[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2024 Engrossed Amendment Senate (EAS)]
103d CONGRESS
2d Session
S. 2024
_______________________________________________________________________
SENATE AMENDMENT TO HOUSE AMENDMENT
In the Senate of the United States,
May 12 (legislative day, May 2), 1994.
Resolved, That the Senate agree to the amendment of the House of
Representatives to the bill (S. 2024) entitled ``An Act to provide
temporary obligational authority for the airport improvement program
and to provide for certain airport fees to be maintained at existing
levels for up to 60 days, and for other purposes'' with the following
SENATE AMENDMENT TO HOUSE AMENDMENT:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Improvement Program
Temporary Extension Act of 1994''.
TITLE I--AIRPORT IMPROVEMENT PROGRAM
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'' after ``1992,''; and
(2) by inserting ``, and $15,413,157,000 for fiscal years
ending before October 1, 1994'' 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 ``September 30, 1993'' and inserting ``June 30, 1994''.
SEC. 102. APPORTIONMENT OF FUNDS.
Section 507(b)(3)(A) of the Airport and Airway Improvement Act of
1982 (49 App. U.S.C. 2206(b)(3)(A)) is amended--
(1) by striking ``or reducing the amount authorized or''
and inserting ``the amount'';
(2) by inserting ``to less than $1,900,000,000'' after ``to
be obligated''; and
(3) by striking ``limited or reduced''.
SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.
Section 507(b)(1) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2206(b)(1)) is amended by striking ``$400,000'' and
inserting ``$500,000''.
SEC. 104. DISCRETIONARY FUND.
(a) Minimum Amount To Be Credited.--Section 507(c) of the Airport
and Airway Improvement Act of 1982 (49 App. U.S.C. 2206(c)) is amended
by adding at the end the following new paragraph:
``(5) Special rule.--(A) In any fiscal year not less than
$325,000,000 of the amount made available under section 505(a)
shall be credited to the discretionary fund established by
paragraph (1), and such $325,000,000 shall be exclusive of
amounts that have been apportioned in a prior year under this
section and which remain available for obligation.
``(B) In any fiscal year in which the amount credited to
the discretionary fund pursuant to paragraph (1) is less than
$325,000,000, the total amount calculated under subparagraph
(C) of this paragraph shall be reduced by an amount which, when
credited to the discretionary fund, will, together with the
amount credited pursuant to paragraph (1), equal $325,000,000.
``(C) The total amount, for any fiscal year, that is
subject to reduction pursuant to subparagraph (B) shall be the
sum of--
``(i) the amount determined under subsection
(a)(1);
``(ii) the amount determined under subsection
(a)(2);
``(iii) the amount determined under subsection
(a)(3);
``(iv) the amount determined under section
508(d)(1);
``(v) the amount determined under section
508(d)(2);
``(vi) the amount determined under section
508(d)(3);
``(vii) the amount determined under section
508(d)(4); and
``(viii) the amount determined under section
508(d)(5).
``(D) To accomplish a reduction pursuant to subparagraph
(B), each of the amounts described in subparagraphs (C)(i)
through (C)(viii), respectively, shall be reduced by an equal
percentage.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on July 1, 1994.
SEC. 105. USE OF APPORTIONED AND DISCRETIONARY FUNDS.
Section 508(d) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2207(d)) is amended--
(1) in paragraph (1), by striking ``10'' and inserting
``5'';
(2) in paragraph (3), by striking ``2.5'' wherever it
appears and inserting ``1.5''; and
(3) in paragraph (4), by striking ``\1/2\'' and inserting
``\3/4\''.
SEC. 106. REIMBURSEMENT FOR 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 (A);
(2) by inserting ``or'' after the semicolon at the end of
subparagraph (B); and
(3) by inserting after subparagraph (B) the following:
``(C)(i) it was incurred--
``(I) during fiscal year 1994;
``(II) before execution of a grant agreement with
respect to the project but 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 the project if the grant agreement had
been executed; and
``(III) for work related to a project for which a
grant agreement was previously executed during fiscal
year 1994; and
``(ii) its Federal share is only paid with sums apportioned
under sections 507(a)(1) and 507(a)(2).''.
SEC. 107. TERMINAL DEVELOPMENT.
