[106th Congress Public Law 181]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ181.106]


[[Page 114 STAT. 61]]

Public Law 106-181
106th Congress

                                 An Act


 
 To amend title 49, United States Code, to reauthorize programs of the 
Federal Aviation Administration, and for other purposes. <<NOTE: Apr. 5, 
                         2000 -  [H.R. 1000]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Wendell H. Ford Aviation Investment 
and Reform Act for the 21st Century.>> Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 49 USC 40101 note.>> Title.--This Act may be cited 
as the ``Wendell H. Ford Aviation Investment and Reform Act for the 21st 
Century''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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.

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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.

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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.

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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 the 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. <<NOTE: 49 USC 106 note.>> 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. <<NOTE: 49 USC 40102 note.>> 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.

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                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:

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    ``(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

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                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 <<NOTE: 49 USC 111 note.>> 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--

[[Page 114 STAT. 68]]

                          ``(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.

[[Page 114 STAT. 69]]

                    ``(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

[[Page 114 STAT. 70]]

                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 two-thirds 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.

[[Page 114 STAT. 71]]

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 airorts.--
                    ``(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

[[Page 114 STAT. 72]]

                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. <<NOTE: 49 USC 48101 note.>> 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

[[Page 114 STAT. 73]]

        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

[[Page 114 STAT. 74]]

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.

[[Page 114 STAT. 75]]

    (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. <<NOTE: 49 USC 44502 note. Deadlines.>> ENHANCED VISION 
            TECHNOLOGIES.

    (a) Study.--The <<NOTE: Contracts.>> 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 the 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) <<NOTE: Federal Register, 
                publication.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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:

[[Page 114 STAT. 76]]

    ``(d) Waiver <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 49 USC 47107 note.>> 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

[[Page 114 STAT. 77]]

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

[[Page 114 STAT. 78]]

                (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, one 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

[[Page 114 STAT. 79]]

                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.--

[[Page 114 STAT. 80]]

                    ``(A) In general.--Notwithstanding any other 
                provision of this subchapter, the Secretary may provide 
                grants under this subchapter to not more than two 
                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 the 
                enactment of this section.''.

[[Page 114 STAT. 81]]

    (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.

[[Page 114 STAT. 82]]

    ``(h) Report <<NOTE: Deadline.>> to Congress.--Not later than 18 
months after the date of the 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.''.

[[Page 114 STAT. 83]]

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 one project to test and evaluate innovative aviation security 
systems and related technology.
    ``(b) Priority.--In carrying out this section, the Secretary shall 
give the highest priority to a request from an eligible sponsor for a 
grant to undertake a project that--
            ``(1) evaluates and tests the benefits of innovative 
        aviation security systems or related technology, including 
        explosives detection systems, for the purpose of improving 
        aviation 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'';

[[Page 114 STAT. 84]]

            (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'';

[[Page 114 STAT. 85]]

            (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. <<NOTE: 49 USC 47104 note.>> 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

[[Page 114 STAT. 86]]

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 three 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:

[[Page 114 STAT. 87]]

                    ``(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

[[Page 114 STAT. 88]]

            (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 <<NOTE: 49 USC 40117 note.>> 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

[[Page 114 STAT. 89]]

        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 the 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 <<NOTE: 49 USC 47101 note.>> 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 of the 
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. <<NOTE: 49 USC 44505 note.>> 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 <<NOTE: Deadline.>> later than 1 year after the 
date of the enactment of this Act, the Administrator shall transmit to 
Congress a report on the results of the study, together with 
recommendations concerning the use of recycled materials in aviation 
pavement.

[[Page 114 STAT. 90]]

    (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. <<NOTE: 49 USC 47101 note.>> 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. <<NOTE: 49 USC 48103 note.>> 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. <<NOTE: 49 USC 44505 note.>> 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 <<NOTE: Deadline.>> to Congress.--Not later than 12 
months after the date of the 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.

[[Page 114 STAT. 91]]

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

    Not <<NOTE: Deadline.>> later than 9 months after the date of the 
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.''.

