Union Calendar No. 385

104TH CONGRESS

2D SESSION H. R. 3539

[Report No. 104–714, Part I]

A BILL

To amend title 49, United States Code, to reauistration, and for other purposes. thorize programs of the Federal Aviation AdminJULY 30, 1996

The Committee on Ways and Means discharged; commitof the Union and ordered to be printed ted to the Committee of the Whole House on the State
IB

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Union Calendar No. 385

104TH CONGRESS

2D SESSION H. R. 3539

[Report No. 104–714, Part I]

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

JULY 26, 1996

Committee on Rules discharged

JULY 26, 1996

Reported from the Committee on Transportation and Infrastructure with an

amendment

[Strike out all after the enacting clause and insert the part printed in italic and roman]

JULY 26, 1996

Referral to Ways and Means extended for a period no later than July 29,

1996

JULY 29, 1996

Referral to Ways and Means extended for a period no later than July 30,

1996

JULY 30, 1996

The Committee on Ways and Means discharged; committed to the Committee

of the Whole House on the State of the Union and ordered to be printed
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[For text of introduced bill, see copy of bill as introduced on May 29, 1996]

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.

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. Issuance of letters of intent.

Sec. 307. Selection of projects for grants from discretionary fund.

Sec. 308. Small airport fund.

Sec. 309. State block grant program.
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Sec. 310. Private ownership of airports.

Sec. 311. Use of noise set-aside funds by non-airport sponsors.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Purchase of housing units.

Sec. 402. Technical correction relating to State taxation.

Sec. 403. Use of passenger facility fees for debt financing project.

Sec. 404. Protection of voluntarily submitted information.

Sec. 405. Supplemental type certificates.

Sec. 406. Restriction on use of revenues.

Sec. 407. Certification of small airports.

Sec. 408. Discretionary authority for criminal history records checks.

Sec. 409. Imposition of fees.

Sec. 410. Authority to close airport located near closed or realigned military base.

Sec. 411. Construction of runways.

Sec. 412. Gadsden Air Depot, Alabama.

Sec. 413. Regulations affecting intrastate aviation in Alaska.

Sec. 414. Westchester County Airport, New York.

Sec. 415. Bedford Airport, Pennsylvania.

Sec. 416. Location of Doppler radar stations, New York.

Sec. 417. Worcester Municipal Airport, Massachusetts.

Sec. 418. Aircraft Noise Ombudsman.

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—RECOMMENDATION TO COMMITTEE ON WAYS AND

MEANS ON EXTENSION OF AIRPORT AND AIRWAY TRUST FUND

TAXES AND EXPENDITURE AUTHORITY

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, a

5 section or other provision of law, the reference shall be con-
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1 sidered to be made to a section or other provision of title

2 49, United States Code.

3 SEC. 3. APPLICABILITY.

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

5 provided, titles I, II, III, and IV of this Act and the amend6 ments made by such titles shall apply only to fiscal years

7 beginning after September 30, 1996.

8 (b) LIMITATION ON STATUTORY CONSTRUCTION.—

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

10 shall be construed as affecting funds made available for a

11 fiscal year ending before October 1, 1996.

12 TITLE I—REAUTHORIZATION OF

13 FAA PROGRAMS

14 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

16 48103 is amended—

17 (1) by striking ‘‘September 30, 1981’’ and insert18 ing ‘‘September 30, 1996’’; and

19 (2) by striking ‘‘$17,583,500,000’’ and all that

20 follows through the period at the end and inserting

21 the following: ‘‘$2,280,000,000 for fiscal years ending

22 before October 1, 1997, $4,627,000,000 for fiscal years

23 ending before October 1, 1998, and $7,039,000,000 for

24 fiscal years ending before October 1, 1999.’’.
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1 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is

2 amended by striking ‘‘1996’’ and inserting ‘‘1999’’.

3 SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

5 48101(a) is amended by striking paragraphs (1) through

6 (4) and inserting the following:

7 ‘‘(1) $2,068,000,000 for fiscal year 1997.

8 ‘‘(2) $2,129,000,000 for fiscal year 1998.

9 ‘‘(3) $2,191,000,000 for fiscal year 1999.’’.

10 (b) CLERICAL AMENDMENTS.—Chapter 481 is amend11 ed—

12 (1) by striking the heading for section 48101 and

13 inserting the following:

14 ‘‘§ 48101. Air navigation facilities and equipment’’;

15 and

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

17 relating to section 48101 and inserting the following:

‘‘48101. Air navigation facilities and equipment.’’.

18 SEC. 103. OPERATIONS OF FAA.

19 (a) AUTHORIZATION OF APPROPRIATIONS FROM GEN20 ERAL FUND.—Section 106(k) is amended by striking

21 ‘‘$4,088,000,000’’ and all that follows through the period

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

23 fiscal year 1997, $5,344,000,000 for fiscal year 1998, and

24 $5,538,000,000 for fiscal year 1999.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS FROM

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

3 (1) in the subsection heading by striking ‘‘1996’’

4 and inserting ‘‘1999’’; and

5 (2) by striking ‘‘1994, 1995, and 1996’’ and in6 serting ‘‘1994 through 1999’’.

7 (c) LIMITATION ON OBLIGATING OR EXPENDING

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

9 ‘‘1996’’ and inserting ‘‘1999’’.

10 (d) CLERICAL AMENDMENTS.—Chapter 481 is amend11 ed—

12 (1) by striking the heading for section 48104 and

13 inserting the following:

14 ‘‘§ 48104. Operations and maintenance’’;

15 and

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

17 striking the item relating to section 48104 and insert18 ing the following:

‘‘48104. Operations and maintenance.’’.

19 TITLE II—AIRPORT

20 DEVELOPMENT FINANCING

21 SEC. 201. APPORTIONMENTS.

22 (a) AMOUNTS APPORTIONED TO SPONSORS.—

23 (1) PRIMARY AIRPORTS.—Section 47114(c)(1)(A)

24 is amended—
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1 (A) by striking ‘‘and’’ at the end of clause

2 (iii);

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

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

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

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

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

8 ‘‘(v) $.50 for each additional passenger boarding

9 at the airport during the prior calendar year.’’.

10 (2) CARGO ONLY AIRPORTS.—Section

11 47114(c)(2) of such title is amended to read as fol12 lows:

13 ‘‘(2) CARGO ONLY AIRPORTS.—

14 ‘‘(A) APPORTIONMENT.—Subject to subpara15 graph (D), the Secretary shall apportion an

16 amount equal to 2.5 percent of the amount sub17 ject to apportionment each fiscal year to the

18 sponsors of airports served by aircraft providing

19 air transportation of only cargo with a total an20 nual landed weight of more than 100,000,000

21 pounds.

22 ‘‘(B) SUBALLOCATION FORMULA.—Any

23 funds apportioned under subparagraph (A) to

24 sponsors of airports described in subparagraph

25 (A) shall be allocated among those airports in
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1 the proportion that the total annual landed

2 weight of aircraft described in subparagraph (A)

3 landing at each of those airports bears to the

4 total annual landed weight of those aircraft

5 landing at all those airports.

6 ‘‘(C) LIMITATION.—Not more than 8 per7 cent of the amount apportioned under subpara8 graph (A) may be apportioned for any one air9 port.

10 ‘‘(D) DISTRIBUTION TO OTHER AIRPORTS.—

11 Before apportioning amounts to the sponsors of

12 airports under subparagraph (A) for a fiscal

13 year, the Secretary may set-aside a portion of

14 such amounts for distribution to the sponsors of

15 other airports, selected by the Secretary, that the

16 Secretary finds will be served primarily by air17 craft providing air transportation of only cargo.

18 ‘‘(E) DETERMINATION OF LANDED

19 WEIGHT.—Landed weight under this paragraph

20 is the landed weight of aircraft landing at each

21 airport described in subparagraph (A) during

22 the prior calendar year.’’.

23 (3) REPEAL OF LIMITATION.—Section

24 47114(c)(3) is repealed.
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1 (b) AMOUNTS APPORTIONED TO STATES.—Section

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

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

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

5 inserting ‘‘0.66’’;

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

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

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

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

10 that follows through ‘‘title,’’ and inserting ‘‘excluding

11 primary airports but including reliever and nonpri12 mary commercial service airports,’’.

13 SEC. 202. DISCRETIONARY FUND.

14 Section 47115 is amended by striking the second sub15 section (f), relating to minimum amounts to be credited,

16 and inserting the following:

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

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

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

20 available under section 48103 of this title, an amount

21 that is at least equal to the sum of—

22 ‘‘(A) $50,000,000; plus

23 ‘‘(B) the total amount required from the

24 fund to carry out in the fiscal year letters of in25 tent issued before January 1, 1996, under section
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1 47110(e) of this title or the Airport and Airway

2 Improvement Act of 1982.

3 The amount credited is exclusive of amounts that have

4 been apportioned in a prior fiscal year under section

5 47114 of this title and that remain available for obli6 gation.

7 ‘‘(2) REDUCTION OF APPORTIONMENTS.—In a

8 fiscal year in which the amount credited under sub9 section (a) is less than the minimum amount to be

10 credited under paragraph (1), the total amount cal11 culated under paragraph (3) shall be reduced by an

12 amount that, when credited to the fund, together with

13 the amount credited under subsection (a), equals such

14 minimum amount.

15 ‘‘(3) AMOUNT OF REDUCTION.—For a fiscal year,

16 the total amount available to make a reduction to

17 carry out paragraph (2) is the total of the amounts

18 determined under sections 47114(c)(1)(A),

19 47114(c)(2), 47114(d), and 47117(e) of this title.

20 Each amount shall be reduced by an equal percentage

21 to achieve the reduction.

22 ‘‘(h) ALLOCATION OF AMOUNTS EXCEEDING LETTER

23 OF INTENT REQUIREMENTS.—Of the amount credited to the

24 fund for a fiscal year which exceeds the total amount re25 quired from the fund to carry out in the fiscal year letters
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1 of intent issued before January 1, 1996, under section

2 47110(e) of this title or the Airport and Airway Improve3 ment Act of 1982—

4 ‘‘(1) not less than 15 percent shall be used for

5 system planning and for making grants to airports

6 that are not commercial service airports; and

7 ‘‘(2) not less than 30 percent shall be used for

8 making grants to commercial service airports that

9 each year have less than .25 percent of the total pas10 senger boardings in the United States.’’.

