[Pages S12115-S12146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AIR TRANSPORTATION IMPROVEMENT ACT

On October 5, 1999, amended and passed H.R. 1000. The bill, as
amended, follows:

Resolved, That the bill from the House of Representatives
(H.R. 1000) entitled ``An Act to amend title 49, United
States Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes.'', do pass with the
following amendment:
Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

(a) Short Title.--This Act may be cited as the ``Air
Transportation Improvement Act''.
(b) Table of Sections.--The table of sections for this Act
is as follows:

Sec. 1. Short title; table of sections.
Sec. 2. Amendments to title 49, United States Code.

TITLE I--AUTHORIZATIONS

Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Airport planning and development and noise compatibility
planning and programs.
Sec. 104. Reprogramming notification requirement.
Sec. 105. Airport security program.
Sec. 106. Automated surface observation system stations.

TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

Sec. 201. Removal of the cap on discretionary fund.
Sec. 202. Innovative use of airport grant funds.
Sec. 203. Matching share.
Sec. 204. Increase in apportionment for noise compatibility planning
and programs.
Sec. 205. Technical amendments.
Sec. 206. Report on efforts to implement capacity enhancements.
Sec. 207. Prioritization of discretionary projects.
Sec. 208. Public notice before grant assurance requirement waived.
Sec. 209. Definition of public aircraft.
Sec. 210. Terminal development costs.
Sec. 211. Airfield pavement conditions.
Sec. 212. Discretionary grants.
Sec. 213. Contract tower cost-sharing.

TITLE III--AMENDMENTS TO AVIATION LAW

Sec. 301. Severable services contracts for periods crossing fiscal
years.
Sec. 302. Stage 3 noise level compliance for certain aircraft.
Sec. 303. Government and industry consortia.
Sec. 304. Implementation of Article 83 Bis of the Chicago Convention.
Sec. 305. Foreign aviation services authority.
Sec. 306. Flexibility to perform criminal history record checks;
technical amendments to Pilot Records Improvement Act.
Sec. 307. Extension of Aviation Insurance Program.
Sec. 308. Technical corrections to civil penalty provisions.
Sec. 309. Criminal penalty for pilots operating in air transportation
without an airman's certificate.
Sec. 310. Nondiscriminatory interline interconnection requirements.
Sec. 311. Review process for emergency orders under section 44709.

TITLE IV--MISCELLANEOUS

Sec. 401. Oversight of FAA response to year 2000 problem.
Sec. 402. Cargo collision avoidance systems deadline.
Sec. 403. Runway safety areas; precision approach path indicators.
Sec. 404. Airplane emergency locators.
Sec. 405. Counterfeit aircraft parts.
Sec. 406. FAA may fine unruly passengers.
Sec. 407. Higher standards for handicapped access.
Sec. 408. Conveyances of United States Government land.
Sec. 409. Flight operations quality assurance rules.
Sec. 410. Wide area augmentation system.
Sec. 411. Regulation of Alaska guide pilots.
Sec. 412. Alaska rural aviation improvement.
Sec. 413. Human factors program.
Sec. 414. Independent validation of FAA costs and allocations.
Sec. 415. Application of Federal Procurement Policy Act.
Sec. 416. Report on modernization of oceanic ATC system.
Sec. 417. Report on air transportation oversight system.
Sec. 418. Recycling of EIS.
Sec. 419. Protection of employees providing air safety information.
Sec. 420. Improvements to air navigation facilities.
Sec. 421. Denial of airport access to certain air carriers.
Sec. 422. Tourism.
Sec. 423. Sense of the Senate on property taxes on public-use airports.
Sec. 424. Federal Aviation Administration Personnel Management System.
Sec. 425. Authority to sell aircraft and aircraft parts for use in
responding to oil spills.
Sec. 426. Aircraft and aviation component repair and maintenance
advisory panel.
Sec. 427. Aircraft situational display data.
Sec. 428. Allocation of Trust Fund funding.
Sec. 429. Taos Pueblo and Blue Lakes Wilderness Area demonstration
project.
Sec. 430. Airline marketing disclosure.
Sec. 431. Compensation under the Death on the High Seas Act.
Sec. 432. FAA study of breathing hoods.
Sec. 433. FAA study of alternative power sources for flight data
recorders and cockpit voice recorders.
Sec. 434. Passenger facility fee letters of intent.
Sec. 435. Elimination of HAZMAT enforcement backlog.
Sec. 436. FAA evaluation of long-term capital leasing.
Sec. 437. Prohibitions against smoking on scheduled flights.
Sec. 438. Designating current and former military airports.
Sec. 439. Rolling stock equipment.
Sec. 440. Monroe Regional Airport land conveyance.
Sec. 441. Cinncinati-Municipal Blue Ash Airport.
Sec. 442. Report on Specialty Metals Consortium.
Sec. 443. Pavement condition.
Sec. 444. Inherently low-emission airport vehicle pilot program.
Sec. 445. Conveyance of airport property to an institution of higher
education in Oklahoma.
Sec. 446. Automated Surface Observation System/Automated Weather
Observing System Upgrade.
Sec. 447. Terminal Automated Radar Display and Information System.
Sec. 448. Cost/benefit analysis for retrofit of 16G seats.
Sec. 449. Raleigh County, West Virginia, Memorial Airport.
Sec. 450. Airport safety needs.
Sec. 451. Flight training of international students.
Sec. 452. Grant Parish, Louisiana.
Sec. 453. Designation of general aviation airport.
Sec. 454. Airline Deregulation Study Commission.
Sec. 455. Nondiscrimination in the use of private airports.
Sec. 456. Curfew.
Sec. 457. Federal Aviation Administration Year 2000 Technology Safety
Enforcement Act of 1999.

[[Page S12116]]

Sec. 458. Expressing the sense of the Senate concerning air traffic
over northern Delaware.
Sec. 459. Study of outdoor air, ventilation, and recirculation air
requirements for passenger cabins in commercial aircraft.
Sec. 460. General Aviation Metropolitan Access and Reliever Airport
Grant Fund.
Sec. 461. Study on airport noise.
Sec. 462. Sense of the Senate concerning EAS.
Sec. 463. Airline quality service reports.
Sec. 464. Prevention of frauds involving aircraft or space vehicle
parts in interstate or foreign commerce.
Sec. 465. Preservation of essential air service at dominated hub
airports.
Sec. 466. Availability of funds for Georgia's regional airport
enhancement program.

TITLE V--AVIATION COMPETITION PROMOTION

Sec. 501. Purpose.
Sec. 502. Establishment of small community aviation development
program.
Sec. 503. Community-carrier air service program.
Sec. 504. Authorization of appropriations.
Sec. 505. Marketing practices.
Sec. 506. Changes in, and phase-out of, slot rules.
Sec. 507. Consumer notification of e-ticket expiration dates.
Sec. 508. Regional air service incentive options.
Sec. 509. Requirement to enhance competitiveness of slot exemptions for
regional jet air service and new entrant air carriers at
certain high density traffic airports.

TITLE VI--NATIONAL PARKS OVERFLIGHTS

Sec. 601. Findings.
Sec. 602. Air tour management plans for national parks.
Sec. 603. Advisory group.
Sec. 604. Overflight fee report.
Sec. 605. Prohibition of commercial air tours over the Rocky Mountain
National Park.

TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

Sec. 701. Restatement of 49 U.S.C. 106(g).
Sec. 702. Restatement of 49 U.S.C. 44909.

TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

Sec. 801. Transfer of functions, powers, and duties.
Sec. 802. Transfer of office, personnel, and funds.
Sec. 803. Amendment of title 49, United States Code.
Sec. 804. Savings provision.
Sec. 805. National ocean survey.
Sec. 806. Sale and distribution of nautical and aeronautical products
by NOAA.

TITLE IX--MANAGEMENT REFORMS OF THE FEDERAL AVIATION ADMINISTRATION

Sec. 901. Short title.
Sec. 902. Amendments to title 49, United States Code.
Sec. 903. Definitions.
Sec. 904. Findings.
Sec. 905. Air traffic control system defined.
Sec. 906. Chief Operating Officer for air traffic services.
Sec. 907. Federal Aviation Management Advisory Council.
Sec. 908. Compensation of the Administrator.
Sec. 909. National airspace redesign.
Sec. 910. FAA costs and allocations system management.
Sec. 911. Air traffic modernization pilot program.

TITLE X--METROPOLITAN AIRPORTS AUTHORITY IMPROVEMENT ACT

Sec. 1001. Short title.
Sec. 1002. Removal of limitation.

TITLE XI--NOISE ABATEMENT

Sec. 1101. Good neighbors policy.
Sec. 1102. GAO review of aircraft engine noise assessment.
Sec. 1103. GAO review of FAA community noise assessment.

TITLE XII--STUDY TO ENSURE CONSUMER INFORMATION

Sec. 1201. Short title.
Sec. 1202. National Commission to Ensure Consumer Information and
Choice in the Airline Industry.

TITLE XIII--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

Sec. 1301. Authorization of appropriations.
Sec. 1302. Integrated national aviation research plan.
Sec. 1303. Internet availability of information.
Sec. 1304. Research on nonstructural aircraft systems.
Sec. 1305. Post Free Flight Phase I activities.
Sec. 1306. Research program to improve airfield pavements.
Sec. 1307. Sense of Senate regarding protecting the frequency spectrum
used for aviation communication.
Sec. 1308. Study.

TITLE XIV--AIRLINE CUSTOMER SERVICE COMMITMENT

Sec. 1401. Airline customer service reports.
Sec. 1402. Increased financial responsibility for lost baggage.
Sec. 1403. Increased penalty for violation of aviation consumer
protection laws.
Sec. 1404. Comptroller General investigation.
Sec. 1405. Funding of enforcement of airline consumer protections.

TITLE XV--PENALTIES FOR UNRULY PASSENGERS

Sec. 1501. Penalties for unruly passengers.
Sec. 1502. Deputizing of strike State and local law enforcement
officers.
Sec. 1503. Study and report on aircraft noise.

TITLE XVI--AIRLINE COMMISSION

Sec. 1601. Short title.
Sec. 1602. National Commission to Ensure Consumer Information and
Choice in the Airline Industry.

TITLE XVII--TRANSPORTATION OF ANIMALS

Sec. 1701. Short title; table of contents.
Sec. 1702. Findings.

Subtitle A--Animal Welfare

Sec. 1711. Definition of transport.
Sec. 1712. Information on incidence of animals in air transport.
Sec. 1713. Reports by carriers on incidents involving animals during
air transport.
Sec. 1714. Annual reports.

Subtitle B--Transportation

Sec. 1721. Policies and procedures for transporting animals.
Sec. 1722. Civil penalties and compensation for loss, injury, or death
of animals during air transport.
Sec. 1723. Cargo hold improvements to protect animal health and safety.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
TITLE I--AUTHORIZATIONS

SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

(a) In General.--Section 106(k) is amended to read as
follows:
``(k) Authorization of Appropriations for Operations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Transportation for operations of the
Administration $5,632,000,000 for fiscal year 1999,
$5,784,000,000 for fiscal year 2000, $6,073,000,000 for
fiscal year 2001, and $6,377,000,000 for fiscal year 2002. Of
the amounts authorized to be appropriated for fiscal year
2000, not more than $9,100,000 shall be used to support air
safety efforts through payment of United States membership
obligations, to be paid as soon as practicable.
``(2) Authorized expenditures.--Of the amounts appropriated
under paragraph (1) $450,000 may be used for wildlife hazard
mitigation measures and management of the wildlife strike
database of the Federal Aviation Administration.
``(3) University consortium.--There are authorized to be
appropriated not more than $9,100,000 for the 3 fiscal year
period beginning with fiscal year 2000 to support a
university consortium established to provide an air safety
and security management certificate program, working
cooperatively with the Federal Aviation Administration and
United States air carriers. Funds authorized under this
paragraph--
``(A) may not be used for the construction of a building or
other facility; and
``(B) shall be awarded on the basis of open competition.''.
(b) Coordination.--The authority granted the Secretary
under section 41720 of title 49, United States Code, does not
affect the Secretary's authority under any other provision of
law.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

(a) In General.--Section 48101(a) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) $2,131,000,000 for fiscal year 1999.
``(2) $2,689,000,000 for fiscal year 2000.
``(3) $2,799,000,000 for fiscal year 2001.
``(4) $2,914,000,000 for fiscal year 2002.''.
(b) Continuation of ILS Inventory Program.--Section
44502(a)(4)(B) is amended--
(1) by striking ``fiscal years 1995 and 1996'' and
inserting ``fiscal years 1999 through 2002''; and
(2) by striking ``acquisition,'' and inserting
``acquisition under new or existing contracts,''.
(c) Life-Cycle Cost Estimates.--The Administrator of the
Federal Aviation Administration shall establish life-cycle
cost estimates for any air traffic control modernization
project the total life-cycle costs of which equal or exceed
$50,000,000.

SEC. 103. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.

(a) Extension and Authorization.--Section 48103 is amended
by striking ``1999.'' and inserting ``1999, $4,885,000,000
for fiscal years ending before October 1, 2000,
$7,295,000,000 for fiscal years ending before October 1,
2001, and $9,705,000,000 for fiscal years ending before
October 1, 2002.''.
(b) Project Grant Authority.--Section 47104(c) is amended
by striking ``September 30, 1999,'' and inserting ``September
30, 2002,''.

SEC. 104. REPROGRAMMING NOTIFICATION REQUIREMENT.

Before reprogramming any amounts appropriated under section
106(k), 48101(a), or 48103 of title 49, United States Code,
for which notification of the Committees on Appropriations of
the Senate and the House of Representatives is required, the
Secretary of Transportation shall submit a written
explanation of the proposed reprogramming to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.

SEC. 105. AIRPORT SECURITY PROGRAM.

(a) In General.--Chapter 471 (as amended by section 202(a)
of this Act) is amended by adding at the end thereof the
following new section:

[[Page S12117]]

``Sec. 47136. Airport security program

``(a) General Authority.--To improve security at public
airports in the United States, the Secretary of
Transportation shall carry out not less than 1 project to
test and evaluate innovative aviation security systems and
related technology.
``(b) Priority.--In carrying out this section, the
Secretary shall give the highest priority to a request from
an eligible sponsor for a grant to undertake a project that--
``(1) evaluates and tests the benefits of innovative
aviation security systems or related technology, including
explosives detection systems, for the purpose of improving
aviation and aircraft physical security, access control, and
passenger and baggage screening; and
``(2) provides testing and evaluation of airport security
systems and technology in an operational, testbed
environment.
``(c) Matching Share.--Notwithstanding section 47109, the
United States Government's share of allowable project costs
for a project under this section is 100 percent.
``(d) Terms and Conditions.--The Secretary may establish
such terms and conditions as the Secretary determines
appropriate for carrying out a project under this section,
including terms and conditions relating to the form and
content of a proposal for a project, project assurances, and
schedule of payments.
``(e) Eligible Sponsor Defined.--In this section, the term
`eligible sponsor' means a nonprofit corporation composed of
a consortium of public and private persons, including a
sponsor of a primary airport, with the necessary engineering
and technical expertise to successfully conduct the testing
and evaluation of airport and aircraft related security
systems.
``(f) Authorization of Appropriations.--Of the amounts made
available to the Secretary under section 47115 in a fiscal
year, the Secretary shall make available not less than
$5,000,000 for the purpose of carrying out this section.''.
(b) Conforming Amendment.--The chapter analysis for such
chapter (as amended by section 202(b) of this Act) is amended
by inserting after the item relating to section 47135 the
following:

``47136. Airport security program.''.

SEC. 106. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

The Administrator of the Federal Aviation Administration
shall not terminate human weather observers for Automated
Surface Observation System stations until--
(1) the Secretary of Transportation determines that the
System provides consistent reporting of changing
meteorological conditions and notifies the Congress in
writing of that determination; and
(2) 60 days have passed since the report was submitted to
the Congress.
TITLE II--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

SEC. 201. REMOVAL OF THE CAP ON DISCRETIONARY FUND.

Section 47115(g) is amended by striking paragraph (4).

SEC. 202. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

(a) Codification and Improvement of 1996 Program.--
Subchapter I of chapter 471 is amended by adding at the end
thereof the following:

``Sec. 47135. Innovative financing techniques

``(a) In General.--The Secretary of Transportation is
authorized to carry out a demonstration program under which
the Secretary may approve applications under this subchapter
for not more than 20 projects for which grants received under
the subchapter may be used to implement innovative financing
techniques.
``(b) Purpose.--The purpose of the demonstration program
shall be to provide information on the use of innovative
financing techniques for airport development projects.
``(c) Limitation.--In no case shall the implementation of
an innovative financing technique under this section be used
in a manner giving rise to a direct or indirect guarantee of
any airport debt instrument by the United States Government.
``(d) Innovative Financing Technique Defined.--In this
section, the term `innovative financing technique' includes
methods of financing projects that the Secretary determines
may be beneficial to airport development, including--
``(1) payment of interest;
``(2) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible
airport development; and
``(3) flexible non-Federal matching requirements.''.
(b) Conforming Amendment.--The chapter analysis for chapter
471 is amended by inserting after the item relating to
section 47134 the following:

``47135. Innovative financing techniques.''.

SEC. 203. MATCHING SHARE.

Section 47109(a)(2) is amended by inserting ``not more
than'' before ``90 percent''.

SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COMPATIBILITY
PLANNING AND PROGRAMS.

Section 47117(e)(1)(A) is amended by striking ``31'' each
time it appears and inserting ``35''.

SEC. 205. TECHNICAL AMENDMENTS.

(a) Use of Apportionments for Alaska, Puerto Rico, and
Hawaii.--Section 47114(d)(3) is amended to read as follows:
``(3) An amount apportioned under paragraph (2) of this
subsection for airports in Alaska, Hawaii, or Puerto Rico may
be made available by the Secretary for any public airport in
those respective jurisdictions.''.
(b) Supplemental Apportionment for Alaska.--Section
47114(e) is amended--
(1) by striking ``Alternative'' in the subsection caption
and inserting ``Supplemental'';
(2) in paragraph (1) by--
(A) striking ``Instead of apportioning amounts for airports
in Alaska under'' and inserting ``Notwithstanding''; and
(B) striking ``those airports'' and inserting ``airports in
Alaska''; and
(3) striking paragraph (3) and inserting the following:
``(3) An amount apportioned under this subsection may be
used for any public airport in Alaska.''.
(c) Repeal of Apportionment Limitation on Commercial
Service Airports in Alaska.--Section 47117 is amended by
striking subsection (f) and redesignating subsections (g) and
(h) as subsections (f) and (g), respectively.
(d) Continuation of Project Funding.--Section 47108 is
amended by adding at the end thereof the following:
``(e) Change in Airport Status.--If the status of a primary
airport changes to a nonprimary airport at a time when a
development project under a multiyear agreement under
subsection (a) is not yet completed, the project shall remain
eligible for funding from discretionary funds under section
47115 of this title at the funding level and under the terms
provided by the agreement, subject to the availability of
funds.''.
(e) Grant Eligibility for Private Reliever Airports.--
Section 47102(17)(B) is amended--
(1) by striking ``or'' at the end of clause (i) and
redesignating clause (ii) as clause (iii); and
(2) by inserting after clause (i) the following:
``(ii) a privately-owned airport that, as a reliever
airport, received Federal aid for airport development prior
to October 9, 1996, but only if the Administrator issues
revised administrative guidance after July 1, 1998, for the
designation of reliever airports; or''.
(f) Passenger Facility Fee Waiver for Certain Class of
Carriers.--Section 40117(e)(2) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(B);
(2) by striking ``payment.'' in subparagraph (C) and
inserting ``payment;''; and
(3) by adding at the end thereof the following:
``(D) on flights, including flight segments, between 2 or
more points in Hawaii.''.
(g) Passenger Facility Fee Waiver for Certain Class of
Carriers or for Service to Airports in Isolated
Communities.--Section 40117(i) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking ``transportation.'' in paragraph (2)(D) and
inserting ``transportation; and''; and
(3) by adding at the end thereof the following:
``(3) may permit a public agency to request that collection
of a passenger facility fee be waived for--
``(A) passengers enplaned by any class of air carrier or
foreign air carrier if the number of passengers enplaned by
the carriers in the class constitutes not more than one
percent of the total number of passengers enplaned annually
at the airport at which the fee is imposed; or
``(B) passengers enplaned on a flight to an airport--
``(i) that has fewer than 2,500 passenger boardings each
year and receives scheduled passenger service; or
``(ii) in a community which has a population of less than
10,000 and is not connected by a land highway or vehicular
way to the land-connected National Highway System within a
State.''.
(h) Use of the Word ``gift'' and Priority for Airports in
Surplus Property Disposal.--
(1) Section 47151 is amended--
(A) by striking ``give'' in subsection (a) and inserting
``convey to'';
(B) by striking ``gift'' in subsection (a)(2) and inserting
``conveyance'';
(C) by striking ``giving'' in subsection (b) and inserting
``conveying'';
(D) by striking ``gift'' in subsection (b) and inserting
``conveyance''; and
(E) by adding at the end thereof the following:
``(d) Priority for Public Airports.--Except for requests
from another Federal agency, a department, agency, or
instrumentality of the Executive Branch of the United States
Government shall give priority to a request by a public
agency (as defined in section 47102 of this title) for
surplus property described in subsection (a) of this section
for use at a public airport.''.
(2) Section 47152 is amended--
(A) by striking ``gifts'' in the section caption and
inserting ``conveyances''; and
(B) by striking ``gift'' in the first sentence and
inserting ``conveyance''.
(3) The chapter analysis for chapter 471 is amended by
striking the item relating to section 47152 and inserting the
following:

``47152. Terms of conveyances.''.
(4) Section 47153(a) is amended--
(A) by striking ``gift'' in paragraph (1) and inserting
``conveyance'';
(B) by striking ``given'' in paragraph (1)(A) and inserting
``conveyed''; and
(C) by striking ``gift'' in paragraph (1)(B) and inserting
``conveyance''.
(i) Minimum Apportionment.--Section 47114(c)(1)(B) is
amended by adding at the end thereof the following: ``For
fiscal years beginning after fiscal year 1999, the preceding
sentence shall be applied by substituting `$650,000' for
`$500,000'.''.
(j) Apportionment for Cargo Only Airports.--
(1) Section 47114(c)(2)(A) is amended by striking ``2.5
percent'' and inserting ``3 percent''.
(2) Section 47114(c)(2) is further amended by striking
subparagraph (C) and redesignating subparagraph (D) as
subparagraph (C).
(k) Temporary Air Service Interruptions.--Section
47114(c)(1) is amended by adding at the end thereof the
following:

[[Page S12118]]

``(C) The Secretary may, notwithstanding subparagraph (A),
apportion to an airport sponsor in a fiscal year an amount
equal to the amount apportioned to that sponsor in the
previous fiscal year if the Secretary finds that--
``(i) passenger boardings at the airport fell below 10,000
in the calendar year used to calculate the apportionment;
``(ii) the airport had at least 10,000 passenger boardings
in the calendar year prior to the calendar year used to
calculate apportionments to airport sponsors in a fiscal
year; and
``(iii) the cause of the shortfall in passenger boardings
was a temporary but significant interruption in service by an
air carrier to that airport due to an employment action,
natural disaster, or other event unrelated to the demand for
air transportation at the affected airport.''.
(l) Flexibility in Pavement Design Standards.--Section
47114(d) is amended by adding at the end thereof the
following:
``(4) The Secretary may permit the use of State highway
specifications for airfield pavement construction using funds
made available under this subsection at nonprimary airports
with runways of 5,000 feet or shorter serving aircraft that
do not exceed 60,000 pounds gross weight, if the Secretary
determines that--
``(A) safety will not be negatively affected; and
``(B) the life of the pavement will not be shorter than it
would be if constructed using Administration standards.

An airport may not seek funds under this subchapter for
runway rehabilitation or reconstruction of any such airfield
pavement constructed using State highway specifications for a
period of 10 years after construction is completed.''.
(m) Eligibility of Runway Incursion Prevention Devices.--
(1) Policy.--Section 47101(a)(11) is amended by inserting
``(including integrated in-pavement lighting systems for
runways and taxiways and other runway and taxiway incursion
prevention devices)'' after ``activities''.
(2) Maximum use of safety facilities.--Section 47101(f) is
amended--
(A) by striking ``and'' at the end of paragraph (9); and
(B) by striking ``area.'' in paragraph (10) and inserting
``area; and''; and
(C) by adding at the end the following:
``(11) runway and taxiway incursion prevention devices,
including integrated in-pavement lighting systems for runways
and taxiways.''.
(3) Airport development defined.--Section 47102(3)(B)(ii)
is amended by inserting ``and including integrated in-
pavement lighting systems for runways and taxiways and other
runway and taxiway incursion prevention devices'' before the
semicolon at the end.
(n) Technical Amendments.--Section 47116(d) is amended--
(1) by striking ``In making'' and inserting the following:
``(1) Construction of new runways.--In making'';
(2) by adding at the end the following:
``(2) Airport development for turbine powered aircraft.--
In making grants to sponsors described in subsection (b)(1),
the Secretary shall give priority consideration to airport
development projects to support operations by turbine powered
aircraft, if the non-Federal share of the project is at least
40 percent.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by subparagraph (A) of this paragraph) with
paragraph (2) (as added by subparagraph (B) of this
paragraph).

SEC. 206. REPORT ON EFFORTS TO IMPLEMENT CAPACITY
ENHANCEMENTS.

Within 9 months after the date of enactment of this Act,
the Secretary of Transportation shall report to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives on efforts by the Federal Aviation
Administration to implement capacity enhancements and
improvements, both technical and procedural, such as
precision runway monitoring systems, and the time frame for
implementation of such enhancements and improvements.

SEC. 207. PRIORITIZATION OF DISCRETIONARY PROJECTS.

Section 47120 is amended--
(1) by inserting ``(a) In General.--'' before ``In''; and
(2) by adding at the end thereof the following:
``(b) Discretionary Funding To Be Used for Higher Priority
Projects.--The Administrator of the Federal Aviation
Administration shall discourage airport sponsors and airports
from using entitlement funds for lower priority projects by
giving lower priority to discretionary projects submitted by
airport sponsors and airports that have used entitlement
funds for projects that have a lower priority than the
projects for which discretionary funds are being
requested.''.

SEC. 208. PUBLIC NOTICE BEFORE GRANT ASSURANCE REQUIREMENT
WAIVED.

(a) In General.--Notwithstanding any other provision of law
to the contrary, the Secretary of Transportation may not
waive any assurance required under section 47107 of title 49,
United States Code, that requires property to be used for
aeronautical purposes unless the Secretary provides notice to
the public not less than 30 days before issuing any such
waiver. Nothing in this section shall be construed to
authorize the Secretary to issue a waiver of any assurance
required under that section.
(b) Effective Date.--This section applies to any request
filed on or after the date of enactment of this Act.

SEC. 209. DEFINITION OF PUBLIC AIRCRAFT.

Section 40102(a)(37)(B)(ii) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the ``States.'' in subclause (II) and
inserting ``States; or''; and
(3) by adding at the end thereof the following:

``(III) transporting persons aboard the aircraft if the
aircraft is operated for the purpose of prisoner
transport.''.

SEC. 210. TERMINAL DEVELOPMENT COSTS.

Section 40117 is amended by adding at the end thereof the
following:
``(j) Shell of Terminal Building.--In order to enable
additional air service by an air carrier with less than 50
percent of the scheduled passenger traffic at an airport, the
Secretary may consider the shell of a terminal building
(including heating, ventilation, and air conditioning) and
aircraft fueling facilities adjacent to an airport terminal
building to be an eligible airport-related project under
subsection (a)(3)(E).''.

SEC. 211. AIRFIELD PAVEMENT CONDITIONS.

(a) Evaluation of Options.--The Administrator of the
Federal Aviation Administration shall evaluate options for
improving the quality of information available to the
Administration on airfield pavement conditions for airports
that are part of the national air transportation system,
including--
(1) improving the existing runway condition information
contained in the Airport Safety Data Program by reviewing and
revising rating criteria and providing increased training for
inspectors;
(2) requiring such airports to submit pavement condition
index information as part of their airport master plan or as
support in applications for airport improvement grants; and
(3) requiring all such airports to submit pavement
condition index information on a regular basis and using this
information to create a pavement condition database that
could be used in evaluating the cost-effectiveness of project
applications and forecasting anticipated pavement needs.
(b) Report to Congress.--The Administrator shall transmit a
report, containing an evaluation of such options, to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure not later than 12 months after the date of
enactment of this Act.

SEC. 212. DISCRETIONARY GRANTS.

Notwithstanding any limitation on the amount of funds that
may be expended for grants for noise abatement, if any funds
made available under section 48103 of title 49, United States
Code, remain available at the end of the fiscal year for
which those funds were made available, and are not allocated
under section 47115 of that title, or under any other
provision relating to the awarding of discretionary grants
from unobligated funds made available under section 48103 of
that title, the Secretary of Transportation may use those
funds to make discretionary grants for noise abatement
activities.

SEC. 213. CONTRACT TOWER COST-SHARING.

Section 47124(b) is amended by adding at the end the
following:
``(3) Contract air traffic control tower pilot program.--
``(A) In general.--The Secretary shall establish a pilot
program to contract for air traffic control services at Level
I air traffic control towers, as defined by the Administrator
of the Federal Aviation Administration, that do not qualify
for the Contract Tower Program established under subsection
(a) and continued under paragraph (1) (hereafter in this
paragraph referred to as the `Contract Tower Program').
``(B) Program components.--In carrying out the pilot
program established under subparagraph (A), the Administrator
shall--
``(i) utilize for purposes of cost-benefit analyses,
current, actual, site-specific data, forecast estimates, or
airport master plan data provided by a facility owner or
operator and verified by the Administrator;
``(ii) approve for participation only facilities willing to
fund a pro rata share of the operating costs of the air
traffic control tower to achieve a one-to-one benefit-to-cost
ratio, as required for eligibility under the Contract Tower
Program; and
``(iii) approve for participation no more than 2 facilities
willing to fund up to 50 percent, but not less than 25
percent, of construction costs for an air traffic control
tower built by the airport operator and for each of such
facilities the Federal share of construction cost does not
exceed $1,100,000.
``(C) Priority.--In selecting facilities to participate in
the program under this paragraph, the Administrator shall
give priority to the following:
``(i) Air traffic control towers that are participating in
the Contract Tower Program but have been notified that they
will be terminated from such program because the
Administrator has determined that the benefit-to-cost ratio
for their continuation in such program is less than 1.0.
``(ii) Air traffic control towers that the Administrator
determines have a benefit-to-cost ratio of at least .50.
``(iii) Air traffic control towers of the Federal Aviation
Administration that are closed as a result of the air traffic
controllers strike in 1981.
``(iv) Air traffic control towers located at airports that
are prepared to assume partial responsibility for maintenance
costs.
``(v) Air traffic control towers that are located at
airports with safety or operational problems related to
topography, weather, runway configuration, or mix of
aircraft.
``(D) Costs exceeding benefits.--If the costs of operating
an air traffic control tower under the pilot program
established under this paragraph exceed the benefits, the
airport sponsor or State or local government having
jurisdiction over the airport shall pay the portion of the
costs that exceed such benefits.
``(E) Authorization of appropriations.--There are
authorized to be appropriation

[[Page S12119]]

$6,000,000 per fiscal year to carry out this paragraph.''.
TITLE III--AMENDMENTS TO AVIATION LAW

SEC. 301. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING
FISCAL YEARS.

(a) Chapter 401 is amended by adding at the end thereof the
following:

``Sec. 40125. Severable services contracts for periods
crossing fiscal years

``(a) In General.--The Administrator of the Federal
Aviation Administration may enter into a contract for
procurement of severable services for a period that begins in
one fiscal year and ends in the next fiscal year if (without
regard to any option to extend the period of the contract)
the contract period does not exceed one year.
``(b) Obligation of Funds.--Funds made available for a
fiscal year may be obligated for the total amount of a
contract entered into under the authority of subsection (a)
of this section.''.
(b) Conforming Amendment.--The chapter analysis for chapter
401 is amended by adding at the end thereof the following:

``40125. Severable services contracts for periods crossing fiscal
years.''.

