I

104TH CONGRESS

2D SESSION H. R. 3539

To amend title 49, United States Code, to reauthorize programs of the

Federal Aviation Administration, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 29, 1996

Mr. SHUSTER (for himself, Mr. DUNCAN, Mr. OBERSTAR, and Mr. LIPINSKI)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure, and in addition to the Committees on

Ways and Means, and Rules, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Federal Aviation Authorization Act of 1996’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Amendments to title 49, United States Code.

Sec. 3. Applicability.
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TITLE I—REAUTHORIZATION OF FAA PROGRAMS

Sec. 101. Airport improvement program.

Sec. 102. Airway facilities improvement program.

Sec. 103. Operations of FAA.

TITLE II—AIRPORT DEVELOPMENT FINANCING

Sec. 201. Apportionments.

Sec. 202. Discretionary fund.

Sec. 203. Use of apportioned amounts.

Sec. 204. Designating current and former military airports.

Sec. 205. Select Panel on Airport and Agency Financing.

TITLE III—AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS

Sec. 301. Intermodal planning.

Sec. 302. Compliance with Federal mandates.

Sec. 303. Runway maintenance program.

Sec. 304. Access to airports by intercity buses.

Sec. 305. Cost reimbursement for projects commenced prior to grant award.

Sec. 306. Selection of projects for grants from discretionary fund.

Sec. 307. State block grant program.

Sec. 308. Private ownership of airports.

Sec. 309. Use of noise set-aside funds by nonairport sponsors.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Purchase of housing units.

Sec. 402. Technical correction relating to State taxation.

Sec. 403. Protection of voluntary submission of information.

Sec. 404. Supplemental type certificates.

Sec. 405. Restriction on use of revenues.

Sec. 406. Discretionary authority for criminal history records checks.

Sec. 407. Authority to close airport located near closed or realigned military

base.

Sec. 408. Construction of runways.

TITLE V—METROPOLITAN WASHINGTON AIRPORTS

Sec. 501. Short title.

Sec. 502. Amendment of Metropolitan Washington Airports Act of 1986.

Sec. 503. Use of leased property.

Sec. 504. Board of directors.

Sec. 505. Federal Advisory Commission.

Sec. 506. Review procedure.

Sec. 507. Congressional disapproval procedures.

Sec. 508. Other matters relating to Federal Advisory Commission.

Sec. 509. Effect of judicial orders.

Sec. 510. Federal Advisory Committee Act.

Sec. 511. Use of Dulles Access Highway.

Sec. 512. Amendment of lease.

Sec. 513. Availability of slots.

TITLE VI—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND

TAXES AND EXPENDITURE AUTHORITY
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Sec. 601. Extension of Airport and Airway Trust Fund excise taxes.

Sec. 602. Extension of Airport and Airway Trust Fund expenditures.

1 SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

2 Except as otherwise specifically provided, whenever in

3 titles I, II, III, and IV of this Act an amendment or repeal

4 is expressed in terms of an amendment to, or repeal of,

5 a section or other provision of law, the reference shall be

6 considered to be made to a section or other provision of

7 title 49, United States Code.

8 SEC. 3. APPLICABILITY.

9 (a) IN GENERAL.—Except as otherwise specifically

10 provided, titles I, II, III, and IV of this Act and the

11 amendments made by such titles shall apply only to fiscal

12 years beginning after September 30, 1996.

13 (b) LIMITATION ON STATUTORY CONSTRUCTION.—

14 Nothing in this Act or any amendment made by this Act

15 shall be construed as affecting funds made available for

16 a fiscal year ending before October 1, 1996.

17 TITLE I—REAUTHORIZATION OF

18 FAA PROGRAMS

19 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

21 48103 is amended—

22 (1) by striking ‘‘September 30, 1981’’ and in23 serting ‘‘September 30, 1996’’; and
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1 (2) by striking ‘‘$17,583,500,000’’ and all that

2 follows through the period at the end and inserting

3 the following: ‘‘$2,280,000,000 for fiscal years end4 ing before October 1, 1997, $4,627,000,000 for fis5 cal years ending before October 1, 1998, and

6 $7,039,000,000 for fiscal years ending before Octo7 ber 1, 1999.’’.

8 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c)

9 is amended by striking ‘‘1996’’ and inserting ‘‘1999’’.

10 SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

12 48101(a) is amended by striking paragraphs (1) through

13 (4) and inserting the following:

14 ‘‘(1) $2,068,000,000 for fiscal year 1997.

15 ‘‘(2) $2,129,000,000 for fiscal year 1998.

16 ‘‘(3) $2,191,000,000 for fiscal year 1999.’’.

17 (b) CLERICAL AMENDMENTS.—Chapter 481 is

18 amended—

19 (1) by striking the heading for section 48101

20 and inserting the following:

21 ‘‘§ 48101. Air navigation facilities and equipment’’; and

22 (2) in the table of sections by striking the item

23 relating to section 48101 and inserting the follow24 ing:

‘‘48101. Air navigation facilities and equipment.’’.
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1 SEC. 103. OPERATIONS OF FAA.

2 (a) AUTHORIZATION OF APPROPRIATIONS FROM

3 GENERAL FUND.—Section 106(k) is amended by striking

4 ‘‘$4,088,000,000’’ and all that follows through the period

5 at the end and inserting the following: ‘‘$5,158,000,000

6 for fiscal year 1997, $5,344,000,000 for fiscal year 1998,

7 and $5,538,000,000 for fiscal year 1999.’’.

8 (b) AUTHORIZATION OF APPROPRIATIONS FROM

9 TRUST FUND.—Section 48104(c) is amended—

10 (1) in the subsection heading by striking

11 ‘‘1996’’ and inserting ‘‘1999’’; and

12 (2) by striking ‘‘1994, 1995, and 1996’’ and in13 serting ‘‘1994 through 1999’’.

14 (c) LIMITATION ON OBLIGATING OR EXPENDING

15 AMOUNTS.—Section 48108(c) is amended by striking

16 ‘‘1996’’ and inserting ‘‘1999’’.

17 (d) CLERICAL AMENDMENTS.—Chapter 481 is

18 amended—

19 (1) by striking the heading for section 48104

20 and inserting the following:

21 ‘‘§ 48104. Operations and maintenance’’; and

22 (2) in the table of sections for such chapter by

23 striking the item relating to section 48104 and in24 serting the following:

‘‘48104. Operations and maintenance.’’.
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1 TITLE II—AIRPORT

2 DEVELOPMENT FINANCING

3 SEC. 201. APPORTIONMENTS.

4 (a) AMOUNTS APPORTIONED TO SPONSORS.—

5 (1) PRIMARY AIRPORTS.—Section

6 47114(c)(1)(A) is amended—

7 (A) by striking ‘‘and’’ at the end of clause

8 (iii);

9 (B) in clause (iv) by striking ‘‘additional’’

10 and inserting ‘‘of the next 500,000’’;

11 (C) by striking the period at the end of

12 clause (iv) and inserting ‘‘; and’’; and

13 (D) by adding at the end the following:

14 ‘‘(v) $.50 for each additional passenger board15 ing at the airport during the prior calendar year.’’.

16 (2) CARGO SERVICE AIRPORTS.—Section

17 47114(c)(2)(A) is amended by striking ‘‘3.5’’ and in18 serting ‘‘2.5’’.

19 (3) REPEAL OF LIMITATION.—Section

20 47114(c)(3) is repealed.

21 (b) AMOUNTS APPORTIONED TO STATES.—Section

22 47114(d)(2) of such title is amended—

23 (1) by striking ‘‘12’’ and inserting ‘‘18.5’’;

24 (2) in subparagraph (A) by striking ‘‘one’’ and

25 inserting ‘‘0.66’’;
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1 (3) in each of subparagraphs (B) and (C) by

2 striking ‘‘49.5’’ and inserting ‘‘49.67’’; and

3 (4) in each of subparagraphs (B) and (C) by

4 striking ‘‘except’’ the second place it appears and all

5 that follows through ‘‘title,’’ and inserting ‘‘exclud6 ing primary airports but including reliever and non7 primary commercial service airports,’’.

