--H.R.1000--
H.R.1000
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century'.
(b) TABLE OF CONTENTS- 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.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Sec. 104. AIP formula changes.
Sec. 105. Passenger facility fees.
Sec. 106. Funding for aviation programs.
Sec. 107. Adjustment to AIP program funding.
Sec. 108. Reprogramming notification requirement.
Subtitle B--Airport Development
Sec. 121. Runway incursion prevention devices and emergency call
boxes.
Sec. 122. Windshear detection equipment and adjustable lighting
extensions.
Sec. 123. Pavement maintenance.
Sec. 124. Enhanced vision technologies.
Sec. 125. Public notice before waiver with respect to land.
Sec. 126. Matching share.
Sec. 127. Letters of intent.
Sec. 128. Grants from small airport fund.
Sec. 129. Discretionary use of unused apportionments.
Sec. 130. Designating current and former military airports.
Sec. 131. Contract tower cost-sharing.
Sec. 132. Innovative use of airport grant funds.
Sec. 133. Inherently low-emission airport vehicle pilot program.
Sec. 134. Airport security program.
Sec. 135. Technical amendments.
Sec. 136. Conveyances of airport property for public airports.
Sec. 137. Intermodal connections.
Sec. 138. State block grant program.
Sec. 139. Design-build contracting.
Subtitle C--Miscellaneous
Sec. 151. Treatment of certain facilities as airport-related
projects.
Sec. 152. Terminal development costs.
Sec. 153. Continuation of ILS inventory program.
Sec. 154. Aircraft noise primarily caused by military aircraft.
Sec. 155. Competition plans.
Sec. 156. Alaska rural aviation improvement.
Sec. 157. Use of recycled materials.
Sec. 158. Construction of runways.
Sec. 159. Notice of grants.
Sec. 160. Airfield pavement conditions.
Sec. 161. Report on efforts to implement capacity enhancements.
Sec. 162. Prioritization of discretionary projects.
Sec. 163. Continuation of reports.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Small Communities
Sec. 201. Policy for air service to rural areas.
Sec. 202. Waiver of local contribution.
Sec. 203. Improved air carrier service to airports not receiving
sufficient service.
Sec. 204. Preservation of essential air service at single carrier
dominated hub airports.
Sec. 205. Determination of distance from hub airport.
Sec. 206. Report on essential air service.
Sec. 207. Marketing practices.
Sec. 208. Definition of eligible place.
Sec. 209. Maintaining the integrity of the essential air service
program.
Sec. 210. Regional jet service for small communities.
Subtitle B--Airline Customer Service
Sec. 221. Consumer notification of E-ticket expiration dates.
Sec. 222. Increased penalty for violation of aviation consumer
protection laws.
Sec. 223. Funding of enforcement of airline consumer protections.
Sec. 224. Airline customer service reports.
Sec. 225. Increased financial responsibility for lost baggage.
Sec. 226. Comptroller General investigation.
Sec. 227. Airline service quality performance reports.
Sec. 228. National Commission To Ensure Consumer Information and Choice
in the Airline Industry.
Subtitle C--Competition
Sec. 231. Changes in, and phase-out of, slot rules.
TITLE III--FAA MANAGEMENT REFORM
Sec. 301. Air traffic control system defined.
Sec. 302. Air traffic control oversight.
Sec. 303. Chief Operating Officer.
Sec. 304. Pilot program to permit cost-sharing of air traffic
modernization projects.
Sec. 305. Clarification of regulatory approval process.
Sec. 306. Failure to meet rulemaking deadline.
Sec. 307. FAA personnel and acquisition management systems.
Sec. 308. Right to contest adverse personnel actions.
Sec. 309. Independent study of FAA costs and allocations.
Sec. 310. Environmental review of airport improvement projects.
Sec. 311. Cost allocation system.
Sec. 312. Report on modernization of oceanic ATC system.
TITLE IV--FAMILY ASSISTANCE
Sec. 401. Responsibilities of National Transportation Safety
Board.
Sec. 402. Air carrier plans.
Sec. 403. Foreign air carrier plans.
Sec. 404. Death on the high seas.
TITLE V--SAFETY
Sec. 501. Airplane emergency locators.
Sec. 502. Cargo collision avoidance systems deadlines.
Sec. 503. Landfills interfering with air commerce.
Sec. 504. Life-limited aircraft parts.
Sec. 505. Counterfeit aircraft parts.
Sec. 506. Prevention of frauds involving aircraft or space vehicle parts
in interstate or foreign air commerce.
Sec. 507. Transporting of hazardous material.
Sec. 508. Employment investigations and restrictions.
Sec. 509. Criminal penalty for pilots operating in air transportation
without an airman's certificate.
Sec. 510. Flight operations quality assurance rules.
Sec. 511. Penalties for unruly passengers.
Sec. 512. Deputizing of State and local law enforcement officers.
Sec. 513. Air transportation oversight system.
Sec. 514. Runway safety areas.
Sec. 515. Precision approach path indicators.
Sec. 516. Aircraft dispatchers.
Sec. 517. Improved training for airframe and powerplant mechanics.
Sec. 518. Small airport certification.
Sec. 519. Protection of employees providing air safety
information.
Sec. 520. Occupational injuries of airport workers.
TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY
Sec. 601. Transfer of functions, powers, and duties.
Sec. 602. Transfer of office, personnel and funds.
Sec. 603. Amendment of title 49, United States Code.
Sec. 604. Savings provision.
Sec. 605. National ocean survey.
Sec. 606. Sale and distribution of nautical and aeronautical products by
NOAA.
Sec. 607. Procurement of private enterprise mapping, charting, and
geographic information systems.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Duties and powers of Administrator.
Sec. 702. Public aircraft.
Sec. 703. Prohibition on release of offeror proposals.
Sec. 704. FAA evaluation of long-term capital leasing.
Sec. 705. Severable services contracts for periods crossing fiscal
years.
Sec. 706. Prohibitions on discrimination.
Sec. 707. Discrimination against handicapped individuals.
Sec. 708. Prohibitions against smoking on scheduled flights.
Sec. 709. Joint venture agreement.
Sec. 710. Reports by carriers on incidents involving animals during air
transport.
Sec. 711. Extension of war risk insurance program.
Sec. 712. General facilities and personnel authority.
Sec. 713. Human factors program.
Sec. 714. Implementation of Article 83 bis of the Chicago
Convention.
Sec. 715. Public availability of airmen records.
Sec. 716. Review process for emergency orders.
Sec. 717. Government and industry consortia.
Sec. 718. Passenger manifest.
Sec. 719. Cost recovery for foreign aviation services.
Sec. 720. Technical corrections to civil penalty provisions.
Sec. 721. Waiver under Airport Noise and Capacity Act.
Sec. 722. Land use compliance report.
Sec. 723. Charter airlines.
Sec. 724. Credit for emergency services provided.
Sec. 725. Passenger cabin air quality.
Sec. 726. Standards for aircraft and aircraft engines to reduce noise
levels.
Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration
project.
Sec. 728. Automated surface observation system stations.
Sec. 729. Aircraft situational display data.
Sec. 730. Elimination of backlog of equal employment opportunity
complaints.
Sec. 731. Grant of easement, Los Angeles, California.
Sec. 732. Regulation of Alaska guide pilots.
Sec. 733. National Transportation Data Center of Excellence.
Sec. 734. Aircraft repair and maintenance advisory panel.
Sec. 735. Operations of air taxi industry.
Sec. 736. National airspace redesign.
Sec. 737. Compliance with requirements.
Sec. 738. FAA consideration of certain State proposals.
Sec. 739. Cincinnati-Municipal Blue Ash Airport.
Sec. 740. Authority to sell aircraft and aircraft parts for use in
responding to oil spills.
Sec. 741. Discriminatory practices by computer reservations systems
outside the United States.
Sec. 742. Specialty metals consortium.
Sec. 743. Alkali silica reactivity distress.
Sec. 744. Rolling stock equipment.
Sec. 745. General Accounting Office airport noise study.
Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona.
Sec. 747. Nonmilitary helicopter noise.
Sec. 748. Newport News, Virginia.
Sec. 749. Authority to waive terms of deed of conveyance, Yavapai
County, Arizona.
Sec. 750. Authority to waive terms of deed of conveyance, Pinal County,
Arizona.
Sec. 751. Conveyance of airport property to an institution of higher
education in Oklahoma.
Sec. 752. Former airfield lands, Grant Parish, Louisiana.
Sec. 753. Raleigh County, West Virginia, Memorial Airport.
Sec. 754. Iditarod area school district.
Sec. 755. Alternative power sources for flight data recorders and
cockpit voice recorders.
Sec. 756. Terminal automated radar display and information system.
Sec. 757. Streamlining seat and restraint system certification process
and dynamic testing requirements.
Sec. 758. Expressing the sense of the Senate concerning air traffic over
northern Delaware.
Sec. 759. Post Free Flight Phase I activities.
Sec. 760. Sense of 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. 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. 808. Methodologies used to assess air tour noise.
Sec. 809. Alaska exemption.
TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT
Sec. 901. Authorization of appropriations.
Sec. 902. Integrated national aviation research plan.
Sec. 903. Internet availability of information.
Sec. 904. Research on nonstructural aircraft systems.
Sec. 905. Research program to improve airfield pavements.
Sec. 906. Evaluation of research funding techniques.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 1001. Extension of expenditure authority.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision of law, the reference shall be considered to be
made to a section or other provision of title 49, United States Code.
SEC. 3. APPLICABILITY.
Except as otherwise specifically provided, this Act and the amendments
made by this Act shall apply only to fiscal years beginning after September
30, 1999.
SEC. 4. DEFINITIONS.
Except as otherwise provided in this Act, the following definitions
apply:
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Federal Aviation Administration.
(2) SECRETARY- The term `Secretary' means the Secretary of
Transportation.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Funding
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 48103 is amended by striking
`shall be' the last place it appears and all that follows and inserting the
following: `shall be--
`(1) $2,410,000,000 for fiscal year 1999;
`(2) $2,475,000,000 for fiscal year 2000;
`(3) $3,200,000,000 for fiscal year 2001;
`(4) $3,300,000,000 for fiscal year 2002; and
`(5) $3,400,000,000 for fiscal year 2003.
Such sums shall remain available until expended.'.
(b) OBLIGATIONAL AUTHORITY- Section 47104(c) is amended by striking
`After' and all that follows through `1999,' and inserting `After September
30, 2003,'.
(c) REIMBURSEMENT- Upon enactment of this Act, amounts for administration
funded by the appropriation for `Federal Aviation Administration, Operations',
pursuant to the third proviso under the heading `Grants-in-Aid for Airports
(Liquidation of Contract Authorization) (Airport and Airway Trust Fund)' in
the Department of Transportation and Related Agencies Appropriations Act,
2000, may be reimbursed from funds limited under such heading.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) GENERAL AUTHORIZATION AND APPROPRIATIONS- Section 48101(a) is amended
by striking paragraphs (1), (2), and (3) and inserting the following:
`(1) $2,131,000,000 for fiscal year 1999.
`(2) $2,689,000,000 for fiscal year 2000.
`(3) $2,656,765,000 for fiscal year 2001.
`(4) $2,914,000,000 for fiscal year 2002.
`(5) $2,981,022,000 for fiscal year 2003.'.
(b) UNIVERSAL ACCESS SYSTEMS- Section 48101 is amended by adding at the
end the following:
`(d) UNIVERSAL ACCESS SYSTEMS- Of the amounts appropriated under
subsection (a) for fiscal year 2001, $8,000,000 may be used for the voluntary
purchase and installation of universal access systems.'.
(c) ALASKA NATIONAL AIR SPACE COMMUNICATIONS SYSTEM- Section 48101 is
further amended by adding at the end the following:
`(e) ALASKA NATIONAL AIR SPACE COMMUNICATIONS SYSTEM- Of the amounts
appropriated under subsection (a) for fiscal year 2001, $7,200,000 may be used
by the Administrator of the Federal Aviation Administration for the Alaska
National Air Space Interfacility Communications System if the Administrator
issues a report supporting the use of such funds for the System.'.
(d) AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED WEATHER OBSERVING
SYSTEM UPGRADE- Section 48101 is further amended by adding at the end the
following:
`(f) AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED WEATHER OBSERVING
SYSTEM UPGRADE- Of the amounts appropriated under subsection (a) for fiscal
years beginning after September 30, 2000, such sums as may be necessary for
the implementation and use of upgrades to the current automated surface
observation system/automated weather observing system, if the upgrade is
successfully demonstrated.'.
(e) LIFE-CYCLE COST ESTIMATES- Section 48101 is further amended by adding
at the end the following:
`(g) LIFE-CYCLE COST ESTIMATES- The Administrator of the Federal Aviation
Administration shall establish life-cycle cost estimates for any air traffic
control modernization project the total life-cycle costs of which equal or
exceed $50,000,000.'.
SEC. 103. FAA OPERATIONS.
(a) IN GENERAL- Section 106(k) is amended to read as follows:
`(k) AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS-
`(1) IN GENERAL- There is authorized to be appropriated to the Secretary
of Transportation for operations of the Administration--
`(A) such sums as may be necessary for fiscal year 2000;
`(B) $6,592,235,000 for fiscal year 2001;
`(C) $6,886,000,000 for fiscal year 2002; and
`(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
`(2) AUTHORIZED EXPENDITURES- Out of amounts appropriated under
paragraph (1), the following expenditures are authorized:
`(A) $450,000 for each of fiscal years 2000 through 2003 for wildlife
hazard mitigation measures and management of the wildlife strike database
of the Federal Aviation Administration.
`(B) $9,100,000 for the 3-fiscal-year period beginning with fiscal
year 2001 to support a university consortium established to provide an air
safety and security management certificate program, working cooperatively
with the Federal Aviation Administration and United States air carriers,
except that funds under this subparagraph--
`(i) may not be used for the construction of a building or other
facility; and
`(ii) may only be awarded on the basis of open
competition.
`(C) Such sums as may be necessary for fiscal years 2000 through 2003
to support infrastructure systems development for both general aviation
and the vertical flight industry.
`(D) Such sums as may be necessary for fiscal years 2000 through 2003
to establish helicopter approach procedures using current technologies
(such as the Global Positioning System) to support all-weather, emergency
medical service for trauma patients.
`(E) Such sums as may be necessary for fiscal years 2000 through 2003
to revise existing terminal and en route procedures and instrument flight
rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft
and to improve the national airspace system by separating such aircraft
from congested flight paths of fixed-wing aircraft.
`(F) $3,300,000 for fiscal year 2000 and $3,000,000 for each of fiscal
years 2001 through 2003 to implement the 1998 airport surface operations
safety action plan of the Federal Aviation Administration.
`(G) $9,100,000 for fiscal year 2001 to support air safety efforts
through payment of United States membership obligations in the
International Civil Aviation Organization, to be paid as soon as
practicable.
`(H) Such sums as may be necessary for fiscal years 2000 through 2003
for the Secretary to hire additional inspectors in order to enhance air
cargo security programs.
`(I) Such sums as may be necessary for fiscal years 2000 through 2003
to develop and improve training programs (including model training
programs and curriculum) for security screening personnel at airports that
will be used by airlines to meet regulatory requirements relating to the
training and testing of such personnel.'.
(b) OFFICE OF AIRLINE INFORMATION- There is authorized to be appropriated
from the Airport and Airway Trust Fund to the Secretary $4,000,000 for fiscal
years beginning after September 30, 2000, to fund the activities of the Office
of Airline Information in the Bureau of Transportation Statistics of the
Department of Transportation.
SEC. 104. AIP FORMULA CHANGES.
(a) AMOUNTS APPORTIONED TO SPONSORS-
(1) AMOUNTS TO BE APPORTIONED- Section 47114(c)(1) is amended--
(A) in subparagraph (B) by striking `$500,000' and inserting
`$650,000'; and
(B) by adding at the end the following:
`(C) SPECIAL RULE- In any fiscal year in which the total amount made
available under section 48103 is $3,200,000,000 or more--
`(i) the amount to be apportioned to a sponsor under subparagraph
(A) shall be increased by doubling the amount that would otherwise be
apportioned;
`(ii) the minimum apportionment to a sponsor under subparagraph (B)
shall be $1,000,000 rather than $650,000; and
`(iii) the maximum apportionment to a sponsor under subparagraph (B)
shall be $26,000,000 rather than $22,000,000.
`(D) NEW AIRPORTS- Notwithstanding subparagraph (A), the Secretary
shall apportion on the first day of the first fiscal year following the
official opening of a new airport with scheduled passenger air
transportation an amount equal to the minimum amount set forth in
subparagraph (B) or (C), as appropriate, to the sponsor of such
airport.
`(E) USE OF PREVIOUS FISCAL YEAR'S APPORTIONMENT- Notwithstanding
subparagraph (A), the Secretary may apportion to an airport sponsor in a
fiscal year an amount equal to the amount apportioned to that sponsor in
the previous fiscal year if the Secretary finds that--
`(i) passenger boardings at the airport fell below 10,000 in the
calendar year used to calculate the apportionment;
`(ii) the airport had at least 10,000 passenger boardings in the
calendar year prior to the calendar year used to calculate
apportionments to airport sponsors in a fiscal year; and
`(iii) the cause of the shortfall in passenger boardings was a
temporary but significant interruption in service by an air carrier to
that airport due to an employment action, natural disaster, or other
event unrelated to the demand for air transportation at the affected
airport.'.
(2) CONFORMING AMENDMENTS- Section 47114(c)(1) is amended--
(A) by striking `(1)(A) The Secretary' and inserting the
following:
`(A) APPORTIONMENT- The Secretary';
(B) in subparagraph (B) by striking `(B) Not less' and inserting the
following:
`(B) MINIMUM AND MAXIMUM APPORTIONMENTS- Not less'; and
(C) by aligning the left margin of subparagraph (A) (including clauses
(i) through (v)) and subparagraph (B) with subparagraphs (C) and (D) (as
added by paragraph (1)(B) of this subsection).
(b) CARGO ONLY AIRPORTS- Section 47114(c)(2) is amended--
(1) in subparagraph (A) by striking `2.5 percent' and inserting `3
percent'; and
(2) in subparagraph (C) by striking `Not more than' and inserting `In
any fiscal year in which the total amount made available under section 48103
is less than $3,200,000,000, not more than'.
(c) ENTITLEMENT FOR GENERAL AVIATION AIRPORTS- Section 47114(d) is amended
to read as follows:
`(d) AMOUNTS APPORTIONED FOR GENERAL AVIATION AIRPORTS-
`(1) DEFINITIONS- In this subsection, the following definitions
apply:
`(A) AREA- The term `area' includes land and water.
`(B) POPULATION- The term `population' means the population stated in
the latest decennial census of the United States.
`(2) APPORTIONMENT- Except as provided in paragraph (3), the Secretary
shall apportion to the States 18.5 percent of the amount subject to
apportionment for each fiscal year as follows:
`(A) 0.66 percent of the apportioned amount to Guam, American Samoa,
the Northern Mariana Islands, and the Virgin Islands.
`(B) Except as provided in paragraph (4), 49.67 percent of the
apportioned amount for airports, excluding primary airports but including
reliever and nonprimary commercial service airports, in States not named
in subparagraph (A) in the proportion that the population of each of those
States bears to the total population of all of those States.
`(C) Except as provided in paragraph (4), 49.67 percent of the
apportioned amount for airports, excluding primary airports but including
reliever and nonprimary commercial service airports, in States not named
in subparagraph (A) in the proportion that the area of each of those
States bears to the total area of all of those States.
`(3) SPECIAL RULE- In any fiscal year in which the total amount made
available under section 48103 is $3,200,000,000 or more, rather than making
an apportionment under paragraph (2), the Secretary shall apportion 20
percent of the amount subject to apportionment for each fiscal year as
follows:
`(A) To each airport, excluding primary airports but including
reliever and nonprimary commercial service airports, in States the lesser
of--
`(ii) 1/5 of the most recently published estimate of the 5-year
costs for airport improvement for the airport, as listed in the national
plan of integrated airport systems developed by the Federal Aviation
Administration under section 47103.
`(B) Any remaining amount to States as follows:
`(i) 0.62 percent of the remaining amount to Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and the Virgin
Islands.
`(ii) Except as provided in paragraph (4), 49.69 percent of the
remaining amount for airports, excluding primary airports but including
reliever and nonprimary commercial service airports, in States not named
in clause (i) in the proportion that the population of each of those
States bears to the total population of all of those States.
`(iii) Except as provided in paragraph (4), 49.69 percent of the
remaining amount for airports, excluding primary airports but including
reliever and nonprimary commercial service airports, in States not named
in clause (i) in the proportion that the area of each of those States
bears to the total area of all of those States.
`(4) AIRPORTS IN ALASKA, PUERTO RICO, AND HAWAII- An amount apportioned
under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in
such State may be made available by the Secretary for any public airport in
those respective jurisdictions.
`(5) USE OF STATE HIGHWAY SPECIFICATIONS-
`(A) IN GENERAL- The Secretary may permit the use of State highway
specifications for airfield pavement construction using funds made
available under this subsection at nonprimary airports with runways of
5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds
gross weight if the Secretary determines that--
`(i) safety will not be negatively affected; and
`(ii) the life of the pavement will not be shorter than it would be
if constructed using Administration standards.
`(B) LIMITATION- An airport may not seek funds under this subchapter
for runway rehabilitation or reconstruction of any such airfield pavement
constructed using State highway specifications for a period of 10 years
after construction is completed unless the Secretary determines that the
rehabilitation or reconstruction is required for safety reasons.
`(6) INTEGRATED AIRPORT SYSTEM PLANNING- Notwithstanding any other
provision of this subsection, funds made available under this subsection may
be used for integrated airport system planning that encompasses one or more
primary airports.'.
(d) SUPPLEMENTAL APPORTIONMENT FOR ALASKA- Section 47114(e) is
amended--
(1) in the subsection heading by striking `ALTERNATIVE' and inserting
`SUPPLEMENTAL';
(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.
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 that would be apportioned under this section after application of
paragraph (1) in a fiscal year to such sponsor and the projected revenues
to be derived from the fee in such fiscal year shall not be less than the
sum of the apportionment to such airport for the preceding fiscal year and
the revenues derived from such fee in the preceding fiscal year.
`(B) EFFECTIVE PERIOD- Subparagraph (A) shall be in effect for fiscal
years 2000 through 2003.'; and
(4) by aligning paragraph (1) of such section (as designated by
paragraph (1) of this section) with paragraph (2) of such section (as added
by paragraph (3) of this section).
SEC. 106. FUNDING FOR AVIATION PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS-
(1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE-
(A) IN GENERAL- The total budget resources made available from the
Airport and Airway Trust Fund each fiscal year through fiscal year 2003
pursuant to sections 48101, 48102, 48103, and 106(k) of title 49, United
States Code, shall be equal to the level of receipts plus interest
credited to the Airport and Airway Trust Fund for that fiscal year. Such
amounts may be used only for aviation investment programs listed in
subsection (b).
(B) GUARANTEE- No funds may be appropriated or limited for aviation
investment programs listed in subsection (b) unless the amount described
in subparagraph (A) has been provided.
(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM THE GENERAL FUND-
In any fiscal year through fiscal year 2003, if the amount described in
paragraph (1) is appropriated, there is further authorized to be
appropriated from the general fund of the Treasury such sums as may be
necessary for the Federal Aviation Administration Operations account.
(b) DEFINITIONS- In this section, the following definitions apply:
(1) TOTAL BUDGET RESOURCES- The term `total budget resources' means the
total amount made available from the Airport and Airway Trust Fund for the
sum of obligation limitations and budget authority made available for a
fiscal year for the following budget accounts that are subject to the
obligation limitation on contract authority provided in this Act and for
which appropriations are provided pursuant to authorizations contained in
this Act:
(A) 69-8106-0-7-402 (Grants in Aid for Airports).
(B) 69-8107-0-7-402 (Facilities and Equipment).
(C) 69-8108-0-7-402 (Research and Development).
(D) 69-8104-0-7-402 (Trust Fund Share of Operations).
(2) LEVEL OF RECEIPTS PLUS INTEREST- The term `level of receipts plus
interest' means the level of excise taxes and interest credited to the
Airport and Airway Trust Fund under section 9502 of the Internal Revenue
Code of 1986 for a fiscal year as set forth in the President's budget
baseline projection as defined in section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177) (Treasury
identification code 20-8103-0-7-402) for that fiscal year submitted pursuant
to section 1105 of title 31, United States Code.
(c) ENFORCEMENT OF GUARANTEES-
(1) TOTAL AIRPORT AND AIRWAY TRUST FUND FUNDING- It shall not be in
order in the House of Representatives or the Senate to consider any bill,
joint resolution, amendment, motion, or conference report that would cause
total budget resources in a fiscal year for aviation investment programs
described in subsection (b) to be less than the amount required by
subsection (a)(1)(A) for such fiscal year.
(2) CAPITAL PRIORITY- It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that provides an appropriation (or
any amendment thereto) for any fiscal year through fiscal year 2003 for
Research and Development or Operations if the sum of the obligation
limitation for Grants-in-Aid for Airports and the appropriation for
Facilities and Equipment for such fiscal year is below the sum of the
authorized levels for Grants-in-Aid for Airports and for Facilities and
Equipment for such fiscal year.
(d) CONFORMING AMENDMENT- Section 48104 is amended--
(1) by striking `Except as provided in this section,' in subsection (a);
and
(2) by striking subsections (b) and (c).
SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING.
(a) IN GENERAL- Chapter 481 is amended by adding at the end the
following:
`Sec. 48112. Adjustment to AIP program funding
`On the effective date of a general appropriations Act providing
appropriations for a fiscal year beginning after September 30, 2000, for the
Federal Aviation Administration, the amount made available for a fiscal year
under section 48103 shall be increased by the amount, if any, by which--
`(1) the amount authorized to be appropriated under section 48101 for
such fiscal year; exceeds
`(2) the amounts appropriated for programs funded under such section for
such fiscal year.
Any contract authority made available by this section shall be subject to
an obligation limitation.'.
(b) CONFORMING AMENDMENT- The analysis for such chapter is amended by
adding at the end the following:
`48112. Adjustment to AIP program funding.'.
SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT.
(a) IN GENERAL- Chapter 481 is further amended by adding at the end the
following:
`Sec. 48113. Reprogramming notification requirement
`Before reprogramming any amounts appropriated under section 106(k),
48101(a), or 48103, for which notification of the Committees on Appropriations
of the Senate and the House of Representatives is required, the Secretary of
Transportation shall transmit a written explanation of the proposed
reprogramming to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of
Representatives.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 481 is amended by
adding at the end the following:
`48113. Reprogramming notification requirement.'.
Subtitle B--Airport Development
SEC. 121. RUNWAY INCURSION PREVENTION DEVICES AND EMERGENCY CALL BOXES.
(a) POLICY- Section 47101(a)(11) is amended by inserting `(including
integrated in-pavement lighting systems for runways and taxiways and other
runway and taxiway incursion prevention devices)' after `technology' the first
place it appears.
