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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3539 Engrossed in House (EH)]

  2d Session

                               H. R. 3539

_______________________________________________________________________

                                 AN ACT

 To amend title 49, United States Code, to reauthorize programs of the 
        Federal Aviation Administration, and for other purposes.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
104th CONGRESS
  2d Session
                                H. R. 3539

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Aviation 
Authorization Act of 1996''.
    (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. National Civil Aviation Review Commission.
Sec. 206. Innovative financing techniques.
          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.
Sec. 310. Private ownership of airports.
Sec. 311. Use of noise set-aside funds by non-airport sponsors.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Elimination of dual mandate.
Sec. 402. Purchase of housing units.
Sec. 403. Technical correction relating to State taxation.
Sec. 404. Use of passenger facility fees for debt financing project.
Sec. 405. Clarification of passenger facility revenues as constituting 
                            trust funds.
Sec. 406. Protection of voluntarily submitted information.
Sec. 407. Supplemental type certificates.
Sec. 408. Restriction on use of revenues.
Sec. 409. Certification of small airports.
Sec. 410. Employment investigations of pilots.
Sec. 411. Child pilot safety.
Sec. 412. Discretionary authority for criminal history records checks.
Sec. 413. Imposition of fees.
Sec. 414. Authority to close airport located near closed or realigned 
                            military base.
Sec. 415. Construction of runways.
Sec. 416. Gadsden Air Depot, Alabama.
Sec. 417. Regulations affecting intrastate aviation in Alaska.
Sec. 418. Westchester County Airport, New York.
Sec. 419. Bedford Airport, Pennsylvania.
Sec. 420. Location of Doppler radar stations, New York.
Sec. 421. Worcester Municipal Airport, Massachusetts.
Sec. 422. Central Florida Airport, Sanford, Florida.
Sec. 423. Aircraft Noise Ombudsman.
Sec. 424. Special rule for privately owned reliever airports.
    TITLE V--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES

Sec. 501. Extension of Airport and Airway Trust Fund Expenditures.
 TITLE VI--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND 
                              DEVELOPMENT

Sec. 601. Short title.
Sec. 602. Authorization of appropriations.
Sec. 603. Research priorities.
Sec. 604. Research advisory committee.
Sec. 605. National aviation research plan.

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

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. APPLICABILITY.

    (a) In General.--Except as otherwise specifically provided, this 
Act and the amendments made by this Act shall apply only to fiscal 
years beginning after September 30, 1996.
    (b) Limitation on Statutory Construction.--Nothing in this Act or 
any amendment made by this Act shall be construed as affecting funds 
made available for a fiscal year ending before October 1, 1996.

                TITLE I--REAUTHORIZATION OF FAA PROGRAMS

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103 is amended--
            (1) by striking ``September 30, 1981'' and inserting 
        ``September 30, 1996''; and
            (2) by striking ``$17,583,500,000'' and all that follows 
        through the period at the end and inserting the following: 
        ``$2,280,000,000 for fiscal years ending before October 1, 
        1997, $4,627,000,000 for fiscal years ending before October 1, 
        1998, and $7,039,000,000 for fiscal years ending before October 
        1, 1999.''.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``1996'' and inserting ``1999''.

SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48101(a) is amended 
by striking paragraphs (1) through (4) and inserting the following:
            ``(1) $2,068,000,000 for fiscal year 1997.
            ``(2) $2,129,000,000 for fiscal year 1998.
            ``(3) $2,191,000,000 for fiscal year 1999.''.
    (b) Clerical Amendments.--Chapter 481 is amended--
            (1) by striking the heading for section 48101 and inserting 
        the following:
``Sec. 48101. Air navigation facilities and equipment''; and
            (2) in the table of sections by striking the item relating 
        to section 48101 and inserting the following:

``48101. Air navigation facilities and equipment.''.

SEC. 103. OPERATIONS OF FAA.

    (a) Authorization of Appropriations From General Fund.--Section 
106(k) is amended by striking ``$4,088,000,000'' and all that follows 
through the period at the end and inserting the following: 
``$5,158,000,000 for fiscal year 1997, $5,344,000,000 for fiscal year 
1998, and $5,538,000,000 for fiscal year 1999.''.
    (b) Authorization of Appropriations From Trust Fund.--Section 
48104(c) is amended--
            (1) in the subsection heading by striking ``1996'' and 
        inserting ``1999''; and
            (2) by striking ``1994, 1995, and 1996'' and inserting 
        ``1994 through 1999''.
    (c) Limitation on Obligating or Expending Amounts.--Section 
48108(c) is amended by striking ``1996'' and inserting ``1999''.
    (d) Clerical Amendments.--Chapter 481 is amended--
            (1) by striking the heading for section 48104 and inserting 
        the following:
``Sec. 48104. Operations and maintenance''; and
            (2) in the table of sections for such chapter by striking 
        the item relating to section 48104 and inserting the following:

``48104. Operations and maintenance.''.

                TITLE II--AIRPORT DEVELOPMENT FINANCING

SEC. 201. APPORTIONMENTS.

    (a) Amounts Apportioned to Sponsors.--
            (1) Primary airports.--Section 47114(c)(1)(A) is amended--
                    (A) by striking ``and'' at the end of clause (iii);
                    (B) in clause (iv) by striking ``additional'' and 
                inserting ``of the next 500,000'';
                    (C) by striking the period at the end of clause 
                (iv) and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(v) $.50 for each additional passenger boarding at the 
        airport during the prior calendar year.''.
            (2) Cargo only airports.--Section 47114(c)(2) of such title 
        is amended to read as follows:
            ``(2) Cargo only airports.--
                    ``(A) Apportionment.--Subject to subparagraph (D), 
                the Secretary shall apportion an amount equal to 2.5 
                percent of the amount subject to apportionment each 
                fiscal year to the sponsors of airports served by 
                aircraft providing air transportation of only cargo 
                with a total annual landed weight of more than 
                100,000,000 pounds.
                    ``(B) Suballocation formula.--Any funds apportioned 
                under subparagraph (A) to sponsors of airports 
                described in subparagraph (A) shall be allocated among 
                those airports in the proportion that the total annual 
                landed weight of aircraft described in subparagraph (A) 
                landing at each of those airports bears to the total 
                annual landed weight of those aircraft landing at all 
                those airports.
                    ``(C) Limitation.--Not more than 8 percent of the 
                amount apportioned under subparagraph (A) may be 
                apportioned for any one airport.
                    ``(D) Distribution to other airports.--Before 
                apportioning amounts to the sponsors of airports under 
                subparagraph (A) for a fiscal year, the Secretary may 
                set-aside a portion of such amounts for distribution to 
                the sponsors of other airports, selected by the 
                Secretary, that the Secretary finds will be served 
                primarily by aircraft providing air transportation of 
                only cargo.
                    ``(E) Determination of landed weight.--Landed 
                weight under this paragraph is the landed weight of 
                aircraft landing at each airport described in 
                subparagraph (A) during the prior calendar year.''.
            (3) Repeal of limitation.--Section 47114(c)(3) is repealed.
    (b) Amounts Apportioned to States.--Section 47114(d)(2) of such 
title is amended--
            (1) by striking ``12'' and inserting ``18.5'';
            (2) in subparagraph (A) by striking ``one'' and inserting 
        ``0.66'';
            (3) in each of subparagraphs (B) and (C) by striking 
        ``49.5'' and inserting ``49.67''; and
            (4) in each of subparagraphs (B) and (C) by striking 
        ``except'' the second place it appears and all that follows 
        through ``title,'' and inserting ``excluding primary airports 
        but including reliever and nonprimary commercial service 
        airports,''.

SEC. 202. DISCRETIONARY FUND.

    Section 47115 is amended by striking the second subsection (f), 
relating to minimum amounts to be credited, and inserting the 
following:
    ``(g) Minimum Amount To Be Credited.--
            ``(1) General rule.--In a fiscal year, there shall be 
        credited to the fund, out of amounts made available under 
        section 48103 of this title, an amount that is at least equal 
        to the sum of--
                    ``(A) $50,000,000; plus
                    ``(B) the total amount required from the fund to 
                carry out in the fiscal year letters of intent issued 
                before January 1, 1996, under section 47110(e) of this 
                title or the Airport and Airway Improvement Act of 
                1982.
        The amount credited is exclusive of amounts that have been 
        apportioned in a prior fiscal year under section 47114 of this 
        title and that remain available for obligation.
            ``(2) Reduction of apportionments.--In a fiscal year in 
        which the amount credited under subsection (a) is less than the 
        minimum amount to be credited under paragraph (1), the total 
        amount calculated under paragraph (3) shall be reduced by an 
        amount that, when credited to the fund, together with the 
        amount credited under subsection (a), equals such minimum 
        amount.
            ``(3) Amount of reduction.--For a fiscal year, the total 
        amount available to make a reduction to carry out paragraph (2) 
        is the total of the amounts determined under sections 
        47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of this 
        title. Each amount shall be reduced by an equal percentage to 
        achieve the reduction.
    ``(h) Allocation of Amounts Exceeding Letter of Intent 
Requirements.--Of the amount credited to the fund for a fiscal year 
which exceeds the total amount required from the fund to carry out in 
the fiscal year letters of intent issued before January 1, 1996, under 
section 47110(e) of this title or the Airport and Airway Improvement 
Act of 1982--
            ``(1) not less that 15 percent shall be used for system 
        planning and for making grants to airports that are not 
        commercial service airports; and
            ``(2) not less than 30 percent shall be used for making 
        grants to commercial service airports that each year have less 
        than .25 percent of the total passenger boardings in the United 
        States.''.

