[106th Congress Public Law 181]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ181.106]
[[Page 114 STAT. 61]]
Public Law 106-181
106th Congress
An Act
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes. <<NOTE: Apr. 5,
2000 - [H.R. 1000]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century.>> Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 49 USC 40101 note.>> Title.--This Act may be cited
as the ``Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
Sec. 4. Definitions.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Passenger facility fees.
Sec. 106. Funding for aviation programs.
Sec. 107. Adjustment to AIP program funding.
Sec. 108. Reprogramming notification requirement.
Subtitle B--Airport Development
Sec. 121. Runway incursion prevention devices and emergency call boxes.
Sec. 122. Windshear detection equipment and adjustable lighting
extensions.
Sec. 123. Pavement maintenance.
Sec. 124. Enhanced vision technologies.
Sec. 125. Public notice before waiver with respect to land.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Inherently low-emission airport vehicle pilot program.
Sec. 134. Airport security program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.
Sec. 137. Intermodal connections.
Sec. 138. State block grant program.
Sec. 139. Design-build contracting.
Subtitle C--Miscellaneous
Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. Continuation of ILS inventory program.
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Sec. 154. Aircraft noise primarily caused by military aircraft.
Sec. 155. Competition plans.
Sec. 156. Alaska rural aviation improvement.
Sec. 157. Use of recycled materials.
Sec. 158. Construction of runways.
Sec. 159. Notice of grants.
Sec. 160. Airfield pavement conditions.
Sec. 161. Report on efforts to implement capacity enhancements.
Sec. 162. Prioritization of discretionary projects.
Sec. 163. Continuation of reports.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Small Communities
Sec. 201. Policy for air service to rural areas.
Sec. 202. Waiver of local contribution.
Sec. 203. Improved air carrier service to airports not receiving
sufficient service.
Sec. 204. Preservation of essential air service at single carrier
dominated hub
airports.
Sec. 205. Determination of distance from hub airport.
Sec. 206. Report on essential air service.
Sec. 207. Marketing practices.
Sec. 208. Definition of eligible place.
Sec. 209. Maintaining the integrity of the essential air service
program.
Sec. 210. Regional jet service for small communities.
Subtitle B--Airline Customer Service
Sec. 221. Consumer notification of E-ticket expiration dates.
Sec. 222. Increased penalty for violation of aviation consumer
protection laws.
Sec. 223. Funding of enforcement of airline consumer protections.
Sec. 224. Airline customer service reports.
Sec. 225. Increased financial responsibility for lost baggage.
Sec. 226. Comptroller General investigation.
Sec. 227. Airline service quality performance reports.
Sec. 228. National Commission To Ensure Consumer Information and Choice
in the Airline Industry.
Subtitle C--Competition
Sec. 231. Changes in, and phase-out of, slot rules.
TITLE III--FAA MANAGEMENT REFORM
Sec. 301. Air traffic control system defined.
Sec. 302. Air traffic control oversight.
Sec. 303. Chief Operating Officer.
Sec. 304. Pilot program to permit cost-sharing of air traffic
modernization projects.
Sec. 305. Clarification of regulatory approval process.
Sec. 306. Failure to meet rulemaking deadline.
Sec. 307. FAA personnel and acquisition management systems.
Sec. 308. Right to contest adverse personnel actions.
Sec. 309. Independent study of FAA costs and allocations.
Sec. 310. Environmental review of airport improvement projects.
Sec. 311. Cost allocation system.
Sec. 312. Report on modernization of oceanic ATC system.
TITLE IV--FAMILY ASSISTANCE
Sec. 401. Responsibilities of National Transportation Safety Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Death on the high seas.
TITLE V--SAFETY
Sec. 501. Airplane emergency locators.
Sec. 502. Cargo collision avoidance systems deadlines.
Sec. 503. Landfills interfering with air commerce.
Sec. 504. Life-limited aircraft parts.
Sec. 505. Counterfeit aircraft parts.
Sec. 506. Prevention of frauds involving aircraft or space vehicle parts
in interstate or foreign air commerce.
Sec. 507. Transporting of hazardous material.
Sec. 508. Employment investigations and restrictions.
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Sec. 509. Criminal penalty for pilots operating in air transportation
without an
airman's certificate.
Sec. 510. Flight operations quality assurance rules.
Sec. 511. Penalties for unruly passengers.
Sec. 512. Deputizing of State and local law enforcement officers.
Sec. 513. Air transportation oversight system.
Sec. 514. Runway safety areas.
Sec. 515. Precision approach path indicators.
Sec. 516. Aircraft dispatchers.
Sec. 517. Improved training for airframe and powerplant mechanics.
Sec. 518. Small airport certification.
Sec. 519. Protection of employees providing air safety information.
Sec. 520. Occupational injuries of airport workers.
TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY
Sec. 601. Transfer of functions, powers, and duties.
Sec. 602. Transfer of office, personnel and funds.
Sec. 603. Amendment of title 49, United States Code.
Sec. 604. Savings provision.
Sec. 605. National ocean survey.
Sec. 606. Sale and distribution of nautical and aeronautical products by
NOAA.
Sec. 607. Procurement of private enterprise mapping, charting, and
geographic
information systems.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Duties and powers of Administrator.
Sec. 702. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. FAA evaluation of long-term capital leasing.
Sec. 705. Severable services contracts for periods crossing fiscal
years.
Sec. 706. Prohibitions on discrimination.
Sec. 707. Discrimination against handicapped individuals.
Sec. 708. Prohibitions against smoking on scheduled flights.
Sec. 709. Joint venture agreement.
Sec. 710. Reports by carriers on incidents involving animals during air
transport.
Sec. 711. Extension of war risk insurance program.
Sec. 712. General facilities and personnel authority.
Sec. 713. Human factors program.
Sec. 714. Implementation of Article 83 bis of the Chicago Convention.
Sec. 715. Public availability of airmen records.
Sec. 716. Review process for emergency orders.
Sec. 717. Government and industry consortia.
Sec. 718. Passenger manifest.
Sec. 719. Cost recovery for foreign aviation services.
Sec. 720. Technical corrections to civil penalty provisions.
Sec. 721. Waiver under Airport Noise and Capacity Act.
Sec. 722. Land use compliance report.
Sec. 723. Charter airlines.
Sec. 724. Credit for emergency services provided.
Sec. 725. Passenger cabin air quality.
Sec. 726. Standards for aircraft and aircraft engines to reduce noise
levels.
Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration
project.
Sec. 728. Automated surface observation system stations.
Sec. 729. Aircraft situational display data.
Sec. 730. Elimination of backlog of equal employment opportunity
complaints.
Sec. 731. Grant of easement, Los Angeles, California.
Sec. 732. Regulation of Alaska guide pilots.
Sec. 733. National Transportation Data Center of Excellence.
Sec. 734. Aircraft repair and maintenance advisory panel.
Sec. 735. Operations of air taxi industry.
Sec. 736. National airspace redesign.
Sec. 737. Compliance with requirements.
Sec. 738. FAA consideration of certain State proposals.
Sec. 739. Cincinnati-Municipal Blue Ash Airport.
Sec. 740. Authority to sell aircraft and aircraft parts for use in
responding to oil spills.
Sec. 741. Discriminatory practices by computer reservations systems
outside the United States.
Sec. 742. Specialty metals consortium.
Sec. 743. Alkali silica reactivity distress.
Sec. 744. Rolling stock equipment.
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Sec. 745. General Accounting Office airport noise study.
Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona.
Sec. 747. Nonmilitary helicopter noise.
Sec. 748. Newport News, Virginia.
Sec. 749. Authority to waive terms of deed of conveyance, Yavapai
County, Arizona.
Sec. 750. Authority to waive terms of deed of conveyance, Pinal County,
Arizona.
Sec. 751. Conveyance of airport property to an institution of higher
education in Oklahoma.
Sec. 752. Former airfield lands, Grant Parish, Louisiana.
Sec. 753. Raleigh County, West Virginia, Memorial Airport.
Sec. 754. Iditarod area school district.
Sec. 755. Alternative power sources for flight data recorders and
cockpit voice
recorders.
Sec. 756. Terminal automated radar display and information system.
Sec. 757. Streamlining seat and restraint system certification process
and dynamic testing requirements.
Sec. 758. Expressing the sense of the Senate concerning air traffic over
northern Delaware.
Sec. 759. Post Free Flight Phase I activities.
Sec. 760. Sense of the Congress regarding protecting the frequency
spectrum used for aviation communication.
Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base,
Alaska.
Sec. 762. Bilateral relationship.
TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Air tour management plans for national parks.
Sec. 804. Quiet aircraft technology for Grand Canyon.
Sec. 805. Advisory group.
Sec. 806. Prohibition of commercial air tour operations over the Rocky
Mountain National Park.
Sec. 807. Reports.
Sec. 808. Methodologies used to assess air tour noise.
Sec. 809. Alaska exemption.
TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT
Sec. 901. Authorization of appropriations.
Sec. 902. Integrated national aviation research plan.
Sec. 903. Internet availability of information.
Sec. 904. Research on nonstructural aircraft systems.
Sec. 905. Research program to improve airfield pavements.
Sec. 906. Evaluation of research funding techniques.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 1001. Extension of expenditure authority.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. <<NOTE: 49 USC 106 note.>> APPLICABILITY.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years beginning
after September 30, 1999.
SEC. 4. <<NOTE: 49 USC 40102 note.>> DEFINITIONS.
Except as otherwise provided in this Act, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
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TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is amended by
striking ``shall be'' the last place it appears and all that follows and
inserting the following: ``shall be--
``(1) $2,410,000,000 for fiscal year 1999;
``(2) $2,475,000,000 for fiscal year 2000;
``(3) $3,200,000,000 for fiscal year 2001;
``(4) $3,300,000,000 for fiscal year 2002; and
``(5) $3,400,000,000 for fiscal year 2003.
Such sums shall remain available until expended.''.
(b) Obligational Authority.--Section 47104(c) is amended by striking
``After'' and all that follows through ``1999,'' and inserting ``After
September 30, 2003,''.
(c) Reimbursement.--Upon enactment of this Act, amounts for
administration funded by the appropriation for ``Federal Aviation
Administration, Operations'', pursuant to the third proviso under the
heading ``Grants-in-Aid for Airports (Liquidation of Contract
Authorization) (Airport and Airway Trust Fund)'' in the Department of
Transportation and Related Agencies Appropriations Act, 2000, may be
reimbursed from funds limited under such heading.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) General Authorization and Appropriations.--Section 48101(a) is
amended by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) $2,131,000,000 for fiscal year 1999.
``(2) $2,689,000,000 for fiscal year 2000.
``(3) $2,656,765,000 for fiscal year 2001.
``(4) $2,914,000,000 for fiscal year 2002.
``(5) $2,981,022,000 for fiscal year 2003.''.
(b) Universal Access Systems.--Section 48101 is amended by adding at
the end the following:
``(d) Universal Access Systems.--Of the amounts appropriated under
subsection (a) for fiscal year 2001, $8,000,000 may be used for the
voluntary purchase and installation of universal access systems.''.
(c) Alaska National Air Space Communications System.--Section 48101
is further amended by adding at the end the following:
``(e) Alaska National Air Space Communications System.--Of the
amounts appropriated under subsection (a) for fiscal year 2001,
$7,200,000 may be used by the Administrator of the Federal Aviation
Administration for the Alaska National Air Space Interfacility
Communications System if the Administrator issues a report supporting
the use of such funds for the System.''.
(d) Automated Surface Observation System/Automated Weather Observing
System Upgrade.--Section 48101 is further amended by adding at the end
the following:
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``(f ) Automated Surface Observation System/Automated Weather
Observing System Upgrade.--Of the amounts appropriated under subsection
(a) for fiscal years beginning after September 30, 2000, such sums as
may be necessary for the implementation and use of upgrades to the
current automated surface observation system/automated weather observing
system, if the upgrade is successfully demonstrated.''.
(e) Life-Cycle Cost Estimates.--Section 48101 is further amended by
adding at the end the following:
``(g) Life-Cycle Cost Estimates.--The Administrator of the Federal
Aviation Administration shall establish life-cycle cost estimates for
any air traffic control modernization project the total life-cycle costs
of which equal or exceed $50,000,000.''.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k) is amended to read as follows:
``(k) Authorization of Appropriations for Operations.--
``(1) In general.--There is authorized to be appropriated to
the Secretary of Transportation for operations of the
Administration--
``(A) such sums as may be necessary for fiscal year
2000;
``(B) $6,592,235,000 for fiscal year 2001;
``(C) $6,886,000,000 for fiscal year 2002; and
``(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
``(2) Authorized expenditures.--Out of amounts appropriated
under paragraph (1), the following expenditures are authorized:
``(A) $450,000 for each of fiscal years 2000 through
2003 for wildlife hazard mitigation measures and
management of the wildlife strike database of the
Federal Aviation Administration.
``(B) $9,100,000 for the 3-fiscal-year period
beginning with fiscal year 2001 to support a university
consortium established to provide an air safety and
security management certificate program, working
cooperatively with the Federal Aviation Administration
and United States air carriers, except that funds under
this subparagraph--
``(i) may not be used for the construction of
a building or other facility; and
``(ii) may only be awarded on the basis of
open competition.
``(C) Such sums as may be necessary for fiscal years
2000 through 2003 to support infrastructure systems
development for both general aviation and the vertical
flight industry.
``(D) Such sums as may be necessary for fiscal years
2000 through 2003 to establish helicopter approach
procedures using current technologies (such as the
Global Positioning System) to support all-weather,
emergency medical service for trauma patients.
``(E) Such sums as may be necessary for fiscal years
2000 through 2003 to revise existing terminal and en
route procedures and instrument flight rules to
facilitate the takeoff, flight, and landing of tiltrotor
aircraft and to
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improve the national airspace system by separating such
aircraft from congested flight paths of fixed-wing
aircraft.
``(F) $3,300,000 for fiscal year 2000 and $3,000,000
for each of fiscal years 2001 through 2003 to implement
the 1998 airport surface operations safety action plan
of the Federal Aviation Administration.
``(G) $9,100,000 for fiscal year 2001 to support air
safety efforts through payment of United States
membership obligations in the International Civil
Aviation Organization, to be paid as soon as
practicable.
``(H) Such sums as may be necessary for fiscal years
2000 through 2003 for the Secretary to hire additional
inspectors in order to enhance air cargo security
programs.
``(I) Such sums as may be necessary for fiscal years
2000 through 2003 to develop and improve training
programs (including model training programs and
curriculum) for security screening personnel at airports
that will be used by airlines to meet regulatory
requirements relating to the training and testing of
such personnel.''.
(b) Office <<NOTE: 49 USC 111 note.>> of Airline Information.--There
is authorized to be appropriated from the Airport and Airway Trust Fund
to the Secretary $4,000,000 for fiscal years beginning after September
30, 2000, to fund the activities of the Office of Airline Information in
the Bureau of Transportation Statistics of the Department of
Transportation.
SEC. 104. AIP FORMULA CHANGES.
(a) Amounts Apportioned to Sponsors.--
(1) Amounts to be apportioned.--Section 47114(c)(1) is
amended--
(A) in subparagraph (B) by striking ``$500,000'' and
inserting ``$650,000''; and
(B) by adding at the end the following:
``(C) Special rule.--In any fiscal year in which the
total amount made available under section 48103 is
$3,200,000,000 or more--
``(i) the amount to be apportioned to a
sponsor under subparagraph (A) shall be increased
by doubling the amount that would otherwise be
apportioned;
``(ii) the minimum apportionment to a sponsor
under subparagraph (B) shall be $1,000,000 rather
than $650,000; and
``(iii) the maximum apportionment to a sponsor
under subparagraph (B) shall be $26,000,000 rather
than $22,000,000.
``(D) New airports.--Notwithstanding subparagraph
(A), the Secretary shall apportion on the first day of
the first fiscal year following the official opening of
a new airport with scheduled passenger air
transportation an amount equal to the minimum amount set
forth in subparagraph (B) or (C), as appropriate, to the
sponsor of such airport.
``(E) Use of previous fiscal year's apportionment.--
Notwithstanding subparagraph (A), the Secretary may
apportion to an airport sponsor in a fiscal year an
amount equal to the amount apportioned to that sponsor
in the previous fiscal year if the Secretary finds
that--
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``(i) passenger boardings at the airport fell
below 10,000 in the calendar year used to
calculate the apportionment;
``(ii) the airport had at least 10,000
passenger boardings in the calendar year prior to
the calendar year used to calculate apportionments
to airport sponsors in a fiscal year; and
``(iii) the cause of the shortfall in
passenger boardings was a temporary but
significant interruption in service by an air
carrier to that airport due to an employment
action, natural disaster, or other event unrelated
to the demand for air transportation at the
affected airport.''.
(2) Conforming amendments.--Section 47114(c)(1) is amended--
(A) by striking ``(1)(A) The Secretary'' and
inserting the following:
``(1) Primary airports.--
``(A) Apportionment.--The Secretary'';
(B) in subparagraph (B) by striking ``(B) Not less''
and inserting the following:
``(B) Minimum and maximum apportionments.--Not
less''; and
(C) by aligning the left margin of subparagraph (A)
(including clauses (i) through (v)) and subparagraph (B)
with subparagraphs (C) and (D) (as added by paragraph
(1)(B) of this subsection).
(b) Cargo Only Airports.--Section 47114(c)(2) is amended--
(1) in subparagraph (A) by striking ``2.5 percent'' and
inserting ``3 percent''; and
(2) in subparagraph (C) by striking ``Not more than'' and
inserting ``In any fiscal year in which the total amount made
available under section 48103 is less than $3,200,000,000, not
more than''.
(c) Entitlement for General Aviation Airports.--Section 47114(d) is
amended to read as follows:
``(d) Amounts Apportioned for General Aviation Airports.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Area.--The term `area' includes land and
water.
``(B) Population.--The term `population' means the
population stated in the latest decennial census of the
United States.
``(2) Apportionment.--Except as provided in paragraph (3),
the Secretary shall apportion to the States 18.5 percent of the
amount subject to apportionment for each fiscal year as follows:
``(A) 0.66 percent of the apportioned amount to
Guam, American Samoa, the Northern Mariana Islands, and
the Virgin Islands.
``(B) Except as provided in paragraph (4), 49.67
percent of the apportioned amount for airports,
excluding primary airports but including reliever and
nonprimary commercial service airports, in States not
named in subparagraph (A) in the proportion that the
population of each of those States bears to the total
population of all of those States.
[[Page 114 STAT. 69]]
``(C) Except as provided in paragraph (4), 49.67
percent of the apportioned amount for airports,
excluding primary airports but including reliever and
nonprimary commercial service airports, in States not
named in subparagraph (A) in the proportion that the
area of each of those States bears to the total area of
all of those States.
``(3) Special rule.--In any fiscal year in which the total
amount made available under section 48103 is $3,200,000,000 or
more, rather than making an apportionment under paragraph (2),
the Secretary shall apportion 20 percent of the amount subject
to apportionment for each fiscal year as follows:
``(A) To each airport, excluding primary airports
but including reliever and nonprimary commercial service
airports, in States the lesser of--
``(i) $150,000; or
``(ii) \1/5\ of the most recently published
estimate of the 5-year costs for airport
improvement for the airport, as listed in the
national plan of integrated airport systems
developed by the Federal Aviation Administration
under section 47103.
``(B) Any remaining amount to States as follows:
``(i) 0.62 percent of the remaining amount to
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands.
``(ii) Except as provided in paragraph (4),
49.69 percent of the remaining amount for
airports, excluding primary airports but including
reliever and nonprimary commercial service
airports, in States not named in clause (i) in the
proportion that the population of each of those
States bears to the total population of all of
those States.
``(iii) Except as provided in paragraph (4),
49.69 percent of the remaining amount for
airports, excluding primary airports but including
reliever and nonprimary commercial service
airports, in States not named in clause (i) in the
proportion that the area of each of those States
bears to the total area of all of those States.
``(4) Airports in alaska, puerto rico, and hawaii.--An
amount apportioned under paragraph (2) or (3) to Alaska, Puerto
Rico, or Hawaii for airports in such State may be made available
by the Secretary for any public airport in those respective
jurisdictions.
``(5) Use of state highway specifications.--
``(A) In general.--The Secretary may permit the use
of State highway specifications for airfield pavement
construction using funds made available under this
subsection at nonprimary airports with runways of 5,000
feet or shorter serving aircraft that do not exceed
60,000 pounds gross weight if the Secretary determines
that--
``(i) safety will not be negatively affected;
and
``(ii) the life of the pavement will not be
shorter than it would be if constructed using
Administration standards.
``(B) Limitation.--An airport may not seek funds
under this subchapter for runway rehabilitation or
reconstruction
[[Page 114 STAT. 70]]
of any such airfield pavement constructed using State
highway specifications for a period of 10 years after
construction is completed unless the Secretary
determines that the rehabilitation or reconstruction is
required for safety reasons.
``(6) Integrated airport system planning.--Notwithstanding
any other provision of this subsection, funds made available
under this subsection may be used for integrated airport system
planning that encompasses one or more primary airports.''.
(d) Supplemental Apportionment for Alaska.--Section 47114(e) is
amended--
(1) in the subsection heading by striking ``Alternative''
and inserting ``Supplemental'';
(2) in paragraph (1)--
(A) by striking ``Instead of apportioning amounts
for airports in Alaska under'' and inserting ``In
general.--Notwithstanding''; and
(B) by striking ``those airports'' and inserting
``airports in Alaska'';
(3) in paragraph (2) by inserting ``Authority for
discretionary grants.--'' before ``This subsection'';
(4) by striking paragraph (3) and inserting the following:
``(3) Airports eligible for funds.--An amount apportioned
under this subsection may be used for any public airport in
Alaska.
``(4) Special rule.--In any fiscal year in which the total
amount made available under section 48103 is $3,200,000,000 or
more, the amount that may be apportioned for airports in Alaska
under paragraph (1) shall be increased by doubling the amount
that would otherwise be apportioned.''; and
(5) by indenting paragraph (1) and aligning paragraph (1)
(and its subparagraphs) and paragraph (2) with paragraphs (3)
and (4) (as added by paragraph (4) of this subsection).
(e) Grants for Airport Noise Compatibility Planning.--Section
47117(e)(1)(A) is amended by striking ``31 percent'' each place it
appears and inserting ``34 percent''.
(f ) Grants for Reliever Airports.--Section 47117(e)(1) is amended
by adding at the end the following:
``(C) In any fiscal year in which the total amount made
available under section 48103 is $3,200,000,000 or more, at
least two-thirds of 1 percent for grants to sponsors of reliever
airports which have--
``(i) more than 75,000 annual operations;
``(ii) a runway with a minimum usable landing
distance of 5,000 feet;
``(iii) a precision instrument landing procedure;
``(iv) a minimum number of aircraft, to be
determined by the Secretary, based at the airport; and
``(v) been designated by the Secretary as a reliever
airport to an airport with 20,000 hours of annual delays
in commercial passenger aircraft takeoffs and
landings.''.
(g) Repeal of Apportionment Limitation on Commercial Service
Airports in Alaska.--Section 47117 is amended by striking subsection (f
) and by redesignating subsections (g) and (h) as subsections (f ) and
(g), respectively.
[[Page 114 STAT. 71]]
SEC. 105. PASSENGER FACILITY FEES.
(a) Authority To Impose Higher Fee.--Section 40117(b) is amended by
adding at the end the following:
``(4) In lieu of authorizing a fee under paragraph (1), the
Secretary may authorize under this section an eligible agency to impose
a passenger facility fee of $4.00 or $4.50 on each paying passenger of
an air carrier or foreign air carrier boarding an aircraft at an airport
the agency controls to finance an eligible airport-related project,
including making payments for debt service on indebtedness incurred to
carry out the project, if the Secretary finds--
``(A) in the case of an airport that has more than .25
percent of the total number of annual boardings in the United
States, that the project will make a significant contribution to
improving air safety and security, increasing competition among
air carriers, reducing current or anticipated congestion, or
reducing the impact of aviation noise on people living near the
airport; and
``(B) that the project cannot be paid for from funds
reasonably expected to be available for the programs referred to
in section 48103.''.
(b) Limitation on Approval of Certain Applications.--
Section 40117(d) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of an application to impose a fee of more
than $3.00 for an eligible surface transportation or terminal
project, the agency has made adequate provision for financing
the airside needs of the airport, including runways, taxiways,
aprons, and aircraft gates.''.
(c) Reducing Apportionments.--Section 47114(f ) is amended--
(1) by striking ``An amount'' and inserting ``(1) In
general.--Subject to paragraph (3), an amount'';
(2) by striking ``an amount equal to'' and all that follows
through the period at the end and inserting the following: ``an
amount equal to--
``(A) in the case of a fee of $3.00 or less, 50
percent of the projected revenues from the fee in the
fiscal year but not by more than 50 percent of the
amount that otherwise would be apportioned under this
section; and
``(B) in the case of a fee of more than $3.00, 75
percent of the projected revenues from the fee in the
fiscal year but not by more than 75 percent of the
amount that otherwise would be apportioned under this
section.'';
(3) by adding at the end the following:
``(2) Effective date of reduction.--A reduction in an
apportionment required by paragraph (1) shall not take effect
until the first fiscal year following the year in which the
collection of the fee imposed under section 40117 is begun.
``(3) Special rule for transitioning airorts.--
``(A) In general.--Beginning with the fiscal year
following the first calendar year in which the sponsor
of an airport has more than .25 percent of the total
number of boardings in the United States, the sum of the
amount
[[Page 114 STAT. 72]]
that would be apportioned under this section after
application of paragraph (1) in a fiscal year to such
sponsor and the projected revenues to be derived from
the fee in such fiscal year shall not be less than the
sum of the apportionment to such airport for the
preceding fiscal year and the revenues derived from such
fee in the preceding fiscal year.
``(B) Effective period.--Subparagraph (A) shall be
in effect for fiscal years 2000 through 2003.''; and
(4) by aligning paragraph (1) of such section (as designated
by paragraph (1) of this section) with paragraph (2) of such
section (as added by paragraph (3) of this section).
SEC. 106. <<NOTE: 49 USC 48101 note.>> FUNDING FOR AVIATION PROGRAMS.
(a) Authorization of Appropriations.--
(1) Airport and airway trust fund guarantee.--
(A) In general.--The total budget resources made
available from the Airport and Airway Trust Fund each
fiscal year through fiscal year 2003 pursuant to
sections 48101, 48102, 48103, and 106(k) of title 49,
United States Code, shall be equal to the level of
receipts plus interest credited to the Airport and
Airway Trust Fund for that fiscal year. Such amounts may
be used only for aviation investment programs listed in
subsection (b).
(B) Guarantee.--No funds may be appropriated or
limited for aviation investment programs listed in
subsection (b) unless the amount described in
subparagraph (A) has been provided.
(2) Additional authorizations of appropriations from the
general fund.--In any fiscal year through fiscal year 2003, if
the amount described in paragraph (1) is appropriated, there is
further authorized to be appropriated from the general fund of
the Treasury such sums as may be necessary for the Federal
Aviation Administration Operations account.
(b) Definitions.--In this section, the following definitions apply:
(1) Total budget resources.--The term ``total budget
resources'' means the total amount made available from the
Airport and Airway Trust Fund for the sum of obligation
limitations and budget authority made available for a fiscal
year for the following budget accounts that are subject to the
obligation limitation on contract authority provided in this Act
and for which appropriations are provided pursuant to
authorizations contained in this Act:
(A) 69-8106-0-7-402 (Grants in Aid for Airports).
(B) 69-8107-0-7-402 (Facilities and Equipment).
(C) 69-8108-0-7-402 (Research and Development).
(D) 69-8104-0-7-402 (Trust Fund Share of
Operations).
(2) Level of receipts plus interest.--The term ``level of
receipts plus interest'' means the level of excise taxes and
interest credited to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 for a fiscal
year as set forth in the President's budget baseline projection
as defined in section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177) (Treasury
[[Page 114 STAT. 73]]
identification code 20-8103-0-7-402) for that fiscal year
submitted pursuant to section 1105 of title 31, United States
Code.
(c) Enforcement of Guarantees.--
(1) Total airport and airway trust fund funding.--It shall
not be in order in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, motion, or
conference report that would cause total budget resources in a
fiscal year for aviation investment programs described in
subsection (b) to be less than the amount required by subsection
(a)(1)(A) for such fiscal year.
(2) Capital priority.--It shall not be in order in the House
of Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report that
provides an appropriation (or any amendment thereto) for any
fiscal year through fiscal year 2003 for Research and
Development or Operations if the sum of the obligation
limitation for Grants-in-Aid for Airports and the appropriation
for Facilities and Equipment for such fiscal year is below the
sum of the authorized levels for Grants-in-Aid for Airports and
for Facilities and Equipment for such fiscal year.
(d) Conforming Amendment.--Section 48104 is amended--
(1) by striking ``Except as provided in this section,'' in
subsection (a); and
(2) by striking subsections (b) and (c).
SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING.
(a) In General.--Chapter 481 is amended by adding at the end the
following:
``Sec. 48112. Adjustment to AIP program funding
``On the effective date of a general appropriations Act providing
appropriations for a fiscal year beginning after September 30, 2000, for
the Federal Aviation Administration, the amount made available for a
fiscal year under section 48103 shall be increased by the amount, if
any, by which--
``(1) the amount authorized to be appropriated under section
48101 for such fiscal year; exceeds
``(2) the amounts appropriated for programs funded under
such section for such fiscal year.
Any contract authority made available by this section shall be subject
to an obligation limitation.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``48112. Adjustment to AIP program funding.''.
SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT.
(a) In General.--Chapter 481 is further amended by adding at the end
the following:
``Sec. 48113. Reprogramming notification requirement
``Before reprogramming any amounts appropriated under section
106(k), 48101(a), or 48103, for which notification of the Committees on
Appropriations of the Senate and the House of Representatives is
required, the Secretary of Transportation shall transmit a written
explanation of the proposed reprogramming to the Committee on Commerce,
Science, and Transportation of the Senate
[[Page 114 STAT. 74]]
and the Committee on Transportation and Infrastructure of the House of
Representatives.''.
(b) Conforming Amendment.--The analysis for chapter 481 is amended
by adding at the end the following:
``48113. Reprogramming notification requirement.''.
Subtitle B--Airport Development
SEC. 121. RUNWAY INCURSION PREVENTION DEVICES AND EMERGENCY CALL BOXES.
(a) Policy.--Section 47101(a)(11) is amended by inserting
``(including integrated in-pavement lighting systems for runways and
taxiways and other runway and taxiway incursion prevention devices)''
after ``technology'' the first place it appears.
(b) Maximum Use of Safety Facilities.--Section 47101(f ) is
amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) runway and taxiway incursion prevention devices,
including integrated in-pavement lighting systems for runways
and taxiways.''.
(c) Inclusion of Universal Access Systems and Emergency Call Boxes
as Airport Development.--Section 47102(3)(B) is amended--
(1) in clause (ii)--
(A) by striking ``and universal access systems,''
and inserting ``, universal access systems, and
emergency call boxes,''; and
(B) by inserting ``and integrated in-pavement
lighting systems for runways and taxiways and other
runway and taxiway incursion prevention devices'' before
the semicolon at the end; and
(2) by inserting before the semicolon at the end of clause
(iii) the following: ``, including closed circuit weather
surveillance equipment if the airport is located in Alaska''.
SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE LIGHTING
EXTENSIONS.
Section 47102(3)(B) is amended--
(1) by striking ``and'' at the end of clause (v);
(2) by striking the period at the end of clause (vi) and
inserting a semicolon; and
(3) by adding at the end the following:
``(vii) windshear detection equipment that is
certified by the Administrator of the Federal
Aviation Administration;
``(viii) stainless steel adjustable lighting
extensions approved by the Administrator; and''.
SEC. 123. PAVEMENT MAINTENANCE.
(a) Repeal of Pilot Program.--
(1) In general.--Section 47132 is repealed.
(2) Conforming amendment.--The analysis for chapter 471 is
amended by striking the item relating to section 47132.
[[Page 114 STAT. 75]]
(b) Eligibility as Airport Development.--Section 47102(3) is amended
by adding at the end the following:
``(H) routine work to preserve and extend the useful
life of runways, taxiways, and aprons at airports that
are not primary airports, under guidelines issued by the
Administrator of the Federal Aviation Administration.''.
SEC. 124. <<NOTE: 49 USC 44502 note. Deadlines.>> ENHANCED VISION
TECHNOLOGIES.
(a) Study.--The <<NOTE: Contracts.>> Administrator shall enter into
a cooperative research and development agreement to study the benefits
of utilizing enhanced vision technologies to replace, enhance, or add to
conventional airport approach and runway lighting systems.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Administrator shall transmit to Congress a progress
report on the work accomplished under the cooperative agreements
detailing the evaluations performed to determine the potential of
enhanced vision technology to meet the operational requirements of the
intended application.
(c) Certification.--Not later than 180 days after the conclusion of
work under the research agreements, the Administrator shall transmit to
Congress a report on the potential of enhanced vision technology to
satisfy the operational requirements of the Federal Aviation
Administration and a schedule for the development of performance
standards for certification appropriate to the application of the
enhanced vision technologies. If the Administrator certifies an enhanced
vision technology as meeting such performance standards, the technology
shall be treated as a navigation aid or other aid for purposes of
section 47102(3)(B)(i) of title 49, United States Code.
SEC. 125. PUBLIC NOTICE BEFORE WAIVER WITH RESPECT TO LAND.
(a) Waiver of Grant Assurance.--Section 47107(h) is amended to read
as follows:
``(h) Modifying Assurances and Requiring Compliance With Additional
Assurances.--
``(1) In general.--Subject to paragraph (2), before
modifying an assurance required of a person receiving a grant
under this subchapter and in effect after December 29, 1987, or
to require compliance with an additional assurance from the
person, the Secretary of Transportation must--
``(A) <<NOTE: Federal Register,
publication.>> publish notice of the proposed
modification in the Federal Register; and
``(B) provide an opportunity for comment on the
proposal.
``(2) Public notice before waiver of aeronautical land-use
assurance.--Before <<NOTE: Deadline.>> modifying an assurance
under subsection (c)(2)(B) that requires any property to be used
for an aeronautical purpose, the Secretary must provide notice
to the public not less than 30 days before making such
modification.''.
(b) Waiver <<NOTE: Deadline.>> of Condition on Conveyance of Land.--
Section 47125(a) is amended by adding at the end the following: ``Before
waiving a condition that property be used for an aeronautical purpose
under the preceding sentence, the Secretary must provide notice to the
public not less than 30 days before waiving such condition.''.
(c) Surplus Property.--Section 47151 is amended by adding at the end
the following:
[[Page 114 STAT. 76]]
``(d) Waiver <<NOTE: Deadline.>> of Condition.--Before the Secretary
may waive any condition imposed on an interest in surplus property
conveyed under subsection (a) that such interest be used for an
aeronautical purpose, the Secretary must provide notice to the public
not less than 30 days before waiving such condition.''.
(d) Waiver of Certain Term.--Section 47153 is amended by adding at
the end the following:
``(c) Public <<NOTE: Deadline.>> Notice Before Waiver.--
Notwithstanding subsections (a) and (b), before the Secretary may waive
any term imposed under this section that an interest in land be used for
an aeronautical purpose, the Secretary must provide notice to the public
not less than 30 days before waiving such term.''.
(e) Limitation.--Nothing <<NOTE: 49 USC 47107 note.>> in any
amendment made by this section shall be construed to authorize the
Secretary to issue a waiver or make a modification referred to in such
amendment.
SEC. 126. MATCHING SHARE.
Section 47109(a) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) not more than 90 percent for a project funded by a
grant issued to and administered by a State under section 47128,
relating to the State block grant program;''.
SEC. 127. LETTERS OF INTENT.
Section 47110(e) is amended--
(1) by striking paragraph (2)(C) and inserting the
following:
``(C) that meets the criteria of section 47115(d) and, if
for a project at a commercial service airport having at least
0.25 percent of the boardings each year at all such airports,
the Secretary decides will enhance system-wide airport capacity
significantly.''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Letters of intent.--The Secretary may not require an eligible
agency to impose a passenger facility fee under section 40117 in order
to obtain a letter of intent under this section.''.
SEC. 128. GRANTS FROM SMALL AIRPORT FUND.
(a) Set-Aside for Meeting Safety Terms in Airport Operating
Certificates.--Section 47116 is amended by adding at the end the
following:
``(e) Set-Aside for Meeting Safety Terms in Airport Operating
Certificates.--In the first fiscal year beginning after the effective
date of regulations issued to carry out section 44706(b) with respect to
airports described in section 44706(a)(2), and in each of the next 4
fiscal years, the lesser of $15,000,000 or 20 percent of the amounts
that would otherwise be distributed to sponsors of airports under
subsection (b)(2) shall be used to assist the airports in meeting the
terms established by the regulations. If the Secretary publishes in the
Federal Register a finding that all the terms established by the
regulations have been met, this subsection shall cease to be effective
as of the date of such publication.''.
(b) Notification of Source of Grant.--Section 47116 is further
amended by adding at the end the following:
``(f ) Notification of Source of Grant.--Whenever the Secretary
makes a grant under this section, the Secretary shall notify
[[Page 114 STAT. 77]]
the recipient of the grant, in writing, that the source of the grant is
from the small airport fund.''.
(c) Technical Amendments.--Section 47116(d) is amended--
(1) by striking ``In making'' and inserting the following:
``(1) Construction of new runways.--In making'';
(2) by adding at the end the following:
``(2) Airport development for turbine powered aircraft.--In
making grants to sponsors described in subsection (b)(1), the
Secretary shall give priority consideration to airport
development projects to support operations by turbine powered
aircraft if the non-Federal share of the project is at least 40
percent.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.
Section 47117(f ) (as redesignated by section 104(g) of this Act) is
amended to read as follows:
``(f ) Discretionary Use of Apportionments.--
``(1) In general.--Subject to paragraph (2), if the
Secretary finds that all or part of an amount of an
apportionment under section 47114 is not required during a
fiscal year to fund a grant for which the apportionment may be
used, the Secretary may use during such fiscal year the amount
not so required to make grants for any purpose for which grants
may be made under section 48103. The finding may be based on the
notifications that the Secretary receives under section 47105(f
) or on other information received from airport sponsors.
``(2) Restoration of apportionments.--
``(A) In general.--If the fiscal year for which a
finding is made under paragraph (1) with respect to an
apportionment is not the last fiscal year of
availability of the apportionment under subsection (b),
the Secretary shall restore to the apportionment an
amount equal to the amount of the apportionment used
under paragraph (1) for a discretionary grant whenever a
sufficient amount is made available under section 48103.
``(B) Period of availability.--If restoration under
this paragraph is made in the fiscal year for which the
finding is made or the succeeding fiscal year, the
amount restored shall be subject to the original period
of availability of the apportionment under subsection
(b). If the restoration is made thereafter, the amount
restored shall remain available in accordance with
subsection (b) for the original period of availability
of the apportionment plus the number of fiscal years
during which a sufficient amount was not available for
the restoration.
``(3) Newly available amounts.--
``(A) Restored amounts to be unavailable for
discretionary grants.--Of an amount newly available
under section 48103 of this title, an amount equal to
the amounts restored under paragraph (2) shall not be
available for discretionary grant obligations under
section 47115.
