[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1000 Engrossed Amendment Senate (EAS)] In the Senate of the United States, October 5, 1999. Resolved, That the bill from the House of Representatives (H.R. 1000) entitled ``An Act to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes.'', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE; TABLE OF SECTIONS. (a) Short Title.--This Act may be cited as the ``Air Transportation Improvement Act''. (b) Table of Sections.--The table of sections for this Act is as follows: Sec. 1. Short title; table of sections. Sec. 2. Amendments to title 49, United States Code. TITLE I--AUTHORIZATIONS Sec. 101. Federal Aviation Administration operations. Sec. 102. Air navigation facilities and equipment. Sec. 103. Airport planning and development and noise compatibility planning and programs. Sec. 104. Reprogramming notification requirement. Sec. 105. Airport security program. Sec. 106. Automated surface observation system stations. TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS Sec. 201. Removal of the cap on discretionary fund. Sec. 202. Innovative use of airport grant funds. Sec. 203. Matching share. Sec. 204. Increase in apportionment for noise compatibility planning and programs. Sec. 205. Technical amendments. Sec. 206. Report on efforts to implement capacity enhancements. Sec. 207. Prioritization of discretionary projects. Sec. 208. Public notice before grant assurance requirement waived. Sec. 209. Definition of public aircraft. Sec. 210. Terminal development costs. Sec. 211. Airfield pavement conditions. Sec. 212. Discretionary grants. Sec. 213. Contract tower cost-sharing. TITLE III--AMENDMENTS TO AVIATION LAW Sec. 301. Severable services contracts for periods crossing fiscal years. Sec. 302. Stage 3 noise level compliance for certain aircraft. Sec. 303. Government and industry consortia. Sec. 304. Implementation of Article 83 Bis of the Chicago Convention. Sec. 305. Foreign aviation services authority. Sec. 306. Flexibility to perform criminal history record checks; technical amendments to Pilot Records Improvement Act. Sec. 307. Extension of Aviation Insurance Program. Sec. 308. Technical corrections to civil penalty provisions. Sec. 309. Criminal penalty for pilots operating in air transportation without an airman's certificate. Sec. 310. Nondiscriminatory interline interconnection requirements. Sec. 311. Review process for emergency orders under section 44709. TITLE IV--MISCELLANEOUS Sec. 401. Oversight of FAA response to year 2000 problem. Sec. 402. Cargo collision avoidance systems deadline. Sec. 403. Runway safety areas; precision approach path indicators. Sec. 404. Airplane emergency locators. Sec. 405. Counterfeit aircraft parts. Sec. 406. FAA may fine unruly passengers. Sec. 407. Higher standards for handicapped access. Sec. 408. Conveyances of United States Government land. Sec. 409. Flight operations quality assurance rules. Sec. 410. Wide area augmentation system. Sec. 411. Regulation of Alaska guide pilots. Sec. 412. Alaska rural aviation improvement. Sec. 413. Human factors program. Sec. 414. Independent validation of FAA costs and allocations. Sec. 415. Application of Federal Procurement Policy Act. Sec. 416. Report on modernization of oceanic ATC system. Sec. 417. Report on air transportation oversight system. Sec. 418. Recycling of EIS. Sec. 419. Protection of employees providing air safety information. Sec. 420. Improvements to air navigation facilities. Sec. 421. Denial of airport access to certain air carriers. Sec. 422. Tourism. Sec. 423. Sense of the Senate on property taxes on public-use airports. Sec. 424. Federal Aviation Administration Personnel Management System. Sec. 425. Authority to sell aircraft and aircraft parts for use in responding to oil spills. Sec. 426. Aircraft and aviation component repair and maintenance advisory panel. Sec. 427. Aircraft situational display data. Sec. 428. Allocation of Trust Fund funding. Sec. 429. Taos Pueblo and Blue Lakes Wilderness Area demonstration project. Sec. 430. Airline marketing disclosure. Sec. 431. Compensation under the Death on the High Seas Act. Sec. 432. FAA study of breathing hoods. Sec. 433. FAA study of alternative power sources for flight data recorders and cockpit voice recorders. Sec. 434. Passenger facility fee letters of intent. Sec. 435. Elimination of HAZMAT enforcement backlog. Sec. 436. FAA evaluation of long-term capital leasing. Sec. 437. Prohibitions against smoking on scheduled flights. Sec. 438. Designating current and former military airports. Sec. 439. Rolling stock equipment. Sec. 440. Monroe Regional Airport land conveyance. Sec. 441. Cinncinati-Municipal Blue Ash Airport. Sec. 442. Report on Specialty Metals Consortium. Sec. 443. Pavement condition. Sec. 444. Inherently low-emission airport vehicle pilot program. Sec. 445. Conveyance of airport property to an institution of higher education in Oklahoma. Sec. 446. Automated Surface Observation System/Automated Weather Observing System Upgrade. Sec. 447. Terminal Automated Radar Display and Information System. Sec. 448. Cost/benefit analysis for retrofit of 16G seats. Sec. 449. Raleigh County, West Virginia, Memorial Airport. Sec. 450. Airport safety needs. Sec. 451. Flight training of international students. Sec. 452. Grant Parish, Louisiana. Sec. 453. Designation of general aviation airport. Sec. 454. Airline Deregulation Study Commission. Sec. 455. Nondiscrimination in the use of private airports. Sec. 456. Curfew. Sec. 457. Federal Aviation Administration Year 2000 Technology Safety Enforcement Act of 1999. Sec. 458. Expressing the sense of the Senate concerning air traffic over northern Delaware. Sec. 459. Study of outdoor air, ventilation, and recirculation air requirements for passenger cabins in commercial aircraft. Sec. 460. General Aviation Metropolitan Access and Reliever Airport Grant Fund. Sec. 461. Study on airport noise. Sec. 462. Sense of the Senate concerning EAS. Sec. 463. Airline quality service reports. Sec. 464. Prevention of frauds involving aircraft or space vehicle parts in interstate or foreign commerce. Sec. 465. Preservation of essential air service at dominated hub airports. Sec. 466. Availability of funds for Georgia's regional airport enhancement program. TITLE V--AVIATION COMPETITION PROMOTION Sec. 501. Purpose. Sec. 502. Establishment of small community aviation development program. Sec. 503. Community-carrier air service program. Sec. 504. Authorization of appropriations. Sec. 505. Marketing practices. Sec. 506. Changes in, and phase-out of, slot rules. Sec. 507. Consumer notification of e-ticket expiration dates. Sec. 508. Regional air service incentive options. Sec. 509. Requirement to enhance competitiveness of slot exemptions for regional jet air service and new entrant air carriers at certain high density traffic airports. TITLE VI--NATIONAL PARKS OVERFLIGHTS Sec. 601. Findings. Sec. 602. Air tour management plans for national parks. Sec. 603. Advisory group. Sec. 604. Overflight fee report. Sec. 605. Prohibition of commercial air tours over the Rocky Mountain National Park. TITLE VII--TITLE 49 TECHNICAL CORRECTIONS Sec. 701. Restatement of 49 U.S.C. 106(g). Sec. 702. Restatement of 49 U.S.C. 44909. TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY Sec. 801. Transfer of functions, powers, and duties. Sec. 802. Transfer of office, personnel, and funds. Sec. 803. Amendment of title 49, United States Code. Sec. 804. Savings provision. Sec. 805. National ocean survey. Sec. 806. Sale and distribution of nautical and aeronautical products by NOAA. TITLE IX--MANAGEMENT REFORMS OF THE FEDERAL AVIATION ADMINISTRATION Sec. 901. Short title. Sec. 902. Amendments to title 49, United States Code. Sec. 903. Definitions. Sec. 904. Findings. Sec. 905. Air traffic control system defined. Sec. 906. Chief Operating Officer for air traffic services. Sec. 907. Federal Aviation Management Advisory Council. Sec. 908. Compensation of the Administrator. Sec. 909. National airspace redesign. Sec. 910. FAA costs and allocations system management. Sec. 911. Air traffic modernization pilot program. TITLE X--METROPOLITAN AIRPORTS AUTHORITY IMPROVEMENT ACT Sec. 1001. Short title. Sec. 1002. Removal of limitation. TITLE XI--NOISE ABATEMENT Sec. 1101. Good neighbors policy. Sec. 1102. GAO review of aircraft engine noise assessment. Sec. 1103. GAO review of FAA community noise assessment. TITLE XII--STUDY TO ENSURE CONSUMER INFORMATION Sec. 1201. Short title. Sec. 1202. National Commission to Ensure Consumer Information and Choice in the Airline Industry. TITLE XIII--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT Sec. 1301. Authorization of appropriations. Sec. 1302. Integrated national aviation research plan. Sec. 1303. Internet availability of information. Sec. 1304. Research on nonstructural aircraft systems. Sec. 1305. Post Free Flight Phase I activities. Sec. 1306. Research program to improve airfield pavements. Sec. 1307. Sense of Senate regarding protecting the frequency spectrum used for aviation communication. Sec. 1308. Study. TITLE XIV--AIRLINE CUSTOMER SERVICE COMMITMENT Sec. 1401. Airline customer service reports. Sec. 1402. Increased financial responsibility for lost baggage. Sec. 1403. Increased penalty for violation of aviation consumer protection laws. Sec. 1404. Comptroller General investigation. Sec. 1405. Funding of enforcement of airline consumer protections. TITLE XV--PENALTIES FOR UNRULY PASSENGERS Sec. 1501. Penalties for unruly passengers. Sec. 1502. Deputizing of strike State and local law enforcement officers. Sec. 1503. Study and report on aircraft noise. TITLE XVI--AIRLINE COMMISSION Sec. 1601. Short title. Sec. 1602. National Commission to Ensure Consumer Information and Choice in the Airline Industry. TITLE XVII--TRANSPORTATION OF ANIMALS Sec. 1701. Short title; table of contents. Sec. 1702. Findings. Subtitle A--Animal Welfare Sec. 1711. Definition of transport. Sec. 1712. Information on incidence of animals in air transport. Sec. 1713. Reports by carriers on incidents involving animals during air transport. Sec. 1714. Annual reports. Subtitle B--Transportation Sec. 1721. Policies and procedures for transporting animals. Sec. 1722. Civil penalties and compensation for loss, injury, or death of animals during air transport. Sec. 1723. Cargo hold improvements to protect animal health and safety. SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. TITLE I--AUTHORIZATIONS SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS. (a) In General.--Section 106(k) is amended to read as follows: ``(k) Authorization of Appropriations for Operations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for operations of the Administration $5,632,000,000 for fiscal year 1999, $5,784,000,000 for fiscal year 2000, $6,073,000,000 for fiscal year 2001, and $6,377,000,000 for fiscal year 2002. Of the amounts authorized to be appropriated for fiscal year 2000, not more than $9,100,000 shall be used to support air safety efforts through payment of United States membership obligations, to be paid as soon as practicable. ``(2) Authorized expenditures.--Of the amounts appropriated under paragraph (1) $450,000 may be used for wildlife hazard mitigation measures and management of the wildlife strike database of the Federal Aviation Administration. ``(3) University consortium.--There are authorized to be appropriated not more than $9,100,000 for the 3 fiscal year period beginning with fiscal year 2000 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. Funds authorized under this paragraph-- ``(A) may not be used for the construction of a building or other facility; and ``(B) shall be awarded on the basis of open competition.''. (b) Coordination.--The authority granted the Secretary under section 41720 of title 49, United States Code, does not affect the Secretary's authority under any other provision of law. SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. (a) In General.--Section 48101(a) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) $2,131,000,000 for fiscal year 1999. ``(2) $2,689,000,000 for fiscal year 2000. ``(3) $2,799,000,000 for fiscal year 2001. ``(4) $2,914,000,000 for fiscal year 2002.''. (b) Continuation of ILS Inventory Program.--Section 44502(a)(4)(B) is amended-- (1) by striking ``fiscal years 1995 and 1996'' and inserting ``fiscal years 1999 through 2002''; and (2) by striking ``acquisition,'' and inserting ``acquisition under new or existing contracts,''. (c) 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. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS. (a) Extension and Authorization.--Section 48103 is amended by striking ``1999.'' and inserting ``1999, $4,885,000,000 for fiscal years ending before October 1, 2000, $7,295,000,000 for fiscal years ending before October 1, 2001, and $9,705,000,000 for fiscal years ending before October 1, 2002.''. (b) Project Grant Authority.--Section 47104(c) is amended by striking ``September 30, 1999,'' and inserting ``September 30, 2002,''. SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT. Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103 of title 49, United States Code, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall submit a written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 105. AIRPORT SECURITY PROGRAM. (a) In General.--Chapter 471 (as amended by section 202(a) of this Act) is amended by adding at the end thereof the following new section: ``Sec. 47136. Airport security program ``(a) General Authority.--To improve security at public airports in the United States, the Secretary of Transportation shall carry out not less than 1 project to test and evaluate innovative aviation security systems and related technology. ``(b) Priority.--In carrying out this section, the Secretary shall give the highest priority to a request from an eligible sponsor for a grant to undertake a project that-- ``(1) evaluates and tests the benefits of innovative aviation security systems or related technology, including explosives detection systems, for the purpose of improving aviation and aircraft physical security, access control, and passenger and baggage screening; and ``(2) provides testing and evaluation of airport security systems and technology in an operational, testbed environment. ``(c) Matching Share.--Notwithstanding section 47109, the United States Government's share of allowable project costs for a project under this section is 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 chapter analysis for such chapter (as amended by section 202(b) of this Act) is amended by inserting after the item relating to section 47135 the following: ``47136. Airport security program.''. SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS. The Administrator of the Federal Aviation Administration shall not terminate human weather observers for Automated Surface Observation System stations until-- (1) the Secretary of Transportation determines that the System provides consistent reporting of changing meteorological conditions and notifies the Congress in writing of that determination; and (2) 60 days have passed since the report was submitted to the Congress. TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS SEC. 201. REMOVAL OF THE CAP ON DISCRETIONARY FUND. Section 47115(g) is amended by striking paragraph (4). SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS. (a) Codification and Improvement of 1996 Program.--Subchapter I of chapter 471 is amended by adding at the end thereof the following: ``Sec. 47135. Innovative financing techniques ``(a) In General.--The Secretary of Transportation is authorized to carry out a demonstration program under which the Secretary may approve applications under this subchapter for not more than 20 projects for which grants received under the subchapter may be used to implement innovative financing techniques. ``(b) Purpose.--The purpose of the demonstration program shall be to provide information on the use of innovative financing techniques for airport development projects. ``(c) Limitation.--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. ``(d) Innovative Financing Technique Defined.--In this section, the term `innovative financing technique' includes methods of financing projects that the Secretary determines may be beneficial to airport development, including-- ``(1) payment of interest; ``(2) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development; and ``(3) flexible non-Federal matching requirements.''. (b) Conforming Amendment.--The chapter analysis for chapter 471 is amended by inserting after the item relating to section 47134 the following: ``47135. Innovative financing techniques.''. SEC. 203. MATCHING SHARE. Section 47109(a)(2) is amended by inserting ``not more than'' before ``90 percent''. SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COMPATIBILITY PLANNING AND PROGRAMS. Section 47117(e)(1)(A) is amended by striking ``31'' each time it appears and inserting ``35''. SEC. 205. TECHNICAL AMENDMENTS. (a) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.-- Section 47114(d)(3) is amended to read as follows: ``(3) An amount apportioned under paragraph (2) of this subsection for airports in Alaska, Hawaii, or Puerto Rico may be made available by the Secretary for any public airport in those respective jurisdictions.''. (b) Supplemental Apportionment for Alaska.--Section 47114(e) is amended-- (1) by striking ``Alternative'' in the subsection caption and inserting ``Supplemental''; (2) in paragraph (1) by-- (A) striking ``Instead of apportioning amounts for airports in Alaska under'' and inserting ``Notwithstanding''; and (B) striking ``those airports'' and inserting ``airports in Alaska''; and (3) striking paragraph (3) and inserting the following: ``(3) An amount apportioned under this subsection may be used for any public airport in Alaska.''. (c) Repeal of Apportionment Limitation on Commercial Service Airports in Alaska.--Section 47117 is amended by striking subsection (f) and redesignating subsections (g) and (h) as subsections (f) and (g), respectively. (d) Continuation of Project Funding.--Section 47108 is amended by adding at the end thereof the following: ``(e) Change in 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 of this title at the funding level and under the terms provided by the agreement, subject to the availability of funds.''. (e) Grant Eligibility for Private Reliever Airports.--Section 47102(17)(B) is amended-- (1) by striking ``or'' at the end of clause (i) and redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following: ``(ii) a privately-owned airport that, as a reliever airport, received Federal aid for airport development prior to October 9, 1996, but only if the Administrator issues revised administrative guidance after July 1, 1998, for the designation of reliever airports; or''. (f) Passenger Facility Fee Waiver for Certain Class of Carriers.-- Section 40117(e)(2) is amended-- (1) by striking ``and'' after the semicolon in subparagraph (B); (2) by striking ``payment.'' in subparagraph (C) and inserting ``payment;''; and (3) by adding at the end thereof the following: ``(D) on flights, including flight segments, between 2 or more points in Hawaii.''. (g) Passenger Facility Fee Waiver for Certain Class of Carriers or for Service to Airports in Isolated Communities.--Section 40117(i) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking ``transportation.'' in paragraph (2)(D) and inserting ``transportation; and''; and (3) by adding at the end thereof the following: ``(3) may permit a public agency to request that collection of a passenger facility fee be waived for-- ``(A) passengers enplaned by any class of air carrier or foreign air carrier if the number of passengers enplaned by the 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.''. (h) Use of the Word ``gift'' and Priority for Airports in Surplus Property Disposal.-- (1) Section 47151 is amended-- (A) by striking ``give'' in subsection (a) and inserting ``convey to''; (B) by striking ``gift'' in subsection (a)(2) and inserting ``conveyance''; (C) by striking ``giving'' in subsection (b) and inserting ``conveying''; (D) by striking ``gift'' in subsection (b) and inserting ``conveyance''; and (E) by adding at the end thereof the following: ``(d) Priority for Public Airports.--Except for requests from another Federal agency, a department, agency, or instrumentality of the Executive Branch of the United States Government shall give priority to a request by a public agency (as defined in section 47102 of this title) for surplus property described in subsection (a) of this section for use at a public airport.''. (2) Section 47152 is amended-- (A) by striking ``gifts'' in the section caption and inserting ``conveyances''; and (B) by striking ``gift'' in the first sentence and inserting ``conveyance''. (3) The chapter analysis for chapter 471 is amended by striking the item relating to section 47152 and inserting the following: ``47152. Terms of conveyances.''. (4) Section 47153(a) is amended-- (A) by striking ``gift'' in paragraph (1) and inserting ``conveyance''; (B) by striking ``given'' in paragraph (1)(A) and inserting ``conveyed''; and (C) by striking ``gift'' in paragraph (1)(B) and inserting ``conveyance''. (i) Minimum Apportionment.--Section 47114(c)(1)(B) is amended by adding at the end thereof the following: ``For fiscal years beginning after fiscal year 1999, the preceding sentence shall be applied by substituting `$650,000' for `$500,000'.''. (j) Apportionment for Cargo Only Airports.-- (1) Section 47114(c)(2)(A) is amended by striking ``2.5 percent'' and inserting ``3 percent''. (2) Section 47114(c)(2) is further amended by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (k) Temporary Air Service Interruptions.--Section 47114(c)(1) is amended by adding at the end thereof the following: ``(C) The Secretary may, notwithstanding subparagraph (A), apportion to an airport sponsor in a fiscal year an amount equal to the amount apportioned to that sponsor in the previous fiscal year if the Secretary finds that-- ``(i) passenger boardings at the airport fell below 10,000 in the calendar year used to calculate the apportionment; ``(ii) the airport had at least 10,000 passenger boardings in the calendar year prior to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and ``(iii) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air carrier to that airport due to an employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport.''. (l) Flexibility in Pavement Design Standards.--Section 47114(d) is amended by adding at the end thereof the following: ``(4) 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-- ``(A) safety will not be negatively affected; and ``(B) the life of the pavement will not be shorter than it would be if constructed using Administration standards. An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed.''. (m) Eligibility of Runway Incursion Prevention Devices.-- (1) 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 ``activities''. (2) Maximum use of safety facilities.--Section 47101(f) is amended-- (A) by striking ``and'' at the end of paragraph (9); and (B) by striking ``area.'' in paragraph (10) and inserting ``area; and''; and (C) by adding at the end the following: ``(11) runway and taxiway incursion prevention devices, including integrated in-pavement lighting systems for runways and taxiways.''. (3) Airport development defined.--Section 47102(3)(B)(ii) is amended by inserting ``and including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices'' before the semicolon at the end. (n) 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 subparagraph (A) of this paragraph) with paragraph (2) (as added by subparagraph (B) of this paragraph). SEC. 206. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCEMENTS. Within 9 months after the date of enactment of this Act, the Secretary of Transportation shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives 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 time frame for implementation of such enhancements and improvements. SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS. Section 47120 is amended-- (1) by inserting ``(a) In General.--'' before ``In''; and (2) by adding at the end thereof 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. 208. PUBLIC NOTICE BEFORE GRANT ASSURANCE REQUIREMENT WAIVED. (a) In General.--Notwithstanding any other provision of law to the contrary, the Secretary of Transportation may not waive any assurance required under section 47107 of title 49, United States Code, that requires property to be used for aeronautical purposes unless the Secretary provides notice to the public not less than 30 days before issuing any such waiver. Nothing in this section shall be construed to authorize the Secretary to issue a waiver of any assurance required under that section. (b) Effective Date.--This section applies to any request filed on or after the date of enactment of this Act. SEC. 209. DEFINITION OF PUBLIC AIRCRAFT. Section 40102(a)(37)(B)(ii) is amended-- (1) by striking ``or'' at the end of subclause (I); (2) by striking the ``States.'' in subclause (II) and inserting ``States; or''; and (3) by adding at the end thereof the following: ``(III) transporting persons aboard the aircraft if the aircraft is operated for the purpose of prisoner transport.''. SEC. 210. TERMINAL DEVELOPMENT COSTS. Section 40117 is amended by adding at the end thereof the following: ``(j) Shell of Terminal Building.--In order to enable additional air service by an air carrier with less than 50 percent of the scheduled passenger traffic at an airport, the Secretary may consider the shell of a terminal building (including heating, ventilation, and air conditioning) and aircraft fueling facilities adjacent to an airport terminal building to be an eligible airport-related project under subsection (a)(3)(E).''. SEC. 211. AIRFIELD PAVEMENT CONDITIONS. (a) Evaluation of Options.--The Administrator of the Federal Aviation Administration shall evaluate options for improving the quality of information available to the Administration on airfield pavement conditions for airports that are part of the national air transportation system, including-- (1) improving the existing runway condition information contained in the Airport Safety Data Program by reviewing and revising rating criteria and providing increased training for inspectors; (2) requiring such airports to submit pavement condition index information as part of their airport master plan or as support in applications for airport improvement grants; and (3) requiring all such airports to submit pavement condition index information on a regular basis and using this information to create a pavement condition database that could be used in evaluating the cost-effectiveness of project applications and forecasting anticipated pavement needs. (b) Report to Congress.--The Administrator shall transmit a report, containing an evaluation of such options, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure not later than 12 months after the date of enactment of this Act. SEC. 212. DISCRETIONARY GRANTS. Notwithstanding any limitation on the amount of funds that may be expended for grants for noise abatement, if any funds made available under section 48103 of title 49, United States Code, remain available at the end of the fiscal year for which those funds were made available, and are not allocated under section 47115 of that title, or under any other provision relating to the awarding of discretionary grants from unobligated funds made available under section 48103 of that title, the Secretary of Transportation may use those funds to make discretionary grants for noise abatement activities. SEC. 213. CONTRACT TOWER COST-SHARING. Section 47124(b) is amended by adding at the end the following: ``(3) Contract air traffic control tower pilot program.-- ``(A) In general.--The Secretary shall establish a pilot program to contract for air traffic control services at Level I air traffic control towers, as defined by the Administrator of the Federal Aviation Administration, that do not qualify for the Contract Tower Program established under subsection (a) and continued under paragraph (1) (hereafter in this paragraph referred to as the `Contract Tower Program'). ``(B) Program components.--In carrying out the pilot program established under subparagraph (A), the Administrator shall-- ``(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Administrator; ``(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a one-to-one benefit-to-cost ratio, as required for eligibility under the Contract Tower Program; and ``(iii) approve for participation no more than 2 facilities willing to fund up to 50 percent, but not less than 25 percent, of construction costs for an air traffic control tower built by the airport operator and for each of such facilities the Federal share of construction cost does not exceed $1,100,000. ``(C) Priority.--In selecting facilities to participate in the program under this paragraph, the Administrator shall give priority to the following: ``(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Administrator has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0. ``(ii) Air traffic control towers that the Administrator determines have a benefit-to-cost ratio of at least .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 that are prepared to assume partial responsibility for maintenance costs. ``(v) Air traffic control towers that are located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft. ``(D) Costs exceeding benefits.--If the costs of operating an air traffic control tower under the pilot program established under this paragraph 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 benefits. ``(E) Authorization of appropriations.--There are authorized to be appropriation $6,000,000 per fiscal year to carry out this paragraph.''. TITLE III--AMENDMENTS TO AVIATION LAW SEC. 301. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING FISCAL YEARS. (a) Chapter 401 is amended by adding at the end thereof the following: ``Sec. 40125. Severable services contracts for periods crossing fiscal years ``(a) In General.--The Administrator of the Federal Aviation Administration may enter into a contract for procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed one year. ``(b) Obligation of Funds.--Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a) of this section.''. (b) Conforming Amendment.--The chapter analysis for chapter 401 is amended by adding at the end thereof the following: ``40125. Severable services contracts for periods crossing fiscal years.''. SEC. 302. STAGE 3 NOISE LEVEL COMPLIANCE FOR CERTAIN AIRCRAFT. (a) Exemption for Aircraft Modification or Disposal, Scheduled Heavy Maintenance, or Leasing-Related Flights.--Section 47528 is amended-- (1) by striking ``subsection (b)'' in subsection (a) and inserting ``subsection (b) or (f)''; (2) by adding at the end of subsection (e) 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 non-revenue 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) adding at the end thereof the following: ``(f) Aircraft Modification, Disposal, Scheduled Heavy Maintenance, or Leasing.-- ``(1) In general.--The Secretary shall permit a person to operate after December 31, 1999, a Stage 2 aircraft in nonrevenue service through the airspace of the United States or to or from an airport in the contiguous 48 States in order to-- ``(A) sell, lease, or use the aircraft outside the contiguous 48 States; ``(B) scrap the aircraft; ``(C) obtain modifications to the aircraft to meet Stage 3 noise levels; ``(D) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States; ``(E) deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor; ``(F) prepare or park or store the aircraft in anticipation of any of the activities described in subparagraphs (A) through (E); or ``(G) divert the aircraft to an alternative airport in the contiguous 48 States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in subparagraphs (A) through (F). ``(2) Procedure To Be Published.