8 SEC. 202. DISCRETIONARY FUND.

9 Section 47115 is amended by striking the second sub10 section (f), relating to minimum amounts to be credited,

11 and inserting the following:

12 ‘‘(g) MINIMUM AMOUNT TO BE CREDITED.—

13 ‘‘(1) GENERAL RULE.—In a fiscal year, there

14 shall be credited to the fund, out of amounts made

15 available under section 48103 of this title, an

16 amount that is equal to or greater than the total

17 amount required from the fund to carry out in the

18 fiscal year letters of intent issued before January 1,

19 1996, under section 47110(e) of this title or the Air20 port and Airway Improvement Act of 1982. The

21 amount credited is exclusive of amounts that have

22 been apportioned in a prior fiscal year under section

23 47114 of this title and that remain available for ob24 ligation.
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1 ‘‘(2) REDUCTION OF APPORTIONMENTS.—In a

2 fiscal year in which the amount credited under sub3 section (a) is less than the minimum amount to be

4 credited under paragraph (1), the total amount cal5 culated under paragraph (3) shall be reduced by an

6 amount that, when credited to the fund, together

7 with the amount credited under subsection (a),

8 equals such minimum amount.

9 ‘‘(3) AMOUNT OF REDUCTION.—For a fiscal

10 year, the total amount available to make a reduction

11 to carry out paragraph (2) is the total of the

12 amounts determined under sections 47114(c)(1)(A),

13 47114(c)(2), 47114(d), and 47117(e) of this title.

14 Each amount shall be reduced by an equal percent15 age to achieve the reduction.’’.

16 SEC. 203. USE OF APPORTIONED AMOUNTS.

17 (a) PERIOD OF AVAILABILITY.—Section 47117(b) is

18 amended by inserting before the period at the end of the

19 first sentence the following: ‘‘or the 3 fiscal years imme20 diately following that year in the case of a primary airport

21 that had less than .05 percent of the total boardings in

22 the United States in the preceding calendar year’’.

23 (b) SPECIAL APPORTIONMENT CATEGORIES.—Sec24 tion 47117(e)(1) is amended—
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1 (1) by striking ‘‘made available under section

2 48103’’ and inserting ‘‘available to the discretionary

3 fund under section 47115’’;

4 (2) by striking subparagraphs (A), (C), and

5 (D);

6 (3) by redesignating subparagraphs (B) and

7 (E) as subparagraphs (A) and (B), respectively;

8 (4) in subparagraph (A), as so redesignated, by

9 striking ‘‘at least 12.5’’ and inserting ‘‘At least 31’’;

10 (5) by adding at the end of subparagraph (A),

11 as so redesignated, the following: ‘‘The Secretary

12 may count the amount of grants made for such plan13 ning and programs with funds apportioned under

14 section 47114 in that fiscal year in determining

15 whether or not such 25 percent requirement is being

16 met in that fiscal year.’’;

17 (6) in subparagraph (B), as so redesignated, by

18 striking ‘‘at least 2.25’’ and all that follows through

19 ‘‘1996,’’ and inserting ‘‘At least 4 percent for each

20 fiscal year thereafter’’; and

21 (7) by inserting before the period at the end of

22 subparagraph (B), as so redesignated, the following:

23 ‘‘and to sponsors of noncommercial service airports

24 for grants for operational and maintenance expenses

25 at any such airport if the amount of such grants to
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1 the sponsor of the airport does not exceed $30,000

2 in that fiscal year, if the Secretary determines that

3 the airport is adversely affected by the closure or re4 alignment of a military base, and if the sponsor of

5 the airport certifies that the airport would otherwise

6 close if the airport does not receive the grant’’.

7 SEC. 204. DESIGNATING CURRENT AND FORMER MILITARY

8 AIRPORTS.

9 (a) GENERAL REQUIREMENTS.—Section 47118(a) is

10 amended—

11 (1) by striking ‘‘not more than 15’’;

12 (2) by inserting after the first sentence the fol13 lowing: ‘‘The maximum number of airports which

14 may be designated by the Secretary under this sec15 tion at any time is 10.’’; and

16 (3) by striking ‘‘reduce delays’’ and all that fol17 lows through ‘‘landings’’ and inserting the following:

18 ‘‘enhance airport and air traffic control system ca19 pacity in major metropolitan areas and reduce cur20 rent and projected flight delays’’.

21 (b) SURVEY AND CONSIDERATIONS.—Section 47118

22 is amended—

23 (1) in subsections (a) and (d) by striking ‘‘sec24 tion 47117(e)(1)(E)’’ and inserting ‘‘section

25 47117(e)(1)(B)’’; and
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1 (2) by striking subsections (b) and (c) and re2 designating subsections (d), (e), and (f) as sub3 sections (b), (c), and (d), respectively.

4 (c) PARKING LOTS, FUEL FARMS, AND UTILITIES.—

5 Subsection (d) of section 47118, as redesignated by sub6 section (b) of this section, is amended by striking ‘‘the

7 fiscal years ending September 30, 1993–1996,’’ and in8 serting ‘‘for fiscal years beginning after September 30,

9 1992,’’.

10 SEC. 205. SELECT PANEL ON AIRPORT AND AGENCY FI11 NANCING.

12 (a) ESTABLISHMENT.—There is established an advi13 sory committee which shall be known as the Select Panel

14 on Airport and Agency Financing (hereinafter in this sec15 tion referred to as the ‘‘panel’’).

16 (b) FUNCTIONS.—The panel shall evaluate and rec17 ommend innovative financing mechanisms for ensuring

18 adequate funding for airport capital needs and Federal

19 Aviation Administration capital and operating needs.

20 (c) MEMBERSHIP.—The panel shall consist of 15

21 members as follows:

22 (1) 7 members appointed by the Secretary of

23 Transportation, in consultation with the Secretary of

24 the Treasury, of whom—

25 (A) 3 shall have expertise in aviation; and
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1 (B) 3 shall have expertise in financing, in2 cluding at least 1 with expertise in airport fi3 nancing.

4 (2) 8 members appointed by Congress as fol5 lows:

6 (A) 1 member appointed by each of the

7 chairman and ranking minority member of the

8 Committee on Transportation and Infrastruc9 ture of the House of Representatives.

10 (B) 1 member appointed by each of the

11 chairman and ranking minority member of the

12 Committee on Appropriations of the House of

13 Representatives.

14 (C) 1 member appointed by each of the

15 chairman and ranking minority member of the

16 Committee on Commerce, Science, and Trans17 portation of the Senate.

18 (D) 1 member appointed by each of the

19 chairman and ranking minority member of the

20 Committee on Appropriations of the Senate.

21 (d) RESTRICTION ON APPOINTMENT OF CURRENT

22 AVIATION EMPLOYEES.—A member appointed under sub23 section (c)(1) may not be an employee of an airline, air24 port, or aviation trade association at the time of appoint25 ment or while serving on the panel.
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1 (e) CHAIRMAN.—The Secretary of Transportation, in

2 consultation with the Secretary of the Treasury, shall des3 ignate a chairman of the panel from among the members

4 appointed under subsection (c)(1).

5 (f) CHARTER.—The Secretary of Transportation, in

6 consultation with the Secretary of the Treasury, shall pro7 vide the panel with a charter of the matters to be evalu8 ated and addressed by the panel. The charter, at a mini9 mum, shall direct the panel to undertake the following:

10 (1) Evaluate and identify current and expected

11 airport capital needs and Federal Aviation Adminis12 tration capital and operating needs.

13 (2) Assess the ability of various financing mech14 anisms to meet airport capital requirements by type

15 and size of airport. The financing mechanisms to be

16 assessed under this paragraph include the airport

17 improvement program, passenger facility charges,

18 tax-exempt bonds, State and local assistance, airport

19 privatization, infrastructure banks, government20 sponsored enterprises, and leveraging of Federal air21 port funding. In conducting the assessment under

22 this paragraph, the panel shall consider the special

23 problems of non-hub airports and general aviation

24 airports.
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1 (3) Based on alternative funding scenarios for

2 the airport improvement program ranging from

3 elimination of funding to full funding to current

4 amounts made available, assess and recommend al5 ternative financing approaches that will address air6 port capital requirements.

