Public Law 106-181

PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 61

Public Law 106–181
106th Congress
An Act
To amend title 49, United States Code, to reauthorize programs of the Federal
Aviation Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.

Apr. 5, 2000
[H.R. 1000]
Wendell H. Ford
Aviation
Investment and
Reform Act for
the 21st Century.
49 USC 40101
note.

Short title; table of contents.
Amendments to title 49, United States Code.
Applicability.
Definitions.
TITLE I—AIRPORT AND AIRWAY IMPROVEMENTS

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.
108.

Subtitle A—Funding
Airport improvement program.
Airway facilities improvement program.
FAA operations.
AIP formula changes.
Passenger facility fees.
Funding for aviation programs.
Adjustment to AIP program funding.
Reprogramming notification requirement.

Sec.
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121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
139.

Subtitle B—Airport Development
Runway incursion prevention devices and emergency call boxes.
Windshear detection equipment and adjustable lighting extensions.
Pavement maintenance.
Enhanced vision technologies.
Public notice before waiver with respect to land.
Matching share.
Letters of intent.
Grants from small airport fund.
Discretionary use of unused apportionments.
Designating current and former military airports.
Contract tower cost-sharing.
Innovative use of airport grant funds.
Inherently low-emission airport vehicle pilot program.
Airport security program.
Technical amendments.
Conveyances of airport property for public airports.
Intermodal connections.
State block grant program.
Design-build contracting.

Subtitle C—Miscellaneous
Sec. 151. Treatment of certain facilities as airport-related projects.
Sec. 152. Terminal development costs.
Sec. 153. Continuation of ILS inventory program.

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114 STAT. 62

PUBLIC LAW 106–181—APR. 5, 2000
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

154.
155.
156.
157.
158.
159.
160.
161.
162.
163.

Aircraft noise primarily caused by military aircraft.
Competition plans.
Alaska rural aviation improvement.
Use of recycled materials.
Construction of runways.
Notice of grants.
Airfield pavement conditions.
Report on efforts to implement capacity enhancements.
Prioritization of discretionary projects.
Continuation of reports.
TITLE II—AIRLINE SERVICE IMPROVEMENTS

Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.

Sec.
Sec.
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Sec.
Sec.
Sec.

205.
206.
207.
208.
209.
210.

Sec.
Sec.
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Sec.
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Sec.
Sec.
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221.
222.
223.
224.
225.
226.
227.
228.

Subtitle A—Small Communities
Policy for air service to rural areas.
Waiver of local contribution.
Improved air carrier service to airports not receiving sufficient service.
Preservation of essential air service at single carrier dominated hub
airports.
Determination of distance from hub airport.
Report on essential air service.
Marketing practices.
Definition of eligible place.
Maintaining the integrity of the essential air service program.
Regional jet service for small communities.
Subtitle B—Airline Customer Service
Consumer notification of E-ticket expiration dates.
Increased penalty for violation of aviation consumer protection laws.
Funding of enforcement of airline consumer protections.
Airline customer service reports.
Increased financial responsibility for lost baggage.
Comptroller General investigation.
Airline service quality performance reports.
National Commission To Ensure Consumer Information and Choice in the
Airline Industry.

Subtitle C—Competition
Sec. 231. Changes in, and phase-out of, slot rules.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.
307.
308.
309.
310.
311.
312.

TITLE III—FAA MANAGEMENT REFORM
Air traffic control system defined.
Air traffic control oversight.
Chief Operating Officer.
Pilot program to permit cost-sharing of air traffic modernization projects.
Clarification of regulatory approval process.
Failure to meet rulemaking deadline.
FAA personnel and acquisition management systems.
Right to contest adverse personnel actions.
Independent study of FAA costs and allocations.
Environmental review of airport improvement projects.
Cost allocation system.
Report on modernization of oceanic ATC system.

Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.

TITLE IV—FAMILY ASSISTANCE
Responsibilities of National Transportation Safety Board.
Air carrier plans.
Foreign air carrier plans.
Death on the high seas.

TITLE V—SAFETY
Airplane emergency locators.
Cargo collision avoidance systems deadlines.
Landfills interfering with air commerce.
Life-limited aircraft parts.
Counterfeit aircraft parts.
Prevention of frauds involving aircraft or space vehicle parts in interstate
or foreign air commerce.
Sec. 507. Transporting of hazardous material.
Sec. 508. Employment investigations and restrictions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 63

Sec. 509. Criminal penalty for pilots operating in air transportation without an
airman’s certificate.
Sec. 510. Flight operations quality assurance rules.
Sec. 511. Penalties for unruly passengers.
Sec. 512. Deputizing of State and local law enforcement officers.
Sec. 513. Air transportation oversight system.
Sec. 514. Runway safety areas.
Sec. 515. Precision approach path indicators.
Sec. 516. Aircraft dispatchers.
Sec. 517. Improved training for airframe and powerplant mechanics.
Sec. 518. Small airport certification.
Sec. 519. Protection of employees providing air safety information.
Sec. 520. Occupational injuries of airport workers.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE VI—TRANSFER OF AERONAUTICAL CHARTING ACTIVITY
601. Transfer of functions, powers, and duties.
602. Transfer of office, personnel and funds.
603. Amendment of title 49, United States Code.
604. Savings provision.
605. National ocean survey.
606. Sale and distribution of nautical and aeronautical products by NOAA.
607. Procurement of private enterprise mapping, charting, and geographic
information systems.

Sec.
Sec.
Sec.
Sec.
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701.
702.
703.
704.
705.
706.
707.
708.
709.
710.
711.
712.
713.
714.
715.
716.
717.
718.
719.
720.
721.
722.
723.
724.
725.
726.
727.
728.
729.
730.
731.
732.
733.
734.
735.
736.
737.
738.
739.
740.

Sec. 741.
Sec. 742.
Sec. 743.
Sec. 744.

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TITLE VII—MISCELLANEOUS PROVISIONS
Duties and powers of Administrator.
Public aircraft.
Prohibition on release of offeror proposals.
FAA evaluation of long-term capital leasing.
Severable services contracts for periods crossing fiscal years.
Prohibitions on discrimination.
Discrimination against handicapped individuals.
Prohibitions against smoking on scheduled flights.
Joint venture agreement.
Reports by carriers on incidents involving animals during air transport.
Extension of war risk insurance program.
General facilities and personnel authority.
Human factors program.
Implementation of Article 83 bis of the Chicago Convention.
Public availability of airmen records.
Review process for emergency orders.
Government and industry consortia.
Passenger manifest.
Cost recovery for foreign aviation services.
Technical corrections to civil penalty provisions.
Waiver under Airport Noise and Capacity Act.
Land use compliance report.
Charter airlines.
Credit for emergency services provided.
Passenger cabin air quality.
Standards for aircraft and aircraft engines to reduce noise levels.
Taos Pueblo and Blue Lakes Wilderness Area demonstration project.
Automated surface observation system stations.
Aircraft situational display data.
Elimination of backlog of equal employment opportunity complaints.
Grant of easement, Los Angeles, California.
Regulation of Alaska guide pilots.
National Transportation Data Center of Excellence.
Aircraft repair and maintenance advisory panel.
Operations of air taxi industry.
National airspace redesign.
Compliance with requirements.
FAA consideration of certain State proposals.
Cincinnati-Municipal Blue Ash Airport.
Authority to sell aircraft and aircraft parts for use in responding to oil
spills.
Discriminatory practices by computer reservations systems outside the
United States.
Specialty metals consortium.
Alkali silica reactivity distress.
Rolling stock equipment.

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114 STAT. 64

PUBLIC LAW 106–181—APR. 5, 2000
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

745.
746.
747.
748.
749.
750.
751.

Sec.
Sec.
Sec.
Sec.

752.
753.
754.
755.

Sec. 756.
Sec. 757.
Sec. 758.
Sec. 759.
Sec. 760.
Sec. 761.
Sec. 762.

General Accounting Office airport noise study.
Noise study of Sky Harbor Airport, Phoenix, Arizona.
Nonmilitary helicopter noise.
Newport News, Virginia.
Authority to waive terms of deed of conveyance, Yavapai County, Arizona.
Authority to waive terms of deed of conveyance, Pinal County, Arizona.
Conveyance of airport property to an institution of higher education in
Oklahoma.
Former airfield lands, Grant Parish, Louisiana.
Raleigh County, West Virginia, Memorial Airport.
Iditarod area school district.
Alternative power sources for flight data recorders and cockpit voice
recorders.
Terminal automated radar display and information system.
Streamlining seat and restraint system certification process and dynamic
testing requirements.
Expressing the sense of the Senate concerning air traffic over northern
Delaware.
Post Free Flight Phase I activities.
Sense of the Congress regarding protecting the frequency spectrum used
for aviation communication.
Land exchanges, Fort Richardson and Elmendorf Air Force Base, Alaska.
Bilateral relationship.

TITLE VIII—NATIONAL PARKS AIR TOUR MANAGEMENT
Short title.
Findings.
Air tour management plans for national parks.
Quiet aircraft technology for Grand Canyon.
Advisory group.
Prohibition of commercial air tour operations over the Rocky Mountain
National Park.
Sec. 807. Reports.
Sec. 808. Methodologies used to assess air tour noise.
Sec. 809. Alaska exemption.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

801.
802.
803.
804.
805.
806.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE IX—FEDERAL AVIATION RESEARCH, ENGINEERING, AND
DEVELOPMENT
901. Authorization of appropriations.
902. Integrated national aviation research plan.
903. Internet availability of information.
904. Research on nonstructural aircraft systems.
905. Research program to improve airfield pavements.
906. Evaluation of research funding techniques.

TITLE X—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURE AUTHORITY
Sec. 1001. Extension of expenditure authority.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision of law, the reference
shall be considered to be made to a section or other provision
of title 49, United States Code.
49 USC 106 note.

SEC. 3. APPLICABILITY.

Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply only to fiscal years
beginning after September 30, 1999.
49 USC 40102
note.

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SEC. 4. DEFINITIONS.

Except as otherwise provided in this Act, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Aviation Administration.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 65

TITLE I—AIRPORT AND AIRWAY
IMPROVEMENTS
Subtitle A—Funding
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48103 is
amended by striking ‘‘shall be’’ the last place it appears and all
that follows and inserting the following: ‘‘shall be—
‘‘(1) $2,410,000,000 for fiscal year 1999;
‘‘(2) $2,475,000,000 for fiscal year 2000;
‘‘(3) $3,200,000,000 for fiscal year 2001;
‘‘(4) $3,300,000,000 for fiscal year 2002; and
‘‘(5) $3,400,000,000 for fiscal year 2003.
Such sums shall remain available until expended.’’.
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended
by striking ‘‘After’’ and all that follows through ‘‘1999,’’ and inserting
‘‘After September 30, 2003,’’.
(c) REIMBURSEMENT.—Upon enactment of this Act, amounts
for administration funded by the appropriation for ‘‘Federal Aviation
Administration, Operations’’, pursuant to the third proviso under
the heading ‘‘Grants-in-Aid for Airports (Liquidation of Contract
Authorization) (Airport and Airway Trust Fund)’’ in the Department
of Transportation and Related Agencies Appropriations Act, 2000,
may be reimbursed from funds limited under such heading.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

(a) GENERAL AUTHORIZATION AND APPROPRIATIONS.—Section
48101(a) is amended by striking paragraphs (1), (2), and (3) and
inserting the following:
‘‘(1) $2,131,000,000 for fiscal year 1999.
‘‘(2) $2,689,000,000 for fiscal year 2000.
‘‘(3) $2,656,765,000 for fiscal year 2001.
‘‘(4) $2,914,000,000 for fiscal year 2002.
‘‘(5) $2,981,022,000 for fiscal year 2003.’’.
(b) UNIVERSAL ACCESS SYSTEMS.—Section 48101 is amended
by adding at the end the following:
‘‘(d) UNIVERSAL ACCESS SYSTEMS.—Of the amounts appropriated under subsection (a) for fiscal year 2001, $8,000,000 may
be used for the voluntary purchase and installation of universal
access systems.’’.
(c) ALASKA NATIONAL AIR SPACE COMMUNICATIONS SYSTEM.—
Section 48101 is further amended by adding at the end the following:
‘‘(e) ALASKA NATIONAL AIR SPACE COMMUNICATIONS SYSTEM.—
Of the amounts appropriated under subsection (a) for fiscal year
2001, $7,200,000 may be used by the Administrator of the Federal
Aviation Administration for the Alaska National Air Space Interfacility Communications System if the Administrator issues a report
supporting the use of such funds for the System.’’.
(d) AUTOMATED SURFACE OBSERVATION SYSTEM /AUTOMATED
WEATHER OBSERVING SYSTEM UPGRADE.—Section 48101 is further
amended by adding at the end the following:

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114 STAT. 66

PUBLIC LAW 106–181—APR. 5, 2000
‘‘(f ) AUTOMATED SURFACE OBSERVATION SYSTEM /AUTOMATED
WEATHER OBSERVING SYSTEM UPGRADE.—Of the amounts appropriated under subsection (a) for fiscal years beginning after September 30, 2000, such sums as may be necessary for the
implementation and use of upgrades to the current automated
surface observation system/automated weather observing system,
if the upgrade is successfully demonstrated.’’.
(e) LIFE-CYCLE COST ESTIMATES.—Section 48101 is further
amended by adding at the end the following:
‘‘(g) LIFE-CYCLE COST ESTIMATES.—The Administrator of the
Federal Aviation Administration shall establish life-cycle cost estimates for any air traffic control modernization project the total
life-cycle costs of which equal or exceed $50,000,000.’’.
SEC. 103. FAA OPERATIONS.

(a) IN GENERAL.—Section 106(k) is amended to read as follows:
‘‘(k) AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary of Transportation for operations of the
Administration—
‘‘(A) such sums as may be necessary for fiscal year
2000;
‘‘(B) $6,592,235,000 for fiscal year 2001;
‘‘(C) $6,886,000,000 for fiscal year 2002; and
‘‘(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
‘‘(2) AUTHORIZED EXPENDITURES.—Out of amounts appropriated under paragraph (1), the following expenditures are
authorized:
‘‘(A) $450,000 for each of fiscal years 2000 through
2003 for wildlife hazard mitigation measures and management of the wildlife strike database of the Federal Aviation
Administration.
‘‘(B) $9,100,000 for the 3-fiscal-year period beginning
with fiscal year 2001 to support a university consortium
established to provide an air safety and security management certificate program, working cooperatively with the
Federal Aviation Administration and United States air carriers, except that funds under this subparagraph—
‘‘(i) may not be used for the construction of a
building or other facility; and
‘‘(ii) may only be awarded on the basis of open
competition.
‘‘(C) Such sums as may be necessary for fiscal years
2000 through 2003 to support infrastructure systems
development for both general aviation and the vertical
flight industry.
‘‘(D) Such sums as may be necessary for fiscal years
2000 through 2003 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical
service for trauma patients.
‘‘(E) Such sums as may be necessary for fiscal years
2000 through 2003 to revise existing terminal and en route
procedures and instrument flight rules to facilitate the
takeoff, flight, and landing of tiltrotor aircraft and to

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PUBLIC LAW 106–181—APR. 5, 2000

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improve the national airspace system by separating such
aircraft from congested flight paths of fixed-wing aircraft.
‘‘(F) $3,300,000 for fiscal year 2000 and $3,000,000
for each of fiscal years 2001 through 2003 to implement
the 1998 airport surface operations safety action plan of
the Federal Aviation Administration.
‘‘(G) $9,100,000 for fiscal year 2001 to support air
safety efforts through payment of United States membership obligations in the International Civil Aviation
Organization, to be paid as soon as practicable.
‘‘(H) Such sums as may be necessary for fiscal years
2000 through 2003 for the Secretary to hire additional
inspectors in order to enhance air cargo security programs.
‘‘(I) Such sums as may be necessary for fiscal years
2000 through 2003 to develop and improve training programs (including model training programs and curriculum)
for security screening personnel at airports that will be
used by airlines to meet regulatory requirements relating
to the training and testing of such personnel.’’.
(b) OFFICE OF AIRLINE INFORMATION.—There is authorized to
be appropriated from the Airport and Airway Trust Fund to the
Secretary $4,000,000 for fiscal years beginning after September
30, 2000, to fund the activities of the Office of Airline Information
in the Bureau of Transportation Statistics of the Department of
Transportation.

49 USC 111 note.

SEC. 104. AIP FORMULA CHANGES.

(a) AMOUNTS APPORTIONED TO SPONSORS.—
(1) AMOUNTS TO BE APPORTIONED.—Section 47114(c)(1) is
amended—
(A) in subparagraph (B) by striking ‘‘$500,000’’ and
inserting ‘‘$650,000’’; and
(B) by adding at the end the following:
‘‘(C) SPECIAL RULE.—In any fiscal year in which the
total amount made available under section 48103 is
$3,200,000,000 or more—
‘‘(i) the amount to be apportioned to a sponsor
under subparagraph (A) shall be increased by doubling
the amount that would otherwise be apportioned;
‘‘(ii) the minimum apportionment to a sponsor
under subparagraph (B) shall be $1,000,000 rather
than $650,000; and
‘‘(iii) the maximum apportionment to a sponsor
under subparagraph (B) shall be $26,000,000 rather
than $22,000,000.
‘‘(D) NEW AIRPORTS.—Notwithstanding subparagraph
(A), the Secretary shall apportion on the first day of the
first fiscal year following the official opening of a new
airport with scheduled passenger air transportation an
amount equal to the minimum amount set forth in subparagraph (B) or (C), as appropriate, to the sponsor of such
airport.
‘‘(E) USE OF PREVIOUS FISCAL YEAR’S APPORTIONMENT.—
Notwithstanding subparagraph (A), the Secretary may
apportion to an airport sponsor in a fiscal year an amount
equal to the amount apportioned to that sponsor in the
previous fiscal year if the Secretary finds that—

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114 STAT. 68

PUBLIC LAW 106–181—APR. 5, 2000
‘‘(i) passenger boardings at the airport fell below
10,000 in the calendar year used to calculate the apportionment;
‘‘(ii) the airport had at least 10,000 passenger
boardings in the calendar year prior to the calendar
year used to calculate apportionments to airport sponsors in a fiscal year; and
‘‘(iii) the cause of the shortfall in passenger
boardings was a temporary but significant interruption
in service by an air carrier to that airport due to
an employment action, natural disaster, or other event
unrelated to the demand for air transportation at the
affected airport.’’.
(2) CONFORMING AMENDMENTS.—Section 47114(c)(1) is
amended—
(A) by striking ‘‘(1)(A) The Secretary’’ and inserting
the following:
‘‘(1) PRIMARY AIRPORTS.—
‘‘(A) APPORTIONMENT.—The Secretary’’;
(B) in subparagraph (B) by striking ‘‘(B) Not less’’
and inserting the following:
‘‘(B) MINIMUM AND MAXIMUM APPORTIONMENTS.—Not
less’’; and
(C) by aligning the left margin of subparagraph (A)
(including clauses (i) through (v)) and subparagraph (B)
with subparagraphs (C) and (D) (as added by paragraph
(1)(B) of this subsection).
(b) CARGO ONLY AIRPORTS.—Section 47114(c)(2) is amended—
(1) in subparagraph (A) by striking ‘‘2.5 percent’’ and
inserting ‘‘3 percent’’; and
(2) in subparagraph (C) by striking ‘‘Not more than’’ and
inserting ‘‘In any fiscal year in which the total amount made
available under section 48103 is less than $3,200,000,000, not
more than’’.
(c) ENTITLEMENT FOR GENERAL AVIATION AIRPORTS.—Section
47114(d) is amended to read as follows:
‘‘(d) AMOUNTS APPORTIONED FOR GENERAL AVIATION AIRPORTS.—
‘‘(1) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) AREA.—The term ‘area’ includes land and water.
‘‘(B) POPULATION.—The term ‘population’ means the
population stated in the latest decennial census of the
United States.
‘‘(2) APPORTIONMENT.—Except as provided in paragraph
(3), the Secretary shall apportion to the States 18.5 percent
of the amount subject to apportionment for each fiscal year
as follows:
‘‘(A) 0.66 percent of the apportioned amount to Guam,
American Samoa, the Northern Mariana Islands, and the
Virgin Islands.
‘‘(B) Except as provided in paragraph (4), 49.67 percent
of the apportioned amount for airports, excluding primary
airports but including reliever and nonprimary commercial
service airports, in States not named in subparagraph (A)
in the proportion that the population of each of those
States bears to the total population of all of those States.

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PUBLIC LAW 106–181—APR. 5, 2000

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‘‘(C) Except as provided in paragraph (4), 49.67 percent
of the apportioned amount for airports, excluding primary
airports but including reliever and nonprimary commercial
service airports, in States not named in subparagraph (A)
in the proportion that the area of each of those States
bears to the total area of all of those States.
‘‘(3) SPECIAL RULE.—In any fiscal year in which the total
amount made available under section 48103 is $3,200,000,000
or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the
amount subject to apportionment for each fiscal year as follows:
‘‘(A) To each airport, excluding primary airports but
including reliever and nonprimary commercial service airports, in States the lesser of—
‘‘(i) $150,000; or
‘‘(ii) 1⁄5 of the most recently published estimate
of the 5-year costs for airport improvement for the
airport, as listed in the national plan of integrated
airport systems developed by the Federal Aviation
Administration under section 47103.
‘‘(B) Any remaining amount to States as follows:
‘‘(i) 0.62 percent of the remaining amount to Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Virgin Islands.
‘‘(ii) Except as provided in paragraph (4), 49.69
percent of the remaining amount for airports, excluding
primary airports but including reliever and nonprimary
commercial service airports, in States not named in
clause (i) in the proportion that the population of each
of those States bears to the total population of all
of those States.
‘‘(iii) Except as provided in paragraph (4), 49.69
percent of the remaining amount for airports, excluding
primary airports but including reliever and nonprimary
commercial service airports, in States not named in
clause (i) in the proportion that the area of each of
those States bears to the total area of all of those
States.
‘‘(4) AIRPORTS IN ALASKA, PUERTO RICO, AND HAWAII.—An
amount apportioned under paragraph (2) or (3) to Alaska,
Puerto Rico, or Hawaii for airports in such State may be made
available by the Secretary for any public airport in those respective jurisdictions.
‘‘(5) USE OF STATE HIGHWAY SPECIFICATIONS.—
‘‘(A) IN GENERAL.—The Secretary may permit the use
of State highway specifications for airfield pavement
construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet
or shorter serving aircraft that do not exceed 60,000 pounds
gross weight if the Secretary determines that—
‘‘(i) safety will not be negatively affected; and
‘‘(ii) the life of the pavement will not be shorter
than it would be if constructed using Administration
standards.
‘‘(B) LIMITATION.—An airport may not seek funds under
this subchapter for runway rehabilitation or reconstruction

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PUBLIC LAW 106–181—APR. 5, 2000
of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction
is completed unless the Secretary determines that the
rehabilitation or reconstruction is required for safety reasons.
‘‘(6) INTEGRATED AIRPORT SYSTEM PLANNING.—Notwithstanding any other provision of this subsection, funds made
available under this subsection may be used for integrated
airport system planning that encompasses one or more primary
airports.’’.
(d) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—Section
47114(e) is amended—
(1) in the subsection heading by striking ‘‘ALTERNATIVE’’
and inserting ‘‘SUPPLEMENTAL’’;
(2) in paragraph (1)—
(A) by striking ‘‘Instead of apportioning amounts for
airports in Alaska under’’ and inserting ‘‘IN GENERAL.—
Notwithstanding’’; and
(B) by striking ‘‘those airports’’ and inserting ‘‘airports
in Alaska’’;
(3) in paragraph (2) by inserting ‘‘AUTHORITY FOR DISCRETIONARY GRANTS.—’’ before ‘‘This subsection’’;
(4) by striking paragraph (3) and inserting the following:
‘‘(3) AIRPORTS ELIGIBLE FOR FUNDS.—An amount apportioned under this subsection may be used for any public airport
in Alaska.
‘‘(4) SPECIAL RULE.—In any fiscal year in which the total
amount made available under section 48103 is $3,200,000,000
or more, the amount that may be apportioned for airports
in Alaska under paragraph (1) shall be increased by doubling
the amount that would otherwise be apportioned.’’; and
(5) by indenting paragraph (1) and aligning paragraph
(1) (and its subparagraphs) and paragraph (2) with paragraphs
(3) and (4) (as added by paragraph (4) of this subsection).
(e) GRANTS FOR AIRPORT NOISE COMPATIBILITY PLANNING.—
Section 47117(e)(1)(A) is amended by striking ‘‘31 percent’’ each
place it appears and inserting ‘‘34 percent’’.
(f ) GRANTS FOR RELIEVER AIRPORTS.—Section 47117(e)(1) is
amended by adding at the end the following:
‘‘(C) In any fiscal year in which the total amount made
available under section 48103 is $3,200,000,000 or more, at
least two-thirds of 1 percent for grants to sponsors of reliever
airports which have—
‘‘(i) more than 75,000 annual operations;
‘‘(ii) a runway with a minimum usable landing distance
of 5,000 feet;
‘‘(iii) a precision instrument landing procedure;
‘‘(iv) a minimum number of aircraft, to be determined
by the Secretary, based at the airport; and
‘‘(v) been designated by the Secretary as a reliever
airport to an airport with 20,000 hours of annual delays
in commercial passenger aircraft takeoffs and landings.’’.
(g) REPEAL OF APPORTIONMENT LIMITATION ON COMMERCIAL
SERVICE AIRPORTS IN ALASKA.—Section 47117 is amended by
striking subsection (f ) and by redesignating subsections (g) and
(h) as subsections (f ) and (g), respectively.

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114 STAT. 71

SEC. 105. PASSENGER FACILITY FEES.

(a) AUTHORITY TO IMPOSE HIGHER FEE.—Section 40117(b) is
amended by adding at the end the following:
‘‘(4) In lieu of authorizing a fee under paragraph (1), the Secretary may authorize under this section an eligible agency to impose
a passenger facility fee of $4.00 or $4.50 on each paying passenger
of an air carrier or foreign air carrier boarding an aircraft at
an airport the agency controls to finance an eligible airport-related
project, including making payments for debt service on indebtedness
incurred to carry out the project, if the Secretary finds—
‘‘(A) in the case of an airport that has more than .25
percent of the total number of annual boardings in the United
States, that the project will make a significant contribution
to improving air safety and security, increasing competition
among air carriers, reducing current or anticipated congestion,
or reducing the impact of aviation noise on people living near
the airport; and
‘‘(B) that the project cannot be paid for from funds reasonably expected to be available for the programs referred to
in section 48103.’’.
(b) LIMITATION ON APPROVAL OF CERTAIN APPLICATIONS.—
Section 40117(d) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) in the case of an application to impose a fee of more
than $3.00 for an eligible surface transportation or terminal
project, the agency has made adequate provision for financing
the airside needs of the airport, including runways, taxiways,
aprons, and aircraft gates.’’.
(c)
REDUCING
APPORTIONMENTS.—Section
47114(f )
is
amended—
(1) by striking ‘‘An amount’’ and inserting ‘‘(1) IN GENERAL.—Subject to paragraph (3), an amount’’;
(2) by striking ‘‘an amount equal to’’ and all that follows
through the period at the end and inserting the following:
‘‘an amount equal to—
‘‘(A) in the case of a fee of $3.00 or less, 50 percent
of the projected revenues from the fee in the fiscal year
but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and
‘‘(B) in the case of a fee of more than $3.00, 75 percent
of the projected revenues from the fee in the fiscal year
but not by more than 75 percent of the amount that otherwise would be apportioned under this section.’’;
(3) by adding at the end the following:
‘‘(2) EFFECTIVE DATE OF REDUCTION.—A reduction in an
apportionment required by paragraph (1) shall not take effect
until the first fiscal year following the year in which the collection of the fee imposed under section 40117 is begun.
‘‘(3) SPECIAL RULE FOR TRANSITIONING AIRORTS.—
‘‘(A) IN GENERAL.—Beginning with the fiscal year following the first calendar year in which the sponsor of
an airport has more than .25 percent of the total number
of boardings in the United States, the sum of the amount

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PUBLIC LAW 106–181—APR. 5, 2000
that would be apportioned under this section after application of paragraph (1) in a fiscal year to such sponsor
and the projected revenues to be derived from the fee
in such fiscal year shall not be less than the sum of the
apportionment to such airport for the preceding fiscal year
and the revenues derived from such fee in the preceding
fiscal year.
‘‘(B) EFFECTIVE PERIOD.—Subparagraph (A) shall be
in effect for fiscal years 2000 through 2003.’’; and
(4) by aligning paragraph (1) of such section (as designated
by paragraph (1) of this section) with paragraph (2) of such
section (as added by paragraph (3) of this section).

49 USC 48101
note.

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SEC. 106. FUNDING FOR AVIATION PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.—
(A) IN GENERAL.—The total budget resources made
available from the Airport and Airway Trust Fund each
fiscal year through fiscal year 2003 pursuant to sections
48101, 48102, 48103, and 106(k) of title 49, United States
Code, shall be equal to the level of receipts plus interest
credited to the Airport and Airway Trust Fund for that
fiscal year. Such amounts may be used only for aviation
investment programs listed in subsection (b).
(B) GUARANTEE.—No funds may be appropriated or
limited for aviation investment programs listed in subsection (b) unless the amount described in subparagraph
(A) has been provided.
(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM
THE GENERAL FUND.—In any fiscal year through fiscal year
2003, if the amount described in paragraph (1) is appropriated,
there is further authorized to be appropriated from the general
fund of the Treasury such sums as may be necessary for the
Federal Aviation Administration Operations account.
(b) DEFINITIONS.—In this section, the following definitions
apply:
(1) TOTAL BUDGET RESOURCES.—The term ‘‘total budget
resources’’ means the total amount made available from the
Airport and Airway Trust Fund for the sum of obligation limitations and budget authority made available for a fiscal year
for the following budget accounts that are subject to the obligation limitation on contract authority provided in this Act and
for which appropriations are provided pursuant to authorizations contained in this Act:
(A) 69–8106–0–7–402 (Grants in Aid for Airports).
(B) 69–8107–0–7–402 (Facilities and Equipment).
(C) 69–8108–0–7–402 (Research and Development).
(D) 69–8104–0–7–402 (Trust Fund Share of Operations).
(2) LEVEL OF RECEIPTS PLUS INTEREST.—The term ‘‘level
of receipts plus interest’’ means the level of excise taxes and
interest credited to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 for a fiscal
year as set forth in the President’s budget baseline projection
as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) (Treasury

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114 STAT. 73

identification code 20–8103–0–7–402) for that fiscal year submitted pursuant to section 1105 of title 31, United States
Code.
(c) ENFORCEMENT OF GUARANTEES.—
(1) TOTAL AIRPORT AND AIRWAY TRUST FUND FUNDING.—
It shall not be in order in the House of Representatives or
the Senate to consider any bill, joint resolution, amendment,
motion, or conference report that would cause total budget
resources in a fiscal year for aviation investment programs
described in subsection (b) to be less than the amount required
by subsection (a)(1)(A) for such fiscal year.
(2) CAPITAL PRIORITY.—It shall not be in order in the House
of Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report that provides an appropriation (or any amendment thereto) for any
fiscal year through fiscal year 2003 for Research and Development or Operations if the sum of the obligation limitation
for Grants-in-Aid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum
of the authorized levels for Grants-in-Aid for Airports and
for Facilities and Equipment for such fiscal year.
(d) CONFORMING AMENDMENT.—Section 48104 is amended—
(1) by striking ‘‘Except as provided in this section,’’ in
subsection (a); and
(2) by striking subsections (b) and (c).
SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING.

(a) IN GENERAL.—Chapter 481 is amended by adding at the
end the following:
‘‘§ 48112. Adjustment to AIP program funding
‘‘On the effective date of a general appropriations Act providing
appropriations for a fiscal year beginning after September 30, 2000,
for the Federal Aviation Administration, the amount made available
for a fiscal year under section 48103 shall be increased by the
amount, if any, by which—
‘‘(1) the amount authorized to be appropriated under section
48101 for such fiscal year; exceeds
‘‘(2) the amounts appropriated for programs funded under
such section for such fiscal year.
Any contract authority made available by this section shall be
subject to an obligation limitation.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
is amended by adding at the end the following:
‘‘48112. Adjustment to AIP program funding.’’.
SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT.

(a) IN GENERAL.—Chapter 481 is further amended by adding
at the end the following:
‘‘§ 48113. Reprogramming notification requirement
‘‘Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit
a written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate

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114 STAT. 74

PUBLIC LAW 106–181—APR. 5, 2000
and the Committee on Transportation and Infrastructure of the
House of Representatives.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 481
is amended by adding at the end the following:
‘‘48113. Reprogramming notification requirement.’’.

Subtitle B—Airport Development
SEC. 121. RUNWAY INCURSION PREVENTION DEVICES AND EMERGENCY CALL BOXES.

(a) POLICY.—Section 47101(a)(11) is amended by inserting
‘‘(including integrated in-pavement lighting systems for runways
and taxiways and other runway and taxiway incursion prevention
devices)’’ after ‘‘technology’’ the first place it appears.
(b) MAXIMUM USE OF SAFETY FACILITIES.—Section 47101(f ) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) runway and taxiway incursion prevention devices,
including integrated in-pavement lighting systems for runways
and taxiways.’’.
(c) INCLUSION OF UNIVERSAL ACCESS SYSTEMS AND EMERGENCY
CALL BOXES AS AIRPORT DEVELOPMENT.—Section 47102(3)(B) is
amended—
(1) in clause (ii)—
(A) by striking ‘‘and universal access systems,’’ and
inserting ‘‘, universal access systems, and emergency call
boxes,’’; and
(B) by inserting ‘‘and integrated in-pavement lighting
systems for runways and taxiways and other runway and
taxiway incursion prevention devices’’ before the semicolon
at the end; and
(2) by inserting before the semicolon at the end of clause
(iii) the following: ‘‘, including closed circuit weather surveillance equipment if the airport is located in Alaska’’.
SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE
LIGHTING EXTENSIONS.

Section 47102(3)(B) is amended—
(1) by striking ‘‘and’’ at the end of clause (v);
(2) by striking the period at the end of clause (vi) and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(vii) windshear detection equipment that is certified by the Administrator of the Federal Aviation
Administration;
‘‘(viii) stainless steel adjustable lighting extensions
approved by the Administrator; and’’.
SEC. 123. PAVEMENT MAINTENANCE.

(a) REPEAL OF PILOT PROGRAM.—
(1) IN GENERAL.—Section 47132 is repealed.
(2) CONFORMING AMENDMENT.—The analysis for chapter
471 is amended by striking the item relating to section 47132.

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114 STAT. 75

(b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Section 47102(3)
is amended by adding at the end the following:
‘‘(H) routine work to preserve and extend the useful
life of runways, taxiways, and aprons at airports that are
not primary airports, under guidelines issued by the
Administrator of the Federal Aviation Administration.’’.
SEC. 124. ENHANCED VISION TECHNOLOGIES.

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

49 USC 44502
note.
Deadlines.
Contracts.

SEC. 125. PUBLIC NOTICE BEFORE WAIVER WITH RESPECT TO LAND.

(a) WAIVER OF GRANT ASSURANCE.—Section 47107(h) is
amended to read as follows:
‘‘(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH
ADDITIONAL ASSURANCES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), before modifying an assurance required of a person receiving a grant
under this subchapter and in effect after December 29, 1987,
or to require compliance with an additional assurance from
the person, the Secretary of Transportation must—
‘‘(A) publish notice of the proposed modification in the
Federal Register; and
‘‘(B) provide an opportunity for comment on the proposal.
‘‘(2) PUBLIC NOTICE BEFORE WAIVER OF AERONAUTICAL LANDUSE ASSURANCE.—Before modifying an assurance under subsection (c)(2)(B) that requires any property to be used for an
aeronautical purpose, the Secretary must provide notice to the
public not less than 30 days before making such modification.’’.
(b) WAIVER OF CONDITION ON CONVEYANCE OF LAND.—Section
47125(a) is amended by adding at the end the following: ‘‘Before
waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide
notice to the public not less than 30 days before waiving such
condition.’’.
(c) SURPLUS PROPERTY.—Section 47151 is amended by adding
at the end the following:

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114 STAT. 76
Deadline.

Deadline.

49 USC 47107
note.

PUBLIC LAW 106–181—APR. 5, 2000
‘‘(d) WAIVER OF CONDITION.—Before the Secretary may waive
any condition imposed on an interest in surplus property conveyed
under subsection (a) that such interest be used for an aeronautical
purpose, the Secretary must provide notice to the public not less
than 30 days before waiving such condition.’’.
(d) WAIVER OF CERTAIN TERM.—Section 47153 is amended by
adding at the end the following:
‘‘(c) PUBLIC NOTICE BEFORE WAIVER.—Notwithstanding subsections (a) and (b), before the Secretary may waive any term
imposed under this section that an interest in land be used for
an aeronautical purpose, the Secretary must provide notice to the
public not less than 30 days before waiving such term.’’.
(e) LIMITATION.—Nothing in any amendment made by this section shall be construed to authorize the Secretary to issue a waiver
or make a modification referred to in such amendment.
SEC. 126. MATCHING SHARE.

Section 47109(a) is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
‘‘(2) not more than 90 percent for a project funded by
a grant issued to and administered by a State under section
47128, relating to the State block grant program;’’.
SEC. 127. LETTERS OF INTENT.

Section 47110(e) is amended—
(1) by striking paragraph (2)(C) and inserting the following:
‘‘(C) that meets the criteria of section 47115(d) and, if
for a project at a commercial service airport having at least
0.25 percent of the boardings each year at all such airports,
the Secretary decides will enhance system-wide airport capacity
significantly.’’; and
(2) by striking paragraph (5) and inserting the following:
‘‘(5) LETTERS OF INTENT.—The Secretary may not require an
eligible agency to impose a passenger facility fee under section
40117 in order to obtain a letter of intent under this section.’’.
SEC. 128. GRANTS FROM SMALL AIRPORT FUND.

(a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPERCERTIFICATES.—Section 47116 is amended by adding at the
end the following:
‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPERATING CERTIFICATES.—In the first fiscal year beginning after the
effective date of regulations issued to carry out section 44706(b)
with respect to airports described in section 44706(a)(2), and in
each of the next 4 fiscal years, the lesser of $15,000,000 or 20
percent of the amounts that would otherwise be distributed to
sponsors of airports under subsection (b)(2) shall be used to assist
the airports in meeting the terms established by the regulations.
If the Secretary publishes in the Federal Register a finding that
all the terms established by the regulations have been met, this
subsection shall cease to be effective as of the date of such publication.’’.
(b) NOTIFICATION OF SOURCE OF GRANT.—Section 47116 is further amended by adding at the end the following:
‘‘(f ) NOTIFICATION OF SOURCE OF GRANT.—Whenever the Secretary makes a grant under this section, the Secretary shall notify
ATING

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114 STAT. 77

the recipient of the grant, in writing, that the source of the grant
is from the small airport fund.’’.
(c) TECHNICAL AMENDMENTS.—Section 47116(d) is amended—
(1) by striking ‘‘In making’’ and inserting the following:
‘‘(1) CONSTRUCTION OF NEW RUNWAYS.—In making’’;
(2) by adding at the end the following:
‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE POWERED AIRCRAFT.—In making grants to sponsors described in subsection
(b)(1), the Secretary shall give priority consideration to airport
development projects to support operations by turbine powered
aircraft if the non-Federal share of the project is at least
40 percent.’’; and
(3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.