(b) MAXIMUM USE OF SAFETY FACILITIES- Section 47101(f) is amended--
(1) by striking `and' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and inserting `;
and'; and
(3) by adding at the end the following:
`(11) runway and taxiway incursion prevention devices, including
integrated in-pavement lighting systems for runways and taxiways.'.
(c) INCLUSION OF UNIVERSAL ACCESS SYSTEMS AND EMERGENCY CALL BOXES AS
AIRPORT DEVELOPMENT- Section 47102(3)(B) is amended--
(A) by striking `and universal access systems,' and inserting `,
universal access systems, and emergency call boxes,'; and
(B) by inserting `and integrated in-pavement lighting systems for
runways and taxiways and other runway and taxiway incursion prevention
devices' before the semicolon at the end; and
(2) by inserting before the semicolon at the end of clause (iii) the
following: `, including closed circuit weather surveillance equipment if the
airport is located in Alaska'.
SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE LIGHTING
EXTENSIONS.
Section 47102(3)(B) is amended--
(1) by striking `and' at the end of clause (v);
(2) by striking the period at the end of clause (vi) and inserting a
semicolon; and
(3) by adding at the end the following:
`(vii) windshear detection equipment that is certified by the
Administrator of the Federal Aviation Administration;
`(viii) stainless steel adjustable lighting extensions approved by
the Administrator; and'.
SEC. 123. PAVEMENT MAINTENANCE.
(a) REPEAL OF PILOT PROGRAM-
(1) IN GENERAL- Section 47132 is repealed.
(2) CONFORMING AMENDMENT- The analysis for chapter 471 is amended by
striking the item relating to section 47132.
(b) ELIGIBILITY AS AIRPORT DEVELOPMENT- Section 47102(3) is amended by
adding at the end the following:
`(H) routine work to preserve and extend the useful life of runways,
taxiways, and aprons at airports that are not primary airports, under
guidelines issued by the Administrator of the Federal Aviation
Administration.'.
SEC. 124. ENHANCED VISION TECHNOLOGIES.
(a) STUDY- The Administrator shall enter into a cooperative research and
development agreement to study the benefits of utilizing enhanced vision
technologies to replace, enhance, or add to conventional airport approach and
runway lighting systems.
(b) REPORT- Not later than 180 days after the date of 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) publish notice of the proposed modification in the Federal
Register; and
`(B) provide an opportunity for comment on the proposal.
`(2) PUBLIC NOTICE BEFORE WAIVER OF AERONAUTICAL LAND-USE ASSURANCE-
Before modifying an assurance under subsection (c)(2)(B) that requires any
property to be used for an aeronautical purpose, the Secretary must provide
notice to the public not less than 30 days before making such
modification.'.
(b) WAIVER OF CONDITION ON CONVEYANCE OF LAND- Section 47125(a) is amended
by adding at the end the following: `Before waiving a condition that property
be used for an aeronautical purpose under the preceding sentence, the
Secretary must provide notice to the public not less than 30 days before
waiving such condition.'.
(c) SURPLUS PROPERTY- Section 47151 is amended by adding at the end the
following:
`(d) WAIVER OF CONDITION- Before the Secretary may waive any condition
imposed on an interest in surplus property conveyed under subsection (a) that
such interest be used for an aeronautical purpose, the Secretary must provide
notice to the public not less than 30 days before waiving such condition.'.
(d) WAIVER OF CERTAIN TERM- Section 47153 is amended by adding at the end
the following:
`(c) PUBLIC NOTICE BEFORE WAIVER- Notwithstanding subsections (a) and (b),
before the Secretary may waive any term imposed under this section that an
interest in land be used for an aeronautical purpose, the Secretary must
provide notice to the public not less than 30 days before waiving such
term.'.
(e) LIMITATION- Nothing in any amendment made by this section shall be
construed to authorize the Secretary to issue a waiver or make a modification
referred to in such amendment.
SEC. 126. MATCHING SHARE.
Section 47109(a) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4),
respectively; and
(2) by inserting after paragraph (1) the following:
`(2) not more than 90 percent for a project funded by a grant issued to
and administered by a State under section 47128, relating to the State block
grant program;'.
SEC. 127. LETTERS OF INTENT.
Section 47110(e) is amended--
(1) by striking paragraph (2)(C) and inserting the following:
`(C) that meets the criteria of section 47115(d) and, if for a project
at a commercial service airport having at least 0.25 percent of the
boardings each year at all such airports, the Secretary decides will enhance
system-wide airport capacity significantly.'; and
(2) by striking paragraph (5) and inserting the following:
`(5) LETTERS OF INTENT- The Secretary may not require an eligible agency
to impose a passenger facility fee under section 40117 in order to obtain a
letter of intent under this section.'.
SEC. 128. GRANTS FROM SMALL AIRPORT FUND.
(a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPERATING CERTIFICATES-
Section 47116 is amended by adding at the end the following:
`(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPERATING CERTIFICATES-
In the first fiscal year beginning after the effective date of regulations
issued to carry out section 44706(b) with respect to airports described in
section 44706(a)(2), and in each of the next 4 fiscal years, the lesser of
$15,000,000 or 20 percent of the amounts that would otherwise be distributed
to sponsors of airports under subsection (b)(2) shall be used to assist the
airports in meeting the terms established by the regulations. If the Secretary
publishes in the Federal Register a finding that all the terms established by
the regulations have been met, this subsection shall cease to be effective as
of the date of such publication.'.
(b) NOTIFICATION OF SOURCE OF GRANT- Section 47116 is further amended by
adding at the end the following:
`(f) NOTIFICATION OF SOURCE OF GRANT- Whenever the Secretary makes a grant
under this section, the Secretary shall notify the recipient of the grant, in
writing, that the source of the grant is from the small airport fund.'.
(c) TECHNICAL AMENDMENTS- Section 47116(d) is amended--
(1) by striking `In making' and inserting the following:
`(1) CONSTRUCTION OF NEW RUNWAYS- In making';
(2) by adding at the end the following:
`(2) AIRPORT DEVELOPMENT FOR TURBINE POWERED AIRCRAFT- In making grants
to sponsors described in subsection (b)(1), the Secretary shall give
priority consideration to airport development projects to support operations
by turbine powered aircraft if the non-Federal share of the project is at
least 40 percent.'; and
(3) by aligning the remainder of paragraph (1) (as designated by
paragraph (1) of this subsection) with paragraph (2) (as added by paragraph
(2) of this subsection).
SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.
Section 47117(f) (as redesignated by section 104(g) of this Act) is
amended to read as follows:
`(f) DISCRETIONARY USE OF APPORTIONMENTS-
`(1) IN GENERAL- Subject to paragraph (2), if the Secretary finds that
all or part of an amount of an apportionment under section 47114 is not
required during a fiscal year to fund a grant for which the apportionment
may be used, the Secretary may use during such fiscal year the amount not so
required to make grants for any purpose for which grants may be made under
section 48103. The finding may be based on the notifications that the
Secretary receives under section 47105(f) or on other information received
from airport sponsors.
`(2) RESTORATION OF APPORTIONMENTS-
`(A) IN GENERAL- If the fiscal year for which a finding is made under
paragraph (1) with respect to an apportionment is not the last fiscal year
of availability of the apportionment under subsection (b), the Secretary
shall restore to the apportionment an amount equal to the amount of the
apportionment used under paragraph (1) for a discretionary grant whenever
a sufficient amount is made available under section 48103.
`(B) PERIOD OF AVAILABILITY- If restoration under this paragraph is
made in the fiscal year for which the finding is made or the succeeding
fiscal year, the amount restored shall be subject to the original period
of availability of the apportionment under subsection (b). If the
restoration is made thereafter, the amount restored shall remain available
in accordance with subsection (b) for the original period of availability
of the apportionment plus the number of fiscal years during which a
sufficient amount was not available for the restoration.
`(3) NEWLY AVAILABLE AMOUNTS-
`(A) RESTORED AMOUNTS TO BE UNAVAILABLE FOR DISCRETIONARY GRANTS- Of
an amount newly available under section 48103 of this title, an amount
equal to the amounts restored under paragraph (2) shall not be available
for discretionary grant obligations under section 47115.
`(B) USE OF REMAINING AMOUNTS- Subparagraph (A) does not impair the
Secretary's authority under paragraph (1), after a restoration under
paragraph (2), to apply all or part of a restored amount that is not
required to fund a grant under an apportionment to fund discretionary
grants.
`(4) LIMITATIONS ON OBLIGATIONS APPLY- Nothing in this subsection shall
be construed to authorize the Secretary to incur grant obligations under
section 47104 for a fiscal year in an amount greater than the amount made
available under section 48103 for such obligations for such fiscal
year.'.
SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) IN GENERAL- Section 47118 is amended--
(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.';
(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 I air traffic control
towers, as defined by the Secretary, that do not qualify for the contract
tower program established under subsection (a) and continued under
paragraph (1) (in this paragraph referred to as the `Contract Tower
Program').
`(B) PROGRAM COMPONENTS- In carrying out the pilot program, the
Secretary shall--
`(i) utilize for purposes of cost-benefit analyses, current, actual,
site-specific data, forecast estimates, or airport master plan data
provided by a facility owner or operator and verified by the Secretary;
and
`(ii) approve for participation only facilities willing to fund a
pro rata share of the operating costs of the air traffic control tower
to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific
contract tower operating costs in any case in which there is an
operating air traffic control tower, as required for eligibility under
the Contract Tower Program.
`(C) PRIORITY- In selecting facilities to participate in the pilot
program, the Secretary shall give priority to the following
facilities:
`(i) Air traffic control towers that are participating in the
Contract Tower Program but have been notified that they will be
terminated from such program because the Secretary has determined that
the benefit-to-cost ratio for their continuation in such program is less
than 1.0.
`(ii) Air traffic control towers that the Secretary determines have
a benefit-to-cost ratio of at least .50.
`(iii) Air traffic control towers of the Federal Aviation
Administration that are closed as a result of the air traffic
controllers strike in 1981.
`(iv) Air traffic control towers located at airports or points at
which an air carrier is receiving compensation under the essential air
service program under this chapter.
`(v) Air traffic control towers located at airports that are
prepared to assume partial responsibility for maintenance
costs.
`(vi) Air traffic control towers located at airports with safety or
operational problems related to topography, weather, runway
configuration, or mix of aircraft.
`(vii) Air traffic control towers located at an airport at which the
community has been operating the tower at its own expense.
`(D) COSTS EXCEEDING BENEFITS- If the costs of operating an air
traffic tower under the pilot program exceed the benefits, the airport
sponsor or State or local government having jurisdiction over the airport
shall pay the portion of the costs that exceed such benefit.
`(E) FUNDING- Subject to paragraph (4)(D), of the amounts appropriated
pursuant to section 106(k), not more than $6,000,000 per fiscal year may
be used to carry out this paragraph.
`(4) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS-
`(A) IN GENERAL- Notwithstanding any other provision of this
subchapter, the Secretary may provide grants under this subchapter to not
more than 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.
`(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.'.
(b) CONFORMING AMENDMENT- The analysis for subchapter I of chapter 471 is
amended by adding at the end the following:
`47135. Innovative financing techniques.'.
SEC. 133. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM.
(a) IN GENERAL- Subchapter I of chapter 471 is further amended by adding
at the end the following:
`Sec. 47136. Inherently low-emission airport vehicle pilot program
`(a) IN GENERAL- The Secretary of Transportation shall carry out a pilot
program at not more than 10 public-use airports under which the sponsors of
such airports may use funds made available under section 48103 for use at such
airports to carry out inherently low-emission vehicle activities.
Notwithstanding any other provision of this subchapter, inherently
low-emission vehicle activities shall for purposes of the pilot program be
treated as eligible for assistance under this subchapter.
`(b) Location in Air Quality Nonattainment Areas-
`(1) IN GENERAL- A public-use airport shall be eligible for
participation in the pilot program only if the airport is located in an air
quality nonattainment area (as defined in section 171(2) of the Clean Air
Act (42 U.S.C. 7501(2)).
`(2) SHORTAGE OF CANDIDATES- If the Secretary receives an insufficient
number of applications from public-use airports located in such areas, then
the Secretary may consider applications from public-use airports that are
not located in such areas.
`(c) SELECTION CRITERIA- In selecting from among applicants for
participation in the pilot program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of funds
expended under the pilot program.
`(d) UNITED STATES GOVERNMENT'S SHARE- Notwithstanding any other provision
of this subchapter, the United States Government's share of the costs of a
project carried out under the pilot program shall be 50 percent.
`(e) MAXIMUM AMOUNT- Not more than $2,000,000 may be expended under the
pilot program at any single public-use airport.
`(f) TECHNICAL ASSISTANCE-
`(1) IN GENERAL- The sponsor of a public-use airport carrying out
inherently low-emission vehicle activities under the pilot program may use
not more than 10 percent of the amounts made available for expenditure at
the airport in a fiscal year under the pilot program to receive technical
assistance in carrying out such activities.
`(2) ELIGIBLE CONSORTIUM- To the maximum extent practicable,
participants in the pilot program shall use an eligible consortium (as
defined in section 5506 of this title) in the region of the airport to
receive technical assistance described in paragraph (1).
`(g) MATERIALS IDENTIFYING BEST PRACTICES- The Administrator may develop
and make available materials identifying best practices for carrying out
low-emission vehicle activities based on the projects carried out under the
pilot program and other sources.
`(h) REPORT TO CONGRESS- Not later than 18 months after the date of 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.'.
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';
(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--
(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';
(i) by striking `giving' and inserting `conveying'; and
(ii) by striking `gift' and inserting `conveyance'; and
(i) in the subsection heading by striking `GIVEN' and inserting
`CONVEYED'; and
(ii) by striking `given' and inserting `conveyed';
(A) in the section heading by striking `gifts' and inserting
`conveyances'; and
(B) in the matter preceding paragraph (1) by striking `gift' and
inserting `conveyance';
(3) in section 47153(a)(1)--
(A) by striking `gift' each place it appears and inserting
`conveyance'; and
(B) by striking `given' and inserting `conveyed'; and
(4) in the analysis for such chapter by striking the item relating to
section 47152 and inserting the following:
`47152. Terms of conveyances.'.
SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIRPORTS.
Section 47151 (as amended by section 125(c) of this Act) is further
amended by adding at the end the following:
`(e) REQUESTS BY PUBLIC AGENCIES- Except with respect to a request made by
another department, agency, or instrumentality of the executive branch of the
United States Government, such a department, agency, or instrumentality shall
give priority consideration to a request made by a public agency (as defined
in section 47102) for surplus property described in subsection (a) (other than
real property that is subject to section 2687 of title 10, section 201 of the
Defense Authorization Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment
Act of 1990 (10 U.S.C. 2687 note)) for use at a public airport.'.
SEC. 137. INTERMODAL CONNECTIONS.
(a) AIRPORT IMPROVEMENT POLICY- Section 47101(a)(5) is amended to read as
follows:
`(5) to encourage the development of intermodal connections on airport
property between aeronautical and other transportation modes and systems to
serve air transportation passengers and cargo efficiently and effectively
and promote economic development;'.
(b) AIRPORT DEVELOPMENT DEFINED- Section 47102(3) (as amended by section
123(b)) is further amended by adding at the end the following:
`(I) constructing, reconstructing, or improving an airport, or
purchasing nonrevenue generating capital equipment to be owned by an
airport, for the purpose of transferring passengers, cargo, or baggage
between the aeronautical and ground transportation modes on airport
property.'.
SEC. 138. STATE BLOCK GRANT PROGRAM.
Section 47128(a) is amended by striking `8 qualified States for fiscal
year 1997 and 9 qualified States for each fiscal year thereafter' and insert
`9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for
each fiscal year thereafter'.
SEC. 139. DESIGN-BUILD CONTRACTING.
(a) PILOT PROGRAM- The Administrator may establish a pilot program under
which design-build contracts may be used to carry out up to 7 projects at
airports in the United States with a grant awarded under section 47104 of
title 49, United States Code. A sponsor of an airport may submit an
application to the Administrator to carry out a project otherwise eligible for
assistance under chapter 471 of such title under the pilot program.
(b) USE OF DESIGN-BUILD CONTRACTS- Under the pilot program, the
Administrator may approve an application of an airport sponsor under this
section to authorize the airport sponsor to award a design-build contract
using a selection process permitted under applicable State or local law
if--
(1) the Administrator approves the application using criteria
established by the Administrator;
(2) the design-build contract is in a form that is approved by the
Administrator;
(3) the Administrator is satisfied that the contract will be executed
pursuant to competitive procedures and contains a schematic design adequate
for the Administrator to approve the grant;
(4) use of a design-build contract will be cost effective and expedite
the project;
(5) the Administrator is satisfied that there will be no conflict of
interest; and
(6) the Administrator is satisfied that the selection process will be as
open, fair, and objective as the competitive bid system and that at least
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:
`(A) A project for airport development or airport planning under
subchapter I of chapter 471.
`(B) A project for terminal development described in section
47110(d).
`(C) A project for airport noise capability planning under section
47505.
`(D) A project to carry out noise compatibility measures eligible for
assistance under section 47504, whether or not a program for those
measures has been approved under section 47504.
`(E) A project for constructing gates and related areas at which
passengers board or exit aircraft. In the case of a project required to
enable additional air service by an air carrier with less than 50 percent
of the annual passenger boardings at an airport, the project for
constructing gates and related areas may include structural foundations
and floor systems, exterior building walls and load-bearing interior
columns or walls, windows, door and roof systems, building utilities
(including heating, air conditioning, ventilation, plumbing, and
electrical service), and aircraft fueling facilities adjacent to the
gate.
`(4) PASSENGER FACILITY FEE- The term `passenger facility fee' means a
fee imposed under this section.
`(5) PASSENGER FACILITY REVENUE- The term `passenger facility revenue'
means revenue derived from a passenger facility fee.'.
SEC. 152. TERMINAL DEVELOPMENT COSTS.
(a) WITH RESPECT TO PASSENGER FACILITY CHARGES- Section 40117(a)(3) is
further amended--
(1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs
(D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
`(C) for costs of terminal development referred to in subparagraph (B)
incurred after August 1, 1986, at an airport that did not have more than
.25 percent of the total annual passenger boardings in the United States
in the most recent calendar year for which data is available and at which
total passenger boardings declined by at least 16 percent between calendar
year 1989 and calendar year 1997;'.
(b) NONPRIMARY COMMERCIAL SERVICE AIRPORTS- Section 47119 is amended by
adding at the end the following:
`(d) DETERMINATION OF PASSENGER BOARDING AT COMMERCIAL SERVICE AIRPORTS-
For the purpose of determining whether an amount may be distributed for a
fiscal year from the discretionary fund in accordance with subsection
(b)(2)(A) to a commercial service airport, the Secretary shall make the
determination of whether or not a public airport is a commercial service
airport on the basis of the number of passenger boardings and type of air
service at the public airport in the calendar year that includes the first day
of such fiscal year or the preceding calendar year, whichever is more
beneficial to the airport.'.
SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM.
Section 44502(a)(4)(B) is amended--
(1) by striking `each of fiscal years 1995 and 1996' and inserting `each
of fiscal years 2000 through 2002'; and
(2) by inserting `under new or existing contracts' after `including
acquisition'.
SEC. 154. AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT.
Section 47504(c) is amended by adding at the end the following:
`(6) AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT- The Secretary
may make a grant under this subsection for a project even if the purpose of
the project is to mitigate the effect of noise primarily caused by military
aircraft at an airport.'.
SEC. 155. COMPETITION PLANS.
(a) FINDINGS- The Congress makes the following findings:
(1) Major airports must be available on a reasonable basis to all air
carriers wishing to serve those airports.
(2) 15 large hub airports today are each dominated by one air carrier,
with each such carrier controlling more than 50 percent of the traffic at
the hub.
(3) The General Accounting Office has found that such levels of
concentration lead to higher air fares.
(4) The United States Government must take every step necessary to
reduce those levels of concentration.
(5) Consistent with air safety, spending at these airports must be
directed at providing opportunities for carriers wishing to serve such
facilities on a commercially viable basis.
(b) IN GENERAL- Section 47106 is amended by adding at the end the
following:
`(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:
`(1) IN GENERAL- Beginning in fiscal year 2001, no eligible agency may
impose a passenger facility fee under this section with respect to a covered
airport (as such term is defined in section 47106(f)) unless the agency has
submitted to the Secretary a written competition plan in accordance with
such section. This subsection does not apply to passenger facility fees in
effect before the date of 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 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. USE OF RECYCLED MATERIALS.
(a) STUDY- The Administrator shall conduct a study of the use of recycled
materials (including recycled pavements, waste materials, and byproducts) in
pavement used for runways, taxiways, and aprons and the specification
standards in tests necessary for the use of recycled materials in such
pavement. The primary focus of the study shall be on the long-term physical
performance, safety implications, and environmental benefits of using recycled
materials in aviation pavement.
(b) CONTRACTING- The Administrator may carry out the study by entering
into a contract with a university of higher education with expertise necessary
to carry out the study.
(c) REPORT- Not later than 1 year after the date of 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.
(d) FUNDING- Of the amounts appropriated pursuant to section 106(k) of
title 49, United States Code, not to exceed $1,500,000 may be used to carry
out this section.
SEC. 158. CONSTRUCTION OF RUNWAYS.
Notwithstanding any provision of law that specifically restricts the
number of runways at a single international airport, the Secretary may
obligate funds made available under chapters 471 and 481 of title 49, United
States Code, for any project to construct a new runway at such airport, unless
this section is expressly repealed.
SEC. 159. NOTICE OF GRANTS.
(a) TIMELY ANNOUNCEMENT- The Secretary shall announce a grant to be made
with funds made available under section 48103 of title 49, United States Code,
in a timely fashion after receiving necessary documentation concerning the
grant from the Administrator.
(b) NOTICE TO COMMITTEES- If the Secretary provides any committee of
Congress advance notice of a grant to be made with funds made available under
section 48103 of title 49, United States Code, the Secretary shall provide, on
the same date, such notice to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 160. AIRFIELD PAVEMENT CONDITIONS.
(a) EVALUATION OF OPTIONS- The Administrator shall evaluate options for
improving the quality of information available to the Federal Aviation
Administration on airfield pavement conditions for airports that are part of
the national air transportation system, including--
(1) improving the existing runway condition information contained in the
airport safety data program by reviewing and revising rating criteria and
providing increased training for inspectors;
(2) requiring such airports to submit pavement condition index
information as part of their airport master plan or as support in
applications for airport improvement grants; and
(3) requiring all such airports to submit pavement condition index
information on a regular basis and using this information to create a
pavement condition database that could be used in evaluating the
cost-effectiveness of project applications and forecasting anticipated
pavement needs.
(b) REPORT TO CONGRESS- Not later than 12 months after the date of 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.
SEC. 161. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCEMENTS.
Not 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.'.
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--
`(1) to provide assistance to an air carrier to subsidize service to and
from an underserved airport for a period not to exceed 3 years;
`(2) to provide assistance to an underserved airport to obtain service
to and from the underserved airport; and
`(3) to provide assistance to an underserved airport to implement such
other measures as the Secretary, in consultation with such airport,
considers appropriate to improve air service both in terms of the cost of
such service to consumers and the availability of such service, including
improving air service through marketing and promotion of air service and
enhanced utilization of airport facilities.
`(e) AUTHORITY TO MAKE AGREEMENTS-
`(1) IN GENERAL- The Secretary may make agreements to provide assistance
under this section.
`(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Secretary $20,000,000 for fiscal year 2001 and
$27,500,000 for each of fiscal years 2002 and 2003 to carry out this
section. Such sums shall remain available until expended.
`(f) ADDITIONAL ACTION- Under the pilot program established under
subsection (a), the Secretary shall work with air carriers providing service
to participating communities and major air carriers (as defined in section
41716(a)(2)) serving large hub airports (as defined in section 41731(a)(3)) to
facilitate joint-fare arrangements consistent with normal industry
practice.
`(g) DESIGNATION OF RESPONSIBLE OFFICIAL- The Secretary shall designate an
employee of the Department of Transportation--
`(1) to function as a facilitator between small communities and air
carriers;
`(2) to carry out this section;
`(3) to ensure that the Bureau of Transportation Statistics collects
data on passenger information to assess the service needs of small
communities;
`(4) to work with and coordinate efforts with other Federal, State, and
local agencies to increase the viability of service to small communities and
the creation of aviation development zones; and
`(5) to provide policy recommendations to the Secretary and Congress
that will ensure that small communities have access to quality, affordable
air transportation services.
`(h) AIR SERVICE DEVELOPMENT ZONE- The Secretary shall designate an
airport in the program as an Air Service Development Zone and work with the
community or consortium on means to attract business to the area surrounding
the airport, to develop land use options for the area, and provide data,
working with the Department of Commerce and other agencies.'.
(b) CONFORMING AMENDMENT- The analysis for subchapter II of chapter 417 is
amended by adding at the end the following:
`41743. Airports not receiving sufficient service.'.
SEC. 204. PRESERVATION OF ESSENTIAL AIR SERVICE AT SINGLE CARRIER DOMINATED
HUB AIRPORTS.
(a) IN GENERAL- Subchapter II of chapter 417 (as amended by section 203 of
this Act) is further amended by adding at the end the following:
`Sec. 41744. Preservation of basic essential air service at single carrier
dominated hub airports
`(a) IN GENERAL- If the Secretary of Transportation determines that
extraordinary circumstances jeopardize the reliable performance of essential
air service under this subchapter from a subsidized essential air service
community to and from an essential airport facility, the Secretary may require
an air carrier that has more than 60 percent of the total annual enplanements
at the essential airport facility to take action to enable another air carrier
to provide reliable essential air service to that community. Actions required
by the Secretary under this subsection may include interline agreements,
ground services, subleasing of gates, and the provision of any other service
or facility necessary for the performance of satisfactory essential air
service to that community.
`(b) ESSENTIAL AIRPORT FACILITY DEFINED- In this section, the term
`essential airport facility' means a large hub airport (as defined in section
41731) in the contiguous 48 States at which 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. DETERMINATION OF DISTANCE FROM HUB AIRPORT.
The Secretary may provide assistance under subchapter II of chapter 417 of
title 49, United States Code, with respect to a place that is located within
70 highway miles of a hub airport (as defined by section 41731 of such title)
if the most commonly used highway route between the place and the hub airport
exceeds 70 miles.
SEC. 206. REPORT ON ESSENTIAL AIR SERVICE.
(a) IN GENERAL- The Secretary shall conduct an analysis of the
difficulties faced by many smaller communities in retaining essential air
service and shall develop a plan to facilitate the retention of such
service.
(b) EXAMINATION OF NORTH DAKOTA COMMUNITIES- In conducting the analysis
and developing the plan under subsection (a), the Secretary shall pay
particular attention to communities located in North Dakota.
(c) REPORT- Not later than 60 days after the date of the enactment of this
section, the Secretary shall transmit to Congress a report containing the
analysis and plan described in subsection (a).
SEC. 207. MARKETING PRACTICES.
(a) REVIEW OF MARKETING PRACTICES THAT ADVERSELY AFFECT SERVICE TO SMALL
OR MEDIUM COMMUNITIES- Not later than 180 days after the date of 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;
(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 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.
