[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Engrossed Amendment Senate (EAS)]
103d CONGRESS
2d Session
H. R. 2739
_______________________________________________________________________
AMENDMENT
In the Senate of the United States,
June 16 (legislative day, June 7), 1994.
Resolved, That the bill from the House of Representatives (H.R.
2739) entitled ``An Act to amend the Airport and Airway Improvement Act
of 1982 to authorize appropriations for fiscal years 1994, 1995, and
1996, and for other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Aviation Administration
Authorization Act of 1994''.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 AMENDMENTS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION.
(a) Authorization.--The second sentence of section 505(a) of the
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is
amended--
(1) by striking ``and'' immediately after ``1993,'';
(2) by striking ``$15,413,157,000'' and inserting in lieu
thereof ``$17,463,157,000''; and
(3) by inserting ``, $19,663,157,000 for fiscal years
ending before October 1, 1995, and $21,943,157,000 for fiscal
years ending before October 1, 1996'' immediately before the
period at the end.
(b) Obligational Authority.--Section 505(b)(1) of the Airport and
Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is amended
by striking ``June 30, 1994'' and inserting in lieu thereof ``September
30, 1996''.
SEC. 102. INNOVATIVE TECHNOLOGY.
Section 502(a) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2201(a)) is amended by striking ``and'' at the end of
paragraph (13); by striking the period at the end of paragraph (14) and
inserting in lieu thereof a semicolon; and by inserting immediately
after paragraph (14) the following new paragraph:
``(15) it is in the national interest to encourage projects
that employ innovative technology, concepts, and approaches
that will promote safety, capacity, and efficiency improvements
in the construction of airports and in the air transportation
system, and it is therefore an objective of this Act that the
Secretary encourage and solicit innovative technology proposals
and activities in the expenditure of funding pursuant to the
Act;''.
SEC. 103. DEFINITION OF AIRPORT DEVELOPMENT.
Section 503(a)(2) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2202(a)(2)) is amended--
(1) in subparagraph (B)(ii), by inserting ``(including
explosive detection devices) and universal access systems''
immediately after ``safety or security equipment''; and
(2) in subparagraph (F), by striking ``and if funded by a
grant under this title,''.
SEC. 104. PREVENTIVE MAINTENANCE.
Section 505 of the Airport and Airway Improvement Act of 1982 (49
App. U.S.C. 2204) is amended by adding at the end the following new
subsection:
``(e) Preventive Maintenance.--(1) After January 1, 1995, no funds
made available for an airport pursuant to a grant under this title
shall be available for the replacement or reconstruction of pavement
unless the sponsor has provided such assurances or certifications as
the Secretary may determine appropriate that such airport has
implemented an effective pavement maintenance/management program. The
Secretary may require such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
``(2) Not later than 1 year after the date of enactment of this
subsection, the Secretary shall issue such regulations as may be
necessary to ensure that no product shall be used for pavement
maintenance or rehabilitation under this section unless the
manufacturer of such product warrants to the satisfaction of the
Secretary the performance of such product.''.
SEC. 105. LANDING AIDS AND NAVIGATIONAL EQUIPMENT INVENTORY POOL.
Section 506(a) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2205(a)) is amended by adding at the end the following
new paragraph:
``(4) Landing aids and navigational equipment inventory
pool.--
``(A) Establishment of program.--Not later than
December 31, 1993, and notwithstanding any other
provision of this title, the Secretary shall establish
and implement a program to purchase and reserve an
inventory of precision approach instrument landing
system equipment, to be made available on an expedited
basis for installation at airports.
``(B) Authorization.--No less than $30,000,000 of
the amounts appropriated under paragraph (1) for each
of the fiscal years 1994, 1995, and 1996 shall be
available for the purpose of carrying out this
paragraph, including acquisition, site preparation
work, installation, and related expenditures.''.
SEC. 106. MICROWAVE LANDING SYSTEM.
Section 506(a) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2205(a)), as amended by this Act, is further amended by
adding at the end the following new paragraph:
``(5) Microwave landing system.--Notwithstanding any other
provision of law, none of the amounts appropriated under this
subsection may be used for the development or procurement of
the microwave landing system, except as necessary to meet
obligations of the Government that may arise under contracts in
effect on January 1, 1994.''.
SEC. 107. PRESERVATION OF FUNDS AND PRIORITY FOR AIRPORT AND AIRWAY
PROGRAMS.
Section 506(e)(5) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2205(e)(5)) is amended by striking ``September 30,
1995,'' and inserting in lieu thereof ``September 30, 1996,''.
SEC. 108. MILITARY AIRPORT SET-ASIDE.
Section 508(d)(5) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2207(d)(5)) is amended by striking ``each of fiscal
years 1994 and 1995'' and inserting in lieu thereof ``fiscal year 1994
and each of the fiscal years thereafter''.
SEC. 109. MILITARY AIRPORT PROGRAM.
Section 508(f) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2207(f)) is amended--
(1) by amending the subsection heading to read as follows:
``(f) Military Airport Program.--'';
(2) by amending paragraph (1) to read as follows:
``(1) Designation.--The Secretary may designate one or more
military airports to receive funds distributed under subsection
(d)(5). Airports designated under this subsection prior to the
date of enactment of the Federal Aviation Administration
Authorization Act of 1994 shall remain eligible to receive
grants under subsection (d)(5).'';
(3) by striking paragraph (2);
(4) in paragraph (3)--
(A) by striking ``and in conducting the survey
under paragraph (2)'';
(B) by striking ``current or military airports''
and inserting in lieu thereof ``military airports
listed in the reports issued by the Defense Base
Closure and Realignment Commission''; and
(C) by inserting ``most'' immediately before
``enhance'';
(5) by striking the second sentence in paragraph
(4);
(6) by striking ``for fiscal years 1993, 1994, and
1995'' in paragraph (6); and
(7) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively.
SEC. 110. SUBMISSION AND APPROVAL OF PROJECT GRANT APPLICATIONS.
Section 509(a)(3) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2208(a)(3)) is amended--
(1) by striking ``2 or more'' wherever it appears and
inserting in lieu thereof ``1 or more''; and
(2) by striking ``similar''.
SEC. 111. REIMBURSEMENT FOR CERTAIN PAST EXPENDITURES.
Section 513(a)(2) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2212(a)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D)(i) it was incurred (I) not more than 2 years
before the grant agreement for such project was
executed; (II) after September 30, 1993, and not later
than September 30, 1996; (III) in accordance with an
airport layout plan approved by the Secretary and in
accordance with all applicable statutory and
administrative requirements that would have been
applicable to such work if the project had been carried
out after the grant agreement had been executed; and
(IV) in the case of projects initiated on or after 90
days following the date of enactment of this
subparagraph, after receiving the Secretary's approval
of the project;
``(ii) allowable costs under clause (i) may include
(I) interest payable on, and the retirement of, the
principal of bonds or other evidence of indebtedness
incurred to initiate the project involved and before
the grant agreement for such project was executed; and
(II) interest payable on, and the retirement of, the
principal of bonds or other evidences of indebtedness
the proceeds of which were used to finance the
development work for which reimbursement is provided
under this subparagraph; and
``(iii) only the sums apportioned under sections
507(a)(1) and 507(a)(2) may be obligated for project
costs allowable under clause (i) of this
subparagraph;''.
SEC. 112. TERMINAL DEVELOPMENT.
Section 513(b) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2212(b)) is amended by striking paragraph (5) and
redesignating paragraph (6) as paragraph (5).
SEC. 113. AUTHORITY TO CONTINUE LETTERS OF INTENT.
Notwithstanding any other provision of law, the Secretary of
Transportation (hereinafter referred to as the ``Secretary'') may issue
letters of intent under section 513(d) of the Airport and Airway
Improvement Act of 1982 (49 App. U.S.C. 2212(d)) and use funds for
planning, approving, and administering grants under the Airport
Improvement Program for issuing such letters of intent.
SEC. 114. LETTERS OF INTENT.
Section 513(d)(1) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2212(d)(1)) is amended by adding at the end the
following new subparagraph:
``(H) Limitation of statutory construction.--Nothing in
this section shall be construed to prohibit the obligation of
amounts pursuant to a letter of intent under this paragraph in
the same fiscal year as the letter of intent is issued.''.
SEC. 115. REPORTS ON IMPACTS OF NEW AIRPORT PROJECTS.
Section 509(b) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2208(b)) is amended by adding at the end the following
new paragraph:
``(10) At least 90 days prior to the approval of a project
grant application for construction of a new hub airport that is
expected to have 0.25 percent or more of the total annual
enplanements in the United States, the Secretary shall submit
to Congress a report analyzing the anticipated impact of such
proposed new airport on--
``(A) the fees charged to air carriers (including
landing fees), and other costs that will be incurred by
air carriers, for using the proposed airport;
``(B) air transportation that will be provided in
the geographic region of the proposed airport; and
``(C) the availability and cost of providing air
transportation to rural areas in such geographic
region.''.
SEC. 116. AIRPORT SAFETY DATA COLLECTION.
The Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2201
et seq.) is amended by adding at the end the following new section:
``SEC. 535. AIRPORT SAFETY DATA COLLECTION.
``Notwithstanding any other provision of law, the Administrator of
the Federal Aviation Administration may contract, using sole source or
limited source authority, for the collection of airport safety data.''.
SEC. 117. INTERMODAL SYSTEM PLANNING.
(a) Definition.--The second sentence of section 503(a)(7) of the
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2202(a)(7))
is amended by inserting ``the role which airports play in the
transportation system in a specific area,'' immediately after
``identification of system needs,''.
(b) Integrated Airport System Planning Grants.--Section 508(d)(4)
of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C.
2207(d)(4)) is amended--
(1) by inserting ``(A)'' immediately before ``Not less
than'';
(2) by striking the period at the end and inserting in lieu
thereof ``; and''; and
(3) by adding at the end the following new subparagraphs:
``(B) Prior to the Secretary's approval of a grant
to a planning agency for integrated airport system
planning, the planning agency shall, insofar as its
powers permit, certify that the sponsor of any airport
enplaning 0.25 percent or more of the total number of
passengers enplaned annually at all commercial service
airports is considered to be an operator of a major
mode of transportation pursuant to the section
134(b)(2) of title 23, United States Code, and that any
such sponsor is a member, or will be appointed a member
as soon as practicable, of such planning agency.
``(C) Where such airport sponsor is a municipality,
county, or other entity of local government which
already retains membership on such planning agency,
such planning agency shall include an additional member
from such municipality, county, or entity of local
government to represent the airport. In order for the
Secretary to approve a grant to a planning agency under
this paragraph, the airport must be a co-applicant for
such grant, and such grant shall be for planning for
projects that substantially benefit the airport and
shall be in proportion to the benefit it provides to
the airport.''.