Section 513(b)(2) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2212(b)(2)) is amended--
(1) in the second sentence--
(A) by inserting after ``may be used'' the
following: ``, subject to the approval of the
Secretary, (A)''; and
(B) by striking the period at the end and inserting
the following: ``, and (B) by the sponsor of a reliever
airport for the types of project costs allowable under
paragraph (1) of this subsection, including project
costs allowable for a commercial service airport which
annually has .05 percent or less of the total
enplanements in the United States.''; and
(2) by adding at the end the following: ``All or any
portion of the sums to be distributed at the discretion of the
Secretary under sections 507(c) and 507(d) for any fiscal year
may be distributed for use by primary airports each of which
annually has .05 percent or less of the total enplanements in
the United States for project costs allowable under paragraph
(1) of this subsection.''.
SEC. 108. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986
(relating to expenditures from Airport and Airway Trust Fund) is
amended by striking ``(as such Acts were in effect on the date of the
enactment of the Airport and Airway Safety, Capacity, Noise
Improvement, and Intermodal Transportation Act of 1992)'' and inserting
``or the Airport Improvement Program Temporary Extension Act of 1994
(as such Acts were in effect on the date of the enactment of the
Airport Improvement Program Temporary Extension Act of 1994)''.
SEC. 109. UPWARD ADJUSTMENTS.
(a) In General.--The second sentence of section 505(b)(1) of the
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1))
is further amended by--
(1) inserting ``(A)'' before ``Apportioned''; and
(2) inserting before the period at the end ``; and (B)
funds which have been recovered by the United States from
grants made under this title if such funds are obligated only
for increases under sections 512(b)(2) and 512(b)(3) of this
title in the maximum obligation of the United States for any
other grant made under this title''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect October 1, 1993.
TITLE II--AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES
SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT FEES.
(a) Complaint By Air Carrier.--
(1) Filing.--An air carrier may file prior to June 30,
1994, with the Secretary a written complaint alleging that any
increased fee imposed upon such air carrier by the owner or
operator of an airport is not reasonable. The air carrier shall
simultaneously file with the Secretary proof that a copy of the
complaint has been served on the owner or operator of the
airport.
(2) Opportunity to respond.--Before issuing an order under
subsection (b), the Secretary shall provide the owner or
operator of the airport an opportunity to respond to the filed
complaint.
(3) Frivolous complaint.--If the Secretary determines that
a complaint is frivolous, the Secretary may refuse to accept
the complaint for filing.
(b) Order By The Secretary.--
(1) In general.--Except as provided by paragraph (2), the
Secretary shall issue, within 7 days after the filing of a
complaint in accordance with subsection (a), an order
prohibiting the owner or operator of the airport from
collecting the increased portion of the fee that is the subject
of the complaint, unless the Secretary makes a preliminary
determination that the increased fee is reasonable. Subject to
subsection (d), the order shall cease to be effective on June
30, 1994.
(2) Limination.--The Secretary shall not issue an order
under this subsection prohibiting the collection of any portion
of a fee for which the Secretary's informal mediation
assistance was requested on March 21, 1994.
(c) Opportunity To Comment And Furnish Related Material.--Within a
period prescribed by the Secretary, the owner or operator of the
airport and any affected air carrier may submit comments to the
Secretary on a complaint filed under subsection (a) and furnish to the
Secretary any related documents or other material.
(d) Action on Complaint.--Based on comments and material provided
under subsection (c), the Secretary may take appropriate action on the
complaint, including termination or other modification of any order
issued under subsection (b).
(e) Applicability.--This section does not apply to a fee imposed
pursuant to a written agreement binding on air carriers using the
facilities of an airport.
(f) Effect on Existing Agreements.--Nothing in this section shall
adversely affect any existing written agreement between an air carrier
and the owner or operator of an airport.
SEC. 202. DEFINITIONS.
For purposes of this title--
(1) the term ``fee'' means any rate, rental charge, landing
fee, or other service charge for the use of airport facilities;
and
(2) the term ``Secretary'' means the Secretary of
Transportation.
TITLE III--REFORM OF AIR TRAFFIC CONTROL SYSTEM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM.
(a) Study.--The Secretary of Transportation shall undertake a study
of management, regulatory, and legislative reforms which would enable
the air traffic control system of the Federal Aviation Administration
to provide better services to users and reduce the costs of providing
services, without reducing the safety of the system or the availability
of the system to all categories of users and without changing the basic
organizational structure under which the system is part of the Federal
Aviation Administration.
(b) Components.--The study to be conducted under subsection (a)
shall include the following:
(1) Evaluation of reforms which would streamline
procurement, enhance the ability to attract and retain adequate
staff at hard-to-staff facilities, simplify the personnel
process, provide funding stability, ensure continuity of
leadership, and reduce the incidence of unnecessarily detailed
management oversight.