SEC. 210. REGIONAL JET SERVICE FOR SMALL COMMUNITIES.
(a) IN GENERAL- Chapter 417 is amended by adding at the end the
following:
`SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
`Sec. 41761. Purpose
`The purpose of this subchapter is to improve service by jet aircraft to
underserved markets by providing assistance, in the form of Federal credit
instruments, to commuter air carriers that purchase regional jet aircraft for
use in serving those markets.
`Sec. 41762. Definitions
`In this subchapter, the following definitions apply:
`(1) AIR CARRIER- The term `air carrier' means any air carrier holding a
certificate of public convenience and necessity issued by the Secretary of
Transportation under section 41102.
`(2) AIRCRAFT PURCHASE- The term `aircraft purchase' means the purchase
of commercial transport aircraft, including spare parts normally associated
with the aircraft.
`(3) CAPITAL RESERVE SUBSIDY AMOUNT- The term `capital reserve subsidy
amount' means the amount of budget authority sufficient to cover estimated
long-term cost to the United States Government of a Federal credit
instrument, calculated on a net present value basis, excluding
administrative costs and any incidental effects on Government receipts or
outlays in accordance with provisions of the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
`(4) COMMUTER AIR CARRIER- The term `commuter air carrier' means an air
carrier that primarily operates aircraft designed to have a maximum
passenger seating capacity of 75 or less in accordance with published flight
schedules.
`(5) FEDERAL CREDIT INSTRUMENT- The term `Federal credit instrument'
means a secured loan, loan guarantee, or line of credit authorized to be
made under this subchapter.
`(6) FINANCIAL OBLIGATION- The term `financial obligation' means any
note, bond, debenture, or other debt obligation issued by an obligor in
connection with the financing of an aircraft purchase, other than a Federal
credit instrument.
`(7) LENDER- The term `lender' means any non-Federal qualified
institutional buyer (as defined by section 230.144A(a) of title 17, Code of
Federal Regulations (or any successor regulation) known as Rule 144A(a) of
the Security and Exchange Commission and issued under the Security Act of
1933 (15 U.S.C. 77a et seq.)), including--
`(A) a qualified retirement plan (as defined in section 4974(c) of the
Internal Revenue Code of 1986) that is a qualified institutional buyer;
and
`(B) a governmental plan (as defined in section 414(d) of the Internal
Revenue Code of 1986) that is a qualified institutional buyer.
`(8) LINE OF CREDIT- The term `line of credit' means an agreement
entered into by the Secretary with an obligor under section 41763(d) to
provide a direct loan at a future date upon the occurrence of certain
events.
`(9) LOAN GUARANTEE- The term `loan guarantee' means any guarantee or
other pledge by the Secretary under section 41763(c) to pay all or part of
any of the principal of and interest on a loan or other debt obligation
issued by an obligor and funded by a lender.
`(10) NEW ENTRANT AIR CARRIER- The term `new entrant air carrier' means
an air carrier that has been providing air transportation according to a
published schedule for less than 5 years, including any person that has
received authority from the Secretary to provide air transportation but is
not providing air transportation.
`(11) NONHUB AIRPORT- The term `nonhub airport' means an airport that
each year has less than .05 percent of the total annual boardings in the
United States.
`(12) OBLIGOR- The term `obligor' means a party primarily liable for
payment of the principal of or interest on a Federal credit instrument,
which party may be a corporation, partnership, joint venture, trust, or
governmental entity, agency, or instrumentality.
`(13) REGIONAL JET AIRCRAFT- The term `regional jet aircraft' means a
civil aircraft--
`(A) powered by jet propulsion; and
`(B) designed to have a maximum passenger seating capacity of not less
than 30 nor more than 75.
`(14) SECURED LOAN- The term `secured loan' means a direct loan funded
by the Secretary in connection with the financing of an aircraft purchase
under section 41763(b).
`(15) SMALL HUB AIRPORT- The term `small hub airport' means an airport
that each year has at least .05 percent, but less than .25 percent, of the
total annual boardings in the United States.
`(16) UNDERSERVED MARKET- The term `underserved market' means a
passenger air transportation market (as defined by the Secretary)
that--
`(A) is served (as determined by the Secretary) by a nonhub airport or
a small hub airport;
`(B) is not within a 40-mile radius of an airport that each year has
at least .25 percent of the total annual boardings in the United States;
and
`(C) the Secretary determines does not have sufficient air
service.
`Sec. 41763. Federal credit instruments
`(a) IN GENERAL- Subject to this section and section 41766, the Secretary
of Transportation may enter into agreements with one or more obligors to make
available Federal credit instruments, the proceeds of which shall be used to
finance aircraft purchases.
`(1) TERMS AND LIMITATIONS-
`(A) IN GENERAL- A secured loan under this section with respect to an
aircraft purchase shall be on such terms and conditions and contain such
covenants, representatives, warranties, and requirements (including
requirements for audits) as the Secretary determines appropriate.
`(B) MAXIMUM AMOUNT- No secured loan may be made under this
section--
`(i) that extends to more than 50 percent of the purchase price
(including the value of any manufacturer credits, post-purchase options,
or other discounts) of the aircraft, including spare parts, to be
purchased; or
`(ii) that, when added to the remaining balance on any other Federal
credit instruments made under this subchapter, provides more than
$100,000,000 of outstanding credit to any single obligor.
`(C) FINAL PAYMENT DATE- The final payment on the secured loan shall
not be due later than 18 years after the date of execution of the loan
agreement.
`(D) SUBORDINATION- The secured loan may be subordinate to claims of
other holders of obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor as determined appropriate by the
Secretary.
`(E) FEES- The Secretary, subject to appropriations, may establish
fees at a level sufficient to cover all or a portion of the administrative
costs to the United States Government of making a secured loan under this
section. The proceeds of such fees shall be deposited in an account to be
used by the Secretary for the purpose of administering the program
established under this subchapter and shall be available upon deposit
until expended.
`(A) SCHEDULE- The Secretary shall establish a repayment schedule for
each secured loan under this section based on the projected cash flow from
aircraft revenues and other repayment sources.
`(B) COMMENCEMENT- Scheduled loan repayments of principal and interest
on a secured loan under this section shall commence no later than 3 years
after the date of execution of the loan agreement.
`(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.
`(1) IN GENERAL- A loan guarantee under this section with respect to a
loan made for an aircraft purchase shall be made in such form and on such
terms and conditions and contain such covenants, representatives,
warranties, and requirements (including requirements for audits) as the
Secretary determines appropriate.
`(2) MAXIMUM AMOUNT- No loan guarantee shall be made under this
section--
`(A) that extends to more than the unpaid interest and 50 percent of
the unpaid principal on any loan;
`(B) that, for any loan or combination of loans, extends to more than
50 percent of the purchase price (including the value of any manufacturer
credits, post-purchase options, or other discounts) of the aircraft,
including spare parts, to be purchased with the loan or loan
combination;
`(C) on any loan with respect to which terms permit repayment more
than 15 years after the date of execution of the loan; or
`(D) that, when added to the remaining balance on any other Federal
credit instruments made under this subchapter, provides more than
$100,000,000 of outstanding credit to any single obligor.
`(3) FEES- The Secretary, subject to appropriations, may establish fees
at a level sufficient to cover all or a portion of the administrative costs
to the United States Government of making a loan guarantee under this
section. The proceeds of such fees shall be deposited in an account to be
used by the Secretary for the purpose of administering the program
established under this subchapter and shall be available upon deposit until
expended.
`(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.
`(i) TOTAL AMOUNT- The amount of any line of credit shall not exceed
50 percent of the purchase price (including the value of any
manufacturer credits, post-purchase options, or other discounts) of the
aircraft, including spare parts.
`(ii) 1-YEAR DRAWS- The amount drawn in any year shall not exceed 20
percent of the total amount of the line of credit.
`(C) DRAWS- Any draw on the line of credit shall represent a direct
loan.
`(D) PERIOD OF AVAILABILITY- The line of credit shall be available not
more than 5 years after the aircraft purchase date.
`(E) RIGHTS OF THIRD-PARTY CREDITORS-
`(i) AGAINST UNITED STATES GOVERNMENT- A third-party creditor of the
obligor shall not have any right against the United States Government
with respect to any draw on the line of credit.
`(ii) ASSIGNMENT- An obligor may assign the line of credit to one or
more lenders or to a trustee on the lender's behalf.
`(F) SUBORDINATION- A direct loan under this subsection may be
subordinate to claims of other holders of obligations in the event of
bankruptcy, insolvency, or liquidation of the obligor as determined
appropriate by the Secretary.
`(G) FEES- The Secretary, subject to appropriations, may establish
fees at a level sufficient to cover all of a portion of the administrative
costs to the United States Government of providing a line of credit under
this subsection. The proceeds of such fees shall be deposited in an
account to be used by the Secretary for the purpose of administering the
program established under this subchapter and shall be available upon
deposit until expended.
`(A) SCHEDULE- The Secretary shall establish a repayment schedule for
each direct loan under this subsection.
`(B) COMMENCEMENT- Scheduled loan repayments of principal or interest
on a direct loan under this subsection shall commence no later than 3
years after the date of the first draw on the line of credit and shall be
repaid, with interest, not later than 18 years after the date of the first
draw.
`(e) RISK ASSESSMENT- Before entering into an agreement under this section
to make available a Federal credit instrument, the Secretary, in consultation
with the Director of the Office of Management and Budget, shall determine an
appropriate capital reserve subsidy amount for the Federal credit instrument
based on such credit evaluations as the Secretary deems necessary.
`(f) CONDITIONS- Subject to subsection (h), the Secretary may only make a
Federal credit instrument available under this section if the Secretary finds
that--
`(1) the aircraft to be purchased with the Federal credit instrument is
a regional jet aircraft needed to improve the service and efficiency of
operation of a commuter air carrier or new entrant air carrier;
`(2) the commuter air carrier or new entrant air carrier enters into a
legally binding agreement that requires the carrier to use the aircraft to
provide service to underserved markets; and
`(3) the prospective earning power of the commuter air carrier or new
entrant air carrier, together with the character and value of the security
pledged, including the collateral value of the aircraft being acquired and
any other assets or pledges used to secure the Federal credit instrument,
furnish--
`(A) reasonable assurances of the air carrier's ability and intention
to repay the Federal credit instrument within the terms established by the
Secretary--
`(i) to continue its operations as an air carrier; and
`(ii) to the extent that the Secretary determines to be necessary,
to continue its operations as an air carrier between the same route or
routes being operated by the air carrier at the time of the issuance of
the Federal credit instrument; and
`(B) reasonable protection to the United States.
`(g) LIMITATION ON COMBINED AMOUNT OF FEDERAL CREDIT INSTRUMENTS- The
Secretary shall not allow the combined amount of Federal credit instruments
available for any aircraft purchase under this section to exceed--
`(1) 50 percent of the cost of the aircraft purchase; or
`(2) $100,000,000 for any single obligor.
`(h) REQUIREMENT- Subject to subsection (i), no Federal credit instrument
may be made under this section for the purchase of any regional jet aircraft
that does not comply with the stage 3 noise levels of part 36 of title 14 of
the Code of Federal Regulations, as in effect on January 1, 1999.
`(i) OTHER LIMITATIONS- No Federal credit instrument shall be made by the
Secretary under this section for the purchase of a regional jet aircraft
unless the commuter air carrier or new entrant air carrier enters into a
legally binding agreement that requires the carrier 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 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.
`41763. Federal credit instruments.
`41764. Use of Federal facilities and assistance.
`41765. Administrative expenses.
Subtitle B--Airline Customer Service
SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.
Section 41712 is amended--
(1) by inserting `(a) IN GENERAL- ' before `On'; and
(2) by adding at the end the following:
`(b) E-TICKET EXPIRATION NOTICE- It shall be an unfair or deceptive
practice under subsection (a) for any air carrier, foreign air carrier, or
ticket agent utilizing electronically transmitted tickets for air
transportation to fail to notify the purchaser of such a ticket of its
expiration date, if any.'.
SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER PROTECTION
LAWS.
(a) IN GENERAL- Section 46301(a) is amended by adding at the end the
following:
`(7) CONSUMER PROTECTION- Notwithstanding paragraphs (1) and (4), the
maximum civil penalty for violating section 40127 or 41712 (including a
regulation prescribed or order issued under such section) or any other
regulation prescribed by the Secretary that is intended to afford consumer
protection to commercial air transportation passengers, shall be $2,500 for
each violation.'.
(b) TECHNICAL AMENDMENT- Paragraph (6) of section 46301(a) is amended--
(1) by inserting `AIR SERVICE TERMINATION NOTICE- ' before
`Notwithstanding'; and
(2) by aligning the left margin of such paragraph with paragraph (5) of
such section.
SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER PROTECTIONS.
There are authorized to be appropriated to the Secretary for the purpose
of ensuring compliance with, and enforcing, the rights of air travelers under
sections 40127, 41705, and 41712 of title 49, United States Code--
(1) $2,300,000 for fiscal year 2000;
(2) $2,415,000 for fiscal year 2001;
(3) $2,535,750 for fiscal year 2002; and
(4) $2,662,500 for fiscal year 2003.
SEC. 224. AIRLINE CUSTOMER SERVICE REPORTS.
(a) SECRETARY TO REPORT PLANS RECEIVED- Not later than September 15, 1999,
each air carrier that provides scheduled passenger air transportation and that
is a member of the Air Transport Association, all of which have entered into
the voluntary customer service commitments established by the Association on
June 17, 1999 (in this section referred to as the `Airline Customer Service
Commitment'), shall provide a copy of its individual customer service plan to
the Secretary. Upon receipt of each individual plan, the Secretary shall
transmit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of
Representatives notice of receipt of the plan, together with a copy of the
plan.
(b) IMPLEMENTATION- The Inspector General of the Department of
Transportation shall monitor the implementation of any plan submitted by an
air carrier to the Secretary under subsection (a) and evaluate the extent to
which the carrier has met its commitments under its plan. The carrier shall
provide such information to the Inspector General as may be necessary for the
Inspector General to prepare the report required by subsection (c).
(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.
(iii) A description, by air carrier, of how the air carrier has
implemented each commitment covered by its plan.
(iv) An analysis, by air carrier, of the methods of meeting each
such commitment and, in such analysis, provide information that allows
consumers to make decisions on the quality of air transportation
provided by such carriers.
(v) A comparison of each air carrier's plan and the implementation
of that plan with the customer service provided by a representative
sampling of other air carriers providing scheduled passenger air
transportation with aircraft similar in size to the aircraft used by the
carrier that submitted a plan so as to allow consumers to make decisions
as to the relative quality of air transportation provided by each group
of carriers. In making this comparison, the Inspector General shall give
due regard to the differences in the fares charged and the size of the
air carriers being compared.
SEC. 225. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE.
Not later than 30 days after the date of 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 later than June 15, 2000, the Comptroller General shall
transmit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study.
SEC. 227. AIRLINE SERVICE QUALITY PERFORMANCE REPORTS.
(a) MODIFICATION OF REPORTS- In consultation with the task force to be
established under subsection (b), the Secretary shall modify the regulations
in part 234 of title 14, Code of Federal Regulations, relating to airline
service quality performance reports, to disclose more fully to the public the
nature and source of delays and cancellations experienced by air travelers.
(b) TASK FORCE- Not later than 90 days after the date of 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;
(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').
(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.
(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.
(5) TRAVEL EXPENSES- Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence, in accordance
with subchapter I of chapter 57 of title 5, United States Code.
(6) CHAIRPERSON- The member appointed by the Secretary of Transportation
under paragraph (2)(C) shall serve as the Chairperson of the Commission
(referred to in this section as the `Chairperson').
(e) COMMISSION PANELS- The Chairperson shall establish such panels
consisting of members of the Commission as the Chairperson determines
appropriate to carry out the functions of the Commission.
(f) STAFF- The Commission may appoint and fix the pay of such personnel as
it considers appropriate.
(g) STAFF OF FEDERAL AGENCIES- Upon request of the Commission, the head of
any department or agency of the United States may detail, on a reimbursable
basis, any of the personnel of that department or agency to the Commission to
assist it in carrying out its duties under this section.
(h) OTHER STAFF AND SUPPORT- Upon the request of the Commission, or a
panel of the Commission, the Secretary of Transportation shall provide the
Commission or panel with professional and administrative staff and other
support, on a reimbursable basis, to assist the Commission or panel in
carrying out its responsibilities.
(i) OBTAINING OFFICIAL DATA- The Commission may secure directly from any
department or agency of the United States information (other than information
required by any statute of the United States to be kept confidential by such
department or agency) necessary for the Commission to carry out its duties
under this section. Upon request of the Commission, the head of that
department or agency shall furnish such nonconfidential information to the
Commission.
(j) REPORT- Not later than 6 months after the date on which initial
appointments of members to the Commission are completed, the Commission shall
transmit to the President and Congress a report on the activities of the
Commission, including recommendations made by the Commission under subsection
(c).
(k) TERMINATION- The Commission shall terminate on the 30th day following
the date of transmittal of the report under subsection (j).
(l) APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT- The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
Subtitle C--Competition
SEC. 231. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.
(a) RULES THAT APPLY TO ALL SLOT EXEMPTION REQUESTS-
(1) PROMPT CONSIDERATION OF REQUESTS- Section 41714(i) is amended to
read as follows:
`(i) 60-DAY APPLICATION PROCESS-
`(1) REQUEST FOR SLOT EXEMPTIONS- Any slot exemption request filed with
the Secretary under this section or section 41716 or 41717 (other than
subsection (c)) shall include--
`(A) the names of the airports to be served;
`(B) the times requested; and
`(C) such additional information as the Secretary may
require.
`(2) ACTION ON REQUEST; FAILURE TO ACT- Within 60 days after a slot
exemption request under this section or section 41716 or 41717 (other than
subsection (c)) is received by the Secretary, the Secretary shall--
`(A) approve the request if the Secretary determines that the
requirements of the section under which the request is made are
met;
`(B) return the request to the applicant for additional information
relating to the request to provide air transportation; or
`(C) deny the request and state the reasons for its denial.
`(3) 60-DAY PERIOD TOLLED FOR TIMELY REQUEST FOR MORE INFORMATION- If
the Secretary returns under paragraph (2)(B) the request for additional
information during the first 20 days after the request is filed, then the
60-day period under paragraph (2) shall be tolled until the date on which
the additional information is filed with the Secretary.
`(4) FAILURE TO DETERMINE DEEMED APPROVAL- If the Secretary neither
approves the request under paragraph (2)(A) nor denies the request under
paragraph (2)(C) within the 60-day period beginning on the date the request
is received, excepting any days during which the 60-day period is tolled
under paragraph (3), then the request is deemed to have been approved on the
61st day, after the request was filed with the Secretary.'.
(2) EXEMPTIONS MAY NOT BE TRANSFERRED- Section 41714 is further amended
by adding at the end the following:
`(j) EXEMPTIONS MAY NOT BE TRANSFERRED- No exemption from the requirements
of subparts K and S of part 93 of title 14, Code of Federal Regulations,
granted under this section or section 41716, 41717, or 41718 may be bought,
sold, leased, or otherwise transferred by the carrier to which it is
granted.'.
(3) EQUAL TREATMENT OF AFFILIATED CARRIERS- Section 41714 (as amended by
paragraph (2) of this subsection) is further amended by adding at the end
the following:
`(k) AFFILIATED CARRIERS- For purposes of this section and sections 41716,
41717, and 41718, an air carrier that operates under the same designator code,
or has or enters into a code-share agreement, with any other air carrier shall
not qualify for a new slot or slot exemption as a new entrant or limited
incumbent air carrier at an airport if the total number of slots and slot
exemptions held by the 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--
(A) by striking `and section 41734(h)' and inserting `and sections
41715-41718 and 41734(h)';
(B) in paragraph (3) by striking `as defined' and all that follows
through `Federal Regulations'; and
(C) by adding at the end the following:
`(5) LIMITED INCUMBENT AIR CARRIER- The term `limited incumbent air
carrier' has the meaning given that term in subpart S of part 93 of title
14, Code of Federal Regulations; except that--
`(A) `20' shall be substituted for `12' in sections 93.213(a)(5),
93.223(c)(3), and 93.225(h);
`(B) for purposes of such sections, the term `slot' shall include
`slot exemptions'; and
`(C) for Ronald Reagan Washington National Airport, the Administrator
shall not count, for the purposes of section 93.213(a)(5), slots currently
held by an air carrier but leased out on a long-term basis by that carrier
for use in foreign air transportation and renounced by the carrier for
return to the Department of Transportation or the Federal Aviation
Administration.
`(6) REGIONAL JET- The term `regional jet' means a passenger,
turbofan-powered aircraft with a certificated maximum passenger seating
capacity of less than 71.
`(7) NONHUB AIRPORT- The term `nonhub airport' means an airport that had
less than .05 percent of the total annual boardings in the United States as
determined under the Federal Aviation Administration's Primary Airport
Enplanement Activity Summary for Calendar Year 1997.
`(8) SMALL HUB AIRPORT- The term `small hub airport' means an airport
that had at least .05 percent, but less than .25 percent, of the total
annual boardings in the United States as determined under the summary
referred to in paragraph (7).
`(9) MEDIUM HUB AIRPORT- The term `medium hub airport' means an airport
that each year has at least .25 percent, but less than 1.0 percent, of the
total annual boardings in the United States as determined under the summary
referred to in paragraph (7).'.
(b) PHASE-OUT OF SLOT RULES- Chapter 417 is amended--
(1) by redesignating sections 41715 and 41716 as sections 41719 and
41720; and
(2) by inserting after section 41714 the following:
`Sec. 41715. Phase-out of slot rules at certain airports
`(a) TERMINATION- The rules contained in subparts S and K of part 93,
title 14, Code of Federal Regulations, shall not apply--
`(1) after July 1, 2002, at Chicago O'Hare International Airport;
and
`(2) after January 1, 2007, at LaGuardia Airport or John F. Kennedy
International Airport.
`(b) STATUTORY CONSTRUCTION- Nothing in this section and sections 41714
and 41716-41718 shall be construed--
`(1) as affecting the Federal Aviation Administration's authority for
safety and the movement of air traffic; and
`(2) as affecting any other authority of the Secretary to grant
exemptions under section 41714.
`(c) FACTORS TO CONSIDER-
`(1) IN GENERAL- Before the award of slot exemptions under sections
41714 and 41716-41718, the Secretary of Transportation may consider, among
other determining factors, whether the petitioning air carrier's proposal
provides the maximum benefit to the United States economy, including 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 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.
`(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--
`(1) before October 1, 1999, the Secretary received a written air
service termination notice for that route; or
`(2) after September 30, 1999, the air carrier submits an air service
termination notice under section 41719 for that route and the Secretary
determines that the carrier suffered excessive losses, including substantial
losses on operations on that route during the calendar quarters immediately
preceding submission of the notice.'.
(2) ELIMINATION OF BASIC ESSENTIAL AIR SERVICE EXEMPTION LIMIT- Section
41714(a)(3) is amended by striking `; except that' and all that follows
through `132 slots'.
(3) PROHIBITION OF SLOT WITHDRAWALS- Section 41714(b)(2) is
amended--
(A) by inserting `at Chicago O'Hare International Airport' after `a
slot'; and
(B) by striking `if the withdrawal' and all that follows through
`1993'.
(4) CONVERSIONS- Section 41714(b)(4) is amended to read as
follows:
`(4) CONVERSIONS OF SLOTS- Effective May 1, 2000, slots at Chicago
O'Hare International Airport allocated to an air carrier as of November 1,
1999, to provide foreign air transportation shall be made available to such
carrier to provide interstate or intrastate air transportation.'.
(5) RETURN OF WITHDRAWN SLOTS- The Secretary shall return any slot
withdrawn from an air carrier under section 41714(b) of title 49, United
States Code, before the date of 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 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.
`(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 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 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;
`(C) John F. Kennedy International Airport; and
`(D) Ronald Reagan Washington National Airport.'.
(g) STUDY OF COMMUNITY NOISE LEVELS AROUND HIGH DENSITY AIRPORTS- The
Secretary shall study community noise levels in the areas surrounding the 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--
`(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.
`(III) Management of large procurements.
`(IV) Information and communications technology.
`(V) Organizational development.
At least one of such members should have a background in managing
large organizations successfully. In the aggregate, such members should
collectively bring to bear expertise in all of the areas described in
subclauses (I) through (VI).
`(C) PROHIBITIONS ON MEMBERS OF SUBCOMMITTEE- No member appointed
under paragraph (2)(E) may--
`(i) have a pecuniary interest in, or own stock in or bonds of, an
aviation or aeronautical enterprise, except an interest in a diversified
mutual fund or an interest that is exempt from the application of
section 208 of title 18;
`(ii) engage in another business related to aviation or aeronautics;
or
`(iii) be a member of any organization that engages, as a
substantial part of its activities, in activities to influence
aviation-related legislation.'; and
(D) by indenting subparagraph (A) (as designated by subparagraph (A)
of this paragraph) and aligning it with subparagraph (B) of such section
(as added by subparagraph (C) of this paragraph).
(b) TERMS OF MEMBERS- Section 106(p)(6) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs
(J), (K), and (L), respectively; and
(2) by striking subparagraph (A) and inserting the following:
`(A) TERMS OF MEMBERS APPOINTED UNDER PARAGRAPH (2)(C)- Members of the
Council appointed under paragraph (2)(C) shall be appointed for a term of
3 years. Of the members first appointed by the President under paragraph
(2)(C)--
`(i) 3 shall be appointed for terms of 1 year;
`(ii) 4 shall be appointed for terms of 2 years; and
`(iii) 3 shall be appointed for terms of 3 years.
`(B) TERM FOR AIR TRAFFIC CONTROL REPRESENTATIVE- The member appointed
under paragraph (2)(D) shall be appointed for a term of 3 years, except
that the term of such individual shall end whenever the individual no
longer meets the requirements of paragraph (2)(D).
`(C) TERMS FOR AIR TRAFFIC SERVICES SUBCOMMITTEE MEMBERS- The member
appointed under paragraph (2)(E) shall be appointed for a term of 5 years,
except that of the members first appointed under paragraph
(2)(E)--
`(i) 2 members shall be appointed for a term of 3 years;
`(ii) 2 members shall be appointed for a term of 4 years;
and
`(iii) 1 member shall be appointed for a term of 5
years.
`(D) REAPPOINTMENT- An individual may not be appointed under paragraph
(2)(E) to more than 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 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.
`(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.
`(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.
`(I) review and approve the budget request of the Administration
related to the air traffic control system prepared by the
Administrator;
`(II) submit such budget request to the Secretary;
and
`(III) ensure that the budget request supports the annual and
long-range strategic plans.
The Secretary shall submit the budget request referred to in clause
(v)(II) for any fiscal year to the President who shall transmit such
request, without revision, to the Committees on Transportation and
Infrastructure and Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation and Appropriations of
the Senate, together with the President's annual budget request for the
Federal Aviation Administration for such fiscal year.
`(D) SUBCOMMITTEE PERSONNEL MATTERS-
`(i) COMPENSATION OF MEMBERS- Each member of the Subcommittee shall
be compensated at a rate of $25,000 per year.
