106th CONGRESS
1st Session
S. 1467
AMENDMENTS
S 1467 EAH
In the House of Representatives, U. S.,
August 5, 1999.
Resolved, That the bill from the Senate (S. 1467) entitled `An
Act to extend the funding levels for aviation programs for 60 days', do pass
with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Aviation Investment and
Reform Act for the 21st Century'.
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 4. Administrator defined.
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. Budget submission.
Subtitle B--Airport Development
Sec. 121. Runway incursion prevention devices; emergency call
boxes.
Sec. 122. Windshear detection equipment.
Sec. 123. Enhanced vision technologies.
Sec. 124. Pavement maintenance.
Sec. 125. Competition plans.
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. Aviation security program.
Sec. 134. Inherently low-emission airport vehicle pilot
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. Engineered materials arresting systems.
Subtitle C--Miscellaneous
Sec. 151. Treatment of certain facilities as airport-related
projects.
Sec. 152. Terminal development costs.
Sec. 153. General facilities authority.
Sec. 154. Denial of airport access to certain air
carriers.
Sec. 155. Construction of runways.
Sec. 156. Use of recycled materials.
Sec. 157. Aircraft noise primarily caused by military
aircraft.
Sec. 158. Timely announcement of grants.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Service to Airports Not Receiving Sufficient
Service
Sec. 201. Access to high density airports.
Sec. 202. Funding for air carrier service to airports not receiving
sufficient service.
Sec. 203. Waiver of local contribution.
Sec. 204. Policy for air service to rural areas.
Sec. 205. Determination of distance from hub airport.
Subtitle B--Regional Air Service Incentive Program
Sec. 211. Establishment of regional air service incentive
program.
TITLE III--FAA MANAGEMENT REFORM
Sec. 301. Air traffic control system defined.
Sec. 302. Air Traffic Control Oversight Board.
Sec. 303. Chief Operating Officer.
Sec. 304. Federal Aviation Management Advisory Council.
Sec. 305. Environmental streamlining.
Sec. 306. Clarification of regulatory approval process.
Sec. 307. Independent study of FAA costs and allocations.
Sec. 308. Failure to meet rulemaking deadline.
Sec. 309. Federal Procurement Integrity Act.
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. Applicability of Death on the High Seas Act.
TITLE V--SAFETY
Sec. 501. Cargo collision avoidance systems deadlines.
Sec. 502. Records of employment of pilot applicants.
Sec. 503. Whistleblower protection for FAA employees.
Sec. 504. Safety risk mitigation programs.
Sec. 505. Flight operations quality assurance rules.
Sec. 506. Small airport certification.
Sec. 507. Life-limited aircraft parts.
Sec. 508. FAA may fine unruly passengers.
Sec. 509. Report on air transportation oversight system.
Sec. 510. Airplane emergency locators.
Sec. 511. Landfills interfering with air commerce.
Sec. 512. Amendment of statute prohibiting the bringing of hazardous
substances aboard an aircraft.
Sec. 513. Airport safety needs.
Sec. 514. Limitation on entry into maintenance implementation
procedures.
Sec. 515. Occupational injuries of airport workers.
Sec. 516. Airport dispatchers.
Sec. 517. Improved training for airframe and powerplant
mechanics.
TITLE VI--WHISTLEBLOWER PROTECTION
Sec. 601. Protection of employees providing air safety
information.
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. Multiyear procurement contracts.
Sec. 705. Federal Aviation Administration personnel management
system.
Sec. 706. Nondiscrimination in airline travel.
Sec. 707. Joint venture agreement.
Sec. 708. Extension of war risk insurance program.
Sec. 709. General facilities and personnel authority.
Sec. 710. Implementation of article 83 bis of the Chicago
Convention.
Sec. 711. Public availability of airmen records.
Sec. 712. Appeals of emergency revocations of
certificates.
Sec. 713. Government and industry consortia.
Sec. 714. Passenger manifest.
Sec. 715. Cost recovery for foreign aviation services.
Sec. 716. Technical corrections to civil penalty
provisions.
Sec. 717. Waiver under Airport Noise and Capacity Act.
Sec. 718. Metropolitan Washington Airport Authority.
Sec. 719. Acquisition management system.
Sec. 720. Centennial of Flight Commission.
Sec. 721. Aircraft situational display data.
Sec. 722. Elimination of backlog of equal employment opportunity
complaints.
Sec. 723. Newport News, Virginia.
Sec. 724. Grant of easement, Los Angeles, California.
Sec. 725. Regulation of Alaska guide pilots.
Sec. 726. Aircraft repair and maintenance advisory panel.
Sec. 727. Operations of air taxi industry.
Sec. 728. Sense of the Congress concerning completion of
comprehensive national airspace redesign.
Sec. 729. Compliance with requirements.
Sec. 730. Aircraft noise levels at airports.
Sec. 731. FAA consideration of certain State proposals.
Sec. 732. Cincinnati-Municipal Blue Ash Airport.
Sec. 733. Aircraft and aircraft parts for use in responding to oil
spills.
Sec. 734. Discriminatory practices by computer reservations systems
outside the United States.
Sec. 735. Alkali silica reactivity distress.
Sec. 736. Procurement of private enterprise mapping, charting, and
geographic information systems.
Sec. 737. Land use compliance report.
Sec. 738. National transportation data center of
excellence.
Sec. 739. Monroe Regional Airport land conveyance.
Sec. 740. Automated weather forecasting systems.
Sec. 741. Noise study of Sky Harbor Airport, Phoenix,
Arizona.
Sec. 742. Nonmilitary helicopter noise.
TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT
Sec. 803. Air tour management plans for national parks.
Sec. 804. Advisory group.
Sec. 806. Methodologies used to assess air tour noise.
TITLE IX--TRUTH IN BUDGETING
Sec. 902. Budgetary treatment of Airport and Airway Trust
Fund.
Sec. 903. Safeguards against deficit spending out of Airport and
Airway Trust Fund.
Sec. 904. Adjustments to discretionary spending limits.
TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
Sec. 1001. Adjustment of trust fund authorizations.
Sec. 1002. Budget estimates.
Sec. 1003. Sense of the Congress on fully offsetting increased
aviation spending.
TITLE XI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
Sec. 1101. 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. ADMINISTRATOR DEFINED.
In this Act, the term `Administrator' means the Administrator of the
Federal Aviation Administration.
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 through the
period at the end 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) $4,000,000,000 for fiscal year 2001;
`(4) $4,100,000,000 for fiscal year 2002;
`(5) $4,250,000,000 for fiscal year 2003; and
`(6) $4,350,000,000 for fiscal year 2004.'.
(b) OBLIGATIONAL AUTHORITY- Section 47104(c) is amended by striking
`After' and all that follows through `1999,' and inserting `After September
30, 2004,'.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) GENERAL AUTHORIZATION AND APPROPRIATIONS- Effective September 30,
1999, section 48101(a) is amended by striking paragraphs (1), (2), and (3) and
inserting the following:
`(1) Such sums as may be necessary for fiscal year 2000.
`(2) $2,500,000,000 for fiscal year 2001.
`(3) $3,000,000,000 for each of fiscal years 2002 through
2004.'.
(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 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.'.
SEC. 103. FAA OPERATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS FROM GENERAL FUND- Effective
September 30, 1999, section 106(k) is amended--
(1) by inserting `(1) IN GENERAL- ' before `There';
(2) in paragraph (1) (as designated by paragraph (1) of this
subsection) by striking `the Administration' and all that follows through
the period at the end and inserting the following: `the
Administration--
`(A) such sums as may be necessary for fiscal year
2000;
`(B) $6,450,000,000 for fiscal year 2001;
`(C) $6,886,000,000 for fiscal year 2002;
`(D) $7,357,000,000 for fiscal year 2003; and
`(E) $7,860,000,000 for fiscal year 2004.';
(3) by adding at the end the following:
`(2) AUTHORIZED EXPENDITURES- Of the amounts appropriated under
paragraph (1) for fiscal years 2001 through 2004--
`(A) $450,000 per fiscal year may be used for wildlife hazard
mitigation measures and management of the wildlife strike database of the
Federal Aviation Administration;
`(B) such sums as may be necessary may be used to fund an office
within the Federal Aviation Administration dedicated to supporting
infrastructure systems development for both general aviation and the
vertical flight industry;
`(C) such sums as may be necessary may be used 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;
`(D) such sums as may be necessary may be used 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) $3,000,000 per fiscal year may be used to implement the 1998
airport surface operations safety action plan of the Federal Aviation
Administration;
`(F) $2,000,000 per fiscal year may be used to support a
university consortium established to provide an air safety and security
management certificate program, working cooperatively with 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;
`(G) such sums as may be necessary may be used to develop or
improve training programs (including model training programs and
curriculum) for security screeners at airports; and
`(H) such sums as may be necessary for the Secretary to hire
additional inspectors in order to enhance air cargo security programs.';
and
(4) by indenting paragraph (1) (as designated by paragraph (1) of
this subsection) and aligning such paragraph (1) with paragraph (2) (as
added by paragraph (2) of this subsection).
(b) AUTHORIZATION OF APPROPRIATIONS FROM TRUST FUND- Section 48104 is
amended--
(1) by striking subsection (b) and redesignating subsection (c) as
subsection (b);
(2) in subsection (b) (as so redesignated)--
(A) by striking the subsection heading and inserting `GENERAL
RULE: LIMITATION ON TRUST FUND AMOUNTS- '; and
(B) in the matter preceding paragraph (1)--
(i) by striking `The amount' and inserting `Except as provided
in subsection (c), the amount'; and
(ii) by striking `for each of fiscal years 1994 through 1998'
and inserting `for fiscal year 2000 and each fiscal year thereafter';
and
(3) by adding at the end the following:
`(c) SPECIAL RULE FOR FISCAL YEARS 2000-2004-
`(1) IN GENERAL- If the amount appropriated under section 106(k) for
any of fiscal years 2000 through 2004 less the amount that would be
appropriated, but for this subsection, from the Trust Fund for the purposes
of paragraphs (1) and (2) of subsection (a) for such fiscal year is greater
than the general fund cap, the amount appropriated from the Trust Fund for
the purposes of paragraphs (1) and (2) of subsection (a) for such fiscal
year shall equal the amount appropriated under section 106(k) for such
fiscal year less the general fund cap.
`(2) GENERAL FUND CAP DEFINED- In this subsection, the term `general
fund cap' means that portion of the amounts appropriated for programs of the
Federal Aviation Administration for fiscal year 1998 that was derived from
the general fund of the Treasury.
(c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS- Section 48108 is
amended by striking subsection (c).
(d) 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) DISCRETIONARY FUND- Section 47115 is amended by striking
subsections (g) and (h) and inserting the following:
`(g) PRIORITY FOR LETTERS OF INTENT-
`(1) IN GENERAL- Subject to paragraph (2), the Secretary shall
fulfill intentions to obligate under section 47110(e) with amounts available
in the fund established by subsection (a) and, if such amounts are not
sufficient for a fiscal year, with amounts made available to carry out
sections 47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) on a pro rata
basis.
`(2) PROCEDURE- Before apportioning funds under sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of each fiscal year, the
Secretary shall determine the amount of funds that will be necessary to
fulfill intentions to obligate under section 47110(e) in such fiscal year.
If such amount is greater than the amount of funds that will be available in
the fund established by subsection (a) for such fiscal year, the Secretary
shall reduce the amount to be apportioned under such sections for such
fiscal year on a pro rata basis by an amount equal to the
difference.'.
(b) AMOUNTS APPORTIONED TO SPONSORS-
(1) AMOUNTS TO BE APPORTIONED- Effective October 1, 2000, section
47114(c)(1) is amended--
(A) in subparagraph (A) by striking clauses (i) through (v) and
inserting the following:
`(i) $23.40 for each of the first 50,000 passenger boardings at the
airport during the prior calendar year;
`(ii) $15.60 for each of the next 50,000 passenger boardings at the
airport during the prior calendar year;
`(iii) $7.80 for each of the next 400,000 passenger boardings at the
airport during the prior calendar year;
`(iv) $1.95 for each of the next 500,000 passenger boardings at the
airport during the prior calendar year; and
`(v) $1.50 for each additional passenger boarding at the airport
during the prior calendar year.'; and
(B) in subparagraph (B) by striking `$500,000 nor more than
$22,000,000' and inserting `$1,500,000'.
(2) SPECIAL RULES- Section 47114(c)(1) is amended by adding at the
end the following:
`(C) Notwithstanding subparagraph (A), the Secretary shall 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 were less than 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 the
apportionment; and
`(iii) the cause of the decrease 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 airport.
`(D) 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) to the sponsor of such
airport.'.
(c) CARGO ONLY AIRPORTS- Section 47114(c)(2)(A) is amended by striking
`2.5 percent' and inserting `3 percent'.
(d) ENTITLEMENT FOR GENERAL AVIATION AIRPORTS- Effective October 1,
2000, section 47114(d) is amended--
(1) in the subsection heading by striking `TO STATES' and inserting
`FOR GENERAL AVIATION AIRPORTS';
(2) in paragraph (1) by striking `(1) In this' and inserting `(1)
DEFINITIONS- In this';
(3) by indenting paragraph (1) and aligning paragraph (1) (and its
subparagraphs) with paragraph (2) (as amended by paragraph (2) of this
subsection); and
(4) by striking paragraph (2) and inserting the
following:
`(2) APPORTIONMENTS- 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) one-fifth 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 (3), 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 (3), 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.'.
(e) USE OF APPORTIONMENTS FOR ALASKA, PUERTO RICO, AND HAWAII- Section
47114(d)(3) is amended to read as follows:
`(3) SPECIAL RULE- An amount apportioned under paragraph (2) 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.'.