11 SEC. 203. USE OF APPORTIONED AMOUNTS.

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

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

14 first sentence the following: ‘‘or the 3 fiscal years imme15 diately following that year in the case of a primary airport

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

17 United States in the preceding calendar year’’.

18 (b) SPECIAL APPORTIONMENT CATEGORIES.—Section

19 47117(e)(1) is amended—

20 (1) by striking ‘‘made available under section

21 48103’’ and inserting ‘‘available to the discretionary

22 fund under section 47115’’;

23 (2) by striking subparagraphs (A), (C), and (D);

24 (3) by redesignating subparagraphs (B) and (E)

25 as subparagraphs (A) and (B), respectively;
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1 (4) in subparagraph (A), as so redesignated, by

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

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

4 as so redesignated, the following: ‘‘The Secretary may

5 count the amount of grants made for such planning

6 and programs with funds apportioned under section

7 47114 in that fiscal year in determining whether or

8 not such 31 percent requirement is being met in that

9 fiscal year.’’;

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

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

12 ‘‘1996,’’ and inserting ‘‘At least 4 percent for each

13 fiscal year thereafter’’; and

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

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

16 ‘‘and to sponsors of noncommercial service airports

17 for grants for operational and maintenance expenses

18 at any such airport if the amount of such grants to

19 the sponsor of the airport does not exceed $30,000 in

20 that fiscal year, if the Secretary determines that the

21 airport is adversely affected by the closure or realign22 ment of a military base, and if the sponsor of the air23 port certifies that the airport would otherwise close if

24 the airport does not receive the grant’’.
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1 SEC. 204. DESIGNATING CURRENT AND FORMER MILITARY

2 AIRPORTS.

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

4 amended—

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

6 (2) by inserting after the first sentence the fol7 lowing: ‘‘The maximum number of airports which

8 may be designated by the Secretary under this section

9 at any time is 10.’’; and

10 (3) by striking ‘‘reduce delays’’ and all that fol11 lows through ‘‘landings’’ and inserting the following:

12 ‘‘enhance airport and air traffic control system ca13 pacity in major metropolitan areas and reduce cur14 rent or projected flight delays’’.

15 (b) SURVEY AND CONSIDERATIONS.—Section 47118 is

16 amended—

17 (1) in subsections (a) and (d) by striking ‘‘sec18 tion 47117(e)(1)(E)’’ and inserting ‘‘section

19 47117(e)(1)(B)’’; and

20 (2) by striking subsections (b) and (c) and redes21 ignating subsections (d), (e), and (f) as subsections

22 (b), (c), and (d), respectively.

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

24 Subsection (d) of section 47118, as redesignated by sub25 section (b) of this section, is amended by striking ‘‘for the
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1 fiscal years ending September 30, 1993–1996,’’ and insert2 ing ‘‘for fiscal years beginning after September 30, 1992,’’.

3 SEC. 205. SELECT PANEL ON AIRPORT AND AGENCY FI4 NANCING.

5 (a) ESTABLISHMENT.—There is established an advi6 sory committee which shall be known as the Select Panel

7 on Airport and Agency Financing (hereinafter in this sec8 tion referred to as the ‘‘panel’’).

9 (b) FUNCTIONS.—The panel shall evaluate and rec10 ommend innovative financing mechanisms for ensuring

11 adequate funding for airport capital needs and Federal

12 Aviation Administration capital and operating needs.

13 (c) MEMBERSHIP.—The panel shall consist of 15 mem14 bers as follows:

15 (1) 7 members appointed by the Secretary of

16 Transportation, in consultation with the Secretary of

17 the Treasury, of whom—

18 (A) 3 shall have expertise in aviation; and

19 (B) 3 shall have expertise in financing, in20 cluding at least 1 with expertise in airport fi21 nancing.

22 (2) 8 members appointed by Congress as follows:

23 (A) 1 member appointed by each of the

24 chairman and ranking minority member of the
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1 Committee on Transportation and Infrastructure

2 of the House of Representatives.

3 (B) 1 member appointed by each of the

4 chairman and ranking minority member of the

5 Committee on Appropriations of the House of

6 Representatives.

7 (C) 1 member appointed by each of the

8 chairman and ranking minority member of the

9 Committee on Commerce, Science, and Transpor10 tation of the Senate.

11 (D) 1 member appointed by each of the

12 chairman and ranking minority member of the

13 Committee on Appropriations of the Senate.

14 (d) RESTRICTION ON APPOINTMENT OF CURRENT

15 AVIATION EMPLOYEES.—A member appointed under sub16 section (c)(1) may not be an employee of an airline, airport,

17 or aviation trade association at the time of appointment

18 or while serving on the panel.

19 (e) CHAIRMAN.—The Secretary of Transportation, in

20 consultation with the Secretary of the Treasury, shall des21 ignate a chairman of the panel from among the members

22 appointed under subsection (c)(1).

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

24 consultation with the Secretary of the Treasury, shall pro25 vide the panel with a charter of the matters to be evaluated
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1 and addressed by the panel. The charter, at a minimum,

2 shall direct the panel to undertake the following:

3 (1) Evaluate and identify current and expected

4 airport capital needs and Federal Aviation Adminis5 tration capital and operating needs.

6 (2) Assess the ability of various financing mech7 anisms to meet airport capital requirements by type

8 and size of airport. The financing mechanisms to be

9 assessed under this paragraph include the airport im10 provement program, passenger facility charges, tax11 exempt bonds, State and local assistance, airport pri12 vatization, infrastructure banks, government-spon13 sored enterprises, and leveraging of Federal airport

14 funding. In conducting the assessment under this

15 paragraph, the panel shall consider the special prob16 lems of non-hub airports and general aviation air17 ports.

18 (3) Based on alternative funding scenarios for

19 the airport improvement program ranging from

20 elimination of funding to full funding to current

21 amounts made available, assess and recommend alter22 native financing approaches that will address airport

23 capital requirements.

24 (4) Assess the ability of various financing mech25 anisms to fund the operations and capital require-
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1 ments of the Federal Aviation Administration in a

2 manner that will provide for future growth in the Na3 tion’s air traffic system, improve the management

4 and performance of the air traffic control system, pro5 vide for continued safety improvements, and make the

6 Administration more efficient and effective. The fi7 nancing mechanisms to be assessed under this para8 graph include loan guarantees, financial partnerships

9 with for-profit private sector entities, multi-year ap10 propriations, revolving loan funds, mandatory spend11 ing authority, authority to borrow, restructured grant

12 programs, and user fees.

13 (g) INDEPENDENT AUDIT.—

14 (1) CONTRACTS.—Immediately following the ap15 pointment of the panel, the panel shall contract with

16 an entity independent of the Federal Aviation Ad17 ministration and the Department of Transportation

18 to conduct a complete audit of the financial require19 ments of the Administration, including anticipated

20 air traffic forecasts, other workload measures, and es21 timated productivity gains which lead to budgetary

22 requirements.

23 (2) DEADLINE.—The independent audit shall be

24 completed no later than 180 days after the date of the

25 contract award and shall be submitted to the panel.
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1 (3) FUNDING.—The Administrator of the Federal

2 Aviation Administration shall make available to the

3 panel from funds appropriated to the Administration

4 such sums as may be necessary to enter into a con5 tract under this subsection.

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

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

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

9 usual place of residence, in accordance with section 5703

10 of title 5, United States Code.

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

12 Administrator shall make available to the panel such staff,

13 information, and administrative services and assistance as

14 may reasonably be required to enable the panel to carry

15 out its responsibilities under this section.

16 (j) REPORT.—Not later than 1 year after the date of

17 the appointment of the last member to the panel under sub18 section (c), the panel shall submit to Congress and the Ad19 ministrator a report on the results of the review conducted

20 under this section.

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

22 the date of the enactment of this Act, the Comptroller Gen23 eral shall transmit to the panel and Congress an independ24 ent assessment of airport needs.
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1 TITLE III—AIRPORT IMPROVE2 MENT PROGRAM MODIFICA3 TIONS

4 SEC. 301. INTERMODAL PLANNING.

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

6 as follows:

7 ‘‘(g) INTERMODAL PLANNING.—To carry out the policy

8 of subsection (a)(5) of this section, the Secretary of Trans9 portation shall take each of the following actions:

10 ‘‘(1) COORDINATION IN DEVELOPMENT OF AIR11 PORT PLANS AND PROGRAMS.—Cooperate with State

12 and local officials in developing airport plans and

13 programs that are based on overall transportation

14 needs. The airport plans and programs shall be devel15 oped in coordination with other transportation plan16 ning and considering comprehensive long-range land17 use plans and overall social, economic, environmental,

18 system performance, and energy conservation objec19 tives. The process of developing airport plans and

20 programs shall be continuing, cooperative, and com21 prehensive to the degree appropriate to the complexity

22 of the transportation problems.

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

24 PLANS.—Encourage airport sponsors and State and
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1 local officials to develop airport master plans and

2 airport system plans that—

3 ‘‘(A) foster effective coordination between

4 aviation planning and metropolitan planning;

5 ‘‘(B) include an evaluation of aviation

6 needs within the context of multimodal planning;

7 and

8 ‘‘(C) are integrated with metropolitan plans

9 to ensure that airport development proposals in10 clude adequate consideration of land use and

11 ground transportation access.

12 ‘‘(3) REPRESENTATION OF AIRPORT OPERATORS

13 ON MPO’S.—Encourage metropolitan planning orga14 nizations, particularly in areas with populations

15 greater than 200,000, to establish membership posi16 tions for airport operators.’’.

17 (b) REQUIREMENTS FOR PROJECT GRANT APPLICA18 TIONS.—Section 47106(a) is amended—

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

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

21 paragraph (1);

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

23 (4);

24 (3) by striking the period at the end of para25 graph (5) and inserting ‘‘; and’’; and
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1 (4) by adding at the end the following:

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

3 an airport, the sponsor has—

4 ‘‘(A) provided the metropolitan planning

5 organization authorized to conduct metropolitan

6 planning for the area in which the airport is to

7 be located with not less than 30 days (i) to re8 view the airport master plan or the airport lay9 out plan in which the project is described and

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

11 plans to the sponsor; and

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

13 to the Secretary the sponsor’s written responses

14 to any comments made by the metropolitan

15 planning organization.’’.

