginning in fiscal year 2001, triples 
primary airport entitlement, triples the $500,000 minimum 
entitlement, and eliminates the $22 million entitlement cap.
Senate Amendment
      Section 205(i): Increases the minimum entitlement from 
$500,000 to $650,000 beginning in FY2000.
Conference Substitute
      Section 104: In any fiscal year in which the amounts 
actually available for AIP are at least $3.2 billion, the 
minimum entitlement for primary airports is increased to $1 
million, all other entitlements for primary airports are 
doubled and the primary airport entitlement cap is raised to 
$26 million. If the amount actually made available for AIP were 
less than $3.2 billion, the Senate provision (increasing the 
minimum entitlement to $650,000) would apply, for that fiscal 
year.

 19. Entitlement for primary airports that had experienced a temporary 
              but significant interruption in air service

House Bill
      Section 104(b)(2): FAA shall allow these primary airports 
to get their previous year entitlement if the interruption in 
air service there caused passenger traffic to fall below 
10,000.
Senate Amendment
      Section 205(k): Similar provision. Uses ``may'' rather 
than ``shall.'' Interruptions due to ``an employment action, 
natural disaster, or other event unrelated to the demand for 
air transportation at the affected airport.''
Conference Substitute
      Senate.

                    20. Entitlement for new airports

House Bill
      Section 104(b)(2): Allows new primary airports to get at 
least the minimum entitlement.
Senate Amendment
      No provision.
Conference Substitute
      House. Section 104(a).

                           21. Cargo airports

House Bill
      Section 104(c): Increases the cargo airport entitlement 
from 2.5% to 3% of AIP.
Senate Amendment
      Section 205(j): Same entitlement increase. Removes the 8-
percent limitation on the amount that any one airport can 
receive from the cargo apportionment.
Conference Substitute
      Section 104(b): Senate except the 8% limitation is 
removed only in years when the amount available for AIP is at 
least $3.2 billion.

                         22. state entitlement

House Bill
      Section 104(d): Increased from 18.5% to 20% beginning in 
fiscal year 2001 with corresponding changes in the portion 
going to the territories and possessions. Provides an annual 
entitlement for each general aviation that is equal to \1/5\ of 
the 5-year cost estimate for airport improvements for that 
airport as listed in the NPIAS, to a maximum of $200,000 per 
year.
Senate Amendment
      No provision.
Conference Substitute
      Section 104(c): No change in existing law except in those 
years when the amount available for AIP is at least $3.2 
billion. In those cases, the House entitlement provision is 
adopted but the maximum entitlement for general aviation 
airports is reduced to $150,000.

                    23. Alaska, Puerto Rico, Hawaii

House Bill
      Section 104(e): Allows state entitlement money to be used 
at any public airport in those states, not just general 
aviation airports.
Senate Amendment
      Section 205(a): Same provision.
Conference Substitute
      Section 104(c). House and Senate.

                         24. Airfield pavement

House Bill
      Section 104(g): Allows the use of State highway 
construction standards for airfield pavement at non-primary 
airports served by small aircraft (less than 60,000 pounds 
gross weight) if that will not adversely affect safety or the 
life of the pavement.
      Section 124: Makes pavement maintenance at general 
aviation and small commercial service airports eligible for AIP 
grants.
Senate Amendment
      Section 205(l): Similar provision except limited to 
airports with runways that are 5,000 feet or less. An airport 
taking advantage of this provision cannot apply for AIP funds 
for runway rehab or reconstruction for 10 years.
      Senate section 1306: Directs FAA to consider awards to 
non-profit research foundations to study airfield pavement.
Conference Substitute
      Section 104(c): Senate section 205 but allow an airport 
taking advantage of this provision to apply and receive an AIP 
grant if the FAA determines the rehabilitation or 
reconstruction is necessary for safety.
      Section 123: Adopts House section 124.
      Section 905: Adopts Senate section 1306.

                              25. Planning

House Bill
      Section 104(f): Allows state entitlement money to be used 
for system planning.
Senate Amendment
      No provision.
Conference Substitute
      Section 104(c): House.

                               26. Alaska

House Bill
      Section 104(i): is similar to section 205(b) of the 
Senate bill and section 104(j) is similar to section 205(c) of 
the Senate bill. Both make technical changes suggested by FAA. 
Also, triples the Alaska AIP supplemental entitlement.
Senate Amendment
      Section 205(b): In addition to entitlements and state 
apportionment, clarifies that Alaska is entitled to a 
``supplemental'' apportionment (vs. alternative), available to 
all airports.
      Section 205(c): Removes requirement that FAA can't make a 
grant to an Alaska airport that exceeds 110 percent of the 
Alaska supplemental apportionment in a given year.
      Section 408(d): Permits 12 acres at Lake Minchumina, 
Alaska to be conveyed to Iditarod Area School District.
Conference Substitute
      Section 104(c) and (d): House and Senate.
      Section 104(d): Doubles the Alaska supplemental 
entitlement if the amount available under section 48103 for AIP 
is at least $3.2 billion.
      Section 754: Adopts Senate section 408(d).

                               27. Noise

House Bill
      Section 104(h): Increases noise set-aside from 31% to 34% 
of the discretionary fund. Makes noise mitigation projects 
approved in an environmental record of decision eligible for 
AIP grants.
      Section 157: Allows FAA to make AIP grants for noise 
abatement even if the noise is caused primarily by military 
aircraft.
Senate Amendment
      Section 204: Increases noise set-aside from the 
discretionary fund to 35%.
      Section 212: If any discretionary money is left over at 
the end of the year, it could be used for noise abatement 
activities.
      Section 461: Requires EPA study of aircraft noise, to 
include recommendations for new noise mitigation efforts in 
communities around airports. Sec. 1103 requires similar study 
by GAO.
      Section 506(e)(2): Requires DOT report 3 years following 
the use of the first of the new 30 slot exemptions at O'Hare on 
impact of additional slot exemptions on safety, environment, 
noise, access to underserved markets, and competition at 
O'Hare.
      Section 506(f)(1): Requires DOT to assess impact of DCA 
slot exemptions on safety, noise levels, and the environment, 
to include an environmental assessment with a public meeting.
      Section 506(f)(3): For MWAA to get an AIP grant, it must 
submit written assurance that at least 10 percent of its grants 
will be used for eligible noise compatibility planning and 
programs (as long as funds aren't diverted from high priority 
safety projects). DOT may waive if MWAA in compliance with Part 
150 program. Sunsets in 5 years if MWAA in compliance with Part 
150 program.
      Section 506(f)(4): DOT required to certify biannually 
that at DCA, noise standards, air traffic congestion, airport-
related vehicular congestion, safety standards, and adequate 
air service to small and medium hubs within perimeter have been 
maintained at appropriate levels.
      Section 506(g): Priority for noise set-aside funds given 
to projects at and around LaGuardia, JFK and DCA.
      Section 506(f): Requires DOT study on community noise 
levels around 4 high density airports, comparing pre-1991 noise 
levels to noise levels when all Stage 3 requirements are in 
effect.
      Section 1101: DOT required to collect and publish air 
carrier information regarding carrier's operating practices 
that encourage pilots to follow FAA guidelines on noise 
abatement.
      Section 1102: Requires GAO report on FAA aircraft engine 
noise assessment, including recommendations on new measures for 
FAA to ensure consistent measurement of aircraft engine noise.
      Section 1503: Requires DOT study and report to Congress 
on aspects of transition to Stage 4 noise requirement.
Conference Substitute
      Section 104(e): Increases noise set-aside to 34 percent.
      Section 154 of conference substitute adopts section 157 
from House bill.
      Section 745: In lieu of sections 461 and 1103 of the 
Senate bill, directs GAO to do a study that encompasses the 
items requested by the House in a letter to GAO on 4/30/99 as 
well as the items listed in section 461(b) and the second 
sentence of 1103(a). Study due in one year.
      Section 231(e)-(g): Adopts several noise related 
provisions from the Senate bill involving the four high-density 
airports.

 28. General Aviation Metropolitan Access and Reliever (GAMAR) Airport 
                               Grant Fund

House Bill
      No provision.
Senate Amendment
      Section 460: DOT required to set up a new apportionment 
category and set aside 5 percent of AIP grant funds for general 
aviation metropolitan access and reliever airports, which are 
defined as airports with annual operations exceeding 75,000, 
5,000-feet runways, precision instrument landing procedure, a 
minimum of 150 based aircraft, and where the air carrier 
airports experiences at least 20,000 hours of annual delays. 
The apportionment is distributed to states on a pro rata basis, 
according to the number of operations at its GAMAR airports.
Conference Substitute
      Section 104(f): Set aside of two-thirds of 1 percent of 
the discretionary fund for reliever airports if AIP is at least 
$3.2 billion in a year. The reliever airports that qualify are 
the same as those specified in the Senate bill except the 
minimum number of based aircraft is to be determined by the FAA 
rather than set at 150 as specified in the Senate bill.

                           29. Reprogramming

House Bill
      No provision.
Senate Amendment
      Section 104: DOT shall submit explanation of proposed 
reprogramming to authorizing Committees when required to submit 
them to Appropriations Committees.
Conference Substitute
      Section 105(a): Senate.

                         30. Budget submission

House Bill
      Section 106: FAA shall submit its annual budget estimates 
to the authorizing Committees at the same time it submits them 
to the Appropriations Committees.
Senate Amendment
      Section 906: Requires DOT to submit the FAA-prepared 
budget request to the President, who then transmits it 
unchanged to the House and Senate authorizing and appropriating 
committees, along with the President's own annual budget 
request for the FAA.
Conference Substitute
      No provision as this is already covered by section 48109. 
However, the Managers expect the submission under that section 
to include the line item justification called for in the Senate 
bill.

                         31. AIP eligible items

House Bill
      Sections 122 and 124: Makes emergency call boxes, 
universal access systems, pavement maintenance at non-primary 
airports, closed circuit weather surveillance equipment, and 
windshear detection equipment eligible to be paid for with AIP 
funds. Directs that the runway incursion prevention devices be 
considered safety devices for the purposes of funding 
priorities.
Senate Amendment
      No provision.
Conference Substitute
      Sections 121, 122 of Conference Substitute: House section 
122 to the extent these items are certificated or approved by 
the FAA. Makes FAA-approved stainless steel adjustable lighting 
extensions AIP eligible.
      Section 139 adds a provision permitting the establishment 
of a pilot program under which design-build contracts may be 
used at airports.
      If certified by the Administrator, the Conferees urge the 
Administrator to evaluate the effectiveness of the Light 
Detection and Ranging Technology (LIDAR) which measures 
windshear.
      The Conferees recognize that airports experience 
considerable runway downtime during new construction and runway 
maintenance projects; the Conferees urge the Administrator to 
evaluate whether or not utilizing stainless steel adjustable 
lighting-extensions is effective and if it will minimize runway 
shutdowns.

                    32. enhanced vision technologies

House Bill
      Section 123: Mandates a FAA study of laser, ultraviolet, 
infrared, and cold cathode technologies within 180 days. Makes 
them eligible for AIP funds. Requires FAA to transmit to 
Congress a certification schedule for them within 180 days.
Senate Amendment
      No provision.
Conference Substitute
      Section 124: House but with revised language.

                  33. conveyances of airport property

House Bill
      Section 136: Gives airports priority for receiving 
surplus government property. Requires public notice and comment 
before FAA waives restrictions on the use of airport property. 
Decision must be published in Federal Register and interests of 
users must be taken into account. Also changes references to 
``gifts''.
Senate Amendment
      Section 205(h)(1): Similar provision. Also changes 
references to ``gifts''.
      Section 208: Requires 30 days notice before FAA waives an 
assurance that property will be used for aeronautical purposes.
      Section 408. Rewrites section 47125(a). Authorizes the 
FAA to waive deed restrictions on airport property if the 
property is not needed for airport purposes, the property will 
be used solely to generate revenue for the airport, the FAA 
gives 30 days notice to the original owner of the property, 
provides public notice, justifies the release, and determines 
that it will benefit civil aviation.
Conference Substitute
      Section 125: Adopts section 208 of the Senate bill 
insofar as it requires notice to the public 30 days in advance 
and is effective for any waiver issued on or after the date of 
enactment. The provision is extended to cover FAA actions under 
section 47125 or 47153 of Title 49. After the FAA gives notice 
under this section, it should consider any comments it 
receives.
      Section 135(d) and Section 136: House and Senate on 
priority for receiving surplus property and on references to 
gifts. This section does not apply to surplus property 
transfers covered by the BRAC process based on advice from the 
FAA that current law excludes them.
      Sections 749 and 750: In lieu of section 408 of the 
Senate bill, adopt two specific deed restriction removals, one 
for Pinal and the other for Yavapai, both in Arizona.

                           34. matching share

House Bill
      Section 126: Allows for a Federal share of less than 90% 
at general aviation airports receiving grants under the state 
block grant program.
      Allows for a Federal share of 100% at general aviation 
and non-hub airports in the first year (FY 2001) that the 
higher funding levels are in effect.
Senate Amendment
      Section 203: Allows for a Federal share of less than 90% 
at any general aviation airport.
Conference Substitute
      Section 126: House with respect to its provision on the 
90% Federal share.

                      35. letters of intent (LOIs)

House Bill
      Section 127. The requirement that the project must 
significantly enhance system capacity is limited to LOIs for 
medium or large hub airports.
      Makes clear that an airport need not impose a PFC in 
order to get a letter of intent.
Senate Amendment
      Section 434: Makes clear that an airport need not impose 
a PFC in order to obtain an LOI.
Conference Substitute
      Section 127: House.

                    36. small airport fund set-aside

House Bill
      Section 128: Sets aside $15 million or 20%, whichever is 
less, of the non-hub portion of the small airport fund to help 
these airports meet the new small airport certification 
standards. This set-aside lasts 5 years unless FAA determines 
that all airports have met the certification standards.
Senate Amendment
      No provision.
Conference Substitute
      Section 128(a): House.

                  37. Notification of source of grant

House Bill
      Section 128(b): Requires airports receiving grants from 
the small airport fund to be notified that that is the source 
of the grant.
Senate Bill
      No provision.
Conference Substitute
      House. Section 128(b)

                      38. turbine powered aircraft

House Bill
      Section 128(c): In making grants from the general 
aviation airport portion of the small airport fund, the FAA 
shall give priority to projects that support operations by jet 
aircraft as long as the local share will be at least 40%.
Senate Amendment
      Section 205(n): Same provision.
Conference Substitute
      Section 128(c): House and Senate.

              39. discretionary use of unused entitlements

House Bill
      Section 129: In situations where an airport cannot use 
its entitlement funds during the current fiscal year, this 
section specifies how long the funds are available and changes 
the current law so that the FAA does not have to have 
additional contract authority available at all times to cover 
the carry-over entitlement amount.
Senate Amendment
      No provision.
Conference Substitute
      Section 129: House. The purpose of this provision is to 
allow the temporary conversion of unused AIP entitlement money 
as discretionary money, whether or not, at the time of the 
conversion, the AIP program has already been authorized for the 
following fiscal year.
      Paragraph (1) states that if FAA learns that an airport 
will not use its entitlement money in the current fiscal year, 
FAA may make a discretionary AIP grant to any other airport. In 
effect, this permits a temporary conversion of entitlement 
money into discretionary money.
      Paragraph (2)(A) provides that if FAA makes a 
discretionary grant under paragraph (1), and the current fiscal 
year is the last year of availability of the converted 
entitlement (i.e., the 3rd or 4th year of the term of 
availability under Sec. 47117(b)), the original airport will 
lose that entitlement money. That is, the conversion does not 
extend the entitlement term. However, if the current fiscal 
year is not the last year of that entitlement, the airport will 
get that entitlement money back, when funds become available 
under an authorization.
      Paragraph (2)(B) determines how long that entitlement 
will remain in effect. If the restored entitlement money 
becomes available (under an authorization) in the same fiscal 
year as the fiscal year in which the conversion occurred, or in 
the following fiscal year, there is no change to the 
entitlement term. That is, it remains available to the original 
airport for a total of three or four fiscal years, as provided 
in 49 USC 47117(b). But if the money does not become available 
(under an authorization) until a still later fiscal year, then 
the original entitlement term is extended by the number of 
complete fiscal years during which there was no money, that is, 
the number of complete fiscal years in the authorization lapse.
      Paragraph 3(A) provides that when new money is provided 
under a reauthorization and this new money is used to restore 
an entitlement, the amount that can be used for new 
discretionary grants is reduced by that amount. This is to 
reflect the fact that prior discretionary grants have already 
been made using that amount.
      Paragraph 3(B) allows an amount that has been restored to 
an entitlement to be used again for a discretionary grant if 
the airport associated with the entitlement is still not ready 
to use the entitlement money.
      Paragraph (4) provides that these provisions do not 
create grant authority above that made available under section 
48103.