--The Secretary shall establish and publish, not later than 30 days after the date of enactment of the Air Transportation Improvement Act a procedure to implement paragraph (1) of this subsection through the use of categorical waivers, ferry permits, or other means.''. (b) 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) FAR modified.--The Federal Aviation Regulations, contained in Part 14 of the Code of Federal Regulations, that implement section 47528 and related provisions shall be deemed to incorporate this change on the effective date of this Act. SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA. Section 44903 is amended by adding at the end thereof 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. 304. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION. Section 44701 is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Bilateral Exchanges of Safety Oversight Responsibilities.-- ``(1) Notwithstanding the provisions of this chapter, and pursuant to Article 83 Bis of the Convention on International Civil Aviation, the Administrator may, by a bilateral agreement with the aeronautical authorities of another country, exchange with that country all or part of their respective functions and duties with respect to aircraft described in subparagraphs (A) and (B), under the following articles of the Convention: ``(A) Article 12 (Rules of the Air). ``(B) Article 31 (Certificates of Airworthiness). ``(C) Article 32a (Licenses of Personnel). ``(2) The agreement under paragraph (1) may apply to-- ``(A) aircraft registered in the United States operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business, or, if it has no such place of business, its permanent residence, in another country; or ``(B) aircraft registered in a foreign country 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. ``(3) 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) of this subsection for United States-registered aircraft transferred abroad as described in subparagraph (A) of that paragraph, and accepts responsibility with respect to the functions and duties under those Articles for aircraft registered abroad that are transferred to the United States as described in subparagraph (B) of that paragraph. ``(4) The Administrator may, in the agreement under paragraph (1), predicate the transfer of these functions and duties on any conditions the Administrator deems necessary and prudent.''. SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY. Section 45301(a)(2) is amended to read as follows: ``(2) Services provided to a foreign government or to any entity obtaining services outside the United States other than-- ``(A) air traffic control services; and ``(B) fees for production-certification-related service pertaining to aeronautical products manufactured outside the United States.''. SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD CHECKS; TECHNICAL AMENDMENTS TO PILOT RECORDS IMPROVEMENT ACT. Section 44936 is amended-- (1) by striking ``subparagraph (C))'' in subsection (a)(1)(B) and inserting ``subparagraph (C), or in the case of passenger, baggage, or property screening at airports, the Administrator decides it is necessary to ensure air transportation security)''; (2) by striking ``individual'' in subsection (f)(1)(B)(ii) and inserting ``individual's performance as a pilot''; and (3) by inserting ``or from a foreign government or entity that employed the individual,'' in subsection (f)(14)(B) after ``exists,''. SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM. Section 44310 is amended by striking ``August 6, 1999.'' and inserting ``December 31, 2003.''. SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS. Section 46301 is amended-- (1) by striking ``46302, 46303, or'' in subsection (a)(1)(A); (2) by striking ``an individual'' the first time it appears in subsection (d)(7)(A) and inserting ``a person''; and (3) by inserting ``or the Administrator'' in subsection (g) after ``Secretary''. SEC. 309. 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) Application.--This section applies only to aircraft used to provide air transportation. ``(b) General Criminal Penalty.--An individual shall be fined under title 18, 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 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 an individual who does not have an airman's certificate authorizing the individual to serve in that capacity. ``(c) Controlled Substance Criminal Penalty.-- ``(1) In this subsection, the term `controlled substance' has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802). ``(2) An individual violating subsection (b) shall be fined under title 18, 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) 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) Clerical Amendment.--The chapter analysis for chapter 463 is amended by adding at the end thereof the following: ``46317. Criminal penalty for pilots operating in air transportation without an airman's certificate.''. SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNECTION REQUIREMENTS. (a) In General.--Subchapter I of chapter 417 is amended by adding at the end thereof the following: ``Sec. 41717. Interline agreements for domestic transportation ``(a) Nondiscriminatory Requirements.--If a major air carrier that provides air service to an essential airport facility has any agreement involving ticketing, baggage and ground handling, and terminal and gate access with another carrier, it shall provide the same services to any requesting air carrier that offers service to a community selected for participation in the program under section 41743 under similar terms and conditions and on a nondiscriminatory basis within 30 days after receiving the request, as long as the requesting air carrier meets such safety, service, financial, and maintenance requirements, if any, as the Secretary may by regulation establish consistent with public convenience and necessity. The Secretary must review any proposed agreement to determine if the requesting carrier meets operational requirements consistent with the rules, procedures, and policies of the major carrier. This agreement may be terminated by either party in the event of failure to meet the standards and conditions outlined in the agreement. ``(b) Definitions.--In this section the term `essential airport facility' means a large hub airport (as defined in section 41731(a)(3)) in the contiguous 48 States in which one carrier has more than 50 percent of such airport's total annual enplanements.''. (b) Clerical Amendment.--The chapter analysis for subchapter I of chapter 417 is amended by adding at the end thereof the following: ``41717. Interline agreements for domestic transportation.''. SEC. 311. REVIEW PROCESS FOR EMERGENCY ORDERS UNDER SECTION 44709. Section 44709(e) is amended to read as follows: ``(e) Effectiveness of Orders Pending Appeal.-- ``(1) In general.--When a person files an appeal with the Board under subsection (d) of this section, the order of the Administrator is stayed. ``(2) Exception.--Notwithstanding paragraph (1), the order of the Administrator is effective immediately if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately. ``(3) Review of emergency order.--A person affected by the immediate effectiveness of the Administrator's order under paragraph (2) may request a review by the Board, under procedures promulgated by the Board, on the issues of the appeal that are related to the existence of an emergency. Any such review shall be requested within 48 hours after the order becomes effective. If the Administrator is unable to demonstrate to the Board that an emergency exists that requires the immediate application of the order in the interest of safety in air commerce and air transportation, the order shall, notwithstanding paragraph (2), be stayed. The Board shall dispose of a review request under this paragraph within 5 days after it is filed. ``(4) Final disposition.--The Board shall make a final disposition of an appeal under subsection (d) within 60 days after the appeal is filed.''. TITLE IV--MISCELLANEOUS SEC. 401. OVERSIGHT OF FAA RESPONSE TO YEAR 2000 PROBLEM. The Administrator of the Federal Aviation Administration shall report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure every 3 months through December 31, 2000, in oral or written form, on electronic data processing problems associated with the year 2000 within the Administration. SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINE. (a) In General.--The Administrator of the Federal Aviation Administration shall require by regulation that, not later than December 31, 2002, collision avoidance equipment be installed on each cargo airplane with a maximum certificated takeoff weight in excess of 15,000 kilograms. (b) Extension.--The Administrator may extend the deadline imposed by subsection (a) for not more than 2 years if the Administrator finds that the extension is needed to promote-- (1) a safe and orderly transition to the operation of a fleet of cargo aircraft equipped with collision avoidance equipment; or (2) other safety or public interest objectives. (c) Collision Avoidance Equipment.--For purposes of this section, the term ``collision avoidance equipment'' means TCAS II equipment (as defined by the Administrator), or any other similar system approved by the Administrator for collision avoidance purposes. SEC. 403. RUNWAY SAFETY AREAS; PRECISION APPROACH PATH INDICATORS. Within 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall solicit comments on the need for-- (1) the improvement of runway safety areas; and (2) the installation of precision approach path indicators. SEC. 404. AIRPLANE EMERGENCY LOCATORS. (a) Requirement.--Section 44712(b) is amended to read as follows: ``(b) Nonapplication.--Subsection (a) does not apply to aircraft when used in-- ``(1) scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part; ``(2) training operations conducted entirely within a 50- mile radius of the airport from which the training operations begin; ``(3) flight operations related to the design and testing, manufacture, preparation, and delivery of aircraft; ``(4) showing compliance with regulations, exhibition, or air racing; or ``(5) the aerial application of a substance for an agricultural purpose.''. (b) Compliance.--Section 44712 is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following: ``(c) Compliance.--An aircraft is deemed to meet the requirement of subsection (a) if it is equipped with an emergency locator transmitter that transmits on the 121.5/243 megahertz frequency or the 406 megahertz frequency, or with other equipment approved by the Secretary for meeting the requirement of subsection (a).''. (c) Effective Date; Regulations.-- (1) Regulations.--The Secretary of Transportation shall promulgate regulations under section 44712(b) of title 49, United States Code, as amended by this section not later than January 1, 2002. (2) Effective date.--The amendments made by this section shall take effect on January 1, 2002. SEC. 405. COUNTERFEIT AIRCRAFT PARTS. (a) Denial; Revocation; Amendment of Certificate.-- (1) In general.--Chapter 447 is amended by adding at the end thereof the following: ``Sec. 44725. 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) of this section, the Administrator may not issue a certificate under this chapter to any person-- ``(A) convicted of a violation of a law of the United States or of a State relating to the installation, production, repair, or sale of a counterfeit or falsely-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) of this section, 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 of a violation of a law of the United States or of a State relating to the installation, production, repair, or sale of a counterfeit or falsely-represented aviation part or material; or ``(B) knowingly carried out or facilitated an activity punishable under such a law. ``(2) No authority to review violation.--In carrying out paragraph (1) of this subsection, the Administrator may not review whether a person violated such a law. ``(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 such an appeal, `person' shall be substituted for `individual' each place it appears. ``(e) Aquittal or Reversal.-- ``(1) In general.--The Administrator may not revoke, and the Board may not affirm a revocation of, a certificate under subsection (b)(1)(B) of this section if the holder of the certificate, or the individual, is acquitted of all charges 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; ``(B) the former holder, or individual, is acquitted of all charges related to the violation on which the revocation was based; or ``(C) the conviction of the former holder, or individual, of the violation on which the revocation was based is reversed. ``(f) Waiver.--The Administrator may waive revocation of a certificate under subsection (b) of this section if-- ``(1) a law enforcement official of the United States Government, or of a State (with respect to violations of State law), 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 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 chapter analysis for chapter 447 is amended by adding at the end thereof the following: ``44725. Denial and revocation of certificate for counterfeit parts violations.''. (b) Prohibition on Employment.--Section 44711 is amended by adding at the end thereof the following: ``(c) Prohibition on Employment of Convicted Counterfeit Part Dealers.--No person subject to this chapter may 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 of a violation of any Federal or State law relating to the installation, production, repair, or sale of a counterfeit or falsely-represented aviation part or material.''. SEC. 406. FAA MAY FINE UNRULY PASSENGERS. (a) In General.--Chapter 463 (as amended by section 309) is amended by adding at the end thereof the following: ``Sec. 46318. Interference with cabin or flight crew ``(a) In General.--An individual who interferes with the duties or responsibilities of the flight crew or cabin crew of a civil aircraft, or who poses an imminent threat to the safety of the aircraft or other individuals on the aircraft, is liable to the United States Government for a civil penalty of not more than $10,000, which shall be paid to the Federal Aviation Administration and deposited in the account established by section 45303(c). ``(b) Compromise and Setoff.-- ``(1) The Secretary of Transportation or the Administrator may compromise the amount of a civil penalty imposed under subsection (a). ``(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual liable for the penalty.''. (b) Conforming Change.--The chapter analysis for chapter 463 is amended by adding at the end thereof the following: ``46318. Interference with cabin or flight crew.''. SEC. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS. (a) Establishment of Higher International Standards.--The Secretary of Transportation shall work with appropriate international organizations and the aviation authorities of other nations to bring about their establishment of higher standards for accommodating handicapped passengers in air transportation, particularly with respect to foreign air carriers that code-share with domestic air carriers. (b) Investigation of All Complaints Required.--Section 41705 is amended-- (1) by inserting ``(a) In General.--'' before ``In providing''; (2) by striking ``carrier'' and inserting ``carrier, including any foreign air carrier doing business in the United States,''; and (3) by adding at the end thereof the following: ``(b) Each Act Constitutes Separate Offense.--Each separate act of discrimination prohibited by subsection (a) constitutes a separate violation of that subsection. ``(c) Investigation of Complaints.-- ``(1) In general.--The Secretary or a person designated by the Secretary shall investigate each complaint of a violation of subsection (a). ``(2) Publication of data.--The Secretary or a person designated by the Secretary shall publish disability-related complaint data in a manner comparable to other consumer complaint data. ``(3) Employment.--The Secretary is authorized to employ personnel necessary to enforce this section. ``(4) Review and report.--The Secretary or a person designated by the Secretary shall regularly review all complaints received by air carriers alleging discrimination on the basis of disability, and report annually to Congress on the results of such review. ``(5) Technical assistance.--Not later than 180 days after enactment of the Air Transportation and Improvement Act, the Secretary shall-- ``(A) implement a plan, in consultation with the Department of Justice, 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 of this section; and ``(B) ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or duties under this section.''. (c) Increased Civil Penalties.--Section 46301(a) is amended-- (1) by inserting ``41705,'' after ``41704,'' in paragraph (1)(A); and (2) by adding at the end thereof the following: ``(7) Violation of section 41705.-- ``(A) Credit; voucher; civil penalty.-- Unless an individual accepts a credit or voucher for the purchase of a ticket on an air carrier or any affiliated air carrier for a violation of subsection (a) in an amount (determined by the Secretary) of-- ``(i) not less than $500 and not more than $2,500 for the first violation; or ``(ii) not less than $2,500 and not more than $5,000 for any subsequent violation, then that air carrier is liable to the United States Government for a civil penalty, determined by the Secretary, of not more than 100 percent of the amount of the credit or voucher so determined. ``(B) Remedy not exclusive.--Nothing in subparagraph (A) precludes or affects the right of persons with disabilities to file private rights of action under section 41705 or to limit claims for compensatory or punitive damages asserted in such cases. ``(C) Attorney's fees.--In addition to the penalty provided by subparagraph (A), an individual who-- ``(i) brings a civil action against an air carrier to enforce this section; and ``(ii) who is awarded damages by the court in which the action is brought, may be awarded reasonable attorneys' fees and costs of litigation reasonably incurred in bringing the action if the court deems it appropriate.''. SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT LAND. (a) In General.--Section 47125(a) is amended to read as follows: ``(a) Conveyances to Public Agencies.-- ``(1) Request for conveyance.--Except as provided in subsection (b) of this section, the Secretary of Transportation-- ``(A) shall request the head of the department, agency, or instrumentality of the United States Government owning or controlling land or airspace to convey a property interest in the land or airspace to the public agency sponsoring the project or owning or controlling the airport when necessary to carry out a project under this subchapter at a public airport, to operate a public airport, or for the future development of an airport under the national plan of integrated airport systems; and ``(B) may request the head of such a department, agency, or instrumentality to convey a property interest in the land or airspace to such a public agency for a use that will complement, facilitate, or augment airport development, including the development of additional revenue from both aviation and nonaviation sources. ``(2) Response to request for certain conveyances.--Within 4 months after receiving a request from the Secretary under paragraph (1), the head of the department, agency, or instrumentality shall-- ``(A) decide whether the requested conveyance is consistent with the needs of the department, agency, or instrumentality; ``(B) notify the Secretary of the decision; and ``(C) make the requested conveyance if-- ``(i) the requested conveyance is consistent with the needs of the department, agency, or instrumentality; ``(ii) the Attorney General approves the conveyance; and ``(iii) the conveyance can be made without cost to the United States Government. ``(3) Reversion.--Except as provided in subsection (b), a conveyance under this subsection may only be made on the condition that the property interest conveyed reverts to the Government, at the option of the Secretary, to the extent it is not developed for an airport purpose or used consistently with the conveyance.''. (b) Release of Certain Conditions.--Section 47125 is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting the following after subsection (a): ``(b) Release of Certain Conditions.--The Secretary may grant a release from any term, condition, reservation, or restriction contained in any conveyance executed under this section, section 16 of the Federal Airport Act, section 23 of the Airport and Airway Development Act of 1970, or section 516 of the Airport and Airway Improvement Act of 1982, to facilitate the development of additional revenue from aeronautical and nonaeronautical sources if the Secretary-- ``(1) determines that the property is no longer needed for aeronautical purposes; ``(2) determines that the property will be used solely to generate revenue for the public airport; ``(3) provides preliminary notice to the head of the department, agency, or instrumentality that conveyed the property interest at least 30 days before executing the release; ``(4) provides notice to the public of the requested release; ``(5) includes in the release a written justification for the release of the property; and ``(6) determines that release of the property will advance civil aviation in the United States.''. (c) Effective Date.--Section 47125(b) of title 49, United States Code, as added by subsection (b) of this section, applies to property interests conveyed before, on, or after the date of enactment of this Act. (d) Iditarod Area School District.--Notwithstanding any other provision of law (including section 47125 of title 49, United States Code, as amended by this section), the Administrator of the Federal Aviation Administration, or the Administrator of the General Services Administration, 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. 409. FLIGHT OPERATIONS QUALITY ASSURANCE RULES. Not later than 90 days after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking to develop procedures to protect air carriers and their employees from enforcement actions for violations of the Federal Aviation Regulations other than criminal or deliberate acts that are reported or discovered as a result of voluntary reporting programs, such as the Flight Operations Quality Assurance Program and the Aviation Safety Action Program. SEC. 410. WIDE AREA AUGMENTATION SYSTEM. (a) Plan.--The Administrator of the Federal Aviation Administration shall identify or develop a plan to implement WAAS to provide navigation and landing approach capabilities for civilian use and make a determination as to whether a backup system is necessary. Until the Administrator determines that WAAS is the sole means of navigation, the Administrator shall continue to develop and maintain a backup system. (b) Report.--Within 6 months after the date of enactment of this Act, the Administrator shall-- (1) report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, on the plan developed under subsection (a); (2) submit a timetable for implementing WAAS; and (3) make a determination as to whether WAAS will ultimately become a primary or sole means of navigation and landing approach capabilities. (c) WAAS Defined.--For purposes of this section, the term ``WAAS'' means wide area augmentation system. (d) Funding Authorization.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this section. SEC. 411. REGULATION OF ALASKA GUIDE PILOTS. (a) In General.--Beginning on the date of the enactment of this Act, flight operations conducted by Alaska guide pilots shall be regulated under the general operating and flight rules contained in part 91 of title 14, Code of Federal Regulations. (b) Rulemaking Proceeding.-- (1) In general.--The Administrator shall conduct a rulemaking proceeding and issue a final rule to modify the general operating and flight rules referred to in subsection (a) by establishing special rules applicable to the flight operations conducted by Alaska guide pilots. (2) Contents of rules.--A final rule issued by the Administrator under paragraph (1) shall require Alaska guide pilots-- (A) to operate aircraft inspected no less often than after 125 hours of flight time; (B) to participate in an annual flight review, as described in section 61.56 of title 14, Code of Federal Regulations; (C) to have at least 500 hours of flight time as a pilot; (D) to have a commercial rating, as described in subpart F of part 61 of such title; (E) to hold at least a second-class medical certificate, as described in subpart C of part 67 of such title; (F) to hold a current letter of authorization issued by the Administrator; and (G) to take such other actions as the Administrator determines necessary for safety. (c) Definitions.--In this section, the following definitions apply: (1) Letter of authorization.--The term ``letter of authorization'' means a letter issued by the Administrator once every 5 years to an Alaska guide pilot certifying that the pilot is in compliance with general operating and flight rules applicable to the pilot. In the case of a multi-pilot operation, at the election of the operating entity, a letter of authorization may be issued by the Administrator to the entity or to each Alaska guide pilot employed by the entity. (2) Alaska guide pilot.--The term ``Alaska guide pilot'' means a pilot who-- (A) conducts aircraft operations over or within the State of Alaska; (B) operates single engine, fixed wing aircraft on floats, wheels, or skis, providing commercial hunting, fishing, or other guide services and related accommodations in the form of camps or lodges; and (C) transports clients by such aircraft incidental to hunting, fishing, or other guide services, or uses air transport to enable guided clients to reach hunting or fishing locations. SEC. 412. ALASKA RURAL AVIATION IMPROVEMENT. (a) Application of FAA Regulations.--Section 40113 is amended by adding at the end thereof 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) Aviation Closed Circuit Television.--The Administrator of the Federal Aviation Administration, in consultation with commercial and general aviation pilots, shall install closed circuit weather surveillance equipment at not fewer that 15 rural airports in Alaska and provide for the dissemination of information derived from such equipment to pilots for pre-flight planning purposes and en route purposes, including through the dissemination of such information to pilots by flight service stations. There are authorized to be appropriated $2,000,000 for the purposes of this subsection. (c) Mike-in-hand Weather Observation.--The Administrator of the Federal Aviation Administration 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 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. (d) Rural IFR Compliance.--There are authorized to be appropriated $4,000,000 to the Administrator for runway lighting and weather reporting systems at remote airports in Alaska to implement the CAPSTONE project. SEC. 413. HUMAN FACTORS PROGRAM. (a) In General.--Chapter 445 is amended by adding at the end thereof the following: ``Sec. 44516. Human factors program ``(a) Report.--The Administrator of the Federal Aviation Administration shall report within 1 year after the date of enactment of the Air Transportation Improvement Act to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the status of the Administration's efforts to encourage the adoption and implementation of Advanced Qualification Programs for air carriers under this section. ``(b) Human Factors Training.-- ``(1) Air traffic controllers.--The Administrator 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 the aviation industry to develop specific training curricula to address critical safety problems, including problems of pilots-- ``(A) in recovering from loss of control of the aircraft, including handling unusual attitudes and mechanical malfunctions; ``(B) in deviating from standard operating procedures, including inappropriate responses to emergencies and hazardous weather; ``(C) in awareness of altitude and location relative to terrain to prevent controlled flight into terrain; and ``(D) in landing and approaches, including nonprecision approaches and go-around procedures. ``(c) Accident Investigations.--The Administrator, working with the National Transportation Safety Board and representatives of the aviation industry, shall establish a process to assess human factors training as part of accident and incident investigations. ``(d) Test Program.--The Administrator shall establish a test program in cooperation with United States air carriers to use model Jeppesen approach plates or other similar tools to improve nonprecision landing approaches for aircraft. ``(e) Advanced Qualification Program Defined.--For purposes of this section, the term `advanced qualification program' means an alternative method for qualifying, training, certifying, and ensuring the competency of flight crews and other commercial aviation operations personnel subject to the training and evaluation requirements of Parts 121 and 135 of title 14, Code of Federal Regulations.''. (b) Automation and Associated Training.--The Administrator of the Federal Aviation Administration shall complete the Administration's updating of training practices for flight deck automation and associated training requirements within 12 months after the date of enactment of this Act. (c) Conforming Amendment.--The chapter analysis for chapter 445 is amended by adding at the end thereof the following: ``44516. Human factors program.''. SEC. 414. INDEPENDENT VALIDATION OF FAA COSTS AND ALLOCATIONS. (a) Independent Assessment.-- (1) Initiation.--Not later than 90 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall initiate the analyses described in paragraph (2). In conducting the analyses, the Inspector General shall ensure that the analyses are carried out by 1 or more entities that are independent of the Federal Aviation Administration. The Inspector General may use the staff and resources of the Inspector General or may contract with independent entities to conduct the analyses. (2) Assessment of adequacy and accuracy of faa cost data and attributions.--To ensure that the method for capturing and distributing the overall costs of the Federal Aviation Administration is appropriate and reasonable, the Inspector General shall conduct an assessment that includes the following: (A)(i) Validation of Federal Aviation Administration cost input data, including an audit of the reliability of Federal Aviation Administration source documents and the integrity and reliability of the Federal Aviation Administration's data collection process. (ii) An assessment of the reliability of the Federal Aviation Administration's system for tracking assets. (iii) An assessment of the reasonableness of the Federal Aviation Administration's bases for establishing asset values and depreciation rates. (iv) An assessment of the Federal Aviation Administration's system of internal controls for ensuring the consistency and reliability of reported data to begin immediately after full operational capability of the cost accounting system. (B) A review and validation of the Federal Aviation Administration's definition of the services to which the Federal Aviation Administration ultimately attributes its costs, and the methods used to identify direct costs associated with the services. (C) An assessment and validation of the general cost pools used by the Federal Aviation Administration, including the rationale for and reliability of the bases on which the Federal Aviation Administration proposes to allocate costs of services to users and the integrity of the cost pools as well as any other factors considered important by the Inspector General. Appropriate statistical tests shall be performed to assess relationships between costs in the various cost pools and activities and services to which the costs are attributed by the Federal Aviation Administration. (b) Deadline.