Section 47117(f ) (as redesignated by section 104(g) of this Act)
is amended to read as follows:
‘‘(f ) DISCRETIONARY USE OF APPORTIONMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), if the Secretary
finds that all or part of an amount of an apportionment under
section 47114 is not required during a fiscal year to fund
a grant for which the apportionment may be used, the Secretary
may use during such fiscal year the amount not so required
to make grants for any purpose for which grants may be made
under section 48103. The finding may be based on the notifications that the Secretary receives under section 47105(f ) or
on other information received from airport sponsors.
‘‘(2) RESTORATION OF APPORTIONMENTS.—
‘‘(A) IN GENERAL.—If the fiscal year for which a finding
is made under paragraph (1) with respect to an apportionment is not the last fiscal year of availability of the apportionment under subsection (b), the Secretary shall restore
to the apportionment an amount equal to the amount of
the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient amount is made available under section 48103.
‘‘(B) PERIOD OF AVAILABILITY.—If restoration under this
paragraph is made in the fiscal year for which the finding
is made or the succeeding fiscal year, the amount restored
shall be subject to the original period of availability of
the apportionment under subsection (b). If the restoration
is made thereafter, the amount restored shall remain available in accordance with subsection (b) for the original
period of availability of the apportionment plus the number
of fiscal years during which a sufficient amount was not
available for the restoration.
‘‘(3) NEWLY AVAILABLE AMOUNTS.—
‘‘(A) RESTORED AMOUNTS TO BE UNAVAILABLE FOR
DISCRETIONARY GRANTS.—Of an amount newly available
under section 48103 of this title, an amount equal to the
amounts restored under paragraph (2) shall not be available for discretionary grant obligations under section
47115.
‘‘(B) USE OF REMAINING AMOUNTS.—Subparagraph (A)
does not impair the Secretary’s authority under paragraph

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(1), after a restoration under paragraph (2), to apply all
or part of a restored amount that is not required to fund
a grant under an apportionment to fund discretionary
grants.
‘‘(4) LIMITATIONS ON OBLIGATIONS APPLY.—Nothing in this
subsection shall be construed to authorize the Secretary to
incur grant obligations under section 47104 for a fiscal year
in an amount greater than the amount made available under
section 48103 for such obligations for such fiscal year.’’.
SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

(a) IN GENERAL.—Section 47118 is amended—
(1) in subsection (a)—
(A) by striking ‘‘12’’ and inserting ‘‘15’’; and
(B) by striking paragraph (2) and inserting the following:
‘‘(2) the airport is a military installation with both military
and civil aircraft operations.’’;
(2) by striking subsection (c) and inserting the following:
‘‘(c) CONSIDERATIONS.—In carrying out this section, the Secretary shall consider only current or former military airports for
designation under this section if a grant under section
47117(e)(1)(B) would—
‘‘(1) reduce delays at an airport with more than 20,000
hours of annual delays in commercial passenger aircraft takeoffs and landings; or
‘‘(2) enhance airport and air traffic control system capacity
in a metropolitan area or reduce current and projected flight
delays.’’;
(3) in subsection (d)—
(A) by striking ‘‘47117(e)(1)(E)’’ and inserting
‘‘47117(e)(1)(B)’’;
(B) by striking ‘‘5-fiscal-year periods’’ and inserting
‘‘periods, each not to exceed 5 fiscal years,’’; and
(C) by striking ‘‘each such subsequent 5-fiscal-year
period’’ and inserting ‘‘each such subsequent period’’; and
(4) by adding at the end the following:
‘‘(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—Notwithstanding any other provision of this section, one of the airports
bearing a designation under subsection (a) may be a general aviation airport that was a former military installation closed or
realigned under a section referred to in subsection (a)(1).’’.
(b) TERMINAL BUILDING FACILITIES.—Section 47118(e) is
amended by striking ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.
(c) ELIGIBILITY OF AIR CARGO TERMINALS.—Section 47118(f )
is amended—
(1) in subsection heading by striking ‘‘AND HANGARS’’ and
inserting ‘‘HANGARS, AND AIR CARGO TERMINALS’’;
(2) by striking ‘‘$4,000,000’’ and inserting ‘‘$7,000,000’’; and
(3) by inserting after ‘‘hangars’’ the following: ‘‘and air
cargo terminals of an area that is 50,000 square feet or less’’.
SEC. 131. CONTRACT TOWER COST-SHARING.

Section 47124(b) is amended by adding at the end the following:
‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER PILOT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall establish a pilot
program to contract for air traffic control services at Level

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114 STAT. 79

I air traffic control towers, as defined by the Secretary,
that do not qualify for the contract tower program established under subsection (a) and continued under paragraph
(1) (in this paragraph referred to as the ‘Contract Tower
Program’).
‘‘(B) PROGRAM COMPONENTS.—In carrying out the pilot
program, the Secretary shall—
‘‘(i) utilize for purposes of cost-benefit analyses,
current, actual, site-specific data, forecast estimates,
or airport master plan data provided by a facility owner
or operator and verified by the Secretary; and
‘‘(ii) approve for participation only facilities willing
to fund a pro rata share of the operating costs of
the air traffic control tower to achieve a 1-to-1 benefitto-cost ratio using actual site-specific contract tower
operating costs in any case in which there is an operating air traffic control tower, as required for eligibility
under the Contract Tower Program.
‘‘(C) PRIORITY.—In selecting facilities to participate in
the pilot program, the Secretary shall give priority to the
following facilities:
‘‘(i) Air traffic control towers that are participating
in the Contract Tower Program but have been notified
that they will be terminated from such program
because the Secretary has determined that the benefitto-cost ratio for their continuation in such program
is less than 1.0.
‘‘(ii) Air traffic control towers that the Secretary
determines have a benefit-to-cost ratio of at least .50.
‘‘(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the
air traffic controllers strike in 1981.
‘‘(iv) Air traffic control towers located at airports
or points at which an air carrier is receiving compensation under the essential air service program under
this chapter.
‘‘(v) Air traffic control towers located at airports
that are prepared to assume partial responsibility for
maintenance costs.
‘‘(vi) Air traffic control towers located at airports
with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft.
‘‘(vii) Air traffic control towers located at an airport
at which the community has been operating the tower
at its own expense.
‘‘(D) COSTS EXCEEDING BENEFITS.—If the costs of operating an air traffic tower under the pilot program exceed
the benefits, the airport sponsor or State or local government having jurisdiction over the airport shall pay the
portion of the costs that exceed such benefit.
‘‘(E) FUNDING.—Subject to paragraph (4)(D), of the
amounts appropriated pursuant to section 106(k), not more
than $6,000,000 per fiscal year may be used to carry out
this paragraph.
‘‘(4) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.—

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PUBLIC LAW 106–181—APR. 5, 2000
‘‘(A) IN GENERAL.—Notwithstanding any other provision of this subchapter, the Secretary may provide grants
under this subchapter to not more than two airport sponsors for the construction of a low-level activity visual flight
rule (level 1) air traffic control tower, as defined by the
Secretary.
‘‘(B) ELIGIBILITY.—A sponsor shall be eligible for a
grant under this paragraph if—
‘‘(i) the sponsor would otherwise be eligible to
participate in the pilot program established under
paragraph (3) except for the lack of the air traffic
control tower proposed to be constructed under this
subsection; and
‘‘(ii) the sponsor agrees to fund not less than 25
percent of the costs of construction of the air traffic
control tower.
‘‘(C) PROJECT COSTS.—Grants under this paragraph
shall be paid only from amounts apportioned to the sponsor
under section 47114(c)(1).
‘‘(D) FEDERAL SHARE.—The Federal share of the cost
of construction of an air traffic control tower under this
paragraph may not exceed $1,100,000.’’.
SEC. 132. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

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

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(b) CONFORMING AMENDMENT.—The analysis for subchapter I
of chapter 471 is amended by adding at the end the following:
‘‘47135. Innovative financing techniques.’’.
SEC. 133. INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT PROGRAM.

(a) IN GENERAL.—Subchapter I of chapter 471 is further
amended by adding at the end the following:
‘‘§ 47136. Inherently low-emission airport vehicle pilot program
‘‘(a) IN GENERAL.—The Secretary of Transportation shall carry
out a pilot program at not more than 10 public-use airports under
which the sponsors of such airports may use funds made available
under section 48103 for use at such airports to carry out inherently
low-emission vehicle activities. Notwithstanding any other provision
of this subchapter, inherently low-emission vehicle activities shall
for purposes of the pilot program be treated as eligible for assistance
under this subchapter.
‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS.—
‘‘(1) IN GENERAL.—A public-use airport shall be eligible
for participation in the pilot program only if the airport is
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)).
‘‘(2) SHORTAGE OF CANDIDATES.—If the Secretary receives
an insufficient number of applications from public-use airports
located in such areas, then the Secretary may consider applications from public-use airports that are not located in such
areas.
‘‘(c) SELECTION CRITERIA.—In selecting from among applicants
for participation in the pilot program, the Secretary shall give
priority consideration to applicants that will achieve the greatest
air quality benefits measured by the amount of emissions reduced
per dollar of funds expended under the pilot program.
‘‘(d) UNITED STATES GOVERNMENT’S SHARE.—Notwithstanding
any other provision of this subchapter, the United States Government’s share of the costs of a project carried out under the pilot
program shall be 50 percent.
‘‘(e) MAXIMUM AMOUNT.—Not more than $2,000,000 may be
expended under the pilot program at any single public-use airport.
‘‘(f ) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The sponsor of a public-use airport carrying out inherently low-emission vehicle activities under the
pilot program may use not more than 10 percent of the amounts
made available for expenditure at the airport in a fiscal year
under the pilot program to receive technical assistance in carrying out such activities.
‘‘(2) ELIGIBLE CONSORTIUM.—To the maximum extent practicable, participants in the pilot program shall use an eligible
consortium (as defined in section 5506 of this title) in the
region of the airport to receive technical assistance described
in paragraph (1).
‘‘(g) MATERIALS IDENTIFYING BEST PRACTICES.—The Administrator may develop and make available materials identifying best
practices for carrying out low-emission vehicle activities based on
the projects carried out under the pilot program and other sources.

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114 STAT. 82
Deadline.

PUBLIC LAW 106–181—APR. 5, 2000
‘‘(h) REPORT TO CONGRESS.—Not later than 18 months after
the date of the enactment of this section, the Secretary shall
transmit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing—
‘‘(1) an evaluation of the effectiveness of the pilot program;
‘‘(2) an identification of other public-use airports that
expressed an interest in participating in the pilot program;
and
‘‘(3) a description of the mechanisms used by the Secretary
to ensure that the information and know-how gained by participants in the pilot program is transferred among the participants
and to other interested parties, including other public-use airports.
‘‘(i) INHERENTLY LOW-EMISSION VEHICLE ACTIVITY DEFINED.—
In this section, the term ‘inherently low-emission vehicle activity’
means—
‘‘(1) the construction of infrastructure or modifications at
public-use airports to enable the delivery of fuel and services
necessary for the use of vehicles that are certified as inherently
low-emission vehicles under title 40 of the Code of Federal
Regulations and that—
‘‘(A) operate exclusively on compressed natural gas,
liquefied natural gas, liquefied petroleum gas, electricity,
hydrogen, or a blend at least 85 percent of which is methanol;
‘‘(B) are labeled in accordance with section 88.312–
93(c) of such title; and
‘‘(C) are located or primarily used at public-use airports;
‘‘(2) the construction of infrastructure or modifications at
public-use airports to enable the delivery of fuel and services
necessary for the use of nonroad vehicles that—
‘‘(A) operate exclusively on compressed natural gas,
liquefied natural gas, liquefied petroleum gas, electricity,
hydrogen, or a blend at least 85 percent of which is methanol;
‘‘(B) meet or exceed the standards set forth in section
86.1708–99 of such title or the standards set forth in section
89.112(a) of such title, and are in compliance with the
requirements of section 89.112(b) of such title; and
‘‘(C) are located or primarily used at public-use airports;
‘‘(3) the payment of that portion of the cost of acquiring
vehicles described in this subsection that exceeds the cost of
acquiring other vehicles or engines that would be used for
the same purpose; or
‘‘(4) the acquisition of technological capital equipment to
enable the delivery of fuel and services necessary for the use
of vehicles described in paragraph (1).’’.
(b) CONFORMING AMENDMENT.—The analysis for subchapter I
of chapter 471 is further amended by adding at the end the following:
‘‘47136. Inherently low-emission airport vehicle pilot program.’’.

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114 STAT. 83

SEC. 134. AIRPORT SECURITY PROGRAM.

(a) IN GENERAL.—Subchapter I of chapter 471 is further
amended by adding at the end the following:
‘‘§ 47137. Airport security program
‘‘(a) GENERAL AUTHORITY.—To improve security at public airports in the United States, the Secretary of Transportation shall
carry out not less than one project to test and evaluate innovative
aviation security systems and related technology.
‘‘(b) PRIORITY.—In carrying out this section, the Secretary shall
give the highest priority to a request from an eligible sponsor
for a grant to undertake a project that—
‘‘(1) evaluates and tests the benefits of innovative aviation
security systems or related technology, including explosives
detection systems, for the purpose of improving aviation and
aircraft physical security, access control, and passenger and
baggage screening; and
‘‘(2) provides testing and evaluation of airport security systems and technology in an operational, testbed environment.
‘‘(c) MATCHING SHARE.—Notwithstanding section 47109, the
United States Government’s share of allowable project costs for
a project under this section shall be 100 percent.
‘‘(d) TERMS AND CONDITIONS.—The Secretary may establish
such terms and conditions as the Secretary determines appropriate
for carrying out a project under this section, including terms and
conditions relating to the form and content of a proposal for a
project, project assurances, and schedule of payments.
‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this section, the term
‘eligible sponsor’ means a nonprofit corporation composed of a
consortium of public and private persons, including a sponsor of
a primary airport, with the necessary engineering and technical
expertise to successfully conduct the testing and evaluation of airport and aircraft related security systems.
‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts made
available to the Secretary under section 47115 in a fiscal year,
the Secretary shall make available not less than $5,000,000 for
the purpose of carrying out this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for subchapter I
of chapter 471 is further amended by adding at the end the following:
‘‘47137. Airport security program.’’.
SEC. 135. TECHNICAL AMENDMENTS.

(a) PASSENGER FACILITY FEE WAIVER FOR CERTAIN CLASS OF
CARRIERS.—Section 40117(e)(2) is amended—
(1) in subparagraph (B) by striking ‘‘and’’ at the end; and
(2) by adding at the end the following:
‘‘(D) on flights, including flight segments, between 2 or
more points in Hawaii; and
‘‘(E) in Alaska aboard an aircraft having a seating capacity
of less than 60 passengers.’’.
(b) PASSENGER FACILITY FEE WAIVER FOR CERTAIN CLASS OF
CARRIERS OR FOR SERVICE TO AIRPORTS IN ISOLATED COMMUNITIES.—Section 40117 is amended—
(1) in subsection (i)(1) by striking ‘‘and’’ at the end;
(2) in subsection (i)(2)(D) by striking the period at the
end and inserting ‘‘; and’’;

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PUBLIC LAW 106–181—APR. 5, 2000
(3) by adding at the end of subsection (i) the following:
‘‘(3) may permit an eligible agency to request that collection
of a passenger facility fee be waived for—
‘‘(A) passengers enplaned by any class of air carrier
or foreign air carrier if the number of passengers enplaned
by the carriers in the class constitutes not more than
one percent of the total number of passengers enplaned
annually at the airport at which the fee is imposed; or
‘‘(B) passengers enplaned on a flight to an airport—
‘‘(i) that has fewer than 2,500 passenger boardings
each year and receives scheduled passenger service;
or
‘‘(ii) in a community which has a population of
less than 10,000 and is not connected by a land highway or vehicular way to the land-connected National
Highway System within a State.’’; and
(4) by adding at the end the following:
‘‘( j) LIMITATION ON CERTAIN ACTIONS.—A State, political subdivision of a State, or authority of a State or political subdivision
that is not the eligible agency may not tax, regulate, or prohibit
or otherwise attempt to control in any manner, the imposition
or collection of a passenger facility fee or the use of the revenue
from the passenger facility fee.’’.
(c) CONTINUATION OF PROJECT FUNDING.—Section 47108 is
amended by adding at the end the following:
‘‘(e) CHANGE IN AIRPORT STATUS.—
‘‘(1) CHANGES TO NONPRIMARY AIRPORT STATUS.—If the
status of a primary airport changes to a nonprimary airport
at a time when a development project under a multiyear agreement under subsection (a) is not yet completed, the project
shall remain eligible for funding from discretionary funds under
section 47115 at the funding level and under the terms provided
by the agreement, subject to the availability of funds.
‘‘(2) CHANGES TO NONCOMMERCIAL SERVICE AIRPORT
STATUS.—If the status of a commercial service airport changes
to a noncommercial service airport at a time when a terminal
development project under a phased-funding arrangement is
not yet completed, the project shall remain eligible for funding
from discretionary funds under section 47115 at the funding
level and under the terms provided by the arrangement subject
to the availability of funds.’’.
(d) REFERENCES TO GIFTS.—Chapter 471 is amended—
(1) in section 47151—
(A) in subsection (a)—
(i) in the matter preceding paragraph (1) by
striking ‘‘give’’ and inserting ‘‘convey to’’; and
(ii) in paragraph (2) by striking ‘‘gift’’ and inserting
‘‘conveyance’’;
(B) in subsection (b)—
(i) by striking ‘‘giving’’ and inserting ‘‘conveying’’;
and
(ii) by striking ‘‘gift’’ and inserting ‘‘conveyance’’;
and
(C) in subsection (c)—
(i) in the subsection heading by striking ‘‘GIVEN’’
and inserting ‘‘CONVEYED’’; and
(ii) by striking ‘‘given’’ and inserting ‘‘conveyed’’;

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(2) in section 47152—
(A) in the section heading by striking ‘‘gifts’’ and
inserting ‘‘conveyances’’; and
(B) in the matter preceding paragraph (1) by striking
‘‘gift’’ and inserting ‘‘conveyance’’;
(3) in section 47153(a)(1)—
(A) by striking ‘‘gift’’ each place it appears and inserting
‘‘conveyance’’; and
(B) by striking ‘‘given’’ and inserting ‘‘conveyed’’; and
(4) in the analysis for such chapter by striking the item
relating to section 47152 and inserting the following:
‘‘47152. Terms of conveyances.’’.
SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIRPORTS.

Section 47151 (as amended by section 125(c) of this Act) is
further amended by adding at the end the following:
‘‘(e) REQUESTS BY PUBLIC AGENCIES.—Except with respect to
a request made by another department, agency, or instrumentality
of the executive branch of the United States Government, such
a department, agency, or instrumentality shall give priority consideration to a request made by a public agency (as defined in section
47102) for surplus property described in subsection (a) (other than
real property that is subject to section 2687 of title 10, section
201 of the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687 note), or section 2905 of
the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note)) for use at a public airport.’’.
SEC. 137. INTERMODAL CONNECTIONS.

(a) AIRPORT IMPROVEMENT POLICY.—Section 47101(a)(5) is
amended to read as follows:
‘‘(5) to encourage the development of intermodal connections on airport property between aeronautical and other
transportation modes and systems to serve air transportation
passengers and cargo efficiently and effectively and promote
economic development;’’.
(b) AIRPORT DEVELOPMENT DEFINED.—Section 47102(3) (as
amended by section 123(b)) is further amended by adding at the
end the following:
‘‘(I) constructing, reconstructing, or improving an airport, or purchasing nonrevenue generating capital equipment to be owned by an airport, for the purpose of transferring passengers, cargo, or baggage between the aeronautical and ground transportation modes on airport property.’’.
SEC. 138. STATE BLOCK GRANT PROGRAM.

Section 47128(a) is amended by striking ‘‘8 qualified States
for fiscal year 1997 and 9 qualified States for each fiscal year
thereafter’’ and insert ‘‘9 qualified States for fiscal years 2000
and 2001 and 10 qualified States for each fiscal year thereafter’’.
SEC. 139. DESIGN-BUILD CONTRACTING.

(a) PILOT PROGRAM.—The Administrator may establish a pilot
program under which design-build contracts may be used to carry
out up to 7 projects at airports in the United States with a grant
awarded under section 47104 of title 49, United States Code. A

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PUBLIC LAW 106–181—APR. 5, 2000
sponsor of an airport may submit an application to the Administrator to carry out a project otherwise eligible for assistance under
chapter 471 of such title under the pilot program.
(b) USE OF DESIGN-BUILD CONTRACTS.—Under the pilot program, the Administrator may approve an application of an airport
sponsor under this section to authorize the airport sponsor to award
a design-build contract using a selection process permitted under
applicable State or local law if—
(1) the Administrator approves the application using criteria established by the Administrator;
(2) the design-build contract is in a form that is approved
by the Administrator;
(3) the Administrator is satisfied that the contract will
be executed pursuant to competitive procedures and contains
a schematic design adequate for the Administrator to approve
the grant;
(4) use of a design-build contract will be cost effective
and expedite the project;
(5) the Administrator is satisfied that there will be no
conflict of interest; and
(6) the Administrator is satisfied that the selection process
will be as open, fair, and objective as the competitive bid
system and that at least three or more bids will be submitted
for each project under the selection process.
(c) REIMBURSEMENT OF COSTS.—The Administrator may
reimburse an airport sponsor for design and construction costs
incurred before a grant is made pursuant to this section if the
project is approved by the Administrator in advance and is carried
out in accordance with all administrative and statutory requirements that would have been applicable under chapter 471 of title
49, United States Code, if the project were carried out after a
grant agreement had been executed.
(d) DESIGN-BUILD CONTRACT DEFINED.—In this section, the
term ‘‘design-build contract’’ means an agreement that provides
for both design and construction of a project by a contractor.
(e) EXPIRATION OF AUTHORITY.—The authority of the Administrator to carry out the pilot program under this section shall expire
on September 30, 2003.

Subtitle C—Miscellaneous
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED
PROJECTS.

Section 40117(a) is amended to read as follows:
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) AIRPORT, COMMERCIAL SERVICE AIRPORT, AND PUBLIC
AGENCY.—The terms ‘airport’, ‘commercial service airport’, and
‘public agency’ have the meaning those terms have under section 47102.
‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible agency’ means
a public agency that controls a commercial service airport.
‘‘(3) ELIGIBLE AIRPORT-RELATED PROJECT.—The term
‘eligible airport-related project’ means any of the following
projects:

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‘‘(A) A project for airport development or airport planning under subchapter I of chapter 471.
‘‘(B) A project for terminal development described in
section 47110(d).
‘‘(C) A project for airport noise capability planning
under section 47505.
‘‘(D) A project to carry out noise compatibility measures
eligible for assistance under section 47504, whether or
not a program for those measures has been approved under
section 47504.
‘‘(E) A project for constructing gates and related areas
at which passengers board or exit aircraft. In the case
of a project required to enable additional air service by
an air carrier with less than 50 percent of the annual
passenger boardings at an airport, the project for constructing gates and related areas may include structural
foundations and floor systems, exterior building walls and
load-bearing interior columns or walls, windows, door and
roof systems, building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and
aircraft fueling facilities adjacent to the gate.
‘‘(4) PASSENGER FACILITY FEE.—The term ‘passenger facility
fee’ means a fee imposed under this section.
‘‘(5) PASSENGER FACILITY REVENUE.—The term ‘passenger
facility revenue’ means revenue derived from a passenger
facility fee.’’.
SEC. 152. TERMINAL DEVELOPMENT COSTS.

(a) WITH RESPECT TO PASSENGER FACILITY CHARGES.—Section
40117(a)(3) is further amended—
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
‘‘(C) for costs of terminal development referred to in
subparagraph (B) incurred after August 1, 1986, at an
airport that did not have more than .25 percent of the
total annual passenger boardings in the United States in
the most recent calendar year for which data is available
and at which total passenger boardings declined by at
least 16 percent between calendar year 1989 and calendar
year 1997;’’.
(b) NONPRIMARY COMMERCIAL SERVICE AIRPORTS.—Section
47119 is amended by adding at the end the following:
‘‘(d) DETERMINATION OF PASSENGER BOARDING AT COMMERCIAL
SERVICE AIRPORTS.—For the purpose of determining whether an
amount may be distributed for a fiscal year from the discretionary
fund in accordance with subsection (b)(2)(A) to a commercial service
airport, the Secretary shall make the determination of whether
or not a public airport is a commercial service airport on the
basis of the number of passenger boardings and type of air service
at the public airport in the calendar year that includes the first
day of such fiscal year or the preceding calendar year, whichever
is more beneficial to the airport.’’.
SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM.

Section 44502(a)(4)(B) is amended—
(1) by striking ‘‘each of fiscal years 1995 and 1996’’ and
inserting ‘‘each of fiscal years 2000 through 2002’’; and

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(2) by inserting ‘‘under new or existing contracts’’ after
‘‘including acquisition’’.
SEC. 154. AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT.

Section 47504(c) is amended by adding at the end the following:
‘‘(6) AIRCRAFT NOISE PRIMARILY CAUSED BY MILITARY AIRCRAFT.—The Secretary may make a grant under this subsection
for a project even if the purpose of the project is to mitigate
the effect of noise primarily caused by military aircraft at
an airport.’’.
SEC. 155. COMPETITION PLANS.
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(a) FINDINGS.—The Congress makes the following findings:
(1) Major airports must be available on a reasonable basis
to all air carriers wishing to serve those airports.
(2) 15 large hub airports today are each dominated by
one air carrier, with each such carrier controlling more than
50 percent of the traffic at the hub.
(3) The General Accounting Office has found that such
levels of concentration lead to higher air fares.
(4) The United States Government must take every step
necessary to reduce those levels of concentration.
(5) Consistent with air safety, spending at these airports
must be directed at providing opportunities for carriers wishing
to serve such facilities on a commercially viable basis.
(b) IN GENERAL.—Section 47106 is amended by adding at the
end the following:
‘‘(f ) COMPETITION PLANS.—
‘‘(1) PROHIBITION.—Beginning in fiscal year 2001, no passenger facility fee may be approved for a covered airport under
section 40117 and no grant may be made under this subchapter
for a covered airport unless the airport has submitted to the
Secretary a written competition plan in accordance with this
subsection.
‘‘(2) CONTENTS.—A competition plan under this subsection
shall include information on the availability of airport gates
and related facilities, leasing and sub-leasing arrangements,
gate-use requirements, patterns of air service, gate-assignment
policy, financial constraints, airport controls over air- and
ground-side capacity, whether the airport intends to build or
acquire gates that would be used as common facilities, and
airfare levels (as compiled by the Department of Transportation) compared to other large airports.
‘‘(3) COVERED AIRPORT DEFINED.—In this subsection, the
term ‘covered airport’ means a commercial service airport—
‘‘(A) that has more than .25 percent of the total number
of passenger boardings each year at all such airports; and
‘‘(B) at which one or two air carriers control more
than 50 percent of the passenger boardings.’’.
(c) CROSS REFERENCE.—Section 40117 (as amended by section
135(b) of this Act) is further amended by adding at the end the
following:
‘‘(k) COMPETITION PLANS.—
‘‘(1) IN GENERAL.—Beginning in fiscal year 2001, no eligible
agency may impose a passenger facility fee under this section
with respect to a covered airport (as such term is defined
in section 47106(f )) unless the agency has submitted to the

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Secretary a written competition plan in accordance with such
section. This subsection does not apply to passenger facility
fees in effect before the date of the enactment of this subsection.
‘‘(2) SECRETARY SHALL ENSURE IMPLEMENTATION AND
COMPLIANCE.—The Secretary shall review any plan submitted
under paragraph (1) to ensure that it meets the requirements
of this section, and shall review its implementation from timeto-time to ensure that each covered airport successfully implements its plan.’’.
(d) AVAILABILITY OF GATES AND OTHER ESSENTIAL SERVICES.—
The Secretary shall ensure that gates and other facilities are made
available at costs that are fair and reasonable to air carriers at
covered airports (as defined in section 47106(f )(4) of title 49, United
States Code) where a ‘‘majority-in-interest clause’’ of a contract
or other agreement or arrangement inhibits the ability of the local
airport authority to provide or build new gates or other facilities.

49 USC 47101
note.

SEC. 156. ALASKA RURAL AVIATION IMPROVEMENT.

(a) APPLICATION OF FAA REGULATIONS.—Section 40113 is
amended by adding at the end the following:
‘‘(f ) APPLICATION OF CERTAIN REGULATIONS TO ALASKA.—In
amending title 14, Code of Federal Regulations, in a manner
affecting intrastate aviation in Alaska, the Administrator of the
Federal Aviation Administration shall consider the extent to which
Alaska is not served by transportation modes other than aviation,
and shall establish such regulatory distinctions as the Administrator considers appropriate.’’.
(b) MIKE-IN-HAND WEATHER OBSERVATION.—The Administrator
and the Assistant Administrator of the National Weather Service,
in consultation with the National Transportation Safety Board and
the Governor of the State of Alaska, shall continue efforts to develop
and implement a ‘‘mike-in-hand’’ weather observation program in
Alaska under which Federal Aviation Administration employees,
National Weather Service employees, other Federal or State
employees sited at an airport, or persons contracted specifically
for such purpose (including part-time contract employees who are
not sited at such airport), will provide near-real time aviation
weather information via radio and otherwise to pilots who request
such information.
SEC. 157. USE OF RECYCLED MATERIALS.

(a) STUDY.—The Administrator shall conduct a study of the
use of recycled materials (including recycled pavements, waste
materials, and byproducts) in pavement used for runways, taxiways,
and aprons and the specification standards in tests necessary for
the use of recycled materials in such pavement. The primary focus
of the study shall be on the long-term physical performance, safety
implications, and environmental benefits of using recycled materials
in aviation pavement.
(b) CONTRACTING.—The Administrator may carry out the study
by entering into a contract with a university of higher education
with expertise necessary to carry out the study.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress
a report on the results of the study, together with recommendations
concerning the use of recycled materials in aviation pavement.

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PUBLIC LAW 106–181—APR. 5, 2000
(d) FUNDING.—Of the amounts appropriated pursuant to section
106(k) of title 49, United States Code, not to exceed $1,500,000
may be used to carry out this section.

49 USC 47101
note.

SEC. 158. CONSTRUCTION OF RUNWAYS.

49 USC 48103
note.

SEC. 159. NOTICE OF GRANTS.

49 USC 44505
note.

SEC. 160. AIRFIELD PAVEMENT CONDITIONS.

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Notwithstanding any provision of law that specifically restricts
the number of runways at a single international airport, the Secretary may obligate funds made available under chapters 471 and
481 of title 49, United States Code, for any project to construct
a new runway at such airport, unless this section is expressly
repealed.
(a) TIMELY ANNOUNCEMENT.—The Secretary shall announce a
grant to be made with funds made available under section 48103
of title 49, United States Code, in a timely fashion after receiving
necessary documentation concerning the grant from the Administrator.
(b) NOTICE TO COMMITTEES.—If the Secretary provides any
committee of Congress advance notice of a grant to be made with
funds made available under section 48103 of title 49, United States
Code, the Secretary shall provide, on the same date, such notice
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(a) EVALUATION OF OPTIONS.—The Administrator shall evaluate
options for improving the quality of information available to the
Federal Aviation Administration on airfield pavement conditions
for airports that are part of the national air transportation system,
including—
(1) improving the existing runway condition information
contained in the airport safety data program by reviewing
and revising rating criteria and providing increased training
for inspectors;
(2) requiring such airports to submit pavement condition
index information as part of their airport master plan or as
support in applications for airport improvement grants; and
(3) requiring all such airports to submit pavement condition
index information on a regular basis and using this information
to create a pavement condition database that could be used
in evaluating the cost-effectiveness of project applications and
forecasting anticipated pavement needs.
(b) REPORT TO CONGRESS.—Not later than 12 months after
the date of the enactment of this Act, the Administrator shall
transmit a report containing an evaluation of the options described
in subsection (a) to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure.

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SEC. 161. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCEMENTS.

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

Deadline.

SEC. 162. PRIORITIZATION OF DISCRETIONARY PROJECTS.

Section 47120 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In’’; and
(2) by adding at the end the following:
‘‘(b) DISCRETIONARY FUNDING TO BE USED FOR HIGHER
PRIORITY PROJECTS.—The Administrator of the Federal Aviation
Administration shall discourage airport sponsors and airports from
using entitlement funds for lower priority projects by giving lower
priority to discretionary projects submitted by airport sponsors and
airports that have used entitlement funds for projects that have
a lower priority than the projects for which discretionary funds
are being requested.’’.
SEC. 163. CONTINUATION OF REPORTS.

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

TITLE II—AIRLINE SERVICE
IMPROVEMENTS
Subtitle A—Small Communities
SEC. 201. POLICY FOR AIR SERVICE TO RURAL AREAS.

Section 40101(a) is amended by adding at the end the following:
‘‘(16) ensuring that consumers in all regions of the United
States, including those in small communities and rural and
remote areas, have access to affordable, regularly scheduled
air service.’’.
SEC. 202. WAIVER OF LOCAL CONTRIBUTION.

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

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114 STAT. 92

PUBLIC LAW 106–181—APR. 5, 2000
SEC. 203. IMPROVED AIR CARRIER SERVICE TO AIRPORTS NOT
RECEIVING SUFFICIENT SERVICE.

(a) IN GENERAL.—Subchapter II of chapter 417 is amended
by adding at the end the following:
‘‘§ 41743. Airports not receiving sufficient service
‘‘(a) SMALL COMMUNITY AIR SERVICE DEVELOPMENT PILOT PROGRAM.—The Secretary of Transportation shall establish a pilot
program that meets the requirements of this section for improving
air carrier service to airports not receiving sufficient air carrier
service.
‘‘(b) APPLICATION REQUIRED.—In order to participate in the
program established under subsection (a), a community or consortium of communities shall submit an application to the Secretary
in such form, at such time, and containing such information as
the Secretary may require, including—
‘‘(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and
‘‘(2) an analysis of the application of the criteria in subsection (c) to that community or consortium.
‘‘(c) CRITERIA FOR PARTICIPATION.—In selecting communities,
or consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following
criteria:
‘‘(1) SIZE.—For calendar year 1997, the airport serving
the community or consortium was not larger than a small
hub airport (as that term is defined in section 41731(a)(5)),
and—
‘‘(A) had insufficient air carrier service; or
‘‘(B) had unreasonably high air fares.
‘‘(2) CHARACTERISTICS.—The airport presents characteristics, such as geographic diversity or unique circumstances, that
will demonstrate the need for, and feasibility of, the program
established under subsection (a).
‘‘(3) STATE LIMIT.—No more than four communities or consortia of communities, or a combination thereof, may be located
in the same State.
‘‘(4) OVERALL LIMIT.—No more than 40 communities or
consortia of communities, or a combination thereof, may be
selected to participate in the program.
‘‘(5) PRIORITIES.—The Secretary shall give priority to
communities or consortia of communities where—
‘‘(A) air fares are higher than the average air fares
for all communities;
‘‘(B) the community or consortium will provide a portion of the cost of the activity to be assisted under the
program from local sources other than airport revenues;
‘‘(C) the community or consortium has established, or
will establish, a public-private partnership to facilitate air
carrier service to the public; and
‘‘(D) the assistance will provide material benefits to
a broad segment of the travelling public, including business,
educational institutions, and other enterprises, whose
access to the national air transportation system is limited.
‘‘(d) TYPES OF ASSISTANCE.—The Secretary may use amounts
made available under this section—

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‘‘(1) to provide assistance to an air carrier to subsidize
service to and from an underserved airport for a period not
to exceed 3 years;
‘‘(2) to provide assistance to an underserved airport to
obtain service to and from the underserved airport; and
‘‘(3) to provide assistance to an underserved airport to
implement such other measures as the Secretary, in consultation with such airport, considers appropriate to improve air
service both in terms of the cost of such service to consumers
and the availability of such service, including improving air
service through marketing and promotion of air service and
enhanced utilization of airport facilities.
‘‘(e) AUTHORITY TO MAKE AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary may make agreements
to provide assistance under this section.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $20,000,000 for fiscal
year 2001 and $27,500,000 for each of fiscal years 2002 and
2003 to carry out this section. Such sums shall remain available
until expended.
‘‘(f ) ADDITIONAL ACTION.—Under the pilot program established
under subsection (a), the Secretary shall work with air carriers
providing service to participating communities and major air carriers (as defined in section 41716(a)(2)) serving large hub airports
(as defined in section 41731(a)(3)) to facilitate joint-fare arrangements consistent with normal industry practice.
‘‘(g) DESIGNATION OF RESPONSIBLE OFFICIAL.—The Secretary
shall designate an employee of the Department of Transportation—
‘‘(1) to function as a facilitator between small communities
and air carriers;
‘‘(2) to carry out this section;
‘‘(3) to ensure that the Bureau of Transportation Statistics
collects data on passenger information to assess the service
needs of small communities;
‘‘(4) to work with and coordinate efforts with other Federal,
State, and local agencies to increase the viability of service
to small communities and the creation of aviation development
zones; and
‘‘(5) to provide policy recommendations to the Secretary
and Congress that will ensure that small communities have
access to quality, affordable air transportation services.
‘‘(h) AIR SERVICE DEVELOPMENT ZONE.—The Secretary shall
designate an airport in the program as an Air Service Development
Zone and work with the community or consortium on means to
attract business to the area surrounding the airport, to develop
land use options for the area, and provide data, working with
the Department of Commerce and other agencies.’’.
(b) CONFORMING AMENDMENT.—The analysis for subchapter II
of chapter 417 is amended by adding at the end the following:
‘‘41743. Airports not receiving sufficient service.’’.
SEC. 204. PRESERVATION OF ESSENTIAL AIR SERVICE AT SINGLE CARRIER DOMINATED HUB AIRPORTS.

(a) IN GENERAL.—Subchapter II of chapter 417 (as amended
by section 203 of this Act) is further amended by adding at the
end the following:

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114 STAT. 94

PUBLIC LAW 106–181—APR. 5, 2000
‘‘§ 41744. Preservation of basic essential air service at single
carrier dominated hub airports
‘‘(a) IN GENERAL.—If the Secretary of Transportation determines that extraordinary circumstances jeopardize the reliable
performance of essential air service under this subchapter from
a subsidized essential air service community to and from an essential airport facility, the Secretary may require an air carrier that
has more than 60 percent of the total annual enplanements at
the essential airport facility to take action to enable another air
carrier to provide reliable essential air service to that community.
Actions required by the Secretary under this subsection may include
interline agreements, ground services, subleasing of gates, and the
provision of any other service or facility necessary for the performance of satisfactory essential air service to that community.
‘‘(b) ESSENTIAL AIRPORT FACILITY DEFINED.—In this section,
the term ‘essential airport facility’ means a large hub airport (as
defined in section 41731) in the contiguous 48 States at which
one air carrier has more than 60 percent of the total annual
enplanements at that airport.’’.
(b) CONFORMING AMENDMENT.—The analysis for subchapter II
of chapter 417 is further amended by adding at the end the following:
‘‘41744. Preservation of basic essential air service at single carrier dominated hub
airports.’’.

49 USC 41731
note.

SEC. 205. DETERMINATION OF DISTANCE FROM HUB AIRPORT.

The Secretary may provide assistance under subchapter II of
chapter 417 of title 49, United States Code, with respect to a
place that is located within 70 highway miles of a hub airport
(as defined by section 41731 of such title) if the most commonly
used highway route between the place and the hub airport exceeds
70 miles.
SEC. 206. REPORT ON ESSENTIAL AIR SERVICE.

Deadline.

49 USC 41731
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(a) IN GENERAL.—The Secretary shall conduct an analysis of
the difficulties faced by many smaller communities in retaining
essential air service and shall develop a plan to facilitate the
retention of such service.
(b) EXAMINATION OF NORTH DAKOTA COMMUNITIES.—In conducting the analysis and developing the plan under subsection
(a), the Secretary shall pay particular attention to communities
located in North Dakota.
(c) REPORT.—Not later than 60 days after the date of the
enactment of this section, the Secretary shall transmit to Congress
a report containing the analysis and plan described in subsection
(a).
SEC. 207. MARKETING PRACTICES.

(a) REVIEW OF MARKETING PRACTICES THAT ADVERSELY AFFECT
SERVICE TO SMALL OR MEDIUM COMMUNITIES.—Not later than 180
days after the date of the enactment of this Act, the Secretary
shall review the marketing practices of air carriers that may inhibit
the availability of quality, affordable air transportation services
to small- and medium-sized communities, including—
(1) marketing arrangements between airlines and travel
agents;
(2) code-sharing partnerships;
(3) computer reservation system displays;

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(4) gate arrangements at airports;
(5) exclusive dealing arrangements; and
(6) any other marketing practice that may have the same
effect.
(b) REGULATIONS.—If the Secretary finds, after conducting the
review, that marketing practices inhibit the availability of affordable air transportation services to small- and medium-sized communities, then, after public notice and an opportunity for comment,
the Secretary may issue regulations that address the problem or
take other appropriate action.
(c) STATUTORY CONSTRUCTION.—Nothing in this section expands
the authority or jurisdiction of the Secretary to issue regulations
under chapter 417 of title 49, United States Code, or under any
other law.
SEC. 208. DEFINITION OF ELIGIBLE PLACE.

