[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1000 Enrolled Bill (ENR)]
H.R.1000
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-AIRPORT AND AIRWAY IMPROVEMENTS

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TITLE II

-AIRLINE SERVICE IMPROVEMENTS

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in the Airline Industry.
Subtitle C--Competition

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TITLE III

-FAA MANAGEMENT REFORM

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TITLE V

-SAFETY

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TITLE VI

-TRANSFER OF AERONAUTICAL CHARTING ACTIVITY

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TITLE VII

-MISCELLANEOUS PROVISIONS

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spectrum used for aviation communication.

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TITLE VIII

-NATIONAL PARKS AIR TOUR MANAGEMENT

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TITLE IX

-FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

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

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TITLE X

-EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE

Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years beginning
after September 30, 1999.

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Except as otherwise provided in this Act, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
Subtitle A--Funding

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(a) Authorization of Appropriations.--Section 48103 is amended by
striking ``shall be'' the last place it appears and all that follows
and inserting the following: ``shall be--
``(1) $2,410,000,000 for fiscal year 1999;
``(2) $2,475,000,000 for fiscal year 2000;
``(3) $3,200,000,000 for fiscal year 2001;
``(4) $3,300,000,000 for fiscal year 2002; and
``(5) $3,400,000,000 for fiscal year 2003.
Such sums shall remain available until expended.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``After'' and all that follows through ``1999,'' and inserting
``After September 30, 2003,''.
(c) Reimbursement.--Upon enactment of this Act, amounts for
administration funded by the appropriation for ``Federal Aviation
Administration, Operations'', pursuant to the third proviso under the
heading ``Grants-in-Aid for Airports (Liquidation of Contract
Authorization) (Airport and Airway Trust Fund)'' in the Department of
Transportation and Related Agencies Appropriations Act, 2000, may be
reimbursed from funds limited under such heading.

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(a) General Authorization and Appropriations.--Section 48101(a) is
amended by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) $2,131,000,000 for fiscal year 1999.
``(2) $2,689,000,000 for fiscal year 2000.
``(3) $2,656,765,000 for fiscal year 2001.
``(4) $2,914,000,000 for fiscal year 2002.
``(5) $2,981,022,000 for fiscal year 2003.''.
(b) Universal Access Systems.--Section 48101 is amended by adding
at the end the following:
``(d) Universal Access Systems.--Of the amounts appropriated under
subsection (a) for fiscal year 2001, $8,000,000 may be used for the
voluntary purchase and installation of universal access systems.''.
(c) Alaska National Air Space Communications System.--Section 48101
is further amended by adding at the end the following:
``(e) Alaska National Air Space Communications System.--Of the
amounts appropriated under subsection (a) for fiscal year 2001,
$7,200,000 may be used by the Administrator of the Federal Aviation
Administration for the Alaska National Air Space Interfacility
Communications System if the Administrator issues a report supporting
the use of such funds for the System.''.
(d) Automated Surface Observation System/Automated Weather
Observing System Upgrade.--Section 48101 is further amended by adding
at the end the following:
``(f) Automated Surface Observation System/Automated Weather
Observing System Upgrade.--Of the amounts appropriated under subsection
(a) for fiscal years beginning after September 30, 2000, such sums as
may be necessary for the implementation and use of upgrades to the
current automated surface observation system/automated weather
observing system, if the upgrade is successfully demonstrated.''.
(e) Life-Cycle Cost Estimates.--Section 48101 is further amended by
adding at the end the following:
``(g) Life-Cycle Cost Estimates.--The Administrator of the Federal
Aviation Administration shall establish life-cycle cost estimates for
any air traffic control modernization project the total life-cycle
costs of which equal or exceed $50,000,000.''.

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(a) In General.--Section 106(k) is amended to read as follows:
``(k) Authorization of Appropriations for Operations.--
``(1) In general.--There is authorized to be appropriated to
the Secretary of Transportation for operations of the
Administration--
``(A) such sums as may be necessary for fiscal year 2000;
``(B) $6,592,235,000 for fiscal year 2001;
``(C) $6,886,000,000 for fiscal year 2002; and
``(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
``(2) Authorized expenditures.--Out of amounts appropriated
under paragraph (1), the following expenditures are authorized:
``(A) $450,000 for each of fiscal years 2000 through 2003
for wildlife hazard mitigation measures and management of the
wildlife strike database of the Federal Aviation
Administration.
``(B) $9,100,000 for the 3-fiscal-year period beginning
with fiscal year 2001 to support a university consortium
established to provide an air safety and security management
certificate program, working cooperatively with the Federal
Aviation Administration and United States air carriers, except
that funds under this subparagraph--
``(i) may not be used for the construction of a
building or other facility; and
``(ii) may only be awarded on the basis of open
competition.
``(C) Such sums as may be necessary for fiscal years 2000
through 2003 to support infrastructure systems development for
both general aviation and the vertical flight industry.
``(D) Such sums as may be necessary for fiscal years 2000
through 2003 to establish helicopter approach procedures using
current technologies (such as the Global Positioning System) to
support all-weather, emergency medical service for trauma
patients.
``(E) Such sums as may be necessary for fiscal years 2000
through 2003 to revise existing terminal and en route
procedures and instrument flight rules to facilitate the
takeoff, flight, and landing of tiltrotor aircraft and to
improve the national airspace system by separating such
aircraft from congested flight paths of fixed-wing aircraft.
``(F) $3,300,000 for fiscal year 2000 and $3,000,000 for
each of fiscal years 2001 through 2003 to implement the 1998
airport surface operations safety action plan of the Federal
Aviation Administration.
``(G) $9,100,000 for fiscal year 2001 to support air safety
efforts through payment of United States membership obligations
in the International Civil Aviation Organization, to be paid as
soon as practicable.
``(H) Such sums as may be necessary for fiscal years 2000
through 2003 for the Secretary to hire additional inspectors in
order to enhance air cargo security programs.
``(I) Such sums as may be necessary for fiscal years 2000
through 2003 to develop and improve training programs
(including model training programs and curriculum) for security
screening personnel at airports that will be used by airlines
to meet regulatory requirements relating to the training and
testing of such personnel.''.
(b) Office of Airline Information.--There is authorized to be
appropriated from the Airport and Airway Trust Fund to the Secretary
$4,000,000 for fiscal years beginning after September 30, 2000, to fund
the activities of the Office of Airline Information in the Bureau of
Transportation Statistics of the Department of Transportation.

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(a) Amounts Apportioned to Sponsors.--
(1) Amounts to be apportioned.--Section 47114(c)(1) is
amended--
(A) in subparagraph (B) by striking ``$500,000'' and
inserting ``$650,000''; and
(B) by adding at the end the following:
``(C) Special rule.--In any fiscal year in which the total
amount made available under section 48103 is $3,200,000,000 or
more--
``(i) the amount to be apportioned to a sponsor under
subparagraph (A) shall be increased by doubling the amount
that would otherwise be apportioned;
``(ii) the minimum apportionment to a sponsor under
subparagraph (B) shall be $1,000,000 rather than $650,000;
and
``(iii) the maximum apportionment to a sponsor under
subparagraph (B) shall be $26,000,000 rather than
$22,000,000.
``(D) New airports.--Notwithstanding subparagraph (A), the
Secretary shall apportion on the first day of the first fiscal
year following the official opening of a new airport with
scheduled passenger air transportation an amount equal to the
minimum amount set forth in subparagraph (B) or (C), as
appropriate, to the sponsor of such airport.
``(E) Use of previous fiscal year's apportionment.--
Notwithstanding subparagraph (A), the Secretary may apportion
to an airport sponsor in a fiscal year an amount equal to the
amount apportioned to that sponsor in the previous fiscal year
if the Secretary finds that--
``(i) passenger boardings at the airport fell below
10,000 in the calendar year used to calculate the
apportionment;
``(ii) the airport had at least 10,000 passenger
boardings in the calendar year prior to the calendar year
used to calculate apportionments to airport sponsors in a
fiscal year; and
``(iii) the cause of the shortfall in passenger
boardings was a temporary but significant interruption in
service by an air carrier to that airport due to an
employment action, natural disaster, or other event
unrelated to the demand for air transportation at the
affected airport.''.
(2) Conforming amendments.--Section 47114(c)(1) is amended--
(A) by striking ``(1)(A) The Secretary'' and inserting the
following:
``(1) Primary airports.--
``(A) Apportionment.--The Secretary'';
(B) in subparagraph (B) by striking ``(B) Not less'' and
inserting the following:
``(B) Minimum and maximum apportionments.--Not less''; and
(C) by aligning the left margin of subparagraph (A)
(including clauses (i) through (v)) and subparagraph (B) with
subparagraphs (C) and (D) (as added by paragraph (1)(B) of this
subsection).
(b) Cargo Only Airports.--Section 47114(c)(2) is amended--
(1) in subparagraph (A) by striking ``2.5 percent'' and
inserting ``3 percent''; and
(2) in subparagraph (C) by striking ``Not more than'' and
inserting ``In any fiscal year in which the total amount made
available under section 48103 is less than $3,200,000,000, not more
than''.
(c) Entitlement for General Aviation Airports.--Section 47114(d) is
amended to read as follows:
``(d) Amounts Apportioned for General Aviation Airports.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Area.--The term `area' includes land and water.
``(B) Population.--The term `population' means the
population stated in the latest decennial census of the United
States.
``(2) Apportionment.--Except as provided in paragraph (3), the
Secretary shall apportion to the States 18.5 percent of the amount
subject to apportionment for each fiscal year as follows:
``(A) 0.66 percent of the apportioned amount to Guam,
American Samoa, the Northern Mariana Islands, and the Virgin
Islands.
``(B) Except as provided in paragraph (4), 49.67 percent of
the apportioned amount for airports, excluding primary airports
but including reliever and nonprimary commercial service
airports, in States not named in subparagraph (A) in the
proportion that the population of each of those States bears to
the total population of all of those States.
``(C) Except as provided in paragraph (4), 49.67 percent of
the apportioned amount for airports, excluding primary airports
but including reliever and nonprimary commercial service
airports, in States not named in subparagraph (A) in the
proportion that the area of each of those States bears to the
total area of all of those States.
``(3) Special rule.--In any fiscal year in which the total
amount made available under section 48103 is $3,200,000,000 or
more, rather than making an apportionment under paragraph (2), the
Secretary shall apportion 20 percent of the amount subject to
apportionment for each fiscal year as follows:
``(A) To each airport, excluding primary airports but
including reliever and nonprimary commercial service airports,
in States the lesser of--
``(i) $150,000; or
``(ii) \1/5\ of the most recently published estimate of
the 5-year costs for airport improvement for the airport,
as listed in the national plan of integrated airport
systems developed by the Federal Aviation Administration
under section 47103.
``(B) Any remaining amount to States as follows:
``(i) 0.62 percent of the remaining amount to Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands.
``(ii) Except as provided in paragraph (4), 49.69
percent of the remaining amount for airports, excluding
primary airports but including reliever and nonprimary
commercial service airports, in States not named in clause
(i) in the proportion that the population of each of those
States bears to the total population of all of those
States.
``(iii) Except as provided in paragraph (4), 49.69
percent of the remaining amount for airports, excluding
primary airports but including reliever and nonprimary
commercial service airports, in States not named in clause
(i) in the proportion that the area of each of those States
bears to the total area of all of those States.
``(4) Airports in alaska, puerto rico, and hawaii.--An amount
apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or
Hawaii for airports in such State may be made available by the
Secretary for any public airport in those respective jurisdictions.
``(5) Use of state highway specifications.--
``(A) In general.--The Secretary may permit the use of
State highway specifications for airfield pavement construction
using funds made available under this subsection at nonprimary
airports with runways of 5,000 feet or shorter serving aircraft
that do not exceed 60,000 pounds gross weight if the Secretary
determines that--
``(i) safety will not be negatively affected; and
``(ii) the life of the pavement will not be shorter
than it would be if constructed using Administration
standards.
``(B) Limitation.--An airport may not seek funds under this
subchapter for runway rehabilitation or reconstruction of any
such airfield pavement constructed using State highway
specifications for a period of 10 years after construction is
completed unless the Secretary determines that the
rehabilitation or reconstruction is required for safety
reasons.
``(6) Integrated airport system planning.--Notwithstanding any
other provision of this subsection, funds made available under this
subsection may be used for integrated airport system planning that
encompasses one or more primary airports.''.
(d) Supplemental Apportionment for Alaska.--Section 47114(e) is
amended--
(1) in the subsection heading by striking ``Alternative'' and
inserting ``Supplemental'';
(2) in paragraph (1)--
(A) by striking ``Instead of apportioning amounts for
airports in Alaska under'' and inserting ``In general.--
Notwithstanding''; and
(B) by striking ``those airports'' and inserting ``airports
in Alaska'';
(3) in paragraph (2) by inserting ``Authority for discretionary
grants.--'' before ``This subsection'';
(4) by striking paragraph (3) and inserting the following:
``(3) Airports eligible for funds.--An amount apportioned under
this subsection may be used for any public airport in Alaska.
``(4) Special rule.--In any fiscal year in which the total
amount made available under section 48103 is $3,200,000,000 or
more, the amount that may be apportioned for airports in Alaska
under paragraph (1) shall be increased by doubling the amount that
would otherwise be apportioned.''; and
(5) by indenting paragraph (1) and aligning paragraph (1) (and
its subparagraphs) and paragraph (2) with paragraphs (3) and (4)
(as added by paragraph (4) of this subsection).
(e) Grants for Airport Noise Compatibility Planning.--Section
47117(e)(1)(A) is amended by striking ``31 percent'' each place it
appears and inserting ``34 percent''.
(f) Grants for Reliever Airports.--Section 47117(e)(1) is amended
by adding at the end the following:
``(C) In any fiscal year in which the total amount made
available under section 48103 is $3,200,000,000 or more, at least
two-thirds of 1 percent for grants to sponsors of reliever airports
which have--
``(i) more than 75,000 annual operations;
``(ii) a runway with a minimum usable landing distance of
5,000 feet;
``(iii) a precision instrument landing procedure;
``(iv) a minimum number of aircraft, to be determined by
the Secretary, based at the airport; and
``(v) been designated by the Secretary as a reliever
airport to an airport with 20,000 hours of annual delays in
commercial passenger aircraft takeoffs and landings.''.
(g) Repeal of Apportionment Limitation on Commercial Service
Airports in Alaska.--Section 47117 is amended by striking subsection
(f) and by redesignating subsections (g) and (h) as subsections (f) and
(g), respectively.