--The independent analyses described in this section shall be completed no later than 270 days after the contracts are awarded to the outside independent contractors. The Inspector General shall submit a final report combining the analyses done by its staff with those of the outside independent contractors to the Secretary of Transportation, the Administrator, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. The final report shall be submitted by the Inspector General not later than 300 days after the award of contracts. (c) Funding.--There are authorized to be appropriated such sums as may be necessary for the cost of the contracted audit services authorized by this section. SEC. 415. APPLICATION OF FEDERAL PROCUREMENT POLICY ACT. Section 348 of the Department of Transportation and Related Agencies Appropriations Act, 1996 (49 U.S.C. 40110 nt) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Certain Provisions of the Office of Federal Procurement Policy Act.--Notwithstanding subsection (b)(2), 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 subsection (a) with the following modifications: ``(1) Subsections (f) and (g) shall not apply. ``(2) Within 90 days after the date of enactment of the Air Transportation Improvement Act, the Administrator of the Federal Aviation Administration shall adopt definitions for the acquisition management system that are consistent with the purpose and intent of the Office of Federal Procurement Policy Act. ``(3) 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. ``(4) 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.''. SEC. 416. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM. The Administrator of the Federal Aviation Administration shall report to the 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. SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM. Beginning in calendar year 2000, the Administrator of the Federal Aviation Administration shall report biannually to the Congress on the air transportation oversight system program announced by the Administration on May 13, 1998, in detail on the training of inspectors, the number of inspectors using the system, air carriers subject to the system, and the budget for the system. SEC. 418. RECYCLING OF EIS. Notwithstanding any other provision of law to the contrary, the Secretary of Transportation may authorize the use, in whole or in part, of a completed environmental assessment or environmental impact study for a new airport construction project on the air operations area, that is substantially similar in nature to one previously constructed pursuant to the completed environmental assessment or environmental impact study in order to avoid unnecessary duplication of expense and effort, and any such authorized use shall meet all requirements of Federal law for the completion of such an assessment or study. SEC. 419. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION. (a) General Rule.--Chapter 421 is amended by adding at the end the following new subchapter: ``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 of the air carrier or the contractor or subcontractor of an air carrier or otherwise discriminate against any such 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 or cause to be provided to the Federal Government information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety under this subtitle or any other law of the United States; ``(2) has filed, caused to be filed, or is about to file 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 will testify in such a proceeding; or ``(4) assisted or participated or is about to assist or participate in such a proceeding. ``(b) Department of Labor Complaint Procedure.-- ``(1) Filing and notification.-- ``(A) In general.--In accordance with this paragraph, a person may file (or have a person file on behalf of that person) a complaint with the Secretary of Labor if that person believes that an air carrier or contractor or subcontractor of an air carrier discharged or otherwise discriminated against that person in violation of subsection (a). ``(B) Requirements for filing complaints.--A complaint referred to in subparagraph (A) may be filed not later than 90 days after an alleged violation occurs. The complaint shall state the alleged violation. ``(C) Notification.--Upon receipt of a complaint submitted under subparagraph (A), the Secretary of Labor shall notify the air carrier, contractor, or subcontractor named in the complaint and the Administrator of the Federal Aviation Administration of the-- ``(i) filing of the complaint; ``(ii) allegations contained in the complaint; ``(iii) substance of evidence supporting the complaint; and ``(iv) opportunities that are afforded to the air carrier, contractor, or subcontractor under paragraph (2). ``(2) Investigation; preliminary order.-- ``(A) In general.-- ``(i) Investigation.--Not later than 60 days after 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. ``(ii) Order.--Except as provided in subparagraph (B), if the Secretary of Labor concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the findings referred to in clause (i) with a preliminary order providing the relief prescribed under paragraph (3)(B). ``(iii) Objections.--Not later than 30 days after the date of notification of findings under this paragraph, the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order and request a hearing on the record. ``(iv) Effect of filing.--The filing of objections under clause (iii) shall not operate to stay any reinstatement remedy contained in the preliminary order. ``(v) Hearings.--Hearings conducted pursuant to a request made under clause (iii) shall be conducted expeditiously and governed by the Federal Rules of Civil Procedure. If a hearing is not requested during the 30-day period prescribed in clause (iii), the preliminary order shall be deemed a final order that is not subject to judicial review. ``(B) Requirements.-- ``(i) Required showing by complainant.--The Secretary of Labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(ii) Showing by employer.-- Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. ``(iii) Criteria for determination by secretary.--The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(iv) Prohibition.--Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior. ``(3) Final order.-- ``(A) Deadline for issuance; settlement agreements.-- ``(i) In general.--Not later than 120 days after conclusion of a hearing under paragraph (2), the Secretary of Labor shall issue a final order that-- ``(I) provides relief in accordance with this paragraph; or ``(II) denies the complaint. ``(ii) Settlement agreement.--At any time before issuance of a final order under this paragraph, 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 air carrier, contractor, or subcontractor 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 air carrier, contractor, or subcontractor that the Secretary of Labor determines to have committed the violation to-- ``(i) take action to abate the violation; ``(ii) reinstate the complainant to the former position of the complainant and ensure the payment of compensation (including back pay) and the restoration of terms, conditions, and privileges associated with the employment; and ``(iii) provide compensatory damages to the complainant. ``(C) Costs of complaint.--If the Secretary of Labor issues a final order that provides for relief in accordance with this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the air carrier, contractor, or subcontractor named in the order an amount equal to the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred by the complainant (as determined by the Secretary of Labor) for, or in connection with, the bringing of the complaint that resulted in the issuance of the order. ``(4) Frivolous complaints.--Rule 11 of the Federal Rules of Civil Procedure applies to any complaint brought under this section that the Secretary finds to be frivolous or to have been brought in bad faith. ``(5) Review.-- ``(A) Appeal to court of appeals.-- ``(i) In general.--Not later than 60 days after a final order is issued under paragraph (3), a person adversely affected or aggrieved by that order may obtain review of the order in the United States court of appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of that violation. ``(ii) Requirements for judicial review.--A review conducted under this paragraph shall be conducted in accordance with chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order that is the subject of the review. ``(B) Limitation on collateral attack.--An order referred to in subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. ``(6) Enforcement of order by secretary of labor.-- ``(A) In general.--If an air carrier, contractor, or subcontractor named in an order issued under paragraph (3) fails to comply with the order, the Secretary of Labor may file a civil action in the United States district court for the district in which the violation occurred to enforce that order. ``(B) Relief.--In any action brought under this paragraph, the district court shall have jurisdiction to grant any appropriate form of relief, including injunctive relief and compensatory damages. ``(7) Enforcement of order by parties.-- ``(A) Commencement of action.--A person on whose behalf an order is issued under paragraph (3) may commence a civil action against the air carrier, contractor, or subcontractor named in the order to require compliance with the 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 the order. ``(B) Attorney fees.--In issuing any final order under this paragraph, the court may award costs of litigation (including reasonable attorney and expert witness fees) to any party if the court determines that the awarding of those costs is appropriate. ``(c) Mandamus.--Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28. ``(d) Nonapplicability to Deliberate Violations.--Subsection (a) shall not apply with respect to an employee of an air carrier, or contractor or subcontractor of an air carrier who, acting without direction from the air carrier (or an agent, contractor, or subcontractor of the air carrier), deliberately causes a violation of any requirement relating to air carrier safety under this subtitle or any other law of the United States. ``(e) Contractor Defined.--In this section, the term `contractor' means a company that performs safety-sensitive functions by contract for an air carrier.''. (b) Investigations and Enforcement.--Section 347(b)(1) of Public Law 104-50 (49 U.S.C. 106, note) is amended by striking ``protection;'' and inserting ``protection, including the provisions for investigations and enforcement as provided in chapter 12 of title 5, United States Code;''. (c) Conforming Amendment.--The chapter 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.''. (d) 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. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES. Section 44502(a) is amended by adding at the end thereof the following: ``(5) The Administrator may improve real property leased for air navigation facilities without regard to the costs of the improvements in relation to the cost of the lease if-- ``(A) the improvements primarily benefit the government; ``(B) are essential for mission accomplishment; and ``(C) the government's interest in the improvements is protected.''. SEC. 421. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS. Section 47107 is amended by adding at the end thereof the following: ``(q) Denial of Access.-- ``(1) Effect of denial.--If an owner or operator of an airport described in paragraph (2) denies access to an air carrier described in paragraph (3), that denial shall not be considered to be unreasonable or unjust discrimination or a violation of this section. ``(2) Airports to which subsection applies.--An airport is described in this paragraph if it-- ``(A) is designated as a reliever airport by the Administrator of the Federal Aviation Administration; ``(B) does not have an operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulations); and ``(C) is located within a 35-mile radius of an airport that has-- ``(i) at least 0.05 percent of the total annual boardings in the United States; and ``(ii) current gate capacity to handle the demands of a public charter operation. ``(3) Air carriers described.--An air carrier is described in this paragraph if it conducts operations as a public charter under part 380 of title 14, Code of Federal Regulations (or any subsequent similar regulations) with aircraft that is designed to carry more than 9 passengers per flight. ``(4) Definitions.--In this subsection: ``(A) Air carrier; air transportation; aircraft; airport.--The terms `air carrier', `air transportation', `aircraft', and `airport' have the meanings given those terms in section 40102 of this title. ``(B) Public charter.--The term `public charter' means 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.''. SEC. 422. TOURISM. (a) Findings.--Congress finds that-- (1) through an effective public-private partnership, Federal, State, and local governments and the travel and tourism industry can successfully market the United States as the premiere international tourist destination in the world; (2) in 1997, the travel and tourism industry made a substantial contribution to the health of the Nation's economy, as follows: (A) The industry is one of the Nation's largest employers, directly employing 7,000,000 Americans, throughout every region of the country, heavily concentrated among small businesses, and indirectly employing an additional 9,200,000 Americans, for a total of 16,200,000 jobs. (B) The industry ranks as the first, second, or third largest employer in 32 States and the District of Columbia, generating a total tourism-related annual payroll of $127,900,000,000. (C) The industry has become the Nation's third- largest retail sales industry, generating a total of $489,000,000,000 in total expenditures. (D) The industry generated $71,700,000,000 in tax revenues for Federal, State, and local governments; (3) the more than $98,000,000,000 spent by foreign visitors in the United States in 1997 generated a trade services surplus of more than $26,000,000,000; (4) the private sector, States, and cities currently spend more than $1,000,000,000 annually to promote particular destinations within the United States to international visitors; (5) because other nations are spending hundreds of millions of dollars annually to promote the visits of international tourists to their countries, the United States will miss a major marketing opportunity if it fails to aggressively compete for an increased share of international tourism expenditures as they continue to increase over the next decade; (6) a well-funded, well-coordinated international marketing effort--combined with additional public and private sector efforts--would help small and large businesses, as well as State and local governments, share in the anticipated phenomenal growth of the international travel and tourism market in the 21st century; (7) by making permanent the successful visa waiver pilot program, Congress can facilitate the increased flow of international visitors to the United States; (8) Congress can increase the opportunities for attracting international visitors and enhancing their stay in the United States by-- (A) improving international signage at airports, seaports, land border crossings, highways, and bus, train, and other public transit stations in the United States; (B) increasing the availability of multilingual tourist information; and (C) creating a toll-free, private-sector operated, telephone number, staffed by multilingual operators, to provide assistance to international tourists coping with an emergency; (9) by establishing a satellite system of accounting for travel and tourism, the Secretary of Commerce could provide Congress and the President with objective, thorough data that would help policymakers more accurately gauge the size and scope of the domestic travel and tourism industry and its significant impact on the health of the Nation's economy; and (10) having established the United States National Tourism Organization under the United States National Tourism Organization Act of 1996 (22 U.S.C. 2141 et seq.) to increase the United States share of the international tourism market by developing a national travel and tourism strategy, Congress should support a long-term marketing effort and other important regulatory reform initiatives to promote increased travel to the United States for the benefit of every sector of the economy. (b) Purposes.--The purposes of this section are to provide international visitor initiatives and an international marketing program to enable the United States travel and tourism industry and every level of government to benefit from a successful effort to make the United States the premiere travel destination in the world. (c) International Visitor Assistance Task Force.-- (1) Establishment.--Not later than 9 months after the date of enactment of this Act, the Secretary of Commerce shall establish an Intergovernmental Task Force for International Visitor Assistance (hereafter in this subsection referred to as the ``Task Force''). (2) Duties.--The Task Force shall examine-- (A) signage at facilities in the United States, including airports, seaports, land border crossings, highways, and bus, train, and other public transit stations, and shall identify existing inadequacies and suggest solutions for such inadequacies, such as the adoption of uniform standards on international signage for use throughout the United States in order to facilitate international visitors' travel in the United States; (B) the availability of multilingual travel and tourism information and means of disseminating, at no or minimal cost to the Government, of such information; and (C) facilitating the establishment of a toll-free, private-sector operated, telephone number, staffed by multilingual operators, to provide assistance to international tourists coping with an emergency. (3) Membership.--The Task Force shall be composed of the following members: (A) The Secretary of Commerce. (B) The Secretary of State. (C) The Secretary of Transportation. (D) The Chair of the Board of Directors of the United States National Tourism Organization. (E) Such other representatives of other Federal agencies and private-sector entities as may be determined to be appropriate to the mission of the Task Force by the Chairman. (4) Chairman.--The Secretary of Commerce shall be Chairman of the Task Force. The Task Force shall meet at least twice each year. Each member of the Task Force shall furnish necessary assistance to the Task Force. (5) Report.--Not later than 18 months after the date of the enactment of this Act, the Chairman of the Task Force shall submit to the President and to Congress a report on the results of the review, including proposed amendments to existing laws or regulations as may be appropriate to implement such recommendations. (d) Travel and Tourism Industry Satellite System of Accounting.-- (1) In general.--The Secretary of Commerce shall complete, as soon as may be practicable, a satellite system of accounting for the travel and tourism industry. (2) Funding.--To the extent any costs or expenditures are incurred under this subsection, they shall be covered to the extent funds are available to the Department of Commerce for such purpose. (e) Authorization of Appropriations.-- (1) Authorization.--Subject to paragraph (2), there are authorized to be appropriated such sums as may be necessary for the purpose of funding international promotional activities by the United States National Tourism Organization to help brand, position, and promote the United States as the premiere travel and tourism destination in the world. (2) Restrictions on use of funds.--None of the funds appropriated under paragraph (1) may be used for purposes other than marketing, research, outreach, or any other activity designed to promote the United States as the premiere travel and tourism destination in the world, except that the general and administrative expenses of operating the United States National Tourism Organization shall be borne by the private sector through such means as the Board of Directors of the Organization shall determine. (3) Report to congress.--Not later than March 30 of each year in which funds are made available under subsection (a), the Secretary shall submit to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a detailed report setting forth-- (A) the manner in which appropriated funds were expended; (B) changes in the United States market share of international tourism in general and as measured against specific countries and regions; (C) an analysis of the impact of international tourism on the United States economy, including, as specifically as practicable, an analysis of the impact of expenditures made pursuant to this section; (D) an analysis of the impact of international tourism on the United States trade balance and, as specifically as practicable, an analysis of the impact on the trade balance of expenditures made pursuant to this section; and (E) an analysis of other relevant economic impacts as a result of expenditures made pursuant to this section. SEC. 423. SENSE OF THE SENATE ON PROPERTY TAXES ON PUBLIC-USE AIRPORTS. It is the sense of the Senate that-- (1) property taxes on public-use airports should be assessed fairly and equitably, regardless of the location of the owner of the airport; and (2) the property tax recently assessed on the City of The Dalles, Oregon, as the owner and operator of the Columbia Gorge Regional/The Dalles Municipal Airport, located in the State of Washington, should be repealed. SEC. 424. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM. (a) Applicability of Merit Systems Protection Board Provisions.-- Section 347(b) of the Department of Transportation and Related Agencies Appropriations Act, 1996 (109 Stat. 460) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon and ``and''; and (3) by adding at the end thereof the following: ``(8) sections 1204, 1211-1218, 1221, and 7701-7703, relating to the Merit Systems Protection Board.''. (b) Appeals to Merit Systems Protection Board.--Section 347(c) of the Department of Transportation and Related Agencies Appropriations Act, 1996 is amended to read as follows: ``(c) Appeals to Merit Systems Protection Board.--Under the new personnel management system developed and implemented under subsection (a), an employee of the Federal Aviation Administration may submit an appeal to the Merit Systems Protection Board and may seek judicial review of any resulting final orders or decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of March 31, 1996.''. SEC. 425. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL SPILLS. (a) Authority.-- (1) Notwithstanding section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) and subject to subsections (b) and (c), the Secretary of Defense may, during the period beginning March 1, 1999, and ending on September 30, 2002, sell 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) 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 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; (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) As soon as practicable after the date of enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Transportation and the Administrator of General Services, prescribe regulations relating to the sale of aircraft and aircraft parts under this section. (2) The regulations shall-- (A) ensure that the sale of the aircraft and aircraft parts is made at a fair market value as determined by the Secretary of Defense, and, to the extent practicable, on a competitive basis; (B) require a certification by the purchaser that the aircraft and aircraft parts will be used only in accordance with the conditions set forth in subsection (b); (C) establish appropriate means of verifying and enforcing the use of the aircraft and aircraft parts by the purchaser and other end-users in accordance with the conditions set forth in subsection (b) or pursuant to subsection (e); and (D) ensure, to the maximum extent practicable, that the Secretary of Defense consults with the Administrator of General Services and with the heads of appropriate departments and agencies of the Federal Government regarding alternative requirements for such aircraft and aircraft parts before the sale of such aircraft and aircraft parts under this section. (e) Additional Terms and Conditions.--The Secretary of Defense may require such other terms and conditions in connection with each sale of aircraft and aircraft parts under this section as the Secretary considers appropriate for such sale. Such terms and conditions shall meet the requirements of regulations prescribed under subsection (d). (f) Report.--Not later than March 31, 2002, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security 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 air- craft sold. (g) Construction.--Nothing in this section may be construed as affecting the authority of the Administrator of the Federal Aviation Administration under any other provision of law. (h) Proceeds from Sale.--The net proceeds of any amounts received by the Secretary of Defense from the sale of aircraft and aircraft parts under this section shall be covered into the general fund of the Treasury as miscellaneous receipts. SEC 426. AIRCRAFT AND AVIATION COMPONENT REPAIR AND MAINTENANCE ADVISORY PANEL. (a) Establishment of Panel.--The Administrator of the Federal Aviation Administration-- (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 located within, or outside of, the United States; and (2) may seek the advice of the panel on any issue related to methods to improve the safety of domestic or foreign contract aircraft and aviation component repair facilities. (b) Membership.--The panel shall consist of-- (1) 8 members, appointed by the Administrator as follows: (A) 3 representatives of labor organizations representing aviation mechanics; (B) 1 representative of cargo air carriers; (C) 1 representative of passenger air carriers; (D) 1 representative of aircraft and aviation component repair stations; (E) 1 representative of aircraft manufacturers; and (F) 1 representative of the aviation industry not described in the preceding subparagraphs; (2) 1 representative from the Department of Transportation, designated by the Secretary of Transportation; (3) 1 representative from the Department of State, designated by the Secretary of State; and (4) 1 representative from the Federal Aviation Administration, designated by the Administrator. (c) Responsibilities.--The panel shall-- (1) determine how much aircraft and aviation component repair work and what type of aircraft and aviation component repair work is being performed by aircraft and aviation component repair stations located within, and outside of, the United States to better understand and analyze methods to improve the safety and oversight of such facilities; and (2) provide advice and counsel to the Administrator with respect to aircraft and aviation component repair work performed by those stations, staffing needs, and any safety issues associated with that work. (d) FAA To Request Information From Foreign Aircraft Repair Stations.-- (1) Collection of information.--The Administrator shall by regulation request aircraft and aviation component repair stations located outside the United States to submit such information as the Administrator may require in order to assess safety issues and enforcement actions with respect to the work performed at those stations on aircraft used by United States air carriers. (2) Drug and alcohol testing information.--Included in the information the Administrator requests under paragraph (1) shall be information on the existence and administration of employee drug and alcohol testing programs in place at such stations, if applicable. (3) Description of work done.--Included in the information the Administrator requests under paragraph (1) shall be information on the amount and type of aircraft and aviation component repair work performed at those stations on aircraft registered in the United States. (e) FAA To Request Information About Domestic Aircraft Repair Stations.--If the Administrator determines that information on the volume of the use of domestic aircraft and aviation component repair stations is needed in order to better utilize Federal Aviation Administration resources, the Administrator may-- (1) require United States air carriers to submit the information described in subsection (d) with respect to their use of contract and noncontract aircraft and aviation component repair facilities located in the United States; and (2) obtain information from such stations about work performed for foreign air carriers. (f) FAA To Make Information Available to Public.--The Administrator shall make any information received under subsection (d) or (e) available to the public. (g) Termination.--The panel established under subsection (a) shall terminate on the earlier of-- (1) the date that is 2 years after the date of enactment of this Act; or (2) December 31, 2000. (h) Annual Report to Congress.--The Administrator shall report annually to the Congress on the number and location of air agency certificates that were revoked, suspended, or not renewed during the preceding year. (i) Definitions.--Any term used in this section that is defined in subtitle VII of title 49, United States Code, has the meaning given that term in that subtitle. SEC. 427. AIRCRAFT SITUATIONAL DISPLAY DATA. (a) In General.--A memorandum of agreement between the Administrator of the Federal Aviation Administration and any person that directly obtains aircraft situational display data from the Administration shall require that-- (1) the person demonstrate to the satisfaction of the Administrator that such person is capable of selectively blocking the display of any aircraft-situation-display-to- industry derived data related to any identified aircraft registration number; and (2) the person agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon the Administration's request. (b) Existing Memoranda To Be Conformed.--The Administrator shall conform any memoranda of agreement, in effect on the date of enactment of this Act, between the Administration and a person under which that person obtains such data to incorporate the requirements of subsection (a) within 30 days after that date. SEC. 428. ALLOCATION OF TRUST FUND FUNDING. (a) Definitions.--In this section: (1) Airport and airway trust fund.--The term ``Airport and Airway Trust Fund'' means the trust fund established under section 9502 of the Internal Revenue Code of 1986. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (3) State.--The term ``State'' means each of the States, the District of Columbia, and the Commonwealth of Puerto Rico. (4) State dollar contribution to the airport and airway trust fund.--The term ``State dollar contribution to the Airport and Airway Trust Fund'', with respect to a State and fiscal year, means the amount of funds equal to the amounts transferred to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 that are equivalent to the taxes described in section 9502(b) of the Internal Revenue Code of 1986 that are collected in that State. (b) Reporting.