(f) USE OF STATE-APPORTIONED FUNDS FOR SYSTEM PLANNING- Section
47114(d) is amended by adding at the end the following:
`(4) INTEGRATED AIRPORT SYSTEM PLANNING- Notwithstanding paragraph
(2), funds made available under this subsection may be used for integrated
airport system planning that encompasses one or more primary
airports.'.
(g) FLEXIBILITY IN PAVEMENT CONSTRUCTION STANDARDS-
Section 47114(d) is further amended by adding at the end the
following:
`(5) FLEXIBILITY IN PAVEMENT CONSTRUCTION STANDARDS- The Secretary
may permit the use of State highway specifications for airfield pavement
construction using funds made available under this subsection at nonprimary
airports serving aircraft that do not exceed 60,000 pounds gross weight if
the Secretary determines that--
`(A) safety will not be negatively affected; and
`(B) the life of the pavement will not be shorter than it would be
if constructed using Federal Aviation Administration
standards.'.
(h) GRANTS FOR AIRPORT NOISE COMPATIBILITY PLANNING- Section
47117(e)(1) is amended--
(1) in subparagraph (A)--
(A) by striking `31 percent' each place it appears and inserting
`34 percent';
(B) in the first sentence by striking `and for carrying out' and
inserting `, for carrying out'; and
(C) by striking the period at the end of the first sentence and
inserting the following: `, and for noise mitigation projects approved in
the environmental record of decision for an airport development project
under this chapter.'; and
(2) in subparagraph (B) by striking `At least' and all that follows
through `sponsors of current' and inserting `At least 4 percent to sponsors
of current'.
(i) SUPPLEMENTAL APPORTIONMENT FOR ALASKA- Effective October 1, 2000,
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';
(B) by striking `those airports' and inserting `airports in
Alaska'; and
(C) by inserting before the period at the end of the first
sentence `and by increasing the amount so determined for each of those
airports by three times';
(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.'; and
(5) by indenting paragraph (1) and aligning paragraph (1) (and its
subparagraphs) and paragraph (2) with paragraph (3) (as amended by paragraph
(4) of this subsection).
(j) 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) Notwithstanding paragraph (1), the Secretary may authorize under
this section an eligible agency to impose a passenger facility fee in whole
dollar amounts of more than $3 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) 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;
`(B) that the project cannot be paid for from funds reasonably
expected to be available for the programs referred to in section 48103;
and
`(C) that the amount to be imposed is not more than twice that which
may be imposed under paragraph (1).'.
(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
for a 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 the following:
`(1) IN GENERAL- 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 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, 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.'; and
(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.'.
SEC. 106. BUDGET SUBMISSION.
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 copy of the annual budget
estimates of the Federal Aviation Administration, including line item
justifications, at the same time the annual budget estimates are submitted to
the Committees on Appropriations of the Senate and the House of
Representatives.
Subtitle B--Airport Development
SEC. 121. RUNWAY INCURSION PREVENTION DEVICES; 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'.
(b) MAXIMUM USE OF SAFETY FACILITIES- Section 47101(f) is
amended--
(1) by striking `and' at the end of paragraph (9); and
(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'.
SEC. 122. WINDSHEAR DETECTION EQUIPMENT.
Section 47102(3)(B) is further 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;'.
SEC. 123. ENHANCED VISION TECHNOLOGIES.
(a) STUDY- The Administrator shall conduct a study of the feasibility
of requiring United States airports to install enhanced vision technologies to
replace or enhance conventional landing light systems over the 10-year period
following the date of completion of such study.
(b) 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), together with such
recommendations as the Administrator considers appropriate.
(c) INCLUSION OF INSTALLATION AS AIRPORT DEVELOPMENT- Section 47102 is
amended--
(1) in paragraph (3)(B) (as amended by this Act) by adding at the
end the following:
`(viii) enhanced vision technologies that are certified by the
Administrator of the Federal Aviation Administration and that are
intended to replace or enhance conventional landing light systems; and';
and
(2) by adding at the end the following:
`(21) ENHANCED VISION TECHNOLOGIES- The term `enhanced vision
technologies' means laser guidance, ultraviolet guidance, infrared, and cold
cathode technologies.'.
(d) CERTIFICATION- Not later than 180 days after the date of the
enactment of this Act, the Administrator shall transmit to Congress a schedule
for deciding whether or not to certify laser guidance equipment for use as
approach lighting at United States airports and of cold cathode lighting
equipment for use as runway and taxiway lighting at United States airports and
as lighting at United States heliports.
SEC. 124. 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.'.
SEC. 125. COMPETITION PLANS.
(a) 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.'.
(b) CROSS REFERENCE- Section 40117 is amended by adding at the end the
following:
`(j) COMPETITION PLANS- 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.'.
SEC. 126. MATCHING SHARE.
Section 47109(a) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively;
(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;';
(3) by striking `and' at the end of paragraph (3) (as so
redesignated);
(4) by striking the period at the end of paragraph (4) (as so
redesignated) and inserting `; and'; and
(5) by adding at the end the following:
`(5) 100 percent in fiscal year 2001 for any project--
`(A) at an airport other than a primary airport; or
`(B) at a primary airport having less than .05 percent of the
total number of passenger boardings each year at all commercial service
airports.'.
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(j) of this Act) is
amended to read as follows:
`(f) DISCRETIONARY USE OF APPORTIONMENTS-
`(1) IN GENERAL- Subject to paragraph (2), if the Secretary finds
that all or part of an amount of an apportionment under section 47114 is not
required during a fiscal year to fund a grant for which the apportionment
may be used, the Secretary may use during such fiscal year the amount not so
required to make grants for any purpose for which grants may be made under
section 48103. The finding may be based on the notifications that the
Secretary receives under section 47105(f) or on other information received
from airport sponsors.
`(2) RESTORATION OF APPORTIONMENTS-
`(A) IN GENERAL- If the fiscal year for which a finding is made
under paragraph (1) with respect to an apportionment is not the last
fiscal year of availability of the apportionment under subsection (b), the
Secretary shall restore to the apportionment an amount equal to the amount
of the apportionment used under paragraph (1) for a discretionary grant
whenever a sufficient amount is made available under section
48103.
`(B) PERIOD OF AVAILABILITY- If restoration under this paragraph
is made in the fiscal year for which the finding is made or the succeeding
fiscal year, the amount restored shall be subject to the original period
of availability of the apportionment under subsection (b). If the
restoration is made thereafter, the amount restored shall remain available
in accordance with subsection (b) for the original period of availability
of the apportionment, plus the number of fiscal years during which a
sufficient amount was not available for the restoration.
`(3) NEWLY AVAILABLE AMOUNTS-
`(A) RESTORED AMOUNTS TO BE UNAVAILABLE FOR DISCRETIONARY GRANTS-
Of an amount newly available under section 48103 of this title, an amount
equal to the amounts restored under paragraph (2) shall not be available
for discretionary grant obligations under section 47115.
`(B) USE OF REMAINING AMOUNTS- Subparagraph (A) does not impair
the Secretary's authority under paragraph (1), after a restoration under
paragraph (2), to apply all or part of a restored amount that is not
required to fund a grant under an apportionment to fund discretionary
grants.
`(4) LIMITATIONS ON OBLIGATIONS APPLY- Nothing in this subsection
shall be construed to authorize the Secretary to incur grant obligations
under section 47104 for a fiscal year in an amount greater than the amount
made available under section 48103 for such obligations for such fiscal
year.'.
SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) IN GENERAL- Section 47118 is amended--
(1) in subsection (a) by striking `12' and inserting `15 for fiscal
year 2000 and 20 for each fiscal year thereafter';
(2) by striking subsection (c) and redesignating subsections (d)
through (f) as subsections (c) through (e), respectively;
(3) in subsection (c) (as so redesignated)--
(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:
`(f) DESIGNATION OF GENERAL AVIATION AIRPORT- Notwithstanding any
other provision of this section, one airport of the airports designated under
subsection (a) for fiscal year 2000 and three airports for each fiscal year
thereafter shall be general aviation airports that were former military
installations closed or realigned under a section referred to in subsection
(a)(1).'.
(b) TERMINAL BUILDING FACILITIES- Section 47118(d) (as redesignated by
subsection (a)(2) of this section) is amended by striking `$5,000,000' and
inserting `$7,000,000'.
(c) ELIGIBILITY OF AIR CARGO TERMINALS- Section 47118(e) (as
redesignated by subsection (a)(2) of this section) 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 Administrator of the Federal Aviation
Administration, that do not qualify for the Contract Tower program
established under subsection (a) and continued under paragraph (1)
(hereafter in this paragraph referred to as the `Contract Tower
Program').
`(B) PROGRAM COMPONENTS- In carrying out the pilot program
established under subparagraph (A), the Administrator
shall--
`(i) utilize for purposes of cost-benefit analyses, current,
actual, site-specific data, forecast estimates, or airport master plan
data provided by a facility owner or operator and verified by the
Administrator;
`(ii) approve for participation only facilities willing to fund
a pro rata share of the operating costs of the air traffic control tower
to achieve a one-to-one benefit-to-cost ratio, as required for
eligibility under the Contract Tower Program; and
`(iii) approve for participation no more than two facilities
willing to fund up to 50 percent, but not less than 25 percent, of
construction costs for an air traffic control tower built by the airport
operator and for each of such facilities the Federal share of
construction cost does not exceed $1,100,000.
`(C) PRIORITY- In selecting facilities to participate in the
program under this paragraph, the Administrator shall give priority to the
following:
`(i) Air traffic control towers that are participating in the
Contract Tower Program but have been notified that they will be
terminated from such program because the Administration has determined
that the benefit-to-cost ratio for their continuation in such program is
less than 1.0.
`(ii) Air traffic control towers that the Administrator
determines have a benefit-to-cost ratio of at least
.85.
`(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 that are 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 that are located at airports
with safety or operational problems related to topography, weather,
runway configuration, or mix of aircraft.
`(D) COSTS EXCEEDING BENEFITS- If the costs of operating an air
traffic tower under the pilot program established under this paragraph
exceed the benefits, the airport sponsor or State or local government
having jurisdiction over the airport shall pay the portion of the costs
that exceed such benefit.
`(E) FUNDING- Of the amounts appropriated pursuant to section
106(k), not to exceed $6,000,000 per fiscal year may be used to carry out
this paragraph.'.
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 25 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.
`(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;
and
`(C) flexible non-Federal matching requirements.'.
(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. AVIATION SECURITY PROGRAM.
(a) IN GENERAL- Subchapter I of chapter 471 is further amended by
adding the following new section:
`Sec. 47136. Aviation 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 security, including 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, test bed 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:
`47136. Aviation security program.'.
SEC. 134. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT
PROGRAM.
(a) IN GENERAL- Subchapter I of chapter 471 is further amended by
adding at the end the following:
`Sec. 47137. Inherently low-emission airport vehicle pilot
program
`(a) IN GENERAL- The Secretary of Transportation shall carry out a
pilot program at not more than 10 public-use airports under which the sponsors
of such airports may use funds made available under section 48103 for use at
such airports to carry out inherently low-emission vehicle activities.
Notwithstanding any other provision of this subchapter, inherently
low-emission vehicle activities shall for purposes of the pilot program be
treated as eligible for assistance under this subchapter.
`(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS- A public-use airport
shall be eligible for participation in the pilot program only if the airport
is located in an air quality nonattainment area (as defined in section 171(2)
of the Clean Air Act (42 U.S.C. 7501(d)).
`(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) 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 to exceed 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, a
sponsor 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).
`(e) 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.
`(f) MAXIMUM AMOUNT- Not more than $2,000,000 may be expended under
the pilot program at any single public-use airport.
`(g) 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 an evaluation of the effectiveness of the pilot program.
`(h) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY DEFINED- In this
section, the term `inherently low-emission vehicle activity' means--
`(1) the construction of infrastructure facilities necessary for the
use of vehicles that are certified as inherently low-emission vehicles under
title 40 of the Code of Federal Regulations, that are labeled in accordance
with section 88.312-93(c) of such title, and that are located or primarily
used at public-use airports;
`(2) the payment of that portion of the cost of acquiring such
vehicles that exceeds the cost of acquiring other vehicles that would be
used for the same purpose; or
`(3) the acquisition of technological equipment necessary for the
use of vehicles described in paragraph (1).'.
(b) CONFORMING AMENDMENT- The analysis for subchapter I of chapter 471
is further amended by adding at the end the following:
`47137. Inherently low-emission airport vehicle pilot
program.'.
SEC. 135. TECHNICAL AMENDMENTS.
(a) CONTINUATION OF PROJECT FUNDING- Section 47108 is amended by
adding at the end the following:
`(e) CHANGE IN AIRPORT STATUS- In the event that the status of a
primary airport changes to a nonprimary airport at a time when a terminal
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.'.
(b) PASSENGER FACILITY FEE WAIVER FOR CERTAIN CLASS OF CARRIERS OR FOR
SERVICE TO AIRPORTS IN ISOLATED COMMUNITIES- Section 40117(i) is
amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting
`; and'; and
(3) by adding at the end the following:
`(3) may permit a public agency to request that collection of a
passenger facility fee be waived for--
`(A) passengers enplaned by any class of air carrier or foreign
air carrier if the number of passengers enplaned by the carrier in the
class constitutes not more than 1 percent of the total number of
passengers enplaned annually at the airport at which the fee is imposed;
or
`(B) passengers traveling to an airport--
`(i) that has fewer than 2,500 passenger boardings each year and
receives scheduled passenger service; and
`(ii) in a community which has a population of less than 10,000
and is not connected by a land highway to the land-connected National
Highway System within a State.'.
SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIRPORTS.
(a) PROJECT GRANT ASSURANCES- Section 47107(h) is amended by inserting
`(including an assurance with respect to disposal of land by an airport owner
or operator under subsection (c)(2)(B) without regard to whether or not the
assurance or grant was made before December 29, 1987)' after `1987'.
