A BILL
To amend title 49, United States Code, to authorize
appropriations for the Federal Aviation Administration for
fiscal years 1999, 2000, 2001, 2002, 2003, and 2004 and for
other purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled,
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This Act may be cited as the "Federal
Aviation Administration Authorization Act of 1999".
(b) TABLE OF CONTENTS.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
Title I--AUTHORIZATIONS
Sec. 101. Federal Aviation Administration operations.
Sec. 102. Air navigation facilities.
Sec. 103. Research, engineering and development.
Sec. 104. Airport planning and development and noise
compatibility
planning and programs.
Sec. 105. Airport and Airway Trust Fund audits.
Title II--AMENDMENTS TO AVIATION LAW
Sec. 201. Severable services contracts for periods crossing
fiscal years.
Sec. 202. Airport Noise and Capacity Act Amendments.
Sec. 203. Government and industry consortia.
Sec. 204. Passenger facility fees.
Sec. 205. Implementation of Article 83 bis of the Chicago
Convention.
Sec. 206. User funding of the Federal Aviation
Administration.
Sec. 207. Cost recovery for foreign aviation services and
clarification of overflight fee
authority.
Sec. 208. Flexibility to perform criminal history record
checks; technical amendments
to Pilot Records Improvement Act of 1996.
Sec. 209. Extension of aviation insurance program.
Sec. 210. Technical correction to civil penalty provision.
Sec. 211. Improvements to air navigation facilities.
Sec. 212. Whistleblower protection for FAA employees; Hatch
Act enforcement;
Federal Procurement Integrity Act; merit system
principles.
Sec. 213. Federal Aviation Administration personnel
management system.
Sec. 214. Transitional user fee authority.
Sec. 215. Amendment of statute prohibiting the bringing of
hazardous substances aboard
an aircraft
Sec. 216. Airport Security Program.
Sec. 217. Essential Air Service.
Sec. 218. FAA may fine unruly passengers.
Sec. 219. Delegation of authority for cargo inspections.
Sec. 220. Amendment of statute prohibiting piloting an
aircraft without a valid airman's
certificate.
TITLE III--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS
Sec. 301. Removal of the cap on discretionary fund.
Sec. 302. Innovative use of airport grant funds.
Sec. 303. Matching share for state block grant program.
Sec. 304. Increase in apportionment for, and flexibility
of, noise compatibility planning
and programs.
Sec. 305. Increase in state apportionment.
Sec. 306. Discretionary use of unused apportionments.
Sec. 307. Pavement maintenance.
Sec. 308. Preservation of primary apportionments when air
service is temporarily
interrupted.
Sec. 309. Limitation on project eligibility at large and
medium airports.
Sec. 310. Public notice before grant assurance waived.
Sec. 311. Intermodal planning.
Sec. 312. Airport improvements to increase rural access to
the air transportation
system.
Sec. 313. Military airports.
Sec. 314. Letters of intent.
Sec. 315. Technical amendments.
TITLE IV--COMMERCIAL SPACE TRANSPORTATION AMENDMENTS
Sec. 401. Commercial Space Transportation Authorization.
Sec. 402. Repeal of requirement for uniform guidelines for
acquisition of surplus
property.
Sec. 403. Extension of payment of excess claims authority
for a commercial space
launch and reentry.
TITLE V--PERFORMANCE BASED ORGANIZATION FOR AIR TRAFFIC
SERVICES
Sec. 501. Establishment of Performance Based Organization.
Sec. 502. Relationship of ATS and the Administrator.
Sec. 503. Five-year evaluation.
Sec. 504. Fees for air traffic service.
Sec. 505. Financing a performance based organization for air
traffic
services.
Sec. 506. Adjustment of certain aviation excise taxes.
TITLE VI--FAMILY ASSISTANCE
Sec. 601. Responsibilities of National Transportation
Safety Board.
Sec. 602. Air carrier plans.
Sec. 603. Foreign air carrier plans.
Sec. 604. Applicability of Death on the High Seas Act.
TITLE VII--PASSENGER SERVICE AVAILABILITY; MAIL RATES
Sec. 701. Non-discrimination in airline travel.
Sec. 702. Airline service restoration pilot program.
Sec. 703. Waiver of local contribution.
Sec. 704. Joint fares and interline agreements.
Sec. 705. Policy for air service to rural areas.
Sec. 706. Clarification of air carrier code-sharing
obligations.
Sec. 707. Repeal of mail rate-setting authority.
Sec. 708. Access to High Density Airports.
TITLE VIII--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY
Sec. 801. Transfer of functions, powers, and duties.
Sec. 802. Transfer of office, personnel and funds.
Sec. 803. Amendment to title 49, United States Code.
Sec. 804. Savings provision.
Sec. 805. National ocean survey.
Sec. 806. National Oceanic and Atmospheric Administration:
nautical and
aeronautical products, sale and distribution.
TITLE IX--WHISTLEBLOWER PROTECTION
Sec. 901. Protection of employees providing air safety
information.
Sec. 902. Civil penalty.
TITLE X--NATIONAL PARKS AIR TOUR MANAGEMENT
Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Air tour management plans for national parks.
Sec. 1004. Advisory group.
Sec. 1005. Reports.
Sec. 1006. Exemptions.
Sec. 1007. Definitions.
TITLE XI--TITLE 49 TECHNICAL CORRECTIONS
Sec. 1101. Restatement of 49 U.S.C. 106(g).
Sec. 1102. Restatement of 49 U.S.C. 46306.
Sec. 1103. Restatement of 49 U.S.C. 44909.
Sec. 1104. Restatement of 49 U.S.C. 46301(a).
Sec. 1105. Restatement of 49 U.S.C. 47122(b).
TITLE XII--PREVENTION OF FRAUD INVOLVING AIRCRAFT OR SPACE
VEHICLE PARTS
Sec. 1201. Short title.
Sec. 1202. Prevention of frauds involving aircraft or space
vehicle parts in interstate or
foreign commerce.
Sec. 1203. Related amendments to other sections of title
18.
Title XIII--INTERNAL REVENUE CODE AMENDMENTS
Sec. 1301. Amendments to the Airport and Airway Trust Fund.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and
the amendments made by this Act shall be effective on the
date of enactment.
TITLE I--AUTHORIZATIONS
SEC. 101. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) is amended to read as follows:
"(k) AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.--
(1)There is authorized to be appropriated to the Secretary of
Transportation for operations of the Administration
$6,039,000,000 for fiscal year 2000, and such sums as necessary
for fiscal years 2001, 2002, 2003 and 2004.
"(2) Of the amounts authorized by this subsection, not
more than $9,100,000 for the 3-fiscal-year period beginning
with fiscal year 2001 shall be used to support a university
consortium established to provide an air safety and security
management certificate program, working cooperatively with
the Federal Aviation Administration and United States air
carriers. Funds authorized under this paragraph--
"(A) may not be used for the construction of a
building or other facility;
"(B) shall be awarded on the basis of open
competition; and
"(C) may not constitute more than a 50-percent
share of the total costs of the consortium.".
SEC. 102. AIR NAVIGATION FACILITIES.
Section 48101(a) is amended by inserting the following
at the end:
"(3) $2,319,000,000 for fiscal year 2000.
"(4) such sums as necessary for fiscal years 2001,
2002, 2003 and 2004.".
SEC. 103. RESEARCH, ENGINEERING AND DEVELOPMENT.
Section 48102(a) is amended--
(1) by striking paragraphs (1) through (4) and
redesignating paragraph (5) as paragraph (1); and
(2) by inserting the following:
"(2) $173,000,000 for fiscal year 2000.
"(3) such sums as necessary for fiscal years 2001,
2002, 2003, and 2004.".
SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS.--Section 48103 is
amended--
(1) by inserting "newly" before "available";
(2) by striking "$1,205,000,000" and all that
follows through the period at the end and inserting the
following: "$2,410,000,000 for fiscal years ending
before October 1, 1999, $1,600,000,000 for fiscal years
ending before October 1, 2000, $1,600,000,000 for
fiscal years ending before October 1, 2001,
$1,600,000,000 for fiscal years ending before October
1, 2002, $1,600,000,000 for fiscal years ending before
October 1, 2003, and $1,600,000,000 for fiscal years
ending before October 1, 2004.".
(b) PROJECT GRANT AUTHORITY.--Section 47104(c) is
amended by striking "March 31, 1999" and inserting
"September 30, 2004".
SEC. 105. AIRPORT AND AIRWAY TRUST FUND AUDITS.
(a) AUTHORIZATION.--Chapter 481 is amended by adding at
the end a new section as follows:
"Sec. 48112. Airport and Airway Trust Fund audits
"For fiscal years beginning after September 30, 2000,
there is authorized to be appropriated from the Airport and
Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502), to remain
available until expended, to the Secretary of Transportation
such sums as necessary for the Office of Inspector General
for the conduct of annual audits of financial statements of
the Federal Aviation Administration required by 31 U.S.C.
3521.".
(b) CONFORMING AMENDMENT.--The analysis of chapter 481
is amended by inserting at the end the following:
"48112. Airport and Airway Trust Fund audits.".
TITLE II--AMENDMENTS TO AVIATION LAW
SEC. 201. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING
FISCAL YEARS.
(a) Chapter 401 is amended by adding the following new
section:
"Sec. 40125. Severable services contracts for periods
crossing fiscal years
"(a) General.--The Administrator of the Federal
Aviation Administration may enter into a contract for
procurement of severable services for a period that begins
in one fiscal year and ends in the next fiscal year if
(without regard to any option to extend the period of the
contract) the contract period does not exceed one year.
"(b) Obligation Of Funds.--Funds made available for a
fiscal year may be obligated for the total amount of a
contract entered into under the authority of subsection (a)
of this section.".
(b) CONFORMING AMENDMENT.--The analysis of chapter 401
is amended by inserting the following at the end:
"40125. Severable services contracts for periods crossing
fiscal years.".
SEC. 202. AIRPORT NOISE AND CAPACITY ACT AMENDMENTS.
(a) FOREIGN CARRIERS ELIGIBLE FOR WAIVER.--Section
47528(b)(1) is amended in the first sentence by inserting
"or foreign air carrier" after "air carrier" and after
"carrier" the first time each appears.
(b) EXEMPTION FOR AIRCRAFT MODIFICATION OR DISPOSAL.--
Section 47528 is amended--
(1) by inserting "or (f)" after "(b)" in
subsection (a); and
(2) by inserting a new subsection at the end as
follows:
"(f) AIRCRAFT MODIFICATION OR DISPOSAL.-- After
December 31, 1999, the Secretary may provide a procedure
under which a person may operate a Stage 1 or Stage 2
airplane in nonrevenue service to or from an airport in the
United States in order to:
"(1) sell the aircraft outside the United states;
"(2) sell the aircraft for scrapping; or
"(3) obtain modifications to the aircraft to meet
Stage 3 noise levels.".
SEC. 203. GOVERNMENT AND INDUSTRY CONSORTIA.
Section 44903 is amended by adding the following new
subsection at the end:
"(f) GOVERNMENT AND INDUSTRY CONSORTIA.--The
Administrator may establish at individual airports such
consortia of government and aviation industry
representatives as the Administrator may designate to
provide advice on matters related to aviation security and
safety. Such consortia shall not be considered federal
advisory committees.".
SEC. 204. PASSENGER FACILITY FEES.
(a) PFC INCREASE.--Section 40117 is amended--
(1) in paragraph (b)(1) by striking "or $3" and
substituting "$3, $4, or $5"; and
(2) by inserting the following at the end:
"(j) FEES OF MORE THAN $4.--(1) When submitting an
application for a passenger facility fee under this section
of more than $4, an eligible agency shall separately submit
to the Secretary the written competition plan specified by
paragraph (2) if the application is for a primary airport--
"(A) having at least 1 percent of the total number
of passenger boardings each year at all commercial
service airports, and
"(B) at which more than 50 percent of the total
number of passenger boardings each year is by a single
air carrier and its regional affiliates.
"(2) As specified by paragraph (1), an eligible agency
shall submit a written competition plan for the airport,
including 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 compared to other large
airports.
"(3) The Secretary shall, within the time limit
established by subsection (c)(3), review the description and
plan submitted under this subsection to determine whether
the current and projected competition factors at the
airport, as described, are likely to contribute to the
policy objectives of increased competition between and among
passenger air carriers. If the Secretary determines that
the submitted plan fails to address needs for increased
competition at the airport, the Secretary shall disapprove
the imposition of a fee of more than $4 on the basis of
competition factors.
"(k) SURFACE TRANSPORTATION PROJECTS.--The Secretary
may approve an application by an eligible agency for a
surface transportation project to improve access to an
airport having at least .25 percent of the total number of
passenger boardings each year at all commercial service
airports, under this section only if the Secretary finds
that the eligible agency has made adequate provision for
financing safety, security and capacity needs of the
airport.
"(l) PROJECT COST SHARING.--In order to carry out the
policy of section 47101(a)(5) of this title, the Secretary
may approve an application under this section by an eligible
agency to participate in a cost-sharing agreement with one
or more eligible surface transportation agencies for a
surface transportation project under title 23 or chapter 53
of title 49, United States Code, if the Secretary finds that-
-
"(1) the eligible agency or an eligible surface
transportation agency participating in the project will
hold good title to property used for the project, and
the eligible agency will own or operate the project;
"(2) use of passenger facility fees is limited to
capital costs for new construction of a facility or for
acquisition of equipment;
"(3) the project is directly and substantially
related to the air transportation of passengers and
property;
"(4) the project is consistent with the
transportation improvement program developed in
accordance with sections 134 and 135 of title 23 or
section 5304 of title 49, United States Code, to
address documented surface congestion problems that
directly and significantly affect airport access, or
the project is incidental to an otherwise justified
surface transportation project but provides
substantially improved direct access to an airport;
"(5) the subsection will be administered by the
Secretary in accordance with the requirements of title
23 or chapter 53 of title 49, United States Code,
applicable to the project;
"(6) the proportion of the total cost of the
project contributed by the eligible agency under this
section shall not exceed the proportion of the direct
aviation-related use of the facility compared to the
total use of the facility as determined by the
Secretary;
"(7) there is an opportunity for public comment on
the project, particularly by airport users, concerning
the transportation, social, economic, and environmental
effects of the project; and
"(8) the agreement meets any other conditions
required by the Secretary.".
(b) REDUCTION IN ENTITLEMENT FUNDS.--Section 47114(f)
is amended--
(1) by inserting a paragraph designator "(1)"
before "An";
(2) by striking "reduced by" and all that
follows and substituting the following:
"reduced by--
"(A) an amount equal to 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, if
the sponsor has imposed a passenger facility fee of
$1, $2, or $3 in the fiscal year; or
"(B) an amount equal to 100 percent of the
amount that would otherwise be apportioned to the
sponsor under this section, if the sponsor has
imposed a passenger facility fee of $4 or $5 in the
fiscal year."; and
(3) by inserting a new paragraph at the end as
follows:
"(2) A reduction in apportionment required by
paragraphs (1)(A) or (1)(B) of this subsection shall not
take effect until the first fiscal year following the year
in which the collection of a fee imposed under section 40117
of this title is begun.".
SEC. 205. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO
CONVENTION.
Section 44701 is amended by--
(a) redesignating subsection (e) as subsection (f); and
(b) inserting following subsection (d) a new subsection
(e) as follows:
"(e) Bilateral Exchanges Of Safety Oversight
Responsibilities.--(1) Notwithstanding the provisions of
this chapter, and pursuant to Article 83 bis of the
Convention on International Civil Aviation, the
Administrator may, by a bilateral agreement with the
aeronautical authorities of another country, exchange with
that country all or part of their respective functions and
duties with respect to aircraft described in subparagraphs
(A) and (B), under the following articles of the Convention:
Article 12 (Rules of the Air); Article 31 (Certificates of
Airworthiness); or Article 32a (Licenses of Personnel).
Such agreement may apply to--
"(A) aircraft registered in the United States
operated pursuant to an agreement for the lease,
charter, or interchange of the aircraft or any similar
arrangement by an operator that has its principal place
of business or, if it has no such place of business,
its permanent residence in another country; or
"(B) aircraft registered in a foreign country
operated under an agreement for the lease, charter, or
interchange of the aircraft or any similar arrangement
by an operator that has its principal place of business
or, if it has no such place of business, its permanent
residence in the United States.
"(2) The Administrator relinquishes responsibility with
respect to the functions and duties transferred by the
Administrator as specified in the bilateral agreement, under
the Articles listed in paragraph (1) of this subsection for
United States-registered aircraft transferred abroad as
described in subparagraph (1)(A) of this subsection, and
accepts responsibility with respect to the functions and
duties under those Articles for aircraft registered abroad
that are transferred to the United States as described in
subparagraph (1)(B) of this subsection.
"(3) The Administrator may, in the agreement, predicate
the transfer of these functions and duties on any conditions
the Administrator deems necessary and prudent.".
SEC. 206. USER FUNDING OF THE FEDERAL AVIATION
ADMINISTRATION.
Section 48104(a) is amended--
(1) in paragraph (1), by striking "; and" and
substituting ";";
(2) in paragraph (2), by striking the period at
the end and substituting "; and"; and
(3) by adding the following at the end:
"(3) any cost incurred by the Federal Aviation
Administration after September 30, 1999, that is
authorized by law.".
SEC. 207. COST RECOVERY FOR FOREIGN AVIATION SERVICES AND
CLARIFICATION OF OVERFLIGHT FEE AUTHORITY.
Section 45301 is amended--
(1) in paragraph (a)(2), by inserting "or to any
entity obtaining services outside the United States"
before the period; and
(2) in subparagraph (b)(1)(B) by--
(A) striking "directly"; and
(B) striking the period after "rendered" and
inserting the phrase ", including both direct and
indirect costs, as determined by the
Administrator, using generally accepted accounting
principles and internationally accepted economic
principles.".
SEC. 208. FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD
CHECKS; TECHNICAL AMENDMENTS TO PILOT RECORDS IMPROVEMENT
ACT OF 1996.