``(B) Use of remaining amounts.--Subparagraph (A)
does not impair the Secretary's authority under
paragraph
[[Page 114 STAT. 78]]
(1), after a restoration under paragraph (2), to apply
all or part of a restored amount that is not required to
fund a grant under an apportionment to fund
discretionary grants.
``(4) Limitations on obligations apply.--Nothing in this
subsection shall be construed to authorize the Secretary to
incur grant obligations under section 47104 for a fiscal year in
an amount greater than the amount made available under section
48103 for such obligations for such fiscal year.''.
SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) In General.--Section 47118 is amended--
(1) in subsection (a)--
(A) by striking ``12'' and inserting ``15''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) the airport is a military installation with both military
and civil aircraft operations.'';
(2) by striking subsection (c) and inserting the following:
``(c) Considerations.--In carrying out this section, the Secretary
shall consider only current or former military airports for designation
under this section if a grant under section 47117(e)(1)(B) would--
``(1) reduce delays at an airport with more than 20,000
hours of annual delays in commercial passenger aircraft takeoffs
and landings; or
``(2) enhance airport and air traffic control system
capacity in a metropolitan area or reduce current and projected
flight delays.'';
(3) in subsection (d)--
(A) by striking ``47117(e)(1)(E)'' and inserting
``47117(e)(1)(B)'';
(B) by striking ``5-fiscal-year periods'' and
inserting ``periods, each not to exceed 5 fiscal
years,''; and
(C) by striking ``each such subsequent 5-fiscal-year
period'' and inserting ``each such subsequent period'';
and
(4) by adding at the end the following:
``(g) Designation of General Aviation Airport.--Notwithstanding any
other provision of this section, one of the airports bearing a
designation under subsection (a) may be a general aviation airport that
was a former military installation closed or realigned under a section
referred to in subsection (a)(1).''.
(b) Terminal Building Facilities.--Section 47118(e) is amended by
striking ``$5,000,000'' and inserting ``$7,000,000''.
(c) Eligibility of Air Cargo Terminals.--Section 47118(f ) is
amended--
(1) in subsection heading by striking ``and Hangars'' and
inserting ``Hangars, and Air Cargo Terminals'';
(2) by striking ``$4,000,000'' and inserting ``$7,000,000'';
and
(3) by inserting after ``hangars'' the following: ``and air
cargo terminals of an area that is 50,000 square feet or less''.
SEC. 131. CONTRACT TOWER COST-SHARING.
Section 47124(b) is amended by adding at the end the following:
``(3) Contract air traffic control tower pilot program.--
``(A) In general.--The Secretary shall establish a
pilot program to contract for air traffic control
services at Level
[[Page 114 STAT. 79]]
I air traffic control towers, as defined by the
Secretary, that do not qualify for the contract tower
program established under subsection (a) and continued
under paragraph (1) (in this paragraph referred to as
the `Contract Tower Program').
``(B) Program components.--In carrying out the pilot
program, the Secretary shall--
``(i) utilize for purposes of cost-benefit
analyses, current, actual, site-specific data,
forecast estimates, or airport master plan data
provided by a facility owner or operator and
verified by the Secretary; and
``(ii) approve for participation only
facilities willing to fund a pro rata share of the
operating costs of the air traffic control tower
to achieve a 1-to-1 benefit-to-cost ratio using
actual site-specific contract tower operating
costs in any case in which there is an operating
air traffic control tower, as required for
eligibility under the Contract Tower Program.
``(C) Priority.--In selecting facilities to
participate in the pilot program, the Secretary shall
give priority to the following facilities:
``(i) Air traffic control towers that are
participating in the Contract Tower Program but
have been notified that they will be terminated
from such program because the Secretary has
determined that the benefit-to-cost ratio for
their continuation in such program is less than
1.0.
``(ii) Air traffic control towers that the
Secretary determines have a benefit-to-cost ratio
of at least .50.
``(iii) Air traffic control towers of the
Federal Aviation Administration that are closed as
a result of the air traffic controllers strike in
1981.
``(iv) Air traffic control towers located at
airports or points at which an air carrier is
receiving compensation under the essential air
service program under this chapter.
``(v) Air traffic control towers located at
airports that are prepared to assume partial
responsibility for maintenance costs.
``(vi) Air traffic control towers located at
airports with safety or operational problems
related to topography, weather, runway
configuration, or mix of aircraft.
``(vii) Air traffic control towers located at
an airport at which the community has been
operating the tower at its own expense.
``(D) Costs exceeding benefits.--If the costs of
operating an air traffic tower under the pilot program
exceed the benefits, the airport sponsor or State or
local government having jurisdiction over the airport
shall pay the portion of the costs that exceed such
benefit.
``(E) Funding.--Subject to paragraph (4)(D), of the
amounts appropriated pursuant to section 106(k), not
more than $6,000,000 per fiscal year may be used to
carry out this paragraph.
``(4) Construction of air traffic control towers.--
[[Page 114 STAT. 80]]
``(A) In general.--Notwithstanding any other
provision of this subchapter, the Secretary may provide
grants under this subchapter to not more than two
airport sponsors for the construction of a low-level
activity visual flight rule (level 1) air traffic
control tower, as defined by the Secretary.
``(B) Eligibility.--A sponsor shall be eligible for
a grant under this paragraph if--
``(i) the sponsor would otherwise be eligible
to participate in the pilot program established
under paragraph (3) except for the lack of the air
traffic control tower proposed to be constructed
under this subsection; and
``(ii) the sponsor agrees to fund not less
than 25 percent of the costs of construction of
the air traffic control tower.
``(C) Project costs.--Grants under this paragraph
shall be paid only from amounts apportioned to the
sponsor under section 47114(c)(1).
``(D) Federal share.--The Federal share of the cost
of construction of an air traffic control tower under
this paragraph may not exceed $1,100,000.''.
SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) In General.--Subchapter I of chapter 471 is amended by adding at
the end the following:
``Sec. 47135. Innovative financing techniques
``(a) In General.--The Secretary of Transportation may approve
applications for not more than 20 airport development projects for which
grants received under this subchapter may be used for innovative
financing techniques. Such projects shall be located at airports that
each year have less than .25 percent of the total number of passenger
boardings each year at all commercial service airports in the most
recent calendar year for which data is available.
``(b) Purpose.--The purpose of grants made under this section shall
be to provide information on the benefits and difficulties of using
innovative financing techniques for airport development projects.
``(c) Limitations.--
``(1) No guarantees.--In no case shall the implementation of
an innovative financing technique under this section be used in
a manner giving rise to a direct or indirect guarantee of any
airport debt instrument by the United States Government.
``(2) Types of techniques.--In this section, innovative
financing techniques are limited to--
``(A) payment of interest;
``(B) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible
airport development;
``(C) flexible non-Federal matching requirements;
and
``(D) use of funds apportioned under section 47114
for the payment of principal and interest of terminal
development for costs incurred before the date of the
enactment of this section.''.
[[Page 114 STAT. 81]]
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is amended by adding at the end the following:
``47135. Innovative financing techniques.''.
SEC. 133. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47136. Inherently low-emission airport vehicle pilot program
``(a) In General.--The Secretary of Transportation shall carry out a
pilot program at not more than 10 public-use airports under which the
sponsors of such airports may use funds made available under section
48103 for use at such airports to carry out inherently low-emission
vehicle activities. Notwithstanding any other provision of this
subchapter, inherently low-emission vehicle activities shall for
purposes of the pilot program be treated as eligible for assistance
under this subchapter.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport shall be eligible
for participation in the pilot program only if the airport is
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)).
``(2) Shortage of candidates.--If the Secretary receives an
insufficient number of applications from public-use airports
located in such areas, then the Secretary may consider
applications from public-use airports that are not located in
such areas.
``(c) Selection Criteria.--In selecting from among applicants for
participation in the pilot program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of funds
expended under the pilot program.
``(d) United States Government's Share.--Notwithstanding any other
provision of this subchapter, the United States Government's share of
the costs of a project carried out under the pilot program shall be 50
percent.
``(e) Maximum Amount.--Not more than $2,000,000 may be expended
under the pilot program at any single public-use airport.
``(f ) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport
carrying out inherently low-emission vehicle activities under
the pilot program may use not more than 10 percent of the
amounts made available for expenditure at the airport in a
fiscal year under the pilot program to receive technical
assistance in carrying out such activities.
``(2) Eligible consortium.--To the maximum extent
practicable, participants in the pilot program shall use an
eligible consortium (as defined in section 5506 of this title)
in the region of the airport to receive technical assistance
described in paragraph (1).
``(g) Materials Identifying Best Practices.--The Administrator may
develop and make available materials identifying best practices for
carrying out low-emission vehicle activities based on the projects
carried out under the pilot program and other sources.
[[Page 114 STAT. 82]]
``(h) Report <<NOTE: Deadline.>> to Congress.--Not later than 18
months after the date of the enactment of this section, the Secretary
shall transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
``(1) an evaluation of the effectiveness of the pilot
program;
``(2) an identification of other public-use airports that
expressed an interest in participating in the pilot program; and
``(3) a description of the mechanisms used by the Secretary
to ensure that the information and know-how gained by
participants in the pilot program is transferred among the
participants and to other interested parties, including other
public-use airports.
``(i) Inherently Low-Emission Vehicle Activity Defined.--In this
section, the term `inherently low-emission vehicle activity' means--
``(1) the construction of infrastructure or modifications at
public-use airports to enable the delivery of fuel and services
necessary for the use of vehicles that are certified as
inherently low-emission vehicles under title 40 of the Code of
Federal Regulations and that--
``(A) operate exclusively on compressed natural gas,
liquefied natural gas, liquefied petroleum gas,
electricity, hydrogen, or a blend at least 85 percent of
which is methanol;
``(B) are labeled in accordance with section 88.312-
93(c) of such title; and
``(C) are located or primarily used at public-use
airports;
``(2) the construction of infrastructure or modifications at
public-use airports to enable the delivery of fuel and services
necessary for the use of nonroad vehicles that--
``(A) operate exclusively on compressed natural gas,
liquefied natural gas, liquefied petroleum gas,
electricity, hydrogen, or a blend at least 85 percent of
which is methanol;
``(B) meet or exceed the standards set forth in
section 86.1708-99 of such title or the standards set
forth in section 89.112(a) of such title, and are in
compliance with the requirements of section 89.112(b) of
such title; and
``(C) are located or primarily used at public-use
airports;
``(3) the payment of that portion of the cost of acquiring
vehicles described in this subsection that exceeds the cost of
acquiring other vehicles or engines that would be used for the
same purpose; or
``(4) the acquisition of technological capital equipment to
enable the delivery of fuel and services necessary for the use
of vehicles described in paragraph (1).''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47136. Inherently low-emission airport vehicle pilot program.''.
[[Page 114 STAT. 83]]
SEC. 134. AIRPORT SECURITY PROGRAM.
(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47137. Airport security program
``(a) General Authority.--To improve security at public airports in
the United States, the Secretary of Transportation shall carry out not
less than one project to test and evaluate innovative aviation security
systems and related technology.
``(b) Priority.--In carrying out this section, the Secretary shall
give the highest priority to a request from an eligible sponsor for a
grant to undertake a project that--
``(1) evaluates and tests the benefits of innovative
aviation security systems or related technology, including
explosives detection systems, for the purpose of improving
aviation and aircraft physical security, access control, and
passenger and baggage screening; and
``(2) provides testing and evaluation of airport security
systems and technology in an operational, testbed environment.
``(c) Matching Share.--Notwithstanding section 47109, the United
States Government's share of allowable project costs for a project under
this section shall be 100 percent.
``(d) Terms and Conditions.--The Secretary may establish such terms
and conditions as the Secretary determines appropriate for carrying out
a project under this section, including terms and conditions relating to
the form and content of a proposal for a project, project assurances,
and schedule of payments.
``(e) Eligible Sponsor Defined.--In this section, the term `eligible
sponsor' means a nonprofit corporation composed of a consortium of
public and private persons, including a sponsor of a primary airport,
with the necessary engineering and technical expertise to successfully
conduct the testing and evaluation of airport and aircraft related
security systems.
``(f ) Authorization of Appropriations.--Of the amounts made
available to the Secretary under section 47115 in a fiscal year, the
Secretary shall make available not less than $5,000,000 for the purpose
of carrying out this section.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47137. Airport security program.''.
SEC. 135. TECHNICAL AMENDMENTS.
(a) Passenger Facility Fee Waiver for Certain Class of Carriers.--
Section 40117(e)(2) is amended--
(1) in subparagraph (B) by striking ``and'' at the end; and
(2) by adding at the end the following:
``(D) on flights, including flight segments, between 2 or
more points in Hawaii; and
``(E) in Alaska aboard an aircraft having a seating capacity
of less than 60 passengers.''.
(b) Passenger Facility Fee Waiver for Certain Class of Carriers or
for Service to Airports in Isolated Communities.--Section 40117 is
amended--
(1) in subsection (i)(1) by striking ``and'' at the end;
(2) in subsection (i)(2)(D) by striking the period at the
end and inserting ``; and'';
[[Page 114 STAT. 84]]
(3) by adding at the end of subsection (i) the following:
``(3) may permit an eligible agency to request that
collection of a passenger facility fee be waived for--
``(A) passengers enplaned by any class of air
carrier or foreign air carrier if the number of
passengers enplaned by the carriers in the class
constitutes not more than one percent of the total
number of passengers enplaned annually at the airport at
which the fee is imposed; or
``(B) passengers enplaned on a flight to an
airport--
``(i) that has fewer than 2,500 passenger
boardings each year and receives scheduled
passenger service; or
``(ii) in a community which has a population
of less than 10,000 and is not connected by a land
highway or vehicular way to the land-connected
National Highway System within a State.''; and
(4) by adding at the end the following:
``( j) Limitation on Certain Actions.--A State, political
subdivision of a State, or authority of a State or political subdivision
that is not the eligible agency may not tax, regulate, or prohibit or
otherwise attempt to control in any manner, the imposition or collection
of a passenger facility fee or the use of the revenue from the passenger
facility fee.''.
(c) Continuation of Project Funding.--Section 47108 is amended by
adding at the end the following:
``(e) Change in Airport Status.--
``(1) Changes to nonprimary airport status.--If the status
of a primary airport changes to a nonprimary airport at a time
when a development project under a multiyear agreement under
subsection (a) is not yet completed, the project shall remain
eligible for funding from discretionary funds under section
47115 at the funding level and under the terms provided by the
agreement, subject to the availability of funds.
``(2) Changes to noncommercial service airport status.--If
the status of a commercial service airport changes to a
noncommercial service airport at a time when a terminal
development project under a phased-funding arrangement is not
yet completed, the project shall remain eligible for funding
from discretionary funds under section 47115 at the funding
level and under the terms provided by the arrangement subject to
the availability of funds.''.
(d) References to Gifts.--Chapter 471 is amended--
(1) in section 47151--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1) by
striking ``give'' and inserting ``convey to''; and
(ii) in paragraph (2) by striking ``gift'' and
inserting ``conveyance'';
(B) in subsection (b)--
(i) by striking ``giving'' and inserting
``conveying''; and
(ii) by striking ``gift'' and inserting
``conveyance''; and
(C) in subsection (c)--
(i) in the subsection heading by striking
``Given'' and inserting ``Conveyed''; and
(ii) by striking ``given'' and inserting
``conveyed'';
[[Page 114 STAT. 85]]
(2) in section 47152--
(A) in the section heading by striking ``gifts'' and
inserting ``conveyances''; and
(B) in the matter preceding paragraph (1) by
striking ``gift'' and inserting ``conveyance'';
(3) in section 47153(a)(1)--
(A) by striking ``gift'' each place it appears and
inserting ``conveyance''; and
(B) by striking ``given'' and inserting
``conveyed''; and
(4) in the analysis for such chapter by striking the item
relating to section 47152 and inserting the following:
``47152. Terms of conveyances.''.
SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIRPORTS.
Section 47151 (as amended by section 125(c) of this Act) is further
amended by adding at the end the following:
``(e) Requests by Public Agencies.--Except with respect to a request
made by another department, agency, or instrumentality of the executive
branch of the United States Government, such a department, agency, or
instrumentality shall give priority consideration to a request made by a
public agency (as defined in section 47102) for surplus property
described in subsection (a) (other than real property that is subject to
section 2687 of title 10, section 201 of the Defense Authorization
Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note),
or section 2905 of the Defense Base Closure and Realignment Act of 1990
(10 U.S.C. 2687 note)) for use at a public airport.''.
SEC. 137. INTERMODAL CONNECTIONS.
(a) Airport Improvement Policy.--Section 47101(a)(5) is amended to
read as follows:
``(5) to encourage the development of intermodal connections
on airport property between aeronautical and other
transportation modes and systems to serve air transportation
passengers and cargo efficiently and effectively and promote
economic development;''.
(b) Airport Development Defined.--Section 47102(3) (as amended by
section 123(b)) is further amended by adding at the end the following:
``(I) constructing, reconstructing, or improving an
airport, or purchasing nonrevenue generating capital
equipment to be owned by an airport, for the purpose of
transferring passengers, cargo, or baggage between the
aeronautical and ground transportation modes on airport
property.''.
SEC. 138. STATE BLOCK GRANT PROGRAM.
Section 47128(a) is amended by striking ``8 qualified States for
fiscal year 1997 and 9 qualified States for each fiscal year
thereafter'' and insert ``9 qualified States for fiscal years 2000 and
2001 and 10 qualified States for each fiscal year thereafter''.
SEC. 139. <<NOTE: 49 USC 47104 note.>> DESIGN-BUILD CONTRACTING.
(a) Pilot Program.--The Administrator may establish a pilot program
under which design-build contracts may be used to carry out up to 7
projects at airports in the United States with a grant awarded under
section 47104 of title 49, United States Code. A
[[Page 114 STAT. 86]]
sponsor of an airport may submit an application to the Administrator to
carry out a project otherwise eligible for assistance under chapter 471
of such title under the pilot program.
(b) Use of Design-Build Contracts.--Under the pilot program, the
Administrator may approve an application of an airport sponsor under
this section to authorize the airport sponsor to award a design-build
contract using a selection process permitted under applicable State or
local law if--
(1) the Administrator approves the application using
criteria established by the Administrator;
(2) the design-build contract is in a form that is approved
by the Administrator;
(3) the Administrator is satisfied that the contract will be
executed pursuant to competitive procedures and contains a
schematic design adequate for the Administrator to approve the
grant;
(4) use of a design-build contract will be cost effective
and expedite the project;
(5) the Administrator is satisfied that there will be no
conflict of interest; and
(6) the Administrator is satisfied that the selection
process will be as open, fair, and objective as the competitive
bid system and that at least three or more bids will be
submitted for each project under the selection process.
(c) Reimbursement of Costs.--The Administrator may reimburse an
airport sponsor for design and construction costs incurred before a
grant is made pursuant to this section if the project is approved by the
Administrator in advance and is carried out in accordance with all
administrative and statutory requirements that would have been
applicable under chapter 471 of title 49, United States Code, if the
project were carried out after a grant agreement had been executed.
(d) Design-Build Contract Defined.--In this section, the term
``design-build contract'' means an agreement that provides for both
design and construction of a project by a contractor.
(e) Expiration of Authority.--The authority of the Administrator to
carry out the pilot program under this section shall expire on September
30, 2003.
Subtitle C--Miscellaneous
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS.
Section 40117(a) is amended to read as follows:
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Airport, commercial service airport, and public
agency.--The terms `airport', `commercial service airport', and
`public agency' have the meaning those terms have under section
47102.
``(2) Eligible agency.--The term `eligible agency' means a
public agency that controls a commercial service airport.
``(3) Eligible airport-related project.--The term `eligible
airport-related project' means any of the following projects:
[[Page 114 STAT. 87]]
``(A) A project for airport development or airport
planning under subchapter I of chapter 471.
``(B) A project for terminal development described
in section 47110(d).
``(C) A project for airport noise capability
planning under section 47505.
``(D) A project to carry out noise compatibility
measures eligible for assistance under section 47504,
whether or not a program for those measures has been
approved under section 47504.
``(E) A project for constructing gates and related
areas at which passengers board or exit aircraft. In the
case of a project required to enable additional air
service by an air carrier with less than 50 percent of
the annual passenger boardings at an airport, the
project for constructing gates and related areas may
include structural foundations and floor systems,
exterior building walls and load-bearing interior
columns or walls, windows, door and roof systems,
building utilities (including heating, air conditioning,
ventilation, plumbing, and electrical service), and
aircraft fueling facilities adjacent to the gate.
``(4) Passenger facility fee.--The term `passenger facility
fee' means a fee imposed under this section.
``(5) Passenger facility revenue.--The term `passenger
facility revenue' means revenue derived from a passenger
facility fee.''.
SEC. 152. TERMINAL DEVELOPMENT COSTS.
(a) With Respect to Passenger Facility Charges.--Section 40117(a)(3)
is further amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) for costs of terminal development referred to
in subparagraph (B) incurred after August 1, 1986, at an
airport that did not have more than .25 percent of the
total annual passenger boardings in the United States in
the most recent calendar year for which data is
available and at which total passenger boardings
declined by at least 16 percent between calendar year
1989 and calendar year 1997;''.
(b) Nonprimary Commercial Service Airports.--Section 47119 is
amended by adding at the end the following:
``(d) Determination of Passenger Boarding at Commercial Service
Airports.--For the purpose of determining whether an amount may be
distributed for a fiscal year from the discretionary fund in accordance
with subsection (b)(2)(A) to a commercial service airport, the Secretary
shall make the determination of whether or not a public airport is a
commercial service airport on the basis of the number of passenger
boardings and type of air service at the public airport in the calendar
year that includes the first day of such fiscal year or the preceding
calendar year, whichever is more beneficial to the airport.''.
SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM.
Section 44502(a)(4)(B) is amended--
(1) by striking ``each of fiscal years 1995 and 1996'' and
inserting ``each of fiscal years 2000 through 2002''; and
[[Page 114 STAT. 88]]
(2) by inserting ``under new or existing contracts'' after
``including acquisition''.
SEC. 154. AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT.
Section 47504(c) is amended by adding at the end the following:
``(6) Aircraft noise primarily caused by military
aircraft.--The Secretary may make a grant under this subsection
for a project even if the purpose of the project is to mitigate
the effect of noise primarily caused by military aircraft at an
airport.''.
SEC. 155. COMPETITION PLANS.
(a) Findings.--The <<NOTE: 49 USC 40117 note.>> Congress makes the
following findings:
(1) Major airports must be available on a reasonable basis
to all air carriers wishing to serve those airports.
(2) 15 large hub airports today are each dominated by one
air carrier, with each such carrier controlling more than 50
percent of the traffic at the hub.
(3) The General Accounting Office has found that such levels
of concentration lead to higher air fares.
(4) The United States Government must take every step
necessary to reduce those levels of concentration.
(5) Consistent with air safety, spending at these airports
must be directed at providing opportunities for carriers wishing
to serve such facilities on a commercially viable basis.
(b) In General.--Section 47106 is amended by adding at the end the
following:
``(f ) Competition Plans.--
``(1) Prohibition.--Beginning in fiscal year 2001, no
passenger facility fee may be approved for a covered airport
under section 40117 and no grant may be made under this
subchapter for a covered airport unless the airport has
submitted to the Secretary a written competition plan in
accordance with this subsection.
``(2) Contents.--A competition plan under this subsection
shall include information on the availability of airport gates
and related facilities, leasing and sub-leasing arrangements,
gate-use requirements, patterns of air service, gate-assignment
policy, financial constraints, airport controls over air- and
ground-side capacity, whether the airport intends to build or
acquire gates that would be used as common facilities, and
airfare levels (as compiled by the Department of Transportation)
compared to other large airports.
``(3) Covered airport defined.--In this subsection, the term
`covered airport' means a commercial service airport--
``(A) that has more than .25 percent of the total
number of passenger boardings each year at all such
airports; and
``(B) at which one or two air carriers control more
than 50 percent of the passenger boardings.''.
(c) Cross Reference.--Section 40117 (as amended by section 135(b) of
this Act) is further amended by adding at the end the following:
``(k) Competition Plans.--
``(1) In general.--Beginning in fiscal year 2001, no
eligible agency may impose a passenger facility fee under this
section with respect to a covered airport (as such term is
defined in section 47106(f )) unless the agency has submitted to
the
[[Page 114 STAT. 89]]
Secretary a written competition plan in accordance with such
section. This subsection does not apply to passenger facility
fees in effect before the date of the enactment of this
subsection.
``(2) Secretary shall ensure implementation and
compliance.--The Secretary shall review any plan submitted under
paragraph (1) to ensure that it meets the requirements of this
section, and shall review its implementation from time-to-time
to ensure that each covered airport successfully implements its
plan.''.
(d) Availability <<NOTE: 49 USC 47101 note.>> of Gates and Other
Essential Services.--The Secretary shall ensure that gates and other
facilities are made available at costs that are fair and reasonable to
air carriers at covered airports (as defined in section 47106(f )(4) of
title 49, United States Code) where a ``majority-in-interest clause'' of
a contract or other agreement or arrangement inhibits the ability of the
local airport authority to provide or build new gates or other
facilities.
SEC. 156. ALASKA RURAL AVIATION IMPROVEMENT.
(a) Application of FAA Regulations.--Section 40113 is amended by
adding at the end the following:
``(f ) Application of Certain Regulations to Alaska.--In amending
title 14, Code of Federal Regulations, in a manner affecting intrastate
aviation in Alaska, the Administrator of the Federal Aviation
Administration shall consider the extent to which Alaska is not served
by transportation modes other than aviation, and shall establish such
regulatory distinctions as the Administrator considers appropriate.''.
(b) Mike-in-Hand Weather Observation.--The Administrator and the
Assistant Administrator of the National Weather Service, in consultation
with the National Transportation Safety Board and the Governor of the
State of Alaska, shall continue efforts to develop and implement a
``mike-in-hand'' weather observation program in Alaska under which
Federal Aviation Administration employees, National Weather Service
employees, other Federal or State employees sited at an airport, or
persons contracted specifically for such purpose (including part-time
contract employees who are not sited at such airport), will provide
near-real time aviation weather information via radio and otherwise to
pilots who request such information.
SEC. 157. <<NOTE: 49 USC 44505 note.>> USE OF RECYCLED MATERIALS.
(a) Study.--The Administrator shall conduct a study of the use of
recycled materials (including recycled pavements, waste materials, and
byproducts) in pavement used for runways, taxiways, and aprons and the
specification standards in tests necessary for the use of recycled
materials in such pavement. The primary focus of the study shall be on
the long-term physical performance, safety implications, and
environmental benefits of using recycled materials in aviation pavement.
(b) Contracting.--The Administrator may carry out the study by
entering into a contract with a university of higher education with
expertise necessary to carry out the study.
(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study, together with
recommendations concerning the use of recycled materials in aviation
pavement.
[[Page 114 STAT. 90]]
(d) Funding.--Of the amounts appropriated pursuant to section 106(k)
of title 49, United States Code, not to exceed $1,500,000 may be used to
carry out this section.
SEC. 158. <<NOTE: 49 USC 47101 note.>> CONSTRUCTION OF RUNWAYS.
Notwithstanding any provision of law that specifically restricts the
number of runways at a single international airport, the Secretary may
obligate funds made available under chapters 471 and 481 of title 49,
United States Code, for any project to construct a new runway at such
airport, unless this section is expressly repealed.
SEC. 159. <<NOTE: 49 USC 48103 note.>> NOTICE OF GRANTS.
(a) Timely Announcement.--The Secretary shall announce a grant to be
made with funds made available under section 48103 of title 49, United
States Code, in a timely fashion after receiving necessary documentation
concerning the grant from the Administrator.
(b) Notice to Committees.--If the Secretary provides any committee
of Congress advance notice of a grant to be made with funds made
available under section 48103 of title 49, United States Code, the
Secretary shall provide, on the same date, such notice to the Committee
on Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
SEC. 160. <<NOTE: 49 USC 44505 note.>> AIRFIELD PAVEMENT CONDITIONS.
(a) Evaluation of Options.--The Administrator shall evaluate options
for improving the quality of information available to the Federal
Aviation Administration on airfield pavement conditions for airports
that are part of the national air transportation system, including--
(1) improving the existing runway condition information
contained in the airport safety data program by reviewing and
revising rating criteria and providing increased training for
inspectors;
(2) requiring such airports to submit pavement condition
index information as part of their airport master plan or as
support in applications for airport improvement grants; and
(3) requiring all such airports to submit pavement condition
index information on a regular basis and using this information
to create a pavement condition database that could be used in
evaluating the cost-effectiveness of project applications and
forecasting anticipated pavement needs.
(b) Report <<NOTE: Deadline.>> to Congress.--Not later than 12
months after the date of the enactment of this Act, the Administrator
shall transmit a report containing an evaluation of the options
described in subsection (a) to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure.
[[Page 114 STAT. 91]]
SEC. 161. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCEMENTS.
Not <<NOTE: Deadline.>> later than 9 months after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on efforts by the Federal Aviation Administration to implement
capacity enhancements and improvements, both technical and procedural,
such as precision runway monitoring systems, and the timeframe for
implementation of such enhancements and improvements.
SEC. 162. PRIORITIZATION OF DISCRETIONARY PROJECTS.
Section 47120 is amended--
(1) by inserting ``(a) In General.--'' before ``In''; and
(2) by adding at the end the following:
``(b) Discretionary Funding To Be Used for Higher
Priority Projects.--The Administrator of the Federal Aviation
Administration shall discourage airport sponsors and airports from using
entitlement funds for lower priority projects by giving lower priority
to discretionary projects submitted by airport sponsors and airports
that have used entitlement funds for projects that have a lower priority
than the projects for which discretionary funds are being requested.''.
SEC. 163. CONTINUATION OF REPORTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act
of 1995 (31 U.S.C. 1113 note) does not apply to any report required to
be submitted under any of the following provisions of law:
(1) Section 44501 of title 49, United States Code.
(2) Section 47103 of such title.
(3) Section 47131 of such title.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Small Communities
SEC. 201. POLICY FOR AIR SERVICE TO RURAL AREAS.
Section 40101(a) is amended by adding at the end the following:
``(16) ensuring that consumers in all regions of the United
States, including those in small communities and rural and
remote areas, have access to affordable, regularly scheduled air
service.''.
SEC. 202. WAIVER OF LOCAL CONTRIBUTION.
Section 41736(b) is amended by inserting after paragraph (4) the
following:
``Paragraph (4) does not apply to any community approved for service
under this section during the period beginning October 1, 1991, and
ending December 31, 1997.''.
[[Page 114 STAT. 92]]
SEC. 203. IMPROVED AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING
SUFFICIENT SERVICE.
(a) In General.--Subchapter II of chapter 417 is amended by adding
at the end the following:
``Sec. 41743. Airports not receiving sufficient service
``(a) Small Community Air Service Development Pilot Program.--The
Secretary of Transportation shall establish a pilot
program that meets the requirements of this section for improving air
carrier service to airports not receiving sufficient air carrier
service.
``(b) Application Required.--In order to participate in the program
established under subsection (a), a community or consortium of
communities shall submit an application to the Secretary in such form,
at such time, and containing such information as the Secretary may
require, including--
``(1) an assessment of the need of the community or
consortium for access, or improved access, to the national air
transportation system; and
``(2) an analysis of the application of the criteria in
subsection (c) to that community or consortium.
``(c) Criteria for Participation.--In selecting communities, or
consortia of communities, for participation in the program established
under subsection (a), the Secretary shall apply the following criteria:
``(1) Size.--For calendar year 1997, the airport serving the
community or consortium was not larger than a small hub airport
(as that term is defined in section 41731(a)(5)), and--
``(A) had insufficient air carrier service; or
``(B) had unreasonably high air fares.
``(2) Characteristics.--The airport presents
characteristics, such as geographic diversity or unique
circumstances, that will demonstrate the need for, and
feasibility of, the program established under subsection (a).
``(3) State limit.--No more than four communities or
consortia of communities, or a combination thereof, may be
located in the same State.
``(4) Overall limit.--No more than 40 communities or
consortia of communities, or a combination thereof, may be
selected to participate in the program.
``(5) Priorities.--The Secretary shall give priority to
communities or consortia of communities where--
``(A) air fares are higher than the average air
fares for all communities;
``(B) the community or consortium will provide a
portion of the cost of the activity to be assisted under
the program from local sources other than airport
revenues;
``(C) the community or consortium has established,
or will establish, a public-private partnership to
facilitate air carrier service to the public; and
``(D) the assistance will provide material benefits
to a broad segment of the travelling public, including
business, educational institutions, and other
enterprises, whose access to the national air
transportation system is limited.
``(d) Types of Assistance.--The Secretary may use amounts made
available under this section--
[[Page 114 STAT. 93]]
``(1) to provide assistance to an air carrier to subsidize
service to and from an underserved airport for a period not to
exceed 3 years;
``(2) to provide assistance to an underserved airport to
obtain service to and from the underserved airport; and
``(3) to provide assistance to an underserved airport to
implement such other measures as the Secretary, in consultation
with such airport, considers appropriate to improve air service
both in terms of the cost of such service to consumers and the
availability of such service, including improving air service
through marketing and promotion of air service and enhanced
utilization of airport facilities.
``(e) Authority To Make Agreements.--
``(1) In general.--The Secretary may make agreements to
provide assistance under this section.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $20,000,000 for fiscal year
2001 and $27,500,000 for each of fiscal years 2002 and 2003 to
carry out this section. Such sums shall remain available until
expended.
``(f ) Additional Action.--Under the pilot program established under
subsection (a), the Secretary shall work with air carriers providing
service to participating communities and major air carriers (as defined
in section 41716(a)(2)) serving large hub airports (as defined in
section 41731(a)(3)) to facilitate joint-fare arrangements consistent
with normal industry practice.
``(g) Designation of Responsible Official.--The Secretary shall
designate an employee of the Department of Transportation--
``(1) to function as a facilitator between small communities
and air carriers;
``(2) to carry out this section;
``(3) to ensure that the Bureau of Transportation Statistics
collects data on passenger information to assess the service
needs of small communities;
``(4) to work with and coordinate efforts with other
Federal, State, and local agencies to increase the viability of
service to small communities and the creation of aviation
development zones; and
``(5) to provide policy recommendations to the Secretary and
Congress that will ensure that small communities have access to
quality, affordable air transportation services.
``(h) Air Service Development Zone.--The Secretary shall designate
an airport in the program as an Air Service Development Zone and work
with the community or consortium on means to attract business to the
area surrounding the airport, to develop land use options for the area,
and provide data, working with the Department of Commerce and other
agencies.''.
(b) Conforming Amendment.--The analysis for subchapter II of chapter
417 is amended by adding at the end the following:
``41743. Airports not receiving sufficient service.''.
SEC. 204. PRESERVATION OF ESSENTIAL AIR SERVICE AT SINGLE CARRIER
DOMINATED HUB AIRPORTS.
(a) In General.--Subchapter II of chapter 417 (as amended by section
203 of this Act) is further amended by adding at the end the following:
[[Page 114 STAT. 94]]
``Sec. 41744. Preservation of basic essential air service at single
carrier dominated hub airports
``(a) In General.--If the Secretary of Transportation determines
that extraordinary circumstances jeopardize the reliable performance of
essential air service under this subchapter from a subsidized essential
air service community to and from an essential airport facility, the
Secretary may require an air carrier that has more than 60 percent of
the total annual enplanements at the essential airport facility to take
action to enable another air carrier to provide reliable essential air
service to that community. Actions required by the Secretary under this
subsection may include interline agreements, ground services, subleasing
of gates, and the provision of any other service or facility necessary
for the performance of satisfactory essential air service to that
community.
``(b) Essential Airport Facility Defined.--In this section, the term
`essential airport facility' means a large hub airport (as defined in
section 41731) in the contiguous 48 States at which one air carrier has
more than 60 percent of the total annual enplanements at that
airport.''.
(b) Conforming Amendment.--The analysis for subchapter II of chapter
417 is further amended by adding at the end the following:
``41744. Preservation of basic essential air service at single carrier
dominated hub airports.''.
SEC. 205. <<NOTE: 49 USC 41731 note.>> DETERMINATION OF DISTANCE FROM
HUB AIRPORT.
The Secretary may provide assistance under subchapter II of chapter
417 of title 49, United States Code, with respect to a place that is
located within 70 highway miles of a hub airport (as defined by section
41731 of such title) if the most commonly used highway route between the
place and the hub airport exceeds 70 miles.
SEC. 206. REPORT ON ESSENTIAL AIR SERVICE.
(a) In General.--The Secretary shall conduct an analysis of the
difficulties faced by many smaller communities in retaining essential
air service and shall develop a plan to facilitate the retention of such
service.
(b) Examination of North Dakota Communities.--In conducting the
analysis and developing the plan under subsection (a), the Secretary
shall pay particular attention to communities located in North Dakota.
(c) Report.--Not <<NOTE: Deadline.>> later than 60 days after the
date of the enactment of this section, the Secretary shall transmit to
Congress a report containing the analysis and plan described in
subsection (a).
SEC. 207. <<NOTE: 49 USC 41731 note.>> MARKETING PRACTICES.
(a) Review of Marketing Practices That Adversely Affect Service to
Small or Medium Communities.--Not <<NOTE: Deadline.>> later than 180
days after the date of the enactment of this Act, the Secretary shall
review the marketing practices of air carriers that may inhibit the
availability of quality, affordable air transportation services to
small- and medium-sized communities, including--
(1) marketing arrangements between airlines and travel
agents;
(2) code-sharing partnerships;
(3) computer reservation system displays;
[[Page 114 STAT. 95]]
(4) gate arrangements at airports;
(5) exclusive dealing arrangements; and
(6) any other marketing practice that may have the same
effect.
(b) Regulations.--If the Secretary finds, after conducting the
review, that marketing practices inhibit the availability of affordable
air transportation services to small- and medium-sized communities,
then, after public notice and an opportunity for comment, the Secretary
may issue regulations that address the problem or take other appropriate
action.
(c) Statutory Construction.--Nothing in this section expands the
authority or jurisdiction of the Secretary to issue regulations under
chapter 417 of title 49, United States Code, or under any other law.
SEC. 208. DEFINITION OF ELIGIBLE PLACE.
Section 41731(a)(1) is amended--
(1) by inserting ``(i)'' after ``(A)'';
(2) by striking ``(B)'' and inserting ``(ii)'';
(3) by striking ``(C)'' and inserting ``(iii)'';
(4) by striking ``subchapter.'' and inserting ``subchapter;
or''; and
(5) by adding at the end the following:
``(B) determined, on or after October 1, 1988, and
before the date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century,
under this subchapter by the Secretary to be eligible to
receive subsidized small community air service under
section 41736(a).''.
SEC. 209. MAINTAINING THE INTEGRITY OF THE ESSENTIAL AIR SERVICE
PROGRAM.
(a) Authorization of Appropriation.--Section 41742(a) is amended--
(1) by striking ``Out of '' and inserting the following:
``(1) Authorization.--Out of '';
(2) by adding at the end the following:
``(2) Additional funds.--In addition to amounts authorized
under paragraph (1), there is authorized to be appropriated
$15,000,000 for each fiscal year to carry out the essential air
service program under this subchapter.''; and
(3) by aligning paragraph (1) (as designated by paragraph
(1) of this subsection) with paragraph (2) (as added by
paragraph (2) of this subsection).