(b) CONVEYANCES OF UNITED STATES GOVERNMENT LAND- Section 47125(a) is
amended by adding at the end the following: `The Secretary may only release an
option of the United States for a reversionary interest under this subsection
after providing notice and an opportunity for public comment. The Secretary
shall publish in the Federal Register any decision of the Secretary to release
a reversionary interest and the reasons for the decision.'.
(c) REQUESTS BY PUBLIC AGENCIES- Section 47151 is amended by adding at
the end the following:
`(d) 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) for
use at a public airport.'.
(d) NOTICE AND PUBLIC COMMENT; PUBLICATION OF DECISIONS- Section
47153(a) is amended--
(1) in paragraph (1) by inserting `, after providing notice and an
opportunity for public comment,' after `if the Secretary decides';
and
(2) by adding at the end the following:
`(3) PUBLICATION OF DECISIONS- The Secretary shall publish in the
Federal Register any decision to waive a term under paragraph (1) and the
reasons for the decision.'.
(e) CONSIDERATIONS- Section 47153 is amended by adding at the end the
following:
`(c) CONSIDERATIONS- In deciding whether to waive a term required by
section 47152 or add another term, the Secretary shall consider the current
and future needs of the users of the airport.'.
(f) 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. 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 between
airports and other transportation modes and systems to promote economic
development in a way that will serve States and local communities
efficiently and effectively;'.
(b) AIRPORT DEVELOPMENT DEFINED- Section 47102(3) is further amended
by adding at the end the following:
`(I) constructing, reconstructing, or improving an airport, or
purchasing capital equipment for an airport, for the purpose of
transferring passengers, cargo, or baggage between the airport and ground
transportation modes.'.
SEC. 138. STATE BLOCK GRANT PROGRAM.
Section 47128(a) is amended by striking `9 qualified' and inserting
`10 qualified'.
SEC. 139. ENGINEERED MATERIALS ARRESTING SYSTEMS.
(a) ELIGIBILITY- Section 47102(3)(B) (as amended by this Act) is
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.'.
(b) RULEMAKING- The Administrator shall initiate a rulemaking
proceeding to consider revisions to part 139 of title 14, Code of Federal
Regulations, to improve runway safety through the use of engineered materials
arresting systems, longer runways, and such other techniques as the
Administrator considers appropriate.
Subtitle C--Miscellaneous
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED
PROJECTS.
Section 40117(a)(3)(E) is amended--
(1) by striking `and' and inserting a comma; and
(2) by striking the period at the end and inserting the following:
`(including structural foundations and floor systems, exterior building
walls and load-bearing interior columns or walls, windows, door and roof
systems, and building utilities (including heating, air conditioning,
ventilation, plumbing, and electrical service)), and aircraft fueling
facilities adjacent to the gate.'.
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) REPAYING BORROWED MONEY- Section 47119(a) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking `0.05' and inserting `0.25'; and
(B) by striking `between January 1, 1992, and October 31, 1992,'
and inserting `between August 1, 1986, and September 30, 1990, or between
June 1, 1991, and October 31, 1992,'; and
(2) in paragraph (1)(B) by striking `an airport development project
outside the terminal area at that airport' and inserting `any needed airport
development project affecting safety, security, or capacity'.
(c) NONHUB AIRPORTS- Section 47119(c) is amended by striking `0.05'
and inserting `0.25'.
(d) NONPRIMARY COMMERCIAL SERVICE AIRPORTS- Section 47119 is amended
by adding at the end the following:
`(d) DETERMINATION OF PASSENGER BOARDING AT COMMERCIAL SERVICE
AIRPORT- 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. GENERAL FACILITIES AUTHORITY.
(a) 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'.
(b) LORAN-C NAVIGATION FACILITIES- Section 44502(a) is amended by
adding at the end the following:
`(5) MAINTENANCE AND UPGRADE OF LORAN-C NAVIGATION FACILITIES- The
Secretary shall maintain and upgrade Loran-C navigation facilities
throughout the transition period to satellite-based navigation.'.
SEC. 154. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.
Section 44706 is amended by adding at the end the following:
`(g) INCLUDED CHARTER AIR TRANSPORTATION- For the purposes of
subsection (a)(2), a scheduled passenger operation includes 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.
`(h) AUTHORITY TO PRECLUDE SCHEDULED PASSENGER OPERATIONS- The
Administrator shall permit an airport that will be subject to certification
under subsection (a)(2) to preclude scheduled passenger operations (including
public charter operations described in subsection (g)) at the airport if the
airport notifies the Administrator, in writing, that it does not intend to
obtain an airport operating certificate.'.
SEC. 155. CONSTRUCTION OF RUNWAYS.
Notwithstanding any provision of law that specifically restricts the
number of runways at a single international airport, the Secretary of
Transportation 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. 156. 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 under this
section 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 conducted under this section together with recommendations
concerning the use of recycled materials in aviation pavement.
(d) FUNDING- Of the amounts appropriated pursuant to section 106(k),
not to exceed $1,500,000 in the aggregate may be used to carry out this
section.
SEC. 157. 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
Administrator 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. 158. TIMELY ANNOUNCEMENT OF GRANTS.
The Secretary of Transportation shall announce the making of grants
with funds made available under section 48103 of title 49, United States Code,
in a timely fashion after receiving necessary documentation for the making of
such grants from the Administrator.
TITLE II--AIRLINE SERVICE IMPROVEMENTS
Subtitle A--Service to Airports Not Receiving Sufficient
Service
SEC. 201. ACCESS TO HIGH DENSITY AIRPORTS.
(a) PHASEOUT OF SLOT RULE FOR O'HARE, LAGUARDIA, AND KENNEDY AIRPORTS-
Section 41714 is amended by adding at the end the following:
`(j) PHASEOUT OF SLOT RULE FOR O'HARE, LAGUARDIA, AND KENNEDY
AIRPORTS-
`(1) O'HARE AIRPORT- The slot rule shall be of no force and effect
at O'Hare International Airport--
`(A) effective March 1, 2000--
`(i) with respect to a regional jet aircraft providing air
transportation between O'Hare International Airport and a small hub or
nonhub airport--
`(I) if the operator of the regional jet aircraft was not
providing such air transportation during the week of June 15, 1999;
or
`(II) if the level of air transportation to be provided
between such airports by the operator of the regional jet aircraft
during any week will exceed the level of air transportation provided
by such operator between such airports during the week of June 15,
1999; and
`(ii) with respect to any aircraft providing foreign air
transportation;
`(B) effective March 1, 2001, with respect to any aircraft
operating before 2:45 post meridiem and after 8:15 post meridiem;
and
`(C) effective March 1, 2002, with respect to any
aircraft.
`(2) LAGUARDIA AND KENNEDY- The slot rule shall be of no force and
effect at LaGuardia Airport or John F. Kennedy International
Airport--
`(A) effective March 1, 2000, with respect to a regional jet
aircraft providing air transportation between LaGuardia Airport or John F.
Kennedy International Airport and a small hub or nonhub
airport--
`(I) if the operator of the regional jet aircraft was not
providing such air transportation during the week of June 15, 1999;
or
`(II) if the level of air transportation to be provided
between such airports by the operator of the regional jet aircraft
during any week will exceed the level of air transportation provided
by such operator between such airports during the week of June 15,
1999; and
`(B) effective January 1, 2007, with respect to any
aircraft.'.
(b) ADDITIONAL EXEMPTIONS FROM SLOT RULE- Section 41714 is amended by
striking subsections (e) and (f) and inserting the following:
`(e) ADDITIONAL EXEMPTIONS FROM SLOT RULE-
`(1) SLOT EXEMPTIONS FOR AIRPORTS NOT RECEIVING SUFFICIENT SERVICE-
`(A) IN GENERAL- Notwithstanding chapter 491, the Secretary may by
order grant exemptions from the slot rule for Ronald Reagan Washington
National Airport and O'Hare International Airport to enable air carriers
to provide nonstop air transportation using jet aircraft that comply with
the stage 3 noise levels of part 36 of title 14, Code of Federal
Regulations, between the airport and a small hub or nonhub airport that
the Secretary determines has (i) insufficient air carrier service to and
from Reagan National Airport or O'Hare International Airport, as the case
may be, or (ii) unreasonably high airfares.
`(B) NUMBER OF SLOT EXEMPTIONS TO BE GRANTED-
`(I) MAXIMUM NUMBER OF EXEMPTIONS- No more than 2 exemptions
from the slot rule per hour and no more than 6 exemptions from the
slot rule per day may be granted under this paragraph for Ronald
Reagan Washington National Airport.
`(II) MAXIMUM DISTANCE OF FLIGHTS- An exemption from the slot
rule may be granted under this paragraph for Ronald Reagan Washington
National Airport only if the flight utilizing the exemption begins or
ends within 1,250 miles of such airport and a stage 3 aircraft is used
for such flight.
`(ii) O'HARE AIRPORT- 20 exemptions from the slot rule per day
shall be granted under this paragraph for O'Hare International
Airport.
`(2) SLOT EXEMPTIONS AT O'HARE FOR NEW ENTRANT AIR CARRIERS-
`(A) IN GENERAL- The Secretary shall grant 30 exemptions from the
slot rule to enable new entrant air carriers to provide air transportation
at O'Hare International Airport using stage 3 aircraft.
`(B) PRIORITY CONSIDERATION- In granting exemptions under this
paragraph, the Secretary shall give priority consideration to an
application from an air carrier that, as of June 15, 1999, operated or
held fewer than 20 slots at O'Hare International Airport.
`(3) INSUFFICIENT APPLICATIONS- If, on the 180th day following the
date of the enactment of the Aviation Investment and Reform Act for the 21st
Century, the Secretary has not granted all of the exemptions from the slot
rule made available under this subsection at an airport because an
insufficient number of eligible applicants have submitted applications for
the exemptions, the Secretary may grant the remaining exemptions at the
airport to any air carrier applying for the exemptions for the provision of
any type of air transportation. An exemption granted under paragraph (1) or
(2) pursuant to this paragraph may be reclaimed by the Secretary for
issuance in accordance with the terms of paragraph (1) or (2), as the case
may be, if subsequent applications under paragraph (1) or (2), as the case
maybe, so warrant.
`(f) REQUIREMENTS RELATING TO ADDITIONAL SLOT EXEMPTIONS-
`(1) APPLICATIONS- An air carrier interested in obtaining an
exemption from the slot rule under subsection (e) shall submit to the
Secretary an application for the exemption. No application may be submitted
to the Secretary under subsection (e) before the last day of the 30-day
period beginning on the date of the enactment of the Aviation Investment and
Reform Act for the 21st Century.
`(2) PERIOD OF EFFECTIVENESS- An exemption from the slot rule
granted under subsection (e) shall remain in effect only while the air
carrier for whom the exemption is granted continues to provide the air
transportation for which the exemption is granted.
`(3) TREATMENT OF CERTAIN COMMUTER AIR CARRIERS- The Secretary shall
treat all commuter air carriers that have cooperative agreements, including
code share agreements with other air carriers, equally for determining
eligibility for exemptions from the slot rule under subsection (e)
regardless of the form of the corporate relationship between the commuter
air carrier and the other air carrier.'.
(1) IN GENERAL- Section 41714(h) is amended by adding at the end the
following:
`(5) 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.
`(6) REGIONAL JET AIRCRAFT- The term `regional jet aircraft' means a
2-engine jet aircraft with a design capacity of 70 or fewer seats,
manufactured after January 1, 1992, that has an effective perceived noise
level on takeoff not exceeding 83 decibels when measured according to the
procedures described in part 36 of title 14, Code of Federal
Regulations.
`(7) SLOT RULE- The term `slot rule' means the requirements of
subparts K and S of part 93 of title 14, Code of Federal
Regulations.
`(8) 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.
`(9) UNREASONABLY HIGH AIRFARE- The term `unreasonably high
airfare', as used with respect to an airport, means that the airfare listed
in the table entitled `Top 1,000 City-Pair Market Summarized by City',
contained in the Domestic Airline Fares Consumer Report of the Department of
Transportation, for one or more markets for which the airport is a part of
has an average yield listed in such table that is more than 19
cents.'.
(2) REGULATORY DEFINITION OF LIMITED INCUMBENT CARRIER- The
Secretary shall modify the definition of the term `limited incumbent
carrier' in subpart S of part 93 of title 14, Code of Federal Regulations,
to require an air carrier or commuter operator to hold or operate fewer than
20 slots (instead of 12 slots) to meet the criteria of the definition. For
purposes of this section, such modification shall be treated as in effect on
the date of the enactment of this Act.
(d) PROHIBITION ON SLOT WITHDRAWALS- Section 41714(b) is
amended--
(A) by inserting `at O'Hare International Airport' after `a slot';
and
(B) by striking `if the withdrawal' and all that follows before
the period; and
(2) by striking paragraph (4) and inserting the
following:
`(4) CONVERSION OF SLOTS- Effective March 1, 2000, slots at O'Hare
International Airport allocated to an air carrier as of June 15, 1999, to
provide foreign air transportation shall be made available to such carrier
to provide interstate or intrastate air transportation.'.
(e) CONFORMING AMENDMENTS- Section 41714(c) is amended--
(1) by striking `SLOTS FOR NEW ENTRANTS- ' and all that follows
through `If the' and inserting `SLOTS FOR NEW ENTRANTS- If the';
and
(2) by striking paragraph (2).
(f) AMENDMENTS REFLECTING PHASEOUT OF SLOT RULE FOR CERTAIN AIRPORTS-
Effective January 1, 2007, section 41714 is amended--
(1) by striking subsections (a), (b), (c), (e), (f), (g), (h), and
(i);
(2) by redesignating subsections (d) and (j) as subsections (a) and
(b), respectively;
(3) in the heading for subsection (a) (as so redesignated) by
striking `SPECIAL RULES FOR'; and
(4) by adding at the end the following:
`(1) 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.