[[Page 114 STAT. 92]]

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 four 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--

[[Page 114 STAT. 93]]

            ``(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:

[[Page 114 STAT. 94]]

``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 one 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. <<NOTE: 49 USC 41731 note.>> 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 <<NOTE: Deadline.>> later than 60 days after the 
date of the enactment of this section, the Secretary shall transmit to 
Congress a report containing the analysis and plan described in 
subsection (a).

SEC. 207. <<NOTE: 49 USC 41731 note.>> MARKETING PRACTICES.

    (a) Review of Marketing Practices That Adversely Affect Service to 
Small or Medium Communities.--Not <<NOTE: Deadline.>> later than 180 
days after the date of the 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;

[[Page 114 STAT. 95]]

            (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 the 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 <<NOTE: 49 USC 41733 note.>> on Certain Orders.--All 
orders issued by the Secretary after September 30, 1999, and before the 
date of the 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.

[[Page 114 STAT. 96]]

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.

[[Page 114 STAT. 97]]

            ``(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--

[[Page 114 STAT. 98]]

                          ``(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 <<NOTE: Deadline.>> 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

[[Page 114 STAT. 99]]

                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.

[[Page 114 STAT. 100]]

                    ``(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 <<NOTE: Deadline.>> 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.

[[Page 114 STAT. 101]]

    ``(h) Requirement.--Subject to subsection (i), no Federal credit 
instrument may be made under this section for the purchase of any 
regional jet aircraft that does not comply with the stage 3 noise levels 
of part 36 of title 14 of the Code of Federal Regulations, as in effect 
on January 1, 1999.
    ``(i) Other Limitations.--No Federal credit instrument shall be made 
by the Secretary under this section for the purchase of a regional jet 
aircraft unless the commuter air carrier or new entrant air carrier 
enters into a legally binding agreement that requires the carrier to 
provide scheduled passenger air transportation to the underserved market 
for which the aircraft is purchased for a period of not less than 36 
consecutive months after the date that aircraft is placed in service.

``Sec. 41764. Use of Federal facilities and assistance

    ``(a) Use of Federal Facilities.--To permit the Secretary of 
Transportation to make use of such expert advice and services as the 
Secretary may require in carrying out this subchapter, the Secretary may 
use available services and facilities of other agencies and 
instrumentalities of the United States Government--
            ``(1) with the consent of the appropriate Federal officials; 
        and
            ``(2) on a reimbursable basis.

    ``(b) Assistance.--The head of each appropriate department or agency 
of the United States Government shall exercise the duties and powers of 
that head in such manner as to assist in carrying out the policy 
specified in section 41761.
    ``(c) Oversight.--The Secretary shall make available to the 
Comptroller General of the United States such information with respect 
to any Federal credit instrument made under this subchapter as the 
Comptroller General may require to carry out the duties of the 
Comptroller General under chapter 7 of title 31, 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

[[Page 114 STAT. 102]]

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.

[[Page 114 STAT. 103]]

SEC. 224. <<NOTE: Deadlines.>> 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 on the 
                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.

[[Page 114 STAT. 104]]

                          (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 <<NOTE: Deadline.>> later than 30 days after the date of the 
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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> Force.--Not later than 90 days after 
the date of the 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;

[[Page 114 STAT. 105]]

            (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 nine 
        members as follows:
                    (A) Three members appointed by the Secretary.
                    (B) Two members appointed by the Speaker of the 
                House of Representatives.
                    (C) One member appointed by the minority leader of 
                the House of Representatives.
                    (D) Two members appointed by the majority leader of 
                the Senate.
                    (E) One member appointed by the minority leader of 
                the Senate.
            (2) Qualifications.--Of the members appointed by the 
        Secretary under paragraph (1)(A)--
                    (A) one member shall be a representative of the 
                travel agent industry;
                    (B) one member shall be a representative of the 
                airline industry; and
                    (C) one 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.