SEC. 302. STAGE 3 NOISE LEVEL COMPLIANCE FOR CERTAIN
AIRCRAFT.

(a) Exemption for Aircraft Modification or Disposal,
Scheduled Heavy Maintenance, or Leasing-Related Flights.--
Section 47528 is amended--
(1) by striking ``subsection (b)'' in subsection (a) and
inserting ``subsection (b) or (f)'';
(2) by adding at the end of subsection (e) the following:
``(4) An air carrier operating Stage 2 aircraft under this
subsection may transport Stage 2 aircraft to or from the 48
contiguous States on a non-revenue basis in order--
``(A) to perform maintenance (including major alterations)
or preventative maintenance on aircraft operated, or to be
operated, within the limitations of paragraph (2)(B); or
``(B) conduct operations within the limitations of
paragraph (2)(B).''; and
(3) adding at the end thereof the following:
``(f) Aircraft Modification, Disposal, Scheduled Heavy
Maintenance, or Leasing.--
``(1) In general.--The Secretary shall permit a person to
operate after December 31, 1999, a Stage 2 aircraft in
nonrevenue service through the airspace of the United States
or to or from an airport in the contiguous 48 States in order
to--
``(A) sell, lease, or use the aircraft outside the
contiguous 48 States;
``(B) scrap the aircraft;
``(C) obtain modifications to the aircraft to meet Stage 3
noise levels;
``(D) perform scheduled heavy maintenance or significant
modifications on the aircraft at a maintenance facility
located in the contiguous 48 States;
``(E) deliver the aircraft to an operator leasing the
aircraft from the owner or return the aircraft to the lessor;
``(F) prepare or park or store the aircraft in anticipation
of any of the activities described in subparagraphs (A)
through (E); or
``(G) divert the aircraft to an alternative airport in the
contiguous 48 States on account of weather, mechanical, fuel,
air traffic control, or other safety reasons while conducting
a flight in order to perform any of the activities described
in subparagraphs (A) through (F).
``(2) Procedure To Be Published.--The Secretary shall
establish and publish, not later than 30 days after the date
of enactment of the Air Transportation Improvement Act a
procedure to implement paragraph (1) of this subsection
through the use of categorical waivers, ferry permits, or
other means.''.
(b) Noise Standards for Experimental Aircraft.--
(1) In general.--Section 47528(a) is amended by inserting
``(for which an airworthiness certificate other than an
experimental certificate has been issued by the
Administrator)'' after ``civil subsonic turbojet''.
(2) FAR modified.--The Federal Aviation Regulations,
contained in Part 14 of the Code of Federal Regulations, that
implement section 47528 and related provisions shall be
deemed to incorporate this change on the effective date of
this Act.

SEC. 303. GOVERNMENT AND INDUSTRY CONSORTIA.

Section 44903 is amended by adding at the end thereof the
following:
``(f) Government and Industry Consortia.--The Administrator
may establish at airports such consortia of government and
aviation industry representatives as the Administrator may
designate to provide advice on matters related to aviation
security and safety. Such consortia shall not be considered
federal advisory committees for purposes of the Federal
Advisory Committee Act (5 U.S.C. App.).''.

SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO
CONVENTION.

Section 44701 is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Bilateral Exchanges of Safety Oversight
Responsibilities.--
``(1) Notwithstanding the provisions of this chapter, and
pursuant to Article 83 Bis of the Convention on International
Civil Aviation, the Administrator may, by a bilateral
agreement with the aeronautical authorities of another
country, exchange with that country all or part of their
respective functions and duties with respect to aircraft
described in subparagraphs (A) and (B), under the following
articles of the Convention:
``(A) Article 12 (Rules of the Air).
``(B) Article 31 (Certificates of Airworthiness).
``(C) Article 32a (Licenses of Personnel).
``(2) The agreement under paragraph (1) may apply to--
``(A) aircraft registered in the United States operated
pursuant to an agreement for the lease, charter, or
interchange of the aircraft or any similar arrangement by an
operator that has its principal place of business, or, if it
has no such place of business, its permanent residence, in
another country; or
``(B) aircraft registered in a foreign country operated
under an agreement for the lease, charter, or interchange of
the aircraft or any similar arrangement by an operator that
has its principal place of business, or, if it has no such
place of business, its permanent residence, in the United
States.
``(3) The Administrator relinquishes responsibility with
respect to the functions and duties transferred by the
Administrator as specified in the bilateral agreement, under
the Articles listed in paragraph (1) of this subsection for
United States-registered aircraft transferred abroad as
described in subparagraph (A) of that paragraph, and accepts
responsibility with respect to the functions and duties under
those Articles for aircraft registered abroad that are
transferred to the United States as described in subparagraph
(B) of that paragraph.
``(4) The Administrator may, in the agreement under
paragraph (1), predicate the transfer of these functions and
duties on any conditions the Administrator deems necessary
and prudent.''.

SEC. 305. FOREIGN AVIATION SERVICES AUTHORITY.

Section 45301(a)(2) is amended to read as follows:
``(2) Services provided to a foreign government or to any
entity obtaining services outside the United States other
than--
``(A) air traffic control services; and
``(B) fees for production-certification-related service
pertaining to aeronautical products manufactured outside the
United States.''.

SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD
CHECKS; TECHNICAL AMENDMENTS TO PILOT RECORDS
IMPROVEMENT ACT.

Section 44936 is amended--
(1) by striking ``subparagraph (C))'' in subsection
(a)(1)(B) and inserting ``subparagraph (C), or in the case of
passenger, baggage, or property screening at airports, the
Administrator decides it is necessary to ensure air
transportation security)'';
(2) by striking ``individual'' in subsection (f)(1)(B)(ii)
and inserting ``individual's performance as a pilot''; and
(3) by inserting ``or from a foreign government or entity
that employed the individual,'' in subsection (f)(14)(B)
after ``exists,''.

SEC. 307. EXTENSION OF AVIATION INSURANCE PROGRAM.

Section 44310 is amended by striking ``August 6, 1999.''
and inserting ``December 31, 2003.''.

SEC. 308. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

Section 46301 is amended--
(1) by striking ``46302, 46303, or'' in subsection
(a)(1)(A);
(2) by striking ``an individual'' the first time it appears
in subsection (d)(7)(A) and inserting ``a person''; and
(3) by inserting ``or the Administrator'' in subsection (g)
after ``Secretary''.

SEC. 309. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR
TRANSPORTATION WITHOUT AN AIRMAN'S CERTIFICATE.

(a) In General.--Chapter 463 is amended by adding at the
end the following:

``Sec. 46317. Criminal penalty for pilots operating in air
transportation without an airman's certificate

``(a) Application.--This section applies only to aircraft
used to provide air transportation.
``(b) General Criminal Penalty.--An individual shall be
fined under title 18, imprisoned for not more than 3 years,
or both, if that individual--
``(1) knowingly and willfully serves or attempts to serve
in any capacity as an airman without an airman's certificate
authorizing the individual to serve in that capacity; or
``(2) knowingly and willfully employs for service or uses
in any capacity as an airman an individual who does not have
an airman's certificate authorizing the individual to serve
in that capacity.
``(c) Controlled Substance Criminal Penalty.--
``(1) In this subsection, the term `controlled substance'
has the same meaning given that term in section 102 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 802).
``(2) An individual violating subsection (b) shall be fined
under title 18, imprisoned for not more than 5 years, or
both, if the violation is related to transporting a
controlled substance by aircraft or aiding or facilitating a
controlled substance violation and that transporting, aiding,
or facilitating--
``(A) is punishable by death or imprisonment of more than 1
year under a Federal or State law; or
``(B) is related to an act punishable by death or
imprisonment for more than 1 year under a Federal or State
law related to a controlled substance (except a law related
to simple possession (as that term is used in section
46306(c)) of a controlled substance).
``(3) A term of imprisonment imposed under paragraph (2)
shall be served in addition to, and not concurrently with,
any other term of imprisonment imposed on the individual
subject to the imprisonment.''.
(b) Clerical Amendment.--The chapter analysis for chapter
463 is amended by adding at the end thereof the following:

[[Page S12120]]

``46317. Criminal penalty for pilots operating in air transportation
without an airman's certificate.''.

SEC. 310. NONDISCRIMINATORY INTERLINE INTERCONNECTION
REQUIREMENTS.

(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end thereof the following:

``Sec. 41717. Interline agreements for domestic
transportation

``(a) Nondiscriminatory Requirements.--If a major air
carrier that provides air service to an essential airport
facility has any agreement involving ticketing, baggage and
ground handling, and terminal and gate access with another
carrier, it shall provide the same services to any requesting
air carrier that offers service to a community selected for
participation in the program under section 41743 under
similar terms and conditions and on a nondiscriminatory basis
within 30 days after receiving the request, as long as the
requesting air carrier meets such safety, service, financial,
and maintenance requirements, if any, as the Secretary may by
regulation establish consistent with public convenience and
necessity. The Secretary must review any proposed agreement
to determine if the requesting carrier meets operational
requirements consistent with the rules, procedures, and
policies of the major carrier. This agreement may be
terminated by either party in the event of failure to meet
the standards and conditions outlined in the agreement.
``(b) Definitions.--In this section the term `essential
airport facility' means a large hub airport (as defined in
section 41731(a)(3)) in the contiguous 48 States in which one
carrier has more than 50 percent of such airport's total
annual enplanements.''.
(b) Clerical Amendment.--The chapter analysis for
subchapter I of chapter 417 is amended by adding at the end
thereof the following:

``41717. Interline agreements for domestic transportation.''.

SEC. 311. REVIEW PROCESS FOR EMERGENCY ORDERS UNDER SECTION
44709.

Section 44709(e) is amended to read as follows:
``(e) Effectiveness of Orders Pending Appeal.--
``(1) In general.--When a person files an appeal with the
Board under subsection (d) of this section, the order of the
Administrator is stayed.
``(2) Exception.--Notwithstanding paragraph (1), the order
of the Administrator is effective immediately if the
Administrator advises the Board that an emergency exists and
safety in air commerce or air transportation requires the
order to be effective immediately.
``(3) Review of emergency order.--A person affected by the
immediate effectiveness of the Administrator's order under
paragraph (2) may request a review by the Board, under
procedures promulgated by the Board, on the issues of the
appeal that are related to the existence of an emergency. Any
such review shall be requested within 48 hours after the
order becomes effective. If the Administrator is unable to
demonstrate to the Board that an emergency exists that
requires the immediate application of the order in the
interest of safety in air commerce and air transportation,
the order shall, notwithstanding paragraph (2), be stayed.
The Board shall dispose of a review request under this
paragraph within 5 days after it is filed.
``(4) Final disposition.--The Board shall make a final
disposition of an appeal under subsection (d) within 60 days
after the appeal is filed.''.
TITLE IV--MISCELLANEOUS

SEC. 401. OVERSIGHT OF FAA RESPONSE TO YEAR 2000 PROBLEM.

The Administrator of the Federal Aviation Administration
shall report to the Senate Committee on Commerce, Science,
and Transportation and the House Committee on Transportation
and Infrastructure every 3 months through December 31, 2000,
in oral or written form, on electronic data processing
problems associated with the year 2000 within the
Administration.

SEC. 402. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINE.

(a) In General.--The Administrator of the Federal Aviation
Administration shall require by regulation that, not later
than December 31, 2002, collision avoidance equipment be
installed on each cargo airplane with a maximum certificated
takeoff weight in excess of 15,000 kilograms.
(b) Extension.--The Administrator may extend the deadline
imposed by subsection (a) for not more than 2 years if the
Administrator finds that the extension is needed to promote--
(1) a safe and orderly transition to the operation of a
fleet of cargo aircraft equipped with collision avoidance
equipment; or
(2) other safety or public interest objectives.
(c) Collision Avoidance Equipment.--For purposes of this
section, the term ``collision avoidance equipment'' means
TCAS II equipment (as defined by the Administrator), or any
other similar system approved by the Administrator for
collision avoidance purposes.

SEC. 403. RUNWAY SAFETY AREAS; PRECISION APPROACH PATH
INDICATORS.

Within 6 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall solicit comments on the need for--
(1) the improvement of runway safety areas; and
(2) the installation of precision approach path indicators.

SEC. 404. AIRPLANE EMERGENCY LOCATORS.

(a) Requirement.--Section 44712(b) is amended to read as
follows:
``(b) Nonapplication.--Subsection (a) does not apply to
aircraft when used in--
``(1) scheduled flights by scheduled air carriers holding
certificates issued by the Secretary of Transportation under
subpart II of this part;
``(2) training operations conducted entirely within a 50-
mile radius of the airport from which the training operations
begin;
``(3) flight operations related to the design and testing,
manufacture, preparation, and delivery of aircraft;
``(4) showing compliance with regulations, exhibition, or
air racing; or
``(5) the aerial application of a substance for an
agricultural purpose.''.
(b) Compliance.--Section 44712 is amended by redesignating
subsection (c) as subsection (d), and by inserting after
subsection (b) the following:
``(c) Compliance.--An aircraft is deemed to meet the
requirement of subsection (a) if it is equipped with an
emergency locator transmitter that transmits on the 121.5/243
megahertz frequency or the 406 megahertz frequency, or with
other equipment approved by the Secretary for meeting the
requirement of subsection (a).''.
(c) Effective Date; Regulations.--
(1) Regulations.--The Secretary of Transportation shall
promulgate regulations under section 44712(b) of title 49,
United States Code, as amended by this section not later than
January 1, 2002.
(2) Effective date.--The amendments made by this section
shall take effect on January 1, 2002.

SEC. 405. COUNTERFEIT AIRCRAFT PARTS.

(a) Denial; Revocation; Amendment of Certificate.--
(1) In general.--Chapter 447 is amended by adding at the
end thereof the following:

``Sec. 44725. Denial and revocation of certificate for
counterfeit parts violations

``(a) Denial of Certificate.--
``(1) In general.--Except as provided in paragraph (2) of
this subsection and subsection (e)(2) of this section, the
Administrator may not issue a certificate under this chapter
to any person--
``(A) convicted of a violation of a law of the United
States or of a State relating to the installation,
production, repair, or sale of a counterfeit or falsely-
represented aviation part or material; or
``(B) subject to a controlling or ownership interest of an
individual convicted of such a violation.
``(2) Exception.--Notwithstanding paragraph (1), the
Administrator may issue a certificate under this chapter to a
person described in paragraph (1) if issuance of the
certificate will facilitate law enforcement efforts.
``(b) Revocation of Certificate.--
``(1) In general.--Except as provided in subsections (f)
and (g) of this section, the Administrator shall issue an
order revoking a certificate issued under this chapter if the
Administrator finds that the holder of the certificate, or an
individual who has a controlling or ownership interest in the
holder--
``(A) was convicted of a violation of a law of the United
States or of a State relating to the installation,
production, repair, or sale of a counterfeit or falsely-
represented aviation part or material; or
``(B) knowingly carried out or facilitated an activity
punishable under such a law.
``(2) No authority to review violation.--In carrying out
paragraph (1) of this subsection, the Administrator may not
review whether a person violated such a law.
``(c) Notice Requirement.--Before the Administrator revokes
a certificate under subsection (b), the Administrator shall--
``(1) advise the holder of the certificate of the reason
for the revocation; and
``(2) provide the holder of the certificate an opportunity
to be heard on why the certificate should not be revoked.
``(d) Appeal.--The provisions of section 44710(d) apply to
the appeal of a revocation order under subsection (b). For
the purpose of applying that section to such an appeal,
`person' shall be substituted for `individual' each place it
appears.
``(e) Acquittal or Reversal.--
``(1) In general.--The Administrator may not revoke, and
the Board may not affirm a revocation of, a certificate under
subsection (b)(1)(B) of this section if the holder of the
certificate, or the individual, is acquitted of all charges
related to the violation.
``(2) Reissuance.--The Administrator may reissue a
certificate revoked under subsection (b) of this section to
the former holder if--
``(A) the former holder otherwise satisfies the
requirements of this chapter for the certificate;
``(B) the former holder, or individual, is acquitted of all
charges related to the violation on which the revocation was
based; or
``(C) the conviction of the former holder, or individual,
of the violation on which the revocation was based is
reversed.
``(f) Waiver.--The Administrator may waive revocation of a
certificate under subsection (b) of this section if--
``(1) a law enforcement official of the United States
Government, or of a State (with respect to violations of
State law), requests a waiver; and
``(2) the waiver will facilitate law enforcement efforts.
``(g) Amendment of Certificate.--If the holder of a
certificate issued under this chapter is other than an
individual and the Administrator finds that--
``(1) an individual who had a controlling or ownership
interest in the holder committed a violation of a law for the
violation of which a certificate may be revoked under this
section, or knowingly carried out or facilitated an activity
punishable under such a law; and
``(2) the holder satisfies the requirements for the
certificate without regard to that individual,
then the Administrator may amend the certificate to impose a
limitation that the certificate will not be valid if that
individual has a controlling or ownership interest in the
holder. A

[[Page S12121]]

decision by the Administrator under this subsection is not
reviewable by the Board.''.
(2) Conforming amendment.--The chapter analysis for chapter
447 is amended by adding at the end thereof the following:

``44725. Denial and revocation of certificate for counterfeit parts
violations.''.
(b) Prohibition on Employment.--Section 44711 is amended by
adding at the end thereof the following:
``(c) Prohibition on Employment of Convicted Counterfeit
Part Dealers.--No person subject to this chapter may employ
anyone to perform a function related to the procurement,
sale, production, or repair of a part or material, or the
installation of a part into a civil aircraft, who has been
convicted of a violation of any Federal or State law relating
to the installation, production, repair, or sale of a
counterfeit or falsely-represented aviation part or
material.''.

SEC. 406. FAA MAY FINE UNRULY PASSENGERS.

(a) In General.--Chapter 463 (as amended by section 309) is
amended by adding at the end thereof the following:

``Sec. 46318. Interference with cabin or flight crew

``(a) In General.--An individual who interferes with the
duties or responsibilities of the flight crew or cabin crew
of a civil aircraft, or who poses an imminent threat to the
safety of the aircraft or other individuals on the aircraft,
is liable to the United States Government for a civil penalty
of not more than $10,000, which shall be paid to the Federal
Aviation Administration and deposited in the account
established by section 45303(c).
``(b) Compromise and Setoff.--
``(1) The Secretary of Transportation or the Administrator
may compromise the amount of a civil penalty imposed under
subsection (a).
``(2) The Government may deduct the amount of a civil
penalty imposed or compromised under this section from
amounts it owes the individual liable for the penalty.''.
(b) Conforming Change.--The chapter analysis for chapter
463 is amended by adding at the end thereof the following:

``46318. Interference with cabin or flight crew.''.

SEC. 407. HIGHER STANDARDS FOR HANDICAPPED ACCESS.

(a) Establishment of Higher International Standards.--The
Secretary of Transportation shall work with appropriate
international organizations and the aviation authorities of
other nations to bring about their establishment of higher
standards for accommodating handicapped passengers in air
transportation, particularly with respect to foreign air
carriers that code-share with domestic air carriers.
(b) Investigation of All Complaints Required.--Section
41705 is amended--
(1) by inserting ``(a) In General.--'' before ``In
providing'';
(2) by striking ``carrier'' and inserting ``carrier,
including any foreign air carrier doing business in the
United States,''; and
(3) by adding at the end thereof the following:
``(b) Each Act Constitutes Separate Offense.--Each separate
act of discrimination prohibited by subsection (a)
constitutes a separate violation of that subsection.
``(c) Investigation of Complaints.--
``(1) In general.--The Secretary or a person designated by
the Secretary shall investigate each complaint of a violation
of subsection (a).
``(2) Publication of data.--The Secretary or a person
designated by the Secretary shall publish disability-related
complaint data in a manner comparable to other consumer
complaint data.
``(3) Employment.--The Secretary is authorized to employ
personnel necessary to enforce this section.
``(4) Review and report.--The Secretary or a person
designated by the Secretary shall regularly review all
complaints received by air carriers alleging discrimination
on the basis of disability, and report annually to Congress
on the results of such review.
``(5) Technical assistance.--Not later than 180 days after
enactment of the Air Transportation and Improvement Act, the
Secretary shall--
``(A) implement a plan, in consultation with the Department
of Justice, United States Architectural and Transportation
Barriers Compliance Board, and the National Council on
Disability, to provide technical assistance to air carriers
and individuals with disabilities in understanding the rights
and responsibilities of this section; and
``(B) ensure the availability and provision of appropriate
technical assistance manuals to individuals and entities with
rights or duties under this section.''.
(c) Increased Civil Penalties.--Section 46301(a) is
amended--
(1) by inserting ``41705,'' after ``41704,'' in paragraph
(1)(A); and
(2) by adding at the end thereof the following:
``(7) Violation of section 41705.--
``(A) Credit; voucher; civil penalty.-- Unless an
individual accepts a credit or voucher for the purchase of a
ticket on an air carrier or any affiliated air carrier for a
violation of subsection (a) in an amount (determined by the
Secretary) of--
``(i) not less than $500 and not more than $2,500 for the
first violation; or
``(ii) not less than $2,500 and not more than $5,000 for
any subsequent violation,

then that air carrier is liable to the United States
Government for a civil penalty, determined by the Secretary,
of not more than 100 percent of the amount of the credit or
voucher so determined.
``(B) Remedy not exclusive.--Nothing in subparagraph (A)
precludes or affects the right of persons with disabilities
to file private rights of action under section 41705 or to
limit claims for compensatory or punitive damages asserted in
such cases.
``(C) Attorney's fees.--In addition to the penalty provided
by subparagraph (A), an individual who--
``(i) brings a civil action against an air carrier to
enforce this section; and
``(ii) who is awarded damages by the court in which the
action is brought,
may be awarded reasonable attorneys' fees and costs of
litigation reasonably incurred in bringing the action if the
court deems it appropriate.''.

SEC. 408. CONVEYANCES OF UNITED STATES GOVERNMENT LAND.

(a) In General.--Section 47125(a) is amended to read as
follows:
``(a) Conveyances to Public Agencies.--
``(1) Request for conveyance.--Except as provided in
subsection (b) of this section, the Secretary of
Transportation--
``(A) shall request the head of the department, agency, or
instrumentality of the United States Government owning or
controlling land or airspace to convey a property interest in
the land or airspace to the public agency sponsoring the
project or owning or controlling the airport when necessary
to carry out a project under this subchapter at a public
airport, to operate a public airport, or for the future
development of an airport under the national plan of
integrated airport systems; and
``(B) may request the head of such a department, agency, or
instrumentality to convey a property interest in the land or
airspace to such a public agency for a use that will
complement, facilitate, or augment airport development,
including the development of additional revenue from both
aviation and nonaviation sources.
``(2) Response to request for certain conveyances.--Within
4 months after receiving a request from the Secretary under
paragraph (1), the head of the department, agency, or
instrumentality shall--
``(A) decide whether the requested conveyance is consistent
with the needs of the department, agency, or instrumentality;
``(B) notify the Secretary of the decision; and
``(C) make the requested conveyance if--
``(i) the requested conveyance is consistent with the needs
of the department, agency, or instrumentality;
``(ii) the Attorney General approves the conveyance; and
``(iii) the conveyance can be made without cost to the
United States Government.
``(3) Reversion.--Except as provided in subsection (b), a
conveyance under this subsection may only be made on the
condition that the property interest conveyed reverts to the
Government, at the option of the Secretary, to the extent it
is not developed for an airport purpose or used consistently
with the conveyance.''.
(b) Release of Certain Conditions.--Section 47125 is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting the following after subsection (a):
``(b) Release of Certain Conditions.--The Secretary may
grant a release from any term, condition, reservation, or
restriction contained in any conveyance executed under this
section, section 16 of the Federal Airport Act, section 23 of
the Airport and Airway Development Act of 1970, or section
516 of the Airport and Airway Improvement Act of 1982, to
facilitate the development of additional revenue from
aeronautical and nonaeronautical sources if the Secretary--
``(1) determines that the property is no longer needed for
aeronautical purposes;
``(2) determines that the property will be used solely to
generate revenue for the public airport;
``(3) provides preliminary notice to the head of the
department, agency, or instrumentality that conveyed the
property interest at least 30 days before executing the
release;
``(4) provides notice to the public of the requested
release;
``(5) includes in the release a written justification for
the release of the property; and
``(6) determines that release of the property will advance
civil aviation in the United States.''.
(c) Effective Date.--Section 47125(b) of title 49, United
States Code, as added by subsection (b) of this section,
applies to property interests conveyed before, on, or after
the date of enactment of this Act.
(d) Iditarod Area School District.--Notwithstanding any
other provision of law (including section 47125 of title 49,
United States Code, as amended by this section), the
Administrator of the Federal Aviation Administration, or the
Administrator of the General Services Administration, may
convey to the Iditarod Area School District without
reimbursement all right, title, and interest in 12 acres of
property at Lake Minchumina, Alaska, identified by the
Administrator of the Federal Aviation Administration,
including the structures known as housing units 100 through
105 and as utility building 301.

SEC. 409. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

Not later than 90 days after the date of enactment of this
Act, the Administrator shall issue a notice of proposed
rulemaking to develop procedures to protect air carriers and
their employees from enforcement actions for violations of
the Federal Aviation Regulations other than criminal or
deliberate acts that are reported or discovered as a result
of voluntary reporting programs, such as the Flight
Operations Quality Assurance Program and the Aviation Safety
Action Program.

SEC. 410. WIDE AREA AUGMENTATION SYSTEM.

(a) Plan.--The Administrator of the Federal Aviation
Administration shall identify or develop a plan to implement
WAAS to provide

[[Page S12122]]

navigation and landing approach capabilities for civilian use
and make a determination as to whether a backup system is
necessary. Until the Administrator determines that WAAS is
the sole means of navigation, the Administrator shall
continue to develop and maintain a backup system.
(b) Report.--Within 6 months after the date of enactment of
this Act, the Administrator shall--
(1) report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure, on the plan developed
under subsection (a);
(2) submit a timetable for implementing WAAS; and
(3) make a determination as to whether WAAS will ultimately
become a primary or sole means of navigation and landing
approach capabilities.
(c) WAAS Defined.--For purposes of this section, the term
``WAAS'' means wide area augmentation system.
(d) Funding Authorization.--There are authorized to be
appropriated to the Secretary of Transportation such sums as
may be necessary to carry out this section.

SEC. 411. REGULATION OF ALASKA GUIDE PILOTS.

(a) In General.--Beginning on the date of the enactment of
this Act, flight operations conducted by Alaska guide pilots
shall be regulated under the general operating and flight
rules contained in part 91 of title 14, Code of Federal
Regulations.
(b) Rulemaking Proceeding.--
(1) In general.--The Administrator shall conduct a
rulemaking proceeding and issue a final rule to modify the
general operating and flight rules referred to in subsection
(a) by establishing special rules applicable to the flight
operations conducted by Alaska guide pilots.
(2) Contents of rules.--A final rule issued by the
Administrator under paragraph (1) shall require Alaska guide
pilots--
(A) to operate aircraft inspected no less often than after
125 hours of flight time;
(B) to participate in an annual flight review, as described
in section 61.56 of title 14, Code of Federal Regulations;
(C) to have at least 500 hours of flight time as a pilot;
(D) to have a commercial rating, as described in subpart F
of part 61 of such title;
(E) to hold at least a second-class medical certificate, as
described in subpart C of part 67 of such title;
(F) to hold a current letter of authorization issued by the
Administrator; and
(G) to take such other actions as the Administrator
determines necessary for safety.
(c) Definitions.--In this section, the following
definitions apply:
(1) Letter of authorization.--The term ``letter of
authorization'' means a letter issued by the Administrator
once every 5 years to an Alaska guide pilot certifying that
the pilot is in compliance with general operating and flight
rules applicable to the pilot. In the case of a multi-pilot
operation, at the election of the operating entity, a letter
of authorization may be issued by the Administrator to the
entity or to each Alaska guide pilot employed by the entity.
(2) Alaska guide pilot.--The term ``Alaska guide pilot''
means a pilot who--
(A) conducts aircraft operations over or within the State
of Alaska;
(B) operates single engine, fixed wing aircraft on floats,
wheels, or skis, providing commercial hunting, fishing, or
other guide services and related accommodations in the form
of camps or lodges; and
(C) transports clients by such aircraft incidental to
hunting, fishing, or other guide services, or uses air
transport to enable guided clients to reach hunting or
fishing locations.

SEC. 412. ALASKA RURAL AVIATION IMPROVEMENT.

(a) Application of FAA Regulations.--Section 40113 is
amended by adding at the end thereof the following:
``(f) Application of Certain Regulations to Alaska.--In
amending title 14, Code of Federal Regulations, in a manner
affecting intrastate aviation in Alaska, the Administrator of
the Federal Aviation Administration shall consider the extent
to which Alaska is not served by transportation modes other
than aviation, and shall establish such regulatory
distinctions as the Administrator considers appropriate.''.
(b) Aviation Closed Circuit Television.--The Administrator
of the Federal Aviation Administration, in consultation with
commercial and general aviation pilots, shall install closed
circuit weather surveillance equipment at not fewer that 15
rural airports in Alaska and provide for the dissemination of
information derived from such equipment to pilots for pre-
flight planning purposes and en route purposes, including
through the dissemination of such information to pilots by
flight service stations. There are authorized to be
appropriated $2,000,000 for the purposes of this subsection.
(c) Mike-in-hand Weather Observation.--The Administrator of
the Federal Aviation Administration and the Assistant
Administrator of the National Weather Service, in
consultation with the National Transportation Safety Board
and the Governor of the State of Alaska, shall develop and
implement a ``mike-in-hand'' weather observation program in
Alaska under which Federal Aviation Administration employees,
National Weather Service employees, other Federal or State
employees sited at an airport, or persons contracted
specifically for such purpose (including part-time contract
employees who are not sited at such airport), will provide
near-real time aviation weather information via radio and
otherwise to pilots who request such information.
(d) Rural IFR Compliance.--There are authorized to be
appropriated $4,000,000 to the Administrator for runway
lighting and weather reporting systems at remote airports in
Alaska to implement the CAPSTONE project.

SEC. 413. HUMAN FACTORS PROGRAM.

(a) In General.--Chapter 445 is amended by adding at the
end thereof the following:

``Sec. 44516. Human factors program

``(a) Report.--The Administrator of the Federal Aviation
Administration shall report within 1 year after the date of
enactment of the Air Transportation Improvement Act to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on the status of the Administration's efforts
to encourage the adoption and implementation of Advanced
Qualification Programs for air carriers under this section.
``(b) Human Factors Training.--
``(1) Air traffic controllers.--The Administrator shall--
``(A) address the problems and concerns raised by the
National Research Council in its report `The Future of Air
Traffic Control' on air traffic control automation; and
``(B) respond to the recommendations made by the National
Research Council.
``(2) Pilots and flight crews.--The Administrator shall
work with the aviation industry to develop specific training
curricula to address critical safety problems, including
problems of pilots--
``(A) in recovering from loss of control of the aircraft,
including handling unusual attitudes and mechanical
malfunctions;
``(B) in deviating from standard operating procedures,
including inappropriate responses to emergencies and
hazardous weather;
``(C) in awareness of altitude and location relative to
terrain to prevent controlled flight into terrain; and
``(D) in landing and approaches, including nonprecision
approaches and go-around procedures.
``(c) Accident Investigations.--The Administrator, working
with the National Transportation Safety Board and
representatives of the aviation industry, shall establish a
process to assess human factors training as part of accident
and incident investigations.
``(d) Test Program.--The Administrator shall establish a
test program in cooperation with United States air carriers
to use model Jeppesen approach plates or other similar tools
to improve nonprecision landing approaches for aircraft.
``(e) Advanced Qualification Program Defined.--For purposes
of this section, the term `advanced qualification program'
means an alternative method for qualifying, training,
certifying, and ensuring the competency of flight crews and
other commercial aviation operations personnel subject to the
training and evaluation requirements of Parts 121 and 135 of
title 14, Code of Federal Regulations.''.
(b) Automation and Associated Training.--The Administrator
of the Federal Aviation Administration shall complete the
Administration's updating of training practices for flight
deck automation and associated training requirements within
12 months after the date of enactment of this Act.
(c) Conforming Amendment.--The chapter analysis for chapter
445 is amended by adding at the end thereof the following:

``44516. Human factors program.''.