Section 44936 is amended --
(1) in subsection (a)(1)(B), by striking
"described in subparagraph (C)" and inserting "the
Administrator decides is necessary to ensure air
transportation security";
(2) by striking subsection (a)(1)(C);
(3) in subsection (a)(1)(D), by striking "(C)" and
inserting "(B)" and by redesignating subsection
(a)(1)(D) as subsection (a)(1)(C);
(4) in subsection (f)(1)(B) by inserting "(except
a branch of the United States Armed Forces, the
National Guard, a reserve component of the United
States Armed Forces, or the National Aeronautics and
Space Administration)" after "person" the first place
it appears;
(5) in subsection (f)(1)(B)(ii), by striking
"individual" and inserting "individual's performance as
a pilot";
(6) in subsection (f)(4), by striking "and (1)(B)"
and inserting ", (1)(B) and (2)(A)";
(7) in subsection (f)(5), by striking the period
in the first sentence and inserting ", except that the
Administrator may allow, under terms established by the
Administrator, a designated individual to accept the
written consent on behalf of the Administrator.";
(8) in subparagraph (f)(14)(B) by inserting "or
from a foreign government or entity that employed the
individual" after "exists,"; and
(9) in subsection (f), by adding a new subsection
as follows:
"(15) ELECTRONIC ACCESS TO FAA RECORDS.--For the
purpose of increasing timely and efficient access to Federal
Aviation Administration records described in subsection
(f)(1) of this section, the Administrator may allow, under
terms established by the Administrator, a designated
individual to have electronic access to a specified data
base containing information about such records.".
SEC. 209. EXTENSION OF AVIATION INSURANCE PROGRAM.
Section 44310 is amended by striking "March 31, 1999"
and substituting "December 31, 2004".
SEC. 210. TECHNICAL CORRECTION TO CIVIL PENALTY PROVISION.
Section 46301 is amended--
(1) in subparagraph (d)(7)(A) by striking
"individual" the first time it appears and substituting
"person"; and
(2) in subsection (g) by inserting "or the
Administrator" after "Secretary".
SEC. 211. IMPROVEMENTS TO AIR NAVIGATION FACILITIES.
Section 44502(a) is amended by adding a new paragraph
(5) at the end to read as follows:
"(5) The Administrator may improve real property leased
for air navigation facilities when the improvements
primarily benefit the government, are essential for mission
accomplishment, and the government's interest in the
improvements is protected. Such improvements may be made
without regard to the cost of the improvements in relation
to the cost of the lease.".
SEC. 212. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES; HATCH
ACT ENFORCEMENT; FEDERAL PROCUREMENT INTEGRITY ACT; MERIT
SYSTEM PRINCIPLES.
(a) WHISTLEBLOWER PROTECTION.--Section 347(b)(1) of
Public Law 104-50 (49 U.S.C. 106, note) is amended by
striking "protection;" and inserting "protection, including
the provisions for investigations and enforcement as
provided in chapter 12 of title 5, United States Code;".
(b) HATCH ACT ENFORCEMENT.-- Section 347(b)(5) of the
Department of Transportation and Related Agencies
Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460)
is amended by inserting before the semicolon at the end the
following: ", including the provisions for investigation and
enforcement as provided in chapter 12 of title 5, United
States Code concerning subchapter III--Political
Activities".
(c) FEDERAL PROCUREMENT INTEGRITY ACT.--Section
348(b)(2) of the Department of Transportation and Related
Agencies Appropriations Act, 1996 (49 U.S.C. 40110 note; 109
Stat. 460) is amended by striking the period and inserting
the following:
", except for 41 U.S.C. 423; provided that subparagraphs (f)
and (g) of section 423 shall not apply to the Federal
Aviation Administration's Acquisition Management System;
provided further that within 90 days following enactment of
the Federal Aviation Administration Authorization Act of
1999, the Administrator of the Federal Aviation
Administration shall adopt definitions for its Acquisition
Management System that are consistent with the purpose and
intent of this section and that will allow the full
application of the criminal, civil and administrative
remedies provided; and provided further that the
Administrator shall have the authority to take an adverse
personnel action provided in 41 U.S.C. 423(e)(3)(A)(iv), but
shall take any such actions in accordance with the
procedures contained in the Federal Aviation
Administration's Personnel Management System.".
(d) MERIT SYSTEMS PRINCIPLES.--Section 347(a) of Public
Law 104-50 (49 U.S.C. 106 note) is amended by adding the
following at the end:
"The personnel management system is governed by merit
systems principles consistent with those expressed in 5
U.S.C. 2301.".
SEC. 213. FEDERAL AVIATION ADMINISTRATION PERSONNEL
MANAGEMENT SYSTEM.
(a) MEDIATION--Section 40122(a)(2) is amended by adding
at the end the following: "The 60-day period shall not
include any period during which Congress has adjourned sine
die.".
(b) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS--Section
40122 is amended by adding at the end the following:
"(g) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS--An
employee of the Administration who is the subject of a major
adverse personnel action may contest the action either
through any contractual grievance procedure that is
applicable to the employee as a member of the collective
bargaining unit or through the Administration's internal
process relating to review of major adverse personnel
actions of the Administration, known as Guaranteed Fair
Treatment or under section 347(c) of the Department of
Transportation and Related Agencies Appropriations Act,
1996.
"(h) ELECTION OF FORUM.--Where a major adverse
personnel action may be contested through more than one of
the indicated fora (e.g., the contractual grievance
procedure, the Federal Aviation Administration's internal
process or that of the Merit Systems Protection Board), an
employee must elect the forum through which the matter will
be contested. Nothing in this section is intended to allow
an employee to contest an action through more than one forum
unless otherwise allowed by law.
"(i) DEFINITION.--For purposes of this section, the
term "major adverse personnel action" means a suspension of
more than 14 days, a reduction in pay or grade, a removal
for conduct or performance, a nondisciplinary removal, a
furlough of 30 days or less (but not including placement in
a nonpay status as the result of a lapse of appropriations
or an enactment by Congress), or a reduction in force
action.".
(c) APPLICABILITY OF MERIT SYSTEMS PROTECTION BOARD
PROVISIONS.--Section 347(b) of the Department of
Transportation and Related Agencies Appropriations Act, 1996
(109 Stat. 460) is amended--
(1) by striking "and" at the end of paragraph (6);
(2) by striking the period at the end of paragraph
(7) and inserting "; and"; and
(3) by adding at the end the following:
"(8) sections 1204, 1211-1218, 1221, and 7701-
7703, relating to the Merit Systems Protection Board.".
(d) APPEALS TO MERIT SYSTEMS PROTECTION BOARD- Section
347(c) of the Department of Transportation and Related
Agencies Appropriations Act, 1996 is amended to read as
follows:
"(c) APPEALS TO MERIT SYSTEMS PROTECTION BOARD- Under
the new personnel management system developed and
implemented under subsection (a), an employee of the Federal
Aviation Administration may submit an appeal to the Merit
Systems Protection Board and may seek judicial review of any
resulting final orders or decisions of the Board from any
action that was appealable to the Board under any law, rule,
or regulation as of March 31, 1996.".
SEC. 214. TRANSITIONAL USER FEE AUTHORITY.
(a) Chapter 453 is amended by adding the following new
section at the end:
"Sec. 45305. Transitional user fee authority
"(a) GENERAL.--(1) The Administrator of the Federal
Aviation Administration shall establish a schedule of new
fees and a collection process for such fees, payable by
operators described in paragraph (3), for the provision of
air traffic control services provided by the Federal
Aviation Administration to such operators. Such fees shall
be effective until replaced by the schedule of fees for air
traffic services adopted under section 45331.
"(2) Such fees shall reflect the full cost of providing
air traffic services, including costs associated with the
depreciation, research, engineering, and development, and
the operation and maintenance of facilities and
infrastructure, based on cost accounting principles.
"(3) Such fees shall be payable by--
"(A) a person holding a certificate under part 119
of title 14, Code of Federal Regulations;
"(B) a person holding a certificate under part 125
of title 14, Code of Federal Regulations, to operate
an aircraft for compensation or hire; or
"(C) a foreign air carrier directly providing air
transportation.
"(b) CONSULTATION, PUBLICATION AND COMMENT ON FEES.--
The Administrator shall publish in the Federal Register an
initial fee schedule and associated collection process as an
interim final rule not later than September 30, 1999,
provided that the Administrator shall consult with
interested operators who may be subject to the fees prior to
such publication. After the Administrator receives public
comment on the interim final rule, the Administrator shall
issue a final rule as early as practicable.
"(c) DEPOSIT OF FEES.--Fees collected under this
section shall be deposited in the Airport and Airway Trust
Fund (26 U.S.C. 9502).
"(d) REDUCTION OF TAXES FOR FISCAL YEAR 2000.--Prior to
October 1, 1999, if the sum of estimated receipts from fees
established under this section for fiscal year 2000 and
estimated receipts from excise taxes to be credited to the
Airport and Airway Trust Fund for fiscal year 2000 is
projected to exceed the budgetary requirements for the
Federal Aviation Administration for fiscal year 2001 as
shown in the Budget of the United States Government for
Fiscal Year 2000, aviation excise taxes that would otherwise
be applicable shall be reduced in the same manner as
provided in section 506 of the Federal Aviation
Administration Authorization Act of 1999.
"(e) COLLECTION AND AVAILABILITY OF FEES.--Fees
authorized under this section shall be collected and
available for obligation only to the extent and in the
amount provided in advance in appropriations acts. Such fees
are authorized to be appropriated to remain available until
expended.".
(b) CONFORMING AMENDMENT.--The analysis of chapter 453
is amended by inserting the following at the end:
"45305. Transitional user fee authority.".
SEC. 215. AMENDMENT OF STATUTE PROHIBITING THE BRINGING OF
HAZARDOUS SUBSTANCES ABOARD AN AIRCRAFT.
Section 46312 is amended--
(1) by striking "A" and inserting "(a) GENERAL.--
A"; and
(2) by adding at the end a new subsection as
follows:
"(b) KNOWLEDGE OF REGULATIONS.--Knowledge by the person
of the existence of a regulation or requirement related to
the transportation of hazardous material prescribed by the
Secretary under this part is not an element of an offense
under this section.".
SEC. 216. AIRPORT SECURITY PROGRAM.
(a) IN GENERAL.--Chapter 471 is amended by adding the
following new section:
"Sec. 47136. Airport security program
"(a) GENERAL AUTHORITY.--To improve security at public
airports in the United States, the Secretary of
Transportation shall carry out one or more projects 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 by an
eligible sponsor for a grant to undertake a project that--
"(1) evaluates and tests the benefits of
innovative airport security systems or related
technology, including explosives detection systems, for
the purpose of improving aviation security, including
aircraft physical security, access control, and
passenger and baggage screening; and
"(2) provides testing and evaluation of aviation
security systems and technology in an operational, test
bed environment.
"(c) MATCHING SHARE.--Notwithstanding section 47109,
the United States Government's share of allowable project
costs for a project under this section is 100 percent.
"(d) TERMS AND CONDITIONS.--The Secretary may establish
such terms and conditions as the Secretary determines
appropriate for carrying out a project under this section,
including terms and conditions relating to the form and
content of a proposal for a project, project assurances, and
schedule of payments.
"(e) ELIGIBLE SPONSOR DEFINED.--In this section, the
term "eligible sponsor" means a nonprofit corporation
composed of a consortium of public and private persons,
including a sponsor of a primary airport, with the necessary
engineering and technical expertise to successfully conduct
the testing and evaluation of airport and aircraft related
security systems.
"(f) AUTHORIZATION OF APPROPRIATIONS.--Of the amounts
made available to the Secretary under section 47115 in a
fiscal year, the Secretary shall make available $2,000,000
for the purpose of carrying out this section.".
(b) CONFORMING AMENDMENT.--The analysis for subchapter
1 of such chapter is amended by adding at the end the
following:
"47136. Airport security program.".
Sec. 217. ESSENTIAL AIR SERVICE.
Section 41742(a) is amended by striking "provided to
the Administration" and inserting "made available to the
Department of Transportation".
SEC. 218. FAA MAY FINE UNRULY PASSENGERS.
(a) IN GENERAL- Chapter 463 is amended by redesignating
section 46316 as section 46317, and by inserting after
section 46315 the following:
"Sec. 46316. Interference with cabin or flight crew
"(a) GENERAL.--An individual who interferes with the
duties or responsibilities of the flight crew or cabin crew
of a civil aircraft, or who poses an imminent threat to the
safety of the aircraft or other individuals on the aircraft,
is liable to the United States Government for a civil
penalty of not more than $10,000.
"(b) COMPROMISE AND SETOFF.--(1) The Secretary of
Transportation or the Administrator may compromise the
amount of a civil penalty imposed under subsection (a).
"(2) The Government may deduct the amount of a civil
penalty imposed or compromised under this section from
amounts it owes the individual liable for the penalty.".
(b) CONFORMING CHANGE.--The chapter analysis for
chapter 463 is amended by striking the item relating to
section 46316 and inserting after the item relating to
section 46315 the following:
"46316. Interference with cabin or flight crew.
"46317. General criminal penalty when specific penalty not
provided.".
SEC. 219. DELEGATION OF AUTHORITY FOR CARGO INSPECTIONS.
(a) DELEGATION OF AUTHORITY.--Subchapter II of chapter
449 is amended by adding at the end the following new
section:
" Sec. 44939. Delegation
"(a) DELEGATION AUTHORITY.--Subject to regulations,
supervision and review that the Administrator of the Federal
Aviation Administration may prescribe, the Administrator may
delegate to a qualified private person, or to an employee
under supervision of that person, a matter related to:
"(1) the examination, testing, and inspection
necessary to approve a program under this chapter for
the security of cargo to be carried on aircraft
carrying passengers in air transportation or intrastate
air transportation; and
"(2) preliminary approval of a program under this
chapter for the security of cargo to be carried on
aircraft carrying passengers in air transportation or
intrastate air transportation, subject to the
Administrator's final approval.
"(b) AUTHORITY TO RESCIND DELEGATION.--The
Administrator may rescind a delegation under this section at
any time for any reason the administrator considers
appropriate.
"(c) RECONSIDERATION OF ACTION.--A person affected by
an action of a private person under this section may apply
for reconsideration of the action by the Administrator. On
the Administrator's own initiative, the Administrator may
reconsider the action of a private person at any time. If
the Administrator decides on reconsideration that the action
is unreasonable or unwarranted, the Administrator shall
change, modify, or reverse the action. If the Administrator
decides the action is warranted, the Administrator shall
affirm the action.".
(b) CONFORMING AMENDMENT.--The analysis of chapter 449
is amended by inserting at the end the following:
"44939. Delegation.".
SEC. 220. AMENDMENT OF STATUTE PROHIBITING PILOTING AN
AIRCRAFT WITHOUT A VALID AIRMAN'S CERTIFICATE.
Section 46306(a) is amended to read as follows:
"(a) APPLICATION.--Except for subsection (b)(7), this
section applies only to aircraft not used to provide air
transportation.".
TITLE III-AIRPORT IMPROVEMENT PROGRAM AMENDMENTS
SEC. 301. REMOVAL OF THE CAP ON DISCRETIONARY FUND.
Section 47115(g) is amended by repealing paragraph (4).
SEC. 302. INNOVATIVE USE OF AIRPORT GRANT FUNDS.
(a) CODIFICATION AND IMPROVEMENT OF 1996 PROGRAM.--
Subchapter I of chapter 471 is amended by adding after
section 47134 the following:
"47135. Innovative financing techniques
"(a) GENERAL.--The Secretary of Transportation is
authorized to carry out a demonstration program under which
the Secretary may approve applications under this subchapter
for not more than 5 new projects in a fiscal year at
airports that have less than .25 percent of the boardings at
all commercial service airports for which grants received
under the subchapter may be used to implement innovative
financing techniques.
"(b) PURPOSE.--The purpose of the demonstration program
shall be to provide information on the use of innovative
financing techniques for airport development projects.
"(c) LIMITATION.--In no case shall the implementation
of an innovative financing technique under the demonstration
program result in a direct or indirect guarantee of any
airport debt instrument by the United States Government.
"(d) INNOVATIVE FINANCING TECHNIQUE DEFINED.--In this
section, the term "innovative financing technique" includes
methods of financing for projects to undertake new airport
development that the Secretary determines may be beneficial,
including, but not limited to, the following:
"(1) payment of interest;
"(2) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible
airport development;
"(3) flexible non-Federal matching requirements;
and
"(4) loans described in subsection (e) of this
section."
"(e) LOANS.--(1) A State designated as a block grant
State by the Secretary under section 47128 may loan to a
sponsor all or part of the funds apportioned to the State
pursuant to section 47114(d) of this title to pay the
government share of the allowable costs of an eligible
airport development project. Such project must meet all
requirements of a project undertaken pursuant to section
47128 of this title.
"(2) The amount of any loan received for a project
under this subsection may be subordinated to any other debt
financing for the project.
"(3) The repayment of a loan made under this subsection
shall commence not more than five years after the project is
completed.
"(4) The term of a loan made under this subsection
shall not exceed 30 years from the date on which the loan
funds are obligated.
"(5) A loan made under this subsection shall bear
interest at or below market interest rates, as determined by
the State, to make the project that is the subject of the
loan feasible.
"(6) Amounts repaid to a State from a loan made under
this subsection shall be considered to be Federal funds
subject to the requirements of section 47128 and may be
obligated--
"(A) for any purpose for which the loan funds were
made available under the State block grant program; and
"(B) for use as a capital reserve for other forms
of credit enhancement for project debt in order to
improve credit market access or to lower interest rates
for projects eligible for assistance under the State
block grant program.
"(7) The Secretary shall not approve more than one
state application in a fiscal year, nor more than three in
total, to establish state-run loan programs under this
subsection.
"(8) The Secretary shall, in consultation with
participating States, ensure that procedures and guidelines
for making loans under this subsection meet the requirements
of this subsection.".
(b) CONFORMING AMENDMENT.--The analysis of subchapter I
of chapter 471 is amended by inserting at the end the
following:
"47135. Innovative financing techniques."
SEC. 303. MATCHING SHARE FOR STATE BLOCK GRANT PROGRAM.
Section 47109(a) is amended--
(1) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), 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 pursuant to the State block grant program
established by section 47128 of this title;
"(3) for fiscal years beginning after
September 30, 2001, in accordance with guidelines
developed by the Secretary--
"(A) not more than 75 percent for a
project at a primary airport having at least
.25 percent of the total number of passenger
boardings each year at all commercial
service airports; and
"(B) not more than 90 percent for a
project at any other airport;".
(3) in paragraph (4), as redesignated, by striking
"; and" and inserting ";";
(4) in paragraph (5), as redesignated, by striking
the period and inserting "; and";
(5) by inserting a new paragraph as follows:
"(6) not more than 50 percent for a project
described in section 47101(a)(14) of this title;
provided, that the government's share of allowable
costs for such a project will only be available if
the aviation benefits to the public exceed the
allowable costs of the project.".