SEC. 118. STUDY ON INNOVATIVE FINANCING.
(a) Study.--The Secretary shall study, as a means of supplementing
financing available under the Airport Improvement Program, innovative
approaches for using Federal funds to finance airport development.
Mechanisms should be considered that will produce greater investments
in airport development per dollar of Federal expenditure. The Secretary
shall consider, among other options, approaches that would permit the
entering into of agreements with non-Federal entities, such as airport
sponsors, for the loan of Federal funds, guarantee of loan repayment,
or purchase of insurance or other forms of enhancement for borrower
debt, including the use of unobligated Airport Improvement Program
contract authority and unobligated balances in the Airport and Airway
Trust Fund. The Secretary also shall consider means to lower the cost
of financing airport development. The Secretary may, in considering
innovative financing, consult with airport owners and operators and
public and private sector experts.
(b) Report To Congress.--The Secretary shall report the findings of
the study required by subsection (a) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives not later than
12 months after the date of enactment of this Act.
SEC. 119. ADVANCED LANDING SYSTEM.
Notwithstanding any other provision of law or regulation, the
Administrator of the Federal Aviation Administration (hereinafter
referred to as the ``Administrator'') shall consider for approval under
subpart C of part 171 of title 14, Code of Federal Regulations, the new
generation, low cost, advanced landing system being developed by the
Department of Defense. The charter for approval of such system shall be
considered and acted upon expeditiously by the Regional Administrator
of the Federal Aviation Administration in the region where such system
is being developed.
SEC. 120. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 503(a)(2)(B) of the Airport and Airway
Improvement Act of 1982 (49 App. U.S.C. 2202(a)(2)(B)) is amended by
moving clauses (vii) and (viii) 2 ems to the right.
(b) Airport Plans.--Section 504(a)(1) of the Airport and Airway
Improvement Act of 1982 (49 App. U.S.C. 2203(a)(1)) is amended by
redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C),
respectively.
(c) Certain Project Costs.--Section 513(b)(4) of the Airport and
Airway Improvement Act of 1982 (49 App. U.S.C. 2212(b)(4)) is amended--
(1) by inserting ``or (in the case of a commercial service
airport which annually has less than 0.05 percent of the total
enplanements in the United States) between January 1, 1992, and
October 31, 1992,'' immediately after ``July 12, 1976,''; and
(2) by adding at the end the following new subparagraph:
``(D) That, with respect to a project at a commercial
service airport which annually has less than 0.05 percent of
the total enplanements in the United States, the Secretary may
approve the use of the funds described under paragraph (2),
notwithstanding the provisions of sections 505(d), 511(a)(16),
and 515.''.
SEC. 121. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986
(relating to expenditure from Airport and Airway Trust Fund) is
amended--
(1) by inserting ``or the Airport and Airway Safety,
Capacity, Noise Improvement, and Intermodal Transportation Act
of 1992'' immediately after ``Capacity Expansion Act of 1990'';
and
(2) by striking ``(as such Acts were in effect on the date
of the enactment of the Airport Improvement Program Temporary
Extension Act of 1994)'' and inserting in lieu thereof ``or the
Federal Aviation Administration Authorization Act of 1994 (as
such Acts were in effect on the date of the enactment of the
Federal Aviation Administration Authorization Act of 1994)''.
SEC. 122. ASBESTOS REMOVAL AND BUILDING DEMOLITION AND REMOVAL, VACANT
AIR FORCE STATION, MARIN COUNTY, CALIFORNIA.
(a) Authorization of Appropriations.--Notwithstanding subsection
(d) of section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502), there is authorized to be appropriated in fiscal year 1995 from
the Airport and Airway Trust Fund established by such section 9502 to
the account for the Department of Transportation for facilities and
equipment of the Federal Aviation Administration such amount as may be
necessary to permit the Administrator of the Federal Aviation
Administration to carry out asbestos abatement activities and the
demolition and removal of buildings at the site of the vacant Air Force
station located on Mount Tamalpais, Marin County, California. The
amount authorized to be appropriated by the preceding sentence shall
not exceed its share of the costs of carrying out such activities,
demolitions, and removals.
(b) Authority To Use Funds.--The Administrator may use the funds
appropriated pursuant to the authorization of appropriations in
subsection (a) to carry out the abatement activities and demolition and
removal described in that subsection. Such funds shall be available for
such purpose until expended.
TITLE II--FEDERAL AVIATION ACT OF 1958
SEC. 201. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
(a) In General.--Section 313 of the Federal Aviation Act of 1958
(49 App. U.S.C. 1354) is amended by adding at the end the following new
subsection:
``(g) Assistance To Foreign Aviation Authorities.--(1) The
Administrator may provide safety-related training and operational
services to foreign aviation authorities with or without reimbursement,
if the Administrator determines that providing such services promotes
aviation safety. To the extent practicable, air travel reimbursed under
this subsection shall be conducted on United States air carriers.
``(2) Funds received by the Administrator pursuant to this
section shall be credited to the appropriation from which the
expenses were incurred in providing such services.''.
(b) Conforming Amendment.--The table of contents of the Federal
Aviation Act of 1958 is amended by adding at the end of the item
relating to section 313 the following:
``(g) Assistance to foreign aviation authorities.''.
SEC. 202. FOREIGN FEE COLLECTION.
Section 313(f) of the Federal Aviation Act of 1958 (49 App. U.S.C.
1354(f)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting immediately after paragraph (2) the
following new paragraph:
``(3) Recovery of cost of foreign aviation services.--
``(A) Establishment of Fees.--Notwithstanding the
limitation of paragraph (4), the Administrator may
establish and collect fees for providing or carrying
out the following aviation services outside the United
States: any test, authorization, certificate, permit,
rating, evaluation, approval, inspection, or review.
``(B) Level of fees.--Such fees shall be
established as necessary to recover the additional cost
of providing or carrying out such services outside the
United States, as compared to the cost of providing or
carrying out such services within the United States;
except that the Administrator may, for such services as
the Administrator designates, establish fees at a level
necessary to recover the full cost of providing such
services.
``(C) Effect on other authority.--The provisions of
this paragraph do not limit the Administrator's
authority to establish and collect fees permitted under
section 334 of title 49, United States Code.
``(D) Crediting of preestablished fees.--Fees
described in subparagraph (A) that were not established
before the date of enactment of the Federal Aviation
Administration Authorization Act of 1994 may be
credited in accordance with paragraph (5).''.
SEC. 203. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT.
(a) Nighttime Operations.--On and after the date of enactment of
this Act, nighttime operations (takeoffs and landings) at Aspen-Pitkin
County Airport in the State of Colorado shall be allowed for pilots
operating under parts 91 and 135 of title 14, Code of Federal
Regulations, between 30 minutes after official sunset and 11 p.m.,
local time, only if they are (1) granted clearance by air traffic
control, (2) instrument-rated, (3) operating an aircraft that is
equipped as required under section 91.205(d) of such title 14 for
instrument flight, and (4) operating an instrument approach or
departure approved by the Federal Aviation Administration. An
instrument-rated pilot may operate under visual flight rules at such
County Airport between 30 minutes after official sunset and 11:00 p.m.,
only if such pilot has completed at least one takeoff or landing in the
preceding 12 calendar months at such County Airport, is granted
clearance by air traffic control, and operates an instrument-certified
aircraft.
(b) Commitments of Airport Owner or Operator.--The owner or
operator of the Aspen-Pitkin County Airport shall be considered to be
in compliance with the requirements of the Aircraft Noise and Capacity
Act of 1990 (49 App. U.S.C. 2151 et seq.) and not otherwise unjustly
discriminatory when such owner or operator notifies the Administrator
that such owner or operator (1) commits to modify its existing
regulation to expand access to general aviation operations under such
special operating restrictions as are created under subsection (a) and
such conditions applicable to aircraft noise certification as are
currently in effect for night operations at such County Airport and (2)
commits permanently not to enforce its 1990 regulatory action
eliminating the so-called ``ski season exception'' to its nighttime
curfew. To remain in compliance, such owner or operator shall carry out
both such commitments as of the effective date of the Administrator's
action establishing special operating restrictions at such County
Airport in accordance with subsection (a).
(c) Mountain Flying.--The Administrator shall issue a Notice of
Proposed Rulemaking on mountain flying.
SEC. 204. EXEMPTIONS FROM SLOT RULES.
(a) Findings.--The Congress finds that--
(1) the issue of slot requirements imposed by Federal
Aviation Administration regulations for high density airports
(commonly known as the ``High Density Rule'') is a
longstanding, significant concern to each of the affected
airports, the residents of neighboring communities, and the
aviation industry;
(2) such slot regulations serve many purposes, including
ensuring that each airport operates efficiently; and
(3) the Secretary has announced as part of the President's
Initiative to Promote a Strong Competitive Aviation Industry
that the Secretary will undertake a comprehensive examination
of such slot regulations and complete such examination by
November 1994.
(b) Study.--(1) The Secretary's current examination of slot
regulations, referred to in subsection (a)(3), shall include
consideration of--
(A) the impact of the current slot allocation process upon
the ability of air carriers to provide essential air service in
accordance with section 419 of the Federal Aviation Act of 1958
(49 App. U.S.C. 1389);
(B) the impact of such allocation process upon the ability
of new entrant air carriers to obtain slots in time periods
that enable them to provide service;
(C) the impact of such allocation process on the ability of
foreign air carriers to obtain slots;
(D) the fairness of such process to air carriers and the
extent to which air carriers are provided equivalent rights of
access to airports in the countries of which foreign air
carriers holding slots are citizens;
(E) the impact, on the ability of air carriers to provide
domestic and international service, of the withdrawal of slots
from air carriers in order to provide slots for foreign air
carriers; and
(F) the impact of aircraft noise on affected communities.
(2) The Secretary shall, not later than November 30, 1994, complete
and transmit the results of such examination to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of Representatives.
(c) Rulemaking Proceeding.--The Secretary shall conduct a
rulemaking proceeding based on the results of the examination described
in subsection (b). In the course of such proceeding, the Secretary
shall issue proposed regulations not later than March 1, 1995, and
shall issue final regulations not later than June 1, 1995.