`(2) REGIONAL JET AIRCRAFT- The term `regional jet aircraft' means a
2-engine jet aircraft with a design capacity of 70 or fewer seats,
manufactured after January 1, 1992, that has an effective perceived noise
level on takeoff not exceeding 83 decibels when measured according to the
procedures described in part 36 of title 14, Code of Federal
Regulations.
`(3) SLOT- The term `slot' means a reservation for an instrument
flight rule takeoff or landing by an air carrier or an aircraft in air
transportation.'.
`(4) SLOT RULE- The term `slot rule' means the requirements of
subparts K and S of part 93 of title 14, Code of Federal Regulations
(pertaining to slots at high density airports).
`(5) 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.
`(6) UNREASONABLY HIGH AIRFARE- The term `unreasonably high
airfare', as used with respect to an airport, means that the airfare listed
in the table entitled `Top 1,000 City-Pair Market Summarized by City',
contained in the Domestic Airline Fares Consumer Report of the Department of
Transportation, for one or more markets for which the airport is a part of
has an average yield listed in such table that is more than 19
cents.'.
SEC. 202. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING
SUFFICIENT SERVICE.
(a) FUNDING FOR AIRPORTS NOT RECEIVING SUFFICIENT SERVICE- Chapter 417
is amended by adding at the end the following:
`Sec. 41743. Airports not receiving sufficient service
`(a) TYPES OF ASSISTANCE- The Secretary of Transportation 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 jet
aircraft service (and to promote passenger use of that 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.
`(b) PRIORITY CRITERIA FOR ASSISTING AIRPORTS NOT RECEIVING SUFFICIENT
SERVICE- In providing assistance to airports under subsection (a), the
Secretary shall give priority to those airports for which a community will
provide, from local sources (other than airport revenues), a portion of the
cost of the activity to be assisted.
`(c) DEFINITIONS- In this section, the following definitions
apply:
`(1) UNDERSERVED AIRPORT- The term `underserved airport' means a
nonhub airport or small hub airport (as such terms are defined in section
41731) that--
`(A) the Secretary determines is not receiving sufficient air
carrier service; or
`(B) has unreasonably high airfares.
`(2) UNREASONABLY HIGH AIRFARE- The term `unreasonably high
airfare', as used with respect to an airport, means that the airfare listed
in the table entitled `Top 1,000 City-Pair Market Summarized by City',
contained in the Domestic Airline Fares Consumer Report of the Department of
Transportation, for one or more markets for which the airport is a part of
has an average yield listed in such table that is more than 19
cents.
`(d) AUTHORITY TO MAKE AGREEMENTS AND INCUR OBLIGATIONS-
`(1) IN GENERAL- The Secretary may make agreements and incur
obligations from the Airport and Airway Trust Fund to provide assistance
under this section. An agreement by the Secretary under this subsection is a
contractual obligation of the Government to pay the Government's share of
the compensation. Contract authority made available by this paragraph shall
be subject to an obligation limitation.
`(2) AMOUNTS MADE AVAILABLE- There shall be available to the
Secretary out of the Fund not more than $25,000,000 for each of fiscal years
2000 through 2004 to incur obligations under this section. Amounts made
available under this section shall remain available until
expended.'.
(c) CONFORMING AMENDMENT- The analysis for chapter 417 is amended by
adding at the end the following:
`41743. Airports not receiving sufficient service.'.
SEC. 203. WAIVER OF LOCAL CONTRIBUTION.
Section 41736(b) is amended by adding at the end the
following:
`Paragraph (4) shall not apply to any place for which a proposal was
approved or that was designated as eligible under this section in the period
beginning on October 1, 1991, and ending on December 31, 1997.'.
SEC. 204. 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. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.
The Secretary of Transportation shall not deny assistance with respect
to a place under subchapter II of chapter 417 of title 49, United States Code,
solely on the basis that the place 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.
Subtitle B--Regional Air Service Incentive
Program
SEC. 211. ESTABLISHMENT OF REGIONAL AIR SERVICE INCENTIVE
PROGRAM.
(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, 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 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 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 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 2004, 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.
TITLE III--FAA MANAGEMENT REFORM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.
Section 40102(a) is amended--
(1) by redesignating paragraphs (5) through (41) as paragraphs (6)
through (42), respectively; and
(2) by inserting after paragraph (4) the following:
`(5) `air traffic control system' means the combination of elements
used to safely and efficiently monitor, direct, control, and guide aircraft
in the United States and United States-assigned airspace,
including--
`(A) allocated electromagnetic spectrum and physical, real,
personal, and intellectual property assets making up facilities,
equipment, and systems employed to detect, track, and guide aircraft
movement;
`(B) laws, regulations, orders, directives, agreements, and
licenses;
`(C) published procedures that explain required actions,
activities, and techniques used to ensure adequate aircraft separation;
and
`(D) trained personnel with specific technical capabilities to
satisfy the operational, engineering, management, and planning
requirements for air traffic control.'.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT BOARD.
(1) IN GENERAL- Chapter 1 is amended by adding at the end the
following:
`Sec. 113. Air Traffic Control Oversight Board
`(a) ESTABLISHMENT- There is established within the Department of
Transportation an `Air Traffic Control Oversight Board' (in this section
referred to as the `Oversight Board').
`(1) COMPOSITION- The Oversight Board shall be composed of nine
members, as follows:
`(A) Six members shall be individuals who are not otherwise
Federal officers or employees and who are appointed by the President, by
and with the advice and consent of the Senate.
`(B) One member shall be the Secretary of Transportation or, if
the Secretary so designates, the Deputy Secretary of the
Transportation.
`(C) One member shall be the Administrator of the Federal Aviation
Administration.
`(D) One member shall be an individual who is appointed by the
President, by and with the advice and consent of the Senate, from among
individuals who are the leaders of their respective unions of air traffic
control system employees.
`(2) QUALIFICATIONS AND TERMS-
`(A) QUALIFICATIONS- Members of the Oversight Board described in
paragraph (1)(A) 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 three members of the Oversight Board appointed under
paragraph (1)(A) should have knowledge of, or a background in, aviation.
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) of clause (iii).
`(B) PROHIBITIONS- No member of the Oversight Board described in
paragraph (1)(A) may--
`(i) have a pecuniary interest in, or own stock in or bonds of,
an aviation or aeronautical enterprise;
`(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.
`(C) TERMS FOR AIR TRAFFIC CONTROL REPRESENTATIVES- A member
appointed under paragraph (1)(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 (1)(D).
`(D) TERMS FOR NONFEDERAL OFFICERS OR EMPLOYEES- A member
appointed under paragraph (1)(A) shall be appointed for a term of 5 years,
except that of the members first appointed under paragraph
(1)(A)--
`(i) two members shall be appointed for a term of 3
years;
`(ii) two members shall be appointed for a term of 4 years;
and
`(iii) two members shall be appointed for a term of 5
years.
`(E) REAPPOINTMENT- An individual may not be appointed under
paragraph (1)(A) to more than two 5-year terms on the Oversight
Board.
`(F) VACANCY- Any vacancy on the Oversight Board shall be filled
in the same manner as the original appointment. 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.
`(3) ETHICAL CONSIDERATIONS-
`(A) FINANCIAL DISCLOSURE- During the entire period that an
individual appointed under subparagraph (A) or (D) of paragraph (1) is a
member of the Oversight Board, 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.
`(B) RESTRICTIONS ON POST-EMPLOYMENT- For purposes of section
207(c) of title 18, an individual appointed under subparagraph (A) or (D)
of paragraph (1) 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 Board, except that subsections (c)(2)(B) and (f) of section
207 of such title shall not apply.
`(C) WAIVER- At the time the President nominates an individual for
appointment as a member of the Oversight Board under paragraph (1)(D), the
President may waive for the term of the member any appropriate provision
of chapter 11 of title 18, to the extent such waiver is necessary to allow
the member to participate in the decisions of the Board while continuing
to serve as a full-time Federal employee or a representative of employees.
Any such waiver shall not be effective unless a written intent of waiver
to exempt such member (and actual waiver language) is submitted to the
Senate with the nomination of such member.
`(4) QUORUM- Five members of the Oversight Board shall constitute a
quorum. A majority of members present and voting shall be required for the
Oversight Board to take action.
`(5) REMOVAL- Any member of the Oversight Board appointed under
subparagraph (A) or (D) of paragraph (1) may be removed for cause by the
President.
`(A) IN GENERAL- A member of the Oversight Board appointed under
subparagraph (A) or (D) of paragraph (1) 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 Oversight Board.
`(B) EFFECT ON OTHER LAW- This paragraph shall not be
construed--
`(i) to affect any other immunity or protection that may be
available to a member of the Oversight Board 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.
`(c) GENERAL RESPONSIBILITIES-
`(1) OVERSIGHT- The Oversight Board shall oversee the Federal
Aviation Administration in its administration, management, conduct,
direction, and supervision of the air traffic control system.
`(2) CONFIDENTIALITY- The Oversight Board shall ensure that
appropriate confidentiality is maintained in the exercise of its
duties.
`(d) SPECIFIC RESPONSIBILITIES- The Oversight Board shall have the
following specific responsibilities:
`(1) STRATEGIC PLANS- To review, approve, and monitor achievements
under a strategic plan of the Federal Aviation Administration for the air
traffic control system, including the establishment of--
`(A) a mission and objectives;
`(B) standards of performance relative to such mission and
objectives, including safety, efficiency, and productivity;
and
`(C) annual and long-range strategic plans.
`(2) MODERNIZATION AND IMPROVEMENT- To review and
approve--
`(A) methods of the Federal Aviation Administration to accelerate
air traffic control modernization and improvements in aviation safety
related to air traffic control; and
`(B) procurements of air traffic control equipment by the Federal
Aviation Administration in excess of $100,000,000.
`(3) OPERATIONAL PLANS- To review the operational functions of the
Federal Aviation Administration, including--
`(A) plans for modernization of the air traffic control
system;
`(B) plans for increasing productivity or implementing cost-saving
measures; and
`(C) plans for training and education.
`(A) review and approve the Administrator's appointment of a Chief
Operating Officer under section 106(r);
`(B) review the Administrator's selection, evaluation, and
compensation of senior executives of the Federal Aviation Administration
who have program management responsibility over significant functions of
the air traffic control system;
`(C) review and approve the Administrator's plans for any major
reorganization of the Federal Aviation Administration that would impact on
the management of the air traffic control system;
`(D) 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
`(E) review the performance and cooperation of managers
responsible for major acquisition projects, including the ability of the
managers to meet schedule and budget targets.
`(A) review and approve the budget request of the Federal Aviation
Administration related to the air traffic control system prepared by the
Administrator;
`(B) submit such budget request to the Secretary of
Transportation; and
`(C) ensure that the budget request supports the annual and
long-range strategic plans.
The Secretary shall submit the budget request referred to in paragraph
(5)(B) for any fiscal year to the President who shall submit such request,
without revision, to the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate, together with
the President's annual budget request for the Federal Aviation Administration
for such fiscal year.
`(e) REPORTING OF OVERTURNING OF BOARD DECISIONS- If the Secretary or
Administrator overturns a decision of the Oversight Board, the Secretary or
Administrator, as appropriate 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.
`(f) BOARD PERSONNEL MATTERS-
`(1) COMPENSATION OF MEMBERS-
`(A) IN GENERAL- Each member of the Oversight Board
who--
`(i) appointed under subsection (b)(1)(A); or
`(ii) appointed under subsection (b)(1)(D) and is not otherwise
a Federal officer or employee,
shall be compensated at a rate of $30,000 per year. All other
members shall serve without compensation for such service.
`(B) CHAIRPERSON- Notwithstanding subparagraph (A), the
chairperson of the Oversight Board shall be compensated at a rate of
$50,000 per year.
`(A) IN GENERAL- The members of the Oversight Board shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of chapter
57 of title 5, to attend meetings of the Oversight Board and, with the
advance approval of the chairperson of the Oversight Board, while
otherwise away from their homes or regular places of business for purposes
of duties as a member of the Oversight Board.
`(B) REPORT- The Oversight Board shall include in its annual
report under subsection (g)(3)(A) information with respect to the travel
expenses allowed for members of the Oversight Board under this
paragraph.
`(A) IN GENERAL- The chairperson of the Oversight Board may
appoint and terminate any personnel that may be necessary to enable the
Board to perform its duties.
`(B) DETAIL OF GOVERNMENT EMPLOYEES- Upon request of the
chairperson of the Oversight Board, a Federal agency shall detail a United
States Government employee to the Oversight Board without reimbursement.
Such detail shall be without interruption or loss of civil service status
or privilege.
`(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The
chairperson of the Oversight Board may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
`(g) ADMINISTRATIVE MATTERS-
`(A) TERM- The members of the Oversight Board shall elect for a
2-year term a chairperson from among the members appointed under
subsection (b)(1)(A).
`(B) POWERS- Except as otherwise provided by a majority vote of
the Oversight Board, 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.
`(2) MEETINGS- The Oversight Board shall meet at least quarterly and
at such other times as the chairperson determines appropriate.
`(A) ANNUAL- The Oversight Board shall each year report with
respect to the conduct of its responsibilities under this title 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.
`(B) ADDITIONAL REPORT- Upon a determination by the Oversight
Board under subsection (c)(1) that the organization and operation of the
Federal Aviation Administration's air traffic control system are not
allowing the Federal Aviation Administration to carry out its mission, the
Oversight Board shall report such determination to the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
`(C) COMPTROLLER GENERAL'S REPORT- Not later than April 30, 2004,
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 Oversight Board in improving
the performance of the air traffic control system.'.
(2) CONFORMING AMENDMENT- The analysis for chapter 1 is amended by
adding at the end the following:
`113. Air Traffic Control Oversight Board.'.