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(a) Authority To Impose Higher Fee.--Section 40117(b) is amended by
adding at the end the following:
``(4) In lieu of authorizing a fee under paragraph (1), the
Secretary may authorize under this section an eligible agency to impose
a passenger facility fee of $4.00 or $4.50 on each paying passenger of
an air carrier or foreign air carrier boarding an aircraft at an
airport the agency controls to finance an eligible airport-related
project, including making payments for debt service on indebtedness
incurred to carry out the project, if the Secretary finds--
``(A) in the case of an airport that has more than .25 percent
of the total number of annual boardings in the United States, that
the project will make a significant contribution to improving air
safety and security, increasing competition among air carriers,
reducing current or anticipated congestion, or reducing the impact
of aviation noise on people living near the airport; and
``(B) that the project cannot be paid for from funds reasonably
expected to be available for the programs referred to in section
48103.''.
(b) Limitation on Approval of Certain Applications.--
Section 40117(d) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of an application to impose a fee of more
than $3.00 for an eligible surface transportation or terminal
project, the agency has made adequate provision for financing the
airside needs of the airport, including runways, taxiways, aprons,
and aircraft gates.''.
(c) Reducing Apportionments.--Section 47114(f) is amended--
(1) by striking ``An amount'' and inserting ``(1) In general.--
Subject to paragraph (3), an amount'';
(2) by striking ``an amount equal to'' and all that follows
through the period at the end and inserting the following: ``an
amount equal to--
``(A) in the case of a fee of $3.00 or less, 50 percent of
the projected revenues from the fee in the fiscal year but not
by more than 50 percent of the amount that otherwise would be
apportioned under this section; and
``(B) in the case of a fee of more than $3.00, 75 percent
of the projected revenues from the fee in the fiscal year but
not by more than 75 percent of the amount that otherwise would
be apportioned under this section.'';
(3) by adding at the end the following:
``(2) Effective date of reduction.--A reduction in an
apportionment required by paragraph (1) shall not take effect until
the first fiscal year following the year in which the collection of
the fee imposed under section 40117 is begun.
``(3) Special rule for transitioning airorts.--
``(A) In general.--Beginning with the fiscal year following
the first calendar year in which the sponsor of an airport has
more than .25 percent of the total number of boardings in the
United States, the sum of the amount that would be apportioned
under this section after application of paragraph (1) in a
fiscal year to such sponsor and the projected revenues to be
derived from the fee in such fiscal year shall not be less than
the sum of the apportionment to such airport for the preceding
fiscal year and the revenues derived from such fee in the
preceding fiscal year.
``(B) Effective period.--Subparagraph (A) shall be in
effect for fiscal years 2000 through 2003.''; and
(4) by aligning paragraph (1) of such section (as designated by
paragraph (1) of this section) with paragraph (2) of such section
(as added by paragraph (3) of this section).

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(a) Authorization of Appropriations.--
(1) Airport and airway trust fund guarantee.--
(A) In general.--The total budget resources made available
from the Airport and Airway Trust Fund each fiscal year through
fiscal year 2003 pursuant to sections 48101, 48102, 48103, and
106(k) of title 49, United States Code, shall be equal to the
level of receipts plus interest credited to the Airport and
Airway Trust Fund for that fiscal year. Such amounts may be
used only for aviation investment programs listed in subsection
(b).
(B) Guarantee.--No funds may be appropriated or limited for
aviation investment programs listed in subsection (b) unless
the amount described in subparagraph (A) has been provided.
(2) Additional authorizations of appropriations from the
general fund.--In any fiscal year through fiscal year 2003, if the
amount described in paragraph (1) is appropriated, there is further
authorized to be appropriated from the general fund of the Treasury
such sums as may be necessary for the Federal Aviation
Administration Operations account.
(b) Definitions.--In this section, the following definitions apply:
(1) Total budget resources.--The term ``total budget
resources'' means the total amount made available from the Airport
and Airway Trust Fund for the sum of obligation limitations and
budget authority made available for a fiscal year for the following
budget accounts that are subject to the obligation limitation on
contract authority provided in this Act and for which
appropriations are provided pursuant to authorizations contained in
this Act:
(A) 69-8106-0-7-402 (Grants in Aid for Airports).
(B) 69-8107-0-7-402 (Facilities and Equipment).
(C) 69-8108-0-7-402 (Research and Development).
(D) 69-8104-0-7-402 (Trust Fund Share of Operations).
(2) Level of receipts plus interest.--The term ``level of
receipts plus interest'' means the level of excise taxes and
interest credited to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 for a fiscal year
as set forth in the President's budget baseline projection as
defined in section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177) (Treasury identification
code 20-8103-0-7-402) for that fiscal year submitted pursuant to
section 1105 of title 31, United States Code.
(c) Enforcement of Guarantees.--
(1) Total airport and airway trust fund funding.--It shall not
be in order in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, motion, or
conference report that would cause total budget resources in a
fiscal year for aviation investment programs described in
subsection (b) to be less than the amount required by subsection
(a)(1)(A) for such fiscal year.
(2) Capital priority.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report that provides
an appropriation (or any amendment thereto) for any fiscal year
through fiscal year 2003 for Research and Development or Operations
if the sum of the obligation limitation for Grants-in-Aid for
Airports and the appropriation for Facilities and Equipment for
such fiscal year is below the sum of the authorized levels for
Grants-in-Aid for Airports and for Facilities and Equipment for
such fiscal year.
(d) Conforming Amendment.--Section 48104 is amended--
(1) by striking ``Except as provided in this section,'' in
subsection (a); and
(2) by striking subsections (b) and (c).

c0dd3ad75941d2d367b365ec8eefe1ace7a31ca62332defcd6f94f26aef9ce02

(a) In General.--Chapter 481 is amended by adding at the end the
following:
``Sec. 48112. Adjustment to AIP program funding
``On the effective date of a general appropriations Act providing
appropriations for a fiscal year beginning after September 30, 2000,
for the Federal Aviation Administration, the amount made available for
a fiscal year under section 48103 shall be increased by the amount, if
any, by which--
``(1) the amount authorized to be appropriated under section
48101 for such fiscal year; exceeds
``(2) the amounts appropriated for programs funded under such
section for such fiscal year.
Any contract authority made available by this section shall be subject
to an obligation limitation.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``48112. Adjustment to AIP program funding.''.

e4b1b5a42e55a393bcef6c6e226a4e69f16ec4991cb5ccf6ca9bef83c7a2c7b4

(a) In General.--Chapter 481 is further amended by adding at the
end the following:
``Sec. 48113. Reprogramming notification requirement
``Before reprogramming any amounts appropriated under section
106(k), 48101(a), or 48103, for which notification of the Committees on
Appropriations of the Senate and the House of Representatives is
required, the Secretary of Transportation shall transmit a written
explanation of the proposed reprogramming to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.''.
(b) Conforming Amendment.--The analysis for chapter 481 is amended
by adding at the end the following:
``48113. Reprogramming notification requirement.''.
Subtitle B--Airport Development

a8b67414857c7de328d3775657b3715648f16bc56253c463e05a2498226347e7

(a) Policy.--Section 47101(a)(11) is amended by inserting
``(including integrated in-pavement lighting systems for runways and
taxiways and other runway and taxiway incursion prevention devices)''
after ``technology'' the first place it appears.
(b) Maximum Use of Safety Facilities.--Section 47101(f) is
amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) runway and taxiway incursion prevention devices,
including integrated in-pavement lighting systems for runways and
taxiways.''.
(c) Inclusion of Universal Access Systems and Emergency Call Boxes
as Airport Development.--Section 47102(3)(B) is amended--
(1) in clause (ii)--
(A) by striking ``and universal access systems,'' and
inserting ``, universal access systems, and emergency call
boxes,''; and
(B) by inserting ``and integrated in-pavement lighting
systems for runways and taxiways and other runway and taxiway
incursion prevention devices'' before the semicolon at the end;
and
(2) by inserting before the semicolon at the end of clause
(iii) the following: ``, including closed circuit weather
surveillance equipment if the airport is located in Alaska''.

1126ac014d062f1451dd08f2500484095c2a6302798c6fd2cab77f301bc8a756

EXTENSIONS.
Section 47102(3)(B) is amended--
(1) by striking ``and'' at the end of clause (v);
(2) by striking the period at the end of clause (vi) and
inserting a semicolon; and
(3) by adding at the end the following:
``(vii) windshear detection equipment that is certified
by the Administrator of the Federal Aviation
Administration;
``(viii) stainless steel adjustable lighting extensions
approved by the Administrator; and''.

77bc96bd9ca20f97ec82e3de12de00f5c06537ee204c06e971a41ce9434ae88d

(a) Repeal of Pilot Program.--
(1) In general.--Section 47132 is repealed.
(2) Conforming amendment.--The analysis for chapter 471 is
amended by striking the item relating to section 47132.
(b) Eligibility as Airport Development.--Section 47102(3) is
amended by adding at the end the following:
``(H) routine work to preserve and extend the useful life
of runways, taxiways, and aprons at airports that are not
primary airports, under guidelines issued by the Administrator
of the Federal Aviation Administration.''.

6d9b37aa828250aa765725ea8baed4975ff606d35277145b21bea51f85d5525a

(a) Study.--The Administrator shall enter into a cooperative
research and development agreement to study the benefits of utilizing
enhanced vision technologies to replace, enhance, or add to
conventional airport approach and runway lighting systems.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall transmit to Congress a
progress report on the work accomplished under the cooperative
agreements detailing the evaluations performed to determine the
potential of enhanced vision technology to meet the operational
requirements of the intended application.
(c) Certification.--Not later than 180 days after the conclusion of
work under the research agreements, the Administrator shall transmit to
Congress a report on the potential of enhanced vision technology to
satisfy the operational requirements of the Federal Aviation
Administration and a schedule for the development of performance
standards for certification appropriate to the application of the
enhanced vision technologies. If the Administrator certifies an
enhanced vision technology as meeting such performance standards, the
technology shall be treated as a navigation aid or other aid for
purposes of section 47102(3)(B)(i) of title 49, United States Code.

5f0b0c6bc8fb0019841bf9d3eb3c576156bd9b6670fd49ffc60c876ff86f72ee

(a) Waiver of Grant Assurance.--Section 47107(h) is amended to read
as follows:
``(h) Modifying Assurances and Requiring Compliance With Additional
Assurances.--
``(1) In general.--Subject to paragraph (2), before modifying
an assurance required of a person receiving a grant under this
subchapter and in effect after December 29, 1987, or to require
compliance with an additional assurance from the person, the
Secretary of Transportation must--
``(A) publish notice of the proposed modification in the
Federal Register; and
``(B) provide an opportunity for comment on the proposal.
``(2) Public notice before waiver of aeronautical land-use
assurance.--Before modifying an assurance under subsection
(c)(2)(B) that requires any property to be used for an aeronautical
purpose, the Secretary must provide notice to the public not less
than 30 days before making such modification.''.
(b) Waiver of Condition on Conveyance of Land.--Section 47125(a) is
amended by adding at the end the following: ``Before waiving a
condition that property be used for an aeronautical purpose under the
preceding sentence, the Secretary must provide notice to the public not
less than 30 days before waiving such condition.''.
(c) Surplus Property.--Section 47151 is amended by adding at the
end the following:
``(d) Waiver of Condition.--Before the Secretary may waive any
condition imposed on an interest in surplus property conveyed under
subsection (a) that such interest be used for an aeronautical purpose,
the Secretary must provide notice to the public not less than 30 days
before waiving such condition.''.
(d) Waiver of Certain Term.--Section 47153 is amended by adding at
the end the following:
``(c) Public Notice Before Waiver.--Notwithstanding subsections (a)
and (b), before the Secretary may waive any term imposed under this
section that an interest in land be used for an aeronautical purpose,
the Secretary must provide notice to the public not less than 30 days
before waiving such term.''.
(e) Limitation.--Nothing in any amendment made by this section
shall be construed to authorize the Secretary to issue a waiver or make
a modification referred to in such amendment.

b82282116e8306297af6a7940c0ef63d93e00a7a52a14e95effc4da73ebb7cea

Section 47109(a) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) not more than 90 percent for a project funded by a grant
issued to and administered by a State under section 47128, relating
to the State block grant program;''.