SEC. 304. INCREASE IN APPORTIONMENT FOR, AND FLEXIBILITY
OF, NOISE COMPATIBILITY PLANNING AND PROGRAMS.
Section 47117(e)(1)(A) is amended--
(1) by revising the first sentence to read as
follows:
"At least 35 percent, but in any fiscal year not
less than $200,000,000, for grants for airport
noise compatibility planning under section
47505(a)(2) of this title, for carrying out noise
compatibility programs under section 47504(c) of
this title, and for noise mitigation projects
approved in an environmental record of decision
for an airport development project under this
title."; and
(2) in the second sentence, by striking "31
percent" and inserting "35 percent or minimum funding".
SEC. 305. INCREASE IN STATE APPORTIONMENT.
Section 47114(d)(2) is amended by striking "18.5" and
inserting "20".
SEC. 306. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.
Section 47117(g) is amended to read as follows:
"(g) DISCRETIONARY USE OF APPORTIONMENTS.--(1) Subject
to paragraph (2) of this subsection, if the Secretary finds
that all or part of an amount under an apportionment
available pursuant to subsection (b) of this section is not
required to fund a grant under the apportionment during the
current fiscal year, the Secretary may use the amount not so
required to fund discretionary grants under section 47115 of
this title during such year. The finding may be based on
the notifications that the Secretary receives under section
47105(f) of this title, or on other information received
from sponsors. The discretionary grants may be made for any
of the purposes for which amounts are authorized for grants
under section 47104 of this title, and are not subject to
any of the crediting and allocation provisions applicable to
the discretionary fund established under section 47115.
"(2) If the current fiscal year is not the last year of
availability, under subsection (b) of this section, of an
apportionment from which the Secretary funds a discretionary
grant under paragraph (1) of this subsection, the Secretary
shall, in a later fiscal year, restore to the apportionment
an amount equal to the grant whenever a sufficient amount is
made available for grant obligations under sections 47104
and 48103 of this title, as follows:
"(A) if an amount sufficient for such restoration
is made available at any time in the current or next
following fiscal year, the amount so restored shall be
subject to the original period of availability of the
apportionment made under subsection (b) of this
section; or
"(B) if an amount sufficient for such restoration
is not made available in the current or next following
fiscal year, the amount so restored shall be deemed to
remain available under subsection (b) of this section
for the original period of availability, plus the
number of complete fiscal years during which an amount
was not available for such restoration.
"(3)(A) Of an amount newly available under section
48103 of this title, an amount equal to the amounts restored
under paragraph (2) of this subsection shall be deemed
unavailable for discretionary grant obligations under
section 47115 of this title.
"(B) Subparagraph (A) of this paragraph does not impair
the Secretary's authority under paragraph (1) of this
subsection, after a restoration under paragraph (2) of this
subsection, 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) This subsection does not authorize the Secretary
to incur grant obligations above the amount made available
under sections 47104 and 48103 of this title.".
SEC. 307. PAVEMENT MAINTENANCE.
(a) REPEAL OF PILOT PROGRAM.--Section 47132 is
repealed.
(b) ELIGIBILITY AS AIRPORT DEVELOPMENT.--Section
47102(3) is amended by adding at the end the following new
subparagraph:
"(H) routine work to preserve and extend the
useful life of runways, taxiways, and aprons at
airports for which apportionments are made under
section 47114(d), under guidelines issued by the
Administrator.".
SEC. 308. PRESERVATION OF PRIMARY APPORTIONMENTS WHEN AIR
SERVICE IS TEMPORARILY INTERRUPTED.
Section 47114(c)(1) is amended--
(1) in paragraph (c)(1)(A) by striking "The" and
inserting "Except for an apportionment under
subparagraph (C) of this paragraph, the"; and
(2) by adding at the end the following:
"(C) 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.".
SEC. 309. LIMITATION ON PROJECT ELIGIBILITY AT LARGE AND
MEDIUM AIRPORTS.
(a) LIMITATION ON ELIGIBILITY.--Chapter 471 is amended
by adding the following new section:
"Sec. 47137. Limitation on project eligibility at large and
medium airports
"(a) LIMITATION.--Except as may be contained in a
letter of intent issued prior to the date of enactment of
this section, under section 47110(e), and notwithstanding
section 47110(d), the Secretary may approve a project for
airport development at an airport having at least .25
percent of the total number of passenger boardings each year
at all commercial service airports only for--
"(1) a development project to meet safety or
security requirements of the Secretary or requirements
under the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), the Clean Air Act (42 U.S.C.
7401 et seq.), and the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) as described in section
47102(3)(F) of this title;
"(2) projects for which funds are made available
under section 47117(e)(1)(A) of this title;
"(3) a development project that the Secretary
determines will create new airfield capacity at the
airport; and
"(4) airport planning.
"(b) NO LIMITATION ON PROJECTS FINANCED BY PASSENGER
FACILITY FEES.--The limitation imposed on grant approvals
under subsection (a) of this section does not apply to
projects funded by passenger facility revenue under section
40117 of this title.".
(b) CONFORMING AMENDMENT.--The analysis of chapter 471
is amended by inserting the following at the end:
"47137. Limitation on project eligibility at large and
medium airports.".
(c) CONFORMING AMENDMENT.--Section 47104(a) is amended
by inserting "subject to section 47137 of this title," after
"aeronautics,".
Sec. 310. PUBLIC NOTICE BEFORE GRANT ASSURANCE WAIVED.
Section 47107(h) is amended--
(1) by striking "MODIFYING ASSURANCES AND
REQUIRING COMPLIANCE WITH ADDITIONAL ASSURANCES.--
Before" and substituting "MODIFYING, ADDING OR WAIVING
ASSURANCES.--(1) Before"; and
(2) by adding the following new paragraph at the
end:
"(2) After the date of enactment of this paragraph,
with respect to airport property used for landing, taking
off or surface maneuvering of aircraft, the Secretary of
Transportation may not waive an assurance required under
this section that requires property to be used for
aeronautical purposes unless the Secretary provides at least
30 days notice to the public and an opportunity to comment
before issuing any such waiver. Nothing in this paragraphs
shall be construed to authorize the Secretary to issue a
waiver of any assurance required under this section.".
SEC. 311. INTERMODAL PLANNING.
(a) Section 47101(a)(5) is amended by striking "that
use various modes of transportation in a way that will serve
the States" and inserting ", including airport systems, in a
manner that will serve the Nation, the States,";
(b) Section 47102(8) is amended--
(1) in subparagraph (C), by striking "; and" and
inserting ";";
(2) in subparagraph (D), by striking the period
and inserting "; and"; and
(3) by inserting a new subparagraph as follows:
"(E) developing a plan for an airport system
that includes a primary airport that enplanes at
least 0.25 percent of the total number of
passenger boardings each year at all commercial
service airports, so that such planning includes
fair consideration of surface transportation and
land use plans relevant to airport access and
development in the airport system under study.".
(c) Section 47106(a) is amended--
(1) in paragraph (1), by inserting ", including
transportation and land use plans," after "plans";
(2) in paragraph (4), by striking "; and" and
inserting ";";
(3) in paragraph (5), by striking the period and
inserting "; and"; and
(4) by inserting a new paragraph at the end as
follows:
"(6) with respect to a project for the location of
an airport or a project for a runway or a major runway
extension at a primary airport having at least 0.25
percent of the total number of passenger boardings each
year at all commercial service airports, the sponsor
has (A) provided the metropolitan planning organization
authorized to conduct metropolitan planning in the area
in which the airport is located with not less than 60
days to review the airport master plan or the airport
layout plan in which the project is described and
depicted and to submit comments on such plans to the
sponsor, and (B) included in its application to the
Secretary its written responses to such comments as are
made by the metropolitan planning organization.".
SEC. 312. AIRPORT IMPROVEMENTS TO INCREASE RURAL ACCESS TO
THE AIR TRANSPORTATION SYSTEM.
Section 47101(a) is amended at the end by inserting a
new subparagraph as follows:
"(14) that priority consideration should be given
to encourage development identified by the Secretary of
Transportation, in consultation with State aviation
officials, as warranted, to support operations of
turbine powered aircraft at nonprimary airports to the
extent possible with available funds and considering
other airport needs.".
SEC. 313. MILITARY AIRPORTS.
(a) CLARIFICATION OF TERM OF MILITARY AIRPORT PROGRAM
APPORTIONMENT.--(1) Section 124(d) of the Federal Aviation
Reauthorization Act of 1996 (Public Law 104-264) is
repealed.
(2) Section 47117(e)(1)(B) is amended by striking "for
each fiscal year thereafter".
(b) DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.--
Section 47118 is amended--
(1) in subsection (a), by striking "12" and
inserting "15"; and
(2) in subsection (d), by striking "5 fiscal year
periods" and inserting "periods, each not to exceed 5
fiscal years,".
SEC. 314. LETTERS OF INTENT.
Section 47110(e)(2)(C) is amended to read as follows:
"(C) that meets the criteria of section 47115(d)
of this title and, if for a project at an airport
having at least 0.25 percent of the boardings each year
of all commercial service airports, the Secretary
decides will enhance system-wide airport capacity
significantly.".
SEC. 315. TECHNICAL AMENDMENTS.
(a) USE OF APPORTIONMENTS FOR ALASKA, PUERTO RICO AND
HAWAII.--Section 47114(d) is amended by revising paragraph
(3) to read as follows:
"(3) An amount apportioned under paragraph (2) of this
subsection for airports in Alaska, Hawaii or Puerto Rico may
be made available by the Secretary for any public airport in
those respective jurisdictions.".
(b) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.-- Section
47114(e) is amended--
(1) in the catchline by striking "ALTERNATIVE" and
inserting "SUPPLEMENTAL";
(2) in paragraph (1)--
(A) by striking "Instead of apportioning
amounts for airports in Alaska under" and
inserting "Notwithstanding"; and
(B) by striking "those airports" and inserting
"airports in Alaska"; and
(3) by amending paragraph (3) to read:
"(3) An amount apportioned under this subsection
may be used for any public airport in Alaska.".
(c) REPEAL OF APPORTIONMENT LIMITATION ON COMMERCIAL
SERVICE AIRPORTS IN ALASKA.--Section 47117 is amended by
striking subsection (f) and redesignating subsections (g)
and (h) as (f) and (g).
(d) DISCRETIONARY FUND DEFINITION.--(1) Section 47115
is amended--
(A) in subsection (a) by striking "25" and
inserting "12.5"; and
(B) in subsection (b) by striking the second
sentence; and
(2) Section 47116 is amended--
(A) in subsection (a), by striking "75" and
inserting "87.5";
(B) in subsection (b), by redesignating
paragraphs (1) and (2) as subparagraphs (2)(A) and
(2)(B), and inserting after the colon the
following new paragraphs:
"(1) one-seventh for grants for projects at
small hub airports (as defined in section 41731 of
this title); and
"(2) the remaining amounts based on the
following:".
(e) USE OF STATE-APPORTIONED FUNDS.--Section 47114(d)
is amended by adding the following new paragraphs at the
end:
"(4) Notwithstanding paragraph (2) of this subsection,
funds made available under this subsection may be used for
integrated airport system planning that encompasses one or
more primary airports.
"(5) A project to survey or to upgrade a nonprimary
airport to obtain greater benefits from implementation of
satellite-based air navigation systems may be financed only
with funds apportioned under this section.".
(f) CONTINUATION OF PROJECT FUNDING.--Section 47108 is
amended by adding a new subsection at the end as follows:
"(e) CHANGE IN AIRPORT STATUS.--In the event that the
status of a primary airport changes to a non-primary airport
at a time when a development project under a multiyear
agreement under subsection (a) is not yet completed, the
project shall remain eligible for funding from discretionary
funds under section 47115 of this title at the funding level
and under the terms provided by the agreement, subject to
the availability of funds.".
(g) GRANT ELIGIBILITY FOR PRIVATE RELIEVER AIRPORTS.--
Section 47102(17)(B) is amended by--
(1) striking "or" at the end of clause (i) and
redesignating clause (ii) as clause (iii); and
(2) by inserting a new clause (ii) as follows:
"(ii) a privately-owned airport that, as a
reliever airport, received federal aid for airport
development prior to October 9, 1996; or".
(h) RELIEVER AIRPORTS INELIGIBLE FOR LETTERS OF
INTENT.--Section 47110(e)(1) is amended by striking "or
reliever" in the first sentence.
(i) PASSENGER FACILITY FEE WAIVER FOR CERTAIN CLASS OF
CARRIERS OR FOR SERVICE TO AIRPORTS IN ISOLATED COMMUNITIES.
Section 40117(i) is amended--
(1) by striking "and" at the end of paragraph (1)
and striking the period at the end of paragraph (2) and
inserting "; and"; and
(2) by inserting a new paragraph at the end as
follows:
"(3) may permit a public agency to request that
collection of a passenger facility fee be waived for--
"(A) passengers enplaned by any class of air
carrier or foreign air carrier if the number of
passengers enplaned by the carriers in the class
constitutes not more than one percent of the total
number of passengers enplaned annually at the
airport at which the fee is imposed; or
"(B) passengers enplaned on a flight to an
airport--
"(i) that has fewer than 2500 passenger
boardings each year and receives scheduled
passenger service; or
(ii) in a community which has a
population of less than 5,000 and is not
connected by a land highway or vehicular way
to the land-connected National Highway within
a state.".
(j) USE OF THE WORD "GIFT" AND PRIORITY FOR AIRPORTS IN
SURPLUS PROPERTY DISPOSAL.--(1) Section 47151 is amended--
(A) in subsection (a) by striking "give" and
inserting "convey to";
(B) in paragraph (a)(2) by striking "gift" and
inserting "conveyance"; and
(C) in subsection (b) by striking "gift" and
inserting "conveyance".
(2) Section 47152 is amended--
(A) in the title by striking "gifts" and inserting
"conveyances"; and
(B) in the first sentence by striking "gift" and
inserting "conveyance".
(3) The table of sections for subchapter 471 is amended
in the item relating to section 47152 by striking "gifts"
and inserting "conveyances".
(4) Section 47153(a) is amended--
(A) in paragraph (1) by striking "gift" and
inserting "conveyance";
(B) in subparagraph (1)(A) by striking "given" and
inserting "conveyed"; and
(C) in paragraph (1)(B) by striking "gift" and
inserting "conveyance".
TITLE IV--COMMERCIAL SPACE TRANSPORTATION AMENDMENTS
SEC. 401. COMMERCIAL SPACE TRANSPORTATION AUTHORIZATION.
Section 70119 is amended--
(1) in paragraph (1), by striking "and" at the end;
(2) in subparagraph (2), by striking "$6,600,000" and
inserting "$6,838,000", and by striking the period at the
end and inserting "; and"; and
(3) by inserting a new paragraph at the end as follows:
"(3) such sums as necessary for the fiscal years 2001
through 2004.".
SEC. 402. REPEAL OF REQUIREMENT FOR UNIFORM GUIDELINES FOR
ACQUISITION OF SURPLUS PROPERTY.
Section 70111 is amended by striking subsection (b)(3).
SEC. 403. EXTENSION OF PAYMENT OF EXCESS CLAIMS AUTHORITY
FOR A COMMERCIAL SPACE LAUNCH AND REENTRY.
Section 70113(f) is amended by striking "December 31,
1999" and inserting "December 31, 2005".
TITLE V --PERFORMANCE BASED ORGANIZATION
FOR AIR TRAFFIC SERVICES
SEC. 501. ESTABLISHMENT OF PERFORMANCE BASED ORGANIZATION.
(a) Subtitle VII is amended by inserting after chapter
445 the following:
"CHAPTER 446--PERFORMANCE BASED ORGANIZATION FOR
AIR TRAFFIC SERVICES
"Sec.
"44601. Definitions.
"44602. Establishment of a performance-based organization
for air traffic
services.
"44603. Management Advisory Committee participation
"44604. Chief Operating Officer.
"44605. Responsibilities of the ATS organization.
"44606. Performance management.
"44607. Personnel management.
"44608. Acquisitions.
"44609. Contracts for services.
"Sec. 44601. Definitions
"In this chapter--
"(1) '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 electro-magnetic spectrum and
physical, real, personal, and intellectual property
assets making up facilities 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 assure
adequate aircraft separation; and
"(D) trained personnel with specific technical
capabilities to satisfy the operational, engineering,
management, and planning requirements for air traffic
control.
"(2) 'ATS' means the performance-based organization for
air traffic services established by section 44602 of this
title for the purpose of operating the U.S air traffic
control system.
"Sec. 44602. Establishment of performance-based organization
for air traffic services
"(a) General.--(1) The Administrator of the Federal
Aviation Administration shall establish not later than
January 1, 2000, within the Federal Aviation Administration,
a performance-based organization (hereinafter referred to as
the ATS) to manage and operate the air traffic control
system on an efficient, business-like basis, without sources
of federal funding after May 15, 2001, other than as
provided in section 48302 of this title.
"(2) After May 15, 2001, the ATS shall be funded
exclusively under Subchapter II of chapter 453 and section
48302 of this title.
"(b) ATS Subcommittee.--A subcommittee of the
Management Advisory Council established under section 106(p)
of this title shall be constituted to offer advice and
recommendations to the Administrator, as specified by
section 44603 of this title.
"(c) Chief Operating Officer.--The policies and
operations of the ATS shall be implemented and directed by a
Chief Operating Officer, who shall be appointed under
section 44604 of this title by the Secretary of
Transportation.
"(d) Personnel Management and Acquisitions.--Personnel
management and acquisitions shall be carried out by the ATS
using the existing authority of the Administrator.
"(e) Relationship of ATS to the Administrator and the
Inspector General.--(1) The relationship of the ATS and the
Administrator shall be as set forth in section 106(r) of
this title.
"(2) The activities of the ATS shall be subject to the
authority of the Department of Transportation Inspector
General in the same manner and to the same extent as the
other elements of the Administration are subject to the
authority of the Inspector General.
"Sec. 44603. Management Advisory Council participation
"(a) General.--Using the authority provided under
section 106(p) of this title, the Chairman of the Management
Advisory Council shall constitute an 'Air Traffic Services
Subcommittee' to provide comments, recommended
modifications, and dissenting views to the Administrator on
ATS performance, including--
"(1) The performance of the Chief Operating
Officer and other senior managers of the ATS under
sections 44604 and 44607 of this title.