-- (1) In general.--As soon as practicable after the date of enactment of this Act, and annually thereafter, the Secretary of the Treasury shall report to the Secretary the amount equal to the amount of taxes collected in each State during the preceding fiscal year that were transferred to the Airport and Airway Trust Fund. (2) Report by secretary.--Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare and submit to Congress a report that provides, for each State, for the preceding fiscal year-- (A) the State dollar contribution to the Airport and Airway Trust Fund; and (B) the amount of funds (from funds made available under section 48103 of title 49, United States Code) that were made available to the State (including any political subdivision thereof) under chapter 471 of title 49, United States Code. SEC. 429. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEMONSTRATION PROJECT. Within 18 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration 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. SEC. 430. AIRLINE MARKETING DISCLOSURE. (a) Definitions.--In this section: (1) Air carrier.--The term ``air carrier'' 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 section 40102 of title 49, United States Code. (b) Final Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall promulgate final regulations to provide for improved oral and written disclosure to each consumer of air transportation concerning the corporate name of the air carrier that provides the air transportation purchased by that consumer. In issuing the regulations issued under this subsection, the Secretary shall take into account the proposed regulations issued by the Secretary on January 17, 1995, published at page 3359, volume 60, Federal Register. SEC. 431. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT. (a) In General.--Section 2 of the Death on the High Seas Act (46 U.S.C. App. 762) is amended-- (1) by inserting ``(a) In General.--'' before ``The recovery''; and (2) by adding at the end thereof the following: ``(b) Commercial Aviation.-- ``(1) In general.--If the death was caused during commercial aviation, additional compensation for nonpecuniary damages for wrongful death of a decedent is recoverable in a total amount, for all beneficiaries of that decedent, that shall not exceed the greater of the pecuniary loss sustained or a sum total of $750,000 from all defendants for all claims. Punitive damages are not recoverable. ``(2) Inflation adjustment.--The $750,000 amount shall be adjusted, beginning in calendar year 2000 by the increase, if any, in the Consumer Price Index for all urban consumers for the prior year over the Consumer Price Index for all urban consumers for the calendar year 1998. ``(3) Nonpecuniary damages.--For purposes of this subsection, the term `nonpecuniary damages' means damages for loss of care, comfort, and companionship.''. (b) Effective Date.--The amendment made by subsection (a) applies to any death caused during commercial aviation occurring after July 16, 1996. SEC. 432. FAA STUDY OF BREATHING HOODS. The Administrator shall study whether breathing hoods currently available for use by flight crews when smoke is detected are adequate and report the results of that study to the Congress within 120 days after the date of enactment of this Act. SEC. 433. FAA STUDY OF ALTERNATIVE POWER SOURCES FOR FLIGHT DATA RECORDERS AND COCKPIT VOICE RECORDERS. The Administrator of the Federal Aviation Administration shall study the need for an alternative power source for on-board flight data recorders and cockpit voice recorders and shall report the results of that study to the Congress within 120 days after the date of enactment of this Act. If, within that time, the Administrator determines, after consultation with the National Transportation Safety Board that the Board is preparing recommendations with respect to this subject matter and will issue those recommendations within a reasonable period of time, the Administrator shall report to the Congress the Administrator's comments on the Board's recommendations rather than conducting a separate study. SEC. 434. PASSENGER FACILITY FEE LETTERS OF INTENT. The Secretary of Transportation may not require an eligible agency (as defined in section 40117(a)(2) of title 49, United States Code), to impose a passenger facility fee (as defined in section 40117(a)(4) of that title) in order to obtain a letter of intent under section 47110 of that title. SEC. 435. ELIMINATION OF HAZMAT ENFORCEMENT BACKLOG. (a) Findings.--The Congress makes the following findings: (1) The transportation of hazardous materials continues to present a serious aviation safety problem which poses a potential threat to health and safety, and can result in evacuations, emergency landings, fires, injuries, and deaths. (2) Although the Federal Aviation Administration budget for hazardous materials inspection increased $10,500,000 in fiscal year 1998, the General Accounting Office has reported that the backlog of hazardous materials enforcement cases has increased from 6 to 18 months. (b) Elimination of Hazardous Materials Enforcement Backlog.--The Administrator of the Federal Aviation Administration shall-- (1) make the elimination of the backlog in hazardous materials enforcement cases a priority; (2) seek to eliminate the backlog within 6 months after the date of enactment of this Act; and (3) make every effort to ensure that inspection and enforcement of hazardous materials laws are carried out in a consistent manner among all geographic regions, and that appropriate fines and penalties are imposed in a timely manner for violations. (c) Information Regarding Progress.--The Administrator shall provide information in oral or written form to the Committee on Commerce, Science, and Transportation, on a quarterly basis beginning 3 months after the date of enactment of this Act for a year, on plans to eliminate the backlog and enforcement activities undertaken to carry out subsection (b). SEC. 436. FAA EVALUATION OF LONG-TERM CAPITAL LEASING. Nothwithstanding any other provision of law to the contrary, the Administrator of the Federal Aviation Administration may establish a pilot program for fiscal years 2001 through 2004 to test and evaluate the benefits of long-term contracts for the leasing of aviation equipment and facilities. The Administrator shall establish criteria for the program. The Administrator may enter into no more than 10 leasing contracts under this section, each of which shall be for a period greater than 5 years, under which the equipment or facility operates. The contracts to be evaluated may include requirements related to oceanic and air traffic control, air-to-ground radio communications, and air traffic control tower construction. SEC. 437. 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 on a scheduled airline flight segment in interstate air transportation or intrastate air transportation. ``(b) Smoking Prohibition in Foreign Air Transportation.--The Secretary of Transportation (referred to in this subsection as the `Secretary') shall require all air carriers and foreign air carriers to prohibit on and after October 1, 1999, smoking in any aircraft on a scheduled airline flight segment within the United States or between a place in the United States and a place outside the United States. ``(c) Limitation on Applicability.-- ``(1) In general.--If a foreign government objects to the application of subsection (b) on the basis that subsection provides for an extraterritorial application of the laws of the United States, the Secretary may waive the application of subsection (b) to a foreign air carrier licensed by that foreign government at such time as an alternative prohibition negotiated under paragraph (2) becomes effective and is enforced by the Secretary. ``(2) Alternative prohibition.--If, pursuant to paragraph (1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter into bilateral negotiations with the objecting foreign government to provide for an alternative smoking prohibition. ``(d) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 60 days after the date of enactment of this Act. SEC. 438. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS. Section 47118 is amended-- (1) by striking ``12.'' in subsection (a) and inserting ``15.''; and (2) by striking ``5-fiscal-year periods'' in subsection (d) and inserting ``periods, each not to exceed 5 fiscal years,''. SEC. 439. ROLLING STOCK EQUIPMENT. (a) In General.--Section 1168 of title 11, United States Code, is amended to read as follows: ``Sec. 1168. Rolling stock equipment ``(a)(1) The right of a secured party with a security interest in or of a lessor or conditional vendor of equipment described in paragraph (2) to take possession of such equipment in compliance with an equipment security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court, except that right to take possession and enforce those other rights and remedies shall be subject to section 362, if-- ``(A) before the date that is 60 days after the date of commencement of a case under this chapter, the trustee, subject to the court's approval, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract; and ``(B) any default, other than a default of a kind described in section 365(b)(2), under such security agreement, lease, or conditional sale contract-- ``(i) that occurs before the date of commencement of the case and is an event of default therewith is cured before the expiration of such 60-day period; ``(ii) that occurs or becomes an event of default after the date of commencement of the case and before the expiration of such 60-day period is cured before the later of-- ``(I) the date that is 30 days after the date of the default or event of the default; or ``(II) the expiration of such 60-day period; and ``(iii) that occurs on or after the expiration of such 60-day period is cured in accordance with the terms of such security agreement, lease, or conditional sale contract, if cure is permitted under that agreement, lease, or conditional sale contract. ``(2) The equipment described in this paragraph-- ``(A) is rolling stock equipment or accessories used on rolling stock equipment, including superstructures or racks, that is subject to a security interest granted by, leased to, or conditionally sold to a debtor; and ``(B) includes all records and documents relating to such equipment that are required, under the terms of the security agreement, lease, or conditional sale contract, that is to be surrendered or returned by the debtor in connection with the surrender or return of such equipment. ``(3) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party. ``(b) The trustee and the secured party, lessor, or conditional vendor whose right to take possession is protected under subsection (a) may agree, subject to the court's approval, to extend the 60-day period specified in subsection (a)(1). ``(c)(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in subsection (a)(2), if at any time after the date of commencement of the case under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such possession of the trustee. ``(2) At such time as the trustee is required under paragraph (1) to surrender and return equipment described in subsection (a)(2), any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security agreement or conditional sale contract is an executory contract, shall be deemed rejected. ``(d) With respect to equipment first placed in service on or prior to October 22, 1994, for purposes of this section-- ``(1) the term `lease' includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease for Federal income tax purposes; and ``(2) the term `security interest' means a purchase-money equipment security interest. ``(e) With respect to equipment first placed in service after October 22, 1994, for purposes of this section, the term `rolling stock equipment' includes rolling stock equipment that is substantially rebuilt and accessories used on such equipment.''. (b) Aircraft Equipment and Vessels.--Section 1110 of title 11, United States Code, is amended to read as follows: ``Sec. 1110. Aircraft equipment and vessels ``(a)(1) Except as provided in paragraph (2) and subject to subsection (b), the right of a secured party with a security interest in equipment described in paragraph (3), or of a lessor or conditional vendor of such equipment, to take possession of such equipment in compliance with a security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies, under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court. ``(2) The right to take possession and to enforce the other rights and remedies described in paragraph (1) shall be subject to section 362 if-- ``(A) before the date that is 60 days after the date of the order for relief under this chapter, the trustee, subject to the approval of the court, agrees to perform all obligations of the debtor 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. ``(3) The equipment described in this paragraph-- ``(A) is-- ``(i) an aircraft, aircraft engine, propeller, appliance, or spare part (as defined in section 40102 of title 49) that is subject to a security interest granted by, leased to, or conditionally sold to a debtor that, at the time such transaction is entered into, holds an air carrier operating certificate issued pursuant to chapter 447 of title 49 for aircraft capable of carrying 10 or more individuals or 6,000 pounds or more of cargo; or ``(ii) a documented vessel (as defined in section 30101(1) of title 46) that is subject to a security interest granted by, leased to, or conditionally sold to a debtor that is a water carrier that, at the time such transaction is entered into, holds a certificate of public convenience and necessity or permit issued by the Department of Transportation; and ``(B) includes all records and documents relating to such equipment that are required, under the terms of the security agreement, lease, or conditional sale contract, to be surrendered or returned by the debtor in connection with the surrender or return of such equipment. ``(4) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party. ``(b) The trustee and the secured party, lessor, or conditional vendor whose right to take possession is protected under subsection (a) may agree, subject to the approval of the court, to extend the 60-day period specified in subsection (a)(1). ``(c)(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in subsection (a)(3), if at any time after the date of the order for relief under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such possession to the trustee. ``(2) At such time as the trustee is required under paragraph (1) to surrender and return equipment described in subsection (a)(3), any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security agreement or conditional sale contract is an executory contract, shall be deemed rejected. ``(d) With respect to equipment first placed in service on or before October 22, 1994, for purposes of this section-- ``(1) the term `lease' includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease for Federal income tax purposes; and ``(2) the term `security interest' means a purchase-money equipment security interest.''. SEC. 440. MONROE REGIONAL AIRPORT LAND CONVEYANCE. The Secretary of Transportation may waive all terms contained in the 1949 deed of conveyance under which the United States conveyed certain property then constituting Selman Field, Louisiana, to the City of Monroe, Louisiana, subject to the following conditions: (1) The city agrees that in conveying any interest in such property the city will receive an amount for such interest that is equal to the fair market value for such interest. (2) The amount received by the city for such conveyance shall be used by the city-- (A) for the development, improvement, operation, or maintenance of a public airport; or (B) for the development or improvement of the city's airport industrial park co-located with the Monroe Regional Airport to the extent that such development or improvement will result in an increase, over time, in the amount the industrial park will pay to the airport to an amount that is greater than the amount the city received for such conveyance. SEC. 441. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT. To maintain the efficient utilization of airports in the high- growth Cincinnati local airport system, and to ensure that the Cincinnati-Municipal Blue Ash Airport continues to operate to relieve congestion at Cincinnati-Northern Kentucky International Airport and to provide greater access to the general aviation community beyond the expiration of the City of Cincinnati's grant obligations, the Secretary of Transportation may approve the sale of Cincinnati-Municipal Blue Ash Airport from the City of Cincinnati to the City of Blue Ash upon a finding that the City of Blue Ash meets all applicable requirements for sponsorship and if the City of Blue Ash agrees to continue to maintain and operate Blue Ash Airport, as generally contemplated and described within the Blue Ash Master Plan Update dated November 30, 1998, for a period of 20 years from the date existing grant assurance obligations of the City of Cincinnati expire. SEC. 442. REPORT ON SPECIALTY METALS CONSORTIUM. The Administrator of the Federal Aviation Administration 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. The Administrator shall report to the Congress within 6 months after entering into an agreement with any such consortium of such producers and manufacturers on the goals and efforts of the consortium. SEC. 443. PAVEMENT CONDITION. The Administrator of the Federal Aviation Administration may conduct a study on the extent of alkali silica reactivity-induced pavement distress in concrete runways, taxiways, and aprons for airports comprising the national air transportation system. If the Administrator conducts such a study, it shall include a determination based on in-the-field inspections followed by petrographic analysis or other similar techniques. SEC. 444. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM. (a) In General.--Subchapter I of chapter 471 is further amended by adding at the end the following: ``Sec. 47137. Inherently low-emission airport vehicle pilot program ``(a) In General.--The Secretary of Transportation shall carry out a pilot program at not more than 10 public-use airports under which the sponsors of such airports may use funds made available under section 48103 for use at such airports to carry out inherently low-emission vehicle activities. Notwithstanding any other provision of this subchapter, inherently low-emission vehicle activities shall for purposes of the pilot program be treated as eligible for assistance under this subchapter. ``(b) Location in Air Quality Nonattainment Areas.-- ``(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(d)). ``(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.--Participants carrying out inherently low-emission vehicle activities under this pilot program may use no less than 10 percent of the amounts made available for expenditure at the airport 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). ``(3) Planning assistance.--The administrator may provide $500,000 from funds made available under section 48103 to a multi-State, western regional technology consortium for the purposes of developing for dissemination prior to the commencement of the pilot program a comprehensive best practices planning guide that addresses appropriate technologies, environmental and economic impacts, and the role of planning and mitigation strategies. ``(g) Report to Congress.--Not later than 18 months after the date of the enactment of the Air Transportation Improvement 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 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 to the pilot program is transferred among the participants and to other interested parties, including other public-use airports. ``(h) 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, 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 non-road 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 title 40 of the Code of Federal Regulations, 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 such vehicles 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: ``47137. Inherently low-emission airport vehicle pilot program.''. SEC. 445. 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.), the Secretary of Transportation (or the appropriate Federal officer) may waive, without charge, any of the terms contained in any deed of conveyance described in subsection (b) that restrict the use of any land described in such a deed that, as of the date of enactment of this Act, is not being used for the operation of an airport or for air traffic. A waiver made under the preceding sentence shall be deemed to be consistent with the requirements of section 47153 of title 49, United States Code. (b) Deed of Conveyance.--A deed of conveyance referred to in subsection (a) is a deed of conveyance issued by the United States before the date of enactment of this Act for the conveyance of lands to a public institution of higher education in Oklahoma. (c) Use of Lands Subject to Waiver.-- (1) In general.--Notwithstanding any other provision of law, the lands subject to a waiver under subsection (a) shall not be subject to any term, condition, reservation, or restriction that would otherwise apply to that land as a result of the conveyance of that land by the United States to the institution of higher education. (2) Use of lands.--An institution of higher education that is issued a waiver under subsection (a) may use revenues derived from the use, operation, or disposal of that land only for weather-related and educational purposes that include benefits for aviation. (d) Grants.-- (1) In general.--Notwithstanding any other provision of law, if an institution of higher education that is subject to a waiver under subsection (a) received financial assistance in the form of a grant from the Federal Aviation Administration or a predecessor agency before the date of enactment of this Act, then the Secretary of Transportation 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 of Transportation under chapter 471 of title 49, United States Code, or under any other provision of law relating to financial assistance provided through the Federal Aviation Administration. SEC. 446. AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED WEATHER OBSERVING SYSTEM UPGRADE. Section 48101 is further amended by adding at the end the following: ``(f) Automated Surface Observation System/Automated Weather Observing System Upgrade.--Of the amounts appropriated under subsection (a) for fiscal years beginning after September 30, 2000, such sums as may be necessary for the implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.''. SEC. 447. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION SYSTEM. The Administrator of the Federal Aviation Administration 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. 448. COST/BENEFIT ANALYSIS FOR RETROFIT OF 16G SEATS. Before the Administrator of the Federal Aviation Administration issues a final rule requiring the air carriers to retrofit existing aircraft with 16G seats, the Administrator shall conduct, in consultation with the Inspector General of the Department of Transportation, a comprehensive analysis of the costs and benefits that would be associated with the issuance of such a final rule. SEC. 449. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT. The Secretary of Transportation 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 be released-- (1) does not exceed 400 acres; and (2) is not needed for airport purposes. SEC. 450. AIRPORT SAFETY NEEDS. (a) In General.--The Administrator shall conduct a study reviewing current and future airport safety needs that-- (1) focuses specifically on the mission of rescue personnel, rescue operations response time, and extinguishing equipment; and (2) gives particular consideration to the need for different requirements for airports that are related to the size of the airport and the size of the community immediately surrounding the airport. (b) Report Transmitted to Congress; Deadline.--The Administrator shall transmit a report containing the Administrator's findings and recommendations to the Aviation Subcommittee of the Senate Committee on Commerce, Science, and Transportation and the Aviation Subcommittee of the House of Representatives Committee on Transportation and Infrastructure within 6 months after the date of enactment of this Act. (c) Cost/benefit Analysis of Proposed Changes.--If the Administrator recommends, on the basis of a study conducted under subsection (a), that part 139 of title 14, Code of Federal Regulations, should be revised to meet current and future airport safety needs, the Administrator shall include a cost-benefit analysis of any recommended changes in the report. SEC. 451. FLIGHT TRAINING OF INTERNATIONAL STUDENTS. The Federal Aviation Administration shall implement a bilateral aviation safety agreement for conversion of flight crew licenses between the government of the United States and the Joint Aviation Authority member governments. SEC. 452. GRANT PARISH, LOUISIANA. In General.--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) Mineral Rights.--Nothing in subsection (a) affects the ownership or disposition of oil, gas, or other mineral resources associated with land described in subsection (a). SEC. 453. DESIGNATION OF GENERAL AVIATION AIRPORT. Section 47118 of title 49, United States Code, is amended-- (1) in the second sentence of subsection (a), by striking ``12'' and inserting ``15''; and (2) by adding at the end the following new subsection: ``(g) Designation of General Aviation Airport.--Notwithstanding any other provision of this section, at least one of the airports designated under subsection (a) may be a general aviation airport that is a former military installation closed or realigned under a law described in subsection (a)(1).''. SEC. 454. AIRLINE DEREGULATION STUDY COMMISSION. (a) Establishment of Commission.-- (1) Establishment.--There is established a commission to be known as the Airline Deregulation Study Commission (in this section referred to as the ``Commission''). (2) Membership.-- (A) Composition.--Subject to subparagraph (B), the Commission shall be composed of 15 members of whom-- (i) 5 shall be appointed by the President; (ii) 5 shall be appointed by the President pro tempore of the Senate, 3 upon the recommendation of the Majority Leader, and 2 upon the recommendation of the Minority Leader of the Senate; and (iii) 5 shall be appointed by the Speaker of the House of Representatives, 3 upon the Speaker's own initiative, and 2 upon the recommendation of the Minority Leader of the House of Representatives. (B) Members from rural areas.-- (i) Requirement.--Of the individuals appointed to the Commission under subparagraph (A)-- (I) one of the individuals appointed under clause (i) of that subparagraph shall be an individual who resides in a rural area; and (II) two of the individuals appointed under each of clauses (ii) and (iii) of that subparagraph shall be individuals who reside in a rural area. (ii) Geographic distribution.--The appointment of individuals under subparagraph (A) pursuant to the requirement in clause (i) of this subparagraph shall, to the maximum extent practicable, be made so as to ensure that a variety of geographic areas of the country are represented in the membership of the Commission. (C) Date.--The appointments of the members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson.--The Commission shall select a Chairman and Vice Chairperson from among its members. (b) Duties of the Commission.-- (1) Study.-- (A) Definitions.--In this subsection, the terms `air carrier' and `air transportation' have the meanings given those terms in section 40102(a). (B) Contents.--The Commission shall conduct a thorough study of the impacts of deregulation of the airline industry of the United States on-- (i) the affordability, accessibility, availability, and quality of air transportation, particularly in small-sized and medium-sized communities; (ii) economic development and job creation, particularly in areas that are underserved by air carriers; (iii) the economic viability of small-sized airports; and (iv) the long-term configuration of the United States passenger air transportation system. (C) Measurement factors.--In carrying out the study under this subsection, the Commission shall develop measurement factors to analyze the quality of passenger air transportation service provided by air carriers by identifying the factors that are generally associated with quality passenger air transportation service. (D) Business and leisure travel.--In conducting measurements for an analysis of the affordability of air travel, to the extent practicable, the Commission shall provide for appropriate control groups and comparisons with respect to business and leisure travel. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit an interim report to the President and Congress, and not later than 18 months after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress. Each such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the duties of the Commission under this section. (2) Information from federal agencies.--The Commission shall consult with the Comptroller General of the United States and may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the duties of the Commission under this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Commission Personnel Matters.-- (1) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (2) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (4) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of Commission.--The Commission shall terminate 90 days after the date on which the Commission submits its report under subsection (b). (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $950,000 for fiscal year 2000 to the Commission to carry out this section. (2) Availability.--Any sums appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 455. NONDISCRIMINATION IN THE USE OF PRIVATE AIRPORTS. Chapter 401 of subtitle VII of title 49, United States Code, is amended by inserting the following new section after section 40122: ``Sec. 40123. Nondiscrimination in the use of private airports ``(a) In General.--Notwithstanding any other provision of law, no State, county, city or municipal 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, creed, color, national origin, sex, or ancestry.''. SEC. 456. CURFEW. Notwithstanding any other provision of law, any exemptions granted to air carriers under this Act may not result in additional operations at Ronald Reagan Washington National Airport between the hours of 10:00 p.m. and 7:00 a.m. SEC. 457. FEDERAL AVIATION ADMINISTRATION YEAR 2000 TECHNOLOGY SAFETY ENFORCEMENT ACT OF 1999. (a) Short Title.--This section be cited as the ``Federal Aviation Administration Year 2000 Technology Safety Enforcement Act of 1999''. (b) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air carrier operating certificate.--The term ``air carrier operating certificate'' has the same meaning as in section 44705 of title 49, United States Code. (3) Year 2000 technology problem.