                         40. military airports

House Bill
      Section 130: Increases number of military airports from 
12 to 15 in 2000 and to 20 thereafter. Requires that at least 
one be a general aviation airport in 2000 and at least three 
thereafter. Allows subsequent designation periods to be less 
than 5 years. Increases the amount that can be spent on 
terminal buildings from $5 million to $7 million. Adds air 
cargo terminals of less than 50,000 square feet to the section 
on eligibility of hangars and increases the amount they are 
eligible to receive from $4 million to $7 million.
      Section 104(h): makes technical change in military 
airport program.
Senate Amendment
      Section 438: Increases number of military airports 
eligible for grants from 12 to 15. Allows subsequent 
designation periods to be shorter than 5 years.
      Section 453: Increases number of military airports 
eligible for grants from 12 to 15. Allows at least one to be a 
general aviation airport.
Conference Substitute
      Section 130: House but limited to 15 airports, only one 
of which may be a general aviation airport. Makes clear that 
joint use airports are eligible by inserting ``the airport is 
used jointly by military and civil aircraft'' at the beginning 
of paragraph (a)(2) of section 47118 of Title 49. Also, makes 
the designation of the general aviation airport permissive by 
changing ``shall'' to ``may'' in the subsection on designation 
of general aviation airport.

                       41. contract tower program

House Bill
      Section 131: Expands the current program by requiring the 
establishment of a program to contract for air traffic control 
services at Level I towers that would not otherwise qualify for 
the contract tower program. Lists factors to be used in 
choosing towers for participation including that the benefit to 
cost ratio is at least .85 and that the tower is at an airport 
where air service is subsidized under the essential air service 
(EAS) program. Requires participating airports to share in the 
cost. Authorizes $6 million per year from the FAA's Operations 
account under section 106(k) of Title 49 for this program.
Senate Amendment
      Section 213: Establishes a pilot program to contract for 
air traffic control services at Level 1 towers that would 
otherwise not qualify for the contract tower program. Lists 
different factors for participation including that the benefit 
to cost ratio is at least 0.5. Allows up to $1.1 million for 
tower construction at not more than 2 airports. Authorizes $6 
million per fiscal year.
Conference Substitute
      Section 131: Adopts 0.5 standard from Senate bill. Adopts 
essential air service provision from House bill.
      Takes the money from section 106(k) as in the House bill.
      Authorizes grants of not more than $1.1 million each to 
two airports for tower construction. These grants would have to 
come from the airports passenger entitlement. The Federal share 
would be limited to 75% of the cost of construction.

                        42. innovative financing

House Bill
      Section 132. Permits Secretary to approve 25 innovative 
financing projects at small hubs or non-hubs limited to the 
following types of projects:
      (1) payment of interest.
      (2) commercial bond insurance.
      (3) flexible non-federal share.
      These cannot give rise to a direct or indirect guarantee 
of any airport debt.
Senate Amendment
      Section 202: Similar provision.
      Limited to 20 projects but not limited to only small hubs 
and non-hubs. Includes, but is not limited to the three types 
of projects in the House bill.
Conference Substitute
      Section 132: House bill limited to 20 projects. A fourth 
type of project is added. It would allow entitlement funds to 
be used to pay off debt incurred before the date of enactment 
on a terminal development project.

       43. inherently low-emission airport vehicle pilot program

House Bill
      Section 134: Directs the Secretary to carry out a pilot 
program at not more than 10 airports using AIP funds to pay for 
the construction of facilities needed by low-emission vehicles, 
the additional cost of purchasing a low emission vehicle, and 
the acquisition of equipment needed for the use of such 
vehicles. Specifies the type of airports that would qualify and 
the criteria to be used in selecting them. Allows a 
participating airport to use 10% of its funds for technical 
assistance. The Federal share is 50%. No airport may receive 
more than $2 million. A report to Congress is required within 
18 months.
Senate Amendment
      Section 444: Similar provision but if not enough 
applications in the non-attainment area, projects can be done 
outside that area. Requires not less than 10% of funds to be 
used for technical assistance. $500,000 for best practices by a 
western regional consortium.
Conference Substitute
      Section 133: Senate provisions except include the House 
provision on 10% for technical assistance and delete the 
$500,000 for the western regional consortium. Add language 
authorizing the FAA to develop materials for dissemination of 
best practices obtained from pilot project and other sources 
for carrying out low-emission vehicle activities.
      This provision authorizes a pilot program under which FAA 
is to issue grants to 10 airports for the acquisition of low 
emission vehicles and supports infrastructure. Unlike other AIP 
grants, the Federal share is 50%. Grant selection should be 
targeted to airports submitting plans that would achieve the 
greatest emissions reductions per dollar of funds provided. 
Qualifying airports should be located in areas not attaining 
federal air quality standards. Grants of up to $2 million per 
airport could be made.
      Grants are designed to assist airports in procuring clean 
vehicles which meet ultra low emission vehicle and Inherently 
Low Emission Vehicle standards and with building the fueling 
infrastructure for these vehicles. It is expected that the 
vehicles will be primarily natural gas or electric. The 
infrastructure and related equipment eligible for funding is 
intended to be primarily alternative fuel stations and vehicle 
charging stations.

                      44. Airport Security Program

House Bill
      Section 133: Requires Secretary to carry out at least one 
project to test and evaluate innovative aviation security 
systems. Specifies who qualifies, which projects get priority, 
and the Federal share. Authorizes $5 million per year.
Senate Amendment
      Section 105: Similar provision.
Conference Substitute
      Section 134. Senate provision.

                            45. PFC waivers

House Bill
      Section 135(b): Allows an airport to request that the PFC 
be waived (A) for passengers enplaned by a class of airlines if 
the number of enplanements by the airlines in the class 
constitute less than 1% of the total number of passengers at 
the airport and (B) for passengers flying to an airport that 
has less than 2,500 passengers per year and is in a community 
that has less than 10,000 people and is not connected to the 
National Highway System.
Senate Amendment
      Section 205(g): Similar provision except that (B) makes 
waiver permissible for passengers flying to an airport that has 
fewer than 2,500 passengers per year or is in a community that 
has fewer than 10,000 people and is not connected to the 
National Highway System or vehicular way.
      Section 205(f): Prohibits PFC on flights or flight 
segments between 2 or more points in Hawaii.
Conference Substitute
      Section 135: Senate with modifications including adding a 
provision as follows: A State, political subdivision of a 
State, or authority of a State or political subdivision that is 
not the eligible agency may not tax, regulate, or prohibit or 
otherwise attempt to control in any manner, the imposition or 
collection of a passenger facility fee or the use of the 
revenue from the passenger facility fee.

          46. terminal development at former primary airports

House Bill
      Section 135(a): Allows an airport to continue to get 
grants for terminal development under a multiyear agreement 
even if it falls below 10,000 annual enplanements.
Senate Amendment
      Section 205(d): Allows a primary airport to get grants 
from discretionary fund according to a multiyear agreement, 
even if the airport becomes a nonprimary airport.
Conference Substitute
      Section 135(c). Senate. Adds a provision providing the 
same treatment for commercial service airports that become non-
commercial service airports.

                       47. Intermodal connections

House Bill
      Section 137: Encourages the development of intermodal 
connections and makes airport construction or the purchase of 
capital equipment for intermodal connections eligible for AIP 
grants.
Senate Amendment
      No provision.
Conference Substitute
      Section 137: House with revised language.

                     48. State Block grant program

House Bill
      Section 138: Increases the number of state block grant 
states from 9 to 10.
Senate Amendment
      No provision.
Conference Substitute
      Section 138: House but not effective until October 1, 
2001.

                    49. Eligibility for PFC Funding

House Bill
      Section 151: Treats the shell of the building and fueling 
facilities as ``related'' to gates so that the shell and 
fueling facilities are eligible to be built using PFCs.
Senate Amendment
      Section 210: Allows an airport to use passenger facility 
charges (PFC's) to fund the shell of a terminal building and 
adjacent fueling if that would enable additional air service to 
be provided by a carrier that has less than 50% of the 
passengers at the airport.
Conference Substitute
      Section 151: Similar to House and Senate provisions but 
with revised language.

                     50. Terminal development costs

House Bill
      Section 152: (1) Allows non-hub and small hub airports 
that carried out terminal development after August 1, 1986 to 
use PFC money to repay the costs if passenger levels declined 
16% between 1989 and 1997.
      (2) Allows non-hub and small hub airports that carried 
out terminal development between the specified dates to use 
entitlement funds to help pay off the debt incurred for such 
development.
      (3) Directs the Secretary to make the determination of 
whether an airport is a commercial service airport (for the 
purpose of eligibility for discretionary grants for terminal 
development) on the basis of the type of air service and number 
of passenger in the current year or preceding year, whichever 
is most beneficial to the airport.
Senate Amendment
      No provision.
Conference Substitute
      Section 152: Adopts the House on (1) and (3) only. 
Provision number (2) is addressed in section 132, the 
innovative financing provision, which is described in item 42 
above.

                           51. ILS inventory

House Bill
      Section 153(a): Requires $30 million to be used for 
instrument landing systems (ILS's) from 2000 to 2002.
Senate Amendment
      Section 102(b): Requires that at least $30 million be 
spent annually out of F&E account to purchase and install ILS's 
on an expedited basis, fiscal years 1999 through 2002.
Conference Substitute
      Section 153 adopts House provision.

          52. Loran-C and Wide Area Augmentation System (WAAS)

House Bill
      Section 153(b): Requires Loran-C to be maintained and 
upgraded.
Senate Amendment
      Section 410: FAA shall develop WAAS to provide navigation 
and landing approach capabilities for civilian use. Until FAA 
certifies that WAAS is a sole means navigation system, backup 
system must be maintained.
Conference Substitute
      No Provision.

                         53. Competition plans

House Bill
      Section 125: Beginning in fiscal year 2001, requires 
medium and large hub airports that are dominated by 1 or 2 
airlines to file competition plans before they can get AIP 
grants or approval for new PFCs.
Senate Amendment
      No provision.
Conference Substitute
      Section 155: House with revisions. Beginning in 2001, 
certain airports cannot get approval for a new passenger 
facility charge (PFC) or receive an AIP grant unless the 
airport has submitted a competition plan to the Secretary. 
Lists the contents of that plan. The airports affected by this 
requirement are medium and large hub airports at which one or 
two carriers have more than half of the passenger enplanements. 
The underlying purpose of the competition plan is for the 
airport to demonstrate how it will provide for new entrant 
access and expansion by incumbent carriers. By forcing the 
airport to consider this, it would be more likely to direct its 
AIP or PFC money to that end. It is not the Managers intent 
that the competition plan be challenged in court in order to 
slow down or stop an airport improvement project. Nor should 
competition projects take precedence over safety or security 
ones. However, within the class of non-safety projects, those 
that would enhance competition should usually be given 
priority.

                54. Rural aviation improvement in Alaska

House Bill
      No provision.
Senate Amendment
      Section 412: (1) When changing its rules affecting 
intrastate aviation in Alaska, FAA shall consider the extent to 
which Alaska relies on aviation and shall establish the 
appropriate regulatory distinctions.
      (2) Authorizes $2 million and directs the FAA to install 
closed circuit weather surveillance equipment at no less than 
15 rural Alaskan airports and provides for the dissemination of 
this information to pilots.
      (3) Requires the development and implementation of a 
``mike-in-hand'' weather observation program in Alaska under 
which near real time weather information will be provided to 
pilots.
      (4) Authorizes $4 million for runway lighting and weather 
reporting systems at remote airports in Alaska to implement the 
CAPSTONE project.
Conference Substitute
      Section 156: Includes rulemaking directive and ``mike-in-
hand'' provisions ((1) and (3)) from the Senate bill.

                     55. Pavement conditions report

House Bill
      Section 735: Requires a report within 18 months on the 
impact of alkali Silica reactivity distress on airport runways 
and taxiways and on ways to mitigate and prevent that distress.
      Section 156: Directs FAA to study the use of recycled 
materials in airport pavement. One year and $1.5 million is 
provided for the study.
Senate Amendment
      Section 211: FAA shall evaluate options for improving the 
information available on pavement conditions and report to 
Congress in 12 months.
      Section 443: Authorizes FAA study on extent of alkali 
silica reactivity-induced pavement distress in concrete 
runways, taxiways and aprons.
      Section 1308: Requires DOT study on the applicability of 
techniques used to fund and administer research under the 
National Highway Cooperative Research Program and the National 
Transit Research Program, to the research needs of airports.
Conference Substitute
      Section 157 of the Conference substitute adopts House 
section 156.
      Section 160 adopts Senate section 211.
      Section 743: House and Senate provisions on Alkali 
Silica.
      Section 906 adopts Senate section 1308 but requires DOT 
to consult with the National Academy of Sciences and 
appropriate industry organizations.

                      56. Construction of runways

House Bill
      Section 155: Allows AIP grants for construction of 
runways notwithstanding any other provision of law.
Senate Amendment
      No provision.
Conference Substitute
      Section 158 adopts House provision.

                   57. Timely announcement of grants

House Bill
      Section 158: Requires DOT to announce AIP grants in a 
timely fashion after receiving the necessary documents from 
FAA.
Senate Amendment
      No provision.
Conference Substitute
      Section 159(a) adopts House provision.
      Section 159(b) adds a provision stating that if any 
Committee of Congress is given advance notice of an AIP grant, 
House Transportation and Infrastructure Committee and Senate 
Commerce Committee must get the same notice at the same time.

                       58. Capacity enhancements

House Bill
      No provision.
Senate Amendment
      Section 206: DOT must report in 9 months on efforts to 
implement, and time frame for implementation, of capacity 
enhancements, both technical and procedural, such as precision 
runway monitoring systems.
Conference Substitute
      Section 161 adopts Senate provision.

                        59. Discretionary grants

House Bill
      No provision.
Senate Amendment
      Section 207: FAA should give lower priority to requests 
for discretionary grants from airports that have used 
entitlement grants for projects that have a lower priority than 
the projects for which discretionary funds are sought.
Conference Substitute
      Section 162: Senate.