SEC. 414. INDEPENDENT VALIDATION OF FAA COSTS AND
ALLOCATIONS.

(a) Independent Assessment.--
(1) Initiation.--Not later than 90 days after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall initiate the analyses
described in paragraph (2). In conducting the analyses, the
Inspector General shall ensure that the analyses are carried
out by 1 or more entities that are independent of the Federal
Aviation Administration. The Inspector General may use the
staff and resources of the Inspector General or may contract
with independent entities to conduct the analyses.
(2) Assessment of adequacy and accuracy of faa cost data
and attributions.--To ensure that the method for capturing
and distributing the overall costs of the Federal Aviation
Administration is appropriate and reasonable, the Inspector
General shall conduct an assessment that includes the
following:
(A)(i) Validation of Federal Aviation Administration cost
input data, including an audit of the reliability of Federal
Aviation Administration source documents and the integrity
and reliability of the Federal Aviation Administration's data
collection process.
(ii) An assessment of the reliability of the Federal
Aviation Administration's system for tracking assets.
(iii) An assessment of the reasonableness of the Federal
Aviation Administration's bases for establishing asset values
and depreciation rates.
(iv) An assessment of the Federal Aviation Administration's
system of internal controls for ensuring the consistency and
reliability of reported data to begin immediately after full
operational capability of the cost accounting system.
(B) A review and validation of the Federal Aviation
Administration's definition of the services to which the
Federal Aviation Administration ultimately attributes its
costs, and the methods used to identify direct costs
associated with the services.
(C) An assessment and validation of the general cost pools
used by the Federal Aviation Administration, including the
rationale for and reliability of the bases on which the
Federal Aviation Administration proposes to allocate costs of
services to users and the integrity of the cost pools as well
as any other factors considered important by the Inspector
General. Appropriate

[[Page S12123]]

statistical tests shall be performed to assess relationships
between costs in the various cost pools and activities and
services to which the costs are attributed by the Federal
Aviation Administration.
(b) Deadline.--The independent analyses described in this
section shall be completed no later than 270 days after the
contracts are awarded to the outside independent contractors.
The Inspector General shall submit a final report combining
the analyses done by its staff with those of the outside
independent contractors to the Secretary of Transportation,
the Administrator, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives. The final report shall be submitted by the
Inspector General not later than 300 days after the award of
contracts.
(c) Funding.--There are authorized to be appropriated such
sums as may be necessary for the cost of the contracted audit
services authorized by this section.

SEC. 415. APPLICATION OF FEDERAL PROCUREMENT POLICY ACT.

Section 348 of the Department of Transportation and Related
Agencies Appropriations Act, 1996 (49 U.S.C. 40110 nt) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Certain Provisions of the Office of Federal
Procurement Policy Act.--Notwithstanding subsection (b)(2),
section 27 of the Office of Federal Procurement Policy Act
(41 U.S.C. 423) shall apply to the new acquisition management
system developed and implemented under subsection (a) with
the following modifications:
``(1) Subsections (f) and (g) shall not apply.
``(2) Within 90 days after the date of enactment of the Air
Transportation Improvement Act, the Administrator of the
Federal Aviation Administration shall adopt definitions for
the acquisition management system that are consistent with
the purpose and intent of the Office of Federal Procurement
Policy Act.
``(3) After the adoption of those definitions, the
criminal, civil, and administrative remedies provided under
the Office of Federal Procurement Policy Act apply to the
acquisition management system.
``(4) In the administration of the acquisition management
system, the Administrator may take adverse personnel action
under section 27(e)(3)(A)(iv) of the Office of Federal
Procurement Policy Act in accordance with the procedures
contained in the Administration's personnel management
system.''.

SEC. 416. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.

The Administrator of the Federal Aviation Administration
shall report to the Congress on plans to modernize the
oceanic air traffic control system, including a budget for
the program, a determination of the requirements for
modernization, and, if necessary, a proposal to fund the
program.

SEC. 417. REPORT ON AIR TRANSPORTATION OVERSIGHT SYSTEM.

Beginning in calendar year 2000, the Administrator of the
Federal Aviation Administration shall report biannually to
the Congress on the air transportation oversight system
program announced by the Administration on May 13, 1998, in
detail on the training of inspectors, the number of
inspectors using the system, air carriers subject to the
system, and the budget for the system.

SEC. 418. RECYCLING OF EIS.

Notwithstanding any other provision of law to the contrary,
the Secretary of Transportation may authorize the use, in
whole or in part, of a completed environmental assessment or
environmental impact study for a new airport construction
project on the air operations area, that is substantially
similar in nature to one previously constructed pursuant to
the completed environmental assessment or environmental
impact study in order to avoid unnecessary duplication of
expense and effort, and any such authorized use shall meet
all requirements of Federal law for the completion of such an
assessment or study.

SEC. 419. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY
INFORMATION.

(a) General Rule.--Chapter 421 is amended by adding at the
end the following new subchapter:

``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``Sec. 42121. Protection of employees providing air safety
information

``(a) Discrimination Against Airline Employees.--No air
carrier or contractor or subcontractor of an air carrier may
discharge an employee of the air carrier or the contractor or
subcontractor of an air carrier or otherwise discriminate
against any such employee with respect to compensation,
terms, conditions, or privileges of employment because the
employee (or any person acting pursuant to a request of the
employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided to the Federal Government
information relating to any violation or alleged violation of
any order, regulation, or standard of the Federal Aviation
Administration or any other provision of Federal law relating
to air carrier safety under this subtitle or any other law of
the United States;
``(2) has filed, caused to be filed, or is about to file or
cause to be filed a proceeding relating to any violation or
alleged violation of any order, regulation, or standard of
the Federal Aviation Administration or any other provision of
Federal law relating to air carrier safety under this
subtitle or any other law of the United States;
``(3) testified or will testify in such a proceeding; or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.
``(b) Department of Labor Complaint Procedure.--
``(1) Filing and notification.--
``(A) In general.--In accordance with this paragraph, a
person may file (or have a person file on behalf of that
person) a complaint with the Secretary of Labor if that
person believes that an air carrier or contractor or
subcontractor of an air carrier discharged or otherwise
discriminated against that person in violation of subsection
(a).
``(B) Requirements for filing complaints.--A complaint
referred to in subparagraph (A) may be filed not later than
90 days after an alleged violation occurs. The complaint
shall state the alleged violation.
``(C) Notification.--Upon receipt of a complaint submitted
under subparagraph (A), the Secretary of Labor shall notify
the air carrier, contractor, or subcontractor named in the
complaint and the Administrator of the Federal Aviation
Administration of the--
``(i) filing of the complaint;
``(ii) allegations contained in the complaint;
``(iii) substance of evidence supporting the complaint; and
``(iv) opportunities that are afforded to the air carrier,
contractor, or subcontractor under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--
``(i) Investigation.--Not later than 60 days after receipt
of a complaint filed under paragraph (1) and after affording
the person named in the complaint an opportunity to submit to
the Secretary of Labor a written response to the complaint
and an opportunity to meet with a representative of the
Secretary to present statements from witnesses, the Secretary
of Labor shall conduct an investigation and determine whether
there is reasonable cause to believe that the complaint has
merit and notify in writing the complainant and the person
alleged to have committed a violation of subsection (a) of
the Secretary's findings.
``(ii) Order.--Except as provided in subparagraph (B), if
the Secretary of Labor concludes that there is reasonable
cause to believe that a violation of subsection (a) has
occurred, the Secretary shall accompany the findings referred
to in clause (i) with a preliminary order providing the
relief prescribed under paragraph (3)(B).
``(iii) Objections.--Not later than 30 days after the date
of notification of findings under this paragraph, the person
alleged to have committed the violation or the complainant
may file objections to the findings or preliminary order and
request a hearing on the record.
``(iv) Effect of filing.--The filing of objections under
clause (iii) shall not operate to stay any reinstatement
remedy contained in the preliminary order.
``(v) Hearings.--Hearings conducted pursuant to a request
made under clause (iii) shall be conducted expeditiously and
governed by the Federal Rules of Civil Procedure. If a
hearing is not requested during the 30-day period prescribed
in clause (iii), the preliminary order shall be deemed a
final order that is not subject to judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The Secretary of
Labor shall dismiss a complaint filed under this subsection
and shall not conduct an investigation otherwise required
under subparagraph (A) unless the complainant makes a prima
facie showing that any behavior described in paragraphs (1)
through (4) of subsection (a) was a contributing factor in
the unfavorable personnel action alleged in the complaint.
``(ii) Showing by employer.--Notwithstanding a finding by
the Secretary that the complainant has made the showing
required under clause (i), no investigation otherwise
required under subparagraph (A) shall be conducted if the
employer demonstrates, by clear and convincing evidence, that
the employer would have taken the same unfavorable personnel
action in the absence of that behavior.
``(iii) Criteria for determination by secretary.--The
Secretary may determine that a violation of subsection (a)
has occurred only if the complainant demonstrates that any
behavior described in paragraphs (1) through (4) of
subsection (a) was a contributing factor in the unfavorable
personnel action alleged in the complaint.
``(iv) Prohibition.--Relief may not be ordered under
subparagraph (A) if the employer demonstrates by clear and
convincing evidence that the employer would have taken the
same unfavorable personnel action in the absence of that
behavior.
``(3) Final order.--
``(A) Deadline for issuance; settlement agreements.--
``(i) In general.--Not later than 120 days after conclusion
of a hearing under paragraph (2), the Secretary of Labor
shall issue a final order that--

``(I) provides relief in accordance with this paragraph; or
``(II) denies the complaint.

``(ii) Settlement agreement.--At any time before issuance
of a final order under this paragraph, a proceeding under
this subsection may be terminated on the basis of a
settlement agreement entered into by the Secretary of Labor,
the complainant, and the air carrier, contractor, or
subcontractor alleged to have committed the violation.
``(B) Remedy.--If, in response to a complaint filed under
paragraph (1), the Secretary of Labor determines that a
violation of subsection (a) has occurred, the Secretary of
Labor shall

[[Page S12124]]

order the air carrier, contractor, or subcontractor that the
Secretary of Labor determines to have committed the violation
to--
``(i) take action to abate the violation;
``(ii) reinstate the complainant to the former position of
the complainant and ensure the payment of compensation
(including back pay) and the restoration of terms,
conditions, and privileges associated with the employment;
and
``(iii) provide compensatory damages to the complainant.
``(C) Costs of complaint.--If the Secretary of Labor issues
a final order that provides for relief in accordance with
this paragraph, the Secretary of Labor, at the request of the
complainant, shall assess against the air carrier,
contractor, or subcontractor named in the order an amount
equal to the aggregate amount of all costs and expenses
(including attorney and expert witness fees) reasonably
incurred by the complainant (as determined by the Secretary
of Labor) for, or in connection with, the bringing of the
complaint that resulted in the issuance of the order.
``(4) Frivolous complaints.--Rule 11 of the Federal Rules
of Civil Procedure applies to any complaint brought under
this section that the Secretary finds to be frivolous or to
have been brought in bad faith.
``(5) Review.--
``(A) Appeal to court of appeals.--
``(i) In general.--Not later than 60 days after a final
order is issued under paragraph (3), a person adversely
affected or aggrieved by that order may obtain review of the
order in the United States court of appeals for the circuit
in which the violation allegedly occurred or the circuit in
which the complainant resided on the date of that violation.
``(ii) Requirements for judicial review.--A review
conducted under this paragraph shall be conducted in
accordance with chapter 7 of title 5. The commencement of
proceedings under this subparagraph shall not, unless ordered
by the court, operate as a stay of the order that is the
subject of the review.
``(B) Limitation on collateral attack.--An order referred
to in subparagraph (A) shall not be subject to judicial
review in any criminal or other civil proceeding.
``(6) Enforcement of order by secretary of labor.--
``(A) In general.--If an air carrier, contractor, or
subcontractor named in an order issued under paragraph (3)
fails to comply with the order, the Secretary of Labor may
file a civil action in the United States district court for
the district in which the violation occurred to enforce that
order.
``(B) Relief.--In any action brought under this paragraph,
the district court shall have jurisdiction to grant any
appropriate form of relief, including injunctive relief and
compensatory damages.
``(7) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose behalf an
order is issued under paragraph (3) may commence a civil
action against the air carrier, contractor, or subcontractor
named in the order to require compliance with the order. The
appropriate United States district court shall have
jurisdiction, without regard to the amount in controversy or
the citizenship of the parties, to enforce the order.
``(B) Attorney fees.--In issuing any final order under this
paragraph, the court may award costs of litigation (including
reasonable attorney and expert witness fees) to any party if
the court determines that the awarding of those costs is
appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28.
``(d) Nonapplicability to Deliberate Violations.--
Subsection (a) shall not apply with respect to an employee of
an air carrier, or contractor or subcontractor of an air
carrier who, acting without direction from the air carrier
(or an agent, contractor, or subcontractor of the air
carrier), deliberately causes a violation of any requirement
relating to air carrier safety under this subtitle or any
other law of the United States.
``(e) Contractor Defined.--In this section, the term
`contractor' means a company that performs safety-sensitive
functions by contract for an air carrier.''.
(b) Investigations and Enforcement.--Section 347(b)(1) of
Public Law 104-50 (49 U.S.C. 106, note) is amended by
striking ``protection;'' and inserting ``protection,
including the provisions for investigations and enforcement
as provided in chapter 12 of title 5, United States Code;''.
(c) Conforming Amendment.--The chapter analysis for chapter
421 is amended by adding at the end the following:

``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM

``42121. Protection of employees providing air safety information.''.
(d) Civil Penalty.--Section 46301(a)(1)(A) is amended by
striking ``subchapter II of chapter 421,'' and inserting
``subchapter II or III of chapter 421,''.

SEC. 420. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.

Section 44502(a) is amended by adding at the end thereof
the following:
``(5) The Administrator may improve real property leased
for air navigation facilities without regard to the costs of
the improvements in relation to the cost of the lease if--
``(A) the improvements primarily benefit the government;
``(B) are essential for mission accomplishment; and
``(C) the government's interest in the improvements is
protected.''.

SEC. 421. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.

Section 47107 is amended by adding at the end thereof the
following:
``(q) Denial of Access.--
``(1) Effect of denial.--If an owner or operator of an
airport described in paragraph (2) denies access to an air
carrier described in paragraph (3), that denial shall not be
considered to be unreasonable or unjust discrimination or a
violation of this section.
``(2) Airports to which subsection applies.--An airport is
described in this paragraph if it--
``(A) is designated as a reliever airport by the
Administrator of the Federal Aviation Administration;
``(B) does not have an operating certificate issued under
part 139 of title 14, Code of Federal Regulations (or any
subsequent similar regulations); and
``(C) is located within a 35-mile radius of an airport that
has--
``(i) at least 0.05 percent of the total annual boardings
in the United States; and
``(ii) current gate capacity to handle the demands of a
public charter operation.
``(3) Air carriers described.--An air carrier is described
in this paragraph if it conducts operations as a public
charter under part 380 of title 14, Code of Federal
Regulations (or any subsequent similar regulations) with
aircraft that is designed to carry more than 9 passengers per
flight.
``(4) Definitions.--In this subsection:
``(A) Air carrier; air transportation; aircraft; airport.--
The terms `air carrier', `air transportation', `aircraft',
and `airport' have the meanings given those terms in section
40102 of this title.
``(B) Public charter.--The term `public charter' means
charter air transportation for which the general public is
provided in advance a schedule containing the departure
location, departure time, and arrival location of the
flights.''.

SEC. 422. TOURISM.

(a) Findings.--Congress finds that--
(1) through an effective public-private partnership,
Federal, State, and local governments and the travel and
tourism industry can successfully market the United States as
the premiere international tourist destination in the world;
(2) in 1997, the travel and tourism industry made a
substantial contribution to the health of the Nation's
economy, as follows:
(A) The industry is one of the Nation's largest employers,
directly employing 7,000,000 Americans, throughout every
region of the country, heavily concentrated among small
businesses, and indirectly employing an additional 9,200,000
Americans, for a total of 16,200,000 jobs.
(B) The industry ranks as the first, second, or third
largest employer in 32 States and the District of Columbia,
generating a total tourism-related annual payroll of
$127,900,000,000.
(C) The industry has become the Nation's third-largest
retail sales industry, generating a total of $489,000,000,000
in total expenditures.
(D) The industry generated $71,700,000,000 in tax revenues
for Federal, State, and local governments;
(3) the more than $98,000,000,000 spent by foreign visitors
in the United States in 1997 generated a trade services
surplus of more than $26,000,000,000;
(4) the private sector, States, and cities currently spend
more than $1,000,000,000 annually to promote particular
destinations within the United States to international
visitors;
(5) because other nations are spending hundreds of millions
of dollars annually to promote the visits of international
tourists to their countries, the United States will miss a
major marketing opportunity if it fails to aggressively
compete for an increased share of international tourism
expenditures as they continue to increase over the next
decade;
(6) a well-funded, well-coordinated international marketing
effort--combined with additional public and private sector
efforts--would help small and large businesses, as well as
State and local governments, share in the anticipated
phenomenal growth of the international travel and tourism
market in the 21st century;
(7) by making permanent the successful visa waiver pilot
program, Congress can facilitate the increased flow of
international visitors to the United States;
(8) Congress can increase the opportunities for attracting
international visitors and enhancing their stay in the United
States by--
(A) improving international signage at airports, seaports,
land border crossings, highways, and bus, train, and other
public transit stations in the United States;
(B) increasing the availability of multilingual tourist
information; and
(C) creating a toll-free, private-sector operated,
telephone number, staffed by multilingual operators, to
provide assistance to international tourists coping with an
emergency;
(9) by establishing a satellite system of accounting for
travel and tourism, the Secretary of Commerce could provide
Congress and the President with objective, thorough data that
would help policymakers more accurately gauge the size and
scope of the domestic travel and tourism industry and its
significant impact on the health of the Nation's economy; and
(10) having established the United States National Tourism
Organization under the United States National Tourism
Organization Act of 1996 (22 U.S.C. 2141 et seq.) to increase
the United States share of the international tourism market
by developing a national travel and tourism strategy,
Congress should support a long-term marketing effort and
other important regulatory reform initiatives to promote
increased travel to the United States for the benefit of
every sector of the economy.
(b) Purposes.--The purposes of this section are to provide
international visitor initiatives

[[Page S12125]]

and an international marketing program to enable the United
States travel and tourism industry and every level of
government to benefit from a successful effort to make the
United States the premiere travel destination in the world.
(c) International Visitor Assistance Task Force.--
(1) Establishment.--Not later than 9 months after the date
of enactment of this Act, the Secretary of Commerce shall
establish an Intergovernmental Task Force for International
Visitor Assistance (hereafter in this subsection referred to
as the ``Task Force'').
(2) Duties.--The Task Force shall examine--
(A) signage at facilities in the United States, including
airports, seaports, land border crossings, highways, and bus,
train, and other public transit stations, and shall identify
existing inadequacies and suggest solutions for such
inadequacies, such as the adoption of uniform standards on
international signage for use throughout the United States in
order to facilitate international visitors' travel in the
United States;
(B) the availability of multilingual travel and tourism
information and means of disseminating, at no or minimal cost
to the Government, of such information; and
(C) facilitating the establishment of a toll-free, private-
sector operated, telephone number, staffed by multilingual
operators, to provide assistance to international tourists
coping with an emergency.
(3) Membership.--The Task Force shall be composed of the
following members:
(A) The Secretary of Commerce.
(B) The Secretary of State.
(C) The Secretary of Transportation.
(D) The Chair of the Board of Directors of the United
States National Tourism Organization.
(E) Such other representatives of other Federal agencies
and private-sector entities as may be determined to be
appropriate to the mission of the Task Force by the Chairman.
(4) Chairman.--The Secretary of Commerce shall be Chairman
of the Task Force. The Task Force shall meet at least twice
each year. Each member of the Task Force shall furnish
necessary assistance to the Task Force.
(5) Report.--Not later than 18 months after the date of the
enactment of this Act, the Chairman of the Task Force shall
submit to the President and to Congress a report on the
results of the review, including proposed amendments to
existing laws or regulations as may be appropriate to
implement such recommendations.
(d) Travel and Tourism Industry Satellite System of
Accounting.--
(1) In general.--The Secretary of Commerce shall complete,
as soon as may be practicable, a satellite system of
accounting for the travel and tourism industry.
(2) Funding.--To the extent any costs or expenditures are
incurred under this subsection, they shall be covered to the
extent funds are available to the Department of Commerce for
such purpose.
(e) Authorization of Appropriations.--
(1) Authorization.--Subject to paragraph (2), there are
authorized to be appropriated such sums as may be necessary
for the purpose of funding international promotional
activities by the United States National Tourism Organization
to help brand, position, and promote the United States as the
premiere travel and tourism destination in the world.
(2) Restrictions on use of funds.--None of the funds
appropriated under paragraph (1) may be used for purposes
other than marketing, research, outreach, or any other
activity designed to promote the United States as the
premiere travel and tourism destination in the world, except
that the general and administrative expenses of operating the
United States National Tourism Organization shall be borne by
the private sector through such means as the Board of
Directors of the Organization shall determine.
(3) Report to congress.--Not later than March 30 of each
year in which funds are made available under subsection (a),
the Secretary shall submit to the Committee on Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a detailed report
setting forth--
(A) the manner in which appropriated funds were expended;
(B) changes in the United States market share of
international tourism in general and as measured against
specific countries and regions;
(C) an analysis of the impact of international tourism on
the United States economy, including, as specifically as
practicable, an analysis of the impact of expenditures made
pursuant to this section;
(D) an analysis of the impact of international tourism on
the United States trade balance and, as specifically as
practicable, an analysis of the impact on the trade balance
of expenditures made pursuant to this section; and
(E) an analysis of other relevant economic impacts as a
result of expenditures made pursuant to this section.

SEC. 423. SENSE OF THE SENATE ON PROPERTY TAXES ON PUBLIC-USE
AIRPORTS.

It is the sense of the Senate that--
(1) property taxes on public-use airports should be
assessed fairly and equitably, regardless of the location of
the owner of the airport; and
(2) the property tax recently assessed on the City of The
Dalles, Oregon, as the owner and operator of the Columbia
Gorge Regional/The Dalles Municipal Airport, located in the
State of Washington, should be repealed.

SEC. 424. FEDERAL AVIATION ADMINISTRATION PERSONNEL
MANAGEMENT SYSTEM.

(a) Applicability of Merit Systems Protection Board
Provisions.--Section 347(b) of the Department of
Transportation and Related Agencies Appropriations Act, 1996
(109 Stat. 460) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting a semicolon and ``and''; and
(3) by adding at the end thereof the following:
``(8) sections 1204, 1211-1218, 1221, and 7701-7703,
relating to the Merit Systems Protection Board.''.
(b) Appeals to Merit Systems Protection Board.--Section
347(c) of the Department of Transportation and Related
Agencies Appropriations Act, 1996 is amended to read as
follows:
``(c) Appeals to Merit Systems Protection Board.--Under the
new personnel management system developed and implemented
under subsection (a), an employee of the Federal Aviation
Administration may submit an appeal to the Merit Systems
Protection Board and may seek judicial review of any
resulting final orders or decisions of the Board from any
action that was appealable to the Board under any law, rule,
or regulation as of March 31, 1996.''.

SEC. 425. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR
USE IN RESPONDING TO OIL SPILLS.

(a) Authority.--
(1) Notwithstanding section 202 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483) and
subject to subsections (b) and (c), the Secretary of Defense
may, during the period beginning March 1, 1999, and ending on
September 30, 2002, sell aircraft and aircraft parts referred
to in paragraph (2) to a person or entity that provides oil
spill response services (including the application of oil
dispersants by air) pursuant to an oil spill response plan
that has been approved by the Secretary of the Department in
which the Coast Guard is operating.
(2) The aircraft and aircraft parts that may be sold under
paragraph (1) are aircraft and aircraft parts of the
Department of Defense that are determined by the Secretary to
be--
(A) excess to the needs of the Department; and
(B) acceptable for commercial sale.
(b) Conditions of Sale.--Aircraft and aircraft parts sold
under subsection (a)--
(1) shall have as their primary purpose usage for oil spill
spotting, observation, and dispersant delivery and may not
have any secondary purpose that would interfere with oil
spill response efforts under an oil spill response plan;
(2) may not be flown outside of or removed from the United
States except for the purpose of fulfilling an international
agreement to assist in oil spill dispersing efforts, for
immediate response efforts for an oil spill outside United
States waters that has the potential to threaten United
States waters, or for other purposes that are jointly
approved by the Secretary of Defense and the Secretary of
Transportation.
(c) Certification of Persons and Entities.--The Secretary
of Defense may sell aircraft and aircraft parts to a person
or entity under subsection (a) only if the Secretary of
Transportation certifies to the Secretary of Defense, in
writing, before the sale, that the person or entity is
capable of meeting the terms and conditions of a contract to
deliver oil spill dispersants by air, and that the overall
system to be employed by that person or entity for the
delivery and application of oil spill dispersants has been
sufficiently tested to ensure that the person or entity is
capable of being included in an oil spill response plan that
has been approved by the Secretary of the Department in which
the Coast Guard is operating.
(d) Regulations.--
(1) As soon as practicable after the date of enactment of
this Act, the Secretary of Defense shall, in consultation
with the Secretary of Transportation and the Administrator of
General Services, prescribe regulations relating to the sale
of aircraft and aircraft parts under this section.
(2) The regulations shall--
(A) ensure that the sale of the aircraft and aircraft parts
is made at a fair market value as determined by the Secretary
of Defense, and, to the extent practicable, on a competitive
basis;
(B) require a certification by the purchaser that the
aircraft and aircraft parts will be used only in accordance
with the conditions set forth in subsection (b);
(C) establish appropriate means of verifying and enforcing
the use of the aircraft and aircraft parts by the purchaser
and other end-users in accordance with the conditions set
forth in subsection (b) or pursuant to subsection (e); and
(D) ensure, to the maximum extent practicable, that the
Secretary of Defense consults with the Administrator of
General Services and with the heads of appropriate
departments and agencies of the Federal Government regarding
alternative requirements for such aircraft and aircraft parts
before the sale of such aircraft and aircraft parts under
this section.
(e) Additional Terms and Conditions.--The Secretary of
Defense may require such other terms and conditions in
connection with each sale of aircraft and aircraft parts
under this section as the Secretary considers appropriate for
such sale. Such terms and conditions shall meet the
requirements of regulations prescribed under subsection (d).
(f) Report.--Not later than March 31, 2002, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives a report on the Secretary's exercise
of authority under this section. The report shall set forth--
(1) the number and types of aircraft sold under the
authority, and the terms and conditions under which the
aircraft were sold;
(2) the persons or entities to which the aircraft were
sold; and
(3) an accounting of the current use of the aircraft sold.

[[Page S12126]]

(g) Construction.--Nothing in this section may be construed
as affecting the authority of the Administrator of the
Federal Aviation Administration under any other provision of
law.
(h) Proceeds from Sale.--The net proceeds of any amounts
received by the Secretary of Defense from the sale of
aircraft and aircraft parts under this section shall be
covered into the general fund of the Treasury as
miscellaneous receipts.

SEC 426. AIRCRAFT AND AVIATION COMPONENT REPAIR AND
MAINTENANCE ADVISORY PANEL.

(a) Establishment of Panel.--The Administrator of the
Federal Aviation Administration--
(1) shall establish an Aircraft Repair and Maintenance
Advisory Panel to review issues related to the use and
oversight of aircraft and aviation component repair and
maintenance facilities located within, or outside of, the
United States; and
(2) may seek the advice of the panel on any issue related
to methods to improve the safety of domestic or foreign
contract aircraft and aviation component repair facilities.
(b) Membership.--The panel shall consist of--
(1) 8 members, appointed by the Administrator as follows:
(A) 3 representatives of labor organizations representing
aviation mechanics;
(B) 1 representative of cargo air carriers;
(C) 1 representative of passenger air carriers;
(D) 1 representative of aircraft and aviation component
repair stations;
(E) 1 representative of aircraft manufacturers; and
(F) 1 representative of the aviation industry not described
in the preceding subparagraphs;
(2) 1 representative from the Department of Transportation,
designated by the Secretary of Transportation;
(3) 1 representative from the Department of State,
designated by the Secretary of State; and
(4) 1 representative from the Federal Aviation
Administration, designated by the Administrator.
(c) Responsibilities.--The panel shall--
(1) determine how much aircraft and aviation component
repair work and what type of aircraft and aviation component
repair work is being performed by aircraft and aviation
component repair stations located within, and outside of, the
United States to better understand and analyze methods to
improve the safety and oversight of such facilities; and
(2) provide advice and counsel to the Administrator with
respect to aircraft and aviation component repair work
performed by those stations, staffing needs, and any safety
issues associated with that work.
(d) FAA To Request Information From Foreign Aircraft Repair
Stations.--
(1) Collection of information.--The Administrator shall by
regulation request aircraft and aviation component repair
stations located outside the United States to submit such
information as the Administrator may require in order to
assess safety issues and enforcement actions with respect to
the work performed at those stations on aircraft used by
United States air carriers.
(2) Drug and alcohol testing information.--Included in the
information the Administrator requests under paragraph (1)
shall be information on the existence and administration of
employee drug and alcohol testing programs in place at such
stations, if applicable.
(3) Description of work done.--Included in the information
the Administrator requests under paragraph (1) shall be
information on the amount and type of aircraft and aviation
component repair work performed at those stations on aircraft
registered in the United States.
(e) FAA To Request Information About Domestic Aircraft
Repair Stations.--If the Administrator determines that
information on the volume of the use of domestic aircraft and
aviation component repair stations is needed in order to
better utilize Federal Aviation Administration resources, the
Administrator may--
(1) require United States air carriers to submit the
information described in subsection (d) with respect to their
use of contract and noncontract aircraft and aviation
component repair facilities located in the United States; and
(2) obtain information from such stations about work
performed for foreign air carriers.
(f) FAA To Make Information Available to Public.--The
Administrator shall make any information received under
subsection (d) or (e) available to the public.
(g) Termination.--The panel established under subsection
(a) shall terminate on the earlier of--
(1) the date that is 2 years after the date of enactment of
this Act; or
(2) December 31, 2000.
(h) Annual Report to Congress.--The Administrator shall
report annually to the Congress on the number and location of
air agency certificates that were revoked, suspended, or not
renewed during the preceding year.
(i) Definitions.--Any term used in this section that is
defined in subtitle VII of title 49, United States Code, has
the meaning given that term in that subtitle.

SEC. 427. AIRCRAFT SITUATIONAL DISPLAY DATA.

(a) In General.--A memorandum of agreement between the
Administrator of the Federal Aviation Administration and any
person that directly obtains aircraft situational display
data from the Administration shall require that--
(1) the person demonstrate to the satisfaction of the
Administrator that such person is capable of selectively
blocking the display of any aircraft-situation-display-to-
industry derived data related to any identified aircraft
registration number; and
(2) the person agree to block selectively the aircraft
registration numbers of any aircraft owner or operator upon
the Administration's request.
(b) Existing Memoranda To Be Conformed.--The Administrator
shall conform any memoranda of agreement, in effect on the
date of enactment of this Act, between the Administration and
a person under which that person obtains such data to
incorporate the requirements of subsection (a) within 30 days
after that date.

SEC. 428. ALLOCATION OF TRUST FUND FUNDING.