--The term ``year 2000 technology problem'' means a failure by any device or system (including any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions to process, to calculate, to compare, to sequence, to display, to store, to transmit, or to receive year-2000 date-related data failures-- (A) to deal with or account for transitions or comparisons from, into, and between the years 1999 and 2000 accurately; (B) to recognize or accurately process any specific date in 1999, 2000, or 2001; or (C) to accurately account for the year 2000's status as a leap year, including recognition and processing of the correct date on February 29, 2000. (c) Response To Request for Information.--Any person who has an air carrier operating certificate shall respond on or before November 1, 1999, to any request for information from the Administrator regarding readiness of that person with regard to the year 2000 technology problem as it relates to the compliance of that person with applicable safety regulations. (d) Failure To Respond.-- (1) Surrender of certificate.--After November 1, 1999, the Administrator shall make a decision on the record whether to compel any air carrier that has not responded on or before November 1, 1999, to a request for information regarding the readiness of that air carrier with regard to the year 2000 technology problem as it relates to the air carrier's compliance with applicable safety regulations to surrender its operating certificate to the Administrator. (2) Reinstatement of certificate.--The Administrator may return an air carrier operating certificate that has been surrendered under this subsection upon-- (A) a finding by the Administrator that a person whose certificate has been surrendered has provided sufficient information to demonstrate compliance with applicable safety regulations as it relates to the year 2000 technology problem; or (B) upon receipt of a certification, signed under penalty or perjury, by the chief operating officer of the air carrier, that such air carrier has addressed the year 2000 technology problem so that the air carrier will be in full compliance with applicable safety regulations on and after January 1, 2000. SEC. 458. 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 of Transportation should-- (1) include northern Delaware in any study of aircraft noise conducted under part 150 of title 14 of the Code of Federal Regulations required under the National Environmental Policy Act of 1969 for the redesign of the airspace surrounding Philadelphia International Airport; (2) study the feasibility, consistent with safety, of placing the approach causeway for Philadelphia International Airport's East Operations over the Delaware River (instead of Brandywine Hundred); and (3) study the feasibility of increasing the standard altitude over the Brandywine Intercept from 3,000 feet to 4,000 feet. SEC. 459. STUDY OF OUTDOOR AIR, VENTILATION, AND RECIRCULATION AIR REQUIREMENTS FOR PASSENGER CABINS IN COMMERCIAL AIRCRAFT. (a) Definitions.--In this section, the terms ``air carrier'' and ``aircraft'' have the meanings given those terms in section 40102 of title 49, United States Code. (b) In General.--As soon as practicable after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall conduct a study of sources of air supply contaminants of aircraft and air carriers to develop alternatives to replace engine and auxiliary power unit bleed air as a source of air supply. To carry out this paragraph, the Secretary may enter into an agreement with the Director of the National Academy of Sciences for the National Research Council to conduct the study. (c) Availability of Information.--Upon completion of the study under this section in one year's time, the Administrator of the Federal Aviation Administration shall make available the results of the study to air carriers through the Aviation Consumer Protection Division of the Office of the General Counsel for the Department of Transportation. SEC. 460. GENERAL AVIATION METROPOLITAN ACCESS AND RELIEVER AIRPORT GRANT FUND. (a) Definition.--Title 49, United States Code, is amended by adding the following new subparagraph at the end of section 47144(d)(1): ``(C) General aviation metropolitan access and reliever airport.--`General Aviation Metropolitan Access and Reliever Airport' means a Reliever Airport which has annual operations in excess of 75,000 operations, a runway with a minimum usable landing distance of 5,000 feet, a precision instrument landing procedure, a minimum of 150 based aircraft, and where the adjacent Air Carrier Airport exceeds 20,000 hours of annual delays as determined by the Federal Aviation Administration.''. (b) Apportionment.--Title 49, United States Code, section 47114(d), is amended by adding at the end: ``(4) The Secretary shall apportion an additional 5 percent of the amount subject to apportionment for each fiscal year to States that include a General Aviation Metropolitan Access and Reliever Airport equal to the percentage of the apportionment equal to the percentage of the number of operations of the State's eligible General Aviation Metropolitan Access and Reliever Airports compared to the total operations of all General Aviation Metropolitan Access and Reliever Airports.''. SEC. 461. STUDY ON AIRPORT NOISE. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit a study on airport noise to Congress, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration. (b) Areas of Study.--The study shall examine-- (1) the selection of noise measurement methodologies used by the Administrator of the Federal Aviation Administration; (2) the threshold of noise at which health impacts are felt; (3) the effectiveness of noise abatement programs at airports around the United States; and (4) the impacts of aircraft noise on students and educators in schools. (c) Recommendations.--The study shall include specific recommendations to the Secretary of Transportation and the Administrator of the Federal Aviation Administration concerning new measures that should be implemented to mitigate the impact of aircraft noise on communities surrounding airports. SEC. 462. SENSE OF THE SENATE CONCERNING EAS. (a) Sense of the Senate.--It is the sense of the Senate that-- (1) essential air service (EAS) to smaller communities remains vital, and that the difficulties encountered by many communities in retaining EAS warrant increased Federal attention; (2) the FAA should give full consideration to ending the local match required by Dickinson, North Dakota. (b) Report.--Not later than 60 days after enactment of this legislation, the Secretary of Transportation shall report to the Congress with an analysis of the difficulties faced by many smaller communities in retaining EAS and a plan to facilitate easier EAS retention. This report shall give particular attention to communities in North Dakota. SEC. 463. AIRLINE QUALITY SERVICE REPORTS. The Secretary of Transportation shall modify the Airline Service Quality Performance reports required under part 234 of title 14, Code of Federal Regulations, to more fully disclose to the public the nature and source of delays and cancellations experienced by air travelers. Such modifications shall include a requirement that air carriers report delays and cancellations in categories which reflect the reasons for such delays and cancellations. Such categories and reporting shall be determined by the Administrator in consultation with representatives of airline passengers, air carriers, and airport operators, and shall include delays and cancellations caused by air traffic control. SEC. 464. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS IN INTERSTATE OR FOREIGN COMMERCE. (a) Short Title.--This section may be cited as the ``Aircraft Safety Act of 1999''. (b) Definitions.--Section 31 of title 18, United States Code, is amended by striking all after the section heading and inserting the following: ``(a) In General.-- ``(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, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including a regulation) or contract. ``(3) Destructive substance.--The term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature. ``(4) In flight.--The term `in flight' means-- ``(A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and ``(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board. ``(5) In service.--The term `in service' means-- ``(A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and ``(B) in any event includes the entire period during which the aircraft is in flight. ``(6) Motor vehicle.--The term `motor vehicle' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo. ``(7) Part.--The term `part' means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment. ``(8) Space vehicle.--The term `space vehicle' means a man- made device, either manned or unmanned, designed for operation beyond the Earth's atmosphere. ``(9) State.--The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(10) Used for commercial purposes.--The term `used for commercial purposes' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. ``(b) Terms Defined in Other Law.--In this chapter, the terms `aircraft engine', `air navigation facility', `appliance', `civil aircraft', `foreign air commerce', `interstate air commerce', `landing area', `overseas air commerce', `propeller', `spare part', and `special aircraft jurisdiction of the United States' have the meanings given those terms in sections 40102(a) and 46501 of title 49.''. (c) Fraud.-- (1) In general.--Chapter 2 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce ``(a) Offenses.--A person that, in or affecting interstate or foreign commerce, knowingly-- ``(1)(A) falsifies or conceals a material fact; ``(B) makes any materially fraudulent representation; or ``(C) makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication; concerning any aircraft or space vehicle part; ``(2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or ``(3) attempts or conspires to commit an offense described in paragraph (1) or (2); shall be punished as provided in subsection (b). ``(b) Penalties.--The punishment for an offense under subsection (a) is as follows: ``(1) Aviation quality.--If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 25 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 probable cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365) to or the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both. ``(3) Organizations.--If the offense is committed by an organization, a fine of not more than $25,000,000. ``(4) Other circumstances.--In the case of an offense not described in paragraph (1), (2), or (3), a fine under this title, imprisonment for not more than 15 years, or both. ``(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, 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 dissolution or reorganization of any enterprise, making due provisions for the rights and interests of innocent persons. ``(2) Restraining orders and prohibition.--Pending final determination of a proceeding brought under this section, the court may enter such restraining orders or prohibitions, or take such other actions (including the acceptance of satisfactory performance bonds) as the court deems proper. ``(3) Estoppel.--A final judgment rendered in favor of the United States in any criminal proceeding brought under this section shall estop 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. ``(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 applies to conduct occurring inside or outside the United States. ``(g) Authorized Investigative Demand Procedures.-- ``(1) Authorization.-- ``(A) Subpoenas.--In any investigation relating to any act or activity involving an offense under this section, the Attorney General may issue in writing and cause to be served a subpoena-- ``(i) requiring the production of any record (including any book, paper, document, electronic medium, or other object or tangible thing) that may be relevant to an authorized law enforcement inquiry, that a person or legal entity may possess or have care or custody of or control over; and ``(ii) requiring a custodian of a record to give testimony concerning the production and authentication of the record. ``(B) Contents.--A subpoena under subparagraph (A) shall-- ``(i) describe the object required to be produced; and ``(ii) prescribe a return date within a reasonable period of time within which the object can be assembled and produced. ``(C) Limitation.--The production of a record shall not be required under this section at any place more than 500 miles from the place at which the subpoena for the production of the record is served. ``(D) Witness fees.--A witness summoned under this section shall be paid the same fees and mileage as are paid witnesses in courts of the United States. ``(b) Service.-- ``(1) In general.--A subpoena issued under subsection (a) may be served by any person who is at least 18 years of age and is designated in the subpoena to serve the subpoena. ``(2) Natural persons.--Service of a subpoena issued under subsection (a) on a natural person may be made by personal delivery of the subpoena to the person. ``(3) Corporations and other organizations.--Service of a subpoena issued under subsection (a) on a domestic or foreign corporation or on a partnership or other unincorporated association that is subject to suit under a common name may be made by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process for the corporation, partnership, or association. ``(4) Proof of service.--The affidavit of the person serving the subpoena entered or a true copy of such an affidavit shall be proof of service. ``(c) Enforcement.-- ``(1) In general.--In the case of a failure to comply with a subpoena issued under subsection (a), the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which the subpoenaed person carries on business or may be found, to compel compliance with the subpoena. ``(2) Orders.--The court may issue an order requiring the subpoenaed person to appear before the Attorney General to produce a record or to give testimony concerning the production and authentication of a record. ``(3) Contempt.--Any failure to obey the order of the court may be punished by the court as a contempt of court. ``(4) Process.--All process in a case under this subsection may be served in any judicial district in which the subpoenaed person may be found. ``(d) Immunity From Civil Liability.--Notwithstanding any Federal, State, or local law, any person (including any officer, agent, or employee of a person) that receives a subpoena under this section, who complies in good faith with the subpoena and produces a record or material sought by a subpoena under this section, shall not be liable in any court of any State or the United States to any customer or other person for the production or for nondisclosure of the production to the customer.''. (2) Conforming amendments.-- (A) Chapter analysis.--The analysis for chapter 2 of title 18, United States Code, is amended by adding at the end the following: ``38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.''. (B) Wire and electronic communications.--Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 38 (relating to aircraft parts fraud),'' after ``section 32 (relating to destruction of aircraft or aircraft facilities),''. SEC. 465. PRESERVATION OF ESSENTIAL AIR SERVICE AT DOMINATED HUB AIRPORTS. (a) In General.--Subchapter II of chapter 417 is amended by adding at the end thereof the following: ``Sec. 41743. Preservation of basic essential air service at dominated hub airports ``(a) In General.--If the Secretary of Transportation determines that extraordinary circumstances jeopardize the reliable and competitive performance of essential air service under this subchapter from a subsidized essential air service community to and from an essential airport facility, then the Secretary may require the air carrier that has more than 50 percent of the total annual enplanements at the essential airport facility to take action to enable an air carrier to provide reliable and competitive essential air service to that community. Action required by the Secretary under this subsection may include interline agreements, ground services, subleasing of gates, and the provision of any other service or facility necessary for the performance of satisfactory essential air service to that community. ``(b) Essential Airport Facility Defined.--In this section, the term `essential airport facility' means a large hub airport (as defined in section 41731) in the contiguous 48 States at which 1 air carrier has more than 50 percent of the total annual enplanements at that airport.''. SEC. 466. AVAILABILITY OF FUNDS FOR GEORGIA'S REGIONAL AIRPORT ENHANCEMENT PROGRAM. Of the amounts made available to the Secretary of Transportation for the fiscal year 2000 under section 48103 of title 49, United States Code, funds may be available for Georgia's regional airport enhancement program for the acquisition of land. TITLE V--AVIATION COMPETITION PROMOTION SEC. 501. PURPOSE. The purpose of this title is to facilitate, through a 4-year pilot program, incentives and projects that will help up to 40 communities or consortia of communities to improve their access to the essential airport facilities of the national air transportation system through public-private partnerships and to identify and establish ways to overcome the unique policy, economic, geographic, and marketplace factors that may inhibit the availability of quality, affordable air service to small communities. SEC. 502. ESTABLISHMENT OF SMALL COMMUNITY AVIATION DEVELOPMENT PROGRAM. Section 102 is amended by adding at the end thereof the following: ``(g) Small Community Air Service Development Program.-- ``(1) Establishment.--The Secretary shall establish a 4- year pilot aviation development program to be administered by a program director designated by the Secretary. ``(2) Functions.--The program director shall-- ``(A) function as a facilitator between small communities and air carriers; ``(B) carry out section 41743 of this title; ``(C) carry out the airline service restoration program under sections 41744, 41745, and 41746 of this title; ``(D) ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities; ``(E) 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 ``(F) provide policy recommendations to the Secretary and the Congress that will ensure that small communities have access to quality, affordable air transportation services. ``(3) Reports.--The program director shall provide an annual report to the Secretary and the Congress beginning in 2000 that-- ``(A) analyzes the availability of air transportation services in small communities, including, but not limited to, an assessment of the air fares charged for air transportation services in small communities compared to air fares charged for air transportation services in larger metropolitan areas and an assessment of the levels of service, measured by types of aircraft used, the availability of seats, and scheduling of flights, provided to small communities; ``(B) identifies the policy, economic, geographic and marketplace factors that inhibit the availability of quality, affordable air transportation services to small communities; and ``(C) provides policy recommendations to address the policy, economic, geographic, and marketplace factors inhibiting the availability of quality, affordable air transportation services to small communities.''. SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM. (a) In General.--Subchapter II of chapter 417 is amended by adding at the end thereof the following: ``Sec. 41743. Air service program for small communities ``(a) Communities Program.--Under advisory guidelines prescribed by the Secretary of Transportation, a small community or a consortia of small communities or a State may develop an assessment of its air service requirements, in such form as the program director designated by the Secretary under section 102(g) may require, and submit the assessment and service proposal to the program director. ``(b) Selection of Participants.--In selecting community programs for participation in the communities program under subsection (a), the program director shall apply criteria, including geographical diversity and the presentation of unique circumstances, that will demonstrate the feasibility of the program. For purposes of this subsection, the application of geographical diversity criteria means criteria that-- ``(1) will promote the development of a national air transportation system; and ``(2) will involve the participation of communities in all regions of the country. ``(c) Carriers Program.--The program director shall invite part 121 air carriers and regional/commuter carriers (as such terms are defined in section 41715(d) of this title) to offer service proposals in response to, or in conjunction with, community aircraft service assessments submitted to the office under subsection (a). A service proposal under this paragraph shall include-- ``(1) an assessment of potential daily passenger traffic, revenues, and costs necessary for the carrier to offer the service; ``(2) a forecast of the minimum percentage of that traffic the carrier would require the community to garner in order for the carrier to start up and maintain the service; and ``(3) the costs and benefits of providing jet service by regional or other jet aircraft. ``(d) Program Support Function.--The program director shall work with small communities and air carriers, taking into account their proposals and needs, to facilitate the initiation of service. The program director-- ``(1) may work with communities to develop innovative means and incentives for the initiation of service; ``(2) may obligate funds authorized under section 504 of the Air Transportation Improvement Act to carry out this section; ``(3) shall continue to work with both the carriers and the communities to develop a combination of community incentives and carrier service levels that-- ``(A) are acceptable to communities and carriers; and ``(B) do not conflict with other Federal or State programs to facilitate air transportation to the communities; ``(4) designate an airport in the program as an Air Service Development Zone and work with the community 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; ``(5) take such other action under this chapter as may be appropriate. ``(e) Limitations.-- ``(1) Community support.--The program director may not provide financial assistance under subsection (c)(2) to any community unless the program director determines that-- ``(A) a public-private partnership exists at the community level to carry out the community's proposal; ``(B) the community will make a substantial financial contribution that is appropriate for that community's resources, but of not less than 25 percent of the cost of the project in any event; ``(C) the community has established an open process for soliciting air service proposals; and ``(D) the community will accord similar benefits to air carriers that are similarly situated. ``(2) Amount.--The program director may not obligate more than $80,000,000 of the amounts authorized under 504 of the Air Transportation Improvement Act over the 4 years of the program. ``(3) Number of participants.--The program established under subsection (a) shall not involve more than 40 communities or consortia of communities. ``(f) Report.--The program director shall report through the Secretary to the Congress annually on the progress made under this section during the preceding year in expanding commercial aviation service to smaller communities. ``Sec. 41744. Pilot program project authority ``(a) In General.--The program director designated by the Secretary of Transportation under section 102(g)(1) shall establish a 4-year pilot program-- ``(1) to assist communities and States with inadequate access to the national transportation system to improve their access to that system; and ``(2) to facilitate better air service link-ups to support the improved access. ``(b) Project Authority.--Under the pilot program established pursuant to subsection (a), the program director may-- ``(1) out of amounts authorized under section 504 of the Air Transportation Improvement Act, provide financial assistance by way of grants to small communities or consortia of small communities under section 41743 of up to $500,000 per year; and ``(2) take such other action as may be appropriate. ``(c) Other Action.--Under the pilot program established pursuant to subsection (a), the program director may facilitate service by-- ``(1) working with airports and air carriers to ensure that appropriate facilities are made available at essential airports; ``(2) collecting data on air carrier service to small communities; and ``(3) providing policy recommendations to the Secretary to stimulate air service and competition to small communities. ``(d) Additional Action.--Under the pilot program established pursuant to subsection (a), the Secretary shall work with air carriers providing service to participating communities and major air carriers serving large hub airports (as defined in section 41731(a)(3)) to facilitate joint fare arrangements consistent with normal industry practice. ``Sec. 41745. Assistance to communities for service ``(a) In General.--Financial assistance provided under section 41743 during any fiscal year as part of the pilot program established under section 41744(a) shall be implemented for not more than-- ``(1) 4 communities within any State at any given time; and ``(2) 40 communities in the entire program at any time. For purposes of this subsection, a consortium of communities shall be treated as a single community. ``(b) Eligibility.--In order to participate in a pilot project under this subchapter, a State, community, or group of communities shall apply to the Secretary in such form and at such time, and shall supply such information, as the Secretary may require, and shall demonstrate to the satisfaction of the Secretary that-- ``(1) the applicant has an identifiable need for access, or improved access, to the national air transportation system that would benefit the public; ``(2) the pilot project will provide material benefits to a broad section of the travelling public, businesses, educational institutions, and other enterprises whose access to the national air transportation system is limited; ``(3) the pilot project will not impede competition; and ``(4) the applicant has established, or will establish, public-private partnerships in connection with the pilot project to facilitate service to the public. ``(c) Coordination with Other Provisions of Subchapter.--The Secretary shall carry out the 4-year pilot program authorized by this subchapter in such a manner as to complement action taken under the other provisions of this subchapter. To the extent the Secretary determines to be appropriate, the Secretary may adopt criteria for implementation of the 4-year pilot program that are the same as, or similar to, the criteria developed under the preceding sections of this subchapter for determining which airports are eligible under those sections. The Secretary shall also, to the extent possible, provide incentives where no direct, viable, and feasible alternative service exists, taking into account geographical diversity and appropriate market definitions. ``(d) Maximization of Participation.--The Secretary shall structure the program established pursuant to section 41744(a) in a way designed to-- ``(1) permit the participation of the maximum feasible number of communities and States over a 4-year period by limiting the number of years of participation or otherwise; and ``(2) obtain the greatest possible leverage from the financial resources available to the Secretary and the applicant by-- ``(A) progressively decreasing, on a project-by- project basis, any Federal financial incentives provided under this chapter over the 4-year period; and ``(B) terminating as early as feasible Federal financial incentives for any project determined by the Secretary after its implementation to be-- ``(i) viable without further support under this subchapter; or ``(ii) failing to meet the purposes of this chapter or criteria established by the Secretary under the pilot program. ``(e) Success Bonus.--If Federal financial incentives to a community are terminated under subsection (d)(2)(B) because of the success of the program in that community, then that community may receive a one-time incentive grant to ensure the continued success of that program. ``(f) Program to Terminate in 4 Years.--No new financial assistance may be provided under this subchapter for any fiscal year beginning more than 4 years after the date of enactment of the Air Transportation Improvement Act. ``Sec. 41746. Additional authority ``In carrying out this chapter, the Secretary-- ``(1) may provide assistance to States and communities in the design and application phase of any project under this chapter, and oversee the implementation of any such project; ``(2) may assist States and communities in putting together projects under this chapter to utilize private sector resources, other Federal resources, or a combination of public and private resources; ``(3) may accord priority to service by jet aircraft; ``(4) take such action as may be necessary to ensure that financial resources, facilities, and administrative arrangements made under this chapter are used to carry out the purposes of title V of the Air Transportation Improvement Act; and ``(5) shall work with the Federal Aviation Administration on airport and air traffic control needs of communities in the program.''. (b) Conforming Amendment.--The chapter analysis for subchapter II of chapter 417 is amended by inserting after the item relating to section 41742 the following: ``41743. Air service program for small communities. ``41744. Pilot program project authority. ``41745. Assistance to communities for service. ``41746. Additional authority.''. (c) Waiver of Local Contribution.--Section 41736(b) is amended by inserting after paragraph (4) the following: ``Paragraph (4) does not apply to any community approved for service under this section during the period beginning October 1, 1991, and ending December 31, 1997.''. SEC. 504. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Transportation $80,000,000 to carry out sections 41743 through 41746 of title 49, United States Code, for the 4 fiscal-year period beginning with fiscal year 2000. SEC. 505. MARKETING PRACTICES. Section 41712 is amended-- (1) by inserting ``(a) In General.--'' before ``On''; and (2) by adding at the end thereof the following: ``(b) Marketing Practices That Adversely Affect Service to Small or Medium Communities.--Within 180 days after the date of enactment of the Air Transportation Improvement Act, the Secretary shall review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to small- and medium-sized communities, including-- ``(1) marketing arrangements between airlines and travel agents; ``(2) code-sharing partnerships; ``(3) computer reservation system displays; ``(4) gate arrangements at airports; ``(5) exclusive dealing arrangements; and ``(6) any other marketing practice that may have the same effect. ``(c) Regulations.--If the Secretary finds, after conducting the review required by subsection (b), that marketing practices inhibit the availability of such service to such communities, then, after public notice and an opportunity for comment, the Secretary may promulgate regulations that address the problem, or take other appropriate action. Nothing in this section expands the authority or jurisdiction of the Secretary to promulgate regulations under the Federal Aviation Act or under any other Act.''. SEC. 506. 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) 45-Day Application Process.-- ``(1) Request for slot exemptions.--Any slot exemption request filed with the Secretary under this section, section 41717, or 41719 shall include-- ``(A) the names of the airports to be served; ``(B) the times requested; and ``(C) such additional information as the Secretary may require. ``(2) Action on request; failure to act.