              60. Passenger facility charge (PFC) increase

House Bill
      Section 105: Allows FAA to approve a PFC up to $6 if the 
higher PFC will pay for a project that will make a significant 
contribution to safety, security, increased competition, 
reduced congestion, or reduced noise and that project cannot be 
expected to be paid for from AIP. Airports can utilize the 
higher PFC for surface or terminal projects only if the airside 
needs of the airport are being paid for. Medium or large hub 
airports charging the higher PFC must give back 75% of their 
entitlement.
      Entitlement reductions occur in the first fiscal year 
following the year in which the collection of the PFC began.
Senate Amendment
      No provision.
Conference Substitute
      Section 105: House but allow FAA to approve a PFC only up 
to $4.50.
      The section also holds harmless an airport that moves 
from a small hub to medium hub status. It states that such an 
airport should not receive less in AIP entitlement and PFC 
revenue as a medium hub than it received in such revenue as a 
small hub. This could occur because, as a medium hub, it would 
have to turn back half its entitlement. This provision would 
reduce the amount of its turn-back to ensure that it does not 
end up with less money.
      Under the law governing passenger facility charges, FAA 
is directed to prescribe regulations which establish the 
portion of a PFC which the airlines may retain to reimburse 
them for their necessary and reasonable expenses in collecting 
and handling the fees. The law specifically requires that the 
airline fee be net of any interest accruing to the airline 
after the collection and before remittance of the fee to the 
airport. A number of air carriers have communicated to the 
conferees their views that the cost of collection allowed by 
current FAA regulations, $.08, is to low. While the Conferees 
did not evaluate the correctness of these claims, we believe 
that the airlines should be given the opportunity to 
demonstrate their correctness in a rulemaking proceeding. As 
soon as the airlines submit the evidence necessary for 
evaluation of their claim the FAA shall make its final decision 
within 189 days.

               61. Policy for air service to rural areas

House Bill
      Section 204: Adds to the list of policies--ensuring that 
consumers in all regions including small communities and rural 
and remote areas have access to affordable scheduled air 
service.
Senate Amendment
      No provision.
Conference Substitute
      Section 201. Adopts section 204 of House bill.

                    62. Waiver of local contribution

House Bill
      Section 203: Permits 2 small communities to receive 
subsidized essential air service without having to pay a local 
share.
Senate Amendment
      Section 503(c): Similar provision (applies to Dickinson, 
ND, and Fergus Falls, MN).
Conference Substitute
      Section 202: House and Senate.

                  63. Air Service Development program

House Bill
      Section 202: Provides $25 million in contract authority 
from the Trust Fund for grants to underserved airports (defined 
as nonhubs or small hubs with insufficient air service or 
unreasonably high air fares (more than 19 cents per mile)) to 
help them market and promote their air service. In making 
grants, priority should be given airports that put up a local 
share from non-aviation revenue sources.
Senate Amendment
      Sections 501-504: DOT shall establish a 4-year program 
administered by a program director who shall work with 
communities and carriers, ensure that data is collected, 
provide an annual report to Congress, select up to 40 
communities to participate in an $80 million program to improve 
air service at small communities. This program is limited to 
communities where a public-private partnership exists and that 
are willing to put up at least 25% of the cost. The program 
director may make grants of not more than $500,000 per year to 
small communities (no more than 4 in one state) to assist 
communities improve their air service. The program director 
also may help ensure that gates are available and facilitate 
joint fare arrangements. $80 million is authorized for this 
program.
Conference Substitute
      Section 203: Subsection (a) requires DOT to establish a 
pilot program to help improve air service to airports not 
receiving sufficient air service. Subsection (b) sets forth the 
application requirements for a community or group of 
communities that want to participate in the program. The 
application should include information justifying the 
community's need to participate in the program. Subsection (c) 
describes the criteria for participation. In order to 
participate, a community must be a non-hub or small hub with 
insufficient air service or unreasonably high airfares. The 
total number of communities or groups of communities that can 
participate is limited to no more than 4 in any one state and 
no more than 40 overall. Priority should be given to 
communities that have high air fares, will provide a local 
share of the cost, will establish a public-private partnership 
to facilitate airline service, and where assistance will 
provide material benefits to a broad segment of the traveling 
public. The local share should not come from airport revenues. 
DOT and the communities are given flexibility as to the types 
of programs that will best serve to improve service at the 
local airport. Marketing and promotion of air service is 
encouraged. Any direct subsidy to an air carrier is limited to 
3 years. DOT should designate an official responsible for this 
program. DOT should take action to ensure that interested 
communities and Members of Congress are aware of the name and 
title of the official so designated.

                 64. EAS Preservation at Dominated Hubs

House Bill
      No provision.
Senate Amendment
      Section 465: If reliable and competitive EAS service is 
jeopardized at a large hub where one carrier has more than 50 
percent of the annual enplanements, DOT is authorized to 
require the dominant air carrier to take action to enable the 
EAS provider to offer reliable and competitive service. Action 
includes interline agreements, ground services, subleasing of 
gates.
Conference Substitute
      Section 204: Similar to the Senate provision but limited 
to service to large hubs where one carrier has more than 60 
percent of the total annual enplanements.

                       65. Mandatory interlining

House Bill
      No provision.
Senate Amendment
      Section 310: Requires a major airline that interlines 
with any carrier at a large hub in the 48 States where it (or 
another airline) carries 50% of the passengers, to interline 
within 30 days of a request with carriers offering service to a 
community in the section 41743 program (air service program for 
small communities) and that meet certain requirements. DOT must 
review any agreement and the agreement may be terminated if the 
other party fails to meet its terms.
Conference Substitute
      No provision.

             66. Determination of distance from hub airport

House Bill
      Section 205: In making a determination as to whether a 
community is eligible for essential air service under the 
distance criteria, DOT shall measure the distance using the 
most commonly used highway route between the community and the 
hub airport.
Senate Amendment
      No provision.
Conference Substitute
      Section 205 adopts House provision with modified 
language.

                        67. Sense of Senate, EAS

House Bill
      No provision.
Senate Amendment
      Section 462: Sense of the Senate that retaining EAS 
service in small communities is difficult, FAA should consider 
relieving Dickinson (ND) of its EAS match requirement. Requires 
DOT report on retaining EAS, to focus on North Dakota.
Conference Substitute
      Section 206: Senate.

                    68. Study of marketing practices

House Bill
      No provision.
Senate Amendment
      Section 505: With 180 days, DOT shall review the 
marketing practices of air carriers that may inhibit the 
availability of air service to small and medium communities. If 
DOT finds marketing practices that inhibit service, DOT may 
issue rules to address the problem.
Conference Substitute
      Section 207: Senate.

                    69. Airline marketing disclosure

House Bill
      No provision.
Senate Amendment
      Section 430: Requires DOT to issue a rule in 90 days to 
provide better notice of the actual name of the airline 
providing the transportation. The Secretary may take into 
account the proposed rules previously issued.
Conference Substitute
      No provision. This issue has already been addressed by a 
DOT rulemaking at 64 FR 12838, March 15, 1999.

                             70. e-tickets

House Bill
      No provision.
Senate Amendment
      Section 507: Airlines must notify passengers of the 
expiration of their electronic tickets.
Conference Substitute
      Section 221: Senate. It is the intention of the Manager 
that oral notice at time of purchase is sufficient 
notification.

                      71. Airline Customer Service

House Bill
      No provision.
Senate Amendment
      Title XIV: Airline customer service plans to be submitted 
to DOT. DOT to transmit a copy of each plan to authorizing 
committees. DOT IG to monitor the implementation of each plan, 
and evaluate and report on how each airline is living up to its 
commitment. IG status report due 6/15/00. Final report due 12/
31/00. Directs DOT to initiate rulemaking within 30 days of 
enactment to increase domestic baggage liability limit. Penalty 
for violations of aviation consumer laws and regulations 
increased from $1,100 to $2,500 per violation. GAO directed to 
study ``hidden city'' and ``back-to-back'' ticketing to 
determine the effect of allowing these practices on consumers 
and small communities. Authorizes annual appropriations from 
the trust fund of between $2.3 and $2.6 mil (FY00-FY03) for the 
DOT to enforce airline consumer protections.
Conference Substitute
      Section 222-226: Senate, but don't specify that the money 
for the DOT consumer office is to come out of the Trust Fund. 
Also add a reference to section 41705 (preventing 
discrimination against the handicapped) as one of the 
responsibilities of the DOT consumer office. The final report 
due at the end of the year should also include a comparison of 
the customer service of airlines that submitted plans to DOT 
with those that did not submit such plans. DOT's recent action 
raising the baggage liability limit could satisfy the directive 
in section 225.

                  72. Airline Quality Service Reports

House Bill
      No provision.
Senate Amendment
      Section 463: DOT required to modify Airline Service 
Quality Performance Reports (14 CFR Part 234) to disclose more 
accurately the reasons for air travel delays and cancellations. 
The categories and reporting requirements to be determined by 
FAA, in consultation with airline passengers, air carriers, and 
airport operators.
Conference Substitute
      Section 227: Senate but revised to direct the Secretary 
to modify the airline service quality performance reports 
required under 14 CFR 234 to more fully disclose to the public 
the nature and source of delays and cancellations experienced 
by air travelers. The Secretary is directed to establish a task 
force within 90 days of the date of enactment of this Act 
including FAA officials and representatives of airline 
consumers and air carriers to develop alternatives and criteria 
for such change. Such modifications shall include a means for 
DOT a report, and a requirement that air carriers submit 
information, on delays and cancellations in categories that 
reflect the reasons for such delays and cancellations.

73. Commission to Ensure Consumer Information and Choice in the Airline 
                                Industry

House Bill
      No provision.
Senate Amendment
      Title XII: Commission to study consumer access to 
information about the products and services of the airline 
industry, the effect on the marketplace of the emergence of new 
means of distributing such products and services, the effect on 
consumers of the declining financial condition of travel 
agents, and the impediments imposed by the airline industry on 
distributors. The study shall include policy recommendations to 
help consumers. Prescribes membership on commission. Initial 
report 6 months after appointments, commission disbanded 30 
days after final report.
      Title XVI: Duplicate provision.
Conference Substitute
      Section 228: Establishes a commission to study the 
financial condition of travel agents, especially small travel 
agents. The Commission should study whether the financial 
condition of travel agents is declining, what effect this will 
have on consumers, if any, and what, if anything, should be 
done about it.

                          74. loan guarantees

House Bill
      Section 211: Authorizes funding for loan guarantees and 
other credit instruments for the purchase of regional jets to 
serve underserved communities.
Senate Amendment
      Section 508: Study of such a loan guarantee program 
within 2 years.
Conference Substitute
      Section 210: House.

                      75. deregulation commission

House Bill
      No provision.
Senate Amendment
      Section 454: Establishes a commission to study the impact 
of airline deregulation on small communities. 15 members, 5 
appointed by President (one from rural area), 3 by Senate 
Majority Leader, 2 by Senate Minority Leader, 3 by House 
Speaker, and 2 by House Minority Leader. 2 of House appointees 
from rural area, 2 of Senate appointees from rural area. 
Appointment 60 days after enactment, 1st meeting within 30 days 
later. $950,000 authorized for FY 2000. Commission disbanded 90 
days after report, which is due 18 months after enactment.
Conference Substitute
      No provision.

                         76. slots in new york

House Bill
      Section 210(a):
      (a) Effective March 1, 2000, slot restrictions are 
eliminated for new or additional regional jet service. Regional 
jets are defined as those with 70 or fewer seats.
      (b) Effective January 1, 2007, slot restrictions are 
eliminated entirely.
Senate Amendment
      Section 506: Eliminates the high density rule (HDR) at 
LaGuardia and JFK, effective 2007.
      Establishes a 45-day turnaround for all slot exemption 
applications. If DOT does not act on application within 45 
days, it is deemed to be approved. If DOT asks for additional 
information within 10 days of receipt of application, 45 days 
is tolled until DOT receives information. Clarifies that 
exemptions can't be bought or sold. DOT directed to treat 
commuter carriers equally for purposes of slot exemption 
applications. Eliminates the ``exceptional circumstances'' 
criterion for new entrant/limited incumbent slot exemption 
requests. Limited incumbents redefined as those carriers that 
hold or operate 20 or fewer slots at a high-density airport. 
Regional jets defined as aircraft having between 30 and 50 
seats. Clarifies that nothing affects FAA authority for safety 
and movement of air traffic.
      Carriers required to continue serving small hub and 
nonhub (and smaller) airports where the carrier provides this 
service on or before date of enactment using slot exemptions or 
slots issued for specific-city service, until 2 years after the 
HDR lifted at LaGuardia and JFK. Doesn't apply if carrier can 
demonstrate loss on the route to DOT.
      Regional jets would be eligible for slot exemptions for 
service to airports with fewer than two million annual 
enplanements. In addition, (1) there could be no more than 1 
carrier already providing nonstop service to that airport from 
LaGuardia/JFK; and (2) exemption would only be available for 
new service in the market (carrier adding a frequency, or 
upgrading from turboprop to regional jet).
      Section 509: DOT to require FAA to provide commercially 
reasonable times for new entrant/limited incumbent and regional 
jet slot exemptions granted at LaGuardia and JFK.
      Section 101(b): The new slot exemption authority doesn't 
affect DOT's authority under any other provision of law.
Conference Substitute
      Section 231: General provisions. DOT must act on slot 
exemption requests within 60 days. If additional information is 
requested by DOT, the 60 days is tolled until the information 
is received. If DOT fails to act within 60 days, the exemption 
is granted. Exemptions may not be bought, sold, leased, or 
otherwise transferred. For the purpose of determining whether 
an airline qualifies as a new entrant or limited incumbents for 
receiving slot exemptions, DOT shall count the slots and slot 
exemptions of both that airline and any other airline that it 
has a code-share agreement at that airport. The limitation in 
current law allowing the grant of slot exemptions to new 
entrants only in exceptional circumstances is deleted. The 
maximum number of slots or slot exemptions that an airline can 
have and still qualify as a limited incumbent is raised from 12 
to 20. Nothing in the slot exemption sections of this bill 
should be construed as affecting the FAA's authority to act to 
further its safety mission or air traffic control 
responsibilities. To the extent that DOT has discretion over 
the award of slot exemptions, it may consider whether the 
airline seeking the exemption will be using U.S. manufactured 
aircraft. This would not apply where the airline is proposing 
to use a type of aircraft for which there is not a competing 
U.S. manufacturer.
      New York specific provisions. Slot restrictions at New 
York are eliminated after January 1, 2007. In the interim, DOT 
is directed to provide exemptions from the slot rules to any 
airline flying to the two New York airports if it will use 
aircraft with 70 seats or less and will (1) provide service to 
a small hub or non-hub that it did not previously serve, (2) 
provide additional flights to a small hub or non-hub that it 
currently serves, or (3) provide service with a regional jet to 
a small hub or non-hub as a replacement for a prop plane. 
Providing exemptions for a regional jet replacement will free 
up a slot for service to another community. DOT is also 
directed to grant exemptions to new entrants and limited 
incumbents for service to New York. Exemptions can be granted 
only for operations with Stage 3 aircraft. Airlines that have 
been flying to New York from a small hub or non-hub under a 
previous exemption cannot terminate that service before July 1, 
2003 unless DOT finds that the airline is suffering excessive 
losses on that route.