492c17c04d03432a25abf2b9644c8756ce160eb551302a2842aef547fa7767f2

Section 47110(e) is amended--
(1) by striking paragraph (2)(C) and inserting the following:
``(C) that meets the criteria of section 47115(d) and, if for a
project at a commercial service airport having at least 0.25
percent of the boardings each year at all such airports, the
Secretary decides will enhance system-wide airport capacity
significantly.''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Letters of intent.--The Secretary may not require an eligible
agency to impose a passenger facility fee under section 40117 in order
to obtain a letter of intent under this section.''.

b55461525f462687bbb11064b44b75c7068baf867509f2a0630adf43beda42d9

(a) Set-Aside for Meeting Safety Terms in Airport Operating
Certificates.--Section 47116 is amended by adding at the end the
following:
``(e) Set-Aside for Meeting Safety Terms in Airport Operating
Certificates.--In the first fiscal year beginning after the effective
date of regulations issued to carry out section 44706(b) with respect
to airports described in section 44706(a)(2), and in each of the next 4
fiscal years, the lesser of $15,000,000 or 20 percent of the amounts
that would otherwise be distributed to sponsors of airports under
subsection (b)(2) shall be used to assist the airports in meeting the
terms established by the regulations. If the Secretary publishes in the
Federal Register a finding that all the terms established by the
regulations have been met, this subsection shall cease to be effective
as of the date of such publication.''.
(b) Notification of Source of Grant.--Section 47116 is further
amended by adding at the end the following:
``(f) Notification of Source of Grant.--Whenever the Secretary
makes a grant under this section, the Secretary shall notify the
recipient of the grant, in writing, that the source of the grant is
from the small airport fund.''.
(c) Technical Amendments.--Section 47116(d) is amended--
(1) by striking ``In making'' and inserting the following:
``(1) Construction of new runways.--In making'';
(2) by adding at the end the following:
``(2) Airport development for turbine powered aircraft.--In
making grants to sponsors described in subsection (b)(1), the
Secretary shall give priority consideration to airport development
projects to support operations by turbine powered aircraft if the
non-Federal share of the project is at least 40 percent.''; and
(3) by aligning the remainder of paragraph (1) (as designated
by paragraph (1) of this subsection) with paragraph (2) (as added
by paragraph (2) of this subsection).

bcba8d2d0d7eaeee65bcae34ed600b54dcd3d61bc36dba0b6423a98e06a1849e

Section 47117(f) (as redesignated by section 104(g) of this Act) is
amended to read as follows:
``(f) Discretionary Use of Apportionments.--
``(1) In general.--Subject to paragraph (2), if the Secretary
finds that all or part of an amount of an apportionment under
section 47114 is not required during a fiscal year to fund a grant
for which the apportionment may be used, the Secretary may use
during such fiscal year the amount not so required to make grants
for any purpose for which grants may be made under section 48103.
The finding may be based on the notifications that the Secretary
receives under section 47105(f) or on other information received
from airport sponsors.
``(2) Restoration of apportionments.--
``(A) In general.--If the fiscal year for which a finding
is made under paragraph (1) with respect to an apportionment is
not the last fiscal year of availability of the apportionment
under subsection (b), the Secretary shall restore to the
apportionment an amount equal to the amount of the
apportionment used under paragraph (1) for a discretionary
grant whenever a sufficient amount is made available under
section 48103.
``(B) Period of availability.--If restoration under this
paragraph is made in the fiscal year for which the finding is
made or the succeeding fiscal year, the amount restored shall
be subject to the original period of availability of the
apportionment under subsection (b). If the restoration is made
thereafter, the amount restored shall remain available in
accordance with subsection (b) for the original period of
availability of the apportionment plus the number of fiscal
years during which a sufficient amount was not available for
the restoration.
``(3) Newly available amounts.--
``(A) Restored amounts to be unavailable for discretionary
grants.--Of an amount newly available under section 48103 of
this title, an amount equal to the amounts restored under
paragraph (2) shall not be available for discretionary grant
obligations under section 47115.
``(B) Use of remaining amounts.--Subparagraph (A) does not
impair the Secretary's authority under paragraph (1), after a
restoration under paragraph (2), to apply all or part of a
restored amount that is not required to fund a grant under an
apportionment to fund discretionary grants.
``(4) Limitations on obligations apply.--Nothing in this
subsection shall be construed to authorize the Secretary to incur
grant obligations under section 47104 for a fiscal year in an
amount greater than the amount made available under section 48103
for such obligations for such fiscal year.''.

1fd916237b7e50d0a12f893e7d08dbe80babd98fa8202b01161bc55ede58e681

(a) In General.--Section 47118 is amended--
(1) in subsection (a)--
(A) by striking ``12'' and inserting ``15''; and
(B) by striking paragraph (2) and inserting the following:
``(2) the airport is a military installation with both military and
civil aircraft operations.'';
(2) by striking subsection (c) and inserting the following:
``(c) Considerations.--In carrying out this section, the Secretary
shall consider only current or former military airports for designation
under this section if a grant under section 47117(e)(1)(B) would--
``(1) reduce delays at an airport with more than 20,000 hours
of annual delays in commercial passenger aircraft takeoffs and
landings; or
``(2) enhance airport and air traffic control system capacity
in a metropolitan area or reduce current and projected flight
delays.'';
(3) in subsection (d)--
(A) by striking ``47117(e)(1)(E)'' and inserting
``47117(e)(1)(B)'';
(B) by striking ``5-fiscal-year periods'' and inserting
``periods, each not to exceed 5 fiscal years,''; and
(C) by striking ``each such subsequent 5-fiscal-year
period'' and inserting ``each such subsequent period''; and
(4) by adding at the end the following:
``(g) Designation of General Aviation Airport.--Notwithstanding any
other provision of this section, one of the airports bearing a
designation under subsection (a) may be a general aviation airport that
was a former military installation closed or realigned under a section
referred to in subsection (a)(1).''.
(b) Terminal Building Facilities.--Section 47118(e) is amended by
striking ``$5,000,000'' and inserting ``$7,000,000''.
(c) Eligibility of Air Cargo Terminals.--Section 47118(f) is
amended--
(1) in subsection heading by striking ``and Hangars'' and
inserting ``Hangars, and Air Cargo Terminals'';
(2) by striking ``$4,000,000'' and inserting ``$7,000,000'';
and
(3) by inserting after ``hangars'' the following: ``and air
cargo terminals of an area that is 50,000 square feet or less''.

546fb31d0f1a6b9a2ebadd9e17c0510b2bf52f9a8ab81966c2ed20ee809470be

Section 47124(b) is amended by adding at the end the following:
``(3) Contract air traffic control tower pilot program.--
``(A) In general.--The Secretary shall establish a pilot
program to contract for air traffic control services at Level I
air traffic control towers, as defined by the Secretary, that
do not qualify for the contract tower program established under
subsection (a) and continued under paragraph (1) (in this
paragraph referred to as the `Contract Tower Program').
``(B) Program components.--In carrying out the pilot
program, the Secretary shall--
``(i) utilize for purposes of cost-benefit analyses,
current, actual, site-specific data, forecast estimates, or
airport master plan data provided by a facility owner or
operator and verified by the Secretary; and
``(ii) approve for participation only facilities
willing to fund a pro rata share of the operating costs of
the air traffic control tower to achieve a 1-to-1 benefit-
to-cost ratio using actual site-specific contract tower
operating costs in any case in which there is an operating
air traffic control tower, as required for eligibility
under the Contract Tower Program.
``(C) Priority.--In selecting facilities to participate in
the pilot program, the Secretary shall give priority to the
following facilities:
``(i) Air traffic control towers that are participating
in the Contract Tower Program but have been notified that
they will be terminated from such program because the
Secretary has determined that the benefit-to-cost ratio for
their continuation in such program is less than 1.0.
``(ii) Air traffic control towers that the Secretary
determines have a benefit-to-cost ratio of at least .50.
``(iii) Air traffic control towers of the Federal
Aviation Administration that are closed as a result of the
air traffic controllers strike in 1981.
``(iv) Air traffic control towers located at airports
or points at which an air carrier is receiving compensation
under the essential air service program under this chapter.
``(v) Air traffic control towers located at airports
that are prepared to assume partial responsibility for
maintenance costs.
``(vi) Air traffic control towers located at airports
with safety or operational problems related to topography,
weather, runway configuration, or mix of aircraft.
``(vii) Air traffic control towers located at an
airport at which the community has been operating the tower
at its own expense.
``(D) Costs exceeding benefits.--If the costs of operating
an air traffic tower under the pilot program exceed the
benefits, the airport sponsor or State or local government
having jurisdiction over the airport shall pay the portion of
the costs that exceed such benefit.
``(E) Funding.--Subject to paragraph (4)(D), of the amounts
appropriated pursuant to section 106(k), not more than
$6,000,000 per fiscal year may be used to carry out this
paragraph.
``(4) Construction of air traffic control towers.--
``(A) In general.--Notwithstanding any other provision of
this subchapter, the Secretary may provide grants under this
subchapter to not more than two airport sponsors for the
construction of a low-level activity visual flight rule (level
1) air traffic control tower, as defined by the Secretary.
``(B) Eligibility.--A sponsor shall be eligible for a grant
under this paragraph if--
``(i) the sponsor would otherwise be eligible to
participate in the pilot program established under
paragraph (3) except for the lack of the air traffic
control tower proposed to be constructed under this
subsection; and
``(ii) the sponsor agrees to fund not less than 25
percent of the costs of construction of the air traffic
control tower.
``(C) Project costs.--Grants under this paragraph shall be
paid only from amounts apportioned to the sponsor under section
47114(c)(1).
``(D) Federal share.--The Federal share of the cost of
construction of an air traffic control tower under this
paragraph may not exceed $1,100,000.''.

a89325e310aac9c00ce9c721632e3d8ef6e649dec4438ef2d6fd81a66b1311c0

(a) In General.--Subchapter I of chapter 471 is amended by adding
at the end the following:
``Sec. 47135. Innovative financing techniques
``(a) In General.--The Secretary of Transportation may approve
applications for not more than 20 airport development projects for
which grants received under this subchapter may be used for innovative
financing techniques. Such projects shall be located at airports that
each year have less than .25 percent of the total number of passenger
boardings each year at all commercial service airports in the most
recent calendar year for which data is available.
``(b) Purpose.--The purpose of grants made under this section shall
be to provide information on the benefits and difficulties of using
innovative financing techniques for airport development projects.
``(c) Limitations.--
``(1) No guarantees.--In no case shall the implementation of an
innovative financing technique under this section be used in a
manner giving rise to a direct or indirect guarantee of any airport
debt instrument by the United States Government.
``(2) Types of techniques.--In this section, innovative
financing techniques are limited to--
``(A) payment of interest;
``(B) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible airport
development;
``(C) flexible non-Federal matching requirements; and
``(D) use of funds apportioned under section 47114 for the
payment of principal and interest of terminal development for
costs incurred before the date of the enactment of this
section.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is amended by adding at the end the following:
``47135. Innovative financing techniques.''.

0010e1827d7c3f20fae0878e5dc4aaf571b09c6aa17597a4286721eed1e805b6

(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47136. Inherently low-emission airport vehicle pilot program
``(a) In General.--The Secretary of Transportation shall carry out
a pilot program at not more than 10 public-use airports under which the
sponsors of such airports may use funds made available under section
48103 for use at such airports to carry out inherently low-emission
vehicle activities. Notwithstanding any other provision of this
subchapter, inherently low-emission vehicle activities shall for
purposes of the pilot program be treated as eligible for assistance
under this subchapter.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport shall be eligible for
participation in the pilot program only if the airport is located
in an air quality nonattainment area (as defined in section 171(2)
of the Clean Air Act (42 U.S.C. 7501(2)).
``(2) Shortage of candidates.--If the Secretary receives an
insufficient number of applications from public-use airports
located in such areas, then the Secretary may consider applications
from public-use airports that are not located in such areas.
``(c) Selection Criteria.--In selecting from among applicants for
participation in the pilot program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of
funds expended under the pilot program.
``(d) United States Government's Share.--Notwithstanding any other
provision of this subchapter, the United States Government's share of
the costs of a project carried out under the pilot program shall be 50
percent.
``(e) Maximum Amount.--Not more than $2,000,000 may be expended
under the pilot program at any single public-use airport.
``(f) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport carrying
out inherently low-emission vehicle activities under the pilot
program may use not more than 10 percent of the amounts made
available for expenditure at the airport in a fiscal year under the
pilot program to receive technical assistance in carrying out such
activities.
``(2) Eligible consortium.--To the maximum extent practicable,
participants in the pilot program shall use an eligible consortium
(as defined in section 5506 of this title) in the region of the
airport to receive technical assistance described in paragraph (1).
``(g) Materials Identifying Best Practices.--The Administrator may
develop and make available materials identifying best practices for
carrying out low-emission vehicle activities based on the projects
carried out under the pilot program and other sources.
``(h) Report to Congress.--Not later than 18 months after the date
of the enactment of this section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
``(1) an evaluation of the effectiveness of the pilot program;
``(2) an identification of other public-use airports that
expressed an interest in participating in the pilot program; and
``(3) a description of the mechanisms used by the Secretary to
ensure that the information and know-how gained by participants in
the pilot program is transferred among the participants and to
other interested parties, including other public-use airports.
``(i) Inherently Low-Emission Vehicle Activity Defined.--In this
section, the term `inherently low-emission vehicle activity' means--
``(1) the construction of infrastructure or modifications at
public-use airports to enable the delivery of fuel and services
necessary for the use of vehicles that are certified as inherently
low-emission vehicles under title 40 of the Code of Federal
Regulations and that--
``(A) operate exclusively on compressed natural gas,
liquefied natural gas, liquefied petroleum gas, electricity,
hydrogen, or a blend at least 85 percent of which is methanol;
``(B) are labeled in accordance with section 88.312-93(c)
of such title; and
``(C) are located or primarily used at public-use airports;
``(2) the construction of infrastructure or modifications at
public-use airports to enable the delivery of fuel and services
necessary for the use of nonroad vehicles that--
``(A) operate exclusively on compressed natural gas,
liquefied natural gas, liquefied petroleum gas, electricity,
hydrogen, or a blend at least 85 percent of which is methanol;
``(B) meet or exceed the standards set forth in section
86.1708-99 of such title or the standards set forth in section
89.112(a) of such title, and are in compliance with the
requirements of section 89.112(b) of such title; and
``(C) are located or primarily used at public-use airports;
``(3) the payment of that portion of the cost of acquiring
vehicles described in this subsection that exceeds the cost of
acquiring other vehicles or engines that would be used for the same
purpose; or
``(4) the acquisition of technological capital equipment to
enable the delivery of fuel and services necessary for the use of
vehicles described in paragraph (1).''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47136. Inherently low-emission airport vehicle pilot program.''.