(b) Limitation on Adjustments to Levels of Service.--Section
41733(e) is amended by striking the period at the end and inserting ``,
to the extent such adjustments are to a level not less than the basic
essential air service level established under subsection (a) for the
airport that serves the community.''.
(c) Effect <<NOTE: 49 USC 41733 note.>> on Certain Orders.--All
orders issued by the Secretary after September 30, 1999, and before the
date of the enactment of this Act establishing, modifying, or revoking
essential air service levels shall be null and void beginning on the
90th day following such date of enactment. During the 90-day period, the
Secretary shall reconsider such orders and shall issue new orders
consistent with the amendments made by this section.
[[Page 114 STAT. 96]]
SEC. 210. REGIONAL JET SERVICE FOR SMALL COMMUNITIES.
(a) In General.--Chapter 417 is amended by adding at the end the
following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec. 41761. Purpose
``The purpose of this subchapter is to improve service by jet
aircraft to underserved markets by providing assistance, in the form of
Federal credit instruments, to commuter air carriers that purchase
regional jet aircraft for use in serving those markets.
``Sec. 41762. Definitions
``In this subchapter, the following definitions apply:
``(1) Air carrier.--The term `air carrier' means any air
carrier holding a certificate of public convenience and
necessity issued by the Secretary of Transportation under
section 41102.
``(2) Aircraft purchase.--The term `aircraft purchase' means
the purchase of commercial transport aircraft, including spare
parts normally associated with the aircraft.
``(3) Capital reserve subsidy amount.--The term `capital
reserve subsidy amount' means the amount of budget authority
sufficient to cover estimated long-term cost to the United
States Government of a Federal credit instrument, calculated on
a net present value basis, excluding administrative costs and
any incidental effects on Government receipts or outlays in
accordance with provisions of the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
``(4) Commuter air carrier.--The term `commuter air carrier'
means an air carrier that primarily operates aircraft designed
to have a maximum passenger seating capacity of 75 or less in
accordance with published flight schedules.
``(5) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of
credit authorized to be made under this subchapter.
``(6) Financial obligation.--The term `financial obligation'
means any note, bond, debenture, or other debt obligation issued
by an obligor in connection with the financing of an aircraft
purchase, other than a Federal credit instrument.
``(7) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined by section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor
regulation) known as Rule 144A(a) of the Security and Exchange
Commission and issued under the Security Act of 1933 (15 U.S.C.
77a et seq.)), including--
``(A) a qualified retirement plan (as defined in
section 4974(c) of the Internal Revenue Code of 1986)
that is a qualified institutional buyer; and
``(B) a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer.
``(8) Line of credit.--The term `line of credit' means an
agreement entered into by the Secretary with an obligor under
section 41763(d) to provide a direct loan at a future date upon
the occurrence of certain events.
[[Page 114 STAT. 97]]
``(9) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary under section
41763(c) to pay all or part of any of the principal of and
interest on a loan or other debt obligation issued by an obligor
and funded by a lender.
``(10) New entrant air carrier.--The term `new entrant air
carrier' means an air carrier that has been providing air
transportation according to a published schedule for less than 5
years, including any person that has received authority from the
Secretary to provide air transportation but is not providing air
transportation.
``(11) Nonhub airport.--The term `nonhub airport' means an
airport that each year has less than .05 percent of the total
annual boardings in the United States.
``(12) Obligor.--The term `obligor' means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
``(13) Regional jet aircraft.--The term `regional jet
aircraft' means a civil aircraft--
``(A) powered by jet propulsion; and
``(B) designed to have a maximum passenger seating
capacity of not less than 30 nor more than 75.
``(14) Secured loan.--The term `secured loan' means a direct
loan funded by the Secretary in connection with the financing of
an aircraft purchase under section 41763(b).
``(15) Small hub airport.--The term `small hub airport'
means an airport that each year has at least .05 percent, but
less than .25 percent, of the total annual boardings in the
United States.
``(16) Underserved market.--The term `underserved market'
means a passenger air transportation market (as defined by the
Secretary) that--
``(A) is served (as determined by the Secretary) by
a nonhub airport or a small hub airport;
``(B) is not within a 40-mile radius of an airport
that each year has at least .25 percent of the total
annual boardings in the United States; and
``(C) the Secretary determines does not have
sufficient air service.
``Sec. 41763. Federal credit instruments
``(a) In General.--Subject to this section and section 41766, the
Secretary of Transportation may enter into agreements with one or more
obligors to make available Federal credit instruments, the proceeds of
which shall be used to finance aircraft purchases.
``(b) Secured Loans.--
``(1) Terms and limitations.--
``(A) In general.--A secured loan under this section
with respect to an aircraft purchase shall be on such
terms and conditions and contain such covenants,
representatives, warranties, and requirements (including
requirements for audits) as the Secretary determines
appropriate.
``(B) Maximum amount.--No secured loan may be made
under this section--
[[Page 114 STAT. 98]]
``(i) that extends to more than 50 percent of
the purchase price (including the value of any
manufacturer credits, post-purchase options, or
other discounts) of the aircraft, including spare
parts, to be purchased; or
``(ii) that, when added to the remaining
balance on any other Federal credit instruments
made under this subchapter, provides more than
$100,000,000 of outstanding credit to any single
obligor.
``(C) Final payment date.--The final payment on the
secured loan shall not be due later than 18 years after
the date of execution of the loan agreement.
``(D) Subordination.--The secured loan may be
subordinate to claims of other holders of obligations in
the event of bankruptcy, insolvency, or liquidation of
the obligor as determined appropriate by the Secretary.
``(E) Fees.--The Secretary, subject to
appropriations, may establish fees at a level sufficient
to cover all or a portion of the administrative costs to
the United States Government of making a secured loan
under this section. The proceeds of such fees shall be
deposited in an account to be used by the Secretary for
the purpose of administering the program established
under this subchapter and shall be available upon
deposit until expended.
``(2) Repayment.--
``(A) Schedule.--The Secretary shall establish a
repayment schedule for each secured loan under this
section based on the projected cash flow from aircraft
revenues and other repayment sources.
``(B) Commencement.--
Scheduled <<NOTE: Deadline.>> loan repayments of
principal and interest on a secured loan under this
section shall commence no later than 3 years after the
date of execution of the loan agreement.
``(3) Prepayment.--
``(A) Use of excess revenue.--After satisfying
scheduled debt service requirements on all financial
obligations and secured loans and all deposit
requirements under the terms of any trust agreement,
bond resolution, or similar agreement securing financial
obligations, the secured loan may be prepaid at anytime
without penalty.
``(B) Use of proceeds of refinancing.--The secured
loan may be prepaid at any time without penalty from
proceeds of refinancing from non-Federal funding
sources.
``(c) Loan Guarantees.--
``(1) In general.--A loan guarantee under this section with
respect to a loan made for an aircraft purchase shall be made in
such form and on such terms and conditions and contain such
covenants, representatives, warranties, and requirements
(including requirements for audits) as the Secretary determines
appropriate.
``(2) Maximum amount.--No loan guarantee shall be made under
this section--
``(A) that extends to more than the unpaid interest
and 50 percent of the unpaid principal on any loan;
``(B) that, for any loan or combination of loans,
extends to more than 50 percent of the purchase price
(including the value of any manufacturer credits, post-
purchase
[[Page 114 STAT. 99]]
options, or other discounts) of the aircraft, including
spare parts, to be purchased with the loan or loan
combination;
``(C) on any loan with respect to which terms permit
repayment more than 15 years after the date of execution
of the loan; or
``(D) that, when added to the remaining balance on
any other Federal credit instruments made under this
subchapter, provides more than $100,000,000 of
outstanding credit to any single obligor.
``(3) Fees.--The Secretary, subject to appropriations, may
establish fees at a level sufficient to cover all or a portion
of the administrative costs to the United States Government of
making a loan guarantee under this section. The proceeds of such
fees shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be available upon
deposit until expended.
``(d) Lines of Credit.--
``(1) In general.--Subject to the requirements of this
subsection, the Secretary may enter into agreements to make
available lines of credit to one or more obligors in the form of
direct loans to be made by the Secretary at future dates on the
occurrence of certain events for any aircraft purchase selected
under this section.
``(2) Terms and limitations.--
``(A) In general.--A line of credit under this
subsection with respect to an aircraft purchase shall be
on such terms and conditions and contain such covenants,
representatives, warranties, and requirements (including
requirements for audits) as the Secretary determines
appropriate.
``(B) Maximum amount.--
``(i) Total amount.--The amount of any line of
credit shall not exceed 50 percent of the purchase
price (including the value of any manufacturer
credits, post-purchase options, or other
discounts) of the aircraft, including spare parts.
``(ii) 1-year draws.--The amount drawn in any
year shall not exceed 20 percent of the total
amount of the line of credit.
``(C) Draws.--Any draw on the line of credit shall
represent a direct loan.
``(D) Period of availability.--The line of credit
shall be available not more than 5 years after the
aircraft purchase date.
``(E) Rights of third-party creditors.--
``(i) Against united states government.--A
third-party creditor of the obligor shall not have
any right against the United States Government
with respect to any draw on the line of credit.
``(ii) Assignment.--An obligor may assign the
line of credit to one or more lenders or to a
trustee on the lender's behalf.
``(F) Subordination.--A direct loan under this
subsection may be subordinate to claims of other holders
of obligations in the event of bankruptcy, insolvency,
or liquidation of the obligor as determined appropriate
by the Secretary.
[[Page 114 STAT. 100]]
``(G) Fees.--The Secretary, subject to
appropriations, may establish fees at a level sufficient
to cover all of a portion of the administrative costs to
the United States Government of providing a line of
credit under this subsection. The proceeds of such fees
shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be available
upon deposit until expended.
``(3) Repayment.--
``(A) Schedule.--The Secretary shall establish a
repayment schedule for each direct loan under this
subsection.
``(B) Commencement.--
Scheduled <<NOTE: Deadline.>> loan repayments of
principal or interest on a direct loan under this
subsection shall commence no later than 3 years after
the date of the first draw on the line of credit and
shall be repaid, with interest, not later than 18 years
after the date of the first draw.
``(e) Risk Assessment.--Before entering into an agreement under this
section to make available a Federal credit instrument, the Secretary, in
consultation with the Director of the Office of Management and Budget,
shall determine an appropriate capital reserve subsidy amount for the
Federal credit instrument based on such credit evaluations as the
Secretary deems necessary.
``(f ) Conditions.--Subject to subsection (h), the Secretary may
only make a Federal credit instrument available under this section if
the Secretary finds that--
``(1) the aircraft to be purchased with the Federal credit
instrument is a regional jet aircraft needed to improve the
service and efficiency of operation of a commuter air carrier or
new entrant air carrier;
``(2) the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the
carrier to use the aircraft to provide service to underserved
markets; and
``(3) the prospective earning power of the commuter air
carrier or new entrant air carrier, together with the character
and value of the security pledged, including the collateral
value of the aircraft being acquired and any other assets or
pledges used to secure the Federal credit instrument, furnish--
``(A) reasonable assurances of the air carrier's
ability and intention to repay the Federal credit
instrument within the terms established by the
Secretary--
``(i) to continue its operations as an air
carrier; and
``(ii) to the extent that the Secretary
determines to be necessary, to continue its
operations as an air carrier between the same
route or routes being operated by the air carrier
at the time of the issuance of the Federal credit
instrument; and
``(B) reasonable protection to the United States.
``(g) Limitation on Combined Amount of Federal Credit Instruments.--
The Secretary shall not allow the combined amount of Federal credit
instruments available for any aircraft purchase under this section to
exceed--
``(1) 50 percent of the cost of the aircraft purchase; or
``(2) $100,000,000 for any single obligor.
[[Page 114 STAT. 101]]
``(h) Requirement.--Subject to subsection (i), no Federal credit
instrument may be made under this section for the purchase of any
regional jet aircraft that does not comply with the stage 3 noise levels
of part 36 of title 14 of the Code of Federal Regulations, as in effect
on January 1, 1999.
``(i) Other Limitations.--No Federal credit instrument shall be made
by the Secretary under this section for the purchase of a regional jet
aircraft unless the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the carrier to
provide scheduled passenger air transportation to the underserved market
for which the aircraft is purchased for a period of not less than 36
consecutive months after the date that aircraft is placed in service.
``Sec. 41764. Use of Federal facilities and assistance
``(a) Use of Federal Facilities.--To permit the Secretary of
Transportation to make use of such expert advice and services as the
Secretary may require in carrying out this subchapter, the Secretary may
use available services and facilities of other agencies and
instrumentalities of the United States Government--
``(1) with the consent of the appropriate Federal officials;
and
``(2) on a reimbursable basis.
``(b) Assistance.--The head of each appropriate department or agency
of the United States Government shall exercise the duties and powers of
that head in such manner as to assist in carrying out the policy
specified in section 41761.
``(c) Oversight.--The Secretary shall make available to the
Comptroller General of the United States such information with respect
to any Federal credit instrument made under this subchapter as the
Comptroller General may require to carry out the duties of the
Comptroller General under chapter 7 of title 31, United States Code.
``Sec. 41765. Administrative expenses
``In carrying out this subchapter, the Secretary shall use funds
made available by appropriations to the Department of Transportation for
the purpose of administration, in addition to the proceeds of any fees
collected under this subchapter, to cover administrative expenses of the
Federal credit instrument program under this subchapter.
``Sec. 41766. Funding
``Of the amounts appropriated under section 106(k) for each of
fiscal years 2001 through 2003, such sums as may be necessary may be
used to carry out this subchapter, including administrative expenses.
``Sec. 41767. Termination
``(a) Authority To Issue Federal Credit Instruments.--The authority
of the Secretary of Transportation to issue Federal credit instruments
under section 41763 shall terminate on the date that is 5 years after
the date of the enactment of this subchapter.
``(b) Continuation of Authority To Administer Program for Existing
Federal Credit Instruments.--On and after the termination date, the
Secretary shall continue to administer the
[[Page 114 STAT. 102]]
program established under this subchapter for Federal credit instruments
issued under this subchapter before the termination date until all
obligations associated with such instruments have been satisfied.''.
(b) Conforming Amendment.--The analysis for chapter 417 is amended
by adding at the end the following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Federal credit instruments.
``41764. Use of Federal facilities and assistance.
``41765. Administrative expenses.
``41766. Funding.
``41767. Termination.''.
Subtitle B--Airline Customer Service
SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.
Section 41712 is amended--
(1) by inserting ``(a) In General.--'' before ``On''; and
(2) by adding at the end the following:
``(b) E-Ticket Expiration Notice.--It shall be an unfair or
deceptive practice under subsection (a) for any air carrier, foreign air
carrier, or ticket agent utilizing electronically transmitted tickets
for air transportation to fail to notify the purchaser of such a ticket
of its expiration date, if any.''.
SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER
PROTECTION LAWS.
(a) In General.--Section 46301(a) is amended by adding at the end
the following:
``(7) Consumer protection.--Notwithstanding paragraphs (1)
and (4), the maximum civil penalty for violating section 40127
or 41712 (including a regulation prescribed or order issued
under such section) or any other regulation prescribed by the
Secretary that is intended to afford consumer protection to
commercial air transportation passengers, shall be $2,500 for
each violation.''.
(b) Technical Amendment.--Paragraph (6) of section 46301(a) is
amended--
(1) by inserting ``Air service termination notice.--''
before ``Notwithstanding''; and
(2) by aligning the left margin of such paragraph with
paragraph (5) of such section.
SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER PROTECTIONS.
There are authorized to be appropriated to the Secretary for the
purpose of ensuring compliance with, and enforcing, the rights of air
travelers under sections 40127, 41705, and 41712 of title 49, United
States Code--
(1) $2,300,000 for fiscal year 2000;
(2) $2,415,000 for fiscal year 2001;
(3) $2,535,750 for fiscal year 2002; and
(4) $2,662,500 for fiscal year 2003.
[[Page 114 STAT. 103]]
SEC. 224. <<NOTE: Deadlines.>> AIRLINE CUSTOMER SERVICE REPORTS.
(a) Secretary To Report Plans Received.--Not later than September
15, 1999, each air carrier that provides scheduled passenger air
transportation and that is a member of the Air Transport Association,
all of which have entered into the voluntary customer service
commitments established by the Association on June 17, 1999 (in this
section referred to as the ``Airline Customer Service Commitment''),
shall provide a copy of its individual customer service plan to the
Secretary. Upon receipt of each individual plan, the Secretary shall
transmit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives notice of receipt of the plan, together with a
copy of the plan.
(b) Implementation.--The Inspector General of the Department of
Transportation shall monitor the implementation of any plan submitted by
an air carrier to the Secretary under subsection (a) and evaluate the
extent to which the carrier has met its commitments under its plan. The
carrier shall provide such information to the Inspector General as may
be necessary for the Inspector General to prepare the report required by
subsection (c).
(c) Reports to Congress.--
(1) Interim report.--
(A) In general.--Not later than June 15, 2000, the
Inspector General shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report containing the
Inspector General's findings under subsection (b).
(B) Contents.--The report shall include a status
report on completion, publication, and implementation of
the Airline Customer Service Commitment and the
individual air carrier's plans to carry it out. The
report shall also include a review of whether each air
carrier described in subsection (a) has modified its
contract of carriage or conditions of contract to
reflect each item of the Airline Customer Service
Commitment.
(2) Final report; recommendations.--
(A) In general.--Not later than December 31, 2000,
the Inspector General shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a final report on the
effectiveness of the Airline Customer Service Commitment
and the individual air carrier plans to carry it out,
including recommendations for improving accountability,
enforcement, and consumer protections afforded to
commercial air passengers.
(B) Specific content.--In the final report under
subparagraph (A), the Inspector General shall include
the following:
(i) An evaluation of each carrier's plan as to
whether it is consistent with the voluntary
commitments established by the Air Transport
Association in the Airline Customer Service
Commitment.
(ii) An evaluation of each carrier as to the
extent to which, and the manner in which, it has
performed in carrying out its plan.
[[Page 114 STAT. 104]]
(iii) A description, by air carrier, of how
the air carrier has implemented each commitment
covered by its plan.
(iv) An analysis, by air carrier, of the
methods of meeting each such commitment and, in
such analysis, provide information that allows
consumers to make decisions on the quality of air
transportation provided by such carriers.
(v) A comparison of each air carrier's plan
and the implementation of that plan with the
customer service provided by a representative
sampling of other air carriers providing scheduled
passenger air transportation with aircraft similar
in size to the aircraft used by the carrier that
submitted a plan so as to allow consumers to make
decisions as to the relative quality of air
transportation provided by each group of carriers.
In making this comparison, the Inspector General
shall give due regard to the differences in the
fares charged and the size of the air carriers
being compared.
SEC. 225. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE.
Not <<NOTE: Deadline.>> later than 30 days after the date of the
enactment of this Act, the Secretary shall initiate a rulemaking to
increase the domestic baggage liability limit in part 254 of title 14,
Code of Federal Regulations.
SEC. 226. COMPTROLLER GENERAL INVESTIGATION.
(a) Study.--The Comptroller General shall conduct a study on the
potential effects on aviation consumers, including the impact on fares
and service to small communities, of a requirement that air carriers
permit a ticketed passenger to use any portion of a multiple-stop or
round-trip air fare for transportation independent of any other portion
without penalty.
(b) Report.--Not <<NOTE: Deadline.>> later than June 15, 2000, the
Comptroller General shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study.
SEC. 227. AIRLINE SERVICE QUALITY PERFORMANCE REPORTS.
(a) Modification of Reports.--In consultation with the task force to
be established under subsection (b), the Secretary shall modify the
regulations in part 234 of title 14, Code of Federal Regulations,
relating to airline service quality performance reports, to disclose
more fully to the public the nature and source of delays and
cancellations experienced by air travelers.
(b) Task <<NOTE: Deadline.>> Force.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall establish a
task force including officials of the Federal Aviation Administration
and representatives of airline consumers and air carriers to develop
alternatives and criteria for the modifications to be made under
subsection (a).
(c) Use of Categories.--In making modifications under subsection
(a), the Secretary shall--
(1) establish categories that reflect the reasons for delays
and cancellations experienced by air travelers;
[[Page 114 STAT. 105]]
(2) require air carriers to use such categories in
submitting information to be included in airline service quality
performance reports; and
(3) use such categories in reports of the Department of
Transportation on information received in airline service
quality performance reports.
SEC. 228. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE
IN THE AIRLINE INDUSTRY.
(a) Establishment.--There is established a commission to be known as
the ``National Commission to Ensure Consumer Information and Choice in
the Airline Industry'' (in this section referred to as the
``Commission'').
(b) Duties.--
(1) Study.--The Commission shall undertake a study of--
(A) whether the financial condition of travel agents
is declining and, if so, the effect that this will have
on consumers; and
(B) whether there are impediments to information
regarding the services and products offered by the
airline industry and, if so, the effects of those
impediments on travel agents, Internet-based
distributors, and consumers.
(2) Small travel agents.--In conducting the study, the
Commission shall pay special attention to the condition of
travel agencies with $1,000,000 or less in annual revenues.
(c) Recommendations.--Based on the results of the study under
subsection (b), the Commission shall make such recommendations as it
considers necessary to improve the condition of travel agents,
especially travel agents described in subsection (b)(2), and to improve
consumer access to travel information.
(d) Membership.--
(1) Appointment.--The Commission shall be composed of nine
members as follows:
(A) Three members appointed by the Secretary.
(B) Two members appointed by the Speaker of the
House of Representatives.
(C) One member appointed by the minority leader of
the House of Representatives.
(D) Two members appointed by the majority leader of
the Senate.
(E) One member appointed by the minority leader of
the Senate.
(2) Qualifications.--Of the members appointed by the
Secretary under paragraph (1)(A)--
(A) one member shall be a representative of the
travel agent industry;
(B) one member shall be a representative of the
airline industry; and
(C) one member shall be an individual who is not a
representative of either of the industries referred to
in subparagraphs (A) and (B).
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
[[Page 114 STAT. 106]]
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(6) Chairperson.--The member appointed by the Secretary of
Transportation under paragraph (2)(C) shall serve as the
Chairperson of the Commission (referred to in this section as
the ``Chairperson'').
(e) Commission Panels.--The Chairperson shall establish such panels
consisting of members of the Commission as the Chairperson determines
appropriate to carry out the functions of the Commission.
(f ) Staff.--The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
(g) Staff of Federal Agencies.--Upon request of the Commission, the
head of any department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or agency to
the Commission to assist it in carrying out its duties under this
section.
(h) Other Staff and Support.--Upon the request of the Commission, or
a panel of the Commission, the Secretary of Transportation shall provide
the Commission or panel with professional and administrative staff and
other support, on a reimbursable basis, to assist the Commission or
panel in carrying out its responsibilities.
(i) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information (other
than information required by any statute of the United States to be kept
confidential by such department or agency) necessary for the Commission
to carry out its duties under this section. Upon request of the
Commission, the head of that department or agency shall furnish such
nonconfidential information to the Commission.
( j) Report.--Not <<NOTE: Deadline.>> later than 6 months after the
date on which initial appointments of members to the Commission are
completed, the Commission shall transmit to the President and Congress a
report on the activities of the Commission, including recommendations
made by the Commission under subsection (c).
(k) Termination.--The Commission shall terminate on the 30th day
following the date of transmittal of the report under subsection ( j).
(l) Applicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
Subtitle C--Competition
SEC. 231. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.
(a) Rules That Apply to All Slot Exemption Requests.--
(1) Prompt consideration of requests.--Section 41714(i) is
amended to read as follows:
``(i) 60-Day Application Process.--
``(1) Request for slot exemptions.--Any slot exemption
request filed with the Secretary under this section or section
41716 or 41717 (other than subsection (c)) shall include--
``(A) the names of the airports to be served;
[[Page 114 STAT. 107]]
``(B) the times requested; and
``(C) such additional information as the Secretary
may require.
``(2) Action on request; failure to act.--Within 60 days
after a slot exemption request under this section or section
41716 or 41717 (other than subsection (c)) is received by the
Secretary, the Secretary shall--
``(A) approve the request if the Secretary
determines that the requirements of the section under
which the request is made are met;
``(B) return the request to the applicant for
additional information relating to the request to
provide air transportation; or
``(C) deny the request and state the reasons for its
denial.
``(3) 60-day period tolled for timely request for more
information.--If the Secretary returns under paragraph (2)(B)
the request for additional information during the first 20 days
after the request is filed, then the 60-day period under
paragraph (2) shall be tolled until the date on which the
additional information is filed with the Secretary.
``(4) Failure to determine deemed approval.--If the
Secretary neither approves the request under paragraph (2)(A)
nor denies the request under paragraph (2)(C) within the 60-day
period beginning on the date the request is received, excepting
any days during which the 60-day period is tolled under
paragraph (3), then the request is deemed to have been approved
on the 61st day, after the request was filed with the
Secretary.''.
(2) Exemptions may not be transferred.--Section 41714 is
further amended by adding at the end the following:
``( j) Exemptions May Not Be Transferred.--No exemption from the
requirements of subparts K and S of part 93 of title 14, Code of Federal
Regulations, granted under this section or section 41716, 41717, or
41718 may be bought, sold, leased, or otherwise transferred by the
carrier to which it is granted.''.
(3) Equal treatment of affiliated carriers.--Section 41714
(as amended by paragraph (2) of this subsection) is further
amended by adding at the end the following:
``(k) Affiliated Carriers.--For purposes of this section and
sections 41716, 41717, and 41718, an air carrier that operates under the
same designator code, or has or enters into a code-share agreement, with
any other air carrier shall not qualify for a new slot or slot exemption
as a new entrant or limited incumbent air carrier at an airport if the
total number of slots and slot exemptions held by the two carriers at
the airport exceed 20 slots and slot exemptions.''.
(4) New entrant slots.--Section 41714(c) is amended--
(A) by striking the subsection designation and
heading and ``(1) In general.--If the Secretary'' and
inserting the following:
``(c) Slots for New Entrants.--If the Secretary'';
(B) by striking ``and the circumstances to be
exceptional''; and
(C) by striking paragraph (2).
(5) Definitions.--Section 41714(h) is amended--
[[Page 114 STAT. 108]]
(A) by striking ``and section 41734(h)'' and
inserting ``and sections 41715-41718 and 41734(h)'';
(B) in paragraph (3) by striking ``as defined'' and
all that follows through ``Federal Regulations''; and
(C) by adding at the end the following:
``(5) Limited incumbent air carrier.--The term `limited
incumbent air carrier' has the meaning given that term in
subpart S of part 93 of title 14, Code of Federal Regulations;
except that--
``(A) `20' shall be substituted for `12' in sections
93.213(a)(5), 93.223(c)(3), and 93.225(h);
``(B) for purposes of such sections, the term `slot'
shall include `slot exemptions'; and
``(C) for Ronald Reagan Washington National Airport,
the Administrator shall not count, for the purposes of
section 93.213(a)(5), slots currently held by an air
carrier but leased out on a long-term basis by that
carrier for use in foreign air transportation and
renounced by the carrier for return to the Department of
Transportation or the Federal Aviation Administration.
``(6) Regional jet.--The term `regional jet' means a
passenger, turbofan-powered aircraft with a certificated maximum
passenger seating capacity of less than 71.
``(7) Nonhub airport.--The term `nonhub airport' means an
airport that had less than .05 percent of the total annual
boardings in the United States as determined under the Federal
Aviation Administration's Primary Airport Enplanement Activity
Summary for Calendar Year 1997.
``(8) Small hub airport.--The term `small hub airport' means
an airport that had at least .05 percent, but less than .25
percent, of the total annual boardings in the United States as
determined under the summary referred to in paragraph (7).
``(9) Medium hub airport.--The term `medium hub airport'
means an airport that each year has at least .25 percent, but
less than 1.0 percent, of the total annual boardings in the
United States as determined under the summary referred to in
paragraph (7).''.
(b) Phase-out of Slot Rules.--Chapter 417 is amended--
(1) by redesignating sections 41715 and 41716 as sections
41719 and 41720; and
(2) by inserting after section 41714 the following:
``Sec. 41715. Phase-out of slot rules at certain airports
``(a) Termination.--The rules contained in subparts S and K of part
93, title 14, Code of Federal Regulations, shall not apply--
``(1) after July 1, 2002, at Chicago O'Hare International
Airport; and
``(2) after January 1, 2007, at LaGuardia Airport or John F.
Kennedy International Airport.
``(b) Statutory Construction.--Nothing in this section and sections
41714 and 41716-41718 shall be construed--
``(1) as affecting the Federal Aviation Administration's
authority for safety and the movement of air traffic; and
``(2) as affecting any other authority of the Secretary to
grant exemptions under section 41714.
``(c) Factors To Consider.--
[[Page 114 STAT. 109]]
``(1) In general.--Before the award of slot exemptions under
sections 41714 and 41716-41718, the Secretary of Transportation
may consider, among other determining factors, whether the
petitioning air carrier's proposal provides the maximum benefit
to the United States economy, including the number of United
States jobs created by the air carrier, its suppliers, and
related activities. The Secretary should give equal
consideration to the consumer benefits associated with the award
of such exemptions.
``(2) Applicability.--Paragraph (1) does not apply in any
case in which the air carrier requesting the slot exemption is
proposing to use under the exemption a type of aircraft for
which there is not a competing United States manufacturer.''.
(c) Special Rules Affecting LaGuardia Airport and John F. Kennedy
International Airport.--Chapter 417 (as amended by subsection (b) of
this section) is amended by inserting after section 41715 the following:
``Sec. 41716. Interim slot rules at New York airports
``(a) Exemptions for Air Service to Small and Nonhub Airports.--
Subject to section 41714(i), the Secretary of Transportation shall
grant, by order, exemptions from the requirements under subparts K and S
of part 93 of title 14, Code of Federal Regulations (pertaining to slots
at high density airports) to any air carrier to provide nonstop air
transportation, using an aircraft with a certificated maximum seating
capacity of less than 71, between LaGuardia Airport or John F. Kennedy
International Airport and a small hub airport or nonhub airport--
``(1) if the air carrier was not providing such air
transportation during the week of November 1, 1999;
``(2) if the number of flights to be provided between such
airports by the air carrier during any week will exceed the
number of flights provided by the air carrier between such
airports during the week of November 1, 1999; or
``(3) if the air transportation to be provided under the
exemption will be provided with a regional jet as replacement of
turboprop air transportation that was being provided during the
week of November 1, 1999.
``(b) Exemptions for New Entrant and Limited Incumbent Air
Carriers.--Subject to section 41714(i), the Secretary shall grant, by
order, exemptions from the requirements under subparts K and S of part
93 of title 14, Code of Federal Regulations (pertaining to slots at high
density airports), to any new entrant air carrier or limited incumbent
air carrier to provide air transportation to or from LaGuardia Airport
or John F. Kennedy International Airport if the number of slot
exemptions granted under this subsection to such air carrier with
respect to such airport when added to the slots and slot exemptions held
by such air carrier with respect to such airport does not exceed 20.
``(c) Stage 3 Aircraft Required.--An exemption may not be granted
under this section with respect to any aircraft that is not a Stage 3
aircraft (as defined by the Secretary).
``(d) Preservation of Certain Existing Slot-Related Air Service.--An
air carrier that provides air transportation of passengers from
LaGuardia Airport or John F. Kennedy International Airport to a small
hub airport or nonhub airport, or to an airport
[[Page 114 STAT. 110]]
that is smaller than a nonhub airport, on or before the date of the
enactment of this subsection pursuant to an exemption from the
requirements of subparts K and S of part 93 of title 14, Code of Federal
Regulations (pertaining to slots at high density airports), or where
slots were issued to an air carrier conditioned on a specific airport
being served, may not terminate air transportation for that route before
July 1, 2003, unless--
``(1) before October 1, 1999, the Secretary received a
written air service termination notice for that route; or
``(2) after September 30, 1999, the air carrier submits an
air service termination notice under section 41719 for that
route and the Secretary determines that the carrier suffered
excessive losses, including substantial losses on operations on
that route during any three quarters of the year immediately
preceding the date of submission of the notice.''.
(d) Special Rules Affecting Chicago O'Hare International Airport.--
(1) Nonstop regional jet, new entrants, and limited
incumbents.--Chapter 417 (as amended by subsection (c) of this
section) is further amended by inserting after section 41716 the
following:
``Sec. 41717. Interim application of slot rules at Chicago O'Hare
International Airport
``(a) Slot Operating Window Narrowed.--Effective July 1, 2001, the
requirements of subparts K and S of part 93 of title 14, Code of Federal
Regulations, do not apply with respect to aircraft operating before 2:45
post meridiem and after 8:14 post meridiem at Chicago O'Hare
International Airport.
``(b) Exemptions for Air Service to Small and Nonhub Airports.--
Effective May 1, 2000, subject to section 41714(i), the Secretary of
Transportation shall grant, by order, exemptions from the requirements
of subparts K and S of part 93 of title 14, Code of Federal Regulations
(pertaining to slots at high density airports), to any air carrier to
provide nonstop air transportation, using an aircraft with a
certificated maximum seating capacity of less than 71, between Chicago
O'Hare International Airport and a small hub or nonhub airport--
``(1) if the air carrier was not providing such air
transportation during the week of November 1, 1999;
``(2) if the number of flights to be provided between such
airports by the air carrier during any week will exceed the
number of flights provided by the air carrier between such
airports during the week of November 1, 1999; or
``(3) if the air transportation to be provided under the
exemption will be provided with a regional jet as replacement of
turboprop air transportation that was being provided during the
week of November 1, 1999.
``(c) Exemptions for New Entrant and Limited Incumbent Air
Carriers.--
``(1) In general.--The Secretary shall grant, by order, 30
exemptions from the requirements under subparts K and S of part
93 of title 14, Code of Federal Regulations, to any new entrant
air carrier or limited incumbent air carrier to provide air
transportation to or from Chicago O'Hare International Airport.
[[Page 114 STAT. 111]]
``(2) Deadline for granting exemptions.--The Secretary shall
grant an exemption under paragraph (1) within 45 days of the
date of the request for such exemption if the person making the
request qualifies as a new entrant air carrier or limited
incumbent air carrier.
``(d) Slots Used To Provide Turboprop Service.--
``(1) In general.--Except as provided in paragraph (2), a
slot used to provide turboprop air transportation that is
replaced with regional jet air transportation under subsection
(b)(3) may not be used, sold, leased, or otherwise transferred
after the date the slot exemption is granted to replace the
turboprop air transportation.
``(2) Two-for-one exception.--An air carrier that otherwise
could not use 2 slots as a result of paragraph (1) may use 1 of
such slots to provide air transportation.
``(3) Withdrawal of slot.--If the Secretary determines that
an air carrier that is using a slot under paragraph (2) is no
longer providing the air transportation that replaced the
turboprop air transportation, the Secretary shall withdraw the
slot that is being used under paragraph (2).
``(4) Continuation.--If the Secretary determines that an air
carrier that is using a slot under paragraph (2) is no longer
providing the air transportation that replaced the turboprop air
transportation with a regional jet, the Secretary shall withdraw
the slot being used by the air carrier under paragraph (2) but
shall allow the air carrier to continue to hold the exemption
granted to the air carrier under subsection (b)(3).
``(e) International Service at O'Hare Airport.--
``(1) Termination of requirements.--Subject to paragraph
(2), the requirements of subparts K and S of part 93 of title
14, Code of Federal Regulations, shall be of no force and effect
at Chicago O'Hare International Airport after May 1, 2000, with
respect to any aircraft providing foreign air transportation.
``(2) Exception relating to reciprocity.--The Secretary may
limit access to Chicago O'Hare International Airport with
respect to foreign air transportation being provided by a
foreign air carrier domiciled in a country to which an air
carrier provides nonstop air transportation from the United
States if the country in which that carrier is domiciled does
not provide reciprocal airport access for air carriers.
``(f ) Stage 3 Aircraft Required.--An exemption may not be granted
under this section with respect to any aircraft that is not a Stage 3
aircraft (as defined by the Secretary).
``(g) Preservation of Certain Existing Slot-Related Air Service.--An
air carrier that provides air transportation of passengers from Chicago
O'Hare International Airport to a small hub airport or nonhub airport,
or to an airport that is smaller than a nonhub airport, on or before the
date of the enactment of this subsection pursuant to an exemption from
the requirements of subparts K and S of part 93 of title 14, Code of
Federal Regulations (pertaining to slots at high density airports), or
where slots were issued to an air carrier conditioned on a specific
airport being served, may not terminate air transportation service for
that route for a period of 1 year after the date on which those
requirements cease to apply to such airport unless--
[[Page 114 STAT. 112]]
``(1) before October 1, 1999, the Secretary received a
written air service termination notice for that route; or
``(2) after September 30, 1999, the air carrier submits an
air service termination notice under section 41719 for that
route and the Secretary determines that the carrier suffered
excessive losses, including substantial losses on operations on
that route during the calendar quarters immediately preceding
submission of the notice.''.
(2) Elimination of basic essential air service exemption
limit.--Section 41714(a)(3) is amended by striking ``; except
that'' and all that follows through ``132 slots''.
(3) Prohibition of slot withdrawals.--Section 41714(b)(2) is
amended--
(A) by inserting ``at Chicago O'Hare International
Airport'' after ``a slot''; and
(B) by striking ``if the withdrawal'' and all that
follows through ``1993''.
(4) Conversions.--Section 41714(b)(4) is amended to read as
follows:
``(4) Conversions <<NOTE: Effective date.>> of slots.--
Effective May 1, 2000, slots at Chicago O'Hare International
Airport allocated to an air carrier as of November 1, 1999, to
provide foreign air transportation shall be made available to
such carrier to provide interstate or intrastate air
transportation.''.
(5) Return <<NOTE: 49 USC 41714 note.>> of withdrawn
slots.--The Secretary shall return any slot withdrawn from an
air carrier under section 41714(b) of title 49, United States
Code, before the date of the enactment of this Act, to that
carrier on April 30, 2000.
(e) Special Rules Affecting Reagan Washington National Airport.--
(1) In general.--Chapter 417 (as amended by subsection (d)
of this section) is further amended by inserting after section
41717 the following:
``Sec. 41718. Special rules for Ronald Reagan Washington National
Airport
``(a) Beyond-Perimeter Exemptions.--The Secretary shall grant, by
order, 12 exemptions from the application of sections 49104(a)(5),
49109, 49111(e), and 41714 of this title to air carriers to operate
limited frequencies and aircraft on select routes between Ronald Reagan
Washington National Airport and domestic hub airports and exemptions
from the requirements of subparts K and S of part 93, Code of Federal
Regulations, if the Secretary finds that the exemptions will--
``(1) provide air transportation with domestic network
benefits in areas beyond the perimeter described in that
section;
``(2) increase competition by new entrant air carriers or in
multiple markets;
``(3) not reduce travel options for communities served by
small hub airports and medium hub airports within the perimeter
described in section 49109; and
``(4) not result in meaningfully increased travel delays.