                          77. slots at chicago

House Bill
      Section 201:
      (a) Effective immediately, 20 slot exemptions per day 
shall be granted for service to airports not receiving 
sufficient air service or with unreasonably high airfares 
(which is defined as an airport where the average yield is more 
than 19 cents per mile.)
      (b) Effective immediately, 30 slot exemptions shall be 
granted for new entrants (those with less than 20 slots).
      (c) If within 180 days, there are insufficient 
applications for the 50 slot exemptions above, the exemptions 
may be granted to any airline for service to any community 
although those exemptions could be withdrawn if additional 
applications are received. Procedures are established for 
applications and for the treatment of commuter airlines that 
have agreements with other carriers.
      (d) Effective immediately, slots cannot be taken away 
from a U.S. airline and given to any other airline to provide 
international service.
      (e) Effective on March 1, 2000, slot restrictions are 
eliminated for international air service and U.S. airlines can 
convert their international slots to domestic service.
      (f) Effective March 1, 2000, slot restrictions are 
eliminated for new or additional regional jet service. Regional 
jets are defined as those with 70 or fewer seats.
      (g) Effective March 1, 2001, slot restrictions are 
eliminated except between 2:15 p.m. and 8:15 p.m.
      (h) Slot restrictions are eliminated entirely on March 1, 
2002.
Senate Amendment
      Section 506: Establishes a 45-day turnaround for all slot 
exemption applications. If DOT does not act on application 
within 45 days, it is deemed to be approved. If DOT asks for 
additional information within 10 days of receipt of 
application, 45 days is tolled until DOT receives information. 
Clarifies that exemptions can't be bought or sold. DOT directed 
to treat commuter carriers equally for purposes of slot 
exemption applications. Eliminates the ``exceptional 
circumstances'' criterion for new entrant/limited incumbent 
slot exemption requests. Limited incumbents redefined as those 
carriers that hold or operate 20 or fewer slots at a high-
density airport. Regional jets defined as aircraft having 
between 30 and 50 seats. Clarifies that nothing affects FAA 
authority for safety and movement of air traffic.
      Carriers required to continue serving small hub and 
nonhub (and smaller) airports where the carrier provides this 
service on or before date of enactment using slot exemptions or 
slots issued for specific-city service, until four years after 
the HDR lifted at O'Hare. Doesn't apply if carrier can 
demonstrate loss on the route to DOT.
      DOT required to grant 30 slot exemptions over a 3-year 
period. Stage 3 aircraft must be used. 18 exemptions must be 
used for underserved airports (non-hub or small hub), of which 
at least 6 shall be used for commuter purposes. 12 exemptions 
shall be used by air carriers. Before granting the exemptions, 
DOT must do an environmental review, determine whether capacity 
is available and can be used safely, give 30 days notice and 
consult with local officials.
      132 slot cap on EAS slots at O'Hare doesn't apply to new 
slot exemptions made available at O'Hare.
      Secton 101(b): The new slot exemption authority doesn't 
affect DOT's authority under any other provision of law.
Conference Substitute
      Section 231: The general provisions described above for 
New York also apply at Chicago. In addition, slot restrictions 
at Chicago are eliminated after July 1, 2002. On July 1, 2001, 
slot restrictions will apply only between 2:45 p.m. and 8:14 
p.m. DOT is directed to provide exemptions from the slot rules 
to any airline flying to Chicago O'Hare airport if it will use 
aircraft with 70 seats or less and will (1) provide service to 
a small hub or non-hub that it did not previously serve, (2) 
provide additional flights to a small hub or non-hub that it 
currently serves, or (3) provide service with a regional jet to 
a small hub or non-hub as a replacement for a prop plane. 
Providing exemptions for a regional jet replacement will free 
up one slot for service to another community for every 2 
exemptions granted and used. This slot that is freed up by the 
regional jet replacement must be taken away if the airline 
drops the regional jet service or replaces it with a prop 
plane. DOT is also directed to grant 30 exemptions to new 
entrants and limited incumbents for service to Chicago. These 
new entrant exemptions must be granted within 45 days. Slots 
will no longer be needed in order to provide international 
service at O'Hare. However, the Secretary may limit access in 
those cases where the foreign country involved does not provide 
the same kind of open access for U.S. airlines. DOT is 
prohibited from withdrawing slots from U.S. airlines in order 
to give them to foreign airlines. Any slot previously withdrawn 
from U.S. airlines and given to a foreign airline must be 
returned to the U.S. airline. Slots held by U.S. airlines to 
provide international service can be converted to domestic use. 
Airlines that have been flying to Chicago from a small hub or 
non-hub under a previous exemption cannot terminate that 
service before July 1, 2003 unless DOT finds that the airline 
is suffering excessive losses on that route. Exemptions can be 
granted only for operations with Stage 3 aircraft.

               78. slots and perimeter at reagan national

House Bill
      Section 201(b):
      (a) Effective immediately, 6 slot exemptions shall be 
granted per day for service to airports not receiving 
sufficient air service or with unreasonably high airfares 
(which is defined as an airport where the average yield is more 
than 19 cents per mile.)
      (b) If within 180 days, there are insufficient 
applications for the 50 slot exemptions above, the exemptions 
may be granted to any airline for service to any community 
although those exemptions could be withdrawn if additional 
applications are received. Procedures are established for 
applications and for the treatment of commuter airlines that 
have agreements with other carriers.
Senate Amendment
      Section 506: Establishes a 45-day turnaround for all slot 
exemption applications. If DOT does not act on application 
within 45 days, it is deemed to be approved. If DOT asks for 
additional information within 10 days of receipt of 
application, 45 days is tolled until DOT receives information. 
Clarifies that exemptions can't be bought or sold. DOT directed 
to treat commuter carriers equally for purposes of slot 
exemption applications. Limited incumbents redefined as those 
carriers that hold or operate 20 or fewer slots at a high-
density airport. Regional jets defined as aircraft having 
between 30 and 50 seats. Clarifies that nothing affects FAA 
authority for safety and movement of air traffic.
      12 slot exemptions shall be granted inside the perimeter 
to airlines serving medium hub or smaller airports. Exemptions 
shall be distributed in a manner consistent with the promotion 
of air transportation by (1) new entrants and limited 
incumbents, (2) to communities without service to DCA, (3) to 
small communities, or by (4) providing competitive service on a 
monopoly route to DCA.
      12 perimeter rule/slot exemptions established for service 
beyond the 1,250-mile perimeter. To qualify, carriers would 
have to demonstrate that proposed service provides domestic 
network benefits or increases competition by new entrant air 
carriers.
      Stage 3 aircraft must be used and no more than 2 
exemptions per hour can be granted.
      Section 456: These new slot exemptions at DCA can't 
increase operations at DCA between 10:00 p.m. and 7:00 a.m.
      Section 101(b): The new slot exemption authority doesn't 
affect DOT's authority under any other provision of law.
Conference Substitute
      Section 231: DOT is directed to grant 12 slot exemptions 
within the perimeter. It is also directed to grant 12 slot 
exemptions outside the perimeter based on certain specified 
findings. These slots could go to more than one airline. Stage 
3 aircraft must be used. The exemptions must be for flights 
between 7 a.m. and 10 p.m. There can be no more than 2 additional 
flights per hour. Of the flights within the perimeter, 4 must be to 
small hubs or non-hubs and 8 must be to medium, small, or non-hubs. All 
requests for exemptions must be submitted within 30 days of enactment. 
Fifteen days are allowed to comment on the requests. After that, 45 
days are allowed for DOT to make a decision. Ten percent of the 
entitlement money at Reagan National Airport must go to noise 
abatement. Priority shall be given to applications from the 4 slot-
controlled airports for noise set-aside money. DOT shall do a study 
comparing noise at these 4 airports now as compared to 10 years ago.
      The definition of limited incumbent air carrier includes 
slots and slot exemptions held or operated by that carrier. 
However, under section 41714(h)(5), slots that are on a long-
term lease for a period of 10 years or more, being used for 
international service, and that the current holder releases and 
renounces any right to subject to the terms of the lease shall 
not be counted as slots either held or operated for the 
purposes of determining whether the holder is a limited 
incumbent.

         79. metropolitan washington airports authority (mwaa)

House Bill
      Section 718: Extends the deadline for reauthorizing MWAA 
from 2001 to 2004. Also, eliminates the requirement that the 
additional Federal Directors be appointed before MWAA can 
receive AIP grants or impose a new PFC.
Senate Amendment
      Title X: Eliminates the requirement that the additional 
Federal Directors be appointed before MWAA can receive AIP 
grants or impose a new PFC.
Conference Substitute
      Section 231(h) and (i) adopt the House and Senate 
provisions.

                80. air traffic control oversight board

House Bill
      Section 301 to 303: Establishes a 9-member Board to 
review and approve FAA's air traffic control (ATC) 
modernization program (including procurements over $100 
million), the appointment of a Chief Operating Officer and 
senior executives of the ATC system, any ATC reorganization, 
any cost accounting and financial management structure, the 
performance of employees, and the ATC budget. The 9 members 
shall be composed of 6 non-Federal members appointed for 5 
years plus the DOT Secretary, the FAA Administrator, and an air 
traffic employee union head. The Chief Operating Officer would 
be appointed for a 5-year term.
      Section 304. Allows initial appointments to be made by 
the president, but requires all subsequent appointments to be 
made by the DOT Secretary.
Senate Amendment
      Section 907(c): Chairman of the Management Advisory 
Council (MAC) to establish an Air Traffic Services Subcommittee 
to review and comment on: the performance of COO and senior 
managers within FAA air traffic organization, long range and 
strategic plans for air traffic services, Administrator's 
selection and compensation of senior air traffic executives, 
any major FAA reorganization, FAA cost allocation system and 
financial management, and performance of managers responsible 
for major acquisition projects.
      Section 906(a): Administrator to appoint COO for a 5-year 
term. COO is eligible for a 50 percent-of-pay bonus at 
Administrator's discretion.
      Section 907(a), (b): Similar provision on MAC.
      Section 908: Secretary may give FAA Administrator a 50 
percent-of-pay bonus.
Conference Substitute
      Section 301-304: The Management Advisory Council (MAC) is 
retained. Initial appointments of 10 aviation industry 
representatives and one union leader will be made by the 
President and confirmed by the Senate. After that, appointments 
will be made by the Secretary of Transportation. They are 
appointed for 3 years except the union leader who is appointed 
only while head of the union.
      There will be five additional members appointed by the 
Secretary within 3 months of the date of enactment of this Act. 
These 5 members should represent the public and not have an 
interest in or be involved in an aviation business. They would 
have to meet the public interest criteria of the House bill. 
They should have a background in management, customer service, 
information technology, organizational development, or labor 
relations. They are appointed for 5 years and can only be 
reappointed once. These 5 members will form the Air Traffic 
Services Subcommittee. This Subcommittee will oversee the air 
traffic control system. It will be responsible for reviewing 
and approving certain actions, plans, appointments (including 
the FAA Administrator's appointment of a Chief Operating 
Officer), budget requests, salaries, and large contracts. The 
Subcommittee shall select its Chairman who shall serve a 2-year 
term. It shall meet at least quarterly and shall file an annual 
report. If the Subcommittee identifies a problem in the air 
traffic control system that is not being adequately addressed, 
it shall report the matter to the FAA Administrator, the MAC, 
and the Congress. If the Administrator agrees with the report, 
action shall be taken on it within 60 days. If the 
Administrator disagrees, a report to that effect must be filed 
with the president and the Congress. GAO shall report to 
Congress on whether this new management structure is improving 
the performance of the air traffic control system.
      Neither the Secretary nor the Administrator is on the MAC 
or the Subcommittee. The union member described in the House 
bill is on the MAC but not the ATC Subcommittee.
      The FAA Administrator appoints a Chief Operating Officer 
(COO) for a 5-year term with the approval of the Air Traffic 
Services Subcommittee. The COO reports to the Administrator and 
can receive the same salary as the Administrator plus a 
possible 30% performance bonus. This bonus shall be based on 
how well the COO meets the performance goals that are 
established by the Administrator and COO in consultation with 
the Air Traffic Services Subcommittee. Includes COO's authority 
from Senate bill.

              81. air traffic modernization pilot program

House Bill
      No provision.
Senate Amendment
      Section 911: Authorizes a FAA-industry joint venture 
pilot program to accelerate investment in ATC facilities and 
equipment. The nonprofit Air Traffic Modernization Association 
to help airports arrange lease and debt financing of eligible 
projects. Prescribes an executive panel for the Association. 
Association can borrow and lend funds, $500 mil total 
capitalization for FY2000-2002. No single project can exceed 
$50 mil. Authorizes FAA payments to Association. Allows 
airports to use Association payments to meet local matching 
requirements of airport grants. Report to authorizing 
committees within 3 years of Association's establishment. FAA 
authorized $1.5 million for its share of Association's 
organizational and administrative costs.
Conference Substitute
      Section 304: Agree to a 10 project pilot cost-sharing 
program to encourage nonfederal investment in air traffic 
control modernization programs. Limits FAA participation to 
one-third of project costs and $15 million per project.

                    82. Regulatory approval process

House Bill
      Section 306: Raises from $100 million to $250 million the 
threshold that would trigger Secretarial review of a FAA 
regulation. It also limits the type of regulations that would 
be considered significant enough to justify Secretarial review.
Senate Amendment
      No provision.
Conference Substitute
      Section 305 adopts House provision.

                83. Failure to meet rulemaking deadline

House Bill
      Section 308: Requires FAA to notify Congress if it misses 
the deadline in the law for responding to a rulemaking 
petition, issuing a notice of proposed rulemaking, or issuing a 
final rule.
Senate Amendment
      No provision.
Conference Substitute
      Section 306: In lieu of House provision, require FAA to 
write a letter to the authorizing Committees on February 1 and 
August 1 of each year with the information described by the 
House bill.

             84. Whistleblower protection for FAA employees

House Bill
      Section 503: Adds the enforcement procedures in 5 U.S.C. 
Chapter 12.
Senate Amendment
      Section 419(b): The same provision with slightly 
different wording.
Conference Substitute
      Section 307: House. Also moves the personnel and 
procurement reform sections from the Appropriations Act into 
Title 49.

                     85. Procurement Integrity Act

House Bill
      Section 309: Imposes section of Procurement Integrity Act 
(with certain adjustments) that restricts the conduct of 
business and information disclosed between Federal employees 
and government contractors. Penalties can be imposed if 
contractor bid and proposal information or source selection 
information is exchanged for anything of value or results in an 
unfair competitive advantage.
Senate Amendment
      Section 415: Same or similar provision.
Conference Substitute
      Section 307(b): Senate.

                          86. Personnel reform

House Bill
      Section 705(a): Provides that the 60-day period for 
congressional resolution of a dispute between the FAA and one 
of its unions does not include a period during which Congress 
has adjourned sine die.
Senate Amendment
      No provision.
Conference Substitute
      Section 308(a): House.

               87. merit systems protection board (mspb)

House Bill
      Section 705: Permits an FAA employee subject to an 
adverse personnel action to contest it either through 
contractual grievance procedures, FAA internal procedures, or 
by appeal to the MSPB.
Senate Amendment
      Section 424: Permits appeals to the MSPB.
Conference Substitute
      Section 308(b): House and Senate.

                    88. Study of FAA cost allocation

House Bill
      Section 307: Requires the DOT inspector general (IG) to 
conduct an assessment to ensure that FAA's cost allocations are 
appropriate. Specifies what the IG is to study. Requires annual 
reports for 5 years starting on 12/31/00. Authorizes $1.5 
million.
Senate Amendment
      Section 414: Requires the DOT inspector general (IG) to 
conduct or contract out an assessment to ensure that FAA's cost 
allocations are appropriate. Specifies what the IG is to study. 
Final report due in 300 days of contract award. Authorizes such 
sums as may be necessary.
      Section 910: By 7/9/00, FAA must report to authorizing 
committees on its cost allocation system now under development, 
to include specific dates for completion and implementation. 
DOT IG to assess the cost allocation system with own staff, or 
contract it out, and also assess FAA's cost and performance 
management. Updated report from IG by 12/31/00. FAA is required 
to include information in its annual financial report that 
would allow users to judge FAA's progress in increasing 
productivity.
Conference Substitute
      Section 309: House includes the general authorization in 
the Senate amendment rather than the specific authorization in 
the House bill.
      Section 311 adopts section 910(a) of the Senate bill. It 
requires a report on the FAA's cost allocation system.

                     89. environmental streamlining

House Bill
      Section 305: Requires DOT to develop and implement a more 
expedited environmental review process similar to the one in 
TEA 21.
Senate Amendment
      No provision.
Conference Substitute
      Section 310: Requires DOT to conduct a study of Federal 
environmental requirements related to the planning and approval 
of airport improvement projects. The purpose of the study would 
be to determine if there are ways to streamline the 
environmental review process for such projects. A report is due 
in one year.

                         90. Oceanic ATC system

House Bill
      No provision.
Senate Amendment
      Section 416: Requires FAA to report on plans to modernize 
the oceanic air traffic control system.
Conference Substitute
      Section 312: Senate but put in management reform Title.