7 (4) Assess the ability of various financing mech8 anisms to fund the operations of the Federal Avia9 tion Administration in a manner that will provide

10 for future growth in the Nation’s air traffic system,

11 improve the management and performance of the air

12 traffic control system, and make the Administration

13 more efficient and effective. The financing mecha14 nisms to be assessed under this paragraph include

15 loan guarantees, financial partnerships with for-prof16 it private sector entities, multi-year appropriations,

17 revolving loan funds, mandatory spending authority,

18 authority to borrow, restructured grant programs,

19 and user fees.

20 (g) INDEPENDENT AUDIT.—

21 (1) CONTRACTS.—Immediately following the

22 appointment of the panel, the panel shall contract

23 with an entity independent of the Federal Aviation

24 Administration and the Department of Transpor25 tation to conduct a complete audit of the financial
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1 requirements of the Administration, including antici2 pated air traffic forecasts, other workload measures,

3 and estimated productivity gains which lead to budg4 etary requirements.

5 (2) DEADLINE.—The independent audit shall

6 be completed no later than 180 days after the date

7 of the contract award and shall be submitted to the

8 panel.

9 (3) FUNDING.—The Administrator of the Fed10 eral Aviation Administration shall make available to

11 the panel from funds appropriated to the Adminis12 tration for headquarters operations such sums as

13 may be necessary to enter into a contract under this

14 subsection.

15 (h) TRAVEL AND PER DIEM.—Each member of the

16 panel shall be paid actual travel expenses, and per diem

17 in lieu of subsistence expenses, when away from his or her

18 usual place of residence, in accordance with section 5703

19 of title 5, United States Code.

20 (i) UTILIZATION OF PERSONNEL FROM FAA.—The

21 Administrator shall make available to the panel such staff,

22 information, and administrative services and assistance as

23 may reasonably be required to enable the panel to carry

24 out its responsibilities under this section.
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1 (j) REPORT.—Not later than 1 year after the date

2 of the appointment of the last member to the panel under

3 subsection (c), the panel shall submit to Congress and the

4 Administrator a report on the results of the review con5 ducted under this section.

6 (k) GAO ASSESSMENT.—Not later than 180 days

7 after the date of the enactment of this Act, the Comptrol8 ler General shall transmit to the panel and Congress an

9 independent assessment of airport needs.

10 TITLE III—AIRPORT IMPROVE11 MENT PROGRAM MODIFICA12 TIONS

13 SEC. 301. INTERMODAL PLANNING.

14 (a) POLICIES.—Section 47101(g) is amended to read

15 as follows:

16 ‘‘(g) INTERMODAL PLANNING.—To carry out the pol17 icy of subsection (a)(5) of this section, the Secretary of

18 Transportation shall take each of the following actions:

19 ‘‘(1) COORDINATION IN DEVELOPMENT OF AIR20 PORT PLANS AND PROGRAMS.—Cooperate with State

21 and local officials in developing airport plans and

22 programs that are based on overall transportation

23 needs. The airport plans and programs shall be de24 veloped in coordination with other transportation

25 planning and considering comprehensive long-range
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1 land-use plans and overall social, economic, environ2 mental, system performance, and energy conserva3 tion objectives. The process of developing airport

4 plans and programs shall be continuing, cooperative,

5 and comprehensive to the degree appropriate to the

6 complexity of the transportation problems.

7 ‘‘(2) GOALS FOR AIRPORT MASTER AND SYSTEM

8 PLANS.—Encourage airport sponsors and State and

9 local officials to develop airport master plans and

10 airport system plans that—

11 ‘‘(A) foster effective coordination between

12 aviation planning and metropolitan planning;

13 ‘‘(B) include an evaluation of aviation

14 needs within the context of multimodal plan15 ning; and

16 ‘‘(C) are integrated with metropolitan

17 plans to ensure that airport development pro18 posals include adequate consideration of land

19 use and ground transportation access.

20 ‘‘(3) REPRESENTATION OF AIRPORT OPERA21 TORS ON MPO’S.—Encourage metropolitan planning

22 organizations, particularly in areas with populations

23 greater than 200,000, to establish membership posi24 tions for airport operators.’’.
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1 (b) REQUIREMENTS FOR PROJECT GRANT APPLICA2 TIONS.—Section 47106(a) is amended—

3 (1) by inserting ‘‘, including transportation and

4 land use plans’’ before the semicolon at the end of

5 paragraph (1);

6 (2) by striking ‘‘and’’ at the end of paragraph

7 (4);

8 (3) by striking the period at the end of para9 graph (5) and inserting ‘‘; and’’; and

10 (4) by adding at the end the following:

11 ‘‘(6) with respect to a project for the location

12 of an airport, the sponsor has—

13 ‘‘(A) provided the metropolitan planning

14 organization authorized to conduct metropolitan

15 planning for the area in which the airport is to

16 be located with not less than 30 days (i) to re17 view the airport master plan or the airport lay18 out plan in which the project is described and

19 depicted, and (ii) to submit comments on such

20 plans to the sponsor; and

21 ‘‘(B) included in the sponsor’s application

22 to the Secretary the sponsor’s written responses

23 to any comments made by the metropolitan

24 planning organization.’’.
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1 SEC. 302. COMPLIANCE WITH FEDERAL MANDATES.

2 (a) USE OF AIP GRANTS.—Section 47102(3) is

3 amended—

4 (1) in subparagraph (E) by inserting ‘‘or under

5 section 40117’’ before the period at the end; and

6 (2) in subparagraph (F) by striking ‘‘paid for

7 by a grant under this subchapter and’’.

8 (b) USE OF PASSENGER FACILITY CHARGES.—Sec9 tion 40117(a)(3) is amended—

10 (1) by inserting ‘‘and’’ at the end of subpara11 graph (D);

12 (2) by striking ‘‘; and’’ at the end of subpara13 graph (E) and inserting a period; and

14 (3) by striking subparagraph (F).

15 SEC. 303. RUNWAY MAINTENANCE PROGRAM.

16 (a) AUTHORITY.—Section 47105 is amended by add17 ing at the end the following:

18 ‘‘(g) RUNWAY MAINTENANCE PROGRAM.—The Sec19 retary may carry out a pilot program in each of fiscal

20 years 1997, 1998, and 1999 under which the Secretary

21 may approve applications under this subchapter for not

22 more than 10 projects in each of such fiscal years to pre23 serve and extend the useful life of runways and taxiways

24 at any airport for which an amount is apportioned under

25 section 47114(d).’’.
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1 (b) INCLUSION IN AIRPORT DEVELOPMENT ACTIVI2 TIES.—Section 47102(3) is amended by adding at the end

3 the following:

4 ‘‘(H) preserving and extending the useful

5 life of runways and taxiways at a public-use air6 port under the pilot program authorized by sec7 tion 47105(g) of this title.’’.

8 SEC. 304. ACCESS TO AIRPORTS BY INTERCITY BUSES.

9 Section 47107(a) is amended—

10 (1) by striking ‘‘and’’ at the end of paragraph

11 (18);

12 (2) by striking the period at the end of para13 graph (19) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(20) the airport owner or operator will permit,

16 to the maximum extent practicable, intercity buses

17 to have access to the airport.’’.

18 SEC. 305. COST REIMBURSEMENT FOR PROJECTS COM19 MENCED PRIOR TO GRANT AWARD.

20 (a) COST REIMBURSEMENT.—Section

21 47110(b)(2)(C) is amended to read as follows:

22 ‘‘(C) if the Government’s share is paid only

23 with amounts apportioned under section 47114(c)(1)

24 and (2) of this title and if the cost is incurred—

25 ‘‘(i) after September 30, 1996;
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1 ‘‘(ii) before a grant agreement is executed

2 for the project; and

3 ‘‘(iii) in accordance with an airport layout

4 plan approved by the Secretary and with all

5 statutory and administrative requirements that

6 would have been applicable to the project if the

7 project had been carried out after the grant

8 agreement had been executed.’’.

9 (b) USE OF DISCRETIONARY FUNDS.—Section 47110

10 is amended by adding at the end the following:

11 ‘‘(g) USE OF DISCRETIONARY FUNDS.—A project for

12 which cost reimbursement is provided under subsection

13 (b)(2)(C) shall not receive priority consideration with re14 spect to the use of discretionary funds made available

15 under section 47115 of this title even if the amounts made

16 available under sections 47114(c)(1) and 47114(c)(2) are

17 not sufficient to cover the Government’s share of the cost

18 of project.’’.