"(2) Long-range and strategic plans for the ATS.
"(3) User fees and other charges imposed under
section 45331 of this title.
"(4) Plans for annual ATS receipts and
expenditures.
"(5) Other significant actions that the ATS
Subcommittee considers appropriate and that are
consistent with implementing the Federal Aviation
Administration Authorization Act of 1999.
"(b) Subcommittee membership.--The Chairman shall
appoint the members of the ATS Subcommittee, which shall
include the designees of the Secretary of Transportation and
of the Secretary of Defense on the Management Advisory
Council.
"(c) User-fee Recommendations.--The ATS Subcommittee
shall participate in the establishment and modification of
user-fee schedules under 49 U.S.C. 45331 by offering
comments, recommended modifications, and dissenting views to
the Administrator.
"Sec. 44604. Chief Operating Officer
"(a) General.--(1) The management of the ATS is vested
in a Chief Operating Officer, who shall be appointed by the
Secretary of Transportation to a 5-year term and compensated
under the authority of this chapter.
"(2) The Chief Operating Officer shall serve at the
pleasure of the Secretary, except that the Secretary shall
make every effort to ensure stability and continuity in the
leadership of the ATS.
"(b) Annual Performance Agreement.--The Administrator
and the Chief Operating Officer shall enter into an annual
performance agreement that sets forth measurable
organization and individual goals for the Chief Operating
Officer in key operational areas. The agreement shall be
subject to review and re-negotiation on an annual basis.
"(c) Compensation.--(1) The Chief Operating Officer
shall be paid at an annual rate of basic pay not to exceed
that of the Administrator, including any applicable locality-
based payment. This basic rate of pay shall subject the COO
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.
"(2) In addition to the annual rate of basic pay
authorized by paragraph (1) of this subsection, the Chief
Operating Officer may receive a bonus not to exceed 50
percent of the annual rate of basic pay, based upon the
Administrator's evaluation of the Chief Operating Officer's
performance in relation to the performance goals set forth
in the performance agreement described in subsection (b) of
this section. A bonus may not cause the Chief Operating
Officer's total aggregate compensation in a calendar year to
equal or exceed the amount of the President's salary under
section 102 of title 3, United States Code.
"(d) Annual Performance Report.--The Chief Operating
Officer shall prepare and submit to the Secretary and to
Congress an annual management report containing such
information as the Secretary shall prescribe.
"Sec. 44605. Responsibilities of the ATS organization
"(a) Responsibility for Movement of Aircraft in United
States Airspace.--The ATS shall, in a continuing joint
relationship with the Department of Defense, exercise day-to-
day operational supervision and control over the movement of
aircraft in United States-controlled airspace on and after a
date set by the Federal Aviation Administrator.
"(b) Relationship of ATS and the Administrator.--The
ATS shall exercise the authority conferred on the
Administrator by this title to carry out its
responsibilities under this chapter, consistent with the
relationship established between the ATS and the
Administrator under section 106(r) of this title.
"(c) Consistency with international obligations and
national security.--The ATS shall ensure that its actions
are in compliance and consistent with established
relationships of the Department of Transportation with the
Department of State and the Department of Defense in
fulfilling the international obligations and national
security objectives of the United States.
"Sec. 44606. Performance management
"(a) General.--The ATS shall establish a performance
management system for all ATS employees that--
"(1) strengthens ATS effectiveness by--
"(A) establishing goals or objectives for
individual, group, or organizational performance
(consistent with the annual performance agreement
described in section 44604(b) of this title) and
performance planning procedures, including those
established under the Government Performance and
Results Act of 1993;
"(B) communicating the goals or objectives to
employees;
"(C) using the goals and objectives to make
performance distinctions among employees or groups
of employees; and
"(D) using performance assessments as a basis
for granting employee awards, adjusting an
employee's rate of basic pay, and other
appropriate personnel actions. For purposes of
this subparagraph, 'performance assessment' means
a determination of whether or not retention
standards established under paragraph (2)(A) are
met, and any additional performance determination
made on the basis of performance goals and
objectives established under subparagraph (A) of
this paragraph; and
"(2) maintains individual accountability by--
"(A) establishing one or more retention
standards for each employee related to the work of
the employee and expressed in terms of individual
performance, and communicating such retention
standards to the employee;
"(B) making periodic determinations of
whether each employee meets or does not meet the
employee's established retention standards; and
"(C) with respect to any employee whose
performance does not meet established retention
standards, denying any increases in basic pay,
denying any promotions, and taking any appropriate
action to resolve the performance problem.
"(b) Awards and Incentives.--The ATS may establish an
awards program designed to provide incentives for and
recognition of organizational, group, and individual
achievements by providing for granting awards to employees
who, as individuals or members of a group, contribute to
meeting the performance goals and objectives established
under this section by means of a superior individual or
group accomplishment, a documented productivity gain, or
sustained superior performance.
"Sec. 44607. Personnel management
"(a) General.--In conducting its personnel activities,
the ATS shall have the same authority as the Federal
Aviation Administrator.
"(b) Continuation of Existing Labor Agreements.--
Notwithstanding reorganization of air traffic services under
this chapter, existing labor agreements with employees of
the Administration in effect on the date of establishment of
the ATS continue in effect under their terms and are
unaffected by the reorganization. The ATS shall accord full
recognition to labor organizations representing ATS
employees to the extent that the labor organizations have
been accorded exclusive representative status.
"Sec. 44608. Acquisitions
"(a) General.--In conducting its acquisition
activities, the ATS shall have the same authority as the
Federal Aviation Administrator.
"(b) Department of Defense Interface.--Existing Federal
Aviation Administration acquisition authority for interface
with the Department of Defense is extended to the ATS, and
inclusion of the Department in current acquisition laws and
practices regarding joint Administration programs remains
intact.
"Sec. 44609. Contracts for services
"(a) General.--Using fees collected under subchapter II
of chapter 453 of this title, the ATS may contract for
personnel management, financial accounting, budgeting,
legal, and other necessary services in addition to or as an
alternative to obtaining services within the Federal
Aviation Administration.
"(b) Reimbursement for Administration Services.--
Personnel management, financial accounting, budgeting,
legal, and other services provided from within the Federal
Aviation Administration shall be made available to the ATS
on a reimbursable basis.
"(c) Selection of Chief Operating Officer.--The
Secretary may retain outside experts or consultants as part
of any effort to identify potential candidates for the
position of Chief Operating Officer.".
(b) Conforming Amendment.--The analysis of Subtitle VII
is amended by adding the following after the entry for
chapter 445:
"446. PERFORMANCE BASED ORGANIZATION FOR AIR
TRAFFIC
SERVICES....................................................
.......44601".
SEC. 502. RELATIONSHIP OF ATS AND THE ADMINISTRATOR.
Section 106 is amended by inserting at the end the
following new subsection:
"(r) Relationship of Administrator and ATS.--(1) The
Administrator shall delegate such functions, powers, and
duties to the performance-based organization for air traffic
services (ATS) established under chapter 446 of this title
as the Administrator deems necessary to fulfill the
requirements of the Federal Aviation Administration
Authorization Act of 1999.
"(2) The Administrator shall retain final authority
over the actions of the ATS that affect aviation safety and
security, government-wide federal mandates and policies,
national security, and international negotiations,
agreements, and obligations of the United States.
"(3) Not later than September 30, 2000, the
Administrator shall issue a written delegation that
specifies--
"(A) the air-traffic-system-related functions,
powers, and duties to be exercised by the ATS, to
ensure clear lines of authority and responsibility for
the safe and efficient movement of air traffic;
"(B) the subject matter in which a decision,
action, or policy of the Chief Operating Officer shall
have the effect of a final agency action or order; and
"(C) the allocation of Federal Aviation
Administration administrative expenses to the ATS and
the basis for reimbursement by the ATS of their cost.".
SEC. 503. FIVE-YEAR EVALUATION.
Not later than five years after the enactment of the
Federal Aviation Administration Authorization Act of 1999,
the Secretary of Transportation shall provide to the
President and Congress a report on the operation and
effectiveness of the provisions of this title of this Act
and the costs associated therewith. As part of the report,
the Secretary shall include any recommendations for
legislation the Secretary deems necessary or appropriate as
a result of his or her analysis of the operation and
effectiveness of this title and the costs associated
therewith.
SEC. 504. FEES FOR AIR TRAFFIC SERVICE.
(a) Chapter 453 of subtitle VII is amended by
designating sections 45301-45305 as Subchapter I and
inserting immediately thereafter the following:
"SUBCHAPTER II--AIR TRAFFIC SERVICE FEES
"Sec. 45331. Air traffic service fees
"(a) General.--(1) The Chief Operating Officer (COO)
of the performance-based organization for air traffic
services established by section 44602 of this title
(hereinafter referred to as the ATS) shall prescribe and
regularly update a schedule of fees or other charges for air
traffic and related services that are provided by the ATS to
air carrier, foreign air carrier, and other non-public/non-
military aircraft.
"(2) Fees shall--
"(A) reflect the cost of providing ATS services,
including costs associated with the replenishment for
depreciation, research, engineering, and development,
and the operation and maintenance of facilities and
infrastructure;
"(B) be computed in a manner that portrays use of
the system by all categories of users;
"(C) be based on costs, which shall, to the extent
practicable, be derived from generally accepted cost
accounting principles;
"(D) not unreasonably discriminate against a
particular category of users of the air traffic system;
and
"(E) conform to obligations of the United States
Government under international agreements.
"(3) In developing the initial fees, the COO may use
the services of experts and consultants, and may contract on
a non-competitive basis, notwithstanding any other provision
of law to the contrary, to develop air traffic service user
fees. The COO shall publish the proposed initial fee
schedule in the Federal Register.
"(4) A schedule of fees or charges, including the
initial schedule of fees or charges, shall not be made final
if the Secretary of Transportation determines, within 45
days of the receipt of a proposed final fee schedule from
the COO, that the schedule is not consistent with the
requirements of this section.
"(b) Calculation of Fees.--A fee imposed under this
section for a category of service shall--
"(1) be based, to the extent equitable, on the
cost of providing the service to a specific user, based
upon the best available data derived from a cost
accounting system that measures all costs associated
with depreciation, research, engineering, and
development, and the operation and maintenance of
facilities and infrastructure of the ATS; provided,
that no re-distribution of costs to another category of
user shall result; and
"(2) differentiate between the provision of
services related to the landing and takeoff of aircraft
and the provision of services related to handling
aircraft in flight.
"(c) Imposition of Fees.--(1) The aggregate amount of
fees or charges imposed under the authority of this section
in a fiscal year shall, when combined with amounts provided
annually under section 48302 of this title, be sufficient to
pay the projected total expenditures of the ATS, subject to
appropriations, for a fiscal year.
"(2) Subject to the review provisions of this section,
the COO shall, on and after May 15, 2001, impose a fee or
charge for each use of a category of service by a person who
is responsible for remitting tax to the U.S. Treasury under
section 4261 or 4271 of the Internal Revenue Code of 1986
(26 U.S.C. 4261, 4271), as in effect of the date of
enactment of this section.
"(3) The COO shall not impose a fee or charge for each
use of a category of service by a person who is not
responsible for remitting tax to the U.S. Treasury under
section 4261 or 4271 of the Internal Revenue Code of 1986
(26 U.S.C. 4261, 4271), as in effect of the date of
enactment of this section.
"(4) The COO shall not impose a fee or charge for
service for military and civilian aircraft of a foreign
government.
"(d) Consultation with ATS Subcommittee.--In developing
a fee schedule, the COO shall consult with the ATS
Subcommittee established under section 44603 of this title
and, to the extent possible, seek to develop a consensus.
"(e) Notice to Congress.--The COO 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 each fee
schedule 60 days before the final fees become effective.
"(f) Publication of Fee Schedule.--The COO shall
publish each fee schedule in the Federal Register at least
30 days before the fees become effective. The development
and publication of a fee schedule under this section shall
not be subject to the rulemaking provisions of title 5,
United States Code.
"(g) Collection And Availability Of Fees.--Fees
authorized under this subchapter shall be collected and
available for obligation only to the extent and in the
amount provided in advance in appropriations acts. Such fees
are authorized to be appropriated to remain available until
expended.
"Sec. 45332. Fees for international aircraft movements
"(a) General.-- Fees may be imposed under this
subchapter on any commercial operation involving air traffic
control services provided by the United States but not
subject to tax under section 4261 of title 26, United States
Code, as long as the fees are consistent with international
agreements.
"(b) Fee Payment in Lieu of Overflight Fee.-- To the
extent that a person pays a fee under this subchapter to the
ATS for a service, the service is not subject to the
imposition of a fee under section 45301 of this title.
"Sec. 45333. Collection of fees
"(a) Fees Payable to the ATS.--Notwithstanding section
3302 of title 31, all fees imposed and amounts collected
under this subchapter for the ATS shall be credited to the
Airport and Airway Trust Fund as specified by chapter 483 of
this title and shall be accounted for separately within the
Fund.
"(b) Collection of Payments.--The ATS shall comply with
the debt collection provisions of subchapter II of chapter
37 of title 31 and the Department of Transportation
implementing regulations in 49 CFR part 89 except that,
notwithstanding any other provision of law, the ATS shall
have the authority to compromise all claims and litigate the
collection of claims.
"Sec. 45334. Initial imposition of fees; Congressional
review procedure
"(a) General.--(1) Subject to the review procedures of
this section, the COO shall impose an initial schedule of
fees or charges under this subchapter that applies to air
traffic services provided after May 15, 2001.
"(2) The COO shall issue a final initial fee schedule
under this section, after public hearing and comment and
consultation with the ATS Subcommittee established under
section 44603 of this title, not later than March 1, 2001.
"(b) Congressional review.--Not later than March 1,
2001, the COO shall transmit copies of the final fee
schedule issued under this section to the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives.
"(2) The COO may not implement the initial fee schedule
if a joint resolution is enacted, in accordance with the
provisions of this section, disapproving the schedule before
the earlier of the--
"(A) end of the 60-day period beginning on the
date on which the fee schedule is transmitted to
Congress; or
"(B) adjournment of Congress sine die for the
session during which the fee schedule is transmitted.
"(3) For purposes of this section, the days on which
either House of Congress is not in session because of an
adjournment of more than three days to a day certain shall
be excluded in the computation of a 60-day period.
"(c) Joint Resolution of Disapproval.--(1) For purposes
of this section, the term 'joint resolution' means only a
joint resolution which is introduced within the 10-day
period beginning on the date on which the COO transmits the
fee schedule to the Congress under this section, and--
"(A) which does not have a preamble;
"(B) the matter after the resolving clause of
which is as follows: 'That Congress disapproves the
funding proposal submitted by the ATS Chief Operating
Officer established by 49 U.S.C. 44603 on - - -', the
blank space being filled in with the appropriate date;
and
"(C) the title of which is as follows: 'Joint
resolution disapproving the ATS funding proposal
submitted by the ATS Chief Operating Officer
established by 49 U.S.C. 44603.'
"(2) A resolution described in paragraph (1) of this
subsection that is introduced in the House of
Representatives shall be referred to the Committee on
Transportation and Infrastructure of the House of
Representatives. A resolution described in paragraph (1) of
this subsection introduced in the Senate shall be referred
to the Committee on Commerce, Science, and Transportation of
the Senate.
"(3) If the committee to which a resolution described
in paragraph (1) of this subsection is referred has not
reported the resolution (or an identical resolution) by the
end of the 30-day period beginning on the date on which the
fee schedule is transmitted to Congress, the committee shall
be, at the end of such period, discharged from further
consideration of such resolution, and such resolution shall
be placed on the appropriate calendar of the House involved.
"(d) Consideration.--(1) On or after the third day
after the date on which the committee to which a resolution
is referred has reported, or has been discharged (under
subsection (c) of this section) from further consideration
of, such a resolution, it is in order (even though a
previous motion to the same effect has been disagreed to)
for any Member of the respective House to move to proceed to
the consideration of the resolution. A Member may make the
motion only on the day after the calendar day on which the
Member announces to the House concerned the Member's
intention to make the motion, except that, in the case of
the House of Representatives, the motion may be made without
such prior announcement if the motion is made by direction
of the committee to which the resolution was referred. All
points of order against the resolution (and against
consideration of the resolution) are waived. The motion is
highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion
is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in order.
If a motion to proceed to the consideration of the
resolution is agreed to, the respective House shall
immediately proceed to consideration of the joint resolution
without intervening motion, order, or other business, and
the resolution shall remain the unfinished business of the
respective House until disposed of.
"(2) Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be
limited to not more than 2 hours, which shall be divided
equally between those favoring and those opposing the
resolution. An amendment to the resolution is not in order.
A motion further to limit debate is in order and not
debatable. A motion to postpone, or a motion to proceed to
the consideration of other business, or a motion to recommit
the resolution is not in order. A motion to reconsider the
vote by which the resolution is agreed to or disagreed to is
not in order.
"(3) Immediately following the conclusion of the debate
on a resolution described in subsection (c) of this section
and a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the appropriate
House, the vote on final passage of the resolution shall
occur.
"(4) Appeals from the decisions of the Chairperson
relating to the application of the rules of the Senate or
the House of Representatives, as the case may be, to the
procedure relating to a resolution described in subsection
(c) of this section shall be decided without debate.
"(e) Consideration by Other House.-- (1) If, before the
passage by one House of a resolution of that House described
in subsection (c) of this section, that House receives from
the other House a resolution described in subsection (c),
then the following procedures shall apply:
"(A) The resolution of the other House shall not
be referred to a committee and may not be considered in
the House receiving it except in the case of final
passage as provided in clause (B)(ii) of this
paragraph.
"(B) With respect to a resolution of the House
receiving the resolution--
"(i) the procedure in that House shall be the
same as if no resolution had been received from
the other House; but
"(ii) the vote on final passage shall be on
the resolution of the other House.
"(2) Upon disposition of the resolution received from
the other House, it shall no longer be in order to consider
the resolution that originated in the receiving House.
"(f) Rules of the Senate and House.--Subsections (b)-
(f) of this section are enacted by Congress--
"(1) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such are deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
resolution described in subsection (a) of this section,
and it supersedes other rules only to the extent that
it is inconsistent with such rules; and
"(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
"(g) Certification of Delay.--In the event that the COO
is unable to transmit to Congress by March 1, 2001, the
initial schedule of fees or charges imposed under this
subchapter, the COO shall certify to Congress the basis for
the delay and shall advise Congress of the earliest
practicable date for compliance with the notice and review
requirements of this section.".