3937e24101ecd1543e395b4ebae54cdef81d3e6d9f180dadfa91afcdb9973200

(a) In General.--Subchapter I of chapter 471 is further amended by
adding at the end the following:
``Sec. 47137. Airport security program
``(a) General Authority.--To improve security at public airports in
the United States, the Secretary of Transportation shall carry out not
less than one project to test and evaluate innovative aviation security
systems and related technology.
``(b) Priority.--In carrying out this section, the Secretary shall
give the highest priority to a request from an eligible sponsor for a
grant to undertake a project that--
``(1) evaluates and tests the benefits of innovative aviation
security systems or related technology, including explosives
detection systems, for the purpose of improving aviation and
aircraft physical security, access control, and passenger and
baggage screening; and
``(2) provides testing and evaluation of airport security
systems and technology in an operational, testbed environment.
``(c) Matching Share.--Notwithstanding section 47109, the United
States Government's share of allowable project costs for a project
under this section shall be 100 percent.
``(d) Terms and Conditions.--The Secretary may establish such terms
and conditions as the Secretary determines appropriate for carrying out
a project under this section, including terms and conditions relating
to the form and content of a proposal for a project, project
assurances, and schedule of payments.
``(e) Eligible Sponsor Defined.--In this section, the term
`eligible sponsor' means a nonprofit corporation composed of a
consortium of public and private persons, including a sponsor of a
primary airport, with the necessary engineering and technical expertise
to successfully conduct the testing and evaluation of airport and
aircraft related security systems.
``(f) Authorization of Appropriations.--Of the amounts made
available to the Secretary under section 47115 in a fiscal year, the
Secretary shall make available not less than $5,000,000 for the purpose
of carrying out this section.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 is further amended by adding at the end the following:
``47137. Airport security program.''.

5aadf0b0a62f9e5fed11156eaddef12b09e2ab5eeb74af3839f7e0d8971a9061

(a) Passenger Facility Fee Waiver for Certain Class of Carriers.--
Section 40117(e)(2) is amended--
(1) in subparagraph (B) by striking ``and'' at the end; and
(2) by adding at the end the following:
``(D) on flights, including flight segments, between 2 or more
points in Hawaii; and
``(E) in Alaska aboard an aircraft having a seating capacity of
less than 60 passengers.''.
(b) Passenger Facility Fee Waiver for Certain Class of Carriers or
for Service to Airports in Isolated Communities.--Section 40117 is
amended--
(1) in subsection (i)(1) by striking ``and'' at the end;
(2) in subsection (i)(2)(D) by striking the period at the end
and inserting ``; and'';
(3) by adding at the end of subsection (i) the following:
``(3) may permit an eligible agency to request that collection
of a passenger facility fee be waived for--
``(A) passengers enplaned by any class of air carrier or
foreign air carrier if the number of passengers enplaned by the
carriers in the class constitutes not more than one percent of
the total number of passengers enplaned annually at the airport
at which the fee is imposed; or
``(B) passengers enplaned on a flight to an airport--
``(i) that has fewer than 2,500 passenger boardings
each year and receives scheduled passenger service; or
``(ii) in a community which has a population of less
than 10,000 and is not connected by a land highway or
vehicular way to the land-connected National Highway System
within a State.''; and
(4) by adding at the end the following:
``(j) Limitation on Certain Actions.--A State, political
subdivision of a State, or authority of a State or political
subdivision that is not the eligible agency may not tax, regulate, or
prohibit or otherwise attempt to control in any manner, the imposition
or collection of a passenger facility fee or the use of the revenue
from the passenger facility fee.''.
(c) Continuation of Project Funding.--Section 47108 is amended by
adding at the end the following:
``(e) Change in Airport Status.--
``(1) Changes to nonprimary airport status.--If the status of a
primary airport changes to a nonprimary airport at a time when a
development project under a multiyear agreement under subsection
(a) is not yet completed, the project shall remain eligible for
funding from discretionary funds under section 47115 at the funding
level and under the terms provided by the agreement, subject to the
availability of funds.
``(2) Changes to noncommercial service airport status.--If the
status of a commercial service airport changes to a noncommercial
service airport at a time when a terminal development project under
a phased-funding arrangement is not yet completed, the project
shall remain eligible for funding from discretionary funds under
section 47115 at the funding level and under the terms provided by
the arrangement subject to the availability of funds.''.
(d) References to Gifts.--Chapter 471 is amended--
(1) in section 47151--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1) by striking
``give'' and inserting ``convey to''; and
(ii) in paragraph (2) by striking ``gift'' and
inserting ``conveyance'';
(B) in subsection (b)--
(i) by striking ``giving'' and inserting ``conveying'';
and
(ii) by striking ``gift'' and inserting ``conveyance'';
and
(C) in subsection (c)--
(i) in the subsection heading by striking ``Given'' and
inserting ``Conveyed''; and
(ii) by striking ``given'' and inserting ``conveyed'';
(2) in section 47152--
(A) in the section heading by striking ``gifts'' and
inserting ``conveyances''; and
(B) in the matter preceding paragraph (1) by striking
``gift'' and inserting ``conveyance'';
(3) in section 47153(a)(1)--
(A) by striking ``gift'' each place it appears and
inserting ``conveyance''; and
(B) by striking ``given'' and inserting ``conveyed''; and
(4) in the analysis for such chapter by striking the item
relating to section 47152 and inserting the following:
``47152. Terms of conveyances.''.

f6371af8f33768e33947b1fd3d0dff38d02030925ee5922e874a10d528770276

Section 47151 (as amended by section 125(c) of this Act) is further
amended by adding at the end the following:
``(e) Requests by Public Agencies.--Except with respect to a
request made by another department, agency, or instrumentality of the
executive branch of the United States Government, such a department,
agency, or instrumentality shall give priority consideration to a
request made by a public agency (as defined in section 47102) for
surplus property described in subsection (a) (other than real property
that is subject to section 2687 of title 10, section 201 of the Defense
Authorization Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note), or section 2905 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note)) for use at a public
airport.''.

24918c1c110536927165f52ae9a587b32553fa9be8d55d58c488bbf2cbd832fe

(a) Airport Improvement Policy.--Section 47101(a)(5) is amended to
read as follows:
``(5) to encourage the development of intermodal connections on
airport property between aeronautical and other transportation
modes and systems to serve air transportation passengers and cargo
efficiently and effectively and promote economic development;''.
(b) Airport Development Defined.--Section 47102(3) (as amended by
section 123(b)) is further amended by adding at the end the following:
``(I) constructing, reconstructing, or improving an
airport, or purchasing nonrevenue generating capital equipment
to be owned by an airport, for the purpose of transferring
passengers, cargo, or baggage between the aeronautical and
ground transportation modes on airport property.''.

7e48f97d6f99f089138bc89f4438d03b2c3acd32e406d702236a00d683ea0949

Section 47128(a) is amended by striking ``8 qualified States for
fiscal year 1997 and 9 qualified States for each fiscal year
thereafter'' and insert ``9 qualified States for fiscal years 2000 and
2001 and 10 qualified States for each fiscal year thereafter''.

c78278e952d4dff58ca982fd7abac3ad56df542b99f861ba106cd4b47eddcb44

(a) Pilot Program.--The Administrator may establish a pilot program
under which design-build contracts may be used to carry out up to 7
projects at airports in the United States with a grant awarded under
section 47104 of title 49, United States Code. A sponsor of an airport
may submit an application to the Administrator to carry out a project
otherwise eligible for assistance under chapter 471 of such title under
the pilot program.
(b) Use of Design-Build Contracts.--Under the pilot program, the
Administrator may approve an application of an airport sponsor under
this section to authorize the airport sponsor to award a design-build
contract using a selection process permitted under applicable State or
local law if--
(1) the Administrator approves the application using criteria
established by the Administrator;
(2) the design-build contract is in a form that is approved by
the Administrator;
(3) the Administrator is satisfied that the contract will be
executed pursuant to competitive procedures and contains a
schematic design adequate for the Administrator to approve the
grant;
(4) use of a design-build contract will be cost effective and
expedite the project;
(5) the Administrator is satisfied that there will be no
conflict of interest; and
(6) the Administrator is satisfied that the selection process
will be as open, fair, and objective as the competitive bid system
and that at least three or more bids will be submitted for each
project under the selection process.
(c) Reimbursement of Costs.--The Administrator may reimburse an
airport sponsor for design and construction costs incurred before a
grant is made pursuant to this section if the project is approved by
the Administrator in advance and is carried out in accordance with all
administrative and statutory requirements that would have been
applicable under chapter 471 of title 49, United States Code, if the
project were carried out after a grant agreement had been executed.
(d) Design-Build Contract Defined.--In this section, the term
``design-build contract'' means an agreement that provides for both
design and construction of a project by a contractor.
(e) Expiration of Authority.--The authority of the Administrator to
carry out the pilot program under this section shall expire on
September 30, 2003.
Subtitle C--Miscellaneous

a63d2c99b8c542299c51c6e4e0087f6d899d1e9d1e6abd02b66e8b333792f2bd

Section 40117(a) is amended to read as follows:
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Airport, commercial service airport, and public agency.--
The terms `airport', `commercial service airport', and `public
agency' have the meaning those terms have under section 47102.
``(2) Eligible agency.--The term `eligible agency' means a
public agency that controls a commercial service airport.
``(3) Eligible airport-related project.--The term `eligible
airport-related project' means any of the following projects:
``(A) A project for airport development or airport planning
under subchapter I of chapter 471.
``(B) A project for terminal development described in
section 47110(d).
``(C) A project for airport noise capability planning under
section 47505.
``(D) A project to carry out noise compatibility measures
eligible for assistance under section 47504, whether or not a
program for those measures has been approved under section
47504.
``(E) A project for constructing gates and related areas at
which passengers board or exit aircraft. In the case of a
project required to enable additional air service by an air
carrier with less than 50 percent of the annual passenger
boardings at an airport, the project for constructing gates and
related areas may include structural foundations and floor
systems, exterior building walls and load-bearing interior
columns or walls, windows, door and roof systems, building
utilities (including heating, air conditioning, ventilation,
plumbing, and electrical service), and aircraft fueling
facilities adjacent to the gate.
``(4) Passenger facility fee.--The term `passenger facility
fee' means a fee imposed under this section.
``(5) Passenger facility revenue.--The term `passenger facility
revenue' means revenue derived from a passenger facility fee.''.

8ef8874adb09a6c2b80ce505dd0d7460ef8dc2a8ac088744cc34d3bb1799fcb0

(a) With Respect to Passenger Facility Charges.--Section
40117(a)(3) is further amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) for costs of terminal development referred to in
subparagraph (B) incurred after August 1, 1986, at an airport
that did not have more than .25 percent of the total annual
passenger boardings in the United States in the most recent
calendar year for which data is available and at which total
passenger boardings declined by at least 16 percent between
calendar year 1989 and calendar year 1997;''.
(b) Nonprimary Commercial Service Airports.--Section 47119 is
amended by adding at the end the following:
``(d) Determination of Passenger Boarding at Commercial Service
Airports.--For the purpose of determining whether an amount may be
distributed for a fiscal year from the discretionary fund in accordance
with subsection (b)(2)(A) to a commercial service airport, the
Secretary shall make the determination of whether or not a public
airport is a commercial service airport on the basis of the number of
passenger boardings and type of air service at the public airport in
the calendar year that includes the first day of such fiscal year or
the preceding calendar year, whichever is more beneficial to the
airport.''.

4835f1aa853ae6f72abedbeb98f8440d906508c542a652a98930791247207d1b

Section 44502(a)(4)(B) is amended--
(1) by striking ``each of fiscal years 1995 and 1996'' and
inserting ``each of fiscal years 2000 through 2002''; and
(2) by inserting ``under new or existing contracts'' after
``including acquisition''.

49eef11ee6174901db21c99d48aadffba21fe5273ec5d56a709331c3a1488c2e

Section 47504(c) is amended by adding at the end the following:
``(6) Aircraft noise primarily caused by military aircraft.--
The Secretary may make a grant under this subsection for a project
even if the purpose of the project is to mitigate the effect of
noise primarily caused by military aircraft at an airport.''.