Section 41731(a)(1) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(A)’’;
(2) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’;
(3) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’;
(4) by striking ‘‘subchapter.’’ and inserting ‘‘subchapter;
or’’; and
(5) by adding at the end the following:
‘‘(B) determined, on or after October 1, 1988, and before
the date of the enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century, under
this subchapter by the Secretary to be eligible to receive
subsidized small community air service under section
41736(a).’’.
SEC. 209. MAINTAINING THE INTEGRITY OF THE ESSENTIAL AIR
SERVICE PROGRAM.

(a) AUTHORIZATION OF APPROPRIATION.—Section 41742(a) is
amended—
(1) by striking ‘‘Out of ’’ and inserting the following:
‘‘(1) AUTHORIZATION.—Out of ’’;
(2) by adding at the end the following:
‘‘(2) ADDITIONAL FUNDS.—In addition to amounts authorized
under paragraph (1), there is authorized to be appropriated
$15,000,000 for each fiscal year to carry out the essential air
service program under this subchapter.’’; and
(3) by aligning paragraph (1) (as designated by paragraph
(1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection).
(b) LIMITATION ON ADJUSTMENTS TO LEVELS OF SERVICE.—
Section 41733(e) is amended by striking the period at the end
and inserting ‘‘, to the extent such adjustments are to a level
not less than the basic essential air service level established under
subsection (a) for the airport that serves the community.’’.
(c) EFFECT ON CERTAIN ORDERS.—All orders issued by the
Secretary after September 30, 1999, and before the date of the
enactment of this Act establishing, modifying, or revoking essential
air service levels shall be null and void beginning on the 90th
day following such date of enactment. During the 90-day period,
the Secretary shall reconsider such orders and shall issue new
orders consistent with the amendments made by this section.

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PUBLIC LAW 106–181—APR. 5, 2000
SEC. 210. REGIONAL JET SERVICE FOR SMALL COMMUNITIES.

(a) IN GENERAL.—Chapter 417 is amended by adding at the
end the following:
‘‘SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE
PROGRAM
‘‘§ 41761. Purpose
‘‘The purpose of this subchapter is to improve service by jet
aircraft to underserved markets by providing assistance, in the
form of Federal credit instruments, to commuter air carriers that
purchase regional jet aircraft for use in serving those markets.
‘‘§ 41762. Definitions
‘‘In this subchapter, the following definitions apply:
‘‘(1) AIR CARRIER.—The term ‘air carrier’ means any air
carrier holding a certificate of public convenience and necessity
issued by the Secretary of Transportation under section 41102.
‘‘(2) AIRCRAFT PURCHASE.—The term ‘aircraft purchase’
means the purchase of commercial transport aircraft, including
spare parts normally associated with the aircraft.
‘‘(3) CAPITAL RESERVE SUBSIDY AMOUNT.—The term ‘capital
reserve subsidy amount’ means the amount of budget authority
sufficient to cover estimated long-term cost to the United States
Government of a Federal credit instrument, calculated on a
net present value basis, excluding administrative costs and
any incidental effects on Government receipts or outlays in
accordance with provisions of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.).
‘‘(4) COMMUTER AIR CARRIER.—The term ‘commuter air carrier’ means an air carrier that primarily operates aircraft
designed to have a maximum passenger seating capacity of
75 or less in accordance with published flight schedules.
‘‘(5) FEDERAL CREDIT INSTRUMENT.—The term ‘Federal
credit instrument’ means a secured loan, loan guarantee, or
line of credit authorized to be made under this subchapter.
‘‘(6) FINANCIAL OBLIGATION.—The term ‘financial obligation’
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of an
aircraft purchase, other than a Federal credit instrument.
‘‘(7) LENDER.—The term ‘lender’ means any non-Federal
qualified institutional buyer (as defined by section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor regulation) known as Rule 144A(a) of the Security and Exchange
Commission and issued under the Security Act of 1933 (15
U.S.C. 77a et seq.)), including—
‘‘(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is
a qualified institutional buyer; and
‘‘(B) a governmental plan (as defined in section 414(d)
of the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
‘‘(8) LINE OF CREDIT.—The term ‘line of credit’ means an
agreement entered into by the Secretary with an obligor under
section 41763(d) to provide a direct loan at a future date upon
the occurrence of certain events.

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‘‘(9) LOAN GUARANTEE.—The term ‘loan guarantee’ means
any guarantee or other pledge by the Secretary under section
41763(c) to pay all or part of any of the principal of and
interest on a loan or other debt obligation issued by an obligor
and funded by a lender.
‘‘(10) NEW ENTRANT AIR CARRIER.—The term ‘new entrant
air carrier’ means an air carrier that has been providing air
transportation according to a published schedule for less than
5 years, including any person that has received authority from
the Secretary to provide air transportation but is not providing
air transportation.
‘‘(11) NONHUB AIRPORT.—The term ‘nonhub airport’ means
an airport that each year has less than .05 percent of the
total annual boardings in the United States.
‘‘(12) OBLIGOR.—The term ‘obligor’ means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or
instrumentality.
‘‘(13) REGIONAL JET AIRCRAFT.—The term ‘regional jet aircraft’ means a civil aircraft—
‘‘(A) powered by jet propulsion; and
‘‘(B) designed to have a maximum passenger seating
capacity of not less than 30 nor more than 75.
‘‘(14) SECURED LOAN.—The term ‘secured loan’ means a
direct loan funded by the Secretary in connection with the
financing of an aircraft purchase under section 41763(b).
‘‘(15) SMALL HUB AIRPORT.—The term ‘small hub airport’
means an airport that each year has at least .05 percent,
but less than .25 percent, of the total annual boardings in
the United States.
‘‘(16) UNDERSERVED MARKET.—The term ‘underserved
market’ means a passenger air transportation market (as
defined by the Secretary) that—
‘‘(A) is served (as determined by the Secretary) by
a nonhub airport or a small hub airport;
‘‘(B) is not within a 40-mile radius of an airport that
each year has at least .25 percent of the total annual
boardings in the United States; and
‘‘(C) the Secretary determines does not have sufficient
air service.
‘‘§ 41763. Federal credit instruments
‘‘(a) IN GENERAL.—Subject to this section and section 41766,
the Secretary of Transportation may enter into agreements with
one or more obligors to make available Federal credit instruments,
the proceeds of which shall be used to finance aircraft purchases.
‘‘(b) SECURED LOANS.—
‘‘(1) TERMS AND LIMITATIONS.—
‘‘(A) IN GENERAL.—A secured loan under this section
with respect to an aircraft purchase shall be on such terms
and conditions and contain such covenants, representatives,
warranties, and requirements (including requirements for
audits) as the Secretary determines appropriate.
‘‘(B) MAXIMUM AMOUNT.—No secured loan may be made
under this section—

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PUBLIC LAW 106–181—APR. 5, 2000
‘‘(i) that extends to more than 50 percent of the
purchase price (including the value of any manufacturer credits, post-purchase options, or other discounts)
of the aircraft, including spare parts, to be purchased;
or
‘‘(ii) that, when added to the remaining balance
on any other Federal credit instruments made under
this subchapter, provides more than $100,000,000 of
outstanding credit to any single obligor.
‘‘(C) FINAL PAYMENT DATE.—The final payment on the
secured loan shall not be due later than 18 years after
the date of execution of the loan agreement.
‘‘(D) SUBORDINATION.—The secured loan may be
subordinate to claims of other holders of obligations in
the event of bankruptcy, insolvency, or liquidation of the
obligor as determined appropriate by the Secretary.
‘‘(E) FEES.—The Secretary, subject to appropriations,
may establish fees at a level sufficient to cover all or
a portion of the administrative costs to the United States
Government of making a secured loan under this section.
The proceeds of such fees shall be deposited in an account
to be used by the Secretary for the purpose of administering
the program established under this subchapter and shall
be available upon deposit until expended.
‘‘(2) REPAYMENT.—
‘‘(A) SCHEDULE.—The Secretary shall establish a repayment schedule for each secured loan under this section
based on the projected cash flow from aircraft revenues
and other repayment sources.
‘‘(B) COMMENCEMENT.—Scheduled loan repayments of
principal and interest on a secured loan under this section
shall commence no later than 3 years after the date of
execution of the loan agreement.
‘‘(3) PREPAYMENT.—
‘‘(A) USE OF EXCESS REVENUE.—After satisfying scheduled debt service requirements on all financial obligations
and secured loans and all deposit requirements under the
terms of any trust agreement, bond resolution, or similar
agreement securing financial obligations, the secured loan
may be prepaid at anytime without penalty.
‘‘(B) USE OF PROCEEDS OF REFINANCING.—The secured
loan may be prepaid at any time without penalty from
proceeds of refinancing from non-Federal funding sources.
‘‘(c) LOAN GUARANTEES.—
‘‘(1) IN GENERAL.—A loan guarantee under this section
with respect to a loan made for an aircraft purchase shall
be made in such form and on such terms and conditions and
contain such covenants, representatives, warranties, and
requirements (including requirements for audits) as the Secretary determines appropriate.
‘‘(2) MAXIMUM AMOUNT.—No loan guarantee shall be made
under this section—
‘‘(A) that extends to more than the unpaid interest
and 50 percent of the unpaid principal on any loan;
‘‘(B) that, for any loan or combination of loans, extends
to more than 50 percent of the purchase price (including
the value of any manufacturer credits, post-purchase

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options, or other discounts) of the aircraft, including spare
parts, to be purchased with the loan or loan combination;
‘‘(C) on any loan with respect to which terms permit
repayment more than 15 years after the date of execution
of the loan; or
‘‘(D) that, when added to the remaining balance on
any other Federal credit instruments made under this subchapter, provides more than $100,000,000 of outstanding
credit to any single obligor.
‘‘(3) FEES.—The Secretary, subject to appropriations, may
establish fees at a level sufficient to cover all or a portion
of the administrative costs to the United States Government
of making a loan guarantee under this section. The proceeds
of such fees shall be deposited in an account to be used by
the Secretary for the purpose of administering the program
established under this subchapter and shall be available upon
deposit until expended.
‘‘(d) LINES OF CREDIT.—
‘‘(1) IN GENERAL.—Subject to the requirements of this subsection, the Secretary may enter into agreements to make available lines of credit to one or more obligors in the form of
direct loans to be made by the Secretary at future dates on
the occurrence of certain events for any aircraft purchase
selected under this section.
‘‘(2) TERMS AND LIMITATIONS.—
‘‘(A) IN GENERAL.—A line of credit under this subsection
with respect to an aircraft purchase shall be on such terms
and conditions and contain such covenants, representatives,
warranties, and requirements (including requirements for
audits) as the Secretary determines appropriate.
‘‘(B) MAXIMUM AMOUNT.—
‘‘(i) TOTAL AMOUNT.—The amount of any line of
credit shall not exceed 50 percent of the purchase
price (including the value of any manufacturer credits,
post-purchase options, or other discounts) of the aircraft, including spare parts.
‘‘(ii) 1–YEAR DRAWS.—The amount drawn in any
year shall not exceed 20 percent of the total amount
of the line of credit.
‘‘(C) DRAWS.—Any draw on the line of credit shall
represent a direct loan.
‘‘(D) PERIOD OF AVAILABILITY.—The line of credit shall
be available not more than 5 years after the aircraft purchase date.
‘‘(E) RIGHTS OF THIRD-PARTY CREDITORS.—
‘‘(i) AGAINST UNITED STATES GOVERNMENT.—A
third-party creditor of the obligor shall not have any
right against the United States Government with
respect to any draw on the line of credit.
‘‘(ii) ASSIGNMENT.—An obligor may assign the line
of credit to one or more lenders or to a trustee on
the lender’s behalf.
‘‘(F) SUBORDINATION.—A direct loan under this subsection may be subordinate to claims of other holders of
obligations in the event of bankruptcy, insolvency, or liquidation of the obligor as determined appropriate by the
Secretary.

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‘‘(G) FEES.—The Secretary, subject to appropriations,
may establish fees at a level sufficient to cover all of
a portion of the administrative costs to the United States
Government of providing a line of credit under this subsection. The proceeds of such fees shall be deposited in
an account to be used by the Secretary for the purpose
of administering the program established under this subchapter and shall be available upon deposit until expended.
‘‘(3) REPAYMENT.—
‘‘(A) SCHEDULE.—The Secretary shall establish a repayment schedule for each direct loan under this subsection.
‘‘(B) COMMENCEMENT.—Scheduled loan repayments of
principal or interest on a direct loan under this subsection
shall commence no later than 3 years after the date of
the first draw on the line of credit and shall be repaid,
with interest, not later than 18 years after the date of
the first draw.
‘‘(e) RISK ASSESSMENT.—Before entering into an agreement
under this section to make available a Federal credit instrument,
the Secretary, in consultation with the Director of the Office of
Management and Budget, shall determine an appropriate capital
reserve subsidy amount for the Federal credit instrument based
on such credit evaluations as the Secretary deems necessary.
‘‘(f ) CONDITIONS.—Subject to subsection (h), the Secretary may
only make a Federal credit instrument available under this section
if the Secretary finds that—
‘‘(1) the aircraft to be purchased with the Federal credit
instrument is a regional jet aircraft needed to improve the
service and efficiency of operation of a commuter air carrier
or new entrant air carrier;
‘‘(2) the commuter air carrier or new entrant air carrier
enters into a legally binding agreement that requires the carrier
to use the aircraft to provide service to underserved markets;
and
‘‘(3) the prospective earning power of the commuter air
carrier or new entrant air carrier, together with the character
and value of the security pledged, including the collateral value
of the aircraft being acquired and any other assets or pledges
used to secure the Federal credit instrument, furnish—
‘‘(A) reasonable assurances of the air carrier’s ability
and intention to repay the Federal credit instrument within
the terms established by the Secretary—
‘‘(i) to continue its operations as an air carrier;
and
‘‘(ii) to the extent that the Secretary determines
to be necessary, to continue its operations as an air
carrier between the same route or routes being operated by the air carrier at the time of the issuance
of the Federal credit instrument; and
‘‘(B) reasonable protection to the United States.
‘‘(g) LIMITATION ON COMBINED AMOUNT OF FEDERAL CREDIT
INSTRUMENTS.—The Secretary shall not allow the combined amount
of Federal credit instruments available for any aircraft purchase
under this section to exceed—
‘‘(1) 50 percent of the cost of the aircraft purchase; or
‘‘(2) $100,000,000 for any single obligor.

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‘‘(h) REQUIREMENT.—Subject to subsection (i), no Federal credit
instrument may be made under this section for the purchase of
any regional jet aircraft that does not comply with the stage 3
noise levels of part 36 of title 14 of the Code of Federal Regulations,
as in effect on January 1, 1999.
‘‘(i) OTHER LIMITATIONS.—No Federal credit instrument shall
be made by the Secretary under this section for the purchase
of a regional jet aircraft unless the commuter air carrier or new
entrant air carrier enters into a legally binding agreement that
requires the carrier to provide scheduled passenger air transportation to the underserved market for which the aircraft is purchased
for a period of not less than 36 consecutive months after the
date that aircraft is placed in service.
‘‘§ 41764. Use of Federal facilities and assistance
‘‘(a) USE OF FEDERAL FACILITIES.—To permit the Secretary
of Transportation to make use of such expert advice and services
as the Secretary may require in carrying out this subchapter, the
Secretary may use available services and facilities of other agencies
and instrumentalities of the United States Government—
‘‘(1) with the consent of the appropriate Federal officials;
and
‘‘(2) on a reimbursable basis.
‘‘(b) ASSISTANCE.—The head of each appropriate department
or agency of the United States Government shall exercise the duties
and powers of that head in such manner as to assist in carrying
out the policy specified in section 41761.
‘‘(c) OVERSIGHT.—The Secretary shall make available to the
Comptroller General of the United States such information with
respect to any Federal credit instrument made under this subchapter as the Comptroller General may require to carry out the
duties of the Comptroller General under chapter 7 of title 31,
United States Code.
‘‘§ 41765. Administrative expenses
‘‘In carrying out this subchapter, the Secretary shall use funds
made available by appropriations to the Department of Transportation for the purpose of administration, in addition to the proceeds
of any fees collected under this subchapter, to cover administrative
expenses of the Federal credit instrument program under this subchapter.
‘‘§ 41766. Funding
‘‘Of the amounts appropriated under section 106(k) for each
of fiscal years 2001 through 2003, such sums as may be necessary
may be used to carry out this subchapter, including administrative
expenses.
‘‘§ 41767. Termination
‘‘(a) AUTHORITY TO ISSUE FEDERAL CREDIT INSTRUMENTS.—
The authority of the Secretary of Transportation to issue Federal
credit instruments under section 41763 shall terminate on the
date that is 5 years after the date of the enactment of this subchapter.
‘‘(b) CONTINUATION OF AUTHORITY TO ADMINISTER PROGRAM
FOR EXISTING FEDERAL CREDIT INSTRUMENTS.—On and after the
termination date, the Secretary shall continue to administer the

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program established under this subchapter for Federal credit
instruments issued under this subchapter before the termination
date until all obligations associated with such instruments have
been satisfied.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 417
is amended by adding at the end the following:
‘‘SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM
‘‘Sec.
‘‘41761. Purpose.
‘‘41762. Definitions.
‘‘41763. Federal credit instruments.
‘‘41764. Use of Federal facilities and assistance.
‘‘41765. Administrative expenses.
‘‘41766. Funding.
‘‘41767. Termination.’’.

Subtitle B—Airline Customer Service
SEC. 221. CONSUMER NOTIFICATION OF E-TICKET EXPIRATION DATES.

Section 41712 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘On’’; and
(2) by adding at the end the following:
‘‘(b) E-TICKET EXPIRATION NOTICE.—It shall be an unfair or
deceptive practice under subsection (a) for any air carrier, foreign
air carrier, or ticket agent utilizing electronically transmitted tickets
for air transportation to fail to notify the purchaser of such a
ticket of its expiration date, if any.’’.
SEC. 222. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER PROTECTION LAWS.

(a) IN GENERAL.—Section 46301(a) is amended by adding at
the end the following:
‘‘(7) CONSUMER PROTECTION.—Notwithstanding paragraphs
(1) and (4), the maximum civil penalty for violating section
40127 or 41712 (including a regulation prescribed or order
issued under such section) or any other regulation prescribed
by the Secretary that is intended to afford consumer protection
to commercial air transportation passengers, shall be $2,500
for each violation.’’.
(b) TECHNICAL AMENDMENT.—Paragraph (6) of section 46301(a)
is amended—
(1) by inserting ‘‘AIR SERVICE TERMINATION NOTICE.—’’
before ‘‘Notwithstanding’’; and
(2) by aligning the left margin of such paragraph with
paragraph (5) of such section.
SEC. 223. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER
PROTECTIONS.

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

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SEC. 224. AIRLINE CUSTOMER SERVICE REPORTS.

Deadlines.

(a) SECRETARY TO REPORT PLANS RECEIVED.—Not later than
September 15, 1999, each air carrier that provides scheduled passenger air transportation and that is a member of the Air Transport
Association, all of which have entered into the voluntary customer
service commitments established by the Association on June 17,
1999 (in this section referred to as the ‘‘Airline Customer Service
Commitment’’), shall provide a copy of its individual customer
service plan to the Secretary. Upon receipt of each individual plan,
the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
notice of receipt of the plan, together with a copy of the plan.
(b) IMPLEMENTATION.—The Inspector General of the Department of Transportation shall monitor the implementation of any
plan submitted by an air carrier to the Secretary under subsection
(a) and evaluate the extent to which the carrier has met its commitments under its plan. The carrier shall provide such information
to the Inspector General as may be necessary for the Inspector
General to prepare the report required by subsection (c).
(c) REPORTS TO CONGRESS.—
(1) INTERIM REPORT.—
(A) IN GENERAL.—Not later than June 15, 2000, the
Inspector General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report containing the Inspector
General’s findings under subsection (b).
(B) CONTENTS.—The report shall include a status
report on completion, publication, and implementation of
the Airline Customer Service Commitment and the individual air carrier’s plans to carry it out. The report shall
also include a review of whether each air carrier described
in subsection (a) has modified its contract of carriage or
conditions of contract to reflect each item of the Airline
Customer Service Commitment.
(2) FINAL REPORT; RECOMMENDATIONS.—
(A) IN GENERAL.—Not later than December 31, 2000,
the Inspector General shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a final report on the
effectiveness of the Airline Customer Service Commitment
and the individual air carrier plans to carry it out,
including recommendations for improving accountability,
enforcement, and consumer protections afforded to commercial air passengers.
(B) SPECIFIC CONTENT.—In the final report under
subparagraph (A), the Inspector General shall include the
following:
(i) An evaluation of each carrier’s plan as to
whether it is consistent with the voluntary commitments established by the Air Transport Association
in the Airline Customer Service Commitment.
(ii) An evaluation of each carrier as to the extent
to which, and the manner in which, it has performed
in carrying out its plan.

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PUBLIC LAW 106–181—APR. 5, 2000
(iii) A description, by air carrier, of how the air
carrier has implemented each commitment covered by
its plan.
(iv) An analysis, by air carrier, of the methods
of meeting each such commitment and, in such analysis, provide information that allows consumers to
make decisions on the quality of air transportation
provided by such carriers.
(v) A comparison of each air carrier’s plan and
the implementation of that plan with the customer
service provided by a representative sampling of other
air carriers providing scheduled passenger air
transportation with aircraft similar in size to the aircraft used by the carrier that submitted a plan so
as to allow consumers to make decisions as to the
relative quality of air transportation provided by each
group of carriers. In making this comparison, the
Inspector General shall give due regard to the differences in the fares charged and the size of the air
carriers being compared.

SEC. 225. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE.
Deadline.

Not later than 30 days after the date of the enactment of
this Act, the Secretary shall initiate a rulemaking to increase the
domestic baggage liability limit in part 254 of title 14, Code of
Federal Regulations.
SEC. 226. COMPTROLLER GENERAL INVESTIGATION.

Deadline.

(a) STUDY.—The Comptroller General shall conduct a study
on the potential effects on aviation consumers, including the impact
on fares and service to small communities, of a requirement that
air carriers permit a ticketed passenger to use any portion of
a multiple-stop or round-trip air fare for transportation independent
of any other portion without penalty.
(b) REPORT.—Not later than June 15, 2000, the Comptroller
General shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report
on the results of the study.
SEC. 227. AIRLINE SERVICE QUALITY PERFORMANCE REPORTS.

Deadline.

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(a) MODIFICATION OF REPORTS.—In consultation with the task
force to be established under subsection (b), the Secretary shall
modify the regulations in part 234 of title 14, Code of Federal
Regulations, relating to airline service quality performance reports,
to disclose more fully to the public the nature and source of delays
and cancellations experienced by air travelers.
(b) TASK FORCE.—Not later than 90 days after the date of
the enactment of this Act, the Secretary shall establish a task
force including officials of the Federal Aviation Administration and
representatives of airline consumers and air carriers to develop
alternatives and criteria for the modifications to be made under
subsection (a).
(c) USE OF CATEGORIES.—In making modifications under subsection (a), the Secretary shall—
(1) establish categories that reflect the reasons for delays
and cancellations experienced by air travelers;

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(2) require air carriers to use such categories in submitting
information to be included in airline service quality performance
reports; and
(3) use such categories in reports of the Department of
Transportation on information received in airline service quality
performance reports.
SEC. 228. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE IN THE AIRLINE INDUSTRY.

(a) ESTABLISHMENT.—There is established a commission to be
known as the ‘‘National Commission to Ensure Consumer Information and Choice in the Airline Industry’’ (in this section referred
to as the ‘‘Commission’’).
(b) DUTIES.—
(1) STUDY.—The Commission shall undertake a study of—
(A) whether the financial condition of travel agents
is declining and, if so, the effect that this will have on
consumers; and
(B) whether there are impediments to information
regarding the services and products offered by the airline
industry and, if so, the effects of those impediments on
travel agents, Internet-based distributors, and consumers.
(2) SMALL TRAVEL AGENTS.—In conducting the study, the
Commission shall pay special attention to the condition of travel
agencies with $1,000,000 or less in annual revenues.
(c) RECOMMENDATIONS.—Based on the results of the study
under subsection (b), the Commission shall make such recommendations as it considers necessary to improve the condition of travel
agents, especially travel agents described in subsection (b)(2), and
to improve consumer access to travel information.
(d) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be composed of
nine members as follows:
(A) Three members appointed by the Secretary.
(B) Two members appointed by the Speaker of the
House of Representatives.
(C) One member appointed by the minority leader of
the House of Representatives.
(D) Two members appointed by the majority leader
of the Senate.
(E) One member appointed by the minority leader of
the Senate.
(2) QUALIFICATIONS.—Of the members appointed by the
Secretary under paragraph (1)(A)—
(A) one member shall be a representative of the travel
agent industry;
(B) one member shall be a representative of the airline
industry; and
(C) one member shall be an individual who is not
a representative of either of the industries referred to in
subparagraphs (A) and (B).
(3) TERMS.—Members shall be appointed for the life of
the Commission.
(4) VACANCIES.—A vacancy in the Commission shall be
filled in the manner in which the original appointment was
made.

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(5) TRAVEL EXPENSES.—Members shall serve without pay
but shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with subchapter I of chapter 57
of title 5, United States Code.
(6) CHAIRPERSON.—The member appointed by the Secretary
of Transportation under paragraph (2)(C) shall serve as the
Chairperson of the Commission (referred to in this section
as the ‘‘Chairperson’’).
(e) COMMISSION PANELS.—The Chairperson shall establish such
panels consisting of members of the Commission as the Chairperson
determines appropriate to carry out the functions of the Commission.
(f ) STAFF.—The Commission may appoint and fix the pay of
such personnel as it considers appropriate.
(g) STAFF OF FEDERAL AGENCIES.—Upon request of the Commission, the head of any department or agency of the United States
may detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(h) OTHER STAFF AND SUPPORT.—Upon the request of the
Commission, or a panel of the Commission, the Secretary of
Transportation shall provide the Commission or panel with professional and administrative staff and other support, on a reimbursable
basis, to assist the Commission or panel in carrying out its responsibilities.
(i) OBTAINING OFFICIAL DATA.—The Commission may secure
directly from any department or agency of the United States
information (other than information required by any statute of
the United States to be kept confidential by such department or
agency) necessary for the Commission to carry out its duties under
this section. Upon request of the Commission, the head of that
department or agency shall furnish such nonconfidential information to the Commission.
( j) REPORT.—Not later than 6 months after the date on which
initial appointments of members to the Commission are completed,
the Commission shall transmit to the President and Congress a
report on the activities of the Commission, including recommendations made by the Commission under subsection (c).
(k) TERMINATION.—The Commission shall terminate on the 30th
day following the date of transmittal of the report under subsection
( j).
(l) APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission.

Subtitle C—Competition
SEC. 231. CHANGES IN, AND PHASE-OUT OF, SLOT RULES.

(a) RULES THAT APPLY TO ALL SLOT EXEMPTION REQUESTS.—
(1) PROMPT CONSIDERATION OF REQUESTS.—Section 41714(i)
is amended to read as follows:
‘‘(i) 60-DAY APPLICATION PROCESS.—
‘‘(1) REQUEST FOR SLOT EXEMPTIONS.—Any slot exemption
request filed with the Secretary under this section or section
41716 or 41717 (other than subsection (c)) shall include—
‘‘(A) the names of the airports to be served;

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‘‘(B) the times requested; and
‘‘(C) such additional information as the Secretary may
require.
‘‘(2) ACTION ON REQUEST; FAILURE TO ACT.—Within 60 days
after a slot exemption request under this section or section
41716 or 41717 (other than subsection (c)) is received by the
Secretary, the Secretary shall—
‘‘(A) approve the request if the Secretary determines
that the requirements of the section under which the
request is made are met;
‘‘(B) return the request to the applicant for additional
information relating to the request to provide air transportation; or
‘‘(C) deny the request and state the reasons for its
denial.
‘‘(3) 60-DAY PERIOD TOLLED FOR TIMELY REQUEST FOR MORE
INFORMATION.—If the Secretary returns under paragraph (2)(B)
the request for additional information during the first 20 days
after the request is filed, then the 60-day period under paragraph (2) shall be tolled until the date on which the additional
information is filed with the Secretary.
‘‘(4) FAILURE TO DETERMINE DEEMED APPROVAL.—If the Secretary neither approves the request under paragraph (2)(A)
nor denies the request under paragraph (2)(C) within the 60day period beginning on the date the request is received,
excepting any days during which the 60-day period is tolled
under paragraph (3), then the request is deemed to have been
approved on the 61st day, after the request was filed with
the Secretary.’’.
(2) EXEMPTIONS MAY NOT BE TRANSFERRED.—Section 41714
is further amended by adding at the end the following:
‘‘( j) EXEMPTIONS MAY NOT BE TRANSFERRED.—No exemption
from the requirements of subparts K and S of part 93 of title
14, Code of Federal Regulations, granted under this section or
section 41716, 41717, or 41718 may be bought, sold, leased, or
otherwise transferred by the carrier to which it is granted.’’.
(3) EQUAL TREATMENT OF AFFILIATED CARRIERS.—Section
41714 (as amended by paragraph (2) of this subsection) is
further amended by adding at the end the following:
‘‘(k) AFFILIATED CARRIERS.—For purposes of this section and
sections 41716, 41717, and 41718, an air carrier that operates
under the same designator code, or has or enters into a codeshare agreement, with any other air carrier shall not qualify for
a new slot or slot exemption as a new entrant or limited incumbent
air carrier at an airport if the total number of slots and slot
exemptions held by the two carriers at the airport exceed 20 slots
and slot exemptions.’’.
(4) NEW ENTRANT SLOTS.—Section 41714(c) is amended—
(A) by striking the subsection designation and heading
and ‘‘(1) IN GENERAL.—If the Secretary’’ and inserting the
following:
‘‘(c) SLOTS FOR NEW ENTRANTS.—If the Secretary’’;
(B) by striking ‘‘and the circumstances to be exceptional’’; and
(C) by striking paragraph (2).
(5) DEFINITIONS.—Section 41714(h) is amended—

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(A) by striking ‘‘and section 41734(h)’’ and inserting
‘‘and sections 41715–41718 and 41734(h)’’;
(B) in paragraph (3) by striking ‘‘as defined’’ and all
that follows through ‘‘Federal Regulations’’; and
(C) by adding at the end the following:
‘‘(5) LIMITED INCUMBENT AIR CARRIER.—The term ‘limited
incumbent air carrier’ has the meaning given that term in
subpart S of part 93 of title 14, Code of Federal Regulations;
except that—
‘‘(A) ‘20’ shall be substituted for ‘12’ in sections
93.213(a)(5), 93.223(c)(3), and 93.225(h);
‘‘(B) for purposes of such sections, the term ‘slot’ shall
include ‘slot exemptions’; and
‘‘(C) for Ronald Reagan Washington National Airport,
the Administrator shall not count, for the purposes of section 93.213(a)(5), slots currently held by an air carrier
but leased out on a long-term basis by that carrier for
use in foreign air transportation and renounced by the
carrier for return to the Department of Transportation
or the Federal Aviation Administration.
‘‘(6) REGIONAL JET.—The term ‘regional jet’ means a passenger, turbofan-powered aircraft with a certificated maximum
passenger seating capacity of less than 71.
‘‘(7) NONHUB AIRPORT.—The term ‘nonhub airport’ means
an airport that had less than .05 percent of the total annual
boardings in the United States as determined under the Federal
Aviation Administration’s Primary Airport Enplanement
Activity Summary for Calendar Year 1997.
‘‘(8) SMALL HUB AIRPORT.—The term ‘small hub airport’
means an airport that had at least .05 percent, but less than
.25 percent, of the total annual boardings in the United States
as determined under the summary referred to in paragraph
(7).
‘‘(9) MEDIUM HUB AIRPORT.—The term ‘medium hub airport’
means an airport that each year has at least .25 percent,
but less than 1.0 percent, of the total annual boardings in
the United States as determined under the summary referred
to in paragraph (7).’’.
(b) PHASE-OUT OF SLOT RULES.—Chapter 417 is amended—
(1) by redesignating sections 41715 and 41716 as sections
41719 and 41720; and
(2) by inserting after section 41714 the following:

‘‘§ 41715. Phase-out of slot rules at certain airports
‘‘(a) TERMINATION.—The rules contained in subparts S and K
of part 93, title 14, Code of Federal Regulations, shall not apply—
‘‘(1) after July 1, 2002, at Chicago O’Hare International
Airport; and
‘‘(2) after January 1, 2007, at LaGuardia Airport or John
F. Kennedy International Airport.
‘‘(b) STATUTORY CONSTRUCTION.—Nothing in this section and
sections 41714 and 41716–41718 shall be construed—
‘‘(1) as affecting the Federal Aviation Administration’s
authority for safety and the movement of air traffic; and
‘‘(2) as affecting any other authority of the Secretary to
grant exemptions under section 41714.
‘‘(c) FACTORS TO CONSIDER.—

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114 STAT. 109

‘‘(1) IN GENERAL.—Before the award of slot exemptions
under sections 41714 and 41716–41718, the Secretary of
Transportation may consider, among other determining factors,
whether the petitioning air carrier’s proposal provides the maximum benefit to the United States economy, including the
number of United States jobs created by the air carrier, its
suppliers, and related activities. The Secretary should give
equal consideration to the consumer benefits associated with
the award of such exemptions.
‘‘(2) APPLICABILITY.—Paragraph (1) does not apply in any
case in which the air carrier requesting the slot exemption
is proposing to use under the exemption a type of aircraft
for which there is not a competing United States manufacturer.’’.
(c) SPECIAL RULES AFFECTING LAGUARDIA AIRPORT AND JOHN
F. KENNEDY INTERNATIONAL AIRPORT.—Chapter 417 (as amended
by subsection (b) of this section) is amended by inserting after
section 41715 the following:
‘‘§ 41716. Interim slot rules at New York airports
‘‘(a) EXEMPTIONS FOR AIR SERVICE TO SMALL AND NONHUB
AIRPORTS.—Subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the requirements
under subparts K and S of part 93 of title 14, Code of Federal
Regulations (pertaining to slots at high density airports) to any
air carrier to provide nonstop air transportation, using an aircraft
with a certificated maximum seating capacity of less than 71,
between LaGuardia Airport or John F. Kennedy International Airport and a small hub airport or nonhub airport—
‘‘(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;
‘‘(2) if the number of flights to be provided between such
airports by the air carrier during any week will exceed the
number of flights provided by the air carrier between such
airports during the week of November 1, 1999; or
‘‘(3) if the air transportation to be provided under the
exemption will be provided with a regional jet as replacement
of turboprop air transportation that was being provided during
the week of November 1, 1999.
‘‘(b) EXEMPTIONS FOR NEW ENTRANT AND LIMITED INCUMBENT
AIR CARRIERS.—Subject to section 41714(i), the Secretary shall
grant, by order, exemptions from the requirements under subparts
K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any new entrant air
carrier or limited incumbent air carrier to provide air transportation
to or from LaGuardia Airport or John F. Kennedy International
Airport if the number of slot exemptions granted under this subsection to such air carrier with respect to such airport when added
to the slots and slot exemptions held by such air carrier with
respect to such airport does not exceed 20.
‘‘(c) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be
granted under this section with respect to any aircraft that is
not a Stage 3 aircraft (as defined by the Secretary).
‘‘(d) PRESERVATION OF CERTAIN EXISTING SLOT-RELATED AIR
SERVICE.—An air carrier that provides air transportation of passengers from LaGuardia Airport or John F. Kennedy International
Airport to a small hub airport or nonhub airport, or to an airport

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PUBLIC LAW 106–181—APR. 5, 2000

that is smaller than a nonhub airport, on or before the date of
the enactment of this subsection pursuant to an exemption from
the requirements of subparts K and S of part 93 of title 14, Code
of Federal Regulations (pertaining to slots at high density airports),
or where slots were issued to an air carrier conditioned on a
specific airport being served, may not terminate air transportation
for that route before July 1, 2003, unless—
‘‘(1) before October 1, 1999, the Secretary received a written
air service termination notice for that route; or
‘‘(2) after September 30, 1999, the air carrier submits an
air service termination notice under section 41719 for that
route and the Secretary determines that the carrier suffered
excessive losses, including substantial losses on operations on
that route during any three quarters of the year immediately
preceding the date of submission of the notice.’’.
(d) SPECIAL RULES AFFECTING CHICAGO O’HARE INTERNATIONAL
AIRPORT.—
(1) NONSTOP REGIONAL JET, NEW ENTRANTS, AND LIMITED
INCUMBENTS.—Chapter 417 (as amended by subsection (c) of
this section) is further amended by inserting after section 41716
the following:
‘‘§ 41717. Interim application of slot rules at Chicago O’Hare
International Airport
‘‘(a) SLOT OPERATING WINDOW NARROWED.—Effective July 1,
2001, the requirements of subparts K and S of part 93 of title
14, Code of Federal Regulations, do not apply with respect to
aircraft operating before 2:45 post meridiem and after 8:14 post
meridiem at Chicago O’Hare International Airport.
‘‘(b) EXEMPTIONS FOR AIR SERVICE TO SMALL AND NONHUB
AIRPORTS.—Effective May 1, 2000, subject to section 41714(i), the
Secretary of Transportation shall grant, by order, exemptions from
the requirements of subparts K and S of part 93 of title 14, Code
of Federal Regulations (pertaining to slots at high density airports),
to any air carrier to provide nonstop air transportation, using
an aircraft with a certificated maximum seating capacity of less
than 71, between Chicago O’Hare International Airport and a small
hub or nonhub airport—
‘‘(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;
‘‘(2) if the number of flights to be provided between such
airports by the air carrier during any week will exceed the
number of flights provided by the air carrier between such
airports during the week of November 1, 1999; or
‘‘(3) if the air transportation to be provided under the
exemption will be provided with a regional jet as replacement
of turboprop air transportation that was being provided during
the week of November 1, 1999.
‘‘(c) EXEMPTIONS FOR NEW ENTRANT AND LIMITED INCUMBENT
AIR CARRIERS.—
‘‘(1) IN GENERAL.—The Secretary shall grant, by order,
30 exemptions from the requirements under subparts K and
S of part 93 of title 14, Code of Federal Regulations, to any
new entrant air carrier or limited incumbent air carrier to
provide air transportation to or from Chicago O’Hare International Airport.

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114 STAT. 111

‘‘(2) DEADLINE FOR GRANTING EXEMPTIONS.—The Secretary
shall grant an exemption under paragraph (1) within 45 days
of the date of the request for such exemption if the person
making the request qualifies as a new entrant air carrier or
limited incumbent air carrier.
‘‘(d) SLOTS USED TO PROVIDE TURBOPROP SERVICE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a slot used to provide turboprop air transportation that is
replaced with regional jet air transportation under subsection
(b)(3) may not be used, sold, leased, or otherwise transferred
after the date the slot exemption is granted to replace the
turboprop air transportation.
‘‘(2) TWO-FOR-ONE EXCEPTION.—An air carrier that otherwise could not use 2 slots as a result of paragraph (1) may
use 1 of such slots to provide air transportation.
‘‘(3) WITHDRAWAL OF SLOT.—If the Secretary determines
that an air carrier that is using a slot under paragraph (2)
is no longer providing the air transportation that replaced
the turboprop air transportation, the Secretary shall withdraw
the slot that is being used under paragraph (2).
‘‘(4) CONTINUATION.—If the Secretary determines that an
air carrier that is using a slot under paragraph (2) is no
longer providing the air transportation that replaced the turboprop air transportation with a regional jet, the Secretary shall
withdraw the slot being used by the air carrier under paragraph
(2) but shall allow the air carrier to continue to hold the
exemption granted to the air carrier under subsection (b)(3).
‘‘(e) INTERNATIONAL SERVICE AT O’HARE AIRPORT.—
‘‘(1) TERMINATION OF REQUIREMENTS.—Subject to paragraph (2), the requirements of subparts K and S of part 93
of title 14, Code of Federal Regulations, shall be of no force
and effect at Chicago O’Hare International Airport after May
1, 2000, with respect to any aircraft providing foreign air
transportation.
‘‘(2) EXCEPTION RELATING TO RECIPROCITY.—The Secretary
may limit access to Chicago O’Hare International Airport with
respect to foreign air transportation being provided by a foreign
air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if
the country in which that carrier is domiciled does not provide
reciprocal airport access for air carriers.
‘‘(f ) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not be
granted under this section with respect to any aircraft that is
not a Stage 3 aircraft (as defined by the Secretary).
‘‘(g) PRESERVATION OF CERTAIN EXISTING SLOT-RELATED AIR
SERVICE.—An air carrier that provides air transportation of passengers from Chicago O’Hare International Airport to a small hub
airport or nonhub airport, or to an airport that is smaller than
a nonhub airport, on or before the date of the enactment of this
subsection pursuant to an exemption from the requirements of
subparts K and S of part 93 of title 14, Code of Federal Regulations
(pertaining to slots at high density airports), or where slots were
issued to an air carrier conditioned on a specific airport being
served, may not terminate air transportation service for that route
for a period of 1 year after the date on which those requirements
cease to apply to such airport unless—

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114 STAT. 112

Effective date.

