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CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY
(House of Representatives - March 08, 2000)

Text of this article available as: TXT PDF [Pages H649-H704] CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY Mr. SHUSTER submitted the following conference report and statement on the bill (H.R. 1000) to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes: Conference Report (H. Rept. 106-513) The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 1000), to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: 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.-- Sec. 1. Short title; table of contents. Sec. 2. Amendments to title 49, United States Code. Sec. 3. Applicability. Sec. 4. Definitions. TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS Subtitle A--Funding Sec. 101. Airport improvement program. Sec. 102. Airway facilities improvement program. Sec. 103. FAA operations. Sec. 104. AIP formula changes. Sec. 105. Passenger facility fees. Sec. 106. Funding for aviation programs. Sec. 107. Adjustment to AIP program funding. Sec. 108. Reprogramming notification requirement. Subtitle B--Airport Development Sec. 121. Runway incursion prevention devices and emergency call boxes. Sec. 122. Windshear detection equipment and adjustable lighting extensions. Sec. 123. Pavement maintenance. Sec. 124. Enhanced vision technologies. Sec. 125. Public notice before waiver with respect to land. Sec. 126. Matching share. Sec. 127. Letters of intent. Sec. 128. Grants from small airport fund. Sec. 129. Discretionary use of unused apportionments. Sec. 130. Designating current and former military airports. Sec. 131. Contract tower cost-sharing. Sec. 132. Innovative use of airport grant funds. Sec. 133. Inherently low-emission airport vehicle pilot program. Sec. 134. Airport security program. Sec. 135. Technical amendments. Sec. 136. Conveyances of airport property for public airports. Sec. 137. Intermodal connections. Sec. 138. State block grant program. Sec. 139. 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. Sec. 154. Aircraft noise primarily caused by military aircraft. Sec. 155. Competition plans. Sec. 156. Alaska rural aviation improvement. Sec. 157. Use of recycled materials. Sec. 158. Construction of runways. Sec. 159. Notice of grants. Sec. 160. Airfield pavement conditions. Sec. 161. Report on efforts to implement capacity enhancements. Sec. 162. Prioritization of discretionary projects. Sec. 163. Continuation of reports. TITLE II--AIRLINE SERVICE IMPROVEMENTS Subtitle A--Small Communities Sec. 201. Policy for air service to rural areas. Sec. 202. Waiver of local contribution. Sec. 203. Improved air carrier service to airports not receiving sufficient service. Sec. 204. Preservation of essential air service at single carrier dominated hub airports. Sec. 205. Determination of distance from hub airport. Sec. 206. Report on essential air service. Sec. 207. Marketing practices. [[Page H650]] Sec. 208. Definition of eligible place. Sec. 209. Maintaining the integrity of the essential air service program. Sec. 210. Regional jet service for small communities. Subtitle B--Airline Customer Service Sec. 221. Consumer notification of E-ticket expiration dates. Sec. 222. Increased penalty for violation of aviation consumer protection laws. Sec. 223. Funding of enforcement of airline consumer protections. Sec. 224. Airline customer service reports. Sec. 225. Increased financial responsibility for lost baggage. Sec. 226. Comptroller General investigation. Sec. 227. Airline service quality performance reports. Sec. 228. 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. TITLE III--FAA MANAGEMENT REFORM Sec. 301. Air traffic control system defined. Sec. 302. Air traffic control oversight. Sec. 303. Chief Operating Officer. Sec. 304. Pilot program to permit cost-sharing of air traffic modernization projects. Sec. 305. Clarification of regulatory approval process. Sec. 306. Failure to meet rulemaking deadline. Sec. 307. FAA personnel and acquisition management systems. Sec. 308. Right to contest adverse personnel actions. Sec. 309. Independent study of FAA costs and allocations. Sec. 310. Environmental review of airport improvement projects. Sec. 311. Cost allocation system. Sec. 312. Report on modernization of oceanic ATC system. TITLE IV--FAMILY ASSISTANCE Sec. 401. Responsibilities of National Transportation Safety Board. Sec. 402. Air carrier plans. Sec. 403. Foreign air carrier plans. Sec. 404. Death on the high seas. TITLE V--SAFETY Sec. 501. Airplane emergency locators. Sec. 502. Cargo collision avoidance systems deadlines. Sec. 503. Landfills interfering with air commerce. Sec. 504. Life-limited aircraft parts. Sec. 505. Counterfeit aircraft parts. Sec. 506. 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. 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. TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY Sec. 601. Transfer of functions, powers, and duties. Sec. 602. Transfer of office, personnel and funds. Sec. 603. Amendment of title 49, United States Code. Sec. 604. Savings provision. Sec. 605. National ocean survey. Sec. 606. Sale and distribution of nautical and aeronautical products by NOAA. Sec. 607. Procurement of private enterprise mapping, charting, and geographic information systems. TITLE VII--MISCELLANEOUS PROVISIONS Sec. 701. Duties and powers of Administrator. Sec. 702. Public aircraft. Sec. 703. Prohibition on release of offeror proposals. Sec. 704. FAA evaluation of long-term capital leasing. Sec. 705. Severable services contracts for periods crossing fiscal years. Sec. 706. Prohibitions on discrimination. Sec. 707. Discrimination against handicapped individuals. Sec. 708. Prohibitions against smoking on scheduled flights. Sec. 709. Joint venture agreement. Sec. 710. Reports by carriers on incidents involving animals during air transport. Sec. 711. Extension of war risk insurance program. Sec. 712. General facilities and personnel authority. Sec. 713. Human factors program. Sec. 714. Implementation of Article 83 bis of the Chicago Convention. Sec. 715. Public availability of airmen records. Sec. 716. Review process for emergency orders. Sec. 717. Government and industry consortia. Sec. 718. Passenger manifest. Sec. 719. Cost recovery for foreign aviation services. Sec. 720. Technical corrections to civil penalty provisions. Sec. 721. Waiver under Airport Noise and Capacity Act. Sec. 722. Land use compliance report. Sec. 723. Charter airlines. Sec. 724. Credit for emergency services provided. Sec. 725. Passenger cabin air quality. Sec. 726. Standards for aircraft and aircraft engines to reduce noise levels. Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration project. Sec. 728. Automated surface observation system stations. Sec. 729. Aircraft situational display data. Sec. 730. Elimination of backlog of equal employment opportunity complaints. Sec. 731. Grant of easement, Los Angeles, California. Sec. 732. Regulation of Alaska guide pilots. Sec. 733. National Transportation Data Center of Excellence. Sec. 734. Aircraft repair and maintenance advisory panel. Sec. 735. Operations of air taxi industry. Sec. 736. National airspace redesign. Sec. 737. Compliance with requirements. Sec. 738. FAA consideration of certain State proposals. Sec. 739. Cincinnati-Municipal Blue Ash Airport. Sec. 740. Authority to sell aircraft and aircraft parts for use in responding to oil spills. Sec. 741. Discriminatory practices by computer reservations systems outside the United States. Sec. 742. Specialty metals consortium. Sec. 743. Alkali silica reactivity distress. Sec. 744. Rolling stock equipment. Sec. 745. General Accounting Office airport noise study. Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona. Sec. 747. Nonmilitary helicopter noise. Sec. 748. Newport News, Virginia. Sec. 749. Authority to waive terms of deed of conveyance, Yavapai County, Arizona. Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, Arizona. Sec. 751. Conveyance of airport property to an institution of higher education in Oklahoma. Sec. 752. Former airfield lands, Grant Parish, Louisiana. Sec. 753. Raleigh County, West Virginia, Memorial Airport. Sec. 754. Iditarod area school district. Sec. 755. Alternative power sources for flight data recorders and cockpit voice recorders. Sec. 756. Terminal automated radar display and information system. Sec. 757. Streamlining seat and restraint system certification process and dynamic testing requirements. Sec. 758. Expressing the sense of the Senate concerning air traffic over northern Delaware. Sec. 759. Post Free Flight Phase I activities. Sec. 760. Sense of Congress regarding protecting the frequency spectrum used for aviation communication. Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, Alaska. Sec. 762. Bilateral relationship. TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT Sec. 801. Short title. Sec. 802. Findings. Sec. 803. Air tour management plans for national parks. Sec. 804. Quiet aircraft technology for Grand Canyon. Sec. 805. Advisory group. Sec. 806. 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. TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT Sec. 901. Authorization of appropriations. Sec. 902. Integrated national aviation research plan. Sec. 903. Internet availability of information. Sec. 904. Research on nonstructural aircraft systems. Sec. 905. Research program to improve airfield pavements. Sec. 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. SEC. 3. APPLICABILITY. Except as otherwise specifically provided, this Act and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999. SEC. 4. 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. [[Page H651]] (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. 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: ``(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 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. 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-- ``(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. [[Page H652]] ``(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States. ``(3) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment for each fiscal year as follows: ``(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of-- ``(i) $150,000; or ``(ii) \1/5\ of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103. ``(B) Any remaining amount to States as follows: ``(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. ``(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States. ``(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States. ``(4) Airports in alaska, puerto rico, and hawaii.--An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions. ``(5) Use of state highway specifications.-- ``(A) In general.--The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that-- ``(i) safety will not be negatively affected; and ``(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards. ``(B) Limitation.--An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons. ``(6) Integrated airport system planning.--Notwithstanding any other provision of this subsection, funds made available under this subsection may be used for integrated airport system planning that encompasses one or more primary airports.''. (d) Supplemental Apportionment for Alaska.--Section 47114(e) is amended-- (1) in the subsection heading by striking ``Alternative'' and inserting ``Supplemental''; (2) in paragraph (1)-- (A) by striking ``Instead of apportioning amounts for airports in Alaska under'' and inserting ``In general.-- Notwithstanding''; and (B) by striking ``those airports'' and inserting ``airports in Alaska''; (3) in paragraph (2) by inserting ``Authority for discretionary grants.--'' before ``This subsection''; (4) by striking paragraph (3) and inserting the following: ``(3) Airports eligible for funds.--An amount apportioned under this subsection may be used for any public airport in Alaska. ``(4) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph (1) shall be increased by doubling the amount that would otherwise be apportioned.''; and (5) by indenting paragraph (1) and aligning paragraph (1) (and its subparagraphs) and paragraph (2) with paragraphs (3) and (4) (as added by paragraph (4) of this subsection). (e) Grants for Airport Noise Compatibility Planning.-- Section 47117(e)(1)(A) is amended by striking ``31 percent'' each place it appears and inserting ``34 percent''. (f) Grants for Reliever Airports.--Section 47117(e)(1) is amended by adding at the end the following: ``(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least \2/3\ 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. 