4e6db555359c255e9ad8e9b82773d959161b3b09fc1e2b2c164b5431f375c37e

(a) Findings.--The Congress makes the following findings:
(1) Major airports must be available on a reasonable basis to
all air carriers wishing to serve those airports.
(2) 15 large hub airports today are each dominated by one air
carrier, with each such carrier controlling more than 50 percent of
the traffic at the hub.
(3) The General Accounting Office has found that such levels of
concentration lead to higher air fares.
(4) The United States Government must take every step necessary
to reduce those levels of concentration.
(5) Consistent with air safety, spending at these airports must
be directed at providing opportunities for carriers wishing to
serve such facilities on a commercially viable basis.
(b) In General.--Section 47106 is amended by adding at the end the
following:
``(f) Competition Plans.--
``(1) Prohibition.--Beginning in fiscal year 2001, no passenger
facility fee may be approved for a covered airport under section
40117 and no grant may be made under this subchapter for a covered
airport unless the airport has submitted to the Secretary a written
competition plan in accordance with this subsection.
``(2) Contents.--A competition plan under this subsection shall
include information on the availability of airport gates and
related facilities, leasing and sub-leasing arrangements, gate-use
requirements, patterns of air service, gate-assignment policy,
financial constraints, airport controls over air- and ground-side
capacity, whether the airport intends to build or acquire gates
that would be used as common facilities, and airfare levels (as
compiled by the Department of Transportation) compared to other
large airports.
``(3) Covered airport defined.--In this subsection, the term
`covered airport' means a commercial service airport--
``(A) that has more than .25 percent of the total number of
passenger boardings each year at all such airports; and
``(B) at which one or two air carriers control more than 50
percent of the passenger boardings.''.
(c) Cross Reference.--Section 40117 (as amended by section 135(b)
of this Act) is further amended by adding at the end the following:
``(k) Competition Plans.--
``(1) In general.--Beginning in fiscal year 2001, no eligible
agency may impose a passenger facility fee under this section with
respect to a covered airport (as such term is defined in section
47106(f)) unless the agency has submitted to the Secretary a
written competition plan in accordance with such section. This
subsection does not apply to passenger facility fees in effect
before the date of the enactment of this subsection.
``(2) Secretary shall ensure implementation and compliance.--
The Secretary shall review any plan submitted under paragraph (1)
to ensure that it meets the requirements of this section, and shall
review its implementation from time-to-time to ensure that each
covered airport successfully implements its plan.''.
(d) Availability of Gates and Other Essential Services.--The
Secretary shall ensure that gates and other facilities are made
available at costs that are fair and reasonable to air carriers at
covered airports (as defined in section 47106(f)(4) of title 49, United
States Code) where a ``majority-in-interest clause'' of a contract or
other agreement or arrangement inhibits the ability of the local
airport authority to provide or build new gates or other facilities.

3102bf18ef5dba65c5606929ff60692fa024adc2b64fb90aaf64459a008848f9

(a) Application of FAA Regulations.--Section 40113 is amended by
adding at the end the following:
``(f) Application of Certain Regulations to Alaska.--In amending
title 14, Code of Federal Regulations, in a manner affecting intrastate
aviation in Alaska, the Administrator of the Federal Aviation
Administration shall consider the extent to which Alaska is not served
by transportation modes other than aviation, and shall establish such
regulatory distinctions as the Administrator considers appropriate.''.
(b) Mike-in-Hand Weather Observation.--The Administrator and the
Assistant Administrator of the National Weather Service, in
consultation with the National Transportation Safety Board and the
Governor of the State of Alaska, shall continue efforts to develop and
implement a ``mike-in-hand'' weather observation program in Alaska
under which Federal Aviation Administration employees, National Weather
Service employees, other Federal or State employees sited at an
airport, or persons contracted specifically for such purpose (including
part-time contract employees who are not sited at such airport), will
provide near-real time aviation weather information via radio and
otherwise to pilots who request such information.

2bd685d130895638e7d9680592bc69a10b5fe6e899e4635b98f316b56c666de5

(a) Study.--The Administrator shall conduct a study of the use of
recycled materials (including recycled pavements, waste materials, and
byproducts) in pavement used for runways, taxiways, and aprons and the
specification standards in tests necessary for the use of recycled
materials in such pavement. The primary focus of the study shall be on
the long-term physical performance, safety implications, and
environmental benefits of using recycled materials in aviation
pavement.
(b) Contracting.--The Administrator may carry out the study by
entering into a contract with a university of higher education with
expertise necessary to carry out the study.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator shall transmit to Congress a report on
the results of the study, together with recommendations concerning the
use of recycled materials in aviation pavement.
(d) Funding.--Of the amounts appropriated pursuant to section
106(k) of title 49, United States Code, not to exceed $1,500,000 may be
used to carry out this section.

e9e69fa42997f4344892fe133746b9629a6e79e75306904aa5543cd8c497ba28

Notwithstanding any provision of law that specifically restricts
the number of runways at a single international airport, the Secretary
may obligate funds made available under chapters 471 and 481 of title
49, United States Code, for any project to construct a new runway at
such airport, unless this section is expressly repealed.

ebf982230d653ac446c06e63e0e496240a309bc83d70fbd3d3e4124f3b8d90e7

(a) Timely Announcement.--The Secretary shall announce a grant to
be made with funds made available under section 48103 of title 49,
United States Code, in a timely fashion after receiving necessary
documentation concerning the grant from the Administrator.
(b) Notice to Committees.--If the Secretary provides any committee
of Congress advance notice of a grant to be made with funds made
available under section 48103 of title 49, United States Code, the
Secretary shall provide, on the same date, such notice to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.

ed42554c3c2d664cf514a165dd6b15eb8a9ca2893a148425acbb7a29bcc7c560

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

c0d1f4e0b84e34784fd5218aedf322937bb9e960009b8a947824b519aefad9ea

Not later than 9 months after the date of the enactment of this
Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on efforts by the Federal Aviation Administration to implement
capacity enhancements and improvements, both technical and procedural,
such as precision runway monitoring systems, and the timeframe for
implementation of such enhancements and improvements.

9e6993cb754d73d05467c08c2070f8e6dec7d7a2c5e3d538154df9627ba95785

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

f69dafddee45166f3f38fb2748810e96dd35cf82100ebf8658094e090a9f4c77

Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required
to be submitted under any of the following provisions of law:
(1) Section 44501 of title 49, United States Code.
(2) Section 47103 of such title.
(3) Section 47131 of such title.
Subtitle A--Small Communities

3b2ec487614595b061b779ff25647b2ad347d264bfbefae51a87eb12f1195ead

Section 40101(a) is amended by adding at the end the following:
``(16) ensuring that consumers in all regions of the United
States, including those in small communities and rural and remote
areas, have access to affordable, regularly scheduled air
service.''.

c686903172ce7d1e36718f14743e767aeeacb8814278d77cd8a4944784da922e

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.''.

b55c85070332180e47b47093c07607d63b0428148ebbde1cb8f3f3cd57939eea

SUFFICIENT SERVICE.
(a) In General.--Subchapter II of chapter 417 is amended by adding
at the end the following:
``Sec. 41743. Airports not receiving sufficient service
``(a) Small Community Air Service Development Pilot Program.--The
Secretary of Transportation shall establish a pilot
program that meets the requirements of this section for improving air
carrier service to airports not receiving sufficient air carrier
service.
``(b) Application Required.--In order to participate in the program
established under subsection (a), a community or consortium of
communities shall submit an application to the Secretary in such form,
at such time, and containing such information as the Secretary may
require, including--
``(1) an assessment of the need of the community or consortium
for access, or improved access, to the national air transportation
system; and
``(2) an analysis of the application of the criteria in
subsection (c) to that community or consortium.
``(c) Criteria for Participation.--In selecting communities, or
consortia of communities, for participation in the program established
under subsection (a), the Secretary shall apply the following criteria:
``(1) Size.--For calendar year 1997, the airport serving the
community or consortium was not larger than a small hub airport (as
that term is defined in section 41731(a)(5)), and--
``(A) had insufficient air carrier service; or
``(B) had unreasonably high air fares.
``(2) Characteristics.--The airport presents characteristics,
such as geographic diversity or unique circumstances, that will
demonstrate the need for, and feasibility of, the program
established under subsection (a).
``(3) State limit.--No more than four communities or consortia
of communities, or a combination thereof, may be located in the
same State.
``(4) Overall limit.--No more than 40 communities or consortia
of communities, or a combination thereof, may be selected to
participate in the program.
``(5) Priorities.--The Secretary shall give priority to
communities or consortia of communities where--
``(A) air fares are higher than the average air fares for
all communities;
``(B) the community or consortium will provide a portion of
the cost of the activity to be assisted under the program from
local sources other than airport revenues;
``(C) the community or consortium has established, or will
establish, a public-private partnership to facilitate air
carrier service to the public; and
``(D) the assistance will provide material benefits to a
broad segment of the travelling public, including business,
educational institutions, and other enterprises, whose access
to the national air transportation system is limited.
``(d) Types of Assistance.--The Secretary may use amounts made
available under this section--
``(1) to provide assistance to an air carrier to subsidize
service to and from an underserved airport for a period not to
exceed 3 years;
``(2) to provide assistance to an underserved airport to obtain
service to and from the underserved airport; and
``(3) to provide assistance to an underserved airport to
implement such other measures as the Secretary, in consultation
with such airport, considers appropriate to improve air service
both in terms of the cost of such service to consumers and the
availability of such service, including improving air service
through marketing and promotion of air service and enhanced
utilization of airport facilities.
``(e) Authority To Make Agreements.--
``(1) In general.--The Secretary may make agreements to provide
assistance under this section.
``(2) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary $20,000,000 for fiscal year 2001
and $27,500,000 for each of fiscal years 2002 and 2003 to carry out
this section. Such sums shall remain available until expended.
``(f) Additional Action.--Under the pilot program established under
subsection (a), the Secretary shall work with air carriers providing
service to participating communities and major air carriers (as defined
in section 41716(a)(2)) serving large hub airports (as defined in
section 41731(a)(3)) to facilitate joint-fare arrangements consistent
with normal industry practice.
``(g) Designation of Responsible Official.--The Secretary shall
designate an employee of the Department of Transportation--
``(1) to function as a facilitator between small communities
and air carriers;
``(2) to carry out this section;
``(3) to ensure that the Bureau of Transportation Statistics
collects data on passenger information to assess the service needs
of small communities;
``(4) to work with and coordinate efforts with other Federal,
State, and local agencies to increase the viability of service to
small communities and the creation of aviation development zones;
and
``(5) to provide policy recommendations to the Secretary and
Congress that will ensure that small communities have access to
quality, affordable air transportation services.
``(h) Air Service Development Zone.--The Secretary shall designate
an airport in the program as an Air Service Development Zone and work
with the community or consortium on means to attract business to the
area surrounding the airport, to develop land use options for the area,
and provide data, working with the Department of Commerce and other
agencies.''.
(b) Conforming Amendment.--The analysis for subchapter II of
chapter 417 is amended by adding at the end the following:
``41743. Airports not receiving sufficient service.''.

315c708901add866e2c4d12bfbda6e9fe1688bcdcb652954a432cca8d806141a

DOMINATED HUB AIRPORTS.
(a) In General.--Subchapter II of chapter 417 (as amended by
section 203 of this Act) is further amended by adding at the end the
following:
``Sec. 41744. Preservation of basic essential air service at single
carrier dominated hub airports
``(a) In General.--If the Secretary of Transportation determines
that extraordinary circumstances jeopardize the reliable performance of
essential air service under this subchapter from a subsidized essential
air service community to and from an essential airport facility, the
Secretary may require an air carrier that has more than 60 percent of
the total annual enplanements at the essential airport facility to take
action to enable another air carrier to provide reliable essential air
service to that community. Actions required by the Secretary under this
subsection may include interline agreements, ground services,
subleasing of gates, and the provision of any other service or facility
necessary for the performance of satisfactory essential air service to
that community.
``(b) Essential Airport Facility Defined.--In this section, the
term `essential airport facility' means a large hub airport (as defined
in section 41731) in the contiguous 48 States at which one air carrier
has more than 60 percent of the total annual enplanements at that
airport.''.
(b) Conforming Amendment.--The analysis for subchapter II of
chapter 417 is further amended by adding at the end the following:
``41744. Preservation of basic essential air service at single carrier
dominated hub airports.''.

57a05c3bb222e6a52cca11c207bdb315cb6761e670c372a7c424847d92418582

The Secretary may provide assistance under subchapter II of chapter
417 of title 49, United States Code, with respect to a place that is
located within 70 highway miles of a hub airport (as defined by section
41731 of such title) if the most commonly used highway route between
the place and the hub airport exceeds 70 miles.

6ab7b247430face6ebb68bf8db93eaa7a57a8011ed6cbabcac12f739cc50d83a

(a) In General.--The Secretary shall conduct an analysis of the
difficulties faced by many smaller communities in retaining essential
air service and shall develop a plan to facilitate the retention of
such service.
(b) Examination of North Dakota Communities.--In conducting the
analysis and developing the plan under subsection (a), the Secretary
shall pay particular attention to communities located in North Dakota.
(c) Report.--Not later than 60 days after the date of the enactment
of this section, the Secretary shall transmit to Congress a report
containing the analysis and plan described in subsection (a).