49 USC 41714
note.

PUBLIC LAW 106–181—APR. 5, 2000

‘‘(1) before October 1, 1999, the Secretary received a written
air service termination notice for that route; or
‘‘(2) after September 30, 1999, the air carrier submits an
air service termination notice under section 41719 for that
route and the Secretary determines that the carrier suffered
excessive losses, including substantial losses on operations on
that route during the calendar quarters immediately preceding
submission of the notice.’’.
(2) ELIMINATION OF BASIC ESSENTIAL AIR SERVICE EXEMPTION LIMIT.—Section 41714(a)(3) is amended by striking ‘‘;
except that’’ and all that follows through ‘‘132 slots’’.
(3)
PROHIBITION
OF
SLOT
WITHDRAWALS.—Section
41714(b)(2) is amended—
(A) by inserting ‘‘at Chicago O’Hare International Airport’’ after ‘‘a slot’’; and
(B) by striking ‘‘if the withdrawal’’ and all that follows
through ‘‘1993’’.
(4) CONVERSIONS.—Section 41714(b)(4) is amended to read
as follows:
‘‘(4) CONVERSIONS OF SLOTS.—Effective May 1, 2000, slots
at Chicago O’Hare International Airport allocated to an air
carrier as of November 1, 1999, to provide foreign air transportation shall be made available to such carrier to provide interstate or intrastate air transportation.’’.
(5) RETURN OF WITHDRAWN SLOTS.—The Secretary shall
return any slot withdrawn from an air carrier under section
41714(b) of title 49, United States Code, before the date of
the enactment of this Act, to that carrier on April 30, 2000.
(e) SPECIAL RULES AFFECTING REAGAN WASHINGTON NATIONAL
AIRPORT.—
(1) IN GENERAL.—Chapter 417 (as amended by subsection
(d) of this section) is further amended by inserting after section
41717 the following:
‘‘§ 41718. Special rules for Ronald Reagan Washington
National Airport
‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The Secretary shall
grant, by order, 12 exemptions from the application of sections
49104(a)(5), 49109, 49111(e), and 41714 of this title to air carriers
to operate limited frequencies and aircraft on select routes between
Ronald Reagan Washington National Airport and domestic hub
airports and exemptions from the requirements of subparts K and
S of part 93, Code of Federal Regulations, if the Secretary finds
that the exemptions will—
‘‘(1) provide air transportation with domestic network benefits in areas beyond the perimeter described in that section;
‘‘(2) increase competition by new entrant air carriers or
in multiple markets;
‘‘(3) not reduce travel options for communities served by
small hub airports and medium hub airports within the perimeter described in section 49109; and
‘‘(4) not result in meaningfully increased travel delays.
‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The Secretary shall
grant, by order, 12 exemptions from the requirements of sections
49104(a)(5), 49111(e), and 41714 of this title and subparts K and
S of part 93 of title 14, Code of Federal Regulations, to air carriers
for providing air transportation to airports that were designated

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114 STAT. 113

as medium hub or smaller airports within the perimeter established
for civil aircraft operations at Ronald Reagan Washington National
Airport under section 49109. The Secretary shall develop criteria
for distributing slot exemptions for flights within the perimeter
to such airports under this paragraph in a manner that promotes
air transportation—
‘‘(1) by new entrant air carriers and limited incumbent
air carriers;
‘‘(2) to communities without existing nonstop air transportation to Ronald Reagan Washington National Airport;
‘‘(3) to small communities;
‘‘(4) that will provide competitive nonstop air transportation
on a monopoly nonstop route to Ronald Reagan Washington
National Airport; or
‘‘(5) that will produce the maximum competitive benefits,
including low fares.
‘‘(c) LIMITATIONS.—
‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An exemption may not
be granted under this section with respect to any aircraft
that is not a Stage 3 aircraft (as defined by the Secretary).
‘‘(2) GENERAL EXEMPTIONS.—The exemptions granted under
subsections (a) and (b) may not be for operations between
the hours of 10:00 p.m. and 7:00 a.m. and may not increase
the number of operations at Ronald Reagan Washington
National Airport in any 1-hour period during the hours between
7:00 a.m. and 9:59 p.m. by more than two operations.
‘‘(3) ALLOCATION OF WITHIN-PERIMETER EXEMPTIONS.—Of
the exemptions granted under subsection (b)—
‘‘(A) four shall be for air transportation to small hub
airports and nonhub airports; and
‘‘(B) eight shall be for air transportation to medium
hub and smaller airports.
‘‘(4) APPLICABILITY TO EXEMPTION NO. 5133.—Nothing in
this section affects Exemption No. 5133, as from time-to-time
amended and extended.
‘‘(d) APPLICATION PROCESS.—
‘‘(1) DEADLINE FOR SUBMISSION.—All requests for exemptions under this section must be submitted to the Secretary
not later than the 30th day following the date of the enactment
of this subsection.
‘‘(2) DEADLINE FOR COMMENTS.—All comments with respect
to any request for an exemption under this section must be
submitted to the Secretary not later than the 45th day following
the date of the enactment of this subsection.
‘‘(3) DEADLINE FOR FINAL DECISION.—Not later than the
90th day following the date of the enactment of this Act, the
Secretary shall make a decision regarding whether to approve
or deny any request that is submitted to the Secretary in
accordance with paragraph (1).
‘‘(e) APPLICABILITY OF CERTAIN LAWS.—Neither the request for,
nor the granting of an exemption, under this section shall be
considered for purposes of any Federal law a major Federal action
significantly affecting the quality of the human environment.’’.
(2) OVERRIDE OF MWAA RESTRICTION.—Section 49104(a)(5)
is amended by adding at the end thereof the following:
‘‘(D) Subparagraph (C) does not apply to any increase in
the number of instrument flight rule takeoffs and landings

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114 STAT. 114

Deadline.

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necessary to implement exemptions granted by the Secretary
under section 41718.’’.
(3) MWAA NOISE-RELATED GRANT ASSURANCES.—
(A) IN GENERAL.—In addition to any condition for
approval of an airport development project that is the
subject of a grant application submitted to the Secretary
under chapter 471 of title 49, United States Code, by the
Metropolitan Washington Airports Authority, the Authority
shall be required to submit a written assurance that, for
each such grant made for use at Ronald Reagan Washington National Airport for fiscal year 2000 or any subsequent fiscal year—
(i) the Authority will make available for that fiscal
year funds for noise compatibility planning and programs that are eligible to receive funding under such
chapter in an amount not less than 10 percent of
the amount apportioned to the Ronald Reagan Washington National Airport under section 47114 of such
title for that fiscal year; and
(ii) the Authority will not divert funds from a
high priority safety project in order to make funds
available for noise compatibility planning and programs.
(B) WAIVER.—The Secretary may waive the requirements of subparagraph (A) for any fiscal year for which
the Secretary determines that the Authority is in compliance with applicable airport noise compatibility planning
and program requirements under part 150 of title 14, Code
of Federal Regulations.
(C) SUNSET.—This paragraph shall cease to be in effect
5 years after the date of the enactment of this Act if
on that date the Secretary certifies that the Authority
has achieved compliance with applicable noise compatibility
planning and program requirements under part 150 of
title 14, Code of Federal Regulations.
(4) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall certify to the Committee on Commerce, Science, and Transportation of the Senate,
the Committee on Transportation and Infrastructure of the
House of Representatives, the governments of Maryland, Virginia, and West Virginia, and the metropolitan planning
organization for Washington, D.C., that noise standards, air
traffic congestion, airport-related vehicular congestion, safety
standards, and adequate air service to communities served
by small hub airports and medium hub airports within the
perimeter described in section 49109 of title 49, United States
Code, have been maintained at appropriate levels.
(f ) NOISE COMPATIBILITY PLANNING AND PROGRAMS.—Section
47117(e) is amended by adding at the end the following:
‘‘(3) PRIORITY.—The Secretary shall give priority in making
grants under paragraph (1)(A) to applications for airport noise
compatibility planning and programs at and around—
‘‘(A) Chicago O’Hare International Airport;
‘‘(B) LaGuardia Airport;
‘‘(C) John F. Kennedy International Airport; and
‘‘(D) Ronald Reagan Washington National Airport.’’.

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114 STAT. 115

(g) STUDY OF COMMUNITY NOISE LEVELS AROUND HIGH DENSITY
AIRPORTS.—The Secretary shall study community noise levels in
the areas surrounding the four high-density airports in fiscal year
2001 and compare those levels with the levels in such areas before
1991.
(h) EXTENSION OF APPLICATION APPROVALS.—Section 49108 is
amended by striking ‘‘2001’’ and inserting ‘‘2004’’.
(i) ELIMINATION OF DEADLINE FOR APPOINTMENT OF MEMBERS
TO BOARD OF DIRECTORS.—Section 49106(c)(6) is amended by
striking subparagraph (C) and by redesignating subparagraph (D)
as subparagraph (C).
( j) CONFORMING AMENDMENTS.—
(1) OPERATION LIMITATIONS.—Section 49111 is amended
by striking subsection (e).
(2) CHAPTER ANALYSIS.—The analysis for subchapter I of
chapter 417 is amended—
(A) redesignating the items relating to sections 41715
and 41716 as items relating to sections 41719 and 41720,
respectively; and
(B) by inserting after the item relating to section 41714
the following:
‘‘41715.
‘‘41716.
‘‘41717.
‘‘41718.

Phase-out of slot rules at certain airports.
Interim slot rules at New York airports.
Interim application of slot rules at Chicago O’Hare International Airport.
Special Rules for Ronald Reagan Washington National Airport.’’.

TITLE III—FAA MANAGEMENT REFORM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM DEFINED.

Section 40102(a) is amended by adding at the end the following:
‘‘(42) ‘air traffic control system’ means the combination
of elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United States and United Statesassigned airspace, including—
‘‘(A) allocated electromagnetic spectrum and physical,
real, personal, and intellectual property assets making up
facilities, equipment, and systems employed to detect,
track, and guide aircraft movement;
‘‘(B) laws, regulations, orders, directives, agreements,
and licenses;
‘‘(C) published procedures that explain required
actions, activities, and techniques used to ensure adequate
aircraft separation; and
‘‘(D) trained personnel with specific technical capabilities to satisfy the operational, engineering, management,
and planning requirements for air traffic control.’’.
SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT.

(a) AVIATION MANAGEMENT ADVISORY COUNCIL.—
(1) MEMBERSHIP.—Section 106(p)(2) is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (B);
and
(B) by striking subparagraph (C) and inserting the
following:
‘‘(C) 10 members representing aviation interests,
appointed by—

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114 STAT. 116

PUBLIC LAW 106–181—APR. 5, 2000
‘‘(i) in the case of initial appointments to the
Council, the President by and with the advice and
consent of the Senate; and
‘‘(ii) in the case of subsequent appointments to
the Council, the Secretary of Transportation;
‘‘(D) 1 member appointed, from among individuals who
are the leaders of their respective unions of air traffic
control system employees, by—
‘‘(i) in the case of initial appointments to the
Council, the President by and with the advice and
consent of the Senate; and
‘‘(ii) in the case of subsequent appointments to
the Council, the Secretary of Transportation; and
‘‘(E) 5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the
Senate.’’.
(2) QUALIFICATIONS.—Section 106(p)(3) is amended—
(A) by inserting ‘‘(A) NO FEDERAL OFFICER OR
EMPLOYEE.—’’ before ‘‘No member’’;
(B) by inserting ‘‘or (2)(E)’’ after ‘‘paragraph (2)(C)’’;
(C) by adding at the end the following:
‘‘(B) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Members
appointed under paragraph (2)(E) shall—
‘‘(i) have a fiduciary responsibility to represent
the public interest;
‘‘(ii) be citizens of the United States; and
‘‘(iii) be appointed without regard to political affiliation and solely on the basis of their professional
experience and expertise in one or more of the following
areas:
‘‘(I) Management of large service organizations.
‘‘(II) Customer service.
‘‘(III) Management of large procurements.
‘‘(IV) Information and communications technology.
‘‘(V) Organizational development.
‘‘(VI) Labor relations.
At least one of such members should have a background
in managing large organizations successfully. In the aggregate, such members should collectively bring to bear expertise in all of the areas described in subclauses (I) through
(VI).
‘‘(C) PROHIBITIONS ON MEMBERS OF SUBCOMMITTEE.—
No member appointed under paragraph (2)(E) may—
‘‘(i) have a pecuniary interest in, or own stock
in or bonds of, an aviation or aeronautical enterprise,
except an interest in a diversified mutual fund or an
interest that is exempt from the application of section
208 of title 18;
‘‘(ii) engage in another business related to aviation
or aeronautics; or
‘‘(iii) be a member of any organization that
engages, as a substantial part of its activities, in activities to influence aviation-related legislation.’’; and

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(D) by indenting subparagraph (A) (as designated by
subparagraph (A) of this paragraph) and aligning it with
subparagraph (B) of such section (as added by subparagraph (C) of this paragraph).
(b) TERMS OF MEMBERS.—Section 106(p)(6) is amended—
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (J), (K), and (L), respectively; and
(2) by striking subparagraph (A) and inserting the following:
‘‘(A) TERMS OF MEMBERS APPOINTED UNDER PARAGRAPH
(2)(C).—Members of the Council appointed under paragraph
(2)(C) shall be appointed for a term of 3 years. Of the
members first appointed by the President under paragraph
(2)(C)—
‘‘(i) 3 shall be appointed for terms of 1 year;
‘‘(ii) 4 shall be appointed for terms of 2 years;
and
‘‘(iii) 3 shall be appointed for terms of 3 years.
‘‘(B) TERM FOR AIR TRAFFIC CONTROL REPRESENTATIVE.—The member appointed under paragraph (2)(D) shall
be appointed for a term of 3 years, except that the term
of such individual shall end whenever the individual no
longer meets the requirements of paragraph (2)(D).
‘‘(C) TERMS FOR AIR TRAFFIC SERVICES SUBCOMMITTEE
MEMBERS.—The member appointed under paragraph (2)(E)
shall be appointed for a term of 5 years, except that of
the members first appointed under paragraph (2)(E)—
‘‘(i) 2 members shall be appointed for a term of
3 years;
‘‘(ii) 2 members shall be appointed for a term of
4 years; and
‘‘(iii) 1 member shall be appointed for a term of
5 years.
‘‘(D) REAPPOINTMENT.—An individual may not be
appointed under paragraph (2)(E) to more than two 5year terms.
‘‘(E) VACANCY.—Any vacancy on the Council shall be
filled in the same manner as the original appointment,
except that any vacancy caused by a member appointed
by the President under paragraph (2)(C)(i) shall be filled
by the Secretary in accordance with paragraph (2)(C)(ii).
Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder
of that term.
‘‘(F) CONTINUATION IN OFFICE.—A member whose term
expires shall continue to serve until the date on which
the member’s successor takes office.
‘‘(G) REMOVAL.—Any member of the Council appointed
under paragraph (2)(D) may be removed for cause by the
President or Secretary whoever makes the appointment.
Any member of the Council appointed under paragraph
(2)(E) may be removed for cause by the Secretary.
‘‘(H) CLAIMS AGAINST MEMBERS OF SUBCOMMITTEE.—
‘‘(i) IN GENERAL.—A member appointed under paragraph (2)(E) shall have no personal liability under
Federal law with respect to any claim arising out of

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or resulting from an act or omission by such member
within the scope of service as a member of the Air
Traffic Services Subcommittee.
‘‘(ii) EFFECT ON OTHER LAW.—This subparagraph
shall not be construed—
‘‘(I) to affect any other immunity or protection
that may be available to a member of the Subcommittee under applicable law with respect to
such transactions;
‘‘(II) to affect any other right or remedy against
the United States under applicable law; or
‘‘(III) to limit or alter in any way the immunities that are available under applicable law for
Federal officers and employees.
‘‘(I) ETHICAL CONSIDERATIONS.—
‘‘(i) FINANCIAL DISCLOSURE.—During the entire
period that an individual appointed under paragraph
(2)(E) is a member of the Subcommittee, such individual shall be treated as serving as an officer or
employee referred to in section 101(f ) of the Ethics
in Government Act of 1978 for purposes of title I of
such Act; except that section 101(d) of such Act shall
apply without regard to the number of days of service
in the position.
‘‘(ii) RESTRICTIONS ON POST-EMPLOYMENT.—For
purposes of section 207(c) of title 18, an individual
appointed under paragraph (2)(E) shall be treated as
an employee referred to in section 207(c)(2)(A)(i) of
such title during the entire period the individual is
a member of the Subcommittee; except that subsections
(c)(2)(B) and (f ) of section 207 of such title shall not
apply.’’.
(c) AIR TRAFFIC SERVICES SUBCOMMITTEE.—Section 106(p) is
amended by adding at the end the following:
‘‘(7) AIR TRAFFIC SERVICES SUBCOMMITTEE.—
‘‘(A) IN GENERAL.—The Management Advisory Council
shall have an air traffic services subcommittee (in this
paragraph referred to as the ‘Subcommittee’) composed of
the five members appointed under paragraph (2)(E).
‘‘(B) GENERAL RESPONSIBILITIES.—
‘‘(i) OVERSIGHT.—The Subcommittee shall oversee
the administration, management, conduct, direction,
and supervision of the air traffic control system.
‘‘(ii) CONFIDENTIALITY.—The Subcommittee shall
ensure that appropriate confidentiality is maintained
in the exercise of its duties.
‘‘(C) SPECIFIC RESPONSIBILITIES.—The Subcommittee
shall have the following specific responsibilities:
‘‘(i) STRATEGIC PLANS.—To review, approve, and
monitor the strategic plan for the air traffic control
system, including the establishment of—
‘‘(I) a mission and objectives;
‘‘(II) standards of performance relative to such
mission and objectives, including safety, efficiency,
and productivity; and
‘‘(III) annual and long-range strategic plans.

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‘‘(ii) MODERNIZATION AND IMPROVEMENT.—To
review and approve—
‘‘(I) methods to accelerate air traffic control
modernization and improvements in aviation
safety related to air traffic control; and
‘‘(II) procurements of air traffic control equipment in excess of $100,000,000.
‘‘(iii) OPERATIONAL PLANS.—To review the operational functions of the air traffic control system,
including—
‘‘(I) plans for modernization of the air traffic
control system;
‘‘(II) plans for increasing productivity or implementing cost-saving measures; and
‘‘(III) plans for training and education.
‘‘(iv) MANAGEMENT.—To—
‘‘(I) review and approve the Administrator’s
appointment of a Chief Operating Officer under
section 106(r);
‘‘(II) review the Administrator’s selection,
evaluation, and compensation of senior executives
of the Administration who have program management responsibility over significant functions of
the air traffic control system;
‘‘(III) review and approve the Administrator’s
plans for any major reorganization of the Administration that would impact on the management of
the air traffic control system;
‘‘(IV) review and approve the Administrator’s
cost accounting and financial management structure and technologies to help ensure efficient and
cost-effective air traffic control operation; and
‘‘(V) review the performance and compensation
of managers responsible for major acquisition
projects, including the ability of the managers to
meet schedule and budget targets.
‘‘(v) BUDGET.—To—
‘‘(I) review and approve the budget request
of the Administration related to the air traffic
control system prepared by the Administrator;
‘‘(II) submit such budget request to the Secretary; and
‘‘(III) ensure that the budget request supports
the annual and long-range strategic plans.
The Secretary shall submit the budget request referred
to in clause (v)(II) for any fiscal year to the President
who shall transmit such request, without revision, to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate, together with the President’s
annual budget request for the Federal Aviation Administration for such fiscal year.
‘‘(D) SUBCOMMITTEE PERSONNEL MATTERS.—
‘‘(i) COMPENSATION OF MEMBERS.—Each member
of the Subcommittee shall be compensated at a rate
of $25,000 per year.

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PUBLIC LAW 106–181—APR. 5, 2000
‘‘(ii) COMPENSATION OF CHAIRPERSON.—Notwithstanding clause (i), the chairperson of the Subcommittee shall be compensated at a rate of $40,000
per year.
‘‘(iii) STAFF.—The chairperson of the Subcommittee
may appoint and terminate any personnel that may
be necessary to enable the Subcommittee to perform
its duties.
‘‘(iv) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairperson of the Subcommittee
may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
‘‘(E) ADMINISTRATIVE MATTERS.—
‘‘(i) TERM OF CHAIR.—The members of the Subcommittee shall elect for a 2-year term a chairperson
from among the members of the Subcommittee.
‘‘(ii) POWERS OF CHAIR.—Except as otherwise provided by a majority vote of the Subcommittee, the
powers of the chairperson shall include—
‘‘(I) establishing committees;
‘‘(II) setting meeting places and times;
‘‘(III) establishing meeting agendas; and
‘‘(IV) developing rules for the conduct of business.
‘‘(iii) MEETINGS.—The Subcommittee shall meet at
least quarterly and at such other times as the chairperson determines appropriate.
‘‘(iv) QUORUM.—Three members of the Subcommittee shall constitute a quorum. A majority of
members present and voting shall be required for the
Subcommittee to take action.
‘‘(F) REPORTS.—
‘‘(i) ANNUAL.—The Subcommittee shall each year
report with respect to the conduct of its responsibilities
under this title to the Administrator, the Council, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
‘‘(ii) ADDITIONAL REPORT.—If a determination by
the Subcommittee under subparagraph (B)(i) that the
organization and operation of the air traffic control
system are not allowing the Administration to carry
out its mission, the Subcommittee shall report such
determination to the Administrator, the Council, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
‘‘(iii) ACTION OF ADMINISTRATOR ON REPORT.—Not
later than 60 days after the date of a report of the
Subcommittee under this subparagraph, the Administrator shall take action with respect to such report.
If the Administrator overturns a recommendation of
the Subcommittee, the Administrator shall report such
action to the President, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.

Deadline.

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114 STAT. 121

‘‘(iv) COMPTROLLER GENERAL’S REPORT.—Not later
than April 30, 2003, the Comptroller General of the
United States shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the success of the Subcommittee in improving the performance
of the air traffic control system.
‘‘(8) AIR TRAFFIC CONTROL SYSTEM DEFINED.—In this section, the term ‘air traffic control system’ has the meaning
such term has under section 40102(a).’’.
(d) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) INITIAL NOMINATIONS TO AIR TRAFFIC SERVICES SUBCOMMITTEE.—The Secretary shall make the initial appointments of the Air Traffic Services Subcommittee of the Aviation
Management Advisory Council not later than 3 months after
the date of the enactment of this Act.
(3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT OF SUBCOMMITTEE.—Nothing in this section shall be construed to
invalidate the actions and authority of the Federal Aviation
Administration prior to the appointment of the members of
the Air Traffic Services Subcommittee.

49 USC 106 note.

Deadline.

SEC. 303. CHIEF OPERATING OFFICER.

Section 106 is amended by adding at the end the following:
‘‘(r) CHIEF OPERATING OFFICER.—
‘‘(1) IN GENERAL.—
‘‘(A) APPOINTMENT.—There shall be a Chief Operating
Officer for the air traffic control system to be appointed
by the Administrator, with the approval of the Air Traffic
Services Subcommittee of the Aviation Management
Advisory Council. The Chief Operating Officer shall report
directly to the Administrator and shall be subject to the
authority of the Administrator.
‘‘(B) QUALIFICATIONS.—The Chief Operating Officer
shall have a demonstrated ability in management and
knowledge of or experience in aviation.
‘‘(C) TERM.—The Chief Operating Officer shall be
appointed for a term of 5 years.
‘‘(D) REMOVAL.—The Chief Operating Officer shall
serve at the pleasure of the Administrator, except that
the Administrator shall make every effort to ensure stability and continuity in the leadership of the air traffic
control system.
‘‘(E) VACANCY.—Any individual appointed to fill a
vacancy in the position of Chief Operating Officer occurring
before the expiration of the term for which the individual’s
predecessor was appointed shall be appointed for the
remainder of that term.
‘‘(2) COMPENSATION.—
‘‘(A) IN GENERAL.—The Chief Operating Officer shall
be paid at an annual rate of basic pay equal to the annual
rate of basic pay of the Administrator. The Chief Operating
Officer shall be subject to the post-employment provisions

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PUBLIC LAW 106–181—APR. 5, 2000
of section 207 of title 18 as if this position were described
in section 207(c)(2)(A)(i) of that title.
‘‘(B) BONUS.—In addition to the annual rate of basic
pay authorized by subparagraph (A), the Chief Operating
Officer may receive a bonus for any calendar year not
to exceed 30 percent of the annual rate of basic pay, based
upon the Administrator’s evaluation of the Chief Operating
Officer’s performance in relation to the performance goals
set forth in the performance agreement described paragraph (3).
‘‘(3) ANNUAL PERFORMANCE AGREEMENT.—The Administrator and the Chief Operating Officer, in consultation with
the Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement that sets forth measurable organization and
individual goals for the Chief Operating Officer in key operational areas. The agreement shall be subject to review and
renegotiation on an annual basis.
‘‘(4) ANNUAL PERFORMANCE REPORT.—The Chief Operating
Officer shall prepare and transmit to the Secretary of Transportation and Congress an annual management report containing
such information as may be prescribed by the Secretary.
‘‘(5) RESPONSIBILITIES.—The Administrator may delegate
to the Chief Operating Officer, or any other authority within
the Administration responsibilities, including the following:
‘‘(A) STRATEGIC PLANS.—To develop a strategic plan
of the Administration for the air traffic control system,
including the establishment of—
‘‘(i) a mission and objectives;
‘‘(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and
productivity;
‘‘(iii) annual and long-range strategic plans; and
‘‘(iv) methods of the Administration to accelerate
air traffic control modernization and improvements in
aviation safety related to air traffic control.
‘‘(B) OPERATIONS.—To review the operational functions
of the Administration, including—
‘‘(i) modernization of the air traffic control system;
‘‘(ii) increasing productivity or implementing costsaving measures; and
‘‘(iii) training and education.
‘‘(C) BUDGET.—To—
‘‘(i) develop a budget request of the Administration
related to the air traffic control system prepared by
the Administrator;
‘‘(ii) submit such budget request to the Administrator and the Secretary of Transportation; and
‘‘(iii) ensure that the budget request supports the
annual and long-range strategic plans developed under
subparagraph (A) of this subsection.’’.

49 USC 44505
note.

SEC. 304. PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC
MODERNIZATION PROJECTS.

(a) PURPOSE.—It is the purpose of this section to improve aviation safety and enhance mobility of the Nation’s air transportation

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system by encouraging non-Federal investment on a pilot program
basis in critical air traffic control facilities and equipment.
(b) IN GENERAL.—Subject to the requirements of this section,
the Secretary shall carry out a pilot program under which the
Secretary may make grants to project sponsors for not more than
10 eligible projects.
(c) FEDERAL SHARE.—The Federal share of the cost of an eligible
project carried out under the program shall not exceed 33 percent.
The non-Federal share of the cost of an eligible project shall be
provided from non-Federal sources, including revenues collected
pursuant to section 40117 of title 49, United States Code.
(d) LIMITATION ON GRANT AMOUNTS.—No eligible project may
receive more than $15,000,000 under the program.
(e) FUNDING.—The Secretary shall use amounts appropriated
under section 48101(a) of title 49, United States Code, for fiscal
years 2001 through 2003 to carry out the program.
(f ) DEFINITIONS.—In this section, the following definitions
apply:
(1) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
a project relating to the Nation’s air traffic control system
that is certified or approved by the Administrator and that
promotes safety, efficiency, or mobility. Such projects may
include—
(A) airport-specific air traffic facilities and equipment,
including local area augmentation systems, instrument
landings systems, weather and wind shear detection equipment, lighting improvements, and control towers;
(B) automation tools to effect improvements in airport
capacity, including passive final approach spacing tools
and traffic management advisory equipment; and
(C) facilities and equipment that enhance airspace control procedures, including consolidation of terminal radar
control facilities and equipment, or assist in en route
surveillance, including oceanic and offshore flight tracking.
(2) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means
a public-use airport or a joint venture between a public-use
airport and one or more air carriers.
(g) TRANSFERS OF EQUIPMENT.—Notwithstanding any other
provision of law, project sponsors may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment,
and automation tools, the purchase of which was assisted by a
grant made under this section. The Administration shall accept
such facilities, equipment, and automation tools, which shall thereafter be operated and maintained by the Administration in accordance with criteria of the Administration.
(h) GUIDELINES.—Not later than 90 days after the date of
the enactment of this Act, the Administrator shall issue advisory
guidelines on the implementation of the program.

Deadline.

SEC. 305. CLARIFICATION OF REGULATORY APPROVAL PROCESS.

Section 106(f )(3)(B)(i) is amended—
(1) by striking ‘‘$100,000,000’’ each place it appears and
inserting ‘‘$250,000,000’’;
(2) by striking ‘‘Air Traffic Management System Performance Improvement Act of 1996’’ and inserting ‘‘Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century’’;

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PUBLIC LAW 106–181—APR. 5, 2000
(3) in subclause (I)—
(A) by inserting ‘‘substantial and’’ before ‘‘material’’;
and
(B) by inserting ‘‘or’’ after the semicolon at the end;
and
(4) by striking subclauses (II), (III), and (IV) and inserting
the following:
‘‘(II) raise novel or significant legal or policy issues
arising out of legal mandates that may substantially
and materially affect other transportation modes.’’.

SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE.

Section 106(f )(3)(A) is amended by adding at the end the following: ‘‘On February 1 and August 1 of each year the Administrator
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a letter listing each
deadline the Administrator missed under this subparagraph during
the 6-month period ending on such date, including an explanation
for missing the deadline and a projected date on which the action
that was subject to the deadline will be taken.’’.
SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.

(a) PERSONNEL MANAGEMENT SYSTEM.—Section 40122 is
amended by adding at the end the following:
‘‘(g) PERSONNEL MANAGEMENT SYSTEM.—
‘‘(1) IN GENERAL.—In consultation with the employees of
the Administration and such non-governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5 and other Federal personnel
laws, the Administrator shall develop and implement, not later
than January 1, 1996, a personnel management system for
the Administration that addresses the unique demands on the
agency’s workforce. Such a new system shall, at a minimum,
provide for greater flexibility in the hiring, training, compensation, and location of personnel.
‘‘(2) APPLICABILITY OF TITLE 5.—The provisions of title 5
shall not apply to the new personnel management system developed and implemented pursuant to paragraph (1), with the
exception of—
‘‘(A) section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5;
‘‘(B) sections 3308–3320, relating to veterans’ preference;
‘‘(C) chapter 71, relating to labor-management relations;
‘‘(D) section 7204, relating to antidiscrimination;
‘‘(E) chapter 73, relating to suitability, security, and
conduct;
‘‘(F) chapter 81, relating to compensation for work
injury;
‘‘(G) chapters 83–85, 87, and 89, relating to retirement,
unemployment compensation, and insurance coverage; and
‘‘(H) sections 1204, 1211–1218, 1221, and 7701–7703,
relating to the Merit Systems Protection Board.
‘‘(3) APPEALS TO MERIT SYSTEMS PROTECTION BOARD.—
Under the new personnel management system developed and

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implemented under paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection
Board and may seek judicial review of any resulting final
orders or decisions of the Board from any action that was
appealable to the Board under any law, rule, or regulation
as of March 31, 1996.
‘‘(4) EFFECTIVE DATE.—This subsection shall take effect
on April 1, 1996.’’.
(b) ACQUISITION MANAGEMENT SYSTEM.—Section 40110 is
amended by adding at the end the following:
‘‘(d) ACQUISITION MANAGEMENT SYSTEM.—
‘‘(1) IN GENERAL.—In consultation with such non-governmental experts in acquisition management systems as the
Administrator may employ, and notwithstanding provisions of
Federal acquisition law, the Administrator shall develop and
implement, not later than January 1, 1996, an acquisition
management system for the Administration that addresses the
unique needs of the agency and, at a minimum, provides for
more timely and cost-effective acquisitions of equipment and
materials.
‘‘(2) APPLICABILITY OF FEDERAL ACQUISITION LAW.—The following provisions of Federal acquisition law shall not apply
to the new acquisition management system developed and
implemented pursuant to paragraph (1):
‘‘(A) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266).
‘‘(B) The Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.).
‘‘(C) The Federal Acquisition Streamlining Act of 1994
(Public Law 103–355).
‘‘(D) The Small Business Act (15 U.S.C. 631 et seq.),
except that all reasonable opportunities to be awarded
contracts shall be provided to small business concerns and
small business concerns owned and controlled by socially
and economically disadvantaged individuals.
‘‘(E) The Competition in Contracting Act.
‘‘(F) Subchapter V of chapter 35 of title 31, relating
to the procurement protest system.
‘‘(G) The Brooks Automatic Data Processing Act (40
U.S.C. 759).
‘‘(H) The Federal Acquisition Regulation and any laws
not listed in subparagraphs (A) through (G) providing
authority to promulgate regulations in the Federal Acquisition Regulation.
‘‘(3) CERTAIN PROVISIONS OF THE OFFICE OF FEDERAL
PROCUREMENT POLICY ACT.—Notwithstanding paragraph (2)(B),
section 27 of the Office of Federal Procurement Policy Act
(41 U.S.C. 423) shall apply to the new acquisition management
system developed and implemented under paragraph (1) with
the following modifications:
‘‘(A) Subsections (f ) and (g) shall not apply.
‘‘(B) Within 90 days after the date of the enactment
of the Wendell H. Ford Aviation Investment and Reform
Act for the 21st Century, the Administrator shall adopt
definitions for the acquisition management system that
are consistent with the purpose and intent of the Office
of Federal Procurement Policy Act.

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PUBLIC LAW 106–181—APR. 5, 2000

‘‘(C) After the adoption of those definitions, the
criminal, civil, and administrative remedies provided under
the Office of Federal Procurement Policy Act apply to the
acquisition management system.
‘‘(D) In the administration of the acquisition management system, the Administrator may take adverse personnel action under section 27(e)(3)(A)(iv) of the Office
of Federal Procurement Policy Act in accordance with the
procedures contained in the Administration’s personnel
management system.
‘‘(4) EFFECTIVE DATE.—This subsection shall take effect
on April 1, 1996.’’.
(c) CONFORMING AMENDMENTS.—
(1) SECTION 106.—Section 106(l)(1) is amended by striking
‘‘section 40122(a) of this title and section 347 of Public Law
104–50’’ and inserting ‘‘subsections (a) and (g) of section 40122’’.
(2) SECTION 40121.—Section 40121(c)(2) is amended by
striking ‘‘section 348(b) of Public Law 104–50’’ and inserting
‘‘section 40110(d)(2) of this title’’.
(3) FEDERAL AVIATION REAUTHORIZATION ACT OF 1996.—Section 274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization
Act of 1996 (49 U.S.C. 40101 note) is amended by striking
‘‘sections 347 and 348 of Public Law 104–50’’ and inserting
‘‘sections 40110(d) and 40122(g) of title 49, United States Code’’.
(d) REPEAL.—Sections 347 and 348 of Public Law 104–50 (109
Stat. 460–461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are
repealed.
SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.

(a) MEDIATION.—Section 40122(a)(2) is amended by adding at
the end the following: ‘‘The 60-day period shall not include any
period during which Congress has adjourned sine die.’’.
(b) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—Section
40122 (as amended by section 307(a) of this Act) is further amended
by adding at the end the following:
‘‘(h) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—An
employee of the Federal Aviation Administration who is the subject
of a major adverse personnel action may contest the action either
through any contractual grievance procedure that is applicable to
the employee as a member of the collective bargaining unit or
through the Administration’s internal process relating to review
of major adverse personnel actions of the Administration, known
as Guaranteed Fair Treatment, or under section 40122(g)(3).
‘‘(i) ELECTION OF FORUM.—Where a major adverse personnel
action may be contested through more than one of the indicated
forums (such as the contractual grievance procedure, the Federal
Aviation Administration’s internal process, or that of the Merit
Systems Protection Board), an employee must elect the forum
through which the matter will be contested. Nothing in this section
is intended to allow an employee to contest an action through
more than one forum unless otherwise allowed by law.
‘‘( j) DEFINITION.—In this section, the term ‘major adverse personnel action’ means a suspension of more than 14 days, a reduction
in pay or grade, a removal for conduct or performance, a nondisciplinary removal, a furlough of 30 days or less (but not including
placement in a nonpay status as the result of a lapse of appropriations or an enactment by Congress), or a reduction in force action.’’.

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SEC. 309. INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS.

(a) INDEPENDENT ASSESSMENT.—
(1) IN GENERAL.—The Inspector General of the Department
of Transportation shall conduct the assessments described in
this section. To conduct the assessments, the Inspector General
may use the staff and resources of the Inspector General or
contract with one or more independent entities.
(2) ASSESSMENT OF ADEQUACY AND ACCURACY OF FAA COST
DATA AND ATTRIBUTIONS.—
(A) IN GENERAL.—The Inspector General shall conduct
an assessment to ensure that the method for calculating
the overall costs of the Federal Aviation Administration
and attributing such costs to specific users is appropriate,
reasonable, and understandable to the users.
(B) COMPONENTS.—In conducting the assessment under
this paragraph, the Inspector General shall assess the following:
(i) The Administration’s cost input data, including
the reliability of the Administration’s source documents
and the integrity and reliability of the Administration’s
data collection process.
(ii) The Administration’s system for tracking
assets.
(iii) The Administration’s bases for establishing
asset values and depreciation rates.
(iv) The Administration’s system of internal controls for ensuring the consistency and reliability of
reported data.
(v) The Administration’s definition of the services
to which the Administration ultimately attributes its
costs.
(vi) The cost pools used by the Administration
and the rationale for and reliability of the bases which
the Administration proposes to use in allocating costs
of services to users.
(C) REQUIREMENTS FOR ASSESSMENT OF COST POOLS.—
In carrying out subparagraph (B)(vi), the Inspector General
shall—
(i) review costs that cannot reliably be attributed
to specific Administration services or activities (called
‘‘common and fixed costs’’ in the Administration Cost
Allocation Study) and consider alternative methods for
allocating such costs; and
(ii) perform appropriate tests to assess relationships between costs in the various cost pools and activities and services to which the costs are attributed
by the Administration.
(3) COST EFFECTIVENESS.—
(A) IN GENERAL.—The Inspector General shall assess
the progress of the Administration in cost and performance
management, including use of internal and external
benchmarking in improving the performance and productivity of the Administration.
(B) ANNUAL REPORTS.—Not later than December 31,
2000, and annually thereafter until December 31, 2004,
the Inspector General shall transmit to Congress an

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updated report containing the results of the assessment
conducted under this paragraph.
(C) INFORMATION TO BE INCLUDED IN FAA FINANCIAL
REPORT.—The Administrator shall include in the annual
financial report of the Administration information on the
performance of the Administration sufficient to permit
users and others to make an informed evaluation of the
progress of the Administration in increasing productivity.
(b) FUNDING.—There are authorized to be appropriated such
sums as may be necessary to carry out this section.
49 USC 47106
note.

Deadline.

SEC. 310. ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT
PROJECTS.

(a) STUDY.—The Secretary shall conduct a study of Federal
environmental requirements related to the planning and approval
of airport improvement projects.
(b) CONTENTS.—In conducting the study, the Secretary, at a
minimum, shall assess—
(1) the current level of coordination among Federal and
State agencies in conducting environmental reviews in the planning and approval of airport improvement projects;
(2) the role of public involvement in the planning and
approval of airport improvement projects;
(3) the staffing and other resources associated with conducting such environmental reviews; and
(4) the time line for conducting such environmental reviews.
(c) CONSULTATION.—The Secretary shall conduct the study in
consultation with the Administrator, the heads of other appropriate
Federal departments and agencies, airport sponsors, the heads of
State aviation agencies, representatives of the design and construction industry, representatives of employee organizations, and representatives of public interest groups.
(d) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report on the results of the study, together with
recommendations for streamlining, if appropriate, the environmental review process in the planning and approval of airport
improvement projects.
SEC. 311. COST ALLOCATION SYSTEM.