(d) Exemptions for High Density Airports.--(1) If the Secretary
finds it to be in the public interest, the Secretary may grant
exemptions from requirements under subparts K and S of part 93 of title
14, Code of Federal Regulations, pertaining to slots at any high
density airport except Washington National Airport, to--
(A) air carriers using Stage 3 aircraft, and commuter
operators, to enable such carriers to provide essential air
service under section 419 of the Federal Aviation Act of 1958
(49 App. U.S.C. 1389);
(B) air carriers and foreign air carriers to enable such
carriers to provide foreign air transportation, using Stage 3
aircraft; and
(C) new entrant air carriers at such high density airport,
only under circumstances determined by the Secretary to be
exceptional.
(2) Notwithstanding sections 6005(c)(5)(C) and 6009(e) of the
Metropolitan Washington Airports Act of 1986 (49 App. U.S.C.
2454(c)(5)(C) and 2458(e)), the Secretary may, only under circumstances
determined by the Secretary to be exceptional, grant to an air carrier
currently holding or operating a slot an exemption from requirements
under subparts K and S of part 93 of title 14, Code of Federal
Regulations, pertaining to slots at Washington National Airport, to
enable that carrier to provide service with Stage 3 aircraft, except
that such exemption--
(A) shall not result in an increase in the number of slots
at Washington National Airport;
(B) shall not increase the number of operations at
Washington National Airport in any 1-hour period by more than
two operations;
(C) shall not result in the withdrawal or reduction of
slots operated by an air carrier; and
(D) shall not result in a net increase in noise impact on
surrounding communities resulting from both changes in timing
of operations permitted under this paragraph.
(3) No exemption granted under paragraph (1) or (2) may be
effective on or after the date on which the final regulations issued
under subsection (c) become effective.
(e) Weekend Operations.--The Secretary shall consider the
advisability of revising section 93.227 of title 14, Code of Federal
Regulations, so as to eliminate weekend schedules from the
determination as to whether the 80 percent standard of subsection
(a)(1) of that section has been met.
(f) Limitation on Certain Slot Withdrawals.--Notwithstanding
section 93.223 of title 14, Code of Federal Regulations, the Secretary
shall not, before final regulations are issued under subsection (c) of
this section, withdraw a slot from any air carrier at O'Hare
International Airport for the purpose of providing the slot to another
air carrier, or foreign air carrier, for foreign air transportation.
(g) Definitions.--For purposes of this section--
(1) The terms ``air carrier'', ``foreign air carrier'', and
``foreign air transportation'' have the meanings given those
terms, respectively, in section 101 of the Federal Aviation Act
of 1958 (49 App. U.S.C. 1301).
(2) The term ``commuter operator'' means an air carrier as
described in section 93.124(c)(2) of title 14, Code of Federal
Regulations (as in effect on March 1, 1994).
(3) The term ``high density airport'' means an airport at
which the Administrator limits the number of instrument flight
rule takeoffs and landings of an aircraft.
(4) The term ``new entrant air carrier'' means an air
carrier that does not hold a slot at the airport concerned and
has never sold or given up a slot at that airport after
December 16, 1985.
(5) The term ``slot'' means a reservation, by an air
carrier or foreign air carrier at an airport, for an instrument
flight rule takeoff or landing of an aircraft in air
transportation.
SEC. 205. AIR SERVICE TERMINATION NOTICE.
(a) In General.--(1) Title IV of the Federal Aviation Act of 1958
(49 App. U.S.C. 1371 et seq.) is amended by adding at the end the
following new section:
``SEC. 420. AIR SERVICE TERMINATION NOTICE.
``(a) In General.--An air carrier may not terminate interstate or
overseas air transportation from a nonhub airport included on the
Secretary's latest published list of such airports, unless such air
carrier has given the Secretary at least 60 days' notice before such
termination.
``(b) Exceptions.--The Secretary shall not apply the requirements
of subsection (a) when--
``(1) the carrier involved is experiencing a sudden or
unforeseen financial emergency, including natural weather
related emergencies, equipment-related emergencies, and
strikes;
``(2) the termination of transportation is made for
seasonal purposes only;
``(3) the carrier involved has operated at the affected
nonhub airport for 180 days or less;
``(4) the carrier involved provides other transportation by
jet from another airport serving the same community as the
affected nonhub airport; or
``(5) the carrier involved makes alternative arrangements,
such as a change of aircraft size, or other types of
arrangements with a part 121 or part 135 air carrier, that
continues uninterrupted service from the affected nonhub
airport.
``(c) Waivers for Regional/Commuter Carriers.--Prior to October 1,
1994, the Secretary shall establish terms and conditions under which
regional/commuter carriers can be excluded from the termination notice
requirement.
``(d) Definitions.--For purposes of this section--
``(1) Nonhub airport.--The term `nonhub airport' has the
meaning that term has under section 419(k)(4).
``(2) Part 121 air carrier.--The term `part 121 air
carrier' means an air carrier to which part 121 of title 14,
Code of Federal Regulations, applies.
``(3) Part 135 air carrier.--The term `part 135 air
carrier' means an air carrier to which part 135 of title 14,
Code of Federal Regulations, applies.
``(4) Regional/commuter carriers.--The term `regional/
commuter carrier' means--
``(A) a part 135 air carrier; or
``(B) a part 121 air carrier that provides air
transportation exclusively with aircraft having a
seating capacity of no more than 70 passengers.
``(5) Termination.--The term `termination' means the
cessation of all service at an airport by an air carrier.''.
(2) The portion of the table of contents of the Federal Aviation
Act of 1958 relating to title IV is amended by inserting immediately
after the item relating to section 419 the following new item:
``Sec. 420. Air service termination notice.
``(a) In general.
``(b) Exceptions.
``(c) Waivers for regional/commuter carriers.
``(d) Definitions.''.
(b) Civil Penalties.--Section 901(a)(1) of the Federal Aviation Act
of 1958 (49 App. U.S.C. 1471(a)(1)) is amended by inserting ``section
420 or'' immediately after ``$10,000 for each violation of''.
(c) Effective Date.--The amendments made by this section shall be
effective beginning on October 1, 1994.
SEC. 206. COOPERATIVE AGREEMENTS FOR RESEARCH, ENGINEERING, AND
DEVELOPMENT.
(a) In General.--Section 312 of the Federal Aviation Act of 1958
(49 App. U.S.C. 1353) is amended by adding at the end the following new
subsection:
``(j) Cooperative Agreements.--The Administrator may enter into
cooperative agreements on a cost-shared basis with Federal and non-
Federal entities that the Administrator may select in order to conduct,
encourage, and promote aviation research, engineering, and development,
including the development of prototypes and demonstration models.''.
(b) Conforming Amendment.--The table of contents of the Federal
Aviation Act of 1958 is amended by adding at the end of the item
relating to section 312 the following:
``(j) Cooperative agreements.''.
SEC. 207. TECHNICAL AMENDMENTS.
Section 1112 of the Federal Aviation Act of 1958 (49 App. U.S.C.
1512) is amended--
(1) by striking ``50 per centum'' wherever it appears and
inserting in lieu ``50 percent'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting immediately after subsection (b) the
following new subsection:
``(c) Compensation paid by an air carrier to an employee described
in subsection (a) in connection with such employee's authorized leave
or other authorized absence from regular duties on the carrier's
aircraft in order to perform services on behalf of the employee's
airline union shall not be subject to the income tax laws of a State or
subdivision thereof, other than the State or subdivision thereof of the
employee's residence and the State or subdivision thereof in which the
employee's scheduled flight time would have been more than 50 percent
of the employee's total scheduled flight time for the calendar year had
the employee been engaged full time in the performance of regularly
assigned duties on the carrier's aircraft.''.
SEC. 208. REVIEW OF PASSENGER FACILITY CHARGE PROGRAM.
The Secretary shall conduct a review of section 158.49(b) of title
14, Code of Federal Regulations, to assess the effectiveness of such
section in light of the objectives of section 1113(e) of the Federal
Aviation Act of 1958 (49 App. U.S.C. 1513(e)) and shall take such
corrective action as the Secretary determines to be necessary to
address any problems discovered in the review.
SEC. 209. EXCEPTIONS APPLICABLE TO STATE OF HAWAII.
(a) Definitions.--(1) Section 101(24) of the Federal Aviation Act
of 1958 (49 App. U.S.C. 1301(24)) is amended by adding at the end the
following new sentence: ``For purposes of title IV, the term
`interstate air transportation' does not include air transportation of
passengers commencing and terminating in the State of Hawaii.''.
(2) Section 101(26) of the Federal Aviation Act of 1958 (49 App.
U.S.C. 1301(26)) is amended by adding at the end the following: ``With
respect to transportation of passengers by air within the State of
Hawaii, the term `intrastate air transportation' means the carriage of
persons by a common carrier for compensation or hire, by such aircraft,
commencing and terminating in the State of Hawaii; except that the
carriage of passengers moving as a part of a single itinerary on a
single ticket for transportation on an air carrier or air carriers,
beginning and/or ending outside the State of Hawaii, is deemed to be in
interstate transportation.''.
(b) Federal Preemption.--(1) Section 105(a) of the Federal Aviation
Act of 1958 (49 App. U.S.C. 1305(a)) is amended by adding at the end
the following new paragraph:
``(3) The provisions of paragraph (1) shall not apply to
any transportation by air of persons commencing and terminating
within the State of Hawaii.''.
(2) Section 105(b)(2) of the Federal Aviation Act of 1958 (49 App.
U.S.C. 1305(b)(2)) is amended by striking ``(other than the State of
Hawaii)''.
SEC. 210. TRANSPORTATION SECURITY REPORT.
Section 315(b)(1) of the Federal Aviation Act of 1958 (49 App.
U.S.C. 1356(b)(1)) is amended by striking ``December 31'' and inserting
in lieu thereof ``March 31''.
SEC. 211. INTERMODAL ALL-CARGO AIR CARRIERS.
(a) Definitions.--Section 101 of the Federal Aviation Act of 1958
(49 App. U.S.C. 1301) is amended by redesignating paragraphs (25)
through (41) as paragraphs (26) through (42), respectively; and by
inserting immediately after paragraph (24) the following new paragraph:
``(25) `Intermodal all-cargo air carrier' means--
``(A) an air carrier (including an indirect cargo
air carrier, as defined in section 296.3 of title 14,
Code of Federal Regulations, as in effect on March 1,
1994) that undertakes to provide the transportation
described in section 105(a)(4); or
``(B) any other carrier--
``(i) which has authority to provide
transportation;
``(ii) which (I) is affiliated with an air
carrier described in subparagraph (A) through
common controlling ownership, or (II) utilizes
as principal or as shipper's agent, or is
affiliated through common controlling ownership
with companies that utilize, an air carrier
described in subparagraph (A) at least 15,000
times annually; and
``(iii) which undertakes to provide the
transportation described in section
105(a)(4).''.