``(b) Within-Perimeter Exemptions.--The Secretary shall grant, by
order, 12 exemptions from the requirements of sections 49104(a)(5),
49111(e), and 41714 of this title and subparts K and S of part 93 of
title 14, Code of Federal Regulations, to air carriers for providing air
transportation to airports that were designated
[[Page 114 STAT. 113]]
as medium hub or smaller airports within the perimeter established for
civil aircraft operations at Ronald Reagan Washington National Airport
under section 49109. The Secretary shall develop criteria for
distributing slot exemptions for flights within the perimeter to such
airports under this paragraph in a manner that promotes air
transportation--
``(1) by new entrant air carriers and limited incumbent air
carriers;
``(2) to communities without existing nonstop air
transportation to Ronald Reagan Washington National Airport;
``(3) to small communities;
``(4) that will provide competitive nonstop air
transportation on a monopoly nonstop route to Ronald Reagan
Washington National Airport; or
``(5) that will produce the maximum competitive benefits,
including low fares.
``(c) Limitations.--
``(1) Stage 3 aircraft required.--An exemption may not be
granted under this section with respect to any aircraft that is
not a Stage 3 aircraft (as defined by the Secretary).
``(2) General exemptions.--The exemptions granted under
subsections (a) and (b) may not be for operations between the
hours of 10:00 p.m. and 7:00 a.m. and may not increase the
number of operations at Ronald Reagan Washington National
Airport in any 1-hour period during the hours between 7:00 a.m.
and 9:59 p.m. by more than two operations.
``(3) Allocation of within-perimeter exemptions.--Of the
exemptions granted under subsection (b)--
``(A) four shall be for air transportation to small
hub airports and nonhub airports; and
``(B) eight shall be for air transportation to
medium hub and smaller airports.
``(4) Applicability to exemption no. 5133.--Nothing in this
section affects Exemption No. 5133, as from time-to-time amended
and extended.
``(d) Application Process.--
``(1) Deadline for submission.--All requests for exemptions
under this section must be submitted to the Secretary not later
than the 30th day following the date of the enactment of this
subsection.
``(2) Deadline for comments.--All comments with respect to
any request for an exemption under this section must be
submitted to the Secretary not later than the 45th day following
the date of the enactment of this subsection.
``(3) Deadline for final decision.--Not later than the 90th
day following the date of the enactment of this Act, the
Secretary shall make a decision regarding whether to approve or
deny any request that is submitted to the Secretary in
accordance with paragraph (1).
``(e) Applicability of Certain Laws.--Neither the request for, nor
the granting of an exemption, under this section shall be considered for
purposes of any Federal law a major Federal action significantly
affecting the quality of the human environment.''.
(2) Override of mwaa restriction.--Section 49104(a)(5) is
amended by adding at the end thereof the following:
``(D) Subparagraph (C) does not apply to any increase in the
number of instrument flight rule takeoffs and landings
[[Page 114 STAT. 114]]
necessary to implement exemptions granted by the Secretary under
section 41718.''.
(3) MWAA noise-related grant assurances.--
(A) In general.--In addition to any condition for
approval of an airport development project that is the
subject of a grant application submitted to the
Secretary under chapter 471 of title 49, United States
Code, by the Metropolitan Washington Airports Authority,
the Authority shall be required to submit a written
assurance that, for each such grant made for use at
Ronald Reagan Washington National Airport for fiscal
year 2000 or any subsequent fiscal year--
(i) the Authority will make available for that
fiscal year funds for noise compatibility planning
and programs that are eligible to receive funding
under such chapter in an amount not less than 10
percent of the amount apportioned to the Ronald
Reagan Washington National Airport under section
47114 of such title for that fiscal year; and
(ii) the Authority will not divert funds from
a high priority safety project in order to make
funds available for noise compatibility planning
and programs.
(B) Waiver.--The Secretary may waive the
requirements of subparagraph (A) for any fiscal year for
which the Secretary determines that the Authority is in
compliance with applicable airport noise compatibility
planning and program requirements under part 150 of
title 14, Code of Federal Regulations.
(C) Sunset.--This paragraph shall cease to be in
effect 5 years after the date of the enactment of this
Act if on that date the Secretary certifies that the
Authority has achieved compliance with applicable noise
compatibility planning and program requirements under
part 150 of title 14, Code of Federal Regulations.
(4) Report.--Not <<NOTE: Deadline.>> later than 1 year after
the date of the enactment of this Act, the Secretary shall
certify to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, the
governments of Maryland, Virginia, and West Virginia, and the
metropolitan planning organization for Washington, D.C., that
noise standards, air traffic congestion, airport-related
vehicular congestion, safety standards, and adequate air service
to communities served by small hub airports and medium hub
airports within the perimeter described in section 49109 of
title 49, United States Code, have been maintained at
appropriate levels.
(f ) Noise Compatibility Planning and Programs.--Section 47117(e) is
amended by adding at the end the following:
``(3) Priority.--The Secretary shall give priority in making
grants under paragraph (1)(A) to applications for airport noise
compatibility planning and programs at and around--
``(A) Chicago O'Hare International Airport;
``(B) LaGuardia Airport;
``(C) John F. Kennedy International Airport; and
``(D) Ronald Reagan Washington National Airport.''.
[[Page 114 STAT. 115]]
(g) Study of Community Noise Levels Around High Density Airports.--
The Secretary shall study community noise levels in the areas
surrounding the four high-density airports in fiscal year 2001 and
compare those levels with the levels in such areas before 1991.
(h) Extension of Application Approvals.--Section 49108 is amended by
striking ``2001'' and inserting ``2004''.
(i) Elimination of Deadline for Appointment of Members to Board of
Directors.--Section 49106(c)(6) is amended by striking subparagraph (C)
and by redesignating subparagraph (D) as subparagraph (C).
( j) Conforming Amendments.--
(1) Operation limitations.--Section 49111 is amended by
striking subsection (e).
(2) Chapter analysis.--The analysis for subchapter I of
chapter 417 is amended--
(A) redesignating the items relating to sections
41715 and 41716 as items relating to sections 41719 and
41720, respectively; and
(B) by inserting after the item relating to section
41714 the following:
``41715. Phase-out of slot rules at certain airports.
``41716. Interim slot rules at New York airports.
``41717. Interim application of slot rules at Chicago O'Hare
International Airport.
``41718. Special Rules for Ronald Reagan Washington National Airport.''.
TITLE III--FAA MANAGEMENT REFORM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.
Section 40102(a) is amended by adding at the end the following:
``(42) `air traffic control system' means the combination of
elements used to safely and efficiently monitor, direct,
control, and guide aircraft in the United States and United
States-assigned airspace, including--
``(A) allocated electromagnetic spectrum and
physical, real, personal, and intellectual property
assets making up facilities, equipment, and systems
employed to detect, track, and guide aircraft movement;
``(B) laws, regulations, orders, directives,
agreements, and licenses;
``(C) published procedures that explain required
actions, activities, and techniques used to ensure
adequate aircraft separation; and
``(D) trained personnel with specific technical
capabilities to satisfy the operational, engineering,
management, and planning requirements for air traffic
control.''.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT.
(a) Aviation Management Advisory Council.--
(1) Membership.--Section 106(p)(2) is amended--
(A) by striking ``and'' at the end of subparagraph
(B); and
(B) by striking subparagraph (C) and inserting the
following:
``(C) 10 members representing aviation interests,
appointed by--
[[Page 114 STAT. 116]]
``(i) in the case of initial appointments to
the Council, the President by and with the advice
and consent of the Senate; and
``(ii) in the case of subsequent appointments
to the Council, the Secretary of Transportation;
``(D) 1 member appointed, from among individuals who
are the leaders of their respective unions of air
traffic control system employees, by--
``(i) in the case of initial appointments to
the Council, the President by and with the advice
and consent of the Senate; and
``(ii) in the case of subsequent appointments
to the Council, the Secretary of Transportation;
and
``(E) 5 members appointed by the Secretary after
consultation with the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.''.
(2) Qualifications.--Section 106(p)(3) is amended--
(A) by inserting ``(A) No federal officer or
employee.--'' before ``No member'';
(B) by inserting ``or (2)(E)'' after ``paragraph
(2)(C)'';
(C) by adding at the end the following:
``(B) Air traffic services subcommittee.--Members
appointed under paragraph (2)(E) shall--
``(i) have a fiduciary responsibility to
represent the public interest;
``(ii) be citizens of the United States; and
``(iii) be appointed without regard to
political affiliation and solely on the basis of
their professional experience and expertise in one
or more of the following areas:
``(I) Management of large service
organizations.
``(II) Customer service.
``(III) Management of large
procurements.
``(IV) Information and
communications technology.
``(V) Organizational development.
``(VI) Labor relations.
At least one of such members should have a background in
managing large organizations successfully. In the
aggregate, such members should collectively bring to
bear expertise in all of the areas described in
subclauses (I) through (VI).
``(C) Prohibitions on members of subcommittee.--No
member appointed under paragraph (2)(E) may--
``(i) have a pecuniary interest in, or own
stock in or bonds of, an aviation or aeronautical
enterprise, except an interest in a diversified
mutual fund or an interest that is exempt from the
application of section 208 of title 18;
``(ii) engage in another business related to
aviation or aeronautics; or
``(iii) be a member of any organization that
engages, as a substantial part of its activities,
in activities to influence aviation-related
legislation.''; and
[[Page 114 STAT. 117]]
(D) by indenting subparagraph (A) (as designated by
subparagraph (A) of this paragraph) and aligning it with
subparagraph (B) of such section (as added by
subparagraph (C) of this paragraph).
(b) Terms of Members.--Section 106(p)(6) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (J), (K), and (L), respectively; and
(2) by striking subparagraph (A) and inserting the
following:
``(A) Terms of members appointed under paragraph
(2)(c).--Members of the Council appointed under
paragraph (2)(C) shall be appointed for a term of 3
years. Of the members first appointed by the President
under paragraph (2)(C)--
``(i) 3 shall be appointed for terms of 1
year;
``(ii) 4 shall be appointed for terms of 2
years; and
``(iii) 3 shall be appointed for terms of 3
years.
``(B) Term for air traffic control representative.--
The member appointed under paragraph (2)(D) shall be
appointed for a term of 3 years, except that the term of
such individual shall end whenever the individual no
longer meets the requirements of paragraph (2)(D).
``(C) Terms for air traffic services subcommittee
members.--The member appointed under paragraph (2)(E)
shall be appointed for a term of 5 years, except that of
the members first appointed under paragraph (2)(E)--
``(i) 2 members shall be appointed for a term
of 3 years;
``(ii) 2 members shall be appointed for a term
of 4 years; and
``(iii) 1 member shall be appointed for a term
of 5 years.
``(D) Reappointment.--An individual may not be
appointed under paragraph (2)(E) to more than two 5-year
terms.
``(E) Vacancy.--Any vacancy on the Council shall be
filled in the same manner as the original appointment,
except that any vacancy caused by a member appointed by
the President under paragraph (2)(C)(i) shall be filled
by the Secretary in accordance with paragraph
(2)(C)(ii). Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed for the remainder of that term.
``(F) Continuation in office.--A member whose term
expires shall continue to serve until the date on which
the member's successor takes office.
``(G) Removal.--Any member of the Council appointed
under paragraph (2)(D) may be removed for cause by the
President or Secretary whoever makes the appointment.
Any member of the Council appointed under paragraph
(2)(E) may be removed for cause by the Secretary.
``(H) Claims against members of subcommittee.--
``(i) In general.--A member appointed under
paragraph (2)(E) shall have no personal liability
under Federal law with respect to any claim
arising out of
[[Page 114 STAT. 118]]
or resulting from an act or omission by such
member within the scope of service as a member of
the Air Traffic Services Subcommittee.
``(ii) Effect on other law.--This subparagraph
shall not be construed--
``(I) to affect any other immunity
or protection that may be available to a
member of the Subcommittee under
applicable law with respect to such
transactions;
``(II) to affect any other right or
remedy against the United States under
applicable law; or
``(III) to limit or alter in any way
the immunities that are available under
applicable law for Federal officers and
employees.
``(I) Ethical considerations.--
``(i) Financial disclosure.--During the entire
period that an individual appointed under
paragraph (2)(E) is a member of the Subcommittee,
such individual shall be treated as serving as an
officer or employee referred to in section 101(f )
of the Ethics in Government Act of 1978 for
purposes of title I of such Act; except that
section 101(d) of such Act shall apply without
regard to the number of days of service in the
position.
``(ii) Restrictions on post-employment.--For
purposes of section 207(c) of title 18, an
individual appointed under paragraph (2)(E) shall
be treated as an employee referred to in section
207(c)(2)(A)(i) of such title during the entire
period the individual is a member of the
Subcommittee; except that subsections (c)(2)(B)
and (f ) of section 207 of such title shall not
apply.''.
(c) Air Traffic Services Subcommittee.--Section 106(p) is amended by
adding at the end the following:
``(7) Air traffic services subcommittee.--
``(A) In general.--The Management Advisory Council
shall have an air traffic services subcommittee (in this
paragraph referred to as the `Subcommittee') composed of
the five members appointed under paragraph (2)(E).
``(B) General responsibilities.--
``(i) Oversight.--The Subcommittee shall
oversee the administration, management, conduct,
direction, and supervision of the air traffic
control system.
``(ii) Confidentiality.--The Subcommittee
shall ensure that appropriate confidentiality is
maintained in the exercise of its duties.
``(C) Specific responsibilities.--The Subcommittee
shall have the following specific responsibilities:
``(i) Strategic plans.--To review, approve,
and monitor the strategic plan for the air traffic
control system, including the establishment of--
``(I) a mission and objectives;
``(II) standards of performance
relative to such mission and objectives,
including safety, efficiency, and
productivity; and
``(III) annual and long-range
strategic plans.
[[Page 114 STAT. 119]]
``(ii) Modernization and improvement.--To
review and approve--
``(I) methods to accelerate air
traffic control modernization and
improvements in aviation safety related
to air traffic control; and
``(II) procurements of air traffic
control equipment in excess of
$100,000,000.
``(iii) Operational plans.--To review the
operational functions of the air traffic control
system, including--
``(I) plans for modernization of the
air traffic control system;
``(II) plans for increasing
productivity or implementing cost-saving
measures; and
``(III) plans for training and
education.
``(iv) Management.--To--
``(I) review and approve the
Administrator's appointment of a Chief
Operating Officer under section 106(r);
``(II) review the Administrator's
selection, evaluation, and compensation
of senior executives of the
Administration who have program
management responsibility over
significant functions of the air traffic
control system;
``(III) review and approve the
Administrator's plans for any major
reorganization of the Administration
that would impact on the management of
the air traffic control system;
``(IV) review and approve the
Administrator's cost accounting and
financial management structure and
technologies to help ensure efficient
and cost-effective air traffic control
operation; and
``(V) review the performance and
compensation of managers responsible for
major acquisition projects, including
the ability of the managers to meet
schedule and budget targets.
``(v) Budget.--To--
``(I) review and approve the budget
request of the Administration related to
the air traffic control system prepared
by the Administrator;
``(II) submit such budget request to
the Secretary; and
``(III) ensure that the budget
request supports the annual and long-
range strategic plans.
The Secretary shall submit the budget request referred
to in clause (v)(II) for any fiscal year to the
President who shall transmit such request, without
revision, to the Committees on Transportation and
Infrastructure and Appropriations of the House of
Representatives and the Committees on Commerce, Science,
and Transportation and Appropriations of the Senate,
together with the President's annual budget request for
the Federal Aviation Administration for such fiscal
year.
``(D) Subcommittee personnel matters.--
``(i) Compensation of members.--Each member of
the Subcommittee shall be compensated at a rate of
$25,000 per year.
[[Page 114 STAT. 120]]
``(ii) Compensation of chairperson.--
Notwithstanding clause (i), the chairperson of the
Subcommittee shall be compensated at a rate of
$40,000 per year.
``(iii) Staff.--The chairperson of the
Subcommittee may appoint and terminate any
personnel that may be necessary to enable the
Subcommittee to perform its duties.
``(iv) Procurement of temporary and
intermittent services.--The chairperson of the
Subcommittee may procure temporary and
intermittent services under section 3109(b) of
title 5, United States Code.
``(E) Administrative matters.--
``(i) Term of chair.--The members of the
Subcommittee shall elect for a 2-year term a
chairperson from among the members of the
Subcommittee.
``(ii) Powers of chair.--Except as otherwise
provided by a majority vote of the Subcommittee,
the powers of the chairperson shall include--
``(I) establishing committees;
``(II) setting meeting places and
times;
``(III) establishing meeting
agendas; and
``(IV) developing rules for the
conduct of business.
``(iii) Meetings.--The Subcommittee shall meet
at least quarterly and at such other times as the
chairperson determines appropriate.
``(iv) Quorum.--Three members of the
Subcommittee shall constitute a quorum. A majority
of members present and voting shall be required
for the Subcommittee to take action.
``(F) Reports.--
``(i) Annual.--The Subcommittee shall each
year report with respect to the conduct of its
responsibilities under this title to the
Administrator, the Council, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
``(ii) Additional report.--If a determination
by the Subcommittee under subparagraph (B)(i) that
the organization and operation of the air traffic
control system are not allowing the Administration
to carry out its mission, the Subcommittee shall
report such determination to the Administrator,
the Council, the Committee on Transportation and
Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and
Transportation of the Senate.
``(iii) Action <<NOTE: Deadline.>> of
administrator on report.--Not later than 60 days
after the date of a report of the Subcommittee
under this subparagraph, the Administrator shall
take action with respect to such report. If the
Administrator overturns a recommendation of the
Subcommittee, the Administrator shall report such
action to the President, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
[[Page 114 STAT. 121]]
``(iv) Comptroller general's report.--Not
later than April 30, 2003, the Comptroller General
of the United States shall transmit to the
Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report on the success of the Subcommittee
in improving the performance of the air traffic
control system.
``(8) Air traffic control system defined.--In this section,
the term `air traffic control system' has the meaning such term
has under section 40102(a).''.
(d) Effective <<NOTE: 49 USC 106 note.>> Dates.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Initial nominations to air traffic services
subcommittee.--The <<NOTE: Deadline.>> Secretary shall make the
initial appointments of the Air Traffic Services Subcommittee of
the Aviation Management Advisory Council not later than 3 months
after the date of the enactment of this Act.
(3) Effect on actions prior to appointment of
subcommittee.--Nothing in this section shall be construed to
invalidate the actions and authority of the Federal Aviation
Administration prior to the appointment of the members of the
Air Traffic Services Subcommittee.
SEC. 303. CHIEF OPERATING OFFICER.
Section 106 is amended by adding at the end the following:
``(r) Chief Operating Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief Operating
Officer for the air traffic control system to be
appointed by the Administrator, with the approval of the
Air Traffic Services Subcommittee of the Aviation
Management Advisory Council. The Chief Operating Officer
shall report directly to the Administrator and shall be
subject to the authority of the Administrator.
``(B) Qualifications.--The Chief Operating Officer
shall have a demonstrated ability in management and
knowledge of or experience in aviation.
``(C) Term.--The Chief Operating Officer shall be
appointed for a term of 5 years.
``(D) Removal.--The Chief Operating Officer shall
serve at the pleasure of the Administrator, except that
the Administrator shall make every effort to ensure
stability and continuity in the leadership of the air
traffic control system.
``(E) Vacancy.--Any individual appointed to fill a
vacancy in the position of Chief Operating Officer
occurring before the expiration of the term for which
the individual's predecessor was appointed shall be
appointed for the remainder of that term.
``(2) Compensation.--
``(A) In general.--The Chief Operating Officer shall
be paid at an annual rate of basic pay equal to the
annual rate of basic pay of the Administrator. The Chief
Operating Officer shall be subject to the post-
employment provisions
[[Page 114 STAT. 122]]
of section 207 of title 18 as if this position were
described in section 207(c)(2)(A)(i) of that title.
``(B) Bonus.--In addition to the annual rate of
basic pay authorized by subparagraph (A), the Chief
Operating Officer may receive a bonus for any calendar
year not to exceed 30 percent of the annual rate of
basic pay, based upon the Administrator's evaluation of
the Chief Operating Officer's performance in relation to
the performance goals set forth in the performance
agreement described paragraph (3).
``(3) Annual performance agreement.--The Administrator and
the Chief Operating Officer, in consultation with the Air
Traffic Control Subcommittee of the Aviation Management Advisory
Committee, shall enter into an annual performance agreement that
sets forth measurable organization and individual goals for the
Chief Operating Officer in key operational areas. The agreement
shall be subject to review and renegotiation on an annual basis.
``(4) Annual performance report.--The Chief Operating
Officer shall prepare and transmit to the Secretary of
Transportation and Congress an annual management report
containing such information as may be prescribed by the
Secretary.
``(5) Responsibilities.--The Administrator may delegate to
the Chief Operating Officer, or any other authority within the
Administration responsibilities, including the following:
``(A) Strategic plans.--To develop a strategic plan
of the Administration for the air traffic control
system, including the establishment of--
``(i) a mission and objectives;
``(ii) standards of performance relative to
such mission and objectives, including safety,
efficiency, and productivity;
``(iii) annual and long-range strategic plans;
and
``(iv) methods of the Administration to
accelerate air traffic control modernization and
improvements in aviation safety related to air
traffic control.
``(B) Operations.--To review the operational
functions of the Administration, including--
``(i) modernization of the air traffic control
system;
``(ii) increasing productivity or implementing
cost-saving measures; and
``(iii) training and education.
``(C) Budget.--To--
``(i) develop a budget request of the
Administration related to the air traffic control
system prepared by the Administrator;
``(ii) submit such budget request to the
Administrator and the Secretary of Transportation;
and
``(iii) ensure that the budget request
supports the annual and long-range strategic plans
developed under subparagraph (A) of this
subsection.''.
SEC. 304. <<NOTE: 49 USC 44505 note.>> PILOT PROGRAM TO PERMIT COST-
SHARING OF AIR TRAFFIC MODERNIZATION PROJECTS.
(a) Purpose.--It is the purpose of this section to improve aviation
safety and enhance mobility of the Nation's air transportation
[[Page 114 STAT. 123]]
system by encouraging non-Federal investment on a pilot program basis in
critical air traffic control facilities and equipment.
(b) In General.--Subject to the requirements of this section, the
Secretary shall carry out a pilot program under which the Secretary may
make grants to project sponsors for not more than 10 eligible projects.
(c) Federal Share.--The Federal share of the cost of an eligible
project carried out under the program shall not exceed 33 percent. The
non-Federal share of the cost of an eligible project shall be provided
from non-Federal sources, including revenues collected pursuant to
section 40117 of title 49, United States Code.
(d) Limitation on Grant Amounts.--No eligible project may receive
more than $15,000,000 under the program.
(e) Funding.--The Secretary shall use amounts appropriated under
section 48101(a) of title 49, United States Code, for fiscal years 2001
through 2003 to carry out the program.
(f ) Definitions.--In this section, the following definitions apply:
(1) Eligible project.--The term ``eligible project'' means a
project relating to the Nation's air traffic control system that
is certified or approved by the Administrator and that promotes
safety, efficiency, or mobility. Such projects may include--
(A) airport-specific air traffic facilities and
equipment, including local area augmentation systems,
instrument landings systems, weather and wind shear
detection equipment, lighting improvements, and control
towers;
(B) automation tools to effect improvements in
airport capacity, including passive final approach
spacing tools and traffic management advisory equipment;
and
(C) facilities and equipment that enhance airspace
control procedures, including consolidation of terminal
radar control facilities and equipment, or assist in en
route surveillance, including oceanic and offshore
flight tracking.
(2) Project sponsor.--The term ``project sponsor'' means a
public-use airport or a joint venture between a public-use
airport and one or more air carriers.
(g) Transfers of Equipment.--Notwithstanding any other provision of
law, project sponsors may transfer, without consideration, to the
Federal Aviation Administration, facilities, equipment, and automation
tools, the purchase of which was assisted by a grant made under this
section. The Administration shall accept such facilities, equipment, and
automation tools, which shall thereafter be operated and maintained by
the Administration in accordance with criteria of the Administration.
(h) Guidelines.--Not <<NOTE: Deadline.>> later than 90 days after
the date of the enactment of this Act, the Administrator shall issue
advisory guidelines on the implementation of the program.
SEC. 305. CLARIFICATION OF REGULATORY APPROVAL PROCESS.
Section 106(f )(3)(B)(i) is amended--
(1) by striking ``$100,000,000'' each place it appears and
inserting ``$250,000,000'';
(2) by striking ``Air Traffic Management System Performance
Improvement Act of 1996'' and inserting ``Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century'';
[[Page 114 STAT. 124]]
(3) in subclause (I)--
(A) by inserting ``substantial and'' before
``material''; and
(B) by inserting ``or'' after the semicolon at the
end; and
(4) by striking subclauses (II), (III), and (IV) and
inserting the following:
``(II) raise novel or significant legal or
policy issues arising out of legal mandates that
may substantially and materially affect other
transportation modes.''.
SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE.
Section 106(f )(3)(A) is amended by adding at the end the following:
``On February 1 and August 1 of each year the Administrator shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a letter listing each deadline the
Administrator missed under this subparagraph during the 6-month period
ending on such date, including an explanation for missing the deadline
and a projected date on which the action that was subject to the
deadline will be taken.''.
SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.
(a) Personnel management system.--Section 40122 is amended by adding
at the end the following:
``(g) Personnel Management System.--
``(1) In general.--In consultation with the employees of the
Administration and such non-governmental experts in personnel
management systems as he may employ, and notwithstanding the
provisions of title 5 and other Federal personnel laws, the
Administrator shall develop and implement, not later than
January 1, 1996, a personnel management system for the
Administration that addresses the unique demands on the agency's
workforce. Such a new system shall, at a minimum, provide for
greater flexibility in the hiring, training, compensation, and
location of personnel.
``(2) Applicability of title 5.--The provisions of title 5
shall not apply to the new personnel management system developed
and implemented pursuant to paragraph (1), with the exception
of--
``(A) section 2302(b), relating to whistleblower
protection, including the provisions for investigation
and enforcement as provided in chapter 12 of title 5;
``(B) sections 3308-3320, relating to veterans'
preference;
``(C) chapter 71, relating to labor-management
relations;
``(D) section 7204, relating to antidiscrimination;
``(E) chapter 73, relating to suitability, security,
and conduct;
``(F) chapter 81, relating to compensation for work
injury;
``(G) chapters 83-85, 87, and 89, relating to
retirement, unemployment compensation, and insurance
coverage; and
``(H) sections 1204, 1211-1218, 1221, and 7701-7703,
relating to the Merit Systems Protection Board.
``(3) Appeals to merit systems protection board.--Under the
new personnel management system developed and
[[Page 114 STAT. 125]]
implemented under paragraph (1), an employee of the
Administration may submit an appeal to the Merit Systems
Protection Board and may seek judicial review of any resulting
final orders or decisions of the Board from any action that was
appealable to the Board under any law, rule, or regulation as of
March 31, 1996.
``(4) Effective date.--This subsection shall take effect on
April 1, 1996.''.
(b) Acquisition Management System.--Section 40110 is amended by
adding at the end the following:
``(d) Acquisition Management System.--
``(1) In <<NOTE: Deadline.>> general.--In consultation with
such non-governmental experts in acquisition management systems
as the Administrator may employ, and notwithstanding provisions
of Federal acquisition law, the Administrator shall develop and
implement, not later than January 1, 1996, an acquisition
management system for the Administration that addresses the
unique needs of the agency and, at a minimum, provides for more
timely and cost-effective acquisitions of equipment and
materials.
``(2) Applicability of federal acquisition law.--The
following provisions of Federal acquisition law shall not apply
to the new acquisition management system developed and
implemented pursuant to paragraph (1):
``(A) Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252-266).
``(B) The Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.).
``(C) The Federal Acquisition Streamlining Act of
1994 (Public Law 103-355).
``(D) The Small Business Act (15 U.S.C. 631 et
seq.), except that all reasonable opportunities to be
awarded contracts shall be provided to small business
concerns and small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
``(E) The Competition in Contracting Act.
``(F) Subchapter V of chapter 35 of title 31,
relating to the procurement protest system.
``(G) The Brooks Automatic Data Processing Act (40
U.S.C. 759).
``(H) The Federal Acquisition Regulation and any
laws not listed in subparagraphs (A) through (G)
providing authority to promulgate regulations in the
Federal Acquisition Regulation.
``(3) Certain provisions of the office of federal
procurement policy act.--Notwithstanding paragraph (2)(B),
section 27 of the Office of Federal Procurement Policy Act (41
U.S.C. 423) shall apply to the new acquisition management system
developed and implemented under paragraph (1) with the following
modifications:
``(A) Subsections (f ) and (g) shall not apply.
``(B) Within 90 days after the date of the enactment
of the Wendell H. Ford Aviation Investment and Reform
Act for the 21st Century, the Administrator shall adopt
definitions for the acquisition management system that
are consistent with the purpose and intent of the Office
of Federal Procurement Policy Act.
[[Page 114 STAT. 126]]
``(C) After the adoption of those definitions, the
criminal, civil, and administrative remedies provided
under the Office of Federal Procurement Policy Act apply
to the acquisition management system.
``(D) In the administration of the acquisition
management system, the Administrator may take adverse
personnel action under section 27(e)(3)(A)(iv) of the
Office of Federal Procurement Policy Act in accordance
with the procedures contained in the Administration's
personnel management system.
``(4) Effective date.--This subsection shall take effect on
April 1, 1996.''.
(c) Conforming Amendments.--
(1) Section 106.--Section 106(l)(1) is amended by striking
``section 40122(a) of this title and section 347 of Public Law
104-50'' and inserting ``subsections (a) and (g) of section
40122''.
(2) Section 40121.--Section 40121(c)(2) is amended by
striking ``section 348(b) of Public Law 104-50'' and inserting
``section 40110(d)(2) of this title''.
(3) Federal aviation reauthorization act of 1996.--Section
274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization Act
of 1996 (49 U.S.C. 40101 note) is amended by striking ``sections
347 and 348 of Public Law 104-50'' and inserting ``sections
40110(d) and 40122(g) of title 49, United States Code''.
(d) Repeal.--Sections 347 and 348 of Public Law 104-50 (109 Stat.
460-461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are repealed.
SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.
(a) Mediation.--Section 40122(a)(2) is amended by adding at the end
the following: ``The 60-day period shall not include any period during
which Congress has adjourned sine die.''.
(b) Right To Contest Adverse Personnel Actions.--Section 40122 (as
amended by section 307(a) of this Act) is further amended by adding at
the end the following:
``(h) Right To Contest Adverse Personnel Actions.--An employee of
the Federal Aviation Administration who is the subject of a major
adverse personnel action may contest the action either through any
contractual grievance procedure that is applicable to the employee as a
member of the collective bargaining unit or through the Administration's
internal process relating to review of major adverse personnel actions
of the Administration, known as Guaranteed Fair Treatment, or under
section 40122(g)(3).
``(i) Election of Forum.--Where a major adverse personnel action may
be contested through more than one of the indicated forums (such as the
contractual grievance procedure, the Federal Aviation Administration's
internal process, or that of the Merit Systems Protection Board), an
employee must elect the forum through which the matter will be
contested. Nothing in this section is intended to allow an employee to
contest an action through more than one forum unless otherwise allowed
by law.
``( j) Definition.--In this section, the term `major adverse
personnel action' means a suspension of more than 14 days, a reduction
in pay or grade, a removal for conduct or performance, a nondisciplinary
removal, a furlough of 30 days or less (but not including placement in a
nonpay status as the result of a lapse of appropriations or an enactment
by Congress), or a reduction in force action.''.
[[Page 114 STAT. 127]]
SEC. 309. <<NOTE: 49 USC 40101 note.>> INDEPENDENT STUDY OF FAA COSTS
AND ALLOCATIONS.
(a) Independent Assessment.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct the assessments described in this
section. To conduct the assessments, the Inspector General may
use the staff and resources of the Inspector General or contract
with one or more independent entities.
(2) Assessment of adequacy and accuracy of faa cost data and
attributions.--
(A) In general.--The Inspector General shall conduct
an assessment to ensure that the method for calculating
the overall costs of the Federal Aviation Administration
and attributing such costs to specific users is
appropriate, reasonable, and understandable to the
users.
(B) Components.--In conducting the assessment under
this paragraph, the Inspector General shall assess the
following:
(i) The Administration's cost input data,
including the reliability of the Administration's
source documents and the integrity and reliability
of the Administration's data collection process.
(ii) The Administration's system for tracking
assets.
(iii) The Administration's bases for
establishing asset values and depreciation rates.
(iv) The Administration's system of internal
controls for ensuring the consistency and
reliability of reported data.
(v) The Administration's definition of the
services to which the Administration ultimately
attributes its costs.
(vi) The cost pools used by the Administration
and the rationale for and reliability of the bases
which the Administration proposes to use in
allocating costs of services to users.
(C) Requirements for assessment of cost pools.--In
carrying out subparagraph (B)(vi), the Inspector General
shall--
(i) review costs that cannot reliably be
attributed to specific Administration services or
activities (called ``common and fixed costs'' in
the Administration Cost Allocation Study) and
consider alternative methods for allocating such
costs; and
(ii) perform appropriate tests to assess
relationships between costs in the various cost
pools and activities and services to which the
costs are attributed by the Administration.
(3) Cost effectiveness.--
(A) In general.--The Inspector General shall assess
the progress of the Administration in cost and
performance management, including use of internal and
external benchmarking in improving the performance and
productivity of the Administration.
(B) Annual <<NOTE: Deadline.>> reports.--Not later
than December 31, 2000, and annually thereafter until
December 31, 2004, the Inspector General shall transmit
to Congress an
[[Page 114 STAT. 128]]
updated report containing the results of the assessment
conducted under this paragraph.
(C) Information to be included in faa financial
report.--The Administrator shall include in the annual
financial report of the Administration information on
the performance of the Administration sufficient to
permit users and others to make an informed evaluation
of the progress of the Administration in increasing
productivity.
(b) Funding.--There are authorized to be appropriated such sums as
may be necessary to carry out this section.
SEC. 310. <<NOTE: 49 USC 47106 note.>> ENVIRONMENTAL REVIEW OF AIRPORT
IMPROVEMENT PROJECTS.
(a) Study.--The Secretary shall conduct a study of Federal
environmental requirements related to the planning and approval of
airport improvement projects.
(b) Contents.--In conducting the study, the Secretary, at a minimum,
shall assess--
(1) the current level of coordination among Federal and
State agencies in conducting environmental reviews in the
planning and approval of airport improvement projects;
(2) the role of public involvement in the planning and
approval of airport improvement projects;
(3) the staffing and other resources associated with
conducting such environmental reviews; and
(4) the time line for conducting such environmental reviews.
(c) Consultation.--The Secretary shall conduct the study in
consultation with the Administrator, the heads of other appropriate
Federal departments and agencies, airport sponsors, the heads of State
aviation agencies, representatives of the design and construction
industry, representatives of employee organizations, and representatives
of public interest groups.
(d) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the study,
together with recommendations for streamlining, if appropriate, the
environmental review process in the planning and approval of airport
improvement projects.
SEC. 311. COST ALLOCATION SYSTEM.
(a) Report.--Not <<NOTE: Deadline.>> later than July 9, 2000, the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the cost
allocation system currently under development by the Federal Aviation
Administration.
(b) Contents.--The report shall include a specific date for
completion and implementation of the cost allocation system throughout
the Administration and shall also include the timetable and plan for the
implementation of a cost management system.
SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.
The Administrator shall report to Congress on plans to modernize the
oceanic air traffic control system, including a budget for the program,
a determination of the requirements for modernization, and, if
necessary, a proposal to fund the program.
[[Page 114 STAT. 129]]
TITLE IV--FAMILY ASSISTANCE
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.
(a) Prohibition on Unsolicited Communications.--
(1) In general.--Section 1136(g)(2) is amended--
(A) by striking ``transportation,'' and inserting
``transportation and in the event of an accident
involving a foreign air carrier that occurs within the
United States,'';
(B) by inserting after ``attorney'' the following:
``(including any associate, agent, employee, or other
representative of an attorney)''; and
(C) by striking ``30th day'' and inserting ``45th
day''.
(2) Enforcement.--Section 1151 is amended by inserting
``1136(g)(2),'' before ``or 1155(a)'' each place it appears.
(b) Prohibition on Actions To Prevent Mental Health and Counseling
Services.--Section 1136(g) is amended by adding at the end the
following:
``(3) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision thereof
may prevent the employees, agents, or volunteers of an
organization designated for an accident under subsection (a)(2)
from providing mental health and counseling services under
subsection (c)(1) in the 30-day period beginning on the date of
the accident. The director of family support services designated
for the accident under subsection (a)(1) may extend such period
for not to exceed an additional 30 days if the director
determines that the extension is necessary to meet the needs of
the families and if State and local authorities are notified of
the determination.''.
(c) Inclusion of Nonrevenue Passengers in Family Assistance
Coverage.--Section 1136(h)(2) is amended to read as follows:
``(2) Passenger.--The term `passenger' includes--
``(A) an employee of an air carrier or foreign air
carrier aboard an aircraft; and
``(B) any other person aboard the aircraft without
regard to whether the person paid for the
transportation, occupied a seat, or held a reservation
for the flight.''.
(d) Statutory Construction.--Section 1136 is amended by adding at
the end the following:
``(i) Statutory Construction.--Nothing in this section may be
construed as limiting the actions that an air carrier may take, or the
obligations that an air carrier may have, in providing assistance to the
families of passengers involved in an aircraft accident.''.
SEC. 402. AIR CARRIER PLANS.
(a) Contents of Plans.--
(1) Flight reservation information.--Section 41113(b) is
amended by adding at the end the following:
``(14) An assurance that, upon request of the family of a
passenger, the air carrier will inform the family of whether the
passenger's name appeared on a preliminary passenger manifest
for the flight involved in the accident.''.
(2) Training of employees and agents.--Section 41113(b) is
further amended by adding at the end the following:
[[Page 114 STAT. 130]]
``(15) An assurance that the air carrier will provide
adequate training to the employees and agents of the carrier to
meet the needs of survivors and family members following an
accident.''.
(3) Consultation on carrier response not covered by plan.--
Section 41113(b) is further amended by adding at the end the
following:
``(16) An assurance that the air carrier, in the event that
the air carrier volunteers assistance to United States citizens
within the United States with respect to an aircraft accident
outside the United States involving major loss of life, the air
carrier will consult with the Board and the Department of State
on the provision of the assistance.''.
(4) Submission <<NOTE: 49 USC 41113 note.>> of updated
plans.--The amendments made by paragraphs (1), (2), and (3)
shall take effect on the 180th day following the date of the
enactment of this Act. On or before such 180th day, each air
carrier holding a certificate of public convenience and
necessity under section 41102 of title 49, United States Code,
shall submit to the Secretary and the Chairman of the National
Transportation Safety Board an updated plan under section 41113
of such title that meets the requirements of the amendments made
by paragraphs (1), (2), and (3).
(5) Conforming amendments.--Section 41113 is amended--
(A) in subsection (a) by striking ``Not later than 6
months after the date of the enactment of this section,
each air carrier'' and inserting ``Each air carrier'';
and
(B) in subsection (c) by striking ``After the date
that is 6 months after the date of the enactment of this
section, the Secretary'' and inserting ``The
Secretary''.
(b) Limitation on Liability.--Section 41113(d) is amended by
inserting ``, or in providing information concerning a preliminary
passenger manifest,'' before ``pursuant to a plan''.