[[Page 114 STAT. 106]]

            (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 <<NOTE: Deadline.>> 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;

[[Page 114 STAT. 107]]

                    ``(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 two 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--

[[Page 114 STAT. 108]]

                    (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.--

[[Page 114 STAT. 109]]

            ``(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 the number 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

[[Page 114 STAT. 110]]

that is smaller than a nonhub airport, on or before the date of the 
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 three 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 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 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.

[[Page 114 STAT. 111]]

            ``(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 the 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--

[[Page 114 STAT. 112]]

            ``(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 <<NOTE: Effective date.>> 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 <<NOTE: 49 USC 41714 note.>> 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 the 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

[[Page 114 STAT. 113]]

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 two operations.
            ``(3) Allocation of within-perimeter exemptions.--Of the 
        exemptions granted under subsection (b)--
                    ``(A) four shall be for air transportation to small 
                hub airports and nonhub airports; and
                    ``(B) eight shall be for air transportation to 
                medium hub and smaller airports.
            ``(4) Applicability to exemption no. 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 the 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 the enactment of this subsection.
            ``(3) Deadline for final decision.--Not later than the 90th 
        day following the date of the 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

[[Page 114 STAT. 114]]

        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 the 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 <<NOTE: Deadline.>> later than 1 year after 
        the date of the 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, D.C., that 
        noise standards, air traffic congestion, airport-related 
        vehicular congestion, safety standards, and adequate air service 
        to communities served by small hub airports and medium hub 
        airports within the perimeter described in section 49109 of 
        title 49, United States Code, have been maintained at 
        appropriate levels.

    (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.''.

[[Page 114 STAT. 115]]

    (g) Study of Community Noise Levels Around High Density Airports.--
The Secretary shall study community noise levels in the areas 
surrounding the four 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--

[[Page 114 STAT. 116]]

                          ``(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

[[Page 114 STAT. 117]]

                    (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 two 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

[[Page 114 STAT. 118]]

                      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 five 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.

[[Page 114 STAT. 119]]

                          ``(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.

[[Page 114 STAT. 120]]

                          ``(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, United States Code.
                    ``(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 <<NOTE: Deadline.>> 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.

[[Page 114 STAT. 121]]

                          ``(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 on 
                      Commerce, 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 <<NOTE: 49 USC 106 note.>> Dates.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act.
            (2) Initial nominations to air traffic services 
        subcommittee.--The <<NOTE: Deadline.>> 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 the 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

[[Page 114 STAT. 122]]

                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;
                          ``(iii) annual and long-range strategic plans; 
                      and
                          ``(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. <<NOTE: 49 USC 44505 note.>> 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

[[Page 114 STAT. 123]]

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 one 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 <<NOTE: Deadline.>> later than 90 days after 
the date of the 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'';

[[Page 114 STAT. 124]]

            (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

[[Page 114 STAT. 125]]

        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 <<NOTE: Deadline.>> 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 the 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.

[[Page 114 STAT. 126]]

                    ``(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.''.

[[Page 114 STAT. 127]]

SEC. 309. <<NOTE: 49 USC 40101 note.>> 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 <<NOTE: Deadline.>> reports.--Not later 
                than December 31, 2000, and annually thereafter until 
                December 31, 2004, the Inspector General shall transmit 
                to Congress an

[[Page 114 STAT. 128]]

                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. <<NOTE: 49 USC 47106 note.>> 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 <<NOTE: Deadline.>> later than 1 year after the 
date of the 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 <<NOTE: Deadline.>> 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.

[[Page 114 STAT. 129]]

                       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:

[[Page 114 STAT. 130]]

            ``(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 <<NOTE: 49 USC 41113 note.>> of updated 
        plans.--The amendments made by paragraphs (1), (2), and (3) 
        shall take effect on the 180th day following the date of the 
        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 the enactment of this section, 
                each air carrier'' and inserting ``Each air carrier''; 
                and
                    (B) in subsection (c) by striking ``After the date 
                that is 6 months after the date of the enactment of this 
                section, the Secretary'' and inserting ``The 
                Secretary''.