(b) Preemption.--Section 105(a) of the Federal Aviation Act of 1958
(49 App. U.S.C. 1305(a)), as amended by this Act, is further amended by
adding at the end the following new paragraph:
``(4)(A) Except as provided in subparagraph (B), no State
or political subdivision thereof, no interstate agency of two
or more States, and no other political agency of two or more
States shall enact or enforce any law, rule, regulation,
standard, or other provision having the force and effect of law
relating to rates, routes, or services of any intermodal all-
cargo air carrier when such carrier is transporting property,
pieces, parcels, or packages between States or wholly within
any single State by aircraft or by motor vehicle (whether or
not such property has had or will have a prior or subsequent
air movement).
``(B) Subparagraph (A)--
``(i) does not apply to the transportation of
household goods as defined in section 10102(11) of
title 49, United States Code;
``(ii) shall not restrict safety regulatory
authority; and
``(iii) does not apply to the regulation of vehicle
size and weight.
For purposes of clause (ii), the authority to regulate rates,
routes, or services shall not be construed as safety regulatory
authority, and the authority permitted under the Hazardous
Materials Transportation Act (49 App. U.S.C. 1801 et seq.) to
regulate routing shall not be affected.
``(C) For purposes of this paragraph, a person who is an
intermodal all-cargo air carrier in any one State shall be
considered such a carrier in all States.
``(D) This paragraph shall not in any way limit the
applicability of paragraph (1).''.
TITLE III--AVIATION SAFETY AND NOISE ABATEMENT ACT OF 1979 AMENDMENTS
SEC. 301. REPEAL OF ANNUAL REPORT REQUIREMENT.
Section 401 of the Aviation Safety and Noise Abatement Act of 1979
(Public Law 96-193; 94 Stat. 57) is repealed.
SEC. 302. NOISE ABATEMENT PROGRAMS.
(a) Soundproofing of Certain Residential Buildings.--Section
104(c)(2) of the Aviation Safety and Noise Abatement Act of 1979 (49
App. U.S.C. 2104(c)(2)) is amended--
(1) by inserting ``(A)'' immediately before ``to operators
of airports''; and
(2) by striking the period at the end and inserting in lieu
thereof ``; and (B) for projects to soundproof residential
buildings--
``(i) if the operator of the airport involved
received approval for a grant for a project to
soundproof residential buildings pursuant to section
301(d)(4)(B) of the Airport and Airway Safety and
Capacity Expansion Act of 1987;
``(ii) if the operator of the airport involved
submits updated noise exposure contours, as required by
the Secretary; and
``(iii) if the Secretary determines that the
proposed projects are compatible with the purposes of
this Act.''.
(b) Soundproofing and Acquisition of Certain Residential
Properties.--Section 104(c) of the Aviation Safety and Noise Abatement
Act of 1979 (49 App. U.S.C. 2104(c)) is amended by adding at the end
the following new paragraph:
``(4) Soundproofing and Acquisition of Certain Residential
Properties.--The Secretary is authorized under this section to
make grants to operators of airports and to units of local
government referred to in paragraph (1) for projects to
soundproof residential buildings located on residential
properties, and for projects to acquire residential properties,
at which noise levels are not compatible with normal operations
of an airport--
``(A) if the operator of the airport involved
amended an existing local aircraft noise regulation
during calendar year 1993 to increase the maximum
permitted noise levels for scheduled air carrier
aircraft as a direct result of implementation of
revised aircraft noise departure procedures mandated
for aircraft safety purposes by the Administrator of
the Federal Aviation Administration for standardized
application at airports served by scheduled air
carriers;
``(B) if the operator of the airport involved
submits updated noise exposure contours, as required by
the Secretary; and
``(C) if the Secretary determines that the proposed
projects are compatible with the purposes of this
Act.''.
SEC. 303. WAIVER AUTHORITY FOR FOREIGN AIR CARRIERS.
(a) In General.--Section 9308(b)(1) of the Aviation Noise and
Capacity Act of 1990 (49 App. U.S.C. 2157(b)(1)) is amended by
inserting ``or a foreign air carrier'' immediately after ``air
carrier'' wherever it appears.
(b) Definition.--Section 9308(h)(1) of the Aviation Noise and
Capacity Act of 1990 (49 App. U.S.C. 2157(h)(1)) is amended to read as
follows:
``(1) Air carrier; foreign air carrier; air transportation;
united states.--The terms `air carrier', `foreign air carrier',
`air transportation', and `United States' have the meanings
such terms have under section 101 of the Federal Aviation Act
of 1958.''.
SEC. 304. RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY.
The Federal Aviation Administration Research, Engineering, and
Development Authorization Act of 1992 (title III of Public Law 102-581;
106 Stat. 495) is amended by adding at the end the following new
section:
``SEC. 306. RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY FOR PROPELLER
AND ROTOR DRIVEN AIRCRAFT.
``(a) Establishment.--The Administrator of the Federal Aviation
Administration (FAA) and the Administrator of the National Aeronautics
and Space Administration (NASA) shall conduct a study to identify
technologies for noise reduction of propeller driven aircraft and
rotorcraft.
``(b) Goal.--The goal of the study conducted under subsection (a)
is to determine the status of research and development now underway in
the area of quiet technology for propeller driven aircraft and
rotorcraft, including technology that is cost beneficial, and to
determine whether a research program to supplement existing research
activities is necessary.
``(c) Participation.--In conducting the study required under
subsection (a), the Administrator of the FAA and the administrator of
NASA shall encourage the participation of the Department of Defense,
the Department of the Interior, the airtour industry, the aviation
industry, academia and other appropriate groups.
``(d) Report.--Not less than 280 days after enactment of this
section the Administrator of the FAA and the Administrator of NASA
shall transmit to Congress a report on the results of the study
required under subsection (a).
``(e) Research and Development Program.--If the Administrator of
the FAA and the Administrator of NASA determine that additional
research and development is necessary and would substantially
contribute to the development of quiet aircraft technology, then the
agencies shall conduct an appropriate research program in consultation
with the entities listed in subsection (c) to develop safe, effective,
and economical noise reduction technology (including technology that
can be applied to existing propeller driven aircraft and rotorcraft)
that would result in aircraft that operate at substantially reduced
levels of noise to reduce the impact of such aircraft and rotorcraft on
the resources of national parks and other areas.''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. DISCONTINUATION OF AVIATION SAFETY JOURNAL.
The Administrator may not publish, nor contract with any other
organization for the publication of, the magazine known as the
``Aviation Safety Journal''. Any existing contract for publication of
the magazine shall be cancelled within 30 days after the date of
enactment of this Act.
SEC. 402. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.
(a) Study.--(1) Within 30 days after the date of enactment of this
Act, the Secretary, in cooperation with the National Transportation
Safety Board, the National Guard, and the Juneau International Airport,
shall undertake a study of the safety of the approaches to the Juneau
International Airport.
(2) Such study shall examine--
(A) the crash of Alaska Airlines Flight 1866 on September
4, 1971;
(B) the crash of a Lear Jet on October 22, 1985;
(C) the crash of an Alaska Army National Guard aircraft on
November 12, 1992;
(D) the adequacy of NAVAIDs in the vicinity of the Juneau
International Airport;
(E) the possibility of inaccurate data from Sisters Island
DVOR, and the possibility of confusion between Elephant Island
Non-Directional Beacon and Coghlan Island Non-Directional
Beacon;
(F) the need for a singular Approach Surveillance Radar
site on top of Heintzleman Ridge;
(G) the need for a Terminal Very High Frequency Omni-
Directional Range (Terminal VOR) navigational aid in Gastineau
Channel; and
(H) any other matters any of the parties named in paragraph
(1) think appropriate to the safety of aircraft approaching or
leaving the Juneau International Airport.
(b) Report.--(1) Within 6 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives a report
which--
(A) details the matters considered by the study;
(B) summarizes any conclusions reached by the participants
in the study;
(C) proposes specific recommendations to improve or enhance
the safety of aircraft approaching or leaving the Juneau
International Airport, or contains a detailed explanation of
why no recommendations are being proposed;
(D) estimates the cost of any proposed recommendations; and
(E) includes any other matters the Secretary deems
appropriate.
(2) The report shall include any minority views if consensus is not
reached among the parties listed in subsection (a)(1).
SEC. 403. SOLDOTNA AIRPORT IMPROVEMENT.
(a) Release.--Notwithstanding section 16 of the Federal Airport Act
(as in effect on December 12, 1963), the Secretary is authorized,
subject to the provisions of section 4 of the Act of October 1, 1949
(50 App. U.S.C. 1622c), and the provisions of subsection (b) of this
section, to grant releases from any of the terms, conditions,
reservations, and restrictions contained in the deed of conveyance
dated December 12, 1963, under which the United States conveyed certain
property to the city of Soldotna, Alaska, for airport purposes.
(b) Conditions.--Any release granted under subsection (a) shall be
subject to the following conditions:
(1) The city of Soldotna, Alaska, shall agree that, in
conveying any interest in the property which the United States
conveyed to the city by deed dated December 12, 1963, the city
will receive an amount for such interest which is equal to the
fair market value (as determined pursuant to regulations issued
by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport.
SEC. 404. ROLLA AIRPORT IMPROVEMENT.
(a) Authorization To Grant Releases.--Notwithstanding section 16 of
the Federal Airport Act (as in effect on December 30, 1957), the
Secretary is authorized, subject to the provisions of section 4 of the
Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of
subsection (b) of this section, to grant releases from any of the
terms, conditions, reservations, and restrictions contained in the deed
of conveyance dated December 30, 1957, or any other deed of conveyance
dated after such date and before the date of enactment of this Act,
under which the United States conveyed certain property to the city of
Rolla, Missouri, for airport purposes.
(b) Conditions.--Any release granted under subsection (a) shall be
subject to the following conditions:
(1) The city of Rolla, Missouri, shall agree that, in
conveying any interest in the property which the United States
conveyed to the city by a deed described in subsection (a), the
city will receive an amount for such interest which is equal to
the fair market value (as determined pursuant to regulations
issued by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport.
SEC. 405. PALM SPRINGS, CALIFORNIA.
(a) Authority To Grant Release.--Notwithstanding section 4 of the
Act of October 1, 1949 (50 App. U.S.C. 1622c), and subject to the
provisions of subsection (b), the Administrator shall grant releases
from all of the terms, conditions, reservations, and restrictions
contained in the deed of conveyance dated September 15, 1949, under
which the United States conveyed certain property to Palm Springs,
California, for airport purposes. The releases shall apply only to
approximately 11 acres of lot 16 of section 13, and approximately 39.07
acres of lots 19 and 20 of section 19, used by the city of Palm
Springs, California, for general governmental purposes.