SEC. 203. USE OF APPORTIONED AMOUNTS.

    (a) Period of Availability.--Section 47117(b) is amended by 
inserting before the period at the end of the first sentence the 
following: ``or the 3 fiscal years immediately following that year in 
the case of a primary airport that had less than .05 percent of the 
total boardings in the United States in the preceding calendar year''.
    (b) Special Apportionment Categories.--Section 47117(e)(1) is 
amended--
            (1) by striking ``made available under section 48103'' and 
        inserting ``available to the discretionary fund under section 
        47115'';
            (2) by striking subparagraphs (A), (C), and (D);
            (3) by redesignating subparagraphs (B) and (E) as 
        subparagraphs (A) and (B), respectively;
            (4) in subparagraph (A), as so redesignated, by striking 
        ``at least 12.5'' and inserting ``At least 31'';
            (5) by adding at the end of subparagraph (A), as so 
        redesignated, the following: ``The Secretary may count the 
        amount of grants made for such planning and programs with funds 
        apportioned under section 47114 in that fiscal year in 
        determining whether or not such 31 percent requirement is being 
        met in that fiscal year.'';
            (6) in subparagraph (B), as so redesignated, by striking 
        ``at least 2.25'' and all that follows through ``1996,'' and 
        inserting ``At least 4 percent for each fiscal year 
        thereafter''; and
            (7) by inserting before the period at the end of 
        subparagraph (B), as so redesignated, the following: ``and to 
        sponsors of noncommercial service airports for grants for 
        operational and maintenance expenses at any such airport if the 
        amount of such grants to the sponsor of the airport does not 
        exceed $30,000 in that fiscal year, if the Secretary determines 
        that the airport is adversely affected by the closure or 
        realignment of a military base, and if the sponsor of the 
        airport certifies that the airport would otherwise close if the 
        airport does not receive the grant''.

SEC. 204. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

    (a) General Requirements.--Section 47118(a) is amended--
            (1) by striking ``not more than 15'';
            (2) by inserting after the first sentence the following: 
        ``The maximum number of airports which may be designated by the 
        Secretary under this section at any time is 10.''; and
            (3) by striking ``reduce delays'' and all that follows 
        through ``landings'' and inserting the following: ``enhance 
        airport and air traffic control system capacity in major 
        metropolitan areas and reduce current or projected flight 
        delays''.
    (b) Survey and Considerations.--Section 47118 is amended--
            (1) in subsections (a) and (d) by striking ``section 
        47117(e)(1)(E)'' and inserting ``section 47117(e)(1)(B)''; and
            (2) by striking subsections (b) and (c) and redesignating 
        subsections (d), (e), and (f) as subsections (b), (c), and (d), 
        respectively.
    (c) Parking Lots, Fuel Farms, Utilities, and Hangars.--Subsection 
(d) of section 47118, as redesignated by subsection (b) of this 
section, is amended--
            (1) in the heading by striking ``and Utilities'' and 
        inserting ``Utilities, and Hangars'';
            (2) by striking ``for the fiscal years ending September 30, 
        1993-1996,'' and inserting ``for fiscal years beginning after 
        September 30, 1992,''; and
            (3) by striking ``and utilities'' and inserting 
        ``utilities, and hangars''.

SEC. 205. NATIONAL CIVIL AVIATION REVIEW COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the National Civil Aviation Review Commission (hereinafter in this 
section referred to as the ``Commission'').
    (b) Functions.--In order to provide Federal policymakers with 
objective information and recommendations concerning the future of 
civil aviation in the 21st century, the Commission shall conduct a 
comprehensive review of aviation safety oversight, airport capital 
needs, and the long-term capital and operating funding requirements of 
the Federal Aviation Administration. Matters to be studied by the 
Commission shall include, but not be limited to, the following:
            (1) A review of the overall condition of aviation safety in 
        the United States and emerging trends in the safety of 
        particular sectors of the aviation industry. This review shall 
        include a review of--
                    (A) the extent to which the dual mission of the 
                Administration to promote and regulate civil aviation 
                may undermine aviation safety;
                    (B) the adequacy of staffing and training resources 
                for safety personnel of the Administration, including 
                safety inspectors; and
                    (C) the Administration's processes for ensuring the 
                public safety from fraudulent parts in civil aviation 
                and the extent to which use of suspected unapproved 
                parts requires additional oversight or enforcement 
                action.
            (2) A review of current and projected airport capital 
        development needs and an assessment of various financing 
        mechanisms to meet these needs by type and size of airport. 
        This review shall include a review of--
                    (A) alternate financing mechanisms for airports, 
                including the airport improvement program, passenger 
                facility charges, tax-exempt bonds, State and local 
                assistance, airport privatization, infrastructure 
                banks, government-sponsored enterprises, and leveraging 
                of Federal airport financing that takes into 
                consideration the special needs of nonhub airports and 
                general aviation airports; and
                    (B) the effect of alternate funding levels of the 
                Federal Aviation Administration airport improvement 
                program, ranging from elimination of funding to full 
                funding of airport development requirements.
            (3) A review of the Administration's current and projected 
        financial requirements, alternate methods of financing those 
        requirements in the future, and recommendations on an overall 
        long-range financial plan for the Administration which would 
        provide for future growth in the Nation's air traffic system 
        while improving the management and performance of the system 
        and providing for continued safety improvements. Such financing 
        methods include loan guarantees, financial partnerships with 
        for-profit private sector entities, multiyear appropriations, 
        revolving loan funds, mandatory spending authority, authority 
        to borrow, restructured grant programs, aviation taxes, and 
        user fees.
            (4) A review of the air transportation needs of rural 
        communities, an assessment of the ability of various financing 
        mechanisms to fund programs designed to meet those needs, and 
        an evaluation and recommendation concerning innovative 
        financing mechanisms designed to meet those needs.
    (c) Membership.--The Commission shall be composed of 13 members, 
appointed from persons knowledgeable about civil aviation in the United 
States and who are specifically qualified by training and experience to 
perform the duties of the Commission, as follows:
            (1) 3 members appointed by the Secretary of Transportation, 
        in consultation with the Secretary of the Treasury.
            (2) 10 members appointed by Congress as follows:
                    (A) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives.
                    (B) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on 
                Appropriations of the House of Representatives.
                    (C) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on Commerce, 
                Science, and Transportation of the Senate.
                    (D) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on 
                Appropriations of the Senate.
                    (E) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on Ways and 
                Means of the House of Representatives.
    (d) Restriction on Appointment of Current Aviation Employees.--A 
member appointed under subsection (c)(1) may not be an employee of an 
airline, airport, aviation union, or aviation trade association at the 
time of appointment or while serving on the Commission.
    (e) Timing of Appointments.--The appointing authorities shall make 
their appointments to the Commission not later than 30 days after the 
date of the enactment of this Act.
    (f) Chairman.--In consultation with the Secretary of 
Transportation, the Speaker of the House of Representatives and the 
Majority Leader of the Senate shall designate a chairman and vice 
chairman from among the members of the Commission not later than 30 
days after appointment of the last member to the Commission.
    (g) Period of Appointment and Vacancies.--Members shall be 
appointed for the life of the Commission, and any vacancy on the 
Commission shall not affect its powers but shall be filled in the same 
manner, and by the same appointing authority, as the original 
appointment.
    (h) Quorum.--A majority of the members of the Commission shall 
constitute a quorum to conduct business, but the Commission may 
establish a lesser number for conducting hearings scheduled by the 
Commission.
    (i) Powers of the Commission.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties.
            (2) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information or documents as the Commission considers necessary 
        to carry out its duties, unless the head of such department or 
        agency advises the chairman of the Commission, in writing, that 
        such information is confidential and that its release to the 
        Commission would jeopardize aviation safety, the national 
        security, or pending criminal investigations.
            (3) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (4) Travel and per diem.--Members and staff of the 
        Commission shall be paid travel expenses, including per diem in 
        lieu of subsistence, when away from his or her usual place of 
        residence, in accordance with section 5703 of title 5, United 
        States Code.
    (j) Independent Audit.--
            (1) Contracts.--Immediately following the designation of 
        the chairman of the Commission, the Commission shall contract 
        with an entity independent of the Federal Aviation 
        Administration and the Department of Transportation to conduct 
        a complete audit of the financial requirements of the 
        Administration, considering anticipated air traffic forecasts, 
        other workload measures, and estimated productivity gains which 
        lead to budgetary requirements.
            (2) Deadline.--The independent audit shall be completed no 
        later than 180 days after the date of the contract award and 
        shall be submitted to the Commission.
    (k) Final Report.--Not later than 1 year after the date of the 
appointment of the last member to the Commission under subsection (c), 
the Commission shall submit to Congress and the Administrator a final 
report on the findings of the Commission with corresponding 
recommendations. Included with this report shall be the independent 
audit required under subsection (j).
    (l) Authorization of Appropriations.--There is hereby authorized to 
be appropriated $2,400,000 for activities of the Commission, including 
the independent audit under subsection (j), to remain available until 
expended.
    (m) GAO Assessment.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall transmit to the 
Commission and Congress an independent assessment of airport 
development needs.

SEC. 206. INNOVATIVE FINANCING TECHNIQUES.