(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 CONTROL OVERSIGHT BOARD- The
President shall submit the initial nominations of the air traffic control
oversight board to the Senate not later than 3 months after the date of the
enactment of this Act.
(3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT OF OVERSIGHT BOARD-
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 Control Oversight Board.
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
approval of the Air Traffic Control Oversight Board established by section
113. The Chief Operating Officer shall report directly to the
Administrator and shall be subject to the authority of the
Administrator.
`(B) QUALIFICATIONS- The Chief Operating Officer shall have a
demonstrated ability in management and knowledge of or experience in
aviation.
`(C) TERM- The Chief Operating Officer shall be appointed for a
term of 5 years.
`(D) REMOVAL- The Chief Operating Officer shall serve at the
pleasure of the Administrator, except that the Administrator shall make
every effort to ensure stability and continuity in the leadership of the
air traffic control system.
`(E) VACANCY- Any individual appointed to fill a vacancy in the
position of Chief Operating Officer occurring before the expiration of the
term for which the individual's predecessor was appointed shall be
appointed for the remainder of that term.
`(2) ANNUAL PERFORMANCE AGREEMENT- The Administrator and the Chief
Operating Officer, in consultation with the Air Traffic Control Oversight
Board, shall enter into an annual performance agreement that sets forth
measurable organization and individual goals for the Chief Operating Officer
in key operational areas. The agreement shall be subject to review and
renegotiation on an annual basis.
`(3) ANNUAL PERFORMANCE REPORT- The Chief Operating Officer shall
prepare and submit to the Secretary of Transportation and Congress an annual
management report containing such information as may be prescribed by the
Secretary.'.
SEC. 304. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.
(a) MEMBERSHIP- Section 106(p)(2)(C) is amended to read as
follows:
`(C) 13 members representing aviation interests, appointed
by--
`(i) in the case of initial appointments to the Council, the
President by and with the advice and consent of the Senate;
and
`(ii) in the case of subsequent appointments to the Council, the
Secretary of Transportation.'.
(b) TERMS OF MEMBERS- Section 106(p)(6)(A)(i) is amended by striking
`by the President'.
SEC. 305. ENVIRONMENTAL STREAMLINING.
(a) COORDINATED ENVIRONMENTAL REVIEW PROCESS-
(1) DEVELOPMENT AND IMPLEMENTATION- The Secretary shall develop and
implement a coordinated environmental review process for aviation
infrastructure projects that require--
(A) the preparation of an environmental impact statement or
environmental assessment under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), except that the Secretary may decide not to
apply this section to the preparation of an environmental assessment under
such Act; or
(B) the conduct of any other environmental review, analysis,
opinion, or issuance of an environmental permit, license, or approval by
operation of Federal law.
(2) MEMORANDUM OF UNDERSTANDING-
(A) IN GENERAL- The coordinated environmental review process for
each project shall ensure that, whenever practicable (as specified in this
section), all environmental reviews, analyses, opinions, and any permits,
licenses, or approvals that must be issued or made by any Federal agency
for the project concerned shall be conducted concurrently and completed
within a cooperatively determined time period. Such process for a project
or class of project may be incorporated into a memorandum of understanding
between the Department of Transportation and Federal agencies (and, where
appropriate, State agencies).
(B) ESTABLISHMENT OF TIME PERIODS- In establishing the time period
referred to in subparagraph (A), and any time periods for review within
such period, the Department and all such agencies shall take into account
their respective resources and statutory commitments.
(b) ELEMENTS OF COORDINATED ENVIRONMENTAL REVIEW PROCESS- For each
project, the coordinated environmental review process established under this
section shall provide, at a minimum, for the following elements:
(1) FEDERAL AGENCY IDENTIFICATION- The Secretary shall, at the
earliest possible time, identify all potential Federal agencies
that--
(A) have jurisdiction by law over environmental-related issues
that may be affected by the project and the analysis of which would be
part of any environmental document required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(B) may be required by Federal law to
independently--
(i) conduct an environmental-related review or analysis;
or
(ii) determine whether to issue a permit, license, or approval
or render an opinion on the environmental impact of the
project.
(2) TIME LIMITATIONS AND CONCURRENT REVIEW- The Secretary and the
head of each Federal agency identified under paragraph (1)--
(A)(i) shall jointly develop and establish time periods for review
for--
(I) all Federal agency comments with respect to any
environmental review documents required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the project;
and
(II) all other independent Federal agency environmental
analyses, reviews, opinions, and decisions on any permits, licenses, and
approvals that must be issued or made for the project,
whereby each such Federal agency's review shall be undertaken and
completed within such established time periods for review;
or
(ii) may enter into an agreement to establish such time periods
for review with respect to a class of project; and
(B) shall ensure, in establishing such time periods for review,
that the conduct of any such analysis, review, opinion, and decision is
undertaken concurrently with all other environmental reviews for the
project, including the reviews required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); except that such review may
not be concurrent if the affected Federal agency can demonstrate that such
concurrent review would result in a significant adverse impact to the
environment or substantively alter the operation of Federal law or would
not be possible without information developed as part of the environmental
review process.
(3) FACTORS TO BE CONSIDERED- Time periods for review established
under this section shall be consistent with the time periods established by
the Council on Environmental Quality under sections 1501.8 and 1506.10 of
title 40, Code of Federal Regulations.
(4) EXTENSIONS- The Secretary shall extend any time periods for
review under this section if, upon good cause shown, the Secretary and any
Federal agency concerned determine that additional time for analysis and
review is needed as a result of new information that has been discovered
that could not reasonably have been anticipated when the Federal agency's
time periods for review were established. Any memorandum of understanding
shall be modified to incorporate any mutually agreed-upon
extensions.
(c) DISPUTE RESOLUTION- When the Secretary determines that a Federal
agency which is subject to a time period for its environmental review or
analysis under this section has failed to complete such review, analysis,
opinion, or decision on issuing any permit, license, or approval within the
established time period or within any agreed-upon extension to such time
period, the Secretary may, after notice and consultation with such agency,
close the record on the matter before the Secretary. If the Secretary finds,
after timely compliance with this section, that an environmental issue related
to the project that an affected Federal agency has jurisdiction over by
operation of Federal law has not been resolved, the Secretary and the head of
the Federal agency shall resolve the matter not later than 30 days after the
date of the finding by the Secretary.
(d) PARTICIPATION OF STATE AGENCIES- For any project eligible for
assistance under chapter 471 of title 49, United States Code, a State, by
operation of State law, may require that all State agencies that have
jurisdiction by State or Federal law over environmental-related issues that
may be affected by the project, or that are required to issue any
environmental-related reviews, analyses, opinions, or determinations on
issuing any permits, licenses, or approvals for the project, be subject to the
coordinated environmental review process established under this section unless
the Secretary determines that a State's participation would not be in the
public interest. For a State to require State agencies to participate in the
review process, all affected agencies of the State shall be subject to the
review process.
(e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES-
(1) IN GENERAL- The Secretary may approve a request by a State or
other recipient of assistance under chapter 471 of title 49, United States
Code, to provide funds made available from the Airport and Airway Trust Fund
to the State or recipient for an aviation project subject to the coordinated
environmental review process established under this section to affected
Federal agencies to provide the resources necessary to meet any time limits
established under this section.
(2) AMOUNTS- Such requests under paragraph (1) shall be approved
only--
(A) for the additional amounts that the Secretary determines are
necessary for the affected Federal agencies to meet the time limits for
environmental review; and
(B) if such time limits are less than the customary time necessary
for such review.
(f) JUDICIAL REVIEW AND SAVINGS CLAUSE-
(1) JUDICIAL REVIEW- Nothing in this section shall affect the
reviewability of any final Federal agency action in a court of the United
States or in the court of any State.
(2) SAVINGS CLAUSE- Nothing in this section shall affect the
applicability of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or any other Federal environmental statute or affect the
responsibility of any Federal officer to comply with or enforce any such
statute.
(g) FEDERAL AGENCY DEFINED- In this section, the term `Federal agency'
means any Federal agency or any State agency carrying out affected
responsibilities required by operation of Federal law.
SEC. 306. 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 `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. 307. 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 Federal Aviation Administration's cost input data,
including the reliability of the Federal Aviation Administration's
source documents and the integrity and reliability of the Federal
Aviation Administration's data collection process.
(ii) The Federal Aviation Administration's system for tracking
assets.
(iii) The Federal Aviation Administration's bases for
establishing asset values and depreciation rates.
(iv) The Federal Aviation Administration's system of internal
controls for ensuring the consistency and reliability of reported
data.
(v) The Federal Aviation Administration's definition of the
services to which the Federal Aviation Administration ultimately
attributes its costs.
(vi) The cost pools used by the Federal Aviation Administration
and the rationale for and reliability of the bases which the Federal
Aviation 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
Federal Aviation Administration services or activities (called `common
and fixed costs' in the Federal Aviation 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 Federal Aviation
Administration.
(A) IN GENERAL- The Inspector General shall assess the progress of
the Federal Aviation Administration in cost and performance management,
including use of internal and external benchmarking in improving the
performance and productivity of the Federal Aviation
Administration.
(B) ANNUAL REPORTS- Not later than December 31, 2000, 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 Federal
Aviation Administration information on the performance of the
Administration sufficient to permit users and others to make an informed
evaluation of the progress of the Administration in increasing
productivity.
(b) FUNDING- Of the amounts appropriated pursuant to section 106(k) of
title 49, United States Code, for fiscal year 2000, not to exceed $1,500,000
may be used to carry out this section.
SEC. 308. FAILURE TO MEET RULEMAKING DEADLINE.
Section 106(f)(3)(A) is amended by adding at the end the following:
`If the Administrator does not meet a deadline specified in this subparagraph,
the Administrator shall transmit to Congress notification of the missed
deadline, 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. 309. FEDERAL PROCUREMENT INTEGRITY ACT.
Section 348(b)(2) of the Department of Transportation and Related
Agencies Appropriations Act, 1996 (49 U.S.C. 40110 note; 109 Stat. 460) is
amended by striking the period and inserting the following: `, other than
section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423);
except that subsections (f) and (g) of such section 27 shall not apply to the
Federal Aviation Administration's acquisition management system. Within 90
days following the date of the enactment of the Aviation Investment and Reform
Act for the 21st Century, the Administrator of the Federal Aviation
Administration shall adopt definitions for the acquisition management system
that are consistent with the purpose and intent of this section and that will
allow the application of the criminal, civil and administrative remedies
provided. The Administrator shall have the authority to take an adverse
personnel action provided in subsection (e)(3)(A)(iv) of such section 27, but
shall take any such actions in accordance with the procedures contained in the
Federal Aviation Administration's personnel management system.'.
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 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) LIMITATION ON STATUTORY CONSTRUCTION- Section 1136 is amended by
adding at the end the following:
`(i) LIMITATION ON 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 in the case of 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 of
Transportation and the Chairman of the National Transportation Safety Board
an updated plan under section 41113 of such title that meets the requirement
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 flight reservation,' before
`pursuant to a plan'.
(c) LIMITATION ON STATUTORY CONSTRUCTION- Section 41113 is amended by
adding at the end the following:
`(f) LIMITATION ON 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 of this title.'.
(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 in the case of 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 of Transportation and the Chairman of
the National Transportation Safety Board an updated plan under section 41313
of such title that meets the requirement of the amendment made by paragraph
(1).
SEC. 404. APPLICABILITY OF DEATH ON THE HIGH SEAS ACT.
(a) IN GENERAL- Section 40120(a) is amended by inserting `(including
the Act entitled `An Act relating to the maintenance of actions for death on
the high seas and other navigable waters', approved March 30, 1920, commonly
known as the Death on the High Seas Act (46 U.S.C. App. 761-767; 41 Stat.
537-538))' after `United States'.
(b) APPLICABILITY- The amendment made by subsection (a) applies to
civil actions commenced after the date of the enactment of this Act and to
civil actions that are not adjudicated by a court of original jurisdiction or
settled on or before such date of the enactment.
TITLE V--SAFETY
SEC. 501. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.
(a) IN GENERAL- The Administrator shall require by regulation that, no
later than December 31, 2002, equipment be installed, on each cargo aircraft
with a maximum certificated takeoff weight in excess of 15,000 kilograms, that
provides protection from mid-air collisions using technology that
provides--
(1) cockpit based collision detection and conflict resolution
guidance, including display of traffic; and
(2) a margin of safety of at least the same level as provided by the
collision avoidance system known as TCAS-II.
(b) EXTENSION OF DEADLINE- The Administrator may extend the deadline
established by subsection (a) by not more than 2 years if the Administrator
finds that the extension is needed to promote--
(1) a safe and orderly transition to the operation of a fleet of
cargo aircraft equipped with collision avoidance equipment; or
(2) other safety or public interest objectives.
SEC. 502. 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 (14)(B) by inserting `or from a foreign government
or entity that employed the individual' after `exists'; and
(4) 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, a designated individual to have electronic
access to a specified database containing information about such
records.'.
SEC. 503. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.
Section 347(b)(1) of the Department of Transportation and Related
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) is
amended by inserting before the semicolon at the end the following: `,
including the provisions for investigation and enforcement as provided in
chapter 12 of title 5, United States Code'.
SEC. 504. SAFETY RISK MITIGATION PROGRAMS.
Section 44701 is further amended by adding at the end the
following:
`(g) SAFETY RISK MANAGEMENT PROGRAM GUIDELINES- The Administrator
shall issue guidelines and encourage the development of air safety risk
mitigation programs throughout the aviation industry, including self-audits
and self-disclosure programs.'.
SEC. 505. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.
Not later than 30 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 civil enforcement
actions under the program known as Flight Operations Quality Assurance. 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 establishing such procedures.
