Calendar No. 588

104TH CONGRESS

2D SESSION H. R. 3539

AN ACT

To amend title 49, United States Code, to reauistration, and for other purposes. thorize programs of the Federal Aviation AdminSEPTEMBER 12, 1996

Received; read twice and placed on the calendar
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Calendar No. 588

104TH CONGRESS

2D SESSION H. R. 3539

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 12, 1996

Received; read twice and placed on the calendar

AN ACT

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

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

4 (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.
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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.

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

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion of law, the reference shall be considered to be made

6 to a section or other provision of title 49, United States

7 Code.

8 SEC. 3. APPLICABILITY.

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

10 provided, this Act and the amendments made by this Act

11 shall apply only to fiscal years beginning after September

12 30, 1996.

13 (b) LIMITATION ON STATUTORY CONSTRUCTION.—

14 Nothing in this Act or any amendment made by this Act
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1 shall be construed as affecting funds made available for

2 a fiscal year ending before October 1, 1996.

3 TITLE I—REAUTHORIZATION OF

4 FAA PROGRAMS

5 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

7 48103 is amended—

8 (1) by striking ‘‘September 30, 1981’’ and in9 serting ‘‘September 30, 1996’’; and

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

11 follows through the period at the end and inserting

12 the following: ‘‘$2,280,000,000 for fiscal years end13 ing before October 1, 1997, $4,627,000,000 for fis14 cal years ending before October 1, 1998, and

15 $7,039,000,000 for fiscal years ending before Octo16 ber 1, 1999.’’.

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

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

19 SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

21 48101(a) is amended by striking paragraphs (1) through

22 (4) and inserting the following:

23 ‘‘(1) $2,068,000,000 for fiscal year 1997.

24 ‘‘(2) $2,129,000,000 for fiscal year 1998.

25 ‘‘(3) $2,191,000,000 for fiscal year 1999.’’.
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1 (b) CLERICAL AMENDMENTS.—Chapter 481 is

2 amended—

3 (1) by striking the heading for section 48101

4 and inserting the following:

5 ‘‘§ 48101. Air navigation facilities and equipment’’; and

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

7 relating to section 48101 and inserting the follow8 ing:

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

9 SEC. 103. OPERATIONS OF FAA.

10 (a) AUTHORIZATION OF APPROPRIATIONS FROM

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

12 ‘‘$4,088,000,000’’ and all that follows through the period

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

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

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

16 (b) AUTHORIZATION OF APPROPRIATIONS FROM

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

18 (1) in the subsection heading by striking

19 ‘‘1996’’ and inserting ‘‘1999’’; and

20 (2) by striking ‘‘1994, 1995, and 1996’’ and in21 serting ‘‘1994 through 1999’’.

22 (c) LIMITATION ON OBLIGATING OR EXPENDING

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

24 ‘‘1996’’ and inserting ‘‘1999’’.
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1 (d) CLERICAL AMENDMENTS.—Chapter 481 is

2 amended—

3 (1) by striking the heading for section 48104

4 and inserting the following:

5 ‘‘§ 48104. Operations and maintenance’’; and

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

7 striking the item relating to section 48104 and in8 serting the following:

‘‘48104. Operations and maintenance.’’.

9 TITLE II—AIRPORT

10 DEVELOPMENT FINANCING

11 SEC. 201. APPORTIONMENTS.

12 (a) AMOUNTS APPORTIONED TO SPONSORS.—

13 (1) PRIMARY AIRPORTS.—Section

14 47114(c)(1)(A) is amended—

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

16 (iii);

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

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

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

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

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

22 ‘‘(v) $.50 for each additional passenger board23 ing at the airport during the prior calendar year.’’.
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1 (2) CARGO ONLY AIRPORTS.—Section

2 47114(c)(2) of such title is amended to read as fol3 lows:

4 ‘‘(2) CARGO ONLY AIRPORTS.—

5 ‘‘(A) APPORTIONMENT.—Subject to sub6 paragraph (D), the Secretary shall apportion an

7 amount equal to 2.5 percent of the amount sub8 ject to apportionment each fiscal year to the

9 sponsors of airports served by aircraft providing

10 air transportation of only cargo with a total an11 nual landed weight of more than 100,000,000

12 pounds.

13 ‘‘(B) SUBALLOCATION FORMULA.—Any

14 funds apportioned under subparagraph (A) to

15 sponsors of airports described in subparagraph

16 (A) shall be allocated among those airports in

17 the proportion that the total annual landed

18 weight of aircraft described in subparagraph

19 (A) landing at each of those airports bears to

20 the total annual landed weight of those aircraft

21 landing at all those airports.