    (a) In General.--The Secretary of Transportation is authorized to 
carry out a demonstration program under which the Secretary may approve 
applications under subchapter I of chapter 471 of title 49, United 
States Code, for not more than 10 projects for which grants received 
under such subchapter may be used to implement innovative financing 
techniques.
    (b) Purpose.--The purpose of the demonstration program shall be to 
provide information on the use of innovative financing techniques for 
airport development projects to the Congress and the National Civil 
Aviation Review Commission established by section 205 of this Act.
    (c) Limitation.--In no case shall the implementation of an 
innovative financing technique under the demonstration program result 
in a direct or indirect guarantee of any airport debt instrument by the 
Federal Government.
    (d) Innovative Financing Technique Defined.--In this section, the 
term ``innovative financing technique'' shall be limited to the 
following:
            (1) Payment of interest.
            (2) Commercial bond insurance and other credit enhancement 
        associated with airport bonds for eligible airport development.
            (3) Flexible non-Federal matching requirements.
    (e) Expiration of Authority.--The authority of the Secretary to 
carry out the demonstration program shall expire on September 30, 1999.

          TITLE III--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS

SEC. 301. INTERMODAL PLANNING.

    (a) Policies.--Section 47101(g) is amended to read as follows:
    ``(g) Intermodal Planning.--To carry out the policy of subsection 
(a)(5) of this section, the Secretary of Transportation shall take each 
of the following actions:
            ``(1) Coordination in development of airport plans and 
        programs.--Cooperate with State and local officials in 
        developing airport plans and programs that are based on overall 
        transportation needs. The airport plans and programs shall be 
        developed in coordination with other transportation planning 
        and considering comprehensive long-range land-use plans and 
        overall social, economic, environmental, system performance, 
        and energy conservation objectives. The process of developing 
        airport plans and programs shall be continuing, cooperative, 
        and comprehensive to the degree appropriate to the complexity 
        of the transportation problems.
            ``(2) Goals for airport master and system plans.--Encourage 
        airport sponsors and State and local officials to develop 
        airport master plans and airport system plans that--
                    ``(A) foster effective coordination between 
                aviation planning and metropolitan planning;
                    ``(B) include an evaluation of aviation needs 
                within the context of multimodal planning; and
                    ``(C) are integrated with metropolitan plans to 
                ensure that airport development proposals include 
                adequate consideration of land use and ground 
                transportation access.
            ``(3) Representation of airport operators on mpo's.--
        Encourage metropolitan planning organizations, particularly in 
        areas with populations greater than 200,000, to establish 
        membership positions for airport operators.''.
    (b) Requirements for Project Grant Applications.--Section 47106(a) 
is amended--
            (1) by inserting ``, including transportation and land use 
        plans'' before the semicolon at the end of paragraph (1);
            (2) by striking ``and'' at the end of paragraph (4);
            (3) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(6) with respect to a project for the location of an 
        airport, the sponsor has--
                    ``(A) provided the metropolitan planning 
                organization authorized to conduct metropolitan 
                planning for the area in which the airport is to be 
                located with not less than 30 days (i) to review the 
                airport master plan or the airport layout plan in which 
                the project is described and depicted, and (ii) to 
                submit comments on such plans to the sponsor; and
                    ``(B) included in the sponsor's application to the 
                Secretary the sponsor's written responses to any 
                comments made by the metropolitan planning 
                organization.''.

SEC. 302. COMPLIANCE WITH FEDERAL MANDATES.

    (a) Use of AIP Grants.--Section 47102(3) is amended--
            (1) in subparagraph (E) by inserting ``or under section 
        40117'' before the period at the end; and
            (2) in subparagraph (F) by striking ``paid for by a grant 
        under this subchapter and''.
    (b) Use of Passenger Facility Charges.--Section 40117(a)(3) is 
amended by striking subparagraph (F).

SEC. 303. RUNWAY MAINTENANCE PROGRAM.

    (a) Authority.--Section 47105 is amended by adding at the end the 
following:
    ``(g) Runway Maintenance Program.--The Secretary may carry out a 
pilot program in each of fiscal years 1997, 1998, and 1999 under which 
the Secretary may approve applications under this subchapter for not 
more than 10 projects in each of such fiscal years to preserve and 
extend the useful life of runways and taxiways at any airport for which 
an amount is apportioned under section 47114(d).''.
    (b) Inclusion in Airport Development Activities.--Section 47102(3) 
is amended by adding at the end the following:
                    ``(H) preserving and extending the useful life of 
                runways and taxiways at a public-use airport under the 
                pilot program authorized by section 47105(g) of this 
                title.''.

SEC. 304. ACCESS TO AIRPORTS BY INTERCITY BUSES.

    Section 47107(a) is amended--
            (1) by striking ``and'' at the end of paragraph (18);
            (2) by striking the period at the end of paragraph (19) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(20) the airport owner or operator will permit, to the 
        maximum extent practicable, intercity buses to have access to 
        the airport.''.

SEC. 305. COST REIMBURSEMENT FOR PROJECTS COMMENCED PRIOR TO GRANT 
              AWARD.

    (a) Cost Reimbursement.--Section 47110(b)(2)(C) is amended to read 
as follows:
            ``(C) if the Government's share is paid only with amounts 
        apportioned under paragraphs (1) and (2) of section 47114(c) of 
        this title and if the cost is incurred--
                    ``(i) after September 30, 1996;
                    ``(ii) before a grant agreement is executed for the 
                project; and
                    ``(iii) in accordance with an airport layout plan 
                approved by the Secretary and with all statutory and 
                administrative requirements that would have been 
                applicable to the project if the project had been 
                carried out after the grant agreement had been 
                executed;''.
    (b) Use of Discretionary Funds.--Section 47110 is amended by adding 
at the end the following:
    ``(g) Use of Discretionary Funds.--A project for which cost 
reimbursement is provided under subsection (b)(2)(C) shall not receive 
priority consideration with respect to the use of discretionary funds 
made available under section 47115 of this title even if the amounts 
made available under paragraphs (1) and (2) of section 47114(c) are not 
sufficient to cover the Government's share of the cost of project.''.

SEC. 306. ISSUANCE OF LETTERS OF INTENT.

    Section 47110(e) is amended--
            (1) by redesignating paragraph (6) as paragraph (9); and
            (2) by inserting after paragraph (5) the following:
            ``(6) Cost-benefit regulations.--The Secretary shall issue 
        regulations to require a cost-benefit analysis for any letter 
        of intent to be issued under paragraph (1) for a project at an 
        airport that each year has more than .25 percent of the total 
        passenger boardings in the United States. Until the date on 
        which such regulations take effect, the Secretary may not issue 
        a letter of intent under paragraph (1) for any project that is 
        not yet under construction and that is to be carried out at an 
        airport described in the preceding sentence.
            ``(7) Financing plans.--The Secretary shall require airport 
        sponsors to provide, as part of any request for a letter of 
        intent for a project under paragraph (1), specific details on 
        the proposed financing plan for the project.
            ``(8) Consideration.--The Secretary shall consider the 
        effect of a project on overall national air transportation 
        policy when reviewing requests for letters of intent under 
        paragraph (1).''.

SEC. 307. SELECTION OF PROJECTS FOR GRANTS FROM DISCRETIONARY FUND.

    Section 47115(d) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) the priority that the State gives to the project;
            ``(5) the projected growth in the number of passengers that 
        will be using the airport at which the project will be carried 
        out; and
            ``(6) any increase in the number of passenger boardings in 
        the preceding 12-month period at the airport at which the 
        project will be carried out, with priority consideration to be 
        given to projects at airports at which the number of passenger 
        boardings increased by at least 20 percent as compared to the 
        number of passenger boardings in the 12-month period preceding 
        such period.''.

SEC. 308. SMALL AIRPORT FUND.

    Section 47116 is amended by adding at the end the following:
    ``(d) Priority Consideration for Certain Projects.--In making 
grants to sponsors described in subsection (b)(2), the Secretary shall 
give priority consideration to multi-year projects for construction of 
new runways that the Secretary finds are cost beneficial and would 
increase capacity in a region of the United States.''.

SEC. 309. STATE BLOCK GRANT PROGRAM.

    (a) Participating States.--Section 47128 is amended--
            (1) in subsection (a) by striking ``7'' and inserting 
        ``10'';
            (2) in subsection (b)(1)--
                    (A) by striking ``(1)''; and
                    (B) by redesignating subparagraphs (A) through (E) 
                as paragraphs (1) through (5), respectively; and
            (3) by striking subsection (b)(2).
    (b) Use of State Priority System.--Section 47128(c) is amended--
            (1) by striking ``(b)(1)(B) or (C)'' and inserting ``(b)(2) 
        or (b)(3)''; and
            (2) by adding at the end the following: ``In carrying out 
        this subsection, the Secretary shall permit a State to use the 
        priority system of the State if such system is not inconsistent 
        with the national priority system.''.
    (c) Repeal of Expiration Date.--
            (1) In general.--Section 47128 is amended--
                    (A) by striking ``pilot'' in the section heading;
                    (B) by striking ``pilot'' in subsection (a); and
                    (C) by striking subsection (d).
            (2) Conforming amendment.--The table of sections for 
        chapter 471 is amended by striking the item relating to section 
        47128 and inserting the following:

``47128. State block grant program.''.

SEC. 310. PRIVATE OWNERSHIP OF AIRPORTS.