(b) Conforming amendments.--(1) Section 45303(c)
is amended by striking "Administration," the first
place it appears and substituting "Administration
(other than under section 45305 and Subchapter II of
this chapter),".
(2) The analysis of chapter 453 is amended to read
as follows:
"SUBCHAPTER I--GENERAL REQUIREMENTS
"Sec.
"45301. General provisions.
"45302. Fees involving aircraft not providing air
transportation.
"45303. Administrative provisions.
"45304. Maximum fee for private person services.
"45305. Transitional User Fee Authority.
"SUBCHAPTER II--AIR TRAFFIC SERVICES
"45331. Air traffic service fees.
"45332. Fees for international aircraft movements.
"45333. Collection of fees.
"45334. Initial imposition of fees; Congressional review
procedure.".
SEC. 505. FINANCING A PERFORMANCE BASED ORGANIZATION FOR
AIR TRAFFIC SERVICES.
(a) Subtitle VII is amended by inserting after chapter
482 the following:
"CHAPTER 483--FINANCING A PERFORMANCE BASED ORGANIZATION FOR
AIR TRAFFIC SERVICES
"Sec.
"48301. Deposit and use of ATS fees.
"48302. Authorization of appropriations.
"Sec. 48301. Deposit and use of ATS fees
"(a) Deposits to Airport and Airway Trust Fund.--There
shall be deposited into the Airport and Airway Trust Fund
(26 U.S.C. 9502)--
"(1) fees and amounts collected under Subchapter II of
chapter 453 of this title;
"(2) fees collected under section 45305; and
"(3) any other amounts the ATS is authorized to
collect.
"(b) Expenditures of Funds Deposited.--(1) The funds
deposited under subsection (a) shall be available without
fiscal-year limitation for the payment of all obligations
that the performance-based organization for air traffic
services established by section 44602 of this title
(hereinafter referred to as the ATS) incurs in carrying out
its functions, powers, and duties under chapter 446 of this
title.
(2) Deposits under subsection (a) are available to the
extent and in the amounts provided for by appropriations
acts.
"Sec. 48302. Authorization of appropriations
"(a) General.--On and after May 15, 2001, there is
authorized to be appropriated without fiscal-year limitation
to the performance-based organization for air traffic
services established by section 44602 of this title
(hereinafter referred to as the ATS) the amounts set forth
in subsections (b), (c), and (d) of this section, to carry
out powers, functions, and duties established under chapter
446 of this title.
"(b) Air Traffic User Fees.--In each of fiscal years
2001-2004, there is authorized to be appropriated from the
Airport and Airway Trust Fund an amount from fees and
charges collected as may be necessary for each of fiscal
years 2001-2004.
"(c) General Aviation Fuel Taxes.--In each of fiscal
years 2001-2004, there is authorized to be appropriated from
the Airport and the Airway Trust Fund amounts equivalent to
the amounts paid after May 15, 2001, in respect of aviation
fuels, including gasoline, used in non-commercial aircraft
under sections 4041(c), 4081, and 4091 of title 26, United
States Code (26 U.S.C. 4041(c), 4081, 4091).
"(d) Other Funding.--In each of fiscal years 2001-2004,
there is authorized to be appropriated from the Airport and
the Airway Trust Fund such sums as may be necessary for each
of fiscal years 2001-2004.".
(b) Conforming Amendment.--The analysis of Subtitle VII
is amended by adding the following after the entry for
chapter 482:
"483. FINANCING A PERFORMANCE BASED ORGANIZATION
FOR AIR TRAFFIC
SERVICES........ŠŠŠŠŠ..........48301".
SEC. 506. ADJUSTMENT OF CERTAIN AVIATION EXCISE TAXES.
(a) On the date on which the Budget of the United States
Government is transmitted to Congress in 2000, and on that date
in each year thereafter, if the sum of revenue from fees
projected to be collected under section 45305 and subchapter II
of this title in the upcoming fiscal year and amounts equivalent
to excise taxes projected to be credited to the Airport and
Airway Trust Fund in that fiscal year does not equal the
budgetary requirements for the Federal Aviation Administration
for the succeeding year, as shown in the Budget of the United
States Government for the upcoming fiscal year, aviation excise
taxes that would otherwise be imposed in the upcoming fiscal year
shall be adjusted as follows:
(1) Passenger Ticket Tax.--The rate of tax imposed
under section 4261(a) of the Internal Revenue Code of 1986
(26 USC 4261(a)) is adjusted pursuant to the calculation
made for each fiscal year under subsection (b) of this
section.
(2) International Arrivals and Departures.--The rate of
tax imposed under section 4261(c) of the Internal Revenue
Code of 1986 (26 USC 4261(c)) is adjusted pursuant to the
calculation made for each fiscal year under subsection (b)
of this section.
(3) Air Cargo.--The rate of tax imposed under section
4271 of the Internal Revenue Code of 1986 (26 USC 4271) is
adjusted pursuant to the calculation made for each fiscal
year under subsection (b) of this section.
(4) Domestic Passenger Flight Segments.--The rate of
tax imposed under section 4261(b) of the Internal Revenue
Code of 1986 (26 USC 4261(b)) is adjusted pursuant to the
calculation made for each fiscal year under subsection (b)
of this section.
(5) Passenger Ticket Tax -- Rural Airports.--The rate
of tax imposed under section 4261(e)(1) of the Internal
Revenue Code of 1986 (26 USC 4261(e)(1)) is adjusted
pursuant to the calculation made for each fiscal year under
subsection (b) of this section.
(6) Frequent Flyer Tax.--The rate of tax imposed under
section 4261(e)(3) of the Internal Revenue Code of 1986 (26
USC 4261(e)(3)) is adjusted pursuant to the calculation made
for each fiscal year under subsection (b) of this section.
(7) Commercial Aviation Fuel Tax.--The rate of tax not
exempted under section 4291(b)(2) of the Internal Revenue
Code of 1986 (26 U.S.C. 4291(b)(2)) is adjusted pursuant to
the calculation made for each fiscal year under subsection
(b) of this section.
(b) On the date on which the Budget of the United
States Government is transmitted to Congress in 2000, and on
that date in each year thereafter, the Secretary of the
Treasury, in consultation with the Secretary of
Transportation, shall calculate a percent figure for the
upcoming fiscal year as follows:
(1) The Secretary of the Treasury shall estimate the
budgetary requirements for the Federal Aviation
Administration for the succeeding fiscal year based on the
Budget of the United States Government.
(2) The Secretary of the Treasury shall estimate the
amount of user fees imposed under 49 U.S.C. 45305, 45331,
and 45332 to be collected for the upcoming fiscal year.
(3) The Secretary of the Treasury shall estimate the
receipts in the upcoming fiscal year from taxes that, but
for this section, would be imposed under sections 4261(a)
(passenger ticket tax), 4261(c) (international arrivals and
departures), 4271 (transportation of property) of the
Internal Revenue Code of 1986, 4261(b) (domestic passenger
flight segments), 4261(e)(1) (passenger ticket tax-rural
airports), and 4261(e)(3) (frequent flyer tax).
(4) On the date on which the Budget of the United
States Government is transmitted to Congress in 2002, and on
that date in each year thereafter, the Secretary of Treasury
shall calculate the amount that actual budget resources, in
the fiscal year that is one year earlier than the current
year, and user fee and tax receipts credited to the Airport
and Airway Trust Fund, in the fiscal year that is two years
earlier than the current year, varied from the amounts
projected in the calculation previously made for the fiscal
year that is two years earlier than the current year under
this subsection or section 45305(d). The resulting positive
or negative amount shall be added to the estimated amount
calculated under paragraph (3).
(5) The Secretary of the Treasury shall subtract the
amount calculated under paragraph (2) from the amount
calculated under paragraph (1) and divide that result by the
amount calculated under paragraph (3), after any adjustment
under paragraph (4). If the result is less than 1, subtract
the resulting percentage from 100 percent. The percent that
taxes are to be reduced for the upcoming fiscal year under
subsection (a) is the result of this calculation. If the
result is greater than 1, subtract 1 from the result. The
percent that taxes are to be increased for the upcoming
fiscal year under subsection (a) is the result of this
calculation.
TITLE VI--FAMILY ASSISTANCE
SEC. 601. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY
BOARD.
(a) Prohibition on Unsolicited Communications.--
(1) In general.--Section 1136(g)(2) is amended--
(A) by inserting after "transportation," the
following: "and in a case involving a foreign air
carrier and an accident that occurs within the
United States,";
(B) by inserting after "attorney" the
following: "(including any associate, agent,
employee, or other representative of the
attorney)"; and
(C) by striking "30th day" and inserting
"45th day".
(2) Enforcement.--(A) Section 1113(a)(4) is amended by
striking "Board," and substituting "Board, or takes an
action prohibited by section 1136(g) of this title,".
(B) Section 1151 is amended by inserting "1136(g),"
before "or 1155(a)" each place it appears.
(b) Prohibition on Actions To Prevent Mental Health and
Counseling Services.--Section 1136(g) is amended by adding
at the end the following:
"(3) Prohibition on actions to prevent mental health
and counseling services.--No State or political subdivision
may prevent the employees, agents, or volunteers of an
organization designated to assist at an accident under
subsection (a)(2) from providing mental health and
counseling services under subsection (c)(1) in the 30-day
period beginning on the date of the accident. The director
of family support services designated for the accident under
subsection (a)(1) may extend such period for not to exceed
an additional 30 days if the director determines that the
extension is necessary to meet the needs of the families and
if State and local authorities are notified of the
determination.".
(c) Inclusion of Non-Revenue Passengers in Family
Assistance Coverage.--Section 1136(h)(2) is amended to read
as follows:
"(2) Passenger.--The term 'passenger' includes--
"(A) an employee of an air carrier or foreign
air carrier aboard an aircraft; and
"(B) any other person aboard the aircraft
without regard to whether the person paid for the
transportation, occupied a seat, or held a
reservation for the flight.".
(d) Limitation on Statutory Construction.--Section 1136
is amended by adding at the end the following:
"(i) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
an air carrier may take, or the obligations that an air
carrier may have, in providing assistance to the families of
passengers involved in an aircraft accident.".
(e) Family Support Clarifications.--(1) Section
1136(c)(4) is amended by deleting ", government agencies,
and the air carrier or foreign air carrier involved".
(2) The phrase "family affairs" is substituted for
"family support services" wherever it appears in sections
1136, 41113, and 41313.
SEC. 602. AIR CARRIER PLANS.
(a) Contents of Plans.--
(1) Flight reservation information.--Section 41113(b)
is amended by adding at the end the following:
"(14) An assurance that, upon request of the
family of a passenger, the air carrier will inform the
family of the status of the review of the verification
of the passenger manifest, including whether the
passenger's name appeared on a preliminary passenger
manifest for the flight involved in the accident.".
(2) Training of employees and agents.--Section 41113(b)
is further amended by adding at the end the following:
"(15) An assurance that the air carrier will
provide adequate training to the employees and agents
of the carrier to meet the needs of survivors and
family members following an accident.".
(3) Submission of updated plans.--The amendments made
by paragraphs (1) and (2) shall take effect on the 180th day
following the date of enactment of this Act. On or before
such 180th day, each air carrier holding a certificate of
public convenience and necessity under section 41102 of
title 49, United States Code, shall submit to the Secretary
of Transportation and the Chairman of the National
Transportation Safety Board an updated plan under section
41113 of such title that meets the requirement of the
amendments made by paragraphs (1) and (2).
(4) Conforming amendments.--Section 41113 is amended--
(A) in subsection (a) by striking "Not later
than 6 months after the date of the enactment of
this section, each air carrier" and inserting
"Each air carrier"; and
(B) in subsection (c) by striking "After the
date that is 6 months after the date of the
enactment of this section, the Secretary" and
inserting "The Secretary".
(b) Limitation on Liability.--Section 41113(d) is
amended by inserting ", or in providing information
concerning a flight reservation," before "pursuant to a
plan".
(c) Limitation on Statutory Construction.--Section
41113 is amended by adding at the end the following:
"(f) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
an air carrier may take, or the obligations that an air
carrier may have, in providing assistance to the families of
passengers involved in an aircraft accident.".
(d) Consultation on Carrier Response Not Covered by a
Plan.--Section 41113(c), as amended by this section, is
further amended by striking "of such application" and all
that follows and substituting the following:
"of such application--
"(1) a plan that meets the requirements of
subsection (b); and
"(2) an agreement that, in the event that the air
carrier volunteers assistance to United States citizens
within the United States in the case of an aircraft
accident outside the United States involving major loss
of life, the air carrier will consult with the Board
and the Department of State on the provision of
assistance.".
SEC. 603. FOREIGN AIR CARRIER PLANS.
(a) Inclusion of Non-Revenue Passengers in Family
Assistance Coverage.--Section 41313(a)(2) is amended to read
as follows:
"(2) Passenger.--The term 'passenger' has the
meaning given such term by section 1136 of this
title.".
(b) Accidents for Which Plan Is Required.--Section
41313(b) is amended by striking "significant" and inserting
"major".
(c) Contents of Plans.--
(1) In general.--Section 41313(c) is amended by adding
at the end the following:
"(15) An assurance that, upon request of the
family of a passenger, the air carrier will inform the
family of the status of the review of the verification
of the passenger manifest, including whether the
passenger's name appeared on a preliminary passenger
manifest for the flight involved in the accident.
"(16) An assurance that the foreign air carrier
will provide adequate training to the employees and
agents of the carrier to meet the needs of survivors
and family members following an accident.".
(2) Submission of updated plans.--The amendment made by
paragraph (1) shall take effect on the 180th day following
the date of enactment of this Act. On or before such 180th
day, each foreign air carrier providing foreign air
transportation under chapter 413 of title 49, United States
Code, shall submit to the Secretary of Transportation and
the Chairman of the National Transportation Safety Board an
updated plan under section 41313 of such title that meets
the requirement of the amendment made by paragraph (1).
(d) Consultation on Carrier Response Not Covered by a
Plan.--Section 41313(d) is amended by striking "request for
exemption" and all that follows and substituting the
following:
"request for exemption--
"(1) a plan that meets the requirements of
subsection (c); and
"(2) an agreement that, in the event that the
foreign air carrier volunteers assistance to United
States citizens within the United States in the case of
an aircraft accident outside the United States
involving major loss of life, the foreign air carrier
will consult with the Board and the Department of State
on the provision of assistance.".
SEC. 604. APPLICABILITY OF DEATH ON THE HIGH SEAS ACT.
(a) In General.--Section 40120(a) is amended by
inserting "(including the Act entitled 'An Act relating to
the maintenance of actions for death on the high seas and
other navigable waters', approved March 30, 1920, commonly
known as the Death on the High Seas Act (46 U.S.C. App. 761-
767; 41 Stat. 537-538))" after "United States".
(b) Applicability.--The amendment made by subsection
(a) applies to civil actions commenced after the date of
enactment of this Act and to civil actions that are not
adjudicated by a court of original jurisdiction or settled
on or before such date of enactment.
TITLE VII--PASSENGER SERVICE AVAILABILITY; MAIL RATES
SEC. 701. NON-DISCRIMINATION IN AIRLINE TRAVEL.
(a) Section 41310(a) is amended by redesignating the
existing paragraph as paragraph 41310(a)(1).
(b) Section 41310(a)(1), as redesignated, is amended
by striking "person,".
(c) Section 41310(a) is further amended by adding the
following at the end:
"(2) An air carrier or foreign air carrier may not
subject a person in foreign air transportation to
unreasonable discrimination, including discrimination on the
basis of race, color, national origin, religion, or sex.
"(3) Subject to the restriction of section 40105(b) of
this title, in providing foreign air transportation, a
foreign air carrier may not discriminate against an
otherwise qualified individual on the following grounds:
"(1) the individual has a physical or mental
impairment that substantially limits one or more major
life activities.
"(2) the individual has a record of such
impairment.
"(3) the individual is regarded as having such an
impairment.".
(d) Section 41702 is amended by redesignating the
existing text as subsection 41702(a), with "SAFE AND
ADEQUATE AIR TRANSPORTATION" as the caption.
(e) Section 41702 is further amended by adding the
following at the end:
"(b) DISCRIMINATION AGAINST PERSONS. - An air carrier
may not subject a person in interstate air transportation to
unreasonable discrimination, including discrimination on the
basis of race, color, national origin, religion, or sex.".
(f) Section 46107 is amended by adding the following
new subsection at the end:
"(d) CIVIL ACTIONS TO ENFORCE SECTIONS 41310(a)(2),
41310(a)(3), 41702(b), and 41705.--(1) The Attorney General
may act to enforce sections 41310(a)(2), 41310(a)(3),
41702(b), and 41705 of this title by instituting a civil
proceeding seeking damages for persons injured as a result
of past violations of those sections and for preventive
relief, including an application for a permanent or
temporary injunction, restraining order or other order,
whenever the Attorney General--
"(A) determines that the matters alleged are of
general public importance or where there is evidence of
a pattern or practice of discrimination; or
"(B) agrees with the Secretary of Transportation's
referral of a complaint alleging a violation of
sections 41310(a)(2), 41310(a)(3), 41702(b), or 41705
filed with the Department of Transportation.
"(2) Prior to instituting any action authorized by this
paragraph, the Attorney
General shall pursue alternate methods of dispute resolution
in an attempt to
resolve the matter.".
(g) Section 46301(a) is amended by adding the following
new section 46301(a)(7):
"(7) Notwithstanding paragraph (1), the maximum civil
penalty for violating sections 41310(a)(2), 41310(a)(3),
41702(b), or 41705 shall be $10,000 instead of $1,000.".
(h)(1) Chapter 461 is amended by adding the following
at the end:
"Sec. 46111. Enforcement of discrimination provisions by
interested persons
"(a) CIVIL ACTIONS.--Whenever a person has engaged, or
there are reasonable grounds to believe that a person is
about to engage, in any act or practice prohibited by
sections 41310(a)(2), 41310(a)(3), 41702(b), or 41705 of
this title, a civil action for damages, for past activity,
and for preventive relief, including an application for a
permanent or temporary injunction, restraining order, or
other order, may be instituted by the person aggrieved and,
upon timely application, the court may, in its discretion,
permit the Attorney General to intervene in such civil
action if the Attorney General certifies that the case is of
general public importance.
"(b) ATTORNEY'S FEES.--In any action commenced under
sections 41310(a)(2), 41310(a)(3), 41702(b) or 41705 of this
title, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable
attorney's fee as part of the costs.".