(a) Definitions.--In this section:
(1) Airport and airway trust fund.--The term ``Airport and
Airway Trust Fund'' means the trust fund established under
section 9502 of the Internal Revenue Code of 1986.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(3) State.--The term ``State'' means each of the States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
(4) State dollar contribution to the airport and airway
trust fund.--The term ``State dollar contribution to the
Airport and Airway Trust Fund'', with respect to a State and
fiscal year, means the amount of funds equal to the amounts
transferred to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 that are
equivalent to the taxes described in section 9502(b) of the
Internal Revenue Code of 1986 that are collected in that
State.
(b) Reporting.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, and annually thereafter, the Secretary
of the Treasury shall report to the Secretary the amount
equal to the amount of taxes collected in each State during
the preceding fiscal year that were transferred to the
Airport and Airway Trust Fund.
(2) Report by secretary.--Not later than 90 days after the
date of enactment of this Act, and annually thereafter, the
Secretary shall prepare and submit to Congress a report that
provides, for each State, for the preceding fiscal year--
(A) the State dollar contribution to the Airport and Airway
Trust Fund; and
(B) the amount of funds (from funds made available under
section 48103 of title 49, United States Code) that were made
available to the State (including any political subdivision
thereof) under chapter 471 of title 49, United States Code.

SEC. 429. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA
DEMONSTRATION PROJECT.

Within 18 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall work with the Taos Pueblo to study the feasibility of
conducting a demonstration project to require all aircraft
that fly over Taos Pueblo and the Blue Lake Wilderness Area
of Taos Pueblo, New Mexico, to maintain a mandatory minimum
altitude of at least 5,000 feet above ground level.

SEC. 430. AIRLINE MARKETING DISCLOSURE.

(a) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Air transportation.--The term ``air transportation''
has the meaning given that term in section 40102 of title 49,
United States Code.
(b) Final Regulations.--Not later than 90 days after the
date of enactment of this Act, the Secretary of
Transportation shall promulgate final regulations to provide
for improved oral and written disclosure to each consumer of
air transportation concerning the corporate name of the air
carrier that provides the air transportation purchased by
that consumer. In issuing the regulations issued under this
subsection, the Secretary shall take into account the
proposed regulations issued by the Secretary on January 17,
1995, published at page 3359, volume 60, Federal Register.

SEC. 431. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT.

(a) In General.--Section 2 of the Death on the High Seas
Act (46 U.S.C. App. 762) is amended--
(1) by inserting ``(a) In General.--'' before ``The
recovery''; and
(2) by adding at the end thereof the following:
``(b) Commercial Aviation.--
``(1) In general.--If the death was caused during
commercial aviation, additional compensation for nonpecuniary
damages for wrongful death of a decedent is recoverable in a
total amount, for all beneficiaries of that decedent, that
shall not exceed the greater of the pecuniary loss sustained
or a sum total of $750,000 from all defendants for all
claims. Punitive damages are not recoverable.
``(2) Inflation adjustment.--The $750,000 amount shall be
adjusted, beginning in calendar year 2000 by the increase, if
any, in the Consumer Price Index for all urban consumers for
the prior year over the Consumer Price Index for all urban
consumers for the calendar year 1998.
``(3) Nonpecuniary damages.--For purposes of this
subsection, the term `nonpecuniary damages' means damages for
loss of care, comfort, and companionship.''.
(b) Effective Date.--The amendment made by subsection (a)
applies to any death caused during commercial aviation
occurring after July 16, 1996.

SEC. 432. FAA STUDY OF BREATHING HOODS.

The Administrator shall study whether breathing hoods
currently available for use by flight crews when smoke is
detected are adequate and report the results of that study to
the Congress within 120 days after the date of enactment of
this Act.

SEC. 433. FAA STUDY OF ALTERNATIVE POWER SOURCES FOR FLIGHT
DATA RECORDERS AND COCKPIT VOICE RECORDERS.

The Administrator of the Federal Aviation Administration
shall study the need for an alternative power source for on-
board flight data

[[Page S12127]]

recorders and cockpit voice recorders and shall report the
results of that study to the Congress within 120 days after
the date of enactment of this Act. If, within that time, the
Administrator determines, after consultation with the
National Transportation Safety Board that the Board is
preparing recommendations with respect to this subject matter
and will issue those recommendations within a reasonable
period of time, the Administrator shall report to the
Congress the Administrator's comments on the Board's
recommendations rather than conducting a separate study.

SEC. 434. PASSENGER FACILITY FEE LETTERS OF INTENT.

The Secretary of Transportation may not require an eligible
agency (as defined in section 40117(a)(2) of title 49, United
States Code), to impose a passenger facility fee (as defined
in section 40117(a)(4) of that title) in order to obtain a
letter of intent under section 47110 of that title.

SEC. 435. ELIMINATION OF HAZMAT ENFORCEMENT BACKLOG.

(a) Findings.--The Congress makes the following findings:
(1) The transportation of hazardous materials continues to
present a serious aviation safety problem which poses a
potential threat to health and safety, and can result in
evacuations, emergency landings, fires, injuries, and deaths.
(2) Although the Federal Aviation Administration budget for
hazardous materials inspection increased $10,500,000 in
fiscal year 1998, the General Accounting Office has reported
that the backlog of hazardous materials enforcement cases has
increased from 6 to 18 months.
(b) Elimination of Hazardous Materials Enforcement
Backlog.--The Administrator of the Federal Aviation
Administration shall--
(1) make the elimination of the backlog in hazardous
materials enforcement cases a priority;
(2) seek to eliminate the backlog within 6 months after the
date of enactment of this Act; and
(3) make every effort to ensure that inspection and
enforcement of hazardous materials laws are carried out in a
consistent manner among all geographic regions, and that
appropriate fines and penalties are imposed in a timely
manner for violations.
(c) Information Regarding Progress.--The Administrator
shall provide information in oral or written form to the
Committee on Commerce, Science, and Transportation, on a
quarterly basis beginning 3 months after the date of
enactment of this Act for a year, on plans to eliminate the
backlog and enforcement activities undertaken to carry out
subsection (b).

SEC. 436. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

Nothwithstanding any other provision of law to the
contrary, the Administrator of the Federal Aviation
Administration may establish a pilot program for fiscal years
2001 through 2004 to test and evaluate the benefits of long-
term contracts for the leasing of aviation equipment and
facilities. The Administrator shall establish criteria for
the program. The Administrator may enter into no more than 10
leasing contracts under this section, each of which shall be
for a period greater than 5 years, under which the equipment
or facility operates. The contracts to be evaluated may
include requirements related to oceanic and air traffic
control, air-to-ground radio communications, and air traffic
control tower construction.

SEC. 437. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

(a) In General.--Section 41706 is amended to read as
follows:

``Sec. 41706. Prohibitions against smoking on scheduled
flights

``(a) Smoking Prohibition in Intrastate and Interstate Air
Transportation.--An individual may not smoke in an aircraft
on a scheduled airline flight segment in interstate air
transportation or intrastate air transportation.
``(b) Smoking Prohibition in Foreign Air Transportation.--
The Secretary of Transportation (referred to in this
subsection as the `Secretary') shall require all air carriers
and foreign air carriers to prohibit on and after October 1,
1999, smoking in any aircraft on a scheduled airline flight
segment within the United States or between a place in the
United States and a place outside the United States.
``(c) Limitation on Applicability.--
``(1) In general.--If a foreign government objects to the
application of subsection (b) on the basis that subsection
provides for an extraterritorial application of the laws of
the United States, the Secretary may waive the application of
subsection (b) to a foreign air carrier licensed by that
foreign government at such time as an alternative prohibition
negotiated under paragraph (2) becomes effective and is
enforced by the Secretary.
``(2) Alternative prohibition.--If, pursuant to paragraph
(1), a foreign government objects to the prohibition under
subsection (b), the Secretary shall enter into bilateral
negotiations with the objecting foreign government to provide
for an alternative smoking prohibition.
``(d) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 60 days after the date
of enactment of this Act.

SEC. 438. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

Section 47118 is amended--
(1) by striking ``12.'' in subsection (a) and inserting
``15.''; and
(2) by striking ``5-fiscal-year periods'' in subsection (d)
and inserting ``periods, each not to exceed 5 fiscal
years,''.

SEC. 439. ROLLING STOCK EQUIPMENT.

(a) In General.--Section 1168 of title 11, United States
Code, is amended to read as follows:

``Sec. 1168. Rolling stock equipment

``(a)(1) The right of a secured party with a security
interest in or of a lessor or conditional vendor of equipment
described in paragraph (2) to take possession of such
equipment in compliance with an equipment security agreement,
lease, or conditional sale contract, and to enforce any of
its other rights or remedies under such security agreement,
lease, or conditional sale contract, to sell, lease, or
otherwise retain or dispose of such equipment, is not limited
or otherwise affected by any other provision of this title or
by any power of the court, except that right to take
possession and enforce those other rights and remedies shall
be subject to section 362, if--
``(A) before the date that is 60 days after the date of
commencement of a case under this chapter, the trustee,
subject to the court's approval, agrees to perform all
obligations of the debtor under such security agreement,
lease, or conditional sale contract; and
``(B) any default, other than a default of a kind described
in section 365(b)(2), under such security agreement, lease,
or conditional sale contract--
``(i) that occurs before the date of commencement of the
case and is an event of default therewith is cured before the
expiration of such 60-day period;
``(ii) that occurs or becomes an event of default after the
date of commencement of the case and before the expiration of
such 60-day period is cured before the later of--
``(I) the date that is 30 days after the date of the
default or event of the default; or
``(II) the expiration of such 60-day period; and
``(iii) that occurs on or after the expiration of such 60-
day period is cured in accordance with the terms of such
security agreement, lease, or conditional sale contract, if
cure is permitted under that agreement, lease, or conditional
sale contract.
``(2) The equipment described in this paragraph--
``(A) is rolling stock equipment or accessories used on
rolling stock equipment, including superstructures or racks,
that is subject to a security interest granted by, leased to,
or conditionally sold to a debtor; and
``(B) includes all records and documents relating to such
equipment that are required, under the terms of the security
agreement, lease, or conditional sale contract, that is to be
surrendered or returned by the debtor in connection with the
surrender or return of such equipment.
``(3) Paragraph (1) applies to a secured party, lessor, or
conditional vendor acting in its own behalf or acting as
trustee or otherwise in behalf of another party.
``(b) The trustee and the secured party, lessor, or
conditional vendor whose right to take possession is
protected under subsection (a) may agree, subject to the
court's approval, to extend the 60-day period specified in
subsection (a)(1).
``(c)(1) In any case under this chapter, the trustee shall
immediately surrender and return to a secured party, lessor,
or conditional vendor, described in subsection (a)(1),
equipment described in subsection (a)(2), if at any time
after the date of commencement of the case under this chapter
such secured party, lessor, or conditional vendor is entitled
pursuant to subsection (a)(1) to take possession of such
equipment and makes a written demand for such possession of
the trustee.
``(2) At such time as the trustee is required under
paragraph (1) to surrender and return equipment described in
subsection (a)(2), any lease of such equipment, and any
security agreement or conditional sale contract relating to
such equipment, if such security agreement or conditional
sale contract is an executory contract, shall be deemed
rejected.
``(d) With respect to equipment first placed in service on
or prior to October 22, 1994, for purposes of this section--
``(1) the term `lease' includes any written agreement with
respect to which the lessor and the debtor, as lessee, have
expressed in the agreement or in a substantially
contemporaneous writing that the agreement is to be treated
as a lease for Federal income tax purposes; and
``(2) the term `security interest' means a purchase-money
equipment security interest.
``(e) With respect to equipment first placed in service
after October 22, 1994, for purposes of this section, the
term `rolling stock equipment' includes rolling stock
equipment that is substantially rebuilt and accessories used
on such equipment.''.
(b) Aircraft Equipment and Vessels.--Section 1110 of title
11, United States Code, is amended to read as follows:

``Sec. 1110. Aircraft equipment and vessels

``(a)(1) Except as provided in paragraph (2) and subject to
subsection (b), the right of a secured party with a security
interest in equipment described in paragraph (3), or of a
lessor or conditional vendor of such equipment, to take
possession of such equipment in compliance with a security
agreement, lease, or conditional sale contract, and to
enforce any of its other rights or remedies, under such
security agreement, lease, or conditional sale contract, to
sell, lease, or otherwise retain or dispose of such
equipment, is not limited or otherwise affected by any other
provision of this title or by any power of the court.
``(2) The right to take possession and to enforce the other
rights and remedies described in paragraph (1) shall be
subject to section 362 if--
``(A) before the date that is 60 days after the date of the
order for relief under this chapter, the trustee, subject to
the approval of the court, agrees to perform all obligations
of the debtor

[[Page S12128]]

under such security agreement, lease, or conditional sale
contract; and
``(B) any default, other than a default of a kind specified
in section 365(b)(2), under such security agreement, lease,
or conditional sale contract--
``(i) that occurs before the date of the order is cured
before the expiration of such 60-day period;
``(ii) that occurs after the date of the order and before
the expiration of such 60-day period is cured before the
later of--
``(I) the date that is 30 days after the date of the
default; or
``(II) the expiration of such 60-day period; and
``(iii) that occurs on or after the expiration of such 60-
day period is cured in compliance with the terms of such
security agreement, lease, or conditional sale contract, if a
cure is permitted under that agreement, lease, or contract.
``(3) The equipment described in this paragraph--
``(A) is--
``(i) an aircraft, aircraft engine, propeller, appliance,
or spare part (as defined in section 40102 of title 49) that
is subject to a security interest granted by, leased to, or
conditionally sold to a debtor that, at the time such
transaction is entered into, holds an air carrier operating
certificate issued pursuant to chapter 447 of title 49 for
aircraft capable of carrying 10 or more individuals or 6,000
pounds or more of cargo; or
``(ii) a documented vessel (as defined in section 30101(1)
of title 46) that is subject to a security interest granted
by, leased to, or conditionally sold to a debtor that is a
water carrier that, at the time such transaction is entered
into, holds a certificate of public convenience and necessity
or permit issued by the Department of Transportation; and
``(B) includes all records and documents relating to such
equipment that are required, under the terms of the security
agreement, lease, or conditional sale contract, to be
surrendered or returned by the debtor in connection with the
surrender or return of such equipment.
``(4) Paragraph (1) applies to a secured party, lessor, or
conditional vendor acting in its own behalf or acting as
trustee or otherwise in behalf of another party.
``(b) The trustee and the secured party, lessor, or
conditional vendor whose right to take possession is
protected under subsection (a) may agree, subject to the
approval of the court, to extend the 60-day period specified
in subsection (a)(1).
``(c)(1) In any case under this chapter, the trustee shall
immediately surrender and return to a secured party, lessor,
or conditional vendor, described in subsection (a)(1),
equipment described in subsection (a)(3), if at any time
after the date of the order for relief under this chapter
such secured party, lessor, or conditional vendor is entitled
pursuant to subsection (a)(1) to take possession of such
equipment and makes a written demand for such possession to
the trustee.
``(2) At such time as the trustee is required under
paragraph (1) to surrender and return equipment described in
subsection (a)(3), any lease of such equipment, and any
security agreement or conditional sale contract relating to
such equipment, if such security agreement or conditional
sale contract is an executory contract, shall be deemed
rejected.
``(d) With respect to equipment first placed in service on
or before October 22, 1994, for purposes of this section--
``(1) the term `lease' includes any written agreement with
respect to which the lessor and the debtor, as lessee, have
expressed in the agreement or in a substantially
contemporaneous writing that the agreement is to be treated
as a lease for Federal income tax purposes; and
``(2) the term `security interest' means a purchase-money
equipment security interest.''.

SEC. 440. MONROE REGIONAL AIRPORT LAND CONVEYANCE.

The Secretary of Transportation may waive all terms
contained in the 1949 deed of conveyance under which the
United States conveyed certain property then constituting
Selman Field, Louisiana, to the City of Monroe, Louisiana,
subject to the following conditions:
(1) The city agrees that in conveying any interest in such
property the city will receive an amount for such interest
that is equal to the fair market value for such interest.
(2) The amount received by the city for such conveyance
shall be used by the city--
(A) for the development, improvement, operation, or
maintenance of a public airport; or
(B) for the development or improvement of the city's
airport industrial park co-located with the Monroe Regional
Airport to the extent that such development or improvement
will result in an increase, over time, in the amount the
industrial park will pay to the airport to an amount that is
greater than the amount the city received for such
conveyance.

SEC. 441. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

To maintain the efficient utilization of airports in the
high-growth Cincinnati local airport system, and to ensure
that the Cincinnati-Municipal Blue Ash Airport continues to
operate to relieve congestion at Cincinnati-Northern Kentucky
International Airport and to provide greater access to the
general aviation community beyond the expiration of the City
of Cincinnati's grant obligations, the Secretary of
Transportation may approve the sale of Cincinnati-Municipal
Blue Ash Airport from the City of Cincinnati to the City of
Blue Ash upon a finding that the City of Blue Ash meets all
applicable requirements for sponsorship and if the City of
Blue Ash agrees to continue to maintain and operate Blue Ash
Airport, as generally contemplated and described within the
Blue Ash Master Plan Update dated November 30, 1998, for a
period of 20 years from the date existing grant assurance
obligations of the City of Cincinnati expire.

SEC. 442. REPORT ON SPECIALTY METALS CONSORTIUM.

The Administrator of the Federal Aviation Administration
may work with a consortium of domestic metal producers and
aircraft engine manufacturers to improve the quality of
turbine engine materials and to address melting technology
enhancements. The Administrator shall report to the Congress
within 6 months after entering into an agreement with any
such consortium of such producers and manufacturers on the
goals and efforts of the consortium.

SEC. 443. PAVEMENT CONDITION.

The Administrator of the Federal Aviation Administration
may conduct a study on the extent of alkali silica
reactivity-induced pavement distress in concrete runways,
taxiways, and aprons for airports comprising the national air
transportation system. If the Administrator conducts such a
study, it shall include a determination based on in-the-field
inspections followed by petrographic analysis or other
similar techniques.

SEC. 444. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT
PROGRAM.

(a) In General.--Subchapter I of chapter 471 is further
amended by adding at the end the following:

``Sec. 47137. Inherently low-emission airport vehicle pilot
program

``(a) In General.--The Secretary of Transportation shall
carry out a pilot program at not more than 10 public-use
airports under which the sponsors of such airports may use
funds made available under section 48103 for use at such
airports to carry out inherently low-emission vehicle
activities. Notwithstanding any other provision of this
subchapter, inherently low-emission vehicle activities shall
for purposes of the pilot program be treated as eligible for
assistance under this subchapter.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport shall be eligible
for participation in the pilot program only if the airport is
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(d)).
``(2) Shortage of candidates.--If the Secretary receives an
insufficient number of applications from public-use airports
located in such areas, then the Secretary may consider
applications from public-use airports that are not located in
such areas.
``(c) Selection Criteria.--In selecting from among
applicants for participation in the pilot program, the
Secretary shall give priority consideration to applicants
that will achieve the greatest air quality benefits measured
by the amount of emissions reduced per dollar of funds
expended under the pilot program.
``(d) United States Government's Share.--Notwithstanding
any other provision of this subchapter, the United States
Government's share of the costs of a project carried out
under the pilot program shall be 50 percent.
``(e) Maximum Amount.--Not more than $2,000,000 may be
expended under the pilot program at any single public-use
airport.
``(f) Technical Assistance.--
``(1) In general.--Participants carrying out inherently
low-emission vehicle activities under this pilot program may
use no less than 10 percent of the amounts made available for
expenditure at the airport under the pilot program to receive
technical assistance in carrying out such activities.
``(2) Eligible consortium.--To the maximum extent
practicable, participants in the pilot program shall use an
eligible consortium (as defined in section 5506 of this
title) in the region of the airport to receive technical
assistance described in paragraph (1).
``(3) Planning assistance.--The administrator may provide
$500,000 from funds made available under section 48103 to a
multi-State, western regional technology consortium for the
purposes of developing for dissemination prior to the
commencement of the pilot program a comprehensive best
practices planning guide that addresses appropriate
technologies, environmental and economic impacts, and the
role of planning and mitigation strategies.
``(g) Report to Congress.--Not later than 18 months after
the date of the enactment of the Air Transportation
Improvement Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing--
``(1) an evaluation of the effectiveness of the pilot
program;
``(2) an identification of other public-use airports that
expressed an interest in participating in the pilot program;
and
``(3) a description of the mechanisms used by the Secretary
to ensure that the information and know-how gained by
participants to the pilot program is transferred among the
participants and to other interested parties, including other
public-use airports.
``(h) Inherently Low-emission Vehicle Activity Defined.--In
this section, the term `inherently low-emission vehicle
activity' means--
``(1) the construction of infrastructure or modifications
at public-use airports to enable the delivery of fuel and
services necessary for the use of vehicles that are certified
as inherently low-emission vehicles under title 40 of the
Code of Federal Regulations, that--
``(A) operate exclusively on compressed natural gas,
liquefied natural gas, liquefied petroleum gas, electricity,
hydrogen, or a blend at least 85 percent of which is
methanol;
``(B) are labeled in accordance with section 88.312-93(c)
of such title; and
``(C) are located or primarily used at public-use airports;

[[Page S12129]]

``(2) the construction of infrastructure or modifications
at public-use airports to enable the delivery of fuel and
services necessary for the use of non-road vehicles that--
``(A) operate exclusively on compressed natural gas,
liquefied natural gas, liquefied petroleum gas, electricity,
hydrogen, or a blend at least 85 percent of which is
methanol;
``(B) meet or exceed the standards set forth in section
86.1708-99 of title 40 of the Code of Federal Regulations, or
the standards set forth in section 89.112(a) of such title,
and are in compliance with the requirements of section
89.112(b) of such title; and
``(C) are located or primarily used at public-use airports;
``(3) the payment of that portion of the cost of acquiring
such vehicles that exceeds the cost of acquiring other
vehicles or engines that would be used for the same purpose;
or
``(4) the acquisition of technological capital equipment to
enable the delivery of fuel and services necessary for the
use of vehicles described in paragraph (1).''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 471 is further amended by adding at the end the
following:

``47137. Inherently low-emission airport vehicle pilot program.''.

SEC. 445. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION OF
HIGHER EDUCATION IN OKLAHOMA.

(a) In General.--Notwithstanding any other provision of
law, including the Surplus Property Act of 1944 (58 Stat.
765, chapter 479; 50 U.S.C. App. 1622 et seq.), the Secretary
of Transportation (or the appropriate Federal officer) may
waive, without charge, any of the terms contained in any deed
of conveyance described in subsection (b) that restrict the
use of any land described in such a deed that, as of the date
of enactment of this Act, is not being used for the operation
of an airport or for air traffic. A waiver made under the
preceding sentence shall be deemed to be consistent with the
requirements of section 47153 of title 49, United States
Code.
(b) Deed of Conveyance.--A deed of conveyance referred to
in subsection (a) is a deed of conveyance issued by the
United States before the date of enactment of this Act for
the conveyance of lands to a public institution of higher
education in Oklahoma.
(c) Use of Lands Subject to Waiver.--
(1) In general.--Notwithstanding any other provision of
law, the lands subject to a waiver under subsection (a) shall
not be subject to any term, condition, reservation, or
restriction that would otherwise apply to that land as a
result of the conveyance of that land by the United States to
the institution of higher education.
(2) Use of lands.--An institution of higher education that
is issued a waiver under subsection (a) may use revenues
derived from the use, operation, or disposal of that land
only for weather-related and educational purposes that
include benefits for aviation.
(d) Grants.--
(1) In general.--Notwithstanding any other provision of
law, if an institution of higher education that is subject to
a waiver under subsection (a) received financial assistance
in the form of a grant from the Federal Aviation
Administration or a predecessor agency before the date of
enactment of this Act, then the Secretary of Transportation
may waive the repayment of the outstanding amount of any
grant that the institution of higher education would
otherwise be required to pay.
(2) Eligibility to receive subsequent grants.--Nothing in
paragraph (1) shall affect the eligibility of an institution
of higher education that is subject to that paragraph from
receiving grants from the Secretary of Transportation under
chapter 471 of title 49, United States Code, or under any
other provision of law relating to financial assistance
provided through the Federal Aviation Administration.

SEC. 446. AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED
WEATHER OBSERVING SYSTEM UPGRADE.

Section 48101 is further amended by adding at the end the
following:
``(f) Automated Surface Observation System/Automated
Weather Observing System Upgrade.--Of the amounts
appropriated under subsection (a) for fiscal years beginning
after September 30, 2000, such sums as may be necessary for
the implementation and use of upgrades to the current
automated surface observation system/automated weather
observing system, if the upgrade is successfully
demonstrated.''.

SEC. 447. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION
SYSTEM.

The Administrator of the Federal Aviation Administration
shall develop a national policy and related procedures
concerning the Terminal Automated Radar Display and
Information System and sequencing for Visual Flight Rule air
traffic control towers.

SEC. 448. COST/BENEFIT ANALYSIS FOR RETROFIT OF 16G SEATS.

Before the Administrator of the Federal Aviation
Administration issues a final rule requiring the air carriers
to retrofit existing aircraft with 16G seats, the
Administrator shall conduct, in consultation with the
Inspector General of the Department of Transportation, a
comprehensive analysis of the costs and benefits that would
be associated with the issuance of such a final rule.

SEC. 449. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.

The Secretary of Transportation may grant a release from
any term or condition in a grant agreement for the
development or improvement of the Raleigh County Memorial
Airport, West Virginia, if the Secretary determines that the
property to be released--
(1) does not exceed 400 acres; and
(2) is not needed for airport purposes.

SEC. 450. AIRPORT SAFETY NEEDS.

(a) In General.--The Administrator shall conduct a study
reviewing current and future airport safety needs that--
(1) focuses specifically on the mission of rescue
personnel, rescue operations response time, and extinguishing
equipment; and
(2) gives particular consideration to the need for
different requirements for airports that are related to the
size of the airport and the size of the community immediately
surrounding the airport.
(b) Report Transmitted to Congress; Deadline.--The
Administrator shall transmit a report containing the
Administrator's findings and recommendations to the Aviation
Subcommittee of the Senate Committee on Commerce, Science,
and Transportation and the Aviation Subcommittee of the House
of Representatives Committee on Transportation and
Infrastructure within 6 months after the date of enactment of
this Act.
(c) Cost/benefit Analysis of Proposed Changes.--If the
Administrator recommends, on the basis of a study conducted
under subsection (a), that part 139 of title 14, Code of
Federal Regulations, should be revised to meet current and
future airport safety needs, the Administrator shall include
a cost-benefit analysis of any recommended changes in the
report.

SEC. 451. FLIGHT TRAINING OF INTERNATIONAL STUDENTS.

The Federal Aviation Administration shall implement a
bilateral aviation safety agreement for conversion of flight
crew licenses between the government of the United States and
the Joint Aviation Authority member governments.

SEC. 452. GRANT PARISH, LOUISIANA.

In General.--The United States may release, without
monetary consideration, all restrictions, conditions, and
limitations on the use, encumbrance, or conveyance of certain
land located in Grant Parish, Louisiana, identified as Tracts
B, C, and D on the map entitled ``Plat of Restricted
Properties/Former Pollock Army Airfield, Pollock,
Louisiana'', dated August 1, 1996, to the extent such
restrictions, conditions, and limitations are enforceable by
the United States, but the United States shall retain the
right of access to, and use of, that land for national
defense purposes in time of war or national emergency.
(b) Mineral Rights.--Nothing in subsection (a) affects the
ownership or disposition of oil, gas, or other mineral
resources associated with land described in subsection (a).

SEC. 453. DESIGNATION OF GENERAL AVIATION AIRPORT.

Section 47118 of title 49, United States Code, is amended--
(1) in the second sentence of subsection (a), by striking
``12'' and inserting ``15''; and
(2) by adding at the end the following new subsection:
``(g) Designation of General Aviation Airport.--
Notwithstanding any other provision of this section, at least
one of the airports designated under subsection (a) may be a
general aviation airport that is a former military
installation closed or realigned under a law described in
subsection (a)(1).''.

SEC. 454. AIRLINE DEREGULATION STUDY COMMISSION.

(a) Establishment of Commission.--
(1) Establishment.--There is established a commission to be
known as the Airline Deregulation Study Commission (in this
section referred to as the ``Commission'').
(2) Membership.--
(A) Composition.--Subject to subparagraph (B), the
Commission shall be composed of 15 members of whom--
(i) 5 shall be appointed by the President;
(ii) 5 shall be appointed by the President pro tempore of
the Senate, 3 upon the recommendation of the Majority Leader,
and 2 upon the recommendation of the Minority Leader of the
Senate; and
(iii) 5 shall be appointed by the Speaker of the House of
Representatives, 3 upon the Speaker's own initiative, and 2
upon the recommendation of the Minority Leader of the House
of Representatives.
(B) Members from rural areas.--
(i) Requirement.--Of the individuals appointed to the
Commission under subparagraph (A)--

(I) one of the individuals appointed under clause (i) of
that subparagraph shall be an individual who resides in a
rural area; and
(II) two of the individuals appointed under each of clauses
(ii) and (iii) of that subparagraph shall be individuals who
reside in a rural area.

(ii) Geographic distribution.--The appointment of
individuals under subparagraph (A) pursuant to the
requirement in clause (i) of this subparagraph shall, to the
maximum extent practicable, be made so as to ensure that a
variety of geographic areas of the country are represented in
the membership of the Commission.
(C) Date.--The appointments of the members of the
Commission shall be made not later than 60 days after the
date of the enactment of this Act.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(4) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting.
(5) Meetings.--The Commission shall meet at the call of the
Chairperson.
(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Chairperson.--The Commission shall select a Chairman
and Vice Chairperson from among its members.

[[Page S12130]]

(b) Duties of the Commission.--
(1) Study.--
(A) Definitions.--In this subsection, the terms `air
carrier' and `air transportation' have the meanings given
those terms in section 40102(a).
(B) Contents.--The Commission shall conduct a thorough
study of the impacts of deregulation of the airline industry
of the United States on--
(i) the affordability, accessibility, availability, and
quality of air transportation, particularly in small-sized
and medium-sized communities;
(ii) economic development and job creation, particularly in
areas that are underserved by air carriers;
(iii) the economic viability of small-sized airports; and
(iv) the long-term configuration of the United States
passenger air transportation system.
(C) Measurement factors.--In carrying out the study under
this subsection, the Commission shall develop measurement
factors to analyze the quality of passenger air
transportation service provided by air carriers by
identifying the factors that are generally associated with
quality passenger air transportation service.
(D) Business and leisure travel.--In conducting
measurements for an analysis of the affordability of air
travel, to the extent practicable, the Commission shall
provide for appropriate control groups and comparisons with
respect to business and leisure travel.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit an interim
report to the President and Congress, and not later than 18
months after the date of the enactment of this Act, the
Commission shall submit a report to the President and
Congress. Each such report shall contain a detailed statement
of the findings and conclusions of the Commission, together
with its recommendations for such legislation and
administrative actions as it considers appropriate.
(c) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the duties of the Commission under this section.
(2) Information from federal agencies.--The Commission
shall consult with the Comptroller General of the United
States and may secure directly from any Federal department or
agency such information as the Commission considers necessary
to carry out the duties of the Commission under this section.
Upon request of the Chairperson of the Commission, the head
of such department or agency shall furnish such information
to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(d) Commission Personnel Matters.--
(1) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(2) Staff.--
(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(B) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(4) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(e) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits its report under subsection (b).
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$950,000 for fiscal year 2000 to the Commission to carry out
this section.
(2) Availability.--Any sums appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.

SEC. 455. NONDISCRIMINATION IN THE USE OF PRIVATE AIRPORTS.

Chapter 401 of subtitle VII of title 49, United States
Code, is amended by inserting the following new section after
section 40122:

``Sec. 40123. Nondiscrimination in the use of private
airports

``(a) In General.--Notwithstanding any other provision of
law, no State, county, city or municipal government may
prohibit the use or full enjoyment of a private airport
within its jurisdiction by any person on the basis of that
person's race, creed, color, national origin, sex, or
ancestry.''.

SEC. 456. CURFEW.

Notwithstanding any other provision of law, any exemptions
granted to air carriers under this Act may not result in
additional operations at Ronald Reagan Washington National
Airport between the hours of 10:00 p.m. and 7:00 a.m.