    (a) Establishment of Program.--
            (1) In general.--Subchapter I of chapter 471 is amended by 
        adding at the end the following:
``Sec. 47132. Private ownership of airports
    ``(a) Submission of Applications.--If a sponsor intends to sell an 
airport or lease an airport for a long term to a person (other than a 
public agency), the sponsor and purchaser or lessee may apply to the 
Secretary of Transportation for exemptions under this section.
    ``(b) Approval of Applications.--The Secretary may approve, with 
respect to not more than 6 airports, applications submitted under 
subsection (a) granting exemptions from the following provisions:
            ``(1) Use of revenues.--
                    ``(A) In general.--The Secretary may grant an 
                exemption to a sponsor from the provisions of sections 
                44706(d) and 47107(b) of this title (and any other law, 
                regulation, or grant assurance) to the extent necessary 
                to permit the sponsor to recover from the sale or lease 
                of the airport such amount as may be approved--
                            ``(i) by at least 60 percent of the air 
                        carriers serving the airport; and
                            ``(ii) by the air carrier or air carriers 
                        whose aircraft landing at the airport during 
                        the preceding calendar year had a total landed 
                        weight during the preceding calendar year of at 
                        least 60 percent of the total landed weight of 
                        all aircraft landing at the airport during such 
                        year.
                    ``(B) Landed weight defined.--In this paragraph, 
                the term `landed weight' means the weight of aircraft 
                transporting passengers or cargo, or both, in 
                intrastate, interstate, and foreign air transportation, 
                as the Secretary determines under regulations the 
                Secretary prescribes.
            ``(2) Repayment requirements.--The Secretary may grant an 
        exemption to a sponsor from the provisions of sections 47107 
        and 47152 of this title (and any other law, regulation, or 
        grant assurance) to the extent necessary to waive any 
        obligation of the sponsor to repay to the Federal Government 
        any grants, or to return to the Federal Government any 
        property, received by the airport under this title, the Airport 
        and Airway Improvement Act of 1982, or any other law.
            ``(3) Compensation from airport operations.--The Secretary 
        may grant an exemption to a purchaser or lessee from the 
        provisions of sections 44706(d) and 47107(b) of this title (and 
        any other law, regulation, or grant assurance) to the extent 
        necessary to permit the purchaser or lessee to earn 
        compensation from the operations of the airport.
    ``(c) Terms and Conditions.--The Secretary may approve an 
application under subsection (b) only if the Secretary finds that the 
sale or lease agreement includes provisions satisfactory to the 
Secretary to ensure the following:
            ``(1) The airport will continue to be available for public 
        use on reasonable terms and conditions and without unjust 
        discrimination.
            ``(2) The operation of the airport will not be interrupted 
        in the event that the purchaser or lessee becomes insolvent or 
        seeks or becomes subject to any State or Federal bankruptcy, 
        reorganization, insolvency, liquidation, or dissolution 
        proceeding or any petition or similar law seeking the 
        dissolution or reorganization of the purchaser or lessee or the 
        appointment of a receiver, trustee, custodian, or liquidator 
        for the purchaser or lessee or a substantial part of the 
        purchaser or lessee's property, assets, or business.
            ``(3) The purchaser or lessee will maintain and improve the 
        facilities of the airport and will submit to the Secretary a 
        plan for carrying out such maintenance and improvements.
            ``(4) Every fee of the airport imposed on an air carrier on 
        the day before the date of the sale or lease of the airport 
        will not increase faster than the rate of inflation unless a 
        higher amount is approved--
                    ``(A) by at least 60 percent of the air carriers 
                serving the airport; and
                    ``(B) by the air carrier or air carriers whose 
                aircraft landing at the airport during the preceding 
                calendar year had a total landed weight during the 
                preceding calendar year of at least 60 percent of the 
                total landed weight of all aircraft landing at the 
                airport during such year.
            ``(5) Safety and security at the airport will be maintained 
        at the highest possible levels.
            ``(6) The adverse effects of noise from operations at the 
        airport will be mitigated to the same extent as at a public 
        airport.
            ``(7) Any adverse effects on the environment from airport 
        operations will be mitigated to the same extent as at a public 
        airport.
            ``(8) Any collective bargaining agreement that covers 
        employees of the airport and is in effect on the date of the 
        sale or lease of the airport will not be abrogated by the sale 
        or lease.
    ``(d) Participation of Certain Airports.--If the Secretary approves 
under subsection (b) applications with respect to 6 airports, at least 
one of the airports must be an airport that is not a commercial service 
airport.
    ``(e) Passenger Facility Fees; Apportionments; Service Charges.--
Notwithstanding that the sponsor of an airport receiving an exemption 
under subsection (b) is not a public agency, the sponsor shall not be 
prohibited from--
            ``(1) imposing a passenger facility fee under section 40117 
        of this title;
            ``(2) receiving apportionments under section 47114 of this 
        title; or
            ``(3) collecting reasonable rental charges, landing fees, 
        and other service charges from aircraft operators under section 
        40116(e)(2) of this title.
    ``(f) Effectiveness of Exemptions.--An exemption granted under 
subsection (b) shall continue in effect only so long as the facilities 
sold or leased continue to be used for airport purposes.
    ``(g) Revocation of Exemptions.--The Secretary may revoke an 
exemption issued to a purchaser or lessee of an airport under 
subsection (b)(3) if, after providing the purchaser or lessee with 
notice and an opportunity to be heard, the Secretary determines that 
the purchaser or lessee has knowingly violated any of the terms 
specified in subsection (c) for the sale or lease of the airport.
    ``(h) Nonapplication of Provisions to Airports Owned by Public 
Agencies.--The provisions of this section requiring the approval of air 
carriers in determinations concerning the use of revenues, and 
imposition of fees, at an airport shall not be extended so as to apply 
to any airport owned by a public agency that is not participating in 
the program established by this section.''.
            (2) Conforming amendment.--The table of sections for such 
        chapter is further amended by adding at the end the following:

``47132. Private ownership of airports.''.
    (b) Taxation.--Section 40116(b) is amended--
            (1) by striking ``a State or'' and inserting ``a State, 
        a''; and
            (2) by inserting after ``of a State'' the following: ``, 
        and any person that has purchased or leased an airport under 
        section 47132 of this title''.
    (c) Resolution of Airport-Air Carrier Disputes Concerning Airport 
Fees.--Section 47129(a) is amended by adding at the end the following:
            ``(4) Fees imposed by privately-owned airports.--In 
        evaluating the reasonableness of a fee imposed by an airport 
        receiving an exemption under section 47132 of this title, the 
        Secretary shall consider whether the airport has complied with 
        section 47132(c)(4).''.

SEC. 311. USE OF NOISE SET-ASIDE FUNDS BY NON-AIRPORT SPONSORS.

    Section 47505 is amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) in subsection (c), as so redesignated, by striking 
        ``subsection (a) of'' and inserting ``subsection (a) or (b) 
        of''; and
            (3) by inserting after subsection (a) the following:
    ``(b) Grants to Non-Airport Sponsors.--
            ``(1) Authority.--The Secretary may make a grant under this 
        subsection to a State or unit of local government that is not 
        the owner or operator of the airport for preparation of an 
        airport land use compatibility plan or implementation of an 
        airport land use compatibility project.
            ``(2) Planning authority.--In order to be eligible to 
        receive a grant under this subsection for preparation of an 
        airport land use compatibility plan, the State or unit of local 
        government must have authority to plan and adopt land use 
        control measures, including zoning, in the planning area.
            ``(3) Coordination of planning activities.--
                    ``(A) Consistency with other planning.--An airport 
                land use compatibility plan prepared by a State or unit 
                of local government under this subsection may not 
                duplicate or be inconsistent with an airport noise 
                compatibility program prepared by an airport operator 
                under this chapter or with other planning carried out 
                by the airport operator.
                    ``(B) Consultation with airport owners and 
                operators.--A State or unit of local government 
                receiving a grant under this subsection for preparation 
                of an airport land use compatibility plan shall consult 
                with the owner or operator of the airport for which the 
                plan is being prepared regarding any recommended 
                airport land use compatibility measure identified in 
                the plan and any aviation data on which such 
                recommendation is made.
            ``(4) Approval of airport owner or operator required.--The 
        Secretary may make a grant to a State or unit of local 
        government under this subsection for preparation of an airport 
        land use compatibility plan or implementation of an airport 
        land use compatibility project only after receiving the 
        approval of the owner or operator of the airport for which the 
        plan or project is being prepared or implemented. Such approval 
        shall be based on whether the plan or program, including the 
        use of any noise exposure contours on which the plan or project 
        is based, has been coordinated with the airport and is 
        consistent with the airport's operations and planning.
            ``(5) Written assurances.--The Secretary may make a grant 
        to a State or unit of local government under this subsection 
        only after receiving from the State or unit of local government 
        such written assurances as the Secretary determines necessary 
        to achieve the purposes of this subsection.
            ``(6) Guidelines.--The Secretary may establish guidelines 
        in carrying out this subsection.
            ``(7) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Airport compatible land use.--The term 
                `airport compatible land use' means any land use that 
                is usually compatible with--
                            ``(i) the noise levels associated with an 
                        airport, as established under this chapter;
                            ``(ii) airport design standards issued by 
                        the Administrator; and
                            ``(iii) regulations issued to carry out 
                        section 44718 of this title.
                    ``(B) Airport land use compatibility plan.--The 
                term `airport land use compatibility plan' means the 
                product of a process to determine the extent, type, 
                nature, location, and timing of measures to improve the 
                compatibility of land use with the existing forecast 
                level of aviation activity at an airport.
                    ``(C) Airport land use compatibility project.--The 
                term `airport land use compatibility project' means a 
                project that is contained in an airport land use 
                compatibility plan and determined by the Administrator 
                to enhance airport compatible land use.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. ELIMINATION OF DUAL MANDATE.