`(ii) COMPENSATION OF CHAIRPERSON- Notwithstanding clause (i), the
chairperson of the Subcommittee shall be compensated at a rate of
$40,000 per year.
`(iii) STAFF- The chairperson of the Subcommittee may appoint and
terminate any personnel that may be necessary to enable the Subcommittee
to perform its duties.
`(iv) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The
chairperson of the Subcommittee may procure temporary and intermittent
services under section 3109(b) of title 5, 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.
`(i) ANNUAL- The Subcommittee shall each year report with respect to
the conduct of its responsibilities under this title to the
Administrator, the Council, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate.
`(ii) ADDITIONAL REPORT- If a determination by the Subcommittee
under subparagraph (B)(i) that the organization and operation of the air
traffic control system are not allowing the Administration to carry out
its mission, the Subcommittee shall report such determination to the
Administrator, the Council, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate.
`(iii) ACTION OF ADMINISTRATOR ON REPORT- Not later than 60 days
after the date of a report of the Subcommittee under this subparagraph,
the Administrator shall take action with respect to such report. If the
Administrator overturns a recommendation of the Subcommittee, the
Administrator shall report such action to the President, the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of the
Senate.
`(iv) COMPTROLLER GENERAL'S REPORT- Not later than April 30, 2003,
the Comptroller General of the United States shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee 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).'.
(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
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-
`(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.
`(A) IN GENERAL- The Chief Operating Officer shall be paid at an
annual rate of basic pay equal to the annual rate of basic pay of the
Administrator. The Chief Operating Officer shall be subject to the
post-employment provisions of section 207 of title 18 as if this position
were described in section 207(c)(2)(A)(i) of that title.
`(B) BONUS- In addition to the annual rate of basic pay authorized by
subparagraph (A), the Chief Operating Officer may receive a bonus for any
calendar year not to exceed 30 percent of the annual rate of basic pay,
based upon the Administrator's evaluation of the Chief Operating Officer's
performance in relation to the performance goals set forth in the
performance agreement described paragraph (3).
`(3) ANNUAL PERFORMANCE AGREEMENT- The Administrator and the Chief
Operating Officer, in consultation with the Air Traffic Control Subcommittee
of the Aviation Management Advisory Committee, shall enter into an annual
performance agreement that sets forth measurable organization and individual
goals for the Chief Operating Officer in key operational areas. The
agreement shall be subject to review and renegotiation on an annual
basis.
`(4) ANNUAL PERFORMANCE REPORT- The Chief Operating Officer shall
prepare and transmit to the Secretary of Transportation and Congress an
annual management report containing such information as may be prescribed by
the Secretary.
`(5) RESPONSIBILITIES- The Administrator may delegate to the Chief
Operating Officer, or any other authority within the Administration
responsibilities, including the following:
`(A) STRATEGIC PLANS- To develop a strategic plan of the
Administration for the air traffic control system, including the
establishment of--
`(i) a mission and objectives;
`(ii) standards of performance relative to such mission and
objectives, including safety, efficiency, and productivity;
`(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.
`(i) develop a budget request of the Administration related to the
air traffic control system prepared by the Administrator;
`(ii) submit such budget request to the Administrator and the
Secretary of Transportation; and
`(iii) ensure that the budget request supports the annual and
long-range strategic plans developed under subparagraph (A) of this
subsection.'.
SEC. 304. PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC MODERNIZATION
PROJECTS.
(a) PURPOSE- It is the purpose of this section to improve aviation safety
and enhance mobility of the Nation's air transportation system by encouraging
non-Federal investment on a pilot program basis in critical air traffic
control facilities and equipment.
(b) IN GENERAL- Subject to the requirements of this section, the Secretary
shall carry out a pilot program under which the Secretary may make grants to
project sponsors for not more than 10 eligible projects.
(c) FEDERAL SHARE- The Federal share of the cost of an eligible project
carried out under the program shall not exceed 33 percent. The non-Federal
share of the cost of an eligible project shall be provided from non-Federal
sources, including revenues collected pursuant to section 40117 of title 49,
United States Code.
(d) LIMITATION ON GRANT AMOUNTS- No eligible project may receive more than
$15,000,000 under the program.
(e) FUNDING- The Secretary shall use amounts appropriated under section
48101(a) of title 49, United States Code, for fiscal years 2001 through 2003
to carry out the program.
(f) DEFINITIONS- In this section, the following definitions apply:
(1) ELIGIBLE PROJECT- The term `eligible project' means a project
relating to the Nation's air traffic control system that is certified or
approved by the Administrator and that promotes safety, efficiency, or
mobility. Such projects may include--
(A) airport-specific air traffic facilities and equipment, including
local area augmentation systems, instrument landings systems, weather and
wind shear detection equipment, lighting improvements, and control
towers;
(B) automation tools to effect improvements in airport capacity,
including passive final approach spacing tools and traffic management
advisory equipment; and
(C) facilities and equipment that enhance airspace control procedures,
including consolidation of terminal radar control facilities and
equipment, or assist in en route surveillance, including oceanic and
offshore flight tracking.
(2) PROJECT SPONSOR- The term `project sponsor' means a public-use
airport or a joint venture between a public-use airport and 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 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';
(A) by inserting `substantial and' before `material'; and
(B) by inserting `or' after the semicolon at the end; and
(4) by striking subclauses (II), (III), and (IV) and inserting the
following:
`(II) raise novel or significant legal or policy issues arising out
of legal mandates that may substantially and materially affect other
transportation modes.'.
SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE.
Section 106(f)(3)(A) is amended by adding at the end the following: `On
February 1 and August 1 of each year the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate a
letter listing each deadline the Administrator missed under this subparagraph
during the 6-month period ending on such date, including an explanation for
missing the deadline and a projected date on which the action that was subject
to the deadline will be taken.'.
SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.
(a) PERSONNEL MANAGEMENT SYSTEM- Section 40122 is amended by adding at the
end the following:
`(g) PERSONNEL MANAGEMENT SYSTEM-
`(1) IN GENERAL- In consultation with the employees of the
Administration and such non-governmental experts in personnel management
systems as he may employ, and notwithstanding the provisions of title 5 and
other Federal personnel laws, the Administrator shall develop and implement,
not later than January 1, 1996, a personnel management system for the
Administration that addresses the unique demands on the agency's workforce.
Such a new system shall, at a minimum, provide for greater flexibility in
the hiring, training, compensation, and location of personnel.
`(2) APPLICABILITY OF TITLE 5- The provisions of title 5 shall not apply
to the new personnel management system developed and implemented pursuant to
paragraph (1), with the exception of--
`(A) section 2302(b), relating to whistleblower protection, including
the provisions for investigation and enforcement as provided in chapter 12
of title 5;
`(B) sections 3308-3320, relating to veterans' preference;
`(C) chapter 71, relating to labor-management relations;
`(D) section 7204, relating to antidiscrimination;
`(E) chapter 73, relating to suitability, security, and
conduct;
`(F) chapter 81, relating to compensation for work injury;
`(G) chapters 83-85, 87, and 89, relating to retirement, unemployment
compensation, and insurance coverage; and
`(H) sections 1204, 1211-1218, 1221, and 7701-7703, relating to the
Merit Systems Protection Board.
`(3) APPEALS TO MERIT SYSTEMS PROTECTION BOARD- Under the new personnel
management system developed and implemented under paragraph (1), an employee
of the Administration may submit an appeal to the Merit Systems Protection
Board and may seek judicial review of any resulting final orders or
decisions of the Board from any action that was appealable to the Board
under any law, rule, or regulation as of March 31, 1996.
`(4) EFFECTIVE DATE- This subsection shall take effect on April 1,
1996.'.
(b) ACQUISITION MANAGEMENT SYSTEM- Section 40110 is amended by adding at
the end the following:
`(d) ACQUISITION MANAGEMENT SYSTEM-
`(1) IN GENERAL- In consultation with such non-governmental experts in
acquisition management systems as the Administrator may employ, and
notwithstanding provisions of Federal acquisition law, the Administrator
shall develop and implement, not later than January 1, 1996, an acquisition
management system for the Administration that addresses the unique needs of
the agency and, at a minimum, provides for more timely and cost-effective
acquisitions of equipment and materials.
`(2) APPLICABILITY OF FEDERAL ACQUISITION LAW- The following provisions
of Federal acquisition law shall not apply to the new acquisition management
system developed and implemented pursuant to paragraph (1):
`(A) Title III of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 252-266).
`(B) The Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.).
`(C) The Federal Acquisition Streamlining Act of 1994 (Public Law
103-355).
`(D) The Small Business Act (15 U.S.C. 631 et seq.), except that all
reasonable opportunities to be awarded contracts shall be provided to
small business concerns and small business concerns owned and controlled
by socially and economically disadvantaged individuals.
`(E) The Competition in Contracting Act.
`(F) Subchapter V of chapter 35 of title 31, relating to the
procurement protest system.
`(G) The Brooks Automatic Data Processing Act (40 U.S.C.
759).
`(H) The Federal Acquisition Regulation and any laws not listed in
subparagraphs (A) through (G) providing authority to promulgate
regulations in the Federal Acquisition Regulation.
`(3) CERTAIN PROVISIONS OF THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT-
Notwithstanding paragraph (2)(B), section 27 of the Office of Federal
Procurement Policy Act (41 U.S.C. 423) shall apply to the new acquisition
management system developed and implemented under paragraph (1) with the
following modifications:
`(A) Subsections (f) and (g) shall not apply.
`(B) Within 90 days after the date of 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.
`(C) After the adoption of those definitions, the criminal, civil, and
administrative remedies provided under the Office of Federal Procurement
Policy Act apply to the acquisition management system.
`(D) In the administration of the acquisition management system, the
Administrator may take adverse personnel action under section
27(e)(3)(A)(iv) of the Office of Federal Procurement Policy Act in
accordance with the procedures contained in the Administration's personnel
management system.
`(4) EFFECTIVE DATE- This subsection shall take effect on April 1,
1996.'.
(c) CONFORMING AMENDMENTS-
(1) SECTION 106- Section 106(l)(1) is amended by striking `section
40122(a) of this title and section 347 of Public Law 104-50' and inserting
`subsections (a) and (g) of section 40122'.
(2) SECTION 40121- Section 40121(c)(2) is amended by striking `section
348(b) of Public Law 104-50' and inserting `section 40110(d)(2) of this
title'.
(3) FEDERAL AVIATION REAUTHORIZATION ACT OF 1996- Section
274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization Act of 1996 (49
U.S.C. 40101 note) is amended by striking `sections 347 and 348 of Public
Law 104-50' and inserting `sections 40110(d) and 40122(g) of title 49,
United States Code'.
(d) REPEAL- Sections 347 and 348 of Public Law 104-50 (109 Stat. 460-461;
49 U.S.C. 106 note; 49 U.S.C. 40110 note) are repealed.
SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.
(a) MEDIATION- Section 40122(a)(2) is amended by adding at the end the
following: `The 60-day period shall not include any period during which
Congress has adjourned sine die.'.
(b) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS- Section 40122 (as amended
by section 307(a) of this Act) is further amended by adding at the end the
following:
`(h) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS- An employee of the
Federal Aviation Administration who is the subject of a major adverse
personnel action may contest the action either through any contractual
grievance procedure that is applicable to the employee as a member of the
collective bargaining unit or through the Administration's internal process
relating to review of major adverse personnel actions of the Administration,
known as Guaranteed Fair Treatment, or under section 40122(g)(3).
`(i) ELECTION OF FORUM- Where a major adverse personnel action may be
contested through more than one of the indicated forums (such as the
contractual grievance procedure, the Federal Aviation Administration's
internal process, or that of the Merit Systems Protection Board), an employee
must elect the forum through which the matter will be contested. Nothing in
this section is intended to allow an employee to contest an action through
more than one forum unless otherwise allowed by law.
`(j) DEFINITION- In this section, the term `major adverse personnel
action' means a suspension of more than 14 days, a reduction in pay or grade,
a removal for conduct or performance, a nondisciplinary removal, a furlough of
30 days or less (but not including placement in a nonpay status as the result
of a lapse of appropriations or an enactment by Congress), or a reduction in
force action.'.
SEC. 309. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.
(a) INDEPENDENT ASSESSMENT-
(1) IN GENERAL- The Inspector General of the Department of
Transportation shall conduct the assessments described in this section. To
conduct the assessments, the Inspector General may use the staff and
resources of the Inspector General or contract with one or more independent
entities.
(2) ASSESSMENT OF ADEQUACY AND ACCURACY OF FAA COST DATA AND
ATTRIBUTIONS-
(A) IN GENERAL- The Inspector General shall conduct an assessment to
ensure that the method for calculating the overall costs of the Federal
Aviation Administration and attributing such costs to specific users is
appropriate, reasonable, and understandable to the users.
(B) COMPONENTS- In conducting the assessment under this paragraph, the
Inspector General shall assess the following:
(i) The Administration's cost input data, including the reliability
of the Administration's source documents and the integrity and
reliability of the Administration's data collection process.
(ii) The Administration's system for tracking assets.
(iii) The Administration's bases for establishing asset values and
depreciation rates.
(iv) The Administration's system of internal controls for ensuring
the consistency and reliability of reported data.
(v) The Administration's definition of the services to which the
Administration ultimately attributes its costs.
(vi) The cost pools used by the Administration and the rationale for
and reliability of the bases which the Administration proposes to use in
allocating costs of services to users.
(C) REQUIREMENTS FOR ASSESSMENT OF COST POOLS- In carrying out
subparagraph (B)(vi), the Inspector General shall--
(i) review costs that cannot reliably be attributed to specific
Administration services or activities (called `common and fixed costs'
in the Administration Cost Allocation Study) and consider alternative
methods for allocating such costs; and
(ii) perform appropriate tests to assess relationships between costs
in the various cost pools and activities and services to which the costs
are attributed by the Administration.
(A) IN GENERAL- The Inspector General shall assess the progress of the
Administration in cost and performance management, including use of
internal and external benchmarking in improving the performance and
productivity of the Administration.
(B) ANNUAL REPORTS- Not later than December 31, 2000, and annually
thereafter until December 31, 2004, the Inspector General shall transmit
to Congress an updated report containing the results of the assessment
conducted under this paragraph.
(C) INFORMATION TO BE INCLUDED IN FAA FINANCIAL REPORT- The
Administrator shall include in the annual financial report of the
Administration information on the performance of the Administration
sufficient to permit users and others to make an informed evaluation of
the progress of the Administration in increasing productivity.
(b) FUNDING- There are authorized to be appropriated such sums as may be
necessary to carry out this section.
SEC. 310. ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT PROJECTS.
(a) STUDY- The Secretary shall conduct a study of Federal environmental
requirements related to the planning and approval of airport improvement
projects.
(b) CONTENTS- In conducting the study, the Secretary, at a minimum, shall
assess--
(1) the current level of coordination among Federal and State agencies
in conducting environmental reviews in the planning and approval of airport
improvement projects;
(2) the role of public involvement in the planning and approval of
airport improvement projects;
(3) the staffing and other resources associated with conducting such
environmental reviews; and
(4) the time line for conducting such environmental reviews.
(c) CONSULTATION- The Secretary shall conduct the study in consultation
with the Administrator, the heads of other appropriate Federal departments and
agencies, airport sponsors, the heads of State aviation agencies,
representatives of the design and construction industry, representatives of
employee organizations, and representatives of public interest groups.
(d) REPORT- Not later than 1 year after the date of 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 later than July 9, 2000, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives
a report on the cost allocation system currently under development by the
Federal Aviation Administration.
(b) CONTENTS- The report shall include a specific date for completion and
implementation of the cost allocation system throughout the Administration and
shall also include the timetable and plan for the implementation of a cost
management system.
SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.
The Administrator shall report to Congress on plans to modernize the
oceanic air traffic control system, including a budget for the program, a
determination of the requirements for modernization, and, if necessary, a
proposal to fund the program.
TITLE IV--FAMILY ASSISTANCE
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.
(a) PROHIBITION ON UNSOLICITED COMMUNICATIONS-
(1) IN GENERAL- Section 1136(g)(2) is amended--
(A) by striking `transportation,' and inserting `transportation and in
the event of an accident involving a foreign air carrier that occurs
within the United States,';
(B) by inserting after `attorney' the following: `(including any
associate, agent, employee, or other representative of an attorney)';
and
(C) by striking `30th day' and inserting `45th day'.
(2) ENFORCEMENT- Section 1151 is amended by inserting `1136(g)(2),'
before `or 1155(a)' each place it appears.
(b) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH AND COUNSELING
SERVICES- Section 1136(g) is amended by adding at the end the following:
`(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH AND COUNSELING
SERVICES- No State or political subdivision thereof may prevent the
employees, agents, or volunteers of an organization designated for an
accident under subsection (a)(2) from providing mental health and counseling
services under subsection (c)(1) in the 30-day period beginning on the date
of the accident. The director of family support services designated for the
accident under subsection (a)(1) may extend such period for not to exceed an
additional 30 days if the director determines that the extension is
necessary to meet the needs of the families and if State and local
authorities are notified of the determination.'.
(c) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSISTANCE COVERAGE-
Section 1136(h)(2) is amended to read as follows:
`(2) PASSENGER- The term `passenger' includes--
`(A) an employee of an air carrier or foreign air carrier aboard an
aircraft; and
`(B) any other person aboard the aircraft without regard to whether
the person paid for the transportation, occupied a seat, or held a
reservation for the flight.'.
(d) STATUTORY CONSTRUCTION- Section 1136 is amended by adding at the end
the following:
`(i) STATUTORY CONSTRUCTION- Nothing in this section may be construed as
limiting the actions that an air carrier may take, or the obligations that an
air carrier may have, in providing assistance to the families of passengers
involved in an aircraft accident.'.
SEC. 402. AIR CARRIER PLANS.
(1) FLIGHT RESERVATION INFORMATION- Section 41113(b) is amended by
adding at the end the following:
`(14) An assurance that, upon request of the family of a passenger, the
air carrier will inform the family of whether the passenger's name appeared
on a preliminary passenger manifest for the flight involved in the
accident.'.
(2) TRAINING OF EMPLOYEES AND AGENTS- Section 41113(b) is further
amended by adding at the end the following:
`(15) An assurance that the air carrier will provide adequate training
to the employees and agents of the carrier to meet the needs of survivors
and family members following an accident.'.
(3) CONSULTATION ON CARRIER RESPONSE NOT COVERED BY PLAN- Section
41113(b) is further amended by adding at the end the following:
`(16) An assurance that the air carrier, in the event that the air
carrier volunteers assistance to United States citizens within the United
States with respect to an aircraft accident outside the United States
involving major loss of life, the air carrier will consult with the Board
and the Department of State on the provision of the assistance.'.
(4) SUBMISSION OF UPDATED PLANS- The amendments made by paragraphs (1),
(2), and (3) shall take effect on the 180th day following the date of 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'.
(1) IN GENERAL- Section 41313(c) is amended by adding at the end the
following:
`(15) TRAINING OF EMPLOYEES AND AGENTS- An assurance that the foreign
air carrier will provide adequate training to the employees and agents of
the carrier to meet the needs of survivors and family members following an
accident.
`(16) CONSULTATION ON CARRIER RESPONSE NOT COVERED BY PLAN- An assurance
that the foreign air carrier, in the event that the foreign air carrier
volunteers assistance to United States citizens within the United States
with respect to an aircraft accident outside the United States involving
major loss of life, the foreign air carrier will consult with the Board and
the Department of State on the provision of the assistance.'.
(2) SUBMISSION OF UPDATED PLANS- The amendment made by paragraph (1)
shall take effect on the 180th day following the date of 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 DATE- The amendments made by subsections (a) and (b) shall
apply to any death occurring after July 16, 1996.
TITLE V--SAFETY
SEC. 501. AIRPLANE EMERGENCY LOCATORS.
(a) REQUIREMENT- Section 44712 is amended--
(1) in subsection (b) by striking `Subsection (a) of this section' and
inserting `Prior to January 1, 2002, subsection (a)';
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
`(c) NONAPPLICATION BEGINNING ON JANUARY 1, 2002-
`(1) IN GENERAL- Subject to paragraph (2), on and after January 1, 2002,
subsection (a) does not apply to--
`(A) aircraft when used in scheduled flights by scheduled air carriers
holding certificates issued by the Secretary of Transportation under
subpart II of this part;
`(B) aircraft when used in training operations conducted entirely
within a 50-mile radius of the airport from which the training operations
begin;
`(C) aircraft when used in flight operations related to the design and
testing, manufacture, preparation, and delivery of aircraft;
`(D) aircraft when used in research and development if the aircraft
holds a certificate from the Administrator of the Federal Aviation
Administration to carry out such research and development;
`(E) aircraft when used in showing compliance with regulations, crew
training, exhibition, air racing, or market surveys;
`(F) aircraft when used in the aerial application of a substance for
an agricultural purpose;
`(G) aircraft with a maximum payload capacity of more than 18,000
pounds when used in air transportation; or
`(H) aircraft equipped to carry only one individual.
`(2) DELAY IN IMPLEMENTATION- The Administrator of the Federal Aviation
Administration may continue to implement subsection (b) rather than
subsection (c) for a period not to exceed 2 years after January 1, 2002, if
the Administrator finds such action is necessary to promote--
`(A) a safe and orderly transition to the operation of civil aircraft
equipped with an emergency locator; or
`(B) other safety objectives.
`(d) COMPLIANCE- An aircraft meets the requirement of subsection (a) if it
is equipped with an emergency locator transmitter that transmits on the
121.5/243 megahertz frequency or the 406 megahertz frequency or with other
equipment approved by the Secretary for meeting the requirement of subsection
(a).'.
(b) REGULATIONS- The Secretary shall issue regulations to carry out
section 44712(c) of title 49, United States Code, as amended by this section,
not later than January 1, 2001.
SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.
Section 44716 is amended by adding at the end the following:
`(g) CARGO COLLISION AVOIDANCE SYSTEMS-
`(1) IN GENERAL- The Administrator shall require by regulation that, no
later than December 31, 2002, collision avoidance equipment be installed on
each cargo aircraft with a maximum certificated takeoff weight in excess of
15,000 kilograms.
`(2) EXTENSION OF DEADLINE- The Administrator may extend the deadline
established by paragraph (1) by not more than 2 years if the Administrator
finds that the extension is needed to promote--
`(A) a safe and orderly transition to the operation of a fleet of
cargo aircraft equipped with collision avoidance equipment; or
`(B) other safety or public interest objectives.
`(3) COLLISION AVOIDANCE EQUIPMENT DEFINED- In this subsection, the term
`collision avoidance equipment' means equipment that provides protection
from mid-air collisions using technology that provides--
`(A) cockpit-based collision detection and conflict resolution
guidance, including display of traffic; and
`(B) a margin of safety of at least the same level as provided by the
collision avoidance system known as TCAS-II.'.
SEC. 503. LANDFILLS INTERFERING WITH AIR COMMERCE.
(a) FINDINGS- Congress finds that--
(1) collisions between aircraft and birds have resulted in fatal
accidents;
(2) bird strikes pose a special danger to smaller aircraft;
(3) landfills near airports pose a potential hazard to aircraft
operating there because they attract birds;
(4) even if the landfill is not located in the approach path of the
airport's runway, it still poses a hazard because of the birds' ability to
fly away from the landfill and into the path of oncoming planes;
(5) while certain mileage limits have the potential to be arbitrary,
keeping landfills at least 6 miles away from an airport, especially an
airport served by small planes, is an appropriate minimum requirement for
aviation safety; and
(6) closure of existing landfills (due to concerns about aviation
safety) should be avoided because of the likely disruption to those who use
and depend on such landfills.
(b) LIMITATION ON CONSTRUCTION- Section 44718(d) is amended to read as
follows:
`(d) LIMITATION ON CONSTRUCTION OF LANDFILLS-
`(1) IN GENERAL- No person shall construct or establish a municipal
solid waste landfill (as defined in section 258.2 of title 40, Code of
Federal Regulations, as in effect on the date of 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:
`(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 the Federal Aviation
Administration may not issue a certificate under this chapter to any
person--
`(A) convicted in a court of law of a violation of a law of the United
States relating to the installation, production, repair, or sale of a
counterfeit or fraudulently-represented aviation part or material;
or
`(B) subject to a controlling or ownership interest of an individual
convicted of such a violation.
`(2) EXCEPTION- Notwithstanding paragraph (1), the Administrator may
issue a certificate under this chapter to a person described in paragraph
(1) if issuance of the certificate will facilitate law enforcement
efforts.
`(b) Revocation of Certificate-
`(1) IN GENERAL- Except as provided in subsections (f) and (g), the
Administrator shall issue an order revoking a certificate issued under this
chapter if the Administrator finds that the holder of the certificate or an
individual who has a controlling or ownership interest in the holder--
`(A) was convicted in a court of law of a violation of a law of the
United States relating to the installation, production, repair, or sale of
a counterfeit or fraudulently-represented aviation part or material;
or
`(B) knowingly, and with the intent to defraud, carried out or
facilitated an activity punishable under a law described in paragraph
(1)(A).
`(2) NO AUTHORITY TO REVIEW VIOLATION- In carrying out paragraph (1),
the Administrator may not review whether a person violated a law described
in paragraph (1)(A).
`(c) NOTICE REQUIREMENT- Before the Administrator revokes a certificate
under subsection (b), the Administrator shall--
`(1) advise the holder of the certificate of the reason for the
revocation; and
`(2) provide the holder of the certificate an opportunity to be heard on
why the certificate should not be revoked.
`(d) APPEAL- The provisions of section 44710(d) apply to the appeal of a
revocation order under subsection (b). For the purpose of applying that
section to the appeal, `person' shall be substituted for `individual' each
place it appears.
`(e) ACQUITTAL OR REVERSAL-
`(1) IN GENERAL- The Administrator may not revoke, and the National
Transportation Safety Board may not affirm a revocation of, a certificate
under subsection (b)(1)(B) if the holder of the certificate or the
individual referred to in subsection (b)(1) is acquitted of all charges
directly related to the violation.
`(2) REISSUANCE- The Administrator may reissue a certificate revoked
under subsection (b) of this section to the former holder if--
`(A) the former holder otherwise satisfies the requirements of this
chapter for the certificate; and
`(B)(i) the former holder or the individual referred to in subsection
(b)(1), is acquitted of all charges related to the violation on which the
revocation was based; or
`(ii) the conviction of the former holder or such individual of the
violation on which the revocation was based is reversed.
`(f) WAIVER- The Administrator may waive revocation of a certificate under
subsection (b) if--
`(1) a law enforcement official of the United States Government requests
a waiver; and
`(2) the waiver will facilitate law enforcement efforts.
`(g) AMENDMENT OF CERTIFICATE- If the holder of a certificate issued under
this chapter is other than an individual and the Administrator finds that--
`(1) an individual who had a controlling or ownership interest in the
holder committed a violation of a law for the violation of which a
certificate may be revoked under this section or knowingly, and with intent
to defraud, carried out or facilitated an activity punishable under such a
law; and
`(2) the holder satisfies the requirements for the certificate without
regard to that individual,
then the Administrator may amend the certificate to impose a limitation
that the certificate will not be valid if that individual has a controlling or
ownership interest in the holder. A decision by the Administrator under this
subsection is not reviewable by the Board.'.