--Within 45 days after a slot exemption request under this section, section 41717, or section 41719 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; or ``(C) deny the request and state the reasons for its denial. ``(3) 45-day period tolled for timely request for more information.--If the Secretary returns the request for additional information during the first 10 days after the request is filed, then the 45-day period 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 subparagraph (2)(C) within the 45- day period beginning on the date it is received, excepting any days during which the 45-day period is tolled under paragraph (3), then the request is deemed to have been approved on the 46th day after it was filed with the Secretary.''. (2) Exemptions may not be bought or sold.--Section 41714 is further amended by adding at the end the following: ``(j) Exemptions May Not Be Bought or Sold.--No exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, granted under this section, section 41717, or section 41719 may be bought or sold by the carrier to which it is granted.''. (3) Equal treatment of affiliated carriers.--Section 41714, as amended by paragraph (2), is further amended by adding at the end thereof the following: ``(k) Affiliated Carriers.--For purposes of this section, section 41717, 41718, and 41719, the Secretary shall treat all commuter air carriers that have cooperative agreements, including code-share agreements, with other air carriers equally for determining eligibility for the application of any provision of those sections regardless of the form of the corporate relationship between the commuter air carrier and the other air carrier.''. (4) New entrant slots.--Section 41714(c) is amended-- (A) by striking ``(1) In general.--''; (B) by striking ``and the circumstances to be exceptional,''; and (C) by striking paragraph (2). (5) Limited incumbent; regional jet.--Section 40102 is amended by-- (A) inserting after paragraph (28) the following: ``(28A) 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 `20' shall be substituted for `12' in sections 93.213(a)(5), 93.223(c)(3), and 93.225(h) as such sections were in effect on August 1, 1998.''; and (B) inserting after paragraph (37) the following: ``(37A) The term `regional jet' means a passenger, turbofan-powered aircraft carrying not fewer than 30 and not more than 50 passengers.''. (b) Phase-out of Slot Rules.--Chapter 417 is amended-- (1) by redesignating sections 41715 and 41716 as sections 41720 and 41721; 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 after December 31, 2006, at LaGuardia Airport or John F. Kennedy International Airport. ``(b) FAA Safety Authority Not Compromised.--Nothing in subsection (a) affects the Federal Aviation Administration's authority for safety and the movement of air traffic. (c) Preservation of Existing Service.--Chapter 417, as amended by subsection (b), is amended by inserting after section 41715 the following: ``Sec. 41716. Preservation of certain existing slot-related air service ``An air carrier that provides air transportation of passengers from a high density airport (other than Ronald Reagan Washington National Airport) to a small hub airport or nonhub airport, or to an airport that is smaller than a small hub or nonhub airport, on or before the date of enactment of the Air Transportation Improvement Act pursuant to an exemption 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), or where slots were issued to an airline conditioned on a specific airport being served, may not terminate air transportation service for that route for a period of 2 years (with respect to service from LaGuardia Airport or John F. Kennedy International Airport), or 4 years (with respect to service from Chicago O'Hare International Airport), after the date on which those requirements cease to apply to that high density airport unless-- ``(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or ``(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41720 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.''. (d) Special Rules Affecting LaGuardia Airport and John F. Kennedy International Airport.--Chapter 417, as amended by subsection (c), is amended by inserting after section 41716 the following: ``Sec. 41717. Interim slot rules at New York airports ``(a) In General.--The Secretary of Transportation may, by order, grant exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports) with respect to a regional jet aircraft providing air transportation between LaGuardia Airport or John F. Kennedy International Airport and a small hub or nonhub airport-- ``(1) if the operator of the regional jet aircraft was not providing such air transportation during the week of June 15, 1999; or ``(2) if the level of air transportation to be provided between such airports by the operator of the regional jet aircraft during any week will exceed the level of air transportation provided by such operator between such airports during the week of June 15, 1999.''. (e) Special Rules Affecting Chicago O'Hare International Airport.-- (1) In general.--Subchapter I of chapter 417, as amended by subsection (d), is amended by inserting after section 41717 the following: ``Sec. 41718. Special Rules for Chicago O'Hare International Airport ``(a) In General.--The Secretary of Transportation shall grant 30 slot exemptions over a 3-year period beginning on the date of enactment of the Air Transportation Improvement Act at Chicago O'Hare International Airport. ``(b) Equipment and Service Requirements.-- ``(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) Service provided.--Of the exemptions granted under subsection (a)-- ``(A) 18 shall be used only for service to underserved markets, of which no fewer than 6 shall be designated as commuter slot exemptions; and ``(B) 12 shall be air carrier slot exemptions. ``(c) Procedural Requirements.--Before granting exemptions under subsection (a), the Secretary shall-- ``(1) conduct an environmental review, taking noise into account, and determine that the granting of the exemptions will not cause a significant increase in noise; ``(2) determine whether capacity is available and can be used safely and, if the Secretary so determines then so certify; ``(3) give 30 days notice to the public through publication in the Federal Register of the Secretary's intent to grant the exemptions; and ``(4) consult with appropriate officers of the State and local government on any related noise and environmental issues. ``(d) Underserved Market Defined.--In this section, the term `service to underserved markets' means passenger air transportation service to an airport that is a nonhub airport or a small hub airport (as defined in paragraphs (4) and (5), respectively, of section 41731(a)).''. (2) 3-year report.--The Secretary shall study and submit a report 3 years after the first exemption granted under section 41718(a) of title 49, United States Code, is first used on the impact of the additional slots on the safety, environment, noise, access to underserved markets, and competition at Chicago O'Hare International Airport. (f) Special Rules Affecting Reagan Washington National Airport.-- (1) In general.--Chapter 417, as amended by subsection (e), is amended by inserting after section 41718 the following: ``Sec. 41719. Special Rules for Ronald Reagan Washington National Airport ``(a) Beyond-Perimeter Exemptions.--The Secretary shall by order grant 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 service 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 of this title; and ``(4) not result in meaningfully increased travel delays. ``(b) Within-Perimeter Exemptions.--The Secretary shall by order grant 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 service to airports that were designated as medium-hub or smaller airports in the Federal Aviation Administration's Primary Airport Enplanement Activity Summary for Calendar Year 1997 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 and limited incumbent air carriers; ``(2) to communities without existing service to Ronald Reagan Washington National Airport; ``(3) to small communities; or ``(4) that will provide competitive service on a monopoly nonstop route to Ronald Reagan Washington National Airport. ``(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 increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period during the hours between 7:00 a.m. and 9:59 p.m. by more than 2 operations. ``(3) Additional exemptions.--The Secretary shall grant exemptions under subsections (a) and (b) that-- ``(A) will result in 12 additional daily air carrier slot exemptions at such airport for long-haul service beyond the perimeter; ``(B) will result in 12 additional daily air carrier slot exemptions at such airport for service within the perimeter; and ``(C) will not result in additional daily slot exemptions for service to any within-the-perimeter airport that was designated as a large-hub airport in the Federal Aviation Administration's Primary Airport Enplanement Activity Summary for Calendar Year 1997. ``(4) Assessment of safety, noise and environmental impacts.--The Secretary shall assess the impact of granting exemptions, including the impacts of the additional slots and flights at Ronald Reagan Washington National Airport provided under subsections (a) and (b) on safety, noise levels and the environment within 90 days of the date of the enactment of the Air Transportation Improvement Act. The environmental assessment shall be carried out in accordance with parts 1500- 1508 of title 40, Code of Federal Regulations. Such environmental assessment shall include a public meeting. ``(5) Applicability with exemption 5133.--Nothing in this section affects Exemption No. 5133, as from time-to-time amended and extended.''. (2) Override of mwaa restriction.--Section 49104(a)(5) is amended by adding at the end thereof the following: ``(D) Subparagraph (C) does not apply to any increase in the number of instrument flight rule takeoffs and landings necessary to implement exemptions granted by the Secretary under section 41719.''. (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 of Transportation 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 to the Authority 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 chapter 471 of title 49, United States Code, in an amount not less than 10 percent of the aggregate annual amount of financial assistance provided to the Authority by the Secretary as grants under chapter 471 of title 49, United States Code; 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 of Transportation may waive the requirements of subparagraph (A) for any fiscal year for which the Secretary determines that the Metropolitan Washington Airports Authority is in full compliance with applicable airport noise compatibility planning and program requirements under part 150 of title 14, Code of Federal Regulations. (C) Sunset.--This paragraph shall cease to be in effect 5 years after the date of enactment of this Act if on that date the Secretary of Transportation certifies that the Metropolitan Washington Airports Authority has achieved full compliance with applicable noise compatibility planning and program requirements under part 150 of title 14, Code of Federal Regulations. (4) Report.--Within 1 year after the date of enactment of this Act, and biannually thereafter, the Secretary shall certify to the United States Senate Committee on Commerce, Science, and Transportation, the United States House of Representatives Committee on Transportation and Infrastructure, 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. (g) Noise Compatibility Planning and Programs.--Section 47117(e) is amended by adding at the end the following: ``(3) 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) LaGuardia Airport; ``(B) John F. Kennedy International Airport; and ``(C) Ronald Reagan Washington National Airport.''. (h) Study of Community Noise Levels Around High Density Airports.-- The Secretary of Transportation shall study community noise levels in the areas surrounding the 4 high-density airports after the 100 percent Stage 3 fleet requirements are in place, and compare those levels with the levels in such areas before 1991. (i) Conforming Amendments.-- (1) Section 49111 is amended by striking subsection (e). (2) The chapter analysis for subchapter I of chapter 417 is amended-- (A) by redesignating the items relating to sections 41715 and 41716 as relating to sections 41720 and 41721, respectively; and (B) by inserting after the item relating to section 41714 the following: ``41715. Phase-out of slot rules at certain airports. ``41716. Preservation of certain existing slot-related air service. ``41717. Interim slot rules at New York airports. ``41718. Interim application of slot rules at Chicago O'Hare. International Airport. ``41719. Special Rules for Ronald Reagan Washington National Airport.''. (3) Conforming amendment.--Section 41714(a)(3) is amended by adding at the end thereof the following: ``The 132 slot cap under this paragraph does not apply to exemptions or slots made available under section 41718.''. SEC. 507. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES. Section 41712, as amended by section 505 of this Act, is amended by adding at the end thereof the following: ``(d) E-Ticket Expiration Notice.--It shall be an unfair or deceptive practice under subsection (a) for any air carrier utilizing electronically transmitted tickets to fail to notify the purchaser of such a ticket of its expiration date, if any.''. SEC. 508. REGIONAL AIR SERVICE INCENTIVE OPTIONS. (a) Purpose.--The purpose of this section is to provide the Congress with an analysis of means to improve service by jet aircraft to underserved markets by authorizing a review of different programs of Federal financial assistance, including loan guarantees like those that would have been provided for by section 2 of S. 1353, 105th Congress, as introduced, to commuter air carriers that would purchase regional jet aircraft for use in serving those markets. (b) Study.--The Secretary of Transportation shall study the efficacy of a program of Federal loan guarantees for the purchase of regional jets by commuter air carriers. The Secretary shall include in the study a review of options for funding, including alternatives to Federal funding. In the study, the Secretary shall analyze-- (1) the need for such a program; (2) its potential benefit to small communities; (3) the trade implications of such a program; (4) market implications of such a program for the sale of regional jets; (5) the types of markets that would benefit the most from such a program; (6) the competitive implications of such a program; and (7) the cost of such a program. (c) Report.--The Secretary shall submit a report of the results of the study to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure not later than 24 months after the date of enactment of this Act. SEC. 509. REQUIREMENT TO ENHANCE COMPETITIVENESS OF SLOT EXEMPTIONS FOR REGIONAL JET AIR SERVICE AND NEW ENTRANT AIR CARRIERS AT CERTAIN HIGH DENSITY TRAFFIC AIRPORTS. (a) In General.--Subchapter I of chapter 417, as amended by sections 507 and 508, is amended by adding at the end thereof the following: ``Sec. 41721. Requirement to enhance competitiveness of slot exemptions for nonstop regional jet air service and new entrant air carriers at certain airports ``In granting slot exemptions for nonstop regional jet air service and new entrant air carriers under this subchapter to John F. Kennedy International Airport, and La Guardia Airport, the Secretary of Transportation shall require the Federal Aviation Administration to provide commercially reasonable times to takeoffs and landings of air flights conducted under those exemptions.''. (b) Conforming Amendment.--The chapter analysis for subchapter I of chapter 417, as amended by this title, is amended by adding at the end thereof the following: ``41721. Requirement to enhance competitiveness of slot exemptions for nonstop regional jet air service and new entrant air carriers at certain airports.''. TITLE VI--NATIONAL PARKS OVERFLIGHTS SEC. 601. FINDINGS. The 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 the 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, air tour, environmental, and Native American representatives, recommended that the Congress enact legislation based on its consensus work product; and (6) this title reflects the recommendations made by that Group. SEC. 602. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS. (a) In General.--Chapter 401, as amended by section 301 of this Act, is amended by adding at the end the following: ``Sec. 40126. Overflights of national parks ``(a) In General.-- ``(1) General requirements.--A commercial air tour operator may not conduct commercial air tour operations over a national park 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 effective air tour management plan for that park or those 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 that park or those tribal lands. ``(B) Competitive bidding for limited capacity parks.--Whenever a commercial air tour management plan limits the number of commercial air tour flights over a national park area during a specified time frame, the Administrator, in cooperation with the Director, shall authorize commercial air tour operators to provide such service. The authorization shall specify such terms and conditions as the Administrator and the Director find necessary for management of commercial air tour operations over the national park. The Administrator, in cooperation with the Director, shall develop an open competitive process for evaluating proposals from persons interested in providing commercial air tour services over the national 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 company or pilots; ``(ii) any quiet aircraft technology proposed for use; ``(iii) the experience in commercial air tour operations over other national parks or scenic areas; ``(iv) the financial capability of the company; ``(v) any training programs for pilots; and ``(vi) responsiveness to any criteria developed by the National Park Service or the affected national park. ``(C) Number of operations authorized.--In determining the number of authorizations to issue to provide commercial air tour service 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 companies, and the financial viability of each commercial air tour operation. ``(D) Cooperation with nps.--Before granting an application under this paragraph, the Administrator shall, in cooperation with the Director, develop an air tour management plan in accordance with subsection (b) and implement such plan. ``(E) Time limit on response to atmp applications.--The Administrator shall act on any such application and issue a decision on the application not later than 24 months after it is received or amended. ``(3) Exception.--Notwithstanding paragraph (1), commercial air tour operators may conduct commercial air tour operations over a national park under part 91 of the Federal Aviation Regulations (14 CFR 91.1 et seq.) if-- ``(A) such activity is permitted under part 119 (14 CFR 119.1(e)(2)); ``(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 flight operations will be conducted; and ``(C) the total number of operations under this exception is limited to not more than 5 flights in any 30-day period over a particular park. ``(4) Special rule for safety requirements.-- Notwithstanding subsection (c), an existing commercial air tour operator shall, not later than 90 days after the date of enactment of the Air Transportation Improvement Act, apply for operating authority under part 119, 121, or 135 of the Federal Aviation Regulations (14 CFR Pt. 119, 121, or 135). 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. ``(b) Air Tour Management Plans.-- ``(1) Establishment of atmps.-- ``(A) In general.--The Administrator shall, in cooperation with the Director, establish an air tour management plan for any national park or tribal land for which such a plan is not already in effect whenever a person applies for authority to operate a commercial air tour over the park. The development of the air tour management plan is to be a cooperative undertaking between the Federal Aviation Administration and the National Park Service. The air tour management plan shall be developed by means of a public process, and the agencies shall develop information and analysis that explains the conclusions that the agencies make in the application of the respective criteria. Such explanations shall be included in the Record of Decision and may be subject to judicial review. ``(B) Objective.--The objective of any air tour management plan shall be to develop acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tours upon the natural and cultural resources and 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 tours 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 tours if the plan includes a limitation on the number of commercial air tour flights for any time period; and ``(F) shall justify and document the need for measures taken pursuant to subparagraphs (A) through (E). ``(4) Procedure.--In establishing a commercial air tour management plan for a national park, the Administrator and the Director shall-- ``(A) initiate at least one public meeting with interested parties to develop a commercial air tour management plan for the park; ``(B) publish the proposed plan in the Federal Register for notice and comment and make copies of the proposed plan available to the public; ``(C) comply with the regulations set forth in sections 1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal Regulations (for purposes of complying with those regulations, the Federal Aviation Administration is the lead agency and the National Park Service is a cooperating agency); and ``(D) solicit the participation of any Indian tribe whose tribal lands are, or may be, overflown by aircraft involved in commercial air tour operations over a national park or tribal lands, as a cooperating agency under the regulations referred to in paragraph (4)(C). ``(5) Amendments.--Any amendment of an air tour management plan 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 paragraph to a commercial air tour operator for 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 such tours within the 12- month period prior to the date of enactment of the Air Transportation Improvement Act; or ``(ii) the average number of flights per 12-month period used by the operator to provide such tours within the 36-month period prior to such date of enactment, and, for seasonal operations, the number of flights so used during the season or seasons covered by that 12-month period; ``(B) may not provide for an increase in the number of operations conducted during any time period by the commercial air tour operator to which it is granted unless the increase is agreed to by the Administrator and the Director; ``(C) shall be published in the Federal Register to provide notice and opportunity for comment; ``(D) may be revoked by the Administrator for cause; ``(E) shall terminate 180 days after the date on which an air tour management plan is established for that park or those tribal lands; and ``(F) shall-- ``(i) promote protection of national park resources, visitor experiences, and tribal lands; ``(ii) promote safe operations of the commercial air tour; ``(iii) promote the adoption of quiet technology, as appropriate; and ``(iv) allow for modifications of the operation 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 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 tours over that national park or those 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 that park or on tribal lands, or the Director determines that it would create a noise problem at that park or on tribal lands. ``(C) ATMP limitation.--The Administrator may grant interim operating authority under subparagraph (A) of this paragraph only if the air tour management plan for the park or tribal lands to which the application relates has not been developed within 24 months after the date of enactment of the Air Transportation Improvement Act. ``(d) Definitions.--In this section, the following definitions apply: ``(1) Commercial air tour.--The term `commercial air tour' means any flight conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing. If the operator of a flight asserts that the flight is not a commercial air tour, factors that can be considered by the Administrator in making a determination of whether the flight is a commercial air tour, include, but are not limited to-- ``(A) whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire; ``(B) whether a narrative was provided that referred to areas or points of interest on the surface; ``(C) the area of operation; ``(D) the frequency of flights; ``(E) the route of flight; ``(F) the inclusion of sightseeing flights as part of any travel arrangement package; or ``(G) whether the flight or flights in question would or would not have been canceled based on poor visibility of the surface. ``(2) Commercial air tour operator.--The term `commercial air tour operator' means any person who conducts a commercial air tour. ``(3) 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 tours over a national park at any time during the 12-month period ending on the date of enactment of the Air Transportation Improvement Act. ``(4) New entrant commercial air tour operator.--The term `new entrant commercial air tour operator' means a commercial air tour operator that-- ``(A) applies for operating authority as a commercial air tour operator for a national park; and ``(B) has not engaged in the business of providing commercial air tours over that national park or those tribal lands in the 12-month period preceding the application. ``(5) Commercial air tour operations.--The term `commercial air tour operations' means commercial air tour flight operations conducted-- ``(A) over a national park or within \1/2\ mile outside the boundary of any national park; ``(B) 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); and ``(C) less than 1 mile laterally from any geographic feature within the park (unless more than \1/2\ mile outside the boundary). ``(6) National park.--The term `national park' means any unit of the National Park System. ``(7) Tribal lands.--The term `tribal lands' means `Indian country', as defined by section 1151 of title 18, United States Code, that is within or abutting a national park. ``(8) Administrator.--The term `Administrator' means the Administrator of the Federal Aviation Administration. ``(9) Director.--The term `Director' means the Director of the National Park Service.''. (b) Exemptions and Special Rules.-- (1) Grand canyon.--Section 40126 of title 49, United States Code, as added by subsection (a), does not apply to-- (A) the Grand Canyon National Park; or (B) Indian country within or abutting the Grand Canyon National Park. (2) Lake mead.--A commercial air tour of the Grand Canyon that transits over or near the Lake Mead National Recreation Area en route to, or returning from, the Grand Canyon, without offering a deviation in flight path between its point of origin and the Grand Canyon, shall be considered, for purposes of paragraph (1), to be exclusively a commercial air tour of the Grand Canyon. (3) Quiet aircraft technology for grand canyon.-- (A) Quiet technology requirements.--Within 9 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration 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 no requirements are promulgated as mandated by this paragraph, then beginning 9 months after enactment of this Act and until the provisions of this paragraph are met, any aircraft shall be considered to be in compliance with this paragraph. (B) Routes or corridors.--The Administrator shall by rule establish routes or corridors for commercial air tours (as defined in section 40126(d)(1) of title 49, United States Code) by fixed-wing and helicopter aircraft that employ quiet aircraft technology for-- (i) tours of the Grand Canyon originating in Clark County, Nevada; and (ii) ``local loop'' tours originating at the Grand Canyon National Park Airport, in Tusayan, Arizona. (C) Operational caps and expanded hours.-- Commercial air tours (as so defined) by any fixed-wing or helicopter aircraft that employs quiet aircraft technology and that replaces an existing aircraft-- (i) shall not be subject to operational flight allocations applicable to other commercial air tours of the Grand Canyon; and (ii) may be conducted during the hours from 7:00 a.m. to 7:00 p.m. (D) Modification of existing aircraft to meet standards.--A commercial air tour (as so defined) by a fixed-wing or helicopter aircraft in a commercial air tour operator's fleet on the date of enactment of this Act that meets the requirements designated under subparagraph (A), or is subsequently modified to meet the requirements designated under subparagraph (A) may be used for commercial air tours under the same terms and conditions as a replacement aircraft under subparagraph (C) without regard to whether it replaces an existing aircraft. (E) Goal of restoring natural quiet.--Nothing in this paragraph reduces the goal, established for the Federal Aviation Administration and the National Park Service under Public Law 100-91 (16 U.S.C. 1a-1 note), of achieving substantial restoration of the natural quiet at the Grand Canyon National Park. (4) Alaska.--The provisions of this title and section 40126 of title 49, United States Code, as added by subsection (a), do not apply to any land or waters located in Alaska. (5) Compliance with other regulations.--For purposes of section 40126 of title 49, United States Code-- (A) regulations issued by the Secretary of Transportation and the Administrator of the Federal Aviation Administration under section 3 of Public Law 100-91 (16 U.S.C. 1a-1, note); and (B) 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. (c) Clerical Amendment.--The table of sections for chapter 401 is amended by adding at the end thereof the following: ``40126. Overflights of national parks.''. SEC. 603. ADVISORY GROUP. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Director of the National Park Service shall jointly establish an advisory group to provide continuing advice and counsel with respect to the operation of commercial air tours 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 and 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; (2) on the designation of appropriate and feasible quiet aircraft technology standards for quiet aircraft technologies under development for commercial purposes, 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) on such other national park or tribal lands-related safety, environmental, and air touring issues as the Administrator and the Director may request. (d) Compensation; Support; FACA.-- (1) Compensation and travel.--Members of the advisory group who are not officers or employees of the United States, while attending conferences or meetings of the group or otherwise engaged in its business, or while serving away from their homes or regular places of business, each member 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. (e) Report.--The Administrator and the Director shall jointly report to the Congress within 24 months after the date of enactment of this Act on the success of this title in providing incentives for quiet aircraft technology. SEC. 604. OVERFLIGHT FEE REPORT. Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall transmit to Congress a report on the effects proposed overflight fees are likely to have on the commercial air tour 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 the proposed fee charged by the National Park Service; and (2) the financial effects proposed offsets are likely to have on Federal Aviation Administration budgets and appropriations. SEC. 605. PROHIBITION OF COMMERCIAL AIR TOURS OVER THE ROCKY MOUNTAIN NATIONAL PARK. Effective beginning on the date of enactment of this Act, no commercial air tour may be operated 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, as added by this Act. TITLE VII--TITLE 49 TECHNICAL CORRECTIONS SEC. 701. RESTATEMENT OF 49 U.S.C. 106(G). (a) In General.--Section 106(g) is amended by striking ``40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b) and (c), 44504, 44505, 44507, 44508, 44511-44513, 44701-44716, 44718(c), 44721(a), 44901, 44902, 44903(a)-(c) and (e), 44906, 44912, 44935- 44937, and 44938(a) and (b), chapter 451, sections 45302-45304,'' and inserting ``40113(a), (c)-(e), 40114(a), and 40119, and chapter 445 (except sections 44501(b), 44502(a)(2)-(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a) and (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''. (b) Technical Correction.--The amendment made by this section may not be construed as making a substantive change in the language replaced. SEC. 702. RESTATEMENT OF 49 U.S.C. 44909. Section 44909(a)(2) is amended by striking ``shall'' and inserting ``should''. TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY SEC. 801. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES. Effective October 1, 2000, there are transferred to the Federal Aviation Administration and vested in the Administrator of the Federal Aviation Administration 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. 802. TRANSFER OF OFFICE, PERSONNEL AND FUNDS. (a) 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) 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 Act, 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 Act 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 Act. SEC. 803. 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) In General.--The Administrator of the Federal Aviation Administration is invested with and shall exercise, effective October 1, 2000 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 nt). ``(b) Authority to Conduct Surveys.--To provide aeronautical charts and related products and services for the safe and efficient navigation of air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Administrator is authorized to conduct the following activities: ``(1) Aerial and field surveys for aeronautical charts. ``(2) Other airborne and field surveys when in the best interest of the United States Government. ``(3) Acquiring, owning, operating, maintaining and staffing aircraft in support of surveys. ``(c) Additional 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 is authorized to conduct the following activities: ``(1) Developing, processing, disseminating and publishing of digital and analog data, information, compilations, and reports. ``(2) Compiling, printing, and disseminating aeronautical charts and related products and services of the United States, its Territories, and possessions. ``(3) Compiling, printing and disseminating aeronautical charts and related products and services covering international airspace as are required primarily by United States civil aviation. ``(4) Compiling, printing and disseminating non- aeronautical navigational, transportation or public-safety- related products and services when in the best interests of the United States Government. ``(d) Contract, Cooperative Agreements, Grants, and Other Agreements.-- ``(1) 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) 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. ``(e) Special Services and Products.-- ``(1) 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) 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 United States Government by furthering public safety. ``(f) Sale and Dissemination of Aeronautical Products.-- ``(1) 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) 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) 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) A price established under this paragraph may not include costs attributable to the acquisition of aeronautical data. ``(2) The Administrator shall publish annually the prices at which aeronautical products are sold to the public. ``(3) 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 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) The fees provided for in this subsection are for the purpose of reimbursing the United States 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 adding at the end thereof the following: ``44721. Aeronautical charts and related products and services.''. SEC. 804. 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 National Oceanic and Atmospheric Administration (NOAA) Administrator, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred by this Act; 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, a court of competent jurisdiction, or by operation of law. (b) Continued Effectiveness of Pending Actions.-- (1) The provisions of this Act 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 NOAA Administrator, or any officer thereof with respect to functions transferred by this Act; but such proceedings or applications, to the extent that they relate to functions transferred, shall be continued in accord with transition guidelines promulgated by the Administrator 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, 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 Act had not been enacted. (2) The Secretary of Commerce, the NOAA Administrator, 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 Act. (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 Act, or by or against any officer thereof in the official's capacity, shall abate by reason of the enactment of this Act. Causes of action and actions with respect to a function or office transferred by this Act, 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 Act 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 thereof in the official's capacity, is a party to an action, and under this Act any function relating to the action of such 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 Act 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 thereof, in the exercise of such functions immediately preceding their transfer. (f) Liabilities and Obligations.--The Administrator shall assume all liabilities and obligations (tangible and incorporeal, present and executory) associated with the functions transferred under this Act on the date of transfer, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, financial assistance, and litigation relating to such obligations, regardless whether judgment has been entered, damages awarded, or appeal taken. SEC. 805. NATIONAL OCEAN SURVEY. (a) Section 1 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) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Hydrographic, topographic and other types of field surveys;''; and (2) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4). (b) Section 2 of that Act (33 U.S.C. 883b) is amended-- (1) by striking paragraphs (3) and (5), and redesignating paragraph (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.''. (c) Section 5(1) of that Act (33 U.S.C. 883e(1)) is amended by striking ``cooperative agreements'' and inserting ``cooperative agreements, or any other agreements,''. SEC. 806. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL PRODUCTS BY NOAA. (a) Section 1307 of title 44, United States Code, is amended by striking ``and aeronautical'' and ``or aeronautical'' each place they appear. (b) Section 1307(a)(2)(B) of title 44, United States Code, is amended by striking ``aviation and''. (c) Section 1307(d) of title 44, United States Code, is amended by striking ``aeronautical and''. TITLE IX--MANAGEMENT REFORMS OF THE FEDERAL AVIATION ADMINISTRATION SEC. 901. SHORT TITLE. This title may be cited as the ``Air Traffic Management Improvement Act of 1999''. SEC. 902. AMENDMENTS TO TITLE 49, UNITED STATES CODE. Except as otherwise specifically provided, whenever in this title 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. 903. DEFINITIONS. In this title: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department of Transportation. SEC. 904. FINDINGS. The Congress makes the following findings: (1) The Nation's air transportation system is projected to grow by 3.4 percent per year over the next 12 years. (2) Passenger enplanements are expected to rise to more than 1 billion by 2009, from the current level of 660 million. (3) The aviation industry is one of our Nation's critical industries, providing a means of travel to people throughout the world, and a means of moving cargo around the globe. (4) The ability of all sectors of American society, urban and rural, to access and to compete effectively in the new and dynamic global economy requires the ability of the aviation industry to serve all the Nation's communities effectively and efficiently. (5) The Federal Government's role is to promote a safe and efficient national air transportation system through the management of the air traffic control system and through effective and sufficient investment in aviation infrastructure, including the Nation's airports. (6) Numerous studies and reports, including the National Civil Aviation Review Commission, have concluded that the projected expansion of air service may be constrained by gridlock in our Nation's airways, unless substantial management reforms are initiated for the Federal Aviation Administration. (7) The Federal Aviation Administration is responsible for safely and efficiently managing the National Airspace System 365 days a year, 24 hours a day. (8) The Federal Aviation Administration's ability to efficiently manage the air traffic system in the United States is restricted by antiquated air traffic control equipment. (9) The Congress has previously recognized that the Administrator needs relief from the Federal Government's cumbersome personnel and procurement laws and regulations to take advantage of emerging technologies and to hire and retain effective managers. (10) The ability of the Administrator to achieve greater efficiencies in the management of the air traffic control system requires additional management reforms, such as the ability to offer incentive pay for excellence in the employee workforce. (11) The ability of the Administrator to effectively manage finances is dependent in part on the Federal Aviation Administration's ability to enter into long-term debt and lease financing of facilities and equipment, which in turn is dependent on sustained sound audits and implementation of a cost management program. (12) The Administrator should use the full authority of the Federal Aviation Administration to make organizational changes to improve the efficiency of the air traffic control system, without compromising the Federal Aviation Administration's primary mission of protecting the safety of the travelling public. SEC. 905. AIR TRAFFIC CONTROL SYSTEM DEFINED. Section 40102(a) is amended-- (1) by redesignating paragraphs (5) through (41) as paragraphs (6) through (42), respectively; and (2) by inserting after paragraph (4) the following: ``(5) `air traffic control system' means the combination of elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United States and United States-assigned airspace, including-- ``(A) allocated electromagnetic spectrum and physical, real, personal, and intellectual property assets making up facilities, equipment, and systems employed to detect, track, and guide aircraft movement; ``(B) laws, regulations, orders, directives, agreements, and licenses; ``(C) published procedures that explain required actions, activities, and techniques used to ensure adequate aircraft separation; and ``(D) trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic control.''. SEC. 906. CHIEF OPERATING OFFICER FOR AIR TRAFFIC SERVICES. (a) 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, after consultation with the 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) Compensation.-- ``(i) The Chief Operating Officer shall be paid at an annual rate of basic pay not to exceed that of the Administrator, including any applicable locality-based payment. This basic rate of pay shall subject the chief operating officer to the post-employment provisions of section 207 of title 18 as if this position were described in section 207(c)(2)(A)(i) of that title. ``(ii) In addition to the annual rate of basic pay authorized by paragraph (1) of this subsection, the Chief Operating Officer may receive a bonus not to exceed 50 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 in subsection (b) of this section. A bonus may not cause the Chief Operating Officer's total aggregate compensation in a calendar year to equal or exceed the amount of the President's salary under section 102 of title 3, United States Code. ``(2) Annual performance agreement.--The Administrator and the Chief Operating Officer shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief Operating Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis. ``(3) Annual performance report.--The Chief Operating Officer shall prepare and submit to the Secretary of Transportation and Congress an annual management report containing such information as may be prescribed by the Secretary. ``(4) Responsibilities.--The Administrator may delegate to the Chief Operating Officer, or any other authority within the Federal Aviation Administration responsibilities, including, but not limited to the following: ``(A) Strategic plans.--To develop a strategic plan of the Federal Aviation Administration for the air traffic control system, including the establishment of-- ``(i) a mission and objectives; ``(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity; and ``(iii) annual and long-range strategic plans. ``(iv) methods of the Federal Aviation 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 Federal Aviation 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 Federal Aviation 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 paragraph (4)(A) of this subsection. ``(5) Budget submission.--The Secretary shall submit the budget request prepared under paragraph (4)(D) of this subsection for any fiscal year to the President who shall submit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President's annual budget request for the Federal Aviation Administration for such fiscal year.''. SEC. 907. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL. (a) Membership.--Section 106(p)(2)(C) is amended to read as follows: ``(C) 13 members representing aviation interests, appointed by-- ``(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and ``(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation.''. (b) Terms of Members.--Section 106(p)(6)(A)(i) is amended by striking ``by the President''. (c) Air Traffic Services Subcommittee.--Section 106(p)(6) is amended by adding at the end thereof the following: ``(E) Air traffic services subcommittee.--The Chairman of the Management Advisory Council shall constitute an Air Traffic Services Subcommittee to provide comments, recommend modifications, and provide dissenting views to the Administrator on the performance of air traffic services, including-- ``(i) the performance of the Chief Operating Officer and other senior managers within the air traffic organization of the Federal Aviation Administration; ``(ii) long-range and strategic plans for air traffic services; ``(iii) review the Administrator's selection, evaluation, and compensation of senior executives of the Federal Aviation Administration who have program management responsibility over significant functions of the air traffic control system; ``(iv) review and make recommendations to the Administrator's plans for any major reorganization of the Federal Aviation Administration that would effect the management of the air traffic control system; ``(v) review, and make recommendations to the Administrator's cost allocation system and financial management structure and technologies to help ensure efficient and cost-effective air traffic control operation; ``(vi) review the performance and cooperation of managers responsible for major acquisition projects, including the ability of the managers to meet schedule and budget targets; and ``(vii) other significant actions that the Subcommittee considers appropriate and that are consistent with the implementation of this Act.''. SEC. 908. COMPENSATION OF THE ADMINISTRATOR. Section 106(b) is amended-- (1) by inserting ``(1)'' before ``The''; and (2) by adding at the end the following: ``(2) In addition to the annual rate of pay authorized for the Administrator, the Administrator may receive a bonus not to exceed 50 percent of the annual rate of basic pay, based upon the Secretary's evaluation of the Administrator's performance in relation to the performance goals set forth in a performance agreement. A bonus may not cause the Administrator's total aggregate compensation in a calendar year to equal or exceed the amount of the President's salary under section 102 of title 3, United States Code.''. SEC. 909. NATIONAL AIRSPACE REDESIGN. (a) Findings Relating to the National Airspace.--The Congress makes the following additional findings: (1) The national airspace, comprising more than 29 million square miles, handles more than 55,000 flights per day. (2) Almost 2,000,000 passengers per day traverse the United States through 20 major en route centers including more than 700 different sectors. (3) Redesign and review of the national airspace may produce benefits for the travelling public by increasing the efficiency and capacity of the air traffic control system and reducing delays. (4) Redesign of the national airspace should be a high priority for the Federal Aviation Administration and the air transportation industry. (b) Redesign Report.--The Administrator, with advice from the aviation industry and other interested parties, shall conduct a comprehensive redesign of the national airspace system and shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House 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. The report must be submitted to the Congress no later than December 31, 2000. There are authorized to be appropriated to the Administrator to carry out this section $12,000,000 for fiscal years 2000, 2001, and 2002. SEC. 910. FAA COSTS AND ALLOCATIONS SYSTEM MANAGEMENT. (a) Report on the Cost Allocation System.--No later than July 9, 2000, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House on the cost allocation system currently under development by the Federal Aviation Administration. The report shall include a specific date for completion and implementation of the cost allocation system throughout the agency and shall also include the timetable and plan for the implementation of a cost management system. (b) Independent Assessment.-- (1) In general.--The Inspector General of the Department of Transportation shall conduct the assessments described in this subsection. 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 federal aviation administration 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 Federal Aviation Administration's definition of the services to which the Federal Aviation Administration ultimately attributes its costs. (3) Cost effectiveness.-- (A) In general.--The Inspector General shall assess the progress of the Federal Aviation Administration in cost and performance management, including use of internal and external benchmarking in improving the performance and productivity of the Federal Aviation Administration. (B) Annual reports.--Not later than December 31, 2000, the Inspector General shall transmit to Congress an updated report containing the results of the assessment conducted under this paragraph. (C) Information to be included in federal aviation administration financial report.--The Administrator shall include in the annual financial report of the Federal Aviation Administration information on the performance of the Administration sufficient to permit users and others to make an informed evaluation of the progress of the Administration in increasing productivity. SEC. 911. AIR TRAFFIC MODERNIZATION PILOT PROGRAM. (a) In General.--Chapter 445 is amended by adding at the end thereof the following: ``Sec. 44516. Air traffic modernization joint venture pilot program ``(a) Purpose.--It is the purpose of this section to improve aviation safety and enhance mobility of the Nation's air transportation system by facilitating the use of joint ventures and innovative financing, on a pilot program basis, between the Federal Aviation Administration and industry, to accelerate investment in critical air traffic control facilities and equipment. ``(b) Definitions.--As used in this section: ``(1) Association.--The term `Association' means the Air Traffic Modernization Association established by this section. ``(2) Panel.--The term `panel' means the executive panel of the Air Traffic Modernization Association. ``(3) Obligor.--The term `obligor' means a public airport, an air carrier or foreign air carrier that operates a public airport, or a consortium consisting of 2 or more of such entities. ``(4) Eligible project.--The term `eligible project' means a project relating to the Nation's air traffic control system that promotes safety, efficiency or mobility, and is included in the Airway Capital Investment Plan required by section 44502, including-- ``(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 off-shore flight tracking. ``(5) Substantial completion.--The term `substantial completion' means the date upon which a project becomes available for service. ``(c) Air Traffic Modernization Association.-- ``(1) In general.--There may be established in the District of Columbia a private, not for profit corporation, which shall be known as the Air Traffic Modernization Association, for the purpose of providing assistance to obligors through arranging lease and debt financing of eligible projects. ``(2) Non-federal entity.--The Association shall not be an agency, instrumentality or establishment of the United States Government and shall not be a `wholly-owned Government controlled corporation' as defined in section 9101 of title 31, United States Code. No action under section 1491 of title 28, United States Code, shall be allowable against the United States based on the actions of the Association. ``(3) Executive panel.-- ``(A) The Association shall be under the direction of an executive panel made up of 3 members, as follows-- ``(i) 1 member shall be an employee of the Federal Aviation Administration to be appointed by the Administrator; ``(ii) 1 member shall be a representative of commercial air carriers, to be appointed by the Management Advisory Council; and ``(iii) 1 member shall be a representative of operators of primary airports, to be appointed by the Management Advisory Council. ``(B) The panel shall elect from among its members a chairman who shall serve for a term of 1 year and shall adopt such bylaws, policies, and administrative provisions as are necessary to the functioning of the Association. ``(4) Powers, duties and limitations.--Consistent with sound business techniques and provisions of this chapter, the Association is authorized-- ``(A) to borrow funds and enter into lease arrangements as lessee with other parties relating to the financing of eligible projects, provided that any public debt issuance shall be rated investment grade by a nationally recognized statistical rating organization; ``(B) to lend funds and enter into lease arrangements as lessor with obligors, but-- ``(i) the term of financing offered by the Association shall not exceed the useful life of the eligible project being financed, as estimated by the Administrator; and ``(ii) the aggregate amount of combined debt and lease financing provided under this subsection for air traffic control facilities and equipment-- ``(I) may not exceed $500,000,000 per fiscal year for fiscal years 2000, 2001, and 2002; ``(II) shall be used for not more than 10 projects; and ``(III) may not provide funding in excess of $50,000,000 for any single project; and ``(C) to exercise all other powers that are necessary and proper to carry out the purposes of this section. ``(5) Project selection criteria.--In selecting eligible projects from applicants to be funded under this section, the Association shall consider the following criteria: ``(A) The eligible project's contribution to the national air transportation system, as outlined in the Federal Aviation Administration's modernization plan for alleviating congestion, enhancing mobility, and improving safety. ``(B) The credit-worthiness of the revenue stream pledged by the obligor. ``(C) The extent to which assistance by the Association will enable the obligor to accelerate the date of substantial completion of the project. ``(D) The extent of economic benefit to be derived within the aviation industry, including both public and private sectors. ``(d) Authority To Enter into Joint Venture.-- ``(1) In general.--Subject to the conditions set forth in this section, the Administrator of the Federal Aviation Administration is authorized to enter into a joint venture, on a pilot program basis, with Federal and non-Federal entities to establish the Air Traffic Modernization Association described in subsection (c) for the purpose of acquiring, procuring or utilizing air traffic facilities and equipment in accordance with the Airway Capital Investment Plan. ``(2) Cost sharing.--The Administrator is authorized to make payments to the Association from amounts available under section 4801(a) of this title, provided that the agency's share of an annual payment for a lease or other financing agreement does not exceed the direct or imputed interest portion of each annual payment for an eligible project. The share of the annual payment to be made by an obligor to the lease or other financing agreement shall be in sufficient amount to amortize the asset cost. If the obligor is an airport sponsor, the sponsor may use revenue from a passenger facility fee, provided that such revenue does not exceed 25 cents per enplaned passenger per year. ``(3) Project specifications.--The Administrator shall have the sole authority to approve the specifications, staffing requirements, and operating and maintenance plan for each eligible project, taking into consideration the recommendations of the Air Traffic Services Subcommittee of the Management Advisory Council. ``(e) Incentives for Participation.--An airport sponsor that enters into a lease or financial arrangement financed by the Air Traffic Modernization Association may use its share of the annual payment as a credit toward the non-Federal matching share requirement for any funds made available to the sponsor for airport development projects under chapter 471 of this title. ``(f) United States Not Obligated.--The contribution of Federal funds to the Association pursuant to subsection (d) of this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States by virtue of the contribution. The obligations of the Association do not constitute any commitment, guarantee or obligation of the United States. ``(g) Report to Congress.--Not later than 3 years after establishment of the Association, the Administrator shall provide a comprehensive and detailed report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure on the Association's activities including-- ``(1) an assessment of the Association's effectiveness in accelerating the modernization of the air traffic control system; ``(2) a full description of the projects financed by the Association and an evaluation of the benefits to the aviation community and general public of such investment; and ``(3) recommendations as to whether this pilot program should be expanded or other strategies should be pursued to improve the safety and efficiency of the Nation's air transportation system. ``(h) Authorization.--Not more than the following amounts may be appropriated to the Administrator from amounts made available under section 4801(a) of this title for the agency's share of the organizational and administrative costs for the Air Traffic Modernization Association-- ``(1) $500,000 for fiscal year 2000; ``(2) $500,000 for fiscal year 2001; and ``(3) $500,000 for fiscal year 2002. ``(i) Relationship to Other Authorities.--Nothing in this section is intended to limit or diminish existing authorities of the Administrator to acquire, establish, improve, operate, and maintain air navigation facilities and equipment.''. (b) Conforming Amendments.-- (1) Section 40117(b)(1) is amended by striking ``controls.'' and inserting ``controls, or to finance an eligible project through the Air Traffic Modernization Association in accordance with section 44516 of this title.''. (2) The analysis for chapter 445 is amended by adding at the end the following: ``44516. Air traffic modernization pilot program.''. TITLE X--METROPOLITAN AIRPORTS AUTHORITY IMPROVEMENT ACT SEC. 1001. SHORT TITLE. This title may be cited as the ``Metropolitan Airports Authority Improvement Act''. SEC. 1002. REMOVAL OF LIMITATION. Section 49106(c)(6) of title 49, United States Code, is amended-- (1) by striking subparagraph (C); and (2) by redesignating subparagraph (D) as subparagraph (C). TITLE XI--NOISE ABATEMENT SEC. 1101. GOOD NEIGHBORS POLICY. (a) Public Disclosure of Noise Mitigation Efforts by Air Carriers.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Transportation shall collect and publish information provided by air carriers regarding their operating practices that encourage their pilots to follow the Federal Aviation Administration's operating guidelines on noise abatement. (b) Safety First.--The Secretary shall take such action as is necessary to ensure that noise abatement efforts do not threaten aviation safety. (c) Protection of Proprietary Information.--In publishing information required by this section, the Secretary shall take such action as is necessary to prevent the disclosure of any air carrier's proprietary information. (d) No Mandate.--Nothing in this section shall be construed to mandate, or to permit the Secretary to mandate, the use of noise abatement settings by pilots. SEC. 1102. GAO REVIEW OF AIRCRAFT ENGINE NOISE ASSESSMENT. (a) GAO Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and report to Congress on regulations and activities of the Federal Aviation Administration in the area of aircraft engine noise assessment. The study shall include a review of-- (1) the consistency of noise assessment techniques across different aircraft models and aircraft engines, and with varying weight and thrust settings; and (2) a comparison of testing procedures used for unmodified engines and engines with hush kits or other quieting devices. (b) Recommendations to the FAA.--The Comptroller General's report shall include specific recommendations to the Federal Aviation Administration on new measures that should be implemented to ensure consistent measurement of aircraft engine noise. SEC. 1103. GAO REVIEW OF FAA COMMUNITY NOISE ASSESSMENT. (a) GAO Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and report to Congress on the regulations and activities of the Federal Aviation Administration in the area of noise assessment in communities near airports. The study shall include a review of whether the noise assessment practices of the Federal Aviation Administration fairly and accurately reflect the burden of noise on communities. (b) Recommendations to the FAA.--The Comptroller General's report shall include specific recommendations to the Federal Aviation Administration on new measures to improve the assessment of airport noise in communities near airports. TITLE XII--STUDY TO ENSURE CONSUMER INFORMATION SEC. 1201. SHORT TITLE. This title may be cited as the ``Improved Consumer Access to Travel Information Act''. SEC. 1202. 