Deadline.

(a) REPORT.—Not later than July 9, 2000, the Administrator
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
cost allocation system currently under development by the Federal
Aviation Administration.
(b) CONTENTS.—The report shall include a specific date for
completion and implementation of the cost allocation system
throughout the Administration and shall also include the timetable
and plan for the implementation of a cost management system.
SEC. 312. REPORT ON MODERNIZATION OF OCEANIC ATC SYSTEM.

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

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TITLE IV—FAMILY ASSISTANCE
SEC. 401. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY
BOARD.

(a) PROHIBITION ON UNSOLICITED COMMUNICATIONS.—
(1) IN GENERAL.—Section 1136(g)(2) is amended—
(A) by striking ‘‘transportation,’’ and inserting
‘‘transportation and in the event of an accident involving
a foreign air carrier that occurs within the United States,’’;
(B) by inserting after ‘‘attorney’’ the following:
‘‘(including any associate, agent, employee, or other representative of an attorney)’’; and
(C) by striking ‘‘30th day’’ and inserting ‘‘45th day’’.
(2) ENFORCEMENT.—Section 1151 is amended by inserting
‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ each place it appears.
(b) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH
AND COUNSELING SERVICES.—Section 1136(g) is amended by adding
at the end the following:
‘‘(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH
AND COUNSELING SERVICES.—No State or political subdivision
thereof may prevent the employees, agents, or volunteers of
an organization designated for an accident under subsection
(a)(2) from providing mental health and counseling services
under subsection (c)(1) in the 30-day period beginning on the
date of the accident. The director of family support services
designated for the accident under subsection (a)(1) may extend
such period for not to exceed an additional 30 days if the
director determines that the extension is necessary to meet
the needs of the families and if State and local authorities
are notified of the determination.’’.
(c) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSISTANCE COVERAGE.—Section 1136(h)(2) is amended to read as follows:
‘‘(2) PASSENGER.—The term ‘passenger’ includes—
‘‘(A) an employee of an air carrier or foreign air carrier
aboard an aircraft; and
‘‘(B) any other person aboard the aircraft without
regard to whether the person paid for the transportation,
occupied a seat, or held a reservation for the flight.’’.
(d) STATUTORY CONSTRUCTION.—Section 1136 is amended by
adding at the end the following:
‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this section may
be construed as limiting the actions that an air carrier may take,
or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.’’.
SEC. 402. AIR CARRIER PLANS.

(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 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:

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49 USC 41113
note.

PUBLIC LAW 106–181—APR. 5, 2000

‘‘(15) An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to
meet the needs of survivors and family members following
an accident.’’.
(3) CONSULTATION ON CARRIER RESPONSE NOT COVERED BY
PLAN.—Section 41113(b) is further amended by adding at the
end the following:
‘‘(16) An assurance that the air carrier, in the event that
the air carrier volunteers assistance to United States citizens
within the United States with respect to an aircraft accident
outside the United States involving major loss of life, the air
carrier will consult with the Board and the Department of
State on the provision of the assistance.’’.
(4) SUBMISSION OF UPDATED PLANS.—The amendments
made by paragraphs (1), (2), and (3) shall take effect on the
180th day following the date of the enactment of this Act.
On or before such 180th day, each air carrier holding a certificate of public convenience and necessity under section 41102
of title 49, United States Code, shall submit to the Secretary
and the Chairman of the National Transportation Safety Board
an updated plan under section 41113 of such title that meets
the requirements of the amendments made by paragraphs (1),
(2), and (3).
(5)
CONFORMING
AMENDMENTS.—Section
41113
is
amended—
(A) in subsection (a) by striking ‘‘Not later than 6
months after the date of the enactment of this section,
each air carrier’’ and inserting ‘‘Each air carrier’’; and
(B) in subsection (c) by striking ‘‘After the date that
is 6 months after the date of the enactment of this section,
the Secretary’’ and inserting ‘‘The Secretary’’.
(b) LIMITATION ON LIABILITY.—Section 41113(d) is amended
by inserting ‘‘, or in providing information concerning a preliminary
passenger manifest,’’ before ‘‘pursuant to a plan’’.
(c) STATUTORY CONSTRUCTION.—Section 41113 is amended by
adding at the end the following:
‘‘(f ) STATUTORY CONSTRUCTION.—Nothing in this section may
be construed as limiting the actions that an air carrier may take,
or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.’’.
SEC. 403. FOREIGN AIR CARRIER PLANS.

(a) INCLUSION OF NONREVENUE PASSENGERS IN FAMILY ASSISTCOVERAGE.—Section 41313(a)(2) is amended to read as follows:
‘‘(2) PASSENGER.—The term ‘passenger’ has the meaning
given such term by section 1136.’’.
(b) ACCIDENTS FOR WHICH PLAN IS REQUIRED.—Section
41313(b) is amended by striking ‘‘significant’’ and inserting ‘‘major’’.
(c) CONTENTS OF PLANS.—
(1) IN GENERAL.—Section 41313(c) is amended by adding
at the end the following:
‘‘(15) TRAINING OF EMPLOYEES AND AGENTS.—An assurance
that the foreign air carrier will provide adequate training to
the employees and agents of the carrier to meet the needs
of survivors and family members following an accident.
‘‘(16) CONSULTATION ON CARRIER RESPONSE NOT COVERED
BY PLAN.—An assurance that the foreign air carrier, in the
ANCE

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event that the foreign air carrier volunteers assistance to
United States citizens within the United States with respect
to an aircraft accident outside the United States involving
major loss of life, the foreign air carrier will consult with
the Board and the Department of State on the provision of
the assistance.’’.
(2) SUBMISSION OF UPDATED PLANS.—The amendment made
by paragraph (1) shall take effect on the 180th day following
the date of the enactment of this Act. On or before such 180th
day, each foreign air carrier providing foreign air transportation
under chapter 413 of title 49, United States Code, shall submit
to the Secretary and the Chairman of the National Transportation Safety Board an updated plan under section 41313 of
such title that meets the requirements of the amendment made
by paragraph (1).

49 USC 41313
note.

SEC. 404. DEATH ON THE HIGH SEAS.

(a) RIGHT OF ACTION IN COMMERCIAL AVIATION ACCIDENTS.—
The first section of the Act of March 30, 1920 (46 U.S.C. App.
761; popularly known as the ‘‘Death on the High Seas Act’’) is
amended—
(1) by inserting ‘‘(a) subject to subsection (b),’’ before ‘‘whenever’’; and
(2) by adding at the end the following:
‘‘(b) In the case of a commercial aviation accident, whenever
the death of a person shall be caused by wrongful act, neglect,
or default occurring on the high seas 12 nautical miles or closer
to the shore of any State, or the District of Columbia, or the
Territories or dependencies of the United States, this Act shall
not apply and the rules applicable under Federal, State, and other
appropriate law shall apply.’’.
(b) COMPENSATION IN COMMERCIAL AVIATION ACCIDENTS.—
Section 2 of such Act (46 U.S.C. App. 762) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘the recovery’’; and
(2) by adding at the end the following:
‘‘(b)(1) If the death resulted from a commercial aviation accident
occurring on the high seas beyond 12 nautical miles from the
shore of any State, or the District of Columbia, or the Territories
or dependencies of the United States, additional compensation for
nonpecuniary damages for wrongful death of a decedent is recoverable. Punitive damages are not recoverable.
‘‘(2) In this subsection, the term ‘nonpecuniary damages’ means
damages for loss of care, comfort, and companionship.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall apply to any death occurring after July 16, 1996.

46 USC app. 761
note.

TITLE V—SAFETY
SEC. 501. AIRPLANE EMERGENCY LOCATORS.

(a) REQUIREMENT.—Section 44712 is amended—
(1) in subsection (b) by striking ‘‘Subsection (a) of this
section’’ and inserting ‘‘Prior to January 1, 2002, subsection
(a)’’;
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
‘‘(c) NONAPPLICATION BEGINNING ON JANUARY 1, 2002.—

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Deadline.
49 USC 44712
note.

PUBLIC LAW 106–181—APR. 5, 2000

‘‘(1) IN GENERAL.—Subject to paragraph (2), on and after
January 1, 2002, subsection (a) does not apply to—
‘‘(A) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary
of Transportation under subpart II of this part;
‘‘(B) aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from
which the training operations begin;
‘‘(C) aircraft when used in flight operations related
to the design and testing, manufacture, preparation, and
delivery of aircraft;
‘‘(D) aircraft when used in research and development
if the aircraft holds a certificate from the Administrator
of the Federal Aviation Administration to carry out such
research and development;
‘‘(E) aircraft when used in showing compliance with
regulations, crew training, exhibition, air racing, or market
surveys;
‘‘(F) aircraft when used in the aerial application of
a substance for an agricultural purpose;
‘‘(G) aircraft with a maximum payload capacity of more
than 18,000 pounds when used in air transportation; or
‘‘(H) aircraft equipped to carry only one individual.
‘‘(2) DELAY IN IMPLEMENTATION.—The Administrator of the
Federal Aviation Administration may continue to implement
subsection (b) rather than subsection (c) for a period not to
exceed 2 years after January 1, 2002, if the Administrator
finds such action is necessary to promote—
‘‘(A) a safe and orderly transition to the operation
of civil aircraft equipped with an emergency locator; or
‘‘(B) other safety objectives.
‘‘(d) COMPLIANCE.—An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter
that transmits on the 121.5/243 megahertz frequency or the 406
megahertz frequency or with other equipment approved by the
Secretary for meeting the requirement of subsection (a).’’.
(b) REGULATIONS.—The Secretary shall issue regulations to
carry out section 44712(c) of title 49, United States Code, as
amended by this section, not later than January 1, 2001.
SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.

Regulations.
Deadline.

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Section 44716 is amended by adding at the end the following:
‘‘(g) CARGO COLLISION AVOIDANCE SYSTEMS.—
‘‘(1) IN GENERAL.—The Administrator shall require by regulation that, no later than December 31, 2002, collision avoidance
equipment be installed on each cargo aircraft with a maximum
certificated takeoff weight in excess of 15,000 kilograms.
‘‘(2) EXTENSION OF DEADLINE.—The Administrator may
extend the deadline established by paragraph (1) by not more
than 2 years if the Administrator finds that the extension
is needed to promote—
‘‘(A) a safe and orderly transition to the operation
of a fleet of cargo aircraft equipped with collision avoidance
equipment; or
‘‘(B) other safety or public interest objectives.
‘‘(3) COLLISION AVOIDANCE EQUIPMENT DEFINED.—In this
subsection, the term ‘collision avoidance equipment’ means

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114 STAT. 133

equipment that provides protection from mid-air collisions using
technology that provides—
‘‘(A) cockpit-based collision detection and conflict resolution guidance, including display of traffic; and
‘‘(B) a margin of safety of at least the same level
as provided by the collision avoidance system known as
TCAS–II.’’.
SEC. 503. LANDFILLS INTERFERING WITH AIR COMMERCE.

(a) FINDINGS.—Congress finds that—
(1) collisions between aircraft and birds have resulted in
fatal accidents;
(2) bird strikes pose a special danger to smaller aircraft;
(3) landfills near airports pose a potential hazard to aircraft
operating there because they attract birds;
(4) even if the landfill is not located in the approach path
of the airport’s runway, it still poses a hazard because of
the birds’ ability to fly away from the landfill and into the
path of oncoming planes;
(5) while certain mileage limits have the potential to be
arbitrary, keeping landfills at least 6 miles away from an
airport, especially an airport served by small planes, is an
appropriate minimum requirement for aviation safety; and
(6) closure of existing landfills (due to concerns about aviation safety) should be avoided because of the likely disruption
to those who use and depend on such landfills.
(b) LIMITATION ON CONSTRUCTION.—Section 44718(d) is
amended to read as follows:
‘‘(d) LIMITATION ON CONSTRUCTION OF LANDFILLS.—
‘‘(1) IN GENERAL.—No person shall construct or establish
a municipal solid waste landfill (as defined in section 258.2
of title 40, Code of Federal Regulations, as in effect on the
date of the enactment of this subsection) that receives putrescible waste (as defined in section 257.3–8 of such title) within
6 miles of a public airport that has received grants under
chapter 471 and is primarily served by general aviation aircraft
and regularly scheduled flights of aircraft designed for 60 passengers or less unless the State aviation agency of the State
in which the airport is located requests that the Administrator
of the Federal Aviation Administration exempt the landfill from
the application of this subsection and the Administrator determines that such exemption would have no adverse impact on
aviation safety.
‘‘(2) LIMITATION ON APPLICABILITY.—Paragraph (1) shall not
apply in the State of Alaska and shall not apply to the construction, establishment, expansion, or modification of, or to any
other activity undertaken with respect to, a municipal solid
waste landfill if the construction or establishment of the landfill
was commenced on or before the date of the enactment of
this subsection.’’.
(c) CIVIL PENALTY FOR VIOLATIONS OF LIMITATION ON
CONSTRUCTION OF LANDFILLS.—Section 46301(a)(3) is amended—
(1) in subparagraph (A) by striking ‘‘or’’ at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:

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‘‘(C) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;’’.

SEC. 504. LIFE-LIMITED AIRCRAFT PARTS.

(a) IN GENERAL.—Chapter 447 is amended by adding at the
end the following:
‘‘§ 44725. Life-limited aircraft parts
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to require
the safe disposition of life-limited parts removed from an aircraft.
The rulemaking proceeding shall ensure that the disposition deter
installation on an aircraft of a life-limited part that has reached
or exceeded its life limits.
‘‘(b) SAFE DISPOSITION.—For the purposes of this section, safe
disposition includes any of the following methods:
‘‘(1) The part may be segregated under circumstances that
preclude its installation on an aircraft.
‘‘(2) The part may be permanently marked to indicate its
used life status.
‘‘(3) The part may be destroyed in any manner calculated
to prevent reinstallation in an aircraft.
‘‘(4) The part may be marked, if practicable, to include
the recordation of hours, cycles, or other airworthiness information. If the parts are marked with cycles or hours of usage,
that information must be updated every time the part is
removed from service or when the part is retired from service.
‘‘(5) Any other method approved by the Administrator.
‘‘(c) DEADLINES.—In conducting the rulemaking proceeding
under subsection (a), the Administrator shall—
‘‘(1) not later than 180 days after the date of the enactment
of this section, issue a notice of proposed rulemaking; and
‘‘(2) not later than 180 days after the close of the comment
period on the proposed rule, issue a final rule.
‘‘(d) PRIOR-REMOVED LIFE-LIMITED PARTS.—No rule issued
under subsection (a) shall require the marking of parts removed
from aircraft before the effective date of the rules issued under
subsection (a), nor shall any such rule forbid the installation of
an otherwise airworthy life-limited part.’’.
(b) CIVIL PENALTY.—Section 46301(a)(3) (as amended by section
503(c) of this Act) is further amended by adding at the end the
following:
‘‘(D) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or’’.
(c) CONFORMING AMENDMENT.—The analysis for chapter 447
is amended by adding at the end the following:
‘‘44725. Life-limited aircraft parts.’’.
SEC. 505. COUNTERFEIT AIRCRAFT PARTS.

(a) DENIAL; REVOCATION; AMENDMENT OF CERTIFICATE.—
(1) IN GENERAL.—Chapter 447 is further amended by
adding at the end the following:
‘‘§ 44726. Denial and revocation of certificate for counterfeit
parts violations
‘‘(a) DENIAL OF CERTIFICATE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2)
of this subsection and subsection (e)(2), the Administrator of

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the Federal Aviation Administration may not issue a certificate
under this chapter to any person—
‘‘(A) convicted in a court of law of a violation of a
law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material; or
‘‘(B) subject to a controlling or ownership interest of
an individual convicted of such a violation.
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the
Administrator may issue a certificate under this chapter to
a person described in paragraph (1) if issuance of the certificate
will facilitate law enforcement efforts.
‘‘(b) REVOCATION OF CERTIFICATE.—
‘‘(1) IN GENERAL.—Except as provided in subsections (f )
and (g), the Administrator shall issue an order revoking a
certificate issued under this chapter if the Administrator finds
that the holder of the certificate or an individual who has
a controlling or ownership interest in the holder—
‘‘(A) was convicted in a court of law of a violation
of a law of the United States relating to the installation,
production, repair, or sale of a counterfeit or fraudulentlyrepresented aviation part or material; or
‘‘(B) knowingly, and with the intent to defraud, carried
out or facilitated an activity punishable under a law
described in paragraph (1)(A).
‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.—In carrying out
paragraph (1), the Administrator may not review whether a
person violated a law described in paragraph (1)(A).
‘‘(c) NOTICE REQUIREMENT.—Before the Administrator revokes
a certificate under subsection (b), the Administrator shall—
‘‘(1) advise the holder of the certificate of the reason for
the revocation; and
‘‘(2) provide the holder of the certificate an opportunity
to be heard on why the certificate should not be revoked.
‘‘(d) APPEAL.—The provisions of section 44710(d) apply to the
appeal of a revocation order under subsection (b). For the purpose
of applying that section to the appeal, ‘person’ shall be substituted
for ‘individual’ each place it appears.
‘‘(e) ACQUITTAL OR REVERSAL.—
‘‘(1) IN GENERAL.—The Administrator may not revoke, and
the National Transportation Safety Board may not affirm a
revocation of, a certificate under subsection (b)(1)(B) if the
holder of the certificate or the individual referred to in subsection (b)(1) is acquitted of all charges directly related to
the violation.
‘‘(2) REISSUANCE.—The Administrator may reissue a certificate revoked under subsection (b) of this section to the former
holder if—
‘‘(A) the former holder otherwise satisfies the requirements of this chapter for the certificate; and
‘‘(B)(i) the former holder or the individual referred
to in subsection (b)(1), is acquitted of all charges related
to the violation on which the revocation was based; or
‘‘(ii) the conviction of the former holder or such individual of the violation on which the revocation was based
is reversed.

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‘‘(f ) WAIVER.—The Administrator may waive revocation of a
certificate under subsection (b) if—
‘‘(1) a law enforcement official of the United States Government requests a waiver; and
‘‘(2) the waiver will facilitate law enforcement efforts.
‘‘(g) AMENDMENT OF CERTIFICATE.—If the holder of a certificate
issued under this chapter is other than an individual and the
Administrator finds that—
‘‘(1) an individual who had a controlling or ownership
interest in the holder committed a violation of a law for the
violation of which a certificate may be revoked under this
section or knowingly, and with intent to defraud, carried out
or facilitated an activity punishable under such a law; and
‘‘(2) the holder satisfies the requirements for the certificate
without regard to that individual,
then the Administrator may amend the certificate to impose a
limitation that the certificate will not be valid if that individual
has a controlling or ownership interest in the holder. A decision
by the Administrator under this subsection is not reviewable by
the Board.’’.
(2) CONFORMING AMENDMENT.—The analysis for such
chapter is further amended by adding at the end the following:
‘‘44726. Denial and revocation of certificate for counterfeit parts violations.’’.

(b) PROHIBITION ON EMPLOYMENT.—Section 44711 is amended
by adding at the end the following:
‘‘(c) PROHIBITION ON EMPLOYMENT OF CONVICTED COUNTERFEIT
PART TRAFFICKERS.—No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the
installation of a part into a civil aircraft, who has been convicted
in a court of law of a violation of any Federal law relating to
the installation, production, repair, or sale of a counterfeit or
fraudulently-represented aviation part or material.’’.
Aircraft Safety
Act of 2000.

SEC. 506. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE
VEHICLE PARTS IN INTERSTATE OR FOREIGN COMMERCE.

18 USC 31 note.

(a) SHORT TITLE.—This section may be cited as the ‘‘Aircraft
Safety Act of 2000’’.
(b) DEFINITIONS.—Section 31 of title 18, United States Code,
is amended by striking all after the section heading and inserting
the following:
‘‘(a) DEFINITIONS.—In this chapter, the following definitions
apply:
‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a civil, military,
or public contrivance invented, used, or designed to navigate,
fly, or travel in the air.
‘‘(2) AVIATION QUALITY.—The term ‘aviation quality’, with
respect to a part of an aircraft or space vehicle, means the
quality of having been manufactured, constructed, produced,
maintained, repaired, overhauled, rebuilt, reconditioned, or
restored in conformity with applicable standards specified by
law (including applicable regulations).
‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘destructive substance’ means an explosive substance, flammable material,
infernal machine, or other chemical, mechanical, or radioactive

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device or matter of a combustible, contaminative, corrosive,
or explosive nature.
‘‘(4) IN FLIGHT.—The term ‘in flight’ means—
‘‘(A) any time from the moment at which all the
external doors of an aircraft are closed following embarkation until the moment when any such door is opened
for disembarkation; and
‘‘(B) in the case of a forced landing, until competent
authorities take over the responsibility for the aircraft and
the persons and property on board.
‘‘(5) IN SERVICE.—The term ‘in service’ means—
‘‘(A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew
for a specific flight until 24 hours after any landing; and
‘‘(B) in any event includes the entire period during
which the aircraft is in flight.
‘‘(6) MOTOR VEHICLE.—The term ‘motor vehicle’ means
every description of carriage or other contrivance propelled
or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers,
passengers and property, or property or cargo.
‘‘(7) PART.—The term ‘part’ means a frame, assembly,
component, appliance, engine, propeller, material, part, spare
part, piece, section, or related integral or auxiliary equipment.
‘‘(8) SPACE VEHICLE.—The term ‘space vehicle’ means a
man-made device, either manned or unmanned, designed for
operation beyond the Earth’s atmosphere.
‘‘(9) STATE.—The term ‘State’ means a State of the United
States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
‘‘(10) USED FOR COMMERCIAL PURPOSES.—The term ‘used
for commercial purposes’ means the carriage of persons or
property for any fare, fee, rate, charge or other consideration,
or directly or indirectly in connection with any business, or
other undertaking intended for profit.
‘‘(b) TERMS DEFINED IN OTHER LAW.—In this chapter, the terms
‘aircraft engine’, ‘air navigation facility’, ‘appliance’, ‘civil aircraft’,
‘foreign air commerce’, ‘interstate air commerce’, ‘landing area’,
‘overseas air commerce’, ‘propeller’, ‘spare part’, and ‘special aircraft
jurisdiction of the United States’ have the meanings given those
terms in sections 40102(a) and 46501 of title 49.’’.
(c) FRAUD.—
(1) IN GENERAL.—Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce
‘‘(a) OFFENSES.—Whoever, in or affecting interstate or foreign
commerce, knowingly and with the intent to defraud—
‘‘(1)(A) falsifies or conceals a material fact concerning any
aircraft or space vehicle part;
‘‘(B) makes any materially fraudulent representation concerning any aircraft or space vehicle part; or
‘‘(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or electronic
communication concerning any aircraft or space vehicle part;

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PUBLIC LAW 106–181—APR. 5, 2000

‘‘(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means
of a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
‘‘(3) attempts or conspires to commit an offense described
in paragraph (1) or (2),
shall be punished as provided in subsection (b).
‘‘(b) PENALTIES.—The punishment for an offense under subsection (a) is as follows:
‘‘(1) AVIATION QUALITY.—If the offense relates to the aviation quality of a part and the part is installed in an aircraft
or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both.
‘‘(2) FAILURE TO OPERATE AS REPRESENTED.—If, by reason
of the failure of the part to operate as represented, the part
to which the offense is related is the proximate cause of a
malfunction or failure that results in serious bodily injury
(as defined in section 1365), a fine of not more than $1,000,000,
imprisonment for not more than 20 years, or both.
‘‘(3) FAILURE RESULTING IN DEATH.—If, by reason of the
failure of the part to operate as represented, the part to which
the offense is related is the proximate cause of a malfunction
or failure that results in the death of any person, a fine of
not more than $1,000,000, imprisonment for any term of years
or life, or both.
‘‘(4) OTHER CIRCUMSTANCES.—In the case of an offense
under subsection (a) not described in paragraph (1), (2), or
(3) of this subsection, a fine under this title, imprisonment
for not more than 10 years, or both.
‘‘(5) ORGANIZATIONS.—If the offense is committed by an
organization, a fine of not more than—
‘‘(A) $10,000,000 in the case of an offense described
in paragraph (1) or (4); and
‘‘(B) $20,000,000 in the case of an offense described
in paragraph (2) or (3).
‘‘(c) CIVIL REMEDIES.—
‘‘(1) IN GENERAL.—The district courts of the United States
shall have jurisdiction to prevent and restrain violations of
this section by issuing appropriate orders, including—
‘‘(A) ordering a person (convicted of an offense under
this section) to divest any interest, direct or indirect, in
any enterprise used to commit or facilitate the commission
of the offense, or to destroy, or to mutilate and sell as
scrap, aircraft material or part inventories or stocks;
‘‘(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as
used to commit the offense; and
‘‘(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
‘‘(2) RESTRAINING ORDERS AND PROHIBITION.—Pending final
determination of a proceeding brought under this section, the
court may enter such restraining orders or prohibitions, or

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take such other actions (including the acceptance of satisfactory
performance bonds) as the court deems proper.
‘‘(3) ESTOPPEL.—A final judgment rendered in favor of the
United States in any criminal proceeding brought under this
section shall stop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil proceeding brought by the United States.
‘‘(d) CRIMINAL FORFEITURE.—
‘‘(1) IN GENERAL.—The court, in imposing sentence on any
person convicted of an offense under this section, shall order,
in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States—
‘‘(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly,
as a result of the offense; and
‘‘(B) any property used, or intended to be used in
any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so determines,
taking into consideration the nature, scope, and proportionality of the use of the property on the offense.
‘‘(2) APPLICATION OF OTHER LAW.—The forfeiture of property
under this section, including any seizure and disposition of
the property, and any proceedings relating to the property,
shall be governed by section 413 of the Comprehensive Drug
Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including
subsection (d) of that section).
‘‘(e) CONSTRUCTION WITH OTHER LAW.—This section does not
preempt or displace any other remedy, civil or criminal, provided
by Federal or State law for the fraudulent importation, sale, trade,
installation, or introduction into commerce of an aircraft or space
vehicle part.
‘‘(f ) TERRITORIAL SCOPE.—This section also applies to conduct
occurring outside the United States if—
‘‘(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an organization organized under the laws of the United States or political
subdivision thereof;
‘‘(2) the aircraft or spacecraft part as to which the violation
relates was installed in an aircraft or space vehicle owned
or operated at the time of the offense by a citizen or permanent
resident alien of the United States, or by an organization
thereof; or
‘‘(3) an act in furtherance of the offense was committed
in the United States.’’.
(2) CONFORMING AMENDMENTS.—
(A) CHAPTER ANALYSIS.—The analysis for chapter 2
of title 18, United States Code, is amended by adding
at the end the following:
‘‘38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.’’.

(B) WIRE AND ELECTRONIC COMMUNICATIONS.—Section
2516(1)(c) of title 18, United States Code, is amended by
inserting ‘‘section 38 (relating to aircraft parts fraud),’’
after ‘‘section 32 (relating to destruction of aircraft or aircraft facilities),’’.

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PUBLIC LAW 106–181—APR. 5, 2000

SEC. 507. TRANSPORTING OF HAZARDOUS MATERIAL.

Section 46312 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A person’’;
and
(2) by adding at the end the following:
‘‘(b) KNOWLEDGE OF REGULATIONS.—For purposes of subsection
(a), knowledge by the person of the existence of a regulation or
requirement related to the transportation of hazardous material
prescribed by the Secretary under this part is not an element
of an offense under this section but shall be considered in mitigation
of the penalty.’’.
SEC. 508. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

(a) FLEXIBILITY TO PERFORM CRIMINAL HISTORY RECORD
CHECKS.—Section 44936(a)(1)(C) is amended—
(1) in clause (iii) by striking ‘‘or’’;
(2) in clause (iv) by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(v) the Administrator decides it is necessary to ensure
air transportation security with respect to passenger, baggage,
or property screening at airports.’’.
(b) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Section
44936(f ) is amended—
(1) in paragraph (1)(B) by inserting ‘‘(except a branch of
the United States Armed Forces, the National Guard, or a
reserve component of the United States Armed Forces)’’ after
‘‘person’’ the first place it appears;
(2) in paragraph (1)(B)(ii) by striking ‘‘individual’’ the first
place it appears and inserting ‘‘individual’s performance as
a pilot’’;
(3) in paragraph (5) by striking the period at the end
of the first sentence and inserting ‘‘; except that, for purposes
of paragraph (15), the Administrator may allow an individual
designated by the Administrator to accept and maintain written
consent on behalf of the Administrator for records requested
under paragraph (1)(A).’’;
(4) in paragraph (13)—
(A) by striking ‘‘may’’ and inserting ‘‘shall’’; and
(B) before the semicolon in subparagraph (A)(i) insert
‘‘and disseminated under paragraph (15)’’;
(5) in paragraph (14)(B) by inserting ‘‘or from a foreign
government or entity that employed the individual’’ after
‘‘exists’’; and
(6) by adding at the end the following:
‘‘(15) ELECTRONIC ACCESS TO FAA RECORDS.—For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the
Administrator may allow, under terms established by the
Administrator, an individual designated by the air carrier to
have electronic access to a specified database containing
information about such records. The terms shall limit such
access to instances in which information in the database is
required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the
designated individual provide assurances satisfactory to the
Administrator that information obtained using such access will

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114 STAT. 141

not be used for any purpose other than making the hiring
decision.’’.
SEC. 509. CRIMINAL PENALTY FOR PILOTS OPERATING IN AIR
TRANSPORTATION WITHOUT AN AIRMAN’S CERTIFICATE.

(a) IN GENERAL.—Chapter 463 is amended by adding at the
end the following:
‘‘§ 46317. Criminal penalty for pilots operating in air
transportation without an airman’s certificate
‘‘(a) GENERAL CRIMINAL PENALTY.—An individual shall be fined
under title 18 or imprisoned for not more than 3 years, or both,
if that individual—
‘‘(1) knowingly and willfully serves or attempts to serve
in any capacity as an airman operating an aircraft in air
transportation without an airman’s certificate authorizing the
individual to serve in that capacity; or
‘‘(2) knowingly and willfully employs for service or uses
in any capacity as an airman to operate an aircraft in air
transportation an individual who does not have an airman’s
certificate authorizing the individual to serve in that capacity.
‘‘(b) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—
‘‘(1) CONTROLLED SUBSTANCES DEFINED.—In this subsection,
the term ‘controlled substance’ has the meaning given that
term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
‘‘(2) CRIMINAL PENALTY.—An individual violating subsection
(a) shall be fined under title 18 or imprisoned for not more
than 5 years, or both, if the violation is related to transporting
a controlled substance by aircraft or aiding or facilitating a
controlled substance violation and that transporting, aiding,
or facilitating—
‘‘(A) is punishable by death or imprisonment of more
than 1 year under a Federal or State law; or
‘‘(B) is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State
law related to a controlled substance (except a law related
to simple possession (as that term is used in section
46306(c)) of a controlled substance).
‘‘(3) TERMS OF IMPRISONMENT.—A term of imprisonment
imposed under paragraph (2) shall be served in addition to,
and not concurrently with, any other term of imprisonment
imposed on the individual subject to the imprisonment.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 463
is amended by adding at the end the following:
‘‘46317. Criminal penalty for pilots operating in air transportation without an airman’s certificate.’’.
SEC. 510. FLIGHT OPERATIONS QUALITY ASSURANCE RULES.

Not later than 60 days after the date of the enactment of
this Act, the Administrator shall issue a notice of proposed rulemaking to develop procedures to protect air carriers and their
employees from enforcement actions for violations of title 14, Code
of Federal Regulations, (other than criminal or deliberate acts)
that are reported or discovered as a result of voluntary reporting
programs, such as the Flight Operations Quality Assurance Program and the Aviation Safety Action Program.

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114 STAT. 142

PUBLIC LAW 106–181—APR. 5, 2000

SEC. 511. PENALTIES FOR UNRULY PASSENGERS.

(a) IN GENERAL.—Chapter 463 (as amended by section 509
of this Act) is further amended by adding at the end the following:
‘‘§ 46318. Interference with cabin or flight crew
‘‘(a) GENERAL RULE.—An individual who physically assaults
or threatens to physically assault a member of the flight crew
or cabin crew of a civil aircraft or any other individual on the
aircraft, or takes any action that poses an imminent threat to
the safety of the aircraft or other individuals on the aircraft is
liable to the United States Government for a civil penalty of not
more than $25,000.
‘‘(b) COMPROMISE AND SETOFF.—
‘‘(1) COMPROMISE.—The Secretary may compromise the
amount of a civil penalty imposed under this section.
‘‘(2) SETOFF.—The United States Government may deduct
the amount of a civil penalty imposed or compromised under
this section from amounts the Government owes the person
liable for the penalty.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 463
is further amended by adding at the end the following:
‘‘46318. Interference with cabin or flight crew.’’.
49 USC 44903
note.

SEC. 512. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT
OFFICERS.

(a) DEFINITIONS.—In this section, the following definitions
apply:
(1) AIRCRAFT.—The term ‘‘aircraft’’ has the meaning given
that term in section 40102 of title 49, United States Code.
(2) AIR TRANSPORTATION.—The term ‘‘air transportation’’
has the meaning given that term in such section.
(3) PROGRAM.—The term ‘‘program’’ means the program
established under subsection (b)(1)(A).
(b) ESTABLISHMENT OF A PROGRAM TO DEPUTIZE LOCAL LAW
ENFORCEMENT OFFICERS.—
(1) IN GENERAL.—The Attorney General may—
(A) establish a program under which the Attorney General may deputize State and local law enforcement officers
having jurisdiction over airports and airport authorities
as Deputy United States Marshals for the limited purpose
of enforcing Federal laws that regulate security on board
aircraft, including laws relating to violent, abusive, or
disruptive behavior by passengers in air transportation;
and
(B) encourage the participation of law enforcement officers of State and local governments in the program.
(2) CONSULTATION.—In establishing the program, the
Attorney General shall consult with appropriate officials of—
(A) the United States Government (including the
Administrator or a designated representative of the
Administrator); and
(B) State and local governments in any geographic
area in which the program may operate.
(3) TRAINING AND BACKGROUND OF LAW ENFORCEMENT
OFFICERS.—

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(A) IN GENERAL.—Under the program, to qualify to
serve as a Deputy United States Marshal under the program, a State or local law enforcement officer shall—
(i) meet the minimum background and training
requirements for a law enforcement officer under part
107 of title 14, Code of Federal Regulations (or equivalent requirements established by the Attorney General); and
(ii) receive approval to participate in the program
from the State or local law enforcement agency that
is the employer of that law enforcement officer.
(B) TRAINING NOT FEDERAL RESPONSIBILITY.—The
United States Government shall not be responsible for
providing to a State or local law enforcement officer the
training required to meet the training requirements under
subparagraph (A)(i). Nothing in this subsection may be
construed to grant any such law enforcement officer the
right to attend any institution of the United States Government established to provide training to law enforcement
officers of the United States Government.
(c) POWERS AND STATUS OF DEPUTIZED LAW ENFORCEMENT
OFFICERS.—
(1) IN GENERAL.—Subject to paragraph (2), a State or local
law enforcement officer that is deputized as a Deputy United
States Marshal under the program may arrest and apprehend
an individual suspected of violating any Federal law described
in subsection (b)(1)(A), including any individual who violates
a provision subject to a civil penalty under section 46301 of
title 49, United States Code, or section 46302, 46303, 46318,
46504, 46505, or 46507 of that title, or who commits an act
described in section 46506 of that title.
(2) LIMITATION.—The powers granted to a State or local
law enforcement officer deputized under the program shall
be limited to enforcing Federal laws relating to security on
board aircraft in flight.
(3) STATUS.—A State or local law enforcement officer that
is deputized as a Deputy United States Marshal under the
program shall not—
(A) be considered to be an employee of the United
States Government; or
(B) receive compensation from the United States
Government by reason of service as a Deputy United States
Marshal under the program.
(d) STATUTORY CONSTRUCTION.—Nothing in this section may
be construed to—
(1) grant a State or local law enforcement officer that
is deputized under the program the power to enforce any Federal law that is not described in subsection (c); or
(2) limit the authority that a State or local law enforcement
officer may otherwise exercise in the officer’s capacity under
any other applicable State or Federal law.
(e) REGULATIONS.—The Attorney General may promulgate such
regulations as may be necessary to carry out this section.
(f ) NOTIFICATION OF CONGRESS.—Not later than 90 days after
the date of the enactment of this Act, the Attorney General shall
notify the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science,

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PUBLIC LAW 106–181—APR. 5, 2000

and Transportation of the Senate on whether or not the Attorney
General intends to establish the program authorized by this section.
Deadlines.

SEC. 513. AIR TRANSPORTATION OVERSIGHT SYSTEM.

(a) REPORT.—Not later than August 1, 2000, the Administrator
shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the
progress of the Federal Aviation Administration in implementing
the air transportation oversight system, including in detail the
training of inspectors under the system, the number of inspectors
using the system, air carriers subject to the system, and the budget
for the system.
(b) REQUIRED CONTENTS.—At a minimum, the report shall
indicate—
(1) any funding or staffing constraints that would adversely
impact the Administration’s ability to continue to develop and
implement the air transportation oversight system;
(2) progress in integrating the aviation safety data derived
from such system’s inspections with existing aviation data of
the Administration in the safety performance analysis system
of the Administration; and
(3) the Administration’s efforts in collaboration with the
aviation industry to develop and validate safety performance
measures and appropriate risk weightings for such system.
(c) UPDATE.—Not later than August 1, 2002, the Administrator
shall update the report submitted under this section and transmit
the updated report to the committees referred to in subsection
(a).
SEC. 514. RUNWAY SAFETY AREAS.

Deadline.

49 USC 47106
note.

49 USC 47106
note.

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(a) ELIGIBILITY.—Section 47102(3)(B) (as amended by section
122 of this Act) is further amended by adding at the end the
following:
‘‘(ix) engineered materials arresting systems as
described in the Advisory Circular No. 150/5220–22
published by the Federal Aviation Administration on
August 21, 1998, including any revision to the circular.’’.
(b) SOLICITATION OF COMMENTS.—Not later than 6 months after
the date of the enactment of this Act, the Administrator shall
solicit comments on the need for the improvement of runway safety
areas through the use of engineered materials arresting systems,
longer runways, and such other techniques as the Administrator
considers appropriate.
(c) GRANTS FOR ENGINEERED MATERIALS ARRESTING SYSTEMS.—
In making grants under section 47104 of title 49, United States
Code, for engineered materials arresting systems, the Secretary
shall require the sponsor to demonstrate that the effects of jet
blasts have been adequately considered.
(d) GRANTS FOR RUNWAY REHABILITATION.—In any case in
which an airport’s runways are constrained by physical conditions,
the Secretary shall consider alternative means for ensuring runway
safety (other than a safety overrun area) when prescribing conditions for grants for runway rehabilitation.

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SEC. 515. PRECISION APPROACH PATH INDICATORS.

Deadline.

Not later than 6 months after the date of the enactment of
this Act, the Administrator shall solicit comments on the need
for the installation of precision approach path indicators.
SEC. 516. AIRCRAFT DISPATCHERS.

(a) STUDY.—The Administrator shall conduct a study of the
role of aircraft dispatchers in enhancing aviation safety.
(b) CONTENTS.—The study shall include an assessment of
whether or not aircraft dispatchers should be required for those
operations not presently requiring aircraft dispatcher assistance,
operational control issues related to the aircraft dispatching functions, and whether or not designation of positions within the Federal
Aviation Administration for oversight of dispatchers would enhance
aviation safety.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress
a report on the results of the study conducted under this section.
SEC. 517. IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT
MECHANICS.

49 USC 44505
note.

Deadline.

49 USC 44515
note.

The Administrator shall form a partnership with industry and
labor to develop a model program to improve the curricula, teaching
methods, and quality of instructors for training individuals that
need certification as airframe and powerplant mechanics.
SEC. 518. SMALL AIRPORT CERTIFICATION.