16 SEC. 302. COMPLIANCE WITH FEDERAL MANDATES.

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

18 amended—

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

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

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

22 a grant under this subchapter and’’.

23 (b) USE OF PASSENGER FACILITY CHARGES.—Section

24 40117(a)(3) is amended by striking subparagraph (F).
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1 SEC. 303. RUNWAY MAINTENANCE PROGRAM.

2 (a) AUTHORITY.—Section 47105 is amended by add3 ing at the end the following:

4 ‘‘(g) RUNWAY MAINTENANCE PROGRAM.—The Sec5 retary may carry out a pilot program in each of fiscal years

6 1997, 1998, and 1999 under which the Secretary may ap7 prove applications under this subchapter for not more than

8 10 projects in each of such fiscal years to preserve and ex9 tend the useful life of runways and taxiways at any airport

10 for which an amount is apportioned under section

11 47114(d).’’.

12 (b) INCLUSION IN AIRPORT DEVELOPMENT ACTIVI13 TIES.—Section 47102(3) is amended by adding at the end

14 the following:

15 ‘‘(H) preserving and extending the useful

16 life of runways and taxiways at a public-use

17 airport under the pilot program authorized by

18 section 47105(g) of this title.’’.

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

20 Section 47107(a) is amended—

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

22 (18);

23 (2) by striking the period at the end of para24 graph (19) and inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(20) the airport owner or operator will permit,

2 to the maximum extent practicable, intercity buses to

3 have access to the airport.’’.

4 SEC. 305. COST REIMBURSEMENT FOR PROJECTS COM5 MENCED PRIOR TO GRANT AWARD.

6 (a) COST REIMBURSEMENT.—Section 47110(b)(2)(C)

7 is amended to read as follows:

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

9 amounts apportioned under paragraphs (1) and (2)

10 of section 47114(c) of this title and if the cost is in11 curred—

12 ‘‘(i) after September 30, 1996;

13 ‘‘(ii) before a grant agreement is executed

14 for the project; and

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

16 plan approved by the Secretary and with all

17 statutory and administrative requirements that

18 would have been applicable to the project if the

19 project had been carried out after the grant

20 agreement had been executed;’’.

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

22 is amended by adding at the end the following:

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

24 which cost reimbursement is provided under subsection

25 (b)(2)(C) shall not receive priority consideration with re-
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1 spect to the use of discretionary funds made available under

2 section 47115 of this title even if the amounts made avail3 able under paragraphs (1) and (2) of section 47114(c) are

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

5 of project.’’.

6 SEC. 306. ISSUANCE OF LETTERS OF INTENT.

7 Section 47110(e) is amended—

8 (1) by redesignating paragraph (6) as para9 graph (9); and

10 (2) by inserting after paragraph (5) the follow11 ing:

12 ‘‘(6) COST-BENEFIT REGULATIONS.—The Sec13 retary shall issue regulations to require a cost-benefit

14 analysis for any letter of intent to be issued under

15 paragraph (1) for a project at an airport that each

16 year has more than .25 percent of the total passenger

17 boardings in the United States. Until the date on

18 which such regulations take effect, the Secretary may

19 not issue a letter of intent under paragraph (1) for

20 any project that is not yet under construction and

21 that is to be carried out at an airport described in

22 the preceding sentence.

23 ‘‘(7) FINANCING PLANS.—The Secretary shall re24 quire airport sponsors to provide, as part of any re25 quest for a letter of intent for a project under para-
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1 graph (1), specific details on the proposed financing

2 plan for the project.

3 ‘‘(8) CONSIDERATION.—The Secretary shall con4 sider the effect of a project on overall national air

5 transportation policy when reviewing requests for let6 ters of intent under paragraph (1).’’.

7 SEC. 307. SELECTION OF PROJECTS FOR GRANTS FROM DIS8 CRETIONARY FUND.

9 Section 47115(d) is amended—

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

11 (2);

12 (2) by striking the period at the end of para13 graph (3) and inserting a semicolon; and

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

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

16 project;

17 ‘‘(5) the projected growth in the number of pas18 sengers that will be using the airport at which the

19 project will be carried out; and

20 ‘‘(6) any increase in the number of passenger

21 boardings in the preceding 12-month period at the

22 airport at which the project will be carried out, with

23 priority consideration to be given to projects at air24 ports at which the number of passenger boardings in25 creased by at least 20 percent as compared to the
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1 number of passenger boardings in the 12-month pe2 riod preceding such period.’’.

3 SEC. 308. SMALL AIRPORT FUND.

4 Section 47116 is amended by adding at the end the

5 following:

6 ‘‘(d) PRIORITY CONSIDERATION FOR CERTAIN

7 PROJECTS.—In making grants to sponsors described in sub8 section (b)(2), the Secretary shall give priority consider9 ation to multi-year projects for construction of new run10 ways that the Secretary finds are cost beneficial and would

11 increase capacity in a region of the United States.’’.

12 SEC. 309. STATE BLOCK GRANT PROGRAM.

13 (a) PARTICIPATING STATES.—Section 47128 is

14 amended—

15 (1) in subsection (a) by striking ‘‘7’’ and insert16 ing ‘‘10’’;

17 (2) in subsection (b)(1)—

18 (A) by striking ‘‘(1)’’; and

19 (B) by redesignating subparagraphs (A)

20 through (E) as paragraphs (1) through (5), re21 spectively; and

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

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

24 47128(c) is amended—
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1 (1) by striking ‘‘(b)(1)(B) or (C)’’ and inserting

2 ‘‘(b)(2) or (b)(3)’’; and

3 (2) by adding at the end the following: ‘‘In car4 rying out this subsection, the Secretary shall permit

5 a State to use the priority system of the State if such

6 system is not inconsistent with the national priority

7 system.’’.

8 (c) REPEAL OF EXPIRATION DATE.—

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

10 (A) by striking ‘‘pilot’’ in the section head11 ing;

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

13 and

14 (C) by striking subsection (d).

15 (2) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 471 is amended by striking the item

17 relating to section 47128 and inserting the following:

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

18 SEC. 310. PRIVATE OWNERSHIP OF AIRPORTS.

19 (a) ESTABLISHMENT OF PROGRAM.—

20 (1) IN GENERAL.—Subchapter I of chapter 471

21 is amended by adding at the end the following:

22 ‘‘§ 47132. Private ownership of airports

23 ‘‘(a) SUBMISSION OF APPLICATIONS.—If a sponsor in24 tends to sell an airport or lease an airport for a long term

25 to a person (other than a public agency), the sponsor and
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1 purchaser or lessee may apply to the Secretary of Transpor2 tation for exemptions under this section.

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

4 may approve, with respect to not more than 6 airports, ap5 plications submitted under subsection (a) granting exemp6 tions from the following provisions:

7 ‘‘(1) USE OF REVENUES.—

8 ‘‘(A) IN GENERAL.—The Secretary may

9 grant an exemption to a sponsor from the provi10 sions of sections 44706(d) and 47107(b) of this

11 title (and any other law, regulation, or grant as12 surance) to the extent necessary to permit the

13 sponsor to recover from the sale or lease of the

14 airport such amount as may be approved—

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

16 carriers serving the airport; and

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

18 whose aircraft landing at the airport dur19 ing the preceding calendar year had a total

20 landed weight during the preceding cal21 endar year of at least 60 percent of the total

22 landed weight of all aircraft landing at the

23 airport during such year.

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

25 paragraph, the term ‘landed weight’ means the
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1 weight of aircraft transporting passengers or

2 cargo, or both, in intrastate, interstate, and for3 eign air transportation, as the Secretary deter4 mines under regulations the Secretary prescribes.

5 ‘‘(2) REPAYMENT REQUIREMENTS.—The Sec6 retary may grant an exemption to a sponsor from the

7 provisions of sections 47107 and 47152 of this title

8 (and any other law, regulation, or grant assurance)

9 to the extent necessary to waive any obligation of the

10 sponsor to repay to the Federal Government any

11 grants, or to return to the Federal Government any

12 property, received by the airport under this title, the

13 Airport and Airway Improvement Act of 1982, or

14 any other law.

15 ‘‘(3) COMPENSATION FROM AIRPORT OPER16 ATIONS.—The Secretary may grant an exemption to

17 a purchaser or lessee from the provisions of sections

18 44706(d) and 47107(b) of this title (and any other

19 law, regulation, or grant assurance) to the extent nec20 essary to permit the purchaser or lessee to earn com21 pensation from the operations of the airport.

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

23 approve an application under subsection (b) only if the Sec24 retary finds that the sale or lease agreement includes provi25 sions satisfactory to the Secretary to ensure the following:
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1 ‘‘(1) The airport will continue to be available for

2 public use on reasonable terms and conditions and

3 without unjust discrimination.

4 ‘‘(2) The operation of the airport will not be in5 terrupted in the event that the purchaser or lessee be6 comes 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 appoint11 ment of a receiver, trustee, custodian, or liquidator

12 for the purchaser or lessee or a substantial part of the

13 purchaser or lessee’s property, assets, or business.

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

15 improve the facilities of the airport and will submit

16 to the Secretary a plan for carrying out such mainte17 nance and improvements.

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

19 carrier on the day before the date of the sale or lease

20 of the airport will not increase faster than the rate

21 of inflation unless a higher amount is approved—

22 ‘‘(A) by at least 60 percent of the air car23 riers serving the airport; and

24 ‘‘(B) by the air carrier or air carriers whose

25 aircraft landing at the airport during the pre-
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1 ceding calendar year had a total landed weight

2 during the preceding calendar year of at least 60

3 percent of the total landed weight of all aircraft

4 landing at the airport during such year.

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

6 maintained at the highest possible levels.

7 ‘‘(6) The adverse effects of noise from operations

8 at the airport will be mitigated to the same extent as

9 at a public airport.

10 ‘‘(7) Any adverse effects on the environment from

11 airport operations will be mitigated to the same ex12 tent as at a public airport.

13 ‘‘(8) Any collective bargaining agreement that

14 covers employees of the airport and is in effect on the

15 date of the sale or lease of the airport will not be ab16 rogated by the sale or lease.