(c) Statutory Construction.--Section 41113 is amended by adding at
the end the following:
``(f ) Statutory Construction.--Nothing in this section may be
construed as limiting the actions that an air carrier may take, or the
obligations that an air carrier may have, in providing assistance to the
families of passengers involved in an aircraft accident.''.
SEC. 403. FOREIGN AIR CARRIER PLANS.
(a) Inclusion of Nonrevenue Passengers in Family Assistance
Coverage.--Section 41313(a)(2) is amended to read as follows:
``(2) Passenger.--The term `passenger' has the meaning given
such term by section 1136.''.
(b) Accidents for Which Plan Is Required.--Section 41313(b) is
amended by striking ``significant'' and inserting ``major''.
(c) Contents of Plans.--
(1) In general.--Section 41313(c) is amended by adding at
the end the following:
``(15) Training of employees and agents.--An assurance that
the foreign air carrier will provide adequate training to the
employees and agents of the carrier to meet the needs of
survivors and family members following an accident.
``(16) Consultation on carrier response not covered by
plan.--An assurance that the foreign air carrier, in the
[[Page 114 STAT. 131]]
event that the foreign air carrier volunteers assistance to
United States citizens within the United States with respect to
an aircraft accident outside the United States involving major
loss of life, the foreign air carrier will consult with the
Board and the Department of State on the provision of the
assistance.''.
(2) Submission <<NOTE: 49 USC 41313 note.>> of updated
plans.--The amendment made by paragraph (1) shall take effect on
the 180th day following the date of the enactment of this Act.
On or before such 180th day, each foreign air carrier providing
foreign air transportation under chapter 413 of title 49, United
States Code, shall submit to the Secretary and the Chairman of
the National Transportation Safety Board an updated plan under
section 41313 of such title that meets the requirements of the
amendment made by paragraph (1).
SEC. 404. DEATH ON THE HIGH SEAS.
(a) Right of Action in Commercial Aviation Accidents.--The first
section of the Act of March 30, 1920 (46 U.S.C. App. 761; popularly
known as the ``Death on the High Seas Act'') is amended--
(1) by inserting ``(a) subject to subsection (b),'' before
``whenever''; and
(2) by adding at the end the following:
``(b) In the case of a commercial aviation accident, whenever the
death of a person shall be caused by wrongful act, neglect, or default
occurring on the high seas 12 nautical miles or closer to the shore of
any State, or the District of Columbia, or the Territories or
dependencies of the United States, this Act shall not apply and the
rules applicable under Federal, State, and other appropriate law shall
apply.''.
(b) Compensation in Commercial Aviation Accidents.--
Section 2 of such Act (46 U.S.C. App. 762) is amended--
(1) by inserting ``(a)'' before ``the recovery''; and
(2) by adding at the end the following:
``(b)(1) If the death resulted from a commercial aviation accident
occurring on the high seas beyond 12 nautical miles from the shore of
any State, or the District of Columbia, or the Territories or
dependencies of the United States, additional compensation for
nonpecuniary damages for wrongful death of a decedent is recoverable.
Punitive damages are not recoverable.
``(2) In this subsection, the term `nonpecuniary damages' means
damages for loss of care, comfort, and companionship.''.
(c) Effective <<NOTE: 46 USC app. 761 note.>> Date.--The amendments
made by subsections (a) and (b) shall apply to any death occurring after
July 16, 1996.
TITLE V--SAFETY
SEC. 501. AIRPLANE EMERGENCY LOCATORS.
(a) Requirement.--Section 44712 is amended--
(1) in subsection (b) by striking ``Subsection (a) of this
section'' and inserting ``Prior to January 1, 2002, subsection
(a)'';
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
``(c) Nonapplication Beginning on January 1, 2002.--
[[Page 114 STAT. 132]]
``(1) In general.--Subject to paragraph (2), on and after
January 1, 2002, subsection (a) does not apply to--
``(A) aircraft when used in scheduled flights by
scheduled air carriers holding certificates issued by
the Secretary of Transportation under subpart II of this
part;
``(B) aircraft when used in training operations
conducted entirely within a 50-mile radius of the
airport from which the training operations begin;
``(C) aircraft when used in flight operations
related to the design and testing, manufacture,
preparation, and delivery of aircraft;
``(D) aircraft when used in research and development
if the aircraft holds a certificate from the
Administrator of the Federal Aviation Administration to
carry out such research and development;
``(E) aircraft when used in showing compliance with
regulations, crew training, exhibition, air racing, or
market surveys;
``(F) aircraft when used in the aerial application
of a substance for an agricultural purpose;
``(G) aircraft with a maximum payload capacity of
more than 18,000 pounds when used in air transportation;
or
``(H) aircraft equipped to carry only one
individual.
``(2) Delay in implementation.--The Administrator of the
Federal Aviation Administration may continue to implement
subsection (b) rather than subsection (c) for a period not to
exceed 2 years after January 1, 2002, if the Administrator finds
such action is necessary to promote--
``(A) a safe and orderly transition to the operation
of civil aircraft equipped with an emergency locator; or
``(B) other safety objectives.
``(d) Compliance.--An aircraft meets the requirement of subsection
(a) if it is equipped with an emergency locator transmitter that
transmits on the 121.5/243 megahertz frequency or the 406 megahertz
frequency or with other equipment approved by the Secretary for meeting
the requirement of subsection (a).''.
(b) Regulations.--The <<NOTE: Deadline. 49 USC 44712
note.>> Secretary shall issue regulations to carry out section 44712(c)
of title 49, United States Code, as amended by this section, not later
than January 1, 2001.
SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.
Section 44716 is amended by adding at the end the following:
``(g) Cargo Collision Avoidance Systems.--
``(1) In <<NOTE: Regulations. Deadline.>> general.--The
Administrator shall require by regulation that, no later than
December 31, 2002, collision avoidance equipment be installed on
each cargo aircraft with a maximum certificated takeoff weight
in excess of 15,000 kilograms.
``(2) Extension of deadline.--The Administrator may extend
the deadline established by paragraph (1) by not more than 2
years if the Administrator finds that the extension is needed to
promote--
``(A) a safe and orderly transition to the operation
of a fleet of cargo aircraft equipped with collision
avoidance equipment; or
``(B) other safety or public interest objectives.
``(3) Collision avoidance equipment defined.--In this
subsection, the term `collision avoidance equipment' means
[[Page 114 STAT. 133]]
equipment that provides protection from mid-air collisions using
technology that provides--
``(A) cockpit-based collision detection and conflict
resolution guidance, including display of traffic; and
``(B) a margin of safety of at least the same level
as provided by the collision avoidance system known as
TCAS-II.''.
SEC. 503. LANDFILLS INTERFERING WITH AIR COMMERCE.
(a) Findings.--Congress <<NOTE: 49 USC 44718 note.>> finds that--
(1) collisions between aircraft and birds have resulted in
fatal accidents;
(2) bird strikes pose a special danger to smaller aircraft;
(3) landfills near airports pose a potential hazard to
aircraft operating there because they attract birds;
(4) even if the landfill is not located in the approach path
of the airport's runway, it still poses a hazard because of the
birds' ability to fly away from the landfill and into the path
of oncoming planes;
(5) while certain mileage limits have the potential to be
arbitrary, keeping landfills at least 6 miles away from an
airport, especially an airport served by small planes, is an
appropriate minimum requirement for aviation safety; and
(6) closure of existing landfills (due to concerns about
aviation safety) should be avoided because of the likely
disruption to those who use and depend on such landfills.
(b) Limitation on Construction.--Section 44718(d) is amended to read
as follows:
``(d) Limitation on Construction of Landfills.--
``(1) In general.--No person shall construct or establish a
municipal solid waste landfill (as defined in section 258.2 of
title 40, Code of Federal Regulations, as in effect on the date
of the enactment of this subsection) that receives putrescible
waste (as defined in section 257.3-8 of such title) within 6
miles of a public airport that has received grants under chapter
471 and is primarily served by general aviation aircraft and
regularly scheduled flights of aircraft designed for 60
passengers or less unless the State aviation agency of the State
in which the airport is located requests that the Administrator
of the Federal Aviation Administration exempt the landfill from
the application of this subsection and the Administrator
determines that such exemption would have no adverse impact on
aviation safety.
``(2) Limitation on applicability.--Paragraph (1) shall not
apply in the State of Alaska and shall not apply to the
construction, establishment, expansion, or modification of, or
to any other activity undertaken with respect to, a municipal
solid waste landfill if the construction or establishment of the
landfill was commenced on or before the date of the enactment of
this subsection.''.
(c) Civil Penalty for Violations of Limitation on Construction of
Landfills.--Section 46301(a)(3) is amended--
(1) in subparagraph (A) by striking ``or'' at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
[[Page 114 STAT. 134]]
``(C) a violation of section 44718(d), relating to the
limitation on construction or establishment of landfills;''.
SEC. 504. LIFE-LIMITED AIRCRAFT PARTS.
(a) In General.--Chapter 447 is amended by adding at the end the
following:
``Sec. 44725. Life-limited aircraft parts
``(a) In General.--The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to require the safe
disposition of life-limited parts removed from an aircraft. The
rulemaking proceeding shall ensure that the disposition deter
installation on an aircraft of a life-limited part that has reached or
exceeded its life limits.
``(b) Safe Disposition.--For the purposes of this section, safe
disposition includes any of the following methods:
``(1) The part may be segregated under circumstances that
preclude its installation on an aircraft.
``(2) The part may be permanently marked to indicate its
used life status.
``(3) The part may be destroyed in any manner calculated to
prevent reinstallation in an aircraft.
``(4) The part may be marked, if practicable, to include the
recordation of hours, cycles, or other airworthiness
information. If the parts are marked with cycles or hours of
usage, that information must be updated every time the part is
removed from service or when the part is retired from service.
``(5) Any other method approved by the Administrator.
``(c) Deadlines.--In conducting the rulemaking proceeding under
subsection (a), the Administrator shall--
``(1) not later than 180 days after the date of the
enactment of this section, issue a notice of proposed
rulemaking; and
``(2) not later than 180 days after the close of the comment
period on the proposed rule, issue a final rule.
``(d) Prior-Removed Life-Limited Parts.--No rule issued under
subsection (a) shall require the marking of parts removed from aircraft
before the effective date of the rules issued under subsection (a), nor
shall any such rule forbid the installation of an otherwise airworthy
life-limited part.''.
(b) Civil Penalty.--Section 46301(a)(3) (as amended by section
503(c) of this Act) is further amended by adding at the end the
following:
``(D) a violation of section 44725, relating to the safe
disposal of life-limited aircraft parts; or''.
(c) Conforming Amendment.--The analysis for chapter 447 is amended
by adding at the end the following:
``44725. Life-limited aircraft parts.''.
SEC. 505. COUNTERFEIT AIRCRAFT PARTS.
(a) Denial; Revocation; Amendment of Certificate.--
(1) In general.--Chapter 447 is further amended by adding at
the end the following:
``Sec. 44726. Denial and revocation of certificate for counterfeit parts
violations
``(a) Denial of Certificate.--
``(1) In general.--Except as provided in paragraph (2) of
this subsection and subsection (e)(2), the Administrator of
[[Page 114 STAT. 135]]
the Federal Aviation Administration may not issue a certificate
under this chapter to any person--
``(A) convicted in a court of law of a violation of
a law of the United States relating to the installation,
production, repair, or sale of a counterfeit or
fraudulently-represented aviation part or material; or
``(B) subject to a controlling or ownership interest
of an individual convicted of such a violation.
``(2) Exception.--Notwithstanding paragraph (1), the
Administrator may issue a certificate under this chapter to a
person described in paragraph (1) if issuance of the certificate
will facilitate law enforcement efforts.
``(b) Revocation of Certificate.--
``(1) In general.--Except as provided in subsections (f )
and (g), the Administrator shall issue an order revoking a
certificate issued under this chapter if the Administrator finds
that the holder of the certificate or an individual who has a
controlling or ownership interest in the holder--
``(A) was convicted in a court of law of a violation
of a law of the United States relating to the
installation, production, repair, or sale of a
counterfeit or fraudulently-represented aviation part or
material; or
``(B) knowingly, and with the intent to defraud,
carried out or facilitated an activity punishable under
a law described in paragraph (1)(A).
``(2) No authority to review violation.--In carrying out
paragraph (1), the Administrator may not review whether a person
violated a law described in paragraph (1)(A).
``(c) Notice Requirement.--Before the Administrator revokes a
certificate under subsection (b), the Administrator shall--
``(1) advise the holder of the certificate of the reason for
the revocation; and
``(2) provide the holder of the certificate an opportunity
to be heard on why the certificate should not be revoked.
``(d) Appeal.--The provisions of section 44710(d) apply to the
appeal of a revocation order under subsection (b). For the purpose of
applying that section to the appeal, `person' shall be substituted for
`individual' each place it appears.
``(e) Acquittal or Reversal.--
``(1) In general.--The Administrator may not revoke, and the
National Transportation Safety Board may not affirm a revocation
of, a certificate under subsection (b)(1)(B) if the holder of
the certificate or the individual referred to in subsection
(b)(1) is acquitted of all charges directly related to the
violation.
``(2) Reissuance.--The Administrator may reissue a
certificate revoked under subsection (b) of this section to the
former holder if--
``(A) the former holder otherwise satisfies the
requirements of this chapter for the certificate; and
``(B)(i) the former holder or the individual
referred to in subsection (b)(1), is acquitted of all
charges related to the violation on which the revocation
was based; or
``(ii) the conviction of the former holder or such
individual of the violation on which the revocation was
based is reversed.
[[Page 114 STAT. 136]]
``(f ) Waiver.--The Administrator may waive revocation of a
certificate under subsection (b) if--
``(1) a law enforcement official of the United States
Government requests a waiver; and
``(2) the waiver will facilitate law enforcement efforts.
``(g) Amendment of Certificate.--If the holder of a certificate
issued under this chapter is other than an individual and the
Administrator finds that--
``(1) an individual who had a controlling or ownership
interest in the holder committed a violation of a law for the
violation of which a certificate may be revoked under this
section or knowingly, and with intent to defraud, carried out or
facilitated an activity punishable under such a law; and
``(2) the holder satisfies the requirements for the
certificate without regard to that individual,
then the Administrator may amend the certificate to impose a limitation
that the certificate will not be valid if that individual has a
controlling or ownership interest in the holder. A decision by the
Administrator under this subsection is not reviewable by the Board.''.
(2) Conforming amendment.--The analysis for such chapter is
further amended by adding at the end the following:
``44726. Denial and revocation of certificate for counterfeit parts
violations.''.
(b) Prohibition on Employment.--Section 44711 is amended by adding
at the end the following:
``(c) Prohibition on Employment of Convicted Counterfeit Part
Traffickers.--No person subject to this chapter may knowingly employ
anyone to perform a function related to the procurement, sale,
production, or repair of a part or material, or the installation of a
part into a civil aircraft, who has been convicted in a court of law of
a violation of any Federal law relating to the installation, production,
repair, or sale of a counterfeit or fraudulently-represented aviation
part or material.''.
SEC. 506. <<NOTE: Aircraft Safety Act of 2000.>> PREVENTION OF FRAUDS
INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS IN INTERSTATE OR
FOREIGN COMMERCE.
(a) Short <<NOTE: 18 USC 31 note.>> Title.--This section may be
cited as the ``Aircraft Safety Act of 2000''.
(b) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) Definitions.--In this chapter, the following definitions
apply:
``(1) Aircraft.--The term `aircraft' means a civil,
military, or public contrivance invented, used, or designed to
navigate, fly, or travel in the air.
``(2) Aviation quality.--The term `aviation quality', with
respect to a part of an aircraft or space vehicle, means the
quality of having been manufactured, constructed, produced,
maintained, repaired, overhauled, rebuilt, reconditioned, or
restored in conformity with applicable standards specified by
law (including applicable regulations).
``(3) Destructive substance.--The term `destructive
substance' means an explosive substance, flammable material,
infernal machine, or other chemical, mechanical, or radioactive
[[Page 114 STAT. 137]]
device or matter of a combustible, contaminative, corrosive, or
explosive nature.
``(4) In flight.--The term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board.
``(5) In service.--The term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by the
crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period during
which the aircraft is in flight.
``(6) Motor vehicle.--The term `motor vehicle' means every
description of carriage or other contrivance propelled or drawn
by mechanical power and used for commercial purposes on the
highways in the transportation of passengers, passengers and
property, or property or cargo.
``(7) Part.--The term `part' means a frame, assembly,
component, appliance, engine, propeller, material, part, spare
part, piece, section, or related integral or auxiliary
equipment.
``(8) Space vehicle.--The term `space vehicle' means a man-
made device, either manned or unmanned, designed for operation
beyond the Earth's atmosphere.
``(9) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(10) Used for commercial purposes.--The term `used for
commercial purposes' means the carriage of persons or property
for any fare, fee, rate, charge or other consideration, or
directly or indirectly in connection with any business, or other
undertaking intended for profit.
``(b) Terms Defined in Other Law.--In this chapter, the terms
`aircraft engine', `air navigation facility', `appliance', `civil
aircraft', `foreign air commerce', `interstate air commerce', `landing
area', `overseas air commerce', `propeller', `spare part', and `special
aircraft jurisdiction of the United States' have the meanings given
those terms in sections 40102(a) and 46501 of title 49.''.
(c) Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in interstate
or foreign commerce
``(a) Offenses.--Whoever, in or affecting interstate or foreign
commerce, knowingly and with the intent to defraud--
``(1)(A) falsifies or conceals a material fact concerning
any aircraft or space vehicle part;
``(B) makes any materially fraudulent representation
concerning any aircraft or space vehicle part; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication concerning any aircraft or space
vehicle part;
[[Page 114 STAT. 138]]
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2),
shall be punished as provided in subsection (b).
``(b) Penalties.--The punishment for an offense under subsection (a)
is as follows:
``(1) Aviation quality.--If the offense relates to the
aviation quality of a part and the part is installed in an
aircraft or space vehicle, a fine of not more than $500,000,
imprisonment for not more than 15 years, or both.
``(2) Failure to operate as represented.--If, by reason of
the failure of the part to operate as represented, the part to
which the offense is related is the proximate cause of a
malfunction or failure that results in serious bodily injury (as
defined in section 1365), a fine of not more than $1,000,000,
imprisonment for not more than 20 years, or both.
``(3) Failure resulting in death.--If, by reason of the
failure of the part to operate as represented, the part to which
the offense is related is the proximate cause of a malfunction
or failure that results in the death of any person, a fine of
not more than $1,000,000, imprisonment for any term of years or
life, or both.
``(4) Other circumstances.--In the case of an offense under
subsection (a) not described in paragraph (1), (2), or (3) of
this subsection, a fine under this title, imprisonment for not
more than 10 years, or both.
``(5) Organizations.--If the offense is committed by an
organization, a fine of not more than--
``(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
``(B) $20,000,000 in the case of an offense
described in paragraph (2) or (3).
``(c) Civil Remedies.--
``(1) In general.--The district courts of the United States
shall have jurisdiction to prevent and restrain violations of
this section by issuing appropriate orders, including--
``(A) ordering a person (convicted of an offense
under this section) to divest any interest, direct or
indirect, in any enterprise used to commit or facilitate
the commission of the offense, or to destroy, or to
mutilate and sell as scrap, aircraft material or part
inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as
used to commit the offense; and
``(C) ordering the dissolution or reorganization of
any enterprise knowingly used to commit or facilitate
the commission of an offense under this section making
due provisions for the rights and interests of innocent
persons.
``(2) Restraining orders and prohibition.--Pending final
determination of a proceeding brought under this section, the
court may enter such restraining orders or prohibitions, or
[[Page 114 STAT. 139]]
take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) Estoppel.--A final judgment rendered in favor of the
United States in any criminal proceeding brought under this
section shall stop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil
proceeding brought by the United States.
``(d) Criminal Forfeiture.--
``(1) In general.--The court, in imposing sentence on any
person convicted of an offense under this section, shall order,
in addition to any other sentence and irrespective of any
provision of State law, that the person forfeit to the United
States--
``(A) any property constituting, or derived from,
any proceeds that the person obtained, directly or
indirectly, as a result of the offense; and
``(B) any property used, or intended to be used in
any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so
determines, taking into consideration the nature, scope,
and proportionality of the use of the property on the
offense.
``(2) Application of other law.--The forfeiture of property
under this section, including any seizure and disposition of the
property, and any proceedings relating to the property, shall be
governed by section 413 of the Comprehensive Drug Abuse and
Prevention Act of 1970 (21 U.S.C. 853) (not including subsection
(d) of that section).
``(e) Construction With Other Law.--This section does not preempt or
displace any other remedy, civil or criminal, provided by Federal or
State law for the fraudulent importation, sale, trade, installation, or
introduction into commerce of an aircraft or space vehicle part.
``(f ) Territorial Scope.--This section also applies to conduct
occurring outside the United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
political subdivision thereof;
``(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space vehicle
owned or operated at the time of the offense by a citizen or
permanent resident alien of the United States, or by an
organization thereof; or
``(3) an act in furtherance of the offense was committed in
the United States.''.
(2) Conforming amendments.--
(A) Chapter analysis.--The analysis for chapter 2 of
title 18, United States Code, is amended by adding at
the end the following:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(B) Wire and electronic communications.--Section
2516(1)(c) of title 18, United States Code, is amended
by inserting ``section 38 (relating to aircraft parts
fraud),'' after ``section 32 (relating to destruction of
aircraft or aircraft facilities),''.
[[Page 114 STAT. 140]]
SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.
Section 46312 is amended--
(1) by inserting ``(a) In General.--'' before ``A person'';
and
(2) by adding at the end the following:
``(b) Knowledge of Regulations.--For purposes of subsection (a),
knowledge by the person of the existence of a regulation or requirement
related to the transportation of hazardous material prescribed by the
Secretary under this part is not an element of an offense under this
section but shall be considered in mitigation of the penalty.''.
SEC. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.
(a) Flexibility To Perform Criminal History Record Checks.--Section
44936(a)(1)(C) is amended--
(1) in clause (iii) by striking ``or'';
(2) in clause (iv) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(v) the Administrator decides it is necessary to ensure
air transportation security with respect to passenger, baggage,
or property screening at airports.''.
(b) Records of Employment of Pilot Applicants.--Section 44936(f ) is
amended--
(1) in paragraph (1)(B) by inserting ``(except a branch of
the United States Armed Forces, the National Guard, or a reserve
component of the United States Armed Forces)'' after ``person''
the first place it appears;
(2) in paragraph (1)(B)(ii) by striking ``individual'' the
first place it appears and inserting ``individual's performance
as a pilot'';
(3) in paragraph (5) by striking the period at the end of
the first sentence and inserting ``; except that, for purposes
of paragraph (15), the Administrator may allow an individual
designated by the Administrator to accept and maintain written
consent on behalf of the Administrator for records requested
under paragraph (1)(A).'';
(4) in paragraph (13)--
(A) by striking ``may'' and inserting ``shall''; and
(B) before the semicolon in subparagraph (A)(i)
insert ``and disseminated under paragraph (15)'';
(5) in paragraph (14)(B) by inserting ``or from a foreign
government or entity that employed the individual'' after
``exists''; and
(6) by adding at the end the following:
``(15) Electronic access to faa records.--For the purpose of
increasing timely and efficient access to Federal Aviation
Administration records described in paragraph (1), the
Administrator may allow, under terms established by the
Administrator, an individual designated by the air carrier to
have electronic access to a specified database containing
information about such records. The terms shall limit such
access to instances in which information in the database is
required by the designated individual in making a hiring
decision concerning a pilot applicant and shall require that the
designated individual provide assurances satisfactory to the
Administrator that information obtained using such access will
[[Page 114 STAT. 141]]
not be used for any purpose other than making the hiring
decision.''.
SEC. 509. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR TRANSPORTATION
WITHOUT AN AIRMAN'S CERTIFICATE.
(a) In General.--Chapter 463 is amended by adding at the end the
following:
``Sec. 46317. Criminal penalty for pilots operating in air
transportation without an airman's certificate
``(a) General Criminal Penalty.--An individual shall be fined under
title 18 or imprisoned for not more than 3 years, or both, if that
individual--
``(1) knowingly and willfully serves or attempts to serve in
any capacity as an airman operating an aircraft in air
transportation without an airman's certificate authorizing the
individual to serve in that capacity; or
``(2) knowingly and willfully employs for service or uses in
any capacity as an airman to operate an aircraft in air
transportation an individual who does not have an airman's
certificate authorizing the individual to serve in that
capacity.
``(b) Controlled Substance Criminal Penalty.--
``(1) Controlled substances defined.--In this subsection,
the term `controlled substance' has the meaning given that term
in section 102 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802).
``(2) Criminal penalty.--An individual violating subsection
(a) shall be fined under title 18 or imprisoned for not more
than 5 years, or both, if the violation is related to
transporting a controlled substance by aircraft or aiding or
facilitating a controlled substance violation and that
transporting, aiding, or facilitating--
``(A) is punishable by death or imprisonment of more
than 1 year under a Federal or State law; or
``(B) is related to an act punishable by death or
imprisonment for more than 1 year under a Federal or
State law related to a controlled substance (except a
law related to simple possession (as that term is used
in section 46306(c)) of a controlled substance).
``(3) Terms of imprisonment.--A term of imprisonment imposed
under paragraph (2) shall be served in addition to, and not
concurrently with, any other term of imprisonment imposed on the
individual subject to the imprisonment.''.
(b) Conforming Amendment.--The analysis for chapter 463 is amended
by adding at the end the following:
``46317. Criminal penalty for pilots operating in air transportation
without an airman's certificate.''.
SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.
Not <<NOTE: Deadline.>> later than 60 days after the date of the
enactment of this Act, the Administrator shall issue a notice of
proposed rulemaking to develop procedures to protect air carriers and
their employees from enforcement actions for violations of title 14,
Code of Federal Regulations, (other than criminal or deliberate acts)
that are reported or discovered as a result of voluntary reporting
programs, such as the Flight Operations Quality Assurance Program and
the Aviation Safety Action Program.
[[Page 114 STAT. 142]]
SEC. 511. PENALTIES FOR UNRULY PASSENGERS.
(a) In General.--Chapter 463 (as amended by section 509 of this Act)
is further amended by adding at the end the following:
``Sec. 46318. Interference with cabin or flight crew
``(a) General Rule.--An individual who physically assaults or
threatens to physically assault a member of the flight crew or cabin
crew of a civil aircraft or any other individual on the aircraft, or
takes any action that poses an imminent threat to the safety of the
aircraft or other individuals on the aircraft is liable to the United
States Government for a civil penalty of not more than $25,000.
``(b) Compromise and Setoff.--
``(1) Compromise.--The Secretary may compromise the amount
of a civil penalty imposed under this section.
``(2) Setoff.--The United States Government may deduct the
amount of a civil penalty imposed or compromised under this
section from amounts the Government owes the person liable for
the penalty.''.
(b) Conforming Amendment.--The analysis for chapter 463 is further
amended by adding at the end the following:
``46318. Interference with cabin or flight crew.''.
SEC. 512. <<NOTE: 49 USC 44903 note.>> DEPUTIZING OF STATE AND LOCAL LAW
ENFORCEMENT OFFICERS.
(a) Definitions.--In this section, the following definitions apply:
(1) Aircraft.--The term ``aircraft'' has the meaning given
that term in section 40102 of title 49, United States Code.
(2) Air transportation.--The term ``air transportation'' has
the meaning given that term in such section.
(3) Program.--The term ``program'' means the program
established under subsection (b)(1)(A).
(b) Establishment of a Program To Deputize Local Law Enforcement
Officers.--
(1) In general.--The Attorney General may--
(A) establish a program under which the Attorney
General may deputize State and local law enforcement
officers having jurisdiction over airports and airport
authorities as Deputy United States Marshals for the
limited purpose of enforcing Federal laws that regulate
security on board aircraft, including laws relating to
violent, abusive, or disruptive behavior by passengers
in air transportation; and
(B) encourage the participation of law enforcement
officers of State and local governments in the program.
(2) Consultation.--In establishing the program, the Attorney
General shall consult with appropriate officials of--
(A) the United States Government (including the
Administrator or a designated representative of the
Administrator); and
(B) State and local governments in any geographic
area in which the program may operate.
(3) Training and background of law enforcement
officers.--
[[Page 114 STAT. 143]]
(A) In general.--Under the program, to qualify to
serve as a Deputy United States Marshal under the
program, a State or local law enforcement officer
shall--
(i) meet the minimum background and training
requirements for a law enforcement officer under
part 107 of title 14, Code of Federal Regulations
(or equivalent requirements established by the
Attorney General); and
(ii) receive approval to participate in the
program from the State or local law enforcement
agency that is the employer of that law
enforcement officer.
(B) Training not federal responsibility.--The United
States Government shall not be responsible for providing
to a State or local law enforcement officer the training
required to meet the training requirements under
subparagraph (A)(i). Nothing in this subsection may be
construed to grant any such law enforcement officer the
right to attend any institution of the United States
Government established to provide training to law
enforcement officers of the United States Government.
(c) Powers and Status of Deputized Law Enforcement Officers.--
(1) In general.--Subject to paragraph (2), a State or local
law enforcement officer that is deputized as a Deputy United
States Marshal under the program may arrest and apprehend an
individual suspected of violating any Federal law described in
subsection (b)(1)(A), including any individual who violates a
provision subject to a civil penalty under section 46301 of
title 49, United States Code, or section 46302, 46303, 46318,
46504, 46505, or 46507 of that title, or who commits an act
described in section 46506 of that title.
(2) Limitation.--The powers granted to a State or local law
enforcement officer deputized under the program shall be limited
to enforcing Federal laws relating to security on board aircraft
in flight.
(3) Status.--A State or local law enforcement officer that
is deputized as a Deputy United States Marshal under the program
shall not--
(A) be considered to be an employee of the United
States Government; or
(B) receive compensation from the United States
Government by reason of service as a Deputy United
States Marshal under the program.
(d) Statutory Construction.--Nothing in this section may be
construed to--
(1) grant a State or local law enforcement officer that is
deputized under the program the power to enforce any Federal law
that is not described in subsection (c); or
(2) limit the authority that a State or local law
enforcement officer may otherwise exercise in the officer's
capacity under any other applicable State or Federal law.
(e) Regulations.--The Attorney General may promulgate such
regulations as may be necessary to carry out this section.
(f ) Notification <<NOTE: Deadline.>> of Congress.--Not later than
90 days after the date of the enactment of this Act, the Attorney
General shall notify the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
[[Page 114 STAT. 144]]
and Transportation of the Senate on whether or not the Attorney General
intends to establish the program authorized by this section.
SEC. 513. <<NOTE: Deadlines.>> AIR TRANSPORTATION OVERSIGHT SYSTEM.
(a) Report.--Not later than August 1, 2000, the Administrator shall
transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the progress of the Federal
Aviation Administration in implementing the air transportation oversight
system, including in detail the training of inspectors under the system,
the number of inspectors using the system, air carriers subject to the
system, and the budget for the system.
(b) Required Contents.--At a minimum, the report shall indicate--
(1) any funding or staffing constraints that would adversely
impact the Administration's ability to continue to develop and
implement the air transportation oversight system;
(2) progress in integrating the aviation safety data derived
from such system's inspections with existing aviation data of
the Administration in the safety performance analysis system of
the Administration; and
(3) the Administration's efforts in collaboration with the
aviation industry to develop and validate safety performance
measures and appropriate risk weightings for such system.
(c) Update.--Not later than August 1, 2002, the Administrator shall
update the report submitted under this section and transmit the updated
report to the committees referred to in subsection (a).
SEC. 514. RUNWAY SAFETY AREAS.
(a) Eligibility.--Section 47102(3)(B) (as amended by section 122 of
this Act) is further amended by adding at the end the following:
``(ix) engineered materials arresting systems
as described in the Advisory Circular No. 150/
5220-22 published by the Federal Aviation
Administration on August 21, 1998, including any
revision to the circular.''.
(b) Solicitation <<NOTE: Deadline.>> of Comments.--Not later than 6
months after the date of the enactment of this Act, the Administrator
shall solicit comments on the need for the improvement of runway safety
areas through the use of engineered materials arresting systems, longer
runways, and such other techniques as the Administrator considers
appropriate.
(c) Grants <<NOTE: 49 USC 47106 note.>> for Engineered Materials
Arresting Systems.--In making grants under section 47104 of title 49,
United States Code, for engineered materials arresting systems, the
Secretary shall require the sponsor to demonstrate that the effects of
jet blasts have been adequately considered.
(d) Grants <<NOTE: 49 USC 47106 note.>> for Runway Rehabilitation.--
In any case in which an airport's runways are constrained by physical
conditions, the Secretary shall consider alternative means for ensuring
runway safety (other than a safety overrun area) when prescribing
conditions for grants for runway rehabilitation.
[[Page 114 STAT. 145]]
SEC. 515. <<NOTE: Deadline.>> PRECISION APPROACH PATH INDICATORS.
Not later than 6 months after the date of the enactment of this Act,
the Administrator shall solicit comments on the need for the
installation of precision approach path indicators.
SEC. 516. <<NOTE: 49 USC 44505 note.>> AIRCRAFT DISPATCHERS.
(a) Study.--The Administrator shall conduct a study of the role of
aircraft dispatchers in enhancing aviation safety.
(b) Contents.--The study shall include an assessment of whether or
not aircraft dispatchers should be required for those operations not
presently requiring aircraft dispatcher assistance, operational control
issues related to the aircraft dispatching functions, and whether or not
designation of positions within the Federal Aviation Administration for
oversight of dispatchers would enhance aviation safety.
(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under this
section.
SEC. 517. <<NOTE: 49 USC 44515 note.>> IMPROVED TRAINING FOR AIRFRAME
AND POWERPLANT MECHANICS.
The Administrator shall form a partnership with industry and labor
to develop a model program to improve the curricula, teaching methods,
and quality of instructors for training individuals that need
certification as airframe and powerplant mechanics.
SEC. 518. <<NOTE: 49 USC 44706 note.>> SMALL AIRPORT CERTIFICATION.
Not <<NOTE: Deadlines.>> later than 60 days after the date of the
enactment of this Act, the Administrator shall issue a notice of
proposed rulemaking on implementing section 44706(a)(2) of title 49,
United States Code, relating to issuance of airport operating
certificates for small scheduled passenger air carrier
operations. <<NOTE: Regulations.>> Not later than 1 year after the last
day of the period for public comment provided for in the notice of
proposed rulemaking, the Administrator shall issue a final rule on
implementing such program.
SEC. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.
(a) General Rule.--Chapter 421 is amended by adding at the end the
following:
``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
``Sec. 42121. Protection of employees providing air safety information
``(a) Discrimination Against Airline Employees.--No air carrier or
contractor or subcontractor of an air carrier may discharge an employee
or otherwise discriminate against an employee with respect to
compensation, terms, conditions, or privileges of employment because the
employee (or any person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause to be
provided to the employer or Federal Government information
relating to any violation or alleged violation of any order,
regulation, or standard of the Federal Aviation Administration
or any
[[Page 114 STAT. 146]]
other provision of Federal law relating to air carrier safety
under this subtitle or any other law of the United States;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of any
order, regulation, or standard of the Federal Aviation
Administration or any other provision of Federal law relating to
air carrier safety under this subtitle or any other law of the
United States;
``(3) testified or is about to testify in such a proceeding;
or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.
``(b) Department of Labor Complaint Procedure.--
``(1) Filing <<NOTE: Deadline.>> and notification.--A person
who believes that he or she has been discharged or otherwise
discriminated against by any person in violation of subsection
(a) may, not later than 90 days after the date on which such
violation occurs, file (or have any person file on his or her
behalf) a complaint with the Secretary of Labor alleging such
discharge or discrimination. Upon receipt of such a complaint,
the Secretary of Labor shall notify, in writing, the person
named in the complaint and the Administrator of the Federal
Aviation Administration of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities that
will be afforded to such person under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not <<NOTE: Deadlines.>> later
than 60 days after the date of receipt of a complaint
filed under paragraph (1) and after affording the person
named in the complaint an opportunity to submit to the
Secretary of Labor a written response to the complaint
and an opportunity to meet with a representative of the
Secretary to present statements from witnesses, the
Secretary of Labor shall conduct an investigation and
determine whether there is reasonable cause to believe
that the complaint has merit and notify, in writing, the
complainant and the person alleged to have committed a
violation of subsection (a) of the Secretary's findings.
If the Secretary of Labor concludes that there is a
reasonable cause to believe that a violation of
subsection (a) has occurred, the Secretary shall
accompany the Secretary's findings with a preliminary
order providing the relief prescribed by paragraph
(3)(B). Not later than 30 days after the date of
notification of findings under this paragraph, either
the person alleged to have committed the violation or
the complainant may file objections to the findings or
preliminary order, or both, and request a hearing on the
record. The filing of such objections shall not operate
to stay any reinstatement remedy contained in the
preliminary order. Such hearings shall be conducted
expeditiously. If a hearing is not requested in such 30-
day period, the preliminary order shall be deemed a
final order that is not subject to judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The
Secretary of Labor shall dismiss a complaint filed
[[Page 114 STAT. 147]]
under this subsection and shall not conduct an
investigation otherwise required under
subparagraph (A) unless the complainant makes a
prima facie showing that any behavior described in
paragraphs (1) through (4) of subsection (a) was a
contributing factor in the unfavorable personnel
action alleged in the complaint.
``(ii) Showing by employer.--Notwithstanding a
finding by the Secretary that the complainant has
made the showing required under clause (i), no
investigation otherwise required under
subparagraph (A) shall be conducted if the
employer demonstrates, by clear and convincing
evidence, that the employer would have taken the
same unfavorable personnel action in the absence
of that behavior.
``(iii) Criteria for determination by
secretary.--The Secretary may determine that a
violation of subsection (a) has occurred only if
the complainant demonstrates that any behavior
described in paragraphs (1) through (4) of
subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the
complaint.
``(iv) Prohibition.--Relief may not be ordered
under subparagraph (A) if the employer
demonstrates by clear and convincing evidence that
the employer would have taken the same unfavorable
personnel action in the absence of that behavior.
``(3) Final order.--
``(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the date of
conclusion of a hearing under paragraph (2), the
Secretary of Labor shall issue a final order providing
the relief prescribed by this paragraph or denying the
complaint. At any time before issuance of a final order,
a proceeding under this subsection may be terminated on
the basis of a settlement agreement entered into by the
Secretary of Labor, the complainant, and the person
alleged to have committed the violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary of Labor determines
that a violation of subsection (a) has occurred, the
Secretary of Labor shall order the person who committed
such violation to--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to his or her
former position together with the compensation
(including back pay) and restore the terms,
conditions, and privileges associated with his or
her employment; and
``(iii) provide compensatory damages to the
complainant.
If such an order is issued under this paragraph, the
Secretary of Labor, at the request of the complainant,
shall assess against the person against whom the order
is issued a sum equal to the aggregate amount of all
costs and expenses (including attorneys' and expert
witness fees) reasonably incurred, as determined by the
Secretary of Labor, by the complainant for, or in
connection with, the bringing the complaint upon which
the order was issued.