    (b) Limitation on Liability.--Section 41113(d) is amended by 
inserting ``, or in providing information concerning a 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

[[Page 114 STAT. 131]]

        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 <<NOTE: 49 USC 41313 note.>> of updated 
        plans.--The amendment made by paragraph (1) shall take effect on 
        the 180th day following the date of the 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 <<NOTE: 46 USC app. 761 note.>> 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.--

[[Page 114 STAT. 132]]

            ``(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 <<NOTE: Deadline. 49 USC 44712 
note.>> 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 <<NOTE: Regulations. Deadline.>> 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

[[Page 114 STAT. 133]]

        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 <<NOTE: 49 USC 44718 note.>> 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 the 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 the 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:

[[Page 114 STAT. 134]]

            ``(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 the 
        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

[[Page 114 STAT. 135]]

        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.

[[Page 114 STAT. 136]]

    ``(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. <<NOTE: Aircraft Safety Act of 2000.>> PREVENTION OF FRAUDS 
            INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS IN INTERSTATE OR 
            FOREIGN COMMERCE.

    (a) Short <<NOTE: 18 USC 31 note.>> 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

[[Page 114 STAT. 137]]

        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;

[[Page 114 STAT. 138]]

            ``(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

[[Page 114 STAT. 139]]

        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),''.

[[Page 114 STAT. 140]]

SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.

    Section 46312 is amended--
            (1) by inserting ``(a) In 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

[[Page 114 STAT. 141]]

        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 <<NOTE: Deadline.>> later than 60 days after the date of the 
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.

[[Page 114 STAT. 142]]

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. <<NOTE: 49 USC 44903 note.>> 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.--

[[Page 114 STAT. 143]]

                    (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 <<NOTE: Deadline.>> of Congress.--Not later than 
90 days after the date of the 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,

[[Page 114 STAT. 144]]

and Transportation of the Senate on whether or not the Attorney General 
intends to establish the program authorized by this section.

SEC. 513. <<NOTE: Deadlines.>> 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 <<NOTE: Deadline.>> of Comments.--Not later than 6 
months after the date of the 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 <<NOTE: 49 USC 47106 note.>> 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 <<NOTE: 49 USC 47106 note.>> 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.

[[Page 114 STAT. 145]]

SEC. 515. <<NOTE: Deadline.>> PRECISION APPROACH PATH INDICATORS.

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

SEC. 516. <<NOTE: 49 USC 44505 note.>> 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 <<NOTE: Deadline.>> later than 1 year after the 
date of the enactment of this Act, the Administrator shall transmit to 
Congress a report on the results of the study conducted under this 
section.

SEC. 517. <<NOTE: 49 USC 44515 note.>> 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. <<NOTE: 49 USC 44706 note.>> SMALL AIRPORT CERTIFICATION.

    Not <<NOTE: Deadlines.>> 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. <<NOTE: Regulations.>> 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

[[Page 114 STAT. 146]]

        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 <<NOTE: Deadline.>> 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 <<NOTE: Deadlines.>> 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

[[Page 114 STAT. 147]]

                      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.

[[Page 114 STAT. 148]]

                    ``(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. <<NOTE: Deadline.>> 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.

[[Page 114 STAT. 149]]

    ``(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. <<NOTE: 49 USC 44505 note.>> 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 <<NOTE: Deadline.>> later than 1 year after the 
date of the enactment of this Act, the Administrator shall transmit to 
Congress a report on the results of the study conducted under this 
section.

          TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

SEC. 601. <<NOTE: 49 USC 44721 note.>> TRANSFER OF FUNCTIONS, POWERS, 
            AND DUTIES.

    Effective <<NOTE: Effective date.>> 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. <<NOTE: 49 USC 44721 note.>> TRANSFER OF OFFICE, PERSONNEL, 
            AND FUNDS.

    (a) Transfer <<NOTE: Effective dates.>> 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.

[[Page 114 STAT. 150]]

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 <<NOTE: Effective date.>> 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;

[[Page 114 STAT. 151]]

            ``(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

[[Page 114 STAT. 152]]

                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. <<NOTE: 49 USC 44721 note.>> 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

[[Page 114 STAT. 153]]

        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

[[Page 114 STAT. 154]]

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. <<NOTE: 49 USC 44721 note.>> 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

[[Page 114 STAT. 155]]

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.