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 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). 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: [[Page H653]] (A) 69-8106-0-7-402 (Grants in Aid for Airports). (B) 69-8107-0-7-402 (Facilities and Equipment). (C) 69-8108-0-7-402 (Research and Development). (D) 69-8104-0-7-402 (Trust Fund Share of Operations). (2) Level of receipts plus interest.--The term ``level of receipts plus interest'' means the level of excise taxes and interest credited to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President's budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) (Treasury identification code 20-8103-0-7-402) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. (c) Enforcement of Guarantees.-- (1) Total airport and airway trust fund funding.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for aviation investment programs described in subsection (b) to be less than the amount required by subsection (a)(1)(A) for such fiscal year. (2) Capital priority.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides an appropriation (or any amendment thereto) for any fiscal year through fiscal year 2003 for Research and Development or Operations if the sum of the obligation limitation for Grants-in-Aid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in- Aid for Airports and for Facilities and Equipment for such fiscal year. (d) Conforming Amendment.--Section 48104 is amended-- (1) by striking ``Except as provided in this section,'' in subsection (a); and (2) by striking subsections (b) and (c). SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING. (a) In General.--Chapter 481 is amended by adding at the end the following: ``Sec. 48112. Adjustment to AIP program funding ``On the effective date of a general appropriations Act providing appropriations for a fiscal year beginning after September 30, 2000, for the Federal Aviation Administration, the amount made available for a fiscal year under section 48103 shall be increased by the amount, if any, by which-- ``(1) the amount authorized to be appropriated under section 48101 for such fiscal year; exceeds ``(2) the amounts appropriated for programs funded under such section for such fiscal year. Any contract authority made available by this section shall be subject to an obligation limitation.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``48112. Adjustment to AIP program funding.''. SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT. (a) In General.--Chapter 481 is further amended by adding at the end the following: ``Sec. 48113. Reprogramming notification requirement ``Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.''. (b) Conforming Amendment.--The analysis for chapter 481 is amended by adding at the end the following: ``48113. Reprogramming notification requirement.''. Subtitle B--Airport Development 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. (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 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. 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 land-use assurance.--Before modifying an assurance under subsection (c)(2)(B) that requires any property to be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before making such modification.''. (b) Waiver of Condition on Conveyance of Land.--Section 47125(a) is amended by adding at the end the following: ``Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.''. (c) Surplus Property.--Section 47151 is amended by adding at the end the following: ``(d) Waiver of Condition.--Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.''. (d) Waiver of Certain Term.--Section 47153 is amended by adding at the end the following: ``(c) Public Notice Before Waiver.--Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this section that an interest in land be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such term.''. (e) Limitation.--Nothing in any amendment made by this section shall be construed to authorize the Secretary to issue a waiver or make a modification referred to in such amendment. 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: [[Page H654]] ``(5) Letters of intent.--The Secretary may not require an eligible agency to impose a passenger facility fee under section 40117 in order to obtain a letter of intent under this section.''. SEC. 128. GRANTS FROM SMALL AIRPORT FUND. (a) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.--Section 47116 is amended by adding at the end the following: ``(e) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.--In the first fiscal year beginning after the effective date of regulations issued to carry out section 44706(b) with respect to airports described in section 44706(a)(2), and in each of the next 4 fiscal years, the lesser of $15,000,000 or 20 percent of the amounts that would otherwise be distributed to sponsors of airports under subsection (b)(2) shall be used to assist the airports in meeting the terms established by the regulations. If the Secretary publishes in the Federal Register a finding that all the terms established by the regulations have been met, this subsection shall cease to be effective as of the date of such publication.''. (b) Notification of Source of Grant.--Section 47116 is further amended by adding at the end the following: ``(f) Notification of Source of Grant.--Whenever the Secretary makes a grant under this section, the Secretary shall notify the recipient of the grant, in writing, that the source of the grant is from the small airport fund.''. (c) Technical Amendments.--Section 47116(d) is amended-- (1) by striking ``In making'' and inserting the following: ``(1) Construction of new runways.--In making''; (2) by adding at the end the following: ``(2) Airport development for turbine powered aircraft.--In making grants to sponsors described in subsection (b)(1), the Secretary shall give priority consideration to airport development projects to support operations by turbine powered aircraft if the non-Federal share of the project is at least 40 percent.''; and (3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection). SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS. Section 47117(f) (as redesignated by section 104(g) of this Act) is amended to read as follows: ``(f) Discretionary Use of Apportionments.-- ``(1) In general.--Subject to paragraph (2), if the Secretary finds that all or part of an amount of an apportionment under section 47114 is not required during a fiscal year to fund a grant for which the apportionment may be used, the Secretary may use during such fiscal year the amount not so required to make grants for any purpose for which grants may be made under section 48103. The finding may be based on the notifications that the Secretary receives under section 47105(f) or on other information received from airport sponsors. ``(2) Restoration of apportionments.-- ``(A) In general.--If the fiscal year for which a finding is made under paragraph (1) with respect to an apportionment is not the last fiscal year of availability of the apportionment under subsection (b), the Secretary shall restore to the apportionment an amount equal to the amount of the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient amount is made available under section 48103. ``(B) Period of availability.--If restoration under this paragraph is made in the fiscal year for which the finding is made or the succeeding fiscal year, the amount restored shall be subject to the original period of availability of the apportionment under subsection (b). If the restoration is made thereafter, the amount restored shall remain available in accordance with subsection (b) for the original period of availability of the apportionment plus the number of fiscal years during which a sufficient amount was not available for the restoration. ``(3) Newly available amounts.-- ``(A) Restored amounts to be unavailable for discretionary grants.--Of an amount newly available under section 48103 of this title, an amount equal to the amounts restored under paragraph (2) shall not be available for discretionary grant obligations under section 47115. ``(B) Use of remaining amounts.--Subparagraph (A) does not impair the Secretary's authority under paragraph (1), after a restoration under paragraph (2), to apply all or part of a restored amount that is not required to fund a grant under an apportionment to fund discretionary grants. ``(4) Limitations on obligations apply.--Nothing in this subsection shall be construed to authorize the Secretary to incur grant obligations under section 47104 for a fiscal year in an amount greater than the amount made available under section 48103 for such obligations for such fiscal year.''. 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, 1 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 I air traffic control towers, as defined by the Secretary, that do not qualify for the contract tower program established under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the `Contract Tower Program'). ``(B) Program components.--In carrying out the pilot program, the Secretary shall-- ``(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and ``(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower, as required for eligibility under the Contract Tower Program. ``(C) Priority.--In selecting facilities to participate in the pilot program, the Secretary shall give priority to the following facilities: ``(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0. ``(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50. ``(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981. ``(iv) Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter. ``(v) Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs. ``(vi) Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft. ``(vii) Air traffic control towers located at an airport at which the community has been operating the tower at its own expense. ``(D) Costs exceeding benefits.--If the costs of operating an air traffic tower under the pilot program exceed the benefits, the airport sponsor or State or local government having jurisdiction over the airport shall pay the portion of the costs that exceed such benefit. ``(E) Funding.--Subject to paragraph (4)(D), of the amounts appropriated pursuant to section 106(k), not more than $6,000,000 per fiscal year may be used to carry out this paragraph. ``(4) Construction of air traffic control towers.-- ``(A) In general.--Notwithstanding any other provision of this subchapter, the Secretary may provide grants under this subchapter to not more than 2 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: [[Page H655]] ``Sec. 47135. Innovative financing techniques ``(a) In General.--The Secretary of Transportation may approve applications for not more than 20 airport development projects for which grants received under this subchapter may be used for innovative financing techniques. Such projects shall be located at airports that each year have less than .25 percent of the total number of passenger boardings each year at all commercial service airports in the most recent calendar year for which data is available. ``(b) Purpose.--The purpose of grants made under this section shall be to provide information on the benefits and difficulties of using innovative financing techniques for airport development projects. ``(c) Limitations.-- ``(1) No guarantees.--In no case shall the implementation of an innovative financing technique under this section be used in a manner giving rise to a direct or indirect guarantee of any airport debt instrument by the United States Government. ``(2) Types of techniques.--In this section, innovative financing techniques are limited to-- ``(A) payment of interest; ``(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development; ``(C) flexible non-Federal matching requirements; and ``(D) use of funds apportioned under section 47114 for the payment of principal and interest of terminal development for costs incurred before the date of enactment of this section.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 471 is amended by adding at the end the following: ``47135. Innovative financing techniques.''. 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: ``Sec. 47136. Inherently low-emission airport vehicle pilot program ``(a) In General.--The Secretary of Transportation shall carry out a pilot program at not more than 10 public-use airports under which the sponsors of such airports may use funds made available under section 48103 for use at such airports to carry out inherently low-emission vehicle activiti