(2) CONFORMING AMENDMENT- The analysis for such chapter is further
amended by adding at the end the following:
`44726. Denial and revocation of certificate for counterfeit parts
violations.'.
(b) PROHIBITION ON EMPLOYMENT- Section 44711 is amended by adding at the
end the following:
`(c) PROHIBITION ON EMPLOYMENT OF CONVICTED COUNTERFEIT PART TRAFFICKERS-
No person subject to this chapter may knowingly employ anyone to perform a
function related to the procurement, sale, production, or repair of a part or
material, or the installation of a part into a civil aircraft, who has been
convicted in a court of law of a violation of any Federal law relating to the
installation, production, repair, or sale of a counterfeit or
fraudulently-represented aviation part or material.'.
SEC. 506. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS IN
INTERSTATE OR FOREIGN COMMERCE.
(a) SHORT TITLE- This section may be cited as the `Aircraft Safety Act of
2000'.
(b) DEFINITIONS- Section 31 of title 18, United States Code, is amended by
striking all after the section heading and inserting the following:
`(a) DEFINITIONS- In this chapter, the following definitions apply:
`(1) AIRCRAFT- The term `aircraft' means a civil, military, or public
contrivance invented, used, or designed to navigate, fly, or travel in the
air.
`(2) AVIATION QUALITY- The term `aviation quality', with respect to a
part of an aircraft or space vehicle, means the quality of having been
manufactured, constructed, produced, maintained, repaired, overhauled,
rebuilt, reconditioned, or restored in conformity with applicable standards
specified by law (including applicable regulations).
`(3) DESTRUCTIVE SUBSTANCE- The term `destructive substance' means an
explosive substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or matter of a combustible,
contaminative, corrosive, or explosive nature.
`(4) IN FLIGHT- The term `in flight' means--
`(A) any time from the moment at which all the external doors of an
aircraft are closed following embarkation until the moment when any such
door is opened for disembarkation; and
`(B) in the case of a forced landing, until competent authorities take
over the responsibility for the aircraft and the persons and property on
board.
`(5) IN SERVICE- The term `in service' means--
`(A) any time from the beginning of preflight preparation of an
aircraft by ground personnel or by the crew for a specific flight until 24
hours after any landing; and
`(B) in any event includes the entire period during which the aircraft
is in flight.
`(6) MOTOR VEHICLE- The term `motor vehicle' means every description of
carriage or other contrivance propelled or drawn by mechanical power and
used for commercial purposes on the highways in the transportation of
passengers, passengers and property, or property or cargo.
`(7) PART- The term `part' means a frame, assembly, component,
appliance, engine, propeller, material, part, spare part, piece, section, or
related integral or auxiliary equipment.
`(8) SPACE VEHICLE- The term `space vehicle' means a man-made device,
either manned or unmanned, designed for operation beyond the Earth's
atmosphere.
`(9) STATE- The term `State' means a State of the United States, the
District of Columbia, and any commonwealth, territory, or possession of the
United States.
`(10) USED FOR COMMERCIAL PURPOSES- The term `used for commercial
purposes' means the carriage of persons or property for any fare, fee, rate,
charge or other consideration, or directly or indirectly in connection with
any business, or other undertaking intended for profit.
`(b) TERMS DEFINED IN OTHER LAW- In this chapter, the terms `aircraft
engine', `air navigation facility', `appliance', `civil aircraft', `foreign
air commerce', `interstate air commerce', `landing area', `overseas air
commerce', `propeller', `spare part', and `special aircraft jurisdiction of
the United States' have the meanings given those terms in sections 40102(a)
and 46501 of title 49.'.
(1) IN GENERAL- Chapter 2 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce
`(a) OFFENSES- Whoever, in or affecting interstate or foreign commerce,
knowingly and with the intent to defraud--
`(1)(A) falsifies or conceals a material fact concerning any aircraft or
space vehicle part;
`(B) makes any materially fraudulent representation concerning any
aircraft or space vehicle part; or
`(C) makes or uses any materially false writing, entry, certification,
document, record, data plate, label, or electronic communication concerning
any aircraft or space vehicle part;
`(2) exports from or imports or introduces into the United States,
sells, trades, installs on or in any aircraft or space vehicle any aircraft
or space vehicle part using or by means of a fraudulent representation,
document, record, certification, depiction, data plate, label, or electronic
communication; or
`(3) attempts or conspires to commit an offense described in paragraph
(1) or (2),
shall be punished as provided in subsection (b).
`(b) PENALTIES- The punishment for an offense under subsection (a) is as
follows:
`(1) AVIATION QUALITY- If the offense relates to the aviation quality of
a part and the part is installed in an aircraft or space vehicle, a fine of
not more than $500,000, imprisonment for not more than 15 years, or
both.
`(2) FAILURE TO OPERATE AS REPRESENTED- If, by reason of the failure of
the part to operate as represented, the part to which the offense is related
is the proximate cause of a malfunction or failure that results in serious
bodily injury (as defined in section 1365), a fine of not more than
$1,000,000, imprisonment for not more than 20 years, or both.
`(3) FAILURE RESULTING IN DEATH- If, by reason of the failure of the
part to operate as represented, the part to which the offense is related is
the proximate cause of a malfunction or failure that results in the death of
any person, a fine of not more than $1,000,000, imprisonment for any term of
years or life, or both.
`(4) OTHER CIRCUMSTANCES- In the case of an offense under subsection (a)
not described in paragraph (1), (2), or (3) of this subsection, a fine under
this title, imprisonment for not more than 10 years, or both.
`(5) ORGANIZATIONS- If the offense is committed by an organization, a
fine of not more than--
`(A) $10,000,000 in the case of an offense described in paragraph (1)
or (4); and
`(B) $20,000,000 in the case of an offense described in paragraph (2)
or (3).
`(1) IN GENERAL- The district courts of the United States shall have
jurisdiction to prevent and restrain violations of this section by issuing
appropriate orders, including--
`(A) ordering a person (convicted of an offense under this section) to
divest any interest, direct or indirect, in any enterprise used to commit
or facilitate the commission of the offense, or to destroy, or to mutilate
and sell as scrap, aircraft material or part inventories or
stocks;
`(B) imposing reasonable restrictions on the future activities or
investments of any such person, including prohibiting engagement in the
same type of endeavor as used to commit the offense; and
`(C) ordering the dissolution or reorganization of any enterprise
knowingly used to commit or facilitate the commission of an offense under
this section making due provisions for the rights and interests of
innocent persons.
`(2) RESTRAINING ORDERS AND PROHIBITION- Pending final determination of
a proceeding brought under this section, the court may enter such
restraining orders or prohibitions, or take such other actions (including
the acceptance of satisfactory performance bonds) as the court deems
proper.
`(3) ESTOPPEL- A final judgment rendered in favor of the United States
in any criminal proceeding brought under this section shall stop the
defendant from denying the essential allegations of the criminal offense in
any subsequent civil proceeding brought by the United States.
`(d) CRIMINAL FORFEITURE-
`(1) IN GENERAL- The court, in imposing sentence on any person convicted
of an offense under this section, shall order, in addition to any other
sentence and irrespective of any provision of State law, that the person
forfeit to the United States--
`(A) any property constituting, or derived from, any proceeds that the
person obtained, directly or indirectly, as a result of the offense;
and
`(B) any property used, or intended to be used in any manner, to
commit or facilitate the commission of the offense, if the court in its
discretion so determines, taking into consideration the nature, scope, and
proportionality of the use of the property on the offense.
`(2) APPLICATION OF OTHER LAW- The forfeiture of property under this
section, including any seizure and disposition of the property, and any
proceedings relating to the property, shall be governed by section 413 of
the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not
including subsection (d) of that section).
`(e) CONSTRUCTION WITH OTHER LAW- This section does not preempt or
displace any other remedy, civil or criminal, provided by Federal or State law
for the fraudulent importation, sale, trade, installation, or introduction
into commerce of an aircraft or space vehicle part.
`(f) TERRITORIAL SCOPE- This section also applies to conduct occurring
outside the United States if--
`(1) the offender is a natural person who is a citizen or permanent
resident alien of the United States, or an organization organized under the
laws of the United States or political subdivision thereof;
`(2) the aircraft or spacecraft part as to which the violation relates
was installed in an aircraft or space vehicle owned or operated at the time
of the offense by a citizen or permanent resident alien of the United
States, or by an organization thereof; or
`(3) an act in furtherance of the offense was committed in the United
States.'.
(2) CONFORMING AMENDMENTS-
(A) CHAPTER ANALYSIS- The analysis for chapter 2 of title 18, United
States Code, is amended by adding at the end the following:
`38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.'.
(B) WIRE AND ELECTRONIC COMMUNICATIONS- Section 2516(1)(c) of title
18, United States Code, is amended by inserting `section 38 (relating to
aircraft parts fraud),' after `section 32 (relating to destruction of
aircraft or aircraft facilities),'.
SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.
Section 46312 is amended--
(1) by inserting `(a) 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).';
(A) by striking `may' and inserting `shall'; and
(B) before the semicolon in subparagraph (A)(i) insert `and
disseminated under paragraph (15)';
(5) in paragraph (14)(B) by inserting `or from a foreign government or
entity that employed the individual' after `exists'; and
(6) by adding at the end the following:
`(15) ELECTRONIC ACCESS TO FAA RECORDS- For the purpose of increasing
timely and efficient access to Federal Aviation Administration records
described in paragraph (1), the Administrator may allow, under terms
established by the Administrator, an individual designated by the air
carrier to have electronic access to a specified database containing
information about such records. The terms shall limit such access to
instances in which information in the database is required by the designated
individual in making a hiring decision concerning a pilot applicant and
shall require that the designated individual provide assurances satisfactory
to the Administrator that information obtained using such access will not be
used for any purpose other than making the hiring decision.'.
SEC. 509. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR TRANSPORTATION
WITHOUT AN AIRMAN'S CERTIFICATE.
(a) IN GENERAL- Chapter 463 is amended by adding at the end the
following:
`Sec. 46317. Criminal penalty for pilots operating in air transportation
without an airman's certificate
`(a) GENERAL CRIMINAL PENALTY- An individual shall be fined under title 18
or imprisoned for not more than 3 years, or both, if that individual--
`(1) knowingly and willfully serves or attempts to serve in any capacity
as an airman operating an aircraft in air transportation without an airman's
certificate authorizing the individual to serve in that capacity; or
`(2) knowingly and willfully employs for service or uses in any capacity
as an airman to operate an aircraft in air transportation an individual who
does not have an airman's certificate authorizing the individual to serve in
that capacity.
`(b) CONTROLLED SUBSTANCE CRIMINAL PENALTY-
`(1) CONTROLLED SUBSTANCES DEFINED- In this subsection, the term
`controlled substance' has the meaning given that term in section 102 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
802).
`(2) CRIMINAL PENALTY- An individual violating subsection (a) shall be
fined under title 18 or imprisoned for not more than 5 years, or both, if
the violation is related to transporting a controlled substance by aircraft
or aiding or facilitating a controlled substance violation and that
transporting, aiding, or facilitating--
`(A) is punishable by death or imprisonment of more than 1 year under
a Federal or State law; or
`(B) is related to an act punishable by death or imprisonment for more
than 1 year under a Federal or State law related to a controlled substance
(except a law related to simple possession (as that term is used in
section 46306(c)) of a controlled substance).
`(3) TERMS OF IMPRISONMENT- A term of imprisonment imposed under
paragraph (2) shall be served in addition to, and not concurrently with, any
other term of imprisonment imposed on the individual subject to the
imprisonment.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 463 is amended by
adding at the end the following:
`46317. Criminal penalty for pilots operating in air transportation
without an airman's certificate.'.
SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.
Not later than 60 days after the date of 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.
SEC. 511. PENALTIES FOR UNRULY PASSENGERS.
(a) IN GENERAL- Chapter 463 (as amended by section 509 of this Act) is
further amended by adding at the end the following:
`Sec. 46318. Interference with cabin or flight crew
`(a) GENERAL RULE- An individual who physically assaults or threatens to
physically assault a member of the flight crew or cabin crew of a civil
aircraft or any other individual on the aircraft, or takes any action that
poses an imminent threat to the safety of the aircraft or other individuals on
the aircraft is liable to the United States Government for a civil penalty of
not more than $25,000.
`(b) COMPROMISE AND SETOFF-
`(1) COMPROMISE- The Secretary may compromise the amount of a civil
penalty imposed under this section.
`(2) SETOFF- The United States Government may deduct the amount of a
civil penalty imposed or compromised under this section from amounts the
Government owes the person liable for the penalty.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 463 is further amended
by adding at the end the following:
`46318. Interference with cabin or flight crew.'.
SEC. 512. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
(a) DEFINITIONS- In this section, the following definitions apply:
(1) AIRCRAFT- The term `aircraft' has the meaning given that term in
section 40102 of title 49, United States Code.
(2) AIR TRANSPORTATION- The term `air transportation' has the meaning
given that term in such section.
(3) PROGRAM- The term `program' means the program established under
subsection (b)(1)(A).
(b) ESTABLISHMENT OF A PROGRAM TO DEPUTIZE LOCAL LAW ENFORCEMENT
OFFICERS-
(1) IN GENERAL- The Attorney General may--
(A) establish a program under which the Attorney General may deputize
State and local law enforcement officers having jurisdiction over airports
and airport authorities as Deputy United States Marshals for the limited
purpose of enforcing Federal laws that regulate security on board
aircraft, including laws relating to violent, abusive, or disruptive
behavior by passengers in air transportation; and
(B) encourage the participation of law enforcement officers of State
and local governments in the program.
(2) CONSULTATION- In establishing the program, the Attorney General
shall consult with appropriate officials of--
(A) the United States Government (including the Administrator or a
designated representative of the Administrator); and
(B) State and local governments in any geographic area in which the
program may operate.
(3) TRAINING AND BACKGROUND OF LAW ENFORCEMENT OFFICERS-
(A) IN GENERAL- Under the program, to qualify to serve as a Deputy
United States Marshal under the program, a State or local law enforcement
officer shall--
(i) meet the minimum background and training requirements for a law
enforcement officer under part 107 of title 14, Code of Federal
Regulations (or equivalent requirements established by the Attorney
General); and
(ii) receive approval to participate in the program from the State
or local law enforcement agency that is the employer of that law
enforcement officer.
(B) TRAINING NOT FEDERAL RESPONSIBILITY- The United States Government
shall not be responsible for providing to a State or local law enforcement
officer the training required to meet the training requirements under
subparagraph (A)(i). Nothing in this subsection may be construed to grant
any such law enforcement officer the right to attend any institution of
the United States Government established to provide training to law
enforcement officers of the United States Government.
(c) POWERS AND STATUS OF DEPUTIZED LAW ENFORCEMENT OFFICERS-
(1) IN GENERAL- Subject to paragraph (2), a State or local law
enforcement officer that is deputized as a Deputy United States Marshal
under the program may arrest and apprehend an individual suspected of
violating any Federal law described in subsection (b)(1)(A), including any
individual who violates a provision subject to a civil penalty under section
46301 of title 49, United States Code, or section 46302, 46303, 46318,
46504, 46505, or 46507 of that title, or who commits an act described in
section 46506 of that title.
(2) LIMITATION- The powers granted to a State or local law enforcement
officer deputized under the program shall be limited to enforcing Federal
laws relating to security on board aircraft in flight.
(3) STATUS- A State or local law enforcement officer that is deputized
as a Deputy United States Marshal under the program shall not--
(A) be considered to be an employee of the United States Government;
or
(B) receive compensation from the United States Government by reason
of service as a Deputy United States Marshal under the program.
(d) STATUTORY CONSTRUCTION- Nothing in this section may be construed
to--
(1) grant a State or local law enforcement officer that is deputized
under the program the power to enforce any Federal law that is not described
in subsection (c); or
(2) limit the authority that a State or local law enforcement officer
may otherwise exercise in the officer's capacity under any other applicable
State or Federal law.
(e) REGULATIONS- The Attorney General may promulgate such regulations as
may be necessary to carry out this section.
(f) NOTIFICATION OF CONGRESS- Not later than 90 days after the date of 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, and Transportation of the Senate on whether or
not the Attorney General intends to establish the program authorized by this
section.
SEC. 513. AIR TRANSPORTATION OVERSIGHT SYSTEM.
(a) REPORT- Not later than August 1, 2000, the Administrator shall
transmit to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate a report on the progress of the Federal Aviation Administration in
implementing the air transportation oversight system, including in detail the
training of inspectors under the system, the number of inspectors using the
system, air carriers subject to the system, and the budget for the system.
(b) REQUIRED CONTENTS- At a minimum, the report shall indicate--
(1) any funding or staffing constraints that would adversely impact the
Administration's ability to continue to develop and implement the air
transportation oversight system;
(2) progress in integrating the aviation safety data derived from such
system's inspections with existing aviation data of the Administration in
the safety performance analysis system of the Administration; and
(3) the Administration's efforts in collaboration with the aviation
industry to develop and validate safety performance measures and appropriate
risk weightings for such system.
(c) UPDATE- Not later than August 1, 2002, the Administrator shall update
the report submitted under this section and transmit the updated report to the
committees referred to in subsection (a).
SEC. 514. RUNWAY SAFETY AREAS.
(a) ELIGIBILITY- Section 47102(3)(B) (as amended by section 122 of this
Act) is further amended by adding at the end the following:
`(ix) engineered materials arresting systems as described in the
Advisory Circular No. 150/5220-22 published by the Federal Aviation
Administration on August 21, 1998, including any revision to the
circular.'.
(b) SOLICITATION OF COMMENTS- Not later than 6 months after the date of
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 FOR ENGINEERED MATERIALS ARRESTING SYSTEMS- In making grants
under section 47104 of title 49, United States Code, for engineered materials
arresting systems, the Secretary shall require the sponsor to demonstrate that
the effects of jet blasts have been adequately considered.
(d) GRANTS FOR RUNWAY REHABILITATION- In any case in which an airport's
runways are constrained by physical conditions, the Secretary shall consider
alternative means for ensuring runway safety (other than a safety overrun
area) when prescribing conditions for grants for runway rehabilitation.
SEC. 515. PRECISION APPROACH PATH INDICATORS.
Not later than 6 months after the date of the enactment of this Act, the
Administrator shall solicit comments on the need for the installation of
precision approach path indicators.
SEC. 516. AIRCRAFT DISPATCHERS.
(a) STUDY- The Administrator shall conduct a study of the role of aircraft
dispatchers in enhancing aviation safety.
(b) CONTENTS- The study shall include an assessment of whether or not
aircraft dispatchers should be required for those operations not presently
requiring aircraft dispatcher assistance, operational control issues related
to the aircraft dispatching functions, and whether or not designation of
positions within the Federal Aviation Administration for oversight of
dispatchers would enhance aviation safety.
(c) REPORT- Not later than 1 year after the date of 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. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT MECHANICS.
The Administrator shall form a partnership with industry and labor to
develop a model program to improve the curricula, teaching methods, and
quality of instructors for training individuals that need certification as
airframe and powerplant mechanics.
SEC. 518. SMALL AIRPORT CERTIFICATION.
Not later than 60 days after the date of the enactment of this Act, the
Administrator shall issue a notice of proposed rulemaking on implementing
section 44706(a)(2) of title 49, United States Code, relating to issuance of
airport operating certificates for small scheduled passenger air carrier
operations. Not later than 1 year after the last day of the period for public
comment provided for in the notice of proposed rulemaking, the Administrator
shall issue a final rule on implementing such program.
SEC. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.
(a) GENERAL RULE- Chapter 421 is amended by adding at the end the
following:
`SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
`Sec. 42121. Protection of employees providing air safety information
`(a) DISCRIMINATION AGAINST AIRLINE EMPLOYEES- No air carrier or
contractor or subcontractor of an air carrier may discharge an employee or
otherwise discriminate against an employee with respect to compensation,
terms, conditions, or privileges of employment because the employee (or any
person acting pursuant to a request of the employee)--
`(1) provided, caused to be provided, or is about to provide (with any
knowledge of the employer) or cause to be provided to the employer or
Federal Government information relating to any violation or alleged
violation of any order, regulation, or standard of the Federal Aviation
Administration or any other provision of Federal law relating to air carrier
safety under this subtitle or any other law of the United States;
`(2) has filed, caused to be filed, or is about to file (with any
knowledge of the employer) or cause to be filed a proceeding relating to any
violation or alleged violation of any order, regulation, or standard of the
Federal Aviation Administration or any other provision of Federal law
relating to air carrier safety under this subtitle or any other law of the
United States;
`(3) testified or is about to testify in such a proceeding; or
`(4) assisted or participated or is about to assist or participate in
such a proceeding.
`(b) DEPARTMENT OF LABOR COMPLAINT PROCEDURE-
`(1) FILING AND NOTIFICATION- A person who believes that he or she has
been discharged or otherwise discriminated against by any person in
violation of subsection (a) may, not later than 90 days after the date on
which such violation occurs, file (or have any person file on his or her
behalf) a complaint with the Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary of Labor
shall notify, in writing, the person named in the complaint and the
Administrator of the Federal Aviation Administration of the filing of the
complaint, of the allegations contained in the complaint, of the substance
of evidence supporting the complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
`(2) INVESTIGATION; PRELIMINARY ORDER-
`(A) IN GENERAL- Not later than 60 days after the date of receipt of a
complaint filed under paragraph (1) and after affording the person named
in the complaint an opportunity to submit to the Secretary of Labor a
written response to the complaint and an opportunity to meet with a
representative of the Secretary to present statements from witnesses, the
Secretary of Labor shall conduct an investigation and determine whether
there is reasonable cause to believe that the complaint has merit and
notify, in writing, the complainant and the person alleged to have
committed a violation of subsection (a) of the Secretary's findings. If
the Secretary of Labor concludes that there is a reasonable cause to
believe that a violation of subsection (a) has occurred, the Secretary
shall accompany the Secretary's findings with a preliminary order
providing the relief prescribed by paragraph (3)(B). Not later than 30
days after the date of notification of findings under this paragraph,
either the person alleged to have committed the violation or the
complainant may file objections to the findings or preliminary order, or
both, and request a hearing on the record. The filing of such objections
shall not operate to stay any reinstatement remedy contained in the
preliminary order. Such hearings shall be conducted expeditiously. If a
hearing is not requested in such 30-day period, the preliminary order
shall be deemed a final order that is not subject to judicial
review.
`(i) REQUIRED SHOWING BY COMPLAINANT- The Secretary of Labor shall
dismiss a complaint filed under this subsection and shall not conduct an
investigation otherwise required under subparagraph (A) unless the
complainant makes a prima facie showing that any behavior described in
paragraphs (1) through (4) of subsection (a) was a contributing factor
in the unfavorable personnel action alleged in the
complaint.
`(ii) SHOWING BY EMPLOYER- Notwithstanding a finding by the
Secretary that the complainant has made the showing required under
clause (i), no investigation otherwise required under subparagraph (A)
shall be conducted if the employer demonstrates, by clear and convincing
evidence, that the employer would have taken the same unfavorable
personnel action in the absence of that behavior.
`(iii) CRITERIA FOR DETERMINATION BY SECRETARY- The Secretary may
determine that a violation of subsection (a) has occurred only if the
complainant demonstrates that any behavior described in paragraphs (1)
through (4) of subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the complaint.
`(iv) PROHIBITION- Relief may not be ordered under subparagraph (A)
if the employer demonstrates by clear and convincing evidence that the
employer would have taken the same unfavorable personnel action in the
absence of that behavior.
`(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS- Not later than 120
days after the date of conclusion of a hearing under paragraph (2), the
Secretary of Labor shall issue a final order providing the relief
prescribed by this paragraph or denying the complaint. At any time before
issuance of a final order, a proceeding under this subsection may be
terminated on the basis of a settlement agreement entered into by the
Secretary of Labor, the complainant, and the person alleged to have
committed the violation.
`(B) REMEDY- If, in response to a complaint filed under paragraph (1),
the Secretary of Labor determines that a violation of subsection (a) has
occurred, the Secretary of Labor shall order the person who committed such
violation to--
`(i) take affirmative action to abate the violation;
`(ii) reinstate the complainant to his or her former position
together with the compensation (including back pay) and restore the
terms, conditions, and privileges associated with his or her employment;
and
`(iii) provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary of
Labor, at the request of the complainant, shall assess against the person
against whom the order is issued a sum equal to the aggregate amount of
all costs and expenses (including attorneys' and expert witness fees)
reasonably incurred, as determined by the Secretary of Labor, by the
complainant for, or in connection with, the bringing the complaint upon
which the order was issued.
`(C) FRIVOLOUS COMPLAINTS- If the Secretary of Labor finds that a
complaint under paragraph (1) is frivolous or has been brought in bad
faith, the Secretary of Labor may award to the prevailing employer a
reasonable attorney's fee not exceeding $1,000.
`(A) APPEAL TO COURT OF APPEALS- Any person adversely affected or
aggrieved by an order issued under paragraph (3) may obtain review of the
order in the United States Court of Appeals for the circuit in which the
violation, with respect to which the order was issued, allegedly occurred
or the circuit in which the complainant resided on the date of such
violation. The petition for review must be filed not later than 60 days
after the date of the issuance of the final order of the Secretary of
Labor. Review shall conform to chapter 7 of title 5, United States Code.
The commencement of proceedings under this subparagraph shall not, unless
ordered by the court, operate as a stay of the order.
`(B) LIMITATION ON COLLATERAL ATTACK- An order of the Secretary of
Labor with respect to which review could have been obtained under
subparagraph (A) shall not be subject to judicial review in any criminal
or other civil proceeding.
`(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR- Whenever any person has
failed to comply with an order issued under paragraph (3), the Secretary of
Labor may file a civil action in the United States district court for the
district in which the violation was found to occur to enforce such order. In
actions brought under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including, but not limited to,
injunctive relief and compensatory damages.
`(6) ENFORCEMENT OF ORDER BY PARTIES-
`(A) COMMENCEMENT OF ACTION- A person on whose behalf an order was
issued under paragraph (3) may commence a civil action against the person
to whom such order was issued to require compliance with such order. The
appropriate United States district court shall have jurisdiction, without
regard to the amount in controversy or the citizenship of the parties, to
enforce such order.
`(B) ATTORNEY FEES- The court, in issuing any final order under this
paragraph, may award costs of litigation (including reasonable attorney
and expert witness fees) to any party whenever the court determines such
award is appropriate.
`(c) MANDAMUS- Any nondiscretionary duty imposed by this section shall be
enforceable in a mandamus proceeding brought under section 1361 of title 28,
United States Code.
`(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS- Subsection (a) shall not
apply with respect to an employee of an air carrier, contractor, or
subcontractor who, acting without direction from such air carrier, contractor,
or subcontractor (or such person's agent), deliberately causes a violation of
any requirement relating to air carrier safety under this subtitle or any
other law of the United States.
