[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.