(b) Conditions.--Any release granted by the Administrator under
subsection (a) shall be subject to the following conditions:
(1) The Administrator shall waive any requirement that
there be credited to the account of the airport any amount
attributable to the city's use for governmental purposes of any
land conveyed under the deed of conveyance referred to in
subsection (a) before the date of enactment of this section.
(2) The city shall abandon all claims, against income of
the Palm Springs Regional Airport or other assets of that
airport, for reimbursement of general revenue funds that the
city may have expended before the date of enactment of this Act
for acquisition of 523.39 acres of land conveyed August 28,
1961, for airport purposes and for expenses incurred at any
time in connection with such acquisition, and such claims shall
not be eligible for reimbursement under the Airport and Airway
Improvement Act of 1982 or any successor Act.
SEC. 406. RELOCATION OF AIRWAY FACILITIES.
Compensation received by the United States for transfer of the San
Jacinto Disposal Area by the United States to the City of Galveston,
Texas, shall include compensation to be provided to the Federal
Aviation Administration for all costs of establishing airway facilities
to replace existing airway facilities on the San Jacinto Disposal Area.
Such compensation shall include but is not limited to the replacement
of the land, clear zones, buildings and equipment, and demolition and
disposal of the existing facilities on the San Jacinto Disposal Area.
SEC. 407. AUGUSTA STATE AIRPORT WEATHER SERVICES.
(a) Requirement.--(1) The Secretary shall provide for weather
observation services, including direct radio contact between weather
observers and pilots, at Augusta State Airport in Maine.
(2) The Secretary shall be responsible for the operation and
maintenance of equipment necessary to carry out paragraph (1).
(b) Reimbursable Agreements.--The Secretary is authorized to enter
into a reimbursable agreement with the Maine Department of
Transportation for the provision of weather services pursuant to
subsection (a).
SEC. 408. STUDY ON CHILD RESTRAINT SYSTEMS.
(a) Study.--The Administrator shall conduct a study on the
availability, effectiveness, cost, and usefulness of restraint systems
that may offer protection to a child carried in the lap of an adult
aboard an air carrier aircraft or provide for the attachment of a child
restraint device to the aircraft.
(b) Study Criteria.--Among other issues, the study shall examine
the impact of the following:
(1) The direct cost to families of requiring air carriers
to provide restraint systems and requiring infants to use them,
including whether airlines will charge a fare for use of seats
containing infant restraining systems; such estimate to cover a
ten-year period;
(2) The impact on air carrier aircraft passenger volume by
requiring use of infant restraint systems, including whether
families will choose to travel to destinations by other means,
including automobiles; such estimate to cover a ten-year
period;
(3) The impact on fatality rates of infants using other
modes of transportation, including automobiles, subject to the
findings in subsection (b)(2) above; such estimate to cover a
ten-year period; and
(4) The efficacy of infant restraint systems currently
marketed as able to be used for air carrier aircraft.
(c) Report.--The Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of Representatives a
report on the results of the study required in subsection (a). The
report shall be submitted within 6 months after the date of enactment
of this Act.
SEC. 409. AIRCRAFT SMOKE EMERGENCIES.
The Administrator shall enforce Federal Aviation Administration
regulations relating to pilot vision and smoke emergencies caused by
dense, continuous smoke in the cockpit on current and future aircraft
and shall report to Congress within 1 year after the date of enactment
of this Act on the Administrator's efforts to ensure compliance with
such regulations.
SEC. 410. REAL ESTATE TRANSFERS AND WEATHER OBSERVATIONS IN ALASKA.
(a) Transfer Of Site In Lake Minchumina, Alaska.--The Administrator
shall convey to the community of Lake Minchumina, Alaska, the Federal
Aviation Administration building number 106 and a reasonable amount of
land to make use of the property, at Lake Minchumina, Alaska, for the
purpose of providing educational facilities, under the terms set forth
in Agreement No. DTFA04-93-J-82007, between the Federal Aviation
Administration and the Iditarod Area School District, and such other
terms as are mutually agreed on between the Administrator and the
community of Lake Minchumina.
(b) Transfer Of Site In Fort Yukon, Alaska.--The Administrator
shall convey to the city of Fort Yukon, Alaska, the buildings of the
Federal Aviation Administration and land in Fort Yukon, Alaska
(described as that portion of Lot 4, U.S. Survey 7161, within section
8, T.20 N., R.12E., Fairbanks Meridian consisting of 7.14 acres, and
containing the health clinic and staff housing for the aforementioned
clinic) for the purpose of providing health services, under terms that
are mutually agreed on between the Administrator and the city of Fort
Yukon.
(c) Weather Observation Services In Alaska.--The Administrator
shall provide human observers to offer real-time weather information to
pilots by direct radio contact in Alaska at--
(1) Dutch Harbor, Valdez, Wrangell, Petersburg, Sand Point,
and Yakutat on a full-time basis;
(2) Aniak, St. Marys, Dillingham, Unalakleet, Fort Yukon,
Port Heiden, Anaktuvuk Pass, and Gustavus to replace the
Automated Weather Observing System (AWOS) in the event of
failures and to verify AWOS reports when the safety of aircraft
is at risk; and
(3) other communities that the Administrator determines
require human weather observers.
SEC. 411. STURGIS, KENTUCKY.
(a) Authorization To Grant Releases.--Notwithstanding any other
provision of law, the Administrator is authorized, subject to section 4
of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and subsection
(b) of this section, to grant releases with respect to such parcels of
land, or portions of such parcels, as the Administrator determines are
no longer required for airport purposes, from any of the terms,
conditions, reservations, and restrictions contained in the deed of
conveyance dated July 13, 1948, under which the United States conveyed
such property to the Union County Air Board, State of Kentucky, for
airport purposes of the Sturgis Municipal Airport.
(b) Conditions.--Any release granted by the Administrator under
subsection (a) shall be subject to the following conditions:
(1) The Union County Air Board shall agree that, in leasing
or conveying any interest in the property with respect to which
releases are granted under subsection (a), such Board will
receive an amount that is equal to the fair lease value or the
fair market value, as the case may be (as determined pursuant
to regulations issued by the Secretary).
(2) Such Board shall use any amount so received only for
the development, improvement, operation, or maintenance of the
Sturgis Municipal Airport.
(3) Any other conditions that the Administrator considers
necessary to protect or advance the interests of the United
States in civil aviation.
SEC. 412. GAMBLING ON COMMERCIAL AIRCRAFT.
(a) Amendments.--(1) Title IV of the Federal Aviation Act of 1958
(49 App. U.S.C. 1371 et seq.), as amended by this Act, is further
amended by adding at the end the following new section:
``SEC. 422. GAMBLING RESTRICTIONS.
``(a) In General.--No air carrier or foreign air carrier may
install, transport, or operate, or permit the use of, any gambling
device on board an aircraft in foreign air transportation.
``(b) Definition.--In this section, the term `gambling device'
means any machine or mechanical device (including gambling applications
on electronic interactive video systems installed on board aircraft for
passenger use)--
``(1) which when operated may deliver, as the result of the
application of an element of chance, any money or property; or
``(2) by the operation of which a person may become
entitled to receive, as the result of the application of an
element of chance, any money or property.''.
(2) The portion of the table of contents of the Federal Aviation
Act of 1958 relating to title IV, as amended by this Act, is further
amended by inserting immediately after the item relating to section 421
the following new item:
``Sec. 422. Gambling restrictions.
``(a) In general.
``(b) Definition.''.
(b) Aviation Safety Study.--The Administrator of the Federal
Aviation Administration shall, within 90 days after the date of
enactment of this Act, complete a study of the aviation safety effects
of gambling applications on electronic interactive video systems
installed on board aircraft for passenger use. The study shall include
an evaluation of the effect of such systems on the navigational and
other electronic equipment of the aircraft, on the passengers and crew
of the aircraft, and on issues relating to the method of payment. The
Administrator shall, within 5 days after completing the study, submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Public Works and Transportation of the
House of Representatives on the results of the study.
(c) Study on Competition Effects.--The Secretary of Transportation
shall, within 90 days after the date of enactment of this Act, complete
a study of the competitive implications of permitting foreign air
carriers only, but not United States air carriers, to install,
transport, and operate gambling application on electronic interactive
video systems on board aircraft in the foreign commerce of the United
States on flights over international waters, or in fifth freedom city-
pair markets. The Secretary shall, within 5 days after the completion
of the study, submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives on the results of the
study.
SEC. 413. LAND ACQUISITION COSTS.
Notwithstanding section 512 of the Airport and Airway Improvement
Act of 1982 (49 U.S.C. App. 2211), the Secretary of Transportation may
approve an upward adjustment not to exceed $750,000, in the maximum
obligation of the United States under an Airport Improvement Program
grant issued to a reliever airport after September 1, 1989, and before
October 1, 1989, in order to assist in funding increased land
acquisition costs (as determined in judicial proceedings) and
associated eligible project costs.
SEC. 414. MONROE AIRPORT IMPROVEMENT.
(a) Authorization To Grant Releases.--Notwithstanding section 16 of
the Federal Airport Act (as in effect on the date of transfer of Selman
Field, Louisiana, from the United States to the city of Monroe,
Louisiana), the Administrator of the Federal Aviation Administration is
authorized, subject to the provisions of section 4 of the Act of
October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of
subsection (b) of this section, to grant releases from any of the
terms, conditions, reservations, and restrictions contained in the 1949
deed of conveyance, or any other deed of conveyance occurring
subsequent to that initial transference and before the date of
enactment of this Act, under which the United States conveyed certain
property then constituting Selman Field, Louisiana, to the city of
Monroe, Louisiana, for airport purposes.
(b) Conditions.--Any release granted under subsection (a) shall be
subject to the following conditions:
(1) The city of Monroe, Louisiana, shall agree that, in
conveying any interest in the property which the United States
conveyed to the city by a deed described in subsection (a), the
city will receive an amount for such interest which is equal to
the fair market value (as determined pursuant to regulations
issued by the Secretary of Transportation).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport.
SEC. 415. NORTH KOREA.
(a) Findings.--(1) President Clinton stated in November of 1993, it
is the official policy of the United States that North Korea cannot be
allowed to become a nuclear power.
(2) The United States seeks to compel North Korea, through the
imposition of sanctions or other means, to act in accordance with its
freely undertaken obligations under the Nuclear Non-Proliferation
Treaty and to abandon its efforts to develop nuclear weapons.