22 ‘‘(C) LIMITATION.—Not more than 8 per23 cent of the amount apportioned under subpara24 graph (A) may be apportioned for any one air25 port.
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1 ‘‘(D) DISTRIBUTION TO OTHER AIR2 PORTS.—Before apportioning amounts to the

3 sponsors of airports under subparagraph (A)

4 for a fiscal year, the Secretary may set-aside a

5 portion of such amounts for distribution to the

6 sponsors of other airports, selected by the Sec7 retary, that the Secretary finds will be served

8 primarily by aircraft providing air transpor9 tation of only cargo.

10 ‘‘(E) DETERMINATION OF LANDED

11 WEIGHT.—Landed weight under this paragraph

12 is the landed weight of aircraft landing at each

13 airport described in subparagraph (A) during

14 the prior calendar year.’’.

15 (3) REPEAL OF LIMITATION.—Section

16 47114(c)(3) is repealed.

17 (b) AMOUNTS APPORTIONED TO STATES.—Section

18 47114(d)(2) of such title is amended—

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

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

21 inserting ‘‘0.66’’;

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

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

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

25 striking ‘‘except’’ the second place it appears and all
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1 that follows through ‘‘title,’’ and inserting ‘‘exclud2 ing primary airports but including reliever and non3 primary commercial service airports,’’.

4 SEC. 202. DISCRETIONARY FUND.

5 Section 47115 is amended by striking the second sub6 section (f), relating to minimum amounts to be credited,

7 and inserting the following:

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

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

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

11 available under section 48103 of this title, an

12 amount that is at least equal to the sum of—

13 ‘‘(A) $50,000,000; plus

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

15 fund to carry out in the fiscal year letters of in16 tent issued before January 1, 1996, under sec17 tion 47110(e) of this title or the Airport and

18 Airway Improvement Act of 1982.

19 The amount credited is exclusive of amounts that

20 have been apportioned in a prior fiscal year under

21 section 47114 of this title and that remain available

22 for obligation.

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

24 fiscal year in which the amount credited under sub25 section (a) is less than the minimum amount to be
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1 credited under paragraph (1), the total amount cal2 culated under paragraph (3) shall be reduced by an

3 amount that, when credited to the fund, together

4 with the amount credited under subsection (a),

5 equals such minimum amount.

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

7 year, the total amount available to make a reduction

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

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

10 47114(c)(2), 47114(d), and 47117(e) of this title.

11 Each amount shall be reduced by an equal percent12 age to achieve the reduction.

13 ‘‘(h) ALLOCATION OF AMOUNTS EXCEEDING LETTER

14 OF INTENT REQUIREMENTS.—Of the amount credited to

15 the fund for a fiscal year which exceeds the total amount

16 required from the fund to carry out in the fiscal year let17 ters of intent issued before January 1, 1996, under section

18 47110(e) of this title or the Airport and Airway Improve19 ment Act of 1982—

20 ‘‘(1) not less that 15 percent shall be used for

21 system planning and for making grants to airports

22 that are not commercial service airports; and

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

24 making grants to commercial service airports that
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1 each year have less than .25 percent of the total

2 passenger boardings in the United States.’’.

3 SEC. 203. USE OF APPORTIONED AMOUNTS.

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

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

6 first sentence the following: ‘‘or the 3 fiscal years imme7 diately following that year in the case of a primary airport

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

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

10 (b) SPECIAL APPORTIONMENT CATEGORIES.—Sec11 tion 47117(e)(1) is amended—

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

13 48103’’ and inserting ‘‘available to the discretionary

14 fund under section 47115’’;

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

16 (D);

17 (3) by redesignating subparagraphs (B) and

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

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

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

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

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

23 may count the amount of grants made for such plan24 ning and programs with funds apportioned under

25 section 47114 in that fiscal year in determining
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1 whether or not such 31 percent requirement is being

2 met in that fiscal year.’’;

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

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

5 ‘‘1996,’’ and inserting ‘‘At least 4 percent for each

6 fiscal year thereafter’’; and

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

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

9 ‘‘and to sponsors of noncommercial service airports

10 for grants for operational and maintenance expenses

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

12 the sponsor of the airport does not exceed $30,000

13 in that fiscal year, if the Secretary determines that

14 the airport is adversely affected by the closure or re15 alignment of a military base, and if the sponsor of

16 the airport certifies that the airport would otherwise

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

18 SEC. 204. DESIGNATING CURRENT AND FORMER MILITARY

19 AIRPORTS.

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

21 amended—

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

23 (2) by inserting after the first sentence the fol24 lowing: ‘‘The maximum number of airports which
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1 may be designated by the Secretary under this sec2 tion at any time is 10.’’; and

3 (3) by striking ‘‘reduce delays’’ and all that fol4 lows through ‘‘landings’’ and inserting the following:

5 ‘‘enhance airport and air traffic control system ca6 pacity in major metropolitan areas and reduce cur7 rent or projected flight delays’’.