[[Page 114 STAT. 156]]

            ``(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 non-crewmember.
    ``(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 title 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 <<NOTE: Deadline.>> later than 6 months 
        after the date of the 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 <<NOTE: Federal Register, 
        publication.>> (1) shall not apply to any portion of a proposal 
        of an offeror the disclosure of which is

[[Page 114 STAT. 157]]

        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. <<NOTE: 49 USC 40110 note.>> 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 1 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 1 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

[[Page 114 STAT. 158]]

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 <<NOTE: Deadline.>> assistance.--Not later 
        than 180 days after the date of the 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 <<NOTE: 49 USC 41705 note.>> 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.

[[Page 114 STAT. 159]]

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 <<NOTE: 49 USC 41706 note.>> Date.--The amendment made 
by subsection (a) shall take effect on the date that is 60 days after 
the date of the 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 two 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.

[[Page 114 STAT. 160]]

    ``(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 attitudes and 
                mechanical malfunctions;

[[Page 114 STAT. 161]]

                    ``(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 <<NOTE: Deadline.>> later than 1 year after the 
date of the 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 <<NOTE: Deadline.>> and Associated Training.--Not 
later than 12 months after the date of the 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.

[[Page 114 STAT. 162]]

            ``(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 the 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 <<NOTE: Deadline. Notification.>> and 
        implementation of program.--Not later than 60 days after the 
        date of the 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 one-time written notification to airmen 
        to set forth the implications of making information concerning 
        an airman available to the public under paragraph (1) and to 
        carry out paragraph (2). 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.--

[[Page 114 STAT. 163]]

            ``(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 <<NOTE: Deadlines.>> 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 <<NOTE: Deadline.>> 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'';

[[Page 114 STAT. 164]]

            (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) <<NOTE: 49 USC 47528 and 
note.>> 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 <<NOTE: Deadline.>> To Be Published.--Not 
        later than 30 days after the date of the 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

[[Page 114 STAT. 165]]

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 <<NOTE: 49 USC 47528 
        note.>> 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 the 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 the 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 nine 
        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).

[[Page 114 STAT. 166]]

            ``(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 <<NOTE: Deadline.>> later than 180 days after the 
date of the enactment of this Act, the Administrator shall transmit to 
Congress a report on the results of the study conducted under 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. <<NOTE: 49 USC 40101 note.>> PASSENGER CABIN AIR QUALITY.

    (a) Study of Air Quality in Passenger Cabins in Commercial 
Aircraft.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 60 days 
        after the date of the 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

[[Page 114 STAT. 167]]

                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. <<NOTE: 49 USC 47508 note.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: Deadline. New Mexico.>> TAOS PUEBLO AND BLUE LAKES 
            WILDERNESS AREA DEMONSTRATION PROJECT.

    Not later than 18 months after the date of the 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.

[[Page 114 STAT. 168]]

SEC. 728. <<NOTE: 49 USC 44720 note.>> 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. <<NOTE: 49 USC 44103 note.>> 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 <<NOTE: Deadline.>> Memoranda To Be Conformed.--Not 
later than 30 days after the date of the 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 <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 44701 note.>> REGULATION OF ALASKA GUIDE 
            PILOTS.

    (a) In <<NOTE: Effective date.>> General.--Beginning on the date of 
the enactment of this Act, flight operations conducted by Alaska guide 
pilots shall

[[Page 114 STAT. 169]]

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

[[Page 114 STAT. 170]]

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. <<NOTE: 49 USC 44707 note.>> 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) nine members appointed by the Administrator as 
        follows:
                    (A) three representatives of labor organizations 
                representing aviation mechanics;
                    (B) one representative of cargo air carriers;
                    (C) one representative of passenger air carriers;
                    (D) one representative of aircraft repair 
                facilities;
                    (E) one representative of aircraft manufacturers;
                    (F) one representative of on-demand passenger air 
                carriers and corporate aircraft operations; and
                    (G) one representative of regional passenger air 
                carriers;
            (2) one representative from the Department of Commerce, 
        designated by the Secretary of Commerce;
            (3) one representative from the Department of State, 
        designated by the Secretary of State; and
            (4) one 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 <<NOTE: Regulations.>> 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,

[[Page 114 STAT. 171]]

        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 the enactment 
        of this Act; or
            (2) December 31, 2001.