19 SEC. 306. SELECTION OF PROJECTS FOR GRANTS FROM

20 DISCRETIONARY FUND.

21 Section 47115(d) is amended—

22 (1) by striking ‘‘and’’ at the end of paragraph

23 (2);

24 (2) by striking the period at the end of para25 graph (3) and inserting a semicolon; and
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1 (3) by adding at the end the following:

2 ‘‘(4) the priority that the State gives to the

3 project; and

4 ‘‘(5) the projected growth in the number of pas5 sengers that will be using the airport at which the

6 project will be carried out.’’.

7 SEC. 307. STATE BLOCK GRANT PROGRAM.

8 (a) PARTICIPATING STATES.—Section 47128 is

9 amended—

10 (1) in subsection (a) by striking ‘‘7’’ and insert11 ing ‘‘10’’;

12 (2) in subsection (b)(1)—

13 (A) by striking ‘‘(1)’’; and

14 (B) by redesignating subparagraphs (A)

15 through (E) as paragraphs (1) through (5), re16 spectively; and

17 (3) by striking subsection (b)(2).

18 (b) USE OF STATE PRIORITY SYSTEM.—Section

19 47128(c) is amended—

20 (1) by striking ‘‘(b)(1) (B) or (C)’’ and insert21 ing ‘‘(b)(2) or (b)(3)’’; and

22 (2) by adding at the end the following: ‘‘In car23 rying out this subsection, the Secretary shall permit

24 a State to use the priority system of the State if
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1 such system is not inconsistent with the national pri2 ority system.’’.

3 (c) REPEAL OF EXPIRATION DATE.—

4 (1) IN GENERAL.—Section 47128 is amended—

5 (A) by striking ‘‘pilot’’ in the section

6 heading;

7 (B) by striking ‘‘pilot’’ in subsection (a);

8 and

9 (C) by striking subsection (d).

10 (2) CONFORMING AMENDMENT.—The table of

11 sections for part 471 is amended by striking the

12 item relating to section 47128 and inserting the fol13 lowing:

‘‘47128. State block grant program.’’.

14 SEC. 308. PRIVATE OWNERSHIP OF AIRPORTS.

15 (a) ESTABLISHMENT OF PROGRAM.—

16 (1) IN GENERAL.—Chapter 471 is further

17 amended by adding at the end the following:

18 ‘‘§ 47133. Private ownership of airports

19 ‘‘(a) SUBMISSION OF APPLICATIONS.—If a sponsor

20 intends to sell an airport or lease an airport for a long

21 term to a person (other than a public agency), the sponsor

22 and purchaser or lessee may apply to the Secretary of

23 Transportation for exemptions under this section.

24 ‘‘(b) APPROVAL OF APPLICATIONS.—The Secretary

25 may approve, with respect to not more than 6 airports,
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1 applications submitted under subsection (a) granting ex2 emptions from the following provisions:

3 ‘‘(1) USE OF REVENUES.—

4 ‘‘(A) IN GENERAL.—The Secretary may

5 grant an exemption to a sponsor from the pro6 visions of sections 44706(d) and 47107(b) of

7 this title (and any other law, regulation, or

8 grant assurance) to the extent necessary to per9 mit the sponsor to recover from the sale or

10 lease of the airport such amount as may be ap11 proved—

12 ‘‘(i) by at least 60 percent of the air

13 carriers serving the airport; and

14 ‘‘(ii) by the air carrier or air carriers

15 whose aircraft landing at the airport dur16 ing the preceding calendar year had a total

17 landed weight during the preceding cal18 endar year of at least 60 percent of the

19 total landed weight of all aircraft landing

20 at the airport during such year.

21 ‘‘(B) LANDED WEIGHT DEFINED.—In this

22 paragraph, the term ‘landed weight’ means the

23 weight of aircraft transporting passengers or

24 cargo, or both, in intrastate, interstate, and for25 eign air transportation, as the Secretary deter-
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1 mines under regulations the Secretary pre2 scribes.

3 ‘‘(2) REPAYMENT REQUIREMENTS.—The Sec4 retary may grant an exemption to a sponsor from

5 the provisions of sections 44706(d) and 47107(b) of

6 this title (and any other law, regulation, or grant as7 surance) to the extent necessary to waive any obliga8 tion of the sponsor to repay to the Federal Govern9 ment any grants, or to return to the Federal Gov10 ernment of any property, received for the airport

11 under this title, the Airport and Airway Improve12 ment Act of 1982, or any other law.

13 ‘‘(3) COMPENSATION FROM AIRPORT OPER14 ATIONS.—The Secretary may grant an exemption to

15 a purchaser or lessee from the provisions of sections

16 44706(d) and 47107(b) of this title (and any other

17 law, regulation, or grant assurance) to the extent

18 necessary to permit the purchaser or lessee to earn

19 compensation from the operations of the airport.

20 ‘‘(c) TERMS AND CONDITIONS.—The Secretary may

21 approve an application under subsection (b) only if the

22 Secretary finds that the sale or lease agreement includes

23 provisions satisfactory to the Secretary to ensure the fol24 lowing:
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1 ‘‘(1) The airport will continue to be available

2 for public use on reasonable terms and conditions

3 and without unjust discrimination.

4 ‘‘(2) The operation of the airport will not be in5 terrupted in the event that the purchaser or lessee

6 becomes insolvent or seeks or becomes subject to any

7 State or Federal bankruptcy, reorganization, insol8 vency, liquidation, or dissolution proceeding or any

9 petition or similar law seeking the dissolution or re10 organization of the purchaser or lessee or the ap11 pointment of a receiver, trustee, custodian, or liq12 uidator for the purchaser or lessee or a substantial

13 part of the purchaser or lessee’s property, assets, or

14 business.

15 ‘‘(3) The purchaser or lessee will maintain and

16 improve the facilities of the airport.

17 ‘‘(4) Every fee of the airport imposed on an air

18 carrier on the day before the date of the sale or

19 lease of the airport will not increase faster than the

20 rate of inflation unless a higher amount is agreed to

21 by the air carrier or air carriers that carried more

22 than 50 percent of the total passenger boardings at

23 the airport in the preceding calendar year.

24 ‘‘(5) Safety and security at the airport will be

25 maintained at the highest possible levels.
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1 ‘‘(6) The adverse effects of noise from oper2 ations at the airport will be mitigated to the same

3 extent as at a public airport.

4 ‘‘(7) Any adverse effects on the environment

5 from airport operations will be mitigated to the same

6 extent as at a public airport.

7 ‘‘(d) PARTICIPATION OF CERTAIN AIRPORTS.—If the

8 Secretary approves under subsection (b) applications with

9 respect to 6 airports, at least one of the airports must

10 be an airport that is not a commercial service airport.

11 ‘‘(e) PASSENGER FACILITY FEES; APPORTION12 MENTS.—An airport receiving an exemption under sub13 section (b) shall not be prohibited from imposing a pas14 senger facility fee under section 40117 of this title or re15 ceiving apportionments under section 47114 notwithstand16 ing that the sponsor of the airport is not a public agency.

17 ‘‘(f) EFFECTIVENESS OF EXEMPTIONS.—An exemp18 tion granted under subsection (b) shall continue in effect

19 only so long as the facilities sold or leased continue to be

20 used for airport purposes.’’.

21 (2) CONFORMING AMENDMENT.—The table of

22 sections for such chapter is further amended by add23 ing at the end the following:

‘‘47133. Private ownership of airports.’’.

24 (b) TAXATION.—Section 40116(b) is amended—
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1 (1) by striking ‘‘a State or’’ and inserting ‘‘a

2 State, a’’; and

3 (2) by inserting after ‘‘of a State’’ the follow4 ing: ‘‘, and any person that has purchased or leased

5 an airport under section 47133 of this title’’.

6 (c) RESOLUTION OF AIRPORT-AIR CARRIER DIS7 PUTES CONCERNING AIRPORT FEES.—Section 47129(a)

8 is amended by adding at the end the following:

9 ‘‘(4) FEES IMPOSED BY PRIVATELY-OWNED AIR10 PORTS.—In evaluating the reasonableness of a fee

11 imposed by an airport receiving an exemption under

12 section 47133 of this title, the Secretary shall con13 sider whether the airport has complied with section

14 47133(c)(4).’’.