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CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY
(House of Representatives - March 08, 2000)

Text of this article available as: TXT PDF [Pages H649-H704] CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY Mr. SHUSTER submitted the following conference report and statement on the bill (H.R. 1000) to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes: Conference Report (H. Rept. 106-513) The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 1000), to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: 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.-- Sec. 1. Short title; table of contents. Sec. 2. Amendments to title 49, United States Code. Sec. 3. Applicability. Sec. 4. Definitions. TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS Subtitle A--Funding Sec. 101. Airport improvement program. Sec. 102. Airway facilities improvement program. Sec. 103. FAA operations. Sec. 104. AIP formula changes. Sec. 105. Passenger facility fees. Sec. 106. Funding for aviation programs. Sec. 107. Adjustment to AIP program funding. Sec. 108. Reprogramming notification requirement. Subtitle B--Airport Development Sec. 121. Runway incursion prevention devices and emergency call boxes. Sec. 122. Windshear detection equipment and adjustable lighting extensions. Sec. 123. Pavement maintenance. Sec. 124. Enhanced vision technologies. Sec. 125. Public notice before waiver with respect to land. Sec. 126. Matching share. Sec. 127. Letters of intent. Sec. 128. Grants from small airport fund. Sec. 129. Discretionary use of unused apportionments. Sec. 130. Designating current and former military airports. Sec. 131. Contract tower cost-sharing. Sec. 132. Innovative use of airport grant funds. Sec. 133. Inherently low-emission airport vehicle pilot program. Sec. 134. Airport security program. Sec. 135. Technical amendments. Sec. 136. Conveyances of airport property for public airports. Sec. 137. Intermodal connections. Sec. 138. State block grant program. Sec. 139. 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. Sec. 154. Aircraft noise primarily caused by military aircraft. Sec. 155. Competition plans. Sec. 156. Alaska rural aviation improvement. Sec. 157. Use of recycled materials. Sec. 158. Construction of runways. Sec. 159. Notice of grants. Sec. 160. Airfield pavement conditions. Sec. 161. Report on efforts to implement capacity enhancements. Sec. 162. Prioritization of discretionary projects. Sec. 163. Continuation of reports. TITLE II--AIRLINE SERVICE IMPROVEMENTS Subtitle A--Small Communities Sec. 201. Policy for air service to rural areas. Sec. 202. Waiver of local contribution. Sec. 203. Improved air carrier service to airports not receiving sufficient service. Sec. 204. Preservation of essential air service at single carrier dominated hub airports. Sec. 205. Determination of distance from hub airport. Sec. 206. Report on essential air service. Sec. 207. Marketing practices. [[Page H650]] Sec. 208. Definition of eligible place. Sec. 209. Maintaining the integrity of the essential air service program. Sec. 210. Regional jet service for small communities. Subtitle B--Airline Customer Service Sec. 221. Consumer notification of E-ticket expiration dates. Sec. 222. Increased penalty for violation of aviation consumer protection laws. Sec. 223. Funding of enforcement of airline consumer protections. Sec. 224. Airline customer service reports. Sec. 225. Increased financial responsibility for lost baggage. Sec. 226. Comptroller General investigation. Sec. 227. Airline service quality performance reports. Sec. 228. 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. TITLE III--FAA MANAGEMENT REFORM Sec. 301. Air traffic control system defined. Sec. 302. Air traffic control oversight. Sec. 303. Chief Operating Officer. Sec. 304. Pilot program to permit cost-sharing of air traffic modernization projects. Sec. 305. Clarification of regulatory approval process. Sec. 306. Failure to meet rulemaking deadline. Sec. 307. FAA personnel and acquisition management systems. Sec. 308. Right to contest adverse personnel actions. Sec. 309. Independent study of FAA costs and allocations. Sec. 310. Environmental review of airport improvement projects. Sec. 311. Cost allocation system. Sec. 312. Report on modernization of oceanic ATC system. TITLE IV--FAMILY ASSISTANCE Sec. 401. Responsibilities of National Transportation Safety Board. Sec. 402. Air carrier plans. Sec. 403. Foreign air carrier plans. Sec. 404. Death on the high seas. TITLE V--SAFETY Sec. 501. Airplane emergency locators. Sec. 502. Cargo collision avoidance systems deadlines. Sec. 503. Landfills interfering with air commerce. Sec. 504. Life-limited aircraft parts. Sec. 505. Counterfeit aircraft parts. Sec. 506. 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. 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. TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY Sec. 601. Transfer of functions, powers, and duties. Sec. 602. Transfer of office, personnel and funds. Sec. 603. Amendment of title 49, United States Code. Sec. 604. Savings provision. Sec. 605. National ocean survey. Sec. 606. Sale and distribution of nautical and aeronautical products by NOAA. Sec. 607. Procurement of private enterprise mapping, charting, and geographic information systems. TITLE VII--MISCELLANEOUS PROVISIONS Sec. 701. Duties and powers of Administrator. Sec. 702. Public aircraft. Sec. 703. Prohibition on release of offeror proposals. Sec. 704. FAA evaluation of long-term capital leasing. Sec. 705. Severable services contracts for periods crossing fiscal years. Sec. 706. Prohibitions on discrimination. Sec. 707. Discrimination against handicapped individuals. Sec. 708. Prohibitions against smoking on scheduled flights. Sec. 709. Joint venture agreement. Sec. 710. Reports by carriers on incidents involving animals during air transport. Sec. 711. Extension of war risk insurance program. Sec. 712. General facilities and personnel authority. Sec. 713. Human factors program. Sec. 714. Implementation of Article 83 bis of the Chicago Convention. Sec. 715. Public availability of airmen records. Sec. 716. Review process for emergency orders. Sec. 717. Government and industry consortia. Sec. 718. Passenger manifest. Sec. 719. Cost recovery for foreign aviation services. Sec. 720. Technical corrections to civil penalty provisions. Sec. 721. Waiver under Airport Noise and Capacity Act. Sec. 722. Land use compliance report. Sec. 723. Charter airlines. Sec. 724. Credit for emergency services provided. Sec. 725. Passenger cabin air quality. Sec. 726. Standards for aircraft and aircraft engines to reduce noise levels. Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration project. Sec. 728. Automated surface observation system stations. Sec. 729. Aircraft situational display data. Sec. 730. Elimination of backlog of equal employment opportunity complaints. Sec. 731. Grant of easement, Los Angeles, California. Sec. 732. Regulation of Alaska guide pilots. Sec. 733. National Transportation Data Center of Excellence. Sec. 734. Aircraft repair and maintenance advisory panel. Sec. 735. Operations of air taxi industry. Sec. 736. National airspace redesign. Sec. 737. Compliance with requirements. Sec. 738. FAA consideration of certain State proposals. Sec. 739. Cincinnati-Municipal Blue Ash Airport. Sec. 740. Authority to sell aircraft and aircraft parts for use in responding to oil spills. Sec. 741. Discriminatory practices by computer reservations systems outside the United States. Sec. 742. Specialty metals consortium. Sec. 743. Alkali silica reactivity distress. Sec. 744. Rolling stock equipment. Sec. 745. General Accounting Office airport noise study. Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona. Sec. 747. Nonmilitary helicopter noise. Sec. 748. Newport News, Virginia. Sec. 749. Authority to waive terms of deed of conveyance, Yavapai County, Arizona. Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, Arizona. Sec. 751. Conveyance of airport property to an institution of higher education in Oklahoma. Sec. 752. Former airfield lands, Grant Parish, Louisiana. Sec. 753. Raleigh County, West Virginia, Memorial Airport. Sec. 754. Iditarod area school district. Sec. 755. Alternative power sources for flight data recorders and cockpit voice recorders. Sec. 756. Terminal automated radar display and information system. Sec. 757. Streamlining seat and restraint system certification process and dynamic testing requirements. Sec. 758. Expressing the sense of the Senate concerning air traffic over northern Delaware. Sec. 759. Post Free Flight Phase I activities. Sec. 760. Sense of Congress regarding protecting the frequency spectrum used for aviation communication. Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, Alaska. Sec. 762. Bilateral relationship. TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT Sec. 801. Short title. Sec. 802. Findings. Sec. 803. Air tour management plans for national parks. Sec. 804. Quiet aircraft technology for Grand Canyon. Sec. 805. Advisory group. Sec. 806. 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. TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT Sec. 901. Authorization of appropriations. Sec. 902. Integrated national aviation research plan. Sec. 903. Internet availability of information. Sec. 904. Research on nonstructural aircraft systems. Sec. 905. Research program to improve airfield pavements. Sec. 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. SEC. 3. APPLICABILITY. Except as otherwise specifically provided, this Act and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999. SEC. 4. 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. [[Page H651]] (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. 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: ``(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 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. 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-- ``(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. [[Page H652]] ``(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States. ``(3) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment for each fiscal year as follows: ``(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of-- ``(i) $150,000; or ``(ii) \1/5\ of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103. ``(B) Any remaining amount to States as follows: ``(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. ``(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States. ``(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States. ``(4) Airports in alaska, puerto rico, and hawaii.--An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions. ``(5) Use of state highway specifications.-- ``(A) In general.--The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that-- ``(i) safety will not be negatively affected; and ``(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards. ``(B) Limitation.--An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons. ``(6) Integrated airport system planning.--Notwithstanding any other provision of this subsection, funds made available under this subsection may be used for integrated airport system planning that encompasses one or more primary airports.''. (d) Supplemental Apportionment for Alaska.--Section 47114(e) is amended-- (1) in the subsection heading by striking ``Alternative'' and inserting ``Supplemental''; (2) in paragraph (1)-- (A) by striking ``Instead of apportioning amounts for airports in Alaska under'' and inserting ``In general.-- Notwithstanding''; and (B) by striking ``those airports'' and inserting ``airports in Alaska''; (3) in paragraph (2) by inserting ``Authority for discretionary grants.--'' before ``This subsection''; (4) by striking paragraph (3) and inserting the following: ``(3) Airports eligible for funds.--An amount apportioned under this subsection may be used for any public airport in Alaska. ``(4) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph (1) shall be increased by doubling the amount that would otherwise be apportioned.''; and (5) by indenting paragraph (1) and aligning paragraph (1) (and its subparagraphs) and paragraph (2) with paragraphs (3) and (4) (as added by paragraph (4) of this subsection). (e) Grants for Airport Noise Compatibility Planning.-- Section 47117(e)(1)(A) is amended by striking ``31 percent'' each place it appears and inserting ``34 percent''. (f) Grants for Reliever Airports.--Section 47117(e)(1) is amended by adding at the end the following: ``(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least \2/3\ 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. 