(2) The analysis for Chapter 461 is amended by the
addition at the end of the following:
"46111. Enforcement of discrimination provisions by
interested persons.".
SEC. 702. AIRLINE SERVICE RESTORATION PILOT PROGRAM.
(a) Chapter 417 is amended by adding the following at the
end:
"SUBCHAPTER III--AIRLINE SERVICE RESTORATION
"Sec. 41761. Pilot program project authority
"(a) GENERAL.--The Secretary of Transportation shall
establish a pilot program to assist communities and states
with inadequate access to the national transportation system
to improve their access to the system.
"(b) PROJECT AUTHORITY.--Under the pilot program
established under subsection (a), the Secretary may--
"(1) provide financial assistance by way of grants
to small communities under this chapter; and
"(2) take such other action as may be appropriate.
"(c) OTHER ACTION.--Under the pilot program established
under subsection (a), the Secretary may facilitate service
by--
"(1) working with airports and air carriers to
ensure that appropriate facilities are made available
at an essential airport facility, as defined in section
41717 of this title;
"(2) requiring interline or joint-fare agreements
between air carriers for domestic United States service
if necessary to facilitate access to an essential
airport facility, as defined in section 41717 of this
title, for participants in the program, subject to the
right of a carrier being required to enter into such
agreements to impose reasonable safety, service, and
other obligations on the potential partner;
"(3) collecting data on air carrier service to
small communities; and
"(4) providing policy recommendations to stimulate
air service and competition to small communities.
"Sec. 41762. Assistance to communities for service
"(a) GENERAL.--(1) Financial assistance provided under
this subchapter as part of the pilot program established
under section 41761(a) shall be implemented at any time for
not more than--
"(A) four communities within a state; and
"(B) 40 communities in the entire program.
"(2) In this section, a 'community ' includes a group
or consortium of communities acting as a single applicant.
"(b) ELIGIBILITY.--To participate in a pilot project
under this subchapter, a state, community, or group of
communities shall apply to the Secretary in such form and at
such time, and shall supply such information, as the
Secretary may require, and shall demonstrate to the
satisfaction of the Secretary that--
"(1) the applicant has an identifiable need for
access, or improved access, to the national air
transportation system that would benefit the public;
"(2) the pilot project will provide material
benefits to a broad section of the travelling public,
businesses, educational institutions, and other
enterprises whose access to the national air
transportation system is limited;
"(3) the pilot project will not impede
competition; and
"(4) the applicant has established, or will
establish, public-private partnerships in connection
with the pilot project to facilitate service to the
public; and
"(5) the pilot project will not impose adverse
environmental impacts.
"(c) COORDINATION WITH SUBCHAPTER II.--The Secretary
shall carry out this subchapter in such a manner as to
complement action taken under subchapter II of this chapter.
To the extent the Secretary determines to be appropriate,
the Secretary may adopt criteria for implementation of this
subchapter that are the same as, or similar to, the criteria
developed under subchapter II for determining which airports
are eligible under that subchapter.
"(d) MAXIMIZATION OF PARTICIPATION.--The Secretary
shall structure the program established under section
41761(a) in a way designed to--
"(1) permit the participation of the maximum
feasible number of communities over a 5-year period by
limiting the number of years of participation or
otherwise; and
"(2) obtain the greatest possible leverage from
the financial resources available to the Secretary and
the applicant by--
"(A) progressively decreasing, on a project-
by-project basis, any federal financial incentives
provided under this chapter over the 5-year
period; and
"(B) terminating as early as feasible federal
financial incentives for any project determined by
the Secretary after its implementation to be--
"(i) viable without further support
under this subchapter; or
"(ii) failing to meet the purposes of
this chapter or criteria established by the
Secretary under the pilot program.
"(e) SUCCESS BONUS.--If federal financial incentives to
a community are terminated under subparagraph (d)(2)(B)
because of the success of the program in that community,
then that community may receive a one-time incentive grant
to ensure the continued success of the program.
"(f) PROGRAM TO TERMINATE IN 5 YEARS.--No new financial
assistance may be provided under this subchapter for any
fiscal year beginning more than 5 years after the date of
enactment of authorizations for this subchapter.
"(g) LIMITS ON FINANCIAL ASSISTANCE.--The Secretary may
not provide financial assistance under this subchapter to a
community in a fiscal year in excess of the lesser of--
"(1) up to 75 percent of the total annual
financial assistance involved in the service; or
"(2) $500,000.
"Sec. 41763. Additional authority
In carrying out this subchapter, the Secretary--
"(1) may provide assistance to states and
communities in the design and application phase of any
project under this chapter, and oversee the
implementation of any such project;
"(2) may assist states and communities in putting
together projects under this chapter to utilize private
sector resources, other Federal resources, or a
combination of public and private resources;
"(3) may accord priority to service by jet
aircraft;
"(4) may take such action as may be necessary to
ensure that financial resources, facilities, and
administrative arrangements made under this chapter are
used to carry out the purposes of this subchapter; and
"(5) shall work with the Federal Aviation
Administration on airport and air traffic control needs
of communities in the program.
"Sec. 41764. Authorization of appropriations
"(a) GENERAL.--There is authorized to be appropriated
not more than $25,000,000 from fiscal year 2001 through 2005
to carry out this subchapter.
"(b) SUCCESS BONUS.--If the Secretary determines that
the program carried out under this subchapter is successful
in providing enhanced air carrier service to small
communities, there is authorized to be appropriated an
additional amount, not in excess of $5,000,000, for each of
fiscal years 2004 and 2005 to carry out this subchapter out
of the funds.".
(b) The analysis for Chapter 417 is amended by the
addition at the end of the following:
"SUBCHAPTER III--AIRLINE SERVICE RESTORATION
"41761. Pilot program project authority.
"41762. Assistance to communities for service.
"41763. Additional authority.
"41764. Authorization of appropriations.".
SEC. 703. WAIVER OF LOCAL CONTRIBUTION.
Section 41736(b)(4) is amended by inserting "in the
case of a community approved for service under this section
before October 1, 1991, or after December 31, 1997," before
"the State or".
SEC. 704. JOINT FARES AND INTERLINE AGREEMENTS.
(a) Subchapter I of chapter 417 is amended by adding at
the end the following:
"Sec. 41717. Joint fares and interline agreements for
domestic transportation
"(a) DEFINITIONS.--In this section--
"(1) 'qualifying air carrier' means an air carrier
that operates under a certificate of public convenience
and necessity under chapter 411 of this title.
"(2) 'under-served market' means a commercial
service airport that is a nonhub airport (as defined in
section 41731 of this title), a small hub airport (as
defined in section 41731 of this title), or an airport
that is smaller than a small hub airport.
"(3) 'essential airport facility' means a large
hub airport (as defined in section 41731 of this title)
in the contiguous 48 states at which one carrier has
more than 50 percent of total annual enplanements.
"(b) SECRETARY MAY COMPEL JOINT FARE STRUCTURE.--If the
Secretary of Transportation determines that it is necessary
to facilitate service to a small community, the Secretary
may require an air carrier that serves an essential airport
facility to enter into a joint-fare or interline agreement,
that the Secretary determines is reasonable, with a
qualifying air carrier that serves an under-served market to
facilitate air transportation in the market.".
(b) The analysis for subchapter I of chapter 417 is
amended by inserting at the end the following:
"41717. Joint fares and interline agreements for domestic
transportation.".
SEC. 705. POLICY FOR AIR SERVICE TO RURAL AREAS.
Section 40101(a) is amended by adding at the end the
following:
"(16) ensuring that consumers in all regions of
the United States, including those in small communities
and rural and remote areas, have access to affordable,
regularly scheduled air service.
"(17) ensuring that slots provided to air carriers
to provide small community air service are withdrawn if
the carrier fails to provide the service.".
Sec. 706. CLARIFICATION OF AIR CARRIER CODESHARING
OBLIGATIONS.
Section 41739 is amended to read as follows:
"Sec. 41739. Air carrier obligations
"If at least 2 air carriers make an agreement to
operate under or use a single carrier designator code to
provide air transportation, the carrier whose code is being
used shares responsibility with the other carriers for the
level and quality of transportation provided the public
under the code by the other carriers, including providing
full service at Essential Air Service communities under
subchapter II of this chapter.".
SEC. 707. REPEAL OF MAIL RATE-SETTING AUTHORITY.
(a) Effective December 31, 1998, section 4(k) of the
Act of July 5, 1994 (Public Law 103-272, 108 Stat. 1370), as
amended by section 7(a)(3)(D) of the
Act of October 31, 1994 (Public Law 103-429 , 108 Stat.
4329), is repealed.
(b) Section 41901(a) is amended to read as follows:
"(a) TITLE 39--The United States Postal Service may
provide for the transportation of mail by aircraft in air
transportation under this chapter and under chapter 54 of
title 39.".
(c) In section 41902(b)--
(1) strike clause (1);
(2) redesignate clauses (2), (3), and (4) as
clauses (1), (2), and (3), respectively; and
(3) in clause (2), as redesignated, strike
"clauses (1) and (2)" and substitute "clause (1)".
(d) Section 41907(b) is repealed.
(e) Sections 41107, 41901(b), 41902(a), 41903(a), and
41903(b) are amended by striking "in foreign air
transportation or".
(e) Effective date.--The amendments made by subsections
(b)-(e) of this section take effect October 1, 2000.
SEC. 708. ACCESS TO HIGH DENSITY AIRPORTS.
(a) Effective September 30, 2004, the requirements of
Subparts K and S of Part 93 of title 14, Code of Federal
Regulations, are of no force and effect at an airport other
than Ronald Reagan Washington National Airport. The
Secretary of Transportation is authorized to undertake
appropriate actions to effectuate an orderly termination of
these requirements.
(b) Effective September 30, 2000, a two-engine jet
aircraft with a design capacity of 70 or fewer passenger
seats, manufactured after January 1, 1992, that has an
effective perceived noise level on takeoff not exceeding 83
decibels when measured according to the procedures specified
in Part 36 of Title 14, Code of Federal Regulations, shall
not be subject to the requirements of Subparts K and S of
Part 93 of title 14, Code of Federal Regulations, at an
airport other than Ronald Reagan Washington National
Airport.
TITLE VIII -- TRANSFER OF AERONAUTICAL CHARTING ACTIVITY
SEC. 801. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.
Effective October 1, 1999, there are transferred to the
Department of Transportation and vested in the Secretary of
Transportation the functions, powers, and duties of the
Secretary of Commerce and other officers of the Department
of Commerce that relate to the Office of Aeronautical
Charting and Cartography and are set forth in 49 U.S.C. 304,
as amended.
SEC. 802. TRANSFER OF OFFICE, PERSONNEL AND FUNDS.
(a) Effective October 1, 1999, the Office of
Aeronautical Charting and Cartography of the National
Oceanic and Atmospheric Administration, Department of
Commerce, is transferred to the Department of
Transportation.
(b) Effective October 1, 1999, the personnel employed
in connection with, and the assets, liabilities, contracts,
property, equipment, facilities, records, and unexpended
balance of appropriations, and other funds employed, held,
used, arising from, available to, or to be made available in
connection with the function and offices, or portions of
offices, transferred by this Act, including all Senior
Executive Service positions, subject to section 1531 of
title 31, United States Code, are transferred to the
Secretary of Transportation for appropriate allocation.
Personnel employed in connection with functions transferred
by this Act transfer under any applicable law and regulation
relating to transfer of functions. Unexpended funds
transferred under this section shall be used only for the
purposes for which the funds were originally authorized and
appropriated, except that funds may be used for expenses
associated with the transfer authorized by this Act.
SEC. 803. AMENDMENT TO TITLE 49, UNITED STATES CODE.
(a) Section 304 of title 49, United States Code, is
amended to read as follows:
"Sec. 304. Aeronautical charts and related products and
services
"(a) GENERAL.--The Secretary of Transportation is
invested with and shall exercise, effective October 1, 1999,
the functions, powers, and duties of the Secretary of
Commerce and other officers of the Department of Commerce
that relate to the Office of Aeronautical Charting and
Cartography to provide aeronautical charts and related
products and services for the safe and efficient navigation
of air commerce, under the following authorities:
"(1) 33 U.S.C. 883a-883j.
"(2) 44 U.S.C. 1307.
"(3) Pub.L. 103-317, Title II.
"(b) AUTHORITY TO CONDUCT SURVEYS.--To provide
aeronautical charts and related products and services for
the safe and efficient navigation of air commerce, and to
provide basic data for engineering and scientific purposes
and for other commercial and industrial needs, the Secretary
of Transportation is authorized to conduct the following
activities:
"(1) aerial and field surveys for aeronautical charts.
"(2) other airborne and field surveys when in the best
interest of the United States Government.
"(3) acquiring, owning, operating, maintaining and
staffing aircraft in support of surveys.
"(c) ADDITIONAL AUTHORITY.--In order that full public
benefit may be derived from the dissemination of data
resulting from activities under this section and of related
data from other sources, the Secretary of Transportation is
authorized to conduct the following activities:
"(1) developing, processing, disseminating and
publishing of digital and analog data, information,
compilations, and reports;
"(2) compiling, printing, and disseminating
aeronautical charts and related products and services of the
United States, its Territories, and possessions.
"(3) compiling, printing and disseminating aeronautical
charts and related products and services covering
international airspace as are required primarily by United
States civil aviation.
"(4) compiling, printing and disseminating non-
aeronautical navigational, transportation or public-safety-
related products and services when in the best interests of
the United States Government.
"(d) CONTRACT, COOPERATIVE AGREEMENTS, GRANTS, AND
OTHER AGREEMENTS.--(1) The Secretary of Transportation is
authorized to contract with qualified organizations for the
performance of any part of the authorized functions of the
Office of Aeronautical Charting and Cartography when the
Secretary deems such procedure to be in the public interest
and will not compromise public safety.
"(2) The Secretary of Transportation is authorized to
enter into cooperative agreements, grants, reimbursable
agreements, memoranda of understanding and other agreements,
with a State, subdivision of a State, federal agency, public
or private organization, or individual, to carry out the
purposes of this section.
"(e) SPECIAL SERVICES AND PRODUCTS.--(1) The Secretary
of Transportation is authorized, at the request of a State,
subdivision of a State, federal agency, public or private
organization, or individual, to conduct special services,
including making special studies, or developing special
publications or products on matters relating to navigation,
transportation or public safety.
"(2) The Secretary of Transportation shall assess a fee
for any special service provided under paragraph (1). A fee
shall be not more than the actual or estimated full cost of
the service. A fee may be reduced or waived for research
organizations, educational organizations, or non-profit
organizations, when the Secretary of Transportation
determines that reduction or waiver of the fee is in the
best interest of the United States Government by furthering
public safety.
"(f) SALE AND DISSEMINATION OF AERONAUTICAL PRODUCTS;
USE OF FEES.--(1) Aeronautical products created or
maintained under the authority of this section shall be sold
at prices established annually by the Secretary of
Transportation consistent with the following:
"(A) Subject to subparagraph (B), the price of an
aeronautical product sold to the public shall be not more
than necessary to recover all costs attributable to (i) data
base management and processing; (ii) compilation; (iii)
printing or other types of reproduction; and (iv)
dissemination of the product.
"(B) The Secretary of Transportation shall, in
consultation with the Administrator of the Federal Aviation
Administration, adjust the price of an aeronautical product
and service sold to the public as necessary to avoid any
adverse impact on aviation safety attributable to the price
specified under this paragraph.
"(C) A price established under this paragraph may not
include costs attributable to the acquisition of
aeronautical data.
"(2) The Secretary shall publish annually the prices at
which aeronautical products are sold to the public.
"(3) The Secretary of Transportation may distribute
aeronautical products and provide aeronautical services--
"(A) without charge to each foreign government or
international organization with which the Secretary or
a federal agency has an agreement for exchange of these
products or services without cost;
"(B) at prices the Secretary establishes, to the
departments and officers of the United States requiring
them for official use; and
"(C) at reduced or no charge where, in the
judgment of the Secretary, furnishing the aeronautical
product or service to a recipient is a reasonable
exchange for voluntary contribution of information by
the recipient to the activities under this section.
"(4) The fees provided for in this subsection are for
the purpose of reimbursing the United States Government for
the costs of creating, printing and disseminating
aeronautical products and services under this section. The
collection of fees authorized by this section does not alter
or expand any duty or liability of the Government under
existing law for the performance of functions for which fees
are collected, nor does the collection of fees constitute an
express or implied undertaking by the Government to perform
any activity in a certain manner. Nothing in this section or
the Federal Aviation Administration Authorization Act of
1999 (the Act) shall be construed to allow the Department of
Transportation to retain any monies that, as of the date of
enactment of the Act, are required to be deposited to the
general fund of the Treasury.
"(g) AUTHORITY OF SECRETARY OF COMMERCE.--Nothing in
this section shall limit the Secretary of Commerce's
authority to conduct activities for the safe navigation of
marine and air commerce.".
(b) Item 304 in the analysis of chapter 3 of title 49,
United States Code, is amended to read as follows:
"304. Aeronautical charts and related products and
services."
SEC. 804. SAVINGS PROVISION.
(a) Continued Effectiveness of Directives.--All orders,
determinations, rules, regulations, permits, contracts,
certificates, licenses, privileges, and financial assistance
that--
(1) have been issued, made, granted, or allowed to
become effective by the President of the United States,
the Secretary of Commerce, the National Oceanic and
Atmospheric Administration (NOAA) Administrator, any
federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of functions
which are transferred by this Act; and
(2) are in effect on the date of transfer, shall
continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with law by the President of the United
States, the Secretary of Transportation, a court of
competent jurisdiction, or by operation of law.
(b) Continued effectiveness of pending actions.--(1) The
provisions of this Act shall not affect any proceedings,
including notices of proposed rulemaking, or any application
for any license, permit, certificate, or financial
assistance pending on the date of transfer before the
Department of Commerce or the NOAA Administrator, or any
officer thereof with respect to functions transferred by
this Act; but such proceedings or applications, to the
extent that they relate to functions transferred, shall be
continued in accord with transition guidelines promulgated
by the Secretary of Transportation under the authority of
this section. Orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded,
or revoked by the Secretary of Transportation, by a court of
competent jurisdiction, or by operation of law. Nothing in
this subsection prohibits the discontinuance or modification
of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this Act had not been enacted.