15 SEC. 309. USE OF NOISE SET-ASIDE FUNDS BY NON-AIR16 PORT SPONSORS.

17 Section 47505 is amended—

18 (1) by redesignating subsection (b) as sub19 section (c);

20 (2) in subsection (c), as so redesignated, by

21 striking ‘‘subsection (a) of’’ and inserting ‘‘sub22 section (a) or (b) of’’; and

23 (3) by inserting after subsection (a) the follow24 ing:

25 ‘‘(b) GRANTS TO NON-AIRPORT SPONSORS.—
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1 ‘‘(1) AUTHORITY.—The Secretary may make a

2 grant under this subsection to a State or unit of

3 local government that is not the owner or operator

4 of the airport for preparation of an airport land use

5 compatibility plan or implementation of an airport

6 land use compatibility project.

7 ‘‘(2) PLANNING AUTHORITY.—In order to be el8 igible to receive a grant under this subsection for

9 preparation of an airport land use compatibility

10 plan, the State or unit of local government must

11 have authority to plan and adopt land use control

12 measures, including zoning, in the planning area.

13 ‘‘(3) COORDINATION OF PLANNING ACTIVI14 TIES.—

15 ‘‘(A) CONSISTENCY WITH OTHER PLAN16 NING.—An airport land use compatibility plan

17 prepared by a State or unit of local government

18 under this subsection may not duplicate or be

19 inconsistent with an airport noise compatibility

20 program prepared by an airport operator under

21 this chapter or with other planning carried out

22 by the airport operator.

23 ‘‘(B) CONSULTATION WITH AIRPORT OWN24 ERS AND OPERATORS.—A State or unit of local

25 government receiving a grant under this sub-
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1 section for preparation of an airport land use

2 compatibility plan shall consult with the owner

3 or operator of the airport for which the plan is

4 being prepared regarding any recommended air5 port land use compatibility measure identified

6 in the plan and any aviation data on which such

7 recommendation is made.

8 ‘‘(4) APPROVAL OF AIRPORT OWNER OR OPERA9 TOR REQUIRED.—The Administrator may make a

10 grant to a State or unit of local government under

11 this subsection for preparation of an airport land

12 use compatibility plan or implementation of an air13 port land use compatibility project only after receiv14 ing the approval of the owner or operator of the air15 port for which the plan or project is being prepared

16 or implemented. Such approval shall be based on

17 whether the plan or program, including the use of

18 any noise exposure contours on which the plan or

19 project is based, has been coordinated with the air20 port and is consistent with airport operation and

21 planning.

22 ‘‘(5) WRITTEN ASSURANCES.—The Adminis23 trator may make a grant to a State or unit of local

24 government under this subsection only after receiv25 ing from the State or unit of local government such
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1 written assurances as the Administrator determines

2 necessary to achieve the purposes of this subsection.

3 ‘‘(6) GUIDELINES.—The Administrator may es4 tablish guidelines in carrying out this subsection.

5 ‘‘(7) DEFINITIONS.—In this subsection, the fol6 lowing definitions apply:

7 ‘‘(A) AIRPORT COMPATIBLE LAND USE.—

8 The term ‘airport compatible land use’ means

9 any land use that is usually compatible with—

10 ‘‘(i) the noise levels associated with an

11 airport, as established under this chapter;

12 ‘‘(ii) airport design standards issued

13 by the Administrator; and

14 ‘‘(iii) regulations issued to carry out

15 section 44718 of this title.

16 ‘‘(B) AIRPORT LAND USE COMPATIBILITY

17 PLAN.—The term ‘airport land use compatibil18 ity plan’ means the product of a process to de19 termine the extent, type, nature, location, and

20 timing of measures to improve the compatibility

21 of land use with the existing forecast level of

22 aviation activity at an airport.

23 ‘‘(C) AIRPORT LAND USE COMPATIBILITY

24 PROJECT.—The term ‘airport land use compat25 ibility project’ means a project that is contained
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1 in an airport land use compatibility plan and

2 determined by the Administrator to enhance

3 airport compatible land use.’’.

4 TITLE IV—MISCELLANEOUS

5 PROVISIONS

6 SEC. 401. PURCHASE OF HOUSING UNITS.

7 Section 40110 is amended—

8 (1) by redesignating subsection (b) as sub9 section (c); and

10 (2) by inserting after subsection (a) the follow11 ing:

12 ‘‘(b) PURCHASE OF HOUSING UNITS.—

13 ‘‘(1) AUTHORITY.—In carrying out this part,

14 the Administrator may purchase a housing unit (in15 cluding a condominium or a housing unit in a build16 ing owned by a cooperative) that is located outside

17 the contiguous United States if the cost of the unit

18 is $200,000 or less.

19 ‘‘(2) CONTINUING OBLIGATIONS.—Notwith20 standing section 1341 of title 31, United States

21 Code, the Administrator may purchase a housing

22 unit under paragraph (1) even if there is an obliga23 tion thereafter to pay necessary and reasonable fees

24 duly assessed upon such unit, including fees related

25 to operation, maintenance, taxes, and insurance.
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1 ‘‘(3) CERTIFICATION TO CONGRESS.—The Ad2 ministrator may purchase a housing unit under

3 paragraph (1) only if, at least 30 days before com4 pleting the purchase, the Administrator transmits to

5 the Committee on Transportation and Infrastructure

6 of the House of Representatives and the Committee

7 on Commerce, Science, and Transportation of the

8 Senate a report containing—

9 ‘‘(A) a description of the housing unit and

10 its price;

11 ‘‘(B) a certification that the price does not

12 exceed the median price of housing units in the

13 area; and

14 ‘‘(C) a certification that purchasing the

15 housing unit is the most cost-beneficial means

16 of providing necessary accommodations in car17 rying out this part.

18 ‘‘(4) PAYMENT OF FEES.—The Administrator

19 may pay, when due, fees resulting from the purchase

20 of a housing unit under this subsection from any

21 amounts made available to the Administrator.’’.

22 SEC. 402. TECHNICAL CORRECTION RELATING TO STATE

23 TAXATION.

24 Section 40116(b) of title 49, United States Code, is

25 amended by striking ‘‘subsection (c) of this section and’’.
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1 SEC. 403. PROTECTION OF VOLUNTARY SUBMISSION OF IN2 FORMATION.

3 (a) IN GENERAL.—Chapter 401 is amended by redes4 ignating section 40120 as section 40121 and by inserting

5 after section 40119 the following:

6 ‘‘§ 40120. Protection of voluntary submission of infor7 mation

8 ‘‘(a) GENERAL RULE.—Notwithstanding any other

9 provision of law, neither the Administrator of the Federal

10 Aviation Administration, nor any agency receiving infor11 mation from the Administrator, may disclose voluntarily

12 provided safety or security related information if the Ad13 ministrator finds that—

14 ‘‘(1) the disclosure of the information would in15 hibit the voluntary provision of that type of informa16 tion;

17 ‘‘(2) the receipt of that type of information

18 would aid in fulfilling the Administrator’s safety and

19 security responsibilities; and

20 ‘‘(3) the information was provided to the Ad21 ministrator for a purpose other than to avoid an en22 forcement action.

23 ‘‘(b) REGULATIONS.—The Administrator may issue

24 regulations to carry out this section.’’.
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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 401 is amended by striking the item re3 lating to section 40120 and inserting the following:

‘‘40120. Protection of voluntary submission of information.

‘‘40121. Relationship to other laws.’’.

4 SEC. 404. SUPPLEMENTAL TYPE CERTIFICATES.

5 Section 44704 is amended—

6 (1) by redesignating subsections (b) and (c) as

7 subsections (c) and (d), respectively; and

8 (2) by inserting after subsection (a) the follow9 ing:

10 ‘‘(b) SUPPLEMENTAL TYPE CERTIFICATES.—

11 ‘‘(1) ISSUANCE.—The Administrator may issue

12 a type certificate designated as a supplemental type

13 certificate for a change to an aircraft, aircraft en14 gine, propeller, or appliance.

15 ‘‘(2) CONTENTS.—A supplemental type certifi16 cate issued under paragraph (1) shall consist of the

17 change to the aircraft, aircraft engine, propeller, or

18 appliance with respect to the previously issued type

19 certificate for the aircraft, aircraft engine, propeller,

20 or appliance.