    (a) Safety as Highest Priority.--Section 40101(d) is amended--
            (1) by redesignating paragraphs (1) through (6) as 
        paragraphs (2) through (7), respectively; and
            (2) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1) assigning, maintaining, and enhancing safety and 
        security as the highest priorities in air commerce.''.
    (b) Elimination of Promotion.--
            (1) Policy.--Section 40101(d) is further amended--
                    (A) in paragraph (2), as redesignated by subsection 
                (a)(1) of this section, by striking ``its development 
                and''; and
                    (B) in paragraph (3), as so redesignated--
                            (i) by striking ``promoting, encouraging,'' 
                        and inserting ``encouraging''; and
                            (ii) by inserting before the period at the 
                        end ``, including new aviation technology''.
            (2) Development.--Section 40104(a) is amended by striking 
        ``and air commerce''.
            (3) Conforming amendments.--Chapter 401 is amended--
                    (A) in the heading to section 40104 by striking 
                ``and air commerce'';
                    (B) in the subsection heading to section 40104(a) 
                by striking ``and Air Commerce''; and
                    (C) in the item relating to section 40104 in the 
                table of sections at the beginning of the chapter by 
                striking ``and air commerce''.

SEC. 402. PURCHASE OF HOUSING UNITS.

    Section 40110 is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Purchase of Housing Units.--
            ``(1) Authority.--In carrying out this part, the 
        Administrator may purchase a housing unit (including a 
        condominium or a housing unit in a building owned by a 
        cooperative) that is located outside the contiguous United 
        States if the cost of the unit is $200,000 or less.
            ``(2) Continuing obligations.--Notwithstanding section 1341 
        of title 31, the Administrator may purchase a housing unit 
        under paragraph (1) even if there is an obligation thereafter 
        to pay necessary and reasonable fees duly assessed upon such 
        unit, including fees related to operation, maintenance, taxes, 
        and insurance.
            ``(3) Certification to congress.--The Administrator may 
        purchase a housing unit under paragraph (1) only if, at least 
        30 days before completing the purchase, the Administrator 
        transmits to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report containing--
                    ``(A) a description of the housing unit and its 
                price;
                    ``(B) a certification that the price does not 
                exceed the median price of housing units in the area; 
                and
                    ``(C) a certification that purchasing the housing 
                unit is the most cost-beneficial means of providing 
                necessary accommodations in carrying out this part.
            ``(4) Payment of fees.--The Administrator may pay, when 
        due, fees resulting from the purchase of a housing unit under 
        this subsection from any amounts made available to the 
        Administrator.''.

SEC. 403. TECHNICAL CORRECTION RELATING TO STATE TAXATION.

    Section 40116(b) is amended by striking ``subsection (c) of this 
section and''.

SEC. 404. USE OF PASSENGER FACILITY FEES FOR DEBT FINANCING PROJECT.

    Section 40117(a)(3) is amended by adding at the end the following:
                    ``(G) for debt financing of a terminal development 
                project at a commercial service airport that each year 
                has .05 percent or less of the total passenger 
                boardings in the United States if construction began on 
                the project after November 5, 1988, and before November 
                5, 1990, and the eligible agency certifies that no 
                other eligible airport-related projects affecting 
                safety, security, or capacity will be deferred by the 
                debt financing project.''.

SEC. 405. CLARIFICATION OF PASSENGER FACILITY REVENUES AS CONSTITUTING 
              TRUST FUNDS.

    Section 40117(g) is amended by adding at the end the following:
    ``(4) Passenger facility revenues that are held by an air carrier 
or an agent of the carrier after collection of a passenger facility fee 
constitute a trust fund that is held by the air carrier or agent for 
the beneficial interest of the eligible agency imposing the fee. Such 
carrier or agent holds neither legal nor equitable interest in the 
passenger facility revenues except for any handling fee or retention of 
interest collected on unremitted proceeds as may be allowed by the 
Secretary.''.

SEC. 406. PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION.

    (a) In General.--Chapter 401 is amended by redesignating section 
40120 as section 40121 and by inserting after section 40119 the 
following:
``Sec. 40120. Protection of voluntarily submitted information
    ``(a) General Rule.--Notwithstanding any other provision of law, 
neither the Administrator of the Federal Aviation Administration, nor 
any agency receiving information from the Administrator, may disclose 
voluntarily provided safety or security related information if the 
Administrator finds that--
            ``(1) the disclosure of the information would inhibit the 
        voluntary provision of that type of information;
            ``(2) the receipt of that type of information would aid in 
        fulfilling the Administrator's safety and security 
        responsibilities; and
            ``(3) the withholding of the information would not be 
        inconsistent with the Administrator's safety and security 
        responsibilities.
    ``(b) Regulations.--The Administrator shall issue regulations to 
carry out this section.''.
    (b) Conforming Amendment.--The table of sections for chapter 401 is 
amended by striking the item relating to section 40120 and inserting 
the following:

``40120. Protection of voluntarily submitted information.
``40121. Relationship to other laws.''.

SEC. 407. SUPPLEMENTAL TYPE CERTIFICATES.

    Section 44704 is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Supplemental Type Certificates.--
            ``(1) Issuance.--The Administrator may issue a type 
        certificate designated as a supplemental type certificate for a 
        change to an aircraft, aircraft engine, propeller, or 
        appliance.
            ``(2) Contents.--A supplemental type certificate issued 
        under paragraph (1) shall consist of the change to the 
        aircraft, aircraft engine, propeller, or appliance with respect 
        to the previously issued type certificate for the aircraft, 
        aircraft engine, propeller, or appliance.
            ``(3) Requirement.--If the holder of a supplemental type 
        certificate agrees to permit another person to use the 
        certificate to modify an aircraft, aircraft engine, propeller, 
        or appliance, the holder shall provide the other person with 
        written evidence, in a form acceptable to the Administrator, of 
        that agreement. A person may change an aircraft, aircraft 
        engine, propeller, or appliance based on a supplemental type 
        certificate only if the person requesting the change is the 
        holder of the supplemental type certificate or has permission 
        from the holder to make the change.''.

SEC. 408. RESTRICTION ON USE OF REVENUES.

    (a) In General.--Section 44706 is amended by adding at the end the 
following:
    ``(d) Use of Revenues.--
            ``(1) Prohibition.--A person holding an airport operating 
        certificate under this section may not expend local taxes on 
        aviation fuel (except taxes in effect on December 30, 1987) or 
        the revenues generated by the airport for any purpose other 
        than the capital or operating costs of--
                    ``(A) the airport;
                    ``(B) the local airport system; or
                    ``(C) other local facilities owned or operated by 
                the person and directly and substantially related to 
                the air transportation of passengers or property.
            ``(2) Exceptions.--Paragraph (1) does not apply--
                    ``(A) if a provision enacted not later than 
                September 2, 1982, in a law controlling financing by 
                the owner or operator, or a covenant or assurance in a 
                debt obligation issued not later than September 2, 
                1982, by the owner or operator, provides that the 
                revenues, including local taxes on aviation fuel at 
                public airports, from any of the facilities of the 
                owner or operator, including the airport, be used to 
                support not only the airport but also the general debt 
                obligations or other facilities of the owner or 
                operator; or
                    ``(B) if the airport operating certificate is for a 
                heliport.
            ``(3) Authority to issue waivers to airports not receiving 
        grant assistance.--The Administrator may waive the application 
        of paragraph (1) with respect to any airport that has not 
        received grant assistance under chapter 471 of this title or 
        the Airport and Airway Improvement Act of 1982 in the 10-year 
        period ending on the date of the enactment of this subsection.
            ``(4) Limitation on statutory construction.--This 
        subsection does not prevent the use of a State tax on aviation 
        fuel to support a State aviation program or the use of airport 
        revenue on or off the airport for a noise mitigation 
        purpose.''.
    (b) Penalties.--Section 46301(a)(5) is amended to read as follows:
            ``(5) Penalty for diversion of aviation revenues.--The 
        amount of a civil penalty assessed under this section for a 
        violation of section 47107(b) of this title (or any assurance 
        made under such section) or section 44706(d) of this title may 
        be increased above the otherwise applicable maximum amount 
        under this section to an amount not to exceed 3 times the 
        amount of revenues that are used in violation of such 
        section.''.

SEC. 409. CERTIFICATION OF SMALL AIRPORTS.