(3) North Korea has repeatedly threatened to withdraw from the
Nuclear Non-Proliferation Treaty, has resisted efforts of the
International Atomic Energy Agency to conduct effective inspections of
its nuclear program, and has stated that it would consider the
imposition of economic sanctions as a declaration of war and has
threatened retaliatory action.
(4) The North Korean government has constructed and has operated a
reprocessing facility at Yongbyon solely designed to convert spent
nuclear fuel into plutonium with which to make nuclear weapons.
Further, the existence of this facility and the development of these
weapons gravely threatens security in the region and increases the
likelihood of worldwide nuclear terrorism.
(5) The Secretary of Defense stated that the United States must act
on the assumption that there will be some increase in the risk of war
if sanctions are imposed on North Korea.
(6) It is incumbent on the United States to take all necessary and
prudent action to act together with the Republic of Korea to ensure the
preparedness of United States and Republic of Korea forces to repel as
quickly as possible any attack from North Korea and to protect the
safety and security of United States and Republic of Korea forces, as
well as the safety and security of the civilian population of the
peninsula.
(b) Sense of the Senate.--It is the sense of the Senate that the
United States should immediately take all necessary and prudent actions
to enhance the preparedness and safety of United States forces and urge
and assist the Republic of Korea to do likewise in order to deter and,
if necessary, repel an attack from North Korea.
SEC. 416. REQUIREMENT FOR CONTINUATION OF RADAR APPROACH CONTROL
ACTIVITIES.
(a) Finding.--Congress finds that the President's Five-Point Plan
for Revitalizing Base Closure Communities dated July 2, 1993,
encourages all Federal agencies to marshall the resources of such
agencies in order to provide coordinated assistance to communities that
experience adverse economic circumstances as the result of the closure
of a military installation under a base closure law.
(b) Requirement.--The Administrator of the Federal Aviation
Administration shall carry out on-going radar approach control
activities at K. I. Sawyer Air Force Base, Michigan. The Administrator
shall carry out such activities in the most cost-effective manner using
any funds available to the Administrator.
SEC. 417. SENSE OF THE SENATE.
It is the sense of the Senate that the Inspector General of the
Department of Transportation in carrying out the duties and
responsibilities of the Inspector General Act of 1978 has oversight
responsibilities and may conduct and supervise audits and
investigations relating to any funds appropriated by the Congress and
made available for any programs or operations at Washington National
Airport and Dulles International Airport, and that the Inspector
General shall--
(1) provide leadership and coordination and recommend
policies for activities designed to promote the economy,
efficiency, and effectiveness of such programs and operations;
and
(2) act to prevent and detect fraud and abuse in such
programs and operations; and
(3) inform the Secretary of the Department of
Transportation and the Congress about problems and deficiencies
relating to the administration of such programs and operations.
SEC. 418. RELIGIOUS LIBERTY.
(a) Findings.--The Congress finds that--
(1) the liberties protected by our Constitution include
religious liberty protected by the first amendment;
(2) citizens of the United States profess the beliefs of
almost every conceivable religion;
(3) Congress has historically protected religious
expression even from governmental action not intended to be
hostile to religion;
(4) the Supreme Court has written that ``the free exercise
of religion means, first and foremost, the right to believe and
profess whatever religious doctrine one desires'';
(5) the Supreme Court has firmly settled that under our
Constitution the public expression of ideas may not be
prohibited merely because the content of the ideas is offensive
to some;
(6) Congress enacted the Religious Freedom Restoration Act
of 1993 to restate and make clear again our intent and position
that religious liberty is and should forever be granted
protection from unwarranted and unjustified government
intrusions and burdens;
(7) the Equal Employment Opportunity Commission has written
proposed guidelines to title VII of the Civil Rights Act of
1964, published in the Federal Register on October 1, 1993,
that may result in the infringement of religious liberty;
(8) such guidelines do not appropriately resolve issues
related to religious liberty and religious expression in the
workplace;
(9) properly drawn guidelines for the determination of
religious harassment should provide appropriate guidance to
employers and employees and assist in the continued
preservation of religious liberty as guaranteed by the first
amendment;
(10) the Commission states in its proposed guidelines that
it retains wholly separate guidelines for the determination of
sexual harassment because the Commission believes that sexual
harassment raises issues about human interaction that are to
some extent unique in comparison to other harassment and may
warrant separate treatment; and
(11) the subject of religious harassment also raises issues
about human interaction that are to some extent unique in
comparison to other harassment.
(b) Sense of the Congress.--It is the sense of the Congress that,
for purposes of issuing final regulations under title VII of the Civil
Rights Act of 1964 in connection with the proposed guidelines published
by the Equal Employment Opportunity Commission on October 1, 1993 (58
Fed. Reg. 51266)--
(1) the category of religion should be withdrawn from the
proposed guidelines at this time;
(2) any new guidelines for the determination of religious
harassment should be drafted so as to make explicitly clear
that symbols or expressions of religious belief consistent with
the first amendment and the Religious Freedom Restoration Act
of 1993 are not to be restricted and do not constitute proof of
harassment;
(3) the Commission should hold public hearings on such new
proposed guidelines; and
(4) the Commission should receive additional public comment
before issuing similar new regulations.
SEC. 419. INFORMATION ON DISINSECTION OF AIRCRAFT.
(a) Availability of Information.--In the interest of protecting the
health of air travelers, the Secretary of Transportation shall publish
a list of the countries (as determined by the Secretary) that require
disinsection of aircraft landing in such countries while passengers and
crew are on board such aircraft.
(b) Revision.--The Secretary shall revise the list required under
subsection (a) on a periodic basis.
(c) Publication.--The Secretary shall publish the list required
under subsection (a) not later than 30 days after the date of the
enactment of this Act. The Secretary shall publish a revision to the
list not later than 30 days after completing the revision under
subsection (b).
SEC. 420. CONTRACT TOWER ASSISTANCE.
The Secretary of Transportation shall take appropriate action to
assist Chandler, Arizona, Aberdeen, South Dakota, and other communities
where the Secretary deems such assistance appropriate, in obtaining the
installation of a Level I Contract Tower for those communities.
SEC. 421. SENSE OF SENATE ON ISSUANCE OF REPORT ON USAGE OF RADAR AT
THE CHEYENNE, WYOMING AIRPORT.
It is the sense of the Senate that the Secretary of
Transportation--
(1) should take such action as may be necessary to revise
the cost/benefit analysis process of the Department of
Transportation to fully take projected military enplanement and
cost savings figures into consideration with regard to radar
installations at joint-use civilian/military airports;
(2) should require the Administrator of the Federal
Aviation Administration to reevaluate the aircraft radar needs
at the Cheyenne, Wyoming Airport, and enter into an immediate
dialogue with officials of the Wyoming Air Guard, F.E. Warren
Air Force Base, and Cheyenne area leaders in the phase II radar
installation reevaluation of the Administration and adjust
cost/benefit determinations based to some appropriate degree on
already provided military figures and concerns and other
enplanement projections in the region; and
(3) should report to Congress within 60 days following the
date of the enactment of this Act on the results of the
reevaluation of the aircraft radar needs of the Cheyenne,
Wyoming Airport, and of Southeast Wyoming, and explain how
military figures and concerns will be appropriately solicited
in future radar decisions involving joint-use airport
facilities.
TITLE V--AIRPORT-AIR CARRIER DISPUTES REGARDING RATES, FEES, AND
CHARGES
SEC. 501. DECLARATION OF POLICY.
Section 502(a) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2201(a)), as amended by this Act, is further amended by
adding at the end the following new paragraphs:
``(16) airport fees, rates, and charges must be reasonable
and may only be used for purposes not prohibited by this Act;
and
``(17) airports should be as self-sustaining as possible
under the circumstances existing at each particular airport;
and in establishing new fees, rates, and charges, and
generating revenues from all sources, airport owners and
operators should not seek to create revenue surpluses that
exceed the amounts to be used for airport system purposes and
for other purposes for which airport revenues may be spent
under section 511(a)(12), including reasonable reserves and
other funds to facilitate financing and cover contingencies.''.
SEC. 502. AIRPORT FINANCIAL REPORTING.
(a) Format For Reporting.--Within 180 days after the date of
enactment of this Act, the Secretary shall prescribe a uniform
simplified format for reporting that is applicable to airports. Such a
format shall be designed to enable the public to understand readily how
funds are collected and spent at airports, and to provide sufficient
information relating to total revenues, operating expenditures, capital
expenditures, debt service payments, contributions to restricted funds,
accounts, or reserves required by financing agreements or covenants or
airport lease or use agreements or covenants. Such format shall require
each commercial service airport to report the amount of any revenue
surplus, the amount of concession-generated revenue, and other
information as required by the Secretary.
(b) Requirement To Use Format.--Within 1 year after the date of
enactment of this Act and once each year thereafter, each airport which
is subject to any grant assurance under section 511(a) of the Airport
and Airway Improvement Act of 1982 (49 App. U.S.C. 2210(a)) shall file
reports to the Secretary in the format prescribed by the Secretary
under this section.
(c) Annual Summaries.--The Secretary shall provide annual summaries
of such reports to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives.
SEC. 503. ADDITIONAL ENFORCEMENT AGAINST ILLEGAL DIVERSION OF AIRPORT
REVENUE.
(a) New Policies And Procedures.--Section 511 of the Airport and
Airway Improvement Act of 1982 (49 App. U.S.C. 2210) is amended by
adding at the end the following new subsection:
``(i) Policies And Procedures To Ensure Enforcement Against Illegal
Diversion Of Airport Revenue.--
``(1) In General.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall establish
policies and procedures that will assure the prompt and
effective enforcement of subsections (a)(9) and (a)(12) and
grant assurances made under such subsections. Such policies and
procedures shall recognize the exemption provision in
subsection (a)(12), and shall respond to the information
contained in the reports of the Inspector General of the
Department of Transportation on airport revenue diversion and
such other relevant information as the Secretary may by law
consider.
``(2) Revenue Diversion.--Such policies and procedures
shall prohibit, at a minimum, the diversion of airport revenues
(except as authorized under subsection (a)(12)) through--
``(A) direct payments or indirect payments, other
than payments reflecting the value of services and
facilities provided to the airport;
``(B) use of airport revenues for general economic
development, marketing, and promotional activities
unrelated to airports or airport systems;
``(C) payments in lieu of taxes or other
assessments that exceed the value of services provided;
or
``(D) payments to compensate nonsponsoring
governmental bodies for lost tax revenues exceeding
stated tax rates.