21 ‘‘(3) REQUIREMENT.—If the holder of a supple22 mental type certificate agrees to permit another per23 son to use the certificate to modify an aircraft, air24 craft engine, propeller, or appliance, the holder shall
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1 provide the other person with written evidence, in

2 a form acceptable to the Administrator, of that

3 agreement. A person may change an aircraft, air4 craft engine, propeller, or appliance based on a sup5 plemental type certificate only if the person request6 ing the change is the holder of the supplemental

7 type certificate or has permission from the holder

8 to make the change.’’.

9 SEC. 405. RESTRICTION ON USE OF REVENUES.

10 (a) IN GENERAL.—Section 44706 is amended by

11 adding at the end the following:

12 ‘‘(d) USE OF REVENUES.—

13 ‘‘(1) PROHIBITION.—A person holding an air14 port operating certificate under this section may not

15 expend local taxes on aviation fuel (except taxes in

16 effect on December 30, 1987) or the revenues gen17 erated by the airport for any purpose other than the

18 capital or operating costs of—

19 ‘‘(A) the airport;

20 ‘‘(B) the local airport system; or

21 ‘‘(C) other local facilities owned or oper22 ated by the person and directly and substan23 tially related to the air transportation of pas24 sengers or property.
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1 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

2 apply if a provision enacted not later than Septem3 ber 2, 1982, in a law controlling financing by the

4 owner or operator, or a covenant or assurance in a

5 debt obligation issued not later than September 2,

6 1982, by the owner or operator, provides that the

7 revenues, including local taxes on aviation fuel at

8 public airports, from any of the facilities of the

9 owner or operator, including the airport, be used to

10 support not only the airport but also the general

11 debt obligations or other facilities of the owner or

12 operator.

13 ‘‘(3) AUTHORITY TO ISSUE WAIVERS TO AIR14 PORTS NOT RECEIVING GRANT ASSISTANCE.—The

15 Administrator may waive the application of para16 graph (1) with respect to any airport that has not

17 received grant assistance under chapter 471 of this

18 title or the Airport and Airway Improvement Act of

19 1982 in the 10-year period ending on the date of the

20 enactment of this subsection.

21 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC22 TION.—This subsection does not prevent the use of

23 a State tax on aviation fuel to support a State avia24 tion program or the use of airport revenue on or off

25 the airport for a noise mitigation purpose.’’.
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1 (b) PENALTIES.—Section 46301(a)(5) is amended to

2 read as follows:

3 ‘‘(5) PENALTY FOR DIVERSION OF AVIATION

4 REVENUES.—The amount of a civil penalty assessed

5 under this section for a violation of section 47107(b)

6 of this title (or any assurance made under such sec7 tion) or section 44706(d) of this title may be in8 creased above the otherwise applicable maximum

9 amount under this section to an amount not to ex10 ceed 3 times the amount of revenues that are used

11 in violation of such section.’’.

12 SEC. 406. DISCRETIONARY AUTHORITY FOR CRIMINAL HIS13 TORY RECORDS CHECKS.

14 (a) IN GENERAL.—Section 44936(a)(1) is amend15 ed—

16 (1) by striking ‘‘(1) The Administrator’’ and in17 serting the following:

18 ‘‘(1) EMPLOYEES.—

19 ‘‘(A) PERSONS WITH ACCESS TO AIRCRAFT

20 AND OTHER SECURED AREAS.—The Adminis21 trator’’;

22 (2) by moving the remainder of the text of sub23 paragraph (A), as designated by paragraph (1) of

24 this subsection, 2 ems to the right;
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1 (3) by redesignating subparagraphs (A) and

2 (B) as clauses (i) and (ii), respectively; and

3 (4) by adding at the end the following:

4 ‘‘(B) PERSONS RESPONSIBLE FOR SCREEN5 ING PASSENGERS AND PROPERTY.—

6 ‘‘(i) IN GENERAL.—The Administrator

7 may require by regulation that an employ8 ment investigation (including a criminal

9 history record check in cases in which the

10 employment investigation reveals a gap in

11 employment of 12 months or more that the

12 individual does not satisfactorily account

13 for) be conducted for individuals who will

14 be responsible for screening passengers

15 and property under section 44901 of this

16 title and their supervisors.

17 ‘‘(ii) SPECIAL RULE.—If an individual

18 requires a criminal history record check

19 under clause (i), the individual may be em20 ployed as a screener until the check is

21 completed if the individual is subject to su22 pervision.’’.

23 (b) APPLICABILITY.—The amendments made by sub24 section (a) shall not apply to an individual employed as
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1 a screener, or a supervisor of screeners, on the day before

2 the date of the enactment of this Act.

3 SEC. 407. AUTHORITY TO CLOSE AIRPORT LOCATED NEAR

4 CLOSED OR REALIGNED MILITARY BASE.

5 Notwithstanding any other provision of a law, rule,

6 or grant assurance, an airport that is not a commercial

7 service airport may be closed by its sponsor without any

8 obligation to repay grants made under chapter 471 of title

9 49, United States Code, the Airport and Airway Improve10 ment Act of 1982, or any other law if the airport is located

11 within 3 miles of a military base which has been closed

12 or realigned.

13 SEC. 408. CONSTRUCTION OF RUNWAYS.

14 Notwithstanding section 332 of the Department of

15 Transportation and Related Agencies Appropriations Act,

16 1996 (109 Stat. 457) or any other provision of law that

17 specifically restricts the number of runways at a single

18 international airport, the Secretary of Transportation may

19 obligate funds under chapters 471 and 481 of title 49,

20 United States Code, for any project to construct a new

21 runway at such airport, unless this section is expressly re22 pealed.
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1 TITLE V—METROPOLITAN

2 WASHINGTON AIRPORTS

3 SEC. 501. SHORT TITLE.

4 This title may be cited as the ‘‘Metropolitan Wash5 ington Airports Amendments Act of 1996’’.

6 SEC. 502. AMENDMENT OF METROPOLITAN WASHINGTON

7 AIRPORTS ACT OF 1986.

8 Except as otherwise expressly provided, whenever in

9 this title an amendment or repeal is expressed in terms

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a

12 section or other provision of the Metropolitan Washington

13 Airports Act of 1986 (100 Stat. 3341–376 et seq.).

14 SEC. 503. USE OF LEASED PROPERTY.

15 Section 6005(c)(2) is amended by inserting before the

16 period at the end of the second sentence the following:

17 ‘‘which are not inconsistent with the needs of aviation’’.

18 SEC. 504. BOARD OF DIRECTORS.

19 (a) APPOINTMENT OF ADDITIONAL MEMBERS.—Sec20 tion 6007(e)(1) is amended—

21 (1) in the matter preceding subparagraph (A)

22 by striking ‘‘11’’ and inserting ‘‘15’’;

23 (2) in subparagraph (D) by striking ‘‘one mem24 ber’’ and inserting ‘‘five members’’.
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1 (b) RESTRICTIONS.—Section 6007(e)(2) is amended

2 by striking ‘‘except that’’ and all that follows through the

3 period and inserting ‘‘except that the members appointed

4 by the President shall be registered voters of States other

5 than Maryland, Virginia, or the District of Columbia.’’.

6 (c) TERMS.—Section 6007(e)(3) is amended—

7 (1) in subparagraph (B) by striking ‘‘and’’ at

8 the end;

9 (2) in subparagraph (C) by striking the period

10 at the end and inserting ‘‘; and’’; and

11 (3) by adding at the end the following:

12 ‘‘(D) by the President after the date of the

13 enactment of this subparagraph, 2 shall be ap14 pointed for 4 years.

15 A member may serve after the expiration of that

16 member’s term until a successor has taken office.’’.

17 (d) VACANCIES.—Section 6007(e) is further amended

18 by redesignating paragraphs (4) and (5) as paragraphs

19 (7) and (8), respectively, and by inserting after paragraph

20 (3) the following:

21 ‘‘(4) VACANCIES.—A vacancy in the board of

22 directors shall be filled in the manner in which the

23 original appointment was made. Any member ap24 pointed to fill a vacancy occurring before the expira25 tion of the term for which the member’s predecessor
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1 was appointed shall be appointed only for the re2 mainder of such term.’’.