    (h) Definitions.--The <<NOTE: Applicability.>> definitions contained 
in section 40102 of title 49, United States Code, shall apply to this 
section.

SEC. 735. <<NOTE: 49 USC 40101 note.>> 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 <<NOTE: Deadline.>> later than 1 year after the 
date of the enactment of this Act, the Administrator shall transmit to 
Congress a report on the results of the study.

SEC. 736. <<NOTE: 49 USC 40103 note.>> 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.

[[Page 114 STAT. 172]]

            (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 <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 47106 note.>> 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. <<NOTE: Ohio.>> 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 
requirements for sponsorship and if the City of Blue Ash agrees to 
continue to maintain and operate Blue Ash Airport, as generally 
contemplated and described within the Blue Ash Master Plan Update dated 
November 30, 1998, for a period of 20 years from the date existing grant 
assurance obligations of the City of Cincinnati expire.
    (b) Treatment of Proceeds From Sale.--The 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.

[[Page 114 STAT. 173]]

SEC. 740. <<NOTE: 10 USC 2576 note.>> 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 the 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 the 
        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;

[[Page 114 STAT. 174]]

                    (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 <<NOTE: Deadline.>> 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

[[Page 114 STAT. 175]]

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. <<NOTE: 49 USC 44504 note.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 44505 note.>> 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 <<NOTE: Deadline.>> 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

[[Page 114 STAT. 176]]

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) <<NOTE: Applicability.>> 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.

[[Page 114 STAT. 177]]

    ``(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 under such 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.

[[Page 114 STAT. 178]]

    ``(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) <<NOTE: Applicability.>> 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. <<NOTE: 49 USC 47501 note.>> 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.

[[Page 114 STAT. 179]]

    (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 <<NOTE: Deadline.>> later than 1 year after the 
date of the 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 <<NOTE: Deadline.>> general.--Not later than 90 days 
        after the date of the 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. <<NOTE: 49 USC 47501 note.>> 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 <<NOTE: Deadline.>> later than 1 year after the 
date of the 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,

[[Page 114 STAT. 180]]

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 <<NOTE: Regulations.>> 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 <<NOTE: Regulations.>> 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.

[[Page 114 STAT. 181]]

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 the 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 the 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 <<NOTE: Regulations.>> 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 the 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.

[[Page 114 STAT. 182]]

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) <<NOTE: Regulations.>> 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. <<NOTE: Alaska.>> 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 <<NOTE: Deadline.>> later than 120 days after the 
date of the 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

[[Page 114 STAT. 183]]

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. <<NOTE: Procedures.>> 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. <<NOTE: Deadlines.>> STREAMLINING SEAT AND RESTRAINT SYSTEM 
            CERTIFICATION PROCESS AND DYNAMIC TESTING REQUIREMENTS.

    (a) Working Groups.--Not later than 3 months after the date of the 
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 the 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

[[Page 114 STAT. 184]]

            (3) study the feasibility of increasing the standard 
        altitude over the Brandywine Intercept from 3,000 feet to 4,000 
        feet.

SEC. 759. <<NOTE: Deadline.>> 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 THE CONGRESS REGARDING PROTECTING THE FREQUENCY 
            SPECTRUM USED FOR AVIATION COMMUNICATION.

    It is the sense of the 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 
Secrtaries 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

[[Page 114 STAT. 185]]

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 two 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 two 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 <<NOTE: National Parks Air Tour Management Act of 2000.>> VIII--
NATIONAL PARKS AIR TOUR MANAGEMENT

SEC. 801. <<NOTE: 49 USC 40128 note.>> SHORT TITLE.

    This title may be cited as the ``National Parks Air Tour Management 
Act of 2000''.