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

18 Secretary approves under subsection (b) applications with

19 respect to 6 airports, at least one of the airports must be

20 an airport that is not a commercial service airport.

21 ‘‘(e) PASSENGER FACILITY FEES; APPORTIONMENTS;

22 SERVICE CHARGES.—Notwithstanding that the sponsor of

23 an airport receiving an exemption under subsection (b) is

24 not a public agency, the sponsor shall not be prohibited

25 from—
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1 ‘‘(1) imposing a passenger facility fee under sec2 tion 40117 of this title;

3 ‘‘(2) receiving apportionments under section

4 47114 of this title; or

5 ‘‘(3) collecting reasonable rental charges, landing

6 fees, and other service charges from aircraft operators

7 under section 40116(e)(2) of this title.

8 ‘‘(f) EFFECTIVENESS OF EXEMPTIONS.—An exemption

9 granted under subsection (b) shall continue in effect only

10 so long as the facilities sold or leased continue to be used

11 for airport purposes.

12 ‘‘(g) REVOCATION OF EXEMPTIONS.—The Secretary

13 may revoke an exemption issued to a purchaser or lessee

14 of an airport under subsection (b)(3) if, after providing the

15 purchaser or lessee with notice and an opportunity to be

16 heard, the Secretary determines that the purchaser or lessee

17 has knowingly violated any of the terms specified in sub18 section (c) for the sale or lease of the airport.

19 ‘‘(h) NONAPPLICATION OF PROVISIONS TO AIRPORTS

20 OWNED BY PUBLIC AGENCIES.—The provisions of this sec21 tion requiring the approval of air carriers in determina22 tions concerning the use of revenues, and imposition of fees,

23 at an airport shall not be extended so as to apply to any

24 airport owned by a public agency.’’.
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1 (2) CONFORMING AMENDMENT.—The table of sec2 tions for such chapter is further amended by adding

3 at the end the following:

‘‘47132. Private ownership of airports.’’.

4 (b) TAXATION.—Section 40116(b) is amended—

5 (1) by striking ‘‘a State or’’ and inserting ‘‘a

6 State, a’’; and

7 (2) by inserting after ‘‘of a State’’ the following:

8 ‘‘, and any person that has purchased or leased an

9 airport under section 47132 of this title’’.

10 (c) RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES

11 CONCERNING AIRPORT FEES.—Section 47129(a) is amend12 ed by adding at the end the following:

13 ‘‘(4) FEES IMPOSED BY PRIVATELY-OWNED AIR14 PORTS.—In evaluating the reasonableness of a fee im15 posed by an airport receiving an exemption under

16 section 47132 of this title, the Secretary shall consider

17 whether the airport has complied with section

18 47132(c)(4).’’.

19 SEC. 311. USE OF NOISE SET-ASIDE FUNDS BY NON-AIR20 PORT SPONSORS.

21 Section 47505 is amended—

22 (1) by redesignating subsection (b) as subsection

23 (c);
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1 (2) in subsection (c), as so redesignated, by strik2 ing ‘‘subsection (a) of’’ and inserting ‘‘subsection (a)

3 or (b) of’’; and

4 (3) by inserting after subsection (a) the follow5 ing:

6 ‘‘(b) GRANTS TO NON-AIRPORT SPONSORS.—

7 ‘‘(1) AUTHORITY.—The Secretary may make a

8 grant under this subsection to a State or unit of local

9 government that is not the owner or operator of the

10 airport for preparation of an airport land use com11 patibility plan or implementation of an airport land

12 use compatibility project.

13 ‘‘(2) PLANNING AUTHORITY.—In order to be eli14 gible to receive a grant under this subsection for prep15 aration of an airport land use compatibility plan, the

16 State or unit of local government must have authority

17 to plan and adopt land use control measures, includ18 ing zoning, in the planning area.

19 ‘‘(3) COORDINATION OF PLANNING ACTIVITIES.—

20 ‘‘(A) CONSISTENCY WITH OTHER PLAN21 NING.—An airport land use compatibility plan

22 prepared by a State or unit of local government

23 under this subsection may not duplicate or be in24 consistent with an airport noise compatibility

25 program prepared by an airport operator under
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1 this chapter or with other planning carried out

2 by the airport operator.

3 ‘‘(B) CONSULTATION WITH AIRPORT OWN4 ERS AND OPERATORS.—A State or unit of local

5 government receiving a grant under this sub6 section for preparation of an airport land use

7 compatibility plan shall consult with the owner

8 or operator of the airport for which the plan is

9 being prepared regarding any recommended air10 port land use compatibility measure identified

11 in the plan and any aviation data on which

12 such recommendation is made.

13 ‘‘(4) APPROVAL OF AIRPORT OWNER OR OPERA14 TOR REQUIRED.—The Secretary may make a grant to

15 a State or unit of local government under this sub16 section for preparation of an airport land use com17 patibility plan or implementation of an airport land

18 use compatibility project only after receiving the ap19 proval of the owner or operator of the airport for

20 which the plan or project is being prepared or imple21 mented. Such approval shall be based on whether the

22 plan or program, including the use of any noise expo23 sure contours on which the plan or project is based,

24 has been coordinated with the airport and is consist25 ent with the airport’s operations and planning.
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1 ‘‘(5) WRITTEN ASSURANCES.—The Secretary

2 may make a grant to a State or unit of local govern3 ment under this subsection only after receiving from

4 the State or unit of local government such written as5 surances as the Secretary determines necessary to

6 achieve the purposes of this subsection.

7 ‘‘(6) GUIDELINES.—The Secretary may establish

8 guidelines in carrying out this subsection.

9 ‘‘(7) DEFINITIONS.—In this subsection, the fol10 lowing definitions apply:

11 ‘‘(A) AIRPORT COMPATIBLE LAND USE.—

12 The term ‘airport compatible land use’ means

13 any land use that is usually compatible with—

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

15 airport, as established under this chapter;

16 ‘‘(ii) airport design standards issued

17 by the Administrator; and

18 ‘‘(iii) regulations issued to carry out

19 section 44718 of this title.

20 ‘‘(B) AIRPORT LAND USE COMPATIBILITY

21 PLAN.—The term ‘airport land use compatibility

22 plan’ means the product of a process to deter23 mine the extent, type, nature, location, and tim24 ing of measures to improve the compatibility of
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1 land use with the existing forecast level of avia2 tion activity at an airport.

3 ‘‘(C) AIRPORT LAND USE COMPATIBILITY

4 PROJECT.—The term ‘airport land use compat5 ibility project’ means a project that is contained

6 in an airport land use compatibility plan and

7 determined by the Administrator to enhance air8 port compatible land use.’’.

9 TITLE IV—MISCELLANEOUS

10 PROVISIONS

11 SEC. 401. PURCHASE OF HOUSING UNITS.

12 Section 40110 is amended—

13 (1) by redesignating subsection (b) as subsection

14 (c); and

15 (2) by inserting after subsection (a) the follow16 ing:

17 ‘‘(b) PURCHASE OF HOUSING UNITS.—

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

19 Administrator may purchase a housing unit (includ20 ing a condominium or a housing unit in a building

21 owned by a cooperative) that is located outside the

22 contiguous United States if the cost of the unit is

23 $200,000 or less.

24 ‘‘(2) CONTINUING OBLIGATIONS.—Notwithstand25 ing section 1341 of title 31, the Administrator may
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1 purchase a housing unit under paragraph (1) even if

2 there is an obligation thereafter to pay necessary and

3 reasonable fees duly assessed upon such unit, includ4 ing fees related to operation, maintenance, taxes, and

5 insurance.

6 ‘‘(3) CERTIFICATION TO CONGRESS.—The Ad7 ministrator may purchase a housing unit under

8 paragraph (1) only if, at least 30 days before com9 pleting the purchase, the Administrator transmits to

10 the Committee on Transportation and Infrastructure

11 of the House of Representatives and the Committee on

12 Commerce, Science, and Transportation of the Senate

13 a report containing—

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

15 its price;

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

17 exceed the median price of housing units in the

18 area; and

19 ‘‘(C) a certification that purchasing the

20 housing unit is the most cost-beneficial means of

21 providing necessary accommodations in carrying

22 out this part.

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

24 may pay, when due, fees resulting from the purchase
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1 of a housing unit under this subsection from any

2 amounts made available to the Administrator.’’.

3 SEC. 402. TECHNICAL CORRECTION RELATING TO STATE

4 TAXATION.

5 Section 40116(b) is amended by striking ‘‘subsection

6 (c) of this section and’’.

7 SEC. 403. USE OF PASSENGER FACILITY FEES FOR DEBT FI8 NANCING PROJECT.

9 Section 40117(a)(3) is amended by adding at the end

10 the following:

11 ‘‘(G) for debt financing of a terminal devel12 opment project at a commercial service airport

13 that each year has .05 percent or less of the total

14 passenger boardings in the United States if con15 struction began on the project after November 5,

16 1988, and before November 5, 1990, and the eli17 gible agency certifies that no other eligible air18 port-related projects affecting safety, security, or

19 capacity will be deferred by the debt financing

20 project.’’.

21 SEC. 404. PROTECTION OF VOLUNTARILY SUBMITTED IN22 FORMATION.

23 (a) IN GENERAL.—Chapter 401 is amended by redesig24 nating section 40120 as section 40121 and by inserting

25 after section 40119 the following:
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1 ‘‘§ 40120. Protection of voluntarily submitted informa2 tion

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

4 provision of law, neither the Administrator of the Federal

5 Aviation Administration, nor any agency receiving infor6 mation from the Administrator, may disclose voluntarily

7 provided safety or security related information if the Ad8 ministrator finds that—

9 ‘‘(1) the disclosure of the information would in10 hibit the voluntary provision of that type of informa11 tion;

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

13 would aid in fulfilling the Administrator’s safety and

14 security responsibilities; and

15 ‘‘(3) the withholding of the information would

16 not be inconsistent with the Administrator’s safety

17 and security responsibilities.

18 ‘‘(b) REGULATIONS.—The Administrator shall issue

19 regulations to carry out this section.’’.

20 (b) CONFORMING AMENDMENT.—The table of sections

21 for chapter 401 is amended by striking the item relating

22 to section 40120 and inserting the following:

‘‘40120. Protection of voluntarily submitted information.