3 (e) POLITICAL PARTIES OF PRESIDENTIAL AP4 POINTEES.—Section 6007(e) is further amended by in5 serting after paragraph (4), as inserted by subsection (d)

6 of this section, the following:

7 ‘‘(5) POLITICAL PARTIES OF PRESIDENTIAL AP8 POINTEES.—Not more than 3 of the members of the

9 board appointed by the President may be of the

10 same political party.’’.

11 (f) DUTIES OF PRESIDENTIAL APPOINTEES.—Sec12 tion 6007(e) is further amended by inserting after para13 graph (5), as inserted by subsection (e) of this section,

14 the following:

15 ‘‘(6) DUTIES OF PRESIDENTIAL APPOINTEES.—

16 In carrying out their duties on the board, members

17 of the board appointed by the President shall ensure

18 that adequate consideration is given to the national

19 interest.’’.

20 (g) REQUIRED NUMBER OF VOTES.—Section

21 6007(e)(8), as redesignated by subsection (d) of this sec22 tion, is amended by striking ‘‘Seven’’ and inserting

23 ‘‘Nine’’.
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1 SEC. 505. FEDERAL ADVISORY COMMISSION.

2 (a) IN GENERAL.—Section 6007(f) is amended by

3 striking the subsection designation, heading, and para4 graph (1) and inserting the following:

5 ‘‘(f) FEDERAL ADVISORY COMMISSION.—

6 ‘‘(1) COMPOSITION.—There is established a

7 Federal Advisory Commission of the Airports Au8 thority which shall represent the interests of users of

9 the Metropolitan Washington Airports and shall be

10 composed of 9 members appointed by the Secretary

11 of Transportation.’’.

12 (b) REFERENCES TO BOARD OF REVIEW.—The Act

13 is amended—

14 (1) in section 6007(f) by striking ‘‘Board of Re15 view’’ each place it appears and inserting ‘‘Federal

16 Advisory Commission’’;

17 (2) in section 6007(f)(3)—

18 (A) in the third sentence by striking

19 ‘‘Board’’ each place it appears and inserting

20 ‘‘Commission’’; and

21 (B) in the fourth sentence by striking

22 ‘‘Board’’ the second place it appears and insert23 ing ‘‘Commission’’;

24 (3) in the second sentence of section

25 6007(f)(6), as redesignated by section 8(a) of this
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1 Act, by striking ‘‘Board’’ and inserting ‘‘Commis2 sion’’;

3 (4) in section 6007(f)(7), as redesignated by

4 section 8(a) of this Act, by striking ‘‘Board’’ the sec5 ond place it appears and inserting ‘‘Commission’’;

6 and

7 (5) in section 6009(b) by striking ‘‘Board of

8 Review’’ and inserting ‘‘Federal Advisory Commis9 sion’’.

10 (c) OTHER CONFORMING AMENDMENTS.—Section

11 6007(f)(2) is amended—

12 (1) in subparagraph (A)—

13 (A) by striking ‘‘paragraphs (1)(A) and

14 (1)(B)’’ and inserting ‘‘paragraph (1)’’; and

15 (B) by striking the second sentence; and

16 (2) in subparagraph (D) by striking ‘‘and lists

17 have been provided for appointments to fill such va18 cancies’’.

19 SEC. 506. REVIEW PROCEDURE.

20 (a) SUBMISSION OF ACTIONS.—Section

21 6007(f)(4)(A) is amended to read as follows:

22 ‘‘(A) SUBMISSION REQUIRED.—

23 ‘‘(i) IN GENERAL.—An action of the

24 Airports Authority described in subpara25 graph (B) shall be submitted to the Fed-
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1 eral Advisory Commission, the Speaker of

2 the House of Representatives, and the

3 President Pro Tempore of the Senate at

4 least 60 days before the action is to be5 come effective.

6 ‘‘(ii) URGENT AND COMPELLING CIR7 CUMSTANCES.—An action submitted to the

8 Federal Advisory Commission and Con9 gress in accordance with clause (i) may be10 come effective before the expiration of the

11 60-day period referred to in clause (i) if

12 the board of directors certifies, in writing,

13 to the Secretary and Congress that urgent

14 and compelling circumstances exist that

15 significantly affect the interests of the

16 traveling public and will not permit waiting

17 for the expiration of such 60-day period.’’.

18 (b) RECOMMENDATIONS.—Section 6007(f)(4)(C) is

19 amended to read as follows:

20 ‘‘(C) RECOMMENDATIONS.—The Federal

21 Advisory Commission may make to the board of

22 directors and Congress recommendations re23 garding an action within 30 calendar days of its

24 submission under this paragraph. Such rec-
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1 ommendations may include a recommendation

2 that the action not take effect.’’.

3 (c) EFFECT OF RECOMMENDATIONS.—

4 (1) REPEAL.—Section 6007(f)(4) is amended

5 by striking subparagraph (D) and by redesignating

6 subparagraph (E) as subparagraph (D).

7 (2) CONFORMING AMENDMENT.—Section

8 6007(f)(5)(B) is amended by striking ‘‘paragraph

9 (4)(D)(ii)’’ and inserting ‘‘paragraph (4)’’.

10 (d) EXPIRATION OF AUTHORITY.—Section

11 6007(f)(4) is amended by adding at the end the following:

12 ‘‘(E) EXPIRATION OF AUTHORITY.—

13 ‘‘(i) IN GENERAL.—Except as pro14 vided in clause (ii), the authority of the

15 Airports Authority to take any of the ac16 tions described in subparagraph (B) shall

17 expire on April 30, 1997.

18 ‘‘(ii) SPECIAL RULE.—If on any day

19 after April 29, 1997, all of the members to

20 be appointed to the board of directors by

21 the President under section 6007(e)(1)(D)

22 are serving on the board, the authority of

23 the board referred to in clause (i) shall be

24 effective beginning on such day and shall

25 expire on September 30, 1998.’’.
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1 (e) PROTECTION OF CERTAIN ACTIONS.—Actions

2 taken by the Metropolitan Washington Airports Authority

3 and submitted to the Board of Review pursuant to section

4 6007(f)(4) of the Metropolitan Washington Airports Act

5 of 1986 before the date of the enactment of this Act shall

6 remain in effect and shall not be set aside solely by reason

7 of a judicial order invalidating certain functions of the

8 Board of Review.

9 SEC. 507. CONGRESSIONAL DISAPPROVAL PROCEDURES.

10 (a) COMMITTEE REFERRAL.—Section 6007(f)(5)(C)

11 is amended—

12 (1) by striking ‘‘Public Works and Transpor13 tation’’ and inserting ‘‘Transportation and Infra14 structure’’; and

15 (2) by striking ‘‘Commerce, Science and Tech16 nology’’ and inserting ‘‘Commerce, Science, and

17 Transportation’’.

18 (b) HOUSE PROCEDURE.—Section 6007(f)(5) is

19 amended—

20 (1) by striking subparagraphs (D), (E), and

21 (F);

22 (2) by redesignating subparagraphs (G) and

23 (H) as subparagraphs (E) and (F), respectively; and

24 (3) by inserting after subparagraph (C) the fol25 lowing:
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1 ‘‘(D) HOUSE PROCEDURE.—When the

2 committee of the House has reported a resolu3 tion, it is at any time (consistent with clause

4 2(l)(6) of rule 11 of the Rules of the House of

5 Representatives) in order for the chairman of

6 the committee or his or her designee to move

7 that the House proceed to the consideration of

8 the resolution in the House. All points of order

9 against the resolution and against consideration

10 of the resolution are waived. The motion is

11 highly privileged. The previous question shall be

12 considered as ordered on that motion to its

13 adoption without intervening motion. A motion

14 to reconsider the vote by which the motion is

15 agreed to or disagreed to shall not be in order.

16 During consideration of the resolution, the first

17 reading of the resolution shall be dispensed

18 with. Debate shall proceed without intervening

19 motion, shall be confined to the resolution, and

20 shall not exceed 2 hours equally divided and

21 controlled by the chairman and ranking minor22 ity member of the committee. The previous

23 question shall be considered as ordered on the

24 resolution to final passage without intervening
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1 motion. A motion to reconsider the vote on pas2 sage of the resolution shall not be in order.’’.