91. Technical clarifications to existing ban on lawyer solicitation of 
                                families

House Bill
      Section 401(a): Extends the ban to accidents involving 
foreign airlines in the U.S. Extends ban to associates, agents, 
employees or other representative of a lawyer.
      Extends ban from 30 to 45 days.
      Includes enforcement provision.
Senate Amendment
      No provision.
Conference Substitute
      Section 401(a): House.

                92. Counseling services after accidents

House Bill
      Section 401(b): Prohibits states from preventing out of 
state mental health workers of the designated organization from 
providing counseling services for 30 days (which can be 
extended for an additional 30 days after accident.
Senate Amendment
      No provision.
Conference Substitute
      Section 401(b): House.

                       93. Non-revenue passengers

House Bill
      Section 401(c) and 403(a): Extends protections of Family 
Assistance Act to people aboard aircraft who are not paying 
passengers.
Senate Amendment
      No provision.
Conference Substitute
      Section 401(c) and 403(a): House.

             94. Technical change to Family Assistance Act

House Bill
      Section 401(d) and 402(c): Moves a freestanding provision 
into Title 49.
Senate Amendment
      No provision.
Conference Substitute
      Section 401(d) and 402(c): House.

               95. U.S. Airline disaster assistance plans

House Bill
      Section 402(a): Requires U.S. airlines to update their 
plans by adding--
            Assurance that they will inform family whether 
        relative had reservation on the flight.
            Assurance that airline employees will receive 
        adequate training in disaster assistance.
            Assurance that if the airline volunteers assistance 
        to U.S. citizens in the U.S. involving a crash outside 
        the U.S., it will consult with the NTSB and the State 
        Department.
Senate Amendment
      No provision.
Conference Substitute
      Section 402(a): House.

                      96. Limitation on Liability

House Bill
      Section 402(b): Protects U.S. airlines from liability if 
they inadvertently give inaccurate information to a family 
about a flight reservation.
Senate Amendment
      No provision.
Conference Substitute
      Section 402(b): House but replaces the term ``flight 
reservation'' with the term ``preliminary passenger manifest''. 
The terms have essentially the same meaning but preliminary 
passenger manifest is the term already used in new section 
4113(b)(14) of Title 49.

             97. Foreign airline disaster assistance plans

House Bill
      Section 403: Requires foreign airlines to update their 
plans by adding an assurance that their employees will receive 
adequate training in disaster assistance and will consult with 
the NTSB and the State Department if the airline volunteers 
assistance to U.S. citizens in the U.S. involving a crash 
outside the U.S.
Senate Amendment
      No provision.
Conference Substitute
      Section 403: House.

                 98. Death on the High Seas Act (DOHSA)

House Bill
      Section 404: Amends Title 49 to make DOHSA inapplicable 
to airline accidents. This applies to any lawsuit that has not 
been decided by a court or settled.
Senate Amendment
      Section 431: Amends DOHSA in the event of a commercial 
aviation accident to allow recovery of nonpecuniary damages for 
wrongful death (loss of care, comfort and companionship). For 
all beneficiaries of the decedent either (1) up to $750,000 
adjusted for inflation in the case of commercial aviation 
accidents, or (2) the pecuniary loss sustained, whichever is 
greater. No punitive damages. Includes inflation adjustment. 
Applies to any death after July 16, 1996.
Conference Substitute
      Consistent with Executive Order 5928, December 27, 1988, 
the territorial sea for aviation accidents is extended from a 
marine league to 12 miles. The effect of this is that the Death 
on the High Seas Act will not apply to planes that crash into 
the ocean within 12 miles from the shore of the United States. 
The law governing accidents that occur between a marine league 
and 12 miles from land will be the same as those that now occur 
less than a marine league from land. For those accidents that 
occur more than 12 miles from land, the Death on the High Seas 
Act will continue to apply. However, in those cases the Act is 
modified as in the Senate bill except that there is no $750,000 
cap on damages.

               99. Emergency locator transmitters (ELTs)

House Bill
      Under current law, ELTs are required on turboprop 
aircraft with certain exceptions.
      House Bill: Section 510--Requires ELTs on small turbojet 
aircraft with the following exceptions (similar to those in 
current law)--
            Aircraft used in scheduled flights by certificated 
        scheduled airlines;
            Aircraft used in training operations within 50 
        miles of the airport;
            Aircraft used for design, testing, manufacture, 
        preparation and delivery;
            Aircraft used in R&D if the aircraft holds the 
        necessary certificate;
            Aircraft used for showing compliance, crew 
        training, exhibition, air racing, and market surveys;
            Aircraft used for agricultural spraying;
            Aircraft with a maximum payload capacity of more 
        than 7,500 pounds when used for commercial passenger or 
        cargo air service.
            Aircraft capable of carrying only one person such 
        as ultra-light aircraft.
      Specifies the type of ELT that must be used and directs 
the issuance of regulations and the effective date of those 
regulations as 1/1/2002.
Senate Amendment
      Section 404: The following exceptions to current ELT 
requirements are eliminated: turbojet-powered aircraft, 
aircraft holding R&D certificates, aircraft when used for crew 
training and market surveys. ELT requirements would apply to 
these aircraft.
      States what kind of ELTs would meet requirements. 
Requires FAA rule by 2002.
Conference Substitute
      House, but increase the payload capacity (which is 
defined in section 119.3 of the FAA rules) to 18,000 pounds. 
This would cover aircraft up to about 60 seats. FAA is required 
to issue rules implementing this change by January 1, 2001. 
These rules should take effect on January 1, 2002. However, FAA 
may extend the effective date by 2 years to ensure a safe and 
orderly transition or for other safety reasons. The effect is 
to require business jets and small air charters to equip with 
ELTs so they can be located after a crash.

                            100. Cargo TCAS

House Bill
      Section 501: Directs FAA to require cargo aircraft of 
15,000 kilograms or more to install collision avoidance 
equipment by December 31, 2002 that provides protection from 
mid-air collisions and resolution advisory capability that is 
at least as good as TCAS-II. FAA may extend this deadline by 2 
years if that would promote safety.
Senate Amendment
      Section 402: Directs FAA to require cargo aircraft of 
15,000 kilograms or more to install collision avoidance 
equipment by December 31, 2002 that is TCAS II equipment or a 
similar system approved by the FAA for collision avoidance. FAA 
may extend the deadline for 2 years if that would promote an 
orderly transition or other safety or public interest 
objectives.
Conference Substitute
      Section 502: House.
      In 1997, the FAA announced that it expected to establish 
a date for final recommendations for installation of collision 
avoidance systems in cargo aircraft. Three years later, the FAA 
still has not acted. Therefore, the conferees have mandated 
that FAA require a collision avoidance system in cargo planes 
by a date certain. The Managers urge the FAA to act 
expeditiously on this.

                             101. Landfills

House Bill
      Section 511: Prohibits new landfills within 6 miles of a 
small airport unless the State aviation director requests an 
exemption from the FAA and the FAA determines that the landfill 
would not adversely affect air safety.
Senate Amendment
      No provision.
Conference Substitute
      Section 503: House with modifications. The limitation on 
the construction of landfills, does not apply to the expansion 
of existing municipal solid waste landfills.
      Alaska has more than 250 villages and small towns; most 
of these communities are densely packed with only one main dirt 
road through town, unconnected to anyother road system. The 
vast majority of these townsites are no larger than 2 square miles. 
Wilderness or other state or federal conservation land surrounds many 
of these villages. Most of the airstrips serving these communities are 
immediately adjacent to the villages. A provision requiring any 
landfill to be at least 6 miles from the airport would be unworkable in 
Alaska because of these constraints, the harsh arctic environment, and 
the enormous capital expenditures necessary to build roads and secure 
federal permits to establish landfills in wilderness or refuge lands. 
Therefore, this provision does not apply in Alaska. There are many 
other similar exceptions for Alaska in title 49.

                   102. Marking of life-limited parts

House Bill
      Sections 507: Requires FAA to issue rules to determine 
the best way to ensure the safe disposition of life-limited 
civil aviation parts. Provides 180 days for the proposed rule 
and 180 days for the final rule. Also provides for civil 
penalties for failure to mark.
Senate Amendment
      No provision.
Conference Substitute
      Section 504: House.

              103. Bogus parts and certificate revocation

House Bill
      No provision.
Senate Amendment
      Section 405: Prohibits the certification or hiring of a 
person (individual or company) that has been convicted of a 
violation of a law relating to counterfeit parts, or the 
certification of a company that is subject to a controlling or 
ownership interest of a convicted individual. FAA required to 
revoke certificates on the same basis, with appeal procedures 
built in. FAA can waive revocation if a law enforcement 
official requests it, and it will facilitate law enforcement. 
Certificates can be amended to limit convicted individuals' 
controlling interest.
Conference Substitute
      Section 505: Senate with modifications.

                104. Bogus Parts and criminal penalties

House Bill
      No provision.
Senate Amendment
      Section 464: Applies to a person who knowingly engages in 
interstate commerce concerning any aircraft or space vehicle 
part, and who conducts this business fraudulently. If the 
fraudulent part is installed in aircraft or space vehicle, fine 
of up to $500,000 and up to 25 years in prison. If the 
fraudulent part results in serious bodily injury or death, fine 
of up to $1,000,000 and up to life in prison. If an 
organization commits the offense, fine of up to $25 mil. 
Otherwise, fine under Title 18 U.S.C. and up to 15 years in 
prison. District courts empowered to divest interest in and 
destroy parts inventories, impose restrictions on future 
employment in same field, and to dissolve or reorganize the 
related enterprise. Property and proceeds derived from 
enterprise to be forfeited.
Conference Substitute
      Section 506: Senate with modifications. It is intended 
that the penalties for the failure of parts to operate as 
represented in (b) (2) and (3) only applies to aircraft and 
space vehicle parts.

                              105. Hazmat

House Bill
      Section 512: Makes clear that ignorance of the law is no 
excuse with respect to hazmat regulations but may be considered 
in mitigation of the penalty.
Senate Amendment
      Section 435: Directs FAA to make elimination of the 
backlog of hazardous materials enforcement cases a priority and 
that the laws in this area are carried out in a consistent 
manner. FAA shall report quarterly to the Senate Commerce 
Committee on its progress.
Conference Substitute
      Section 507: House.

                  106. Criminal history record checks

House Bill
      No provision.
Senate Amendment
      Section 306(1): Permits criminal history record check for 
security screeners.
Conference Substitute
      Section 508(a): Senate

                       107. pilot record sharing

House Bill
      Section 502: Exempts the military from the requirement to 
provide records. Limits the records that must be provided to 
those that involve the individual's performance as a pilot. 
Allows an airline to hire a pilot even if it has not received 
records from a foreign entity if it has made a good faith 
effort to obtain them. FAA may allow designated individuals to 
have electronic access to pilot record database.
Senate Amendment
      Section 306: The same provision with respect to 
individual's performance as a pilot and records from foreign 
entities. No provision on military records or on allowing 
designated individuals to have access to the records.
Conference Substitute
      Section 508(b): House with privacy terms to ensure that 
information from database is only obtained by person who needs 
info for hiring decision and that information is only used for 
that purpose.

  108. Criminal penalties for airline pilots flying without a license

House Bill
      No provision.
Senate Amendment
      Section 309: Provides for fines and maximum 3 years 
imprisonment for airline pilots who fly without a license and 
for individuals, but not companies, that hire them. Fines and 
prison terms increase if the individual is smuggling drugs or 
aiding in a drug violation.
Conference Substitute
      Section 509: Senate.

         109. Flight Operations Quality Assurance (FOQA) rules

House Bill
      Section 505: Requires FAA to issue a proposed rule within 
30 days protecting airlines and airline employees from civil 
enforcement actions for disclosures made under FOQA. The Final 
rule is due 1 year after the comment period closes.
Senate Amendment
      Section 409: Same provision except 90 days is allowed for 
the issuance of the proposed rule and it applies to all 
enforcement actions for violation of the FARs that are reported 
or discovered as a result of voluntary reporting programs (such 
as FOQA and ASAP), other than criminal or deliberate acts. No 
requirement on final rule.
Conference Substitute
      Section 510: Senate; except that 60 days is allowed for 
the issuance of the proposed rule.

                         110. Unruly passengers

House Bill
      Section 508: Subjects unruly passengers to fine of 
$25,000 and a possible ban on commercial air travel for one 
year.
Senate Amendment
      Section 406: Imposes fine of $10,000 on person who 
interferes with the crew or poses a threat to the safety of the 
aircraft.
      Title XV: Imposes fine of $25,000 on person who assaults 
or threatens to assault the crew or another passenger, or poses 
a threat to the safety of the aircraft or its passengers. 
Attorney General may set up a program to deputize state and 
local airport law enforcement officials as deputy U.S. marshals 
for enforcement purposes.
Conference Substitute
      Section 511: Senate. $25,000 fine. Also requires the 
Justice Department to notify the House and Senate authorizing 
Committees within 90 days as to whether it plans to set up the 
program to deputize local law enforcement.

                111. Air Transportation Oversight System

House Bill
      Section 509: Requires FAA to submit an annual report for 
the next 5 years on its progress in implementing its new 
airline inspection system.
Senate Amendment
      Section 417: Beginning in 2000, FAA shall report 
biannually on the air transportation oversight system 
(inspector training) announced on May 13, 1998.
Conference Substitute
      Section 513: Requires reports on August 1, 2000 and 
August 1, 2002. Takes elements of report contents from both 
bills.

                        112. Runway safety areas

House Bill
      Section 139: Makes arrestor beds described in a FAA 
circular eligible for AIP grants and directs FAA to do a 
rulemaking to improve runway safety through arrestor beds, 
longer runways, or other means.
Senate Amendment
      Section 403: Requires FAA, within 6 months, to ``solicit 
comments on the need for'' improvement of runway safety areas 
and installation of precision approach path indicators.
Conference
      Section 514: Adopts Senate ``solicit comments'' language 
in lieu of House rulemaking language. Adds limitation stating 
that in making grants for Engineered Materials Arresting 
Systems the Secretary shall require that the sponsor 
demonstrate that the effects of jet blast have been adequately 
considered.
      Also adds a provision to cover situations where an 
airport's runways are constrained by physical conditions. In 
those situations, the FAA is directed to consider alternative 
means for ensuring runway safety when prescribing conditions 
for runway rehabilitation grants.
      Section 515: Senate provision on precision approach path 
indicators.
      The conferees urge the Administrator to encourage all 
civil airport certified under FAR Part 139 CFR to have standard 
runway safety areas in accordance with the most cost effective 
and efficient method described in FAA circulars in the numbered 
150 series.

                       113. aircraft dispatchers

House Bill
      Section 516: Within one year, FAA shall study the role of 
aircraft dispatchers including an assessment of whether 
dispatchers should be required for cargo and commuter airlines 
and whether FAA inspectors should be assigned to oversee 
dispatchers.
Senate Amendment
      No provision.
Conference Substitute
      Section 516: House.

                      114. Training for mechanics

House Bill
      Section 517: FAA and industry shall develop a model 
program to improve training for mechanics.
Senate Amendment
      No provision.
Conference Substitute
      Section 517: House.

                    115. small airport certification

House Bill
      Section 506: Requires FAA to issue proposed small airport 
certification standards within 60 days after enactment and 
Final rules within 1 year of the close of the comment period.
Senate Amendment
      No provision.
Conference Substitute
      House

                     116. fire and rescue personnel

House Bill
      Section 513: Directs FAA to conduct a rulemaking on the 
mission of rescue personnel, rescue response times, and needed 
extinguishing equipment taking into account the need for 
different requirements for airports of different sizes.
Senate Amendment
      Section 450: Requires FAA study within 6 months on 
current and future airport safety needs, focusing on rescue 
personnel, response time, and extinguishing equipment. If FAA 
recommends revisions to part 139, study must include a cost-
benefit analysis.
Conference Substitute
      No provision.