(2) Identification of any existing laws or regulations
governing procurement or personnel which are having an adverse
effect on the operation or modernization of the air traffic
control system.
(3) Evaluation of a range of possible reforms and the
advantages and disadvantages of each possible reform.
(4) Comparison of the advantages and disadvantages of each
possible reform with the comparable advantages and
disadvantages to be achieved under any proposal of the
Secretary of Transportation to create a separate Federal
corporate entity to operate the air traffic control system.
(c) Deadline.--The results of the study to be conducted under
subsection (a) shall be contained in a report which shall be completed
by the Secretary of Transportation on or before the date which is 180
days after the date of the enactment of this Act, or the date on which
the Secretary submits to Congress proposed legislation to create a
separate corporate entity to operate the air traffic control system,
whichever date occurs first.
(d) Transmittal.--On the date of completion of the report under
subsection (c), the Secretary of Transportation shall transmit copies
of the 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.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRATION PROJECT.
(a) In general.--Notwithstanding the termination of the personnel
demonstration project for certain Federal Aviation Administration
employees on June 17, 1994, pursuant to section 4703 of title 5, United
States Code, the Federal Aviation Administration, subject to subsection
(d), shall continue to pay quarterly retention allowance payments in
accordance with subsection (b) to those employees who are entitled to
quarterly retention allowance payments under the demonstration project
as of June 16, 1994.
(b) Computation Rules.--
(1) In general.--The amount of each quarterly retention
allowance payment to which an employee is entitled under
subsection (a) shall be the amount of the last quarterly
retention allowance payment paid to such employee under the
personnel demonstration project prior to June 17, 1994, reduced
by that portion of the amount of any increase in the employee's
annual rate of basic pay subsequent to June 17, 1994, from any
source, which is allocable to the quarter for which the
allowance is to be paid (or, if applicable, to that portion of
the quarter for which the allowance is to be paid). For
purposes of the preceding sentence, the increase in an
employee's annual rate of basic pay includes--
(A) any increase under section 5303 of title 5,
United States Code;
(B) any increase in locality-based comparability
payments under section 5304 of such title 5 (except if,
or to the extent that, such increase is offset by a
reduction of an interim geographic adjustment under
section 302 of the Federal Employees Pay Comparability
Act of 1990 (5 U.S.C. 5304 note));
(C) any establishment or increase in a special rate
of pay under section 5305 of such title 5;
(D) any increase in basic pay pursuant to a
promotion under section 5334 of such title 5;
(E) any periodic step-increase under section 5335
of such title 5;
(F) any additional step-increase under section 5336
of such title 5; and
(G) any other increase in annual rate of basic pay
under any other provision of law.
(2) Section rule.--In the case of an employee on leave
without pay or other similar status for any part of the quarter
prior to June 17, 1994, based on which the amount of the
allowance payments for such employee under subsection (a) are
computed, the ``amount of the last quarterly retention
allowance payment paid to such employee under the personnel
demonstration project prior to June 17, 1994'' shall, for
purposes of paragraph (1), be deemed to be the amount of the
allowance which would have been payable to such employee for
such quarter under such project had such employee been in pay
status throughout such quarter.
(c) Termination.--An employee's entitlement to quarterly retention
allowance payments under this section shall cease when--
(1) the amount of such allowance is reduced to zero under
subsection (b), or
(2) the employee separates or moves to a position in which
the employee would not, prior to June 17, 1994, have been
entitled to receive an allowance under the demonstration
project,
whichever is earlier.
(d) Special Payment Rule.--The Administrator of the Federal
Aviation Administration may make payment for the costs incurred under
the program established by subsection (a) for the period between June
18, 1994, and September 30, 1994, following the end of the first full
pay period that begins on or after October 1, 1994, subject to
appropriations made available in fiscal year 1995.
(e) Study of Recruitment and Retention Incentives.--The
Administrator of the Federal Aviation Administration shall conduct a
study of impediments that may exist to achieving appropriate air
traffic controller staffing levels at hard-to-staff facilities. In
conducting such study, the Administrator shall identify and evaluate
the extent to which special incentives, of a financial or non-financial
nature, could be useful in recruiting or retaining air traffic
controllers at such facilities. 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 not later than 180 days after the date of enactment of
this Act a report on (1) the results of such study, (2) planned
administrative actions, and (3) any recommended legislation.
Attest:
Secretary.
S 2024 EAS----2