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 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). 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: [[Page H653]] (A) 69-8106-0-7-402 (Grants in Aid for Airports). (B) 69-8107-0-7-402 (Facilities and Equipment). (C) 69-8108-0-7-402 (Research and Development). (D) 69-8104-0-7-402 (Trust Fund Share of Operations). (2) Level of receipts plus interest.--The term ``level of receipts plus interest'' means the level of excise taxes and interest credited to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President's budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) (Treasury identification code 20-8103-0-7-402) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. (c) Enforcement of Guarantees.-- (1) Total airport and airway trust fund funding.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for aviation investment programs described in subsection (b) to be less than the amount required by subsection (a)(1)(A) for such fiscal year. (2) Capital priority.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides an appropriation (or any amendment thereto) for any fiscal year through fiscal year 2003 for Research and Development or Operations if the sum of the obligation limitation for Grants-in-Aid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in- Aid for Airports and for Facilities and Equipment for such fiscal year. (d) Conforming Amendment.--Section 48104 is amended-- (1) by striking ``Except as provided in this section,'' in subsection (a); and (2) by striking subsections (b) and (c). SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING. (a) In General.--Chapter 481 is amended by adding at the end the following: ``Sec. 48112. Adjustment to AIP program funding ``On the effective date of a general appropriations Act providing appropriations for a fiscal year beginning after September 30, 2000, for the Federal Aviation Administration, the amount made available for a fiscal year under section 48103 shall be increased by the amount, if any, by which-- ``(1) the amount authorized to be appropriated under section 48101 for such fiscal year; exceeds ``(2) the amounts appropriated for programs funded under such section for such fiscal year. Any contract authority made available by this section shall be subject to an obligation limitation.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``48112. Adjustment to AIP program funding.''. SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT. (a) In General.--Chapter 481 is further amended by adding at the end the following: ``Sec. 48113. Reprogramming notification requirement ``Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.''. (b) Conforming Amendment.--The analysis for chapter 481 is amended by adding at the end the following: ``48113. Reprogramming notification requirement.''. Subtitle B--Airport Development 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. (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 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. 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 land-use assurance.--Before modifying an assurance under subsection (c)(2)(B) that requires any property to be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before making such modification.''. (b) Waiver of Condition on Conveyance of Land.--Section 47125(a) is amended by adding at the end the following: ``Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.''. (c) Surplus Property.--Section 47151 is amended by adding at the end the following: ``(d) Waiver of Condition.--Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.''. (d) Waiver of Certain Term.--Section 47153 is amended by adding at the end the following: ``(c) Public Notice Before Waiver.--Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this section that an interest in land be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such term.''. (e) Limitation.--Nothing in any amendment made by this section shall be construed to authorize the Secretary to issue a waiver or make a modification referred to in such amendment. 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: [[Page H654]] ``(5) Letters of intent.--The Secretary may not require an eligible agency to impose a passenger facility fee under section 40117 in order to obtain a letter of intent under this section.''. SEC. 128. GRANTS FROM SMALL AIRPORT FUND. (a) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.--Section 47116 is amended by adding at the end the following: ``(e) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.--In the first fiscal year beginning after the effective date of regulations issued to carry out section 44706(b) with respect to airports described in section 44706(a)(2), and in each of the next 4 fiscal years, the lesser of $15,000,000 or 20 percent of the amounts that would otherwise be distributed to sponsors of airports under subsection (b)(2) shall be used to assist the airports in meeting the terms established by the regulations. If the Secretary publishes in the Federal Register a finding that all the terms established by the regulations have been met, this subsection shall cease to be effective as of the date of such publication.''. (b) Notification of Source of Grant.--Section 47116 is further amended by adding at the end the following: ``(f) Notification of Source of Grant.--Whenever the Secretary makes a grant under this section, the Secretary shall notify the recipient of the grant, in writing, that the source of the grant is from the small airport fund.''. (c) Technical Amendments.--Section 47116(d) is amended-- (1) by striking ``In making'' and inserting the following: ``(1) Construction of new runways.--In making''; (2) by adding at the end the following: ``(2) Airport development for turbine powered aircraft.--In making grants to sponsors described in subsection (b)(1), the Secretary shall give priority consideration to airport development projects to support operations by turbine powered aircraft if the non-Federal share of the project is at least 40 percent.''; and (3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection). SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS. Section 47117(f) (as redesignated by section 104(g) of this Act) is amended to read as follows: ``(f) Discretionary Use of Apportionments.-- ``(1) In general.--Subject to paragraph (2), if the Secretary finds that all or part of an amount of an apportionment under section 47114 is not required during a fiscal year to fund a grant for which the apportionment may be used, the Secretary may use during such fiscal year the amount not so required to make grants for any purpose for which grants may be made under section 48103. The finding may be based on the notifications that the Secretary receives under section 47105(f) or on other information received from airport sponsors. ``(2) Restoration of apportionments.-- ``(A) In general.--If the fiscal year for which a finding is made under paragraph (1) with respect to an apportionment is not the last fiscal year of availability of the apportionment under subsection (b), the Secretary shall restore to the apportionment an amount equal to the amount of the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient amount is made available under section 48103. ``(B) Period of availability.--If restoration under this paragraph is made in the fiscal year for which the finding is made or the succeeding fiscal year, the amount restored shall be subject to the original period of availability of the apportionment under subsection (b). If the restoration is made thereafter, the amount restored shall remain available in accordance with subsection (b) for the original period of availability of the apportionment plus the number of fiscal years during which a sufficient amount was not available for the restoration. ``(3) Newly available amounts.-- ``(A) Restored amounts to be unavailable for discretionary grants.--Of an amount newly available under section 48103 of this title, an amount equal to the amounts restored under paragraph (2) shall not be available for discretionary grant obligations under section 47115. ``(B) Use of remaining amounts.--Subparagraph (A) does not impair the Secretary's authority under paragraph (1), after a restoration under paragraph (2), to apply all or part of a restored amount that is not required to fund a grant under an apportionment to fund discretionary grants. ``(4) Limitations on obligations apply.--Nothing in this subsection shall be construed to authorize the Secretary to incur grant obligations under section 47104 for a fiscal year in an amount greater than the amount made available under section 48103 for such obligations for such fiscal year.''. 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, 1 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 I air traffic control towers, as defined by the Secretary, that do not qualify for the contract tower program established under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the `Contract Tower Program'). ``(B) Program components.--In carrying out the pilot program, the Secretary shall-- ``(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and ``(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower, as required for eligibility under the Contract Tower Program. ``(C) Priority.--In selecting facilities to participate in the pilot program, the Secretary shall give priority to the following facilities: ``(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0. ``(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50. ``(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981. ``(iv) Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter. ``(v) Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs. ``(vi) Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft. ``(vii) Air traffic control towers located at an airport at which the community has been operating the tower at its own expense. ``(D) Costs exceeding benefits.--If the costs of operating an air traffic tower under the pilot program exceed the benefits, the airport sponsor or State or local government having jurisdiction over the airport shall pay the portion of the costs that exceed such benefit. ``(E) Funding.--Subject to paragraph (4)(D), of the amounts appropriated pursuant to section 106(k), not more than $6,000,000 per fiscal year may be used to carry out this paragraph. ``(4) Construction of air traffic control towers.-- ``(A) In general.--Notwithstanding any other provision of this subchapter, the Secretary may provide grants under this subchapter to not more than 2 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: [[Page H655]] ``Sec. 47135. Innovative financing techniques ``(a) In General.--The Secretary of Transportation may approve applications for not more than 20 airport development projects for which grants received under this subchapter may be used for innovative financing techniques. Such projects shall be located at airports that each year have less than .25 percent of the total number of passenger boardings each year at all commercial service airports in the most recent calendar year for which data is available. ``(b) Purpose.--The purpose of grants made under this section shall be to provide information on the benefits and difficulties of using innovative financing techniques for airport development projects. ``(c) Limitations.-- ``(1) No guarantees.--In no case shall the implementation of an innovative financing technique under this section be used in a manner giving rise to a direct or indirect guarantee of any airport debt instrument by the United States Government. ``(2) Types of techniques.--In this section, innovative financing techniques are limited to-- ``(A) payment of interest; ``(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development; ``(C) flexible non-Federal matching requirements; and ``(D) use of funds apportioned under section 47114 for the payment of principal and interest of terminal development for costs incurred before the date of enactment of this section.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 471 is amended by adding at the end the following: ``47135. Innovative financing techniques.''. 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: ``Sec. 47136. Inherently low-emission airport vehicle pilot program ``(a) In General.--The Secretary of Transportation shall carry out a pilot program at not more than 10 public-use airports under which the sponsors of such airports may use funds made available under section 48103 for use at such airports to carry out inherently low-emission vehicle

Summary:

All articles in House section

CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY
(House of Representatives - March 08, 2000)

Text of this article available as: TXT PDF [Pages H649-H704] CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY Mr. SHUSTER submitted the following conference report and statement on the bill (H.R. 1000) to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes: Conference Report (H. Rept. 106-513) The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 1000), to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: 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.-- Sec. 1. Short title; table of contents. Sec. 2. Amendments to title 49, United States Code. Sec. 3. Applicability. Sec. 4. Definitions. TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS Subtitle A--Funding Sec. 101. Airport improvement program. Sec. 102. Airway facilities improvement program. Sec. 103. FAA operations. Sec. 104. AIP formula changes. Sec. 105. Passenger facility fees. Sec. 106. Funding for aviation programs. Sec. 107. Adjustment to AIP program funding. Sec. 108. Reprogramming notification requirement. Subtitle B--Airport Development Sec. 121. Runway incursion prevention devices and emergency call boxes. Sec. 122. Windshear detection equipment and adjustable lighting extensions. Sec. 123. Pavement maintenance. Sec. 124. Enhanced vision technologies. Sec. 125. Public notice before waiver with respect to land. Sec. 126. Matching share. Sec. 127. Letters of intent. Sec. 128. Grants from small airport fund. Sec. 129. Discretionary use of unused apportionments. Sec. 130. Designating current and former military airports. Sec. 131. Contract tower cost-sharing. Sec. 132. Innovative use of airport grant funds. Sec. 133. Inherently low-emission airport vehicle pilot program. Sec. 134. Airport security program. Sec. 135. Technical amendments. Sec. 136. Conveyances of airport property for public airports. Sec. 137. Intermodal connections. Sec. 138. State block grant program. Sec. 139. 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. Sec. 154. Aircraft noise primarily caused by military aircraft. Sec. 155. Competition plans. Sec. 156. Alaska rural aviation improvement. Sec. 157. Use of recycled materials. Sec. 158. Construction of runways. Sec. 159. Notice of grants. Sec. 160. Airfield pavement conditions. Sec. 161. Report on efforts to implement capacity enhancements. Sec. 162. Prioritization of discretionary projects. Sec. 163. Continuation of reports. TITLE II--AIRLINE SERVICE IMPROVEMENTS Subtitle A--Small Communities Sec. 201. Policy for air service to rural areas. Sec. 202. Waiver of local contribution. Sec. 203. Improved air carrier service to airports not receiving sufficient service. Sec. 204. Preservation of essential air service at single carrier dominated hub airports. Sec. 205. Determination of distance from hub airport. Sec. 206. Report on essential air service. Sec. 207. Marketing practices. [[Page H650]] Sec. 208. Definition of eligible place. Sec. 209. Maintaining the integrity of the essential air service program. Sec. 210. Regional jet service for small communities. Subtitle B--Airline Customer Service Sec. 221. Consumer notification of E-ticket expiration dates. Sec. 222. Increased penalty for violation of aviation consumer protection laws. Sec. 223. Funding of enforcement of airline consumer protections. Sec. 224. Airline customer service reports. Sec. 225. Increased financial responsibility for lost baggage. Sec. 226. Comptroller General investigation. Sec. 227. Airline service quality performance reports. Sec. 228. 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. TITLE III--FAA MANAGEMENT REFORM Sec. 301. Air traffic control system defined. Sec. 302. Air traffic control oversight. Sec. 303. Chief Operating Officer. Sec. 304. Pilot program to permit cost-sharing of air traffic modernization projects. Sec. 305. Clarification of regulatory approval process. Sec. 306. Failure to meet rulemaking deadline. Sec. 307. FAA personnel and acquisition management systems. Sec. 308. Right to contest adverse personnel actions. Sec. 309. Independent study of FAA costs and allocations. Sec. 310. Environmental review of airport improvement projects. Sec. 311. Cost allocation system. Sec. 312. Report on modernization of oceanic ATC system. TITLE IV--FAMILY ASSISTANCE Sec. 401. Responsibilities of National Transportation Safety Board. Sec. 402. Air carrier plans. Sec. 403. Foreign air carrier plans. Sec. 404. Death on the high seas. TITLE V--SAFETY Sec. 501. Airplane emergency locators. Sec. 502. Cargo collision avoidance systems deadlines. Sec. 503. Landfills interfering with air commerce. Sec. 504. Life-limited aircraft parts. Sec. 505. Counterfeit aircraft parts. Sec. 506. 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. 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. TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY Sec. 601. Transfer of functions, powers, and duties. Sec. 602. Transfer of office, personnel and funds. Sec. 603. Amendment of title 49, United States Code. Sec. 604. Savings provision. Sec. 605. National ocean survey. Sec. 606. Sale and distribution of nautical and aeronautical products by NOAA. Sec. 607. Procurement of private enterprise mapping, charting, and geographic information systems. TITLE VII--MISCELLANEOUS PROVISIONS Sec. 701. Duties and powers of Administrator. Sec. 702. Public aircraft. Sec. 703. Prohibition on release of offeror proposals. Sec. 704. FAA evaluation of long-term capital leasing. Sec. 705. Severable services contracts for periods crossing fiscal years. Sec. 706. Prohibitions on discrimination. Sec. 707. Discrimination against handicapped individuals. Sec. 708. Prohibitions against smoking on scheduled flights. Sec. 709. Joint venture agreement. Sec. 710. Reports by carriers on incidents involving animals during air transport. Sec. 711. Extension of war risk insurance program. Sec. 712. General facilities and personnel authority. Sec. 713. Human factors program. Sec. 714. Implementation of Article 83 bis of the Chicago Convention. Sec. 715. Public availability of airmen records. Sec. 716. Review process for emergency orders. Sec. 717. Government and industry consortia. Sec. 718. Passenger manifest. Sec. 719. Cost recovery for foreign aviation services. Sec. 720. Technical corrections to civil penalty provisions. Sec. 721. Waiver under Airport Noise and Capacity Act. Sec. 722. Land use compliance report. Sec. 723. Charter airlines. Sec. 724. Credit for emergency services provided. Sec. 725. Passenger cabin air quality. Sec. 726. Standards for aircraft and aircraft engines to reduce noise levels. Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration project. Sec. 728. Automated surface observation system stations. Sec. 729. Aircraft situational display data. Sec. 730. Elimination of backlog of equal employment opportunity complaints. Sec. 731. Grant of easement, Los Angeles, California. Sec. 732. Regulation of Alaska guide pilots. Sec. 733. National Transportation Data Center of Excellence. Sec. 734. Aircraft repair and maintenance advisory panel. Sec. 735. Operations of air taxi industry. Sec. 736. National airspace redesign. Sec. 737. Compliance with requirements. Sec. 738. FAA consideration of certain State proposals. Sec. 739. Cincinnati-Municipal Blue Ash Airport. Sec. 740. Authority to sell aircraft and aircraft parts for use in responding to oil spills. Sec. 741. Discriminatory practices by computer reservations systems outside the United States. Sec. 742. Specialty metals consortium. Sec. 743. Alkali silica reactivity distress. Sec. 744. Rolling stock equipment. Sec. 745. General Accounting Office airport noise study. Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona. Sec. 747. Nonmilitary helicopter noise. Sec. 748. Newport News, Virginia. Sec. 749. Authority to waive terms of deed of conveyance, Yavapai County, Arizona. Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, Arizona. Sec. 751. Conveyance of airport property to an institution of higher education in Oklahoma. Sec. 752. Former airfield lands, Grant Parish, Louisiana. Sec. 753. Raleigh County, West Virginia, Memorial Airport. Sec. 754. Iditarod area school district. Sec. 755. Alternative power sources for flight data recorders and cockpit voice recorders. Sec. 756. Terminal automated radar display and information system. Sec. 757. Streamlining seat and restraint system certification process and dynamic testing requirements. Sec. 758. Expressing the sense of the Senate concerning air traffic over northern Delaware. Sec. 759. Post Free Flight Phase I activities. Sec. 760. Sense of Congress regarding protecting the frequency spectrum used for aviation communication. Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, Alaska. Sec. 762. Bilateral relationship. TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT Sec. 801. Short title. Sec. 802. Findings. Sec. 803. Air tour management plans for national parks. Sec. 804. Quiet aircraft technology for Grand Canyon. Sec. 805. Advisory group. Sec. 806. 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. TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT Sec. 901. Authorization of appropriations. Sec. 902. Integrated national aviation research plan. Sec. 903. Internet availability of information. Sec. 904. Research on nonstructural aircraft systems. Sec. 905. Research program to improve airfield pavements. Sec. 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. SEC. 3. APPLICABILITY. Except as otherwise specifically provided, this Act and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999. SEC. 4. 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. [[Page H651]] (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. 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: ``(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 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. 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-- ``(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. [[Page H652]] ``(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States. ``(3) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment for each fiscal year as follows: ``(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of-- ``(i) $150,000; or ``(ii) \1/5\ of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103. ``(B) Any remaining amount to States as follows: ``(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. ``(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States. ``(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States. ``(4) Airports in alaska, puerto rico, and hawaii.--An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions. ``(5) Use of state highway specifications.-- ``(A) In general.--The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that-- ``(i) safety will not be negatively affected; and ``(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards. ``(B) Limitation.--An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons. ``(6) Integrated airport system planning.--Notwithstanding any other provision of this subsection, funds made available under this subsection may be used for integrated airport system planning that encompasses one or more primary airports.''. (d) Supplemental Apportionment for Alaska.--Section 47114(e) is amended-- (1) in the subsection heading by striking ``Alternative'' and inserting ``Supplemental''; (2) in paragraph (1)-- (A) by striking ``Instead of apportioning amounts for airports in Alaska under'' and inserting ``In general.-- Notwithstanding''; and (B) by striking ``those airports'' and inserting ``airports in Alaska''; (3) in paragraph (2) by inserting ``Authority for discretionary grants.--'' before ``This subsection''; (4) by striking paragraph (3) and inserting the following: ``(3) Airports eligible for funds.--An amount apportioned under this subsection may be used for any public airport in Alaska. ``(4) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph (1) shall be increased by doubling the amount that would otherwise be apportioned.''; and (5) by indenting paragraph (1) and aligning paragraph (1) (and its subparagraphs) and paragraph (2) with paragraphs (3) and (4) (as added by paragraph (4) of this subsection). (e) Grants for Airport Noise Compatibility Planning.-- Section 47117(e)(1)(A) is amended by striking ``31 percent'' each place it appears and inserting ``34 percent''. (f) Grants for Reliever Airports.--Section 47117(e)(1) is amended by adding at the end the following: ``(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least \2/3\ 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. 