           117. maintenance implementation procedures (mips)

House Bill
      Section 514: Prohibits FAA from entering into a MIP 
unless the foreign nation is inspecting repair stations to 
ensure their compliance with FAA standards.
Senate Amendment
      No provision.
Conference Substitute
      No provision.

                    118. injuries to airport workers

House Bill
      Section 515: Directs FAA to study, within one year, the 
number of workers injured or killed as a result of being struck 
by moving vehicle on the airport tarmac.
Senate Amendment
      No provision.
Conference Substitute
      House.

                  119. safety risk mitigation program

House Bill
      Section 504: Requires FAA to issue guidelines encouraging 
safety risk mitigation programs such as self-disclosure 
programs.
Senate Amendment
      No provision.
Conference Substitute
      No provision.

                  120. aeronautical charting transfer

House Bill
      Section 736: The FAA shall consider procuring mapping and 
charting services from the private sector if that would further 
the mission of the FAA and be cost effective.
Senate Amendment
      Title VIII: Transfers to FAA the Department of Commerce 
responsibilities and offices for aeronautical charting.
Conference Substitute
      Title VI: Senate provisions except that (1) the current 
special VFR route provision in section 44721 is retained and 
(2) the authority to conduct aerial and field surveys is not 
transferred.
      Section 607 adopts the provision from the House bill.

              121. duties and powers of the administrator

House Bill
      Section 701: Lists FAA duties.
Senate Amendment
      Section 701: Technical corrections. The sections listed 
should be the same as the House's.
Conference Substitute
      Section 701: House and Senate.

                          122. public aircraft

House Bill
      Section 702: Restates the definition of public aircraft 
in a way that is intended to have fewer double negatives and be 
more understandable. It also permits a military aircraft to 
carry passengers for reimbursement without losing its public 
aircraft status when Federal law requires that reimbursement. 
The Provision clarifies that carriage of prisoners is 
considered part of the law enforcement function and therefore 
can be performed by public aircraft. Permits public aircraft to 
fly charters for DOD if DOD designates the flight as being in 
the nationalinterest. Requires NTSB to do a study comparing the 
safety of public and civil aircraft.
Senate Amendment
      Section 209: Permits public aircraft to be used to 
transport passengers if those passengers are involved in 
prisoner transport.
Conference Substitute
      Section 702: Revises the title of subsection (a) since 
there are some substantive changes in the law. Inserts 
``regulation or directive on November 1, 1999'' after ``Federal 
law'' in new section 40125(a)(1) because an OMB circular may be 
the basis for the requirement that reimbursement be paid. Makes 
clear in new section 40125(c)(2) that an aircraft of the 
National Guard of a state, territory, Puerto Rico, or the 
District of Columbia can operate as a public aircraft only when 
it is operated under the direct control of the United States 
Department of Defense. Paragraph (c)(1)(B) of new section 40125 
takes account of the other missions that military aircraft may 
be called upon to provide and allows a military aircraft to 
operate as public aircraft if it is performing a governmental 
function and operating under the titles specified in that 
paragraph.
      Two of these changes have been of concern to commercial 
helicopter operators. One would allow a military aircraft to be 
operated under the more lenient rules governing public aircraft 
if it was used in the performance of a governmental function. 
The other change would allow a government aircraft to retain 
its public aircraft status even when receiving compensation for 
the flight as long as a Federal law or directive required the 
compensation on the date of enactment.
      With respect to the first concern, the conference 
substitute limits the qualifying governmental function to those 
performed under titles 14, 31, 32, or 50 of the U.S. code.
      With respect to the second concern, the conference 
substitute limits the law or directive to those in effect last 
year. This will prevent the military or other Federal agency 
from issuing rules now to take advantage of this new exception.
      With these changes, the managers believe that they have 
achieved a balance between the needs of the military and the 
legitimate interests of commercial aircraft operators.

           123. prohibition on release of offeror proposals.

House Bill
      Section 703: Exempts bid submissions from the Freedom of 
Information Act except for certain unsuccessful bids.
Senate Amendment
      No provision.
Conference Substitute
      Section 703: House.

                  124. multiyear procurement contract

House Bill
      Section 704: Allows 10-year contracts for 
telecommunication services using satellites if that would be 
cost beneficial.
Senate Amendment
      Section 436: Authorizes FAA to establish a pilot program 
(FY2001-2004) to test long-term contracts for leasing aviation 
equipment and facilities. No more than 10 contracts, each at 
least 5 years. Many include requirements related to oceanic and 
ATC, air-to-ground radio communications, ATC tower 
construction.
Conference Substitute
      Section 704: Senate. Reference to telecommunications 
satellites as in the House bill. Contracts may enter into in 
fiscal years 2001 through 2003 but the terms of the contracts 
are not limited to those 3 years.

                   125. Severable services contracts

House Bill
      Section 719: Amends procurement reform provision in the 
Appropriations Act. Notwithstanding the Federal Acquisition 
Streamlining Act, FAA may enter into contracts for services 
that begin in one year and end in another.
Senate Amendment
      Section 301: Amends Title 49. FAA may enter into 
contracts for services that begin in one year and end in 
another, and obligations of funds for one fiscal year may carry 
over.
Conference Substitute
      Section 705: Senate.

      126. Prohibition on racial discrimination in airline travel

House Bill
      Section 706: Prohibits racial discrimination.
Senate Amendment
      Section 455: Prohibits discrimination at airports.
Conference Substitute
      Section 706: House And Senate.

     127. Prohibition on Discrimination in Use of Private Airports

House Bill
      No provision.
Senate Amendment
      Section 455: Prohibits a state, county, city or municipal 
government from restricting the full enjoyment of a private 
airport on the basis of a person's race, creed, color, national 
origin, sex or ancestry.
Conference Substitute
      Section 706: Senate

          128. International standards for handicapped access

House Bill
      Section 706(c): Directs DOT to work with international 
organizations to improve access for handicapped passengers 
especially on foreign airlines that code-share with U.S. 
carriers. Extends the existing prohibition on discrimination to 
foreign airlines operating to the U.S. subject to bilateral 
obligations under section 40105(b). Imposes a penalty of 
$10,000 for violations.
Senate Amendment
      Section 407: Directs DOT to work with international 
organizations to improve access for handicapped passengers 
especially on foreign airlines that codeshare with U.S. 
carriers. Extends the existing prohibition on discrimination to 
foreign airlines operating in U.S. Each act of discrimination 
constitutes a separate violation. Each complaint shall be 
investigated and complaint statistics shall be publicly 
reported. Annual report to Congress. The government shall 
provide technical assistance to airlines and disabled people. 
Adds the section prohibiting discrimination against the 
handicapped to those subject to the $1,000 civil penalty. If 
the carrier that discriminated does not provide a credit or 
voucher to the passenger in the specified amounts, then the 
penalty will be that specified amount. Attorney's fees may be 
awarded if the court deems it appropriate.
Conference Substitute
      Section 707: Senate provision insofar as it (1) directs 
DOT to work with international organizations to improve access 
for handicapped passengers especially on foreign airlines that 
code-share with U.S. carriers; (2) extends the existing 
prohibition on discrimination of foreign airlines operating to 
the U.S.; (3) states that each act of discrimination 
constitutes a separate violation; (4) requires that each 
complaint be investigated and complaint statistics be publicly 
reported; (5) mandates an annual report to Congress; and (6) 
requires that technical assistance be provided to airlines and 
disabled people. Civil penalties for violations are increased 
to $10,000. The extension of the prohibition on discrimination 
to foreign airlines is made subject to U.S. bilateral 
obligations as in the House bill.

            129. Smoking Prohibition, International Flights

House Bill
      No provision.
Senate Amendment
      Section 437: Extends the smoking restriction on domestic 
flights to segments of international flights that arrive in or 
depart from the U.S. Procedures established if foreign 
government objects to extraterritorial application of U.S. law.
Conference Substitute
      Section 708: Senate.

                     130. Joint ventures/alliances

House Bill
      Section 707: Makes clear that the provision requiring 
notice of certain joint venture and alliance agreements apply 
only to those agreements where both parties are major airlines.
Senate Amendment
      No provision.
Conference Substitute
      Section 709: House

                       131. Animal Transportation

House Bill
      No provision.
Senate Amendment
      Title XVII: Within 2 years of enactment, DOT will require 
each air carrier to submit to DOT details on animals on each 
flight. Any serious incident involving an animal must be 
reported to Department of Agriculture (DOA) and DOT. This 
information will be included in Air Travel Consumer Reports. 
Consumer complaints involving animals must be reported within 
15 days by DOT to DOA. Annual reports under the Animal Welfare 
Act. Each air carrier to amend contract of carriage to lay out 
procedures for safe transport of animals. Civil penalty up to 
$5,000 for each incident involving the loss, injury or death of 
an animal during transport. If carrier at fault, carrier liable 
to owner for at least twice the liability for mishandled 
baggage, plus costs of animal treatment within 1 year of the 
incident. DOT to require carriers to upgrade cargo containers 
to provide airflow, and heating and cooling. After 1/1/00, 
carrier cannot carry animals unless it's made this upgrade. 3/
31/02 report to Congress.
Conference Substitute
      Section 710: The Managers have heard from animal rights 
activists and citizens who use airlines to transport animals. 
They have sharply differing views over the extent of the 
problem and the appropriate remedy. Accordingly, the Conference 
Report modifies the Senate provision to ensure that airlines 
will continue to be able to carry animals while information is 
collected to determine whether there is a problem that warrants 
stronger legislative remedies. Toward this end, scheduled U.S. 
airlines will be required to provide monthly reports to DOT 
describing any incidents involving animals that they carry. DOT 
and the Department of Agriculture must enter into a MOU to 
ensure that the Agriculture Department receives this 
information. DOT must publish data on incidents and complaints 
involving animals in its monthly consumer reports or other 
similar publication. In the meantime, DOT is directed to work 
with airlines to improve the training of employees so that (1) 
they will be better able to ensure the safety of animals being 
flown and (2) they will be better able to explain to passengers 
the conditions under which their pets are being carried. People 
should know that their pets might be in a cargo hold that may 
not be air-conditioned or may differ from the passenger cabin 
in other respects.

                        132. War Risk Insurance

Hosue Bill
      Section 708: Extends the program until December 31, 2004.
Senate Amendment
      Section 307: Extends the program until December 31, 2003.
Conference Substitute
      Section 71: Senate.

                  133. Improvements to leased property

House Bill
      Section 709: Allows FAA to pay for improvements to leased 
property even if the costs of the improvements exceed the costs 
of the lease if the cost of the lease is nominal and certain 
other conditions are met.
Senate Amendment
      Section 420: Similar provision. No requirement that the 
cost of the lease be nominal.
Conference Substitute
      Section 712: House.

                       134. human factors program

House Bill
      No provision.
Senate Amendment
      Section 413: Requires FAA to report on the Advanced 
Qualification Program, and its adoption among air carriers. FAA 
must address the concerns of the National Research Council on 
problems associated with human interface with ATC automation. 
FAA must work with the aviation industry to develop training 
curricula for the listed safety problems. FAA, with NTSB and 
the industry, must establish a process to assess human factors 
training as part of accident investigations. FAA must establish 
a test program to use model Jeppesen approach plates to improve 
nonprecision landing approaches. Training practices associated 
with flight deck automation must be updated within 12 months.
Conference Substitute
      Section 713: Senate but delete Senate subsection (c) and 
change ``improve nonprecision landing approaches'' in Senate 
subsection (d), now subsection (b), to ``allow for precision-
like approaches''. The FAA is directed to work with the 
representatives of the aviation industry and appropriate 
aviation programs associated with universities on this human 
factors program. The appropriate aviation programs could 
include a nonprofit Corporation involving academia. The 
Managers note that the State University of New York at Buffalo 
is already conducting this research.

    135. implementation of article 83 bis of the chicago convention

House Bill
      Section 710: FAA may trade responsibilities with another 
country for the regulation of aircraft registered in each 
other's country. However, a country that does not meet ICAO 
standards could not be given responsibility for U.S. aircraft.
Senate Amendment
      Section 304: Similar provision except there is not a 
specific prohibition on transferring responsibility to a 
country that does not meet ICAO standards.
Conference Substitute
      Section 714: House.

                 136. public release of airmen records

House Bill
      Section 711: Requires airman records (name, address, and 
ratings) be made available to the public 120 days after 
enactment. Before making the address available, the airman 
shall be given the opportunity to have it withheld. A one-time 
written notification of one's right to withhold public release 
of this information shall be developed and implemented, in 
cooperation with the aviation industry, within 60 days.
Senate Amendment
      No provision.
Conference substitute
      Section 715: House but modified to ensure that new pilots 
are notified of their option to withhold this information from 
the public. The FAA and organizations representing pilots and 
other airmen should use their web pages and other appropriate 
means to notify airmen that they can elect not to have the 
information about them publicly released.

               137. emergency revocation of certificates

House Bill
      Section 712: Gives a holder of a FAA certificate the 
right to appeal an emergency revocation of that certificate to 
the NTSB. If 2 Board Members determine that there was not an 
emergency, the certificate is restored, subject to review by 
the full Board within 15 days.
Senate Amendment
      Section 311: Gives the holder of an FAA certificate the 
right to appeal the immediate nature of an emergency revocation 
of that certificate to the NTSB. Certificate holder must 
request review within 48 hours of the emergency revocation. 
NTSB has 5 days from the review filing to determine whether 
immediate certificate revocation should be stayed.
Conference Substitute
      Section 716: Senate except the 48-hour period to file an 
appeal begins to run after receipt of the emergency order by 
the person rather than when it becomes effective. Also, the 
standard of review is modified.

                 138. government and industry consortia

House Bill
      Section 713: Permits FAA to establish consortia at 
airports to advise on security and safety matters. Such 
consortia shall not be considered Federal advisory committees.
Senate Amendment
      Section 303: Similar provision.
Conference Substitute
      Section 717: Senate.

                        139. passenger manifest

House Bill
      Section 714: Changes ``shall'' to ``should'' in section 
44909(a)(2).
Senate Amendment
      Section 402: The same or similar provision. Relaxes 
passenger manifest requirements to say that full name, passport 
number, and emergency contact name and number should be 
included.
Conference Substitute
      Section 718: House and Senate.

               140. fees for service to foreign entities

House Bill
      Section 715: Permits fees to be collected for inspection, 
certification and similar services performed outside the U.S. 
except for fees for production-certification related services 
performed outside the U.S. pertaining to aeronautical products 
manufactured there.
Senate Amendment
      Section 305: Similar provision.
Conference Substitute
      Section 719: House.

                          141. Civil Penalties

House Bill
      Section 716: Makes technical corrections.
Senate Amendment
      Section 308: Same or similar provision.
Conference Substitute
      Section 720: House and Senate.

                      142. Waivers from noise act

House Bill
      Section 717: Gives foreign airlines the same right to 
seek waivers from the stage 3 compliance schedule as U.S. 
airlines. Also, allows stage 1 or stage 2 aircraft to be 
brought into the U.S. to sell the aircraft outside the U.S., to 
sell the aircraft for scrap, or to modify the aircraft to meet 
Stage 3 standards. Also, allows Stage 2 aircraft used for 
service within Hawaii to be brought into the 48 States for 
maintenance.
Senate Amendment
      Section 302: Requires DOT to allow stage 2 aircraft to be 
brought into the U.S. to sell, lease or use the aircraft 
outside the U.S., to scrap the aircraft, to modify the aircraft 
to meet Stage 3 standards, to perform scheduled heavy 
maintenance or significant modifications on the aircraft, to 
exchange the aircraft between the lessor and the lessee, to 
prepare or store the aircraft for any of the above activities, 
or to divert the aircraft to alternative airports for safety or 
ATC reasons in conducting any of the above flights. DOT 
required to establish procedure within 30 days for waivers or 
ferry permits. Allows Stage 2 aircraft used for service within 
Hawaii to be brought into the 48 States for maintenance 
(including major alterations) or preventative maintenance. 
Exempts experimental aircraft from the stage 3 requirements.
Conference Substitute
      Section 721. Adopts House section 717(a) giving foreign 
airlines the right to seek waivers similar to U.S. airlines.
      Adopts the Senate provision with an addition stating that 
nothing in this section shall be construed as interfering with 
or otherwise nullifying determinations made or to be made under 
pending applications on November 1, 1999 by the Federal 
Aviation Administration pursaunt to Title 14, part 161 of the 
Code of Federal Regulations. Any waivers granted by public law 
106-113 shall not be adversely affected by this provision and 
shall continue in effect.