3 SEC. 508. OTHER MATTERS RELATING TO FEDERAL ADVI4 SORY COMMISSION.

5 (a) REQUEST FOR CONSIDERATION OF OTHER MAT6 TERS; PARTICIPATION IN MEETINGS.—Section 6007(f) is

7 amended by striking paragraphs (6) and (7) and by redes8 ignating paragraphs (8), (9), (10), and (11) as paragraphs

9 (6), (7), (8), and (9), respectively.

10 (b) REMOVAL OF FEDERAL ADVISORY COMMISSION

11 MEMBERS.—Section 6007(f)(9), as redesignated by sub12 section (a) of this section, is amended by striking ‘‘by a

13 two-thirds vote of the board of directors’’ and inserting

14 ‘‘by the Secretary of Transportation’’.

15 SEC. 509. EFFECT OF JUDICIAL ORDERS.

16 (a) IN GENERAL.—Section 6007 is amended by strik17 ing subsection (h) and by redesignating subsection (i) as

18 subsection (h).

19 (b) CONFORMING AMENDMENT.—Section 6011 is

20 amended by striking ‘‘Except as provided in section

21 6007(h), if’’ and inserting ‘‘If’’.

22 SEC. 510. FEDERAL ADVISORY COMMITTEE ACT.

23 Section 6007 is further amended by inserting after

24 subsection (h), as redesignated by section 9(a) of this Act,

25 the following:
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1 ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT.—The

2 Federal Advisory Committee Act (5 U.S.C. App.) shall not

3 apply to the Federal Advisory Commission.’’.

4 SEC. 511. USE OF DULLES ACCESS HIGHWAY.

5 The Act is further amended by adding at the end the

6 following:

7 ‘‘SEC. 6013. USE OF DULLES ACCESS HIGHWAY.

8 ‘‘(a) RESTRICTIONS.—The Airports Authority shall

9 continue in effect and enforce paragraphs (1) and (2) of

10 section 4.2 of the Metropolitan Washington Airports Reg11 ulations, as in effect on February 1, 1995.

12 ‘‘(b) ENFORCEMENT.—The district courts of the

13 United States shall have jurisdiction to compel the Air14 ports Authority and its officers and employees to comply

15 with the requirements of this section. An action may be

16 brought on behalf of the United States by the Attorney

17 General, or by any aggrieved party.’’.

18 SEC. 512. AMENDMENT OF LEASE.

19 The Secretary of Transportation shall amend the

20 lease entered into with the Metropolitan Washington Air21 ports Authority under section 6005(a) of the Metropolitan

22 Washington Airports Authority Act of 1986 to secure the

23 Airports Authority’s consent to the amendments made to

24 such Act by this Act.
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1 SEC. 513. AVAILABILITY OF SLOTS.

2 (a) IN GENERAL.—Section 41714 of title 49, United

3 States Code, is amended—

4 (1) in subsections (a)(1), (b)(1), and (c)(1) by

5 striking ‘‘(other than Washington National Air6 port)’’; and

7 (2) by redesignating subsection (h) as sub8 section (i) and by inserting after subsection (g) the

9 following:

10 ‘‘(h) LIMITATION ON AUTHORITY TO GRANT EXEMP11 TIONS.—The Secretary shall not issue an exemption under

12 this section to the requirements of subparts K and S of

13 part 93 of title 14 of the Code of Federal Regulations

14 (pertaining to slots at high density airports) if the grant

15 of such exemption would adversely affect safety.’’.

16 (b) CONFORMING AMENDMENT.—Section 6009(e)(1)

17 is amended by striking ‘‘The Administrator’’ and inserting

18 ‘‘Except as provided by section 41714 of title 49, United

19 States Code, the Administrator’’.

20 TITLE VI—EXTENSION OF AIR21 PORT AND AIRWAY TRUST

22 FUND TAXES AND EXPENDI23 TURE AUTHORITY

24 SEC. 601. EXTENSION OF AIRPORT AND AIRWAY TRUST

25 FUND EXCISE TAXES.

26 (a) FUEL TAXES.—
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1 (1) Subparagraph (A) of section 4091(b)(3) of

2 the Internal Revenue Code of 1986 is amended to

3 read as follows:

4 ‘‘(A) The rate of tax specified in para5 graph (1) shall be 4.3 cents per gallon—

6 ‘‘(i) after December 31, 1995, and be7 fore the date which is 30 days after the

8 date of the enactment of the Federal Avia9 tion Authorization Act of 1996, and

10 ‘‘(ii) after December 31, 1999.’’

11 (2) Section 4081(d) of such Code is amended—

12 (A) by adding at the end the following new

13 paragraph:

14 ‘‘(3) AVIATION GASOLINE.—After December 31,

15 1999, the rate of tax specified in subsection

16 (a)(2)(A)(i) on aviation gasoline shall be 4.3 cents

17 per gallon.’’, and

18 (B) by inserting ‘‘(other than the tax on

19 aviation gasoline)’’ after ‘‘subsection

20 (a)(2)(A)’’.

21 (3) Section 4041(c)(5) of such Code is amended

22 by inserting ‘‘, and during the period beginning on

23 the date which is 30 days after the date of the en24 actment of the Federal Aviation Authorization Act
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1 of 1996 and ending on December 31, 1999’’ after

2 ‘‘December 31, 1995’’.

3 (b) TICKET TAXES.—Sections 4261(g) and 4271(d)

4 of such Code are each amended by striking ‘‘January 1,

5 1996’’ and inserting ‘‘January 1, 1996, and to transpor6 tation beginning on or after the date which is 30 days

7 after the date of the enactment of the Federal Aviation

8 Authorization Act of 1996 and before January 1, 2000’’.

9 (c) TRANSFERS TO AIRPORT AND AIRWAY TRUST

10 FUND.—

11 (1) Subsection (b) of section 9502 of such Code

12 is amended by striking ‘‘January 1, 1996’’ each

13 place it appears and inserting ‘‘January 1, 2000’’.

14 (2) Paragraph (3) of section 9502(f) of such

15 Code is amended to read as follows:

16 ‘‘(3) TERMINATION.—Notwithstanding the pre17 ceding provisions of this subsection, the Airport and

18 Airway Trust Fund financing rate shall be zero with

19 respect to—

20 ‘‘(A) taxes imposed after December 31,

21 1995, and before the date which is 30 days

22 after the date of the enactment of the Federal

23 Aviation Authorization Act of 1996, and

24 ‘‘(B) taxes received after December 31,

25 1999.’’
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1 (3) Subsection (d) of section 9502 of such Code

2 is amended by adding at the end the following new

3 paragraph:

4 ‘‘(5) TRANSFERS FROM AIRPORT AND AIRWAY

5 TRUST FUND ON ACCOUNT OF REFUNDS OF TAXES

6 ON TRANSPORTATION BY AIR.—The Secretary of the

7 Treasury shall pay from time to time from the Air8 port and Airway Trust Fund into the general fund

9 of the Treasury amounts equivalent to the amounts

10 paid after December 31, 1995, under section 6402

11 (relating to authority to make credits or refunds) or

12 section 6415 (relating to credits or refunds to per13 sons who collected certain taxes) in respect of taxes

14 under sections 4261 and 4271.’’

15 (d) EFFECTIVE DATES.—

16 (1) IN GENERAL.—The amendments made by

17 this section shall take effect on the date of the en18 actment of this Act, except that the amendment

19 made by subsection (b) shall not apply to any

20 amount paid on or before such date.

21 (2) TRANSFERS.—The amendments made by

22 subsection (c) shall take effect on January 1, 1996.
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1 SEC. 602. EXTENSION OF AIRPORT AND AIRWAY TRUST

2 FUND EXPENDITURES.

3 (a) EXTENSION OF EXPENDITURE AUTHORITY.—

4 Paragraph (1) of section 9502(d) of the Internal Revenue

5 Code of 1986 is amended by striking ‘‘October 1, 1996’’

6 and inserting ‘‘October 1, 1999’’.

7 (b) EXTENSION OF TRUST FUND PURPOSES.—Sub8 paragraph (A) of section 9502(d)(1) of such Code is

9 amended by adding at the end ‘‘or the Federal Aviation

10 Authorization Act of 1996’’.

Æ