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

23 SEC. 405. SUPPLEMENTAL TYPE CERTIFICATES.

24 Section 44704 is amended—
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1 (1) by redesignating subsections (b) and (c) as

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

3 (2) by inserting after subsection (a) the follow4 ing:

5 ‘‘(b) SUPPLEMENTAL TYPE CERTIFICATES.—

6 ‘‘(1) ISSUANCE.—The Administrator may issue a

7 type certificate designated as a supplemental type cer8 tificate for a change to an aircraft, aircraft engine,

9 propeller, or appliance.

10 ‘‘(2) CONTENTS.—A supplemental type certifi11 cate issued under paragraph (1) shall consist of the

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

13 appliance with respect to the previously issued type

14 certificate for the aircraft, aircraft engine, propeller,

15 or appliance.

16 ‘‘(3) REQUIREMENT.—If the holder of a supple17 mental type certificate agrees to permit another per18 son to use the certificate to modify an aircraft, air19 craft engine, propeller, or appliance, the holder shall

20 provide the other person with written evidence, in a

21 form acceptable to the Administrator, of that agree22 ment. A person may change an aircraft, aircraft en23 gine, propeller, or appliance based on a supplemental

24 type certificate only if the person requesting the

25 change is the holder of the supplemental type certifi-
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1 cate or has permission from the holder to make the

2 change.’’.

3 SEC. 406. RESTRICTION ON USE OF REVENUES.

4 (a) IN GENERAL.—Section 44706 is amended by add5 ing at the end the following:

6 ‘‘(d) USE OF REVENUES.—

7 ‘‘(1) PROHIBITION.—A person holding an air8 port operating certificate under this section may not

9 expend local taxes on aviation fuel (except taxes in ef10 fect on December 30, 1987) or the revenues generated

11 by the airport for any purpose other than the capital

12 or operating costs of—

13 ‘‘(A) the airport;

14 ‘‘(B) the local airport system; or

15 ‘‘(C) other local facilities owned or operated

16 by the person and directly and substantially re17 lated to the air transportation of passengers or

18 property.

19 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

20 apply if a provision enacted not later than September

21 2, 1982, in a law controlling financing by the owner

22 or operator, or a covenant or assurance in a debt obli23 gation issued not later than September 2, 1982, by

24 the owner or operator, provides that the revenues, in25 cluding local taxes on aviation fuel at public airports,
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1 from any of the facilities of the owner or operator, in2 cluding the airport, be used to support not only the

3 airport but also the general debt obligations or other

4 facilities of the owner or operator.

5 ‘‘(3) AUTHORITY TO ISSUE WAIVERS TO AIR6 PORTS NOT RECEIVING GRANT ASSISTANCE.—The Ad7 ministrator may waive the application of paragraph

8 (1) with respect to any airport that has not received

9 grant assistance under chapter 471 of this title or the

10 Airport and Airway Improvement Act of 1982 in the

11 10-year period ending on the date of the enactment of

12 this subsection.

13 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC14 TION.—This subsection does not prevent the use of a

15 State tax on aviation fuel to support a State aviation

16 program or the use of airport revenue on or off the

17 airport for a noise mitigation purpose.’’.

18 (b) PENALTIES.—Section 46301(a)(5) is amended to

19 read as follows:

20 ‘‘(5) PENALTY FOR DIVERSION OF AVIATION REV21 ENUES.—The amount of a civil penalty assessed

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

23 of this title (or any assurance made under such sec24 tion) or section 44706(d) of this title may be in25 creased above the otherwise applicable maximum
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1 amount under this section to an amount not to exceed

2 3 times the amount of revenues that are used in viola3 tion of such section.’’.

4 SEC. 407. CERTIFICATION OF SMALL AIRPORTS.

5 (a) IN GENERAL.—Section 44706(a) is amended—

6 (1) by redesignating paragraph (2) as para7 graph (3);

8 (2) by inserting after paragraph (1) the follow9 ing:

10 ‘‘(2) that is not located in the State of Alaska

11 and serves any scheduled passenger operation of an

12 air carrier operating aircraft designed for more than

13 9 passenger seats but less than 31 passenger seats;

14 and’’;

15 (3) by striking ‘‘and’’ at the end of paragraph

16 (3), as redesignated by paragraph (1) of this sub17 section;

18 (4) by striking ‘‘(3) when’’ and inserting ‘‘if’’;

19 and

20 (5) by moving the matter following paragraph

21 (3), as redesignated by paragraph (1) of this sub22 section, to the left flush full measure.

23 (b) COMMUTER AIRPORTS.—Section 44706 is amended

24 by adding at the end the following:
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1 ‘‘(e) COMMUTER AIRPORTS.—In developing the terms

2 required by subsection (b) for airports covered by subsection

3 (a)(2), the Administrator shall identify and consider a rea4 sonable number of regulatory alternatives and select from

5 such alternatives the least costly, most cost-effective or the

6 least burdensome alternative that will provide comparable

7 safety at airports described in subsections (a)(1) and

8 (a)(2).’’.

9 (c) EFFECTIVE DATE.—Section 44706 is further

10 amended by adding at the end the following:

11 ‘‘(f) EFFECTIVE DATE.—Any regulation establishing

12 the terms required by subsection (b) for airports covered by

13 subsection (a)(2) shall not take effect until such regulation,

14 and a report on the economic impact of the regulation on

15 air service to the airports covered by the rule, has been sub16 mitted to Congress and 120 days have elapsed following the

17 date of such submission.’’.

18 SEC. 408. DISCRETIONARY AUTHORITY FOR CRIMINAL HIS19 TORY RECORDS CHECKS.

20 (a) IN GENERAL.—Section 44936(a)(1) is amended—

21 (1) by redesignating subparagraphs (A) and (B)

22 as clauses (i) and (ii), respectively;

23 (2) by striking ‘‘(1) The Administrator’’ and in24 serting the following:

25 ‘‘(1) EMPLOYEES.—
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1 ‘‘(A) PERSONS WITH ACCESS TO AIRCRAFT

2 AND OTHER SECURED AREAS.—The Adminis3 trator’’;

4 (3) by moving the remainder of the text of sub5 paragraph (A) (as designated by paragraph (2) of

6 this subsection), including clauses (i) and (ii) (as des7 ignated by paragraph (1) of this subsection), 2 ems

8 to the right; and

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

10 ‘‘(B) PERSONS RESPONSIBLE FOR SCREEN11 ING PASSENGERS AND PROPERTY.—

12 ‘‘(i) IN GENERAL.—The Administrator

13 may require by regulation that an employ14 ment investigation (including a criminal

15 history record check in cases in which the

16 employment investigation reveals a gap in

17 employment of 12 months or more that the

18 individual does not satisfactorily account

19 for) be conducted for individuals who will

20 be responsible for screening passengers and

21 property under section 44901 of this title

22 and their supervisors.

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

24 requires a criminal history record check

25 under clause (i), the individual may be em-
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1 ployed as a screener until the check is com2 pleted if the individual is subject to super3 vision.’’.

4 (b) CONFORMING AMENDMENTS.—Section 44936(a)(2)

5 is amended—

6 (1) by striking ‘‘(2) An air carrier’’ and insert7 ing the following:

8 ‘‘(2) RESPONSIBILITY OF AIR CARRIERS, FOR9 EIGN AIR CARRIERS, AND AIRPORT OPERATORS.—An

10 air carrier’’; and

11 (2) by moving the remainder of the text of the

12 paragraph 2 ems to the right.

13 (c) APPLICABILITY.—The amendment made by sub14 section (a)(4) shall not apply to an individual employed

15 as a screener, or a supervisor of screeners, on the day before

16 the date of the enactment of this Act.

17 SEC. 409. IMPOSITION OF FEES.

18 (a) IN GENERAL.—Chapter 453 is amended by adding

19 at the end the following:

20 ‘‘§ 45304. Prohibition on imposition of unauthorized

21 fees; fees for services provided to certain

22 aircraft

23 ‘‘(a) PROHIBITION.—Notwithstanding any other pro24 vision of law, the Administrator of the Federal Aviation

25 Administration shall not impose any fee that is not in effect
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1 on the date of the enactment of this section and that is not

2 authorized by law.

3 ‘‘(b) AUTHORITY TO IMPOSE FEES.—The Adminis4 trator is authorized to establish a schedule of fees (and a

5 collection process for such fees), to be effective not later than

6 October 1, 1996, for services provided by the Administration

7 to aircraft that neither take off from nor land in the United

8 States. The schedule shall establish the fees at levels that

9 will recover $30,000,000 in the first year in which the fees

10 are implemented.’’.

11 (b) CONFORMING AMENDMENT.—The table of sections

12 for such chapter is amended by adding at the end the follow13 ing new item:

‘‘45304. Prohibition on imposition of unauthorized fees; fees for services provided

to certain aircraft.’’.

14 SEC. 410. AUTHORITY TO CLOSE AIRPORT LOCATED NEAR

15 CLOSED OR REALIGNED MILITARY BASE.

16 Notwithstanding any other provision of a law, rule,

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

18 service airport may be closed by its sponsor without any

19 obligation to repay grants made under chapter 471 of title

20 49, United States Code, the Airport and Airway Improve21 ment Act of 1982, or any other law if the airport is located

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

23 or realigned.
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1 SEC. 411. CONSTRUCTION OF RUNWAYS.

2 Notwithstanding section 332 of the Department of

3 Transportation and Related Agencies Appropriations Act,

4 1996 (109 Stat. 457) or any other provision of law that

5 specifically restricts the number of runways at a single

6 international airport, the Secretary of Transportation may

7 obligate funds under chapters 471 and 481 of title 49, Unit8 ed States Code, for any project to construct a new runway

9 at such airport, unless this section is expressly repealed.

10 SEC. 412. GADSDEN AIR DEPOT, ALABAMA.

11 (a) AUTHORITY TO GRANT WAIVERS.—Notwithstand12 ing section 16 of the Federal Airport Act (as in effect on

13 May 4, 1949), the Secretary is authorized, subject to the

14 provisions of section 47153 of title 49, United States Code,

15 and the provisions of subsection (b) of this section, to waive

16 any of the terms contained in the deed of conveyance dated

17 May 4, 1949, under which the United States conveyed cer18 tain property to the city of Gadsden, Alabama, for airport

19 purposes.