Not later than 60 days after the date of the enactment of
this Act, the Administrator shall issue a notice of proposed rulemaking on implementing section 44706(a)(2) of title 49, United
States Code, relating to issuance of airport operating certificates
for small scheduled passenger air carrier operations. Not later
than 1 year after the last day of the period for public comment
provided for in the notice of proposed rulemaking, the Administrator
shall issue a final rule on implementing such program.

49 USC 44706
note.
Deadlines.

Regulations.

SEC. 519. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY
INFORMATION.

(a) GENERAL RULE.—Chapter 421 is amended by adding at
the end the following:
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION
PROGRAM
‘‘§ 42121. Protection of employees providing air safety
information
‘‘(a) DISCRIMINATION AGAINST AIRLINE EMPLOYEES.—No air carrier or contractor or subcontractor of an air carrier may discharge
an employee or otherwise discriminate against an employee with
respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to
a request of the employee)—
‘‘(1) provided, caused to be provided, or is about to provide
(with any knowledge of the employer) or cause to be provided
to the employer or Federal Government information relating
to any violation or alleged violation of any order, regulation,
or standard of the Federal Aviation Administration or any

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Deadline.

Deadlines.

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PUBLIC LAW 106–181—APR. 5, 2000
other provision of Federal law relating to air carrier safety
under this subtitle or any other law of the United States;
‘‘(2) has filed, caused to be filed, or is about to file (with
any knowledge of the employer) or cause to be filed a proceeding
relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or
any other provision of Federal law relating to air carrier safety
under this subtitle or any other law of the United States;
‘‘(3) testified or is about to testify in such a proceeding;
or
‘‘(4) assisted or participated or is about to assist or participate in such a proceeding.
‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCEDURE.—
‘‘(1) FILING AND NOTIFICATION.—A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) may, not
later than 90 days after the date on which such violation
occurs, file (or have any person file on his or her behalf)
a complaint with the Secretary of Labor alleging such discharge
or discrimination. Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person named
in the complaint and the Administrator of the Federal Aviation
Administration of the filing of the complaint, of the allegations
contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date of receipt of a complaint filed under paragraph (1)
and after affording the person named in the complaint
an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet
with a representative of the Secretary to present statements from witnesses, the Secretary of Labor shall conduct
an investigation and determine whether there is reasonable
cause to believe that the complaint has merit and notify,
in writing, the complainant and the person alleged to have
committed a violation of subsection (a) of the Secretary’s
findings. If the Secretary of Labor concludes that there
is a reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany
the Secretary’s findings with a preliminary order providing
the relief prescribed by paragraph (3)(B). Not later than
30 days after the date of notification of findings under
this paragraph, either the person alleged to have committed
the violation or the complainant may file objections to
the findings or preliminary order, or both, and request
a hearing on the record. The filing of such objections shall
not operate to stay any reinstatement remedy contained
in the preliminary order. Such hearings shall be conducted
expeditiously. If a hearing is not requested in such 30day period, the preliminary order shall be deemed a final
order that is not subject to judicial review.
‘‘(B) REQUIREMENTS.—
‘‘(i) REQUIRED SHOWING BY COMPLAINANT.—The
Secretary of Labor shall dismiss a complaint filed

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under this subsection and shall not conduct an investigation otherwise required under subparagraph (A)
unless the complainant makes a prima facie showing
that any behavior described in paragraphs (1) through
(4) of subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the complaint.
‘‘(ii) SHOWING BY EMPLOYER.—Notwithstanding a
finding by the Secretary that the complainant has
made the showing required under clause (i), no investigation otherwise required under subparagraph (A)
shall be conducted if the employer demonstrates, by
clear and convincing evidence, that the employer would
have taken the same unfavorable personnel action in
the absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINATION BY SECRETARY.—The Secretary may determine that a violation
of subsection (a) has occurred only if the complainant
demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged
in the complaint.
‘‘(iv) PROHIBITION.—Relief may not be ordered
under subparagraph (A) if the employer demonstrates
by clear and convincing evidence that the employer
would have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary of
Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At
any time before issuance of a final order, a proceeding
under this subsection may be terminated on the basis
of a settlement agreement entered into by the Secretary
of Labor, the complainant, and the person alleged to have
committed the violation.
‘‘(B) REMEDY.—If, in response to a complaint filed
under paragraph (1), the Secretary of Labor determines
that a violation of subsection (a) has occurred, the Secretary
of Labor shall order the person who committed such violation to—
‘‘(i) take affirmative action to abate the violation;
‘‘(ii) reinstate the complainant to his or her former
position together with the compensation (including
back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
‘‘(iii) provide compensatory damages to the
complainant.
If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall
assess against the person against whom the order is issued
a sum equal to the aggregate amount of all costs and
expenses (including attorneys’ and expert witness fees)
reasonably incurred, as determined by the Secretary of
Labor, by the complainant for, or in connection with, the
bringing the complaint upon which the order was issued.

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Deadline.

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‘‘(C) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor
finds that a complaint under paragraph (1) is frivolous
or has been brought in bad faith, the Secretary of Labor
may award to the prevailing employer a reasonable attorney’s fee not exceeding $1,000.
‘‘(4) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—Any person
adversely affected or aggrieved by an order issued under
paragraph (3) may obtain review of the order in the United
States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly
occurred or the circuit in which the complainant resided
on the date of such violation. The petition for review must
be filed not later than 60 days after the date of the issuance
of the final order of the Secretary of Labor. Review shall
conform to chapter 7 of title 5, United States Code. The
commencement of proceedings under this subparagraph
shall not, unless ordered by the court, operate as a stay
of the order.
‘‘(B) LIMITATION ON COLLATERAL ATTACK.—An order
of the Secretary of Labor with respect to which review
could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or other
civil proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR.—
Whenever any person has failed to comply with an order issued
under paragraph (3), the Secretary of Labor may file a civil
action in the United States district court for the district in
which the violation was found to occur to enforce such order.
In actions brought under this paragraph, the district courts
shall have jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A person on whose
behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such
order was issued to require compliance with such order.
The appropriate United States district court shall have
jurisdiction, without regard to the amount in controversy
or the citizenship of the parties, to enforce such order.
‘‘(B) ATTORNEY FEES.—The court, in issuing any final
order under this paragraph, may award costs of litigation
(including reasonable attorney and expert witness fees)
to any party whenever the court determines such award
is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28, United States Code.
‘‘(d)
NONAPPLICABILITY
TO
DELIBERATE
VIOLATIONS.—
Subsection (a) shall not apply with respect to an employee of an
air carrier, contractor, or subcontractor who, acting without direction from such air carrier, contractor, or subcontractor (or such
person’s agent), deliberately causes a violation of any requirement
relating to air carrier safety under this subtitle or any other law
of the United States.

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‘‘(e) CONTRACTOR DEFINED.—In this section, the term ‘contractor’ means a company that performs safety-sensitive functions
by contract for an air carrier.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 421
is amended by adding at the end the following:
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.

(c) CIVIL PENALTY.—Section 46301(a)(1)(A) is amended by
striking ‘‘subchapter II of chapter 421’’ and inserting ‘‘subchapter
II or III of chapter 421’’.
SEC. 520. OCCUPATIONAL INJURIES OF AIRPORT WORKERS.

(a) STUDY.—The Administrator shall conduct a study to determine the number of persons working at airports who are injured
or killed as a result of being struck by a moving vehicle while
on an airport tarmac, the seriousness of the injuries to such persons,
and whether or not reflective safety vests or other actions should
be required to enhance the safety of such workers.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress
a report on the results of the study conducted under this section.

49 USC 44505
note.

Deadline.

TITLE VI—TRANSFER OF
AERONAUTICAL CHARTING ACTIVITY
SEC. 601. TRANSFER OF FUNCTIONS, POWERS, AND DUTIES.

Effective October 1, 2000, there are transferred to the Federal
Aviation Administration and vested in the Administrator the functions, powers, and duties of the Secretary of Commerce and other
officers of the Department of Commerce that relate to the Office
of Aeronautical Charting and Cartography and are set forth in
section 44721 of title 49, United States Code.
SEC. 602. TRANSFER OF OFFICE, PERSONNEL, AND FUNDS.

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

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note.
Effective date.

49 USC 44721
note.
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SEC. 603. AMENDMENT OF TITLE 49, UNITED STATES CODE.

(a) IN GENERAL.—Section 44721 is amended to read as follows:

Effective date.

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‘‘§ 44721. Aeronautical charts and related products and services
‘‘(a) PUBLICATION.—
‘‘(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and charts necessary for the safe and efficient
movement of aircraft in air navigation, using the facilities
and assistance of departments, agencies, and instrumentalities
of the United States Government as far as practicable.
‘‘(2) NAVIGATION ROUTES.—In carrying out paragraph (1),
the Administrator shall update and arrange for the publication
of clearly defined routes for navigating through a complex terminal airspace area and to and from an airport located in
such an area, if the Administrator decides that publication
of the routes would promote safety in air navigation. The routes
shall be developed in consultation with pilots and other users
of affected airports and shall be for the optional use of pilots
operating under visual flight rules.
‘‘(b) INDEMNIFICATION.—The Government shall make an agreement to indemnify any person that publishes a map or chart for
use in aeronautics from any part of a claim arising out of the
depiction by the person on the map or chart of a defective or
deficient flight procedure or airway if the flight procedure or airway
was—
‘‘(1) prescribed by the Administrator;
‘‘(2) depicted accurately on the map or chart; and
‘‘(3) not obviously defective or deficient.
‘‘(c) AUTHORITY OF OFFICE OF AERONAUTICAL CHARTING AND
CARTOGRAPHY.—Effective October 1, 2000, the Administrator is
vested with and shall exercise the functions, powers, and duties
of the Secretary of Commerce and other officers of the Department
of Commerce that relate to the Office of Aeronautical Charting
and Cartography to provide aeronautical charts and related products and services for the safe and efficient navigation of air commerce, under the following authorities:
‘‘(1) Sections 1 through 9 of the Act entitled ‘An Act to
define the functions and duties of the Coast and Geodetic
Survey, and for other purposes’, approved August 6, 1947,
(33 U.S.C. 883a–883h).
‘‘(2) Section 6082 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (33 U.S.C. 883j).
‘‘(3) Section 1307 of title 44, United States Code.
‘‘(4) The provision of title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1995 under the heading ‘National Oceanic
and Atmospheric Administration’ relating to aeronautical charts
(44 U.S.C. 1307 note).
‘‘(d) AUTHORITY.—In order that full public benefit may be
derived from the dissemination of data resulting from activities
under this section and of related data from other sources, the
Administrator may—
‘‘(1) develop, process, disseminate and publish digital and
analog data, information, compilations, and reports;

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‘‘(2) compile, print, and disseminate aeronautical charts
and related products and services of the United States and
its territories and possessions;
‘‘(3) compile, print, and disseminate aeronautical charts
and related products and services covering international airspace as are required primarily by United States civil aviation;
and
‘‘(4) compile, print, and disseminate nonaeronautical
navigational, transportation or public-safety-related products
and services when in the best interests of the Government.
‘‘(e) CONTRACTS, COOPERATIVE AGREEMENTS, GRANTS, AND
OTHER AGREEMENTS.—
‘‘(1) CONTRACTS.—The Administrator is authorized to contract with qualified organizations for the performance of any
part of the authorized functions of the Office of Aeronautical
Charting and Cartography when the Administrator deems such
procedure to be in the public interest and will not compromise
public safety.
‘‘(2) COOPERATIVE AGREEMENTS, GRANTS, AND OTHER AGREEMENTS.—The Administrator is authorized to enter into cooperative agreements, grants, reimbursable agreements, memoranda
of understanding and other agreements, with a State, subdivision of a State, Federal agency, public or private organization,
or individual, to carry out the purposes of this section.
‘‘(f ) SPECIAL SERVICES AND PRODUCTS.—
‘‘(1) IN GENERAL.—The Administrator is authorized, at the
request of a State, subdivision of a State, Federal agency,
public or private organization, or individual, to conduct special
services, including making special studies, or developing special
publications or products on matters relating to navigation,
transportation, or public safety.
‘‘(2) FEES.—The Administrator shall assess a fee for any
special service provided under paragraph (1). A fee shall be
not more than the actual or estimated full cost of the service.
A fee may be reduced or waived for research organizations,
educational organizations, or non-profit organizations, when
the Administrator determines that reduction or waiver of the
fee is in the best interest of the Government by furthering
public safety.
‘‘(g) SALE AND DISSEMINATION OF AERONAUTICAL PRODUCTS.—
‘‘(1) IN GENERAL.—Aeronautical products created or maintained under the authority of this section shall be sold at
prices established annually by the Administrator consistent
with the following:
‘‘(A) MAXIMUM PRICE.—Subject to subparagraph (B),
the price of an aeronautical product sold to the public
shall be not more than necessary to recover all costs attributable to: (i) data base management and processing; (ii)
compilation; (iii) printing or other types of reproduction;
and (iv) dissemination of the product.
‘‘(B) ADJUSTMENT OF PRICE.—The Administrator shall
adjust the price of an aeronautical product and service
sold to the public as necessary to avoid any adverse impact
on aviation safety attributable to the price specified under
this paragraph.
‘‘(C) COSTS ATTRIBUTABLE TO ACQUISITION OF AERONAUTICAL DATA.—A price established under this paragraph

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may not include costs attributable to the acquisition of
aeronautical data.
‘‘(2) PUBLICATION OF PRICES.—The Administrator shall publish annually the prices at which aeronautical products are
sold to the public.
‘‘(3) DISTRIBUTION.—The Administrator may distribute
aeronautical products and provide aeronautical services—
‘‘(A) without charge to each foreign government or
international organization with which the Administrator
or a Federal department or agency has an agreement for
exchange of these products or services without cost;
‘‘(B) at prices the Administrator establishes, to the
departments and officers of the United States requiring
them for official use; and
‘‘(C) at reduced or no charge where, in the judgment
of the Administrator, furnishing the aeronautical product
or service to a recipient is a reasonable exchange for voluntary contribution of information by the recipient to the
activities under this section.
‘‘(4) FEES.—The fees provided for in this subsection are
for the purpose of reimbursing the Government for the costs
of creating, printing and disseminating aeronautical products
and services under this section. The collection of fees authorized
by this section does not alter or expand any duty or liability
of the Government under existing law for the performance
of functions for which fees are collected, nor does the collection
of fees constitute an express or implied undertaking by the
Government to perform any activity in a certain manner.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis of chapter
447 is amended by striking the item relating to section 44721
and inserting the following:
‘‘44721. Aeronautical charts and related products and services.’’.
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SEC. 604. SAVINGS PROVISION.

(a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—All orders,
determinations, rules, regulations, permits, contracts, certificates,
licenses, privileges, and financial assistance that—
(1) have been issued, made, granted, or allowed to become
effective by the President of the United States, the Secretary
of Commerce, the Administrator of the National Oceanic and
Atmospheric Administration, any Federal agency or official
thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred by this title; and
(2) are in effect on the date of transfer,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President of the United States, the Administrator of
the Federal Aviation Administration, a court of competent jurisdiction, or by operation of law.
(b) CONTINUED EFFECTIVENESS OF PENDING ACTIONS.—
(1) IN GENERAL.—The provisions of this title shall not affect
any proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or financial
assistance pending on the date of transfer before the Department of Commerce or the National Oceanic and Atmospheric
Administration, or any officer of such Department or Administration, with respect to functions transferred by this title, but

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such proceedings or applications, to the extent that they relate
to functions transferred, shall be continued in accord with
transition guidelines promulgated by the Administrator of the
Federal Aviation Administration under the authority of this
section. Orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or revoked
by the Administrator of the Federal Aviation Administration,
by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this title had not been
enacted.
(2) TRANSITION GUIDELINES.—The Secretary of Commerce,
the Administrator of the National Oceanic and Atmospheric
Administration, and the Administrator of the Federal Aviation
Administration are authorized to issue transition guidelines
providing for the orderly transfer of proceedings and otherwise
to accomplish the orderly transfer of functions, personnel and
property under this title.
(c) CONTINUED EFFECTIVENESS OF JUDICIAL ACTIONS.—No cause
of action by or against the Department of Commerce or the National
Oceanic and Atmospheric Administration with respect to functions
transferred by this title, or by or against any officer thereof in
the official’s capacity, shall abate by reason of the enactment of
this title. Causes of action and actions with respect to a function
or office transferred by this title, or other proceedings may be
asserted by or against the United States or an official of the Federal
Aviation Administration, as may be appropriate, and, in an action
pending when this title takes effect, the court may at any time,
on its own motion or that of any party, enter an order that will
give effect to the provisions of this subsection.
(d) SUBSTITUTION OR ADDITION OF PARTIES TO JUDICIAL
ACTIONS.—If, on the date of transfer, the Department of Commerce
or the National Oceanic and Atmospheric Administration, or any
officer of the Department or Administration in an official capacity,
is a party to an action, and under this title any function relating
to the action of the Department, Administration, or officer is transferred to the Federal Aviation Administration, then such action
shall be continued with the Administrator of the Federal Aviation
Administration substituted or added as a party.
(e) CONTINUED JURISDICTION OVER ACTIONS TRANSFERRED.—
Orders and actions of the Administrator of the Federal Aviation
Administration in the exercise of functions transferred by this title
shall be subject to judicial review to the same extent and in the
same manner as if such orders and actions had been by the Department of Commerce or the National Oceanic and Atmospheric
Administration, or any office or officer of such Department or
Administration, in the exercise of such functions immediately preceding their transfer.
(f ) LIABILITIES AND OBLIGATIONS.—The Administrator of the
Federal Aviation Administration shall assume all liabilities and
obligations (tangible and incorporeal, present and executory) associated with the functions transferred under this title on the date
of transfer, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, financial assistance, and litigation relating to such obligations, regardless

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whether judgment has been entered, damages awarded, or appeal
taken.
SEC. 605. NATIONAL OCEAN SURVEY.

(a) CHARTS AND PUBLICATIONS.—Section 2 of the Act entitled
‘‘An Act to define the functions and duties of the Coast and Geodetic
Survey, and for other purposes’’, approved August 6, 1947 (33
U.S.C. 883b), is amended—
(1) by striking paragraphs (3) and (5), and redesignating
paragraphs (4) and (6) as paragraphs (3) and (4), respectively;
(2) by striking ‘‘charts of the United States, its Territories,
and possessions;’’ in paragraph (3), as redesignated, and
inserting ‘‘charts;’’; and
(3) by striking ‘‘publications for the United States, its Territories, and possessions’’ in paragraph (4), as redesignated, and
inserting ‘‘publications’’.
(b) COOPERATIVE AND OTHER AGREEMENTS.—Section 5(1) of
such Act (33 U.S.C. 883e(1)) is amended—
(1) by striking ‘‘cooperative agreements’’ and inserting
‘‘cooperative agreements, or any other agreements,’’; and
(2) in paragraph (2) by striking ‘‘cooperative’’.
SEC. 606. SALE AND DISTRIBUTION OF NAUTICAL AND AERONAUTICAL
PRODUCTS BY NOAA.

(a) IN GENERAL.—Section 1307 of title 44, United States Code,
is amended—
(1) in the section heading by striking ‘‘and aeronautical’’;
and
(2) by striking ‘‘and aeronautical’’ and ‘‘or aeronautical’’
each place they appear.
(b) PRICES.—Section 1307(a)(2)(B) of such title is amended by
striking ‘‘aviation and’’.
(c) FEES.—Section 1307(d) of such title 44 is amended by
striking ‘‘aeronautical and’’.
(d) CONFORMING AMENDMENT.—The analysis for chapter 13
of title 44, United States Code, is amended in the item relating
to section 1307 by striking ‘‘and aeronautical’’.
49 USC 44721
note.

SEC.

607.

PROCUREMENT OF PRIVATE ENTERPRISE MAPPING,
CHARTING, AND GEOGRAPHIC INFORMATION SYSTEMS.

The Administrator shall consider procuring mapping, charting,
and geographic information systems necessary to carry out the
duties of the Administrator under title 49, United States Code,
from private enterprises, if the Administrator determines that such
procurement furthers the mission of the Federal Aviation Administration and is cost effective.

TITLE VII—MISCELLANEOUS
PROVISIONS
SEC. 701. DUTIES AND POWERS OF ADMINISTRATOR.

Section 106(g)(1)(A) is amended by striking ‘‘40113(a), (c), and
(d),’’ and all that follows through ‘‘45302–45304,’’ and inserting
‘‘40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119,
chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter

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447 (except sections 44717, 44718(a), 44718(b), 44719, 44720,
44721(b), 44722, and 44723), chapter 449 (except sections 44903(d),
44904, 44905, 44907–44911, 44913, 44915, and 44931–44934),
chapter 451, chapter 453, sections’’.
SEC. 702. PUBLIC AIRCRAFT.

(a) DEFINITION OF PUBLIC AIRCRAFT.—Section 40102(a)(37) is
amended to read as follows:
‘‘(37) ‘public aircraft’ means any of the following:
‘‘(A) Except with respect to an aircraft described in
subparagraph (E), an aircraft used only for the United
States Government, except as provided in section 40125(b).
‘‘(B) An aircraft owned by the Government and operated by any person for purposes related to crew training,
equipment development, or demonstration, except as provided in section 40125(b).
‘‘(C) An aircraft owned and operated by the government
of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one
of these governments, except as provided in section
40125(b).
‘‘(D) An aircraft exclusively leased for at least 90
continuous days by the government of a State, the District
of Columbia, or a territory or possession of the United
States or a political subdivision of one of these governments, except as provided in section 40125(b).
‘‘(E) An aircraft owned or operated by the armed forces
or chartered to provide transportation to the armed forces
under the conditions specified by section 40125(c).’’.
(b) QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS.—
(1) IN GENERAL.—Chapter 401 is further amended by
adding at the end the following:
‘‘§ 40125. Qualifications for public aircraft status
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COMMERCIAL PURPOSES.—The term ‘commercial purposes’ means the transportation of persons or property for
compensation or hire, but does not include the operation of
an aircraft by the armed forces for reimbursement when that
reimbursement is required by any Federal statute, regulation,
or directive, in effect on November 1, 1999, or by one government on behalf of another government under a cost reimbursement agreement if the government on whose behalf the operation is conducted certifies to the Administrator of the Federal
Aviation Administration that the operation is necessary to
respond to a significant and imminent threat to life or property
(including natural resources) and that no service by a private
operator is reasonably available to meet the threat.
‘‘(2) GOVERNMENTAL FUNCTION.—The term ‘governmental
function’ means an activity undertaken by a government, such
as national defense, intelligence missions, firefighting, search
and rescue, law enforcement (including transport of prisoners,
detainees, and illegal aliens), aeronautical research, or
biological or geological resource management.

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‘‘(3) QUALIFIED NON-CREWMEMBER.—The term ‘qualified
non-crewmember’ means an individual, other than a member
of the crew, aboard an aircraft—
‘‘(A) operated by the armed forces or an intelligence
agency of the United States Government; or
‘‘(B) whose presence is required to perform, or is associated with the performance of, a governmental function.
‘‘(4) ARMED FORCES.—The term ‘armed forces’ has the
meaning given such term by section 101 of title 10.
‘‘(b) AIRCRAFT OWNED BY GOVERNMENTS.—An aircraft described
in subparagraph (A), (B), (C), or (D) of section 40102(a)(37) does
not qualify as a public aircraft under such section when the aircraft
is used for commercial purposes or to carry an individual other
than a crewmember or a qualified non-crewmember.
‘‘(c) AIRCRAFT OWNED OR OPERATED BY THE ARMED FORCES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), an aircraft
described in section 40102(a)(37)(E) qualifies as a public aircraft
if—
‘‘(A) the aircraft is operated in accordance with title
10;
‘‘(B) the aircraft is operated in the performance of
a governmental function under title 14, 31, 32, or 50 and
the aircraft is not used for commercial purposes; or
‘‘(C) the aircraft is chartered to provide transportation
to the armed forces and the Secretary of Defense (or the
Secretary of the department in which the Coast Guard
is operating) designates the operation of the aircraft as
being required in the national interest.
‘‘(2) LIMITATION.—An aircraft that meets the criteria set
forth in paragraph (1) and that is owned or operated by the
National Guard of a State, the District of Columbia, or any
territory or possession of the United States, qualifies as a
public aircraft only to the extent that it is operated under
the direct control of the Department of Defense.’’.
(2) CONFORMING AMENDMENT.—The analysis for chapter
401 is amended by adding at the end the following:
‘‘40125. Qualifications for public aircraft status.’’.

(c) SAFETY OF PUBLIC AIRCRAFT.—
(1) STUDY.—The National Transportation Safety Board
shall conduct a study to compare the safety of public aircraft
and civil aircraft. In conducting the study, the Board shall
review safety statistics on aircraft operations since 1993.
(2) REPORT.—Not later than 6 months after the date of
the enactment of this Act, the National Transportation Safety
Board shall transmit to Congress a report containing the results
of the study conducted under paragraph (1).

Deadline.

SEC. 703. PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.

Federal Register,
publication.

VerDate 18-APR-2000

Section 40110 (as amended by section 307(b) of this Act) is
further amended by adding at the end the following:
‘‘(e) PROHIBITION ON RELEASE OF OFFEROR PROPOSALS.—
‘‘(1) GENERAL RULE.—Except as provided in paragraph (2),
a proposal in the possession or control of the Administrator
may not be made available to any person under section 552
of title 5.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any portion of a proposal of an offeror the disclosure of which is

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114 STAT. 157

authorized by the Administrator pursuant to procedures published in the Federal Register. The Administrator shall provide
an opportunity for public comment on the procedures for a
period of not less than 30 days beginning on the date of such
publication in order to receive and consider the views of all
interested parties on the procedures. The procedures shall not
take effect before the 60th day following the date of such
publication.
‘‘(3) PROPOSAL DEFINED.—In this subsection, the term ‘proposal’ means information contained in or originating from any
proposal, including a technical, management, or cost proposal,
submitted by an offeror in response to the requirements of
a solicitation for a competitive proposal.’’.
SEC. 704. FAA EVALUATION OF LONG-TERM CAPITAL LEASING.

(a) IN GENERAL.—The Administrator may carry out a pilot
program in fiscal years 2001 through 2003 to test and evaluate
the benefits of long-term contracts for the leasing of aviation equipment and facilities.
(b) PERIOD OF CONTRACTS.—Notwithstanding any other provision of law, the Administrator may enter into a contract under
the program to lease aviation equipment or facilities for a period
of greater than 5 years.
(c) NUMBER OF CONTRACTS.—The Administrator may not enter
into more that 10 contracts under the program.
(d) TYPES OF CONTRACTS.—The contracts to be evaluated under
the program may include contracts for telecommunication services
that are provided through the use of a satellite, requirements
related to oceanic and air traffic control, air-to-ground radio communications, and air traffic control tower construction.

49 USC 40110
note.

SEC. 705. SEVERABLE SERVICES CONTRACTS FOR PERIODS CROSSING
FISCAL YEARS.

(a) IN GENERAL.—Chapter 401 (as amended by section 702(b)
of this Act) is further amended by adding at the end the following:
‘‘§ 40126. Severable services contracts for periods crossing
fiscal years
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration may enter into a contract for procurement of severable services for a period that begins in 1 fiscal year and ends
in the next fiscal year if (without regard to any option to extend
the period of the contract) the contract period does not exceed
1 year.
‘‘(b) OBLIGATION OF FUNDS.—Funds made available for a fiscal
year may be obligated for the total amount of a contract entered
into under the authority of subsection (a).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 401
is amended by adding at the end the following:
‘‘40126. Severable services contracts for periods crossing fiscal years.’’.
SEC. 706. PROHIBITIONS ON DISCRIMINATION.

(a) IN GENERAL.—Chapter 401 (as amended by section 705
of this Act) is further amended by adding at the end the following:
‘‘§ 40127. Prohibitions on discrimination
‘‘(a) PERSONS IN AIR TRANSPORTATION.—An air carrier or foreign
air carrier may not subject a person in air transportation to

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PUBLIC LAW 106–181—APR. 5, 2000

discrimination on the basis of race, color, national origin, religion,
sex, or ancestry.
‘‘(b) USE OF PRIVATE AIRPORTS.—Notwithstanding any other
provision of law, no State or local government may prohibit the
use or full enjoyment of a private airport within its jurisdiction
by any person on the basis of that person’s race, color, national
origin, religion, sex, or ancestry.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 401
is further amended by adding at the end the following:
‘‘40127. Prohibitions on discrimination.’’.
SEC. 707. DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS.

Deadline.

49 USC 41705
note.

VerDate 18-APR-2000

(a) IN GENERAL.—Section 41705 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In providing’’;
(2) by striking ‘‘carrier’’ and inserting ‘‘carrier, including
(subject to section 40105(b)) any foreign air carrier,’’; and
(3) by adding at the end the following:
‘‘(b) EACH ACT CONSTITUTES SEPARATE OFFENSE.—For purposes
of section 46301(a)(3)(E), a separate violation occurs under this
section for each individual act of discrimination prohibited by subsection (a).
‘‘(c) INVESTIGATION OF COMPLAINTS.—
‘‘(1) IN GENERAL.—The Secretary shall investigate each
complaint of a violation of subsection (a).
‘‘(2) PUBLICATION OF DATA.—The Secretary shall publish
disability-related complaint data in a manner comparable to
other consumer complaint data.
‘‘(3) REVIEW AND REPORT.—The Secretary shall regularly
review all complaints received by air carriers alleging discrimination on the basis of disability and shall report annually
to Congress on the results of such review.
‘‘(4) TECHNICAL ASSISTANCE.—Not later than 180 days after
the date of the enactment of this subsection, the Secretary
shall—
‘‘(A) implement a plan, in consultation with the Department of Justice, the United States Architectural and
Transportation Barriers Compliance Board, and the
National Council on Disability, to provide technical assistance to air carriers and individuals with disabilities in
understanding the rights and responsibilities set forth in
this section; and
‘‘(B) ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this section.’’.
(b) CIVIL PENALTY.—Section 46301(a)(3) (as amended by section
504(b) of this Act) is further amended by adding at the end the
following:
‘‘(E) a violation of section 41705, relating to discrimination
against handicapped individuals.’’.
(c) ESTABLISHMENT OF HIGHER INTERNATIONAL STANDARDS.—
The Secretary shall work with appropriate international organizations and the aviation authorities of other nations to bring about
the establishment of higher standards for accommodating handicapped passengers in air transportation, particularly with respect
to foreign air carriers that code-share with air carriers.

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114 STAT. 159

SEC. 708. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

(a) IN GENERAL.—Section 41706 is amended to read as follows:
‘‘§ 41706. Prohibitions against smoking on scheduled flights
‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND INTERSTATE AIR
TRANSPORTATION.—An individual may not smoke in an aircraft
in scheduled passenger interstate air transportation or scheduled
passenger intrastate air transportation.
‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANSPORTATION.—
The Secretary of Transportation shall require all air carriers and
foreign air carriers to prohibit smoking in any aircraft in scheduled
passenger foreign air transportation.
‘‘(c) LIMITATION ON APPLICABILITY.—
‘‘(1) IN GENERAL.—If a foreign government objects to the
application of subsection (b) on the basis that subsection (b)
provides for an extraterritorial application of the laws of the
United States, the Secretary shall waive the application of
subsection (b) to a foreign air carrier licensed by that foreign
government at such time as an alternative prohibition negotiated under paragraph (2) becomes effective and is enforced
by the Secretary.
‘‘(2) ALTERNATIVE PROHIBITION.—If, pursuant to paragraph
(1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter into bilateral negotiations
with the objecting foreign government to provide for an alternative smoking prohibition.
‘‘(d) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry out this section.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date that is 60 days after the date of
the enactment of this Act.

49 USC 41706
note.

SEC. 709. JOINT VENTURE AGREEMENT.

Section 41720, as redesignated by section 231(b)(1) of this Act,
is amended by striking ‘‘an agreement entered into by a major
air carrier’’ and inserting ‘‘an agreement between two or more
major air carriers’’.
SEC. 710. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS
DURING AIR TRANSPORT.

(a) IN GENERAL.—Subchapter I of chapter 417 (as amended
by section 231(b) of this Act) is further amended by adding at
the end the following:
‘‘§ 41721. Reports by carriers on incidents involving animals
during air transport
‘‘(a) IN GENERAL.—An air carrier that provides scheduled passenger air transportation shall submit monthly to the Secretary
a report on any incidents involving the loss, injury, or death of
an animal (as defined by the Secretary of Transportation) during
air transport provided by the air carrier. The report shall be in
such form and contain such information as the Secretary determines
appropriate.
‘‘(b) TRAINING OF AIR CARRIER EMPLOYEES.—The Secretary
shall work with air carriers to improve the training of employees
with respect to the air transport of animals and the notification
of passengers of the conditions under which the air transport of
animals is conducted.

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PUBLIC LAW 106–181—APR. 5, 2000

‘‘(c) SHARING OF INFORMATION.—The Secretary and the Secretary of Agriculture shall enter into a memorandum of understanding to ensure the sharing of information that the Secretary
receives under subsection (a).
‘‘(d) PUBLICATION OF DATA.—The Secretary shall publish data
on incidents and complaints involving the loss, injury, or death
of an animal during air transport in a manner comparable to
other consumer complaint and incident data.
‘‘(e) AIR TRANSPORT.—For purposes of this section, the air transport of an animal includes the entire period during which an animal
is in the custody of an air carrier, from check-in of the animal
prior to departure until the animal is returned to the owner or
guardian of the animal at the final destination of the animal.’’.
(b) CONFORMING AMENDMENT.—The analysis for such subchapter is further amended by adding at the end the following:
‘‘41721. Reports by carriers on incidents involving animals during air transportation.’’.
SEC. 711. EXTENSION OF WAR RISK INSURANCE PROGRAM.

Section 44310 is amended by striking ‘‘after’’ and all that follows
and inserting ‘‘after December 31, 2003.’’.
SEC. 712. GENERAL FACILITIES AND PERSONNEL AUTHORITY.

Section 44502(a) is amended by adding at the end the following:
‘‘(5) IMPROVEMENTS ON LEASED PROPERTIES.—The Administrator may make improvements to real property leased for
no or nominal consideration for an air navigation facility,
regardless of whether the cost of making the improvements
exceeds the cost of leasing the real property, if—
‘‘(A) the improvements primarily benefit the Government;
‘‘(B) the improvements are essential for accomplishment of the mission of the Federal Aviation Administration;
and
‘‘(C) the interest of the United States Government in
the improvements is protected.’’.
SEC. 713. HUMAN FACTORS PROGRAM.

(a) IN GENERAL.—Chapter 445 is amended by adding at the
end the following:
‘‘§ 44516. Human factors program
‘‘(a) HUMAN FACTORS TRAINING.—
‘‘(1) AIR TRAFFIC CONTROLLERS.—The Administrator of the
Federal Aviation Administration shall—
‘‘(A) address the problems and concerns raised by the
National Research Council in its report ‘The Future of
Air Traffic Control’ on air traffic control automation; and
‘‘(B) respond to the recommendations made by the
National Research Council.
‘‘(2) PILOTS AND FLIGHT CREWS.—The Administrator shall
work with representatives of the aviation industry and appropriate aviation programs associated with universities to develop
specific training curricula to address critical safety problems,
including problems of pilots—
‘‘(A) in recovering from loss of control of an aircraft,
including handling unusual attitudes and mechanical malfunctions;

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114 STAT. 161

‘‘(B) in deviating from standard operating procedures,
including inappropriate responses to emergencies and hazardous weather;
‘‘(C) in awareness of altitude and location relative to
terrain to prevent controlled flight into terrain; and
‘‘(D) in landing and approaches, including nonprecision
approaches and go-around procedures.
‘‘(b) TEST PROGRAM.—The Administrator shall establish a test
program in cooperation with air carriers to use model Jeppesen
approach plates or other similar tools to improve precision-like
landing approaches for aircraft.
‘‘(c) REPORT.—Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the Administration’s efforts to encourage the adoption and implementation of
advanced qualification programs for air carriers under this section.
‘‘(d) ADVANCED QUALIFICATION PROGRAM DEFINED.—In this section, the term ‘advanced qualification program’ means an alternative method for qualifying, training, certifying, and ensuring
the competency of flight crews and other commercial aviation operations personnel subject to the training and evaluation requirements of parts 121 and 135 of title 14, Code of Federal Regulations.’’.
(b) AUTOMATION AND ASSOCIATED TRAINING.—Not later than
12 months after the date of the enactment of this Act, the Administrator shall complete updating training practices for flight deck
automation and associated training requirements.
(c) CONFORMING AMENDMENT.—The analysis for chapter 445
is further amended by adding at the end the following:

Deadline.

Deadline.

‘‘44516. Human factors program.’’.
SEC. 714. IMPLEMENTATION OF ARTICLE 83 BIS OF THE CHICAGO
CONVENTION.

Section 44701 is amended by—
(1) redesignating subsection (e) as subsection (f ); and
(2) by inserting after subsection (d) the following:
‘‘(e) BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—Notwithstanding the provisions of this
chapter, the Administrator, pursuant to Article 83 bis of the
Convention on International Civil Aviation and by a bilateral
agreement with the aeronautical authorities of another country,
may exchange with that country all or part of their respective
functions and duties with respect to registered aircraft under
the following articles of the Convention: Article 12 (Rules of
the Air); Article 31 (Certificates of Airworthiness); or Article
32a (Licenses of Personnel).
‘‘(2) RELINQUISHMENT AND ACCEPTANCE OF RESPONSIBILITY.—The Administrator relinquishes responsibility with
respect to the functions and duties transferred by the Administrator as specified in the bilateral agreement, under the Articles
listed in paragraph (1) for United States-registered aircraft
described in paragraph (4)(A) transferred abroad and accepts
responsibility with respect to the functions and duties under
those Articles for aircraft registered abroad and described in
paragraph (4)(B) that are transferred to the United States.

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114 STAT. 162

PUBLIC LAW 106–181—APR. 5, 2000
‘‘(3) CONDITIONS.—The Administrator may predicate, in the
agreement, the transfer of functions and duties under this
subsection on any conditions the Administrator deems necessary and prudent, except that the Administrator may not
transfer responsibilities for United States registered aircraft
described in paragraph (4)(A) to a country that the Administrator determines is not in compliance with its obligations
under international law for the safety oversight of civil aviation.
‘‘(4) REGISTERED AIRCRAFT DEFINED.—In this subsection,
the term ‘registered aircraft’ means—
‘‘(A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or
interchange of the aircraft or any similar arrangement
by an operator that has its principal place of business
or, if it has no such place of business, its permanent residence in another country; and
‘‘(B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an
operator that has its principal place of business or, if
it has no such place of business, its permanent residence
in the United States.’’.

SEC. 715. PUBLIC AVAILABILITY OF AIRMEN RECORDS.

Section 44703 is amended—
(1) by redesignating subsections (c) through (f ) as subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) PUBLIC INFORMATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, the information contained
in the records of contents of any airman certificate issued
under this section that is limited to an airman’s name, address,
and ratings held shall be made available to the public after
the 120th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century.
‘‘(2) OPPORTUNITY TO WITHHOLD INFORMATION.—Before
making any information concerning an airman available to
the public under paragraph (1), the airman shall be given
an opportunity to elect that the information not be made available to the public.
‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF PROGRAM.—
Not later than 60 days after the date of the enactment of
the Wendell H. Ford Aviation Investment and Reform Act for
the 21st Century, the Administrator shall develop and implement, in cooperation with representatives of the aviation
industry, a one-time written notification to airmen to set forth
the implications of making information concerning an airman
available to the public under paragraph (1) and to carry out
paragraph (2). The Administrator shall also provide such written notification to each individual who becomes an airman
after such date of enactment.’’.

Deadline.
Notification.

SEC. 716. REVIEW PROCESS FOR EMERGENCY ORDERS.

Section 44709(e) is amended to read as follows:
‘‘(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—

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114 STAT. 163

‘‘(1) IN GENERAL.—When a person files an appeal with
the Board under subsection (d), the order of the Administrator
is stayed.
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the order
of the Administrator is effective immediately if the Administrator advises the Board that an emergency exists and safety
in air commerce or air transportation requires the order to
be effective immediately.
‘‘(3) REVIEW OF EMERGENCY ORDER.—A person affected by
the immediate effectiveness of the Administrator’s order under
paragraph (2) may petition for a review by the Board, under
procedures promulgated by the Board, of the Administrator’s
determination that an emergency exists. Any such review shall
be requested not later than 48 hours after the order is received
by the person. If the Board finds that an emergency does
not exist that requires the immediate application of the order
in the interest of safety in air commerce or air transportation,
the order shall be stayed, notwithstanding paragraph (2). The
Board shall dispose of a review request under this paragraph
not later than 5 days after the date on which the request
is filed.
‘‘(4) FINAL DISPOSITION.—The Board shall make a final
disposition of an appeal under subsection (d) not later than
60 days after the date on which the appeal is filed.’’.