``(3) Efforts To Be Self-Sustaining.--With respect to
subsection (a)(9), such policies and procedures shall take into
account, at a minimum, whether owners and operators of
airports, when entering into new or revised agreements or
otherwise establishing rates, charges, and fees, have
undertaken reasonable efforts to make their particular airports
as self-sustaining as possible under the circumstances existing
at such airports.
``(4) Administrative Safeguards.--Such policies and
procedures shall mandate internal controls, auditing
requirements, and increased levels of Department of
Transportation personnel sufficient to respond fully and
promptly to complaints received regarding possible violations
of subsections (a)(9) and (a)(12) and related grant assurances
and to alert the Secretary to such possible violations.''.
(b) Judicial Enforcement.--If any airport sponsor violates section
511(a)(12) of the Airport and Airway Improvement Act of 1982 (49 App.
U.S.C. 2210(a)(12)) or any grant assurance thereunder, or violates
section 536(d) of such Act, the Secretary may apply to the district
court of the United States, for any district in which such airport
sponsor carries on business or in which the violation occurred, for the
enforcement of such section or assurance; and such court shall have
jurisdiction to enforce obedience thereto by a writ of injunction or
other process, mandatory or otherwise, restraining such airport sponsor
from further violation of such section or assurance and requiring their
obedience thereto.
(c) Withholding Of Approval Of Applications For Grants Or Passenger
Facility Charges.--Section 519 of the Airport and Airway Improvement
Act of 1982 (49 App. U.S.C. 2218) is amended by adding at the end the
following new subsection:
``(c) Action On Grant Assurances Concerning Airport Revenues.--If
after notice and opportunity for a hearing the Secretary finds a
violation of section 511(a)(12), as further defined by the Secretary
under section 511(i), or a violation of an assurance under section
511(a)(12), and the Secretary has provided an opportunity for the
airport sponsor to take corrective action to cure such violation and
such corrective action has not been taken within the period of time set
by the Secretary, the Secretary shall withhold approval of any new
grant application for funds under this Act, or any proposed
modification to an existing grant that would increase the amount of
funds made available under this Act to the airport sponsor, and
withhold approval of any new application to impose a fee under section
1113(e) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1513(e)).
Such applications may thereafter be approved only upon a finding by the
Secretary that such corrective action as the Secretary requires has
been taken to address the violation and that the violation no longer
exists.''.
(d) Civil Penalties.--(1) Section 901(a)(1) of the Federal Aviation
Act of 1958 (49 App. U.S.C. 1471(a)(1)) is amended--
(A) by inserting ``or (C) section 511(a)(12) of the Airport
and Airway Improvement Act of 1982 (49 App. U.S.C. 2210(a)(12))
or any assurance thereunder,'' immediately after ``under this
Act,'' in the first sentence; and
(B) by inserting a semicolon and ``except that in the case
of a violation of section 511(a)(12) of the Airport and Airway
Improvement Act of 1982 (49 App. U.S.C. 2210(a)(12)), the
maximum civil penalty for a continuing violation shall not
exceed $50,000'' immediately before the period at the end of
the second sentence.
(2) Section 901(a)(3)(A) of the Federal Aviation Act of 1958 (49
App. U.S.C. 1471(a)(3)(A)) is amended by inserting ``, or a violation
of section 511(a)(12) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2210(a)(12)), as further defined by the Secretary under
section 511(i) of such Act, or a violation of an assurance under such
section 511(a)(12)'' immediately before the period at the end.
(3) Section 901(a)(3)(E) of the Federal Aviation Act of 1958 (49
App. U.S.C. 1471(a)(3)(E)) is amended by adding at the end the
following new clause:
``(iv) Certain Violations Of Airport And Airway
Improvement Act of 1982.--In the case of a violation of
section 511(a)(12) of the Airport and Airway
Improvement Act of 1982 or an assurance thereunder--
``(I) a civil penalty shall not be assessed
against an individual;
``(II) a civil penalty may be compromised
as provided under paragraph (2) of this
section; and
``(III) judicial review of any order
assessing a civil penalty may be obtained only
pursuant to section 1006 of this Act.''.
SEC. 504. RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES CONCERNING AIRPORT
FEES.
The Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2201
et seq.), as amended by this Act, is further amended by adding at the
end the following new section:
``SEC. 536. RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES CONCERNING
AIRPORT FEES.
``(a) Authority To Request Secretary's Determination.--
``(1) In General.--The Secretary shall issue a
determination as to whether a fee imposed upon one or more air
carriers by the owner or operator of an airport is reasonable,
if--
``(A) a written request for such determination is
filed with the Secretary by such owner or operator; or
``(B) a written complaint requesting such
determination is filed with the Secretary by an
affected air carrier within 60 days after such carrier
receives written notice of the establishment, or
increase, of such fee.
``(2) Calculation Of Fee.--A fee subject to a determination
of reasonableness under this section may be calculated pursuant
to either a compensatory or residual fee methodology or any
combination thereof.
``(3) Secretary Not To Set Fee.--In determining whether a
fee is reasonable under this section, the Secretary may only
determine whether the fee is reasonable or unreasonable and
shall not set the level of the fee.
``(b) Procedural Regulations.--The Secretary, not later than 90
days after the date of enactment of this section, shall publish in the
Federal Register final regulations, policy statements, or guidelines
establishing--
``(1) the procedures for acting upon any written request or
complaint filed under subsection (a)(1); and
``(2) the standards or guidelines that shall be used by the
Secretary in determining under this subsection whether an
airport fee is reasonable.
``(c) Decisions By Secretary.--The final regulations, policy
statements, or guidelines required in subsection (b) shall provide the
following:
``(1) Not more than 120 days after an air carrier files
with the Secretary a written complaint relating to an airport
fee, the Secretary shall issue a final order determining
whether such fee is reasonable.
``(2) Within 30 days after such complaint is filed with the
Secretary, the Secretary shall dismiss the complaint if no
significant dispute exists or shall assign the matter to an
administrative law judge; and thereafter the matter shall be
handled in accordance with part 302 of title 14, Code of
Federal Regulations, and any specifically applicable provisions
of this section.
``(3) The administrative law judge shall issue a
recommended decision within 90 days after the complaint is
filed or within such shorter period as the Secretary may
specify.
``(4) If the Secretary, upon the expiration of 120 days
after the filing of the complaint, has not issued a final
order, the decision of the administrative law judge shall be
deemed to be the final order of the Secretary.
``(5) Any party to the dispute may seek review of a final
order of the Secretary under this subsection in the courts of
appeal of the United States.
``(6) Any findings of fact in a final order of the
Secretary under this subsection, if supported by substantial
evidence, shall be conclusive if challenged in a court pursuant
to this subsection. No objection to such a final order shall be
considered by the court unless objection was urged before an
administrative law judge or the Secretary at a proceeding under
this subsection or, if not so urged, unless there were
reasonable grounds for failure to do so.
``(d) Escrow; Guarantee Of Air Carrier Access.--
``(1) Escrow.--Any fee increase or newly established fee
(except for a fee paid as part of an agreement entered into
prior to June 9, 1994, under which such fee is paid under
protest), which is the subject of a complaint that is not
dismissed by the Secretary, shall be paid by the complainant
air carrier into an appropriate escrow account maintained for
such purpose, until final disposition of the matter by the
Secretary. The balance of the escrow account, including any
interest accumulated thereon, shall be disbursed in accordance
with directions in the final order of the Secretary.
``(2) Guarantee Of Air Carrier Access.--Contingent upon an
air carrier's compliance with the escrow requirements of
paragraph (1) and pending the issuance of a final order of the
Secretary determining the reasonableness of a fee that is the
subject of a complaint filed under subsection (a)(1)(B), an
owner or operator of an airport may not deny an air carrier
currently providing air service at the airport reasonable
access to airport facilities or service, or otherwise interfere
with an air carrier's rates, routes, or services, as a means of
enforcing the fee.
``(e) Applicability.--This section does not apply to--
``(1) a fee imposed pursuant to a written agreement with
air carriers using the facilities of an airport;
``(2) a fee imposed pursuant to a financing agreement or
covenant entered into prior to the date of enactment of this
section; or
``(3) any other existing fee not in dispute as of such date
of enactment.
``(f) Effect On Existing Agreements.--Nothing in this section shall
adversely affect--
``(1) the rights of any party under any existing written
agreement between an air carrier and the owner or operator of
an airport; or
``(2) the ability of an airport to meet its obligations
under a financing agreement, or covenant, that is in force as
of the date of enactment of this section.
``(g) Definition.--In this section, the term `fee' means any rate,
rental charge, landing fee, or other service charge for the use of
airport facilities.''.
TITLE VI--COMMITTEE OVERSIGHT HEARINGS
SEC. 601. SCOPE OF THE HEARINGS.
The Committee on Banking, Housing, and Urban Affairs (referred to
as the ``committee'') shall--
(1) conduct hearings into whether improper conduct occurred
regarding--
(A) communications between officials of the White
House and the Department of the Treasury or the
Resolution Trust Corporation relating to the Whitewater
Development Corporation and the Madison Guaranty
Savings and Loan Association;
(B) the Park Service Police investigation into the
death of White House Deputy Counsel Vincent Foster; and
(C) the way in which White House officials handled
documents in the office of White House Deputy Counsel
Vincent Foster at the time of his death; and
(2)(A) make such findings of fact as are warranted and
appropriate;
(B) make such recommendations, including recommendations
for new legislation and amendments to existing laws and any
administrative or other actions, as the committee may determine
to be necessary or desirable; and
(C) fulfill the Constitutional oversight and informing
function of the Congress with respect to the matters described
in this section.
The hearings authorized by this title shall begin on a date determined
by the Majority Leader, in consultation with the Minority Leader, but
no later than the earlier of July 29, 1994, or within 30 days after the
conclusion of the first phase of the independent counsel's
investigation.
SEC. 602. MEMBERSHIP, ORGANIZATION, AND JURISDICTION OF THE COMMITTEE
FOR PURPOSES OF THE HEARINGS.
(a)(1) For the sole purpose of conducting the hearings authorized
by this title, the committee shall consist of--
(A) the members of the Committee on Banking, Housing, and
Urban Affairs, who shall, in serving as members of the
committee, reflect the legislative and oversight interests of
other committees of the Senate with a jurisdictional interest
(if any) in the hearings authorized in paragraph (1) of section
601 as provided in subparagraph (B);
(B)(i) Senator Kerry and Senator Bond from the Committee on
Small Business;
(ii) Senator Riegle and Senator Roth from the Committee on
Finance; and
(iii) Senator Shelby and Senator Domenici from the
Subcommittee on Public Lands, Parks, and Forests of the
Committee on Energy and Natural Resources;
(iv) Senator Moseley-Braun from the Committee on the
Judiciary; and
(v) Senator Sasser and Senator Roth from the Permanent
Subcommittee on Investigations; and
(C) the ranking member of the Committee on the Judiciary
who shall serve for purposes of considering matters within the
jurisdiction of the Committee on the Judiciary, but shall not
serve as a voting member of the committee.