20 (b) CONDITIONS.—Any waiver granted under sub21 section (a) shall be subject to the following conditions:

22 (1) The city of Gadsden, Alabama, shall agree

23 that, in conveying any interest in the property which

24 the United States conveyed to the city by a deed de25 scribed in subsection (a), the city will receive an

26 amount for such interest which is equal to the fair
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1 market value of such interest (as determined pursuant

2 to regulations issued by the Secretary).

3 (2) Any such amount so received by the city

4 shall be used by the city for the development, improve5 ment, operation, or maintenance of a public airport,

6 lands (including any improvements thereto) which

7 produce revenues that are used for airport develop8 ment purposes, or both.

9 SEC. 413. REGULATIONS AFFECTING INTRASTATE AVIATION

10 IN ALASKA.

11 In modifying regulations contained in title 14, Code

12 of Federal Regulations, in a manner affecting intrastate

13 aviation in Alaska, the Administrator of the Federal Avia14 tion Administration shall consider the extent to which Alas15 ka is not served by transportation modes other than avia16 tion, and shall establish such regulatory distinctions as the

17 Administrator considers appropriate.

18 SEC. 414. WESTCHESTER COUNTY AIRPORT, NEW YORK.

19 Notwithstanding sections 47107(b) and 44706(d) of

20 title 49, United States Code, and any other law, regulation,

21 or grant assurance, all fees received by Westchester County

22 Airport in the State of New York may be paid into the

23 treasury of Westchester County pursuant to section 119.31

24 of the Westchester County Charter if the Secretary finds

25 that the expenditures from such treasury for the capital and
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1 operating costs of the Airport after December 31, 1990, have

2 been and will be equal to or greater than the fees that such

3 treasury receives from the Airport.

4 SEC. 415. BEDFORD AIRPORT, PENNSYLVANIA.

5 If the Administrator of the Federal Aviation Adminis6 tration decommissions an instrument landing system in

7 Pennsylvania, the Administrator shall, if feasible, transfer

8 and install the system at Bedford Airport, Pennsylvania.

9 SEC. 416. LOCATION OF DOPPLER RADAR STATIONS, NEW

10 YORK.

11 (a) PROHIBITION.—No Federal funds may be used for

12 the construction of a Doppler radar station at the Coast

13 Guard station in Brooklyn, New York.

14 (b) CONSTRUCTION OF OFFSHORE PLATFORMS.—

15 (1) STUDY.—The Administrator of the Federal

16 Aviation Administration shall conduct a study of the

17 feasibility of constructing 2 offshore platforms to serve

18 as sites for the location of Doppler radar stations for

19 John F. Kennedy International Airport and

20 LaGuardia Airport in New York City, New York.

21 (2) REPORT.—Not later than 1 year after the

22 date of the enactment of this Act, the Administrator

23 shall transmit to Congress a report on the results of

24 the study conducted under paragraph (1), including

25 proposed locations for the offshore platforms. Such lo-
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1 cations shall be as far as possible from populated

2 areas while providing appropriate safety measures for

3 John F. Kennedy International Airport and

4 LaGuardia Airport.

5 (c) LIMITATION.—The Administrator shall not begin

6 construction of a Doppler radar station for John F. Ken7 nedy International Airport or LaGuardia Airport at any

8 location before submitting a report under subsection (b).

9 SEC. 417. WORCESTER MUNICIPAL AIRPORT, MASSACHU10 SETTS.

11 The Secretary of Transportation shall take such ac12 tions as may be necessary to improve the safety of aircraft

13 landing at Worcester Municipal Airport, Massachusetts, in14 cluding, if appropriate, providing air traffic radar service

15 to such airport from the Providence Approach Radar Con16 trol in Coventry, Rhode Island.

17 SEC. 418. AIRCRAFT NOISE OMBUDSMAN.

18 Section 106 is amended by redesignating subsection

19 (k), as amended by section 103 of this Act, as subsection

20 (l) and by inserting after subsection (j) the following:

21 ‘‘(k) AIRCRAFT NOISE OMBUDSMAN.—

22 ‘‘(1) ESTABLISHMENT.—There shall be in the

23 Administration an Aircraft Noise Ombudsman.

24 ‘‘(2) GENERAL DUTIES AND RESPONSIBIL25 ITIES.—The Ombudsman shall—
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1 ‘‘(A) be appointed by the Administrator;

2 ‘‘(B) serve as a liaison with the public on

3 issues regarding aircraft noise; and

4 ‘‘(C) be consulted when the Administration

5 proposes changes in aircraft routes so as to min6 imize any increases in aircraft noise over popu7 lated areas.’’.

8 TITLE V—METROPOLITAN

9 WASHINGTON AIRPORTS

10 SEC. 501. SHORT TITLE.

11 This title may be cited as the ‘‘Metropolitan Washing12 ton Airports Amendments Act of 1996’’.

13 SEC. 502. AMENDMENT OF METROPOLITAN WASHINGTON

14 AIRPORTS ACT OF 1986.

15 Except as otherwise expressly provided, whenever in

16 this title an amendment or repeal is expressed in terms of

17 an amendment to, or repeal of, a section or other provision,

18 the reference shall be considered to be made to a section or

19 other provision of the Metropolitan Washington Airports

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

21 SEC. 503. USE OF LEASED PROPERTY.

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

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

24 ‘‘which are not inconsistent with the needs of aviation’’.
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1 SEC. 504. BOARD OF DIRECTORS.

2 (a) APPOINTMENT OF ADDITIONAL MEMBERS.—Sec3 tion 6007(e)(1) is amended—

4 (1) in the matter preceding subparagraph (A) by

5 striking ‘‘11’’ and inserting ‘‘15’’;

6 (2) in subparagraph (D) by striking ‘‘one mem7 ber’’ and inserting ‘‘five members’’.

8 (b) RESTRICTIONS.—Section 6007(e)(2) is amended by

9 striking ‘‘except that’’ and all that follows through the pe10 riod and inserting ‘‘except that the members appointed by

11 the President shall be registered voters of States other than

12 Maryland, Virginia, or the District of Columbia.’’.

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

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

15 the end;

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

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

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

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

20 enactment of this subparagraph, 2 shall be ap21 pointed for 4 years.

22 A member may serve after the expiration of that

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

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

25 by redesignating paragraphs (4) and (5) as paragraphs (7)
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1 and (8), respectively, and by inserting after paragraph (3)

2 the following:

3 ‘‘(4) VACANCIES.—A vacancy in the board of di4 rectors shall be filled in the manner in which the

5 original appointment was made. Any member ap6 pointed to fill a vacancy occurring before the expira7 tion of the term for which the member’s predecessor

8 was appointed shall be appointed only for the re9 mainder of such term.’’.

10 (e) POLITICAL PARTIES OF PRESIDENTIAL AP11 POINTEES.—Section 6007(e) is further amended by insert12 ing after paragraph (4), as inserted by subsection (d) of

13 this section, the following:

14 ‘‘(5) POLITICAL PARTIES OF PRESIDENTIAL AP15 POINTEES.—Not more than 3 of the members of the

16 board appointed by the President may be of the same

17 political party.’’.

18 (f) DUTIES OF PRESIDENTIAL APPOINTEES.—Section

19 6007(e) is further amended by inserting after paragraph

20 (5), as inserted by subsection (e) of this section, the follow21 ing:

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

23 In carrying out their duties on the board, members of

24 the board appointed by the President shall ensure that
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1 adequate consideration is given to the national inter2 est.’’.

3 (g) REQUIRED NUMBER OF VOTES.—Section

4 6007(e)(8), as redesignated by subsection (d) of this section,

5 is amended by striking ‘‘Seven’’ and inserting ‘‘Nine’’.

6 SEC. 505. FEDERAL ADVISORY COMMISSION.

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

8 striking the subsection designation, heading, and paragraph

9 (1) and inserting the following:

10 ‘‘(f) FEDERAL ADVISORY COMMISSION.—

11 ‘‘(1) COMPOSITION.—There is established a Fed12 eral Advisory Commission of the Airports Authority

13 which shall represent the interests of users of the Met14 ropolitan Washington Airports and shall be composed

15 of 9 members appointed by the Secretary of Transpor16 tation.’’.

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

18 amended—

19 (1) in section 6007(f) by striking ‘‘Board of Re20 view’’ each place it appears and inserting ‘‘Federal

21 Advisory Commission’’;

22 (2) in section 6007(f)(3)—

23 (A) in the third sentence by striking

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

25 ‘‘Commission’’; and
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1 (B) in the fourth sentence by striking

2 ‘‘Board’’ the second place it appears and insert3 ing ‘‘Commission’’;

4 (3) in the second sentence of section 6007(f)(6),

5 as redesignated by section 508(a) of this Act, by strik6 ing ‘‘Board’’ and inserting ‘‘Commission’’;

7 (4) in section 6007(f)(7), as redesignated by sec8 tion 508(a) of this Act, by striking ‘‘Board’’ the sec9 ond place it appears and inserting ‘‘Commission’’;

10 and

11 (5) in section 6009(b) by striking ‘‘Board of Re12 view’’ and inserting ‘‘Federal Advisory Commission’’.

13 (c) OTHER CONFORMING AMENDMENTS.—Section

14 6007(f)(2) is amended—

15 (1) in subparagraph (A)—

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

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

18 (B) by striking the second sentence; and

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

20 have been provided for appointments to fill such va21 cancies’’.

22 SEC. 506. REVIEW PROCEDURE.

23 (a) SUBMISSION OF ACTIONS.—Section 6007(f)(4)(A)

24 is amended to read as follows:

25 ‘‘(A) SUBMISSION REQUIRED.—
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1 ‘‘(i) IN GENERAL.—An action of the

2 Airports Authority described in subpara3 graph (B) shall be submitted to the Federal

4 Advisory Commission, the Speaker of the

5 House of Representatives, and the President

6 Pro Tempore of the Senate at least 60 days

7 before the action is to become effective.