SEC. 457. FEDERAL AVIATION ADMINISTRATION YEAR 2000
TECHNOLOGY SAFETY ENFORCEMENT ACT OF 1999.

(a) Short Title.--This section be cited as the ``Federal
Aviation Administration Year 2000 Technology Safety
Enforcement Act of 1999''.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier operating certificate.--The term ``air
carrier operating certificate'' has the same meaning as in
section 44705 of title 49, United States Code.
(3) Year 2000 technology problem.--The term ``year 2000
technology problem'' means a failure by any device or system
(including any computer system and any microchip or
integrated circuit embedded in another device or product), or
any software, firmware, or other set or collection of
processing instructions to process, to calculate, to compare,
to sequence, to display, to store, to transmit, or to receive
year-2000 date-related data failures--
(A) to deal with or account for transitions or comparisons
from, into, and between the years 1999 and 2000 accurately;
(B) to recognize or accurately process any specific date in
1999, 2000, or 2001; or
(C) to accurately account for the year 2000's status as a
leap year, including recognition and processing of the
correct date on February 29, 2000.
(c) Response To Request for Information.--Any person who
has an air carrier operating certificate shall respond on or
before November 1, 1999, to any request for information from
the Administrator regarding readiness of that person with
regard to the year 2000 technology problem as it relates to
the compliance of that person with applicable safety
regulations.
(d) Failure To Respond.--
(1) Surrender of certificate.--After November 1, 1999, the
Administrator shall make a decision on the record whether to
compel any air carrier that has not responded on or before
November 1, 1999, to a request for information regarding the
readiness of that air carrier with regard to the year 2000
technology problem as it relates to the air carrier's
compliance with applicable safety regulations to surrender
its operating certificate to the Administrator.
(2) Reinstatement of certificate.--The Administrator may
return an air carrier operating certificate that has been
surrendered under this subsection upon--
(A) a finding by the Administrator that a person whose
certificate has been surrendered has provided sufficient
information to demonstrate compliance with applicable safety
regulations as it relates to the year 2000 technology
problem; or
(B) upon receipt of a certification, signed under penalty
or perjury, by the chief operating officer of the air
carrier, that such air carrier has addressed the year 2000
technology problem so that the air carrier will be in full
compliance with applicable safety regulations on and after
January 1, 2000.

SEC. 458. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR
TRAFFIC OVER NORTHERN DELAWARE.

(a) Definition.--The term ``Brandywine Intercept'' means
the point over Brandywine Hundred in northern Delaware that
pilots use for guidance and maintenance of safe operation
from other aircraft and over which most aircraft pass on
their East Operations approach to Philadelphia International
Airport.
(b) Findings.--Congress makes the following findings:
(1) The Brandywine Hundred area of New Castle County,
Delaware serves as a major approach causeway to Philadelphia
International Airport's East Operations runways.
(2) The standard of altitude over the Brandywine Intercept
is 3,000 feet, with airport scatter charts indicating that
within a given hour of consistent weather and visibility
aircraft fly over the Brandywine Hundred at anywhere from
2,500 to 4,000 feet.
(3) Lower airplane altitudes result in increased ground
noise.
(c) Sense of the Senate.--It is the sense of the Senate
that the Secretary of Transportation should--
(1) include northern Delaware in any study of aircraft
noise conducted under part 150 of title 14 of the Code of
Federal Regulations required under the National Environmental
Policy Act of 1969 for the redesign of the airspace
surrounding Philadelphia International Airport;
(2) study the feasibility, consistent with safety, of
placing the approach causeway for Philadelphia International
Airport's East Operations over the Delaware River (instead of
Brandywine Hundred); and
(3) study the feasibility of increasing the standard
altitude over the Brandywine Intercept from 3,000 feet to
4,000 feet.

SEC. 459. STUDY OF OUTDOOR AIR, VENTILATION, AND
RECIRCULATION AIR REQUIREMENTS FOR PASSENGER
CABINS IN COMMERCIAL AIRCRAFT.

(a) Definitions.--In this section, the terms ``air
carrier'' and ``aircraft'' have the meanings given those
terms in section 40102 of title 49, United States Code.
(b) In General.--As soon as practicable after the date of
enactment of this section, the Secretary of Transportation
(referred to in this section as the ``Secretary'') shall
conduct a study

[[Page S12131]]

of sources of air supply contaminants of aircraft and air
carriers to develop alternatives to replace engine and
auxiliary power unit bleed air as a source of air supply. To
carry out this paragraph, the Secretary may enter into an
agreement with the Director of the National Academy of
Sciences for the National Research Council to conduct the
study.
(c) Availability of Information.--Upon completion of the
study under this section in one year's time, the
Administrator of the Federal Aviation Administration shall
make available the results of the study to air carriers
through the Aviation Consumer Protection Division of the
Office of the General Counsel for the Department of
Transportation.

SEC. 460. GENERAL AVIATION METROPOLITAN ACCESS AND RELIEVER
AIRPORT GRANT FUND.

(a) Definition.--Title 49, United States Code, is amended
by adding the following new subparagraph at the end of
section 47144(d)(1):
``(C) General aviation metropolitan access and reliever
airport.--`General Aviation Metropolitan Access and Reliever
Airport' means a Reliever Airport which has annual operations
in excess of 75,000 operations, a runway with a minimum
usable landing distance of 5,000 feet, a precision instrument
landing procedure, a minimum of 150 based aircraft, and where
the adjacent Air Carrier Airport exceeds 20,000 hours of
annual delays as determined by the Federal Aviation
Administration.''.
(b) Apportionment.--Title 49, United States Code, section
47114(d), is amended by adding at the end:
``(4) The Secretary shall apportion an additional 5 percent
of the amount subject to apportionment for each fiscal year
to States that include a General Aviation Metropolitan Access
and Reliever Airport equal to the percentage of the
apportionment equal to the percentage of the number of
operations of the State's eligible General Aviation
Metropolitan Access and Reliever Airports compared to the
total operations of all General Aviation Metropolitan Access
and Reliever Airports.''.

SEC. 461. STUDY ON AIRPORT NOISE.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall submit a study on airport noise to
Congress, the Secretary of Transportation, and the
Administrator of the Federal Aviation Administration.
(b) Areas of Study.--The study shall examine--
(1) the selection of noise measurement methodologies used
by the Administrator of the Federal Aviation Administration;
(2) the threshold of noise at which health impacts are
felt;
(3) the effectiveness of noise abatement programs at
airports around the United States; and
(4) the impacts of aircraft noise on students and educators
in schools.
(c) Recommendations.--The study shall include specific
recommendations to the Secretary of Transportation and the
Administrator of the Federal Aviation Administration
concerning new measures that should be implemented to
mitigate the impact of aircraft noise on communities
surrounding airports.

SEC. 462. SENSE OF THE SENATE CONCERNING EAS.

(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) essential air service (EAS) to smaller communities
remains vital, and that the difficulties encountered by many
communities in retaining EAS warrant increased Federal
attention;
(2) the FAA should give full consideration to ending the
local match required by Dickinson, North Dakota.
(b) Report.--Not later than 60 days after enactment of this
legislation, the Secretary of Transportation shall report to
the Congress with an analysis of the difficulties faced by
many smaller communities in retaining EAS and a plan to
facilitate easier EAS retention. This report shall give
particular attention to communities in North Dakota.

SEC. 463. AIRLINE QUALITY SERVICE REPORTS.

The Secretary of Transportation shall modify the Airline
Service Quality Performance reports required under part 234
of title 14, Code of Federal Regulations, to more fully
disclose to the public the nature and source of delays and
cancellations experienced by air travelers. Such
modifications shall include a requirement that air carriers
report delays and cancellations in categories which reflect
the reasons for such delays and cancellations. Such
categories and reporting shall be determined by the
Administrator in consultation with representatives of airline
passengers, air carriers, and airport operators, and shall
include delays and cancellations caused by air traffic
control.

SEC. 464. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE
VEHICLE PARTS IN INTERSTATE OR FOREIGN
COMMERCE.

(a) Short Title.--This section may be cited as the
``Aircraft Safety Act of 1999''.
(b) Definitions.--Section 31 of title 18, United States
Code, is amended by striking all after the section heading
and inserting the following:
``(a) In General.--
``(1) Aircraft.--The term `aircraft' means a civil,
military, or public contrivance invented, used, or designed
to navigate, fly, or travel in the air.
``(2) Aviation quality.--The term `aviation quality', with
respect to a part of an aircraft or space vehicle, means the
quality of having been manufactured, constructed, produced,
repaired, overhauled, rebuilt, reconditioned, or restored in
conformity with applicable standards specified by law
(including a regulation) or contract.
``(3) Destructive substance.--The term `destructive
substance' means an explosive substance, flammable material,
infernal machine, or other chemical, mechanical, or
radioactive device or matter of a combustible, contaminative,
corrosive, or explosive nature.
``(4) In flight.--The term `in flight' means--
``(A) any time from the moment at which all the external
doors of an aircraft are closed following embarkation until
the moment when any such door is opened for disembarkation;
and
``(B) in the case of a forced landing, until competent
authorities take over the responsibility for the aircraft and
the persons and property on board.
``(5) In service.--The term `in service' means--
``(A) any time from the beginning of preflight preparation
of an aircraft by ground personnel or by the crew for a
specific flight until 24 hours after any landing; and
``(B) in any event includes the entire period during which
the aircraft is in flight.
``(6) Motor vehicle.--The term `motor vehicle' means every
description of carriage or other contrivance propelled or
drawn by mechanical power and used for commercial purposes on
the highways in the transportation of passengers, passengers
and property, or property or cargo.
``(7) Part.--The term `part' means a frame, assembly,
component, appliance, engine, propeller, material, part,
spare part, piece, section, or related integral or auxiliary
equipment.
``(8) Space vehicle.--The term `space vehicle' means a man-
made device, either manned or unmanned, designed for
operation beyond the Earth's atmosphere.
``(9) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(10) Used for commercial purposes.--The term `used for
commercial purposes' means the carriage of persons or
property for any fare, fee, rate, charge or other
consideration, or directly or indirectly in connection with
any business, or other undertaking intended for profit.
``(b) Terms Defined in Other Law.--In this chapter, the
terms `aircraft engine', `air navigation facility',
`appliance', `civil aircraft', `foreign air commerce',
`interstate air commerce', `landing area', `overseas air
commerce', `propeller', `spare part', and `special aircraft
jurisdiction of the United States' have the meanings given
those terms in sections 40102(a) and 46501 of title 49.''.
(c) Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:

``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce

``(a) Offenses.--A person that, in or affecting interstate
or foreign commerce, knowingly--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or
space vehicle any aircraft or space vehicle part using or by
means of a fraudulent representation, document, record,
certification, depiction, data plate, label, or electronic
communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) Penalties.--The punishment for an offense under
subsection (a) is as follows:
``(1) Aviation quality.--If the offense relates to the
aviation quality of a part and the part is installed in an
aircraft or space vehicle, a fine of not more than $500,000,
imprisonment for not more than 25 years, or both.
``(2) Failure to operate as represented.--If, by reason of
the failure of the part to operate as represented, the part
to which the offense is related is the probable cause of a
malfunction or failure that results in serious bodily injury
(as defined in section 1365) to or the death of any person, a
fine of not more than $1,000,000, imprisonment for any term
of years or life, or both.
``(3) Organizations.--If the offense is committed by an
organization, a fine of not more than $25,000,000.
``(4) Other circumstances.--In the case of an offense not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 15 years, or both.
``(c) Civil Remedies.--
``(1) In general.--The district courts of the United States
shall have jurisdiction to prevent and restrain violations of
this section by issuing appropriate orders, including--
``(A) ordering a person convicted of an offense under this
section to divest any interest, direct or indirect, in any
enterprise, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as used
to commit the offense; and
``(C) ordering dissolution or reorganization of any
enterprise, making due provisions for the rights and
interests of innocent persons.
``(2) Restraining orders and prohibition.--Pending final
determination of a proceeding brought under this section, the
court may enter such restraining orders or prohibitions, or
take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) Estoppel.--A final judgment rendered in favor of the
United States in any criminal proceeding brought under this
section shall estop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil
proceeding brought by the United States.

[[Page S12132]]

``(d) Criminal Forfeiture.--
``(1) In general.--The court, in imposing sentence on any
person convicted of an offense under this section, shall
order, in addition to any other sentence and irrespective of
any provision of State law, that the person forfeit to the
United States--
``(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly, as
a result of the offense; and
``(B) any property used, or intended to be used in any
manner, to commit or facilitate the commission of the
offense.
``(2) Application of other law.--The forfeiture of property
under this section, including any seizure and disposition of
the property, and any proceedings relating to the property,
shall be governed by section 413 of the Comprehensive Drug
Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not
including subsection (d) of that section).
``(e) Construction With Other Law.--This section does not
preempt or displace any other remedy, civil or criminal,
provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into
commerce of an aircraft or space vehicle part.
``(f) Territorial Scope.--This section applies to conduct
occurring inside or outside the United States.
``(g) Authorized Investigative Demand Procedures.--
``(1) Authorization.--
``(A) Subpoenas.--In any investigation relating to any act
or activity involving an offense under this section, the
Attorney General may issue in writing and cause to be served
a subpoena--
``(i) requiring the production of any record (including any
book, paper, document, electronic medium, or other object or
tangible thing) that may be relevant to an authorized law
enforcement inquiry, that a person or legal entity may
possess or have care or custody of or control over; and
``(ii) requiring a custodian of a record to give testimony
concerning the production and authentication of the record.
``(B) Contents.--A subpoena under subparagraph (A) shall--
``(i) describe the object required to be produced; and
``(ii) prescribe a return date within a reasonable period
of time within which the object can be assembled and
produced.
``(C) Limitation.--The production of a record shall not be
required under this section at any place more than 500 miles
from the place at which the subpoena for the production of
the record is served.
``(D) Witness fees.--A witness summoned under this section
shall be paid the same fees and mileage as are paid witnesses
in courts of the United States.
``(b) Service.--
``(1) In general.--A subpoena issued under subsection (a)
may be served by any person who is at least 18 years of age
and is designated in the subpoena to serve the subpoena.
``(2) Natural persons.--Service of a subpoena issued under
subsection (a) on a natural person may be made by personal
delivery of the subpoena to the person.
``(3) Corporations and other organizations.--Service of a
subpoena issued under subsection (a) on a domestic or foreign
corporation or on a partnership or other unincorporated
association that is subject to suit under a common name may
be made by delivering the subpoena to an officer, to a
managing or general agent, or to any other agent authorized
by appointment or by law to receive service of process for
the corporation, partnership, or association.
``(4) Proof of service.--The affidavit of the person
serving the subpoena entered or a true copy of such an
affidavit shall be proof of service.
``(c) Enforcement.--
``(1) In general.--In the case of a failure to comply with
a subpoena issued under subsection (a), the Attorney General
may invoke the aid of any court of the United States within
the jurisdiction of which the investigation is carried on or
of which the subpoenaed person is an inhabitant, or in which
the subpoenaed person carries on business or may be found, to
compel compliance with the subpoena.
``(2) Orders.--The court may issue an order requiring the
subpoenaed person to appear before the Attorney General to
produce a record or to give testimony concerning the
production and authentication of a record.
``(3) Contempt.--Any failure to obey the order of the court
may be punished by the court as a contempt of court.
``(4) Process.--All process in a case under this subsection
may be served in any judicial district in which the
subpoenaed person may be found.
``(d) Immunity From Civil Liability.--Notwithstanding any
Federal, State, or local law, any person (including any
officer, agent, or employee of a person) that receives a
subpoena under this section, who complies in good faith with
the subpoena and produces a record or material sought by a
subpoena under this section, shall not be liable in any court
of any State or the United States to any customer or other
person for the production or for nondisclosure of the
production to the customer.''.
(2) Conforming amendments.--
(A) Chapter analysis.--The analysis for chapter 2 of title
18, United States Code, is amended by adding at the end the
following:

``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.

(B) Wire and electronic communications.--Section 2516(1)(c)
of title 18, United States Code, is amended by inserting
``section 38 (relating to aircraft parts fraud),'' after
``section 32 (relating to destruction of aircraft or aircraft
facilities),''.

SEC. 465. PRESERVATION OF ESSENTIAL AIR SERVICE AT DOMINATED
HUB AIRPORTS.

(a) In General.--Subchapter II of chapter 417 is amended by
adding at the end thereof the following:

``Sec. 41743. Preservation of basic essential air service at
dominated hub airports

``(a) In General.--If the Secretary of Transportation
determines that extraordinary circumstances jeopardize the
reliable and competitive performance of essential air service
under this subchapter from a subsidized essential air service
community to and from an essential airport facility, then the
Secretary may require the air carrier that has more than 50
percent of the total annual enplanements at the essential
airport facility to take action to enable an air carrier to
provide reliable and competitive essential air service to
that community. Action required by the Secretary under this
subsection may include interline agreements, ground services,
subleasing of gates, and the provision of any other service
or facility necessary for the performance of satisfactory
essential air service to that community.
``(b) Essential Airport Facility Defined.--In this section,
the term `essential airport facility' means a large hub
airport (as defined in section 41731) in the contiguous 48
States at which 1 air carrier has more than 50 percent of the
total annual enplanements at that airport.''.

SEC. 466. AVAILABILITY OF FUNDS FOR GEORGIA'S REGIONAL
AIRPORT ENHANCEMENT PROGRAM.

Of the amounts made available to the Secretary of
Transportation for the fiscal year 2000 under section 48103
of title 49, United States Code, funds may be available for
Georgia's regional airport enhancement program for the
acquisition of land.
TITLE V--AVIATION COMPETITION PROMOTION

SEC. 501. PURPOSE.

The purpose of this title is to facilitate, through a 4-
year pilot program, incentives and projects that will help up
to 40 communities or consortia of communities to improve
their access to the essential airport facilities of the
national air transportation system through public-private
partnerships and to identify and establish ways to overcome
the unique policy, economic, geographic, and marketplace
factors that may inhibit the availability of quality,
affordable air service to small communities.

SEC. 502. ESTABLISHMENT OF SMALL COMMUNITY AVIATION
DEVELOPMENT PROGRAM.

Section 102 is amended by adding at the end thereof the
following:
``(g) Small Community Air Service Development Program.--
``(1) Establishment.--The Secretary shall establish a 4-
year pilot aviation development program to be administered by
a program director designated by the Secretary.
``(2) Functions.--The program director shall--
``(A) function as a facilitator between small communities
and air carriers;
``(B) carry out section 41743 of this title;
``(C) carry out the airline service restoration program
under sections 41744, 41745, and 41746 of this title;
``(D) ensure that the Bureau of Transportation Statistics
collects data on passenger information to assess the service
needs of small communities;
``(E) work with and coordinate efforts with other Federal,
State, and local agencies to increase the viability of
service to small communities and the creation of aviation
development zones; and
``(F) provide policy recommendations to the Secretary and
the Congress that will ensure that small communities have
access to quality, affordable air transportation services.
``(3) Reports.--The program director shall provide an
annual report to the Secretary and the Congress beginning in
2000 that--
``(A) analyzes the availability of air transportation
services in small communities, including, but not limited to,
an assessment of the air fares charged for air transportation
services in small communities compared to air fares charged
for air transportation services in larger metropolitan areas
and an assessment of the levels of service, measured by types
of aircraft used, the availability of seats, and scheduling
of flights, provided to small communities;
``(B) identifies the policy, economic, geographic and
marketplace factors that inhibit the availability of quality,
affordable air transportation services to small communities;
and
``(C) provides policy recommendations to address the
policy, economic, geographic, and marketplace factors
inhibiting the availability of quality, affordable air
transportation services to small communities.''.

SEC. 503. COMMUNITY-CARRIER AIR SERVICE PROGRAM.

(a) In General.--Subchapter II of chapter 417 is amended by
adding at the end thereof the following:

``Sec. 41743. Air service program for small communities

``(a) Communities Program.--Under advisory guidelines
prescribed by the Secretary of Transportation, a small
community or a consortia of small communities or a State may
develop an assessment of its air service requirements, in
such form as the program director designated by the Secretary
under section 102(g) may require, and submit the assessment
and service proposal to the program director.
``(b) Selection of Participants.--In selecting community
programs for participation in the communities program under
subsection (a), the

[[Page S12133]]

program director shall apply criteria, including geographical
diversity and the presentation of unique circumstances, that
will demonstrate the feasibility of the program. For purposes
of this subsection, the application of geographical diversity
criteria means criteria that--
``(1) will promote the development of a national air
transportation system; and
``(2) will involve the participation of communities in all
regions of the country.
``(c) Carriers Program.--The program director shall invite
part 121 air carriers and regional/commuter carriers (as such
terms are defined in section 41715(d) of this title) to offer
service proposals in response to, or in conjunction with,
community aircraft service assessments submitted to the
office under subsection (a). A service proposal under this
paragraph shall include--
``(1) an assessment of potential daily passenger traffic,
revenues, and costs necessary for the carrier to offer the
service;
``(2) a forecast of the minimum percentage of that traffic
the carrier would require the community to garner in order
for the carrier to start up and maintain the service; and
``(3) the costs and benefits of providing jet service by
regional or other jet aircraft.
``(d) Program Support Function.--The program director shall
work with small communities and air carriers, taking into
account their proposals and needs, to facilitate the
initiation of service. The program director--
``(1) may work with communities to develop innovative means
and incentives for the initiation of service;
``(2) may obligate funds authorized under section 504 of
the Air Transportation Improvement Act to carry out this
section;
``(3) shall continue to work with both the carriers and the
communities to develop a combination of community incentives
and carrier service levels that--
``(A) are acceptable to communities and carriers; and
``(B) do not conflict with other Federal or State programs
to facilitate air transportation to the communities;
``(4) designate an airport in the program as an Air Service
Development Zone and work with the community on means to
attract business to the area surrounding the airport, to
develop land use options for the area, and provide data,
working with the Department of Commerce and other agencies;
``(5) take such other action under this chapter as may be
appropriate.
``(e) Limitations.--
``(1) Community support.--The program director may not
provide financial assistance under subsection (c)(2) to any
community unless the program director determines that--
``(A) a public-private partnership exists at the community
level to carry out the community's proposal;
``(B) the community will make a substantial financial
contribution that is appropriate for that community's
resources, but of not less than 25 percent of the cost of the
project in any event;
``(C) the community has established an open process for
soliciting air service proposals; and
``(D) the community will accord similar benefits to air
carriers that are similarly situated.
``(2) Amount.--The program director may not obligate more
than $80,000,000 of the amounts authorized under 504 of the
Air Transportation Improvement Act over the 4 years of the
program.
``(3) Number of participants.--The program established
under subsection (a) shall not involve more than 40
communities or consortia of communities.
``(f) Report.--The program director shall report through
the Secretary to the Congress annually on the progress made
under this section during the preceding year in expanding
commercial aviation service to smaller communities.

``Sec. 41744. Pilot program project authority

``(a) In General.--The program director designated by the
Secretary of Transportation under section 102(g)(1) shall
establish a 4-year pilot program--
``(1) to assist communities and States with inadequate
access to the national transportation system to improve their
access to that system; and
``(2) to facilitate better air service link-ups to support
the improved access.
``(b) Project Authority.--Under the pilot program
established pursuant to subsection (a), the program director
may--
``(1) out of amounts authorized under section 504 of the
Air Transportation Improvement Act, provide financial
assistance by way of grants to small communities or consortia
of small communities under section 41743 of up to $500,000
per year; and
``(2) take such other action as may be appropriate.
``(c) Other Action.--Under the pilot program established
pursuant to subsection (a), the program director may
facilitate service by--
``(1) working with airports and air carriers to ensure that
appropriate facilities are made available at essential
airports;
``(2) collecting data on air carrier service to small
communities; and
``(3) providing policy recommendations to the Secretary to
stimulate air service and competition to small communities.
``(d) Additional Action.--Under the pilot program
established pursuant to subsection (a), the Secretary shall
work with air carriers providing service to participating
communities and major air carriers serving large hub airports
(as defined in section 41731(a)(3)) to facilitate joint fare
arrangements consistent with normal industry practice.

``Sec. 41745. Assistance to communities for service

``(a) In General.--Financial assistance provided under
section 41743 during any fiscal year as part of the pilot
program established under section 41744(a) shall be
implemented for not more than--
``(1) 4 communities within any State at any given time; and
``(2) 40 communities in the entire program at any time.

For purposes of this subsection, a consortium of communities
shall be treated as a single community.
``(b) Eligibility.--In order to participate in a pilot
project under this subchapter, a State, community, or group
of communities shall apply to the Secretary in such form and
at such time, and shall supply such information, as the
Secretary may require, and shall demonstrate to the
satisfaction of the Secretary that--
``(1) the applicant has an identifiable need for access, or
improved access, to the national air transportation system
that would benefit the public;
``(2) the pilot project will provide material benefits to a
broad section of the travelling public, businesses,
educational institutions, and other enterprises whose access
to the national air transportation system is limited;
``(3) the pilot project will not impede competition; and
``(4) the applicant has established, or will establish,
public-private partnerships in connection with the pilot
project to facilitate service to the public.
``(c) Coordination with Other Provisions of Subchapter.--
The Secretary shall carry out the 4-year pilot program
authorized by this subchapter in such a manner as to
complement action taken under the other provisions of this
subchapter. To the extent the Secretary determines to be
appropriate, the Secretary may adopt criteria for
implementation of the 4-year pilot program that are the same
as, or similar to, the criteria developed under the preceding
sections of this subchapter for determining which airports
are eligible under those sections. The Secretary shall also,
to the extent possible, provide incentives where no direct,
viable, and feasible alternative service exists, taking into
account geographical diversity and appropriate market
definitions.
``(d) Maximization of Participation.--The Secretary shall
structure the program established pursuant to section
41744(a) in a way designed to--
``(1) permit the participation of the maximum feasible
number of communities and States over a 4-year period by
limiting the number of years of participation or otherwise;
and
``(2) obtain the greatest possible leverage from the
financial resources available to the Secretary and the
applicant by--
``(A) progressively decreasing, on a project-by-project
basis, any Federal financial incentives provided under this
chapter over the 4-year period; and
``(B) terminating as early as feasible Federal financial
incentives for any project determined by the Secretary after
its implementation to be--
``(i) viable without further support under this subchapter;
or
``(ii) failing to meet the purposes of this chapter or
criteria established by the Secretary under the pilot
program.
``(e) Success Bonus.--If Federal financial incentives to a
community are terminated under subsection (d)(2)(B) because
of the success of the program in that community, then that
community may receive a one-time incentive grant to ensure
the continued success of that program.
``(f) Program to Terminate in 4 Years.--No new financial
assistance may be provided under this subchapter for any
fiscal year beginning more than 4 years after the date of
enactment of the Air Transportation Improvement Act.

``Sec. 41746. Additional authority

``In carrying out this chapter, the Secretary--
``(1) may provide assistance to States and communities in
the design and application phase of any project under this
chapter, and oversee the implementation of any such project;
``(2) may assist States and communities in putting together
projects under this chapter to utilize private sector
resources, other Federal resources, or a combination of
public and private resources;
``(3) may accord priority to service by jet aircraft;
``(4) take such action as may be necessary to ensure that
financial resources, facilities, and administrative
arrangements made under this chapter are used to carry out
the purposes of title V of the Air Transportation Improvement
Act; and
``(5) shall work with the Federal Aviation Administration
on airport and air traffic control needs of communities in
the program.''.
(b) Conforming Amendment.--The chapter analysis for
subchapter II of chapter 417 is amended by inserting after
the item relating to section 41742 the following:

``41743. Air service program for small communities.
``41744. Pilot program project authority.
``41745. Assistance to communities for service.
``41746. Additional authority.''.

(c) Waiver of Local Contribution.--Section 41736(b) is
amended by inserting after paragraph (4) the following:
``Paragraph (4) does not apply to any community approved for
service under this section during the period beginning
October 1, 1991, and ending December 31, 1997.''.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of
Transportation $80,000,000 to carry out sections 41743
through 41746 of title 49, United States Code, for the 4
fiscal-year period beginning with fiscal year 2000.

SEC. 505. MARKETING PRACTICES.

Section 41712 is amended--

[[Page S12134]]

(1) by inserting ``(a) In General.--'' before ``On''; and
(2) by adding at the end thereof the following:
``(b) Marketing Practices That Adversely Affect Service to
Small or Medium Communities.--Within 180 days after the date
of enactment of the Air Transportation Improvement Act, the
Secretary shall review the marketing practices of air
carriers that may inhibit the availability of quality,
affordable air transportation services to small- and medium-
sized communities, including--
``(1) marketing arrangements between airlines and travel
agents;
``(2) code-sharing partnerships;
``(3) computer reservation system displays;
``(4) gate arrangements at airports;
``(5) exclusive dealing arrangements; and
``(6) any other marketing practice that may have the same
effect.
``(c) Regulations.--If the Secretary finds, after
conducting the review required by subsection (b), that
marketing practices inhibit the availability of such service
to such communities, then, after public notice and an
opportunity for comment, the Secretary may promulgate
regulations that address the problem, or take other
appropriate action. Nothing in this section expands the
authority or jurisdiction of the Secretary to promulgate
regulations under the Federal Aviation Act or under any other
Act.''.

SEC. 506. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.