                    143. Land use compliance report

House Bill
      Section 737: Directs FAA to add a section to its annual 
report listing airports that are not in compliance with grant 
assurances with respect to airport land and explaining the 
corrective action that will be taken to address the problem.
Senate Amendment
      No provision.
Conference Substitute
      Section 722. House, but modified to make clear that FAA 
would list only those airports that it believes are not in 
compliance. It would not have to audit them or make a final 
determination before putting them on the list.

                     144. Denial of airport access

House Bill
      Section 154: Allows an airport, which will be required to 
obtain a certificate, to deny access to airlines that can only 
serve certificated airports if the airport does not intend to 
apply for such a certificate.
Senate Amendment
      Section 421: Permits an uncertificated reliever airport 
located within 35 miles of a hub airport with adequate gate 
capacity to deny access to a public charter operator that 
provides notice to the public of its schedule.
Conference Substitute
      Section 723: Prohibits an airline or charter operator 
from providing regularly scheduled charter air transportation 
(where the public is provided a schedule containing the 
departure location, departure time, and arrival location) to an 
airport that does not have an airport operating certificate 
from the FAA.

                         145. Year 2000 problem

House Bill
      No provision.
Senate Amendment
      Section 401: Requires FAA quarterly reports on Year 2000 
problem through 12/31/00.
      Section 457: Requires air carriers to respond to FAA by 
November 1, 1999, regarding their readiness for the Y2K problem 
as it relates to safety. If FAA doesn't receive response by 
then, must decide on the record whether to revoke certificate. 
FAA may reinstate certificate if carrier later submits 
sufficient information to demonstrate it is in compliance with 
applicable safety regulations as they relate to Y2K.
Conference Substitute
      No provision.

                      146. Stage 4 noise standards

House bill
      Section 730: Requires FAA to continue to work to develop 
a new standard for quieter aircraft. Beginning March 1, 2000, 
FAA must submit annual reports to Congress on this work.
Senate Amendment
      No provision.
Conference Substitute
      Section 726: House except that the goals to be considered 
in developing these new standards are set forth and the annual 
report requirement does not begin until July 1, 2000.

                            147. taos pueblo

House Bill
      No provision.
Senate Amendment
      Section 429: Within 18 months, the FAA shall work with 
the Taos Pueblo and Blue Lakes Wilderness area to study the 
feasibility of conducting a demonstration to require all 
aircraft to maintain altitude of 5,000 feet.
Conference Substitute
      Section 727: Study in Senate bill modified to also study 
whether itinerant general aviation aircraft should be exempt.

                  148. Aircraft situation display data

House Bill
      Section 721: 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. Also requires any existing agreement with 
the FAA to obtain aircraft situational display data to conform 
to the requirements above.
Senate Amendment
      Section 427: Similar provision.
Conference Substitute
      Section 729: House and Senate.

              149. Equal employment opportunity complaints

House Bill
      Section 722: Authorizes $2 million and the hiring of 
personnel to reduce the backlog of equal employment opportunity 
complaints.
Senate Amendment
      No provision.
Conference Substitute
      Section 730: House but does not specify the account from 
which the money will come.

                      150. Easement in California

House Bill
      Section 724: Grants an easement to facilitate 
construction of the California State Route 138 bypass.
Senate Amendment
      No provision.
Conference Substitute
      Section 731: House provision but with documentation 
required of the California DOT to ensure that the benefit of 
the easement to the airports will be at least equal to the 
value of the easement being granted. This ensures that there is 
no revenue diversion in the transaction.

                         151. Alaska air guides

House Bill
      Section 725: 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. 
Also, 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.
Senate Amendment
      Section 411: Similar provision.
Conference Substitute
      Section 732: House with an insert at the end of paragraph 
(b)(2)(G) as follows: In making such a determination, the 
Administrator shall take into account the unique conditions 
associated with air travel in Alaska to ensure that such 
actions are not unduly burdensome. Also, in paragraph (c)(2)(C) 
put a period after ``guide services'' and delete everything 
that follows.
      This section is designed to impose additional safety 
regulations on Alaska Guide-Pilots. However, since the flight 
services they provide are incidental to the hunting, fishing 
and other guide services provided, Alaska Guide-Pilots are 
distinctly different than air taxis and commuter carriers, 
which are governed by the FAA regulation set forth in Part 135. 
This section is intended to impose enhanced safety requirements 
on Alaska Guide-Pilots. However, such safety requirements are 
intended to be less burdensome and less costly than those set 
forth in Part 135 which are applicable to air taxis and common 
carriers. Nothing in this section, including subparagraph 
(b)(2)(G), is intended to authorize the FAA Administrator to 
treat Alaska guide pilots as de facto Part 135 operators.

         152. National Transportation Data Center of Excellence

House Bill
      Section 738: Makes funds available from TEA 21 to 
establish, at a closed or realigned army depot, a facility to 
serve as a satellite data repository and to analyze 
transportation data collected by government and industry.
Senate Amendment
      No provision.
Conference Substitute
      Section 733: House.

               153. Foreign repair station advisory panel

House Bill
      Section 726: Panel established by DOT.
      12 members as follows: 3 from the unions; 1 from cargo 
airlines; 1 from passenger airlines; 1 from aircraft repair 
stations; 1 manufacturers; 1 from air taxi and corporate 
aircraft; 1 from commuters; 1 from Commerce; 1 from State; and 
1 from FAA.
      Requires DOT, by rule, to collect information on balance 
of trade and safety issues from airlines and repair stations, 
both U.S. and foreign, relating to work performed on U.S. and 
foreign aircraft.
      Requires collection of information on drug testing at 
foreign repair stations and encourages DOT to work with ICAO to 
increase drug testing programs.
      Requires DOT to make any relevant non-proprietary 
information available to the public. Terminates the panel 2 
years after the date of enactment or December 31, 2001, 
whichever occurs first.
Senate Amendment
      Section 426: Panel established by FAA.
      11 members as follows: 3 from unions; 1 from cargo 
airlines; 1 from passenger airlines; 1 from aircraft and 
component repair stations; 1 from manufacturers; 1 from 
industry group not mentioned above; 1 from DOT; 1 from State; 
and 1 from FAA.
      Requires FAA, by rule, to collect information from 
foreign repair stations to assess safety issues with respect to 
work performed on U.S. aircraft only. FAA may require this 
information from U.S. airlines with respect to their use of 
U.S. repair stations.
      Requires collection of information on drug testing at 
foreign repair stations.
      Information collected must be made public.
      The panel shall terminate after 2 years. FAA shall report 
annually to Congress on the number of repair station 
certificates that were revoked, suspended or not renewed in 
previous year.
Conference Substitute
      Section 734: House provision except FAA establishes the 
panel. In developing its advice, the panel may consider the 
similarities and differences in the FAAregulations 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, a comparison of the number of FAA enforcement 
actions resulting in a final order of civil penalty or certificate 
action, and a comparison showing the extent to which maintenance 
performed by repair facilities has been found to be the probable cause 
or contributing factor in any accident investigation performed by the 
NTSB. The panel should also look at the ability of the FAA to 
adequately oversee foreign repair stations.

                  154. operations of air taxi industry

House Bill
      Section 727: 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.
Senate Amendment
      No provision.
Conference Substitute
      Section 735: House.

                    155. National Airspace redesign

House Bill
      Section 728: 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.
Senate Amendment
      Section 909: FAA is required to conduct a comprehensive 
redesign of the national airspace system, and report to the 
authorizing committees no later than 12/31/00. Authorizes $12 
mil FY2000-2002.
Conference Substitute
      Section 736: Senate.

            156. Avoiding duplication of environmental work

House Bill
      Section 729: 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.
Senate Amendment
      Section 418: Similar provision.
Conference Substitute
      Section 737: House.

           157. FAA consideration of certain state proposals

House Bill
      Section 731: 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.
Senate Amendment
      Section 466: AIP funds may be available for Georgia's 
regional airport enhancement program.
Conference Substitute
      Section 738: House.

                    158. Cincinnati Blue Ash Airport

House Bill
      Section 732: Allows Blue Ash Airport to be sold by the 
city of Cincinnati to the city of Blue Ash. Subsection (b) 
makes the revenue diversion restrictions inapplicable to this 
transaction.
Senate Amendment
      Section 441: Similar provision, but does not allow for 
any revenue diversion.
Conference Substitute
      Section 739: House but make subsection (b) discretionary 
with FAA. The Managers have accepted a House provision allowing 
for the sale of Cincinnati-Municipal Blue Ash Airport to the 
City of Blue Ash, Ohio, in advance of the expiration of current 
grant assurances in 2003. Blue Ash Airport is an important 
reliever airport to Lunken Field and the conferees have agreed 
to this provision solely because it will extend the current 
grant assurances at Blue Ash until 2023.
      The conferees remain concerned about the FAA's 
willingness to enforce grant assurances. Therefore the 
conferees direct that should the Secretary approve the sale, a 
Memorandum of Understanding (MOU) must first be entered into 
between the FAA and the City of Blue Ash. The MOU must be 
enforceable by the FAA and protect the existence of the airport 
until at least 2023. Should the City of Blue Ash receive 
federal airport funding during this period the conferees expect 
normal grant assurances will extend the life of the airport 
beyond 2023.

              159. Aircraft used to respond to oil spills

House Bill
      Section 733: Allows the Defense Department to sell 
aircraft for use in responding to oil spills.
Senate Amendment
      Section 425: Allows the Defense Department to sell excess 
aircraft for use in responding to oil spills. Aircraft can be 
used for secondary purposes as long a they don't interfere with 
oil spill response. DOT certifies to DOD that recipient is 
capable of participating in an oil spill responsive plan that 
has been approved by the Secretary of the Department in which 
the Coast Guard is operating.
Conference Substitute
      Section 740: Senate except makes clear that if secondary 
purposes for which the aircraft will be used would require a 
certificate from the FAA, such a certificate must be obtained 
before the aircraft can be used for those secondary purposes.

 160. Discrimination against computer reservation systems outside the 
                                  U.S.

House Bill
      Section 734: Allows the Secretary of Transportation to 
take action to prevent a foreign country from discriminating 
against U.S. computer reservation systems.
Senate Amendment
      No provision.
Conference Substitute
      Section 741: House.

                    161. Specialty Metals Consortium

House Bill
      No provision.
Senate Amendment
      Section 442: Authorizes FAA to work with domestic metal 
producers and engine manufacturers to improve the quality of 
engine materials.
Conference Substitute
      Section 742: Senate. This section would allow the FAA to 
work with a proven consortium of domestic metal producers and 
aircraft engine manufacturers to improve the quality of turbine 
engine materials. Improving the ability of these materials to 
withstand stress and high temperature will lead to fewer air 
carrier accidents and improved air safety.

                162. international flight crew licensing

House Bill
      No provision.
Senate Amendment
      Section 451: Requires FAA to implement a bilateral 
aviation safety agreement for conversion of flight crew 
licenses between U.S. and JAA member governments. Attempts to 
address a rule promulgated by JAA that makes conversion of U.S. 
licenses to JAA licenses difficult.
Conference Substitute
      No provision.

                 163. noise study at sky harbor airport

House Bill
      Section 741: Directs FAA to study the effect on noise 
contours of the new flight patterns at Phoenix and report 
within 90 days on measures to mitigate noise. Report shall be 
available to the public.
Senate Amendment
      No provision.
Conference Substitute
      Section 746: House.

                         164. Helicopter noise

House Bill
      Section 742: Directs DOT to study the effects of noise by 
non-military helicopters and develop recommendations for 
reducing noise. Helicopter industry and public views must be 
considered and a report filed in 1 year.
Senate Amendment
      No provision.
Conference Substitute
      Section 747: House but limit the study to densely 
populated areas, such as New York or Los Angeles, in the 48 
states. The study should focus on air traffic control 
procedures rather than new aircraft technology to address the 
noise problem and should take into account the needs of law 
enforcement.

                      165. newport news, virginia

House Bill
      Section 723: The airport shall be released from certain 
deed restrictions subject to standard conditions imposed in 
other cases.
Senate Amendment
      No provision.
Conference Substitute
      Section 748: House but change ``shall'' to ``may''.

                       166. oklahoma deed waiver

House Bill
      No provision.
Senate Amendment
      Section 445: Allows FAA to waive restrictive terms in a 
deed of conveyance so that an Oklahoma university may make use 
of revenues derived from certain airport land only for weather-
related and educational purposes that include benefits for 
aviation.
Conference Substitute
      Section 751: Senate but require that if the land is sold 
the airport must receive fair market value for it and that the 
money should be applied in the first instance to the airport 
and, if funds remain available, to weather-related and 
educational purposes that primarily benefit aviation.

                         167. grant parish (la)

House Bill
      No provision.
Senate Amendment
      Section 452: Permits U.S. to release any restrictions on 
land at the former Pollock Army Airfield (LA), provided the 
U.S. has access to or use of the lands in the event of national 
emergency. Clarifies that mineral rights will not be disturbed 
in any event.
Conference Substitute
      Section 752: Senate but require that if the land is sold, 
fair market value must be received for the land and any money 
so received must be used for airport purposes. Drop reference 
to mineral rights.

                      168. raleigh county (w.va.)

House Bill
      No provision.
Senate Amendment
      Section 449: Allows DOT to release from any terms and 
conditions in grant agreements for the development or 
improvement of Raleigh County Memorial Airport (W. Va.), if 
land not needed for airport purposes.
Conference Substitute
      Section 753: Senate but require any amount received from 
a sale to be used for airport purposes.

                   169. faa study of breathing hoods

House Bill
      No provision.
Senate Amendment
      Section 432: FAA shall study whether smoke hoods 
currently available to flight crews are adequate and report the 
results within 120 days.
Conference Substitute
      No provision.

  170. Study of alternative power sources for flight data and cockpit 
                            voice recorders

House Bill
      No provision.
Senate Amendment
      Section 433: FAA shall report on the need for alternative 
power sources for FDRs and CVRs within 120 days. If NTSB issues 
recommendations on this subject soon, FAA shall report to 
Congress the FAA's comments on the NTSB's recommendations 
rather than conducting a separate study.
Conference Substitute
      Section 755: Senate.

                              171. TARDIS

House Bill
      No provision.
Senate Amendment
      Section 447: Requires the FAA to develop a national 
policy and procedures regarding the Terminal Automated Radar 
Display and Information System and sequencing for VFR ATC 
towers. TARDIS is an uncertified radar display system in use by 
controllers at 7 small facilities.
Conference Substitute
      Section 756: Senate.

                             172. 16G Seats

House Bill
      No provision.
Senate Amendment
      Section 448: Requires FAA, in consultation with DOT IG, 
to conduct a cost-benefit analysis prior to issuing a final 
rule on its decade-old proposal to retrofit aircraft with 16G 
seats.
Conference Substitute
      Section 757: Modified Senate provision. FAA shall form a 
working group to make recommendations on ways to reduce the 
cost and time of certifying aircraft seats and restraints.