(2) The Secretary of Commerce, the NOAA Administrator,
and the Secretary of Transportation are authorized to issue
transition guidelines providing for the orderly transfer of
proceedings and otherwise to accomplish the orderly transfer
of functions, personnel and property under this Act.
(c) Continued Effectiveness of Judicial Actions.--No
cause of action by or against the Department of Commerce or
the National Oceanic and Atmospheric Administration with
respect to functions transferred by this Act, or by or
against any officer thereof in the official's capacity,
shall abate by reason of the enactment of this Act. Causes
of action and actions with respect to a function or office
transferred by this Act, or other proceedings may be
asserted by or against the United States or an official of
the Department of Transportation, as may be appropriate,
and, in an action pending when this Act takes effect, the
court may at any time, on its own motion or that of any
party, enter an order that will give effect to the
provisions of this subsection.
(d) Substitution or Addition of Parties to Judicial
Actions.--If, on the date of transfer, the Department of
Commerce or the National Oceanic and Atmospheric
Administration, or any officer thereof in the official's
capacity, is a party to an action, and under this Act any
function relating to the action of such Department,
Administration, or officer is transferred to the Department
of Transportation, then such action shall be continued with
the Secretary of Transportation substituted or added as a
party.
(e) Continued Jurisdiction Over Actions Transferred.--
Orders and actions of the Secretary of Transportation in the
exercise of functions transferred by this Act shall be
subject to judicial review to the same extent and in the
same manner as if such orders and actions had been by the
Department of Commerce or the National Oceanic and
Atmospheric Administration, or any office or officer
thereof, in the exercise of such functions immediately
preceding their transfer.
(f) Liabilities and Obligations.--The Secretary of
Transportation shall assume all liabilities and obligations
(tangible and incorporeal, present and executory) associated
with the functions transferred under this Act on the date of
transfer, including leases, permits, licenses, contracts,
agreements, claims, tariffs, accounts receivable, accounts
payable, financial assistance, and litigation relating to
such obligations, regardless whether judgment has been
entered, damages awarded, or appeal taken.
SEC. 805. NATIONAL OCEAN SURVEY.
(1) Section 883a of Title 33 of the United States Code
is amended by striking paragraph (4) and renumbering the
remaining paragraphs accordingly.
(2) Section 883(a)(1) of Title 33 of the United States
Code is amended to read as follows: "(1) Hydrographic,
topographic and other types of field surveys;"
(3) Section 883b(4) of Title 33 of the United States
Code is amended by deleting "of the United States, its
Territories, and possessions".
(4) Section 883b(6) of Title 33 of the United States
Code is amended by deleting "for the United States, its
Territories, and possessions".
(5) Section 883b of Title 33 of the United States Code
is amended by striking paragraphs (3) and (5) and
renumbering the remaining paragraphs accordingly.
(6) Paragraph (1) of section 883e of Title 33 of the
United States Code is amended by inserting ", or any other
agreements," after "cooperative agreements", and before
"with, and to receive and expend funds made available by,".
SEC. 806. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
NAUTICAL AND AERONAUTICAL PRODUCTS, SALE AND DISTRIBUTION.
(1) Section 1307 of Title 44 of the United States Code
is amended by deleting "and aeronautical" and "or
aeronautical" wherever either appears in the section.
(2) Section 1307(a)(2)(B) of Title 44 of the United
States Code is amended by deleting "aviation and" after
"impact on".
(3) Section 1307(d) of Title 44 of the United States
Code is amended by deleting "aeronautical and" after
"distributing".
TITLE IX--WHISTLEBLOWER PROTECTION
SEC. 901. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY
INFORMATION.
(a) General Rule.--Chapter 421 is amended by adding at
the end the following:
"SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
"Sec. 42121. Protection of employees providing air safety
information
"(a) Discrimination Against Employees.--No person may
discharge an employee or otherwise discriminate against an
employee with respect to compensation, terms, conditions, or
privileges of employment because the employee (or any person
acting pursuant to a request of the employee)--
"(1) notified his or her employer of an alleged
violation of this subtitle;
"(2) refused to operate aircraft or work when
operation would violate a regulation issued by the
Administrator of the Federal Aviation Administration
under this subtitle, or because of a reasonable
apprehension of death or serious physical harm;
"(3) provided, caused to be provided, or is about
to provide or cause to be provided information relating
to air safety under this subtitle or any other law of
the United States;
"(4) has filed, caused to be filed, or is about to
file or cause to be filed a proceeding relating to air
carrier safety under this subtitle or any other law of
the United States;
"(5) testified or is about to testify in such a
proceeding; or
"(6) assisted or participated or is about to
assist or participate in such a proceeding or in any
other action to carry out the purposes of this
subtitle.
"(b) Department of Labor Complaint Procedure.--
"(1) Filing and notification.--(A) A person who
believes that he or she has been discharged or otherwise
discriminated against by a person in violation of subsection
(a) may, not later than 180 days after the date on which the
violation occurs, file (or have any person file on his or
her behalf) a complaint with the Secretary of Labor alleging
the discharge or discrimination.
"(B) Upon receipt of a complaint, the Secretary shall
notify the person named in the complaint and the
Administrator of the--
"(i) filing of the complaint;
"(ii) allegations contained in the complaint; and
"(iii) opportunities that will be afforded to the
person under paragraph (2).
"(2) Investigation; preliminary order.--(A) The
Secretary shall conduct an investigation and shall have the
authority to issue subpoenas. The Secretary may bring an
action in any appropriate United States district court for
the enforcement of subpoenas.
"(B) Not later than 60 days after receipt of a
complaint filed under paragraph (1) and after providing the
person named in the complaint a notice of the substance of
the evidence supporting the complaint, an opportunity to
submit to the Secretary a written response to the complaint,
and an opportunity to meet with a representative of the
Secretary to present statements from witnesses, the
Secretary shall determine whether there is reasonable cause
to believe that the complaint has merit and notify the
complainant and the person alleged to have committed a
violation of subsection (a) of the Secretary's findings.
"(C) If the Secretary concludes that there is a
reasonable cause to believe that a violation of subsection
(a) has occurred, the Secretary shall accompany the
Secretary's findings with a preliminary order providing the
relief prescribed by paragraph (3)(B).
"(D) Not later than 30 days after the date of
notification of findings under this paragraph, either the
person alleged to have committed the violation or the
complainant may file objections to the findings or
preliminary order and request a hearing before an
administrative law judge on the record. The filing of
objections shall not operate to stay any reinstatement
remedy contained in the preliminary order. Hearings shall be
conducted expeditiously.
"(E) If a hearing is not requested in the 30-day
period, the preliminary order shall be deemed a final order
that is not subject to judicial review.
"(3) Final order.--(A) Not later than 120 days after
the date of the issuance of the decision of the
administrative law judge under paragraph (2), the Secretary
shall issue a final order providing the relief prescribed by
this paragraph or denying the complaint. At any time before
issuance of a final order, a proceeding under this
subsection may be terminated on the basis of a settlement
agreement entered into by the Secretary, the complainant,
and the person alleged to have committed the violation.
"(B) If, in response to a complaint filed under
paragraph (1), the Secretary of Labor determines that a
violation of subsection (a) has occurred, the Secretary of
Labor shall order the person who committed the violation to-
-
"(i) take appropriate remedial action to abate the
violation;
"(ii) reinstate the complainant to his or her former
position together with the compensation (including back
pay), terms, conditions, and privileges associated with his
or her employment; and
"(iii) provide compensatory and exemplary damages to
the complainant.
"(C) If an order is issued under this paragraph, the
Secretary, at the request of the complainant, shall assess
against the person against whom the order is issued a sum
equal to the aggregate amount of all costs and expenses
(including attorneys' and expert witness fees) reasonably
incurred, as determined by the Secretary, by the complainant
for, or in connection with, the bringing of the complaint
upon which the order was issued, including in a judicial
proceeding under paragraph (4).
"(4) Review.--(A) A person adversely affected or
aggrieved by an order issued under paragraph (3) for which
the person has exhausted all administrative remedies may
obtain review of the order in the United States Court of
Appeals for the circuit in which the violation, with respect
to which the order was issued, allegedly occurred or the
circuit in which the complainant resided on the date of such
violation. The petition for review must be filed not later
than 60 days after the date of the issuance of the order of
the Secretary. Review shall conform to chapter 7 of title 5,
United States Code. The commencement of proceedings under
this subparagraph shall not, unless ordered by the court,
operate as a stay of the order.
"(B) An order of the Secretary with respect to which
review could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or other
civil proceeding.
"(5) Enforcement of order by Secretary of Labor.--
Whenever a person has failed to comply with an order issued
under paragraph (3), the Secretary may file a civil action
in an appropriate United States district court to enforce
such order. In actions brought under this paragraph, the
district courts shall have jurisdiction to grant all
appropriate relief including, but not limited to, injunctive
relief and compensatory and exemplary damages.
"(6) Enforcement of order by parties.--(A) A person on
whose behalf an order was issued under paragraph (3) may
commence a civil action against the person to whom such
order was issued to require compliance with the order. The
appropriate United States district court shall have
jurisdiction, without regard to the amount in controversy or
the citizenship of the parties, to enforce the order.
"(B) The court, in issuing any final order under this
paragraph, may award costs of litigation (including
reasonable attorney and expert witness fees) to any party
whenever the court determines an award is appropriate.
"(c) Mandamus.--Any nondiscretionary duty imposed by
this section shall be enforceable in a mandamus proceeding
brought under section 1361 of title 28.
"(d) Nonapplicability to Deliberate Violations.--
Subsection (a) shall not apply with respect to an employee
who, acting without direction from his or her employer,
deliberately causes a violation of any requirement relating
to air carrier safety under this subtitle or any other law
of the United States.
"(e) Definitions.--In this section--
"(1) 'contractor' means a company that performs safety-
sensitive
functions by contract for a U.S. or foreign air
carrier;
"(2) 'employee' means an employee of a U.S. or foreign
air carrier, its contractor, or its subcontractor; and
"(3) 'subcontractor' means a company that performs
safety-sensitive
functions, through a contractor, for a U.S. or foreign
air carrier.
"(f) Applicability.--This section applies to employees
of a U.S. employer without regard to whether the adverse
action or protected activity occurs in the United State.
This section applies to employees of a foreign employer, if
the adverse action or protected activity occurs in the
United States.".
(b) Conforming Amendment.--The analysis for Chapter 421
is amended by adding at the end the following:
"SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
"42121. Protection of employees providing air safety
information.".
SEC. 902. CIVIL PENALTY.
Section 46301(a)(1)(A) is amended by striking
"subchapter II of chapter 421" and inserting "subchapter II
or III of chapter 421".
TITLE X--NATIONAL PARKS AIR TOUR MANAGEMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the `National Parks Air Tour
Management Act of 1999'.
SEC. 1002. FINDINGS.
Congress finds that--
(1) the Federal Aviation Administration has sole
authority to control airspace over the United States;
(2) the Federal Aviation Administration has the
authority to preserve, protect, and enhance the
environment by minimizing, mitigating, or preventing
the adverse effects of aircraft overflights of public
and tribal lands;
(3) the National Park Service has the
responsibility of conserving the scenery and natural
and historic objects and wildlife in national parks and
of providing for the enjoyment of the national parks in
ways that leave the national parks unimpaired for
future generations;
(4) the protection of tribal lands from aircraft
overflights is consistent with protecting the public
health and welfare and is essential to the maintenance
of the natural and cultural resources of Indian tribes;
(5) the National Parks Overflights Working Group,
composed of general aviation, commercial air tour,
environmental, and Native American representatives,
recommended that the Congress enact legislation based
on the Group's consensus work product; and
(6) this title reflects the recommendations made
by that Group.
SEC. 1003. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.
(a) IN GENERAL- Chapter 401 of title 49, United States
Code, is amended by adding at the end the following:
"Sec. 40125. Overflights of national parks.
"(a) In General-
"(1) GENERAL REQUIREMENTS- A commercial air tour
operator may not conduct commercial air tour operations over
a national park (including tribal lands) except--
"(A) in accordance with this section;
"(B) in accordance with conditions and limitations
prescribed for that operator by the Administrator; and
"(C) in accordance with any applicable air tour
management plan for the park.
"(2) Application for operating authority-
"(A) APPLICATION REQUIRED- Before commencing commercial
air tour operations over a national park (including tribal
lands), a commercial air tour operator shall apply to the
Administrator for authority to conduct the operations over
the park.
"(B) COMPETITIVE BIDDING FOR LIMITED CAPACITY PARKS-
Whenever an air tour management plan limits the number of
commercial air tour operations over a national park during a
specified time frame, the Administrator, in cooperation with
the Director, shall issue operation specifications to
commercial air tour operators that conduct such operations.
The operation specifications shall include such terms and
conditions as the Administrator and the Director find
necessary for management of commercial air tour operations
over the park. The Administrator, in cooperation with the
Director, shall develop an open competitive process for
evaluating proposals from persons interested in providing
commercial air tour operations over the park. In making a
selection from among various proposals submitted, the
Administrator, in cooperation with the Director, shall
consider relevant factors, including--
"(i) the safety record of the person submitting
the proposal or pilots employed by the person;
"(ii) any quiet aircraft technology proposed to be
used by the person submitting the proposal;
"(iii) the experience of the person submitting the
proposal with commercial air tour operations over other
national parks or scenic areas;
"(iv) the financial capability of the company;
"(v) any training programs for pilots provided by
the person submitting the proposal; and
"(vi) responsiveness of the person submitting the
proposal to any relevant criteria developed by the
National Park Service for the affected park.
"(C) NUMBER OF OPERATIONS AUTHORIZED- In determining
the number of authorizations to issue to provide commercial
air tour operations over a national park, the Administrator,
in cooperation with the Director, shall take into
consideration the provisions of the air tour management
plan, the number of existing commercial air tour operators
and current level of service and equipment provided by any
such operators, and the financial viability of each
commercial air tour operation.
"(D) COOPERATION WITH NPS- Before granting an
application under this paragraph, the Administrator, in
cooperation with the Director, shall develop an air tour
management plan in accordance with subsection (b) and
implement such plan.
"(3) EXCEPTION-
"(A) IN GENERAL- If a commercial air tour operator
secures a letter of agreement from the Administrator and the
superintendent for the national park that describes the
conditions under which the commercial air tour operation
will be conducted, then notwithstanding paragraph (1), the
commercial air tour operator may conduct such operations
over the national park under part 91 of title 14, Code of
Federal Regulations, if such activity is permitted under
part 119 of such title.
"(B) LIMIT ON EXCEPTIONS- Not more than 5 flights in
any 30-day period over a single national park may be
conducted under this paragraph.
"(4) SPECIAL RULE FOR SAFETY REQUIREMENTS-
Notwithstanding subsection (c), an existing commercial air
tour operator shall apply, not later than 90 days after the
date of enactment of this section, for operating authority
under part 119, 121, or 135 of title 14, Code of Federal
Regulations. A new entrant commercial air tour operator
shall apply for such authority before conducting commercial
air tour operations over a national park (including tribal
lands). The Administrator shall act on any such application
for a new entrant and issue a decision on the application
not later than 24 months after it is received or amended.
"(b) Air Tour Management Plans-
"(1) ESTABLISHMENT-
"(A) IN GENERAL- The Administrator, in cooperation with
the Director, shall establish an air tour management plan
for any national park (including tribal lands) for which
such a plan is not in effect whenever a person applies for
authority to conduct a commercial air tour operation over
the park. The air tour management plan shall be developed by
means of a public process in accordance with paragraph (4).
"(B) OBJECTIVE- The objective of any air tour
management plan shall be to develop acceptable and effective
measures to mitigate or prevent the significant adverse
impacts, if any, of commercial air tours upon the natural
and cultural resources, visitor experiences, and tribal
lands.
"(2) ENVIRONMENTAL DETERMINATION- In establishing an
air tour management plan under this subsection, the
Administrator and the Director shall each sign the
environmental decision document required by section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332) (including a finding of no significant impact, an
environmental assessment, and an environmental impact
statement) and the record of decision for the air tour
management plan.
"(3) CONTENTS- An air tour management plan for a
national park--
"(A) may limit or prohibit commercial air tour
operations;
"(B) may establish conditions for the conduct of
commercial air tour operations, including commercial
air tour operation routes, maximum or minimum
altitudes, time-of-day restrictions, restrictions for
particular events, maximum number of flights per unit
of time, intrusions on privacy on tribal lands, and
mitigation of adverse noise, visual, or other impacts;
"(C) may apply to all commercial air tour
operations;
"(D) shall include incentives (such as preferred
commercial air tour operation routes and altitudes and
relief from flight caps and curfews) for the adoption
of quiet aircraft technology by commercial air tour
operators conducting commercial air tour operations
over the park;
"(E) shall provide a system for allocating
opportunities to conduct commercial air tours if the
air tour management plan includes a limitation on the
number of commercial air tour operations for any time
period; and
"(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A) through
(E) and include such justifications in the record of
decision.
"(4) PROCEDURE- In establishing an air tour management
plan for a national park (including tribal lands), the
Administrator and the Director shall--
"(A) hold at least one public meeting with
interested parties to develop the air tour management
plan;
"(B) publish the proposed plan in the Federal
Register for notice and comment and make copies of the
proposed plan available to the public;
"(C) comply with the regulations set forth in
sections 1501.3 and 1501.5 through 1501.8 of title 40,
Code of Federal Regulations (for purposes of complying
with the regulations, the Federal Aviation
Administration shall be the lead agency and the
National Park Service is a cooperating agency); and
"(D) solicit the participation of any Indian tribe
whose tribal lands are, or may be, overflown by
aircraft involved in a commercial air tour operation
over the park, as a cooperating agency under the
regulations referred to in subparagraph (C).
"(5) JUDICIAL REVIEW- An air tour management plan
developed under this subsection shall be subject to judicial
review.
"(6) AMENDMENTS- The Administrator, in cooperation with
the Director, may make amendments to an air tour management
plan. Any such amendments shall be published in the Federal
Register for notice and comment. A request for amendment of
an air tour management plan shall be made in such form and
manner as the Administrator may prescribe.
"(c) DETERMINATION OF COMMERCIAL AIR TOUR OPERATION
STATUS- In making a determination of whether a flight is a
commercial air tour operation, the Administrator may
consider--
"(1) whether there was a holding out to the public
of willingness to conduct a sightseeing flight for
compensation or hire;
"(2) whether a narrative that referred to areas or
points of interest on the surface below the route of
the flight was provided by the person offering the
flight;
"(3) the area of operation;
"(4) the frequency of flights conducted by the
person offering the flight;
"(5) the route of flight;
"(6) the inclusion of sightseeing flights as part
of any travel arrangement package offered by the person
offering the flight;
"(7) whether the flight would have been canceled
based on poor visibility of the surface below the route
of the flight; and
"(8) any other factors that the Administrator
considers appropriate.