SEC. 506. 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. 507. 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 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) 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 44725, relating to the safe disposal of
life-limited aircraft parts;'.
(c) CONFORMING AMENDMENT- The analysis for chapter 447 is further
amended by adding at the end the following:
`44725. Life-limited aircraft parts.'.
SEC. 508. FAA MAY FINE UNRULY PASSENGERS.
(a) IN GENERAL- Chapter 463 is amended--
(1) by redesignating section 46316 as section 46317; and
(2) by inserting after section 46315 the following:
`Sec. 46316. Interference with cabin or flight crew
`(a) CIVIL PENALTY- An individual who interferes with the duties or
responsibilities of the flight crew or cabin crew of a civil aircraft, or who
poses an imminent threat to the safety of the aircraft or other individuals on
the aircraft, is liable to the United States Government for a civil penalty of
not more than $25,000.
`(b) BAN ON FLYING- If the Secretary finds that an individual has
interfered with the duties or responsibilities of the flight crew or cabin
crew of a civil aircraft in a way that poses an imminent threat to the safety
of the aircraft or individuals aboard the aircraft, the individual may be
banned by the Secretary for a period of 1 year from flying on any aircraft
operated by an air carrier.
`(c) REGULATIONS- The Secretary shall issue regulations to carry out
subsection (b), including establishing procedures for imposing bans on flying,
implementing such bans, and providing notification to air carriers of the
imposition of such bans.'.
(b) COMPROMISE AND SETOFF- Section 46301(f)(1)(A)(i) is amended by
inserting `46316,' before `or 47107(b)'.
(c) CONFORMING AMENDMENT- The analysis for chapter 463 is amended by
striking the item relating to section 46316 and inserting after the item
relating to section 46315 the following:
`46316. Interference with cabin or flight crew.
`46317. General criminal penalty when specific penalty not
provided.'.
SEC. 509. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.
Not later than March 1, 2000, and annually thereafter for the next 5
years, 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. At a minimum, the report shall indicate--
(1) any funding or staffing constraints that would adversely impact
the Administration's ability to fully develop and implement such
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 the air transportation oversight system.
SEC. 510. AIRPLANE EMERGENCY LOCATORS.
(a) REQUIREMENT- Section 44712(b) is amended to read as
follows:
`(b) NONAPPLICATION- Subsection (a) does not apply to--
`(1) aircraft when used in scheduled flights by scheduled air
carriers holding certificates issued by the Secretary of Transportation
under subpart II of this part;
`(2) aircraft when used in training operations conducted entirely
within a 50-mile radius of the airport from which the training operations
begin;
`(3) aircraft when used in flight operations related to the design
and testing, manufacture, preparation, and delivery of aircraft;
`(4) 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;
`(5) aircraft when used in showing compliance with regulations crew
training, exhibition, air racing, or market surveys;
`(6) aircraft when used in the aerial application of a substance for
an agricultural purpose;
`(7) aircraft with a maximum payload capacity of more than 7,500
pounds when used in air transportation; or
`(8) aircraft capable of carrying only one individual.'.
(b) COMPLIANCE- Section 44712 is amended by redesignating subsection
(c) as subsection (d) and by inserting after subsection (b) the
following:
`(c) COMPLIANCE- An aircraft 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).'.
(c) EFFECTIVE DATE; REGULATIONS-
(1) REGULATIONS- The Secretary of Transportation shall issue
regulations under section 44712(b) of title 49, United States Code, as
amended by this section not later than January 1, 2002.
(2) EFFECTIVE DATE- The amendments made by this section shall take
effect on January 1, 2002.
SEC. 511. 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 landfill
within 6 miles of an airport primarily served by general aviation aircraft
or 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 this prohibition and the Administrator, in response to such a request,
determines that the landfill would not have an adverse impact on aviation
safety.
`(2) LIMITATION ON APPLICABILITY- Paragraph (1) shall not apply to
construction or establishment of a landfill if a permit relating to
construction or establishment of such landfill was issued on or before June
1, 1999.'.
(c) CIVIL PENALTY FOR VIOLATIONS OF LIMITATION ON CONSTRUCTION OF
LANDFILLS- Section 46301(a)(3) is further amended by adding at the end the
following:
`(D) a violation of section 41718(d), relating to limitation on
construction of landfills; or'.
SEC. 512. AMENDMENT OF STATUTE PROHIBITING THE BRINGING OF HAZARDOUS
SUBSTANCES ABOARD AN AIRCRAFT.
Section 46312 is amended--
(1) by striking `A person' and inserting `(a) GENERAL- 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. 513. AIRPORT SAFETY NEEDS.
The Administrator shall initiate a rulemaking proceeding to consider
revisions of part 139 of title 14, Code of Federal Regulations, to meet
current and future airport safety needs--
(1) focusing, but not limited to, on the mission of rescue
personnel, rescue operations response time, and extinguishing equipment;
and
(2) taking into account the need for different requirements for
airports depending on their size.
SEC. 514. LIMITATION ON ENTRY INTO MAINTENANCE IMPLEMENTATION
PROCEDURES.
The Administrator may not enter into any maintenance implementation
procedure through a bilateral aviation safety agreement unless the
Administrator determines that the participating nations are inspecting repair
stations so as to ensure their compliance with the standards of the Federal
Aviation Administration.
SEC. 515. 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.
SEC. 516. AIRPORT DISPATCHERS.
(a) STUDY- The Administrator shall conduct a study of the role of
airport dispatchers in enhancing aviation safety. 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 function, and whether or
not designation of positions within the Federal Aviation Administration for
oversight of dispatchers would enhance aviation safety.
(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.
SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT
MECHANICS.
The Administrator shall form a partnership with industry to develop a
model program to improve the curriculum, teaching methods, and quality of
instructors for training individuals that need certification as airframe and
powerplant mechanics.
TITLE VI--WHISTLEBLOWER PROTECTION
SEC. 601. 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 $5,000.
`(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.'.
SEC. 602. 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'.
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) RESTATEMENT OF DEFINITION OF PUBLIC AIRCRAFT WITHOUT SUBSTANTIVE
CHANGE- Section 40102(a)(38) (as redesignated by section 301 of this Act) is
amended to read as follows:
`(38) `public aircraft' means an aircraft--
`(A) used only for the United States Government, and operated
under the conditions specified by section 40125(b) if owned by the
Government;
`(B) owned by the United States Government, operated by any person
for purposes related to crew training, equipment development, or
demonstration, and operated under the conditions specified by section
40125(b);
`(C) owned and operated by the government of a State, the District
of Columbia, a territory or possession of the United States, or a
political subdivision of one of these governments, under the conditions
specified by section 40125(c); or
`(D) exclusively leased for at least 90 continuous days by the
government of a State, the District of Columbia, a territory or possession
of the United States, or a political subdivision of one of these
governments, under the conditions specified by section
40125(c).
`(E) owned by the armed forces or chartered to provide
transportation to the armed forces under the conditions specified by
section 40125(d).'.
(b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS-
(1) IN GENERAL- Chapter 401 is 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 Federal law 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, United States Code.
`(b) AIRCRAFT OWNED BY THE UNITED STATES- An aircraft described in
subparagraph (A) or (B) of section 40102(a)(38), if owned by the Government,
qualifies as a public aircraft except when it is used for commercial purposes
or to carry an individual other than a crewmember or a qualified
non-crewmember.
`(c) AIRCRAFT OWNED BY STATE AND LOCAL GOVERNMENTS- An aircraft
described in subparagraph (C) or (D) of section 40102(a)(38) qualifies as a
public aircraft except when it is used for commercial purposes or to carry an
individual other than a crewmember or a qualified non-crewmember.
`(d) AIRCRAFT OWNED OR OPERATED BY THE ARMED FORCES- An aircraft
described in section 40102(38)(E) qualifies as a public aircraft if--
`(1) the aircraft is operated in accordance with title 10;
or
`(2) 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) 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 is amended by adding at the end the following:
`(d) 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, United States Code.
`(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. MULTIYEAR PROCUREMENT CONTRACTS.
Section 40111 is amended--
(1) by redesignating subsections (b) through (d) as subsections (c)
through (e), respectively; and
(2) by inserting after subsection (a) the following:
`(b) TELECOMMUNICATIONS SERVICES- Notwithstanding section
1341(a)(1)(B) of title 31, the Administrator may make a contract of not more
than 10 years for telecommunication services that are provided through the use
of a satellite if the Administrator finds that the longer contract period
would be cost beneficial.'.
SEC. 705. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
(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 is
amended by adding at the end the following:
`(g) 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 347(c) of the Department
of Transportation and Related Agencies Appropriations Act, 1996.
`(h) 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.
`(i) DEFINITION- For purposes of 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.'.
(c) APPLICABILITY OF MERIT SYSTEMS PROTECTION BOARD PROVISIONS-
Section 347(b) of the Department of Transportation and Related Agencies
Appropriations Act, 1996 (109 Stat. 460) is amended--
(1) by striking `and' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting
`; and'; and
(3) by adding at the end the following:
`(8) sections 1204, 1211-1218, 1221, and 7701-7703, relating to the
Merit Systems Protection Board.'.
(d) APPEALS TO MERIT SYSTEMS PROTECTION BOARD- Section 347(c) of the
Department of Transportation and Related Agencies Appropriations Act, 1996 is
amended to read as follows:
`(c) APPEALS TO MERIT SYSTEMS PROTECTION BOARD- Under the new
personnel management system developed and implemented under subsection (a), an
employee of the Federal Aviation Administration may submit an appeal to the
Merit Systems Protection Board and may seek judicial review of any resulting
final orders or decisions of the Board from any action that was appealable to
the Board under any law, rule, or regulation as of March 31, 1996.'.
SEC. 706. NONDISCRIMINATION IN AIRLINE TRAVEL.
(a) DISCRIMINATORY PRACTICES- Section 41310(a) is amended to read as
follows:
`(1) IN GENERAL- An air carrier or foreign air carrier may not
subject a person, place, port, or type of traffic in foreign air
transportation to unreasonable discrimination.
`(2) DISCRIMINATION AGAINST PERSONS- An air carrier or foreign air
carrier may not subject a person in foreign air transportation to
discrimination on the basis of race, color, national origin, religion, or
sex.'.
(b) INTERSTATE AIR TRANSPORTATION- Section 41702 is amended--
(1) by striking `An air carrier' and inserting `(a) SAFE AND
ADEQUATE AIR TRANSPORTATION- An air carrier'; and
(2) by adding at the end the following:
`(b) DISCRIMINATION AGAINST PERSONS- An air carrier may not subject a
person in interstate air transportation to discrimination on the basis of
race, color, national origin, religion, or sex.'.
(c) DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS BY FOREIGN AIR
CARRIERS- Section 41705 is amended--
(1) by inserting `(a) GENERAL PROHIBITION- ' before `In providing';
and
(2) by adding at the end the following:
`(b) PROHIBITION APPLICABLE TO FOREIGN AIR CARRIERS- Subject to
section 40105(b), the prohibition on discrimination against an otherwise
qualified individual set forth in subsection (a) shall apply to a foreign air
carrier in providing foreign air transportation.'.
(d) CIVIL PENALTY FOR VIOLATIONS OF PROHIBITION ON DISCRIMINATION
AGAINST THE HANDICAPPED- Section 46301(a)(3) is further amended by adding at
the end the following:
`(E) a violation of section 41705, relating to discrimination
against handicapped individuals.'.
(e) INTERNATIONAL AVIATION STANDARDS FOR ACCOMMODATING THE
HANDICAPPED- The Secretary of Transportation shall work with appropriate
international organizations and the aviation authorities of other nations to
bring about the establishment of higher standards, if appropriate, for
accommodating handicapped passengers in air transportation, particularly with
respect to foreign air carriers that code share with domestic air
carriers.
SEC. 707. JOINT VENTURE AGREEMENT.
Section 41716(a)(1) is amended by striking `an agreement entered into
by a major air carrier' and inserting `an agreement entered into between two
or more major air carriers'.
SEC. 708. EXTENSION OF WAR RISK INSURANCE PROGRAM.
Section 44310 is amended by striking `after' and all that follows and
inserting `after December 31, 2004.'.
SEC. 709. GENERAL FACILITIES AND PERSONNEL AUTHORITY.
Section 44502(a) is further amended by adding at the end the
following:
`(6) 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 Government in the improvements is
protected.'.
SEC. 710. 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; or
`(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. 711. 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
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 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).'.
SEC. 712. APPEALS OF EMERGENCY REVOCATIONS OF CERTIFICATES.
Section 44709(e) is amended to read as follows:
`(e) EFFECTIVENESS OF ORDERS PENDING APPEAL-
`(1) IN GENERAL- Except as provided in paragraph (2), if a person
files an appeal with the Board under section (d), the order of the
Administrator is stayed.
`(2) EMERGENCIES- 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, the order is effective, except that a
person filing an appeal under subsection (d) may file a written petition to
the Board for an emergency stay on the issues of the appeal that are related
to the existence of the emergency. The Board shall have 10 days to review
the materials. If any two members of the Board determine that sufficient
grounds exist to grant a stay, an emergency stay shall be granted. If an
emergency stay is granted, the Board must meet within 15 days of the
granting of the stay to make a final disposition of the issues related to
the existence of the emergency.
`(3) FINAL DISPOSITION OF APPEAL- In all cases, the Board shall make
a final disposition of the merits of the appeal not later than 60 days after
the Administrator advises the Board of the order.'.
SEC. 713. 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 individual 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.'.
SEC. 714. PASSENGER MANIFEST.
Section 44909(a)(2) is amended by striking `shall' and inserting
`should'.
SEC. 715. 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 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. 716. 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. 717. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.
(a) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH STAGE 3 NOISE LEVELS-
Section 47528(b)(1) is amended in the first sentence by inserting `or foreign
air carrier' after `air carrier'.