19d1bb311c30a4d1da646e3d3b8de7e105d594ad92b8fc1d43586eef5ca353a7

(a) Review of Marketing Practices That Adversely Affect Service to
Small or Medium Communities.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall review the marketing
practices of air carriers that may inhibit the availability of quality,
affordable air transportation services to small- and medium-sized
communities, including--
(1) marketing arrangements between airlines and travel agents;
(2) code-sharing partnerships;
(3) computer reservation system displays;
(4) gate arrangements at airports;
(5) exclusive dealing arrangements; and
(6) any other marketing practice that may have the same effect.
(b) Regulations.--If the Secretary finds, after conducting the
review, that marketing practices inhibit the availability of affordable
air transportation services to small- and medium-sized communities,
then, after public notice and an opportunity for comment, the Secretary
may issue regulations that address the problem or take other
appropriate action.
(c) Statutory Construction.--Nothing in this section expands the
authority or jurisdiction of the Secretary to issue regulations under
chapter 417 of title 49, United States Code, or under any other law.

787a7ef493ee8619c1c765db5719c079af9a59270ba7dd9875087cfb7d7a1f5a

Section 41731(a)(1) is amended--
(1) by inserting ``(i)'' after ``(A)'';
(2) by striking ``(B)'' and inserting ``(ii)'';
(3) by striking ``(C)'' and inserting ``(iii)'';
(4) by striking ``subchapter.'' and inserting ``subchapter;
or''; and
(5) by adding at the end the following:
``(B) determined, on or after October 1, 1988, and before
the date of the enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century, under this
subchapter by the Secretary to be eligible to receive
subsidized small community air service under section
41736(a).''.

99935a8de62da444d06eb50cec48d39bae5cfd8c0076990f68dbaf737b93742a

PROGRAM.
(a) Authorization of Appropriation.--Section 41742(a) is amended--
(1) by striking ``Out of'' and inserting the following:
``(1) Authorization.--Out of'';
(2) by adding at the end the following:
``(2) Additional funds.--In addition to amounts authorized
under paragraph (1), there is authorized to be appropriated
$15,000,000 for each fiscal year to carry out the essential air
service program under this subchapter.''; and
(3) by aligning paragraph (1) (as designated by paragraph (1)
of this subsection) with paragraph (2) (as added by paragraph (2)
of this subsection).
(b) Limitation on Adjustments to Levels of Service.--Section
41733(e) is amended by striking the period at the end and inserting ``,
to the extent such adjustments are to a level not less than the basic
essential air service level established under subsection (a) for the
airport that serves the community.''.
(c) Effect on Certain Orders.--All orders issued by the Secretary
after September 30, 1999, and before the date of the enactment of this
Act establishing, modifying, or revoking essential air service levels
shall be null and void beginning on the 90th day following such date of
enactment. During the 90-day period, the Secretary shall reconsider
such orders and shall issue new orders consistent with the amendments
made by this section.

b7bba8e23435a9d7328e59c03a0e2cdbf3528152a5dd102a6b70901b47b18188

(a) In General.--Chapter 417 is amended by adding at the end the
following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec. 41761. Purpose
``The purpose of this subchapter is to improve service by jet
aircraft to underserved markets by providing assistance, in the form of
Federal credit instruments, to commuter air carriers that purchase
regional jet aircraft for use in serving those markets.
``Sec. 41762. Definitions
``In this subchapter, the following definitions apply:
``(1) Air carrier.--The term `air carrier' means any air
carrier holding a certificate of public convenience and necessity
issued by the Secretary of Transportation under section 41102.
``(2) Aircraft purchase.--The term `aircraft purchase' means
the purchase of commercial transport aircraft, including spare
parts normally associated with the aircraft.
``(3) Capital reserve subsidy amount.--The term `capital
reserve subsidy amount' means the amount of budget authority
sufficient to cover estimated long-term cost to the United States
Government of a Federal credit instrument, calculated on a net
present value basis, excluding administrative costs and any
incidental effects on Government receipts or outlays in accordance
with provisions of the Federal Credit Reform Act of 1990 (2 U.S.C.
661 et seq.).
``(4) Commuter air carrier.--The term `commuter air carrier'
means an air carrier that primarily operates aircraft designed to
have a maximum passenger seating capacity of 75 or less in
accordance with published flight schedules.
``(5) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of credit
authorized to be made under this subchapter.
``(6) Financial obligation.--The term `financial obligation'
means any note, bond, debenture, or other debt obligation issued by
an obligor in connection with the financing of an aircraft
purchase, other than a Federal credit instrument.
``(7) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined by section 230.144A(a) of
title 17, Code of Federal Regulations (or any successor regulation)
known as Rule 144A(a) of the Security and Exchange Commission and
issued under the Security Act of 1933 (15 U.S.C. 77a et seq.)),
including--
``(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer; and
``(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
``(8) Line of credit.--The term `line of credit' means an
agreement entered into by the Secretary with an obligor under
section 41763(d) to provide a direct loan at a future date upon the
occurrence of certain events.
``(9) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary under section 41763(c)
to pay all or part of any of the principal of and interest on a
loan or other debt obligation issued by an obligor and funded by a
lender.
``(10) New entrant air carrier.--The term `new entrant air
carrier' means an air carrier that has been providing air
transportation according to a published schedule for less than 5
years, including any person that has received authority from the
Secretary to provide air transportation but is not providing air
transportation.
``(11) Nonhub airport.--The term `nonhub airport' means an
airport that each year has less than .05 percent of the total
annual boardings in the United States.
``(12) Obligor.--The term `obligor' means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation, partnership,
joint venture, trust, or governmental entity, agency, or
instrumentality.
``(13) Regional jet aircraft.--The term `regional jet aircraft'
means a civil aircraft--
``(A) powered by jet propulsion; and
``(B) designed to have a maximum passenger seating capacity
of not less than 30 nor more than 75.
``(14) Secured loan.--The term `secured loan' means a direct
loan funded by the Secretary in connection with the financing of an
aircraft purchase under section 41763(b).
``(15) Small hub airport.--The term `small hub airport' means
an airport that each year has at least .05 percent, but less than
.25 percent, of the total annual boardings in the United States.
``(16) Underserved market.--The term `underserved market' means
a passenger air transportation market (as defined by the Secretary)
that--
``(A) is served (as determined by the Secretary) by a
nonhub airport or a small hub airport;
``(B) is not within a 40-mile radius of an airport that
each year has at least .25 percent of the total annual
boardings in the United States; and
``(C) the Secretary determines does not have sufficient air
service.
``Sec. 41763. Federal credit instruments
``(a) In General.--Subject to this section and section 41766, the
Secretary of Transportation may enter into agreements with one or more
obligors to make available Federal credit instruments, the proceeds of
which shall be used to finance aircraft purchases.
``(b) Secured Loans.--
``(1) Terms and limitations.--
``(A) In general.--A secured loan under this section with
respect to an aircraft purchase shall be on such terms and
conditions and contain such covenants, representatives,
warranties, and requirements (including requirements for
audits) as the Secretary determines appropriate.
``(B) Maximum amount.--No secured loan may be made under
this section--
``(i) that extends to more than 50 percent of the
purchase price (including the value of any manufacturer
credits, post-purchase options, or other discounts) of the
aircraft, including spare parts, to be purchased; or
``(ii) that, when added to the remaining balance on any
other Federal credit instruments made under this
subchapter, provides more than $100,000,000 of outstanding
credit to any single obligor.
``(C) Final payment date.--The final payment on the secured
loan shall not be due later than 18 years after the date of
execution of the loan agreement.
``(D) Subordination.--The secured loan may be subordinate
to claims of other holders of obligations in the event of
bankruptcy, insolvency, or liquidation of the obligor as
determined appropriate by the Secretary.
``(E) Fees.--The Secretary, subject to appropriations, may
establish fees at a level sufficient to cover all or a portion
of the administrative costs to the United States Government of
making a secured loan under this section. The proceeds of such
fees shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be available upon
deposit until expended.
``(2) Repayment.--
``(A) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on the
projected cash flow from aircraft revenues and other repayment
sources.
``(B) Commencement.--Scheduled loan repayments of principal
and interest on a secured loan under this section shall
commence no later than 3 years after the date of execution of
the loan agreement.
``(3) Prepayment.--
``(A) Use of excess revenue.--After satisfying scheduled
debt service requirements on all financial obligations and
secured loans and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar agreement
securing financial obligations, the secured loan may be prepaid
at anytime without penalty.
``(B) Use of proceeds of refinancing.--The secured loan may
be prepaid at any time without penalty from proceeds of
refinancing from non-Federal funding sources.
``(c) Loan Guarantees.--
``(1) In general.--A loan guarantee under this section with
respect to a loan made for an aircraft purchase shall be made in
such form and on such terms and conditions and contain such
covenants, representatives, warranties, and requirements (including
requirements for audits) as the Secretary determines appropriate.
``(2) Maximum amount.--No loan guarantee shall be made under
this section--
``(A) that extends to more than the unpaid interest and 50
percent of the unpaid principal on any loan;
``(B) that, for any loan or combination of loans, extends
to more than 50 percent of the purchase price (including the
value of any manufacturer credits, post-purchase options, or
other discounts) of the aircraft, including spare parts, to be
purchased with the loan or loan combination;
``(C) on any loan with respect to which terms permit
repayment more than 15 years after the date of execution of the
loan; or
``(D) that, when added to the remaining balance on any
other Federal credit instruments made under this subchapter,
provides more than $100,000,000 of outstanding credit to any
single obligor.
``(3) Fees.--The Secretary, subject to appropriations, may
establish fees at a level sufficient to cover all or a portion of
the administrative costs to the United States Government of making
a loan guarantee under this section. The proceeds of such fees
shall be deposited in an account to be used by the Secretary for
the purpose of administering the program established under this
subchapter and shall be available upon deposit until expended.
``(d) Lines of Credit.--
``(1) In general.--Subject to the requirements of this
subsection, the Secretary may enter into agreements to make
available lines of credit to one or more obligors in the form of
direct loans to be made by the Secretary at future dates on the
occurrence of certain events for any aircraft purchase selected
under this section.
``(2) Terms and limitations.--
``(A) In general.--A line of credit under this subsection
with respect to an aircraft purchase shall be on such terms and
conditions and contain such covenants, representatives,
warranties, and requirements (including requirements for
audits) as the Secretary determines appropriate.
``(B) Maximum amount.--
``(i) Total amount.--The amount of any line of credit
shall not exceed 50 percent of the purchase price
(including the value of any manufacturer credits, post-
purchase options, or other discounts) of the aircraft,
including spare parts.
``(ii) 1-year draws.--The amount drawn in any year
shall not exceed 20 percent of the total amount of the line
of credit.
``(C) Draws.--Any draw on the line of credit shall
represent a direct loan.
``(D) Period of availability.--The line of credit shall be
available not more than 5 years after the aircraft purchase
date.
``(E) Rights of third-party creditors.--
``(i) Against united states government.--A third-party
creditor of the obligor shall not have any right against
the United States Government with respect to any draw on
the line of credit.
``(ii) Assignment.--An obligor may assign the line of
credit to one or more lenders or to a trustee on the
lender's behalf.
``(F) Subordination.--A direct loan under this subsection
may be subordinate to claims of other holders of obligations in
the event of bankruptcy, insolvency, or liquidation of the
obligor as determined appropriate by the Secretary.
``(G) Fees.--The Secretary, subject to appropriations, may
establish fees at a level sufficient to cover all of a portion
of the administrative costs to the United States Government of
providing a line of credit under this subsection. The proceeds
of such fees shall be deposited in an account to be used by the
Secretary for the purpose of administering the program
established under this subchapter and shall be available upon
deposit until expended.
``(3) Repayment.--
``(A) Schedule.--The Secretary shall establish a repayment
schedule for each direct loan under this subsection.
``(B) Commencement.--Scheduled loan repayments of principal
or interest on a direct loan under this subsection shall
commence no later than 3 years after the date of the first draw
on the line of credit and shall be repaid, with interest, not
later than 18 years after the date of the first draw.
``(e) Risk Assessment.--Before entering into an agreement under
this section to make available a Federal credit instrument, the
Secretary, in consultation with the Director of the Office of
Management and Budget, shall determine an appropriate capital reserve
subsidy amount for the Federal credit instrument based on such credit
evaluations as the Secretary deems necessary.
``(f) Conditions.--Subject to subsection (h), the Secretary may
only make a Federal credit instrument available under this section if
the Secretary finds that--
``(1) the aircraft to be purchased with the Federal credit
instrument is a regional jet aircraft needed to improve the service
and efficiency of operation of a commuter air carrier or new
entrant air carrier;
``(2) the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the carrier
to use the aircraft to provide service to underserved markets; and
``(3) the prospective earning power of the commuter air carrier
or new entrant air carrier, together with the character and value
of the security pledged, including the collateral value of the
aircraft being acquired and any other assets or pledges used to
secure the Federal credit instrument, furnish--
``(A) reasonable assurances of the air carrier's ability
and intention to repay the Federal credit instrument within the
terms established by the Secretary--
``(i) to continue its operations as an air carrier; and
``(ii) to the extent that the Secretary determines to
be necessary, to continue its operations as an air carrier
between the same route or routes being operated by the air
carrier at the time of the issuance of the Federal credit
instrument; and
``(B) reasonable protection to the United States.
``(g) Limitation on Combined Amount of Federal Credit
Instruments.--The Secretary shall not allow the combined amount of
Federal credit instruments available for any aircraft purchase under
this section to exceed--
``(1) 50 percent of the cost of the aircraft purchase; or
``(2) $100,000,000 for any single obligor.
``(h) Requirement.--Subject to subsection (i), no Federal credit
instrument may be made under this section for the purchase of any
regional jet aircraft that does not comply with the stage 3 noise
levels of part 36 of title 14 of the Code of Federal Regulations, as in
effect on January 1, 1999.
``(i) Other Limitations.--No Federal credit instrument shall be
made by the Secretary under this section for the purchase of a regional
jet aircraft unless the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the carrier to
provide scheduled passenger air transportation to the underserved
market for which the aircraft is purchased for a period of not less
than 36 consecutive months after the date that aircraft is placed in
service.
``Sec. 41764. Use of Federal facilities and assistance
``(a) Use of Federal Facilities.--To permit the Secretary of
Transportation to make use of such expert advice and services as the
Secretary may require in carrying out this subchapter, the Secretary
may use available services and facilities of other agencies and
instrumentalities of the United States Government--
``(1) with the consent of the appropriate Federal officials;
and
``(2) on a reimbursable basis.
``(b) Assistance.--The head of each appropriate department or
agency of the United States Government shall exercise the duties and
powers of that head in such manner as to assist in carrying out the
policy specified in section 41761.
``(c) Oversight.--The Secretary shall make available to the
Comptroller General of the United States such information with respect
to any Federal credit instrument made under this subchapter as the
Comptroller General may require to carry out the duties of the
Comptroller General under chapter 7 of title 31, United States Code.
``Sec. 41765. Administrative expenses
``In carrying out this subchapter, the Secretary shall use funds
made available by appropriations to the Department of Transportation
for the purpose of administration, in addition to the proceeds of any
fees collected under this subchapter, to cover administrative expenses
of the Federal credit instrument program under this subchapter.
``Sec. 41766. Funding
``Of the amounts appropriated under section 106(k) for each of
fiscal years 2001 through 2003, such sums as may be necessary may be
used to carry out this subchapter, including administrative expenses.
``Sec. 41767. Termination
``(a) Authority To Issue Federal Credit Instruments.--The authority
of the Secretary of Transportation to issue Federal credit instruments
under section 41763 shall terminate on the date that is 5 years after
the date of the enactment of this subchapter.
``(b) Continuation of Authority To Administer Program for Existing
Federal Credit Instruments.--On and after the termination date, the
Secretary shall continue to administer the program established under
this subchapter for Federal credit instruments issued under this
subchapter before the termination date until all obligations associated
with such instruments have been satisfied.''.
(b) Conforming Amendment.--The analysis for chapter 417 is amended
by adding at the end the following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Federal credit instruments.
``41764. Use of Federal facilities and assistance.
``41765. Administrative expenses.
``41766. Funding.
``41767. Termination.''.
Subtitle B--Airline Customer Service