[[Page 114 STAT. 186]]

SEC. 802. <<NOTE: 49 USC 40128 note.>> 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. <<NOTE: 49 USC 40128 note.>> 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

[[Page 114 STAT. 187]]

                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 <<NOTE: Deadline.>> 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 five flights in 
                any 30-day period over a particular park.

[[Page 114 STAT. 188]]

            ``(4) Special <<NOTE: Deadlines.>> rule for safety 
        requirements.--Notwithstanding subsection (c), an existing 
        commercial air tour operator shall apply, not later than 90 days 
        after the date of the 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

[[Page 114 STAT. 189]]

                    ``(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) <<NOTE: Public information.>> hold at least 
                one public meeting with interested parties to develop 
                the air tour management plan;
                    ``(B) <<NOTE: Federal Register, 
                publication.>> 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) <<NOTE: Native Americans.>> 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. <<NOTE: Federal Register, publication.>> 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 the 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

[[Page 114 STAT. 190]]

                granted unless such an increase is agreed to by the 
                Administrator and the Director;
                    ``(C) <<NOTE: Federal Register, publication.>> shall 
                be published in the Federal Register to provide notice 
                and opportunity for comment;
                    ``(D) may be revoked by the Administrator for cause;
                    ``(E) <<NOTE: Termination date.>> 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 the 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 the 
        enactment of this section.

[[Page 114 STAT. 191]]

            ``(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.

[[Page 114 STAT. 192]]

            ``(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. <<NOTE: Arizona. Nevada.>> QUIET AIRCRAFT TECHNOLOGY FOR GRAND 
            CANYON.

    (a) Quiet <<NOTE: Deadline.>> Technology Requirements.--Within 12 
months after the date of the 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 <<NOTE: Reports.>> 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 <<NOTE: Regulations.>> 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 the 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--

[[Page 114 STAT. 193]]

            (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. <<NOTE: 49 USC 40128 note.>> ADVISORY GROUP.

    (a) Establishment.--Not <<NOTE: Deadline.>> later than 1 year after 
the date of the 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

[[Page 114 STAT. 194]]

        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. <<NOTE: Effective date. 49 USC 40128 note.>> PROHIBITION OF 
            COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY MOUNTAIN 
            NATIONAL PARK.

    Effective beginning on the date of the 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. <<NOTE: Deadlines. 49 USC 40128 note.>> REPORTS.

    (a) Overflight Fee Report.--Not later than 180 days after the date 
of the 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 the 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. <<NOTE: 49 USC 40128 note.>> 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. <<NOTE: 49 USC 40128 note.>> 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) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4)(J);

[[Page 114 STAT. 195]]

            (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) of title 49, United States Code, 
is 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 ``; 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 <<NOTE: Reports.>> ``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 <<NOTE: Deadline.>> 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

[[Page 114 STAT. 196]]

        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. <<NOTE: Records. 49 USC 106 note.>> 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) of title 49, United States Code, is amended by 
inserting ``, including nonstructural aircraft systems,'' after ``life 
of aircraft''.

SEC. 905. <<NOTE: 49 USC 44505 note.>> 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 <<NOTE: 26 USC 9502.>> (relating to expenditures 
from Airport and Airway Trust Fund) is amended--
            (1) by striking ``October 1, 1998'' and inserting ``October 
        1, 2003''; and

[[Page 114 STAT. 197]]

            (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.''.

    Approved April 5, 2000.

LEGISLATIVE HISTORY--H.R. 1000 (S. 82) (S. 1467):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 106-167 and Pt. 2 (Comm. on Transportation and 
Infrastructure) and 106-513 (Comm. of Conference).
SENATE REPORTS: No. 106-9 accompanying S. 82 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    June 15, considered and passed 
                                        House.
                                    Oct. 5, considered and passed 
                                        Senate, amended, in lieu of 
                                        S. 82.
                                                        Vol. 146 (2000):
                                    Mar. 8, Senate agreed to conference 
                                        report.
                                    Mar. 15, House agreed to conference 
                                        report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Apr. 5, Presidential statement.

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