(b) EXEMPTION FOR AIRCRAFT MODIFICATION OR DISPOSAL- Section 47528 is
amended--
(1) in subsection (a) by inserting `or (f)' after `(b)';
and
(2) by adding at the end the following:
`(f) AIRCRAFT MODIFICATION OR DISPOSAL- After December 31, 1999, the
Secretary may provide a procedure under which a person may operate a stage 1
or stage 2 aircraft in nonrevenue service to or from an airport in the United
States in order to--
`(1) sell the aircraft outside the United States;
`(2) sell the aircraft for scrapping; or
`(3) obtain modifications to the aircraft to meet stage 3 noise
levels.'.
(c) LIMITED OPERATION OF CERTAIN AIRCRAFT- Section 47528(e) is amended
by adding at the end the following:
`(4) An air carrier operating stage 2 aircraft under this subsection
may operate stage 2 aircraft to or from the 48 contiguous States on a
nonrevenue basis in order to--
`(A) 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).'.
SEC. 718. METROPOLITAN WASHINGTON AIRPORT AUTHORITY.
(a) EXTENSION OF APPLICATION APPROVALS- Section 49108 is amended by
striking `2001' and inserting `2004'.
(b) 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).
SEC. 719. ACQUISITION MANAGEMENT SYSTEM.
Section 348 of the Department of Transportation and Related Agencies
Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) is amended by
striking subsection (c) and inserting the following:
`(c) CONTRACTS EXTENDING INTO A SUBSEQUENT FISCAL YEAR-
Notwithstanding subsection (b)(3), the Administrator may enter into contracts
for procurement of severable services that begin in one fiscal year and end in
another if (without regard to any option to extend the period of the contract)
the contract period does not exceed 1 year.'.
SEC. 720. CENTENNIAL OF FLIGHT COMMISSION.
(1) APPOINTMENT- Section 4(a)(5) of the Centennial of Flight
Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3487) is amended by
inserting `, or his designee,' after `prominence'.
(2) STATUS- Section 4 of such Act (112 Stat. 3487) is amended by
adding at the end the following:
`(g) STATUS- The members of the Commission described in paragraphs
(1), (3), (4), and (5) of subsection (a) shall not be considered to be
officers or employees of the United States.'.
(b) DUTIES- Section 5(a)(7) of such Act (112 Stat. 3488) is amended to
read as follows:
`(7) as a nonprimary purpose, publish popular and scholarly works
related to the history of aviation or the anniversary of the centennial of
powered flight.'.
(c) CONFLICTS OF INTEREST- Section 6 of such Act (112 Stat. 3488-3489)
is amended by adding at the end the following:
`(e) CONFLICTS OF INTEREST- At its second business meeting, the
Commission shall adopt a policy to protect against possible conflicts of
interest involving its members and employees. The Commission shall consult
with the Office of Government Ethics in the development of such a policy and
shall recognize the status accorded its members under section 4(g).'.
(d) EXECUTIVE DIRECTOR- The first sentence of section 7(a) of such Act
(112 Stat. 3489) is amended by striking the period at the end and inserting
the following: `or represented on the First Flight Centennial Advisory Board
under subparagraphs (A) through (E) of section 12(b)(1).'.
(e) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS-
(1) USE OF FUNDS- Section 9(d) of such Act (112 Stat. 3490) is
amended by striking the period at the end and inserting the following: `,
except that the Commission may transfer any portion of such funds that is in
excess of the funds necessary to carry out such duties to any Federal agency
or the National Air and Space Museum of the Smithsonian Institution to be
used for the sole purpose of commemorating the history of aviation or the
centennial of powered flight.'.
(2) DUTIES TO BE CARRIED OUT BY ADMINISTRATOR OF NASA- Section 9 of
such Act (112 Stat. 3490) is amended by adding at the end the
following:
`(f) DUTIES TO BE CARRIED OUT BY ADMINISTRATOR OF NASA- The duties of
the Commission under this section shall be carried out by the Administrator of
the National Aeronautics and Space Administration, in consultation with the
Commission.'.
SEC. 721. 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 such person is capable of selectively blocking the display of any
aircraft-situation-display-to-industry derived data related to any
identified aircraft registration number; and
(2) the person agree to block selectively the aircraft registration
numbers of any aircraft owner or operator upon the Administration's
request.
(b) EXISTING MEMORANDA TO BE CONFORMED- The Administrator shall
conform any memoranda of agreement, in effect on the date of the enactment of
this Act, between the Administration and a person under which that person
obtains aircraft situational display data to incorporate the requirements of
subsection (a) within 30 days after that date.
SEC. 722. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY
COMPLAINTS.
(a) HIRING OF ADDITIONAL PERSONNEL- For fiscal year 2000, the
Secretary of Transportation 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) FUNDING- Of the amounts appropriated pursuant to section 106(k) of
title 49, United States Code, for fiscal year 2000, $2,000,000 may be used to
carry out this section.
SEC. 723. 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 shall, 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. 724. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.
The City of Los Angeles Department of Airports 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.
SEC. 725. 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 subpart F of part 61
of such title;
(E) to hold at least a second-class medical certificate, as
described in subpart C of part 67 of such title;
(F) to hold a current letter of authorization issued by the
Administrator; and
(G) to take such other actions as the Administrator determines
necessary for safety.
(c) DEFINITIONS- In this section, the following definitions
apply:
(1) LETTER OF AUTHORIZATION- The term `letter of authorization'
means a letter issued by the Administrator once every 5 years to an Alaska
guide pilot certifying that the pilot is in compliance with general
operating and flight rules applicable to the pilot. In the case of a
multi-pilot operation, at the election of the operating entity, a letter of
authorization may be issued by the Administrator to the entity or to each
Alaska guide pilot employed by the entity.
(2) ALASKA GUIDE PILOT- The term `Alaska guide pilot' means a pilot
who--
(A) conducts aircraft operations over or within the State of
Alaska;
(B) operates single engine, fixed wing aircraft on floats, wheels,
or skis, providing commercial hunting, fishing, or other guide services
and related accommodations in the form of camps or lodges;
and
(C) transports clients by such aircraft incidental to hunting,
fishing, or other guide services, or uses air transport to enable guided
clients to reach hunting or fishing locations.
SEC. 726. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.
(a) ESTABLISHMENT OF PANEL- The Secretary of Transportation--
(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 Secretary 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 (c) 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. 727. 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. 728. SENSE OF THE CONGRESS CONCERNING COMPLETION OF COMPREHENSIVE
NATIONAL AIRSPACE REDESIGN.
It is the sense of the Congress that, as soon as is practicable, the
Administrator should complete and begin implementation of the comprehensive
national airspace redesign that is being conducted by the
Administrator.
SEC. 729. COMPLIANCE WITH REQUIREMENTS.
Notwithstanding any other provision of law, in order to avoid
unnecessary duplication of expense and effort, the Secretary of Transportation
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. 730. AIRCRAFT NOISE LEVELS AT AIRPORTS.
(a) DEVELOPMENT OF NEW STANDARDS- The Secretary of Transportation
shall continue to work to develop a new standard for aircraft and aircraft
engines that will lead to a further reduction in aircraft noise
levels.
(b) REPORT- Not later than March 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. 731. 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. 732. 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 of Transportation
may approve the sale of Cincinnati-Municipal Blue Ash Airport from the City of
Cincinnati to the City of Blue Ash upon a finding that the City of Blue Ash
meets all applicable requirements for sponsorship and if the City of Blue Ash
agrees to continue to maintain and operate Blue Ash Airport, as generally
contemplated and described within the Blue Ash Master Plan Update dated
November 30, 1998, for a period of 20 years from the date existing grant
assurance obligations of the City of Cincinnati expire.
(b) TREATMENT OF PROCEEDS FROM SALE- The proceeds from the sale
approved under subsection (a) shall not be considered to be airport revenue
for purposes of section 47107 and 47133 of title 49, United States Code, grant
obligations of the City of Cincinnati, or regulations and policies of the
Federal Aviation Administration.
SEC. 733. AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL
SPILLS.
(1) IN GENERAL- Notwithstanding section 202 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 483) and subject to
subsections (b) and (c), the Secretary of Defense may, during the period
beginning June 15, 1999, and ending September 30, 2002, sell aircraft and
aircraft parts referred to in paragraph (2) to a person or governmental
entity that contracts to deliver oil dispersants by air in order to disperse
oil spills, and that has been approved by the Secretary of the Department in
which the Coast Guard is operating for the delivery of oil dispersants by
air in order to disperse oil spills.
(2) COVERED AIRCRAFT AND AIRCRAFT PARTS- 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;
(B) acceptable for commercial sale; and
(C) with respect to aircraft, 10 years old or older.
(b) CONDITIONS OF SALE- Aircraft and aircraft parts sold under
subsection (a)--
(1) may be used only for oil spill spotting, observation, and
dispersant delivery; 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 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 governmental 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
governmental entity is capable of meeting the terms and conditions of a
contract to deliver oil spill dispersants by air.
(1) IN GENERAL- 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
issue 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 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 users in
accordance with the conditions set forth in subsection (b) or pursuant to
subsection (e); and
(D) ensure, to the maximum extent practicable, that the Secretary
of Defense consults with the Administrator of General Services and with
the heads of other appropriate departments and agencies of the Federal
Government regarding alternative uses 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 of Defense
considers appropriate for such sale. Such terms and conditions shall meet the
requirements of regulations issued under subsection (d).
(f) REPORT- Not later than March 31, 2002, the Secretary of Defense
shall submit to the Committee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Armed Services
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the Secretary of Defense's exercise of authority
under this section. The report shall set forth--
(1) the number and types of aircraft sold under this section, 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) CONSTRUCTION- Nothing in this section may be construed as
affecting the authority of the Administrator of the Federal Aviation
Administration under any other provision of law.
(h) PROCEEDS FROM SALE- The net proceeds of any amounts received by
the Secretary of Defense from the sale of aircraft and aircraft parts under
this section shall be deposited into the general fund of the Treasury as
miscellaneous receipts.
SEC. 734. 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. 735. ALKALI SILICA REACTIVITY DISTRESS.
(a) IN GENERAL- The Administrator may make a grant to, or enter into a
cooperative agreement with, a nonprofit organization for the conduct of 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.
(b) REPORT- Not later than 18 months after making a grant, or entering
into a cooperative agreement, under subsection (a) the Administrator shall
transmit a report to Congress on the results of the study.
SEC. 736. 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.
SEC. 737. LAND USE COMPLIANCE REPORT.
Section 47131 is amended--
(1) by striking `and' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and inserting
`; and'; and
(3) by adding at the end the following:
`(5) a detailed statement listing airports that 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.'.
SEC. 738. 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 of Transportation 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. 739. MONROE REGIONAL AIRPORT LAND CONVEYANCE.
The Secretary of Transportation shall waive all terms contained in the
1949 deed of conveyance under which the United States conveyed certain
property then constituting Selman Field, Louisiana, to the City of Monroe,
Louisiana, subject to the following conditions:
(1) The city agrees that in conveying any interest in such property
the city will receive an amount for such interest that is equal to the fair
market value for such interest.
(2) The amount received by the city for such conveyance shall be
used by the city--
(A) for the development, improvement, operation, or maintenance of
a public airport; or
(B) for the development or improvement of the city's airport
industrial park co-located with the Monroe Regional Airport to the extent
that such development or improvement will result in an increase, over
time, in the amount the industrial park will pay to the airport to an
amount that is greater than the amount the city received for such
conveyance.
SEC. 740. AUTOMATED WEATHER FORECASTING SYSTEMS.
(a) CONTRACT FOR STUDY- The Administrator shall contract with the
National Academy of Sciences to conduct a study of the effectiveness of the
automated weather forecasting systems of covered flight service stations
solely with regard to providing safe and reliable airport operations.
(b) COVERED FLIGHT SERVICE STATIONS- In this section, the term
`covered flight service station' means a flight service station where
automated weather observation constitutes the entire observation and no
additional weather information is added by a human weather observer.
(c) REPORT- Not later than 1 year after the date of the enactment of
this Act, the Administrator shall transmit to the Congress a report on the
results of the study.
SEC. 741. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, ARIZONA.
(a) IN GENERAL- The Administrator of the Federal Aviation
Administration 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 enactment of this
section, the Administrator shall submit a report to Congress 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. 742. NONMILITARY HELICOPTER NOISE.
(a) IN GENERAL- The Secretary of Transportation shall conduct a
study--
(1) on the effects of nonmilitary helicopter noise on individuals;
and
(2) to develop recommendations for the reduction of the effects of
nonmilitary helicopter noise.
(b) CONSIDERATION OF VIEWS- In conducting the study under this
section, the Secretary shall consider the views of representatives of the
helicopter industry and representatives of organizations with an interest in
reducing nonmilitary helicopter noise.
(c) 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 under this section.
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 1999'.
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 of 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 is further amended by adding at the end
the following:
`Sec. 40126. Overflights of national parks
`(1) GENERAL REQUIREMENTS- A commercial air tour operator may not
conduct commercial air tour operations over a national park (including
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.
`(2) APPLICATION FOR OPERATING AUTHORITY-
`(A) APPLICATION REQUIRED- Before commencing commercial air tour
operations over a national park (including tribal lands), a commercial air
tour operator shall apply to the Administrator for authority to conduct
the operations over the park.
`(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 company;
`(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.
`(A) IN GENERAL- If a commercial air tour operator secures a
letter of agreement from the Administrator and the superintendent for the
national park that describes the conditions under which the commercial air
tour operation will be conducted, then notwithstanding paragraph (1), the
commercial air tour operator may conduct such operations over the national
park under part 91 of title 14, Code of Federal Regulations, if such
activity is permitted under part 119 of such title.
`(B) LIMIT ON EXCEPTIONS- Not more than five flights in any 30-day
period over a single national park may be conducted under this
paragraph.