(a) Rules That Apply to All Slot Exemption Requests.--
(1) Prompt consideration of requests.--Section 41714(i) is
amended to read as follows:
``(i) 45-Day Application Process.--
``(1) Request for slot exemptions.--Any slot exemption
request filed with the Secretary under this section, section
41717, or 41719 shall include--
``(A) the names of the airports to be served;
``(B) the times requested; and
``(C) such additional information as the Secretary may
require.
``(2) Action on request; failure to act.--Within 45 days
after a slot exemption request under this section, section
41717, or section 41719 is received by the Secretary, the
Secretary shall--
``(A) approve the request if the Secretary determines that
the requirements of the section under which the request is
made are met;
``(B) return the request to the applicant for additional
information; or
``(C) deny the request and state the reasons for its
denial.
``(3) 45-day period tolled for timely request for more
information.--If the Secretary returns the request for
additional information during the first 10 days after the
request is filed, then the 45-day period shall be tolled
until the date on which the additional information is filed
with the Secretary.
``(4) Failure to determine deemed approval.--If the
Secretary neither approves the request under paragraph (2)(A)
nor denies the request under subparagraph (2)(C) within the
45-day period beginning on the date it is received, excepting
any days during which the 45-day period is tolled under
paragraph (3), then the request is deemed to have been
approved on the 46th day after it was filed with the
Secretary.''.
(2) Exemptions may not be bought or sold.--Section 41714 is
further amended by adding at the end the following:
``(j) Exemptions May Not Be Bought or Sold.--No exemption
from the requirements of subparts K and S of part 93 of title
14, Code of Federal Regulations, granted under this section,
section 41717, or section 41719 may be bought or sold by the
carrier to which it is granted.''.
(3) Equal treatment of affiliated carriers.--Section 41714,
as amended by paragraph (2), is further amended by adding at
the end thereof the following:
``(k) Affiliated Carriers.--For purposes of this section,
section 41717, 41718, and 41719, the Secretary shall treat
all commuter air carriers that have cooperative agreements,
including code-share agreements, with other air carriers
equally for determining eligibility for the application of
any provision of those sections regardless of the form of the
corporate relationship between the commuter air carrier and
the other air carrier.''.
(4) New entrant slots.--Section 41714(c) is amended--
(A) by striking ``(1) In general.--'';
(B) by striking ``and the circumstances to be
exceptional,''; and
(C) by striking paragraph (2).
(5) Limited incumbent; regional jet.--Section 40102 is
amended by--
(A) inserting after paragraph (28) the following:
``(28A) The term `limited incumbent air carrier' has the
meaning given that term in subpart S of part 93 of title 14,
Code of Federal Regulations, except that `20' shall be
substituted for `12' in sections 93.213(a)(5), 93.223(c)(3),
and 93.225(h) as such sections were in effect on August 1,
1998.''; and
(B) inserting after paragraph (37) the following:
``(37A) The term `regional jet' means a passenger,
turbofan-powered aircraft carrying not fewer than 30 and not
more than 50 passengers.''.
(b) Phase-out of Slot Rules.--Chapter 417 is amended--
(1) by redesignating sections 41715 and 41716 as sections
41720 and 41721; and
(2) by inserting after section 41714 the following:

``Sec. 41715. Phase-out of slot rules at certain airports

``(a) Termination.--The rules contained in subparts S and K
of part 93, title 14, Code of Federal Regulations, shall not
apply after December 31, 2006, at LaGuardia Airport or John
F. Kennedy International Airport.
``(b) FAA Safety Authority Not Compromised.--Nothing in
subsection (a) affects the Federal Aviation Administration's
authority for safety and the movement of air traffic.
(c) Preservation of Existing Service.--Chapter 417, as
amended by subsection (b), is amended by inserting after
section 41715 the following:

``Sec. 41716. Preservation of certain existing slot-related
air service

``An air carrier that provides air transportation of
passengers from a high density airport (other than Ronald
Reagan Washington National Airport) to a small hub airport or
nonhub airport, or to an airport that is smaller than a small
hub or nonhub airport, on or before the date of enactment of
the Air Transportation Improvement Act pursuant to an
exemption from the requirements under subparts K and S of
part 93 of title 14, Code of Federal Regulations (pertaining
to slots at high density airports), or where slots were
issued to an airline conditioned on a specific airport being
served, may not terminate air transportation service for that
route for a period of 2 years (with respect to service from
LaGuardia Airport or John F. Kennedy International Airport),
or 4 years (with respect to service from Chicago O'Hare
International Airport), after the date on which those
requirements cease to apply to that high density airport
unless--
``(1) before October 1, 1999, the Secretary received a
written air service termination notice for that route; or
``(2) after September 30, 1999, the air carrier submits an
air service termination notice under section 41720 for that
route and the Secretary determines that the carrier suffered
excessive losses, including substantial losses on operations
on that route during the calendar quarters immediately
preceding submission of the notice.''.
(d) Special Rules Affecting LaGuardia Airport and John F.
Kennedy International Airport.--Chapter 417, as amended by
subsection (c), is amended by inserting after section 41716
the following:

``Sec. 41717. Interim slot rules at New York airports

``(a) In General.--The Secretary of Transportation may, by
order, grant exemptions from the requirements under subparts
K and S of part 93 of title 14, Code of Federal Regulations
(pertaining to slots at high density airports) with respect
to a regional jet aircraft providing air transportation
between LaGuardia Airport or John F. Kennedy International
Airport and a small hub or nonhub airport--
``(1) if the operator of the regional jet aircraft was not
providing such air transportation during the week of June 15,
1999; or
``(2) if the level of air transportation to be provided
between such airports by the operator of the regional jet
aircraft during any week will exceed the level of air
transportation provided by such operator between such
airports during the week of June 15, 1999.''.
(e) Special Rules Affecting Chicago O'Hare International
Airport.--
(1) In general.--Subchapter I of chapter 417, as amended by
subsection (d), is amended by inserting after section 41717
the following:

``Sec. 41718. Special Rules for Chicago O'Hare International
Airport

``(a) In General.--The Secretary of Transportation shall
grant 30 slot exemptions over a 3-year period beginning on
the date of enactment of the Air Transportation Improvement
Act at Chicago O'Hare International Airport.
``(b) Equipment and Service Requirements.--
``(1) Stage 3 aircraft required.--An exemption may not be
granted under this section with respect to any aircraft that
is not a Stage 3 aircraft (as defined by the Secretary).
``(2) Service provided.--Of the exemptions granted under
subsection (a)--
``(A) 18 shall be used only for service to underserved
markets, of which no fewer than 6 shall be designated as
commuter slot exemptions; and
``(B) 12 shall be air carrier slot exemptions.
``(c) Procedural Requirements.--Before granting exemptions
under subsection (a), the Secretary shall--
``(1) conduct an environmental review, taking noise into
account, and determine that the granting of the exemptions
will not cause a significant increase in noise;
``(2) determine whether capacity is available and can be
used safely and, if the Secretary so determines then so
certify;
``(3) give 30 days notice to the public through publication
in the Federal Register of the Secretary's intent to grant
the exemptions; and
``(4) consult with appropriate officers of the State and
local government on any related noise and environmental
issues.
``(d) Underserved Market Defined.--In this section, the
term `service to underserved markets' means passenger air
transportation service to an airport that is a nonhub airport
or a small hub airport (as defined in paragraphs (4) and (5),
respectively, of section 41731(a)).''.
(2) 3-year report.--The Secretary shall study and submit a
report 3 years after the first exemption granted under
section 41718(a) of title 49, United States Code, is first
used on the impact of the additional slots on the safety,
environment, noise, access to underserved markets, and
competition at Chicago O'Hare International Airport.
(f) Special Rules Affecting Reagan Washington National
Airport.--
(1) In general.--Chapter 417, as amended by subsection (e),
is amended by inserting after section 41718 the following:

[[Page S12135]]

``Sec. 41719. Special Rules for Ronald Reagan Washington
National Airport

``(a) Beyond-Perimeter Exemptions.--The Secretary shall by
order grant exemptions from the application of sections
49104(a)(5), 49109, 49111(e), and 41714 of this title to air
carriers to operate limited frequencies and aircraft on
select routes between Ronald Reagan Washington National
Airport and domestic hub airports and exemptions from the
requirements of subparts K and S of part 93, Code of Federal
Regulations, if the Secretary finds that the exemptions
will--
``(1) provide air transportation service with domestic
network benefits in areas beyond the perimeter described in
that section;
``(2) increase competition by new entrant air carriers or
in multiple markets;
``(3) not reduce travel options for communities served by
small hub airports and medium hub airports within the
perimeter described in section 49109 of this title; and
``(4) not result in meaningfully increased travel delays.
``(b) Within-Perimeter Exemptions.--The Secretary shall by
order grant exemptions from the requirements of sections
49104(a)(5), 49111(e), and 41714 of this title and subparts K
and S of part 93 of title 14, Code of Federal Regulations, to
air carriers for service to airports that were designated as
medium-hub or smaller airports in the Federal Aviation
Administration's Primary Airport Enplanement Activity Summary
for Calendar Year 1997 within the perimeter established for
civil aircraft operations at Ronald Reagan Washington
National Airport under section 49109. The Secretary shall
develop criteria for distributing slot exemptions for flights
within the perimeter to such airports under this paragraph in
a manner that promotes air transportation--
``(1) by new entrant and limited incumbent air carriers;
``(2) to communities without existing service to Ronald
Reagan Washington National Airport;
``(3) to small communities; or
``(4) that will provide competitive service on a monopoly
nonstop route to Ronald Reagan Washington National Airport.
``(c) Limitations.--
``(1) Stage 3 aircraft required.--An exemption may not be
granted under this section with respect to any aircraft that
is not a Stage 3 aircraft (as defined by the Secretary).
``(2) General exemptions.--The exemptions granted under
subsections (a) and (b) may not increase the number of
operations at Ronald Reagan Washington National Airport in
any 1-hour period during the hours between 7:00 a.m. and 9:59
p.m. by more than 2 operations.
``(3) Additional exemptions.--The Secretary shall grant
exemptions under subsections (a) and (b) that--
``(A) will result in 12 additional daily air carrier slot
exemptions at such airport for long-haul service beyond the
perimeter;
``(B) will result in 12 additional daily air carrier slot
exemptions at such airport for service within the perimeter;
and
``(C) will not result in additional daily slot exemptions
for service to any within-the-perimeter airport that was
designated as a large-hub airport in the Federal Aviation
Administration's Primary Airport Enplanement Activity Summary
for Calendar Year 1997.
``(4) Assessment of safety, noise and environmental
impacts.--The Secretary shall assess the impact of granting
exemptions, including the impacts of the additional slots and
flights at Ronald Reagan Washington National Airport provided
under subsections (a) and (b) on safety, noise levels and the
environment within 90 days of the date of the enactment of
the Air Transportation Improvement Act. The environmental
assessment shall be carried out in accordance with parts
1500-1508 of title 40, Code of Federal Regulations. Such
environmental assessment shall include a public meeting.
``(5) Applicability with exemption 5133.--Nothing in this
section affects Exemption No. 5133, as from time-to-time
amended and extended.''.
(2) Override of mwaa restriction.--Section 49104(a)(5) is
amended by adding at the end thereof the following:
``(D) Subparagraph (C) does not apply to any increase in
the number of instrument flight rule takeoffs and landings
necessary to implement exemptions granted by the Secretary
under section 41719.''.
(3) MWAA noise-related grant assurances.--
(A) In general.--In addition to any condition for approval
of an airport development project that is the subject of a
grant application submitted to the Secretary of
Transportation under chapter 471 of title 49, United States
Code, by the Metropolitan Washington Airports Authority, the
Authority shall be required to submit a written assurance
that, for each such grant made to the Authority for fiscal
year 2000 or any subsequent fiscal year--
(i) the Authority will make available for that fiscal year
funds for noise compatibility planning and programs that are
eligible to receive funding under chapter 471 of title 49,
United States Code, in an amount not less than 10 percent of
the aggregate annual amount of financial assistance provided
to the Authority by the Secretary as grants under chapter 471
of title 49, United States Code; and
(ii) the Authority will not divert funds from a high
priority safety project in order to make funds available for
noise compatibility planning and programs.
(B) Waiver.--The Secretary of Transportation may waive the
requirements of subparagraph (A) for any fiscal year for
which the Secretary determines that the Metropolitan
Washington Airports Authority is in full compliance with
applicable airport noise compatibility planning and program
requirements under part 150 of title 14, Code of Federal
Regulations.
(C) Sunset.--This paragraph shall cease to be in effect 5
years after the date of enactment of this Act if on that date
the Secretary of Transportation certifies that the
Metropolitan Washington Airports Authority has achieved full
compliance with applicable noise compatibility planning and
program requirements under part 150 of title 14, Code of
Federal Regulations.
(4) Report.--Within 1 year after the date of enactment of
this Act, and biannually thereafter, the Secretary shall
certify to the United States Senate Committee on Commerce,
Science, and Transportation, the United States House of
Representatives Committee on Transportation and
Infrastructure, the Governments of Maryland, Virginia, and
West Virginia and the metropolitan planning organization for
Washington, D.C., that noise standards, air traffic
congestion, airport-related vehicular congestion, safety
standards, and adequate air service to communities served by
small hub airports and medium hub airports within the
perimeter described in section 49109 of title 49, United
States Code, have been maintained at appropriate levels.
(g) Noise Compatibility Planning and Programs.--Section
47117(e) is amended by adding at the end the following:
``(3) The Secretary shall give priority in making grants
under paragraph (1)(A) to applications for airport noise
compatibility planning and programs at and around--
``(A) LaGuardia Airport;
``(B) John F. Kennedy International Airport; and
``(C) Ronald Reagan Washington National Airport.''.
(h) Study of Community Noise Levels Around High Density
Airports.--The Secretary of Transportation shall study
community noise levels in the areas surrounding the 4 high-
density airports after the 100 percent Stage 3 fleet
requirements are in place, and compare those levels with the
levels in such areas before 1991.
(i) Conforming Amendments.--
(1) Section 49111 is amended by striking subsection (e).
(2) The chapter analysis for subchapter I of chapter 417 is
amended--
(A) by redesignating the items relating to sections 41715
and 41716 as relating to sections 41720 and 41721,
respectively; and
(B) by inserting after the item relating to section 41714
the following:

``41715. Phase-out of slot rules at certain airports.
``41716. Preservation of certain existing slot-related air service.
``41717. Interim slot rules at New York airports.
``41718. Interim application of slot rules at Chicago O'Hare.
International Airport.
``41719. Special Rules for Ronald Reagan Washington National
Airport.''.
(3) Conforming amendment.--Section 41714(a)(3) is amended
by adding at the end thereof the following: ``The 132 slot
cap under this paragraph does not apply to exemptions or
slots made available under section 41718.''.

SEC. 507. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.

Section 41712, as amended by section 505 of this Act, is
amended by adding at the end thereof the following:
``(d) E-Ticket Expiration Notice.--It shall be an unfair or
deceptive practice under subsection (a) for any air carrier
utilizing electronically transmitted tickets to fail to
notify the purchaser of such a ticket of its expiration date,
if any.''.

SEC. 508. REGIONAL AIR SERVICE INCENTIVE OPTIONS.

(a) Purpose.--The purpose of this section is to provide the
Congress with an analysis of means to improve service by jet
aircraft to underserved markets by authorizing a review of
different programs of Federal financial assistance, including
loan guarantees like those that would have been provided for
by section 2 of S. 1353, 105th Congress, as introduced, to
commuter air carriers that would purchase regional jet
aircraft for use in serving those markets.
(b) Study.--The Secretary of Transportation shall study the
efficacy of a program of Federal loan guarantees for the
purchase of regional jets by commuter air carriers. The
Secretary shall include in the study a review of options for
funding, including alternatives to Federal funding. In the
study, the Secretary shall analyze--
(1) the need for such a program;
(2) its potential benefit to small communities;
(3) the trade implications of such a program;
(4) market implications of such a program for the sale of
regional jets;
(5) the types of markets that would benefit the most from
such a program;
(6) the competitive implications of such a program; and
(7) the cost of such a program.
(c) Report.--The Secretary shall submit a report of the
results of the study to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure not later than
24 months after the date of enactment of this Act.

SEC. 509. REQUIREMENT TO ENHANCE COMPETITIVENESS OF SLOT
EXEMPTIONS FOR REGIONAL JET AIR SERVICE AND NEW
ENTRANT AIR CARRIERS AT CERTAIN HIGH DENSITY
TRAFFIC AIRPORTS.

(a) In General.--Subchapter I of chapter 417, as amended by
sections 507 and 508, is amended by adding at the end thereof
the following:

``Sec. 41721. Requirement to enhance competitiveness of slot
exemptions for nonstop regional jet air service and new
entrant air carriers at certain airports

``In granting slot exemptions for nonstop regional jet air
service and new entrant air carriers under this subchapter to
John F. Kennedy

[[Page S12136]]

International Airport, and La Guardia Airport, the Secretary
of Transportation shall require the Federal Aviation
Administration to provide commercially reasonable times to
takeoffs and landings of air flights conducted under those
exemptions.''.
(b) Conforming Amendment.--The chapter analysis for
subchapter I of chapter 417, as amended by this title, is
amended by adding at the end thereof the following:

``41721. Requirement to enhance competitiveness of slot exemptions for
nonstop regional jet air service and new entrant air
carriers at certain airports.''.
TITLE VI--NATIONAL PARKS OVERFLIGHTS

SEC. 601. FINDINGS.

The Congress finds that--
(1) the Federal Aviation Administration has sole authority
to control airspace over the United States;
(2) the Federal Aviation Administration has the authority
to preserve, protect, and enhance the environment by
minimizing, mitigating, or preventing the adverse effects of
aircraft overflights on the public and tribal lands;
(3) the National Park Service has the responsibility of
conserving the scenery and natural and historic objects and
wildlife in national parks and of providing for the enjoyment
of the national parks in ways that leave the national parks
unimpaired for future generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public health
and welfare and is essential to the maintenance of the
natural and cultural resources of Indian tribes;
(5) the National Parks Overflights Working Group, composed
of general aviation, air tour, environmental, and Native
American representatives, recommended that the Congress enact
legislation based on its consensus work product; and
(6) this title reflects the recommendations made by that
Group.

SEC. 602. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

(a) In General.--Chapter 401, as amended by section 301 of
this Act, is amended by adding at the end the following:

``Sec. 40126. Overflights of national parks

``(a) In General.--
``(1) General requirements.--A commercial air tour operator
may not conduct commercial air tour operations over a
national park or tribal lands except--
``(A) in accordance with this section;
``(B) in accordance with conditions and limitations
prescribed for that operator by the Administrator; and
``(C) in accordance with any effective air tour management
plan for that park or those tribal lands.
``(2) Application for operating authority.--
``(A) Application required.--Before commencing commercial
air tour operations over a national park or tribal lands, a
commercial air tour operator shall apply to the Administrator
for authority to conduct the operations over that park or
those tribal lands.
``(B) Competitive bidding for limited capacity parks.--
Whenever a commercial air tour management plan limits the
number of commercial air tour flights over a national park
area during a specified time frame, the Administrator, in
cooperation with the Director, shall authorize commercial air
tour operators to provide such service. The authorization
shall specify such terms and conditions as the Administrator
and the Director find necessary for management of commercial
air tour operations over the national park. The
Administrator, in cooperation with the Director, shall
develop an open competitive process for evaluating proposals
from persons interested in providing commercial air tour
services over the national park. In making a selection from
among various proposals submitted, the Administrator, in
cooperation with the Director, shall consider relevant
factors, including--
``(i) the safety record of the company or pilots;
``(ii) any quiet aircraft technology proposed for use;
``(iii) the experience in commercial air tour operations
over other national parks or scenic areas;
``(iv) the financial capability of the company;
``(v) any training programs for pilots; and
``(vi) responsiveness to any criteria developed by the
National Park Service or the affected national park.
``(C) Number of operations authorized.--In determining the
number of authorizations to issue to provide commercial air
tour service over a national park, the Administrator, in
cooperation with the Director, shall take into consideration
the provisions of the air tour management plan, the number of
existing commercial air tour operators and current level of
service and equipment provided by any such companies, and the
financial viability of each commercial air tour operation.
``(D) Cooperation with nps.--Before granting an application
under this paragraph, the Administrator shall, in cooperation
with the Director, develop an air tour management plan in
accordance with subsection (b) and implement such plan.
``(E) Time limit on response to atmp applications.--The
Administrator shall act on any such application and issue a
decision on the application not later than 24 months after it
is received or amended.
``(3) Exception.--Notwithstanding paragraph (1), commercial
air tour operators may conduct commercial air tour operations
over a national park under part 91 of the Federal Aviation
Regulations (14 CFR 91.1 et seq.) if--
``(A) such activity is permitted under part 119 (14 CFR
119.1(e)(2));
``(B) the operator secures a letter of agreement from the
Administrator and the national park superintendent for that
national park describing the conditions under which the
flight operations will be conducted; and
``(C) the total number of operations under this exception
is limited to not more than 5 flights in any 30-day period
over a particular park.
``(4) Special rule for safety requirements.--
Notwithstanding subsection (c), an existing commercial air
tour operator shall, not later than 90 days after the date of
enactment of the Air Transportation Improvement Act, apply
for operating authority under part 119, 121, or 135 of the
Federal Aviation Regulations (14 CFR Pt. 119, 121, or 135). A
new entrant commercial air tour operator shall apply for such
authority before conducting commercial air tour operations
over a national park or tribal lands.
``(b) Air Tour Management Plans.--
``(1) Establishment of atmps.--
``(A) In general.--The Administrator shall, in cooperation
with the Director, establish an air tour management plan for
any national park or tribal land for which such a plan is not
already in effect whenever a person applies for authority to
operate a commercial air tour over the park. The development
of the air tour management plan is to be a cooperative
undertaking between the Federal Aviation Administration and
the National Park Service. The air tour management plan shall
be developed by means of a public process, and the agencies
shall develop information and analysis that explains the
conclusions that the agencies make in the application of the
respective criteria. Such explanations shall be included in
the Record of Decision and may be subject to judicial review.
``(B) Objective.--The objective of any air tour management
plan shall be to develop acceptable and effective measures to
mitigate or prevent the significant adverse impacts, if any,
of commercial air tours upon the natural and cultural
resources and visitor experiences and tribal lands.
``(2) Environmental determination.--In establishing an air
tour management plan under this subsection, the Administrator
and the Director shall each sign the environmental decision
document required by section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) which may
include a finding of no significant impact, an environmental
assessment, or an environmental impact statement, and the
Record of Decision for the air tour management plan.
``(3) Contents.--An air tour management plan for a national
park--
``(A) may prohibit commercial air tour operations in whole
or in part;
``(B) may establish conditions for the conduct of
commercial air tour operations, including commercial air tour
routes, maximum or minimum altitudes, time-of-day
restrictions, restrictions for particular events, maximum
number of flights per unit of time, intrusions on privacy on
tribal lands, and mitigation of noise, visual, or other
impacts;
``(C) shall apply to all commercial air tours within \1/2\
mile outside the boundary of a national park;
``(D) shall include incentives (such as preferred
commercial air tour routes and altitudes, relief from caps
and curfews) for the adoption of quiet aircraft technology by
commercial air tour operators conducting commercial air tour
operations at the park;
``(E) shall provide for the initial allocation of
opportunities to conduct commercial air tours if the plan
includes a limitation on the number of commercial air tour
flights for any time period; and
``(F) shall justify and document the need for measures
taken pursuant to subparagraphs (A) through (E).
``(4) Procedure.--In establishing a commercial air tour
management plan for a national park, the Administrator and
the Director shall--
``(A) initiate at least one public meeting with interested
parties to develop a commercial air tour management plan for
the park;
``(B) publish the proposed plan in the Federal Register for
notice and comment and make copies of the proposed plan
available to the public;
``(C) comply with the regulations set forth in sections
1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal
Regulations (for purposes of complying with those
regulations, the Federal Aviation Administration is the lead
agency and the National Park Service is a cooperating
agency); and
``(D) solicit the participation of any Indian tribe whose
tribal lands are, or may be, overflown by aircraft involved
in commercial air tour operations over a national park or
tribal lands, as a cooperating agency under the regulations
referred to in paragraph (4)(C).
``(5) Amendments.--Any amendment of an air tour management
plan shall be published in the Federal Register for notice
and comment. A request for amendment of an air tour
management plan shall be made in such form and manner as the
Administrator may prescribe.
``(c) Interim Operating Authority.--
``(1) In general.--Upon application for operating
authority, the Administrator shall grant interim operating
authority under this paragraph to a commercial air tour
operator for a national park or tribal lands for which the
operator is an existing commercial air tour operator.
``(2) Requirements and limitations.--Interim operating
authority granted under this subsection--
``(A) shall provide annual authorization only for the
greater of--
``(i) the number of flights used by the operator to provide
such tours within the 12-month period prior to the date of
enactment of the Air Transportation Improvement Act; or
``(ii) the average number of flights per 12-month period
used by the operator to provide

[[Page S12137]]

such tours within the 36-month period prior to such date of
enactment, and, for seasonal operations, the number of
flights so used during the season or seasons covered by that
12-month period;
``(B) may not provide for an increase in the number of
operations conducted during any time period by the commercial
air tour operator to which it is granted unless the increase
is agreed to by the Administrator and the Director;
``(C) shall be published in the Federal Register to provide
notice and opportunity for comment;
``(D) may be revoked by the Administrator for cause;
``(E) shall terminate 180 days after the date on which an
air tour management plan is established for that park or
those tribal lands; and
``(F) shall--
``(i) promote protection of national park resources,
visitor experiences, and tribal lands;
``(ii) promote safe operations of the commercial air tour;
``(iii) promote the adoption of quiet technology, as
appropriate; and
``(iv) allow for modifications of the operation based on
experience if the modification improves protection of
national park resources and values and of tribal lands.
``(3) New entrant air tour operators.--
``(A) In general.--The Administrator, in cooperation with
the Director, may grant interim operating authority under
this paragraph to an air tour operator for a national park
for which that operator is a new entrant air tour operator if
the Administrator determines the authority is necessary to
ensure competition in the provision of commercial air tours
over that national park or those tribal lands.
``(B) Safety limitation.--The Administrator may not grant
interim operating authority under subparagraph (A) if the
Administrator determines that it would create a safety
problem at that park or on tribal lands, or the Director
determines that it would create a noise problem at that park
or on tribal lands.
``(C) ATMP limitation.--The Administrator may grant interim
operating authority under subparagraph (A) of this paragraph
only if the air tour management plan for the park or tribal
lands to which the application relates has not been developed
within 24 months after the date of enactment of the Air
Transportation Improvement Act.
``(d) Definitions.--In this section, the following
definitions apply:
``(1) Commercial air tour.--The term `commercial air tour'
means any flight conducted for compensation or hire in a
powered aircraft where a purpose of the flight is
sightseeing. If the operator of a flight asserts that the
flight is not a commercial air tour, factors that can be
considered by the Administrator in making a determination of
whether the flight is a commercial air tour, include, but are
not limited to--
``(A) whether there was a holding out to the public of
willingness to conduct a sightseeing flight for compensation
or hire;
``(B) whether a narrative was provided that referred to
areas or points of interest on the surface;
``(C) the area of operation;
``(D) the frequency of flights;
``(E) the route of flight;
``(F) the inclusion of sightseeing flights as part of any
travel arrangement package; or
``(G) whether the flight or flights in question would or
would not have been canceled based on poor visibility of the
surface.
``(2) Commercial air tour operator.--The term `commercial
air tour operator' means any person who conducts a commercial
air tour.
``(3) Existing commercial air tour operator.--The term
`existing commercial air tour operator' means a commercial
air tour operator that was actively engaged in the business
of providing commercial air tours over a national park at any
time during the 12-month period ending on the date of
enactment of the Air Transportation Improvement Act.
``(4) New entrant commercial air tour operator.--The term
`new entrant commercial air tour operator' means a commercial
air tour operator that--
``(A) applies for operating authority as a commercial air
tour operator for a national park; and
``(B) has not engaged in the business of providing
commercial air tours over that national park or those tribal
lands in the 12-month period preceding the application.
``(5) Commercial air tour operations.--The term `commercial
air tour operations' means commercial air tour flight
operations conducted--
``(A) over a national park or within \1/2\ mile outside the
boundary of any national park;
``(B) below a minimum altitude, determined by the
Administrator in cooperation with the Director, above ground
level (except solely for purposes of takeoff or landing, or
necessary for safe operation of an aircraft as determined
under the rules and regulations of the Federal Aviation
Administration requiring the pilot-in-command to take action
to ensure the safe operation of the aircraft); and
``(C) less than 1 mile laterally from any geographic
feature within the park (unless more than \1/2\ mile outside
the boundary).
``(6) National park.--The term `national park' means any
unit of the National Park System.
``(7) Tribal lands.--The term `tribal lands' means `Indian
country', as defined by section 1151 of title 18, United
States Code, that is within or abutting a national park.
``(8) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(9) Director.--The term `Director' means the Director of
the National Park Service.''.
(b) Exemptions and Special Rules.--
(1) Grand canyon.--Section 40126 of title 49, United States
Code, as added by subsection (a), does not apply to--
(A) the Grand Canyon National Park; or
(B) Indian country within or abutting the Grand Canyon
National Park.
(2) Lake mead.--A commercial air tour of the Grand Canyon
that transits over or near the Lake Mead National Recreation
Area en route to, or returning from, the Grand Canyon,
without offering a deviation in flight path between its point
of origin and the Grand Canyon, shall be considered, for
purposes of paragraph (1), to be exclusively a commercial air
tour of the Grand Canyon.
(3) Quiet aircraft technology for grand canyon.--
(A) Quiet technology requirements.--Within 9 months after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall designate reasonably
achievable requirements for fixed-wing and helicopter
aircraft necessary for such aircraft to be considered as
employing quiet aircraft technology for purposes of this
section. If no requirements are promulgated as mandated by
this paragraph, then beginning 9 months after enactment of
this Act and until the provisions of this paragraph are met,
any aircraft shall be considered to be in compliance with
this paragraph.
(B) Routes or corridors.--The Administrator shall by rule
establish routes or corridors for commercial air tours (as
defined in section 40126(d)(1) of title 49, United States
Code) by fixed-wing and helicopter aircraft that employ quiet
aircraft technology for--
(i) tours of the Grand Canyon originating in Clark County,
Nevada; and
(ii) ``local loop'' tours originating at the Grand Canyon
National Park Airport, in Tusayan, Arizona.
(C) Operational caps and expanded hours.--Commercial air
tours (as so defined) by any fixed-wing or helicopter
aircraft that employs quiet aircraft technology and that
replaces an existing aircraft--
(i) shall not be subject to operational flight allocations
applicable to other commercial air tours of the Grand Canyon;
and
(ii) may be conducted during the hours from 7:00 a.m. to
7:00 p.m.
(D) Modification of existing aircraft to meet standards.--A
commercial air tour (as so defined) by a fixed-wing or
helicopter aircraft in a commercial air tour operator's fleet
on the date of enactment of this Act that meets the
requirements designated under subparagraph (A), or is
subsequently modified to meet the requirements designated
under subparagraph (A) may be used for commercial air tours
under the same terms and conditions as a replacement aircraft
under subparagraph (C) without regard to whether it replaces
an existing aircraft.
(E) Goal of restoring natural quiet.--Nothing in this
paragraph reduces the goal, established for the Federal
Aviation Administration and the National Park Service under
Public Law 100-91 (16 U.S.C. 1a-1 note), of achieving
substantial restoration of the natural quiet at the Grand
Canyon National Park.
(4) Alaska.--The provisions of this title and section 40126
of title 49, United States Code, as added by subsection (a),
do not apply to any land or waters located in Alaska.
(5) Compliance with other regulations.--For purposes of
section 40126 of title 49, United States Code--
(A) regulations issued by the Secretary of Transportation
and the Administrator of the Federal Aviation Administration
under section 3 of Public Law 100-91 (16 U.S.C. 1a-1, note);
and
(B) commercial air tour operations carried out in
compliance with the requirements of those regulations,

shall be deemed to meet the requirements of such section
40126.
(c) Clerical Amendment.--The table of sections for chapter
401 is amended by adding at the end thereof the following:

``40126. Overflights of national parks.''.

SEC. 603. ADVISORY GROUP.

(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration and the Director of the National Park
Service shall jointly establish an advisory group to provide
continuing advice and counsel with respect to the operation
of commercial air tours over and near national parks.
(b) Membership.--
(1) In general.--The advisory group shall be composed of--
(A) a balanced group of --
(i) representatives of general aviation;
(ii) representatives of commercial air tour operators;
(iii) representatives of environmental concerns; and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Aviation
Administration; and
(C) a representative of the National Park Service.
(2) Ex-officio members.--The Administrator and the Director
shall serve as ex-officio members.
(3) Chairperson.--The representative of the Federal
Aviation Administration and the representative of the
National Park Service shall serve alternating 1-year terms as
chairman of the advisory group, with the representative of
the Federal Aviation Administration serving initially until
the end of the calendar year following the year in which the
advisory group is first appointed.
(c) Duties.--The advisory group shall provide advice,
information, and recommendations to the Administrator and the
Director--
(1) on the implementation of this title;
(2) on the designation of appropriate and feasible quiet
aircraft technology standards for quiet aircraft technologies
under development for commercial purposes, which will receive
preferential treatment in a given air tour management plan;

[[Page S12138]]

(3) on other measures that might be taken to accommodate
the interests of visitors to national parks; and
(4) on such other national park or tribal lands-related
safety, environmental, and air touring issues as the
Administrator and the Director may request.
(d) Compensation; Support; FACA.--
(1) Compensation and travel.--Members of the advisory group
who are not officers or employees of the United States, while
attending conferences or meetings of the group or otherwise
engaged in its business, or while serving away from their
homes or regular places of business, each member may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently.
(2) Administrative support.--The Federal Aviation
Administration and the National Park Service shall jointly
furnish to the advisory group clerical and other assistance.
(3) Nonapplication of faca.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the
advisory group.
(e) Report.--The Administrator and the Director shall
jointly report to the Congress within 24 months after the
date of enactment of this Act on the success of this title in
providing incentives for quiet aircraft technology.

SEC. 604. OVERFLIGHT FEE REPORT.

Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall transmit to Congress a report on the effects proposed
overflight fees are likely to have on the commercial air tour
industry. The report shall include, but shall not be limited
to--
(1) the viability of a tax credit for the commercial air
tour operators equal to the amount of the proposed fee
charged by the National Park Service; and
(2) the financial effects proposed offsets are likely to
have on Federal Aviation Administration budgets and
appropriations.

SEC. 605. PROHIBITION OF COMMERCIAL AIR TOURS OVER THE ROCKY
MOUNTAIN NATIONAL PARK.