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 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). 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: [[Page H653]] (A) 69-8106-0-7-402 (Grants in Aid for Airports). (B) 69-8107-0-7-402 (Facilities and Equipment). (C) 69-8108-0-7-402 (Research and Development). (D) 69-8104-0-7-402 (Trust Fund Share of Operations). (2) Level of receipts plus interest.--The term ``level of receipts plus interest'' means the level of excise taxes and interest credited to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President's budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) (Treasury identification code 20-8103-0-7-402) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. (c) Enforcement of Guarantees.-- (1) Total airport and airway trust fund funding.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for aviation investment programs described in subsection (b) to be less than the amount required by subsection (a)(1)(A) for such fiscal year. (2) Capital priority.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides an appropriation (or any amendment thereto) for any fiscal year through fiscal year 2003 for Research and Development or Operations if the sum of the obligation limitation for Grants-in-Aid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in- Aid for Airports and for Facilities and Equipment for such fiscal year. (d) Conforming Amendment.--Section 48104 is amended-- (1) by striking ``Except as provided in this section,'' in subsection (a); and (2) by striking subsections (b) and (c). SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING. (a) In General.--Chapter 481 is amended by adding at the end the following: ``Sec. 48112. Adjustment to AIP program funding ``On the effective date of a general appropriations Act providing appropriations for a fiscal year beginning after September 30, 2000, for the Federal Aviation Administration, the amount made available for a fiscal year under section 48103 shall be increased by the amount, if any, by which-- ``(1) the amount authorized to be appropriated under section 48101 for such fiscal year; exceeds ``(2) the amounts appropriated for programs funded under such section for such fiscal year. Any contract authority made available by this section shall be subject to an obligation limitation.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``48112. Adjustment to AIP program funding.''. SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT. (a) In General.--Chapter 481 is further amended by adding at the end the following: ``Sec. 48113. Reprogramming notification requirement ``Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.''. (b) Conforming Amendment.--The analysis for chapter 481 is amended by adding at the end the following: ``48113. Reprogramming notification requirement.''. Subtitle B--Airport Development 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. (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 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. 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 land-use assurance.--Before modifying an assurance under subsection (c)(2)(B) that requires any property to be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before making such modification.''. (b) Waiver of Condition on Conveyance of Land.--Section 47125(a) is amended by adding at the end the following: ``Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.''. (c) Surplus Property.--Section 47151 is amended by adding at the end the following: ``(d) Waiver of Condition.--Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.''. (d) Waiver of Certain Term.--Section 47153 is amended by adding at the end the following: ``(c) Public Notice Before Waiver.--Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this section that an interest in land be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such term.''. (e) Limitation.--Nothing in any amendment made by this section shall be construed to authorize the Secretary to issue a waiver or make a modification referred to in such amendment. 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: [[Page H654]] ``(5) Letters of intent.--The Secretary may not require an eligible agency to impose a passenger facility fee under section 40117 in order to obtain a letter of intent under this section.''. SEC. 128. GRANTS FROM SMALL AIRPORT FUND. (a) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.--Section 47116 is amended by adding at the end the following: ``(e) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.--In the first fiscal year beginning after the effective date of regulations issued to carry out section 44706(b) with respect to airports described in section 44706(a)(2), and in each of the next 4 fiscal years, the lesser of $15,000,000 or 20 percent of the amounts that would otherwise be distributed to sponsors of airports under subsection (b)(2) shall be used to assist the airports in meeting the terms established by the regulations. If the Secretary publishes in the Federal Register a finding that all the terms established by the regulations have been met, this subsection shall cease to be effective as of the date of such publication.''. (b) Notification of Source of Grant.--Section 47116 is further amended by adding at the end the following: ``(f) Notification of Source of Grant.--Whenever the Secretary makes a grant under this section, the Secretary shall notify the recipient of the grant, in writing, that the source of the grant is from the small airport fund.''. (c) Technical Amendments.--Section 47116(d) is amended-- (1) by striking ``In making'' and inserting the following: ``(1) Construction of new runways.--In making''; (2) by adding at the end the following: ``(2) Airport development for turbine powered aircraft.--In making grants to sponsors described in subsection (b)(1), the Secretary shall give priority consideration to airport development projects to support operations by turbine powered aircraft if the non-Federal share of the project is at least 40 percent.''; and (3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection). SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS. Section 47117(f) (as redesignated by section 104(g) of this Act) is amended to read as follows: ``(f) Discretionary Use of Apportionments.-- ``(1) In general.--Subject to paragraph (2), if the Secretary finds that all or part of an amount of an apportionment under section 47114 is not required during a fiscal year to fund a grant for which the apportionment may be used, the Secretary may use during such fiscal year the amount not so required to make grants for any purpose for which grants may be made under section 48103. The finding may be based on the notifications that the Secretary receives under section 47105(f) or on other information received from airport sponsors. ``(2) Restoration of apportionments.-- ``(A) In general.--If the fiscal year for which a finding is made under paragraph (1) with respect to an apportionment is not the last fiscal year of availability of the apportionment under subsection (b), the Secretary shall restore to the apportionment an amount equal to the amount of the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient amount is made available under section 48103. ``(B) Period of availability.--If restoration under this paragraph is made in the fiscal year for which the finding is made or the succeeding fiscal year, the amount restored shall be subject to the original period of availability of the apportionment under subsection (b). If the restoration is made thereafter, the amount restored shall remain available in accordance with subsection (b) for the original period of availability of the apportionment plus the number of fiscal years during which a sufficient amount was not available for the restoration. ``(3) Newly available amounts.-- ``(A) Restored amounts to be unavailable for discretionary grants.--Of an amount newly available under section 48103 of this title, an amount equal to the amounts restored under paragraph (2) shall not be available for discretionary grant obligations under section 47115. ``(B) Use of remaining amounts.--Subparagraph (A) does not impair the Secretary's authority under paragraph (1), after a restoration under paragraph (2), to apply all or part of a restored amount that is not required to fund a grant under an apportionment to fund discretionary grants. ``(4) Limitations on obligations apply.--Nothing in this subsection shall be construed to authorize the Secretary to incur grant obligations under section 47104 for a fiscal year in an amount greater than the amount made available under section 48103 for such obligations for such fiscal year.''. 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, 1 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 I air traffic control towers, as defined by the Secretary, that do not qualify for the contract tower program established under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the `Contract Tower Program'). ``(B) Program components.--In carrying out the pilot program, the Secretary shall-- ``(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and ``(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower, as required for eligibility under the Contract Tower Program. ``(C) Priority.--In selecting facilities to participate in the pilot program, the Secretary shall give priority to the following facilities: ``(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0. ``(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50. ``(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981. ``(iv) Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter. ``(v) Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs. ``(vi) Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft. ``(vii) Air traffic control towers located at an airport at which the community has been operating the tower at its own expense. ``(D) Costs exceeding benefits.--If the costs of operating an air traffic tower under the pilot program exceed the benefits, the airport sponsor or State or local government having jurisdiction over the airport shall pay the portion of the costs that exceed such benefit. ``(E) Funding.--Subject to paragraph (4)(D), of the amounts appropriated pursuant to section 106(k), not more than $6,000,000 per fiscal year may be used to carry out this paragraph. ``(4) Construction of air traffic control towers.-- ``(A) In general.--Notwithstanding any other provision of this subchapter, the Secretary may provide grants under this subchapter to not more than 2 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: [[Page H655]] ``Sec. 47135. Innovative financing techniques ``(a) In General.--The Secretary of Transportation may approve applications for not more than 20 airport development projects for which grants received under this subchapter may be used for innovative financing techniques. Such projects shall be located at airports that each year have less than .25 percent of the total number of passenger boardings each year at all commercial service airports in the most recent calendar year for which data is available. ``(b) Purpose.--The purpose of grants made under this section shall be to provide information on the benefits and difficulties of using innovative financing techniques for airport development projects. ``(c) Limitations.-- ``(1) No guarantees.--In no case shall the implementation of an innovative financing technique under this section be used in a manner giving rise to a direct or indirect guarantee of any airport debt instrument by the United States Government. ``(2) Types of techniques.--In this section, innovative financing techniques are limited to-- ``(A) payment of interest; ``(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development; ``(C) flexible non-Federal matching requirements; and ``(D) use of funds apportioned under section 47114 for the payment of principal and interest of terminal development for costs incurred before the date of enactment of this section.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 471 is amended by adding at the end the following: ``47135. Innovative financing techniques.''. 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: ``Sec. 47136. Inherently low-emission airport vehicle pilot program ``(a) In General.--The Secretary of Transportation shall carry out a pilot program at not more than 10 public-use airports under which the sponsors of such airports may use funds made available under section 48103 for use at such airports to carry out inherently low-emission vehicle activiti

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CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY
(House of Representatives - March 08, 2000)

Text of this article available as: TXT PDF [Pages H649-H704] CONFERENCE REPORT ON H.R. 1000, WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY Mr. SHUSTER submitted the following conference report and statement on the bill (H.R. 1000) to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes: Conference Report (H. Rept. 106-513) The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 1000), to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: 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.-- Sec. 1. Short title; table of contents. Sec. 2. Amendments to title 49, United States Code. Sec. 3. Applicability. Sec. 4. Definitions. TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS Subtitle A--Funding Sec. 101. Airport improvement program. Sec. 102. Airway facilities improvement program. Sec. 103. FAA operations. Sec. 104. AIP formula changes. Sec. 105. Passenger facility fees. Sec. 106. Funding for aviation programs. Sec. 107. Adjustment to AIP program funding. Sec. 108. Reprogramming notification requirement. Subtitle B--Airport Development Sec. 121. Runway incursion prevention devices and emergency call boxes. Sec. 122. Windshear detection equipment and adjustable lighting extensions. Sec. 123. Pavement maintenance. Sec. 124. Enhanced vision technologies. Sec. 125. Public notice before waiver with respect to land. Sec. 126. Matching share. Sec. 127. Letters of intent. Sec. 128. Grants from small airport fund. Sec. 129. Discretionary use of unused apportionments. Sec. 130. Designating current and former military airports. Sec. 131. Contract tower cost-sharing. Sec. 132. Innovative use of airport grant funds. Sec. 133. Inherently low-emission airport vehicle pilot program. Sec. 134. Airport security program. Sec. 135. Technical amendments. Sec. 136. Conveyances of airport property for public airports. Sec. 137. Intermodal connections. Sec. 138. State block grant program. Sec. 139. 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. Sec. 154. Aircraft noise primarily caused by military aircraft. Sec. 155. Competition plans. Sec. 156. Alaska rural aviation improvement. Sec. 157. Use of recycled materials. Sec. 158. Construction of runways. Sec. 159. Notice of grants. Sec. 160. Airfield pavement conditions. Sec. 161. Report on efforts to implement capacity enhancements. Sec. 162. Prioritization of discretionary projects. Sec. 163. Continuation of reports. TITLE II--AIRLINE SERVICE IMPROVEMENTS Subtitle A--Small Communities Sec. 201. Policy for air service to rural areas. Sec. 202. Waiver of local contribution. Sec. 203. Improved air carrier service to airports not receiving sufficient service. Sec. 204. Preservation of essential air service at single carrier dominated hub airports. Sec. 205. Determination of distance from hub airport. Sec. 206. Report on essential air service. Sec. 207. Marketing practices. [[Page H650]] Sec. 208. Definition of eligible place. Sec. 209. Maintaining the integrity of the essential air service program. Sec. 210. Regional jet service for small communities. Subtitle B--Airline Customer Service Sec. 221. Consumer notification of E-ticket expiration dates. Sec. 222. Increased penalty for violation of aviation consumer protection laws. Sec. 223. Funding of enforcement of airline consumer protections. Sec. 224. Airline customer service reports. Sec. 225. Increased financial responsibility for lost baggage. Sec. 226. Comptroller General investigation. Sec. 227. Airline service quality performance reports. Sec. 228. 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. TITLE III--FAA MANAGEMENT REFORM Sec. 301. Air traffic control system defined. Sec. 302. Air traffic control oversight. Sec. 303. Chief Operating Officer. Sec. 304. Pilot program to permit cost-sharing of air traffic modernization projects. Sec. 305. Clarification of regulatory approval process. Sec. 306. Failure to meet rulemaking deadline. Sec. 307. FAA personnel and acquisition management systems. Sec. 308. Right to contest adverse personnel actions. Sec. 309. Independent study of FAA costs and allocations. Sec. 310. Environmental review of airport improvement projects. Sec. 311. Cost allocation system. Sec. 312. Report on modernization of oceanic ATC system. TITLE IV--FAMILY ASSISTANCE Sec. 401. Responsibilities of National Transportation Safety Board. Sec. 402. Air carrier plans. Sec. 403. Foreign air carrier plans. Sec. 404. Death on the high seas. TITLE V--SAFETY Sec. 501. Airplane emergency locators. Sec. 502. Cargo collision avoidance systems deadlines. Sec. 503. Landfills interfering with air commerce. Sec. 504. Life-limited aircraft parts. Sec. 505. Counterfeit aircraft parts. Sec. 506. 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. 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. TITLE VI--TRANSFER OF AERONAUTICAL CHARTING ACTIVITY Sec. 601. Transfer of functions, powers, and duties. Sec. 602. Transfer of office, personnel and funds. Sec. 603. Amendment of title 49, United States Code. Sec. 604. Savings provision. Sec. 605. National ocean survey. Sec. 606. Sale and distribution of nautical and aeronautical products by NOAA. Sec. 607. Procurement of private enterprise mapping, charting, and geographic information systems. TITLE VII--MISCELLANEOUS PROVISIONS Sec. 701. Duties and powers of Administrator. Sec. 702. Public aircraft. Sec. 703. Prohibition on release of offeror proposals. Sec. 704. FAA evaluation of long-term capital leasing. Sec. 705. Severable services contracts for periods crossing fiscal years. Sec. 706. Prohibitions on discrimination. Sec. 707. Discrimination against handicapped individuals. Sec. 708. Prohibitions against smoking on scheduled flights. Sec. 709. Joint venture agreement. Sec. 710. Reports by carriers on incidents involving animals during air transport. Sec. 711. Extension of war risk insurance program. Sec. 712. General facilities and personnel authority. Sec. 713. Human factors program. Sec. 714. Implementation of Article 83 bis of the Chicago Convention. Sec. 715. Public availability of airmen records. Sec. 716. Review process for emergency orders. Sec. 717. Government and industry consortia. Sec. 718. Passenger manifest. Sec. 719. Cost recovery for foreign aviation services. Sec. 720. Technical corrections to civil penalty provisions. Sec. 721. Waiver under Airport Noise and Capacity Act. Sec. 722. Land use compliance report. Sec. 723. Charter airlines. Sec. 724. Credit for emergency services provided. Sec. 725. Passenger cabin air quality. Sec. 726. Standards for aircraft and aircraft engines to reduce noise levels. Sec. 727. Taos Pueblo and Blue Lakes Wilderness Area demonstration project. Sec. 728. Automated surface observation system stations. Sec. 729. Aircraft situational display data. Sec. 730. Elimination of backlog of equal employment opportunity complaints. Sec. 731. Grant of easement, Los Angeles, California. Sec. 732. Regulation of Alaska guide pilots. Sec. 733. National Transportation Data Center of Excellence. Sec. 734. Aircraft repair and maintenance advisory panel. Sec. 735. Operations of air taxi industry. Sec. 736. National airspace redesign. Sec. 737. Compliance with requirements. Sec. 738. FAA consideration of certain State proposals. Sec. 739. Cincinnati-Municipal Blue Ash Airport. Sec. 740. Authority to sell aircraft and aircraft parts for use in responding to oil spills. Sec. 741. Discriminatory practices by computer reservations systems outside the United States. Sec. 742. Specialty metals consortium. Sec. 743. Alkali silica reactivity distress. Sec. 744. Rolling stock equipment. Sec. 745. General Accounting Office airport noise study. Sec. 746. Noise study of Sky Harbor Airport, Phoenix, Arizona. Sec. 747. Nonmilitary helicopter noise. Sec. 748. Newport News, Virginia. Sec. 749. Authority to waive terms of deed of conveyance, Yavapai County, Arizona. Sec. 750. Authority to waive terms of deed of conveyance, Pinal County, Arizona. Sec. 751. Conveyance of airport property to an institution of higher education in Oklahoma. Sec. 752. Former airfield lands, Grant Parish, Louisiana. Sec. 753. Raleigh County, West Virginia, Memorial Airport. Sec. 754. Iditarod area school district. Sec. 755. Alternative power sources for flight data recorders and cockpit voice recorders. Sec. 756. Terminal automated radar display and information system. Sec. 757. Streamlining seat and restraint system certification process and dynamic testing requirements. Sec. 758. Expressing the sense of the Senate concerning air traffic over northern Delaware. Sec. 759. Post Free Flight Phase I activities. Sec. 760. Sense of Congress regarding protecting the frequency spectrum used for aviation communication. Sec. 761. Land exchanges, Fort Richardson and Elmendorf Air Force Base, Alaska. Sec. 762. Bilateral relationship. TITLE VIII--NATIONAL PARKS AIR TOUR MANAGEMENT Sec. 801. Short title. Sec. 802. Findings. Sec. 803. Air tour management plans for national parks. Sec. 804. Quiet aircraft technology for Grand Canyon. Sec. 805. Advisory group. Sec. 806. 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. TITLE IX--FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT Sec. 901. Authorization of appropriations. Sec. 902. Integrated national aviation research plan. Sec. 903. Internet availability of information. Sec. 904. Research on nonstructural aircraft systems. Sec. 905. Research program to improve airfield pavements. Sec. 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. SEC. 3. APPLICABILITY. Except as otherwise specifically provided, this Act and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999. SEC. 4. 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. [[Page H651]] (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. 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: ``(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 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. 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-- ``(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. [[Page H652]] ``(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States. ``(3) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment for each fiscal year as follows: ``(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of-- ``(i) $150,000; or ``(ii) \1/5\ of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103. ``(B) Any remaining amount to States as follows: ``(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. ``(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States. ``(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States. ``(4) Airports in alaska, puerto rico, and hawaii.--An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions. ``(5) Use of state highway specifications.-- ``(A) In general.--The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that-- ``(i) safety will not be negatively affected; and ``(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards. ``(B) Limitation.--An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons. ``(6) Integrated airport system planning.--Notwithstanding any other provision of this subsection, funds made available under this subsection may be used for integrated airport system planning that encompasses one or more primary airports.''. (d) Supplemental Apportionment for Alaska.--Section 47114(e) is amended-- (1) in the subsection heading by striking ``Alternative'' and inserting ``Supplemental''; (2) in paragraph (1)-- (A) by striking ``Instead of apportioning amounts for airports in Alaska under'' and inserting ``In general.-- Notwithstanding''; and (B) by striking ``those airports'' and inserting ``airports in Alaska''; (3) in paragraph (2) by inserting ``Authority for discretionary grants.--'' before ``This subsection''; (4) by striking paragraph (3) and inserting the following: ``(3) Airports eligible for funds.--An amount apportioned under this subsection may be used for any public airport in Alaska. ``(4) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph (1) shall be increased by doubling the amount that would otherwise be apportioned.''; and (5) by indenting paragraph (1) and aligning paragraph (1) (and its subparagraphs) and paragraph (2) with paragraphs (3) and (4) (as added by paragraph (4) of this subsection). (e) Grants for Airport Noise Compatibility Planning.-- Section 47117(e)(1)(A) is amended by striking ``31 percent'' each place it appears and inserting ``34 percent''. (f) Grants for Reliever Airports.--Section 47117(e)(1) is amended by adding at the end the following: ``(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least \2/3\ 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. 