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) consumer access to information about the products and services of the airline industry; (B) the effect on the marketplace of the emergence of new means of distributing such products and services; (C) the effect on consumers of the declining financial condition of travel agents in the United States; and (D) the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. (2) Policy recommendations.--Based on the results of the study described in paragraph (1), the Commission shall recommend to the President and Congress policies necessary to-- (A) ensure full consumer access to complete information concerning airline fares, routes, and other services; (B) ensure that the means of distributing the products and services of the airline industry, and of disseminating information about such products and services, is adequate to ensure that competitive information is available in the marketplace; (C) ensure that distributors of the products and services of the airline industry have adequate relief from illegal, anticompetitive practices that occur in the marketplace; and (D) foster healthy competition in the airline industry and the entry of new entrants. (c) Specific Matters to be Addressed.--In carrying out the study authorized under subsection (b)(1), the Commission shall specifically address the following: (1) Consumer access to information.--With respect to consumer access to information regarding the services and products offered by the airline industry, the following: (A) The state of such access. (B) The effect in the 5-year period following the date of the study of the making of alliances in the airline industry. (C) Whether and to what degree the trends regarding such access will produce benefits to consumers. (2) Means of distribution.--With respect to the means of distributing the products and services of the airline industry, the following: (A) The state of such means of distribution. (B) The roles played by travel agencies and Internet-based providers of travel information and services in distributing such products and services. (C) Whether the policies of the United States promote the access of consumers to multiple means of distribution. (3) Airline reservation systems.--With respect to airline reservation systems, the following: (A) The rules, regulations, policies, and practices of the industry governing such systems. (B) How trends in such systems will affect consumers, including-- (i) the effect on consumer access to flight reservation information; and (ii) the effect on consumers of the use by the airline industry of penalties and promotions to convince distributors to use such systems, and the degree of consumer awareness of such penalties and promotions. (4) Legal impediments to distributors seeking relief for anticompetitive actions.--The policies of the United States with respect to the legal impediments to distributors seeking relief for anticompetitive actions, including-- (A) Federal preemption of civil actions against airlines; and (B) the role of the Department of Transportation in enforcing rules against anticompetitive practices. (d) Membership.-- (1) Appointment.--The Commission shall be composed of 15 voting members and 11 nonvoting members as follows: (A) 5 voting members and 1 nonvoting member appointed by the President. (B) 3 voting members and 3 nonvoting members appointed by the Speaker of the House of Representatives. (C) 2 voting members and 2 nonvoting members appointed by the Minority Leader of the House of Representatives. (D) 3 voting members and 3 nonvoting members appointed by the Majority Leader of the Senate. (E) 2 voting members and 2 nonvoting members appointed by the Minority Leader of the Senate. (2) Qualifications.--Voting members appointed under paragraph (1) shall be appointed from among individuals who are experts in economics, service product distribution, or transportation, or any related discipline, and who can represent consumers, passengers, shippers, travel agents, airlines, or general aviation. (3) Terms.--Members shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Travel expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Chairperson.--The President, in consultation with the Speaker of the House of Representatives and the Majority Leader of the Senate, shall designate the Chairperson of the Commission (referred to in this title as the ``Chairperson'') from among its voting members. (e) Commission Panels.--The Chairperson shall establish such panels consisting of voting members of the Commission as the Chairperson determines appropriate to carry out the functions of the Commission. (f) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate. (g) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (h) Other Staff and Support.--Upon the request of the Commission, or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with professional and administrative staff and other support, on a reimbursable basis, to assist the Commission or panel in carrying out its responsibilities. (i) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (j) Report.--Not later than 6 months after the date on which initial appointments of members to the Commission are completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under subsection (b)(2). (k) Termination.--The Commission shall terminate on the 30th day following the date of transmittal of the report under subsection (j). All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives. (l) Applicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. TITLE XIII--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT SEC. 1301. 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); (2) by striking the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following: ``(6) $240,000,000 for fiscal year 2000; ``(7) $250,000,000 for fiscal year 2001; and ``(8) $260,000,000 for fiscal year 2002;''. SEC. 1302. 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 striking the period at the end of clause (iv) and inserting in lieu thereof ``; and''; and (C) by adding at the end the following new clause: ``(v) highlight the research and development technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980.''; and (2) in paragraph (3), by inserting ``The report shall be prepared in accordance with requirements of section 1116 of title 31, United States Code.'' after ``effect for the prior fiscal year.''. (b) Requirement.--Not later than March 1, 2000, the Administrator of the National Aeronautics and Space Administration and the Administrator of the Federal Aviation Administration shall jointly prepare and transmit to the Congress an integrated civil aviation research and development plan. (c) Contents.--The plan required by subsection (b) shall include-- (1) an identification of the respective research and development requirements, roles, and responsibilities of the National Aeronautics and Space Administration and the Federal Aviation Administration; (2) formal mechanisms for the timely sharing of information between the National Aeronautics and Space Administration and the Federal Aviation Administration; and (3) procedures for increased communication and coordination between the Federal Aviation Administration research advisory committee established under section 44508 of title 49, United States Code, and the NASA Aeronautics and Space Transportation Technology Advisory Committee. SEC. 1303. INTERNET AVAILABILITY OF INFORMATION. The Administrator of the Federal Aviation Administration 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. 1304. 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. 1305. POST FREE FLIGHT PHASE I ACTIVITIES. No later than May 1, 2000, the Administrator of the Federal Aviation Administration 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. 1306. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS. The Administrator of the Federal Aviation Administration 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 payment research program above safety, security, Flight 21, environment, or energy research programs. SEC. 1307. SENSE OF SENATE REGARDING PROTECTING THE FREQUENCY SPECTRUM USED FOR AVIATION COMMUNICATION. It is the sense of the Senate 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 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. 1308. STUDY. The Secretary shall conduct a study to evaluate the applicability of the techniques used to fund and administer research under the National Highway Cooperative Research Program and the National Transmit Research Program to the research needs of airports. TITLE XIV--AIRLINE CUSTOMER SERVICE COMMITMENT SEC. 1401. AIRLINE CUSTOMER SERVICE REPORTS. (a) Secretary To Report Plans Received.--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 (hereinafter referred to as the ``Airline Customer Service Commitment''), shall provide a copy of its individual customer service plan to the Secretary of Transportation by September 15, 1999. The Secretary, upon receipt of the individual plans, shall report to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Transportation and Infrastructure the receipt of each such plan and transmit a copy of each plan. (b) Implementation.--The Inspector General of the Department of Transportation shall monitor the implementation of any plan submitted to the Secretary under subsection (a) and evaluate the extent to which each such carrier has met its commitments under its plan. Each such 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 the Congress.-- (1) Interim report.--The Inspector General shall submit a report of the Inspector General's findings under subsection (a) to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure by June 15, 2000, that includes a status report on completion, publication, and implementation of the Airline Customer Service Commitment and the individual airline plans to carry it out. The report shall include a review of whether each air carrier 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.--The Inspector General shall submit a final report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure by December 31, 2000, on the effectiveness of the Airline Customer Service Commitment and the individual airline 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-- (i) evaluate each carrier's plan for whether it is consistent with the voluntary commitments established by the Air Transport Association in the Airline Customer Service Commitment; (ii) evaluate each carrier as to the extent to which, and the manner in which, it has performed in carrying out its plan; (iii) identify, by air carrier, how it has implemented each commitment covered by its plan; and (iv) provide an analysis, by air carrier, of the methods of meeting each commitment, and in such analysis provide information that allows consumers to make decisions on the quality of air transportation provided by such carriers. SEC. 1402. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE. The Secretary of Transportation shall initiate a rule making within 30 days after the date of enactment of this Act to increase the domestic baggage liability limit in part 254 of title 14, Code of Federal Regulations. SEC. 1403. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER PROTECTION LAWS. Section 46301(a), as amended by section 407 of this Act, is amended by adding at the end thereof the following: ``(8) Consumer protection.--For a violation of sections 41310 and 41712, any rule or regulation promulgated thereunder, or any other rule or regulation promulgated by the Secretary of Transportation that is intended to afford protection to commercial air transportation consumers, the maximum civil penalty prescribed by subsection (a) may not exceed $2,500 for each violation.''. SEC. 1404. COMPTROLLER GENERAL INVESTIGATION. The Comptroller General of the United States shall study 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. The Comptroller General shall submit a report, based on the study, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure by June 15, 2000. SEC. 1405. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER PROTECTIONS. (a) In General.--Chapter 481 is amended by adding at the end thereof the following: ``Sec. 48112. Consumer protection ``There are authorized to be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 for the purpose of ensuring compliance with, and enforcing, the rights of air travelers under sections 41310 and 41712 of this title-- ``(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.''. (b) Conforming Amendment.--The chapter analysis for chapter 481 is amended by adding at the end thereof the following: ``48112. Consumer protection.''. TITLE XV--PENALTIES FOR UNRULY PASSENGERS SEC. 1501. PENALTIES FOR UNRULY PASSENGERS. (a) In General.--Chapter 463 is amended by adding at the end the following: ``Sec. 46317. 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 table of sections for chapter 463 is amended by adding at the end the following: ``46317. Interference with cabin or flight crew.''. SEC. 1502. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS. (a) Definitions.--In this section: (1) Aircraft.--The term ``aircraft'' has the meaning given that term in section 40102. (2) Air transportation.--The term ``air transportation'' has the meaning given that term in section 40102. (3) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (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 of air transportation; and (B) encourage the participation of law enforcement officers of State and local governments in the program established under subparagraph (A). (2) Consultation.--In establishing the program under paragraph (1), the Attorney General shall consult with appropriate officials of-- (A) the Federal Government (including the Administrator of the Federal Aviation Administration or a designated representative of the Administrator); and (B) State and local governments in any geographic area in which the program may operate. (3) Training and background of law enforcement officers.-- (A) In general.--Under the program established under this subsection, 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 Federal 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 Federal Government established to provide training to law enforcement officers of the Federal 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 established under subsection (b) 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, 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 established under subsection (b) 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 established under subsection (b) shall not-- (A) be considered to be an employee of the Federal Government; or (B) receive compensation from the Federal Government by reason of service as a Deputy United States Marshal in 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 under subsection (b) 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 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. SEC. 1503. STUDY AND REPORT ON AIRCRAFT NOISE. Not later than December 31, 2002, the Secretary of Transportation shall conduct a study and report to Congress on-- (1) airport noise problems in the United States; (2) the status of cooperative consultations and agreements between the Federal Aviation Administration and the International Civil Aviation Organization on stage 4 aircraft noise levels; and (3) the feasibility of proceeding with the development and implementation of a timetable for air carrier compliance with stage 4 aircraft noise requirements. TITLE XVI--AIRLINE COMMISSION SEC. 1601. SHORT TITLE. This title may be cited as the ``Improved Consumer Access to Travel Information Act''. SEC. 1602. 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) consumer access to information about the products and services of the airline industry; (B) the effect on the marketplace of the emergence of new means of distributing such products and services; (C) the effect on consumers of the declining financial condition of travel agents in the United States; and (D) the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. (2) Policy recommendations.--Based on the results of the study described in paragraph (1), the Commission shall recommend to the President and Congress policies necessary to-- (A) ensure full consumer access to complete information concerning airline fares, routes, and other services; (B) ensure that the means of distributing the products and services of the airline industry, and of disseminating information about such products and services, is adequate to ensure that competitive information is available in the marketplace; (C) ensure that distributors of the products and services of the airline industry have adequate relief from illegal, anticompetitive practices that occur in the marketplace; and (D) foster healthy competition in the airline industry and the entry of new entrants. (c) Specific Matters To Be Addressed.--In carrying out the study authorized under subsection (b)(1), the Commission shall specifically address the following: (1) Consumer access to information.--With respect to consumer access to information regarding the services and products offered by the airline industry, the following: (A) The state of such access. (B) The effect in the 5-year period following the date of the study of the making of alliances in the airline industry. (C) Whether and to what degree the trends regarding such access will produce benefits to consumers. (2) Means of distribution.--With respect to the means of distributing the products and services of the airline industry, the following: (A) The state of such means of distribution. (B) The roles played by travel agencies and Internet-based providers of travel information and services in distributing such products and services. (C) Whether the policies of the United States promote the access of consumers to multiple means of distribution. (3) Airline reservation systems.--With respect to airline reservation systems, the following: (A) The rules, regulations, policies, and practices of the industry governing such systems. (B) How trends in such systems will affect consumers, including-- (i) the effect on consumer access to flight reservation information; and (ii) the effect on consumers of the use by the airline industry of penalties and promotions to convince distributors to use such systems, and the degree of consumer awareness of such penalties and promotions. (d) Membership.-- (1) Appointment.--The Commission shall be composed of 15 voting members and 11 nonvoting members as follows: (A) 5 voting members and 1 nonvoting member appointed by the President. (B) 3 voting members and 3 nonvoting members appointed by the Speaker of the House of Representatives. (C) 2 voting members and 2 nonvoting members appointed by the minority leader of the House of Representatives. (D) 3 voting members and 3 nonvoting members appointed by the majority leader of the Senate. (E) 2 voting members and 2 nonvoting members appointed by the minority leader of the Senate (2) Qualifications.--Voting members appointed under paragraph (1) shall be appointed from among individuals who are experts in economics, service product distribution, or transportation, or any related discipline, and who can represent consumers, passengers, shippers, travel agents, airlines, or general aviation. (3) Terms.--Members shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Travel expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Chairperson.--The President, in consultation with the Speaker of the House of Representatives and the majority leader of the Senate, shall designate the Chairperson of the Commission (referred to in this title as the ``Chairperson'') from among its voting members. (e) Commission Panels.--The Chairperson shall establish such panels consisting of voting members of the Commission as the Chairperson determines appropriate to carry out the functions of the Commission. (f) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate. (g) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (h) Other Staff and Support.--Upon the request of the Commission, or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with professional and administrative staff and other support, on a reimbursable basis, to assist the Commission or panel in carrying out its responsibilities. (i) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (j) Report.--Not later than 6 months after the date on which initial appointments of members to the Commission are completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under subsection (b)(2). (k) Termination.--The Commission shall terminate on the 30th day following the date of transmittal of the report under subsection (j). All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives. (l) Applicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. TITLE XVII--TRANSPORTATION OF ANIMALS SEC. 1701. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This title may be cited as the ``Safe Air Travel for Animals Act''. (b) Table of Contents.--The table of contents of this title is as follows: Sec. 1701. Short title; table of contents. Sec. 1702. Findings. Subtitle A--Animal Welfare Sec. 1711. Definition of transport. Sec. 1712. Information on incidence of animals in air transport. Sec. 1713. Reports by carriers on incidents involving animals during air transport. Sec. 1714. Annual reports. Subtitle B--Transportation Sec. 1721. Policies and procedures for transporting animals. Sec. 1722. Civil penalties and compensation for loss, injury, or death of animals during air transport. Sec. 1723. Cargo hold improvements to protect animal health and safety. SEC. 1702. FINDINGS. Congress finds that-- (1) animals are live, sentient creatures, with the ability to feel pain and suffer; (2) it is inappropriate for animals transported by air to be treated as baggage; (3) according to the Air Transport Association, over 500,000 animals are transported by air each year and as many as 5,000 of those animals are lost, injured, or killed; (4) most injuries to animals traveling by airplane are due to mishandling by baggage personnel, severe temperature fluctuations, insufficient oxygen in cargo holds, or damage to kennels; (5) there are no Federal requirements that airlines report incidents of animal loss, injury, or death; (6) members of the public have no information to use in choosing an airline based on its record of safety with regard to transporting animals; (7) the last congressional action on animals transported by air was conducted over 22 years ago; and (8) the conditions of cargo holds of airplanes must be improved to protect the health, and ensure the safety, of transported animals. Subtitle A--Animal Welfare SEC. 1711. DEFINITION OF TRANSPORT. Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following: ``(p) Transport.--The term `transport', when used with respect to the air transport of an animal by a carrier, means the transport of the animal during the period the animal is in the custody of the 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.''. SEC. 1712. INFORMATION ON INCIDENCE OF ANIMALS IN AIR TRANSPORT. Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is amended-- (1) by striking ``Sec. 6. Every'' and inserting the following: ``SEC. 6. REGISTRATION. ``(a) In General.--Each''; and (2) by adding at the end the following: ``(b) Information on Incidence of Animals in Air Transport.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall require each airline carrier to-- ``(1) submit to the Secretary real-time information (as the information becomes available, but at least 24 hours in advance of a departing flight) on each flight that will be carrying a live animal, including-- ``(A) the flight number; ``(B) the arrival and departure points of the flight; ``(C) the date and times of the flight; and ``(D) a description of the number and types of animals aboard the flight; and ``(2) ensure that the flight crew of an aircraft is notified of the number and types of animals, if any, on each flight of the crew.''. SEC. 1713. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING AIR TRANSPORT. Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended by adding at the end the following: ``(e) Reports by Carriers on Incidents Involving Animals During Air Transport.-- ``(1) In general.--An airline carrier that causes, or is otherwise involved in or associated with, an incident involving the loss, injury, death or mishandling of an animal during air transport shall submit a report to the Secretary of Agriculture and the Secretary of Transportation that provides a complete description of the incident. ``(2) Administration.--Not later than 90 days after the date of enactment of this subsection, the Secretary of Agriculture, in consultation with the Secretary of Transportation, shall issue regulations that specify-- ``(A) the type of information that shall be included in a report required under paragraph (1), including-- ``(i) the date and time of an incident; ``(ii) the location and environmental conditions of the incident site; ``(iii) the probable cause of the incident; and ``(iv) the remedial action of the carrier; and ``(B) a mechanism for notifying the public concerning the incident. ``(3) Consumer information.--The Secretary of Transportation shall include information received under paragraph (1) in the Air Travel Consumer Reports and other consumer publications of the Department of Transportation in a separate category of information. ``(4) Consumer complaints.--Not later than 15 days after receiving a consumer complaint concerning the loss, injury, death or mishandling of an animal during air transport, the Secretary of Transportation shall provide a description of the complaint to the Secretary of Agriculture.''. SEC. 1714. ANNUAL REPORTS. Section 25 of the Animal Welfare Act (7 U.S.C. 2155) is amended in the first sentence-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) a summary of-- ``(A) incidents involving the loss, injury, or death of animals transported by airline carriers; and ``(B) consumer complaints regarding the incidents.''. Subtitle B--Transportation SEC. 1721. POLICIES AND PROCEDURES FOR TRANSPORTING ANIMALS. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41716. Policies and procedures for transporting animals ``An air carrier shall establish and include in each contract of carriage under part 253 of title 14, Code of Federal Regulations (or any successor regulation) policies and procedures of the carrier for transporting animals safely, including-- ``(1) training requirements for airline personnel in the proper treatment of animals being transported; ``(2) information on the risks associated with air travel for animals; ``(3) a description of the conditions under which animals are transported; ``(4) the safety record of the carrier with respect to transporting animals; and ``(5) plans for handling animals prior to and after flight, and when there are flight delays or other circumstances that may affect the health or safety of an animal during transport.''. (b) Table of Contents.--The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end of the items relating to subchapter I the following: ``41716. Policies and procedures for transporting animals.''. SEC. 1722. CIVIL PENALTIES AND COMPENSATION FOR LOSS, INJURY, OR DEATH OF ANIMALS DURING AIR TRANSPORT. (a) In General.--Chapter 463 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 46317. Civil penalties and compensation for loss, injury, or death of animals during air transport ``(a) Definitions.--In this section: ``(1) Carrier.--The term `carrier' means a person (including any employee, contractor, or agent of the person) operating an aircraft for the transportation of passengers or property for compensation. ``(2) Transport.--The term `transport', when used with respect to the air transport of an animal by a carrier, means the transport of the animal during the period the animal is in the custody of a 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) Civil Penalties.-- ``(1) In general.--The Secretary may assess a civil penalty of not more than $5,000 for each violation on, or issue a cease and desist order against, any carrier that causes, or is otherwise involved in or associated with, the loss, injury, or death of an animal during air transport. ``(2) Cease and desist orders.--A carrier who knowingly fails to obey a cease and desist order issued by the Secretary under this subsection shall be subject to a civil penalty of $1,500 for each offense. ``(3) Separate offenses.--For purposes of determining the amount of a penalty imposed under this subsection, each violation and each day during which a violation continues shall be a separate offense. ``(4) Factors.--In determining whether to assess a civil penalty under this subsection and the amount of the civil penalty, the Secretary shall consider-- ``(A) the size and financial resources of the business of the carrier; ``(B) the gravity of the violation; ``(C) the good faith of the carrier; and ``(D) any history of previous violations by the carrier. ``(5) Collection of penalties.-- ``(A) In general.--On the failure of a carrier to pay a civil penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which the carrier is found or resides or transacts business, to collect the penalty. ``(B) Penalties.--The court shall have jurisdiction to hear and decide an action brought under subparagraph (A). ``(c) Compensation.--If an animal is lost, injured, or dies in transport by a carrier, unless the carrier proves that the carrier did not cause, and was not otherwise involved in or associated with, the loss, injury, or death of the animal, the owner of the animal shall be entitled to compensation from the carrier in an amount that-- ``(1) is not less than 2 times any limitation established by the carrier for loss or damage to baggage under part 254 of title 14, Code of Federal Regulations (or any successor regulation); and ``(2) includes all veterinary and other related costs that are documented and initiated not later than 1 year after the incident that caused the loss, injury, or death of the animal.''. (b) Table of Contents.--The analysis for chapter 463 of title 49, United States Code, is amended by adding at the end the following: ``46317. Civil penalties and compensation for loss, injury, or death of animals during air transport.''. SEC. 1723. CARGO HOLD IMPROVEMENTS TO PROTECT ANIMAL HEALTH AND SAFETY. (a) In General.--To protect the health and safety of animals in transport, the Secretary of Transportation shall-- (1) in conjunction with requiring certain transport category airplanes used in passenger service to replace class D cargo or baggage compartments with class C cargo or baggage compartments under parts 25, 121, and 135 of title 14, Code of Federal Regulations, to install, to the maximum extent practicable, systems that permit positive airflow and heating and cooling for animals that are present in cargo or baggage compartments; and (2) effective beginning January 1, 2001, prohibit the transport of an animal by any carrier in a cargo or baggage compartment that fails to include a system described in paragraph (1). (b) Report.--Not later than March 31, 2002, the Secretary shall submit a report to Congress that describes actions that have been taken to carry out subsection (a). Attest: Secretary. 106th CONGRESS 1st Session H. R. 1000 _______________________________________________________________________ AMENDMENT HR 1000 EAS----2 HR 1000 EAS----3 HR 1000 EAS----4 HR 1000 EAS----5 HR 1000 EAS----6 HR 1000 EAS----7 HR 1000 EAS----8 HR 1000 EAS----9 HR 1000 EAS----10 HR 1000 EAS----11 HR 1000 EAS----12 HR 1000 EAS----13 HR 1000 EAS----14 HR 1000 EAS----15 HR 1000 EAS----16 HR 1000 EAS----17 HR 1000 EAS----18 HR 1000 EAS----19 HR 1000 EAS----20