    (a) In General.--Section 44706(a) is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) by inserting after paragraph (1) the following:
            ``(2) that is not located in the State of Alaska and serves 
        any scheduled passenger operation of an air carrier operating 
        aircraft designed for more than 9 passenger seats but less than 
        31 passenger seats; and'';
            (3) by striking ``and'' at the end of paragraph (3), as 
        redesignated by paragraph (1) of this subsection;
            (4) by striking ``(3) when'' and inserting ``if''; and
            (5) by moving the matter following paragraph (3), as 
        redesignated by paragraph (1) of this subsection, to the left 
        flush full measure.
    (b) Commuter Airports.--Section 44706 is amended by adding at the 
end the following:
    ``(e) Commuter Airports.--In developing the terms required by 
subsection (b) for airports covered by subsection (a)(2), the 
Administrator shall identify and consider a reasonable number of 
regulatory alternatives and select from such alternatives the least 
costly, most cost-effective or the least burdensome alternative that 
will provide comparable safety at airports described in subsections 
(a)(1) and (a)(2).''.
    (c) Effective Date.--Section 44706 is further amended by adding at 
the end the following:
    ``(f) Effective Date.--Any regulation establishing the terms 
required by subsection (b) for airports covered by subsection (a)(2) 
shall not take effect until such regulation, and a report on the 
economic impact of the regulation on air service to the airports 
covered by the rule, has been submitted to Congress and 120 days have 
elapsed following the date of such submission.''.
    (d) Limitation on Statutory Construction.--Section 44706 is further 
amended by adding at the end the following:
    ``(g) Limitation on Statutory Construction.--Nothing in this title 
may be construed as requiring a person to obtain an airport operating 
certificate if such person does not desire to operate an airport 
described in subsection (a).''.

SEC. 410. EMPLOYMENT INVESTIGATIONS OF PILOTS.

    (a) Employment Investigations.--
            (1) In general.--Chapter 447 is amended by adding at the 
        end the following:
``Sec. 44724. Preemployment review of prospective pilot records
    ``(a) Pilot Records.--
            ``(1) In general.--Before allowing an individual to begin 
        service as a pilot, an air carrier shall request and receive 
        the following information:
                    ``(A) FAA records.--From the Administrator of the 
                Federal Aviation Administration, information pertaining 
                to the individual that is maintained by the 
                Administrator concerning--
                            ``(i) current airman certificates 
                        (including airman medical certificates) and 
                        associated type ratings, including any 
                        limitations thereon; and
                            ``(ii) summaries of legal enforcement 
                        actions which have resulted in a finding by the 
                        Administrator of a violation of this title or a 
                        regulation prescribed or order issued under 
                        this title and which have not been subsequently 
                        overturned.
                    ``(B) Air carrier records.--From any air carrier 
                (or the trustee in bankruptcy for the air carrier) that 
                has employed the individual at any time during the 5-
                year period preceding the date of the employment 
                application of the individual--
                            ``(i) records pertaining to the individual 
                        that are maintained by an air carrier (other 
                        than records relating to flight time, duty 
                        time, or rest time) under regulations set forth 
                        in--
                                    ``(I) section 121.683 of title 14, 
                                Code of Federal Regulations;
                                    ``(II) paragraph (A) of section VI, 
                                appendix I, part 121 of such title;
                                    ``(III) paragraph (A) of section 
                                IV, appendix J, part 121 of such title;
                                    ``(IV) section 125.401 of such 
                                title; and
                                    ``(V) section 135.63(a)(4) of such 
                                title; and
                            ``(ii) other records pertaining to the 
                        individual that are maintained by the air 
                        carrier concerning--
                                    ``(I) the training, qualifications, 
                                proficiency, or professional competence 
                                of the individual, including comments 
                                and evaluations made by a check airman 
                                designated in accordance with section 
                                121.411, 125.295, or 135.337 of such 
                                title;
                                    ``(II) any disciplinary action 
                                relating to the training, 
                                qualifications, proficiency, or 
                                professional competence of the 
                                individual which was taken by the air 
                                carrier with respect to the individual 
                                and which was not subsequently 
                                overturned by the air carrier; and
                                    ``(III) any release from employment 
                                or resignation, termination (if related 
                                to the individual's training, 
                                professional qualification, 
                                proficiency, or professional 
                                competence), or disqualification with 
                                respect to employment.
                    ``(C) National driver register records.--From the 
                chief driver licensing official of a State, information 
                concerning the motor vehicle driving record of the 
                individual in accordance with section 30305(b)(7) of 
                this title.
            ``(2) 5-year reporting period.--A person is not required to 
        furnish a record in response to a request made under paragraph 
        (1) if the record was entered more than 5 years before the date 
        of the request, unless the information is about a revocation or 
        suspension of an airman certificate or motor vehicle license 
        that is still in effect on the date of the request.
            ``(3) Requirement to maintain records.--The Administrator 
        and each air carrier (or the trustee in bankruptcy for the air 
        carrier) shall maintain pilot records described in paragraph 
        (1) for a period of at least 5 years.
            ``(4) Written consent for release.--Neither the 
        Administrator nor any air carrier may furnish a record in 
        response to a request made under paragraph (1) (A) or (B) 
        without first obtaining the written consent of the individual 
        whose records are being requested.
            ``(5) Deadline for provision of information.--A person who 
        receives a request for records under paragraph (1) shall 
        furnish, on or before the 30th day following the date of 
        receipt of the request (or on or before the 30th day following 
        the date of obtaining the written consent of the individual in 
        the case of a request under paragraph (1) (A) or (B)), all of 
        the records maintained by the person that have been requested.
            ``(6) Right to receive notice and copy of any record 
        furnished.--A person who receives a request for records under 
        paragraph (1) shall provide to the individual whose records 
        have been requested--
                    ``(A) on or before the 20th day following the date 
                of receipt of the request, written notice of the 
                request and of the individual's right to receive a copy 
                of such records; and
                    ``(B) in accordance with paragraph (9), a copy of 
                such records, if requested by the individual.
            ``(7) Reasonable charges for processing requests and 
        furnishing copies.--A person who receives a request for records 
        under paragraph (1) or (9) may establish a reasonable charge 
        for the cost of processing the request and furnishing copies of 
        the requested records.
            ``(8) Right to correct inaccuracies.--An air carrier that 
        receives the records of an individual under paragraph (1)(B) 
        shall provide the individual with a reasonable opportunity to 
        submit written comments to correct any inaccuracies contained 
        in the records before making a final hiring decision with 
        respect to the individual.
            ``(9) Right of pilot to review certain records.--
        Notwithstanding any other provision of a law or agreement, an 
        air carrier shall, upon written request from a pilot employed 
        by such carrier, make available, within a reasonable time of 
        the request, to the pilot for review any and all employment 
        records referred to in paragraph (1)(B) pertaining to the 
        pilot's employment.
            ``(10) Privacy protections.--
                    ``(A) Use of records.--An air carrier or employee 
                of an air carrier that receives the records of an 
                individual under paragraph (1) may use such records 
                only to assess the qualifications of the individual in 
                deciding whether or not to hire the individual as a 
                pilot.
                    ``(B) Required actions.--Subject to subsection (c), 
                the air carrier or employee of an air carrier shall 
                take such actions as may be necessary to protect the 
                privacy of the pilot and the confidentiality of the 
                records, including ensuring that the information 
                contained in the records is not divulged to any 
                individual that is not directly involved in the hiring 
                decision.
                    ``(C) Individuals not hired.--If the individual is 
                not hired, the air carrier shall destroy or return the 
                records of the individual received under paragraph (1); 
                except that the air carrier may retain any records 
                needed to defend its decisions not to hire the 
                individual.
            ``(11) Standard forms.--The Administrator may promulgate--
                    ``(A) standard forms which may be used by an air 
                carrier to request the records of an individual under 
                paragraph (1); and
                    ``(B) standard forms which may be used by a person 
                who receives a request for records under paragraph (1) 
                to obtain the written consent of the individual and to 
                inform the individual of the request and of the 
                individual's right to receive a copy of any records 
                furnished in response to the request.
            ``(12) Regulations.--The Administrator may prescribe such 
        regulations as may be necessary--
                    ``(A) to protect the personal privacy of any 
                individual whose records are requested under paragraph 
                (1) and to protect the confidentiality of those 
                records;
                    ``(B) to preclude the further dissemination of 
                records received under paragraph (1) by the air carrier 
                who requested them; and
                    ``(C) to ensure prompt compliance with any request 
                under paragraph (1).
    ``(b) Limitation on Liability; Preemption of State and Local Law.--
            ``(1) Limitation on liability.--No action or proceeding may 
        be brought by or on behalf of an individual who is seeking a 
        position with an air carrier as a pilot against--
                    ``(A) the air carrier for requesting the 
                individual's records under subsection (a)(1);
                    ``(B) a person who has complied with such request 
                and in the case of a request under subsection (a)(1) 
                (A) or (B) has obtained the written consent of the 
                individual;
                    ``(C) a person who has entered information 
                contained in the individual's records; or
                    ``(D) an agent or employee of a person described in 
                subparagraph (A) or (B);
        in the nature of an action for defamation, invasion of privacy, 
        negligence, interference with contract, or otherwise, or under 
        any Federal, State, or local law with respect to the furnishing 
        or use of such records in accordance with subsection (a).
            ``(2) Preemption.--No State or political subdivision 
        thereof may enact, prescribe, issue, continue in effect, or 
        enforce any law, regulation, standard, or other provision 
        having the force and effect of law that prohibits, penalizes, 
        or imposes liability for furnishing or using records in 
        accordance with subsection (a).
            ``(3) Provision of knowingly false information.--Paragraphs 
        (1) and (2) shall not apply with respect to a person that 
        furnishes in response to a request made under subsection (a)(1) 
        information that the person knows is false.
    ``(c) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as precluding the availability of the 
records of a pilot in an investigation or other proceeding concerning 
an accident or incident conducted by the Secretary, the National 
Transportation Safety Board, or a court.''.
            (2) Chapter analysis amendment.--The analysis for chapter 
        447 is amended by adding at the end the following:

``44724. Preemployment review of prospective pilot records.''.
            (3) Conforming amendment.--Section 30305(b) is amended by 
        redesignating paragraph (7) as paragraph (8) and by inserting 
        after paragraph (6) the following:
    ``(7) An individual who is employed or seeking employment by an air 
carrier as a pilot may request the chief driver licensing official of a 
State to provide information about the individual under subsection (a) 
of this section to the individual's prospective employer or to the 
Secretary of Transportation. Information may not be obtained from the 
Register under this paragraph if the information was entered in the 
Register more than 5 years before the request, unless the information 
is about a revocation or suspension still in effect on the date of the 
request.''.
            (4) Civil penalties.--Section 46301 is amended by inserting 
        ``44724,'' after ``44716,'' in each of subsections (a)(1)(A), 
        (a)(2)(A), (d)(2), and (f)(1)(A)(i).
            (5) Applicability.--The amendments made by this subsection 
        shall apply to an air carrier hiring an individual as a pilot 
        if the application of the individual for employment as a pilot 
        is initially received by the air carrier on or after the 120th 
        day after the date of the enactment of this Act.
    (b) Rulemaking To Establish Minimum Standards for Pilot 
Qualifications.--Not later than 18 months after the date of the 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue a notice of a proposed rulemaking to 
establish--
            (1) minimum standards and criteria for preemployment 
        screening tests measuring the biographical factors (psychomotor 
        coordination), general intellectual capacity, instrument and 
        mechanical comprehension, and physical fitness of an applicant 
        for employment as a pilot by an air carrier; and
            (2) minimum standards and criteria for pilot training 
        facilities which will be licensed by the Administrator and 
        which will assure that pilots trained at such facilities meet 
        the preemployment screening standards and criteria described in 
        paragraph (1).
    (c) Sharing Armed Services Records.--
            (1) Study.--The Administrator, in conjunction with the 
        Secretary of Defense, shall conduct a study to determine the 
        relevance and appropriateness of requiring the Secretary of 
        Defense to provide to an air carrier, upon request in 
        connection with the hiring of an individual as a pilot, records 
        of the individual concerning the individual's training, 
        qualifications, proficiency, professional competence, or terms 
        of discharge from the Armed Forces.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Administrator shall transmit to 
        Congress a report on the results of the study.
    (d) Minimum Flight Time.--
            (1) Study.--The Administrator shall conduct a study to 
        determine whether current minimum flight time requirements 
        applicable to individuals seeking employment as a pilot with an 
        air carrier are sufficient to ensure public safety.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Administrator shall transmit to 
        Congress a report on the results of the study.

SEC. 411. CHILD PILOT SAFETY.

    (a) Manipulation of Flight Controls.--
            (1) In General.--Chapter 447 is amended by adding at the 
        end the following:
``Sec. 44725. Manipulation of flight controls
    ``(a) Prohibition.--No pilot in command of an aircraft may allow an 
individual who does not hold--
            ``(1) a valid private pilots certificate issued by the 
        Administrator of the Federal Aviation Administration under part 
        61 of title 14, Code of Federal Regulations; and
            ``(2) the appropriate medical certificate issued by the 
        Administrator under part 67 of such title,
to manipulate the controls of an aircraft if the pilot knows or should 
have known that the individual is attempting to set a record or engage 
in an aeronautical competition or aeronautical feat, as defined by the 
Administrator.
    ``(b) Revocation of Airmen Certificates.--The Administrator shall 
issue an order revoking a certificate issued to an airman under section 
44703 of this title if the Administrator finds that while acting as a 
pilot in command of an aircraft, the airman has permitted another 
individual to manipulate the controls of the aircraft in violation of 
subsection (a).
    ``(c) Pilot in Command Defined.--In this section, the term `pilot 
in command' has the meaning given such term by section 1.1 of title 14, 
Code of Federal Regulations.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following:

``44725. Manipulation of flight controls.''.
    (b) Children Flying Aircraft.--
            (1) Study.--The Administrator of the Federal Aviation 
        Administration shall conduct a study of the impacts of children 
        flying aircraft.
            (2) Considerations.--In conducting the study, the 
        Administrator shall consider the effects of imposing any 
        restrictions on children flying aircraft on safety and on the 
        future of general aviation in the United States.
            (3) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Administrator shall issue a report 
        containing the results of the study, together with 
        recommendations on--
                    (A) whether the restrictions established by the 
                amendment made by subsection (a)(1) should be modified 
                or repealed; and
                    (B) whether certain individuals or groups should be 
                exempt from any age, altitude, or other restrictions 
                that the Administrator may impose by regulation.
            (4) Regulations.--As a result of the findings of the study, 
        the Administrator may issue regulations imposing age, altitude, 
        or other restrictions on children flying aircraft.

SEC. 412. DISCRETIONARY AUTHORITY FOR CRIMINAL HISTORY RECORDS CHECKS.

    (a) In General.--Section 44936(a)(1) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by striking ``(1) The Administrator'' and inserting the 
        following:
            ``(1) Employees.--
                    ``(A) Persons with access to aircraft and other 
                secured areas.--The Administrator'';
            (3) by moving the remainder of the text of subparagraph (A) 
        (as designated by paragraph (2) of this subsection), including 
        clauses (i) and (ii) (as designated by paragraph (1) of this 
        subsection), 2 ems to the right; and
            (4) by adding at the end the following:
                    ``(B) Persons responsible for screening passengers 
                and property.--
                            ``(i) In general.--The Administrator may 
                        require by regulation that an employment 
                        investigation (including a criminal history 
                        record check in cases in which the employment 
                        investigation reveals a gap in employment of 12 
                        months or more that the individual does not 
                        satisfactorily account for) be conducted for 
                        individuals who will be responsible for 
                        screening passengers and property under section 
                        44901 of this title and their supervisors.
                            ``(ii) Special rule.--If an individual 
                        requires a criminal history record check under 
                        clause (i), the individual may be employed as a 
                        screener until the check is completed if the 
                        individual is subject to supervision.''.
    (b) Conforming Amendments.--Section 44936(a)(2) is amended--
            (1) by striking ``(2) An air carrier'' and inserting the 
        following:
            ``(2) Responsibility of air carriers, foreign air carriers, 
        and airport operators.--An air carrier''; and
            (2) by moving the remainder of the text of the paragraph 2 
        ems to the right.
    (c) Applicability.--The amendment made by subsection (a)(4) shall 
not apply to an individual employed as a screener, or a supervisor of 
screeners, on the day before the date of the enactment of this Act.

SEC. 413. IMPOSITION OF FEES.

    (a) In General.--Chapter 453 is amended by adding at the end the 
following:
``Sec. 45304. Prohibition on imposition of unauthorized fees; fees for 
              services provided to certain aircraft
    ``(a) Prohibition.--Notwithstanding any other provision of law, the 
Administrator of the Federal Aviation Administration shall not impose 
any fee that is not in effect on the date of the enactment of this 
section unless the fee is expressly authorized by law.
    ``(b) Authority To Impose Fees.--
            ``(1) In general.--The Administrator is authorized to 
        establish a schedule of fees (and a collection process for such 
        fees), to be effective not later than 60 days after the date of 
        the enactment of this section, solely to recover the costs 
        incurred by the Administrator in providing air traffic control 
        services to aircraft that neither take off from nor land in the 
        United States.
            ``(2) Persons subject to fee.--Fees may be assessed under 
        paragraph (1) only on aircraft that neither take off from nor 
        land in the United States; except that such fees shall not 
        apply to foreign government aircraft.
            ``(3) Limitation on manner of collection.--Fees may be 
        assessed and collected under this subsection only in such 
        manner as may reasonably be expected to result in the 
        collection of an aggregate amount of fees during any fiscal 
        year which does not exceed the aggregate costs of the 
        Administrator for such year in providing the services referred 
        to in paragraph (1).
            ``(4) Limitation on amount of fee.--The amount of any fee 
        assessed under this subsection on any aircraft may not exceed 
        the amount which is reasonably based on the proportion of the 
        services referred to in paragraph (1) which relate to such 
        aircraft.
            ``(5) Target amount of aggregate fees.--To the extent 
        permitted by the preceding provisions of this subsection, fees 
        under the schedule referred to in paragraph (1) shall be at 
        levels that will recover not less than $30,000,000 in the first 
        year in which the fees are implemented.''.
    (b) Conforming Amendment.--The table of sections for such chapter 
is amended by adding at the end the following new item:

``45304. Prohibition on imposition of unauthorized fees; fees for 
                            services provided to certain aircraft.''.

SEC. 414. AUTHORITY TO CLOSE AIRPORT LOCATED NEAR CLOSED OR REALIGNED 
              MILITARY BASE.

    Notwithstanding any other provision of a law, rule, or grant 
assurance, an airport that is not a commercial service airport may be 
closed by its sponsor without any obligation to repay grants made under 
chapter 471 of title 49, United States Code, the Airport and Airway 
Improvement Act of 1982, or any other law if the airport is located 
within 3 miles of a military base which has been closed or realigned.

SEC. 415. CONSTRUCTION OF RUNWAYS.