(2) For the purpose of paragraph 4 of rule XXV of the Standing
Rules of the Senate, service of the ranking member of the Committee on
the Judiciary as a member of the committee shall not be taken into
account.
(b) The jurisdiction of the committee shall encompass the
jurisdiction of the committees and subcommittees listed in subsection
(a)(1)(B), to the extent, if any, pertinent to the hearings authorized
by this title.
(c) A majority of the members of the committee shall constitute a
quorum for reporting a matter or recommendation to the Senate, except
that the committee may fix a lesser number as a quorum for the purpose
of taking testimony before the committee or for conducting the other
business of the committee as provided in paragraph 7 of rule XXV of the
Standing Rules of the Senate.
SEC. 603. ADDITIONAL STAFF FOR THE COMMITTEE.
(a) The committee, through the chairman, may request and use, with
the prior consent of the chairman of any committee or subcommittee
listed in section 602(a)(1)(B), the services of members of the staff of
such committee or subcommittee.
(b) In addition to staff provided pursuant to subsection (a) and to
assist the committee in its hearings, the chairman may appoint and fix
the compensation of additional staff.
SEC. 604. PUBLIC ACTIVITIES OF THE COMMITTEE.
(a) Consistent with the rights of persons subject to investigation
and inquiry, the committee shall make every effort to fulfill the right
of the public and the Congress to know the essential facts and
implications of the activities of officials of the United States
Government with respect to the matters covered by the hearings as
described in section 601.
(b) In furtherance of the public's and Congress' right to know, the
committee--
(1) shall hold, as the chairman (in consultation with the
ranking member) considers appropriate and in accordance with
paragraph 5(b) of rule XXVI of the Standing Rules of the
Senate, open hearings subject to consultation and coordination
with the independent counsel appointed pursuant to title 28,
parts 600 and 603, of the Code of Federal Regulations (referred
to as the ``independent counsel'');
(2) may make interim reports to the Senate as it considers
appropriate; and
(3) shall, in order to accomplish the purposes set forth in
subsection (a), make a final comprehensive public report to the
Senate of the findings of fact and any recommendations
specified in paragraph (2) of section 601.
SEC. 605. POWERS OF THE COMMITTEE.
(a) The committee shall do everything necessary and appropriate
under the laws and Constitution of the United States to conduct the
hearings specified in section 601.
(b) The committee is authorized to exercise all of the powers and
responsibilities of a committee under rule XXVI of the Standing Rules
of the Senate and section 705 of the Ethics in Government Act of 1978
(2 U.S.C. 288d), including the following:
(1) To issue subpoenas or orders for the attendance of
witnesses or for the production of documentary or physical
evidence before the committee. A subpoena may be authorized by
the committee or by the chairman with the agreement of the
ranking member and may be issued by the chairman or any other
member designated by the chairman, and may be served by any
person designated by the chairman or the authorized member
anywhere within or without the borders of the United States to
the full extent permitted by law. The chairman of the
committee, or any other member thereof, is authorized to
administer oaths to any witnesses appearing before the
committee.
(2) Except that the committee shall have no power to
exercise the powers of a committee under section 6005 of title
18, United States Code for immunizing witnesses.
(3) To procure the temporary or intermittent services of
individual consultants, or organizations thereof.
(4) To use on a reimbursable basis, with the prior consent
of the Government department or agency concerned, the services
of personnel of such department or agency.
(5) To report violations of any law to the appropriate
Federal, State, or local authorities.
(6) To expend, to the extent the committee determines
necessary and appropriate, any money made available to such
committee by the Senate to conduct the hearings and to make the
reports authorized by this title.
(7) To require by subpoena or order the attendance, as
witnesses, before the committee or at depositions, any person
who may have knowledge or information concerning matters
specified in section 601(1).
(8) To take depositions under oath anywhere within the
United States, to issue orders by the chairman or his designee
which require witnesses to answer written interrogatories under
oath.
(9) To issue commissions and to notice depositions for
staff members to examine witnesses and to receive evidence
under oath administered by an individual authorized by law to
administer oaths. The committee, acting through the chairman,
may delegate to designated staff members the power to authorize
and issue commissions and deposition notices.
(c)(1) Subject to the provisions of paragraph (2), the committee
shall be governed by the rules of the Committee on Banking, Housing,
and Urban Affairs, except that the committee may modify its rules for
purposes of the hearings conducted under this title. The committee
shall cause any such amendments to be published in the Congressional
Record.
(2) The committee's rules shall be consistent with the Standing
Rules of the Senate and this title.
SEC. 606. RELATION TO OTHER INVESTIGATIONS.
In order to--
(1) expedite the thorough conduct of the hearings
authorized by this title;
(2) promote efficiency among all the various investigations
underway in all branches of the United States Government; and
(3) engender a high degree of confidence on the part of the
public regarding the conduct of such hearing,
the committee is encouraged--
(A) to obtain relevant information concerning the
status of the independent counsel's investigation to
assist in establishing a hearing schedule for the
committee; and
(B) to coordinate, to the extent practicable, its
activities with the investigation of the independent
counsel.
SEC. 607. SALARIES AND EXPENSES.
Senate Resolution 71 (103d Congress) is amended--
(1) in section 2(a) by striking ``$56,428,119'' and
inserting ``$56,828,419''; and
(2) in section 6(c) by striking ``$3,220,767'' and
inserting ``$3,620,767''.
SEC. 608. REPORTS; TERMINATION.
(a) The committee shall make the final public report to the Senate
required by section 604(b) not later than the end of the One Hundred
Third Congress.
(b) The final report of the committee may be accompanied by
whatever confidential annexes are necessary to protect confidential
information.
(c) The authorities granted by this title shall terminate 30 days
after submission of the committee's final report. All records, files,
documents, and other materials in the possession, custody, or control
of the committee shall remain under the control of the regularly
constituted Committee on Banking, Housing, and Urban Affairs.
SEC. 609. COMMITTEE JURISDICTION AND RULE XXV.
The jurisdiction of the committee is granted pursuant to this title
notwithstanding the provisions of paragraph 1 of rule XXV of the
Standing Rules of the Senate relating to the jurisdiction of the
standing committees of the Senate.
SEC. 610. COMMITTEE FUNDING AND RULE XXVI.
The supplemental authorization for the committee is granted
pursuant to this title notwithstanding the provisions of paragraph 9 of
rule XXVI of the Standing Rules of the Senate.
SEC. 611. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate's constitutional oversight
role, additional hearings on the matters identified in the resolution
passed by the Senate by a vote of 98-0 on March 17, 1994 should by
authorized as appropriate under, and in accordance with, the provisions
of that resolution.
(b) Any additional hearings should be structured and sequenced in
such a manner that in the judgement of the two leaders they would not
interfere with the ongoing investigation of Special Counsel Robert B.
Fiske, Jr.
SEC. 612. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate's constitutional oversight
role, additional hearings on the matters identified in the resolution
passed by the Senate by a vote of 98-0 on March 17, 1994 should by
authorized as appropriate under, and in accordance with, the provisions
of that resolution.
(b) Any additional hearings should be structured and sequenced in
such a manner that in the judgement of the two leaders they would not
interfere with the ongoing investigation of Special Counsel Robert B.
Fiske, Jr.
SEC. 613. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate's constitutional oversight
role, additional hearings on the matters identified in the resolution
passed by the Senate by a vote of 98-0 on March 17, 1994 should by
authorized as appropriate under, and in accordance with, the provisions
of that resolution.
(b) Any additional hearings should be structured and sequenced in
such a manner that in the judgement of the two leaders they would not
interfere with the ongoing investigation of Special Counsel Robert B.
Fiske, Jr.
SEC. 614. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate's constitutional oversight
role, additional hearings on the matters identified in the resolution
passed by the Senate by a vote of 98-0 on March 17, 1994 should by
authorized as appropriate under, and in accordance with, the provisions
of that resolution.
(b) Any additional hearings should be structured and sequenced in
such a manner that in the judgement of the two leaders they would not
interfere with the ongoing investigation of Special Counsel Robert B.
Fiske, Jr.
SEC. 615. HEARING DATE.
Notwithstanding any other provision of this Act, for purposes of
conducting such hearings and related activities of the Committee on
Banking, Housing, and Urban Affairs required under this Act, such
hearings shall begin on a date no later than July 29, 1994, or within
30 days after the conclusion of the first phase of the independent
counsel's investigation, whichever is the earlier.
SEC. 616. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate's constitutional oversight
role, additional hearings on the matters identified in the resolution
passed by the Senate by a vote of 98-0 on March 17, 1994 should by
authorized as appropriate under, and in accordance with, the provisions
of that resolution.
(b) Any additional hearings should be structured and sequenced in
such a manner that in the judgement of the two leaders they would not
interfere with the ongoing investigation of Special Counsel Robert B.
Fiske, Jr.
SEC. 617. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate's constitutional oversight
role, additional hearings on the matters identified in the resolution
passed by the Senate by a vote of 98-0 on March 17, 1994 should by
authorized as appropriate under, and in accordance with, the provisions
of that resolution.
(b) Any additional hearings should be structured and sequenced in
such a manner that in the judgement of the two leaders they would not
interfere with the ongoing investigation of Special Counsel Robert B.
Fiske, Jr.
SEC. 618. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate's constitutional oversight
role, additional hearings on the matters identified in the resolution
passed by the Senate by a vote of 98-0 on March 17, 1994 should by
authorized as appropriate under, and in accordance with, the provisions
of that resolution.
(b) Any additional hearings should be structured and sequenced in
such a manner that in the judgement of the two leaders they would not
interfere with the ongoing investigation of Special Counsel Robert B.
Fiske, Jr.
SEC. 619. ADDITIONAL HEARINGS.
(a) In the fulfillment of the Senate's constitutional oversight
role, additional hearings on the matters identified in the resolution
passed by the Senate by a vote of 98-0 on March 17, 1994 should by
authorized as appropriate under, and in accordance with, the provisions
of that resolution.
(b) Any additional hearings should be structured and sequenced in
such a manner that in the judgement of the two leaders they would not
interfere with the ongoing investigation of Special Counsel Robert B.
Fiske, Jr.
Attest:
Secretary.
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