[[Page 114 STAT. 148]]
``(C) Frivolous complaints.--If the Secretary of
Labor finds that a complaint under paragraph (1) is
frivolous or has been brought in bad faith, the
Secretary of Labor may award to the prevailing employer
a reasonable attorney's fee not exceeding $1,000.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order issued under
paragraph (3) may obtain review of the order in the
United States Court of Appeals for the circuit in which
the violation, with respect to which the order was
issued, allegedly occurred or the circuit in which the
complainant resided on the date of such
violation. <<NOTE: Deadline.>> The petition for review
must be filed not later than 60 days after the date of
the issuance of the final order of the Secretary of
Labor. Review shall conform to chapter 7 of title 5,
United States Code. The commencement of proceedings
under this subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
``(B) Limitation on collateral attack.--An order of
the Secretary of Labor with respect to which review
could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or
other civil proceeding.
``(5) Enforcement of order by secretary of labor.--Whenever
any person has failed to comply with an order issued under
paragraph (3), the Secretary of Labor may file a civil action in
the United States district court for the district in which the
violation was found to occur to enforce such order. In actions
brought under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including, but not
limited to, injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order was issued under paragraph (3) may
commence a civil action against the person to whom such
order was issued to require compliance with such order.
The appropriate United States district court shall have
jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, to
enforce such order.
``(B) Attorney fees.--The court, in issuing any
final order under this paragraph, may award costs of
litigation (including reasonable attorney and expert
witness fees) to any party whenever the court determines
such award is appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding brought under section 1361
of title 28, United States Code.
``(d) Nonapplicability to Deliberate Violations.--
Subsection (a) shall not apply with respect to an employee of an air
carrier, contractor, or subcontractor who, acting without direction from
such air carrier, contractor, or subcontractor (or such person's agent),
deliberately causes a violation of any requirement relating to air
carrier safety under this subtitle or any other law of the United
States.
[[Page 114 STAT. 149]]
``(e) Contractor Defined.--In this section, the term `contractor'
means a company that performs safety-sensitive functions by contract for
an air carrier.''.
(b) Conforming Amendment.--The analysis for chapter 421 is amended
by adding at the end the following:
``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
``42121. Protection of employees providing air safety information.''.
(c) Civil Penalty.--Section 46301(a)(1)(A) is amended by striking
``subchapter II of chapter 421'' and inserting ``subchapter II or III of
chapter 421''.
SEC. 520. <<NOTE: 49 USC 44505 note.>> OCCUPATIONAL INJURIES OF AIRPORT
WORKERS.
(a) Study.--The Administrator shall conduct a study to determine the
number of persons working at airports who are injured or killed as a
result of being struck by a moving vehicle while on an airport tarmac,
the seriousness of the injuries to such persons, and whether or not
reflective safety vests or other actions should be required to enhance
the safety of such workers.
(b) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under this
section.
TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY
SEC. 601. <<NOTE: 49 USC 44721 note.>> TRANSFER OF FUNCTIONS, POWERS,
AND DUTIES.
Effective <<NOTE: Effective date.>> October 1, 2000, there are
transferred to the Federal Aviation Administration and vested in the
Administrator the functions, powers, and duties of the Secretary of
Commerce and other officers of the Department of Commerce that relate to
the Office of Aeronautical Charting and Cartography and are set forth in
section 44721 of title 49, United States Code.
SEC. 602. <<NOTE: 49 USC 44721 note.>> TRANSFER OF OFFICE, PERSONNEL,
AND FUNDS.
(a) Transfer <<NOTE: Effective dates.>> of Office.--Effective
October 1, 2000, the Office of Aeronautical Charting and Cartography of
the National Oceanic and Atmospheric Administration, Department of
Commerce, is transferred to the Federal Aviation Administration.
(b) Other Transfers.--Effective October 1, 2000, the personnel
employed in connection with, and the assets, liabilities, contracts,
property, equipment, facilities, records, and unexpended balance of
appropriations, and other funds employed, held, used, arising from,
available to, or to be made available in connection with the function
and offices, or portions of offices, transferred by this title,
including all Senior Executive Service positions, subject to section
1531 of title 31, United States Code, are transferred to the
Administrator of the Federal Aviation Administration for appropriate
allocation. Personnel employed in connection with functions transferred
by this title transfer under any applicable law and regulation relating
to transfer of functions. Unexpended funds transferred under this
section shall be used only for the purposes for which the funds were
originally authorized and appropriated, except that funds may be used
for expenses associated with the transfer authorized by this title.
[[Page 114 STAT. 150]]
SEC. 603. AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) In General.--Section 44721 is amended to read as follows:
``Sec. 44721. Aeronautical charts and related products and services
``(a) Publication.--
``(1) In general.--The Administrator of the Federal Aviation
Administration may arrange for the publication of aeronautical
maps and charts necessary for the safe and efficient movement of
aircraft in air navigation, using the facilities and assistance
of departments, agencies, and instrumentalities of the United
States Government as far as practicable.
``(2) Navigation routes.--In carrying out paragraph (1), the
Administrator shall update and arrange for the publication of
clearly defined routes for navigating through a complex terminal
airspace area and to and from an airport located in such an
area, if the Administrator decides that publication of the
routes would promote safety in air navigation. The routes shall
be developed in consultation with pilots and other users of
affected airports and shall be for the optional use of pilots
operating under visual flight rules.
``(b) Indemnification.--The Government shall make an agreement to
indemnify any person that publishes a map or chart for use in
aeronautics from any part of a claim arising out of the depiction by the
person on the map or chart of a defective or deficient flight procedure
or airway if the flight procedure or airway was--
``(1) prescribed by the Administrator;
``(2) depicted accurately on the map or chart; and
``(3) not obviously defective or deficient.
``(c) Authority of Office of Aeronautical Charting and
Cartography.--Effective <<NOTE: Effective date.>> October 1, 2000, the
Administrator is vested with and shall exercise the functions, powers,
and duties of the Secretary of Commerce and other officers of the
Department of Commerce that relate to the Office of Aeronautical
Charting and Cartography to provide aeronautical charts and related
products and services for the safe and efficient navigation of air
commerce, under the following authorities:
``(1) Sections 1 through 9 of the Act entitled `An Act to
define the functions and duties of the Coast and Geodetic
Survey, and for other purposes', approved August 6, 1947, (33
U.S.C. 883a-883h).
``(2) Section 6082 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (33 U.S.C. 883j).
``(3) Section 1307 of title 44, United States Code.
``(4) The provision of title II of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1995 under the heading `National
Oceanic and Atmospheric Administration' relating to aeronautical
charts (44 U.S.C. 1307 note).
``(d) Authority.--In order that full public benefit may be derived
from the dissemination of data resulting from activities under this
section and of related data from other sources, the Administrator may--
``(1) develop, process, disseminate and publish digital and
analog data, information, compilations, and reports;
[[Page 114 STAT. 151]]
``(2) compile, print, and disseminate aeronautical charts
and related products and services of the United States and its
territories and possessions;
``(3) compile, print, and disseminate aeronautical charts
and related products and services covering international
airspace as are required primarily by United States civil
aviation; and
``(4) compile, print, and disseminate nonaeronautical
navigational, transportation or public-safety-related products
and services when in the best interests of the Government.
``(e) Contracts, Cooperative Agreements, Grants, and Other
Agreements.--
``(1) Contracts.--The Administrator is authorized to
contract with qualified organizations for the performance of any
part of the authorized functions of the Office of Aeronautical
Charting and Cartography when the Administrator deems such
procedure to be in the public interest and will not compromise
public safety.
``(2) Cooperative agreements, grants, and other
agreements.--The Administrator is authorized to enter into
cooperative agreements, grants, reimbursable agreements,
memoranda of understanding and other agreements, with a State,
subdivision of a State, Federal agency, public or private
organization, or individual, to carry out the purposes of this
section.
``(f ) Special Services and Products.--
``(1) In general.--The Administrator is authorized, at the
request of a State, subdivision of a State, Federal agency,
public or private organization, or individual, to conduct
special services, including making special studies, or
developing special publications or products on matters relating
to navigation, transportation, or public safety.
``(2) Fees.--The Administrator shall assess a fee for any
special service provided under paragraph (1). A fee shall be not
more than the actual or estimated full cost of the service. A
fee may be reduced or waived for research organizations,
educational organizations, or non-profit organizations, when the
Administrator determines that reduction or waiver of the fee is
in the best interest of the Government by furthering public
safety.
``(g) Sale and Dissemination of Aeronautical Products.--
``(1) In general.--Aeronautical products created or
maintained under the authority of this section shall be sold at
prices established annually by the Administrator consistent with
the following:
``(A) Maximum price.--Subject to subparagraph (B),
the price of an aeronautical product sold to the public
shall be not more than necessary to recover all costs
attributable to: (i) data base management and
processing; (ii) compilation; (iii) printing or other
types of reproduction; and (iv) dissemination of the
product.
``(B) Adjustment of price.--The Administrator shall
adjust the price of an aeronautical product and service
sold to the public as necessary to avoid any adverse
impact on aviation safety attributable to the price
specified under this paragraph.
``(C) Costs attributable to acquisition of
aeronautical data.--A price established under this
paragraph
[[Page 114 STAT. 152]]
may not include costs attributable to the acquisition of
aeronautical data.
``(2) Publication of prices.--The Administrator shall
publish annually the prices at which aeronautical products are
sold to the public.
``(3) Distribution.--The Administrator may distribute
aeronautical products and provide aeronautical services--
``(A) without charge to each foreign government or
international organization with which the Administrator
or a Federal department or agency has an agreement for
exchange of these products or services without cost;
``(B) at prices the Administrator establishes, to
the departments and officers of the United States
requiring them for official use; and
``(C) at reduced or no charge where, in the
judgment of the Administrator, furnishing the
aeronautical product or service to a recipient is a
reasonable exchange for voluntary contribution of
information by the recipient to the activities under
this section.
``(4) Fees.--The fees provided for in this subsection are
for the purpose of reimbursing the Government for the costs of
creating, printing and disseminating aeronautical products and
services under this section. The collection of fees authorized
by this section does not alter or expand any duty or liability
of the Government under existing law for the performance of
functions for which fees are collected, nor does the collection
of fees constitute an express or implied undertaking by the
Government to perform any activity in a certain manner.''.
(b) Conforming Amendment.--The chapter analysis of chapter 447 is
amended by striking the item relating to section 44721 and inserting the
following:
``44721. Aeronautical charts and related products and services.''.
SEC. 604. <<NOTE: 49 USC 44721 note.>> SAVINGS PROVISION.
(a) Continued Effectiveness of Directives.--All orders,
determinations, rules, regulations, permits, contracts, certificates,
licenses, privileges, and financial assistance that--
(1) have been issued, made, granted, or allowed to become
effective by the President of the United States, the Secretary
of Commerce, the Administrator of the National Oceanic and
Atmospheric Administration, any Federal agency or official
thereof, or by a court of competent jurisdiction, in the
performance of functions which are transferred by this title;
and
(2) are in effect on the date of transfer,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President of the United States, the Administrator of the Federal
Aviation Administration, a court of competent jurisdiction, or by
operation of law.
(b) Continued Effectiveness of Pending Actions.--
(1) In general.--The provisions of this title shall not
affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending on the date of
transfer before the Department of Commerce or the National
Oceanic and Atmospheric Administration, or any officer of such
Department or Administration, with respect to functions
transferred by this title, but
[[Page 114 STAT. 153]]
such proceedings or applications, to the extent that they relate
to functions transferred, shall be continued in accord with
transition guidelines promulgated by the Administrator of the
Federal Aviation Administration under the authority of this
section. Orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by the
Administrator of the Federal Aviation Administration, by a court
of competent jurisdiction, or by operation of law. Nothing in
this subsection prohibits the discontinuance or modification of
any such proceeding under the same terms and conditions and to
the same extent that such proceeding could have been
discontinued or modified if this title had not been enacted.
(2) Transition guidelines.--The Secretary of Commerce, the
Administrator of the National Oceanic and Atmospheric
Administration, and the Administrator of the Federal Aviation
Administration are authorized to issue transition guidelines
providing for the orderly transfer of proceedings and otherwise
to accomplish the orderly transfer of functions, personnel and
property under this title.
(c) Continued Effectiveness of Judicial Actions.--No cause of action
by or against the Department of Commerce or the National Oceanic and
Atmospheric Administration with respect to functions transferred by this
title, or by or against any officer thereof in the official's capacity,
shall abate by reason of the enactment of this title. Causes of action
and actions with respect to a function or office transferred by this
title, or other proceedings may be asserted by or against the United
States or an official of the Federal Aviation Administration, as may be
appropriate, and, in an action pending when this title takes effect, the
court may at any time, on its own motion or that of any party, enter an
order that will give effect to the provisions of this subsection.
(d) Substitution or Addition of Parties to Judicial Actions.--If, on
the date of transfer, the Department of Commerce or the National Oceanic
and Atmospheric Administration, or any officer of the Department or
Administration in an official capacity, is a party to an action, and
under this title any function relating to the action of the Department,
Administration, or officer is transferred to the Federal Aviation
Administration, then such action shall be continued with the
Administrator of the Federal Aviation Administration substituted or
added as a party.
(e) Continued Jurisdiction Over Actions Transferred.--Orders and
actions of the Administrator of the Federal Aviation Administration in
the exercise of functions transferred by this title shall be subject to
judicial review to the same extent and in the same manner as if such
orders and actions had been by the Department of Commerce or the
National Oceanic and Atmospheric Administration, or any office or
officer of such Department or Administration, in the exercise of such
functions immediately preceding their transfer.
(f ) Liabilities and Obligations.--The Administrator of the Federal
Aviation Administration shall assume all liabilities and obligations
(tangible and incorporeal, present and executory) associated with the
functions transferred under this title on the date of transfer,
including leases, permits, licenses, contracts, agreements, claims,
tariffs, accounts receivable, accounts payable, financial assistance,
and litigation relating to such obligations, regardless
[[Page 114 STAT. 154]]
whether judgment has been entered, damages awarded, or appeal taken.
SEC. 605. NATIONAL OCEAN SURVEY.
(a) Charts and Publications.--Section 2 of the Act entitled ``An Act
to define the functions and duties of the Coast and Geodetic Survey, and
for other purposes'', approved August 6, 1947 (33 U.S.C. 883b), is
amended--
(1) by striking paragraphs (3) and (5), and redesignating
paragraphs (4) and (6) as paragraphs (3) and (4), respectively;
(2) by striking ``charts of the United States, its
Territories, and possessions;'' in paragraph (3), as
redesignated, and inserting ``charts;''; and
(3) by striking ``publications for the United States, its
Territories, and possessions'' in paragraph (4), as
redesignated, and inserting ``publications''.
(b) Cooperative and Other Agreements.--Section 5(1) of such Act (33
U.S.C. 883e(1)) is amended--
(1) by striking ``cooperative agreements'' and inserting
``cooperative agreements, or any other agreements,''; and
(2) in paragraph (2) by striking ``cooperative''.
SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL PRODUCTS BY
NOAA.
(a) In General.--Section 1307 of title 44, United States Code, is
amended--
(1) in the section heading by striking ``and aeronautical'';
and
(2) by striking ``and aeronautical'' and ``or aeronautical''
each place they appear.
(b) Prices.--Section 1307(a)(2)(B) of such title is amended by
striking ``aviation and''.
(c) Fees.--Section 1307(d) of such title 44 is amended by striking
``aeronautical and''.
(d) Conforming Amendment.--The analysis for chapter 13 of title 44,
United States Code, is amended in the item relating to section 1307 by
striking ``and aeronautical''.
SEC. 607. <<NOTE: 49 USC 44721 note.>> PROCUREMENT OF PRIVATE ENTERPRISE
MAPPING, CHARTING, AND GEOGRAPHIC INFORMATION SYSTEMS.
The Administrator shall consider procuring mapping, charting, and
geographic information systems necessary to carry out the duties of the
Administrator under title 49, United States Code, from private
enterprises, if the Administrator determines that such procurement
furthers the mission of the Federal Aviation Administration and is cost
effective.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.
Section 106(g)(1)(A) is amended by striking ``40113(a), (c), and
(d),'' and all that follows through ``45302-45304,'' and inserting
``40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter
445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4),
44503, 44506, 44509, 44510, 44514, and 44515), chapter
[[Page 114 STAT. 155]]
447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b),
44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905,
44907-44911, 44913, 44915, and 44931-44934), chapter 451, chapter 453,
sections''.
SEC. 702. PUBLIC AIRCRAFT.
(a) Definition of Public Aircraft.--Section 40102(a)(37) is amended
to read as follows:
``(37) `public aircraft' means any of the following:
``(A) Except with respect to an aircraft described
in subparagraph (E), an aircraft used only for the
United States Government, except as provided in section
40125(b).
``(B) An aircraft owned by the Government and
operated by any person for purposes related to crew
training, equipment development, or demonstration,
except as provided in section 40125(b).
``(C) An aircraft owned and operated by the
government of a State, the District of Columbia, or a
territory or possession of the United States or a
political subdivision of one of these governments,
except as provided in section 40125(b).
``(D) An aircraft exclusively leased for at least 90
continuous days by the government of a State, the
District of Columbia, or a territory or possession of
the United States or a political subdivision of one of
these governments, except as provided in section
40125(b).
``(E) An aircraft owned or operated by the armed
forces or chartered to provide transportation to the
armed forces under the conditions specified by section
40125(c).''.
(b) Qualifications for Public Aircraft Status.--
(1) In General.--Chapter 401 is further amended by adding at
the end the following:
``Sec. 40125. Qualifications for public aircraft status
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Commercial purposes.--The term `commercial purposes'
means the transportation of persons or property for compensation
or hire, but does not include the operation of an aircraft by
the armed forces for reimbursement when that reimbursement is
required by any Federal statute, regulation, or directive, in
effect on November 1, 1999, or by one government on behalf of
another government under a cost reimbursement agreement if the
government on whose behalf the operation is conducted certifies
to the Administrator of the Federal Aviation Administration that
the operation is necessary to respond to a significant and
imminent threat to life or property (including natural
resources) and that no service by a private operator is
reasonably available to meet the threat.
``(2) Governmental function.--The term `governmental
function' means an activity undertaken by a government, such as
national defense, intelligence missions, firefighting, search
and rescue, law enforcement (including transport of prisoners,
detainees, and illegal aliens), aeronautical research, or
biological or geological resource management.
[[Page 114 STAT. 156]]
``(3) Qualified non-crewmember.--The term `qualified non-
crewmember' means an individual, other than a member of the
crew, aboard an aircraft--
``(A) operated by the armed forces or an
intelligence agency of the United States Government; or
``(B) whose presence is required to perform, or is
associated with the performance of, a governmental
function.
``(4) Armed forces.--The term `armed forces' has the meaning
given such term by section 101 of title 10.
``(b) Aircraft Owned by Governments.--An aircraft described in
subparagraph (A), (B), (C), or (D) of section 40102(a)(37) does not
qualify as a public aircraft under such section when the aircraft is
used for commercial purposes or to carry an individual other than a
crewmember or a qualified non-crewmember.
``(c) Aircraft Owned or Operated by the Armed Forces.--
``(1) In general.--Subject to paragraph (2), an aircraft
described in section 40102(a)(37)(E) qualifies as a public
aircraft if--
``(A) the aircraft is operated in accordance with
title 10;
``(B) the aircraft is operated in the performance of
a governmental function under title 14, 31, 32, or 50
and the aircraft is not used for commercial purposes; or
``(C) the aircraft is chartered to provide
transportation to the armed forces and the Secretary of
Defense (or the Secretary of the department in which the
Coast Guard is operating) designates the operation of
the aircraft as being required in the national interest.
``(2) Limitation.--An aircraft that meets the criteria set
forth in paragraph (1) and that is owned or operated by the
National Guard of a State, the District of Columbia, or any
territory or possession of the United States, qualifies as a
public aircraft only to the extent that it is operated under the
direct control of the Department of Defense.''.
(2) Conforming amendment.--The analysis for chapter 401 is
amended by adding at the end the following:
``40125. Qualifications for public aircraft status.''.
(c) Safety of Public Aircraft.--
(1) Study.--The National Transportation Safety Board shall
conduct a study to compare the safety of public aircraft and
civil aircraft. In conducting the study, the Board shall review
safety statistics on aircraft operations since 1993.
(2) Report.--Not <<NOTE: Deadline.>> later than 6 months
after the date of the enactment of this Act, the National
Transportation Safety Board shall transmit to Congress a report
containing the results of the study conducted under paragraph
(1).
SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.
Section 40110 (as amended by section 307(b) of this Act) is further
amended by adding at the end the following:
``(e) Prohibition on Release of Offeror Proposals.--
``(1) General rule.--Except as provided in paragraph (2), a
proposal in the possession or control of the Administrator may
not be made available to any person under section 552 of title
5.
``(2) Exception.--Paragraph <<NOTE: Federal Register,
publication.>> (1) shall not apply to any portion of a proposal
of an offeror the disclosure of which is
[[Page 114 STAT. 157]]
authorized by the Administrator pursuant to procedures published
in the Federal Register. The Administrator shall provide an
opportunity for public comment on the procedures for a period of
not less than 30 days beginning on the date of such publication
in order to receive and consider the views of all interested
parties on the procedures. The procedures shall not take effect
before the 60th day following the date of such publication.
``(3) Proposal defined.--In this subsection, the term
`proposal' means information contained in or originating from
any proposal, including a technical, management, or cost
proposal, submitted by an offeror in response to the
requirements of a solicitation for a competitive proposal.''.
SEC. 704. <<NOTE: 49 USC 40110 note.>> FAA EVALUATION OF LONG-TERM
CAPITAL LEASING.
(a) In General.--The Administrator may carry out a pilot program in
fiscal years 2001 through 2003 to test and evaluate the benefits of
long-term contracts for the leasing of aviation equipment and
facilities.
(b) Period of Contracts.--Notwithstanding any other provision of
law, the Administrator may enter into a contract under the program to
lease aviation equipment or facilities for a period of greater than 5
years.
(c) Number of Contracts.--The Administrator may not enter into more
that 10 contracts under the program.
(d) Types of Contracts.--The contracts to be evaluated under the
program may include contracts for telecommunication services that are
provided through the use of a satellite, requirements related to oceanic
and air traffic control, air-to-ground radio communications, and air
traffic control tower construction.
SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING FISCAL
YEARS.
(a) In General.--Chapter 401 (as amended by section 702(b) of this
Act) is further amended by adding at the end the following:
``Sec. 40126. Severable services contracts for periods crossing fiscal
years
``(a) In General.--The Administrator of the Federal Aviation
Administration may enter into a contract for procurement of severable
services for a period that begins in 1 fiscal year and ends in the next
fiscal year if (without regard to any option to extend the period of the
contract) the contract period does not exceed 1 year.
``(b) Obligation of Funds.--Funds made available for a fiscal year
may be obligated for the total amount of a contract entered into under
the authority of subsection (a).''.
(b) Conforming Amendment.--The analysis for chapter 401 is amended
by adding at the end the following:
``40126. Severable services contracts for periods crossing fiscal
years.''.
SEC. 706. PROHIBITIONS ON DISCRIMINATION.
(a) In General.--Chapter 401 (as amended by section 705 of this Act)
is further amended by adding at the end the following:
``Sec. 40127. Prohibitions on discrimination
``(a) Persons in Air Transportation.--An air carrier or foreign air
carrier may not subject a person in air transportation to
[[Page 114 STAT. 158]]
discrimination on the basis of race, color, national origin, religion,
sex, or ancestry.
``(b) Use of Private Airports.--Notwithstanding any other provision
of law, no State or local government may prohibit the use or full
enjoyment of a private airport within its jurisdiction by any person on
the basis of that person's race, color, national origin, religion, sex,
or ancestry.''.
(b) Conforming Amendment.--The analysis for chapter 401 is further
amended by adding at the end the following:
``40127. Prohibitions on discrimination.''.
SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS.
(a) In General.--Section 41705 is amended--
(1) by inserting ``(a) In General.--'' before ``In
providing'';
(2) by striking ``carrier'' and inserting ``carrier,
including (subject to section 40105(b)) any foreign air
carrier,''; and
(3) by adding at the end the following:
``(b) Each Act Constitutes Separate Offense.--For purposes of
section 46301(a)(3)(E), a separate violation occurs under this section
for each individual act of discrimination prohibited by subsection (a).
``(c) Investigation of Complaints.--
``(1) In general.--The Secretary shall investigate each
complaint of a violation of subsection (a).
``(2) Publication of data.--The Secretary shall publish
disability-related complaint data in a manner comparable to
other consumer complaint data.
``(3) Review and report.--The Secretary shall regularly
review all complaints received by air carriers alleging
discrimination on the basis of disability and shall report
annually to Congress on the results of such review.
``(4) Technical <<NOTE: Deadline.>> assistance.--Not later
than 180 days after the date of the enactment of this
subsection, the Secretary shall--
``(A) implement a plan, in consultation with the
Department of Justice, the United States Architectural
and Transportation Barriers Compliance Board, and the
National Council on Disability, to provide technical
assistance to air carriers and individuals with
disabilities in understanding the rights and
responsibilities set forth in this section; and
``(B) ensure the availability and provision of
appropriate technical assistance manuals to individuals
and entities with rights or responsibilities under this
section.''.
(b) Civil Penalty.--Section 46301(a)(3) (as amended by section
504(b) of this Act) is further amended by adding at the end the
following:
``(E) a violation of section 41705, relating to
discrimination against handicapped individuals.''.
(c) Establishment <<NOTE: 49 USC 41705 note.>> of Higher
International Standards.--The Secretary shall work with appropriate
international organizations and the aviation authorities of other
nations to bring about the establishment of higher standards for
accommodating handicapped passengers in air transportation, particularly
with respect to foreign air carriers that code-share with air carriers.
[[Page 114 STAT. 159]]
SEC. 708. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.
(a) In General.--Section 41706 is amended to read as follows:
``Sec. 41706. Prohibitions against smoking on scheduled flights
``(a) Smoking Prohibition in Intrastate and Interstate Air
Transportation.--An individual may not smoke in an aircraft in scheduled
passenger interstate air transportation or scheduled passenger
intrastate air transportation.
``(b) Smoking Prohibition in Foreign Air Transportation.--The
Secretary of Transportation shall require all air carriers and foreign
air carriers to prohibit smoking in any aircraft in scheduled passenger
foreign air transportation.
``(c) Limitation on Applicability.--
``(1) In general.--If a foreign government objects to the
application of subsection (b) on the basis that subsection (b)
provides for an extraterritorial application of the laws of the
United States, the Secretary shall waive the application of
subsection (b) to a foreign air carrier licensed by that foreign
government at such time as an alternative prohibition negotiated
under paragraph (2) becomes effective and is enforced by the
Secretary.
``(2) Alternative prohibition.--If, pursuant to paragraph
(1), a foreign government objects to the prohibition under
subsection (b), the Secretary shall enter into bilateral
negotiations with the objecting foreign government to provide
for an alternative smoking prohibition.
``(d) Regulations.--The Secretary shall prescribe such regulations
as are necessary to carry out this section.''.
(b) Effective <<NOTE: 49 USC 41706 note.>> Date.--The amendment made
by subsection (a) shall take effect on the date that is 60 days after
the date of the enactment of this Act.
SEC. 709. JOINT VENTURE AGREEMENT.
Section 41720, as redesignated by section 231(b)(1) of this Act, is
amended by striking ``an agreement entered into by a major air carrier''
and inserting ``an agreement between two or more major air carriers''.
SEC. 710. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING AIR
TRANSPORT.
(a) In General.--Subchapter I of chapter 417 (as amended by section
231(b) of this Act) is further amended by adding at the end the
following:
``Sec. 41721. Reports by carriers on incidents involving animals during
air transport
``(a) In General.--An air carrier that provides scheduled passenger
air transportation shall submit monthly to the Secretary a report on any
incidents involving the loss, injury, or death of an animal (as defined
by the Secretary of Transportation) during air transport provided by the
air carrier. The report shall be in such form and contain such
information as the Secretary determines appropriate.
``(b) Training of Air Carrier Employees.--The Secretary shall work
with air carriers to improve the training of employees with respect to
the air transport of animals and the notification of passengers of the
conditions under which the air transport of animals is conducted.
[[Page 114 STAT. 160]]
``(c) Sharing of Information.--The Secretary and the Secretary of
Agriculture shall enter into a memorandum of understanding to ensure the
sharing of information that the Secretary receives under subsection (a).
``(d) Publication of Data.--The Secretary shall publish data on
incidents and complaints involving the loss, injury, or death of an
animal during air transport in a manner comparable to other consumer
complaint and incident data.
``(e) Air Transport.--For purposes of this section, the air
transport of an animal includes the entire period during which an animal
is in the custody of an air carrier, from check-in of the animal prior
to departure until the animal is returned to the owner or guardian of
the animal at the final destination of the animal.''.
(b) Conforming Amendment.--The analysis for such subchapter is
further amended by adding at the end the following:
``41721. Reports by carriers on incidents involving animals during air
transportation.''.
SEC. 711. EXTENSION OF WAR RISK INSURANCE PROGRAM.
Section 44310 is amended by striking ``after'' and all that follows
and inserting ``after December 31, 2003.''.
SEC. 712. GENERAL FACILITIES AND PERSONNEL AUTHORITY.
Section 44502(a) is amended by adding at the end the following:
``(5) Improvements on leased properties.--The Administrator
may make improvements to real property leased for no or nominal
consideration for an air navigation facility, regardless of
whether the cost of making the improvements exceeds the cost of
leasing the real property, if--
``(A) the improvements primarily benefit the
Government;
``(B) the improvements are essential for
accomplishment of the mission of the Federal Aviation
Administration; and
``(C) the interest of the United States Government
in the improvements is protected.''.
SEC. 713. HUMAN FACTORS PROGRAM.
(a) In General.--Chapter 445 is amended by adding at the end the
following:
``Sec. 44516. Human factors program
``(a) Human Factors Training.--
``(1) Air traffic controllers.--The Administrator of the
Federal Aviation Administration shall--
``(A) address the problems and concerns raised by
the National Research Council in its report `The Future
of Air Traffic Control' on air traffic control
automation; and
``(B) respond to the recommendations made by the
National Research Council.
``(2) Pilots and flight crews.--The Administrator shall work
with representatives of the aviation industry and appropriate
aviation programs associated with universities to develop
specific training curricula to address critical safety problems,
including problems of pilots--
``(A) in recovering from loss of control of an
aircraft, including handling unusual attitudes and
mechanical malfunctions;
[[Page 114 STAT. 161]]
``(B) in deviating from standard operating
procedures, including inappropriate responses to
emergencies and hazardous weather;
``(C) in awareness of altitude and location relative
to terrain to prevent controlled flight into terrain;
and
``(D) in landing and approaches, including
nonprecision approaches and go-around procedures.
``(b) Test Program.--The Administrator shall establish a test
program in cooperation with air carriers to use model Jeppesen approach
plates or other similar tools to improve precision-like landing
approaches for aircraft.
``(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this section, the Administrator shall transmit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the status of the Administration's efforts
to encourage the adoption and implementation of advanced qualification
programs for air carriers under this section.
``(d) Advanced Qualification Program Defined.--In this section, the
term `advanced qualification program' means an alternative method for
qualifying, training, certifying, and ensuring the competency of flight
crews and other commercial aviation operations personnel subject to the
training and evaluation requirements of parts 121 and 135 of title 14,
Code of Federal Regulations.''.
(b) Automation <<NOTE: Deadline.>> and Associated Training.--Not
later than 12 months after the date of the enactment of this Act, the
Administrator shall complete updating training practices for flight deck
automation and associated training requirements.
(c) Conforming Amendment.--The analysis for chapter 445 is further
amended by adding at the end the following:
``44516. Human factors program.''.
SEC. 714. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO CONVENTION.
Section 44701 is amended by--
(1) redesignating subsection (e) as subsection (f ); and
(2) by inserting after subsection (d) the following:
``(e) Bilateral Exchanges of Safety Oversight Responsibilities.--
``(1) In general.--Notwithstanding the provisions of this
chapter, the Administrator, pursuant to Article 83 bis of the
Convention on International Civil Aviation and by a bilateral
agreement with the aeronautical authorities of another country,
may exchange with that country all or part of their respective
functions and duties with respect to registered aircraft under
the following articles of the Convention: Article 12 (Rules of
the Air); Article 31 (Certificates of Airworthiness); or Article
32a (Licenses of Personnel).
``(2) Relinquishment and acceptance of responsibility.--The
Administrator relinquishes responsibility with respect to the
functions and duties transferred by the Administrator as
specified in the bilateral agreement, under the Articles listed
in paragraph (1) for United States-registered aircraft described
in paragraph (4)(A) transferred abroad and accepts
responsibility with respect to the functions and duties under
those Articles for aircraft registered abroad and described in
paragraph (4)(B) that are transferred to the United States.
[[Page 114 STAT. 162]]
``(3) Conditions.--The Administrator may predicate, in the
agreement, the transfer of functions and duties under this
subsection on any conditions the Administrator deems necessary
and prudent, except that the Administrator may not transfer
responsibilities for United States registered aircraft described
in paragraph (4)(A) to a country that the Administrator
determines is not in compliance with its obligations under
international law for the safety oversight of civil aviation.
``(4) Registered aircraft defined.--In this subsection, the
term `registered aircraft' means--
``(A) aircraft registered in the United States and
operated pursuant to an agreement for the lease,
charter, or interchange of the aircraft or any similar
arrangement by an operator that has its principal place
of business or, if it has no such place of business, its
permanent residence in another country; and
``(B) aircraft registered in a foreign country and
operated under an agreement for the lease, charter, or
interchange of the aircraft or any similar arrangement
by an operator that has its principal place of business
or, if it has no such place of business, its permanent
residence in the United States.''.
SEC. 715. PUBLIC AVAILABILITY OF AIRMEN RECORDS.
Section 44703 is amended--
(1) by redesignating subsections (c) through (f ) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Public Information.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, the information
contained in the records of contents of any airman certificate
issued under this section that is limited to an airman's name,
address, and ratings held shall be made available to the public
after the 120th day following the date of the enactment of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century.
``(2) Opportunity to withhold information.--Before making
any information concerning an airman available to the public
under paragraph (1), the airman shall be given an opportunity to
elect that the information not be made available to the public.
``(3) Development <<NOTE: Deadline. Notification.>> and
implementation of program.--Not later than 60 days after the
date of the enactment of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century, the Administrator shall
develop and implement, in cooperation with representatives of
the aviation industry, a one-time written notification to airmen
to set forth the implications of making information concerning
an airman available to the public under paragraph (1) and to
carry out paragraph (2). The Administrator shall also provide
such written notification to each individual who becomes an
airman after such date of enactment.''.
SEC. 716. REVIEW PROCESS FOR EMERGENCY ORDERS.
Section 44709(e) is amended to read as follows:
``(e) Effectiveness of Orders Pending Appeal.--
[[Page 114 STAT. 163]]
``(1) In general.--When a person files an appeal with the
Board under subsection (d), the order of the Administrator is
stayed.
``(2) Exception.--Notwithstanding paragraph (1), the order
of the Administrator is effective immediately if the
Administrator advises the Board that an emergency exists and
safety in air commerce or air transportation requires the order
to be effective immediately.
``(3) Review <<NOTE: Deadlines.>> of emergency order.--A
person affected by the immediate effectiveness of the
Administrator's order under paragraph (2) may petition for a
review by the Board, under procedures promulgated by the Board,
of the Administrator's determination that an emergency exists.
Any such review shall be requested not later than 48 hours after
the order is received by the person. If the Board finds that an
emergency does not exist that requires the immediate application
of the order in the interest of safety in air commerce or air
transportation, the order shall be stayed, notwithstanding
paragraph (2). The Board shall dispose of a review request under
this paragraph not later than 5 days after the date on which the
request is filed.
``(4) Final <<NOTE: Deadline.>> disposition.--The Board
shall make a final disposition of an appeal under subsection (d)
not later than 60 days after the date on which the appeal is
filed.''.
SEC. 717. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end the following:
``(f ) Government and Industry Consortia.--The Administrator may
establish at airports such consortia of government and aviation industry
representatives as the Administrator may designate to provide advice on
matters related to aviation security and safety. Such consortia shall
not be considered Federal advisory committees for purposes of the
Federal Advisory Committee Act (5 U.S.C. App.).''.
SEC. 718. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking ``shall'' and inserting
``should''.
SEC. 719. COST RECOVERY FOR FOREIGN AVIATION SERVICES.
Section 45301 is amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) Services (other than air traffic control services)
provided to a foreign government or services provided to any
entity obtaining services outside the United States, except that
the Administrator shall not impose fees in any manner for
production-certification related service performed outside the
United States pertaining to aeronautical products manufactured
outside the United States.''; and
(2) by adding at the end the following:
``(d) Production-Certification Related Service Defined.--In this
section, the term `production-certification related service' has the
meaning given that term in appendix C of part 187 of title 14, Code of
Federal Regulations.''.
SEC. 720. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.
Section 46301 is amended--
(1) in subsection (a)(1)(A) by striking ``46302, 46303,
or'';
[[Page 114 STAT. 164]]
(2) in subsection (d)(7)(A) by striking ``an individual''
the first place it appears and inserting ``a person''; and
(3) in subsection (g) by inserting ``or the Administrator''
after ``Secretary''.
SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.
(a) Repeal.--Section 231 of H.R. 3425 of the 106th Congress, as
enacted into law by section 1000(a)(5) <<NOTE: 49 USC 47528 and
note.>> of Public Law 106-113, is repealed and the provisions of law
amended by such section shall be read as if such section had not been
enacted into law.
(b) Exemption for Aircraft Modification or Disposal, Scheduled Heavy
Maintenance, or Leasing-Related Flights.--Section 47528 is amended--
(1) in subsection (a) by striking ``subsection (b)'' and
inserting ``subsection (b) or (f )'';
(2) in subsection (e) by adding at the end the following:
``(4) An air carrier operating stage 2 aircraft under this
subsection may transport stage 2 aircraft to or from the 48 contiguous
States on a nonrevenue basis in order--
``(A) to perform maintenance (including major alterations)
or preventative maintenance on aircraft operated, or to be
operated, within the limitations of paragraph (2)(B); or
``(B) conduct operations within the limitations of paragraph
(2)(B).''; and
(3) by adding at the end the following:
``(f ) Aircraft Modification, Disposal, Scheduled Heavy Maintenance,
or Leasing.--
``(1) In general.--The Secretary shall permit a person to
operate after December 31, 1999, a stage 2 aircraft in
nonrevenue service through the airspace of the United States or
to or from an airport in the contiguous 48 States in order to--
``(A) sell, lease, or use the aircraft outside the
contiguous 48 States;
``(B) scrap the aircraft;
``(C) obtain modifications to the aircraft to meet
stage 3 noise levels;
``(D) perform scheduled heavy maintenance or
significant modifications on the aircraft at a
maintenance facility located in the contiguous 48
States;
``(E) deliver the aircraft to an operator leasing
the aircraft from the owner or return the aircraft to
the lessor;
``(F) prepare or park or store the aircraft in
anticipation of any of the activities described in
subparagraphs (A) through (E); or
``(G) divert the aircraft to an alternative airport
in the contiguous 48 States on account of weather,
mechanical, fuel, air traffic control, or other safety
reasons while conducting a flight in order to perform
any of the activities described in subparagraphs (A)
through (F).