Deadlines.

Deadline.

SEC. 717. GOVERNMENT AND INDUSTRY CONSORTIA.

Section 44903 is amended by adding at the end the following:
‘‘(f ) GOVERNMENT AND INDUSTRY CONSORTIA.—The Administrator may establish at airports such consortia of government and
aviation industry representatives as the Administrator may designate to provide advice on matters related to aviation security
and safety. Such consortia shall not be considered Federal advisory
committees for purposes of the Federal Advisory Committee Act
(5 U.S.C. App.).’’.
SEC. 718. PASSENGER MANIFEST.

Section 44909(a)(2) is amended by striking ‘‘shall’’ and inserting
‘‘should’’.
SEC. 719. COST RECOVERY FOR FOREIGN AVIATION SERVICES.

Section 45301 is amended—
(1) by striking subsection (a)(2) and inserting the following:
‘‘(2) Services (other than air traffic control services) provided to a foreign government or services provided to any
entity obtaining services outside the United States, except that
the Administrator shall not impose fees in any manner for
production-certification related service performed outside the
United States pertaining to aeronautical products manufactured outside the United States.’’; and
(2) by adding at the end the following:
‘‘(d) PRODUCTION-CERTIFICATION RELATED SERVICE DEFINED.—
In this section, the term ‘production-certification related service’
has the meaning given that term in appendix C of part 187 of
title 14, Code of Federal Regulations.’’.
SEC. 720. TECHNICAL CORRECTIONS TO CIVIL PENALTY PROVISIONS.

Section 46301 is amended—
(1) in subsection (a)(1)(A) by striking ‘‘46302, 46303, or’’;

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PUBLIC LAW 106–181—APR. 5, 2000
(2) in subsection (d)(7)(A) by striking ‘‘an individual’’ the
first place it appears and inserting ‘‘a person’’; and
(3) in subsection (g) by inserting ‘‘or the Administrator’’
after ‘‘Secretary’’.

SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.
49 USC 47528
and note.

Deadline.

VerDate 18-APR-2000

(a) REPEAL.—Section 231 of H.R. 3425 of the 106th Congress,
as enacted into law by section 1000(a)(5) of Public Law 106–113,
is repealed and the provisions of law amended by such section
shall be read as if such section had not been enacted into law.
(b) EXEMPTION FOR AIRCRAFT MODIFICATION OR DISPOSAL,
SCHEDULED HEAVY MAINTENANCE, OR LEASING-RELATED FLIGHTS.—
Section 47528 is amended—
(1) in subsection (a) by striking ‘‘subsection (b)’’ and
inserting ‘‘subsection (b) or (f )’’;
(2) in subsection (e) by adding at the end the following:
‘‘(4) An air carrier operating stage 2 aircraft under this subsection may transport stage 2 aircraft to or from the 48 contiguous
States on a nonrevenue basis in order—
‘‘(A) to perform maintenance (including major alterations)
or preventative maintenance on aircraft operated, or to be
operated, within the limitations of paragraph (2)(B); or
‘‘(B) conduct operations within the limitations of paragraph
(2)(B).’’; and
(3) by adding at the end the following:
‘‘(f ) AIRCRAFT MODIFICATION, DISPOSAL, SCHEDULED HEAVY
MAINTENANCE, OR LEASING.—
‘‘(1) IN GENERAL.—The Secretary shall permit a person
to operate after December 31, 1999, a stage 2 aircraft in nonrevenue service through the airspace of the United States or
to or from an airport in the contiguous 48 States in order
to—
‘‘(A) sell, lease, or use the aircraft outside the contiguous 48 States;
‘‘(B) scrap the aircraft;
‘‘(C) obtain modifications to the aircraft to meet stage
3 noise levels;
‘‘(D) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility
located in the contiguous 48 States;
‘‘(E) deliver the aircraft to an operator leasing the
aircraft from the owner or return the aircraft to the lessor;
‘‘(F) prepare or park or store the aircraft in anticipation
of any of the activities described in subparagraphs (A)
through (E); or
‘‘(G) divert the aircraft to an alternative airport in
the contiguous 48 States on account of weather, mechanical,
fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities
described in subparagraphs (A) through (F).
‘‘(2) PROCEDURE TO BE PUBLISHED.—Not later than 30
days after the date of the enactment of this subsection, the
Secretary shall establish and publish a procedure to implement
paragraph (1) through the use of categorical waivers, ferry
permits, or other means.
‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this section may
be construed as interfering with, nullifying, or otherwise affecting

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114 STAT. 165

determinations made by the Federal Aviation Administration, or
to be made by the Administration with respect to applications
under part 161 of title 14, Code of Federal Regulations, that were
pending on November 1, 1999.’’.
(c) NOISE STANDARDS FOR EXPERIMENTAL AIRCRAFT.—
(1) IN GENERAL.—Section 47528(a) is amended by inserting
‘‘(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)’’ after
‘‘civil subsonic turbojet’’.
(2) REGULATIONS.—Regulations contained in title 14, Code
of Federal Regulations, that implement section 47528 of title
49, United States Code, and related provisions shall be deemed
to incorporate the amendment made by paragraph (1) on the
date of the enactment of this Act.
(d) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH STAGE 3
NOISE LEVELS.—Section 47528(b)(1) is amended—
(1) in the first sentence by inserting ‘‘or foreign air carrier’’
after ‘‘air carrier’’; and
(2) by inserting after ‘‘January 1, 1999,’’ the following:
‘‘or, in the case of a foreign air carrier, the 15th day following
the date of the enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century’’.

49 USC 47528
note.

SEC. 722. LAND USE COMPLIANCE REPORT.

Section 47131 is amended—
(1) by inserting ‘‘(a) GENERAL RULE.—’’ before ‘‘Not later’’;
(2) by striking ‘‘and’’ at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4)
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5) a detailed statement listing airports that the Secretary
believes are not in compliance with grant assurances or other
requirements with respect to airport lands and including the
circumstances of such noncompliance, the timelines for corrective action, and the corrective action the Secretary intends
to take to bring the airport sponsor into compliance.
‘‘(b) SPECIAL RULE FOR LISTING NONCOMPLIANT AIRPORTS.—
The Secretary does not have to conduct an audit or make a final
determination before including an airport on the list referred to
in subsection (a)(5).’’.
SEC. 723. CHARTER AIRLINES.

Section 41104 is amended—
(1) by redesignating subsections (b) and (c) as (c) and
(d), respectively; and
(2) by inserting after subsection (a) the following:
‘‘(b) SCHEDULED OPERATIONS.—
‘‘(1) IN GENERAL.—An air carrier, including an indirect
air carrier, which operates aircraft designed for more than
nine passenger seats, may not provide regularly scheduled
charter air transportation for which the general public is provided in advance a schedule containing the departure location,
departure time, and arrival location of the flights to or from
an airport that is not located in Alaska and that does not
have an operating certificate issued under part 139 of title
14, Code of Federal Regulations (or any subsequent similar
regulations).

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PUBLIC LAW 106–181—APR. 5, 2000
‘‘(2) DEFINITION.—In this paragraph, the term ‘regularly
scheduled charter air transportation’ does not include operations for which the departure time, departure location, and
arrival location are specifically negotiated with the customer
or the customer’s representative.’’.

SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED.

Deadline.

49 USC 40101
note.

(a) STUDY.—The Administrator shall conduct a study of the
appropriateness of allowing an airport that agrees to provide services to the Federal Emergency Management Agency or to a State
or local agency in the event of an emergency a credit of the value
of such services against the airport’s local share under the airport
improvement program.
(b) NOTIFICATION.—The Administrator shall notify nonhub and
general aviation airports that the Administrator is conducting the
study under subsection (a) and give them an opportunity to explain
how the credit described in subsection (a) would benefit such airports.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Administrator shall transmit to Congress
a report on the results of the study conducted under subsection
(a). The report shall identify, at a minimum, the airports that
would be affected by providing the credit described in subsection
(a), explain what sort of emergencies could qualify for such credit,
and explain how the costs would be quantified to determine the
credit against the local share.
SEC. 725. PASSENGER CABIN AIR QUALITY.

(a) STUDY OF AIR QUALITY IN PASSENGER CABINS IN COMMERAIRCRAFT.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Administrator shall arrange
for and provide necessary data to the National Academy of
Sciences to conduct a 12-month, independent study of air
quality in passenger cabins of aircraft used in air transportation
and foreign air transportation, including the collection of new
data, in coordination with the Federal Aviation Administration,
to identify contaminants in the aircraft air and develop recommendations for means of reducing such contaminants.
(2) ALTERNATIVE AIR SUPPLY.—The study should examine
whether contaminants would be reduced by the replacement
of engine and auxiliary power unit bleed air with an alternative
supply of air for the aircraft passengers and crew.
(3) SCOPE.—The study shall include an assessment and
quantitative analysis of each of the following:
(A) Contaminants of concern, as determined by the
National Academy of Sciences.
(B) The systems of air supply on aircraft, including
the identification of means by which contaminants may
enter such systems.
(C) The toxicological and health effects of the contaminants of concern, their byproducts, and the products of
their degradation.
(D) Any contaminant used in the maintenance, operation, or treatment of aircraft, if a passenger or a member
of the air crew may be directly exposed to the contaminant.
(E) Actual measurements of the contaminants of concern in the air of passenger cabins during actual flights

CIAL

Deadline.

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114 STAT. 167

in air transportation or foreign air transportation, along
with comparisons of such measurements to actual measurements taken in public buildings.
(4) PROVISION OF CURRENT DATA.—The Administrator shall
collect all data of the Federal Aviation Administration that
is relevant to the study and make the data available to the
National Academy of Sciences in order to complete the study.
(b) COLLECTION OF AIRCRAFT AIR QUALITY DATA.—
(1) IN GENERAL.—The Administrator may consider the feasibility of using the flight data recording system on aircraft
to monitor and record appropriate data related to air inflow
quality, including measurements of the exposure of persons
aboard the aircraft to contaminants during normal aircraft
operation and during incidents involving air quality problems.
(2) PASSENGER CABINS.—The Administrator may also consider the feasibility of using the flight data recording system
to monitor and record data related to the air quality in passengers cabins of aircraft.
SEC. 726. STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO
REDUCE NOISE LEVELS.

(a) DEVELOPMENT OF NEW STANDARDS.—The Secretary shall
continue to work to develop through the International Civil Aviation
Organization new performance standards for aircraft and aircraft
engines that will lead to a further reduction in aircraft noise levels.
(b) GOALS TO BE CONSIDERED IN DEVELOPING NEW STANDARDS.—In negotiating standards under subsection (a), the Secretary
shall give high priority to developing standards that—
(1) are performance based and can be achieved by use
of a full range of certifiable noise reduction technologies;
(2) protect the useful economic value of existing Stage
3 aircraft in the United States fleet;
(3) ensure that United States air carriers and aircraft
engine and hushkit manufacturers are not competitively disadvantaged;
(4) use dynamic economic modeling capable of determining
impacts on all aircraft in service in the United States fleet;
and
(5) continue the use of a balanced approach to address
aircraft environmental issues, taking into account aircraft technology, land use planning, economic feasibility, and airspace
operational improvements.
(c) ANNUAL REPORT.—Not later than July 1, 2000, and annually
thereafter, the Secretary shall transmit to Congress a report
regarding the application of new standards or technologies to reduce
aircraft noise levels.
SEC. 727. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEMONSTRATION PROJECT.

49 USC 47508
note.

Deadline.

Deadline.
New Mexico.

Not later than 18 months after the date of the enactment
of this Act, the Administrator shall work with the Taos Pueblo
to study the feasibility of conducting a demonstration project to
require all aircraft that fly over Taos Pueblo and the Blue Lake
Wilderness Area of Taos Pueblo, New Mexico, to maintain a mandatory minimum altitude of at least 5,000 feet above ground level.
In conducting the study, the Administrator shall determine whether
itinerant general aviation aircraft should be exempt from any such
requirement.

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PUBLIC LAW 106–181—APR. 5, 2000

49 USC 44720
note.

SEC. 728. AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

49 USC 44103
note.

SEC. 729. AIRCRAFT SITUATIONAL DISPLAY DATA.

Deadline.

The Administrator shall not terminate human weather
observers for Automated Surface Observation System stations
until—
(1) the Administrator determines that the system provides
consistent reporting of changing meteorological conditions and
notifies Congress in writing of that determination; and
(2) 60 days have passed since the report was transmitted
to Congress.
(a) IN GENERAL.—A memorandum of agreement between the
Administrator and any person that directly obtains aircraft situational display data from the Federal Aviation Administration shall
require that—
(1) the person demonstrate to the satisfaction of the
Administrator that the person is capable of selectively blocking
the display of any aircraft-situation-display-to-industry derived
data related to any identified aircraft registration number;
and
(2) the person agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon the
Administration’s request.
(b) EXISTING MEMORANDA TO BE CONFORMED.—Not later than
30 days after the date of the enactment of this Act, the Administrator shall conform any memoranda of agreement, in effect on
such date of enactment, between the Federal Aviation Administration and a person under which that person obtains aircraft situational display data to incorporate the requirements of subsection
(a).
SEC. 730. ELIMINATION OF BACKLOG OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS.

Deadline.

(a) HIRING OF ADDITIONAL PERSONNEL.—For fiscal year 2001,
the Secretary may hire or contract for such additional personnel
as may be necessary to eliminate the backlog of pending equal
employment opportunity complaints to the Department of Transportation and to ensure that investigations of complaints are completed
not later than 180 days after the date of initiation of the investigation.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,000,000 for fiscal
year 2001.
SEC. 731. GRANT OF EASEMENT, LOS ANGELES, CALIFORNIA.

The Department of Airports of the City of Los Angeles may
grant an easement to the California Department of Transportation
to lands required to provide sufficient right-of-way to facilitate
the construction of the California State Route 138 bypass, as proposed by the California Department of Transportation, if the
Department of Airports can document or provide analysis that
granting the easement will benefit the Department of Airports
or local airport development to an extent equal to the value of
the easement being granted.
49 USC 44701
note.
Effective date.

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SEC. 732. REGULATION OF ALASKA GUIDE PILOTS.

(a) IN GENERAL.—Beginning on the date of the enactment of
this Act, flight operations conducted by Alaska guide pilots shall

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 169

be regulated under the general operating and flight rules contained
in part 91 of title 14, Code of Federal Regulations.
(b) RULEMAKING PROCEEDING.—
(1) IN GENERAL.—The Administrator shall conduct a rulemaking proceeding and issue a final rule to modify the general
operating and flight rules referred to in subsection (a) by establishing special rules applicable to the flight operations conducted by Alaska guide pilots.
(2) CONTENTS OF RULES.—A final rule issued by the
Administrator under paragraph (1) shall require Alaska guide
pilots—
(A) to operate aircraft inspected no less often than
after 125 hours of flight time;
(B) to participate in an annual flight review, as
described in section 61.56 of title 14, Code of Federal Regulations;
(C) to have at least 500 hours of flight time as a
pilot;
(D) to have a commercial rating, as described in subpart F of part 61 of such title;
(E) to hold at least a second-class medical certificate,
as described in subpart C of part 67 of such title;
(F) to hold a current letter of authorization issued
by the Administrator; and
(G) to take such other actions as the Administrator
determines necessary for safety.
(3) CONSIDERATION.—In making a determination to impose
a requirement under paragraph (2)(G), the Administrator shall
take into account the unique conditions associated with air
travel in the State of Alaska to ensure that such requirements
are not unduly burdensome.
(c) DEFINITIONS.—In this section, the following definitions
apply:
(1) LETTER OF AUTHORIZATION.—The term ‘‘letter of
authorization’’ means a letter issued by the Administrator once
every 5 years to an Alaska guide pilot certifying that the
pilot is in compliance with general operating and flight rules
applicable to the pilot. In the case of a multi-pilot operation,
at the election of the operating entity, a letter of authorization
may be issued by the Administrator to the entity or to each
Alaska guide pilot employed by the entity.
(2) ALASKA GUIDE PILOT.—The term ‘‘Alaska guide pilot’’
means a pilot who—
(A) conducts aircraft operations over or within the
State of Alaska;
(B) operates single engine, fixed-wing aircraft on floats,
wheels, or skis, providing commercial hunting, fishing, or
other guide services and related accommodations in the
form of camps or lodges; and
(C) transports clients by such aircraft incidental to
hunting, fishing, or other guide services.
SEC. 733. NATIONAL TRANSPORTATION DATA CENTER OF EXCELLENCE.

Of the amounts made available pursuant to section
5117(b)(6)(B) of the Transportation Equity Act for the 21st Century
(23 U.S.C. 502 note; 112 Stat. 450), not to exceed $1,000,000 for

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114 STAT. 170

PUBLIC LAW 106–181—APR. 5, 2000

each of fiscal years 2000 and 2001 may be made available by
the Secretary to establish, at an Army depot that has been closed
or realigned, a national transportation data center of excellence
that will—
(1) serve as a satellite facility for the central data repository
that is hosted by the computer center of the Transportation
Administrative Service; and
(2) analyze transportation data collected by the Federal
Government, States, cities, and the transportation industry.
49 USC 44707
note.

Regulations.

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SEC. 734. AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL.

(a) ESTABLISHMENT OF PANEL.—The Administrator—
(1) shall establish an aircraft repair and maintenance
advisory panel to review issues related to the use and oversight
of aircraft and aviation component repair and maintenance
facilities (in this section referred to as ‘‘aircraft repair facilities’’)
located within, or outside of, the United States; and
(2) may seek the advice of the panel on any issue related
to methods to increase safety by improving the oversight of
aircraft repair facilities.
(b) MEMBERSHIP.—The panel shall consist of—
(1) nine members appointed by the Administrator as
follows:
(A) three representatives of labor organizations
representing aviation mechanics;
(B) one representative of cargo air carriers;
(C) one representative of passenger air carriers;
(D) one representative of aircraft repair facilities;
(E) one representative of aircraft manufacturers;
(F) one representative of on-demand passenger air
carriers and corporate aircraft operations; and
(G) one representative of regional passenger air
carriers;
(2) one representative from the Department of Commerce,
designated by the Secretary of Commerce;
(3) one representative from the Department of State,
designated by the Secretary of State; and
(4) one representative from the Federal Aviation Administration, designated by the Administrator.
(c) RESPONSIBILITIES.—The panel shall—
(1) determine the amount and type of work that is being
performed by aircraft repair facilities located within, and outside of, the United States; and
(2) provide advice and counsel to the Secretary with respect
to the aircraft and aviation component repair work performed
by aircraft repair facilities and air carriers, staffing needs,
and any balance of trade or safety issues associated with that
work.
(d) DOT TO REQUEST INFORMATION FROM AIR CARRIERS AND
REPAIR FACILITIES.—
(1) COLLECTION OF INFORMATION.—The Secretary, by regulation, shall require air carriers, foreign air carriers, domestic
repair facilities, and foreign repair facilities to submit such
information as the Secretary may require in order to assess
balance of trade and safety issues with respect to work performed on aircraft used by air carriers, foreign air carriers,

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 171

United States corporate operators, and foreign corporate operators.
(2) DRUG AND ALCOHOL TESTING INFORMATION.—Included
in the information the Secretary requires under paragraph
(1) shall be information on the existence and administration
of employee drug and alcohol testing programs in place at
the foreign repair facilities, if applicable. The Secretary, if
necessary, shall work with the International Civil Aviation
Organization to increase the number and improve the administration of employee drug and alcohol testing programs at the
foreign repair facilities.
(3) DESCRIPTION OF WORK DONE.—Included in the information the Secretary requires under paragraph (1) shall be
information on the amount and type of work performed on
aircraft registered in and outside of the United States.
(e) DOT TO FACILITATE COLLECTION OF INFORMATION ABOUT
AIRCRAFT MAINTENANCE.—The Secretary shall facilitate the collection of information from the National Transportation Safety Board,
the Federal Aviation Administration, and other appropriate agencies regarding maintenance performed by aircraft repair facilities.
(f ) DOT TO MAKE INFORMATION AVAILABLE TO PUBLIC.—The
Secretary shall make any relevant information received under subsection (d) available to the public, consistent with the authority
to withhold trade secrets or commercial, financial, and other proprietary information under section 552 of title 5, United States Code.
(g) TERMINATION.—The panel established under subsection (a)
shall terminate on the earlier of—
(1) the date that is 2 years after the date of the enactment
of this Act; or
(2) December 31, 2001.
(h) DEFINITIONS.—The definitions contained in section 40102
of title 49, United States Code, shall apply to this section.
SEC. 735. OPERATIONS OF AIR TAXI INDUSTRY.

(a) STUDY.—The Administrator, in consultation with the
National Transportation Safety Board and other interested persons,
shall conduct a study of air taxi operators regulated under part
135 of title 14, Code of Federal Regulations.
(b) CONTENTS.—The study shall include an analysis of the
size and type of the aircraft fleet, relevant aircraft equipment,
hours flown, utilization rates, safety record by various categories
of use and aircraft type, sales revenues, and airports served by
the air taxi fleet.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress
a report on the results of the study.
SEC. 736. NATIONAL AIRSPACE REDESIGN.

(a) FINDINGS.—Congress makes the following findings:
(1) The national airspace, comprising more than 29 million
square miles, handles more than 55,000 flights per day.
(2) Almost 2,000,000 passengers per day traverse the
United States through 20 major en route centers, including
more than 700 different sectors.
(3) Redesign and review of the national airspace may
produce benefits for the travelling public by increasing the
efficiency and capacity of the air traffic control system and
reducing delays.

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49 USC 40101
note.

Deadline.

49 USC 40103
note.

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114 STAT. 172

Deadline.

49 USC 47106
note.

PUBLIC LAW 106–181—APR. 5, 2000

(4) Redesign of the national airspace should be a high
priority for the Federal Aviation Administration and the air
transportation industry.
(b) REDESIGN.—The Administrator, with advice from the aviation industry and other interested parties, shall conduct a comprehensive redesign of the national airspace system.
(c) REPORT.—Not later than December 31, 2000, the Administrator shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the Administrator’s comprehensive national airspace redesign. The
report shall include projected milestones for completion of the
redesign and shall also include a date for completion.
(d) AUTHORIZATION.—There is authorized to be appropriated
to the Administrator to carry out this section $12,000,000 for each
of fiscal years 2000, 2001, and 2002.
SEC. 737. COMPLIANCE WITH REQUIREMENTS.

Notwithstanding any other provision of law, in order to avoid
unnecessary duplication of expense and effort, the Secretary may
authorize the use, in whole or in part, of a completed environmental
assessment or environmental impact study for new construction
projects on the air operations area of an airport, if the completed
assessment or study was for a project at the airport that is substantially similar in nature to the new project. Any such authorized
use shall meet all requirements of Federal law for the completion
of such an assessment or study.
SEC. 738. FAA CONSIDERATION OF CERTAIN STATE PROPOSALS.

The Administrator is encouraged to consider any proposal with
a regional consensus submitted by a State aviation authority
regarding the expansion of existing airport facilities or the introduction of new airport facilities.
Ohio.

SEC. 739. CINCINNATI-MUNICIPAL BLUE ASH AIRPORT.

(a) APPROVAL OF SALE.—To maintain the efficient utilization
of airports in the high-growth Cincinnati local airport system, and
to ensure that the Cincinnati-Municipal Blue Ash Airport continues
to operate to relieve congestion at Cincinnati-Northern Kentucky
International Airport and to provide greater access to the general
aviation community beyond the expiration of the City of Cincinnati’s
grant obligations, the Secretary may approve the sale of CincinnatiMunicipal Blue Ash Airport from the City of Cincinnati to the
City of Blue Ash upon a finding that the City of Blue Ash meets
all applicable requirements for sponsorship and if the City of Blue
Ash agrees to continue to maintain and operate Blue Ash Airport,
as generally contemplated and described within the Blue Ash
Master Plan Update dated November 30, 1998, for a period of
20 years from the date existing grant assurance obligations of
the City of Cincinnati expire.
(b) TREATMENT OF PROCEEDS FROM SALE.—The Secretary and
the Administrator are authorized to grant the City of Cincinnati
an exemption from the provisions of sections 47107 and 47133
of title 49, United States Code, grant obligations of the City of
Cincinnati, and regulations and policies of the Federal Aviation
Administration, to the extent necessary to allow the City of Cincinnati to use the proceeds from the sale approved under subsection
(a) for any purpose authorized by the City of Cincinnati.

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114 STAT. 173

SEC. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR
USE IN RESPONDING TO OIL SPILLS.

10 USC 2576
note.

(a) AUTHORITY.—
(1) SALE OF AIRCRAFT AND AIRCRAFT PARTS.—Notwithstanding section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) and subject to subsections (b) and (c), the Secretary of Defense may sell, during
the period beginning on the date of the enactment of this
Act and ending September 30, 2002, aircraft and aircraft parts
referred to in paragraph (2) to a person or entity that provides
oil spill response services (including the application of oil
dispersants by air) pursuant to an oil spill response plan that
has been approved by the Secretary of the Department in
which the Coast Guard is operating.
(2) AIRCRAFT AND AIRCRAFT PARTS THAT MAY BE SOLD.—
The aircraft and aircraft parts that may be sold under paragraph (1) are aircraft and aircraft parts of the Department
of Defense that are determined by the Secretary of Defense
to be—
(A) excess to the needs of the Department; and
(B) acceptable for commercial sale.
(b) CONDITIONS OF SALE.—Aircraft and aircraft parts sold under
subsection (a)—
(1) shall have as their primary purpose usage for oil spill
spotting, observation, and dispersant delivery and may not
have any secondary purpose that would interfere with oil spill
response efforts under an oil spill response plan; and
(2) may not be flown outside of or removed from the United
States except for the purpose of fulfilling an international agreement to assist in oil spill dispersing efforts, for immediate
response efforts for an oil spill outside United States waters
that has the potential to threaten United States waters, or
for other purposes that are jointly approved by the Secretary
of Defense and the Secretary of Transportation.
(c) CERTIFICATION OF PERSONS AND ENTITIES.—The Secretary
of Defense may sell aircraft and aircraft parts to a person or
entity under subsection (a) only if the Secretary of Transportation
certifies to the Secretary of Defense, in writing, before the sale,
that the person or entity is capable of meeting the terms and
conditions of a contract to deliver oil spill dispersants by air, and
that the overall system to be employed by that person or entity
for the delivery and application of oil spill dispersants has been
sufficiently tested to ensure that the person or entity is capable
of being included in an oil spill response plan that has been
approved by the Secretary of the Department in which the Coast
Guard is operating.
(d) REGULATIONS.—
(1) ISSUANCE.—As soon as practicable after the date of
the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Transportation and the Administrator
of General Services, shall prescribe regulations relating to the
sale of aircraft and aircraft parts under this section.
(2) CONTENTS.—The regulations shall—
(A) ensure that the sale of the aircraft and aircraft
parts is made at a fair market value, as determined by
the Secretary of Defense, and, to the extent practicable,
on a competitive basis;

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114 STAT. 174

Deadline.

PUBLIC LAW 106–181—APR. 5, 2000

(B) require a certification by the purchaser that the
aircraft and aircraft parts will be used only in accordance
with the conditions set forth in subsection (b);
(C) establish appropriate means of verifying and
enforcing the use of the aircraft and aircraft parts by
the purchaser and other operators in accordance with the
conditions set forth in subsection (b) or pursuant to subsection (e); and
(D) ensure, to the maximum extent practicable, that
the Secretary of Defense consults with the Administrator
of General Services and with the heads of appropriate
departments and agencies of the Federal Government
regarding alternative requirements for such aircraft and
aircraft parts before the sale of such aircraft and aircraft
parts under this section.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of
Defense may require such other terms and conditions in connection
with each sale of aircraft and aircraft parts under this section
as the Secretary considers appropriate for such sale. Such terms
and conditions shall meet the requirements of regulations prescribed
under subsection (d).
(f ) REPORT.—Not later than March 31, 2002, the Secretary
of Defense shall transmit to the Committees on Armed Services
and Commerce, Science, and Transportation of the Senate and
the Committees on National Security and Transportation and Infrastructure of the House of Representatives a report on the Secretary’s
exercise of authority under this section. The report shall set forth—
(1) the number and types of aircraft sold under the
authority, and the terms and conditions under which the aircraft were sold;
(2) the persons or entities to which the aircraft were sold;
and
(3) an accounting of the current use of the aircraft sold.
(g) STATUTORY CONSTRUCTION.—
(1) AUTHORITY OF ADMINISTRATOR.—Nothing in this section
may be construed as affecting the authority of the Administrator under any other provision of law.
(2) CERTIFICATION REQUIREMENTS.—Nothing in this section
may be construed to waive, with respect to an aircraft sold
under the authority of this section, any requirement to obtain
a certificate from the Administrator to operate the aircraft
for any purpose (other than oil spill spotting, observation, and
dispersant delivery) for which such a certificate is required.
(h) PROCEEDS FROM SALE.—The net proceeds of any amounts
received by the Secretary of Defense from the sale of aircraft and
aircraft parts under this section shall be covered into the general
fund of the Treasury as miscellaneous receipts.
SEC. 741. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS
SYSTEMS OUTSIDE THE UNITED STATES.

(a) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY FOREIGN
CRS SYSTEMS.—Section 41310 is amended by adding at the end
the following:
‘‘(g) ACTIONS AGAINST DISCRIMINATORY ACTIVITY BY FOREIGN
CRS SYSTEMS.—The Secretary of Transportation may take such
actions as the Secretary considers are in the public interest to
eliminate an activity of a foreign air carrier that owns or markets

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114 STAT. 175

a computer reservations system, or of a computer reservations
system firm whose principal offices are located outside the United
States, when the Secretary, on the initiative of the Secretary or
on complaint, decides that the activity, with respect to airline
service—
‘‘(1) is an unjustifiable or unreasonable discriminatory,
predatory, or anticompetitive practice against a computer reservations system firm whose principal offices are located inside
the United States; or
‘‘(2) imposes an unjustifiable or unreasonable restriction
on access of such a computer reservations system to a foreign
market.’’.
(b) COMPLAINTS BY CRS FIRMS.—Section 41310 is amended—
(1) in subsection (d)(1)—
(A) by striking ‘‘air carrier’’ in the first sentence and
inserting ‘‘air carrier, computer reservations system firm,’’;
(B) by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (c) or (g)’’; and
(C) by striking ‘‘air carrier’’ in subparagraph (B) and
inserting ‘‘air carrier or computer reservations system
firm’’; and
(2) in subsection (e)(1) by inserting ‘‘or a computer reservations system firm is subject when providing services with
respect to airline service’’ before the period at the end of the
first sentence.
SEC. 742. SPECIALTY METALS CONSORTIUM.

(a) IN GENERAL.—The Administrator may work with a consortium of domestic metal producers and aircraft engine manufacturers
to improve the quality of turbine engine materials and to address
melting technology enhancements.
(b) REPORT.—Not later than 6 months after entering into an
agreement with a consortium described in subsection (a), the
Administrator shall transmit to Congress a report on the goals
and efforts of the consortium.
SEC. 743. ALKALI SILICA REACTIVITY DISTRESS.

(a) IN GENERAL.—The Administrator may conduct a study on
the impact of alkali silica reactivity distress on airport runways
and taxiways and the use of lithium salts and other alternatives
for mitigation and prevention of such distress. The study shall
include a determination based on in-the-field inspections followed
by petrographic analysis or other similar techniques.
(b) AUTHORITY TO MAKE GRANTS.—The Administrator may
carry out the study by making a grant to, or entering into a
cooperative agreement with, a nonprofit organization for the conduct
of all or a part of the study.
(c) REPORT.—Not later than 18 months after the date of initiation of the study under subsection (a), the Administrator shall
transmit to Congress a report on the results of the study.

49 USC 44504
note.

Deadline.

49 USC 44505
note.

Deadline.

SEC. 744. ROLLING STOCK EQUIPMENT.

(a) IN GENERAL.—Section 1168 of title 11, United States Code,
is amended to read as follows:
‘‘§ 1168. Rolling stock equipment
‘‘(a)(1) The right of a secured party with a security interest
in or of a lessor or conditional vendor of equipment described

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114 STAT. 176

Applicability.

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in paragraph (2) to take possession of such equipment in compliance
with an equipment security agreement, lease, or conditional sale
contract, and to enforce any of its other rights or remedies under
such security agreement, lease, or conditional sale contract, to sell,
lease, or otherwise retain or dispose of such equipment, is not
limited or otherwise affected by any other provision of this title
or by any power of the court, except that right to take possession
and enforce those other rights and remedies shall be subject to
section 362, if—
‘‘(A) before the date that is 60 days after the date of
commencement of a case under this chapter, the trustee, subject
to the court’s approval, agrees to perform all obligations of
the debtor under such security agreement, lease, or conditional
sale contract; and
‘‘(B) any default, other than a default of a kind described
in section 365(b)(2), under such security agreement, lease, or
conditional sale contract—
‘‘(i) that occurs before the date of commencement of
the case and is an event of default therewith is cured
before the expiration of such 60-day period;
‘‘(ii) that occurs or becomes an event of default after
the date of commencement of the case and before the
expiration of such 60-day period is cured before the later
of—
‘‘(I) the date that is 30 days after the date of
the default or event of the default; or
‘‘(II) the expiration of such 60-day period; and
‘‘(iii) that occurs on or after the expiration of such
60-day period is cured in accordance with the terms of
such security agreement, lease, or conditional sale contract,
if cure is permitted under that agreement, lease, or conditional sale contract.
‘‘(2) The equipment described in this paragraph—
‘‘(A) is rolling stock equipment or accessories used on rolling
stock equipment, including superstructures or racks, that is
subject to a security interest granted by, leased to, or conditionally sold to a debtor; and
‘‘(B) includes all records and documents relating to such
equipment that are required, under the terms of the security
agreement, lease, or conditional sale contract, that is to be
surrendered or returned by the debtor in connection with the
surrender or return of such equipment.
‘‘(3) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or
otherwise in behalf of another party.
‘‘(b) The trustee and the secured party, lessor, or conditional
vendor whose right to take possession is protected under subsection
(a) may agree, subject to the court’s approval, to extend the 60day period specified in subsection (a)(1).
‘‘(c)(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described
in subsection (a)(2), if at any time after the date of commencement
of the case under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such
possession of the trustee.

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 177

‘‘(2) At such time as the trustee is required under paragraph
(1) to surrender and return equipment described in subsection
(a)(2), any lease of such equipment, and any security agreement
or conditional sale contract relating to such equipment, if such
security agreement or conditional sale contract is an executory
contract, shall be deemed rejected.
‘‘(d) With respect to equipment first placed in service on or
prior to October 22, 1994, for purposes of this section—
‘‘(1) the term ‘lease’ includes any written agreement with
respect to which the lessor and the debtor, as lessee, have
expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease
for Federal income tax purposes; and
‘‘(2) the term ‘security interest’ means a purchase-money
equipment security interest.
‘‘(e) With respect to equipment first placed in service after
October 22, 1994, for purposes of this section, the term ‘rolling
stock equipment’ includes rolling stock equipment that is substantially rebuilt and accessories used on such equipment.’’.
(b) AIRCRAFT EQUIPMENT AND VESSELS.—Section 1110 of title
11, United States Code, is amended to read as follows:
‘‘§ 1110. Aircraft equipment and vessels
‘‘(a)(1) Except as provided in paragraph (2) and subject to
subsection (b), the right of a secured party with a security interest
in equipment described in paragraph (3), or of a lessor or conditional
vendor of such equipment, to take possession of such equipment
in compliance with a security agreement, lease, or conditional sale
contract, and to enforce any of its other rights or remedies, under
such security agreement, lease, or conditional sale contract, to sell,
lease, or otherwise retain or dispose of such equipment, is not
limited or otherwise affected by any other provision of this title
or by any power of the court.
‘‘(2) The right to take possession and to enforce the other
rights and remedies described in paragraph (1) shall be subject
to section 362 if—
‘‘(A) before the date that is 60 days after the date of
the order for relief under this chapter, the trustee, subject
to the approval of the court, agrees to perform all obligations
of the debtor under such security agreement, lease, or conditional sale contract; and
‘‘(B) any default, other than a default of a kind specified
in section 365(b)(2), under such security agreement, lease, or
conditional sale contract—
‘‘(i) that occurs before the date of the order is cured
before the expiration of such 60-day period;
‘‘(ii) that occurs after the date of the order and before
the expiration of such 60-day period is cured before the
later of—
‘‘(I) the date that is 30 days after the date of
the default; or
‘‘(II) the expiration of such 60-day period; and
‘‘(iii) that occurs on or after the expiration of such
60-day period is cured in compliance with the terms of
such security agreement, lease, or conditional sale contract,
if a cure is permitted under that agreement, lease, or
contract.

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114 STAT. 178

Applicability.

49 USC 47501
note.

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‘‘(3) The equipment described in this paragraph—
‘‘(A) is—
‘‘(i) an aircraft, aircraft engine, propeller, appliance,
or spare part (as defined in section 40102 of title 49)
that is subject to a security interest granted by, leased
to, or conditionally sold to a debtor that, at the time such
transaction is entered into, holds an air carrier operating
certificate issued pursuant to chapter 447 of title 49 for
aircraft capable of carrying 10 or more individuals or 6,000
pounds or more of cargo; or
‘‘(ii) a documented vessel (as defined in section 30101(1)
of title 46) that is subject to a security interest granted
by, leased to, or conditionally sold to a debtor that is
a water carrier that, at the time such transaction is entered
into, holds a certificate of public convenience and necessity
or permit issued by the Department of Transportation;
and
‘‘(B) includes all records and documents relating to such
equipment that are required, under the terms of the security
agreement, lease, or conditional sale contract, to be surrendered
or returned by the debtor in connection with the surrender
or return of such equipment.
‘‘(4) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or
otherwise in behalf of another party.
‘‘(b) The trustee and the secured party, lessor, or conditional
vendor whose right to take possession is protected under subsection
(a) may agree, subject to the approval of the court, to extend
the 60-day period specified in subsection (a)(1).
‘‘(c)(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described
in subsection (a)(3), if at any time after the date of the order
for relief under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such
possession to the trustee.
‘‘(2) At such time as the trustee is required under paragraph
(1) to surrender and return equipment described in subsection
(a)(3), any lease of such equipment, and any security agreement
or conditional sale contract relating to such equipment, if such
security agreement or conditional sale contract is an executory
contract, shall be deemed rejected.
‘‘(d) With respect to equipment first placed in service on or
before October 22, 1994, for purposes of this section—
‘‘(1) the term ‘lease’ includes any written agreement with
respect to which the lessor and the debtor, as lessee, have
expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease
for Federal income tax purposes; and
‘‘(2) the term ‘security interest’ means a purchase-money
equipment security interest.’’.
SEC. 745. GENERAL ACCOUNTING OFFICE AIRPORT NOISE STUDY.

(a) IN GENERAL.—The Comptroller General of the United States
shall conduct a study on airport noise in the United States.

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 179

(b) CONTENTS OF STUDY.—In conducting the study, the Comptroller General shall examine—
(1) the selection of noise measurement methodologies used
by the Administrator;
(2) the threshold of noise at which health begins to be
affected;
(3) the effectiveness of noise abatement programs at airports located in the United States;
(4) the impacts of aircraft noise on communities, including
schools;
(5) the noise assessment practices of the Federal Aviation
Administration and whether such practices fairly and
accurately reflect the burden of noise on communities; and
(6) the items requested to be examined by certain Members
of the House of Representatives in a letter relating to aircraft
noise to the Comptroller General dated April 30, 1999.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall transmit to Congress a report on the results of the study.

Deadline.

SEC. 746. NOISE STUDY OF SKY HARBOR AIRPORT, PHOENIX, ARIZONA.