8 ‘‘(ii) URGENT AND COMPELLING CIR9 CUMSTANCES.—An action submitted to the

10 Federal Advisory Commission and Congress

11 in accordance with clause (i) may become

12 effective before the expiration of the 60-day

13 period referred to in clause (i) if the board

14 of directors certifies, in writing, to the Sec15 retary and Congress that urgent and com16 pelling circumstances exist that signifi17 cantly affect the interests of the traveling

18 public and will not permit waiting for the

19 expiration of such 60-day period.’’.

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

21 amended to read as follows:

22 ‘‘(C) RECOMMENDATIONS.—The Federal Ad23 visory Commission may make to the board of di24 rectors and Congress recommendations regarding

25 an action within 30 calendar days of its submis-
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1 sion under this paragraph. Such recommenda2 tions may include a recommendation that the ac3 tion not take effect.’’.

4 (c) EFFECT OF RECOMMENDATIONS.—

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

6 striking subparagraph (D) and by redesignating sub7 paragraph (E) as subparagraph (D).

8 (2) CONFORMING AMENDMENT.—Section

9 6007(f)(5)(B) is amended by striking ‘‘paragraph

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

11 (d) EXPIRATION OF AUTHORITY.—Section 6007(f)(4)

12 is amended by adding at the end the following:

13 ‘‘(E) EXPIRATION OF AUTHORITY.—

14 ‘‘(i) IN GENERAL.—Except as provided

15 in clause (ii), the authority of the Airports

16 Authority to take any of the actions de17 scribed in subparagraph (B) shall expire on

18 April 30, 1997.

19 ‘‘(ii) SPECIAL RULE.—If on any day

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

21 be appointed to the board of directors by the

22 President under subsection (e)(1)(D) are

23 serving on the board, the authority of the

24 board referred to in clause (i) shall be effec-
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1 tive beginning on such day and shall expire

2 on September 30, 1998.’’.

3 (e) PROTECTION OF CERTAIN ACTIONS.—Actions taken

4 by the Metropolitan Washington Airports Authority and

5 submitted to the Board of Review pursuant to section

6 6007(f)(4) of the Metropolitan Washington Airports Act of

7 1986 before the date of the enactment of this Act shall re8 main in effect and shall not be set aside solely by reason

9 of a judicial order invalidating certain functions of the

10 Board of Review.

11 SEC. 507. CONGRESSIONAL DISAPPROVAL PROCEDURES.

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

13 amended—

14 (1) by striking ‘‘Public Works and Transpor15 tation’’ and inserting ‘‘Transportation and Infra16 structure’’; and

17 (2) by striking ‘‘Commerce, Science and Tech18 nology’’ and inserting ‘‘Commerce, Science, and

19 Transportation’’.

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

21 amended—

22 (1) by striking subparagraphs (D), (E), and (F);

23 (2) by redesignating subparagraphs (G) and (H)

24 as subparagraphs (E) and (F), respectively; and
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1 (3) by inserting after subparagraph (C) the fol2 lowing:

3 ‘‘(D) HOUSE PROCEDURE.—When the Com4 mittee of the House has reported a resolution, it

5 is in order at any time on or after the third day

6 on which the report on the resolution has been

7 available to Members pursuant to clause 2(l)(6)

8 of House Rule XI, for the chairman of the com9 mittee or a designee to move to proceed to the

10 consideration in the House of the resolution. The

11 motion is highly privileged, and is not subject to

12 debate or to intervening motion or otherwise sub13 ject to points of order, nor shall it be in order

14 to move to reconsider the vote by which the mo15 tion is agreed to or not agreed to. If the motion

16 is agreed to, the resolution shall be considered in

17 the House and debatable for not to exceed 2

18 hours to be equally divided and controlled by the

19 chairman and the ranking minority member of

20 the committee. The previous question shall be

21 considered as ordered on the resolution to final

22 passage without intervening motion. A motion to

23 reconsider the vote on passage of the resolution

24 shall not be in order.’’.
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1 SEC. 508. OTHER MATTERS RELATING TO FEDERAL ADVI2 SORY COMMISSION.

3 (a) REQUEST FOR CONSIDERATION OF OTHER MAT4 TERS; PARTICIPATION IN MEETINGS.—Section 6007(f) is

5 amended by striking paragraphs (6) and (7) and by redes6 ignating paragraphs (8), (9), (10), and (11) as paragraphs

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

8 (b) REMOVAL OF FEDERAL ADVISORY COMMISSION

9 MEMBERS.—Section 6007(f)(9), as redesignated by sub10 section (a) of this section, is amended by striking ‘‘by a

11 two-thirds vote of the board of directors’’ and inserting ‘‘by

12 the Secretary of Transportation’’.

13 SEC. 509. EFFECT OF JUDICIAL ORDERS.

14 (a) IN GENERAL.—Section 6007 is amended by strik15 ing subsection (h) and by redesignating subsection (i) as

16 subsection (h).

17 (b) CONFORMING AMENDMENT.—Section 6011 is

18 amended by striking ‘‘Except as provided in section

19 6007(h), if’’ and inserting ‘‘If’’.

20 SEC. 510. FEDERAL ADVISORY COMMITTEE ACT.

21 Section 6007 is further amended by inserting after

22 subsection (h), as redesignated by section 509(a) of this Act,

23 the following:

24 ‘‘(i) FEDERAL ADVISORY COMMITTEE ACT.—The Fed25 eral Advisory Committee Act (5 U.S.C. App.) shall not

26 apply to the Federal Advisory Commission.’’.
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1 SEC. 511. USE OF DULLES ACCESS HIGHWAY.

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

3 following:

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

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

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

7 section 4.2 of the Metropolitan Washington Airports Regu8 lations, as in effect on February 1, 1995.

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

10 States shall have jurisdiction to compel the Airports Au11 thority and its officers and employees to comply with the

12 requirements of this section. An action may be brought on

13 behalf of the United States by the Attorney General, or by

14 any aggrieved party.’’.

15 SEC. 512. AMENDMENT OF LEASE.

16 The Secretary of Transportation shall amend the lease

17 entered into with the Metropolitan Washington Airports

18 Authority under section 6005(a) of the Metropolitan Wash19 ington Airports Act of 1986 to secure the Airports

20 Authority’s consent to the amendments made to such Act

21 by this Act.

22 SEC. 513. AVAILABILITY OF SLOTS.

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

24 States Code, is amended—
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1 (1) in subsections (a)(1), (b)(1), and (c)(1) by

2 striking ‘‘(other than Washington National Airport)’’;

3 and

4 (2) by redesignating subsection (h) as subsection

5 (i) and by inserting after subsection (g) the following:

6 ‘‘(h) LIMITATION ON AUTHORITY TO GRANT EXEMP7 TIONS.—The Secretary shall not issue an exemption under

8 this section to the requirements of subparts K and S of part

9 93 of title 14 of the Code of Federal Regulations (pertaining

10 to slots at high density airports) if the grant of such exemp11 tion would adversely affect safety.’’.

12 (b) CONFORMING AMENDMENT.—Section 6009(e)(1) is

13 amended by striking ‘‘The Administrator’’ and inserting

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

15 States Code, the Administrator’’.

16 TITLE VI—RECOMMENDATION

17 TO COMMITTEE ON WAYS AND

18 MEANS ON EXTENSION OF

19 AIRPORT AND AIRWAY TRUST

20 FUND TAXES AND EXPENDI21 TURE AUTHORITY

22 The Committee on Transportation and Infrastructure

23 of the House of Representatives recommends the following

24 provisions, which are printed in roman and shall have no
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1 legal effect, to the Committee on Ways and Means of the

2 House of Representatives for its consideration:

3 SEC. ll. EXTENSION OF AIRPORT AND AIRWAY TRUST

4 FUND EXCISE TAXES.

5 (a) FUEL TAX.—

6 (1) Subparagraph (A) of section 4091(b)(3) of

7 the Internal Revenue Code of 1986 is amended to

8 read as follows:

9 ‘‘(A) The rate of tax specified in para10 graph (1) shall be 4.3 cents per gallon—

11 ‘‘(i) after December 31, 1995, and be12 fore the date which is 30 days after the

13 date of the enactment of the Federal Avia14 tion Authorization Act of 1996, and

15 ‘‘(ii) after December 31, 1999.’’

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

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

18 paragraph:

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

20 1999, the rate of tax specified in subsection

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

22 per gallon.’’, and

23 (B) by inserting in paragraph (1) ‘‘(other

24 than the tax on aviation gasoline)’’ after ‘‘sub25 section (a)(2)(A)’’.
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1 (3) Section 4041(c)(5) of such Code is amended

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

3 the date which is 30 days after the date of the en4 actment of the Federal Aviation Authorization Act

5 of 1996 and ending on December 31, 1999’’ after

6 ‘‘December 31, 1995’’.

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

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

9 1996’’ and inserting ‘‘January 1, 1996, and to transpor10 tation beginning on or after the date which is 30 days

11 after the date of the enactment of the Federal Aviation

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

13 (c) TRANSFERS TO AIRPORT AND AIRWAY TRUST

14 FUND.—

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

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

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

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

19 Code is amended to read as follows:

20 ‘‘(3) TERMINATION.—Notwithstanding the pre21 ceding provisions of this subsection, the Airport and

22 Airway Trust Fund financing rate shall be zero with

23 respect to—

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

25 1995, and before the date which is 30 days
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1 after the date of the enactment of the Federal

2 Aviation Authorization Act of 1996, and

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

4 1999.’’

5 (3) Subsection (d) of section 9502 of such Code

6 is amended by adding at the end the following new

7 paragraph:

8 ‘‘(5) TRANSFERS FROM AIRPORT AND AIRWAY

9 TRUST FUND ON ACCOUNT OF REFUNDS OF TAXES

10 ON TRANSPORTATION BY AIR.—The Secretary of the

11 Treasury shall pay from time to time from the Air12 port and Airway Trust Fund into the general fund

13 of the Treasury amounts equivalent to the amounts

14 paid after December 31, 1995, under section 6402

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

16 section 6415 (relating to credits or refunds to per17 sons who collected certain taxes) in respect of taxes

18 under sections 4261 and 4271.’’

19 (d) EFFECTIVE DATES.—

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

21 this section shall take effect on the date of the en22 actment of this Act, except that the amendment

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

24 amount paid on or before such date.
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1 (2) TRANSFERS.—The amendments made by

2 subsection (c) shall take effect on January 1, 1996.