                173. Sense of Senate, Northern Delaware

House Bill
      No provision.
Senate Amendment
      Section 458: Sense of Senate that DOT should include 
northern Delaware in any Part 150 study for Philadelphia 
International Airport, that DOT should study moving the 
approach causeway for the Philadelphia airport from Brandywine 
Hundred to the Delaware River and that DOT should study 
increasing the standard altitude over the Brandywine Intercept 
from 3,000 to 4,000 feet.
Conference Substitute
      Section 758: Senate.

                              174. Tourism

House Bill
      No provision.
Senate Amendment
      Section 422: Establishes a task force for international 
visitor assistance. Requires the Secretary of Commerce to 
complete a satellite system of accounting for the travel and 
tourism industry. Authorizes funding for tourism promotional 
activities. Requires annual report to Congress.
Conference Substitute
      No provision.

                      175. Cabin Air Quality Study

House Bill
      No provision.
Senate Amendment
      Section 459: Requires DOT to study sources of air supply 
contaminants of aircraft and air carriers to develop 
alternatives to replace engine and auxiliary power unit bleed 
air as a source of air supply.
Conference Substitute
      Section 725: Requires FAA to contract with the National 
Academy of Sciences for an independent study of the air quality 
in passenger cabins. The study should identify contaminants in 
aircraft air, the toxicological and health effects, if any, if 
these contaminants, and how these contaminants enter the 
aircraft. The study should also compare the levels of these 
contaminants in the passenger cabin to such levels in a public 
building. This comparison should be done by measuring the air 
during actual commercial flights. If a problem is found, the 
study should develop recommendations for improving cabin air 
quality. This should include an assessment of whether health 
problems would be reduced by the replacement of recycled air 
with fresh air.

                     176. National Park Overflights

House Bill
      Title VIII: Requires commercial air tour operators to 
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.
Senate Amendment
      Title VI: Similar provision.
Conference Substitute
      Title VIII: Commercial air tour operators must conduct 
commercial air tours over national parks or tribal lands in 
accordance with applicable air tour management plans (ATMP). 
Before beginning air tours over a National Park or tribal land, 
a commercial air tour operator must apply to the FAA for 
authority to conduct the tours. No applications shall be 
approved until an ATMP is developed and implemented. FAA shall 
make every effort to act on an application within 24 months of 
receiving it. Priority shall be given to applications from new 
entrant air tour operators. Air tours may be conducted at a 
park without an ATMP if the tour operator secures a letter of 
agreement from the FAA and the park involved and the total 
number of flights is limited to 5 flights in any 30-day period. 
If the ATMP limits the number of air tour flights over a park, 
FAA, in cooperation with the Park Service, shall develop an 
open competitive process for choosing among various air tour 
firms. In making a selection, the firms' safety record, 
experience, financial capability, pilot training programs, 
responsiveness to Park Service needs, and use of quiet aircraft 
shall be taken into account.
      FAA, in cooperation with the Park Service, shall 
establish an air tour management plan (ATMP) for any park at 
which someone wants to provide commercial air tours. The ATMP 
shall be developed with public participation. It could ban air 
tours or establish restrictions on them. It will apply within a 
half a mile outside the boundary of the park. The plan should 
include incentives for using quiet aircraft. Prior to the 
establishment of an ATMP, the FAA shall grant interim operating 
authority to operators that are providing air tours. This 
interim authority may limit the number of flights. Interim 
operating authority may also be granted for new entrants if (1) 
it is needed to ensure competition in the provision of air 
tours over the park and (2) 24 months have passed since 
enactment of this Act and no ATMP has been developed for the 
park involved. Interim operating authority should not be 
granted to new entrants if it will create a safety or a noise 
problem.
      The above shall not apply to the Grand Canyon, tribal 
lands abutting the Grand Canyon, or to flights over Lake Mead 
that are on the way to the Grand Canyon.
      FAA shall establish standards for quiet aircraft within 1 
year or explain to Congress why it will be unable to do so. 
Quiet aircraft may get special routes for Grand Canyon air 
tours and may not be subject to the cap on the number of 
flights there.
      Air tours over the Rocky Mountain National Park are 
prohibited. Reports are required on the effect of overflight 
fees on the air tour industry and on the effectiveness of this 
title in providing incentives for the development and use of 
quiet aircraft.
      This provision is not intended to interfere with FAA's 
sole jurisdiction over airspace.
      Except for section 808, dealing with methodologies used 
to assess air tour noise, this title does not apply to Alaska.

               177. Research, Engineering and Development

House Bill
      No provision. However, on September 15, 1999, the House 
passed related legislation (H.R. 1551, House report 106-223). 
Of the amounts authorized for Airport Technology Projects and 
activities in FY 2000, the House Science Committee intends that 
at least $1,500,000 shall be for obligation for grants or 
cooperative agreements awarded through a competitive, merit-
based process to carry out research on innovative methods of 
using concrete in the design, construction, rehabilitation, and 
repair of rigid airport improvements. To the extent 
practicable, the Administrator shall consider awards to 
universities, and non-profit concrete pavement research 
foundations that would ensure industry participation. Of the 
amounts authorized to be appropriated for the Airport 
Technology Projects and activities in FY 2001, the Committee 
intends that at least $2,000,000 shall be for this purpose. The 
Committee recognizes that taxpayers spend $2 billion a year on 
runway pavements construction and maintenance. Investing today 
in research to develop longer-lasting and more reliable runways 
has the potential to save millions of dollars later.
Senate Amendment
      Title XIII: Authorizes $240 million for FY 00, $250 
million for FY 01, and $260 million for FY 02. Encourages 
cooperation, nonduplication and integrated planning. Requires 
FAA and NASA by 3/1/00 to submit an integrated civil aviation 
research and development plan. The abstracts related to 
research grants will be published on the FAA home page. 
Research on life of aircraft to include nonstructural aircraft 
systems. Requires FAA to develop and transmit a plan for the 
continued implementation of Free Flight Phase I for FY03-FY05, 
to include budget estimates for continuing operational 
capabilities. Sense of Senate that FAA should develop a 
national policy to protect the frequency spectrum used for GPS, 
and to expedite the appointment of U.S. Ambassador to the World 
Radio Communication Conference.
Conference Substitute
      Title IX: Combines the Senate bill and H.R. 1551. 
Authorizes funding for fiscal years 2000, 2001, and 2002 at 
$224 million, $237 million, and $249 million respectively.
      Of the amounts authorized for Airport Technology Projects 
and activities, that $1,500,000 in FY 2000 and $2,000,000 in FY 
2001 may be for grants of cooperative agreements to carry out 
research on innovative methods of using concrete in the design, 
construction, rehabilitation, and repair of rigid airport 
pavements. The Administrator shall consider awards to non-
profit concrete pavement research foundations that would ensure 
industry participation.
      Winglet efficiency/wake vortex--The conferees recommend 
that such sums as necessary be expended for research, 
prototyping, and flight testing winglet efficiency/wake vortex 
technology, which reduces fuel consumption and reduces the 
severity of wake vortex creation potential allowing more 
efficient spacing of aircraft. The Managers also direct FAA to 
work in consultation with NASA on this research.
      High Speed Technologies. The Managers have been made 
aware of high-speed technologies that are being developed that 
could provide expedited delivery of goods. Such technologies 
have other capabilities. The Managers direct the Administrator 
to report, by letter, on FAA actions to facilitate the use of 
such technologies within low-orbit and traditional air traffic 
procedures.

                             178. Tax title

Present Law
      The present-law Airport and Airway Trust Fund provisions 
in the Internal Revenue Code (the ``Code'') authorize 
expenditures from the Trust Fund through September 30, 1998, 
for the purposes provided in specified previously enacted 
authorization Acts (sec. 9502). Permitted expenditure purposes 
under these Acts are those as in effect on the date of 
enactment of the Federal Aviation Reauthorization Act of 1996.
House Bill
      The House bill includes provisions expanding Airport and 
Airway Trust Fund expenditure purposes to include expenditures 
provided for in (1) the House bill and (2) appropriations Acts 
enacted after 1996 and before the House bill. The House bill 
further includes provisions to discourage future Trust Fund 
expenditures for purposes not approved in the Code provisions.
Senate Amendment
      No provision. However, S. 2279, as previously passed by 
the Senate, included provisions identical to those in the House 
bill.
Conference Substitute
      The conference agreement includes the provisions of the 
House bill, with modifications to conform the Airport and 
Airway Trust Fund expenditure purposes of the conference 
agreement.

                        179. budgetary treatment

House Bill
      Title IX and X. Takes the aviation trust fund off budget.
Senate Amendment
      No provision.
Conference Substitute
      The conference includes a compromise provision.

          180. whistleblower protection for airline employees

House Bill
      Title VI: Prohibits airlines and their contractors or 
subcontractors from taking adverse action against an employee 
whom provided or is about to provide (with any knowledge of the 
employer) any safety information. Requires complaints be filed 
within 180 days. Establishes procedures to protect 
whistleblowers. Provides $5,000 penalty for an employee that 
files a frivolous complaint. Defines contractor. Establishes 
civil penalties for violations.
Senate Amendment
      Section 419: Prohibits airlines and their contractors or 
subcontractors from taking adverse action against an employee 
whom provided or is about to provide any safety information. 
Requires complaints be filed at DOL within 90 days. Establishes 
procedures to protect whistleblowers. Defines contractor. 
Establishes civil penalties for violations. Frivolous 
complaints are governed by Rule 11 of the Federal Rules of 
Civil Procedure.
Conference Substitute
      House provision but reduce the penalty for frivolous 
complaints to $1,000.

                  181. centennial of flight commission

House Bill
      Section 720: 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.
Senate Amendment
      No provision.
Conference Substitute
      No provision. Addressed in Public Law 106-68.

                182. allocation of trust fund spending.

House bill
      No provision.
Senate Amendment
      Section 428: Treasury shall annually report to DOT on the 
aviation taxes collected in each State and DOT shall annually 
report to Congress the State dollar contribution to the 
Aviation Trust Fund and the amount of AIP funds that were made 
available by State.
Conference Substitute
      No provision.

           183. sense of the senate on airport property taxes

House Bill
      No provision.
Senate Amendment
      Section 423: Sense of the Senate that property taxes be 
assessed fairly and a specific tax in Oregon should be 
repealed.
Conference Substitute
      No provision.

              184. monroe regional airport land conveyance

House Bill
      Section 739: Waives deed restrictions to permit Monroe to 
sell airport land as long as the city receives fair market 
value for the land and the amount it receives is used for 
airport purposes or for investment in an industrial park that 
will pay more rent as a result of that investment.
Senate Amendment
      Section 440: Authorizes DOT to waive deed restrictions to 
permit Monroe to sell airport land as long as the city receives 
fair market value for the land and the amount it receives is 
used for airport purposes or for investment in an industrial 
park that will pay more rent as a result of that investment.
Conference Substitute
      No provision.

               185. automated weather forecasting system

House Bill
      Section 740: Directs FAA to contract with the National 
Academy of Sciences to study the effectiveness of automated 
weather forecasting services at flight service stations that do 
not have human weather observers. Report required in 1 year.
Senate Amendment
      No provision.
Conference Substitute
      No provision.

                186. bankruptcy, rolling stock equipment

House Bill
      No Provision.
Senate Amendment
      Section 439: Amends Sec. 1110 of the Bankruptcy Code to 
clarify its operation and remove the ambiguity created by 
recent federal court decisions in the Western Pacific 
bankruptcy case. Because of this litigation, uncertainty exists 
in the international financial community regarding whether Sec. 
1110 effectively protects both lessors and lenders in 
connection with bankruptcy adjudication.
Conference Substitute
      Senate.

                           187. coordination

House Bill
      No provision.
Senate Amendment
      Section 101(b): The authority granted the Secretary under 
section 41720 does not affect the Secretary's authority under 
any other provision of law.
Conference Substitute
      Section 231: Senate.

                         188. reliever airports

House Bill
      No provision.
Senate Amendment
      Section 205(e): Changes definition of public-use airport 
to make privately owned reliever airports ineligible for grants 
if they did not receive an AIP grant before 1997, and the FAA 
has issued revised administrative guidance for the designation 
of reliever airports.
Conference Substitute
      No provision.

                        MISCELLANEOUS PROVISIONS

      Security. The Managers believe that vigilance must be 
constantly maintained in the civil aviation security program. 
An indispensable element of that program is the employment 
history verification requirement that 14 C.F.R. sections 107.31 
and 108.33 impose on those persons seeking unescorted access to 
any secured area of U.S. airports. Airport operators and air 
carriers are responsible for conducting or making sure not only 
that their employees are subject to such verifications but also 
that tenant and contractor employees undergo the same 
employment history scrutiny.
      The Managers understand that the Federal Aviation 
Administration is developing audit procedures to determine 
compliance with the verification requirement. Members of the 
aviation community, including airport operators and airlines, 
are submitting comments responding that proposal. The Committee 
urges the FAA to complete promptly a workable audit program 
that appropriately reflects input from affected members of the 
aviation community. The FAA is currently conducting a 
fingerprint background check pilot program. If this proves 
successful, the FAA should consider expanding the program to 
Category X airports.
      The Southern California Region Airspace Utilization. The 
conferees urge the FAA to study airspace utilization in the 
southern California region as part of the National Airspace 
Redesign. This study will help the region to determine how to 
handle increasing demands for cargo and passenger air service 
and effectively address future transportation issues.
      Broadcasting series. An effective, efficient, and safe 
aviation system improves American's quality of life and 
strengthens our Nation's ability to compete in the global 
economy. It is important that the public understands the vital 
role that aviation plays in our Nation's advancement. The 
conferees strongly encourage that funds authorized for FAA 
Operations be made available to fund a public service series on 
the changing face of aviation in the 21st century. The series 
should highlight technological and programmatic advances in 
aviation safety and operations.
      Feasibility study. The Managers direct the FAA to proceed 
with the planned study for the Louisiana Airport Authority 
outlined in the FAA December 7, 1999 memo. This study should 
include the feasibility of an intermodal facility, take into 
account existing aviation assets, and, if feasible, work with 
the appropriate management.
      Cargo. Air cargo is growing faster than any other 
aviation industry, approximately 6.6% per year. With this type 
of growth, the conferees recognize the need to evaluate the air 
cargo distribution process. We urge DOT to conduct an 
intermodal study of the air cargo supply chain to identify 
system weakness and potential efficiencies to ensure the U.S. 
air cargo system can meet the needs of air freight in the 21st 
century.

                                   Bud Shuster,
                                   Don Young,
                                   Thomas E. Petri,
                                   John J. Duncan, Jr.,
                                   Thomas W. Ewing,
                                   Stephen Horn,
                                   Jack Quinn,
                                   Vernon J. Ehlers,
                                   Charles F. Bass,
                                   Edward A. Pease,
                                   John E. Sweeney,
                                   James L. Oberstar,
                                   Nick Rahall,
                                   William O. Lipinski,
                                   Peter DeFazio,
                                   Jerry F. Costello,
                                   Pat Danner,
                                   Eddie Bernice Johnson,
                                   Juanita Millender-McDonald,
                From the Committee on Ways and Means, for 
                consideration of title XI of the House bill, 
                and modifications committed to conference:
                                   Bill Archer,
                                   Phil Crane,
                                   Charles B. Rangel,
                From the Committee on Science, for 
                consideration of title XIII of the Senate 
                amendment, and modifications committed to 
                conference:
                                   Connie Morella,
                                   Ralph M. Hall,
                                 Managers on the Part of the House.

                From the Committee on Commerce, Science, and 
                Transportation:
                                   Ted Stevens,
                                   Conrad Burns,
                                   Slade Gorton,
                                   Trent Lott,
                                   Fritz Hollings,
                                   Daniel K. Inouye,
                                   John D. Rockefeller IV,
                                   John F. Kerry,
                From the Committee on the Budget:
                                   Pete V. Domenici,
                                   Chuck Grassley,
                                   Don Nickles,
                                   Kent Conrad,
                                Managers on the Part of the Senate.

                                
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