Effective beginning on the date of enactment of this Act,
no commercial air tour may be operated in the airspace over
the Rocky Mountain National Park notwithstanding any other
provision of this Act or section 40126 of title 49, United
States Code, as added by this Act.
TITLE VII--TITLE 49 TECHNICAL CORRECTIONS

SEC. 701. RESTATEMENT OF 49 U.S.C. 106(G).

(a) In General.--Section 106(g) is amended by striking
``40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c),
44502(a)(1), (b) and (c), 44504, 44505, 44507, 44508, 44511-
44513, 44701-44716, 44718(c), 44721(a), 44901, 44902,
44903(a)-(c) and (e), 44906, 44912, 44935-44937, and 44938(a)
and (b), chapter 451, sections 45302-45304,'' and inserting
``40113(a), (c)-(e), 40114(a), and 40119, and chapter 445
(except sections 44501(b), 44502(a)(2)-(4), 44503, 44506,
44509, 44510, 44514, and 44515), chapter 447 (except sections
44717, 44718(a) and (b), 44719, 44720, 44721(b), 44722, and
44723), chapter 449 (except sections 44903(d), 44904, 44905,
44907-44911, 44913, 44915, and 44931-44934), chapter 451,
chapter 453, sections''.
(b) Technical Correction.--The amendment made by this
section may not be construed as making a substantive change
in the language replaced.

SEC. 702. RESTATEMENT OF 49 U.S.C. 44909.

Section 44909(a)(2) is amended by striking ``shall'' and
inserting ``should''.
TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

SEC. 801. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

Effective October 1, 2000, there are transferred to the
Federal Aviation Administration and vested in the
Administrator of the Federal Aviation Administration the
functions, powers, and duties of the Secretary of Commerce
and other officers of the Department of Commerce that relate
to the Office of Aeronautical Charting and Cartography and
are set forth in section 44721 of title 49, United States
Code.

SEC. 802. TRANSFER OF OFFICE, PERSONNEL AND FUNDS.

(a) Effective October 1, 2000 the Office of Aeronautical
Charting and Cartography of the National Oceanic and
Atmospheric Administration, Department of Commerce, is
transferred to the Federal Aviation Administration.
(b) Effective October 1, 2000 the personnel employed in
connection with, and the assets, liabilities, contracts,
property, equipment, facilities, records, and unexpended
balance of appropriations, and other funds employed, held,
used, arising from, available to, or to be made available in
connection with the function and offices, or portions of
offices, transferred by this Act, including all Senior
Executive Service positions, subject to section 1531 of title
31, United States Code, are transferred to the Administrator
of the Federal Aviation Administration for appropriate
allocation. Personnel employed in connection with functions
transferred by this Act transfer under any applicable law and
regulation relating to transfer of functions. Unexpended
funds transferred under this section shall be used only for
the purposes for which the funds were originally authorized
and appropriated, except that funds may be used for expenses
associated with the transfer authorized by this Act.

SEC. 803. AMENDMENT OF TITLE 49, UNITED STATES CODE.

(a) In General.--Section 44721 is amended to read as
follows:

``Sec. 44721. Aeronautical charts and related products and
services

``(a) In General.--The Administrator of the Federal
Aviation Administration is invested with and shall exercise,
effective October 1, 2000 the functions, powers, and duties
of the Secretary of Commerce and other officers of the
Department of Commerce that relate to the Office of
Aeronautical Charting and Cartography to provide aeronautical
charts and related products and services for the safe and
efficient navigation of air commerce, under the following
authorities:
``(1) Sections 1 through 9 of the Act entitled ``An Act to
define the functions and duties of the Coast and Geodetic
Survey, and for other purposes'', approved August 6, 1947,
(33 U.S.C. 883a-883h).
``(2) Section 6082 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (33 U.S.C. 883j).
``(3) Section 1307 of title 44, United States Code.
``(4) The provision of title II of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1995 under the heading `National
Oceanic and Atmospheric Administration' relating to
aeronautical charts (44 U.S.C. 1307 nt).
``(b) Authority to Conduct Surveys.--To provide
aeronautical charts and related products and services for the
safe and efficient navigation of air commerce, and to provide
basic data for engineering and scientific purposes and for
other commercial and industrial needs, the Administrator is
authorized to conduct the following activities:
``(1) Aerial and field surveys for aeronautical charts.
``(2) Other airborne and field surveys when in the best
interest of the United States Government.
``(3) Acquiring, owning, operating, maintaining and
staffing aircraft in support of surveys.
``(c) Additional Authority.--In order that full public
benefit may be derived from the dissemination of data
resulting from activities under this section and of related
data from other sources, the Administrator is authorized to
conduct the following activities:
``(1) Developing, processing, disseminating and publishing
of digital and analog data, information, compilations, and
reports.
``(2) Compiling, printing, and disseminating aeronautical
charts and related products and services of the United
States, its Territories, and possessions.
``(3) Compiling, printing and disseminating aeronautical
charts and related products and services covering
international airspace as are required primarily by United
States civil aviation.
``(4) Compiling, printing and disseminating non-
aeronautical navigational, transportation or public-safety-
related products and services when in the best interests of
the United States Government.
``(d) Contract, Cooperative Agreements, Grants, and Other
Agreements.--
``(1) The Administrator is authorized to contract with
qualified organizations for the performance of any part of
the authorized functions of the Office of Aeronautical
Charting and Cartography when the Administrator deems such
procedure to be in the public interest and will not
compromise public safety.
``(2) The Administrator is authorized to enter into
cooperative agreements, grants, reimbursable agreements,
memoranda of understanding and other agreements, with a
State, subdivision of a State, Federal agency, public or
private organization, or individual, to carry out the
purposes of this section.
``(e) Special Services and Products.--
``(1) The Administrator is authorized, at the request of a
State, subdivision of a State, Federal agency, public or
private organization, or individual, to conduct special
services, including making special studies, or developing
special publications or products on matters relating to
navigation, transportation, or public safety.
``(2) The Administrator shall assess a fee for any special
service provided under paragraph (1). A fee shall be not more
than the actual or estimated full cost of the service. A fee
may be reduced or waived for research organizations,
educational organizations, or non-profit organizations, when
the Administrator determines that reduction or waiver of the
fee is in the best interest of the United States Government
by furthering public safety.
``(f) Sale and Dissemination of Aeronautical Products.--
``(1) Aeronautical products created or maintained under the
authority of this section shall be sold at prices established
annually by the Administrator consistent with the following:
``(A) Subject to subparagraph (B), the price of an
aeronautical product sold to the public shall be not more
than necessary to recover all costs attributable to (i) data
base management and processing; (ii) compilation; (iii)
printing or other types of reproduction; and (iv)
dissemination of the product.
``(B) The Administrator shall adjust the price of an
aeronautical product and service sold to the public as
necessary to avoid any adverse impact on aviation safety
attributable to the price specified under this paragraph.
``(C) A price established under this paragraph may not
include costs attributable to the acquisition of aeronautical
data.
``(2) The Administrator shall publish annually the prices
at which aeronautical products are sold to the public.
``(3) The Administrator may distribute aeronautical
products and provide aeronautical services--
``(A) without charge to each foreign government or
international organization with which the Administrator or a
Federal agency has an agreement for exchange of these
products or services without cost;
``(B) at prices the Administrator establishes, to the
departments and officers of the United States requiring them
for official use; and

[[Page S12139]]

``(C) at reduced or no charge where, in the judgment of
the Administrator, furnishing the aeronautical product or
service to a recipient is a reasonable exchange for voluntary
contribution of information by the recipient to the
activities under this section.
``(4) The fees provided for in this subsection are for the
purpose of reimbursing the United States Government for the
costs of creating, printing and disseminating aeronautical
products and services under this section. The collection of
fees authorized by this section does not alter or expand any
duty or liability of the Government under existing law for
the performance of functions for which fees are collected,
nor does the collection of fees constitute an express or
implied undertaking by the Government to perform any activity
in a certain manner.''.
(b) Conforming Amendment.--The chapter analysis of chapter
447 is amended by adding at the end thereof the following:

``44721. Aeronautical charts and related products and services.''.

SEC. 804. SAVINGS PROVISION.

(a) Continued Effectiveness of Directives.--All orders,
determinations, rules, regulations, permits, contracts,
certificates, licenses, privileges, and financial assistance
that--
(1) have been issued, made, granted, or allowed to become
effective by the President of the United States, the
Secretary of Commerce, the National Oceanic and Atmospheric
Administration (NOAA) Administrator, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred by this
Act; and
(2) are in effect on the date of transfer, shall continue
in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance
with law by the President of the United States, the
Administrator, a court of competent jurisdiction, or by
operation of law.
(b) Continued Effectiveness of Pending Actions.--
(1) The provisions of this Act shall not affect any
proceedings, including notices of proposed rulemaking, or any
application for any license, permit, certificate, or
financial assistance pending on the date of transfer before
the Department of Commerce or the NOAA Administrator, or any
officer thereof with respect to functions transferred by this
Act; but such proceedings or applications, to the extent that
they relate to functions transferred, shall be continued in
accord with transition guidelines promulgated by the
Administrator under the authority of this section. Orders
issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by the
Administrator, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection prohibits the
discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this Act had not been enacted.
(2) The Secretary of Commerce, the NOAA Administrator, and
the Administrator of the Federal Aviation Administration are
authorized to issue transition guidelines providing for the
orderly transfer of proceedings and otherwise to accomplish
the orderly transfer of functions, personnel and property
under this Act.
(c) Continued Effectiveness of Judicial Actions.--No cause
of action by or against the Department of Commerce or the
National Oceanic and Atmospheric Administration with respect
to functions transferred by this Act, or by or against any
officer thereof in the official's capacity, shall abate by
reason of the enactment of this Act. Causes of action and
actions with respect to a function or office transferred by
this Act, or other proceedings may be asserted by or against
the United States or an official of the Federal Aviation
Administration, as may be appropriate, and, in an action
pending when this Act takes effect, the court may at any
time, on its own motion or that of any party, enter an order
that will give effect to the provisions of this subsection.
(d) Substitution or Addition of Parties to Judicial
Actions.--If, on the date of transfer, the Department of
Commerce or the National Oceanic and Atmospheric
Administration, or any officer thereof in the official's
capacity, is a party to an action, and under this Act any
function relating to the action of such Department,
Administration, or officer is transferred to the Federal
Aviation Administration, then such action shall be continued
with the Administrator of the Federal Aviation Administration
substituted or added as a party.
(e) Continued Jurisdiction Over Actions Transferred.--
Orders and actions of the Administrator of the Federal
Aviation Administration in the exercise of functions
transferred by this Act shall be subject to judicial review
to the same extent and in the same manner as if such orders
and actions had been by the Department of Commerce or the
National Oceanic and Atmospheric Administration, or any
office or officer thereof, in the exercise of such functions
immediately preceding their transfer.
(f) Liabilities and Obligations.--The Administrator shall
assume all liabilities and obligations (tangible and
incorporeal, present and executory) associated with the
functions transferred under this Act on the date of transfer,
including leases, permits, licenses, contracts, agreements,
claims, tariffs, accounts receivable, accounts payable,
financial assistance, and litigation relating to such
obligations, regardless whether judgment has been entered,
damages awarded, or appeal taken.

SEC. 805. NATIONAL OCEAN SURVEY.

(a) Section 1 of the Act entitled ``An Act to define the
functions and duties of the Coast and Geodetic Survey, and
for other purposes'', approved August 6, 1947, (33 U.S.C.
883a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Hydrographic, topographic and other types of field
surveys;''; and
(2) by striking paragraph (4) and redesignating paragraph
(5) as paragraph (4).
(b) Section 2 of that Act (33 U.S.C. 883b) is amended--
(1) by striking paragraphs (3) and (5), and redesignating
paragraph (4) and (6) as paragraphs (3) and (4),
respectively;
(2) by striking ``charts of the United States, its
Territories, and possessions;'' in paragraph (3), as
redesignated, and inserting ``charts;''; and
(3) by striking ``publications for the United States, its
Territories, and possessions'' in paragraph (4), as
redesignated, and inserting ``publications.''.
(c) Section 5(1) of that Act (33 U.S.C. 883e(1)) is amended
by striking ``cooperative agreements'' and inserting
``cooperative agreements, or any other agreements,''.

SEC. 806. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL
PRODUCTS BY NOAA.

(a) Section 1307 of title 44, United States Code, is
amended by striking ``and aeronautical'' and ``or
aeronautical'' each place they appear.
(b) Section 1307(a)(2)(B) of title 44, United States Code,
is amended by striking ``aviation and''.
(c) Section 1307(d) of title 44, United States Code, is
amended by striking ``aeronautical and''.
TITLE IX--MANAGEMENT REFORMS OF THE FEDERAL AVIATION ADMINISTRATION

SEC. 901. SHORT TITLE.

This title may be cited as the ``Air Traffic Management
Improvement Act of 1999''.

SEC. 902. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision of
law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.

SEC. 903. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Transportation.

SEC. 904. FINDINGS.

The Congress makes the following findings:
(1) The Nation's air transportation system is projected to
grow by 3.4 percent per year over the next 12 years.
(2) Passenger enplanements are expected to rise to more
than 1 billion by 2009, from the current level of 660
million.
(3) The aviation industry is one of our Nation's critical
industries, providing a means of travel to people throughout
the world, and a means of moving cargo around the globe.
(4) The ability of all sectors of American society, urban
and rural, to access and to compete effectively in the new
and dynamic global economy requires the ability of the
aviation industry to serve all the Nation's communities
effectively and efficiently.
(5) The Federal Government's role is to promote a safe and
efficient national air transportation system through the
management of the air traffic control system and through
effective and sufficient investment in aviation
infrastructure, including the Nation's airports.
(6) Numerous studies and reports, including the National
Civil Aviation Review Commission, have concluded that the
projected expansion of air service may be constrained by
gridlock in our Nation's airways, unless substantial
management reforms are initiated for the Federal Aviation
Administration.
(7) The Federal Aviation Administration is responsible for
safely and efficiently managing the National Airspace System
365 days a year, 24 hours a day.
(8) The Federal Aviation Administration's ability to
efficiently manage the air traffic system in the United
States is restricted by antiquated air traffic control
equipment.
(9) The Congress has previously recognized that the
Administrator needs relief from the Federal Government's
cumbersome personnel and procurement laws and regulations to
take advantage of emerging technologies and to hire and
retain effective managers.
(10) The ability of the Administrator to achieve greater
efficiencies in the management of the air traffic control
system requires additional management reforms, such as the
ability to offer incentive pay for excellence in the employee
workforce.
(11) The ability of the Administrator to effectively manage
finances is dependent in part on the Federal Aviation
Administration's ability to enter into long-term debt and
lease financing of facilities and equipment, which in turn is
dependent on sustained sound audits and implementation of a
cost management program.
(12) The Administrator should use the full authority of the
Federal Aviation Administration to make organizational
changes to improve the efficiency of the air traffic control
system, without compromising the Federal Aviation
Administration's primary mission of protecting the safety of
the travelling public.

SEC. 905. AIR TRAFFIC CONTROL SYSTEM DEFINED.

Section 40102(a) is amended--
(1) by redesignating paragraphs (5) through (41) as
paragraphs (6) through (42), respectively; and
(2) by inserting after paragraph (4) the following:

[[Page S12140]]

``(5) `air traffic control system' means the combination of
elements used to safely and efficiently monitor, direct,
control, and guide aircraft in the United States and United
States-assigned airspace, including--
``(A) allocated electromagnetic spectrum and physical,
real, personal, and intellectual property assets making up
facilities, equipment, and systems employed to detect, track,
and guide aircraft movement;
``(B) laws, regulations, orders, directives, agreements,
and licenses;
``(C) published procedures that explain required actions,
activities, and techniques used to ensure adequate aircraft
separation; and
``(D) trained personnel with specific technical
capabilities to satisfy the operational, engineering,
management, and planning requirements for air traffic
control.''.

SEC. 906. CHIEF OPERATING OFFICER FOR AIR TRAFFIC SERVICES.

(a) Section 106 is amended by adding at the end the
following:
``(r) Chief Operating Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief Operating
Officer for the air traffic control system to be appointed by
the Administrator, after consultation with the Management
Advisory Council. The Chief Operating Officer shall report
directly to the Administrator and shall be subject to the
authority of the Administrator.
``(B) Qualifications.--The Chief Operating Officer shall
have a demonstrated ability in management and knowledge of or
experience in aviation.
``(C) Term.--The Chief Operating Officer shall be appointed
for a term of 5 years.
``(D) Removal.--The Chief Operating Officer shall serve at
the pleasure of the Administrator, except that the
Administrator shall make every effort to ensure stability and
continuity in the leadership of the air traffic control
system.
``(E) Compensation.--
``(i) The Chief Operating Officer shall be paid at an
annual rate of basic pay not to exceed that of the
Administrator, including any applicable locality-based
payment. This basic rate of pay shall subject the chief
operating officer to the post-employment provisions of
section 207 of title 18 as if this position were described in
section 207(c)(2)(A)(i) of that title.
``(ii) In addition to the annual rate of basic pay
authorized by paragraph (1) of this subsection, the Chief
Operating Officer may receive a bonus not to exceed 50
percent of the annual rate of basic pay, based upon the
Administrator's evaluation of the Chief Operating Officer's
performance in relation to the performance goals set forth in
the performance agreement described in subsection (b) of this
section. A bonus may not cause the Chief Operating Officer's
total aggregate compensation in a calendar year to equal or
exceed the amount of the President's salary under section 102
of title 3, United States Code.
``(2) Annual performance agreement.--The Administrator and
the Chief Operating Officer shall enter into an annual
performance agreement that sets forth measurable organization
and individual goals for the Chief Operating Officer in key
operational areas. The agreement shall be subject to review
and renegotiation on an annual basis.
``(3) Annual performance report.--The Chief Operating
Officer shall prepare and submit to the Secretary of
Transportation and Congress an annual management report
containing such information as may be prescribed by the
Secretary.
``(4) Responsibilities.--The Administrator may delegate to
the Chief Operating Officer, or any other authority within
the Federal Aviation Administration responsibilities,
including, but not limited to the following:
``(A) Strategic plans.--To develop a strategic plan of the
Federal Aviation Administration for the air traffic control
system, including the establishment of--
``(i) a mission and objectives;
``(ii) standards of performance relative to such mission
and objectives, including safety, efficiency, and
productivity; and
``(iii) annual and long-range strategic plans.
``(iv) methods of the Federal Aviation Administration to
accelerate air traffic control modernization and improvements
in aviation safety related to air traffic control.
``(B) Operations.--To review the operational functions of
the Federal Aviation Administration, including--
``(i) modernization of the air traffic control system;
``(ii) increasing productivity or implementing cost-saving
measures; and
``(iii) training and education.
``(C) Budget.--To--
``(i) develop a budget request of the Federal Aviation
Administration related to the air traffic control system
prepared by the Administrator;
``(ii) submit such budget request to the Administrator and
the Secretary of Transportation; and
``(iii) ensure that the budget request supports the annual
and long-range strategic plans developed under paragraph
(4)(A) of this subsection.
``(5) Budget submission.--The Secretary shall submit the
budget request prepared under paragraph (4)(D) of this
subsection for any fiscal year to the President who shall
submit such request, without revision, to the Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives and the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate,
together with the President's annual budget request for the
Federal Aviation Administration for such fiscal year.''.

SEC. 907. FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL.

(a) Membership.--Section 106(p)(2)(C) is amended to read as
follows:
``(C) 13 members representing aviation interests, appointed
by--
``(i) in the case of initial appointments to the Council,
the President by and with the advice and consent of the
Senate; and
``(ii) in the case of subsequent appointments to the
Council, the Secretary of Transportation.''.
(b) Terms of Members.--Section 106(p)(6)(A)(i) is amended
by striking ``by the President''.
(c) Air Traffic Services Subcommittee.--Section 106(p)(6)
is amended by adding at the end thereof the following:
``(E) Air traffic services subcommittee.--The Chairman of
the Management Advisory Council shall constitute an Air
Traffic Services Subcommittee to provide comments, recommend
modifications, and provide dissenting views to the
Administrator on the performance of air traffic services,
including--
``(i) the performance of the Chief Operating Officer and
other senior managers within the air traffic organization of
the Federal Aviation Administration;
``(ii) long-range and strategic plans for air traffic
services;
``(iii) review the Administrator's selection, evaluation,
and compensation of senior executives of the Federal Aviation
Administration who have program management responsibility
over significant functions of the air traffic control system;
``(iv) review and make recommendations to the
Administrator's plans for any major reorganization of the
Federal Aviation Administration that would effect the
management of the air traffic control system;
``(v) review, and make recommendations to the
Administrator's cost allocation system and financial
management structure and technologies to help ensure
efficient and cost-effective air traffic control operation;
``(vi) review the performance and cooperation of managers
responsible for major acquisition projects, including the
ability of the managers to meet schedule and budget targets;
and
``(vii) other significant actions that the Subcommittee
considers appropriate and that are consistent with the
implementation of this Act.''.

SEC. 908. COMPENSATION OF THE ADMINISTRATOR.

Section 106(b) is amended--
(1) by inserting ``(1)'' before ``The''; and
(2) by adding at the end the following:
``(2) In addition to the annual rate of pay authorized for
the Administrator, the Administrator may receive a bonus not
to exceed 50 percent of the annual rate of basic pay, based
upon the Secretary's evaluation of the Administrator's
performance in relation to the performance goals set forth in
a performance agreement. A bonus may not cause the
Administrator's total aggregate compensation in a calendar
year to equal or exceed the amount of the President's salary
under section 102 of title 3, United States Code.''.

SEC. 909. NATIONAL AIRSPACE REDESIGN.

(a) Findings Relating to the National Airspace.--The
Congress makes the following additional findings:
(1) The national airspace, comprising more than 29 million
square miles, handles more than 55,000 flights per day.
(2) Almost 2,000,000 passengers per day traverse the United
States through 20 major en route centers including more than
700 different sectors.
(3) Redesign and review of the national airspace may
produce benefits for the travelling public by increasing the
efficiency and capacity of the air traffic control system and
reducing delays.
(4) Redesign of the national airspace should be a high
priority for the Federal Aviation Administration and the air
transportation industry.
(b) Redesign Report.--The Administrator, with advice from
the aviation industry and other interested parties, shall
conduct a comprehensive redesign of the national airspace
system and shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and to
the Committee on Transportation and Infrastructure of the
House on the Administrator's comprehensive national airspace
redesign. The report shall include projected milestones for
completion of the redesign and shall also include a date for
completion. The report must be submitted to the Congress no
later than December 31, 2000. There are authorized to be
appropriated to the Administrator to carry out this section
$12,000,000 for fiscal years 2000, 2001, and 2002.

SEC. 910. FAA COSTS AND ALLOCATIONS SYSTEM MANAGEMENT.

(a) Report on the Cost Allocation System.--No later than
July 9, 2000, the Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House on the cost allocation system currently under
development by the Federal Aviation Administration. The
report shall include a specific date for completion and
implementation of the cost allocation system throughout the
agency and shall also include the timetable and plan for the
implementation of a cost management system.
(b) Independent Assessment.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct the assessments described in
this subsection. To conduct the assessments, the Inspector
General may use the staff and resources of the Inspector
General or contract with one or more independent entities.
(2) Assessment of adequacy and accuracy of federal aviation
administration cost data and attributions.--

[[Page S12141]]

(A) In general.--The Inspector General shall conduct an
assessment to ensure that the method for calculating the
overall costs of the Federal Aviation Administration and
attributing such costs to specific users is appropriate,
reasonable, and understandable to the users.
(B) Components.--In conducting the assessment under this
paragraph, the Inspector General shall assess the Federal
Aviation Administration's definition of the services to which
the Federal Aviation Administration ultimately attributes its
costs.
(3) Cost effectiveness.--
(A) In general.--The Inspector General shall assess the
progress of the Federal Aviation Administration in cost and
performance management, including use of internal and
external benchmarking in improving the performance and
productivity of the Federal Aviation Administration.
(B) Annual reports.--Not later than December 31, 2000, the
Inspector General shall transmit to Congress an updated
report containing the results of the assessment conducted
under this paragraph.
(C) Information to be included in federal aviation
administration financial report.--The Administrator shall
include in the annual financial report of the Federal
Aviation Administration information on the performance of the
Administration sufficient to permit users and others to make
an informed evaluation of the progress of the Administration
in increasing productivity.

SEC. 911. AIR TRAFFIC MODERNIZATION PILOT PROGRAM.

(a) In General.--Chapter 445 is amended by adding at the
end thereof the following:

``Sec. 44516. Air traffic modernization joint venture pilot
program

``(a) Purpose.--It is the purpose of this section to
improve aviation safety and enhance mobility of the Nation's
air transportation system by facilitating the use of joint
ventures and innovative financing, on a pilot program basis,
between the Federal Aviation Administration and industry, to
accelerate investment in critical air traffic control
facilities and equipment.
``(b) Definitions.--As used in this section:
``(1) Association.--The term `Association' means the Air
Traffic Modernization Association established by this
section.
``(2) Panel.--The term `panel' means the executive panel of
the Air Traffic Modernization Association.
``(3) Obligor.--The term `obligor' means a public airport,
an air carrier or foreign air carrier that operates a public
airport, or a consortium consisting of 2 or more of such
entities.
``(4) Eligible project.--The term `eligible project' means
a project relating to the Nation's air traffic control system
that promotes safety, efficiency or mobility, and is included
in the Airway Capital Investment Plan required by section
44502, including--
``(A) airport-specific air traffic facilities and
equipment, including local area augmentation systems,
instrument landings systems, weather and wind shear detection
equipment, lighting improvements and control towers;
``(B) automation tools to effect improvements in airport
capacity, including passive final approach spacing tools and
traffic management advisory equipment; and
``(C) facilities and equipment that enhance airspace
control procedures, including consolidation of terminal radar
control facilities and equipment, or assist in en route
surveillance, including oceanic and off-shore flight
tracking.
``(5) Substantial completion.--The term `substantial
completion' means the date upon which a project becomes
available for service.
``(c) Air Traffic Modernization Association.--
``(1) In general.--There may be established in the District
of Columbia a private, not for profit corporation, which
shall be known as the Air Traffic Modernization Association,
for the purpose of providing assistance to obligors through
arranging lease and debt financing of eligible projects.
``(2) Non-federal entity.--The Association shall not be an
agency, instrumentality or establishment of the United States
Government and shall not be a `wholly-owned Government
controlled corporation' as defined in section 9101 of title
31, United States Code. No action under section 1491 of title
28, United States Code, shall be allowable against the United
States based on the actions of the Association.
``(3) Executive panel.--
``(A) The Association shall be under the direction of an
executive panel made up of 3 members, as follows--
``(i) 1 member shall be an employee of the Federal Aviation
Administration to be appointed by the Administrator;
``(ii) 1 member shall be a representative of commercial air
carriers, to be appointed by the Management Advisory Council;
and
``(iii) 1 member shall be a representative of operators of
primary airports, to be appointed by the Management Advisory
Council.
``(B) The panel shall elect from among its members a
chairman who shall serve for a term of 1 year and shall adopt
such bylaws, policies, and administrative provisions as are
necessary to the functioning of the Association.
``(4) Powers, duties and limitations.--Consistent with
sound business techniques and provisions of this chapter, the
Association is authorized--
``(A) to borrow funds and enter into lease arrangements as
lessee with other parties relating to the financing of
eligible projects, provided that any public debt issuance
shall be rated investment grade by a nationally recognized
statistical rating organization;
``(B) to lend funds and enter into lease arrangements as
lessor with obligors, but--
``(i) the term of financing offered by the Association
shall not exceed the useful life of the eligible project
being financed, as estimated by the Administrator; and
``(ii) the aggregate amount of combined debt and lease
financing provided under this subsection for air traffic
control facilities and equipment--

``(I) may not exceed $500,000,000 per fiscal year for
fiscal years 2000, 2001, and 2002;
``(II) shall be used for not more than 10 projects; and
``(III) may not provide funding in excess of $50,000,000
for any single project; and

``(C) to exercise all other powers that are necessary and
proper to carry out the purposes of this section.
``(5) Project selection criteria.--In selecting eligible
projects from applicants to be funded under this section, the
Association shall consider the following criteria:
``(A) The eligible project's contribution to the national
air transportation system, as outlined in the Federal
Aviation Administration's modernization plan for alleviating
congestion, enhancing mobility, and improving safety.
``(B) The credit-worthiness of the revenue stream pledged
by the obligor.
``(C) The extent to which assistance by the Association
will enable the obligor to accelerate the date of substantial
completion of the project.
``(D) The extent of economic benefit to be derived within
the aviation industry, including both public and private
sectors.
``(d) Authority To Enter into Joint Venture.--
``(1) In general.--Subject to the conditions set forth in
this section, the Administrator of the Federal Aviation
Administration is authorized to enter into a joint venture,
on a pilot program basis, with Federal and non-Federal
entities to establish the Air Traffic Modernization
Association described in subsection (c) for the purpose of
acquiring, procuring or utilizing air traffic facilities and
equipment in accordance with the Airway Capital Investment
Plan.
``(2) Cost sharing.--The Administrator is authorized to
make payments to the Association from amounts available under
section 4801(a) of this title, provided that the agency's
share of an annual payment for a lease or other financing
agreement does not exceed the direct or imputed interest
portion of each annual payment for an eligible project. The
share of the annual payment to be made by an obligor to the
lease or other financing agreement shall be in sufficient
amount to amortize the asset cost. If the obligor is an
airport sponsor, the sponsor may use revenue from a passenger
facility fee, provided that such revenue does not exceed 25
cents per enplaned passenger per year.
``(3) Project specifications.--The Administrator shall have
the sole authority to approve the specifications, staffing
requirements, and operating and maintenance plan for each
eligible project, taking into consideration the
recommendations of the Air Traffic Services Subcommittee of
the Management Advisory Council.
``(e) Incentives for Participation.--An airport sponsor
that enters into a lease or financial arrangement financed by
the Air Traffic Modernization Association may use its share
of the annual payment as a credit toward the non-Federal
matching share requirement for any funds made available to
the sponsor for airport development projects under chapter
471 of this title.
``(f) United States Not Obligated.--The contribution of
Federal funds to the Association pursuant to subsection (d)
of this section shall not be construed as a commitment,
guarantee, or obligation on the part of the United States to
any third party, nor shall any third party have any right
against the United States by virtue of the contribution. The
obligations of the Association do not constitute any
commitment, guarantee or obligation of the United States.
``(g) Report to Congress.--Not later than 3 years after
establishment of the Association, the Administrator shall
provide a comprehensive and detailed report to the Senate
Committee on Commerce, Science, and Transportation and the
House Committee on Transportation and Infrastructure on the
Association's activities including--
``(1) an assessment of the Association's effectiveness in
accelerating the modernization of the air traffic control
system;
``(2) a full description of the projects financed by the
Association and an evaluation of the benefits to the aviation
community and general public of such investment; and
``(3) recommendations as to whether this pilot program
should be expanded or other strategies should be pursued to
improve the safety and efficiency of the Nation's air
transportation system.
``(h) Authorization.--Not more than the following amounts
may be appropriated to the Administrator from amounts made
available under section 4801(a) of this title for the
agency's share of the organizational and administrative costs
for the Air Traffic Modernization Association--
``(1) $500,000 for fiscal year 2000;
``(2) $500,000 for fiscal year 2001; and
``(3) $500,000 for fiscal year 2002.
``(i) Relationship to Other Authorities.--Nothing in this
section is intended to limit or diminish existing authorities
of the Administrator to acquire, establish, improve, operate,
and maintain air navigation facilities and equipment.''.
(b) Conforming Amendments.--
(1) Section 40117(b)(1) is amended by striking
``controls.'' and inserting ``controls, or to finance an
eligible project through the Air Traffic Modernization
Association in accordance with section 44516 of this
title.''.
(2) The analysis for chapter 445 is amended by adding at
the end the following:

``44516. Air traffic modernization pilot program.''.