`(4) SPECIAL RULE FOR SAFETY REQUIREMENTS- Notwithstanding
subsection (d), 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 (including tribal lands). The Administrator shall 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 (including tribal lands) 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 tours
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) (including
a finding of no significant impact, an environmental assessment, and 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 limit or prohibit commercial air tour
operations;
`(B) may establish conditions for the conduct of commercial air
tour operations, including commercial air tour operation 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 adverse noise, visual, or
other impacts;
`(C) may apply to all commercial air tour
operations;
`(D) shall include incentives (such as preferred commercial air
tour operation routes and altitudes and relief from flight caps and
curfews) for the adoption of quiet aircraft technology by commercial air
tour operators conducting commercial air tour operations over the
park;
`(E) shall provide a system for allocating opportunities to
conduct commercial air tours if the air tour management 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 (including 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, 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) DETERMINATION OF COMMERCIAL AIR TOUR OPERATION STATUS- In making
a determination of whether a flight is a commercial air tour operation, the
Administrator may consider--
`(1) whether there was a holding out to the public of willingness to
conduct a sightseeing flight for compensation or hire;
`(2) 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;
`(3) the area of operation;
`(4) the frequency of flights conducted by the person offering the
flight;
`(5) the route of flight;
`(6) the inclusion of sightseeing flights as part of any travel
arrangement package offered by the person offering the flight;
`(7) whether the flight would have been canceled based on poor
visibility of the surface below the route of the flight; and
`(8) any other factors that the Administrator considers
appropriate.
`(d) 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 (including tribal lands) for which the operator is an existing
commercial air tour operator.
`(2) REQUIREMENTS AND LIMITATIONS- Interim operating authority
granted under this subsection--
`(A) shall provide annual authorization only for the greater
of--
`(i) the number of flights used by the operator to provide such
tours within the 12-month period prior to the date of the enactment of
this section; or
`(ii) the average number of flights per 12-month period used by
the operator to provide such tours within the 36-month period prior to
such date of the 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 the tribal
lands;
`(F) shall promote protection of national park resources, visitor
experiences, and tribal lands;
`(G) shall promote safe operations of the commercial air
tour;
`(H) shall promote the adoption of quiet technology, as
appropriate; and
`(I) shall allow for modifications of the operation based on
experience if the modification improves protection of national park
resources and values and of tribal lands.
`(1) IN GENERAL- Except as provided by paragraph (2), this section
shall not apply to--
`(A) the Grand Canyon National Park;
`(B) tribal lands within or abutting the Grand Canyon National
Park; or
`(C) any unit of the National Park System located in Alaska or any
other land or water located in Alaska.
`(2) EXCEPTION- This section shall apply to the Grand Canyon
National Park if section 3 of Public Law 100-91 (16 U.S.C. 1a-1 note; 101
Stat. 674-678) is no longer in effect.
`(3) 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; and
`(B) has not engaged in the business of providing commercial air
tour operations over the national park (including tribal lands) in the
12-month period preceding the application.
`(4) COMMERCIAL AIR TOUR OPERATION- 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--
`(A) 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
`(B) less than 1 mile laterally from any geographic feature within
the park (unless more than 1/2 mile outside the boundary).
`(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 is further
amended by adding at the end the following:
`40126. Overflights of national parks.'.
SEC. 804. 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 national parks (including 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 request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour operations
over a national park (including 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. 805. 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 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. 806. 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. 807. EXEMPTIONS.
This title shall not apply to--
(1) any unit of the National Park System located in Alaska;
or
(2) any other land or water located in Alaska.
SEC. 808. DEFINITIONS.
In this title, the following definitions apply:
(1) ADMINISTRATOR- The term `Administrator' means the Administrator
of the Federal Aviation Administration.
(2) DIRECTOR- The term `Director' means the Director of the National
Park Service.
TITLE IX--TRUTH IN BUDGETING
SEC. 901. SHORT TITLE.
This title may be cited as the `Truth in Budgeting Act'.
SEC. 902. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST
FUND.
Notwithstanding any other provision of law, the receipts and
disbursements of the Airport and Airway Trust Fund established by section 9502
of the Internal Revenue Code of 1986--
(1) shall not be counted as new budget authority, outlays, receipts,
or deficit or surplus for purposes of--
(A) the budget of the United States Government as submitted by the
President;
(B) the congressional budget (including allocations of budget
authority and outlays provided therein); or
(C) the Balanced Budget and Emergency Deficit Control Act of 1985;
and
(2) shall be exempt from any general budget limitation imposed by
statute on expenditures and net lending (budget outlays) of the United
States Government.
SEC. 903. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY
TRUST FUND.
(a) IN GENERAL- Subchapter I of chapter 471 is further amended by
adding at the end the following:
`Sec. 47138. Safeguards against deficit spending
`(a) ESTIMATES OF UNFUNDED AVIATION AUTHORIZATIONS AND NET AVIATION
RECEIPTS- Not later than March 31 of each year, the Secretary of
Transportation, in consultation with the Secretary of the Treasury, shall
estimate--
`(1) the amount which would (but for this section) be the unfunded
aviation authorizations at the close of the first fiscal year that begins
after that March 31; and
`(2) the net aviation receipts to be credited to the Airport and
Airway Trust Fund during the fiscal year.
`(b) PROCEDURE IF EXCESS UNFUNDED AVIATION AUTHORIZATIONS- If the
Secretary of Transportation determines for any fiscal year that the amount
described in subsection (a)(1) exceeds the amount described in subsection
(a)(2), the Secretary shall determine the amount of such excess.
`(c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED AUTHORIZATIONS EXCEED
RECEIPTS-
`(1) DETERMINATION OF PERCENTAGE- If the Secretary determines that
there is an excess referred to in subsection (b) for a fiscal year, the
Secretary shall determine the percentage which--
`(B) the total of the amounts authorized to be appropriated from
the Airport and Airway Trust Fund for the next fiscal year.
`(2) ADJUSTMENT OF AUTHORIZATIONS- If the Secretary determines a
percentage under paragraph (1), each amount authorized to be appropriated
from the Airport and Airway Trust Fund for the next fiscal year shall be
reduced by such percentage.
`(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITHHELD-
`(1) ADJUSTMENT OF AUTHORIZATIONS- If, after a reduction has been
made under subsection (c)(2), the Secretary determines that the amount
described in subsection (a)(1) does not exceed the amount described in
subsection (a)(2) or that the excess referred to in subsection (b) is less
than the amount previously determined, each amount authorized to be
appropriated that was reduced under subsection (c)(2) shall be increased, by
an equal percentage, to the extent the Secretary determines that it may be
so increased without causing the amount described in subsection (a)(1) to
exceed the amount described in subsection (a)(2) (but not by more than the
amount of the reduction).
`(2) APPORTIONMENT- The Secretary shall apportion amounts made
available for apportionment by paragraph (1).
`(3) PERIOD OF AVAILABILITY- Any funds apportioned under paragraph
(2) shall remain available for the period for which they would be available
if such apportionment took effect with the fiscal year in which they are
apportioned under paragraph (2).
`(e) REPORTS- Any estimate under subsection (a) and any determination
under subsection (b), (c), or (d) shall be reported by the Secretary to
Congress.
`(f) DEFINITIONS- For purposes of this section, the following
definitions apply:
`(1) NET AVIATION RECEIPTS- The term `net aviation receipts' means,
with respect to any period, the excess of--
`(A) the receipts (including interest) of the Airport and Airway
Trust Fund during such period, over
`(B) the amounts to be transferred during such period from the
Airport and Airway Trust Fund under section 9502(d) of the Internal
Revenue Code of 1986 (other than paragraph (1) thereof).
`(2) UNFUNDED AVIATION AUTHORIZATIONS- The term `unfunded aviation
authorization' means, at any time, the excess (if any) of--
`(A) the total amount authorized to be appropriated from the
Airport and Airway Trust Fund which has not been appropriated,
over
`(B) the amount available in the Airport and Airway Trust Fund at
such time to make such appropriation (after all other unliquidated
obligations at such time which are payable from the Airport and Airway
Trust Fund have been liquidated).'.
(b) CONFORMING AMENDMENT- The analysis for subchapter I of chapter 471
is further amended by adding at the end the following:
`47138. Safeguards against deficit spending.'.
SEC. 904. ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS.
When the President submits the budget under section 1105(a) of title
31, United States Code, for fiscal year 2001, the Director of the Office of
Management and Budget shall, pursuant to section 251(b)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, calculate and the budget
shall include appropriate reductions to the discretionary spending limits for
each of fiscal years 2001 and 2002 set forth in section 251(c)(5)(A) and
section 251(c)(6)(A) of that Act (as adjusted under section 251 of that Act)
to reflect the discretionary baseline trust fund spending (without any
adjustment for inflation) for the Federal Aviation Administration that is
subject to section 902 of this Act for each of those two fiscal years.
SEC. 905. APPLICABILITY.
This title (including the amendments made by this Act) shall apply to
fiscal years beginning after September 30, 2000.
TITLE X--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
SEC. 1001. ADJUSTMENT OF TRUST FUND AUTHORIZATIONS.
(a) IN GENERAL- Part C of subtitle VII is amended by adding at the end
the following:
`CHAPTER 483--ADJUSTMENT OF TRUST FUND AUTHORIZATIONS
`Sec.
`48302. Adjustments to align aviation authorizations with
revenues.
`48303. Adjustment to AIP program funding.
`48304. Estimated aviation income.
`Sec. 48301. Definitions
`In this chapter, the following definitions apply:
`(1) BASE YEAR- The term `base year' means the second fiscal year
before the fiscal year for which the calculation is being made.
`(2) AIP PROGRAM- The term `AIP program' means the programs for
which amounts are made available under section 48103.
`(3) AVIATION INCOME- The term `aviation income' means the tax
receipts credited to the Airport and Airway Trust Fund and any interest
attributable to the Fund.
`Sec. 48302. Adjustment to align aviation authorizations with
revenues
`(a) AUTHORIZATION OF APPROPRIATIONS- Beginning with fiscal year 2003,
if the actual level of aviation income for the base year is greater or less
than the estimated aviation income level specified in section 48304 for the
base year, the amounts authorized to be appropriated (or made available) for
the fiscal year under each of sections 106(k), 48101, 48102, and 48103 are
adjusted as follows:
`(1) If the actual level of aviation income for the base year is
greater than the estimated aviation income level specified in section 48304
for the base year, the amount authorized to be appropriated (or made
available) for such section is increased by an amount determined by
multiplying the amount of the excess by the ratio for such section set forth
in subsection (b).
`(2) If the actual level of aviation income for the base year is
less than the estimated aviation income level specified in section 48304 for
the base year, the amount authorized to be appropriated (or made available)
for such section is decreased by an amount determined by multiplying the
amount of the shortfall by the ratio for such section set forth in
subsection (b).
`(b) RATIO- The ratio referred to in subsection (a) with respect to
section 106(k), 48101, 48102, or 48103, as the case may be, is the ratio
that--
`(1) the amount authorized to be appropriated (or made available)
under such section for the fiscal year; bears to
`(2) the total sum of amounts authorized to be appropriated (or made
available) under all of such sections for the fiscal year.
`(c) PRESIDENT'S BUDGET- When the President submits a budget for a
fiscal year under section 1105 of title 31, United States Code, the Director
of the Office of Management and Budget shall calculate and the budget shall
report any increase or decrease in authorization levels resulting from this
section.
`Sec. 48303. 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 total sum of amounts authorized to be appropriated under
all of sections 106(k), 48101, and 48102 for such fiscal year, including
adjustments made under section 48302; exceeds
`(2) the amounts appropriated for programs funded under such
sections for such fiscal year.
Any contract authority made available by this section shall be subject
to an obligation limitation.
`Sec. 48304. Estimated aviation income
`For purposes of section 48302, the estimated aviation income levels
are as follows:
`(1) $10,734,000,000 for fiscal year 2001.
`(2) $11,603,000,000 for fiscal year 2002.
`(3) $12,316,000,000 for fiscal year 2003.
`(4) $13,062,000,000 for fiscal year 2004.'.
(b) CONFORMING AMENDMENT- The table of chapters for subtitle VII of
such title is amended by inserting after the item relating to chapter 482 the
following:
48301'.
SEC. 1002. BUDGET ESTIMATES.
Upon the enactment of this Act, the Director of the Office of
Management and Budget shall not make any estimates under section 252(d) of the
Balanced Budget and Emergency Deficit Control Act of 1985 of changes in direct
spending outlays and receipts for any fiscal year resulting from this title
and title IX, including the amendments made by such titles.
SEC. 1003. SENSE OF THE CONGRESS ON FULLY OFFSETTING INCREASED AVIATION
SPENDING.
It is the sense of the Congress that--
(1) air passengers and other users of the air transportation system
pay aviation taxes into a trust fund dedicated solely to improve the safety,
security, and efficiency of the aviation system;
(2) from fiscal year 2001 to fiscal year 2004, air passengers and
other users will pay more than $14.3 billion more in aviation taxes into the
Airport and Airway Trust Fund than the concurrent resolution on the budget
for fiscal year 2000 provides from such Fund for aviation investment under
historical funding patterns;
(3) the Aviation Investment and Reform Act for the 21st Century
provides $14.3 billion of aviation investment above the levels assumed in
that budget resolution for such fiscal years; and
(4) this increased funding will be fully offset by recapturing
unspent aviation taxes and reducing the $778 billion general tax cut assumed
in that budget resolution by the appropriate amount.
TITLE XI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 1101. 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, 2004';
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 or the 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, 1999, in accordance with the
provisions of this section.'.
Amend the title so as to read `An Act to amend title 49, United States Code,
to reauthorize programs of the Federal Aviation Administration, and for other
purposes.'.
Attest:
Clerk.
END