``(2) Procedure <<NOTE: Deadline.>> To Be Published.--Not
later than 30 days after the date of the enactment of this
subsection, the Secretary shall establish and publish a
procedure to implement paragraph (1) through the use of
categorical waivers, ferry permits, or other means.
``(g) Statutory Construction.--Nothing in this section may be
construed as interfering with, nullifying, or otherwise affecting
[[Page 114 STAT. 165]]
determinations made by the Federal Aviation Administration, or to be
made by the Administration with respect to applications under part 161
of title 14, Code of Federal Regulations, that were pending on November
1, 1999.''.
(c) Noise Standards for Experimental Aircraft.--
(1) In general.--Section 47528(a) is amended by inserting
``(for which an airworthiness certificate other than an
experimental certificate has been issued by the Administrator)''
after ``civil subsonic turbojet''.
(2) Regulations.--Regulations <<NOTE: 49 USC 47528
note.>> contained in title 14, Code of Federal Regulations, that
implement section 47528 of title 49, United States Code, and
related provisions shall be deemed to incorporate the amendment
made by paragraph (1) on the date of the enactment of this Act.
(d) Waivers for Aircraft Not Complying With Stage 3 Noise Levels.--
Section 47528(b)(1) is amended--
(1) in the first sentence by inserting ``or foreign air
carrier'' after ``air carrier''; and
(2) by inserting after ``January 1, 1999,'' the following:
``or, in the case of a foreign air carrier, the 15th day
following the date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century''.
SEC. 722. LAND USE COMPLIANCE REPORT.
Section 47131 is amended--
(1) by inserting ``(a) General Rule.--'' before ``Not
later'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) a detailed statement listing airports that the
Secretary believes are not in compliance with grant assurances
or other requirements with respect to airport lands and
including the circumstances of such noncompliance, the timelines
for corrective action, and the corrective action the Secretary
intends to take to bring the airport sponsor into compliance.
``(b) Special Rule for Listing Noncompliant Airports.--The Secretary
does not have to conduct an audit or make a final determination before
including an airport on the list referred to in subsection (a)(5).''.
SEC. 723. CHARTER AIRLINES.
Section 41104 is amended--
(1) by redesignating subsections (b) and (c) as (c) and (d),
respectively; and
(2) by inserting after subsection (a) the following:
``(b) Scheduled Operations.--
``(1) In general.--An air carrier, including an indirect air
carrier, which operates aircraft designed for more than nine
passenger seats, may not provide regularly scheduled charter air
transportation for which the general public is provided in
advance a schedule containing the departure location, departure
time, and arrival location of the flights to or from an airport
that is not located in Alaska and that does not have an
operating certificate issued under part 139 of title 14, Code of
Federal Regulations (or any subsequent similar regulations).
[[Page 114 STAT. 166]]
``(2) Definition.--In this paragraph, the term `regularly
scheduled charter air transportation' does not include
operations for which the departure time, departure location, and
arrival location are specifically negotiated with the customer
or the customer's representative.''.
SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED.
(a) Study.--The Administrator shall conduct a study of the
appropriateness of allowing an airport that agrees to provide services
to the Federal Emergency Management Agency or to a State or local agency
in the event of an emergency a credit of the value of such services
against the airport's local share under the airport improvement program.
(b) Notification.--The Administrator shall notify nonhub and general
aviation airports that the Administrator is conducting the study under
subsection (a) and give them an opportunity to explain how the credit
described in subsection (a) would benefit such airports.
(c) Report.--Not <<NOTE: Deadline.>> later than 180 days after the
date of the enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under subsection
(a). The report shall identify, at a minimum, the airports that would be
affected by providing the credit described in subsection (a), explain
what sort of emergencies could qualify for such credit, and explain how
the costs would be quantified to determine the credit against the local
share.
SEC. 725. <<NOTE: 49 USC 40101 note.>> PASSENGER CABIN AIR QUALITY.
(a) Study of Air Quality in Passenger Cabins in Commercial
Aircraft.--
(1) In <<NOTE: Deadline.>> general.--Not later than 60 days
after the date of the enactment of this Act, the Administrator
shall arrange for and provide necessary data to the National
Academy of Sciences to conduct a 12-month, independent study of
air quality in passenger cabins of aircraft used in air
transportation and foreign air transportation, including the
collection of new data, in coordination with the Federal
Aviation Administration, to identify contaminants in the
aircraft air and develop recommendations for means of reducing
such contaminants.
(2) Alternative air supply.--The study should examine
whether contaminants would be reduced by the replacement of
engine and auxiliary power unit bleed air with an alternative
supply of air for the aircraft passengers and crew.
(3) Scope.--The study shall include an assessment and
quantitative analysis of each of the following:
(A) Contaminants of concern, as determined by the
National Academy of Sciences.
(B) The systems of air supply on aircraft, including
the identification of means by which contaminants may
enter such systems.
(C) The toxicological and health effects of the
contaminants of concern, their byproducts, and the
products of their degradation.
(D) Any contaminant used in the maintenance,
operation, or treatment of aircraft, if a passenger or a
member of the air crew may be directly exposed to the
contaminant.
(E) Actual measurements of the contaminants of
concern in the air of passenger cabins during actual
flights
[[Page 114 STAT. 167]]
in air transportation or foreign air transportation,
along with comparisons of such measurements to actual
measurements taken in public buildings.
(4) Provision of Current Data.--The Administrator shall
collect all data of the Federal Aviation Administration that is
relevant to the study and make the data available to the
National Academy of Sciences in order to complete the study.
(b) Collection of Aircraft Air Quality Data.--
(1) In general.--The Administrator may consider the
feasibility of using the flight data recording system on
aircraft to monitor and record appropriate data related to air
inflow quality, including measurements of the exposure of
persons aboard the aircraft to contaminants during normal
aircraft operation and during incidents involving air quality
problems.
(2) Passenger cabins.--The Administrator may also consider
the feasibility of using the flight data recording system to
monitor and record data related to the air quality in passengers
cabins of aircraft.
SEC. 726. <<NOTE: 49 USC 47508 note.>> STANDARDS FOR AIRCRAFT AND
AIRCRAFT ENGINES TO REDUCE NOISE LEVELS.
(a) Development of New Standards.--The Secretary shall continue to
work to develop through the International Civil Aviation Organization
new performance standards for aircraft and aircraft engines that will
lead to a further reduction in aircraft noise levels.
(b) Goals To Be Considered in Developing New Standards.--In
negotiating standards under subsection (a), the Secretary shall give
high priority to developing standards that--
(1) are performance based and can be achieved by use of a
full range of certifiable noise reduction technologies;
(2) protect the useful economic value of existing Stage 3
aircraft in the United States fleet;
(3) ensure that United States air carriers and aircraft
engine and hushkit manufacturers are not competitively
disadvantaged;
(4) use dynamic economic modeling capable of determining
impacts on all aircraft in service in the United States fleet;
and
(5) continue the use of a balanced approach to address
aircraft environmental issues, taking into account aircraft
technology, land use planning, economic feasibility, and
airspace operational improvements.
(c) Annual <<NOTE: Deadline.>> Report.--Not later than July 1, 2000,
and annually thereafter, the Secretary shall transmit to Congress a
report regarding the application of new standards or technologies to
reduce aircraft noise levels.
SEC. 727. <<NOTE: Deadline. New Mexico.>> TAOS PUEBLO AND BLUE LAKES
WILDERNESS AREA DEMONSTRATION PROJECT.
Not later than 18 months after the date of the enactment of this
Act, the Administrator shall work with the Taos Pueblo to study the
feasibility of conducting a demonstration project to require all
aircraft that fly over Taos Pueblo and the Blue Lake Wilderness Area of
Taos Pueblo, New Mexico, to maintain a mandatory minimum altitude of at
least 5,000 feet above ground level. In conducting the study, the
Administrator shall determine whether itinerant general aviation
aircraft should be exempt from any such requirement.
[[Page 114 STAT. 168]]
SEC. 728. <<NOTE: 49 USC 44720 note.>> AUTOMATED SURFACE OBSERVATION
SYSTEM STATIONS.
The Administrator shall not terminate human weather observers for
Automated Surface Observation System stations until--
(1) the Administrator determines that the system provides
consistent reporting of changing meteorological conditions and
notifies Congress in writing of that determination; and
(2) 60 days have passed since the report was transmitted to
Congress.
SEC. 729. <<NOTE: 49 USC 44103 note.>> AIRCRAFT SITUATIONAL DISPLAY
DATA.
(a) In General.--A memorandum of agreement between the Administrator
and any person that directly obtains aircraft situational display data
from the Federal Aviation Administration shall require that--
(1) the person demonstrate to the satisfaction of the
Administrator that the person is capable of selectively blocking
the display of any aircraft-situation-display-to-industry
derived data related to any identified aircraft registration
number; and
(2) the person agree to block selectively the aircraft
registration numbers of any aircraft owner or operator upon the
Administration's request.
(b) Existing <<NOTE: Deadline.>> Memoranda To Be Conformed.--Not
later than 30 days after the date of the enactment of this Act, the
Administrator shall conform any memoranda of agreement, in effect on
such date of enactment, between the Federal Aviation Administration and
a person under which that person obtains aircraft situational display
data to incorporate the requirements of subsection (a).
SEC. 730. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY
COMPLAINTS.
(a) Hiring <<NOTE: Deadline.>> of Additional Personnel.--For fiscal
year 2001, the Secretary may hire or contract for such additional
personnel as may be necessary to eliminate the backlog of pending equal
employment opportunity complaints to the Department of Transportation
and to ensure that investigations of complaints are completed not later
than 180 days after the date of initiation of the investigation.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for fiscal year 2001.
SEC. 731. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.
The Department of Airports of the City of Los Angeles may grant an
easement to the California Department of Transportation to lands
required to provide sufficient right-of-way to facilitate the
construction of the California State Route 138 bypass, as proposed by
the California Department of Transportation, if the Department of
Airports can document or provide analysis that granting the easement
will benefit the Department of Airports or local airport development to
an extent equal to the value of the easement being granted.
SEC. 732. <<NOTE: 49 USC 44701 note.>> REGULATION OF ALASKA GUIDE
PILOTS.
(a) In <<NOTE: Effective date.>> General.--Beginning on the date of
the enactment of this Act, flight operations conducted by Alaska guide
pilots shall
[[Page 114 STAT. 169]]
be regulated under the general operating and flight rules contained in
part 91 of title 14, Code of Federal Regulations.
(b) Rulemaking Proceeding.--
(1) In general.--The Administrator shall conduct a
rulemaking proceeding and issue a final rule to modify the
general operating and flight rules referred to in subsection (a)
by establishing special rules applicable to the flight
operations conducted by Alaska guide pilots.
(2) Contents of rules.--A final rule issued by the
Administrator under paragraph (1) shall require Alaska guide
pilots--
(A) to operate aircraft inspected no less often than
after 125 hours of flight time;
(B) to participate in an annual flight review, as
described in section 61.56 of title 14, Code of Federal
Regulations;
(C) to have at least 500 hours of flight time as a
pilot;
(D) to have a commercial rating, as described in
subpart F of part 61 of such title;
(E) to hold at least a second-class medical
certificate, as described in subpart C of part 67 of
such title;
(F) to hold a current letter of authorization issued
by the Administrator; and
(G) to take such other actions as the Administrator
determines necessary for safety.
(3) Consideration.--In making a determination to impose a
requirement under paragraph (2)(G), the Administrator shall take
into account the unique conditions associated with air travel in
the State of Alaska to ensure that such requirements are not
unduly burdensome.
(c) Definitions.--In this section, the following definitions apply:
(1) Letter of authorization.--The term ``letter of
authorization'' means a letter issued by the Administrator once
every 5 years to an Alaska guide pilot certifying that the pilot
is in compliance with general operating and flight rules
applicable to the pilot. In the case of a multi-pilot operation,
at the election of the operating entity, a letter of
authorization may be issued by the Administrator to the entity
or to each Alaska guide pilot employed by the entity.
(2) Alaska guide pilot.--The term ``Alaska guide pilot''
means a pilot who--
(A) conducts aircraft operations over or within the
State of Alaska;
(B) operates single engine, fixed-wing aircraft on
floats, wheels, or skis, providing commercial hunting,
fishing, or other guide services and related
accommodations in the form of camps or lodges; and
(C) transports clients by such aircraft incidental
to hunting, fishing, or other guide services.
SEC. 733. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE.
Of the amounts made available pursuant to section 5117(b)(6)(B) of
the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note;
112 Stat. 450), not to exceed $1,000,000 for
[[Page 114 STAT. 170]]
each of fiscal years 2000 and 2001 may be made available by the
Secretary to establish, at an Army depot that has been closed or
realigned, a national transportation data center of excellence that
will--
(1) serve as a satellite facility for the central data
repository that is hosted by the computer center of the
Transportation Administrative Service; and
(2) analyze transportation data collected by the Federal
Government, States, cities, and the transportation industry.
SEC. 734. <<NOTE: 49 USC 44707 note.>> AIRCRAFT REPAIR AND MAINTENANCE
ADVISORY PANEL.
(a) Establishment of Panel.--The Administrator--
(1) shall establish an aircraft repair and maintenance
advisory panel to review issues related to the use and oversight
of aircraft and aviation component repair and maintenance
facilities (in this section referred to as ``aircraft repair
facilities'') located within, or outside of, the United States;
and
(2) may seek the advice of the panel on any issue related to
methods to increase safety by improving the oversight of
aircraft repair facilities.
(b) Membership.--The panel shall consist of--
(1) nine members appointed by the Administrator as
follows:
(A) three representatives of labor organizations
representing aviation mechanics;
(B) one representative of cargo air carriers;
(C) one representative of passenger air carriers;
(D) one representative of aircraft repair
facilities;
(E) one representative of aircraft manufacturers;
(F) one representative of on-demand passenger air
carriers and corporate aircraft operations; and
(G) one representative of regional passenger air
carriers;
(2) one representative from the Department of Commerce,
designated by the Secretary of Commerce;
(3) one representative from the Department of State,
designated by the Secretary of State; and
(4) one representative from the Federal Aviation
Administration, designated by the Administrator.
(c) Responsibilities.--The panel shall--
(1) determine the amount and type of work that is being
performed by aircraft repair facilities located within, and
outside of, the United States; and
(2) provide advice and counsel to the Secretary with respect
to the aircraft and aviation component repair work performed by
aircraft repair facilities and air carriers, staffing needs, and
any balance of trade or safety issues associated with that work.
(d) DOT To Request Information From Air Carriers and Repair
Facilities.--
(1) Collection <<NOTE: Regulations.>> of information.--The
Secretary, by regulation, shall require air carriers, foreign
air carriers, domestic repair facilities, and foreign repair
facilities to submit such information as the Secretary may
require in order to assess balance of trade and safety issues
with respect to work performed on aircraft used by air carriers,
foreign air carriers,
[[Page 114 STAT. 171]]
United States corporate operators, and foreign corporate
operators.
(2) Drug and alcohol testing information.--Included in the
information the Secretary requires under paragraph (1) shall be
information on the existence and administration of employee drug
and alcohol testing programs in place at the foreign repair
facilities, if applicable. The Secretary, if necessary, shall
work with the International Civil Aviation Organization to
increase the number and improve the administration of employee
drug and alcohol testing programs at the foreign repair
facilities.
(3) Description of work done.--Included in the information
the Secretary requires under paragraph (1) shall be information
on the amount and type of work performed on aircraft registered
in and outside of the United States.
(e) DOT To Facilitate Collection of Information About Aircraft
Maintenance.--The Secretary shall facilitate the collection of
information from the National Transportation Safety Board, the Federal
Aviation Administration, and other appropriate agencies regarding
maintenance performed by aircraft repair facilities.
(f ) DOT To Make Information Available to Public.--The Secretary
shall make any relevant information received under subsection (d)
available to the public, consistent with the authority to withhold trade
secrets or commercial, financial, and other proprietary information
under section 552 of title 5, United States Code.
(g) Termination.--The panel established under subsection (a) shall
terminate on the earlier of--
(1) the date that is 2 years after the date of the enactment
of this Act; or
(2) December 31, 2001.
(h) Definitions.--The <<NOTE: Applicability.>> definitions contained
in section 40102 of title 49, United States Code, shall apply to this
section.
SEC. 735. <<NOTE: 49 USC 40101 note.>> OPERATIONS OF AIR TAXI INDUSTRY.
(a) Study.--The Administrator, in consultation with the National
Transportation Safety Board and other interested persons, shall conduct
a study of air taxi operators regulated under part 135 of title 14, Code
of Federal Regulations.
(b) Contents.--The study shall include an analysis of the size and
type of the aircraft fleet, relevant aircraft equipment, hours flown,
utilization rates, safety record by various categories of use and
aircraft type, sales revenues, and airports served by the air taxi
fleet.
(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study.
SEC. 736. <<NOTE: 49 USC 40103 note.>> NATIONAL AIRSPACE REDESIGN.
(a) Findings.--Congress makes the following findings:
(1) The national airspace, comprising more than 29 million
square miles, handles more than 55,000 flights per day.
(2) Almost 2,000,000 passengers per day traverse the United
States through 20 major en route centers, including more than
700 different sectors.
(3) Redesign and review of the national airspace may produce
benefits for the travelling public by increasing the efficiency
and capacity of the air traffic control system and reducing
delays.
[[Page 114 STAT. 172]]
(4) Redesign of the national airspace should be a high
priority for the Federal Aviation Administration and the air
transportation industry.
(b) Redesign.--The Administrator, with advice from the aviation
industry and other interested parties, shall conduct a comprehensive
redesign of the national airspace system.
(c) Report.--Not <<NOTE: Deadline.>> later than December 31, 2000,
the Administrator shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
Administrator's comprehensive national airspace redesign. The report
shall include projected milestones for completion of the redesign and
shall also include a date for completion.
(d) Authorization.--There is authorized to be appropriated to the
Administrator to carry out this section $12,000,000 for each of fiscal
years 2000, 2001, and 2002.
SEC. 737. <<NOTE: 49 USC 47106 note.>> COMPLIANCE WITH REQUIREMENTS.
Notwithstanding any other provision of law, in order to avoid
unnecessary duplication of expense and effort, the Secretary may
authorize the use, in whole or in part, of a completed environmental
assessment or environmental impact study for new construction projects
on the air operations area of an airport, if the completed assessment or
study was for a project at the airport that is substantially similar in
nature to the new project. Any such authorized use shall meet all
requirements of Federal law for the completion of such an assessment or
study.
SEC. 738. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.
The Administrator is encouraged to consider any proposal with a
regional consensus submitted by a State aviation authority regarding the
expansion of existing airport facilities or the introduction of new
airport facilities.
SEC. 739. <<NOTE: Ohio.>> CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.
(a) Approval of Sale.--To maintain the efficient utilization of
airports in the high-growth Cincinnati local airport system, and to
ensure that the Cincinnati-Municipal Blue Ash Airport continues to
operate to relieve congestion at Cincinnati-Northern Kentucky
International Airport and to provide greater access to the general
aviation community beyond the expiration of the City of Cincinnati's
grant obligations, the Secretary may approve the sale of Cincinnati-
Municipal Blue Ash Airport from the City of Cincinnati to the City of
Blue Ash upon a finding that the City of Blue Ash meets all applicable
requirements for sponsorship and if the City of Blue Ash agrees to
continue to maintain and operate Blue Ash Airport, as generally
contemplated and described within the Blue Ash Master Plan Update dated
November 30, 1998, for a period of 20 years from the date existing grant
assurance obligations of the City of Cincinnati expire.
(b) Treatment of Proceeds From Sale.--The Secretary and the
Administrator are authorized to grant the City of Cincinnati an
exemption from the provisions of sections 47107 and 47133 of title 49,
United States Code, grant obligations of the City of Cincinnati, and
regulations and policies of the Federal Aviation Administration, to the
extent necessary to allow the City of Cincinnati to use the proceeds
from the sale approved under subsection (a) for any purpose authorized
by the City of Cincinnati.
[[Page 114 STAT. 173]]
SEC. 740. <<NOTE: 10 USC 2576 note.>> AUTHORITY TO SELL AIRCRAFT AND
AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL SPILLS.
(a) Authority.--
(1) Sale of aircraft and aircraft parts.--Notwithstanding
section 202 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483) and subject to subsections (b) and
(c), the Secretary of Defense may sell, during the period
beginning on the date of the enactment of this Act and ending
September 30, 2002, aircraft and aircraft parts referred to in
paragraph (2) to a person or entity that provides oil spill
response services (including the application of oil dispersants
by air) pursuant to an oil spill response plan that has been
approved by the Secretary of the Department in which the Coast
Guard is operating.
(2) Aircraft and aircraft parts that may be sold.--The
aircraft and aircraft parts that may be sold under paragraph (1)
are aircraft and aircraft parts of the Department of Defense
that are determined by the Secretary of Defense to be--
(A) excess to the needs of the Department; and
(B) acceptable for commercial sale.
(b) Conditions of Sale.--Aircraft and aircraft parts sold under
subsection (a)--
(1) shall have as their primary purpose usage for oil spill
spotting, observation, and dispersant delivery and may not have
any secondary purpose that would interfere with oil spill
response efforts under an oil spill response plan; and
(2) may not be flown outside of or removed from the United
States except for the purpose of fulfilling an international
agreement to assist in oil spill dispersing efforts, for
immediate response efforts for an oil spill outside United
States waters that has the potential to threaten United States
waters, or for other purposes that are jointly approved by the
Secretary of Defense and the Secretary of Transportation.
(c) Certification of Persons and Entities.--The Secretary of Defense
may sell aircraft and aircraft parts to a person or entity under
subsection (a) only if the Secretary of Transportation certifies to the
Secretary of Defense, in writing, before the sale, that the person or
entity is capable of meeting the terms and conditions of a contract to
deliver oil spill dispersants by air, and that the overall system to be
employed by that person or entity for the delivery and application of
oil spill dispersants has been sufficiently tested to ensure that the
person or entity is capable of being included in an oil spill response
plan that has been approved by the Secretary of the Department in which
the Coast Guard is operating.
(d) Regulations.--
(1) Issuance.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of Transportation and the Administrator of
General Services, shall prescribe regulations relating to the
sale of aircraft and aircraft parts under this section.
(2) Contents.--The regulations shall--
(A) ensure that the sale of the aircraft and
aircraft parts is made at a fair market value, as
determined by the Secretary of Defense, and, to the
extent practicable, on a competitive basis;
[[Page 114 STAT. 174]]
(B) require a certification by the purchaser that
the aircraft and aircraft parts will be used only in
accordance with the conditions set forth in subsection
(b);
(C) establish appropriate means of verifying and
enforcing the use of the aircraft and aircraft parts by
the purchaser and other operators in accordance with the
conditions set forth in subsection (b) or pursuant to
subsection (e); and
(D) ensure, to the maximum extent practicable, that
the Secretary of Defense consults with the Administrator
of General Services and with the heads of appropriate
departments and agencies of the Federal Government
regarding alternative requirements for such aircraft and
aircraft parts before the sale of such aircraft and
aircraft parts under this section.
(e) Additional Terms and Conditions.--The Secretary of Defense may
require such other terms and conditions in connection with each sale of
aircraft and aircraft parts under this section as the Secretary
considers appropriate for such sale. Such terms and conditions shall
meet the requirements of regulations prescribed under subsection (d).
(f ) Report.--Not <<NOTE: Deadline.>> later than March 31, 2002, the
Secretary of Defense shall transmit to the Committees on Armed Services
and Commerce, Science, and Transportation of the Senate and the
Committees on National Security and Transportation and Infrastructure of
the House of Representatives a report on the Secretary's exercise of
authority under this section. The report shall set forth--
(1) the number and types of aircraft sold under the
authority, and the terms and conditions under which the aircraft
were sold;
(2) the persons or entities to which the aircraft were sold;
and
(3) an accounting of the current use of the aircraft sold.
(g) Statutory Construction.--
(1) Authority of administrator.--Nothing in this section may
be construed as affecting the authority of the Administrator
under any other provision of law.
(2) Certification requirements.--Nothing in this section may
be construed to waive, with respect to an aircraft sold under
the authority of this section, any requirement to obtain a
certificate from the Administrator to operate the aircraft for
any purpose (other than oil spill spotting, observation, and
dispersant delivery) for which such a certificate is required.
(h) Proceeds From Sale.--The net proceeds of any amounts received by
the Secretary of Defense from the sale of aircraft and aircraft parts
under this section shall be covered into the general fund of the
Treasury as miscellaneous receipts.
SEC. 741. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS SYSTEMS
OUTSIDE THE UNITED STATES.
(a) Actions Against Discriminatory Activity by Foreign CRS
Systems.--Section 41310 is amended by adding at the end the following:
``(g) Actions Against Discriminatory Activity by Foreign CRS
Systems.--The Secretary of Transportation may take such actions as the
Secretary considers are in the public interest to eliminate an activity
of a foreign air carrier that owns or markets
[[Page 114 STAT. 175]]
a computer reservations system, or of a computer reservations system
firm whose principal offices are located outside the United States, when
the Secretary, on the initiative of the Secretary or on complaint,
decides that the activity, with respect to airline service--
``(1) is an unjustifiable or unreasonable discriminatory,
predatory, or anticompetitive practice against a computer
reservations system firm whose principal offices are located
inside the United States; or
``(2) imposes an unjustifiable or unreasonable restriction
on access of such a computer reservations system to a foreign
market.''.
(b) Complaints by CRS Firms.--Section 41310 is amended--
(1) in subsection (d)(1)--
(A) by striking ``air carrier'' in the first
sentence and inserting ``air carrier, computer
reservations system firm,'';
(B) by striking ``subsection (c)'' and inserting
``subsection (c) or (g)''; and
(C) by striking ``air carrier'' in subparagraph (B)
and inserting ``air carrier or computer reservations
system firm''; and
(2) in subsection (e)(1) by inserting ``or a computer
reservations system firm is subject when providing services with
respect to airline service'' before the period at the end of the
first sentence.
SEC. 742. <<NOTE: 49 USC 44504 note.>> SPECIALTY METALS CONSORTIUM.
(a) In General.--The Administrator may work with a consortium of
domestic metal producers and aircraft engine manufacturers to improve
the quality of turbine engine materials and to address melting
technology enhancements.
(b) Report.--Not <<NOTE: Deadline.>> later than 6 months after
entering into an agreement with a consortium described in subsection
(a), the Administrator shall transmit to Congress a report on the goals
and efforts of the consortium.
SEC. 743. <<NOTE: 49 USC 44505 note.>> ALKALI SILICA REACTIVITY
DISTRESS.
(a) In General.--The Administrator may conduct a study on the impact
of alkali silica reactivity distress on airport runways and taxiways and
the use of lithium salts and other alternatives for mitigation and
prevention of such distress. The study shall include a determination
based on in-the-field inspections followed by petrographic analysis or
other similar techniques.
(b) Authority To Make Grants.--The Administrator may carry out the
study by making a grant to, or entering into a cooperative agreement
with, a nonprofit organization for the conduct of all or a part of the
study.
(c) Report.--Not <<NOTE: Deadline.>> later than 18 months after the
date of initiation of the study under subsection (a), the Administrator
shall transmit to Congress a report on the results of the study.
SEC. 744. ROLLING STOCK EQUIPMENT.
(a) In General.--Section 1168 of title 11, United States Code, is
amended to read as follows:
``Sec. 1168. Rolling stock equipment
``(a)(1) The right of a secured party with a security interest in or
of a lessor or conditional vendor of equipment described
[[Page 114 STAT. 176]]
in paragraph (2) to take possession of such equipment in compliance with
an equipment security agreement, lease, or conditional sale contract,
and to enforce any of its other rights or remedies under such security
agreement, lease, or conditional sale contract, to sell, lease, or
otherwise retain or dispose of such equipment, is not limited or
otherwise affected by any other provision of this title or by any power
of the court, except that right to take possession and enforce those
other rights and remedies shall be subject to section 362, if--
``(A) before the date that is 60 days after the date of
commencement of a case under this chapter, the trustee, subject
to the court's approval, agrees to perform all obligations of
the debtor under such security agreement, lease, or conditional
sale contract; and
``(B) any default, other than a default of a kind described
in section 365(b)(2), under such security agreement, lease, or
conditional sale contract--
``(i) that occurs before the date of commencement of
the case and is an event of default therewith is cured
before the expiration of such 60-day period;
``(ii) that occurs or becomes an event of default
after the date of commencement of the case and before
the expiration of such 60-day period is cured before the
later of--
``(I) the date that is 30 days after the date
of the default or event of the default; or
``(II) the expiration of such 60-day period;
and
``(iii) that occurs on or after the expiration of
such 60-day period is cured in accordance with the terms
of such security agreement, lease, or conditional sale
contract, if cure is permitted under that agreement,
lease, or conditional sale contract.
``(2) The equipment described in this paragraph--
``(A) is rolling stock equipment or accessories used on
rolling stock equipment, including superstructures or racks,
that is subject to a security interest granted by, leased to, or
conditionally sold to a debtor; and
``(B) includes all records and documents relating to such
equipment that are required, under the terms of the security
agreement, lease, or conditional sale contract, that is to be
surrendered or returned by the debtor in connection with the
surrender or return of such equipment.
``(3) <<NOTE: Applicability.>> Paragraph (1) applies to a secured
party, lessor, or conditional vendor acting in its own behalf or acting
as trustee or otherwise in behalf of another party.
``(b) The trustee and the secured party, lessor, or conditional
vendor whose right to take possession is protected under subsection (a)
may agree, subject to the court's approval, to extend the 60-day period
specified in subsection (a)(1).
``(c)(1) In any case under this chapter, the trustee shall
immediately surrender and return to a secured party, lessor, or
conditional vendor, described in subsection (a)(1), equipment described
in subsection (a)(2), if at any time after the date of commencement of
the case under this chapter such secured party, lessor, or conditional
vendor is entitled pursuant to subsection (a)(1) to take possession of
such equipment and makes a written demand for such possession of the
trustee.
[[Page 114 STAT. 177]]
``(2) At such time as the trustee is required under paragraph (1) to
surrender and return equipment described in subsection (a)(2), any lease
of such equipment, and any security agreement or conditional sale
contract relating to such equipment, if such security agreement or
conditional sale contract is an executory contract, shall be deemed
rejected.
``(d) With respect to equipment first placed in service on or prior
to October 22, 1994, for purposes of this section--
``(1) the term `lease' includes any written agreement with
respect to which the lessor and the debtor, as lessee, have
expressed in the agreement or in a substantially contemporaneous
writing that the agreement is to be treated as a lease for
Federal income tax purposes; and
``(2) the term `security interest' means a purchase-money
equipment security interest.
``(e) With respect to equipment first placed in service after
October 22, 1994, for purposes of this section, the term `rolling stock
equipment' includes rolling stock equipment that is substantially
rebuilt and accessories used on such equipment.''.
(b) Aircraft Equipment and Vessels.--Section 1110 of title 11,
United States Code, is amended to read as follows:
``Sec. 1110. Aircraft equipment and vessels
``(a)(1) Except as provided in paragraph (2) and subject to
subsection (b), the right of a secured party with a security interest in
equipment described in paragraph (3), or of a lessor or conditional
vendor of such equipment, to take possession of such equipment in
compliance with a security agreement, lease, or conditional sale
contract, and to enforce any of its other rights or remedies, under such
security agreement, lease, or conditional sale contract, to sell, lease,
or otherwise retain or dispose of such equipment, is not limited or
otherwise affected by any other provision of this title or by any power
of the court.
``(2) The right to take possession and to enforce the other rights
and remedies described in paragraph (1) shall be subject to section 362
if--
``(A) before the date that is 60 days after the date of the
order for relief under this chapter, the trustee, subject to the
approval of the court, agrees to perform all obligations of the
debtor under such security agreement, lease, or conditional sale
contract; and
``(B) any default, other than a default of a kind specified
in section 365(b)(2), under such security agreement, lease, or
conditional sale contract--
``(i) that occurs before the date of the order is
cured before the expiration of such 60-day period;
``(ii) that occurs after the date of the order and
before the expiration of such 60-day period is cured
before the later of--
``(I) the date that is 30 days after the date
of the default; or
``(II) the expiration of such 60-day period;
and
``(iii) that occurs on or after the expiration of
such 60-day period is cured in compliance with the terms
of such security agreement, lease, or conditional sale
contract, if a cure is permitted under that agreement,
lease, or contract.
[[Page 114 STAT. 178]]
``(3) The equipment described in this paragraph--
``(A) is--
``(i) an aircraft, aircraft engine, propeller,
appliance, or spare part (as defined in section 40102 of
title 49) that is subject to a security interest granted
by, leased to, or conditionally sold to a debtor that,
at the time such transaction is entered into, holds an
air carrier operating certificate issued pursuant to
chapter 447 of title 49 for aircraft capable of carrying
10 or more individuals or 6,000 pounds or more of cargo;
or
``(ii) a documented vessel (as defined in section
30101(1) of title 46) that is subject to a security
interest granted by, leased to, or conditionally sold to
a debtor that is a water carrier that, at the time such
transaction is entered into, holds a certificate of
public convenience and necessity or permit issued by the
Department of Transportation; and
``(B) includes all records and documents relating to such
equipment that are required, under the terms of the security
agreement, lease, or conditional sale contract, to be
surrendered or returned by the debtor in connection with the
surrender or return of such equipment.
``(4) <<NOTE: Applicability.>> Paragraph (1) applies to a secured
party, lessor, or conditional vendor acting in its own behalf or acting
as trustee or otherwise in behalf of another party.
``(b) The trustee and the secured party, lessor, or conditional
vendor whose right to take possession is protected under subsection (a)
may agree, subject to the approval of the court, to extend the 60-day
period specified in subsection (a)(1).
``(c)(1) In any case under this chapter, the trustee shall
immediately surrender and return to a secured party, lessor, or
conditional vendor, described in subsection (a)(1), equipment described
in subsection (a)(3), if at any time after the date of the order for
relief under this chapter such secured party, lessor, or conditional
vendor is entitled pursuant to subsection (a)(1) to take possession of
such equipment and makes a written demand for such possession to the
trustee.
``(2) At such time as the trustee is required under paragraph (1) to
surrender and return equipment described in subsection (a)(3), any lease
of such equipment, and any security agreement or conditional sale
contract relating to such equipment, if such security agreement or
conditional sale contract is an executory contract, shall be deemed
rejected.
``(d) With respect to equipment first placed in service on or before
October 22, 1994, for purposes of this section--
``(1) the term `lease' includes any written agreement with
respect to which the lessor and the debtor, as lessee, have
expressed in the agreement or in a substantially contemporaneous
writing that the agreement is to be treated as a lease for
Federal income tax purposes; and
``(2) the term `security interest' means a purchase-money
equipment security interest.''.
SEC. 745. <<NOTE: 49 USC 47501 note.>> GENERAL ACCOUNTING OFFICE AIRPORT
NOISE STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on airport noise in the United States.
[[Page 114 STAT. 179]]
(b) Contents of Study.--In conducting the study, the Comptroller
General shall examine--
(1) the selection of noise measurement methodologies used by
the Administrator;
(2) the threshold of noise at which health begins to be
affected;
(3) the effectiveness of noise abatement programs at
airports located in the United States;
(4) the impacts of aircraft noise on communities, including
schools;
(5) the noise assessment practices of the Federal Aviation
Administration and whether such practices fairly and accurately
reflect the burden of noise on communities; and
(6) the items requested to be examined by certain Members of
the House of Representatives in a letter relating to aircraft
noise to the Comptroller General dated April 30, 1999.
(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this Act, the Comptroller General shall
transmit to Congress a report on the results of the study.
SEC. 746. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, ARIZONA.
(a) In General.--The Administrator shall conduct a study on recent
changes to the flight patterns of aircraft using Sky Harbor Airport in
Phoenix, Arizona, and the effects of such changes on the noise contours
in the Phoenix, Arizona, region.
(b) Report.--
(1) In <<NOTE: Deadline.>> general.--Not later than 90 days
after the date of the enactment of this Act, the Administrator
shall transmit to Congress a report containing the results of
the study conducted under subsection (a) and recommendations for
measures to mitigate aircraft noise over populated areas in the
Phoenix, Arizona, region.
(2) Availability to the public.--The Administrator shall
make the report described in paragraph (1) available to the
public.
SEC. 747. <<NOTE: 49 USC 47501 note.>> NONMILITARY HELICOPTER NOISE.
(a) In General.--The Secretary shall conduct a study--
(1) on the effects of nonmilitary helicopter noise on
individuals in densely populated areas in the continental United
States; and
(2) to develop recommendations for the reduction of the
effects of nonmilitary helicopter noise.
(b) Focus.--In conducting the study, the Secretary shall focus on
air traffic control procedures to address helicopter noise problems and
shall take into account the needs of law enforcement.
(c) Consideration of Views.--In conducting the study, the Secretary
shall consider the views of representatives of the helicopter industry
and organizations with an interest in reducing nonmilitary helicopter
noise.
(d) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of the enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted under this
section.
SEC. 748. NEWPORT NEWS, VIRGINIA.
(a) Authority To Grant Waivers.--Notwithstanding section 16 of the
Federal Airport Act (as in effect on May 14, 1947) or section 47125 of
title 49, United States Code, the Secretary may,
[[Page 114 STAT. 180]]
subject to section 47153 of such title (as in effect on June 1, 1998),
and subsection (b) of this section, waive with respect to airport
property parcels that, according to the Federal Aviation Administration
approved airport layout plan for Newport News/Williamsburg International
Airport, are no longer required for airport purposes from any term
contained in the deed of conveyance dated May 14, 1947, under which the
United States conveyed such property to the Peninsula Airport Commission
for airport purposes of the Commission.
(b) Conditions.--Any waiver granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The Peninsula Airport Commission shall agree that, in
leasing or conveying any interest in the property with respect
to which waivers are granted under subsection (a), the
Commission will receive an amount that is equal to the fair
lease value or the fair market value, as the case may be, as
determined pursuant to regulations issued by the Secretary.
(2) Peninsula Airport Commission shall use any amount so
received only for the development, improvement, operation, or
maintenance of Newport News/Williamsburg International Airport.
SEC. 749. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, YAVAPAI
COUNTY, ARIZONA.
(a) In General.--Notwithstanding the Federal Airport Act (as in
effect on October 31, 1956) or sections 47125 and 47153 of title 49,
United States Code, and subject to this section, the Secretary of
Transportation may waive any term contained in the deed of conveyance
dated October 31, 1956, by which the United States conveyed lands to the
County of Yavapai, Arizona, for use by the county for airport purposes.
(b) Limitation.--No waiver may be granted under subsection (a) if
the waiver would result in the closure of an airport.
(c) Condition.--The <<NOTE: Regulations.>> County of Yavapai,
Arizona, shall agree that, in leasing or conveying any interest in
property to which the deed of conveyance described in subsection (a)
relates, the county will receive an amount that is equal to the fair
lease value or the fair market value, as the case may be, as determined
pursuant to regulations issued by the Secretary.
SEC. 750. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, PINAL COUNTY,
ARIZONA.
(a) In General.--Notwithstanding the Federal Airport Act (as in
effect on June 3, 1952) or sections 47125 and 47153 of title 49, United
States Code, and subject to this section, the Secretary of
Transportation may waive any term contained in the deed of conveyance
dated June 3, 1952, by which the United States conveyed lands to the
County of Pinal, Arizona, for use by the county for airport purposes.