fd10fc031e86277b35f5d2ddff59c5b7be994c34fd63750cfea0518abd7442b4

Section 41712 is amended--
(1) by inserting ``(a) In General.--'' before ``On''; and
(2) by adding at the end the following:
``(b) E-Ticket Expiration Notice.--It shall be an unfair or
deceptive practice under subsection (a) for any air carrier, foreign
air carrier, or ticket agent utilizing electronically transmitted
tickets for air transportation to fail to notify the purchaser of such
a ticket of its expiration date, if any.''.

da51a62a5228c2d320b612a7d6a6c774e2d959a6220e6ed456066027aa71578b

PROTECTION LAWS.
(a) In General.--Section 46301(a) is amended by adding at the end
the following:
``(7) Consumer protection.--Notwithstanding paragraphs (1) and
(4), the maximum civil penalty for violating section 40127 or 41712
(including a regulation prescribed or order issued under such
section) or any other regulation prescribed by the Secretary that
is intended to afford consumer protection to commercial air
transportation passengers, shall be $2,500 for each violation.''.
(b) Technical Amendment.--Paragraph (6) of section 46301(a) is
amended--
(1) by inserting ``Air service termination notice.--'' before
``Notwithstanding''; and
(2) by aligning the left margin of such paragraph with
paragraph (5) of such section.

596fe9cc331a7b11dc1186f7706e1b967465037ef77455cdd21055d033a14375

There are authorized to be appropriated to the Secretary for the
purpose of ensuring compliance with, and enforcing, the rights of air
travelers under sections 40127, 41705, and 41712 of title 49, United
States Code--
(1) $2,300,000 for fiscal year 2000;
(2) $2,415,000 for fiscal year 2001;
(3) $2,535,750 for fiscal year 2002; and
(4) $2,662,500 for fiscal year 2003.

c6477eff479089d4b8668b3559f899bcbc8669f6985e1f7733adf119cc4dd65a

(a) Secretary To Report Plans Received.--Not later than September
15, 1999, each air carrier that provides scheduled passenger air
transportation and that is a member of the Air Transport Association,
all of which have entered into the voluntary customer service
commitments established by the Association on June 17, 1999 (in this
section referred to as the ``Airline Customer Service Commitment''),
shall provide a copy of its individual customer service plan to the
Secretary. Upon receipt of each individual plan, the Secretary shall
transmit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives notice of receipt of the plan, together
with a copy of the plan.
(b) Implementation.--The Inspector General of the Department of
Transportation shall monitor the implementation of any plan submitted
by an air carrier to the Secretary under subsection (a) and evaluate
the extent to which the carrier has met its commitments under its plan.
The carrier shall provide such information to the Inspector General as
may be necessary for the Inspector General to prepare the report
required by subsection (c).
(c) Reports to Congress.--
(1) Interim report.--
(A) In general.--Not later than June 15, 2000, the
Inspector General shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the Inspector General's
findings under subsection (b).
(B) Contents.--The report shall include a status report on
completion, publication, and implementation of the Airline
Customer Service Commitment and the individual air carrier's
plans to carry it out. The report shall also include a review
of whether each air carrier described in subsection (a) has
modified its contract of carriage or conditions of contract to
reflect each item of the Airline Customer Service Commitment.
(2) Final report; recommendations.--
(A) In general.--Not later than December 31, 2000, the
Inspector General shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a final report on the effectiveness of the
Airline Customer Service Commitment and the individual air
carrier plans to carry it out, including recommendations for
improving accountability, enforcement, and consumer protections
afforded to commercial air passengers.
(B) Specific content.--In the final report under
subparagraph (A), the Inspector General shall include the
following:
(i) An evaluation of each carrier's plan as to whether
it is consistent with the voluntary commitments established
by the Air Transport Association in the Airline Customer
Service Commitment.
(ii) An evaluation of each carrier as to the extent to
which, and the manner in which, it has performed in
carrying out its plan.
(iii) A description, by air carrier, of how the air
carrier has implemented each commitment covered by its
plan.
(iv) An analysis, by air carrier, of the methods of
meeting each such commitment and, in such analysis, provide
information that allows consumers to make decisions on the
quality of air transportation provided by such carriers.
(v) A comparison of each air carrier's plan and the
implementation of that plan with the customer service
provided by a representative sampling of other air carriers
providing scheduled passenger air transportation with
aircraft similar in size to the aircraft used by the
carrier that submitted a plan so as to allow consumers to
make decisions as to the relative quality of air
transportation provided by each group of carriers. In
making this comparison, the Inspector General shall give
due regard to the differences in the fares charged and the
size of the air carriers being compared.

d8ab83512f8fd6060d4baeaee317d3fcc0cc3564f19fe4daa18ebafbe37b5d94

Not later than 30 days after the date of the enactment of this Act,
the Secretary shall initiate a rulemaking to increase the domestic
baggage liability limit in part 254 of title 14, Code of Federal
Regulations.

fcc82f2302dc09907fc575f0fb4b5f5fed6960bae5f15130dbd121011497c1d2

(a) Study.--The Comptroller General shall conduct a study on the
potential effects on aviation consumers, including the impact on fares
and service to small communities, of a requirement that air carriers
permit a ticketed passenger to use any portion of a multiple-stop or
round-trip air fare for transportation independent of any other portion
without penalty.
(b) Report.--Not later than June 15, 2000, the Comptroller General
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the results
of the study.

a27940c6526869d36f70d2f0703b04f67657e1277dd469dddb04e1ae7d9a42fb

(a) Modification of Reports.--In consultation with the task force
to be established under subsection (b), the Secretary shall modify the
regulations in part 234 of title 14, Code of Federal Regulations,
relating to airline service quality performance reports, to disclose
more fully to the public the nature and source of delays and
cancellations experienced by air travelers.
(b) Task Force.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall establish a task force
including officials of the Federal Aviation Administration and
representatives of airline consumers and air carriers to develop
alternatives and criteria for the modifications to be made under
subsection (a).
(c) Use of Categories.--In making modifications under subsection
(a), the Secretary shall--
(1) establish categories that reflect the reasons for delays
and cancellations experienced by air travelers;
(2) require air carriers to use such categories in submitting
information to be included in airline service quality performance
reports; and
(3) use such categories in reports of the Department of
Transportation on information received in airline service quality
performance reports.

aba7a8e62d4b774d4a1dee1a8ce6da2073f00747cb3041e8e63f274308a9b10e

IN THE AIRLINE INDUSTRY.
(a) Establishment.--There is established a commission to be known
as the ``National Commission to Ensure Consumer Information and Choice
in the Airline Industry'' (in this section referred to as the
``Commission'').
(b) Duties.--
(1) Study.--The Commission shall undertake a study of--
(A) whether the financial condition of travel agents is
declining and, if so, the effect that this will have on
consumers; and
(B) whether there are impediments to information regarding
the services and products offered by the airline industry and,
if so, the effects of those impediments on travel agents,
Internet-based distributors, and consumers.
(2) Small travel agents.--In conducting the study, the
Commission shall pay special attention to the condition of travel
agencies with $1,000,000 or less in annual revenues.
(c) Recommendations.--Based on the results of the study under
subsection (b), the Commission shall make such recommendations as it
considers necessary to improve the condition of travel agents,
especially travel agents described in subsection (b)(2), and to improve
consumer access to travel information.
(d) Membership.--
(1) Appointment.--The Commission shall be composed of nine
members as follows:
(A) Three members appointed by the Secretary.
(B) Two members appointed by the Speaker of the House of
Representatives.
(C) One member appointed by the minority leader of the
House of Representatives.
(D) Two members appointed by the majority leader of the
Senate.
(E) One member appointed by the minority leader of the
Senate.
(2) Qualifications.--Of the members appointed by the Secretary
under paragraph (1)(A)--
(A) one member shall be a representative of the travel
agent industry;
(B) one member shall be a representative of the airline
industry; and
(C) one member shall be an individual who is not a
representative of either of the industries referred to in
subparagraphs (A) and (B).
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but shall
receive travel expenses, including per diem in lieu of subsistence,
in accordance with subchapter I of chapter 57 of title 5, United
States Code.
(6) Chairperson.--The member appointed by the Secretary of
Transportation under paragraph (2)(C) shall serve as the
Chairperson of the Commission (referred to in this section as the
``Chairperson'').
(e) Commission Panels.--The Chairperson shall establish such panels
consisting of members of the Commission as the Chairperson determines
appropriate to carry out the functions of the Commission.
(f) Staff.--The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
(g) Staff of Federal Agencies.--Upon request of the Commission, the
head of any department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
section.
(h) Other Staff and Support.--Upon the request of the Commission,
or a panel of the Commission, the Secretary of Transportation shall
provide the Commission or panel with professional and administrative
staff and other support, on a reimbursable basis, to assist the
Commission or panel in carrying out its responsibilities.
(i) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information (other
than information required by any statute of the United States to be
kept confidential by such department or agency) necessary for the
Commission to carry out its duties under this section. Upon request of
the Commission, the head of that department or agency shall furnish
such nonconfidential information to the Commission.
(j) Report.--Not later than 6 months after the date on which
initial appointments of members to the Commission are completed, the
Commission shall transmit to the President and Congress a report on the
activities of the Commission, including recommendations made by the
Commission under subsection (c).
(k) Termination.--The Commission shall terminate on the 30th day
following the date of transmittal of the report under subsection (j).
(l) Applicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
Subtitle C--Competition

c2117b1d0694908995661d7f501f46d2a479ee94a1d6c1163fcbdfe5e5d091a5

b4847aced8452c48dfa2ddc4670e10dfed7aeb201a0e74886ec6bedb13f9f622

Section 40102(a) is amended by adding at the end the following:
``(42) `air traffic control system' means the combination of
elements used to safely and efficiently monitor, direct, control,
and guide aircraft in the United States and United States-assigned
airspace, including--
``(A) allocated electromagnetic spectrum and physical,
real, personal, and intellectual property assets making up
facilities, equipment, and systems employed to detect, track,
and guide aircraft movement;
``(B) laws, regulations, orders, directives, agreements,
and licenses;
``(C) published procedures that explain required actions,
activities, and techniques used to ensure adequate aircraft
separation; and
``(D) trained personnel with specific technical
capabilities to satisfy the operational, engineering,
management, and planning requirements for air traffic
control.''.