3 SEC. ll. EXTENSION OF AIRPORT AND AIRWAY TRUST

4 FUND EXPENDITURES.

5 (a) EXTENSION OF EXPENDITURE AUTHORITY.—

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

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

8 and inserting ‘‘October 1, 1999’’.

9 (b) EXTENSION OF TRUST FUND PURPOSES.—Sub10 paragraph (A) of section 9502(d)(1) of such Code is

11 amended by adding before the semicolon at the end ‘‘or

12 the Federal Aviation Authorization Act of 1996’’.

13 SEC. ll. RESTORATION AND EXTENSION OF EXEMPTION

14 FOR COMMERCIAL AVIATION.

15 (a) IN GENERAL.—Paragraph (2) of section 4092(b)

16 of the Internal Revenue Code of 1986 (relating to exemp17 tion from certain taxes on fuel used in commercial avia18 tion) is amended to read as follows:

19 ‘‘(2) 4.3 cents per gallon of the rate specified

20 in section 4091(b)(1) in the case of fuel sold—

21 ‘‘(A) after September 30, 1995, and before

22 the date which is 30 days after the date of the

23 enactment of the Federal Aviation Authoriza24 tion Act of 1996, and

25 ‘‘(B) after December 31, 1999.’’
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1 (b) CONFORMING AMENDMENTS.—

2 (1) Subparagraph (B) of section 6421(f)(2) of

3 such Code is amended to read as follows:

4 ‘‘(B) in aviation which is not noncommer5 cial aviation (as so defined) with respect to the

6 tax imposed by section 4081 at—

7 ‘‘(i) the Leaking Underground Stor8 age Tank Trust Fund financing rate, and

9 ‘‘(ii) so much of the rate specified in

10 section 4081(a)(2)(A) as does not exceed

11 4.3 cents per gallon in the case of fuel pur12 chased—

13 ‘‘(I) after September 30, 1995,

14 and before the date which is 30 days

15 after the date of the enactment of the

16 Federal Aviation Authorization Act of

17 1996, and

18 ‘‘(II) after December 31, 1999.’’

19 (2) Subparagraph (B) of section 6427(l)(4) of

20 such Code is amended to read as follows:

21 ‘‘(B) so much of the rate specified in sec22 tion 4091(b)(1) as does not exceed 4.3 cents

23 per gallon in the case of fuel purchased—

24 ‘‘(i) after September 30, 1995, and

25 before the date which is 30 days after the
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1 date of the enactment of the Federal Avia2 tion Authorization Act of 1996, and

3 ‘‘(ii) after December 31, 1999.’’

4 (c) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect on the date of the enactment

6 of this Act.

7 SEC. ll. FLOOR STOCKS TAXES ON AVIATION FUEL.

8 (a) IMPOSITION OF TAX.—

9 (1) IN GENERAL.—In the case of aviation fuel

10 on which tax was imposed under section 4091 of the

11 Internal Revenue Code of 1986 before the tax-in12 crease date described in subsection (c)(1)(A) and

13 which is held on such date by any person, there is

14 hereby imposed a floor stocks tax of 17.5 cents per

15 gallon.

16 (2) COMMERCIAL AVIATION FUEL ON JANUARY

17 1, 2000.—In the case of commercial aviation fuel on

18 which tax was imposed under section 4091 of such

19 Code before January 1, 2000, and which is held on

20 such date by any person, there is hereby imposed a

21 floor stocks tax of 4.3 cents per gallon.

22 (b) LIABILITY FOR TAX AND METHOD OF PAY23 MENT.—

24 (1) LIABILITY FOR TAX.—A person holding

25 aviation fuel on a tax-increase date to which the tax
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1 imposed by subsection (a) applies shall be liable for

2 such tax.

3 (2) METHOD OF PAYMENT.—The tax imposed

4 by subsection (a) shall be paid in such manner as

5 the Secretary shall prescribe.

6 (3) TIME FOR PAYMENT.—The tax imposed by

7 subsection (a) with respect to any tax-increase date

8 shall be paid on or before the first day of the 7th

9 month beginning after such tax-increase date.

10 (c) DEFINITIONS.—For purposes of this section—

11 (1) TAX INCREASE DATE.—The term ‘‘tax-in12 crease date’’ means—

13 (A) the date which is 30 days after the

14 date of the enactment of this Act, and

15 (B) January 1, 2000.

16 (2) AVIATION FUEL.—The term ‘‘aviation fuel’’

17 has the meaning given such term by section 4093 of

18 such Code.

19 (3) COMMERCIAL AVIATION FUEL.—The term

20 ‘‘commercial aviation fuel’’ means aviation fuel

21 which is held on January 1, 2000, for sale or use

22 in commercial aviation (as defined in section

23 4092(b) of such Code).

24 (4) HELD BY A PERSON.—Aviation fuel shall be

25 considered as ‘‘held by a person’’ if title thereto has
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1 passed to such person (whether or not delivery to

2 the person has been made).

3 (5) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Treasury or his delegate.

5 (d) EXCEPTION FOR EXEMPT USES.—The tax im6 posed by subsection (a) shall not apply to aviation fuel

7 held by any person on any tax-increase date exclusively

8 for any use for which a credit or refund of the entire tax

9 imposed by section 4091 of such Code is allowable for

10 aviation fuel purchased on or after such tax-increase date

11 for such use.

12 (e) EXCEPTION FOR CERTAIN AMOUNTS OF FUEL.—

13 (1) IN GENERAL.—No tax shall be imposed by

14 subsection (a) on aviation fuel held on any tax-in15 crease date by any person if the aggregate amount

16 of aviation fuel held by such person on such date

17 does not exceed 2,000 gallons. The preceding sen18 tence shall apply only if such person submits to the

19 Secretary (at the time and in the manner required

20 by the Secretary) such information as the Secretary

21 shall require for purposes of this paragraph.

22 (2) EXEMPT FUEL.—For purposes of para23 graph (1), there shall not be taken into account fuel

24 held by any person which is exempt from the tax im25 posed by subsection (a) by reason of subsection (d).
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1 (3) CONTROLLED GROUPS.—For purposes of

2 this subsection—

3 (A) CORPORATIONS.—

4 (i) IN GENERAL.—All persons treated

5 as a controlled group shall be treated as 1

6 person.

7 (ii) CONTROLLED GROUP.—The term

8 ‘‘controlled group’’ has the meaning given

9 to such term by subsection (a) of section

10 1563 of such Code; except that for such

11 purposes the phrase ‘‘more than 50 per12 cent’’ shall be substituted for the phrase

13 ‘‘at least 80 percent’’ each place it appears

14 in such subsection.

15 (B) NONINCORPORATED PERSONS UNDER

16 COMMON CONTROL.—Under regulations pre17 scribed by the Secretary, principles similar to

18 the principles of subparagraph (A) shall apply

19 to a group of persons under common control

20 where 1 or more of such persons is not a cor21 poration.

22 (f) OTHER LAW APPLICABLE.—All provisions of law,

23 including penalties, applicable with respect to the taxes

24 imposed by section 4091 of such Code shall, insofar as

25 applicable and not inconsistent with the provisions of this
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1 section, apply with respect to the floor stock taxes imposed

2 by subsection (a) to the same extent as if such taxes were

3 imposed by such section 4091.

4 SEC. ll. REDUCTION IN AVIATION TICKET TAX IN CER5 TAIN CASES.

6 (a) IN GENERAL.—Part III of subchapter C of chap7 ter 33 of the Internal Revenue Code of 1986 (relating to

8 special provisions applicable to taxes on transportation by

9 air) is amended by adding at the end the following new

10 section:

11 ‘‘SEC. 4283. REDUCTION IN AVIATION TICKET TAX IN CER12 TAIN CASES.

13 ‘‘(a) GENERAL RULE.—For each fiscal year, the Sec14 retary shall—

15 ‘‘(1) determine whether such fiscal year was a

16 funding shortfall year, and

17 ‘‘(2) in such a case, prescribe a tax rate which

18 shall apply under section 4261(a) to amounts paid

19 during the first calendar year beginning after the

20 close of such fiscal year.

21 ‘‘(b) FUNDING SHORTFALL YEAR.—For purposes of

22 this section—

23 ‘‘(1) IN GENERAL.—The term ‘funding shortfall

24 year’ means any fiscal year for which there is a

25 funding shortfall.
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1 ‘‘(2) FUNDING SHORTFALL.—The term ‘fund2 ing shortfall’ means, with respect to any fiscal year,

3 the amount by which—

4 ‘‘(A) the aggregate amounts authorized to

5 be obligated under such section 48103 for the

6 fiscal year, exceeds

7 ‘‘(B) the aggregate amounts available for

8 obligation under section 48103 of title 49, Unit9 ed States Code for the fiscal year.

10 ‘‘(3) SPECIAL RULES.—

11 ‘‘(A) TREATMENT OF PRIOR YEAR

12 AMOUNTS.—For purposes of paragraph (2)(A),

13 an amount shall be treated as authorized only

14 for the first fiscal year for which it is author15 ized.

16 ‘‘(B) TREATMENT OF SEQUESTERED

17 AMOUNTS.—The determination under para18 graph (2) shall not take into account the se19 questration of any amount described therein

20 pursuant to an order under part C of title II

21 of the Balanced Budget and Emergency Deficit

22 Control Act of 1985 (or any successor law).

23 ‘‘(C) TREATMENT OF RESCISSIONS.—The

24 determination under paragraph (2)(A) shall not

25 take into account the rescission of any amount
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1 authorized to obligated under section 48103 of

2 title 49, United States Code for a fiscal year.

3 ‘‘(c) DETERMINATION OF TAX RATE.—The rate pre4 scribed by the Secretary under subsection (a) which shall

5 apply in lieu of the rate otherwise applicable under section

6 4261(a) for any calendar year shall be the rate which the

7 Secretary estimates will result in a reduction in tax reve8 nues equal to the funding shortfall for the most recent

9 fiscal year ending before such calendar year.’’

10 (b) CLERICAL AMENDMENT.—The table of sections

11 for part III of subchapter C of chapter 33 of such Code

12 is amended by adding at the end the following new item:

‘‘Sec. 4283. Reduction in aviation ticket tax in certain cases.’’

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall apply to fiscal years beginning after the

15 date of the enactment of this Act.