    Notwithstanding section 332 of the Department of Transportation and 
Related Agencies Appropriations Act, 1996 (109 Stat. 457) or any other 
provision of law that specifically restricts the number of runways at a 
single international airport, the Secretary of Transportation may 
obligate funds under chapters 471 and 481 of title 49, United States 
Code, for any project to construct a new runway at such airport, unless 
this section is expressly repealed.

SEC. 416. GADSDEN AIR DEPOT, ALABAMA.

    (a) Authority To Grant Waivers.--Notwithstanding section 16 of the 
Federal Airport Act (as in effect on May 4, 1949), the Secretary is 
authorized, subject to the provisions of section 47153 of title 49, 
United States Code, and the provisions of subsection (b) of this 
section, to waive any of the terms contained in the deed of conveyance 
dated May 4, 1949, under which the United States conveyed certain 
property to the city of Gadsden, Alabama, for airport purposes.
    (b) Conditions.--Any waiver granted under subsection (a) shall be 
subject to the following conditions:
            (1) The city of Gadsden, Alabama, shall agree that, in 
        conveying any interest in the property which the United States 
        conveyed to the city by a deed described in subsection (a), the 
        city will receive an amount for such interest which is equal to 
        the fair market value of such interest (as determined pursuant 
        to regulations issued by the Secretary).
            (2) Any such amount so received by the city shall be used 
        by the city for the development, improvement, operation, or 
        maintenance of a public airport, lands (including any 
        improvements thereto) which produce revenues that are used for 
        airport development purposes, or both.

SEC. 417. REGULATIONS AFFECTING INTRASTATE AVIATION IN ALASKA.

    In modifying regulations contained in title 14, Code of Federal 
Regulations, in a manner affecting intrastate aviation in Alaska, the 
Administrator of the Federal Aviation Administration shall consider the 
extent to which Alaska is not served by transportation modes other than 
aviation, and shall establish such regulatory distinctions as the 
Administrator considers appropriate.

SEC. 418. WESTCHESTER COUNTY AIRPORT, NEW YORK.

    Notwithstanding sections 47107(b) and 44706(d) of title 49, United 
States Code, and any other law, regulation, or grant assurance, all 
fees received by Westchester County Airport in the State of New York 
may be paid into the treasury of Westchester County pursuant to section 
119.31 of the Westchester County Charter if the Secretary finds that 
the expenditures from such treasury for the capital and operating costs 
of the Airport after December 31, 1990, have been and will be equal to 
or greater than the fees that such treasury receives from the Airport.

SEC. 419. BEDFORD AIRPORT, PENNSYLVANIA.

    If the Administrator of the Federal Aviation Administration 
decommissions an instrument landing system in Pennsylvania, the 
Administrator shall, if feasible, transfer and install the system at 
Bedford Airport, Pennsylvania.

SEC. 420. LOCATION OF DOPPLER RADAR STATIONS, NEW YORK.

    (a) Prohibition.--No Federal funds may be used for the construction 
of a Doppler radar station at the Coast Guard station in Brooklyn, New 
York.
    (b) Construction of Offshore Platforms.--
            (1) Study.--The Administrator of the Federal Aviation 
        Administration shall conduct a study of the feasibility of 
        constructing 2 offshore platforms to serve as sites for the 
        location of Doppler radar stations for John F. Kennedy 
        International Airport and LaGuardia Airport in New York City, 
        New York.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Administrator shall transmit to 
        Congress a report on the results of the study conducted under 
        paragraph (1), including proposed locations for the offshore 
        platforms. Such locations shall be as far as possible from 
        populated areas while providing appropriate safety measures for 
        John F. Kennedy International Airport and LaGuardia Airport.
    (c) Limitation.--The Administrator shall not begin construction of 
a Doppler radar station for John F. Kennedy International Airport or 
LaGuardia Airport at any location before submitting a report under 
subsection (b).

SEC. 421. WORCESTER MUNICIPAL AIRPORT, MASSACHUSETTS.

    The Secretary of Transportation shall take such actions as may be 
necessary to improve the safety of aircraft landing at Worcester 
Municipal Airport, Massachusetts, including, if appropriate, providing 
air traffic radar service to such airport from the Providence Approach 
Radar Control in Coventry, Rhode Island.

SEC. 422. CENTRAL FLORIDA AIRPORT, SANFORD, FLORIDA.

    The Secretary of Transportation shall take such actions as may be 
necessary to improve the safety of aircraft landing at Central Florida 
Airport, Sanford, Florida, including, if appropriate, providing a new 
instrument landing system on Runway 27R.

SEC. 423. AIRCRAFT NOISE OMBUDSMAN.

    Section 106 is amended by redesignating subsection (k), as amended 
by section 103 of this Act, as subsection (l) and by inserting after 
subsection (j) the following:
    ``(k) Aircraft Noise Ombudsman.--
            ``(1) Establishment.--There shall be in the Administration 
        an Aircraft Noise Ombudsman.
            ``(2) General duties and responsibilities.--The Ombudsman 
        shall--
                    ``(A) be appointed by the Administrator;
                    ``(B) serve as a liaison with the public on issues 
                regarding aircraft noise; and
                    ``(C) be consulted when the Administration proposes 
                changes in aircraft routes so as to minimize any 
                increases in aircraft noise over populated areas.''.

SEC. 424. SPECIAL RULE FOR PRIVATELY OWNED RELIEVER AIRPORTS.

    Section 47109 is amended by adding at the end the following:
    ``(c) Special Rule for Privately Owned Reliever Airports.--If a 
privately owned reliever airport contributes any lands, easements, or 
rights-of-way to carry out a project under this subchapter, the current 
fair market value of such lands, easements, or rights-of-way shall be 
credited toward the non-Federal share of allowable project costs.''.

    TITLE V--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES

SEC. 501. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES.

    (a) Extension of Expenditure Authority.--Paragraph (1) of section 
9502(d) of the Internal Revenue Code of 1986 is amended by striking 
``October 1, 1996'' and inserting ``October 1, 1999''.
    (b) Extension of Trust Fund Purposes.--Subparagraph (A) of section 
9502(d)(1) of such Code is amended by inserting before the semicolon at 
the end ``or the Federal Aviation Authorization Act of 1996''.

 TITLE VI--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND 
                              DEVELOPMENT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``FAA Research, Engineering, and 
Development Management Reform Act of 1996''.

SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

    Section 48102(a) is amended--
            (1) by striking ``and'' at the end of paragraph (1)(J);
            (2) by striking the period at the end of paragraph (2)(J) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) for fiscal year 1997--
                    ``(A) $10,000,000 for system development and 
                infrastructure projects and activities;
                    ``(B) $39,911,000 for capacity and air traffic 
                management technology projects and activities;
                    ``(C) $20,371,000 for communications, navigation, 
                and surveillance projects and activities;
                    ``(D) $6,411,000 for weather projects and 
                activities;
                    ``(E) $6,000,000 for airport technology projects 
                and activities;
                    ``(F) $37,978,000 for aircraft safety technology 
                projects and activities;
                    ``(G) $36,045,000 for system security technology 
                projects and activities;
                    ``(H) $23,682,000 for human factors and aviation 
                medicine projects and activities;
                    ``(I) $3,800,000 for environment and energy 
                projects and activities; and
                    ``(J) $1,500,000 for innovative/cooperative 
                research projects and activities.''.

SEC. 603. RESEARCH PRIORITIES.

    Section 48102(b) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by striking ``Availability for Research.--(1)'' and 
        inserting in lieu thereof ``Research Priorities.--(1) The 
        Administrator shall consider the advice and recommendations of 
        the research advisory committee established by section 44508 of 
        this title in establishing priorities among major categories of 
        research and development activities carried out by the Federal 
        Aviation Administration.
    ``(2)''.

SEC. 604. RESEARCH ADVISORY COMMITTEE.

    Section 44508(a)(1) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting in lieu thereof ``; and''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
            ``(D) annually review the allocation made by the 
        Administrator of the amounts authorized by section 48102(a) of 
        this title among the major categories of research and 
        development activities carried out by the Administration and 
        provide advice and recommendations to the Administrator on 
        whether such allocation is appropriate to meet the needs and 
        objectives identified under subparagraph (A).''.

SEC. 605. NATIONAL AVIATION RESEARCH PLAN.

    Section 44501(c) is amended--
            (1) in paragraph (2)(A) by striking ``15-year'' and 
        inserting in lieu thereof ``5-year'';
            (2) by amending subparagraph (B) to read as follows:
    ``(B) The plan shall--
            ``(i) provide estimates by year of the schedule, cost, and 
        work force levels for each active and planned major research 
        and development project under sections 40119, 44504, 44505, 
        44507, 44509, 44511-44513, and 44912 of this title, including 
        activities carried out under cooperative agreements with other 
        Federal departments and agencies;
            ``(ii) specify the goals and the priorities for allocation 
        of resources among the major categories of research and 
        development activities, including the rationale for the 
        priorities identified;
            ``(iii) identify the allocation of resources among long-
        term research, near-term research, and development activities; 
        and
            ``(iv) highlight the research and development activities 
        that address specific recommendations of the research advisory 
        committee established under section 44508 of this title, and 
        document the recommendations of the committee that are not 
        accepted, specifying the reasons for nonacceptance.''; and
            (3) in paragraph (3) by inserting ``, including a 
        description of the dissemination to the private sector of 
        research results and a description of any new technologies 
        developed'' after ``during the prior fiscal year''.

            Passed the House of Representatives September 11, 1996.

            Attest:

                                                                 Clerk.
```