"(d) Interim Operating Authority-
"(1) IN GENERAL- Upon application for operating
authority, the Administrator shall grant interim operating
authority under this subsection to a commercial air tour
operator for commercial air tour operations over a national
park (including tribal lands) for which the operator is an
existing commercial air tour operator.
"(2) REQUIREMENTS AND LIMITATIONS- Interim operating
authority granted under this subsection--
"(A) shall provide annual authorization only for
the greater of--
"(i) the number of flights used by the
operator to provide such tours within the 12-month
period prior to the date of enactment of this
section; or
"(ii) the average number of flights per 12-
month period used by the operator to provide such
tours within the 36-month period prior to such
date of enactment, and, for seasonal operations,
the number of flights so used during the season or
seasons covered by that 12-month period;
"(B) may not provide for an increase in the number
of commercial air tour operations conducted during any
time period by the commercial air tour operator above
the number that the air tour operator was originally
granted unless such an increase is agreed to by the
Administrator and the Director;
"(C) shall be published in the Federal Register to
provide notice and opportunity for comment;
"(D) may be revoked by the Administrator for
cause;
"(E) shall terminate 180 days after the date on
which an air tour management plan is established for
the park or the tribal lands;
"(F) shall promote protection of national park
resources, visitor experiences, and tribal lands;
"(G) shall promote safe operations of the
commercial air tour;
"(H) shall promote the adoption of quiet
technology, as appropriate; and
"(I) shall allow for modifications of the
operation based on experience if the modification
improves protection of national park resources and
values and of tribal lands.
"(e) EXEMPTIONS-
"(1) IN GENERAL- Except as provided by paragraph (2),
this section shall not apply to--
"(A) the Grand Canyon National Park;
"(B) tribal lands within or abutting the Grand
Canyon National Park; or
"(C) any unit of the National Park System located
in Alaska or any other land or water located in Alaska.
"(2) EXCEPTION- This section shall apply to the Grand
Canyon National Park if section 3 of Public Law 100-91 (16
U.S.C. 1a-1 note; 101 Stat. 674-678) is no longer in effect.
"(f) DEFINITIONS- In this section, the following
definitions apply:
"(1) COMMERCIAL AIR TOUR OPERATOR- The term
`commercial air tour operator' means any person who
conducts a commercial air tour operation.
"(2) EXISTING COMMERCIAL AIR TOUR OPERATOR- The
term `existing commercial air tour operator' means a
commercial air tour operator that was actively engaged
in the business of providing commercial air tour
operations over a national park at any time during the
12-month period ending on the date of enactment of this
section.
"(3) NEW ENTRANT COMMERCIAL AIR TOUR OPERATOR- The
term `new entrant commercial air tour operator' means a
commercial air tour operator that--
"(A) applies for operating authority as a
commercial air tour operator for a national park;
and
"(B) has not engaged in the business of
providing commercial air tour operations over the
national park (including tribal lands) in the 12-
month period preceding the application.
"(4) COMMERCIAL AIR TOUR OPERATION- The term
`commercial air tour operation' means any flight,
conducted for compensation or hire in a powered
aircraft where a purpose of the flight is sightseeing
over a national park, within 1/2 mile outside the
boundary of any national park, or over tribal lands,
during which the aircraft flies--
"(A) below a minimum altitude, determined by
the Administrator in cooperation with the
Director, above ground level (except solely for
purposes of takeoff or landing, or necessary for
safe operation of an aircraft as determined under
the rules and regulations of the Federal Aviation
Administration requiring the pilot-in-command to
take action to ensure the safe operation of the
aircraft); or
"(B) less than 1 mile laterally from any
geographic feature within the park (unless more
than 1/2 mile outside the boundary).
"(5) NATIONAL PARK- The term `national park' means
any unit of the National Park System.
"(6) TRIBAL LANDS- The term `tribal lands' means
Indian country (as that term is defined in section 1151
of title 18, United States Code) that is within or
abutting a national park.
"(7) ADMINISTRATOR- The term `Administrator' means
the Administrator of the Federal Aviation
Administration.
"(8) DIRECTOR- The term `Director' means the
Director of the National Park Service.'.
"(b) CLERICAL AMENDMENT- The table of sections for
chapter 401 of title 49, United States Code, is amended by
adding at the end the following:
"40125. Overflights of national parks.".
SEC. 1004. ADVISORY GROUP.
(a) ESTABLISHMENT- Not later than 1 year after the date
of enactment of this Act, the Administrator and the Director
shall jointly establish an advisory group to provide
continuing advice and counsel with respect to commercial air
tour operations over and near national parks.
(b) MEMBERSHIP-
(1) IN GENERAL- The advisory group shall be composed of-
-
(A) a balanced group of --
(i) representatives of general aviation;
(ii) representatives of commercial air tour
operators;
(iii) representatives of environmental
concerns; and
(iv) representatives of Indian tribes;
(B) a representative of the Federal Aviation
Administration; and
(C) a representative of the National Park Service.
(2) EX-OFFICIO MEMBERS- The Administrator (or the
designee of the Administrator) and the Director (or the
designee of the Director) shall serve as ex-officio members.
(3) CHAIRPERSON- The representative of the Federal
Aviation Administration and the representative of the
National Park Service shall serve alternating 1-year terms
as chairman of the advisory group, with the representative
of the Federal Aviation Administration serving initially
until the end of the calendar year following the year in
which the advisory group is first appointed.
(c) DUTIES- The advisory group shall provide advice,
information, and recommendations to the Administrator and
the Director--
(1) on the implementation of this title and the
amendments made by this title;
(2) on commonly accepted quiet aircraft technology
for use in commercial air tour operations over national
parks (including tribal lands), which will receive
preferential treatment in a given air tour management
plan;
(3) on other measures that might be taken to
accommodate the interests of visitors to national
parks; and
(4) at request of the Administrator and the
Director, safety, environmental, and other issues
related to commercial air tour operations over a
national park (including tribal lands).
(d) COMPENSATION; SUPPORT; FACA-
(1) COMPENSATION AND TRAVEL- Members of the advisory
group who are not officers or employees of the United
States, while attending conferences or meetings of the group
or otherwise engaged in its business, or while serving away
from their homes or regular places of business, may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5,
United States Code, for persons in the Government service
employed intermittently.
(2) ADMINISTRATIVE SUPPORT- The Federal Aviation
Administration and the National Park Service shall jointly
furnish to the advisory group clerical and other assistance.
(3) NONAPPLICATION OF FACA- Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the
advisory group.
SEC. 1005. REPORTS.
(a) NATIONAL PARK OVERFLIGHT FEE REPORT- Not later than
180 days after the date of enactment of this Act, the
Administrator shall transmit to Congress a report on the
effects overflight fees are likely to have on the commercial
air tour operation industry. The report shall include, but
shall not be limited to--
(1) the viability of a tax credit for the
commercial air tour operators equal to the amount of
any overflight fees charged by the National Park
Service; and
(2) the financial effects proposed offsets are
likely to have on Federal Aviation Administration
budgets and appropriations.
(b) QUIET AIRCRAFT TECHNOLOGY REPORT- Not later than 2
years after the date of enactment of this Act, the
Administrator and the Director shall jointly transmit a
report to Congress on the effectiveness of this title in
providing incentives for the development and use of quiet
aircraft technology.
SEC. 1006. EXEMPTIONS.
This title shall not apply to--
(1) any unit of the National Park System located
in Alaska; or
(2) any other land or water located in Alaska.
SEC. 1007. DEFINITIONS.
In this title, the following definitions apply:
(1) ADMINISTRATOR- The term "Administrator" means
the Administrator of the Federal Aviation
Administration.
(2) DIRECTOR- The term "Director" means the
Director of the National Park Service.
TITLE XI--TITLE 49 TECHNICAL CORRECTIONS
SEC. 1101. RESTATEMENT OF 49 U.S.C. 106(g).
(a) General--Section 106(g) of title 49
(Transportation), strike--
", 40113(a), (c), and (d), 40114(a), 40119, 44501(a)
and (c), 44502(a)(1), (b) and (c), 44504, 44505, 44507,
44508, 44511-44513, 44701-44716, 44718(c), 44721(a),
44901, 44902, 44903(a)-(c) and (e), 44906, 44912, 44935-
44937, and 44938(a) and (b), chapter 451, sections
45302-45304,"
and substitute
"40113(a), (c)-(e), 40114(a), and 40119, and chapter
445 (except sections 44501(b), 44502(a)(2)-(4), 44503,
44506, 44509, 44510, 44514, and 44515), chapter 447
(except sections 44717, 44718(a) and (b), 44719, 44720,
44721(b), 44722, and 44723), chapter 449 (except
sections 44903(d), 44904, 44905, 44907-44911, 44913,
44915, and 44931-44934), chapter 451, chapter 453,
sections".
(b) Technical correction.--The amendment made by this
section may not be construed as making a substantive change
in the language replaced.
SEC. 1102. RESTATEMENT OF 49 U.S.C. 46306.
(a) General.--Section 46306 is amended--
(1) in subsection (a), by striking "This section
applies only to" and substituting "Except for
subsections (b)(1)-(3), (c)(2)(B), and (e) of this
section, this section applies only in the case of";
(2) in subsection (c), by inserting "In a case
involving an aircraft not used to provide air
transportation," at the beginning of paragraph (2),
redesignating the text of paragraph (2) as subparagraph
(2)(A), redesignating subparagraphs (2)(A) and (2)(B)
as clauses (2)(A)(i) and (2)(A)(ii), and by inserting
at the end of paragraph (2) the following:
"(B) In a case involving an aircraft used to
provide air transportation, a person is subject to the
penalties of this paragraph for an act--
"(i) listed in paragraphs (b)(1)-(3) of this
section, but only if the person undertook the act
with the intent to commit a crime punishable by
death or imprisonment of more than one year under
a law of the United States or a State related to a
controlled substance (except a law related to
simple possession of a controlled substance); or
"(ii) in selling a fraudulent certificate,
undertook the act with the knowledge that the
purchaser intended to use the certificate to
commit a crime punishable by death or imprisonment
for more than one year under a law of the United
States or a State related to a controlled
substance (except a law related to simple
possession of a controlled substance)."; and
(3) in subsection (c), by striking "paragraph (2)"
and substituting "subparagraph (2)(A)".
(b) Technical corrections.--
(1)(A) The heading of section 46306 is amended to read
as follows:
"Sec. 46306. Forgery, false marking, and other aircraft
registration violations".
(B) In the analysis of chapter 463 of title 49, item
46306 is amended to read as follows:
"Sec. 46306. Forgery, false marking, and other aircraft
registration violations.".
(2) The amendment made by this section may not be
construed as making a substantive change in the language
replaced.
SEC. 1103. RESTATEMENT OF 49 U.S.C. 44909.
Section 44909 is amended in paragraph (a)(2) by
striking "shall" and substituting "should".
SEC.1104. RESTATEMENT OF 49 U.S.C. 46301(a).
Section 46301(a)(1)(A) is amended by striking "section
46302, 46303, or" and inserting "chapter 451, or section".
SEC. 1105. RESTATEMENT OF 49 U.S.C. 47122(b).
(a) IN GENERAL.--Section 106(g)(1)(a) is amended by
inserting "section 47122(b)," after "chapter 465".
(b) AMENDMENT.--Section 47122(b) is amended by
inserting the phrase "(or the Administrator of the Federal
Aviation Administration with respect to aviation duties and
powers designated to be carried out by the Administrator)"
after "Secretary" the first place and seconds places it
appears; and by inserting the phrase "or the Administrator"
after "Secretary" the third place it appears.
TITLE XII--PREVENTION OF FRAUD INVOLVING AIRCRAFT OR
SPACECRAFT PARTS
SEC. 1201. SHORT TITLE.
This title may be cited as "The Aircraft Safety Act of
1999."
SEC. 1202. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE
VEHICLE PARTS IN INTERSTATE OR FOREIGN COMMERCE.
(a) Chapter 2 of title 18, United States Code, is amended--
(1) by adding the following at the end of section 31:
" 'Aviation quality' means, with respect to
aircraft or space vehicle parts, that the item has
been manufactured, constructed, produced,
repaired, overhauled, rebuilt, reconditioned, or
restored in conformity with applicable standards
specified by law, regulation, or contract.
" 'Aircraft' means any civil, military, or
public contrivance invented, used, or designed to
navigate, fly, or travel in the air.
" 'Part' means frame, assembly, component,
appliance, engine, propeller, material, part,
spare part, piece, section, or related integral or
auxiliary equipment.
" 'Space vehicle' means a man-made device,
either manned or unmanned, designed for operation
beyond the earth's atmosphere."; and
(2) by adding at the end the following new section:
"Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
"(a) OFFENSES.--Whoever, in or affecting interstate or
foreign commerce, knowingly or with reason to know--
"(1) falsifies or conceals a material fact; makes
any materially fraudulent representation; or makes or
uses any materially false writing, entry,
certification, document, record, data plate, label or
electronic communication, concerning any aircraft or
space vehicle part;
"(2) imports or introduces in the United States,
sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by
means of fraudulent representations, documents,
records, certifications, depictions, data plates,
labels or electronic communications; or
"(3) attempts or conspires to commit any offense
described in subsections (a)(1) and (2)
"shall be punished as provided for in subsection (b).
"(b) PENALTIES.--(1) A person convicted under
subsection (a) shall be fined not more that $250,000 or
imprisoned not more than 15 years or both; provided, however-
-
"(2) if the fraud relates to the aviation quality
of the part and the part is actually installed in an
aircraft or space vehicle, then the maximum fine shall
be $500,000 and the maximum term of imprisonment shall
be 25 years.
"(3) if, by reason of its failure to operate as
represented, the part to which the fraud is related is
the probable cause of a malfunction or failure that
results in the injury or death of any person, then the
maximum fine shall be $1,000,000 and the maximum term
of imprisonment shall be any term of years or life; and
"(4) any person other than an individual convicted
under subsection (a) shall be fined not more than
$25,000,000.
"(c) CIVIL REMEDIES.--(1) The District Courts of the
United States shall have jurisdiction to prevent and
restrain violations of this section by issuing appropriate
orders, including, but not limited to: ordering any person
convicted of any offense under this section to divest
himself of any interest, direct or indirect, in any
enterprise, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks; imposing
reasonable restrictions on the future activities or
investments of any such person, including, but not limited
to, prohibiting engagement in the same type of endeavor as
used to perpetrate the offense, or ordering dissolution or
reorganization of any enterprise, making due provisions for
the rights and interests of innocent persons.
"(2) The Attorney General may institute proceedings
under this subsection. Pending final determination thereof,
the court may at any time enter such restraining orders or
prohibitions, or take such other actions, including the
acceptance of satisfactory performance bonds, as it shall
deem proper.
"(3) A final judgment or decree rendered in favor of
the United States in any criminal proceeding brought by the
United States under this section shall estop the defendant
from denying the essential allegation of the criminal
offense in any subsequent civil proceeding brought by the
United States.
"(d) CRIMINAL FORFEITURE.--(1) Regardless of any
provision of State law, any person convicted of a violation
under this section shall forfeit to the United States-
"(A) any property constituting, or derived from,
any proceeds obtained, directly or indirectly, as the
result of such violation; and
"(B) any property used, or intended to be used, in
any manner or part, to commit or facilitate to
commission of such violation.
"(2) The court, in imposing sentence on such a person,
shall order, in addition to any other sentence imposed
pursuant to this section, that the person forfeit to the
United States all property described in this section.
"(3) Property subject to forfeiture under this section,
and seizure and disposition thereof by or under the
authority of the Attorney General or the Secretary of the
Treasury, and any administrative or judicial proceeding in
relation thereto, shall be governed by the provisions of 21
U.S.C. 853, except, however, the Secretary of the Treasury
shall forward to the Treasurer of the United States for
deposit any amounts or such money and proceeds remaining
after payment of expenses in accordance with 31 U.S.C. 9703.
"(e) CONSTRUCTION WITH OTHER LAWS.--Unless specifically
otherwise provided, this Act shall not be construed to
preempt or displace any other remedies, whether civil or
criminal, provided by Federal, State, Commonwealth,
Possession, or Territory Law for the fraudulent importation,
sale, trade, installation, or introduction of aircraft or
space vehicle parts into commerce.
"(f) TERRITORIAL SCOPE.--(1) This section applies to
conduct occurring within the United States, and to conduct
occurring outside the United States if-
"(A) the offender is a United States person; or
"(B) an act in furtherance of the offense was
committed in the United States and the offender is
afterwards found in the United States.".
(3) CLERICAL AMENDMENT.--The table of sections at the
beginning of Chapter 2 is amended by adding at the end:
"38. Fraud related to aircraft and space vehicle parts.".
SEC. 1203. RELATED AMENDMENTS TO OTHER SECTIONS OF TITLE
18.
(a) CHAPTER 119 WIRE AND ELECTRONIC COMMUNICATIONS.--
Section 2516(1)(A) of title 18, United States Code, is
amended by inserting between "or under the following
chapters of this title:" and "Chapter 37" the following:
"Chapter 2 (Relating to Aircraft and Motor Vehicles).".
(b) CHAPTER 223-WITNESS AND EVIDENCE.--Section
3486(A)(1) of title 18, United States Code, is amended by
inserting between "A Federal Health Care Offense," and "The
Attorney General" the following: "or any offense involving
fraud related to aircraft or space vehicle parts under
section 38 of this title."
(c) CHAPTER 96-RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting between "any act which
is indictable under any of the following provisions of title
18, United States Code:" and "Section 201" the following:
"Section 38 (relating to fraud involving aircraft or space
vehicle parts in interstate or foreign commerce),".
TITLE XIII--INTERNAL REVENUE CODE AMENDMENTS
SEC. 1301. AMENDMENTS TO THE AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1) of the Internal Revenue Code of 1986
(relating to expenditures from Airport and Airway Trust
Fund) (26 U.S.C. 9502(d)(1)) is amended by:
(1) striking "1998" and inserting "2004"; and
(2) in paragraph (d)(1)(A), by inserting "or the
Federal Aviation Administration Authorization Act of 1999"
after "Federal Aviation Reauthorization Act of 1996".