47999fa0c21382de0eb6f57321847dadc0473ba2d050f3677cfbe1bc77649b43

(a) Aviation Management Advisory Council.--
(1) Membership.--Section 106(p)(2) is amended--
(A) by striking ``and'' at the end of subparagraph (B); and
(B) by striking subparagraph (C) and inserting the
following:
``(C) 10 members representing aviation interests, appointed
by--
``(i) in the case of initial appointments to the
Council, the President by and with the advice and consent
of the Senate; and
``(ii) in the case of subsequent appointments to the
Council, the Secretary of Transportation;
``(D) 1 member appointed, from among individuals who are
the leaders of their respective unions of air traffic control
system employees, by--
``(i) in the case of initial appointments to the
Council, the President by and with the advice and consent
of the Senate; and
``(ii) in the case of subsequent appointments to the
Council, the Secretary of Transportation; and
``(E) 5 members appointed by the Secretary after
consultation with the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.''.
(2) Qualifications.--Section 106(p)(3) is amended--
(A) by inserting ``(A) No federal officer or employee.--''
before ``No member'';
(B) by inserting ``or (2)(E)'' after ``paragraph (2)(C)'';
(C) by adding at the end the following:
``(B) Air traffic services subcommittee.--Members appointed
under paragraph (2)(E) shall--
``(i) have a fiduciary responsibility to represent the
public interest;
``(ii) be citizens of the United States; and
``(iii) be appointed without regard to political
affiliation and solely on the basis of their professional
experience and expertise in one or more of the following
areas:
``(I) Management of large service organizations.
``(II) Customer service.
``(III) Management of large procurements.
``(IV) Information and communications technology.
``(V) Organizational development.
``(VI) Labor relations.
At least one of such members should have a background in
managing large organizations successfully. In the aggregate,
such members should collectively bring to bear expertise in all
of the areas described in subclauses (I) through (VI).
``(C) Prohibitions on members of subcommittee.--No member
appointed under paragraph (2)(E) may--
``(i) have a pecuniary interest in, or own stock in or
bonds of, an aviation or aeronautical enterprise, except an
interest in a diversified mutual fund or an interest that
is exempt from the application of section 208 of title 18;
``(ii) engage in another business related to aviation
or aeronautics; or
``(iii) be a member of any organization that engages,
as a substantial part of its activities, in activities to
influence aviation-related legislation.''; and
(D) by indenting subparagraph (A) (as designated by
subparagraph (A) of this paragraph) and aligning it with
subparagraph (B) of such section (as added by subparagraph (C)
of this paragraph).
(b) Terms of Members.--Section 106(p)(6) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (J), (K), and (L), respectively; and
(2) by striking subparagraph (A) and inserting the following:
``(A) Terms of members appointed under paragraph (2)(c).--
Members of the Council appointed under paragraph (2)(C) shall
be appointed for a term of 3 years. Of the members first
appointed by the President under paragraph (2)(C)--
``(i) 3 shall be appointed for terms of 1 year;
``(ii) 4 shall be appointed for terms of 2 years; and
``(iii) 3 shall be appointed for terms of 3 years.
``(B) Term for air traffic control representative.--The
member appointed under paragraph (2)(D) shall be appointed for
a term of 3 years, except that the term of such individual
shall end whenever the individual no longer meets the
requirements of paragraph (2)(D).
``(C) Terms for air traffic services subcommittee
members.--The member appointed under paragraph (2)(E) shall be
appointed for a term of 5 years, except that of the members
first appointed under paragraph (2)(E)--
``(i) 2 members shall be appointed for a term of 3
years;
``(ii) 2 members shall be appointed for a term of 4
years; and
``(iii) 1 member shall be appointed for a term of 5
years.
``(D) Reappointment.--An individual may not be appointed
under paragraph (2)(E) to more than two 5-year terms.
``(E) Vacancy.--Any vacancy on the Council shall be filled
in the same manner as the original appointment, except that any
vacancy caused by a member appointed by the President under
paragraph (2)(C)(i) shall be filled by the Secretary in
accordance with paragraph (2)(C)(ii). Any member appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
for the remainder of that term.
``(F) Continuation in office.--A member whose term expires
shall continue to serve until the date on which the member's
successor takes office.
``(G) Removal.--Any member of the Council appointed under
paragraph (2)(D) may be removed for cause by the President or
Secretary whoever makes the appointment. Any member of the
Council appointed under paragraph (2)(E) may be removed for
cause by the Secretary.
``(H) Claims against members of subcommittee.--
``(i) In general.--A member appointed under paragraph
(2)(E) shall have no personal liability under Federal law
with respect to any claim arising out of or resulting from
an act or omission by such member within the scope of
service as a member of the Air Traffic Services
Subcommittee.
``(ii) Effect on other law.--This subparagraph shall
not be construed--
``(I) to affect any other immunity or protection
that may be available to a member of the Subcommittee
under applicable law with respect to such transactions;
``(II) to affect any other right or remedy against
the United States under applicable law; or
``(III) to limit or alter in any way the immunities
that are available under applicable law for Federal
officers and employees.
``(I) Ethical considerations.--
``(i) Financial disclosure.--During the entire period
that an individual appointed under paragraph (2)(E) is a
member of the Subcommittee, such individual shall be
treated as serving as an officer or employee referred to in
section 101(f) of the Ethics in Government Act of 1978 for
purposes of title I of such Act; except that section 101(d)
of such Act shall apply without regard to the number of
days of service in the position.
``(ii) Restrictions on post-employment.--For purposes
of section 207(c) of title 18, an individual appointed
under paragraph (2)(E) shall be treated as an employee
referred to in section 207(c)(2)(A)(i) of such title during
the entire period the individual is a member of the
Subcommittee; except that subsections (c)(2)(B) and (f) of
section 207 of such title shall not apply.''.
(c) Air Traffic Services Subcommittee.--Section 106(p) is amended
by adding at the end the following:
``(7) Air traffic services subcommittee.--
``(A) In general.--The Management Advisory Council shall
have an air traffic services subcommittee (in this paragraph
referred to as the `Subcommittee') composed of the five members
appointed under paragraph (2)(E).
``(B) General responsibilities.--
``(i) Oversight.--The Subcommittee shall oversee the
administration, management, conduct, direction, and
supervision of the air traffic control system.
``(ii) Confidentiality.--The Subcommittee shall ensure
that appropriate confidentiality is maintained in the
exercise of its duties.
``(C) Specific responsibilities.--The Subcommittee shall
have the following specific responsibilities:
``(i) Strategic plans.--To review, approve, and monitor
the strategic plan for the air traffic control system,
including the establishment of--
``(I) a mission and objectives;
``(II) standards of performance relative to such
mission and objectives, including safety, efficiency,
and productivity; and
``(III) annual and long-range strategic plans.
``(ii) Modernization and improvement.--To review and
approve--
``(I) methods to accelerate air traffic control
modernization and improvements in aviation safety
related to air traffic control; and
``(II) procurements of air traffic control
equipment in excess of $100,000,000.
``(iii) Operational plans.--To review the operational
functions of the air traffic control system, including--
``(I) plans for modernization of the air traffic
control system;
``(II) plans for increasing productivity or
implementing cost-saving measures; and
``(III) plans for training and education.
``(iv) Management.--To--
``(I) review and approve the Administrator's
appointment of a Chief Operating Officer under section
106(r);
``(II) review the Administrator's selection,
evaluation, and compensation of senior executives of
the Administration who have program management
responsibility over significant functions of the air
traffic control system;
``(III) review and approve the Administrator's
plans for any major reorganization of the
Administration that would impact on the management of
the air traffic control system;
``(IV) review and approve the Administrator's cost
accounting and financial management structure and
technologies to help ensure efficient and cost-
effective air traffic control operation; and
``(V) review the performance and compensation of
managers responsible for major acquisition projects,
including the ability of the managers to meet schedule
and budget targets.
``(v) Budget.--To--
``(I) review and approve the budget request of the
Administration related to the air traffic control
system prepared by the Administrator;
``(II) submit such budget request to the Secretary;
and
``(III) ensure that the budget request supports the
annual and long-range strategic plans.
The Secretary shall submit the budget request referred to in
clause (v)(II) for any fiscal year to the President who shall
transmit such request, without revision, to the Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives and the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate,
together with the President's annual budget request for the
Federal Aviation Administration for such fiscal year.
``(D) Subcommittee personnel matters.--
``(i) Compensation of members.--Each member of the
Subcommittee shall be compensated at a rate of $25,000 per
year.
``(ii) Compensation of chairperson.--Notwithstanding
clause (i), the chairperson of the Subcommittee shall be
compensated at a rate of $40,000 per year.
``(iii) Staff.--The chairperson of the Subcommittee may
appoint and terminate any personnel that may be necessary
to enable the Subcommittee to perform its duties.
``(iv) Procurement of temporary and intermittent
services.--The chairperson of the Subcommittee may procure
temporary and intermittent services under section 3109(b)
of title 5, United States Code.
``(E) Administrative matters.--
``(i) Term of chair.--The members of the Subcommittee
shall elect for a 2-year term a chairperson from among the
members of the Subcommittee.
``(ii) Powers of chair.--Except as otherwise provided
by a majority vote of the Subcommittee, the powers of the
chairperson shall include--
``(I) establishing committees;
``(II) setting meeting places and times;
``(III) establishing meeting agendas; and
``(IV) developing rules for the conduct of
business.
``(iii) Meetings.--The Subcommittee shall meet at least
quarterly and at such other times as the chairperson
determines appropriate.
``(iv) Quorum.--Three members of the Subcommittee shall
constitute a quorum. A majority of members present and
voting shall be required for the Subcommittee to take
action.
``(F) Reports.--
``(i) Annual.--The Subcommittee shall each year report
with respect to the conduct of its responsibilities under
this title to the Administrator, the Council, the Committee
on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate.
``(ii) Additional report.--If a determination by the
Subcommittee under subparagraph (B)(i) that the
organization and operation of the air traffic control
system are not allowing the Administration to carry out its
mission, the Subcommittee shall report such determination
to the Administrator, the Council, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate.
``(iii) Action of administrator on report.--Not later
than 60 days after the date of a report of the Subcommittee
under this subparagraph, the Administrator shall take
action with respect to such report. If the Administrator
overturns a recommendation of the Subcommittee, the
Administrator shall report such action to the President,
the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
``(iv) Comptroller general's report.--Not later than
April 30, 2003, the Comptroller General of the United
States shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the success of the Subcommittee in
improving the performance of the air traffic control
system.
``(8) Air traffic control system defined.--In this section, the
term `air traffic control system' has the meaning such term has
under section 40102(a).''.
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(2) Initial nominations to air traffic services subcommittee.--
The Secretary shall make the initial appointments of the Air
Traffic Services Subcommittee of the Aviation Management Advisory
Council not later than 3 months after the date of the enactment of
this Act.
(3) Effect on actions prior to appointment of subcommittee.--
Nothing in this section shall be construed to invalidate the
actions and authority of the Federal Aviation Administration prior
to the appointment of the members of the Air Traffic Services
Subcommittee.

29d0cd02fd0c6c33807c40083bae90ceb98fb586c908b08dfb4e54464e64c492

Section 106 is amended by adding at the end the following:
``(r) Chief Operating Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief Operating
Officer for the air traffic control system to be appointed by
the Administrator, with the approval of the Air Traffic
Services Subcommittee of the Aviation Management Advisory
Council. The Chief Operating Officer shall report directly to
the Administrator and shall be subject to the authority of the
Administrator.
``(B) Qualifications.--The Chief Operating Officer shall
have a demonstrated ability in management and knowledge of or
experience in aviation.
``(C) Term.--The Chief Operating Officer shall be appointed
for a term of 5 years.
``(D) Removal.--The Chief Operating Officer shall serve at
the pleasure of the Administrator, except that the
Administrator shall make every effort to ensure stability and
continuity in the leadership of the air traffic control system.
``(E) Vacancy.--Any individual appointed to fill a vacancy
in the position of Chief Operating Officer occurring before the
expiration of the term for which the individual's predecessor
was appointed shall be appointed for the remainder of that
term.
``(2) Compensation.--
``(A) In general.--The Chief Operating Officer shall be
paid at an annual rate of basic pay equal to the annual rate of
basic pay of the Administrator. The Chief Operating Officer
shall be subject to the post-employment provisions of section
207 of title 18 as if this position were described in section
207(c)(2)(A)(i) of that title.
``(B) Bonus.--In addition to the annual rate of basic pay
authorized by subparagraph (A), the Chief Operating Officer may
receive a bonus for any calendar year not to exceed 30 percent
of the annual rate of basic pay, based upon the Administrator's
evaluation of the Chief Operating Officer's performance in
relation to the performance goals set forth in the performance
agreement described paragraph (3).
``(3) Annual performance agreement.--The Administrator and the
Chief Operating Officer, in consultation with the Air Traffic
Control Subcommittee of the Aviation Management Advisory Committee,
shall enter into an annual performance agreement that sets forth
measurable organization and individual goals for the Chief
Operating Officer in key operational areas. The agreement shall be
subject to review and renegotiation on an annual basis.
``(4) Annual performance report.--The Chief Operating Officer
shall prepare and transmit to the Secretary of Transportation and
Congress an annual management report containing such information as
may be prescribed by the Secretary.
``(5) Responsibilities.--The Administrator may delegate to the
Chief Operating Officer, or any other authority within the
Administration responsibilities, including the following:
``(A) Strategic plans.--To develop a strategic plan of the
Administration for the air traffic control system, including
the establishment of--
``(i) a mission and objectives;
``(ii) standards of performance relative to such
mission and objectives, including safety, efficiency, and
productivity;
``(iii) annual and long-range strategic plans; and
``(iv) methods of the Administration to accelerate air
traffic control modernization and improvements in aviation
safety related to air traffic control.
``(B) Operations.--To review the operational functions of
the Administration, including--
``(i) modernization of the air traffic control system;
``(ii) increasing productivity or implementing cost-
saving measures; and
``(iii) training and education.
``(C) Budget.--To--
``(i) develop a budget request of the Administration
related to the air traffic control system prepared by the
Administrator;
``(ii) submit such budget request to the Administrator
and the Secretary of Transportation; and
``(iii) ensure that the budget request supports the
annual and long-range strategic plans developed under
subparagraph (A) of this subsection.''.

057de6518d5372fba4dee7f5e09404c4612c8b99a0107c9ede8ab8becbd364f8

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Other Sections