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 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). 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: [[Page H653]] (A) 69-8106-0-7-402 (Grants in Aid for Airports). (B) 69-8107-0-7-402 (Facilities and Equipment). (C) 69-8108-0-7-402 (Research and Development). (D) 69-8104-0-7-402 (Trust Fund Share of Operations). (2) Level of receipts plus interest.--The term ``level of receipts plus interest'' means the level of excise taxes and interest credited to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President's budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) (Treasury identification code 20-8103-0-7-402) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. (c) Enforcement of Guarantees.-- (1) Total airport and airway trust fund funding.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for aviation investment programs described in subsection (b) to be less than the amount required by subsection (a)(1)(A) for such fiscal year. (2) Capital priority.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides an appropriation (or any amendment thereto) for any fiscal year through fiscal year 2003 for Research and Development or Operations if the sum of the obligation limitation for Grants-in-Aid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in- Aid for Airports and for Facilities and Equipment for such fiscal year. (d) Conforming Amendment.--Section 48104 is amended-- (1) by striking ``Except as provided in this section,'' in subsection (a); and (2) by striking subsections (b) and (c). SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING. (a) In General.--Chapter 481 is amended by adding at the end the following: ``Sec. 48112. Adjustment to AIP program funding ``On the effective date of a general appropriations Act providing appropriations for a fiscal year beginning after September 30, 2000, for the Federal Aviation Administration, the amount made available for a fiscal year under section 48103 shall be increased by the amount, if any, by which-- ``(1) the amount authorized to be appropriated under section 48101 for such fiscal year; exceeds ``(2) the amounts appropriated for programs funded under such section for such fiscal year. Any contract authority made available by this section shall be subject to an obligation limitation.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``48112. Adjustment to AIP program funding.''. SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT. (a) In General.--Chapter 481 is further amended by adding at the end the following: ``Sec. 48113. Reprogramming notification requirement ``Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.''. (b) Conforming Amendment.--The analysis for chapter 481 is amended by adding at the end the following: ``48113. Reprogramming notification requirement.''. Subtitle B--Airport Development 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. (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 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. 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 land-use assurance.--Before modifying an assurance under subsection (c)(2)(B) that requires any property to be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before making such modification.''. (b) Waiver of Condition on Conveyance of Land.--Section 47125(a) is amended by adding at the end the following: ``Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.''. (c) Surplus Property.--Section 47151 is amended by adding at the end the following: ``(d) Waiver of Condition.--Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.''. (d) Waiver of Certain Term.--Section 47153 is amended by adding at the end the following: ``(c) Public Notice Before Waiver.--Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this section that an interest in land be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such term.''. (e) Limitation.--Nothing in any amendment made by this section shall be construed to authorize the Secretary to issue a waiver or make a modification referred to in such amendment. 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: [[Page H654]] ``(5) Letters of intent.--The Secretary may not require an eligible agency to impose a passenger facility fee under section 40117 in order to obtain a letter of intent under this section.''. SEC. 128. GRANTS FROM SMALL AIRPORT FUND. (a) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.--Section 47116 is amended by adding at the end the following: ``(e) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.--In the first fiscal year beginning after the effective date of regulations issued to carry out section 44706(b) with respect to airports described in section 44706(a)(2), and in each of the next 4 fiscal years, the lesser of $15,000,000 or 20 percent of the amounts that would otherwise be distributed to sponsors of airports under subsection (b)(2) shall be used to assist the airports in meeting the terms established by the regulations. If the Secretary publishes in the Federal Register a finding that all the terms established by the regulations have been met, this subsection shall cease to be effective as of the date of such publication.''. (b) Notification of Source of Grant.--Section 47116 is further amended by adding at the end the following: ``(f) Notification of Source of Grant.--Whenever the Secretary makes a grant under this section, the Secretary shall notify the recipient of the grant, in writing, that the source of the grant is from the small airport fund.''. (c) Technical Amendments.--Section 47116(d) is amended-- (1) by striking ``In making'' and inserting the following: ``(1) Construction of new runways.--In making''; (2) by adding at the end the following: ``(2) Airport development for turbine powered aircraft.--In making grants to sponsors described in subsection (b)(1), the Secretary shall give priority consideration to airport development projects to support operations by turbine powered aircraft if the non-Federal share of the project is at least 40 percent.''; and (3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection). SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS. Section 47117(f) (as redesignated by section 104(g) of this Act) is amended to read as follows: ``(f) Discretionary Use of Apportionments.-- ``(1) In general.--Subject to paragraph (2), if the Secretary finds that all or part of an amount of an apportionment under section 47114 is not required during a fiscal year to fund a grant for which the apportionment may be used, the Secretary may use during such fiscal year the amount not so required to make grants for any purpose for which grants may be made under section 48103. The finding may be based on the notifications that the Secretary receives under section 47105(f) or on other information received from airport sponsors. ``(2) Restoration of apportionments.-- ``(A) In general.--If the fiscal year for which a finding is made under paragraph (1) with respect to an apportionment is not the last fiscal year of availability of the apportionment under subsection (b), the Secretary shall restore to the apportionment an amount equal to the amount of the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient amount is made available under section 48103. ``(B) Period of availability.--If restoration under this paragraph is made in the fiscal year for which the finding is made or the succeeding fiscal year, the amount restored shall be subject to the original period of availability of the apportionment under subsection (b). If the restoration is made thereafter, the amount restored shall remain available in accordance with subsection (b) for the original period of availability of the apportionment plus the number of fiscal years during which a sufficient amount was not available for the restoration. ``(3) Newly available amounts.-- ``(A) Restored amounts to be unavailable for discretionary grants.--Of an amount newly available under section 48103 of this title, an amount equal to the amounts restored under paragraph (2) shall not be available for discretionary grant obligations under section 47115. ``(B) Use of remaining amounts.--Subparagraph (A) does not impair the Secretary's authority under paragraph (1), after a restoration under paragraph (2), to apply all or part of a restored amount that is not required to fund a grant under an apportionment to fund discretionary grants. ``(4) Limitations on obligations apply.--Nothing in this subsection shall be construed to authorize the Secretary to incur grant obligations under section 47104 for a fiscal year in an amount greater than the amount made available under section 48103 for such obligations for such fiscal year.''. 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, 1 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 I air traffic control towers, as defined by the Secretary, that do not qualify for the contract tower program established under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the `Contract Tower Program'). ``(B) Program components.--In carrying out the pilot program, the Secretary shall-- ``(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and ``(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower, as required for eligibility under the Contract Tower Program. ``(C) Priority.--In selecting facilities to participate in the pilot program, the Secretary shall give priority to the following facilities: ``(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0. ``(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50. ``(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981. ``(iv) Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter. ``(v) Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs. ``(vi) Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft. ``(vii) Air traffic control towers located at an airport at which the community has been operating the tower at its own expense. ``(D) Costs exceeding benefits.--If the costs of operating an air traffic tower under the pilot program exceed the benefits, the airport sponsor or State or local government having jurisdiction over the airport shall pay the portion of the costs that exceed such benefit. ``(E) Funding.--Subject to paragraph (4)(D), of the amounts appropriated pursuant to section 106(k), not more than $6,000,000 per fiscal year may be used to carry out this paragraph. ``(4) Construction of air traffic control towers.-- ``(A) In general.--Notwithstanding any other provision of this subchapter, the Secretary may provide grants under this subchapter to not more than 2 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: [[Page H655]] ``Sec. 47135. Innovative financing techniques ``(a) In General.--The Secretary of Transportation may approve applications for not more than 20 airport development projects for which grants received under this subchapter may be used for innovative financing techniques. Such projects shall be located at airports that each year have less than .25 percent of the total number of passenger boardings each year at all commercial service airports in the most recent calendar year for which data is available. ``(b) Purpose.--The purpose of grants made under this section shall be to provide information on the benefits and difficulties of using innovative financing techniques for airport development projects. ``(c) Limitations.-- ``(1) No guarantees.--In no case shall the implementation of an innovative financing technique under this section be used in a manner giving rise to a direct or indirect guarantee of any airport debt instrument by the United States Government. ``(2) Types of techniques.--In this section, innovative financing techniques are limited to-- ``(A) payment of interest; ``(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development; ``(C) flexible non-Federal matching requirements; and ``(D) use of funds apportioned under section 47114 for the payment of principal and interest of terminal development for costs incurred before the date of enactment of this section.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 471 is amended by adding at the end the following: ``47135. Innovative financing techniques.''. 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: ``Sec. 47136. Inherently low-emission airport vehicle pilot program ``(a) In General.--The Secretary of Transportation shall carry out a pilot program at not more than 10 public-use airports under which the sponsors of such airports may use funds made available under section 48103 for use at such airports to carry out inherently low-emission vehicle