[[Page S12142]]

TITLE X--METROPOLITAN AIRPORTS AUTHORITY IMPROVEMENT ACT

SEC. 1001. SHORT TITLE.

This title may be cited as the ``Metropolitan Airports
Authority Improvement Act''.

SEC. 1002. REMOVAL OF LIMITATION.

Section 49106(c)(6) of title 49, United States Code, is
amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraph (D) as subparagraph (C).
TITLE XI--NOISE ABATEMENT

SEC. 1101. GOOD NEIGHBORS POLICY.

(a) Public Disclosure of Noise Mitigation Efforts by Air
Carriers.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary of
Transportation shall collect and publish information provided
by air carriers regarding their operating practices that
encourage their pilots to follow the Federal Aviation
Administration's operating guidelines on noise abatement.
(b) Safety First.--The Secretary shall take such action as
is necessary to ensure that noise abatement efforts do not
threaten aviation safety.
(c) Protection of Proprietary Information.--In publishing
information required by this section, the Secretary shall
take such action as is necessary to prevent the disclosure of
any air carrier's proprietary information.
(d) No Mandate.--Nothing in this section shall be construed
to mandate, or to permit the Secretary to mandate, the use of
noise abatement settings by pilots.

SEC. 1102. GAO REVIEW OF AIRCRAFT ENGINE NOISE ASSESSMENT.

(a) GAO Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study and report to Congress on
regulations and activities of the Federal Aviation
Administration in the area of aircraft engine noise
assessment. The study shall include a review of--
(1) the consistency of noise assessment techniques across
different aircraft models and aircraft engines, and with
varying weight and thrust settings; and
(2) a comparison of testing procedures used for unmodified
engines and engines with hush kits or other quieting devices.
(b) Recommendations to the FAA.--The Comptroller General's
report shall include specific recommendations to the Federal
Aviation Administration on new measures that should be
implemented to ensure consistent measurement of aircraft
engine noise.

SEC. 1103. GAO REVIEW OF FAA COMMUNITY NOISE ASSESSMENT.

(a) GAO Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study and report to Congress on the
regulations and activities of the Federal Aviation
Administration in the area of noise assessment in communities
near airports. The study shall include a review of whether
the noise assessment practices of the Federal Aviation
Administration fairly and accurately reflect the burden of
noise on communities.
(b) Recommendations to the FAA.--The Comptroller General's
report shall include specific recommendations to the Federal
Aviation Administration on new measures to improve the
assessment of airport noise in communities near airports.
TITLE XII--STUDY TO ENSURE CONSUMER INFORMATION

SEC. 1201. SHORT TITLE.

This title may be cited as the ``Improved Consumer Access
to Travel Information Act''.

SEC. 1202. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION
AND CHOICE IN THE AIRLINE INDUSTRY.

(a) Establishment.--There is established a commission to be
known as the ``National Commission to Ensure Consumer
Information and Choice in the Airline Industry'' (in this
section referred to as the ``Commission'').
(b) Duties.--
(1) Study.--The Commission shall undertake a study of--
(A) consumer access to information about the products and
services of the airline industry;
(B) the effect on the marketplace of the emergence of new
means of distributing such products and services;
(C) the effect on consumers of the declining financial
condition of travel agents in the United States; and
(D) the impediments imposed by the airline industry on
distributors of the industry's products and services,
including travel agents and Internet-based distributors.
(2) Policy recommendations.--Based on the results of the
study described in paragraph (1), the Commission shall
recommend to the President and Congress policies necessary
to--
(A) ensure full consumer access to complete information
concerning airline fares, routes, and other services;
(B) ensure that the means of distributing the products and
services of the airline industry, and of disseminating
information about such products and services, is adequate to
ensure that competitive information is available in the
marketplace;
(C) ensure that distributors of the products and services
of the airline industry have adequate relief from illegal,
anticompetitive practices that occur in the marketplace; and
(D) foster healthy competition in the airline industry and
the entry of new entrants.
(c) Specific Matters to be Addressed.--In carrying out the
study authorized under subsection (b)(1), the Commission
shall specifically address the following:
(1) Consumer access to information.--With respect to
consumer access to information regarding the services and
products offered by the airline industry, the following:
(A) The state of such access.
(B) The effect in the 5-year period following the date of
the study of the making of alliances in the airline industry.
(C) Whether and to what degree the trends regarding such
access will produce benefits to consumers.
(2) Means of distribution.--With respect to the means of
distributing the products and services of the airline
industry, the following:
(A) The state of such means of distribution.
(B) The roles played by travel agencies and Internet-based
providers of travel information and services in distributing
such products and services.
(C) Whether the policies of the United States promote the
access of consumers to multiple means of distribution.
(3) Airline reservation systems.--With respect to airline
reservation systems, the following:
(A) The rules, regulations, policies, and practices of the
industry governing such systems.
(B) How trends in such systems will affect consumers,
including--
(i) the effect on consumer access to flight reservation
information; and
(ii) the effect on consumers of the use by the airline
industry of penalties and promotions to convince distributors
to use such systems, and the degree of consumer awareness of
such penalties and promotions.
(4) Legal impediments to distributors seeking relief for
anticompetitive actions.--The policies of the United States
with respect to the legal impediments to distributors seeking
relief for anticompetitive actions, including--
(A) Federal preemption of civil actions against airlines;
and
(B) the role of the Department of Transportation in
enforcing rules against anticompetitive practices.
(d) Membership.--
(1) Appointment.--The Commission shall be composed of 15
voting members and 11 nonvoting members as follows:
(A) 5 voting members and 1 nonvoting member appointed by
the President.
(B) 3 voting members and 3 nonvoting members appointed by
the Speaker of the House of Representatives.
(C) 2 voting members and 2 nonvoting members appointed by
the Minority Leader of the House of Representatives.
(D) 3 voting members and 3 nonvoting members appointed by
the Majority Leader of the Senate.
(E) 2 voting members and 2 nonvoting members appointed by
the Minority Leader of the Senate.
(2) Qualifications.--Voting members appointed under
paragraph (1) shall be appointed from among individuals who
are experts in economics, service product distribution, or
transportation, or any related discipline, and who can
represent consumers, passengers, shippers, travel agents,
airlines, or general aviation.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(6) Chairperson.--The President, in consultation with the
Speaker of the House of Representatives and the Majority
Leader of the Senate, shall designate the Chairperson of the
Commission (referred to in this title as the ``Chairperson'')
from among its voting members.
(e) Commission Panels.--The Chairperson shall establish
such panels consisting of voting members of the Commission as
the Chairperson determines appropriate to carry out the
functions of the Commission.
(f) Staff.--The Commission may appoint and fix the pay of
such personnel as it considers appropriate.
(g) Staff of Federal Agencies.--Upon request of the
Commission, the head of any department or agency of the
United States may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Commission to
assist it in carrying out its duties under this section.
(h) Other Staff and Support.--Upon the request of the
Commission, or a panel of the Commission, the Secretary of
Transportation shall provide the Commission or panel with
professional and administrative staff and other support, on a
reimbursable basis, to assist the Commission or panel in
carrying out its responsibilities.
(i) Obtaining Official Data.--The Commission may secure
directly from any department or agency of the United States
information (other than information required by any statute
of the United States to be kept confidential by such
department or agency) necessary for the Commission to carry
out its duties under this section. Upon request of the
Commission, the head of that department or agency shall
furnish such nonconfidential information to the Commission.
(j) Report.--Not later than 6 months after the date on
which initial appointments of members to the Commission are
completed, the Commission shall transmit to the President and
Congress a report on the activities of the Commission,
including recommendations made by the Commission under
subsection (b)(2).
(k) Termination.--The Commission shall terminate on the
30th day following the date of transmittal of the report
under subsection (j). All records and papers of the
Commission shall thereupon be delivered by the Administrator
of General Services for deposit in the National Archives.

[[Page S12143]]

(l) Applicability of the Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission.
TITLE XIII--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

Section 48102(a) of title 49, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (4)(J);
(2) by striking the period at the end of paragraph (5) and
inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(6) $240,000,000 for fiscal year 2000;
``(7) $250,000,000 for fiscal year 2001; and
``(8) $260,000,000 for fiscal year 2002;''.

SEC. 1302. INTEGRATED NATIONAL AVIATION RESEARCH PLAN.

(a) In General.--Section 44501(c) of title 49, United
States Code, is amended--
(1) in paragraph (2)(B)--
(A) by striking ``and'' at the end of clause (iii);
(B) by striking the period at the end of clause (iv) and
inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new clause:
``(v) highlight the research and development technology
transfer activities that promote technology sharing among
government, industry, and academia through the Stevenson-
Wydler Technology Innovation Act of 1980.''; and
(2) in paragraph (3), by inserting ``The report shall be
prepared in accordance with requirements of section 1116 of
title 31, United States Code.'' after ``effect for the prior
fiscal year.''.
(b) Requirement.--Not later than March 1, 2000, the
Administrator of the National Aeronautics and Space
Administration and the Administrator of the Federal Aviation
Administration shall jointly prepare and transmit to the
Congress an integrated civil aviation research and
development plan.
(c) Contents.--The plan required by subsection (b) shall
include--
(1) an identification of the respective research and
development requirements, roles, and responsibilities of the
National Aeronautics and Space Administration and the Federal
Aviation Administration;
(2) formal mechanisms for the timely sharing of information
between the National Aeronautics and Space Administration and
the Federal Aviation Administration; and
(3) procedures for increased communication and coordination
between the Federal Aviation Administration research advisory
committee established under section 44508 of title 49, United
States Code, and the NASA Aeronautics and Space
Transportation Technology Advisory Committee.

SEC. 1303. INTERNET AVAILABILITY OF INFORMATION.

The Administrator of the Federal Aviation Administration
shall make available through the Internet home page of the
Federal Aviation Administration the abstracts relating to all
research grants and awards made with funds authorized by the
amendments made by this Act. Nothing in this section shall be
construed to require or permit the release of any information
prohibited by law or regulation from being released to the
public.

SEC. 1304. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.

Section 44504(b)(1) of title 49, United States Code, is
amended by inserting ``, including nonstructural aircraft
systems,'' after ``life of aircraft''.

SEC. 1305. POST FREE FLIGHT PHASE I ACTIVITIES.

No later than May 1, 2000, the Administrator of the Federal
Aviation Administration shall transmit to Congress a
definitive plan for the continued implementation of Free
Flight Phase I operational capabilities for fiscal years 2003
through 2005. The plan shall include and address the
recommendations concerning operational capabilities for
fiscal years 2003 through 2005 due to be made by the RTCA
Free Flight Steering Committee in December 1999 that was
established at the direction of the Federal Aviation
Administration. The plan shall also include budget estimates
for the implementation of these operational capabilities.

SEC. 1306. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

The Administrator of the Federal Aviation Administration
shall consider awards to nonprofit concrete pavement research
foundations to improve the design, construction,
rehabilitation, and repair of rigid concrete airfield
pavements to aid in the development of safer, more cost-
effective, and durable airfield pavements. The Administrator
may use a grant or cooperative agreement for this purpose.
Nothing in this section shall require the Administrator to
prioritize an airfield payment research program above safety,
security, Flight 21, environment, or energy research
programs.

SEC. 1307. SENSE OF SENATE REGARDING PROTECTING THE FREQUENCY
SPECTRUM USED FOR AVIATION COMMUNICATION.

It is the sense of the Senate that with the World Radio
Communication Conference scheduled to begin in May, 2000, and
the need to ensure that the frequency spectrum available for
aviation communication and navigation is adequate, the
Federal Aviation Administration should--
(1) give high priority to developing a national policy to
protect the frequency spectrum used for the Global
Positioning System that is critical to aviation
communications and the safe operation of aircraft; and
(2) expedite the appointment of the United States
Ambassador to the World Radio Communication Conference.

SEC. 1308. STUDY.

The Secretary shall conduct a study to evaluate the
applicability of the techniques used to fund and administer
research under the National Highway Cooperative Research
Program and the National Transmit Research Program to the
research needs of airports.
TITLE XIV--AIRLINE CUSTOMER SERVICE COMMITMENT

SEC. 1401. AIRLINE CUSTOMER SERVICE REPORTS.

(a) Secretary To Report Plans Received.--Each air carrier
that provides scheduled passenger air transportation and that
is a member of the Air Transport Association, all of which
have entered into the voluntary customer service commitments
established by the Association on June 17, 1999 (hereinafter
referred to as the ``Airline Customer Service Commitment''),
shall provide a copy of its individual customer service plan
to the Secretary of Transportation by September 15, 1999. The
Secretary, upon receipt of the individual plans, shall report
to the Senate Committee on Commerce, Science, and
Transportation and to the House of Representatives Committee
on Transportation and Infrastructure the receipt of each such
plan and transmit a copy of each plan.
(b) Implementation.--The Inspector General of the
Department of Transportation shall monitor the implementation
of any plan submitted to the Secretary under subsection (a)
and evaluate the extent to which each such carrier has met
its commitments under its plan. Each such carrier shall
provide such information to the Inspector General as may be
necessary for the Inspector General to prepare the report
required by subsection (c).
(c) Reports to the Congress.--
(1) Interim report.--The Inspector General shall submit a
report of the Inspector General's findings under subsection
(a) to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure by June 15, 2000, that
includes a status report on completion, publication, and
implementation of the Airline Customer Service Commitment and
the individual airline plans to carry it out. The report
shall include a review of whether each air carrier has
modified its contract of carriage or conditions of contract
to reflect each item of the Airline Customer Service
Commitment.
(2) Final report; recommendations.--
(A) In general.--The Inspector General shall submit a final
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure by December 31, 2000, on
the effectiveness of the Airline Customer Service Commitment
and the individual airline plans to carry it out, including
recommendations for improving accountability, enforcement,
and consumer protections afforded to commercial air
passengers.
(B) Specific content.--In the final report under
subparagraph (A), the Inspector General shall--
(i) evaluate each carrier's plan for whether it is
consistent with the voluntary commitments established by the
Air Transport Association in the Airline Customer Service
Commitment;
(ii) evaluate each carrier as to the extent to which, and
the manner in which, it has performed in carrying out its
plan;
(iii) identify, by air carrier, how it has implemented each
commitment covered by its plan; and
(iv) provide an analysis, by air carrier, of the methods of
meeting each commitment, and in such analysis provide
information that allows consumers to make decisions on the
quality of air transportation provided by such carriers.

SEC. 1402. INCREASED FINANCIAL RESPONSIBILITY FOR LOST
BAGGAGE.

The Secretary of Transportation shall initiate a rule
making within 30 days after the date of enactment of this Act
to increase the domestic baggage liability limit in part 254
of title 14, Code of Federal Regulations.

SEC. 1403. INCREASED PENALTY FOR VIOLATION OF AVIATION
CONSUMER PROTECTION LAWS.

Section 46301(a), as amended by section 407 of this Act, is
amended by adding at the end thereof the following:
``(8) Consumer protection.--For a violation of sections
41310 and 41712, any rule or regulation promulgated
thereunder, or any other rule or regulation promulgated by
the Secretary of Transportation that is intended to afford
protection to commercial air transportation consumers, the
maximum civil penalty prescribed by subsection (a) may not
exceed $2,500 for each violation.''.

SEC. 1404. COMPTROLLER GENERAL INVESTIGATION.

The Comptroller General of the United States shall study
the potential effects on aviation consumers, including the
impact on fares and service to small communities, of a
requirement that air carriers permit a ticketed passenger to
use any portion of a multiple-stop or round-trip air fare for
transportation independent of any other portion without
penalty. The Comptroller General shall submit a report, based
on the study, to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure by June 15, 2000.

SEC. 1405. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER
PROTECTIONS.

(a) In General.--Chapter 481 is amended by adding at the
end thereof the following:

``Sec. 48112. Consumer protection

``There are authorized to be appropriated to the Secretary
of Transportation out of the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code
of

[[Page S12144]]

1986 for the purpose of ensuring compliance with, and
enforcing, the rights of air travelers under sections 41310
and 41712 of this title--
``(1) $2,300,000 for fiscal year 2000;
``(2) $2,415,000 for fiscal year 2001;
``(3) $2,535,750 for fiscal year 2002; and
``(4) $2,662,500 for fiscal year 2003.''.
(b) Conforming Amendment.--The chapter analysis for chapter
481 is amended by adding at the end thereof the following:

``48112. Consumer protection.''.
TITLE XV--PENALTIES FOR UNRULY PASSENGERS

SEC. 1501. PENALTIES FOR UNRULY PASSENGERS.

(a) In General.--Chapter 463 is amended by adding at the
end the following:

``Sec. 46317. Interference with cabin or flight crew

``(a) General Rule.--An individual who physically assaults
or threatens to physically assault a member of the flight
crew or cabin crew of a civil aircraft or any other
individual on the aircraft, or takes any action that poses an
imminent threat to the safety of the aircraft or other
individuals on the aircraft is liable to the United States
Government for a civil penalty of not more than $25,000.
``(b) Compromise and Setoff.--
``(1) Compromise.--The Secretary may compromise the amount
of a civil penalty imposed under this section.
``(2) Setoff.--The United States Government may deduct the
amount of a civil penalty imposed or compromised under this
section from amounts the Government owes the person liable
for the penalty.''.
(b) Conforming Amendment.--The table of sections for
chapter 463 is amended by adding at the end the following:

``46317. Interference with cabin or flight crew.''.

SEC. 1502. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT
OFFICERS.

(a) Definitions.--In this section:
(1) Aircraft.--The term ``aircraft'' has the meaning given
that term in section 40102.
(2) Air transportation.--The term ``air transportation''
has the meaning given that term in section 40102.
(3) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(b) Establishment of a Program To Deputize Local Law
Enforcement Officers.--
(1) In general.--The Attorney General may--
(A) establish a program under which the Attorney General
may deputize State and local law enforcement officers having
jurisdiction over airports and airport authorities as Deputy
United States Marshals for the limited purpose of enforcing
Federal laws that regulate security on board aircraft,
including laws relating to violent, abusive, or disruptive
behavior by passengers of air transportation; and
(B) encourage the participation of law enforcement officers
of State and local governments in the program established
under subparagraph (A).
(2) Consultation.--In establishing the program under
paragraph (1), the Attorney General shall consult with
appropriate officials of--
(A) the Federal Government (including the Administrator of
the Federal Aviation Administration or a designated
representative of the Administrator); and
(B) State and local governments in any geographic area in
which the program may operate.
(3) Training and background of law enforcement officers.--
(A) In general.--Under the program established under this
subsection, to qualify to serve as a Deputy United States
Marshal under the program, a State or local law enforcement
officer shall--
(i) meet the minimum background and training requirements
for a law enforcement officer under part 107 of title 14,
Code of Federal Regulations (or equivalent requirements
established by the Attorney General); and
(ii) receive approval to participate in the program from
the State or local law enforcement agency that is the
employer of that law enforcement officer.
(B) Training not federal responsibility.--The Federal
Government shall not be responsible for providing to a State
or local law enforcement officer the training required to
meet the training requirements under subparagraph (A)(i).
Nothing in this subsection may be construed to grant any such
law enforcement officer the right to attend any institution
of the Federal Government established to provide training to
law enforcement officers of the Federal Government.
(c) Powers and Status of Deputized Law Enforcement
Officers.--
(1) In general.--Subject to paragraph (2), a State or local
law enforcement officer that is deputized as a Deputy United
States Marshal under the program established under subsection
(b) may arrest and apprehend an individual suspected of
violating any Federal law described in subsection (b)(1)(A),
including any individual who violates a provision subject to
a civil penalty under section 46301 of title 49, United
States Code, or section 46302, 46303, 46504, 46505, or 46507
of that title, or who commits an act described in section
46506 of that title.
(2) Limitation.--The powers granted to a State or local law
enforcement officer deputized under the program established
under subsection (b) shall be limited to enforcing Federal
laws relating to security on board aircraft in flight.
(3) Status.--A State or local law enforcement officer that
is deputized as a Deputy United States Marshal under the
program established under subsection (b) shall not--
(A) be considered to be an employee of the Federal
Government; or
(B) receive compensation from the Federal Government by
reason of service as a Deputy United States Marshal in the
program.
(d) Statutory Construction.--Nothing in this section may be
construed to--
(1) grant a State or local law enforcement officer that is
deputized under the program under subsection (b) the power to
enforce any Federal law that is not described in subsection
(c); or
(2) limit the authority that a State or local law
enforcement officer may otherwise exercise in the capacity
under any other applicable State or Federal law.
(e) Regulations.--The Attorney General may promulgate such
regulations as may be necessary to carry out this section.

SEC. 1503. STUDY AND REPORT ON AIRCRAFT NOISE.

Not later than December 31, 2002, the Secretary of
Transportation shall conduct a study and report to Congress
on--
(1) airport noise problems in the United States;
(2) the status of cooperative consultations and agreements
between the Federal Aviation Administration and the
International Civil Aviation Organization on stage 4 aircraft
noise levels; and
(3) the feasibility of proceeding with the development and
implementation of a timetable for air carrier compliance with
stage 4 aircraft noise requirements.
TITLE XVI--AIRLINE COMMISSION

SEC. 1601. SHORT TITLE.

This title may be cited as the ``Improved Consumer Access
to Travel Information Act''.

SEC. 1602. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION
AND CHOICE IN THE AIRLINE INDUSTRY.

[[Page S12145]]

(E) 2 voting members and 2 nonvoting members appointed by
the minority leader of the Senate
(2) Qualifications.--Voting members appointed under
paragraph (1) shall be appointed from among individuals who
are experts in economics, service product distribution, or
transportation, or any related discipline, and who can
represent consumers, passengers, shippers, travel agents,
airlines, or general aviation.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(6) Chairperson.--The President, in consultation with the
Speaker of the House of Representatives and the majority
leader of the Senate, shall designate the Chairperson of the
Commission (referred to in this title as the ``Chairperson'')
from among its voting members.
(e) Commission Panels.--The Chairperson shall establish
such panels consisting of voting members of the Commission as
the Chairperson determines appropriate to carry out the
functions of the Commission.
(f) Staff.--The Commission may appoint and fix the pay of
such personnel as it considers appropriate.
(g) Staff of Federal Agencies.--Upon request of the
Commission, the head of any department or agency of the
United States may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Commission to
assist it in carrying out its duties under this section.
(h) Other Staff and Support.--Upon the request of the
Commission, or a panel of the Commission, the Secretary of
Transportation shall provide the Commission or panel with
professional and administrative staff and other support, on a
reimbursable basis, to assist the Commission or panel in
carrying out its responsibilities.
(i) Obtaining Official Data.--The Commission may secure
directly from any department or agency of the United States
information (other than information required by any statute
of the United States to be kept confidential by such
department or agency) necessary for the Commission to carry
out its duties under this section. Upon request of the
Commission, the head of that department or agency shall
furnish such nonconfidential information to the Commission.
(j) Report.--Not later than 6 months after the date on
which initial appointments of members to the Commission are
completed, the Commission shall transmit to the President and
Congress a report on the activities of the Commission,
including recommendations made by the Commission under
subsection (b)(2).
(k) Termination.--The Commission shall terminate on the
30th day following the date of transmittal of the report
under subsection (j). All records and papers of the
Commission shall thereupon be delivered by the Administrator
of General Services for deposit in the National Archives.
(l) Applicability of the Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission.
TITLE XVII--TRANSPORTATION OF ANIMALS

SEC. 1701. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``Safe Air
Travel for Animals Act''.
(b) Table of Contents.--The table of contents of this title
is as follows:

Sec. 1701. Short title; table of contents.
Sec. 1702. Findings.

Subtitle A--Animal Welfare

Subtitle B--Transportation

SEC. 1702. FINDINGS.

Congress finds that--
(1) animals are live, sentient creatures, with the ability
to feel pain and suffer;
(2) it is inappropriate for animals transported by air to
be treated as baggage;
(3) according to the Air Transport Association, over
500,000 animals are transported by air each year and as many
as 5,000 of those animals are lost, injured, or killed;
(4) most injuries to animals traveling by airplane are due
to mishandling by baggage personnel, severe temperature
fluctuations, insufficient oxygen in cargo holds, or damage
to kennels;
(5) there are no Federal requirements that airlines report
incidents of animal loss, injury, or death;
(6) members of the public have no information to use in
choosing an airline based on its record of safety with regard
to transporting animals;
(7) the last congressional action on animals transported by
air was conducted over 22 years ago; and
(8) the conditions of cargo holds of airplanes must be
improved to protect the health, and ensure the safety, of
transported animals.
Subtitle A--Animal Welfare

SEC. 1711. DEFINITION OF TRANSPORT.

Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is
amended by adding at the end the following:
``(p) Transport.--The term `transport', when used with
respect to the air transport of an animal by a carrier, means
the transport of the animal during the period the animal is
in the custody of the carrier, from check-in of the animal
prior to departure until the animal is returned to the owner
or guardian of the animal at the final destination of the
animal.''.

SEC. 1712. INFORMATION ON INCIDENCE OF ANIMALS IN AIR
TRANSPORT.

Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is
amended--
(1) by striking ``Sec. 6. Every'' and inserting the
following:

``SEC. 6. REGISTRATION.

``(a) In General.--Each''; and
(2) by adding at the end the following:
``(b) Information on Incidence of Animals in Air
Transport.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall require
each airline carrier to--
``(1) submit to the Secretary real-time information (as the
information becomes available, but at least 24 hours in
advance of a departing flight) on each flight that will be
carrying a live animal, including--
``(A) the flight number;
``(B) the arrival and departure points of the flight;
``(C) the date and times of the flight; and
``(D) a description of the number and types of animals
aboard the flight; and
``(2) ensure that the flight crew of an aircraft is
notified of the number and types of animals, if any, on each
flight of the crew.''.

SEC. 1713. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS
DURING AIR TRANSPORT.

Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is
amended by adding at the end the following:
``(e) Reports by Carriers on Incidents Involving Animals
During Air Transport.--
``(1) In general.--An airline carrier that causes, or is
otherwise involved in or associated with, an incident
involving the loss, injury, death or mishandling of an animal
during air transport shall submit a report to the Secretary
of Agriculture and the Secretary of Transportation that
provides a complete description of the incident.
``(2) Administration.--Not later than 90 days after the
date of enactment of this subsection, the Secretary of
Agriculture, in consultation with the Secretary of
Transportation, shall issue regulations that specify--
``(A) the type of information that shall be included in a
report required under paragraph (1), including--
``(i) the date and time of an incident;
``(ii) the location and environmental conditions of the
incident site;
``(iii) the probable cause of the incident; and
``(iv) the remedial action of the carrier; and
``(B) a mechanism for notifying the public concerning the
incident.
``(3) Consumer information.--The Secretary of
Transportation shall include information received under
paragraph (1) in the Air Travel Consumer Reports and other
consumer publications of the Department of Transportation in
a separate category of information.
``(4) Consumer complaints.--Not later than 15 days after
receiving a consumer complaint concerning the loss, injury,
death or mishandling of an animal during air transport, the
Secretary of Transportation shall provide a description of
the complaint to the Secretary of Agriculture.''.

SEC. 1714. ANNUAL REPORTS.

Section 25 of the Animal Welfare Act (7 U.S.C. 2155) is
amended in the first sentence--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) a summary of--
``(A) incidents involving the loss, injury, or death of
animals transported by airline carriers; and
``(B) consumer complaints regarding the incidents.''.
Subtitle B--Transportation

SEC. 1721. POLICIES AND PROCEDURES FOR TRANSPORTING ANIMALS.

(a) In General.--Subchapter I of chapter 417 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec. 41716. Policies and procedures for transporting
animals

``An air carrier shall establish and include in each
contract of carriage under part 253 of title 14, Code of
Federal Regulations (or any successor regulation) policies
and procedures of the carrier for transporting animals
safely, including--
``(1) training requirements for airline personnel in the
proper treatment of animals being transported;
``(2) information on the risks associated with air travel
for animals;
``(3) a description of the conditions under which animals
are transported;
``(4) the safety record of the carrier with respect to
transporting animals; and
``(5) plans for handling animals prior to and after flight,
and when there are flight delays or other circumstances that
may affect the health or safety of an animal during
transport.''.
(b) Table of Contents.--The analysis for chapter 417 of
title 49, United States Code, is amended by adding at the end
of the items relating to subchapter I the following:

``41716. Policies and procedures for transporting animals.''.

[[Page S12146]]

SEC. 1722. CIVIL PENALTIES AND COMPENSATION FOR LOSS, INJURY,
OR DEATH OF ANIMALS DURING AIR TRANSPORT.

(a) In General.--Chapter 463 of title 49, United States
Code, is amended by adding at the end the following:

``Sec. 46317. Civil penalties and compensation for loss,
injury, or death of animals during air transport

``(a) Definitions.--In this section:
``(1) Carrier.--The term `carrier' means a person
(including any employee, contractor, or agent of the person)
operating an aircraft for the transportation of passengers or
property for compensation.
``(2) Transport.--The term `transport', when used with
respect to the air transport of an animal by a carrier, means
the transport of the animal during the period the animal is
in the custody of a carrier, from check-in of the animal
prior to departure until the animal is returned to the owner
or guardian of the animal at the final destination of the
animal.
``(b) Civil Penalties.--
``(1) In general.--The Secretary may assess a civil penalty
of not more than $5,000 for each violation on, or issue a
cease and desist order against, any carrier that causes, or
is otherwise involved in or associated with, the loss,
injury, or death of an animal during air transport.
``(2) Cease and desist orders.--A carrier who knowingly
fails to obey a cease and desist order issued by the
Secretary under this subsection shall be subject to a civil
penalty of $1,500 for each offense.
``(3) Separate offenses.--For purposes of determining the
amount of a penalty imposed under this subsection, each
violation and each day during which a violation continues
shall be a separate offense.
``(4) Factors.--In determining whether to assess a civil
penalty under this subsection and the amount of the civil
penalty, the Secretary shall consider--
``(A) the size and financial resources of the business of
the carrier;
``(B) the gravity of the violation;
``(C) the good faith of the carrier; and
``(D) any history of previous violations by the carrier.
``(5) Collection of penalties.--
``(A) In general.--On the failure of a carrier to pay a
civil penalty assessed by a final order under this section,
the Secretary shall request the Attorney General to institute
a civil action in a district court of the United States or
other United States court for any district in which the
carrier is found or resides or transacts business, to collect
the penalty.
``(B) Penalties.--The court shall have jurisdiction to hear
and decide an action brought under subparagraph (A).
``(c) Compensation.--If an animal is lost, injured, or dies
in transport by a carrier, unless the carrier proves that the
carrier did not cause, and was not otherwise involved in or
associated with, the loss, injury, or death of the animal,
the owner of the animal shall be entitled to compensation
from the carrier in an amount that--
``(1) is not less than 2 times any limitation established
by the carrier for loss or damage to baggage under part 254
of title 14, Code of Federal Regulations (or any successor
regulation); and
``(2) includes all veterinary and other related costs that
are documented and initiated not later than 1 year after the
incident that caused the loss, injury, or death of the
animal.''.
(b) Table of Contents.--The analysis for chapter 463 of
title 49, United States Code, is amended by adding at the end
the following:

``46317. Civil penalties and compensation for loss, injury, or death of
animals during air transport.''.

SEC. 1723. CARGO HOLD IMPROVEMENTS TO PROTECT ANIMAL HEALTH
AND SAFETY.

(a) In General.--To protect the health and safety of
animals in transport, the Secretary of Transportation shall--
(1) in conjunction with requiring certain transport
category airplanes used in passenger service to replace class
D cargo or baggage compartments with class C cargo or baggage
compartments under parts 25, 121, and 135 of title 14, Code
of Federal Regulations, to install, to the maximum extent
practicable, systems that permit positive airflow and heating
and cooling for animals that are present in cargo or baggage
compartments; and
(2) effective beginning January 1, 2001, prohibit the
transport of an animal by any carrier in a cargo or baggage
compartment that fails to include a system described in
paragraph (1).
(b) Report.--Not later than March 31, 2002, the Secretary
shall submit a report to Congress that describes actions that
have been taken to carry out subsection (a).

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