`(e) CONTRACTOR DEFINED- In this section, the term `contractor' means a
company that performs safety-sensitive functions by contract for an air
carrier.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 421 is amended by
adding at the end the following:
`SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
`42121. Protection of employees providing air safety
information.'.
(c) CIVIL PENALTY- Section 46301(a)(1)(A) is amended by striking
`subchapter II of chapter 421' and inserting `subchapter II or III of chapter
421'.
SEC. 520. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.
(a) STUDY- The Administrator shall conduct a study to determine the number
of persons working at airports who are injured or killed as a result of being
struck by a moving vehicle while on an airport tarmac, the seriousness of the
injuries to such persons, and whether or not reflective safety vests or other
actions should be required to enhance the safety of such workers.
(b) REPORT- Not later than 1 year after the date of 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. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.
Effective October 1, 2000, there are transferred to the Federal Aviation
Administration and vested in the Administrator the functions, powers, and
duties of the Secretary of Commerce and other officers of the Department of
Commerce that relate to the Office of Aeronautical Charting and Cartography
and are set forth in section 44721 of title 49, United States Code.
SEC. 602. TRANSFER OF OFFICE, PERSONNEL, AND FUNDS.
(a) TRANSFER OF OFFICE- Effective October 1, 2000, the Office of
Aeronautical Charting and Cartography of the National Oceanic and Atmospheric
Administration, Department of Commerce, is transferred to the Federal Aviation
Administration.
(b) OTHER TRANSFERS- Effective October 1, 2000, the personnel employed in
connection with, and the assets, liabilities, contracts, property, equipment,
facilities, records, and unexpended balance of appropriations, and other funds
employed, held, used, arising from, available to, or to be made available in
connection with the function and offices, or portions of offices, transferred
by this title, including all Senior Executive Service positions, subject to
section 1531 of title 31, United States Code, are transferred to the
Administrator of the Federal Aviation Administration for appropriate
allocation. Personnel employed in connection with functions transferred by
this title transfer under any applicable law and regulation relating to
transfer of functions. Unexpended funds transferred under this section shall
be used only for the purposes for which the funds were originally authorized
and appropriated, except that funds may be used for expenses associated with
the transfer authorized by this title.
SEC. 603. AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) IN GENERAL- Section 44721 is amended to read as follows:
`Sec. 44721. Aeronautical charts and related products and services
`(1) IN GENERAL- The Administrator of the Federal Aviation
Administration may arrange for the publication of aeronautical maps and
charts necessary for the safe and efficient movement of aircraft in air
navigation, using the facilities and assistance of departments, agencies,
and instrumentalities of the United States Government as far as
practicable.
`(2) NAVIGATION ROUTES- In carrying out paragraph (1), the Administrator
shall update and arrange for the publication of clearly defined routes for
navigating through a complex terminal airspace area and to and from an
airport located in such an area, if the Administrator decides that
publication of the routes would promote safety in air navigation. The routes
shall be developed in consultation with pilots and other users of affected
airports and shall be for the optional use of pilots operating under visual
flight rules.
`(b) INDEMNIFICATION- The Government shall make an agreement to indemnify
any person that publishes a map or chart for use in aeronautics from any part
of a claim arising out of the depiction by the person on the map or chart of a
defective or deficient flight procedure or airway if the flight procedure or
airway was--
`(1) prescribed by the Administrator;
`(2) depicted accurately on the map or chart; and
`(3) not obviously defective or deficient.
`(c) AUTHORITY OF OFFICE OF AERONAUTICAL CHARTING AND CARTOGRAPHY-
Effective October 1, 2000, the Administrator is vested with and shall exercise
the functions, powers, and duties of the Secretary of Commerce and other
officers of the Department of Commerce that relate to the Office of
Aeronautical Charting and Cartography to provide aeronautical charts and
related products and services for the safe and efficient navigation of air
commerce, under the following authorities:
`(1) Sections 1 through 9 of the Act entitled `An Act to define the
functions and duties of the Coast and Geodetic Survey, and for other
purposes', approved August 6, 1947, (33 U.S.C. 883a-883h).
`(2) Section 6082 of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (33 U.S.C. 883j).
`(3) Section 1307 of title 44, United States Code.
`(4) The provision of title II of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1995
under the heading `National Oceanic and Atmospheric Administration' relating
to aeronautical charts (44 U.S.C. 1307 note).
`(d) AUTHORITY- In order that full public benefit may be derived from the
dissemination of data resulting from activities under this section and of
related data from other sources, the Administrator may--
`(1) develop, process, disseminate and publish digital and analog data,
information, compilations, and reports;
`(2) compile, print, and disseminate aeronautical charts and related
products and services of the United States and its territories and
possessions;
`(3) compile, print, and disseminate aeronautical charts and related
products and services covering international airspace as are required
primarily by United States civil aviation; and
`(4) compile, print, and disseminate nonaeronautical navigational,
transportation or public-safety-related products and services when in the
best interests of the Government.
`(e) CONTRACTS, COOPERATIVE AGREEMENTS, GRANTS, AND OTHER AGREEMENTS-
`(1) CONTRACTS- The Administrator is authorized to contract with
qualified organizations for the performance of any part of the authorized
functions of the Office of Aeronautical Charting and Cartography when the
Administrator deems such procedure to be in the public interest and will not
compromise public safety.
`(2) COOPERATIVE AGREEMENTS, GRANTS, AND OTHER AGREEMENTS- The
Administrator is authorized to enter into cooperative agreements, grants,
reimbursable agreements, memoranda of understanding and other agreements,
with a State, subdivision of a State, Federal agency, public or private
organization, or individual, to carry out the purposes of this
section.
`(f) SPECIAL SERVICES AND PRODUCTS-
`(1) IN GENERAL- The Administrator is authorized, at the request of a
State, subdivision of a State, Federal agency, public or private
organization, or individual, to conduct special services, including making
special studies, or developing special publications or products on matters
relating to navigation, transportation, or public safety.
`(2) FEES- The Administrator shall assess a fee for any special service
provided under paragraph (1). A fee shall be not more than the actual or
estimated full cost of the service. A fee may be reduced or waived for
research organizations, educational organizations, or non-profit
organizations, when the Administrator determines that reduction or waiver of
the fee is in the best interest of the Government by furthering public
safety.
`(g) SALE AND DISSEMINATION OF AERONAUTICAL PRODUCTS-
`(1) IN GENERAL- Aeronautical products created or maintained under the
authority of this section shall be sold at prices established annually by
the Administrator consistent with the following:
`(A) MAXIMUM PRICE- Subject to subparagraph (B), the price of an
aeronautical product sold to the public shall be not more than necessary
to recover all costs attributable to: (i) data base management and
processing; (ii) compilation; (iii) printing or other types of
reproduction; and (iv) dissemination of the product.
`(B) ADJUSTMENT OF PRICE- The Administrator shall adjust the price of
an aeronautical product and service sold to the public as necessary to
avoid any adverse impact on aviation safety attributable to the price
specified under this paragraph.
`(C) COSTS ATTRIBUTABLE TO ACQUISITION OF AERONAUTICAL DATA- A price
established under this paragraph may not include costs attributable to the
acquisition of aeronautical data.
`(2) PUBLICATION OF PRICES- The Administrator shall publish annually the
prices at which aeronautical products are sold to the public.
`(3) DISTRIBUTION- The Administrator may distribute aeronautical
products and provide aeronautical services--
`(A) without charge to each foreign government or international
organization with which the Administrator or a Federal department or
agency has an agreement for exchange of these products or services without
cost;
`(B) at prices the Administrator establishes, to the departments and
officers of the United States requiring them for official use;
and
`(C) at reduced or no charge where, in the judgment of the
Administrator, furnishing the aeronautical product or service to a
recipient is a reasonable exchange for voluntary contribution of
information by the recipient to the activities under this
section.
`(4) FEES- The fees provided for in this subsection are for the purpose
of reimbursing the Government for the costs of creating, printing and
disseminating aeronautical products and services under this section. The
collection of fees authorized by this section does not alter or expand any
duty or liability of the Government under existing law for the performance
of functions for which fees are collected, nor does the collection of fees
constitute an express or implied undertaking by the Government to perform
any activity in a certain manner.'.
(b) CONFORMING AMENDMENT- The chapter analysis of chapter 447 is amended
by striking the item relating to section 44721 and inserting the following:
`44721. Aeronautical charts and related products and services.'.
SEC. 604. SAVINGS PROVISION.
(a) CONTINUED EFFECTIVENESS OF DIRECTIVES- All orders, determinations,
rules, regulations, permits, contracts, certificates, licenses, privileges,
and financial assistance that--
(1) have been issued, made, granted, or allowed to become effective by
the President of the United States, the Secretary of Commerce, the
Administrator of the National Oceanic and Atmospheric Administration, any
Federal agency or official thereof, or by a court of competent jurisdiction,
in the performance of functions which are transferred by this title;
and
(2) are in effect on the date of transfer,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by the
President of the United States, the Administrator of the Federal Aviation
Administration, a court of competent jurisdiction, or by operation of law.
(b) CONTINUED EFFECTIVENESS OF PENDING ACTIONS-
(1) IN GENERAL- The provisions of this title shall not affect any
proceedings, including notices of proposed rulemaking, or any application
for any license, permit, certificate, or financial assistance pending on the
date of transfer before the Department of Commerce or the National Oceanic
and Atmospheric Administration, or any officer of such Department or
Administration, with respect to functions transferred by this title, but
such proceedings or applications, to the extent that they relate to
functions transferred, shall be continued in accord with transition
guidelines promulgated by the Administrator of the Federal Aviation
Administration under the authority of this section. Orders issued in any
such proceedings shall continue in effect until modified, terminated,
superseded, or revoked by the Administrator of the Federal Aviation
Administration, by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection prohibits the discontinuance or modification
of any such proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or modified if this
title had not been enacted.
(2) TRANSITION GUIDELINES- The Secretary of Commerce, the Administrator
of the National Oceanic and Atmospheric Administration, and the
Administrator of the Federal Aviation Administration are authorized to issue
transition guidelines providing for the orderly transfer of proceedings and
otherwise to accomplish the orderly transfer of functions, personnel and
property under this title.
(c) CONTINUED EFFECTIVENESS OF JUDICIAL ACTIONS- No cause of action by or
against the Department of Commerce or the National Oceanic and Atmospheric
Administration with respect to functions transferred by this title, or by or
against any officer thereof in the official's capacity, shall abate by reason
of the enactment of this title. Causes of action and actions with respect to a
function or office transferred by this title, or other proceedings may be
asserted by or against the United States or an official of the Federal
Aviation Administration, as may be appropriate, and, in an action pending when
this title takes effect, the court may at any time, on its own motion or that
of any party, enter an order that will give effect to the provisions of this
subsection.
(d) SUBSTITUTION OR ADDITION OF PARTIES TO JUDICIAL ACTIONS- If, on the
date of transfer, the Department of Commerce or the National Oceanic and
Atmospheric Administration, or any officer of the Department or Administration
in an official capacity, is a party to an action, and under this title any
function relating to the action of the Department, Administration, or officer
is transferred to the Federal Aviation Administration, then such action shall
be continued with the Administrator of the Federal Aviation Administration
substituted or added as a party.
(e) CONTINUED JURISDICTION OVER ACTIONS TRANSFERRED- Orders and actions of
the Administrator of the Federal Aviation Administration in the exercise of
functions transferred by this title shall be subject to judicial review to the
same extent and in the same manner as if such orders and actions had been by
the Department of Commerce or the National Oceanic and Atmospheric
Administration, or any office or officer of such Department or Administration,
in the exercise of such functions immediately preceding their transfer.
(f) LIABILITIES AND OBLIGATIONS- The Administrator of the Federal Aviation
Administration shall assume all liabilities and obligations (tangible and
incorporeal, present and executory) associated with the functions transferred
under this title on the date of transfer, including leases, permits, licenses,
contracts, agreements, claims, tariffs, accounts receivable, accounts payable,
financial assistance, and litigation relating to such obligations, regardless
whether judgment has been entered, damages awarded, or appeal taken.
SEC. 605. NATIONAL OCEAN SURVEY.
(a) CHARTS AND PUBLICATIONS- Section 2 of the Act entitled `An Act to
define the functions and duties of the Coast and Geodetic Survey, and for
other purposes', approved August 6, 1947 (33 U.S.C. 883b), is amended--
(1) by striking paragraphs (3) and (5), and redesignating paragraphs (4)
and (6) as paragraphs (3) and (4), respectively;
(2) by striking `charts of the United States, its Territories, and
possessions;' in paragraph (3), as redesignated, and inserting `charts;';
and
(3) by striking `publications for the United States, its Territories,
and possessions' in paragraph (4), as redesignated, and inserting
`publications'.
(b) COOPERATIVE AND OTHER AGREEMENTS- Section 5(1) of such Act (33 U.S.C.
883e(1)) is amended--
(1) by striking `cooperative agreements' and inserting `cooperative
agreements, or any other agreements,'; and
(2) in paragraph (2) by striking `cooperative'.
SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL PRODUCTS BY
NOAA.
(a) IN GENERAL- Section 1307 of title 44, United States Code, is
amended--
(1) in the section heading by striking `and aeronautical';
and
(2) by striking `and aeronautical' and `or aeronautical' each place they
appear.
(b) PRICES- Section 1307(a)(2)(B) of such title is amended by striking
`aviation and'.
(c) FEES- Section 1307(d) of such title 44 is amended by striking
`aeronautical and'.
(d) CONFORMING AMENDMENT- The analysis for chapter 13 of title 44, United
States Code, is amended in the item relating to section 1307 by striking `and
aeronautical'.
SEC. 607. PROCUREMENT OF PRIVATE ENTERPRISE MAPPING, CHARTING, AND
GEOGRAPHIC INFORMATION SYSTEMS.
The Administrator shall consider procuring mapping, charting, and
geographic information systems necessary to carry out the duties of the
Administrator under title 49, United States Code, from private enterprises, if
the Administrator determines that such procurement furthers the mission of the
Federal Aviation Administration and is cost effective.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.
Section 106(g)(1)(A) is amended by striking `40113(a), (c), and (d),' and
all that follows through `45302-45304,' and inserting `40113(a), 40113(c),
40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections
44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510,
44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b),
44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections
44903(d), 44904, 44905, 44907-44911, 44913, 44915, and 44931-44934), chapter
451, chapter 453, sections'.
SEC. 702. PUBLIC AIRCRAFT.
(a) DEFINITION OF PUBLIC AIRCRAFT- Section 40102(a)(37) is amended to read
as follows:
`(37) `public aircraft' means any of the following:
`(A) Except with respect to an aircraft described in subparagraph (E),
an aircraft used only for the United States Government, except as provided
in section 40125(b).
`(B) An aircraft owned by the Government and operated by any person
for purposes related to crew training, equipment development, or
demonstration, except as provided in section 40125(b).
`(C) An aircraft owned and operated by the government of a State, the
District of Columbia, or a territory or possession of the United States or
a political subdivision of one of these governments, except as provided in
section 40125(b).
`(D) An aircraft exclusively leased for at least 90 continuous days by
the government of a State, the District of Columbia, or a territory or
possession of the United States or a political subdivision of one of these
governments, except as provided in section 40125(b).
`(E) An aircraft owned or operated by the armed forces or chartered to
provide transportation to the armed forces under the conditions specified
by section 40125(c).'.
(b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS-
(1) IN GENERAL- Chapter 401 is further amended by adding at the end the
following:
`Sec. 40125. Qualifications for public aircraft status
`(a) DEFINITIONS- In this section, the following definitions apply:
`(1) COMMERCIAL PURPOSES- The term `commercial purposes' means the
transportation of persons or property for compensation or hire, but does not
include the operation of an aircraft by the armed forces for reimbursement
when that reimbursement is required by any Federal statute, regulation, or
directive, in effect on November 1, 1999, or by one government on behalf of
another government under a cost reimbursement agreement if the government on
whose behalf the operation is conducted certifies to the Administrator of
the Federal Aviation Administration that the operation is necessary to
respond to a significant and imminent threat to life or property (including
natural resources) and that no service by a private operator is reasonably
available to meet the threat.
`(2) GOVERNMENTAL FUNCTION- The term `governmental function' means an
activity undertaken by a government, such as national defense, intelligence
missions, firefighting, search and rescue, law enforcement (including
transport of prisoners, detainees, and illegal aliens), aeronautical
research, or biological or geological resource management.
`(3) QUALIFIED NON-CREWMEMBER- The term `qualified non-crewmember' means
an individual, other than a member of the crew, aboard an aircraft--
`(A) operated by the armed forces or an intelligence agency of the
United States Government; or
`(B) whose presence is required to perform, or is associated with the
performance of, a governmental function.
`(4) ARMED FORCES- The term `armed forces' has the meaning given such
term by section 101 of title 10.
`(b) AIRCRAFT OWNED BY GOVERNMENTS- An aircraft described in subparagraph
(A), (B), (C), or (D) of section 40102(a)(37) does not qualify as a public
aircraft under such section when the aircraft is used for commercial purposes
or to carry an individual other than a crewmember or a qualified
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 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 (1) shall not apply to any portion of a
proposal of an offeror the disclosure of which is authorized by the
Administrator pursuant to procedures published in the Federal Register. The
Administrator shall provide an opportunity for public comment on the
procedures for a period of not less than 30 days beginning on the date of
such publication in order to receive and consider the views of all
interested parties on the procedures. The procedures shall not take effect
before the 60th day following the date of such publication.
`(3) PROPOSAL DEFINED- In this subsection, the term `proposal' means
information contained in or originating from any proposal, including a
technical, management, or cost proposal, submitted by an offeror in response
to the requirements of a solicitation for a competitive proposal.'.
SEC. 704. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.
(a) IN GENERAL- The Administrator may carry out a pilot program in fiscal
years 2001 through 2003 to test and evaluate the benefits of long-term
contracts for the leasing of aviation equipment and facilities.
(b) PERIOD OF CONTRACTS- Notwithstanding any other provision of law, the
Administrator may enter into a contract under the program to lease aviation
equipment or facilities for a period of greater than 5 years.
(c) NUMBER OF CONTRACTS- The Administrator may not enter into more that 10
contracts under the program.
(d) TYPES OF CONTRACTS- The contracts to be evaluated under the program
may include contracts for telecommunication services that are provided through
the use of a satellite, requirements related to oceanic and air traffic
control, air-to-ground radio communications, and air traffic control tower
construction.
SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING FISCAL
YEARS.
(a) IN GENERAL- Chapter 401 (as amended by section 702(b) of this Act) is
further amended by adding at the end the following:
`Sec. 40126. Severable services contracts for periods crossing fiscal
years
`(a) IN GENERAL- The Administrator of the Federal Aviation Administration
may enter into a contract for procurement of severable services for a period
that begins in 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 discrimination on the basis
of race, color, national origin, religion, sex, or ancestry.
`(b) USE OF PRIVATE AIRPORTS- Notwithstanding any other provision of law,
no State or local government may prohibit the use or full enjoyment of a
private airport within its jurisdiction by any person on the basis of that
person's race, color, national origin, religion, sex, or ancestry.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 401 is further amended
by adding at the end the following:
`40127. Prohibitions on discrimination.'.
SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS.
(a) IN GENERAL- Section 41705 is amended--
(1) by inserting `(a) IN GENERAL- ' before `In providing';
(2) by striking `carrier' and inserting `carrier, including (subject to
section 40105(b)) any foreign air carrier,'; and
(3) by adding at the end the following:
`(b) EACH ACT CONSTITUTES SEPARATE OFFENSE- For purposes of section
46301(a)(3)(E), a separate violation occurs under this section for each
individual act of discrimination prohibited by subsection (a).
`(c) INVESTIGATION OF COMPLAINTS-
`(1) IN GENERAL- The Secretary shall investigate each complaint of a
violation of subsection (a).
`(2) PUBLICATION OF DATA- The Secretary shall publish disability-related
complaint data in a manner comparable to other consumer complaint
data.
`(3) REVIEW AND REPORT- The Secretary shall regularly review all
complaints received by air carriers alleging discrimination on the basis of
disability and shall report annually to Congress on the results of such
review.
`(4) TECHNICAL ASSISTANCE- Not later than 180 days after the date of 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 OF HIGHER INTERNATIONAL STANDARDS- The Secretary shall
work with appropriate international organizations and the aviation authorities
of other nations to bring about the establishment of higher standards for
accommodating handicapped passengers in air transportation, particularly with
respect to foreign air carriers that code-share with air carriers.
SEC. 708. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.
(a) IN GENERAL- Section 41706 is amended to read as follows:
`Sec. 41706. Prohibitions against smoking on scheduled flights
`(a) SMOKING PROHIBITION IN INTRASTATE AND INTERSTATE AIR TRANSPORTATION-
An individual may not smoke in an aircraft in scheduled passenger interstate
air transportation or scheduled passenger intrastate air transportation.
`(b) SMOKING PROHIBITION IN FOREIGN AIR TRANSPORTATION- The Secretary of
Transportation shall require all air carriers and foreign air carriers to
prohibit smoking in any aircraft in scheduled passenger foreign air
transportation.
`(c) LIMITATION ON APPLICABILITY-
`(1) IN GENERAL- If a foreign government objects to the application of
subsection (b) on the basis that subsection (b) provides for an
extraterritorial application of the laws of the United States, the Secretary
shall waive the application of subsection (b) to a foreign air carrier
licensed by that foreign government at such time as an alternative
prohibition negotiated under paragraph (2) becomes effective and is enforced
by the Secretary.
`(2) ALTERNATIVE PROHIBITION- If, pursuant to paragraph (1), a foreign
government objects to the prohibition under subsection (b), the Secretary
shall enter into bilateral negotiations with the objecting foreign
government to provide for an alternative smoking prohibition.
`(d) REGULATIONS- The Secretary shall prescribe such regulations as are
necessary to carry out this section.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on the date that is 60 days after the date of 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.
`(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;
`(B) in deviating from standard operating procedures, including
inappropriate responses to emergencies and hazardous weather;
`(C) in awareness of altitude and location relative to terrain to
prevent controlled flight into terrain; and
`(D) in landing and approaches, including nonprecision approaches and
go-around procedures.
`(b) TEST PROGRAM- The Administrator shall establish a test program in
cooperation with air carriers to use model Jeppesen approach plates or other
similar tools to improve precision-like landing approaches for aircraft.
`(c) REPORT- Not later than 1 year after the date of 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 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.
`(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:
`(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 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-
`(1) IN GENERAL- When a person files an appeal with the Board under
subsection (d), the order of the Administrator is stayed.
`(2) EXCEPTION- Notwithstanding paragraph (1), the order of the
Administrator is effective immediately if the Administrator advises the
Board that an emergency exists and safety in air commerce or air
transportation requires the order to be effective immediately.
`(3) REVIEW OF EMERGENCY ORDER- A person affected by the immediate
effectiveness of the Administrator's order under paragraph (2) may petition
for a review by the Board, under procedures promulgated by the Board, of the
Administrator's determination that an emergency exists. Any such review
shall be requested not later than 48 hours after the order is received by
the person. If the Board finds that an emergency does not exist that
requires the immediate application of the order in the interest of safety in
air commerce or air transportation, the order shall be stayed,
notwithstanding paragraph (2). The Board shall dispose of a review request
under this paragraph not later than 5 days after the date on which the
request is filed.
`(4) FINAL DISPOSITION- The Board shall make a final disposition of an
appeal under subsection (d) not later than 60 days after the date on which
the appeal is filed.'.
SEC. 717. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding at the end the following:
`(f) GOVERNMENT AND INDUSTRY CONSORTIA- The Administrator may establish at
airports such consortia of government and aviation industry representatives as
the Administrator may designate to provide advice on matters related to
aviation security and safety. Such consortia shall not be considered Federal
advisory committees for purposes of the Federal Advisory Committee Act (5
U.S.C. App.).'.
SEC. 718. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking `shall' and inserting
`should'.
SEC. 719. COST RECOVERY FOR FOREIGN AVIATION SERVICES.
Section 45301 is amended--
(1) by striking subsection (a)(2) and inserting the following:
`(2) Services (other than air traffic control services) provided to a
foreign government or services provided to any entity obtaining services
outside the United States, except that the Administrator shall not impose
fees in any manner for production-certification related service performed
outside the United States pertaining to aeronautical products manufactured
outside the United States.'; and
(2) by adding at the end the following:
`(d) PRODUCTION-CERTIFICATION RELATED SERVICE DEFINED- In this section,
the term `production-certification related service' has the meaning given that
term in appendix C of part 187 of title 14, Code of Federal Regulations.'.
SEC. 720. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.
Section 46301 is amended--
(1) in subsection (a)(1)(A) by striking `46302, 46303, or';
(2) in subsection (d)(7)(A) by striking `an individual' the first place
it appears and inserting `a person'; and
(3) in subsection (g) by inserting `or the Administrator' after
`Secretary'.
SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.
(a) REPEAL- Section 231 of H.R. 3425 of the 106th Congress, as enacted
into law by section 1000(a)(5) of Public Law 106-113, is repealed and the
provisions of law amended by such section shall be read as if such section had
not been enacted into law.
(b) EXEMPTION FOR AIRCRAFT MODIFICATION OR DISPOSAL, SCHEDULED HEAVY
MAINTENANCE, OR LEASING-RELATED FLIGHTS- Section 47528 is amended--
(1) in subsection (a) by striking `subsection (b)' and inserting
`subsection (b) or (f)';
(2) in subsection (e) by adding at the end the following:
`(4) An air carrier operating stage 2 aircraft under this subsection may
transport stage 2 aircraft to or from the 48 contiguous States on a nonrevenue
basis in order--
`(A) to perform maintenance (including major alterations) or
preventative maintenance on aircraft operated, or to be operated, within the
limitations of paragraph (2)(B); or
`(B) conduct operations within the limitations of paragraph (2)(B).';
and
(3) by adding at the end the following:
`(f) AIRCRAFT MODIFICATION, DISPOSAL, SCHEDULED HEAVY MAINTENANCE, OR
LEASING-
`(1) IN GENERAL- The Secretary shall permit a person to operate after
December 31, 1999, a stage 2 aircraft in nonrevenue service through the
airspace of the United States or to or from an airport in the contiguous 48
States in order to--
`(A) sell, lease, or use the aircraft outside the contiguous 48
States;
`(C) obtain modifications to the aircraft to meet stage 3 noise
levels;
`(D) perform scheduled heavy maintenance or significant modifications
on the aircraft at a maintenance facility located in the contiguous 48
States;
`(E) deliver the aircraft to an operator leasing the aircraft from the
owner or return the aircraft to the lessor;
`(F) prepare or park or store the aircraft in anticipation of any of
the activities described in subparagraphs (A) through (E); or
`(G) divert the aircraft to an alternative airport in the contiguous
48 States on account of weather, mechanical, fuel, air traffic control, or
other safety reasons while conducting a flight in order to perform any of
the activities described in subparagraphs (A) through (F).
`(2) PROCEDURE TO BE PUBLISHED- Not later than 30 days after the date of
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 determinations made by
the Federal Aviation Administration, or to be made by the Administration with
respect to applications under part 161 of title 14, Code of Federal
Regulations, that were pending on November 1, 1999.'.