(a) IN GENERAL.—The Administrator shall conduct a study
on recent changes to the flight patterns of aircraft using Sky Harbor
Airport in Phoenix, Arizona, and the effects of such changes on
the noise contours in the Phoenix, Arizona, region.
(b) REPORT.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Administrator shall transmit
to Congress a report containing the results of the study conducted under subsection (a) and recommendations for measures
to mitigate aircraft noise over populated areas in the Phoenix,
Arizona, region.
(2) AVAILABILITY TO THE PUBLIC.—The Administrator shall
make the report described in paragraph (1) available to the
public.
SEC. 747. NONMILITARY HELICOPTER NOISE.

(a) IN GENERAL.—The Secretary shall conduct a study—
(1) on the effects of nonmilitary helicopter noise on individuals in densely populated areas in the continental United
States; and
(2) to develop recommendations for the reduction of the
effects of nonmilitary helicopter noise.
(b) FOCUS.—In conducting the study, the Secretary shall focus
on air traffic control procedures to address helicopter noise problems
and shall take into account the needs of law enforcement.
(c) CONSIDERATION OF VIEWS.—In conducting the study, the
Secretary shall consider the views of representatives of the helicopter industry and organizations with an interest in reducing
nonmilitary helicopter noise.
(d) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the study conducted under this section.

Deadline.

49 USC 47501
note.

Deadline.

SEC. 748. NEWPORT NEWS, VIRGINIA.

(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section
16 of the Federal Airport Act (as in effect on May 14, 1947) or
section 47125 of title 49, United States Code, the Secretary may,

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114 STAT. 180

PUBLIC LAW 106–181—APR. 5, 2000

subject to section 47153 of such title (as in effect on June 1,
1998), and subsection (b) of this section, waive with respect to
airport property parcels that, according to the Federal Aviation
Administration approved airport layout plan for Newport News/
Williamsburg International Airport, are no longer required for airport purposes from any term contained in the deed of conveyance
dated May 14, 1947, under which the United States conveyed such
property to the Peninsula Airport Commission for airport purposes
of the Commission.
(b) CONDITIONS.—Any waiver granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The Peninsula Airport Commission shall agree that,
in leasing or conveying any interest in the property with respect
to which waivers are granted under subsection (a), the Commission will receive an amount that is equal to the fair lease
value or the fair market value, as the case may be, as determined pursuant to regulations issued by the Secretary.
(2) Peninsula Airport Commission shall use any amount
so received only for the development, improvement, operation,
or maintenance of Newport News/Williamsburg International
Airport.
SEC. 749. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE,
YAVAPAI COUNTY, ARIZONA.

Regulations.

(a) IN GENERAL.—Notwithstanding the Federal Airport Act (as
in effect on October 31, 1956) or sections 47125 and 47153 of
title 49, United States Code, and subject to this section, the Secretary of Transportation may waive any term contained in the
deed of conveyance dated October 31, 1956, by which the United
States conveyed lands to the County of Yavapai, Arizona, for use
by the county for airport purposes.
(b) LIMITATION.—No waiver may be granted under subsection
(a) if the waiver would result in the closure of an airport.
(c) CONDITION.—The County of Yavapai, Arizona, shall agree
that, in leasing or conveying any interest in property to which
the deed of conveyance described in subsection (a) relates, the
county will receive an amount that is equal to the fair lease value
or the fair market value, as the case may be, as determined pursuant to regulations issued by the Secretary.
SEC. 750. AUTHORITY TO WAIVE TERMS OF DEED OF CONVEYANCE,
PINAL COUNTY, ARIZONA.

Regulations.

VerDate 18-APR-2000

(a) IN GENERAL.—Notwithstanding the Federal Airport Act (as
in effect on June 3, 1952) or sections 47125 and 47153 of title
49, United States Code, and subject to this section, the Secretary
of Transportation may waive any term contained in the deed of
conveyance dated June 3, 1952, by which the United States conveyed lands to the County of Pinal, Arizona, for use by the county
for airport purposes.
(b) LIMITATION.—No waiver may be granted under subsection
(a) if the waiver would result in the closure of an airport.
(c) CONDITION.—The County of Pinal, Arizona, shall agree that,
in leasing or conveying any interest in property to which the deed
of conveyance described in subsection (a) relates, the county will
receive an amount that is equal to the fair lease value or the
fair market value, as the case may be, as determined pursuant
to regulations issued by the Secretary.

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114 STAT. 181

SEC. 751. CONVEYANCE OF AIRPORT PROPERTY TO AN INSTITUTION
OF HIGHER EDUCATION IN OKLAHOMA.

(a) IN GENERAL.—Notwithstanding any other provision of law,
including the Surplus Property Act of 1944 (58 Stat. 765, chapter
479; 50 U.S.C. App. 1622 et seq.), and subject to the requirements
of this section, the Secretary (or the appropriate Federal officer)
may waive, without charge, any of the terms contained in any
deed of conveyance described in subsection (b) that restrict the
use of any land described in such a deed that, as of the date
of the enactment of this Act, is not being used for the operation
of an airport or for air traffic. A waiver made under the preceding
sentence shall be deemed to be consistent with the requirements
of section 47153 of title 49, United States Code.
(b) DEED OF CONVEYANCE.—A deed of conveyance referred to
in subsection (a) is a deed of conveyance issued by the United
States before the date of the enactment of this Act for the conveyance of lands to a public institution of higher education in Oklahoma.
(c) USE OF LANDS SUBJECT TO WAIVER.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the lands subject to a waiver under subsection (a) shall
not be subject to any term, condition, reservation, or restriction
that would otherwise apply to that land as a result of the
conveyance of that land by the United States to the institution
of higher education.
(2) USE OF REVENUES.—An institution of higher education
that is issued a waiver under subsection (a) shall use revenues
derived from the use, operation, or disposal of that land—
(A) for the airport; and
(B) to the extent that funds remain available, for
weather-related and educational purposes that primarily
benefit aviation.
(d) CONDITION.—An institution of higher education that is
issued a waiver under subsection (a), shall agree that, in leasing
or conveying any interest in land to which the deed of conveyance
described in subsection (b) relates, the institution will receive an
amount that is equal to the fair lease value or the fair market
value, as the case may be, as determined pursuant to regulations
issued by the Secretary.
(e) GRANTS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, if an institution of higher education that is subject to
a waiver under subsection (a) received financial assistance in
the form of a grant from the Federal Aviation Administration
or a predecessor agency before the date of the enactment of
this Act, then the Secretary may waive the repayment of the
outstanding amount of any grant that the institution of higher
education would otherwise be required to pay.
(2) ELIGIBILITY TO RECEIVE SUBSEQUENT GRANTS.—Nothing
in paragraph (1) shall affect the eligibility of an institution
of higher education that is subject to that paragraph from
receiving grants from the Secretary under chapter 471 of title
49, United States Code, or under any other provision of law
relating to financial assistance provided through the Federal
Aviation Administration.

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SEC. 752. FORMER AIRFIELD LANDS, GRANT PARISH, LOUISIANA.

Regulations.

(a) IN GENERAL.—Subject to the requirements of this section,
the United States may release, without monetary consideration,
all restrictions, conditions, and limitations on the use, encumbrance,
or conveyance of certain land located in Grant Parish, Louisiana,
identified as Tracts B, C, and D on the map entitled ‘‘Plat of
Restricted Properties/Former Pollock Army Airfield, Pollock, Louisiana’’, dated August 1, 1996, to the extent such restrictions, conditions, and limitations are enforceable by the United States, but
the United States shall retain the right of access to, and use
of, that land for national defense purposes in time of war or national
emergency.
(b) CONDITIONS.—Any release under subsection (a) shall be
subject to the following conditions:
(1) In leasing or conveying any interest in the land with
respect to which releases are granted under subsection (a),
the party owning the property after the releases shall receive
an amount that is equal to the fair lease value or the fair
market value, as the case may be, as determined pursuant
to regulations issued by the Secretary.
(2) Any amount so received may be used only for the
development, improvement, operation, or maintenance of the
airport.
SEC. 753. RALEIGH COUNTY, WEST VIRGINIA, MEMORIAL AIRPORT.

(a) IN GENERAL.—Subject to subsection (b), the Secretary may
grant a release from any term or condition in a grant agreement
for the development or improvement of the Raleigh County Memorial Airport, West Virginia, if the Secretary determines that the
property to which the release applies—
(1) does not exceed 400 acres; and
(2) is not needed for airport purposes.
(b) CONDITION.—The proceeds of the sale of any property to
which a release under subsection (a) applies shall be used for
airport purposes.
Alaska.

SEC. 754. IDITAROD AREA SCHOOL DISTRICT.

Notwithstanding any other provision of law (including section
47125 of title 49, United States Code), the Administrator of the
Federal Aviation Administration, or the Administrator of General
Services, may convey to the Iditarod Area School District without
reimbursement all right, title, and interest in 12 acres of property
at Lake Minchumina, Alaska, identified by the Administrator of
the Federal Aviation Administration, including the structures
known as housing units 100 through 105 and as utility building
301.
SEC.

Deadline.

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755.

ALTERNATIVE POWER SOURCES FOR FLIGHT
RECORDERS AND COCKPIT VOICE RECORDERS.

DATA

(a) STUDY.—The Administrator shall conduct a study on the
need for an alternative power source for on-board flight data
recorders and cockpit voice recorders.
(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Administrator shall transmit to Congress
a report on the results of the study.
(c) COORDINATION WITH NTSB.—If, before submitting the
report, the Administrator determines, after consultation with the
National Transportation Safety Board, that the Board is preparing

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recommendations with respect to the matter to be studied under
this section and will issue the recommendations within a reasonable
period of time, the Administrator shall transmit to Congress a
report containing the Administrator’s comments on the Board’s
recommendations rather than conducting a separate study under
this section.
SEC. 756. TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION
SYSTEM.

Procedures.

The Administrator shall develop a national policy and related
procedures concerning the Terminal Automated Radar Display and
Information System and sequencing for visual flight rule air traffic
control towers.
SEC. 757. STREAMLINING SEAT AND RESTRAINT SYSTEM CERTIFICATION PROCESS AND DYNAMIC TESTING REQUIREMENTS.

Deadlines.

(a) WORKING GROUPS.—Not later than 3 months after the date
of the enactment of this Act, the Administrator shall form a working
group comprised of both government and industry representatives
to make recommendations for streamlining the seat and restraint
system certification process and the 16g dynamic testing requirements under part 25 of title 14, Code of Federal Regulations,
to focus on reducing both the cost and the length of time associated
with certification of aircraft seats and restraints.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress
a report on the findings of the working group.
SEC. 758. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR
TRAFFIC OVER NORTHERN DELAWARE.

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

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PUBLIC LAW 106–181—APR. 5, 2000
(3) study the feasibility of increasing the standard altitude
over the Brandywine Intercept from 3,000 feet to 4,000 feet.

Deadline.

SEC. 759. POST FREE FLIGHT PHASE I ACTIVITIES.

Not later than August 1, 2000, the Administrator shall transmit
to Congress a definitive plan for the continued implementation
of Free Flight Phase I operational capabilities for fiscal years 2003
through 2005. The plan shall include and address the recommendations concerning operational capabilities for fiscal years 2003
through 2005 due to be made by the RTCA Free Flight Steering
Committee in December 1999 that was established at the direction
of the Federal Aviation Administration. The plan shall also include
budget estimates for the implementation of these operational
capabilities.
SEC. 760. SENSE OF THE CONGRESS REGARDING PROTECTING THE
FREQUENCY SPECTRUM USED FOR AVIATION COMMUNICATION.

It is the sense of the Congress that with the World Radio
Communication Conference scheduled to begin in May 2000 and
the need to ensure that the frequency spectrum available for aviation communication and navigation is adequate, the Federal Aviation Administration, working with appropriate Federal agencies
and departments, should—
(1) give high priority to developing a national policy to
protect the frequency spectrum used for the Global Positioning
System that is critical to aviation communications and the
safe operation of aircraft; and
(2) expedite the appointment of the United States Ambassador to the World Radio Communication Conference.
SEC. 761. LAND EXCHANGES, FORT RICHARDSON AND ELMENDORF
AIR FORCE BASE, ALASKA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Interior
and the Secrtaries of the Army, Air Force, or such other military
departments as may be necessary and appropriate may convey
to the Alaska Railroad Corporation for purposes of track realignment all right, title, and interest of the United States in and
to approximately 227 acres of land located on Fort Richardson
and on Elmendorf Air Force Base, Alaska, in the vicinity of, and
in exchange for all right, title, and interest of the Alaska Railroad
Corporation in, approximately 229 acres of railroad right-of-way
located between railroad mileposts 117 and 129.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by surveys satisfactory to each Secretary.
The cost of the surveys shall be borne by the Alaska Railroad
Corporation.
(c) ADDITIONAL TERMS AND CONDITIONS.—Each Secretary may
require as to the real property under his jurisdiction such additional
terms and conditions in connection with the conveyances under
subsection (a) as the Secretary considers appropriate to protect
the interests of the United States. The interest conveyed by the
Alaska Railroad Corporation to the United States under subsection
(a) shall be the full title and interest received by the Corporation
under the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201
et seq.). The individual parcels of real property conveyed to the
United States under this section shall be incorporated into the

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appropriate land withdrawals for the military installation in which
they are situated or which surround them. The interest conveyed
to the Corporation by each Secretary under subsection (a) shall
be subject to the same reservations and limitations under the
Alaska Railroad Transfer Act of 1982 as are currently applicable
to the right-of-way for which the land is being exchanged.
(d) SAVINGS CLAUSE.—Nothing in this section affects the duties,
responsibilities, and liability of the Federal Government under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) concerning any lands
exchanged under this section.
SEC. 762. BILATERAL RELATIONSHIP.

(a) FINDINGS.—Congress makes the following findings:
(1) The current agreement between the United States and
the United Kingdom for operating rights between the two countries, known as Bermuda II, is one of the most restrictive
bilateral agreements the United States has with a developed
aviation power that provides substantially greater opportunities
and has resulted in a disproportionate market share in favor
of United Kingdom carriers over United States carriers.
(2) The United States has attempted in good faith to negotiate a new bilateral agreement, but the United Kingdom has
been unwilling to accept or introduce reasonable proposals for
a new agreement.
(3) Because of the United Kingdom’s unwillingness to
accept reasonable proposals advanced by the United States,
the latest rounds of negotiations between the United States
and the United Kingdom for new operating rights have failed
to produce an agreement between the two countries.
(4) The Secretary has the discretionary authority to revoke
the exemption held by British carriers to operate the Concorde
aircraft into the United States.
(b) CONSIDERATION OF EXERCISING AUTHORITY.—The Secretary
should immediately consider whether exercise of his authority to
revoke the Concorde exemption would be an appropriate and effective response to the present unsatisfactory situation.
(c) CONSIDERATION OF OTHER REMEDIES.—The Secretary should
immediately consider whether it would be effective and appropriate
to execute other remedies available to the United States Government, including—
(1) revoking all slots and slot exemptions held by British
air carriers at all United States slot-restricted airports;
(2) rescinding current exemptions or permits under the
Bermuda II bilateral to prohibit flights by British carriers
to the United States; or
(3) renunciation of the current Bermuda II bilateral.

TITLE VIII—NATIONAL PARKS AIR
TOUR MANAGEMENT
SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘National Parks Air Tour Management Act of 2000’’.

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114 STAT. 186

PUBLIC LAW 106–181—APR. 5, 2000

49 USC 40128
note.

SEC. 802. FINDINGS.

49 USC 40128
note.

SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

Congress finds that—
(1) the Federal Aviation Administration has sole authority
to control airspace over the United States;
(2) the Federal Aviation Administration has the authority
to preserve, protect, and enhance the environment by minimizing, mitigating, or preventing the adverse effects of aircraft
overflights on 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.
(a) IN GENERAL.—Chapter 401 (as amended by section 706(a)
of this Act) is further amended by adding at the end the following:
‘‘§ 40128. Overflights of national parks
‘‘(a) IN GENERAL.—
‘‘(1) GENERAL REQUIREMENTS.—A commercial air tour operator may not conduct commercial air tour operations over a
national park or tribal lands except—
‘‘(A) in accordance with this section;
‘‘(B) in accordance with conditions and limitations prescribed for that operator by the Administrator; and
‘‘(C) in accordance with any applicable air tour management plan for the park or tribal lands.
‘‘(2) APPLICATION FOR OPERATING AUTHORITY.—
‘‘(A) APPLICATION REQUIRED.—Before commencing
commercial air tour operations over a national park or
tribal lands, a commercial air tour operator shall apply
to the Administrator for authority to conduct the operations
over the park or tribal lands.
‘‘(B) COMPETITIVE BIDDING FOR LIMITED CAPACITY
PARKS.—Whenever an air tour management plan limits
the number of commercial air tour operations over a
national park during a specified time frame, the Administrator, in cooperation with the Director, shall issue operation specifications to commercial air tour operators that
conduct such operations. The operation specifications shall
include such terms and conditions as the Administrator
and the Director find necessary for management of commercial air tour operations over the park. The Administrator,
in cooperation with the Director, shall develop an open
competitive process for evaluating proposals from persons

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 187

interested in providing commercial air tour operations over
the park. In making a selection from among various proposals submitted, the Administrator, in cooperation with
the Director, shall consider relevant factors, including—
‘‘(i) the safety record of the person submitting the
proposal or pilots employed by the person;
‘‘(ii) any quiet aircraft technology proposed to be
used by the person submitting the proposal;
‘‘(iii) the experience of the person submitting the
proposal with commercial air tour operations over other
national parks or scenic areas;
‘‘(iv) the financial capability of the person submitting the proposal;
‘‘(v) any training programs for pilots provided by
the person submitting the proposal; and
‘‘(vi) responsiveness of the person submitting the
proposal to any relevant criteria developed by the
National Park Service for the affected park.
‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.—In determining the number of authorizations to issue to provide
commercial air tour operations over a national park, the
Administrator, in cooperation with the Director, shall take
into consideration the provisions of the air tour management plan, the number of existing commercial air tour
operators and current level of service and equipment provided by any such operators, and the financial viability
of each commercial air tour operation.
‘‘(D) COOPERATION WITH NPS.—Before granting an
application under this paragraph, the Administrator, in
cooperation with the Director, shall develop an air tour
management plan in accordance with subsection (b) and
implement such plan.
‘‘(E) TIME LIMIT ON RESPONSE TO ATMP APPLICATIONS.—
The Administrator shall make every effort to act on any
application under this paragraph and issue a decision on
the application not later than 24 months after it is received
or amended.
‘‘(F) PRIORITY.—In acting on applications under this
paragraph to provide commercial air tour operations over
a national park, the Administrator shall give priority to
an application under this paragraph in any case in which
a new entrant commercial air tour operator is seeking
operating authority with respect to that national park.
‘‘(3) EXCEPTION.—Notwithstanding paragraph (1), commercial air tour operators may conduct commercial air tour operations over a national park under part 91 of the title 14,
Code of Federal Regulations if—
‘‘(A) such activity is permitted under part 119 of such
title;
‘‘(B) the operator secures a letter of agreement from
the Administrator and the national park superintendent
for that national park describing the conditions under
which the operations will be conducted; and
‘‘(C) the total number of operations under this exception is limited to not more than five flights in any 30day period over a particular park.

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114 STAT. 188
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PUBLIC LAW 106–181—APR. 5, 2000
‘‘(4) SPECIAL RULE FOR SAFETY REQUIREMENTS.—Notwithstanding subsection (c), an existing commercial air tour operator
shall apply, not later than 90 days after the date of the enactment of this section, for operating authority under part 119,
121, or 135 of title 14, Code of Federal Regulations. A new
entrant commercial air tour operator shall apply for such
authority before conducting commercial air tour operations over
a national park or tribal lands. The Administrator shall make
every effort to act on any such application for a new entrant
and issue a decision on the application not later than 24 months
after it is received or amended.
‘‘(b) AIR TOUR MANAGEMENT PLANS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The Administrator, in cooperation
with the Director, shall establish an air tour management
plan for any national park or tribal land for which such
a plan is not in effect whenever a person applies for
authority to conduct a commercial air tour operation over
the park. The air tour management plan shall be developed
by means of a public process in accordance with paragraph
(4).
‘‘(B) OBJECTIVE.—The objective of any air tour management plan shall be to develop acceptable and effective
measures to mitigate or prevent the significant adverse
impacts, if any, of commercial air tour operations upon
the natural and cultural resources, visitor experiences, and
tribal lands.
‘‘(2) ENVIRONMENTAL DETERMINATION.—In establishing an
air tour management plan under this subsection, the Administrator and the Director shall each sign the environmental decision document required by section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) which may include
a finding of no significant impact, an environmental assessment, or an environmental impact statement and the record
of decision for the air tour management plan.
‘‘(3) CONTENTS.—An air tour management plan for a
national park—
‘‘(A) may prohibit commercial air tour operations in
whole or in part;
‘‘(B) may establish conditions for the conduct of
commercial air tour operations, including commercial air
tour routes, maximum or minimum altitudes, time-of-day
restrictions, restrictions for particular events, maximum
number of flights per unit of time, intrusions on privacy
on tribal lands, and mitigation of noise, visual, or other
impacts;
‘‘(C) shall apply to all commercial air tour operations
within 1⁄2 mile outside the boundary of a national park;
‘‘(D) shall include incentives (such as preferred
commercial air tour routes and altitudes, relief from caps
and curfews) for the adoption of quiet aircraft technology
by commercial air tour operators conducting commercial
air tour operations at the park;
‘‘(E) shall provide for the initial allocation of opportunities to conduct commercial air tour operations if the plan
includes a limitation on the number of commercial air
tour operations for any time period; and

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 189

‘‘(F) shall justify and document the need for measures
taken pursuant to subparagraphs (A) through (E) and
include such justifications in the record of decision.
‘‘(4) PROCEDURE.—In establishing an air tour management
plan for a national park or tribal lands, the Administrator
and the Director shall—
‘‘(A) hold at least one public meeting with interested
parties to develop the air tour management plan;
‘‘(B) publish the proposed plan in the Federal Register
for notice and comment and make copies of the proposed
plan available to the public;
‘‘(C) comply with the regulations set forth in sections
1501.3 and 1501.5 through 1501.8 of title 40, Code of
Federal Regulations (for purposes of complying with the
regulations, the Federal Aviation Administration shall be
the lead agency and the National Park Service is a cooperating agency); and
‘‘(D) solicit the participation of any Indian tribe whose
tribal lands are, or may be, overflown by aircraft involved
in a commercial air tour operation over the park or tribal
lands to which the plan applies, as a cooperating agency
under the regulations referred to in subparagraph (C).
‘‘(5) JUDICIAL REVIEW.—An air tour management plan
developed under this subsection shall be subject to judicial
review.
‘‘(6) AMENDMENTS.—The Administrator, in cooperation with
the Director, may make amendments to an air tour management plan. Any such amendments shall be published in the
Federal Register for notice and comment. A request for amendment of an air tour management plan shall be made in such
form and manner as the Administrator may prescribe.
‘‘(c) INTERIM OPERATING AUTHORITY.—
‘‘(1) IN GENERAL.—Upon application for operating authority,
the Administrator shall grant interim operating authority
under this subsection to a commercial air tour operator for
commercial air tour operations over a national park or tribal
lands for which the operator is an existing commercial air
tour operator.
‘‘(2) REQUIREMENTS AND LIMITATIONS.—Interim operating
authority granted under this subsection—
‘‘(A) shall provide annual authorization only for the
greater of—
‘‘(i) the number of flights used by the operator
to provide the commercial air tour operations within
the 12-month period prior to the date of the enactment
of this section; or
‘‘(ii) the average number of flights per 12-month
period used by the operator to provide such operations
within the 36-month period prior to such date of enactment, and, for seasonal operations, the number of
flights so used during the season or seasons covered
by that 12-month period;
‘‘(B) may not provide for an increase in the number
of commercial air tour operations conducted during any
time period by the commercial air tour operator above
the number that the air tour operator was originally

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Federal Register,
publication.

Native
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114 STAT. 190

Federal Register,
publication.
Termination
date.

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PUBLIC LAW 106–181—APR. 5, 2000

granted unless such an increase is agreed to by the
Administrator and the Director;
‘‘(C) shall be published in the Federal Register to provide notice and opportunity for comment;
‘‘(D) may be revoked by the Administrator for cause;
‘‘(E) shall terminate 180 days after the date on which
an air tour management plan is established for the park
or tribal lands;
‘‘(F) shall promote protection of national park
resources, visitor experiences, and tribal lands;
‘‘(G) shall promote safe commercial air tour operations;
‘‘(H) shall promote the adoption of quiet technology,
as appropriate; and
‘‘(I) shall allow for modifications of the interim operating authority based on experience if the modification
improves protection of national park resources and values
and of tribal lands.
‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.—
‘‘(A) IN GENERAL.—The Administrator, in cooperation
with the Director, may grant interim operating authority
under this paragraph to an air tour operator for a national
park or tribal lands for which that operator is a new
entrant air tour operator if the Administrator determines
the authority is necessary to ensure competition in the
provision of commercial air tour operations over the park
or tribal lands.
‘‘(B) SAFETY LIMITATION.—The Administrator may not
grant interim operating authority under subparagraph (A)
if the Administrator determines that it would create a
safety problem at the park or on the tribal lands, or the
Director determines that it would create a noise problem
at the park or on the tribal lands.
‘‘(C) ATMP LIMITATION.—The Administrator may grant
interim operating authority under subparagraph (A) of this
paragraph only if the air tour management plan for the
park or tribal lands to which the application relates has
not been developed within 24 months after the date of
the enactment of this section.
‘‘(d) EXEMPTIONS.—This section shall not apply to—
‘‘(1) the Grand Canyon National Park; or
‘‘(2) tribal lands within or abutting the Grand Canyon
National Park.
‘‘(e) LAKE MEAD.—This section shall not apply to any air tour
operator while flying over or near the Lake Mead National Recreation Area, solely as a transportation route, to conduct an air
tour over the Grand Canyon National Park.
‘‘(f ) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The term ‘commercial air tour operator’ means any person who conducts a
commercial air tour operation.
‘‘(2) EXISTING COMMERCIAL AIR TOUR OPERATOR.—The term
‘existing commercial air tour operator’ means a commercial
air tour operator that was actively engaged in the business
of providing commercial air tour operations over a national
park at any time during the 12-month period ending on the
date of the enactment of this section.

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‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR OPERATOR.—The
term ‘new entrant commercial air tour operator’ means a
commercial air tour operator that—
‘‘(A) applies for operating authority as a commercial
air tour operator for a national park or tribal lands; and
‘‘(B) has not engaged in the business of providing
commercial air tour operations over the national park or
tribal lands in the 12-month period preceding the application.
‘‘(4) COMMERCIAL AIR TOUR OPERATION.—
‘‘(A) IN GENERAL.—The term ‘commercial air tour operation’ means any flight, conducted for compensation or
hire in a powered aircraft where a purpose of the flight
is sightseeing over a national park, within 1⁄2 mile outside
the boundary of any national park, or over tribal lands,
during which the aircraft flies—
‘‘(i) below a minimum altitude, determined by the
Administrator in cooperation with the Director, above
ground level (except solely for purposes of takeoff or
landing, or necessary for safe operation of an aircraft
as determined under the rules and regulations of the
Federal Aviation Administration requiring the pilotin-command to take action to ensure the safe operation
of the aircraft); or
‘‘(ii) less than 1 mile laterally from any geographic
feature within the park (unless more than 1⁄2 mile
outside the boundary).
‘‘(B) FACTORS TO CONSIDER.—In making a determination of whether a flight is a commercial air tour operation
for purposes of this section, the Administrator may
consider—
‘‘(i) whether there was a holding out to the public
of willingness to conduct a sightseeing flight for compensation or hire;
‘‘(ii) whether a narrative that referred to areas
or points of interest on the surface below the route
of the flight was provided by the person offering the
flight;
‘‘(iii) the area of operation;
‘‘(iv) the frequency of flights conducted by the person offering the flight;
‘‘(v) the route of flight;
‘‘(vi) the inclusion of sightseeing flights as part
of any travel arrangement package offered by the person offering the flight;
‘‘(vii) whether the flight would have been canceled
based on poor visibility of the surface below the route
of the flight; and
‘‘(viii) any other factors that the Administrator
and the Director consider appropriate.
‘‘(5) NATIONAL PARK.—The term ‘national park’ means any
unit of the National Park System.
‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’ means Indian
country (as that term is defined in section 1151 of title 18)
that is within or abutting a national park.
‘‘(7) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the Federal Aviation Administration.

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PUBLIC LAW 106–181—APR. 5, 2000

‘‘(8) DIRECTOR.—The term ‘Director’ means the Director
of the National Park Service.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 401
(as amended by section 706(b) of this Act) is further amended
by adding at the end the following:
‘‘40128. Overflights of national parks.’’.

(c) COMPLIANCE WITH OTHER REGULATIONS.—For purposes of
section 40126 of title 49, United States Code—
(1) regulations issued by the Secretary of Transportation
and the Administrator under section 3 of Public Law 100–
91 (16 U.S.C. 1a–1 note); and
(2) commercial air tour operations carried out in compliance
with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40126.
Arizona.
Nevada.
Deadline.

Reports.

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SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.

(a) QUIET TECHNOLOGY REQUIREMENTS.—Within 12 months
after the date of the enactment of this Act, the Administrator
shall designate reasonably achievable requirements for fixed-wing
and helicopter aircraft necessary for such aircraft to be considered
as employing quiet aircraft technology for purposes of this section.
If the Administrator determines that the Administrator will not
be able to make such designation before the last day of such
12-month period, the Administrator shall transmit to Congress
a report on the reasons for not meeting such time period and
the expected date of such designation.
(b) ROUTES OR CORRIDORS.—In consultation with the Director
and the advisory group established under section 805, the Administrator shall establish, by rule, routes or corridors for commercial
air tour operations (as defined in section 40126(e)(4) of title 49,
United States Code) by fixed-wing and helicopter aircraft that
employ quiet aircraft technology for—
(1) tours of the Grand Canyon originating in Clark County,
Nevada; and
(2) ‘‘local loop’’ tours originating at the Grand Canyon
National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas
that will not negatively impact the substantial restoration of natural
quiet, tribal lands, or safety.
(c) OPERATIONAL CAPS.—Commercial air tour operations by any
fixed-wing or helicopter aircraft that employs quiet aircraft technology and that replaces an existing aircraft shall not be subject
to the operational flight allocations that apply to other commercial
air tour operations of the Grand Canyon, provided that the cumulative impact of such operations does not increase noise at the
Grand Canyon.
(d) MODIFICATION OF EXISTING AIRCRAFT TO MEET STANDARDS.—A commercial air tour operation by a fixed-wing or helicopter
aircraft in a commercial air tour operator’s fleet on the date of
the enactment of this Act that meets the requirements designated
under subsection (a), or is subsequently modified to meet the
requirements designated under subsection (a), may be used for
commercial air tour operations under the same terms and conditions
as a replacement aircraft under subsection (c) without regard to
whether it replaces an existing aircraft.
(e) MANDATE TO RESTORE NATURAL QUIET.—Nothing in this
Act shall be construed to relieve or diminish—

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(1) the statutory mandate imposed upon the Secretary of
the Interior and the Administrator of the Federal Aviation
Administration under Public Law 100–91 (16 U.S.C. 1a–1 note)
to achieve the substantial restoration of the natural quiet and
experience at the Grand Canyon National Park; and
(2) the obligations of the Secretary and the Administrator
to promulgate forthwith regulations to achieve the substantial
restoration of the natural quiet and experience at the Grand
Canyon National Park.
SEC. 805. ADVISORY GROUP.

(a) ESTABLISHMENT.—Not later than 1 year after the date of
the enactment of this Act, the Administrator and the Director
of the National Park Service shall jointly establish an advisory
group to provide continuing advice and counsel with respect to
commercial air tour operations over and near national parks.
(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 a national park or tribal
lands, which will receive preferential treatment in a given
air tour management plan;
(3) on other measures that might be taken to accommodate
the interests of visitors to national parks; and
(4) at the request of the Administrator and the Director,
safety, environmental, and other issues related to commercial
air tour operations over a national park or tribal lands.
(d) COMPENSATION; SUPPORT; FACA.—
(1) COMPENSATION AND TRAVEL.—Members of the advisory
group who are not officers or employees of the United States,
while attending conferences or meetings of the group or otherwise engaged in its business, or while serving away from their

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114 STAT. 194

PUBLIC LAW 106–181—APR. 5, 2000
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.

49 USC 40128
note.

SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER
THE ROCKY MOUNTAIN NATIONAL PARK.

Effective date.

Effective beginning on the date of the enactment of this Act,
no commercial air tour operation may be conducted in the airspace
over the Rocky Mountain National Park notwithstanding any other
provision of this Act or section 40126 of title 49, United States
Code.

Deadlines.
49 USC 40128
note.

SEC. 807. REPORTS.

(a) OVERFLIGHT FEE REPORT.—Not later than 180 days after
the date of the enactment of this Act, the Administrator shall
transmit to Congress a report on the effects overflight fees are
likely to have on the commercial air tour operation industry. The
report shall include, but shall not be limited to—
(1) the viability of a tax credit for the commercial air
tour operators equal to the amount of any overflight fees
charged by the National Park Service; and
(2) the financial effects proposed offsets are likely to have
on Federal Aviation Administration budgets and appropriations.
(b) QUIET AIRCRAFT TECHNOLOGY REPORT.—Not later than 2
years after the date of the enactment of this Act, the Administrator
and the Director of the National Park Service shall jointly transmit
a report to Congress on the effectiveness of this title in providing
incentives for the development and use of quiet aircraft technology.

49 USC 40128
note.

SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.

49 USC 40128
note.

SEC. 809. ALASKA EXEMPTION.

Any methodology adopted by a Federal agency to assess air
tour noise in any unit of the national park system (including the
Grand Canyon and Alaska) shall be based on reasonable scientific
methods.
The provisions of this title and section 40128 of title 49, United
States Code, as added by section 803(a), do not apply to any land
or waters located in Alaska.

TITLE IX—FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT
SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

Section 48102(a) of title 49, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (4)(J);

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(2) by striking the period at the end of paragraph (5)
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(6) for fiscal year 2000, $224,000,000, including—
‘‘(A) $17,269,000 for system development and infrastructure projects and activities;
‘‘(B) $33,042,500 for capacity and air traffic management technology projects and activities;
‘‘(C) $11,265,400 for communications, navigation, and
surveillance projects and activities;
‘‘(D) $19,300,000 for weather projects and activities;
‘‘(E) $6,358,200 for airport technology projects and
activities;
‘‘(F) $44,457,000 for aircraft safety technology projects
and activities;
‘‘(G) $53,218,000 for system security technology
projects and activities;
‘‘(H) $26,207,000 for human factors and aviation medicine projects and activities;
‘‘(I) $3,481,000 for environment and energy projects
and activities; and
‘‘(J) $2,171,000 for innovative/cooperative research
projects and activities, of which $750,000 shall be for carrying out subsection (h);
‘‘(7) for fiscal year 2001, $237,000,000; and
‘‘(8) for fiscal year 2002, $249,000,000.’’.
SEC. 902. INTEGRATED NATIONAL AVIATION RESEARCH PLAN.

(a) IN GENERAL.—Section 44501(c) of title 49, United States
Code, is amended—
(1) in paragraph (2)(B)—
(A) by striking ‘‘and’’ at the end of clause (iii);
(B) by redesignating clause (iv) as clause (v) and
inserting after clause (iii) the following:
‘‘(iv) identify the individual research and development
projects in each funding category that are described in the
annual budget request;’’
(C) by striking the period at the end of clause (v)
(as so redesignated) and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(vi) highlight the research and development technology
transfer activities that promote technology sharing among
government, industry, and academia through the StevensonWydler Technology Innovation Act of 1980.’’; and
(2) in paragraph (3) by inserting ‘‘The report shall be prepared in accordance with requirements of section 1116 of title
31.’’ after ‘‘effect for the prior fiscal year.’’.
(b) REQUIREMENT.—Not later than October 1, 2000, the
Administrator of the National Aeronautics and Space Administration and the Administrator of the Federal Aviation Administration
shall jointly prepare and transmit to the Congress an integrated
civil aviation research and development plan.
(c) CONTENTS.—The plan required by subsection (b) shall
include—
(1) an identification of the respective research and development requirements, roles, and responsibilities of the National

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PUBLIC LAW 106–181—APR. 5, 2000
Aeronautics and Space Administration and the Federal Aviation
Administration;
(2) formal mechanisms for the timely sharing of information
between the National Aeronautics and Space Administration
and the Federal Aviation Administration; and
(3) procedures for increased communication and coordination between the Federal Aviation Administration research
advisory committee established under section 44508 of title
49, United States Code, and the NASA Aeronautics and Space
Transportation Technology Advisory Committee.

Records.
49 USC 106 note.

SEC. 903. INTERNET AVAILABILITY OF INFORMATION.

The Administrator shall make available through the Internet
home page of the Federal Aviation Administration the abstracts
relating to all research grants and awards made with funds authorized by the amendments made by this Act. Nothing in this section
shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the
public.
SEC. 904. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.

Section 44504(b)(1) of title 49, United States Code, is amended
by inserting ‘‘, including nonstructural aircraft systems,’’ after ‘‘life
of aircraft’’.
49 USC 44505
note.

SEC. 905. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

The Administrator shall consider awards to nonprofit concrete
pavement research foundations to improve the design, construction,
rehabilitation, and repair of rigid concrete airfield pavements to
aid in the development of safer, more cost-effective, and durable
airfield pavements. The Administrator may use a grant or cooperative agreement for this purpose. Nothing in this section shall require
the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy
research programs.
SEC. 906. EVALUATION OF RESEARCH FUNDING TECHNIQUES.

(a) IN GENERAL.—The Secretary, in consultation with the
National Academy of Sciences and representatives of airports, shall
evaluate the applicability of the techniques used to fund and administer research under the National Highway Cooperative Research
Program and the National Transit Research Program to the
research needs of airports.
(b) REPORT.—The Secretary shall transmit to Congress a report
on the results of the evaluation conducted under this section.

TITLE X—EXTENSION OF AIRPORT AND
AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 1001. EXTENSION OF EXPENDITURE AUTHORITY.
26 USC 9502.

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(a) IN GENERAL.—Paragraph (1) of section 9502(d) of the
Internal Revenue Code of 1986 (relating to expenditures from Airport and Airway Trust Fund) is amended—
(1) by striking ‘‘October 1, 1998’’ and inserting ‘‘October
1, 2003’’; and

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PUBLIC LAW 106–181—APR. 5, 2000

114 STAT. 197

(2) by inserting before the semicolon at the end of subparagraph (A) the following: ‘‘or the provisions of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 providing for payments from the Airport and Airway
Trust Fund or the Interim Federal Aviation Administration
Authorization Act or section 6002 of the 1999 Emergency
Supplemental Appropriations Act, Public Law 106–59, or the
Wendell H. Ford Aviation Investment and Reform Act for the
21st Century’’.
(b) LIMITATION ON EXPENDITURE AUTHORITY.—Section 9502 of
such Code is amended by adding at the end the following new
subsection:
‘‘(f ) LIMITATION ON TRANSFERS TO TRUST FUND.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
no amount may be appropriated or credited to the Airport
and Airway Trust Fund on and after the date of any expenditure from the Airport and Airway Trust Fund which is not
permitted by this section. The determination of whether an
expenditure is so permitted shall be made without regard to—
‘‘(A) any provision of law which is not contained or
referenced in this title or in a revenue Act; and
‘‘(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this subsection.
‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.—Paragraph (1)
shall not apply to any expenditure to liquidate any contract
entered into (or for any amount otherwise obligated) before
October 1, 2003, in accordance with the provisions of this
section.’’.
Approved April 5, 2000.

LEGISLATIVE HISTORY—H.R. 1000 (S. 82) (S. 1467):
HOUSE REPORTS: Nos. 106–167 and Pt. 2 (Comm. on Transportation and Infrastructure) and 106–513 (Comm. of Conference).
SENATE REPORTS: No. 106–9 accompanying S. 82 (Comm. on Commerce, Science,
and Transportation).
CONGRESSIONAL RECORD:
Vol. 145 (1999): June 15, considered and passed House.
Oct. 5, considered and passed Senate, amended, in lieu of
S. 82.
Vol. 146 (2000): Mar. 8, Senate agreed to conference report.
Mar. 15, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Apr. 5, Presidential statement.

Æ

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