(b) Limitation.--No waiver may be granted under subsection (a) if
the waiver would result in the closure of an airport.
(c) Condition.--The <<NOTE: Regulations.>> County of Pinal, Arizona,
shall agree that, in leasing or conveying any interest in property to
which the deed of conveyance described in subsection (a) relates, the
county will receive an amount that is equal to the fair lease value or
the fair market value, as the case may be, as determined pursuant to
regulations issued by the Secretary.
[[Page 114 STAT. 181]]
SEC. 751. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION OF HIGHER
EDUCATION IN OKLAHOMA.
(a) In General.--Notwithstanding any other provision of law,
including the Surplus Property Act of 1944 (58 Stat. 765, chapter 479;
50 U.S.C. App. 1622 et seq.), and subject to the requirements of this
section, the Secretary (or the appropriate Federal officer) may waive,
without charge, any of the terms contained in any deed of conveyance
described in subsection (b) that restrict the use of any land described
in such a deed that, as of the date of the enactment of this Act, is not
being used for the operation of an airport or for air traffic. A waiver
made under the preceding sentence shall be deemed to be consistent with
the requirements of section 47153 of title 49, United States Code.
(b) Deed of Conveyance.--A deed of conveyance referred to in
subsection (a) is a deed of conveyance issued by the United States
before the date of the enactment of this Act for the conveyance of lands
to a public institution of higher education in Oklahoma.
(c) Use of Lands Subject to Waiver.--
(1) In general.--Notwithstanding any other provision of law,
the lands subject to a waiver under subsection (a) shall not be
subject to any term, condition, reservation, or restriction that
would otherwise apply to that land as a result of the conveyance
of that land by the United States to the institution of higher
education.
(2) Use of revenues.--An institution of higher education
that is issued a waiver under subsection (a) shall use revenues
derived from the use, operation, or disposal of that land--
(A) for the airport; and
(B) to the extent that funds remain available, for
weather-related and educational purposes that primarily
benefit aviation.
(d) Condition.--An <<NOTE: Regulations.>> institution of higher
education that is issued a waiver under subsection (a), shall agree
that, in leasing or conveying any interest in land to which the deed of
conveyance described in subsection (b) relates, the institution will
receive an amount that is equal to the fair lease value or the fair
market value, as the case may be, as determined pursuant to regulations
issued by the Secretary.
(e) Grants.--
(1) In general.--Notwithstanding any other provision of law,
if an institution of higher education that is subject to a
waiver under subsection (a) received financial assistance in the
form of a grant from the Federal Aviation Administration or a
predecessor agency before the date of the enactment of this Act,
then the Secretary may waive the repayment of the outstanding
amount of any grant that the institution of higher education
would otherwise be required to pay.
(2) Eligibility to receive subsequent grants.--Nothing in
paragraph (1) shall affect the eligibility of an institution of
higher education that is subject to that paragraph from
receiving grants from the Secretary under chapter 471 of title
49, United States Code, or under any other provision of law
relating to financial assistance provided through the Federal
Aviation Administration.
[[Page 114 STAT. 182]]
SEC. 752. FORMER AIRFIELD LANDS, GRANT PARISH, LOUISIANA.
(a) In General.--Subject to the requirements of this section, the
United States may release, without monetary consideration, all
restrictions, conditions, and limitations on the use, encumbrance, or
conveyance of certain land located in Grant Parish, Louisiana,
identified as Tracts B, C, and D on the map entitled ``Plat of
Restricted Properties/Former Pollock Army Airfield, Pollock,
Louisiana'', dated August 1, 1996, to the extent such restrictions,
conditions, and limitations are enforceable by the United States, but
the United States shall retain the right of access to, and use of, that
land for national defense purposes in time of war or national emergency.
(b) Conditions.--Any release under subsection (a) shall be subject
to the following conditions:
(1) <<NOTE: Regulations.>> In leasing or conveying any
interest in the land with respect to which releases are granted
under subsection (a), the party owning the property after the
releases shall receive an amount that is equal to the fair lease
value or the fair market value, as the case may be, as
determined pursuant to regulations issued by the Secretary.
(2) Any amount so received may be used only for the
development, improvement, operation, or maintenance of the
airport.
SEC. 753. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.
(a) In General.--Subject to subsection (b), the Secretary may grant
a release from any term or condition in a grant agreement for the
development or improvement of the Raleigh County Memorial Airport, West
Virginia, if the Secretary determines that the property to which the
release applies--
(1) does not exceed 400 acres; and
(2) is not needed for airport purposes.
(b) Condition.--The proceeds of the sale of any property to which a
release under subsection (a) applies shall be used for airport purposes.
SEC. 754. <<NOTE: Alaska.>> IDITAROD AREA SCHOOL DISTRICT.
Notwithstanding any other provision of law (including section 47125
of title 49, United States Code), the Administrator of the Federal
Aviation Administration, or the Administrator of General Services, may
convey to the Iditarod Area School District without reimbursement all
right, title, and interest in 12 acres of property at Lake Minchumina,
Alaska, identified by the Administrator of the Federal Aviation
Administration, including the structures known as housing units 100
through 105 and as utility building 301.
SEC. 755. ALTERNATIVE POWER SOURCES FOR FLIGHT DATA RECORDERS AND
COCKPIT VOICE RECORDERS.
(a) Study.--The Administrator shall conduct a study on the need for
an alternative power source for on-board flight data recorders and
cockpit voice recorders.
(b) Report.--Not <<NOTE: Deadline.>> later than 120 days after the
date of the enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study.
(c) Coordination With NTSB.--If, before submitting the report, the
Administrator determines, after consultation with the National
Transportation Safety Board, that the Board is preparing
[[Page 114 STAT. 183]]
recommendations with respect to the matter to be studied under this
section and will issue the recommendations within a reasonable period of
time, the Administrator shall transmit to Congress a report containing
the Administrator's comments on the Board's recommendations rather than
conducting a separate study under this section.
SEC. 756. <<NOTE: Procedures.>> TERMINAL AUTOMATED RADAR DISPLAY AND
INFORMATION SYSTEM.
The Administrator shall develop a national policy and related
procedures concerning the Terminal Automated Radar Display and
Information System and sequencing for visual flight rule air traffic
control towers.
SEC. 757. <<NOTE: Deadlines.>> STREAMLINING SEAT AND RESTRAINT SYSTEM
CERTIFICATION PROCESS AND DYNAMIC TESTING REQUIREMENTS.
(a) Working Groups.--Not later than 3 months after the date of the
enactment of this Act, the Administrator shall form a working group
comprised of both government and industry representatives to make
recommendations for streamlining the seat and restraint system
certification process and the 16g dynamic testing requirements under
part 25 of title 14, Code of Federal Regulations, to focus on reducing
both the cost and the length of time associated with certification of
aircraft seats and restraints.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator shall transmit to Congress a report on
the findings of the working group.
SEC. 758. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR TRAFFIC OVER
NORTHERN DELAWARE.
(a) Definition.--The term ``Brandywine Intercept'' means the point
over Brandywine Hundred in northern Delaware that pilots use for
guidance and maintenance of safe operation from other aircraft and over
which most aircraft pass on their East Operations approach to
Philadelphia International Airport.
(b) Findings.--Congress makes the following findings:
(1) The Brandywine Hundred area of New Castle County,
Delaware, serves as a major approach causeway to Philadelphia
International Airport's East Operations runways.
(2) The standard of altitude over the Brandywine Intercept
is 3,000 feet, with airport scatter charts indicating that
within a given hour of consistent weather and visibility
aircraft fly over the Brandywine Hundred at anywhere from 2,500
to 4,000 feet.
(3) Lower airplane altitudes result in increased ground
noise.
(c) Sense of the Senate.--It is the sense of the Senate that the
Secretary should--
(1) include northern Delaware in any study of aircraft noise
conducted under part 150 of title 14, Code of Federal
Regulations, required under the National Environmental Policy
Act of 1969 for the redesign of the airspace surrounding
Philadelphia International Airport;
(2) study the feasibility, consistent with safety, of
placing the approach causeway for Philadelphia International
Airport's East Operations over the Delaware River (instead of
Brandywine Hundred); and
[[Page 114 STAT. 184]]
(3) study the feasibility of increasing the standard
altitude over the Brandywine Intercept from 3,000 feet to 4,000
feet.
SEC. 759. <<NOTE: Deadline.>> POST FREE FLIGHT PHASE I ACTIVITIES.
Not later than August 1, 2000, the Administrator shall transmit to
Congress a definitive plan for the continued implementation of Free
Flight Phase I operational capabilities for fiscal years 2003 through
2005. The plan shall include and address the recommendations concerning
operational capabilities for fiscal years 2003 through 2005 due to be
made by the RTCA Free Flight Steering Committee in December 1999 that
was established at the direction of the Federal Aviation Administration.
The plan shall also include budget estimates for the implementation of
these operational capabilities.
SEC. 760. SENSE OF THE CONGRESS REGARDING PROTECTING THE FREQUENCY
SPECTRUM USED FOR AVIATION COMMUNICATION.
It is the sense of the Congress that with the World Radio
Communication Conference scheduled to begin in May 2000 and the need to
ensure that the frequency spectrum available for aviation communication
and navigation is adequate, the Federal Aviation Administration, working
with appropriate Federal agencies and departments, should--
(1) give high priority to developing a national policy to
protect the frequency spectrum used for the Global Positioning
System that is critical to aviation communications and the safe
operation of aircraft; and
(2) expedite the appointment of the United States Ambassador
to the World Radio Communication Conference.
SEC. 761. LAND EXCHANGES, FORT RICHARDSON AND ELMENDORF AIR FORCE BASE,
ALASKA.
(a) Conveyance Authorized.--The Secretary of the Interior and the
Secrtaries of the Army, Air Force, or such other military departments as
may be necessary and appropriate may convey to the Alaska Railroad
Corporation for purposes of track realignment all right, title, and
interest of the United States in and to approximately 227 acres of land
located on Fort Richardson and on Elmendorf Air Force Base, Alaska, in
the vicinity of, and in exchange for all right, title, and interest of
the Alaska Railroad Corporation in, approximately 229 acres of railroad
right-of-way located between railroad mileposts 117 and 129.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to each Secretary. The cost
of the surveys shall be borne by the Alaska Railroad Corporation.
(c) Additional Terms and Conditions.--Each Secretary may require as
to the real property under his jurisdiction such additional terms and
conditions in connection with the conveyances under subsection (a) as
the Secretary considers appropriate to protect the interests of the
United States. The interest conveyed by the Alaska Railroad Corporation
to the United States under subsection (a) shall be the full title and
interest received by the Corporation under the Alaska Railroad Transfer
Act of 1982 (45 U.S.C. 1201 et seq.). The individual parcels of real
property conveyed to the United States under this section shall be
incorporated into the
[[Page 114 STAT. 185]]
appropriate land withdrawals for the military installation in which they
are situated or which surround them. The interest conveyed to the
Corporation by each Secretary under subsection (a) shall be subject to
the same reservations and limitations under the Alaska Railroad Transfer
Act of 1982 as are currently applicable to the right-of-way for which
the land is being exchanged.
(d) Savings Clause.--Nothing in this section affects the duties,
responsibilities, and liability of the Federal Government under the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) concerning any lands exchanged under this
section.
SEC. 762. BILATERAL RELATIONSHIP.
(a) Findings.--Congress makes the following findings:
(1) The current agreement between the United States and the
United Kingdom for operating rights between the two countries,
known as Bermuda II, is one of the most restrictive bilateral
agreements the United States has with a developed aviation power
that provides substantially greater opportunities and has
resulted in a disproportionate market share in favor of United
Kingdom carriers over United States carriers.
(2) The United States has attempted in good faith to
negotiate a new bilateral agreement, but the United Kingdom has
been unwilling to accept or introduce reasonable proposals for a
new agreement.
(3) Because of the United Kingdom's unwillingness to accept
reasonable proposals advanced by the United States, the latest
rounds of negotiations between the United States and the United
Kingdom for new operating rights have failed to produce an
agreement between the two countries.
(4) The Secretary has the discretionary authority to revoke
the exemption held by British carriers to operate the Concorde
aircraft into the United States.
(b) Consideration of Exercising Authority.--The Secretary should
immediately consider whether exercise of his authority to revoke the
Concorde exemption would be an appropriate and effective response to the
present unsatisfactory situation.
(c) Consideration of Other Remedies.--The Secretary should
immediately consider whether it would be effective and appropriate to
execute other remedies available to the United States Government,
including--
(1) revoking all slots and slot exemptions held by British
air carriers at all United States slot-restricted airports;
(2) rescinding current exemptions or permits under the
Bermuda II bilateral to prohibit flights by British carriers to
the United States; or
(3) renunciation of the current Bermuda II bilateral.
TITLE <<NOTE: National Parks Air Tour Management Act of 2000.>> VIII--
NATIONAL PARKS AIR TOUR MANAGEMENT
SEC. 801. <<NOTE: 49 USC 40128 note.>> SHORT TITLE.
This title may be cited as the ``National Parks Air Tour Management
Act of 2000''.
[[Page 114 STAT. 186]]
SEC. 802. <<NOTE: 49 USC 40128 note.>> FINDINGS.
Congress finds that--
(1) the Federal Aviation Administration has sole authority
to control airspace over the United States;
(2) the Federal Aviation Administration has the authority to
preserve, protect, and enhance the environment by minimizing,
mitigating, or preventing the adverse effects of aircraft
overflights on public and tribal lands;
(3) the National Park Service has the responsibility of
conserving the scenery and natural and historic objects and
wildlife in national parks and of providing for the enjoyment of
the national parks in ways that leave the national parks
unimpaired for future generations;
(4) the protection of tribal lands from aircraft overflights
is consistent with protecting the public health and welfare and
is essential to the maintenance of the natural and cultural
resources of Indian tribes;
(5) the National Parks Overflights Working Group, composed
of general aviation, commercial air tour, environmental, and
Native American representatives, recommended that the Congress
enact legislation based on the Group's consensus work product;
and
(6) this title reflects the recommendations made by that
Group.
SEC. 803. <<NOTE: 49 USC 40128 note.>> AIR TOUR MANAGEMENT PLANS FOR
NATIONAL PARKS.
(a) In General.--Chapter 401 (as amended by section 706(a) of this
Act) is further amended by adding at the end the following:
``Sec. 40128. Overflights of national parks
``(a) In General.--
``(1) General requirements.--A commercial air tour operator
may not conduct commercial air tour operations over a national
park or tribal lands except--
``(A) in accordance with this section;
``(B) in accordance with conditions and limitations
prescribed for that operator by the Administrator; and
``(C) in accordance with any applicable air tour
management plan for the park or tribal lands.
``(2) Application for operating authority.--
``(A) Application required.--Before commencing
commercial air tour operations over a national park or
tribal lands, a commercial air tour operator shall apply
to the Administrator for authority to conduct the
operations over the park or tribal lands.
``(B) Competitive bidding for limited capacity
parks.--Whenever an air tour management plan limits the
number of commercial air tour operations over a national
park during a specified time frame, the Administrator,
in cooperation with the Director, shall issue operation
specifications to commercial air tour operators that
conduct such operations. The operation specifications
shall include such terms and conditions as the
Administrator and the Director find necessary for
management of commercial air tour operations over the
park. The Administrator, in cooperation with the
Director, shall develop an open competitive process for
evaluating proposals from persons
[[Page 114 STAT. 187]]
interested in providing commercial air tour operations
over the park. In making a selection from among various
proposals submitted, the Administrator, in cooperation
with the Director, shall consider relevant factors,
including--
``(i) the safety record of the person
submitting the proposal or pilots employed by the
person;
``(ii) any quiet aircraft technology proposed
to be used by the person submitting the proposal;
``(iii) the experience of the person
submitting the proposal with commercial air tour
operations over other national parks or scenic
areas;
``(iv) the financial capability of the person
submitting the proposal;
``(v) any training programs for pilots
provided by the person submitting the proposal;
and
``(vi) responsiveness of the person submitting
the proposal to any relevant criteria developed by
the National Park Service for the affected park.
``(C) Number of operations authorized.--In
determining the number of authorizations to issue to
provide commercial air tour operations over a national
park, the Administrator, in cooperation with the
Director, shall take into consideration the provisions
of the air tour management plan, the number of existing
commercial air tour operators and current level of
service and equipment provided by any such operators,
and the financial viability of each commercial air tour
operation.
``(D) Cooperation with nps.--Before granting an
application under this paragraph, the Administrator, in
cooperation with the Director, shall develop an air tour
management plan in accordance with subsection (b) and
implement such plan.
``(E) Time <<NOTE: Deadline.>> limit on response to
atmp applications.--The Administrator shall make every
effort to act on any application under this paragraph
and issue a decision on the application not later than
24 months after it is received or amended.
``(F) Priority.--In acting on applications under
this paragraph to provide commercial air tour operations
over a national park, the Administrator shall give
priority to an application under this paragraph in any
case in which a new entrant commercial air tour operator
is seeking operating authority with respect to that
national park.
``(3) Exception.--Notwithstanding paragraph (1), commercial
air tour operators may conduct commercial air tour operations
over a national park under part 91 of the title 14, Code of
Federal Regulations if--
``(A) such activity is permitted under part 119 of
such title;
``(B) the operator secures a letter of agreement
from the Administrator and the national park
superintendent for that national park describing the
conditions under which the operations will be conducted;
and
``(C) the total number of operations under this
exception is limited to not more than five flights in
any 30-day period over a particular park.
[[Page 114 STAT. 188]]
``(4) Special <<NOTE: Deadlines.>> rule for safety
requirements.--Notwithstanding subsection (c), an existing
commercial air tour operator shall apply, not later than 90 days
after the date of the enactment of this section, for operating
authority under part 119, 121, or 135 of title 14, Code of
Federal Regulations. A new entrant commercial air tour operator
shall apply for such authority before conducting commercial air
tour operations over a national park or tribal lands. The
Administrator shall make every effort to act on any such
application for a new entrant and issue a decision on the
application not later than 24 months after it is received or
amended.
``(b) Air Tour Management Plans.--
``(1) Establishment.--
``(A) In general.--The Administrator, in cooperation
with the Director, shall establish an air tour
management plan for any national park or tribal land for
which such a plan is not in effect whenever a person
applies for authority to conduct a commercial air tour
operation over the park. The air tour management plan
shall be developed by means of a public process in
accordance with paragraph (4).
``(B) Objective.--The objective of any air tour
management plan shall be to develop acceptable and
effective measures to mitigate or prevent the
significant adverse impacts, if any, of commercial air
tour operations upon the natural and cultural resources,
visitor experiences, and tribal lands.
``(2) Environmental determination.--In establishing an air
tour management plan under this subsection, the Administrator
and the Director shall each sign the environmental decision
document required by section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) which may include a finding
of no significant impact, an environmental assessment, or an
environmental impact statement and the record of decision for
the air tour management plan.
``(3) Contents.--An air tour management plan for a national
park--
``(A) may prohibit commercial air tour operations in
whole or in part;
``(B) may establish conditions for the conduct of
commercial air tour operations, including commercial air
tour routes, maximum or minimum altitudes, time-of-day
restrictions, restrictions for particular events,
maximum number of flights per unit of time, intrusions
on privacy on tribal lands, and mitigation of noise,
visual, or other impacts;
``(C) shall apply to all commercial air tour
operations within \1/2\ mile outside the boundary of a
national park;
``(D) shall include incentives (such as preferred
commercial air tour routes and altitudes, relief from
caps and curfews) for the adoption of quiet aircraft
technology by commercial air tour operators conducting
commercial air tour operations at the park;
``(E) shall provide for the initial allocation of
opportunities to conduct commercial air tour operations
if the plan includes a limitation on the number of
commercial air tour operations for any time period; and
[[Page 114 STAT. 189]]
``(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A) through (E)
and include such justifications in the record of
decision.
``(4) Procedure.--In establishing an air tour management
plan for a national park or tribal lands, the Administrator and
the Director shall--
``(A) <<NOTE: Public information.>> hold at least
one public meeting with interested parties to develop
the air tour management plan;
``(B) <<NOTE: Federal Register,
publication.>> publish the proposed plan in the Federal
Register for notice and comment and make copies of the
proposed plan available to the public;
``(C) comply with the regulations set forth in
sections 1501.3 and 1501.5 through 1501.8 of title 40,
Code of Federal Regulations (for purposes of complying
with the regulations, the Federal Aviation
Administration shall be the lead agency and the National
Park Service is a cooperating agency); and
``(D) <<NOTE: Native Americans.>> solicit the
participation of any Indian tribe whose tribal lands
are, or may be, overflown by aircraft involved in a
commercial air tour operation over the park or tribal
lands to which the plan applies, as a cooperating agency
under the regulations referred to in subparagraph (C).
``(5) Judicial review.--An air tour management plan
developed under this subsection shall be subject to judicial
review.
``(6) Amendments.--The Administrator, in cooperation with
the Director, may make amendments to an air tour management
plan. <<NOTE: Federal Register, publication.>> Any such
amendments shall be published in the Federal Register for notice
and comment. A request for amendment of an air tour management
plan shall be made in such form and manner as the Administrator
may prescribe.
``(c) Interim Operating Authority.--
``(1) In general.--Upon application for operating authority,
the Administrator shall grant interim operating authority under
this subsection to a commercial air tour operator for commercial
air tour operations over a national park or tribal lands for
which the operator is an existing commercial air tour operator.
``(2) Requirements and limitations.--Interim operating
authority granted under this subsection--
``(A) shall provide annual authorization only for
the greater of--
``(i) the number of flights used by the
operator to provide the commercial air tour
operations within the 12-month period prior to the
date of the enactment of this section; or
``(ii) the average number of flights per 12-
month period used by the operator to provide such
operations within the 36-month period prior to
such date of enactment, and, for seasonal
operations, the number of flights so used during
the season or seasons covered by that 12-month
period;
``(B) may not provide for an increase in the number
of commercial air tour operations conducted during any
time period by the commercial air tour operator above
the number that the air tour operator was originally
[[Page 114 STAT. 190]]
granted unless such an increase is agreed to by the
Administrator and the Director;
``(C) <<NOTE: Federal Register, publication.>> shall
be published in the Federal Register to provide notice
and opportunity for comment;
``(D) may be revoked by the Administrator for cause;
``(E) <<NOTE: Termination date.>> shall terminate
180 days after the date on which an air tour management
plan is established for the park or tribal lands;
``(F) shall promote protection of national park
resources, visitor experiences, and tribal lands;
``(G) shall promote safe commercial air tour
operations;
``(H) shall promote the adoption of quiet
technology, as appropriate; and
``(I) shall allow for modifications of the interim
operating authority based on experience if the
modification improves protection of national park
resources and values and of tribal lands.
``(3) New entrant air tour operators.--
``(A) In general.--The Administrator, in cooperation
with the Director, may grant interim operating authority
under this paragraph to an air tour operator for a
national park or tribal lands for which that operator is
a new entrant air tour operator if the Administrator
determines the authority is necessary to ensure
competition in the provision of commercial air tour
operations over the park or tribal lands.
``(B) Safety limitation.--The Administrator may not
grant interim operating authority under subparagraph (A)
if the Administrator determines that it would create a
safety problem at the park or on the tribal lands, or
the Director determines that it would create a noise
problem at the park or on the tribal lands.
``(C) ATMP limitation.--The Administrator may grant
interim operating authority under subparagraph (A) of
this paragraph only if the air tour management plan for
the park or tribal lands to which the application
relates has not been developed within 24 months after
the date of the enactment of this section.
``(d) Exemptions.--This section shall not apply to--
``(1) the Grand Canyon National Park; or
``(2) tribal lands within or abutting the Grand Canyon
National Park.
``(e) Lake Mead.--This section shall not apply to any air tour
operator while flying over or near the Lake Mead National Recreation
Area, solely as a transportation route, to conduct an air tour over the
Grand Canyon National Park.
``(f ) Definitions.--In this section, the following definitions
apply:
``(1) Commercial air tour operator.--The term `commercial
air tour operator' means any person who conducts a commercial
air tour operation.
``(2) Existing commercial air tour operator.--The term
`existing commercial air tour operator' means a commercial air
tour operator that was actively engaged in the business of
providing commercial air tour operations over a national park at
any time during the 12-month period ending on the date of the
enactment of this section.
[[Page 114 STAT. 191]]
``(3) New entrant commercial air tour operator.--The term
`new entrant commercial air tour operator' means a commercial
air tour operator that--
``(A) applies for operating authority as a
commercial air tour operator for a national park or
tribal lands; and
``(B) has not engaged in the business of providing
commercial air tour operations over the national park or
tribal lands in the 12-month period preceding the
application.
``(4) Commercial air tour operation.--
``(A) In general.--The term `commercial air tour
operation' means any flight, conducted for compensation
or hire in a powered aircraft where a purpose of the
flight is sightseeing over a national park, within \1/2\
mile outside the boundary of any national park, or over
tribal lands, during which the aircraft flies--
``(i) below a minimum altitude, determined by
the Administrator in cooperation with the
Director, above ground level (except solely for
purposes of takeoff or landing, or necessary for
safe operation of an aircraft as determined under
the rules and regulations of the Federal Aviation
Administration requiring the pilot-in-command to
take action to ensure the safe operation of the
aircraft); or
``(ii) less than 1 mile laterally from any
geographic feature within the park (unless more
than \1/2\ mile outside the boundary).
``(B) Factors to consider.--In making a
determination of whether a flight is a commercial air
tour operation for purposes of this section, the
Administrator may consider--
``(i) whether there was a holding out to the
public of willingness to conduct a sightseeing
flight for compensation or hire;
``(ii) whether a narrative that referred to
areas or points of interest on the surface below
the route of the flight was provided by the person
offering the flight;
``(iii) the area of operation;
``(iv) the frequency of flights conducted by
the person offering the flight;
``(v) the route of flight;
``(vi) the inclusion of sightseeing flights as
part of any travel arrangement package offered by
the person offering the flight;
``(vii) whether the flight would have been
canceled based on poor visibility of the surface
below the route of the flight; and
``(viii) any other factors that the
Administrator and the Director consider
appropriate.
``(5) National park.--The term `national park' means any
unit of the National Park System.
``(6) Tribal lands.--The term `tribal lands' means Indian
country (as that term is defined in section 1151 of title 18)
that is within or abutting a national park.
``(7) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
[[Page 114 STAT. 192]]
``(8) Director.--The term `Director' means the Director of
the National Park Service.''.
(b) Conforming Amendment.--The analysis for chapter 401 (as amended
by section 706(b) of this Act) is further amended by adding at the end
the following:
``40128. Overflights of national parks.''.
(c) Compliance With Other Regulations.--For purposes of section
40126 of title 49, United States Code--
(1) regulations issued by the Secretary of Transportation
and the Administrator under section 3 of Public Law 100-91 (16
U.S.C. 1a-1 note); and
(2) commercial air tour operations carried out in compliance
with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40126.
SEC. 804. <<NOTE: Arizona. Nevada.>> QUIET AIRCRAFT TECHNOLOGY FOR GRAND
CANYON.
(a) Quiet <<NOTE: Deadline.>> Technology Requirements.--Within 12
months after the date of the enactment of this Act, the Administrator
shall designate reasonably achievable requirements for fixed-wing and
helicopter aircraft necessary for such aircraft to be considered as
employing quiet aircraft technology for purposes of this section. If
the <<NOTE: Reports.>> Administrator determines that the Administrator
will not be able to make such designation before the last day of such
12-month period, the Administrator shall transmit to Congress a report
on the reasons for not meeting such time period and the expected date of
such designation.
(b) Routes <<NOTE: Regulations.>> or Corridors.--In consultation
with the Director and the advisory group established under section 805,
the Administrator shall establish, by rule, routes or corridors for
commercial air tour operations (as defined in section 40126(e)(4) of
title 49, United States Code) by fixed-wing and helicopter aircraft that
employ quiet aircraft technology for--
(1) tours of the Grand Canyon originating in Clark County,
Nevada; and
(2) ``local loop'' tours originating at the Grand Canyon
National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas that will
not negatively impact the substantial restoration of natural quiet,
tribal lands, or safety.
(c) Operational Caps.--Commercial air tour operations by any fixed-
wing or helicopter aircraft that employs quiet aircraft technology and
that replaces an existing aircraft shall not be subject to the
operational flight allocations that apply to other commercial air tour
operations of the Grand Canyon, provided that the cumulative impact of
such operations does not increase noise at the Grand Canyon.
(d) Modification of Existing Aircraft To Meet Standards.--A
commercial air tour operation by a fixed-wing or helicopter aircraft in
a commercial air tour operator's fleet on the date of the enactment of
this Act that meets the requirements designated under subsection (a), or
is subsequently modified to meet the requirements designated under
subsection (a), may be used for commercial air tour operations under the
same terms and conditions as a replacement aircraft under subsection (c)
without regard to whether it replaces an existing aircraft.
(e) Mandate To Restore Natural Quiet.--Nothing in this Act shall be
construed to relieve or diminish--
[[Page 114 STAT. 193]]
(1) the statutory mandate imposed upon the Secretary of the
Interior and the Administrator of the Federal Aviation
Administration under Public Law 100-91 (16 U.S.C. 1a-1 note) to
achieve the substantial restoration of the natural quiet and
experience at the Grand Canyon National Park; and
(2) the obligations of the Secretary and the Administrator
to promulgate forthwith regulations to achieve the substantial
restoration of the natural quiet and experience at the Grand
Canyon National Park.
SEC. 805. <<NOTE: 49 USC 40128 note.>> ADVISORY GROUP.
(a) Establishment.--Not <<NOTE: Deadline.>> later than 1 year after
the date of the enactment of this Act, the Administrator and the
Director of the National Park Service shall jointly establish an
advisory group to provide continuing advice and counsel with respect to
commercial air tour operations over and near national parks.
(b) Membership.--
(1) In general.--The advisory group shall be composed of--
(A) a balanced group of--
(i) representatives of general aviation;
(ii) representatives of commercial air tour
operators;
(iii) representatives of environmental
concerns; and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Aviation
Administration; and
(C) a representative of the National Park Service.
(2) Ex officio members.--The Administrator (or the designee
of the Administrator) and the Director (or the designee of the
Director) shall serve as ex officio members.
(3) Chairperson.--The representative of the Federal Aviation
Administration and the representative of the National Park
Service shall serve alternating 1-year terms as chairman of the
advisory group, with the representative of the Federal Aviation
Administration serving initially until the end of the calendar
year following the year in which the advisory group is first
appointed.
(c) Duties.--The advisory group shall provide advice, information,
and recommendations to the Administrator and the Director--
(1) on the implementation of this title and the amendments
made by this title;
(2) on commonly accepted quiet aircraft technology for use
in commercial air tour operations over a national park or tribal
lands, which will receive preferential treatment in a given air
tour management plan;
(3) on other measures that might be taken to accommodate the
interests of visitors to national parks; and
(4) at the request of the Administrator and the Director,
safety, environmental, and other issues related to commercial
air tour operations over a national park or tribal lands.
(d) Compensation; Support; FACA.--
(1) Compensation and travel.--Members of the advisory group
who are not officers or employees of the United States, while
attending conferences or meetings of the group or otherwise
engaged in its business, or while serving away from their
[[Page 114 STAT. 194]]
homes or regular places of business, may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
persons in the Government service employed intermittently.
(2) Administrative support.--The Federal Aviation
Administration and the National Park Service shall jointly
furnish to the advisory group clerical and other assistance.
(3) Nonapplication of faca.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the
advisory group.
SEC. 806. <<NOTE: Effective date. 49 USC 40128 note.>> PROHIBITION OF
COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY MOUNTAIN
NATIONAL PARK.
Effective beginning on the date of the enactment of this Act, no
commercial air tour operation may be conducted in the airspace over the
Rocky Mountain National Park notwithstanding any other provision of this
Act or section 40126 of title 49, United States Code.
SEC. 807. <<NOTE: Deadlines. 49 USC 40128 note.>> REPORTS.
(a) Overflight Fee Report.--Not later than 180 days after the date
of the enactment of this Act, the Administrator shall transmit to
Congress a report on the effects overflight fees are likely to have on
the commercial air tour operation industry. The report shall include,
but shall not be limited to--
(1) the viability of a tax credit for the commercial air
tour operators equal to the amount of any overflight fees
charged by the National Park Service; and
(2) the financial effects proposed offsets are likely to
have on Federal Aviation Administration budgets and
appropriations.
(b) Quiet Aircraft Technology Report.--Not later than 2 years after
the date of the enactment of this Act, the Administrator and the
Director of the National Park Service shall jointly transmit a report to
Congress on the effectiveness of this title in providing incentives for
the development and use of quiet aircraft technology.
SEC. 808. <<NOTE: 49 USC 40128 note.>> METHODOLOGIES USED TO ASSESS AIR
TOUR NOISE.
Any methodology adopted by a Federal agency to assess air tour noise
in any unit of the national park system (including the Grand Canyon and
Alaska) shall be based on reasonable scientific methods.
SEC. 809. <<NOTE: 49 USC 40128 note.>> ALASKA EXEMPTION.
The provisions of this title and section 40128 of title 49, United
States Code, as added by section 803(a), do not apply to any land or
waters located in Alaska.
TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT
SEC. 901. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (4)(J);
[[Page 114 STAT. 195]]
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) for fiscal year 2000, $224,000,000, including--
``(A) $17,269,000 for system development and
infrastructure projects and activities;
``(B) $33,042,500 for capacity and air traffic
management technology projects and activities;
``(C) $11,265,400 for communications, navigation,
and surveillance projects and activities;
``(D) $19,300,000 for weather projects and
activities;
``(E) $6,358,200 for airport technology projects and
activities;
``(F) $44,457,000 for aircraft safety technology
projects and activities;
``(G) $53,218,000 for system security technology
projects and activities;
``(H) $26,207,000 for human factors and aviation
medicine projects and activities;
``(I) $3,481,000 for environment and energy projects
and activities; and
``(J) $2,171,000 for innovative/cooperative research
projects and activities, of which $750,000 shall be for
carrying out subsection (h);
``(7) for fiscal year 2001, $237,000,000; and
``(8) for fiscal year 2002, $249,000,000.''.
SEC. 902. INTEGRATED NATIONAL AVIATION RESEARCH PLAN.
(a) In General.--Section 44501(c) of title 49, United States Code,
is amended--
(1) in paragraph (2)(B)--
(A) by striking ``and'' at the end of clause (iii);
(B) by redesignating clause (iv) as clause (v) and
inserting after clause (iii) the following:
``(iv) identify the individual research and development
projects in each funding category that are described in the
annual budget request;''
(C) by striking the period at the end of clause (v)
(as so redesignated) and inserting ``; and''; and
(D) by adding at the end the following:
``(vi) highlight the research and development technology
transfer activities that promote technology sharing among
government, industry, and academia through the Stevenson-Wydler
Technology Innovation Act of 1980.''; and
(2) in paragraph (3) by inserting <<NOTE: Reports.>> ``The
report shall be prepared in accordance with requirements of
section 1116 of title 31.'' after ``effect for the prior fiscal
year.''.
(b) Requirement.--Not <<NOTE: Deadline.>> later than October 1,
2000, the Administrator of the National Aeronautics and Space
Administration and the Administrator of the Federal Aviation
Administration shall jointly prepare and transmit to the Congress an
integrated civil aviation research and development plan.
(c) Contents.--The plan required by subsection (b) shall include--
(1) an identification of the respective research and
development requirements, roles, and responsibilities of the
National
[[Page 114 STAT. 196]]
Aeronautics and Space Administration and the Federal Aviation
Administration;
(2) formal mechanisms for the timely sharing of information
between the National Aeronautics and Space Administration and
the Federal Aviation Administration; and
(3) procedures for increased communication and coordination
between the Federal Aviation Administration research advisory
committee established under section 44508 of title 49, United
States Code, and the NASA Aeronautics and Space Transportation
Technology Advisory Committee.
SEC. 903. <<NOTE: Records. 49 USC 106 note.>> INTERNET AVAILABILITY OF
INFORMATION.
The Administrator shall make available through the Internet home
page of the Federal Aviation Administration the abstracts relating to
all research grants and awards made with funds authorized by the
amendments made by this Act. Nothing in this section shall be construed
to require or permit the release of any information prohibited by law or
regulation from being released to the public.
SEC. 904. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.
Section 44504(b)(1) of title 49, United States Code, is amended by
inserting ``, including nonstructural aircraft systems,'' after ``life
of aircraft''.
SEC. 905. <<NOTE: 49 USC 44505 note.>> RESEARCH PROGRAM TO IMPROVE
AIRFIELD PAVEMENTS.
The Administrator shall consider awards to nonprofit concrete
pavement research foundations to improve the design, construction,
rehabilitation, and repair of rigid concrete airfield pavements to aid
in the development of safer, more cost-effective, and durable airfield
pavements. The Administrator may use a grant or cooperative agreement
for this purpose. Nothing in this section shall require the
Administrator to prioritize an airfield pavement research program above
safety, security, Flight 21, environment, or energy research programs.
SEC. 906. EVALUATION OF RESEARCH FUNDING TECHNIQUES.
(a) In General.--The Secretary, in consultation with the National
Academy of Sciences and representatives of airports, shall evaluate the
applicability of the techniques used to fund and administer research
under the National Highway Cooperative Research Program and the National
Transit Research Program to the research needs of airports.
(b) Report.--The Secretary shall transmit to Congress a report on
the results of the evaluation conducted under this section.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 9502.>> (relating to expenditures
from Airport and Airway Trust Fund) is amended--
(1) by striking ``October 1, 1998'' and inserting ``October
1, 2003''; and
[[Page 114 STAT. 197]]
(2) by inserting before the semicolon at the end of
subparagraph (A) the following: ``or the provisions of the
Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999 providing for payments from the Airport and Airway
Trust Fund or the Interim Federal Aviation Administration
Authorization Act or section 6002 of the 1999 Emergency
Supplemental Appropriations Act, Public Law 106-59, or the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century''.
(b) Limitation on Expenditure Authority.--Section 9502 of such Code
is amended by adding at the end the following new subsection:
``(f ) Limitation on Transfers to Trust Fund.--
``(1) In general.--Except as provided in paragraph (2), no
amount may be appropriated or credited to the Airport and Airway
Trust Fund on and after the date of any expenditure from the
Airport and Airway Trust Fund which is not permitted by this
section. The determination of whether an expenditure is so
permitted shall be made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act; and
``(B) whether such provision of law is a
subsequently enacted provision or directly or indirectly
seeks to waive the application of this subsection.
``(2) Exception for prior obligations.--Paragraph (1) shall
not apply to any expenditure to liquidate any contract entered
into (or for any amount otherwise obligated) before October 1,
2003, in accordance with the provisions of this section.''.
Approved April 5, 2000.
LEGISLATIVE HISTORY--H.R. 1000 (S. 82) (S. 1467):
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HOUSE REPORTS: Nos. 106-167 and Pt. 2 (Comm. on Transportation and
Infrastructure) and 106-513 (Comm. of Conference).
SENATE REPORTS: No. 106-9 accompanying S. 82 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
June 15, considered and passed
House.
Oct. 5, considered and passed
Senate, amended, in lieu of
S. 82.
Vol. 146 (2000):
Mar. 8, Senate agreed to conference
report.
Mar. 15, House agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Apr. 5, Presidential statement.
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