(c) NOISE STANDARDS FOR EXPERIMENTAL AIRCRAFT-
(1) IN GENERAL- Section 47528(a) is amended by inserting `(for which an
airworthiness certificate other than an experimental certificate has been
issued by the Administrator)' after `civil subsonic turbojet'.
(2) REGULATIONS- Regulations contained in title 14, Code of Federal
Regulations, that implement section 47528 of title 49, United States Code,
and related provisions shall be deemed to incorporate the amendment made by
paragraph (1) on the date of 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).
`(2) DEFINITION- In this paragraph, the term `regularly scheduled
charter air transportation' does not include operations for which the
departure time, departure location, and arrival location are specifically
negotiated with the customer or the customer's representative.'.
SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED.
(a) STUDY- The Administrator shall conduct a study of the appropriateness
of allowing an airport that agrees to provide services to the Federal
Emergency Management Agency or to a State or local agency in the event of an
emergency a credit of the value of such services against the airport's local
share under the airport improvement program.
(b) NOTIFICATION- The Administrator shall notify nonhub and general
aviation airports that the Administrator is conducting the study under
subsection (a) and give them an opportunity to explain how the credit
described in subsection (a) would benefit such airports.
(c) REPORT- Not later than 180 days after the date of 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. PASSENGER CABIN AIR QUALITY.
(a) STUDY OF AIR QUALITY IN PASSENGER CABINS IN COMMERCIAL AIRCRAFT-
(1) IN GENERAL- Not later than 60 days after the date of 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 in air transportation or foreign
air transportation, along with comparisons of such measurements to actual
measurements taken in public buildings.
(4) PROVISION OF CURRENT DATA- The Administrator shall collect all data
of the Federal Aviation Administration that is relevant to the study and
make the data available to the National Academy of Sciences in order to
complete the study.
(b) COLLECTION OF AIRCRAFT AIR QUALITY DATA-
(1) IN GENERAL- The Administrator may consider the feasibility of using
the flight data recording system on aircraft to monitor and record
appropriate data related to air inflow quality, including measurements of
the exposure of persons aboard the aircraft to contaminants during normal
aircraft operation and during incidents involving air quality
problems.
(2) PASSENGER CABINS- The Administrator may also consider the
feasibility of using the flight data recording system to monitor and record
data related to the air quality in passengers cabins of aircraft.
SEC. 726. STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO REDUCE NOISE
LEVELS.
(a) DEVELOPMENT OF NEW STANDARDS- The Secretary shall continue to work to
develop through the International Civil Aviation Organization new performance
standards for aircraft and aircraft engines that will lead to a further
reduction in aircraft noise levels.
(b) GOALS TO BE CONSIDERED IN DEVELOPING NEW STANDARDS- In negotiating
standards under subsection (a), the Secretary shall give high priority to
developing standards that--
(1) are performance based and can be achieved by use of a full range of
certifiable noise reduction technologies;
(2) protect the useful economic value of existing Stage 3 aircraft in
the United States fleet;
(3) ensure that United States air carriers and aircraft engine and
hushkit manufacturers are not competitively disadvantaged;
(4) use dynamic economic modeling capable of determining impacts on all
aircraft in service in the United States fleet; and
(5) continue the use of a balanced approach to address aircraft
environmental issues, taking into account aircraft technology, land use
planning, economic feasibility, and airspace operational improvements.
(c) ANNUAL REPORT- Not later than July 1, 2000, and annually thereafter,
the Secretary shall transmit to Congress a report regarding the application of
new standards or technologies to reduce aircraft noise levels.
SEC. 727. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEMONSTRATION
PROJECT.
Not later than 18 months after the date of 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.
SEC. 728. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.
The Administrator shall not terminate human weather observers for
Automated Surface Observation System stations until--
(1) the Administrator determines that the system provides consistent
reporting of changing meteorological conditions and notifies Congress in
writing of that determination; and
(2) 60 days have passed since the report was transmitted to
Congress.
SEC. 729. AIRCRAFT SITUATIONAL DISPLAY DATA.
(a) IN GENERAL- A memorandum of agreement between the Administrator and
any person that directly obtains aircraft situational display data from the
Federal Aviation Administration shall require that--
(1) the person demonstrate to the satisfaction of the Administrator that
the person is capable of selectively blocking the display of any
aircraft-situation-display-to-industry derived data related to any
identified aircraft registration number; and
(2) the person agree to block selectively the aircraft registration
numbers of any aircraft owner or operator upon the Administration's
request.
(b) EXISTING MEMORANDA TO BE CONFORMED- Not later than 30 days after the
date of 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 OF ADDITIONAL PERSONNEL- For fiscal year 2001, the Secretary
may hire or contract for such additional personnel as may be necessary to
eliminate the backlog of pending equal employment opportunity complaints to
the Department of Transportation and to ensure that investigations of
complaints are completed not later than 180 days after the date of initiation
of the investigation.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $2,000,000 for fiscal year 2001.
SEC. 731. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.
The Department of Airports of the City of Los Angeles may grant an
easement to the California Department of Transportation to lands required to
provide sufficient right-of-way to facilitate the construction of the
California State Route 138 bypass, as proposed by the California Department of
Transportation, if the Department of Airports can document or provide analysis
that granting the easement will benefit the Department of Airports or local
airport development to an extent equal to the value of the easement being
granted.
SEC. 732. REGULATION OF ALASKA GUIDE PILOTS.
(a) IN GENERAL- Beginning on the date of the enactment of this Act, flight
operations conducted by Alaska guide pilots shall be regulated under the
general operating and flight rules contained in part 91 of title 14, Code of
Federal Regulations.
(b) RULEMAKING PROCEEDING-
(1) IN GENERAL- The Administrator shall conduct a rulemaking proceeding
and issue a final rule to modify the general operating and flight rules
referred to in subsection (a) by establishing special rules applicable to
the flight operations conducted by Alaska guide pilots.
(2) CONTENTS OF RULES- A final rule issued by the Administrator under
paragraph (1) shall require Alaska guide pilots--
(A) to operate aircraft inspected no less often than after 125 hours
of flight time;
(B) to participate in an annual flight review, as described in section
61.56 of title 14, Code of Federal Regulations;
(C) to have at least 500 hours of flight time as a pilot;
(D) to have a commercial rating, as described in subpart F of part 61
of such title;
(E) to hold at least a second-class medical certificate, as described
in subpart C of part 67 of such title;
(F) to hold a current letter of authorization issued by the
Administrator; and
(G) to take such other actions as the Administrator determines
necessary for safety.
(3) CONSIDERATION- In making a determination to impose a requirement
under paragraph (2)(G), the Administrator shall take into account the unique
conditions associated with air travel in the State of Alaska to ensure that
such requirements are not unduly burdensome.
(c) DEFINITIONS- In this section, the following definitions apply:
(1) LETTER OF AUTHORIZATION- The term `letter of authorization' means a
letter issued by the Administrator once every 5 years to an Alaska guide
pilot certifying that the pilot is in compliance with general operating and
flight rules applicable to the pilot. In the case of a multi-pilot
operation, at the election of the operating entity, a letter of
authorization may be issued by the Administrator to the entity or to each
Alaska guide pilot employed by the entity.
(2) ALASKA GUIDE PILOT- The term `Alaska guide pilot' means a pilot
who--
(A) conducts aircraft operations over or within the State of
Alaska;
(B) operates single engine, fixed-wing aircraft on floats, wheels, or
skis, providing commercial hunting, fishing, or other guide services and
related accommodations in the form of camps or lodges; and
(C) transports clients by such aircraft incidental to hunting,
fishing, or other guide services.
SEC. 733. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE.
Of the amounts made available pursuant to section 5117(b)(6)(B) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat.
450), not to exceed $1,000,000 for each of fiscal years 2000 and 2001 may be
made available by the Secretary to establish, at an Army depot that has been
closed or realigned, a national transportation data center of excellence that
will--
(1) serve as a satellite facility for the central data repository that
is hosted by the computer center of the Transportation Administrative
Service; and
(2) analyze transportation data collected by the Federal Government,
States, cities, and the transportation industry.
SEC. 734. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.
(a) ESTABLISHMENT OF PANEL- The Administrator--
(1) shall establish an aircraft repair and maintenance advisory panel to
review issues related to the use and oversight of aircraft and aviation
component repair and maintenance facilities (in this section referred to as
`aircraft repair facilities') located within, or outside of, the United
States; and
(2) may seek the advice of the panel on any issue related to methods to
increase safety by improving the oversight of aircraft repair
facilities.
(b) MEMBERSHIP- The panel shall consist of--
(1) 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 OF INFORMATION- The Secretary, by regulation, shall
require air carriers, foreign air carriers, domestic repair facilities, and
foreign repair facilities to submit such information as the Secretary may
require in order to assess balance of trade and safety issues with respect
to work performed on aircraft used by air carriers, foreign air carriers,
United States corporate operators, and foreign corporate operators.
(2) DRUG AND ALCOHOL TESTING INFORMATION- Included in the information
the Secretary requires under paragraph (1) shall be information on the
existence and administration of employee drug and alcohol testing programs
in place at the foreign repair facilities, if applicable. The Secretary, if
necessary, shall work with the International Civil Aviation Organization to
increase the number and improve the administration of employee drug and
alcohol testing programs at the foreign repair facilities.
(3) DESCRIPTION OF WORK DONE- Included in the information the Secretary
requires under paragraph (1) shall be information on the amount and type of
work performed on aircraft registered in and outside of the United
States.
(e) DOT TO FACILITATE COLLECTION OF INFORMATION ABOUT AIRCRAFT
MAINTENANCE- The Secretary shall facilitate the collection of information from
the National Transportation Safety Board, the Federal Aviation Administration,
and other appropriate agencies regarding maintenance performed by aircraft
repair facilities.
(f) DOT TO MAKE INFORMATION AVAILABLE TO PUBLIC- The Secretary shall make
any relevant information received under subsection (d) available to the
public, consistent with the authority to withhold trade secrets or commercial,
financial, and other proprietary information under section 552 of title 5,
United States Code.
(g) TERMINATION- The panel established under subsection (a) shall
terminate on the earlier of--
(1) the date that is 2 years after the date of the enactment of this
Act; or
(h) DEFINITIONS- The definitions contained in section 40102 of title 49,
United States Code, shall apply to this section.
SEC. 735. OPERATIONS OF AIR TAXI INDUSTRY.
(a) STUDY- The Administrator, in consultation with the National
Transportation Safety Board and other interested persons, shall conduct a
study of air taxi operators regulated under part 135 of title 14, Code of
Federal Regulations.
(b) CONTENTS- The study shall include an analysis of the size and type of
the aircraft fleet, relevant aircraft equipment, hours flown, utilization
rates, safety record by various categories of use and aircraft type, sales
revenues, and airports served by the air taxi fleet.
(c) REPORT- Not later than 1 year after the date of the enactment of this
Act, the Administrator shall transmit to Congress a report on the results of
the study.
SEC. 736. NATIONAL AIRSPACE REDESIGN.
(a) FINDINGS- Congress makes the following findings:
(1) The national airspace, comprising more than 29 million square miles,
handles more than 55,000 flights per day.
(2) Almost 2,000,000 passengers per day traverse the United States
through 20 major en route centers, including more than 700 different
sectors.
(3) Redesign and review of the national airspace may produce benefits
for the travelling public by increasing the efficiency and capacity of the
air traffic control system and reducing delays.
(4) Redesign of the national airspace should be a high priority for the
Federal Aviation Administration and the air transportation industry.
(b) REDESIGN- The Administrator, with advice from the aviation industry
and other interested parties, shall conduct a comprehensive redesign of the
national airspace system.
(c) REPORT- Not later than December 31, 2000, the Administrator shall
transmit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the Administrator's comprehensive national
airspace redesign. The report shall include projected milestones for
completion of the redesign and shall also include a date for completion.
(d) AUTHORIZATION- There is authorized to be appropriated to the
Administrator to carry out this section $12,000,000 for each of fiscal years
2000, 2001, and 2002.
SEC. 737. COMPLIANCE WITH REQUIREMENTS.
Notwithstanding any other provision of law, in order to avoid unnecessary
duplication of expense and effort, the Secretary may authorize the use, in
whole or in part, of a completed environmental assessment or environmental
impact study for new construction projects on the air operations area of an
airport, if the completed assessment or study was for a project at the airport
that is substantially similar in nature to the new project. Any such
authorized use shall meet all requirements of Federal law for the completion
of such an assessment or study.
SEC. 738. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.
The Administrator is encouraged to consider any proposal with a regional
consensus submitted by a State aviation authority regarding the expansion of
existing airport facilities or the introduction of new airport facilities.
SEC. 739. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.
(a) APPROVAL OF SALE- To maintain the efficient utilization of airports in
the high-growth Cincinnati local airport system, and to ensure that the
Cincinnati-Municipal Blue Ash Airport continues to operate to relieve
congestion at Cincinnati-Northern Kentucky International Airport and to
provide greater access to the general aviation community beyond the expiration
of the City of Cincinnati's grant obligations, the Secretary may approve the
sale of Cincinnati-Municipal Blue Ash Airport from the City of Cincinnati to
the City of Blue Ash upon a finding that the City of Blue Ash meets all
applicable 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.
SEC. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN
RESPONDING TO OIL SPILLS.
(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.
(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;
(B) require a certification by the purchaser that the aircraft and
aircraft parts will be used only in accordance with the conditions set
forth in subsection (b);
(C) establish appropriate means of verifying and enforcing the use of
the aircraft and aircraft parts by the purchaser and other operators in
accordance with the conditions set forth in subsection (b) or pursuant to
subsection (e); and
(D) ensure, to the maximum extent practicable, that the Secretary of
Defense consults with the Administrator of General Services and with the
heads of appropriate departments and agencies of the Federal Government
regarding alternative requirements for such aircraft and aircraft parts
before the sale of such aircraft and aircraft parts under this
section.
(e) ADDITIONAL TERMS AND CONDITIONS- The Secretary of Defense may require
such other terms and conditions in connection with each sale of aircraft and
aircraft parts under this section as the Secretary considers appropriate for
such sale. Such terms and conditions shall meet the requirements of
regulations prescribed under subsection (d).
(f) REPORT- Not later than March 31, 2002, the Secretary of Defense shall
transmit to the Committees on Armed Services and Commerce, Science, and
Transportation of the Senate and the Committees on National Security and
Transportation and Infrastructure of the House of Representatives a report on
the Secretary's exercise of authority under this section. The report shall set
forth--
(1) the number and types of aircraft sold under the authority, and the
terms and conditions under which the aircraft were sold;
(2) the persons or entities to which the aircraft were sold; and
(3) an accounting of the current use of the aircraft sold.
(g) STATUTORY CONSTRUCTION-
(1) AUTHORITY OF ADMINISTRATOR- Nothing in this section may be construed
as affecting the authority of the Administrator under any other provision of
law.
(2) CERTIFICATION REQUIREMENTS- Nothing in this section may be construed
to waive, with respect to an aircraft sold under the authority of this
section, any requirement to obtain a certificate from the Administrator to
operate the aircraft for any purpose (other than oil spill spotting,
observation, and dispersant delivery) for which such a certificate is
required.
(h) PROCEEDS FROM SALE- The net proceeds of any amounts received by the
Secretary of Defense from the sale of aircraft and aircraft parts under this
section shall be covered into the general fund of the Treasury as
miscellaneous receipts.
SEC. 741. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS SYSTEMS OUTSIDE
THE UNITED STATES.
(a) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY FOREIGN CRS SYSTEMS-
Section 41310 is amended by adding at the end the following:
`(g) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY FOREIGN CRS SYSTEMS- The
Secretary of Transportation may take such actions as the Secretary considers
are in the public interest to eliminate an activity of a foreign air carrier
that owns or markets a computer reservations system, or of a computer
reservations system firm whose principal offices are located outside the
United States, when the Secretary, on the initiative of the Secretary or on
complaint, decides that the activity, with respect to airline service--
`(1) is an unjustifiable or unreasonable discriminatory, predatory, or
anticompetitive practice against a computer reservations system firm whose
principal offices are located inside the United States; or
`(2) imposes an unjustifiable or unreasonable restriction on access of
such a computer reservations system to a foreign market.'.
(b) COMPLAINTS BY CRS FIRMS- Section 41310 is amended--
(1) in subsection (d)(1)--
(A) by striking `air carrier' in the first sentence and inserting `air
carrier, computer reservations system firm,';
(B) by striking `subsection (c)' and inserting `subsection (c) or
(g)'; and
(C) by striking `air carrier' in subparagraph (B) and inserting `air
carrier or computer reservations system firm'; and
(2) in subsection (e)(1) by inserting `or a computer reservations system
firm is subject when providing services with respect to airline service'
before the period at the end of the first sentence.
SEC. 742. SPECIALTY METALS CONSORTIUM.
(a) IN GENERAL- The Administrator may work with a consortium of domestic
metal producers and aircraft engine manufacturers to improve the quality of
turbine engine materials and to address melting technology enhancements.
(b) REPORT- Not later than 6 months after entering into an agreement with
a consortium described in subsection (a), the Administrator shall transmit to
Congress a report on the goals and efforts of the consortium.
SEC. 743. ALKALI SILICA REACTIVITY DISTRESS.
(a) IN GENERAL- The Administrator may conduct a study on the impact of
alkali silica reactivity distress on airport runways and taxiways and the use
of lithium salts and other alternatives for mitigation and prevention of such
distress. The study shall include a determination based on in-the-field
inspections followed by petrographic analysis or other similar techniques.
(b) AUTHORITY TO MAKE GRANTS- The Administrator may carry out the study by
making a grant to, or entering into a cooperative agreement with, a nonprofit
organization for the conduct of all or a part of the study.
(c) REPORT- Not later than 18 months after the date of initiation of the
study under subsection (a), the Administrator shall transmit to Congress a
report on the results of the study.
SEC. 744. ROLLING STOCK EQUIPMENT.
(a) IN GENERAL- Section 1168 of title 11, United States Code, is amended
to read as follows:
`Sec. 1168. Rolling stock equipment
`(a)(1) The right of a secured party with a security interest in or of a
lessor or conditional vendor of equipment described in paragraph (2) to take
possession of such equipment in compliance with an equipment security
agreement, lease, or conditional sale contract, and to enforce any of its
other rights or remedies under such security agreement, lease, or conditional
sale contract, to sell, lease, or otherwise retain or dispose of such
equipment, is not limited or otherwise affected by any other provision of this
title or by any power of the court, except that right to take possession and
enforce those other rights and remedies shall be subject to section 362,
if--
`(A) before the date that is 60 days after the date of commencement of a
case under this chapter, the trustee, subject to the court's approval,
agrees to perform all obligations of the debtor under such security
agreement, lease, or conditional sale contract; and
`(B) any default, other than a default of a kind described in section
365(b)(2), under such security agreement, lease, or conditional sale
contract--
`(i) that occurs before the date of commencement of the case and is an
event of default therewith is cured before the expiration of such 60-day
period;
`(ii) that occurs or becomes an event of default after the date of
commencement of the case and before the expiration of such 60-day period
is cured before the later of--
`(I) the date that is 30 days after the date of the default or event
of the default; or
`(II) the expiration of such 60-day period; and
`(iii) that occurs on or after the expiration of such 60-day period is
cured in accordance with the terms of such security agreement, lease, or
conditional sale contract, if cure is permitted under that agreement,
lease, or conditional sale contract.
`(2) The equipment described in this paragraph--
`(A) is rolling stock equipment or accessories used on rolling stock
equipment, including superstructures or racks, that is subject to a security
interest granted by, leased to, or conditionally sold to a debtor; and
`(B) includes all records and documents relating to such equipment that
are required, under the terms of the security agreement, lease, or
conditional sale contract, that is to be surrendered or returned by the
debtor in connection with the surrender or return of such equipment.
`(3) Paragraph (1) applies to a secured party, lessor, or conditional
vendor acting in its own behalf or acting as trustee or otherwise in behalf of
another party.
`(b) The trustee and the secured party, lessor, or conditional vendor
whose right to take possession is protected under subsection (a) may agree,
subject to the court's approval, to extend the 60-day period specified in
subsection (a)(1).
`(c)(1) In any case under this chapter, the trustee shall immediately
surrender and return to a secured party, lessor, or conditional vendor,
described in subsection (a)(1), equipment described in subsection (a)(2), if
at any time after the date of commencement of the case under this chapter such
secured party, lessor, or conditional vendor is entitled pursuant to
subsection (a)(1) to take possession of such equipment and makes a written
demand for such possession of the trustee.
`(2) At such time as the trustee is required under paragraph (1) to
surrender and return equipment described in subsection (a)(2), any lease of
such equipment, and any security agreement or conditional sale contract
relating to such equipment, if such security agreement or conditional sale
contract is an executory contract, shall be deemed rejected.
`(d) With respect to equipment first placed in service on or prior to
October 22, 1994, for purposes of this section--
`(1) the term `lease' includes any written agreement with respect to
which the lessor and the debtor, as lessee, have expressed in the agreement
or in a substantially contemporaneous writing that the agreement is to be
treated as a lease for Federal income tax purposes; and
`(2) the term `security interest' means a purchase-money equipment
security interest.
`(e) With respect to equipment first placed in service after October 22,
1994, for purposes of this section, the term `rolling stock equipment'
includes rolling stock equipment that is substantially rebuilt and accessories
used on such equipment.'.
(b) AIRCRAFT EQUIPMENT AND VESSELS- Section 1110 of title 11, United
States Code, is amended to read as follows:
`Sec. 1110. Aircraft equipment and vessels
`(a)(1) Except as provided in paragraph (2) and subject to subsection (b),
the right of a secured party with a security interest in equipment described
in paragraph (3), or of a lessor or conditional vendor of such equipment, to
take possession of such equipment in compliance with a security agreement,
lease, or conditional sale contract, and to enforce any of its other rights or
remedies, under such security agreement, lease, or conditional sale contract,
to sell, lease, or otherwise retain or dispose of such equipment, is not
limited or otherwise affected by any other provision of this title or by any
power of the court.
`(2) The right to take possession and to enforce the other rights and
remedies described in paragraph (1) shall be subject to section 362 if--
`(A) before the date that is 60 days after the date of the order for
relief under this chapter, the trustee, subject to the approval of the
court, agrees to perform all obligations of the debtor under such security
agreement, lease, or conditional sale contract; and
`(B) any default, other than a default of a kind specified in section
365(b)(2), under such security agreement, lease, or conditional sale
contract--
`(i) that occurs before the date of the order is cured before the
expiration of such 60-day period;
`(ii) that occurs after the date of the order and before the
expiration of such 60-day period is cured before the later of--
`(I) the date that is 30 days after the date of the default;
or
`(II) the expiration of such 60-day period; and
`(iii) that occurs on or after the expiration of such 60-day period is
cured in compliance with the terms of such security agreement, lease, or
conditional sale contract, if a cure is permitted under that agreement,
lease, or contract.
`(3) The equipment described in this paragraph--
`(i) an aircraft, aircraft engine, propeller, appliance, or spare part
(as defined in section 40102 of title 49) that is subject to a security
interest granted by, leased to, or conditionally sold to a debtor that, at
the time such transaction is entered into, holds an air carrier operating
certificate issued pursuant to chapter 447 of title 49 for aircraft
capable of carrying 10 or more individuals or 6,000 pounds or more of
cargo; or
`(ii) a documented vessel (as defined in section 30101(1) of title 46)
that is subject to a security interest granted by, leased to, or
conditionally sold to a debtor that is a water carrier that, at the time
such transaction is entered into, holds a certificate of public
convenience and necessity or permit issued by the Department of
Transportation; and
`(B) includes all records and documents relating to such equipment that
are required, under the terms of the security agreement, lease, or
conditional sale contract, to be surrendered or returned by the debtor in
connection with the surrender or return of such equipment.
`(4) Paragraph (1) applies to a secured party, lessor, or conditional
vendor acting in its own behalf or acting as trustee or otherwise in behalf of
another party.
`(b) The trustee and the secured party, lessor, or conditional vendor
whose right to take possession is protected under subsection (a) may agree,
subject to the approval of the court, to extend the 60-day period specified in
subsection (a)(1).
`(c)(1) In any case under this chapter, the trustee shall immediately
surrender and return to a secured party, lessor, or conditional vendor,
described in subsection (a)(1), equipment described in subsection (a)(3), if
at any time after the date of the order for relief under this chapter such
secured party, lessor, or conditional vendor is entitled pursuant to
subsection (a)(1) to take possession of such equipment and makes a written
demand for such possession to the trustee.
`(2) At such time as the trustee is required under paragraph (1) to
surrender and return equipment described in subsection (a)(3), any lease of
such equipment, and any security agreement or conditional sale contract
relating to such equipment, if such security agreement or conditional sale
contract is an executory contract, shall be deemed rejected.
`(d) With respect to equipment first placed in service on or before
October 22, 1994, for purposes of this section--
`(1) the term `lease' includes any written agreement with respect to
which the lessor and the debtor, as lessee, have expressed in the agreement
or in a substantially contemporaneous writing that the agreement is to be
treated as a lease for Federal income tax purposes; and
`(2) the term `security interest' means a purchase-money equipment
security interest.'.
SEC. 745. GENERAL ACCOUNTING OFFICE AIRPORT NOISE STUDY.
(a) IN GENERAL- The Comptroller General of the United States shall conduct
a study on airport noise in the United States.
(b) CONTENTS OF STUDY- In conducting the study, the Comptroller General
shall examine--
(1) the selection of noise measurement methodologies used by the
Administrator;
(2) the threshold of noise at which health begins to be affected;
(3) the effectiveness of noise abatement programs at airports located in
the United States;
(4) the impacts of aircraft noise on communities, including
schools;
(5) the noise assessment practices of the Federal Aviation
Administration and whether such practices fairly and accurately reflect the
burden of noise on communities; and
(6) the items requested to be examined by certain Members of the House
of Representatives in a letter relating to aircraft noise to the Comptroller
General dated April 30, 1999.
(c) REPORT- Not later than 1 year after the date of 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.
(1) IN 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. NONMILITARY HELICOPTER NOISE.
(a) IN GENERAL- The Secretary shall conduct a study--
(1) on the effects of nonmilitary helicopter noise on individuals in
densely populated areas in the continental United States; and
(2) to develop recommendations for the reduction of the effects of
nonmilitary helicopter noise.
(b) FOCUS- In conducting the study, the Secretary shall focus on air
traffic control procedures to address helicopter noise problems and shall take
into account the needs of law enforcement.
(c) CONSIDERATION OF VIEWS- In conducting the study, the Secretary shall
consider the views of representatives of the helicopter industry and
organizations with an interest in reducing nonmilitary helicopter noise.
(d) REPORT- Not later than 1 year after the date of 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, subject to section 47153 of such title
(as in effect on June 1, 1998), and subsection (b) of this section, waive with
respect to airport property parcels that, according to the Federal Aviation
Administration approved airport layout plan for Newport News/Williamsburg
International Airport, are no longer required for airport purposes from any
term contained in the deed of conveyance dated May 14, 1947, under which the
United States conveyed such property to the Peninsula Airport Commission for
airport purposes of the Commission.
(b) CONDITIONS- Any waiver granted by the Secretary under subsection (a)
shall be subject to the following conditions:
(1) The Peninsula Airport Commission shall agree that, in leasing or
conveying any interest in the property with respect to which waivers are
granted under subsection (a), the Commission will receive an amount that is
equal to the fair lease value or the fair market value, as the case may be,
as determined pursuant to regulations issued by the Secretary.
(2) Peninsula Airport Commission shall use any amount so received only
for the development, improvement, operation, or maintenance of Newport
News/Williamsburg International Airport.
SEC. 749. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, YAVAPAI COUNTY,
ARIZONA.
(a) IN GENERAL- Notwithstanding the Federal Airport Act (as in effect on
October 31, 1956) or sections 47125 and 47153 of title 49, United States Code,
and subject to this section, the Secretary of Transportation may waive any
term contained in the deed of conveyance dated October 31, 1956, by which the
United States conveyed lands to the County of Yavapai, Arizona, for use by the
county for airport purposes.
(b) LIMITATION- No waiver may be granted under subsection (a) if the
waiver would result in the closure of an airport.
(c) CONDITION- The County of Yavapai, Arizona, shall agree that, in
leasing or conveying any interest in property to which the deed of conveyance
described in subsection (a) relates, the county will receive an amount that is
equal to the fair lease value or the fair market value, as the case may be, as
determined pursuant to regulations issued by the Secretary.
SEC. 750. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE, PINAL COUNTY,
ARIZONA.
(a) IN GENERAL- Notwithstanding the Federal Airport Act (as in effect on
June 3, 1952) or sections 47125 and 47153 of title 49, United States Code, and
subject to this section, the Secretary of Transportation may waive any term
contained in the deed of conveyance dated June 3, 1952, by which the United
States conveyed lands to the County of Pinal, Arizona, for use by the county
for airport purposes.
(b) LIMITATION- No waiver may be granted under subsection (a) if the
waiver would result in the closure of an airport.
(c) CONDITION- The County of Pinal, Arizona, shall agree that, in leasing
or conveying any interest in property to which the deed of conveyance
described in subsection (a) relates, the county will receive an amount that is
equal to the fair lease value or the fair market value, as the case may be, as
determined pursuant to regulations issued by the Secretary.
SEC. 751. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION OF HIGHER
EDUCATION IN OKLAHOMA.
(a) IN GENERAL- Notwithstanding any other provision of law, including the
Surplus Property Act of 1944 (58 Stat. 765, chapter 479; 50 U.S.C. App. 1622
et seq.), and subject to the requirements of this section, the Secretary (or
the appropriate Federal officer) may waive, without charge, any of the terms
contained in any deed of conveyance described in subsection (b) that restrict
the use of any land described in such a deed that, as of the date of 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--
(B) to the extent that funds remain available, for weather-related and
educational purposes that primarily benefit aviation.
(d) CONDITION- An institution of higher education that is issued a waiver
under subsection (a), shall agree that, in leasing or conveying any interest
in land to which the deed of conveyance described in subsection (b) relates,
the institution will receive an amount that is equal to the fair lease value
or the fair market value, as the case may be, as determined pursuant to
regulations issued by the Secretary.
(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.
SEC. 752. FORMER AIRFIELD LANDS, GRANT PARISH, LOUISIANA.
(a) IN GENERAL- Subject to the requirements of this section, the United
States may release, without monetary consideration, all restrictions,
conditions, and limitations on the use, encumbrance, or conveyance of certain
land located in Grant Parish, Louisiana, identified as Tracts B, C, and D on
the map entitled `Plat of Restricted Properties/Former Pollock Army Airfield,
Pollock, Louisiana', dated August 1, 1996, to the extent such restrictions,
conditions, and limitations are enforceable by the United States, but the
United States shall retain the right of access to, and use of, that land for
national defense purposes in time of war or national emergency.
(b) CONDITIONS- Any release under subsection (a) shall be subject to the
following conditions:
(1) In leasing or conveying any interest in the land with respect to
which releases are granted under subsection (a), the party owning the
property after the releases shall receive an amount that is equal to the
fair lease value or the fair market value, as the case may be, as determined
pursuant to regulations issued by the Secretary.
(2) Any amount so received may be used only for the development,
improvement, operation, or maintenance of the airport.
SEC. 753. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.
(a) IN GENERAL- Subject to subsection (b), the Secretary may grant a
release from any term or condition in a grant agreement for the development or
improvement of the Raleigh County Memorial Airport, West Virginia, if the
Secretary determines that the property to which the release applies--
(1) does not exceed 400 acres; and
(2) is not needed for airport purposes.
(b) CONDITION- The proceeds of the sale of any property to which a release
under subsection (a) applies shall be used for airport purposes.
SEC. 754. IDITAROD AREA SCHOOL DISTRICT.
Notwithstanding any other provision of law (including section 47125 of
title 49, United States Code), the Administrator of the Federal Aviation
Administration, or the Administrator of General Services, may convey to the
Iditarod Area School District without reimbursement all right, title, and
interest in 12 acres of property at Lake Minchumina, Alaska, identified by the
Administrator of the Federal Aviation Administration, including the structures
known as housing units 100 through 105 and as utility building 301.
SEC. 755. ALTERNATIVE POWER SOURCES FOR FLIGHT DATA RECORDERS AND COCKPIT
VOICE RECORDERS.
(a) STUDY- The Administrator shall conduct a study on the need for an
alternative power source for on-board flight data recorders and cockpit voice
recorders.
(b) REPORT- Not later than 120 days after the date of 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 recommendations with respect to the
matter to be studied under this section and will issue the recommendations
within a reasonable period of time, the Administrator shall transmit to
Congress a report containing the Administrator's comments on the Board's
recommendations rather than conducting a separate study under this section.
SEC. 756. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION SYSTEM.
The Administrator shall develop a national policy and related procedures
concerning the Terminal Automated Radar Display and Information System and
sequencing for visual flight rule air traffic control towers.
SEC. 757. STREAMLINING SEAT AND RESTRAINT SYSTEM CERTIFICATION PROCESS AND
DYNAMIC TESTING REQUIREMENTS.
(a) WORKING GROUPS- Not later than 3 months after the date of 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
(3) study the feasibility of increasing the standard altitude over the
Brandywine Intercept from 3,000 feet to 4,000 feet.
SEC. 759. POST FREE FLIGHT PHASE I ACTIVITIES.
Not later than August 1, 2000, the Administrator shall transmit to
Congress a definitive plan for the continued implementation of Free Flight
Phase I operational capabilities for fiscal years 2003 through 2005. The plan
shall include and address the recommendations concerning operational
capabilities for fiscal years 2003 through 2005 due to be made by the RTCA
Free Flight Steering Committee in December 1999 that was established at the
direction of the Federal Aviation Administration. The plan shall also include
budget estimates for the implementation of these operational capabilities.
SEC. 760. SENSE OF 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 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 VIII--NATIONAL PARKS AIR TOUR MANAGEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the `National Parks Air Tour Management Act of
2000'.
SEC. 802. FINDINGS.
(1) the Federal Aviation Administration has sole authority to control
airspace over the United States;
(2) the Federal Aviation Administration has the authority to preserve,
protect, and enhance the environment by minimizing, mitigating, or
preventing the adverse effects of aircraft overflights on public and tribal
lands;
(3) the National Park Service has the responsibility of conserving the
scenery and natural and historic objects and wildlife in national parks and
of providing for the enjoyment of the national parks in ways that leave the
national parks unimpaired for future generations;
(4) the protection of tribal lands from aircraft overflights is
consistent with protecting the public health and welfare and is essential to
the maintenance of the natural and cultural resources of Indian
tribes;
(5) the National Parks Overflights Working Group, composed of general
aviation, commercial air tour, environmental, and Native American
representatives, recommended that the Congress enact legislation based on
the Group's consensus work product; and
(6) this title reflects the recommendations made by that Group.
SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.
(a) IN GENERAL- Chapter 401 (as amended by section 706(a) of this Act) is
further amended by adding at the end the following:
`Sec. 40128. Overflights of national parks
`(1) GENERAL REQUIREMENTS- A commercial air tour operator may not
conduct commercial air tour operations over a national park or tribal lands
except--
`(A) in accordance with this section;
`(B) in accordance with conditions and limitations prescribed for that
operator by the Administrator; and
`(C) in accordance with any applicable air tour management plan for
the park or tribal lands.
`(2) APPLICATION FOR OPERATING AUTHORITY-
`(A) APPLICATION REQUIRED- Before commencing commercial air tour
operations over a national park or tribal lands, a commercial air tour
operator shall apply to the Administrator for authority to conduct the
operations over the park or tribal lands.
`(B) COMPETITIVE BIDDING FOR LIMITED CAPACITY PARKS- Whenever an air
tour management plan limits the number of commercial air tour operations
over a national park during a specified time frame, the Administrator, in
cooperation with the Director, shall issue operation specifications to
commercial air tour operators that conduct such operations. The operation
specifications shall include such terms and conditions as the
Administrator and the Director find necessary for management of commercial
air tour operations over the park. The Administrator, in cooperation with
the Director, shall develop an open competitive process for evaluating
proposals from persons interested in providing commercial air tour
operations over the park. In making a selection from among various
proposals submitted, the Administrator, in cooperation with the Director,
shall consider relevant factors, including--
`(i) the safety record of the person submitting the proposal or
pilots employed by the person;
`(ii) any quiet aircraft technology proposed to be used by the
person submitting the proposal;
`(iii) the experience of the person submitting the proposal with
commercial air tour operations over other national parks or scenic
areas;
`(iv) the financial capability of the person submitting the
proposal;
`(v) any training programs for pilots provided by the person
submitting the proposal; and
`(vi) responsiveness of the person submitting the proposal to any
relevant criteria developed by the National Park Service for the
affected park.
`(C) NUMBER OF OPERATIONS AUTHORIZED- In determining the number of
authorizations to issue to provide commercial air tour operations over a
national park, the Administrator, in cooperation with the Director, shall
take into consideration the provisions of the air tour management plan,
the number of existing commercial air tour operators and current level of
service and equipment provided by any such operators, and the financial
viability of each commercial air tour operation.
`(D) COOPERATION WITH NPS- Before granting an application under this
paragraph, the Administrator, in cooperation with the Director, shall
develop an air tour management plan in accordance with subsection (b) and
implement such plan.
`(E) TIME LIMIT ON RESPONSE TO ATMP APPLICATIONS- The Administrator
shall make every effort to act on any application under this paragraph and
issue a decision on the application not later than 24 months after it is
received or amended.
`(F) PRIORITY- In acting on applications under this paragraph to
provide commercial air tour operations over a national park, the
Administrator shall give priority to an application under this paragraph
in any case in which a new entrant commercial air tour operator is seeking
operating authority with respect to that national park.
`(3) EXCEPTION- Notwithstanding paragraph (1), commercial air tour
operators may conduct commercial air tour operations over a national park
under part 91 of the title 14, Code of Federal Regulations if--
`(A) such activity is permitted under part 119 of such title;
`(B) the operator secures a letter of agreement from the Administrator
and the national park superintendent for that national park describing the
conditions under which the operations will be conducted; and
`(C) the total number of operations under this exception is limited to
not more than five flights in any 30-day period over a particular
park.
`(4) SPECIAL RULE FOR SAFETY REQUIREMENTS- Notwithstanding subsection
(c), an existing commercial air tour operator shall apply, not later than 90
days after the date of 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-
`(A) IN GENERAL- The Administrator, in cooperation with the Director,
shall establish an air tour management plan for any national park or
tribal land for which such a plan is not in effect whenever a person
applies for authority to conduct a commercial air tour operation over the
park. The air tour management plan shall be developed by means of a public
process in accordance with paragraph (4).
`(B) OBJECTIVE- The objective of any air tour management plan shall be
to develop acceptable and effective measures to mitigate or prevent the
significant adverse impacts, if any, of commercial air tour operations
upon the natural and cultural resources, visitor experiences, and tribal
lands.
`(2) ENVIRONMENTAL DETERMINATION- In establishing an air tour management
plan under this subsection, the Administrator and the Director shall each
sign the environmental decision document required by section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) which may include
a finding of no significant impact, an environmental assessment, or an
environmental impact statement and the record of decision for the air tour
management plan.
`(3) CONTENTS- An air tour management plan for a national park--
`(A) may prohibit commercial air tour operations in whole or in
part;
`(B) may establish conditions for the conduct of commercial air tour
operations, including commercial air tour routes, maximum or minimum
altitudes, time-of-day restrictions, restrictions for particular events,
maximum number of flights per unit of time, intrusions on privacy on
tribal lands, and mitigation of noise, visual, or other impacts;
`(C) shall apply to all commercial air tour operations within 1/2 mile
outside the boundary of a national park;
`(D) shall include incentives (such as preferred commercial air tour
routes and altitudes, relief from caps and curfews) for the adoption of
quiet aircraft technology by commercial air tour operators conducting
commercial air tour operations at the park;
`(E) shall provide for the initial allocation of opportunities to
conduct commercial air tour operations if the plan includes a limitation
on the number of commercial air tour operations for any time period;
and
`(F) shall justify and document the need for measures taken pursuant
to subparagraphs (A) through (E) and include such justifications in the
record of decision.
`(4) PROCEDURE- In establishing an air tour management plan for a
national park or tribal lands, the Administrator and the Director
shall--
`(A) hold at least one public meeting with interested parties to
develop the air tour management plan;
`(B) publish the proposed plan in the Federal Register for notice and
comment and make copies of the proposed plan available to the
public;
`(C) comply with the regulations set forth in sections 1501.3 and
1501.5 through 1501.8 of title 40, Code of Federal Regulations (for
purposes of complying with the regulations, the Federal Aviation
Administration shall be the lead agency and the National Park Service is a
cooperating agency); and
`(D) solicit the participation of any Indian tribe whose tribal lands
are, or may be, overflown by aircraft involved in a commercial air tour
operation over the park or tribal lands to which the plan applies, as a
cooperating agency under the regulations referred to in subparagraph
(C).
`(5) JUDICIAL REVIEW- An air tour management plan developed under this
subsection shall be subject to judicial review.
`(6) AMENDMENTS- The Administrator, in cooperation with the Director,
may make amendments to an air tour management plan. Any such amendments
shall be published in the Federal Register for notice and comment. A request
for amendment of an air tour management plan shall be made in such form and
manner as the Administrator may prescribe.
`(c) INTERIM OPERATING AUTHORITY-
`(1) IN GENERAL- Upon application for operating authority, the
Administrator shall grant interim operating authority under this subsection
to a commercial air tour operator for commercial air tour operations over a
national park or tribal lands for which the operator is an existing
commercial air tour operator.
`(2) REQUIREMENTS AND LIMITATIONS- Interim operating authority granted
under this subsection--
`(A) shall provide annual authorization only for the greater
of--
`(i) the number of flights used by the operator to provide the
commercial air tour operations within the 12-month period prior to the
date of 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
granted unless such an increase is agreed to by the Administrator and the
Director;
`(C) shall be published in the Federal Register to provide notice and
opportunity for comment;
`(D) may be revoked by the Administrator for cause;
`(E) shall terminate 180 days after the date on which an air tour
management plan is established for the park or tribal lands;
`(F) shall promote protection of national park resources, visitor
experiences, and tribal lands;
`(G) shall promote safe commercial air tour operations;
`(H) shall promote the adoption of quiet technology, as appropriate;
and
`(I) shall allow for modifications of the interim operating authority
based on experience if the modification improves protection of national
park resources and values and of tribal lands.
`(3) New entrant air tour operators-
`(A) IN GENERAL- The Administrator, in cooperation with the Director,
may grant interim operating authority under this paragraph to an air tour
operator for a national park or tribal lands for which that operator is a
new entrant air tour operator if the Administrator determines the
authority is necessary to ensure competition in the provision of
commercial air tour operations over the park or tribal lands.
`(B) SAFETY LIMITATION- The Administrator may not grant interim
operating authority under subparagraph (A) if the Administrator determines
that it would create a safety problem at the park or on the tribal lands,
or the Director determines that it would create a noise problem at the
park or on the tribal lands.
`(C) ATMP LIMITATION- The Administrator may grant interim operating
authority under subparagraph (A) of this paragraph only if the air tour
management plan for the park or tribal lands to which the application
relates has not been developed within 24 months after the date of 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.
`(3) NEW ENTRANT COMMERCIAL AIR TOUR OPERATOR- The term `new entrant
commercial air tour operator' means a commercial air tour operator
that--
`(A) applies for operating authority as a commercial air tour operator
for a national park or tribal lands; and
`(B) has not engaged in the business of providing commercial air tour
operations over the national park or tribal lands in the 12-month period
preceding the application.
`(4) COMMERCIAL AIR TOUR OPERATION-
`(A) IN GENERAL- The term `commercial air tour operation' means any
flight, conducted for compensation or hire in a powered aircraft where a
purpose of the flight is sightseeing over a national park, within 1/2 mile
outside the boundary of any national park, or over tribal lands, during
which the aircraft flies--
`(i) below a minimum altitude, determined by the Administrator in
cooperation with the Director, above ground level (except solely for
purposes of takeoff or landing, or necessary for safe operation of an
aircraft as determined under the rules and regulations of the Federal
Aviation Administration requiring the pilot-in-command to take action to
ensure the safe operation of the aircraft); or
`(ii) less than 1 mile laterally from any geographic feature within
the park (unless more than 1/2 mile outside the boundary).
`(B) FACTORS TO CONSIDER- In making a determination of whether a
flight is a commercial air tour operation for purposes of this section,
the Administrator may consider--
`(i) whether there was a holding out to the public of willingness to
conduct a sightseeing flight for compensation or hire;
`(ii) whether a narrative that referred to areas or points of
interest on the surface below the route of the flight was provided by
the person offering the flight;
`(iii) the area of operation;
`(iv) the frequency of flights conducted by the person offering the
flight;
`(v) the route of flight;
`(vi) the inclusion of sightseeing flights as part of any travel
arrangement package offered by the person offering the
flight;
`(vii) whether the flight would have been canceled based on poor
visibility of the surface below the route of the flight; and
`(viii) any other factors that the Administrator and the Director
consider appropriate.
`(5) NATIONAL PARK- The term `national park' means any unit of the
National Park System.
`(6) TRIBAL LANDS- The term `tribal lands' means Indian country (as that
term is defined in section 1151 of title 18) that is within or abutting a
national park.
`(7) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Federal Aviation Administration.
`(8) DIRECTOR- The term `Director' means the Director of the National
Park Service.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 401 (as amended by
section 706(b) of this Act) is further amended by adding at the end the
following:
`40128. Overflights of national parks.'.
(c) COMPLIANCE WITH OTHER REGULATIONS- For purposes of section 40126 of
title 49, United States Code--
(1) regulations issued by the Secretary of Transportation and the
Administrator under section 3 of Public Law 100-91 (16 U.S.C. 1a-1 note);
and
(2) commercial air tour operations carried out in compliance with the
requirements of those regulations,
shall be deemed to meet the requirements of such section 40126.
SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.
(a) QUIET TECHNOLOGY REQUIREMENTS- Within 12 months after the date of 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 Administrator determines that the Administrator will
not be able to make such designation before the last day of such 12-month
period, the Administrator shall transmit to Congress a report on the reasons
for not meeting such time period and the expected date of such designation.
(b) ROUTES OR CORRIDORS- In consultation with the Director and the
advisory group established under section 805, the Administrator shall
establish, by rule, routes or corridors for commercial air tour operations (as
defined in section 40126(e)(4) of title 49, United States Code) by fixed-wing
and helicopter aircraft that employ quiet aircraft technology for--
(1) tours of the Grand Canyon originating in Clark County, Nevada;
and
(2) `local loop' tours originating at the Grand Canyon National Park
Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas that will
not negatively impact the substantial restoration of natural quiet, tribal
lands, or safety.
(c) OPERATIONAL CAPS- Commercial air tour operations by any fixed-wing or
helicopter aircraft that employs quiet aircraft technology and that replaces
an existing aircraft shall not be subject to the operational flight
allocations that apply to other commercial air tour operations of the Grand
Canyon, provided that the cumulative impact of such operations does not
increase noise at the Grand Canyon.
(d) MODIFICATION OF EXISTING AIRCRAFT TO MEET STANDARDS- A commercial air
tour operation by a fixed-wing or helicopter aircraft in a commercial air tour
operator's fleet on the date of 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--
(1) the statutory mandate imposed upon the Secretary of the Interior and
the Administrator of the Federal Aviation Administration under Public Law
100-91 (16 U.S.C. 1a-1 note) to achieve the substantial restoration of the
natural quiet and experience at the Grand Canyon National Park; and
(2) the obligations of the Secretary and the Administrator to promulgate
forthwith regulations to achieve the substantial restoration of the natural
quiet and experience at the Grand Canyon National Park.
SEC. 805. ADVISORY GROUP.
(a) ESTABLISHMENT- Not later than 1 year after the date of 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.
(1) IN GENERAL- The advisory group shall be composed of--
(A) a balanced group of--
(i) representatives of general aviation;
(ii) representatives of commercial air tour operators;
(iii) representatives of environmental concerns; and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Aviation Administration;
and
(C) a representative of the National Park Service.
(2) EX OFFICIO MEMBERS- The Administrator (or the designee of the
Administrator) and the Director (or the designee of the Director) shall
serve as ex officio members.
(3) CHAIRPERSON- The representative of the Federal Aviation
Administration and the representative of the National Park Service shall
serve alternating 1-year terms as chairman of the advisory group, with the
representative of the Federal Aviation Administration serving initially
until the end of the calendar year following the year in which the advisory
group is first appointed.
(c) DUTIES- The advisory group shall provide advice, information, and
recommendations to the Administrator and the Director--
(1) on the implementation of this title and the amendments made by this
title;
(2) on commonly accepted quiet aircraft technology for use in commercial
air tour operations over a national park or tribal lands, which will receive
preferential treatment in a given air tour management plan;
(3) on other measures that might be taken to accommodate the interests
of visitors to national parks; and
(4) at the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour operations
over a national park or tribal lands.
(d) COMPENSATION; SUPPORT; FACA-
(1) COMPENSATION AND TRAVEL- Members of the advisory group who are not
officers or employees of the United States, while attending conferences or
meetings of the group or otherwise engaged in its business, or while serving
away from their homes or regular places of business, may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for persons in the Government
service employed intermittently.
(2) ADMINISTRATIVE SUPPORT- The Federal Aviation Administration and the
National Park Service shall jointly furnish to the advisory group clerical
and other assistance.
(3) NONAPPLICATION OF FACA- Section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to the advisory group.
SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY
MOUNTAIN NATIONAL PARK.
Effective beginning on the date of 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. 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. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.
Any methodology adopted by a Federal agency to assess air tour noise in
any unit of the national park system (including the Grand Canyon and Alaska)
shall be based on reasonable scientific methods.
SEC. 809. ALASKA EXEMPTION.
The provisions of this title and section 40128 of title 49, United States
Code, as added by section 803(a), do not apply to any land or waters located
in Alaska.
TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND
DEVELOPMENT
SEC. 901. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking `and' at the end of paragraph (4)(J);
(2) by striking the period at the end of paragraph (5) and inserting 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 `The report shall be prepared in
accordance with requirements of section 1116 of title 31.' after `effect for
the prior fiscal year.'.
(b) REQUIREMENT- Not later than October 1, 2000, the Administrator of the
National Aeronautics and Space Administration and the Administrator of the
Federal Aviation Administration shall jointly prepare and transmit to the
Congress an integrated civil aviation research and development plan.
(c) CONTENTS- The plan required by subsection (b) shall include--
(1) an identification of the respective research and development
requirements, roles, and responsibilities of the National Aeronautics and
Space Administration and the Federal Aviation Administration;
(2) formal mechanisms for the timely sharing of information between the
National Aeronautics and Space Administration and the Federal Aviation
Administration; and
(3) procedures for increased communication and coordination between the
Federal Aviation Administration research advisory committee established
under section 44508 of title 49, United States Code, and the NASA
Aeronautics and Space Transportation Technology Advisory Committee.
SEC. 903. INTERNET AVAILABILITY OF INFORMATION.
The Administrator shall make available through the Internet home page of
the Federal Aviation Administration the abstracts relating to all research
grants and awards made with funds authorized by the amendments made by this
Act. Nothing in this section shall be construed to require or permit the
release of any information prohibited by law or regulation from being released
to the public.
SEC. 904. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.
Section 44504(b)(1) of title 49, United States Code, is amended by
inserting `, including nonstructural aircraft systems,' after `life of
aircraft'.
SEC. 905. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.
The Administrator shall consider awards to nonprofit concrete pavement
research foundations to improve the design, construction, rehabilitation, and
repair of rigid concrete airfield pavements to aid in the development of
safer, more cost-effective, and durable airfield pavements. The Administrator
may use a grant or cooperative agreement for this purpose. Nothing in this
section shall require the Administrator to prioritize an airfield pavement
research program above safety, security, Flight 21, environment, or energy
research programs.
SEC. 906. EVALUATION OF RESEARCH FUNDING TECHNIQUES.
(a) IN GENERAL- The Secretary, in consultation with the National Academy
of Sciences and representatives of airports, shall evaluate the applicability
of the techniques used to fund and administer research under the National
Highway Cooperative Research Program and the National Transit Research Program
to the research needs of airports.
(b) REPORT- The Secretary shall transmit to Congress a report on the
results of the evaluation conducted under this section.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY.
(a) IN GENERAL- Paragraph (1) of section 9502(d) of the Internal Revenue
Code of 1986 (relating to expenditures from Airport and Airway Trust Fund) is
amended--
(1) by striking `October 1, 1998' and inserting `October 1, 2003';
and
(2) by inserting before the semicolon at the end of subparagraph (A) the
following: `or the provisions of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 providing for payments from the
Airport and Airway Trust Fund or the Interim Federal Aviation Administration
Authorization Act or section 6002 of the 1999 Emergency Supplemental
Appropriations Act, Public Law 106-59, or the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century'.
(b) LIMITATION ON EXPENDITURE AUTHORITY- Section 9502 of such Code is
amended by adding at the end the following new subsection:
`(f) LIMITATION ON TRANSFERS TO TRUST FUND-
`(1) IN GENERAL- Except as provided in paragraph (2), no amount may be
appropriated or credited to the Airport and Airway Trust Fund on and after
the date of any expenditure from the Airport and Airway Trust Fund which is
not permitted by this section. The determination of whether an expenditure
is so permitted shall be made without regard to--
`(A) any provision of law which is not contained or referenced in this
title or in a revenue Act; and
`(B) whether such provision of law is a subsequently enacted provision
or directly or indirectly seeks to waive the application of this
subsection.
`(2) EXCEPTION FOR PRIOR OBLIGATIONS- Paragraph (1) shall not apply to
any expenditure to liquidate any contract entered into (or for any amount
otherwise obligated) before October 1, 2003, in accordance with the
provisions of this section.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END