8 (b) SURVEY AND CONSIDERATIONS.—Section 47118

9 is amended—

10 (1) in subsections (a) and (d) by striking ‘‘sec11 tion 47117(e)(1)(E)’’ and inserting ‘‘section

12 47117(e)(1)(B)’’; and

13 (2) by striking subsections (b) and (c) and re14 designating subsections (d), (e), and (f) as sub15 sections (b), (c), and (d), respectively.

16 (c) PARKING LOTS, FUEL FARMS, UTILITIES, AND

17 HANGARS.—Subsection (d) of section 47118, as redesig18 nated by subsection (b) of this section, is amended—

19 (1) in the heading by striking ‘‘AND UTILITIES’’

20 and inserting ‘‘UTILITIES, AND HANGARS’’;

21 (2) by striking ‘‘for the fiscal years ending Sep22 tember 30, 1993–1996,’’ and inserting ‘‘for fiscal

23 years beginning after September 30, 1992,’’; and

24 (3) by striking ‘‘and utilities’’ and inserting

25 ‘‘utilities, and hangars’’.
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1 SEC. 205. NATIONAL CIVIL AVIATION REVIEW COMMISSION.

2 (a) ESTABLISHMENT.—There is established a com3 mission to be known as the National Civil Aviation Review

4 Commission (hereinafter in this section referred to as the

5 ‘‘Commission’’).

6 (b) FUNCTIONS.—In order to provide Federal policy7 makers with objective information and recommendations

8 concerning the future of civil aviation in the 21st century,

9 the Commission shall conduct a comprehensive review of

10 aviation safety oversight, airport capital needs, and the

11 long-term capital and operating funding requirements of

12 the Federal Aviation Administration. Matters to be stud13 ied by the Commission shall include, but not be limited

14 to, the following:

15 (1) A review of the overall condition of aviation

16 safety in the United States and emerging trends in

17 the safety of particular sectors of the aviation indus18 try. This review shall include a review of—

19 (A) the extent to which the dual mission of

20 the Administration to promote and regulate

21 civil aviation may undermine aviation safety;

22 (B) the adequacy of staffing and training

23 resources for safety personnel of the Adminis24 tration, including safety inspectors; and

25 (C) the Administration’s processes for en26 suring the public safety from fraudulent parts
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1 in civil aviation and the extent to which use of

2 suspected unapproved parts requires additional

3 oversight or enforcement action.

4 (2) A review of current and projected airport

5 capital development needs and an assessment of var6 ious financing mechanisms to meet these needs by

7 type and size of airport. This review shall include a

8 review of—

9 (A) alternate financing mechanisms for

10 airports, including the airport improvement pro11 gram, passenger facility charges, tax-exempt

12 bonds, State and local assistance, airport pri13 vatization, infrastructure banks, government14 sponsored enterprises, and leveraging of Fed15 eral airport financing that takes into consider16 ation the special needs of nonhub airports and

17 general aviation airports; and

18 (B) the effect of alternate funding levels of

19 the Federal Aviation Administration airport im20 provement program, ranging from elimination

21 of funding to full funding of airport develop22 ment requirements.

23 (3) A review of the Administration’s current

24 and projected financial requirements, alternate

25 methods of financing those requirements in the fu-
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1 ture, and recommendations on an overall long-range

2 financial plan for the Administration which would

3 provide for future growth in the Nation’s air traffic

4 system while improving the management and per5 formance of the system and providing for continued

6 safety improvements. Such financing methods in7 clude loan guarantees, financial partnerships with

8 for-profit private sector entities, multiyear appro9 priations, revolving loan funds, mandatory spending

10 authority, authority to borrow, restructured grant

11 programs, aviation taxes, and user fees.

12 (4) A review of the air transportation needs of

13 rural communities, an assessment of the ability of

14 various financing mechanisms to fund programs de15 signed to meet those needs, and an evaluation and

16 recommendation concerning innovative financing

17 mechanisms designed to meet those needs.

18 (c) MEMBERSHIP.—The Commission shall be com19 posed of 13 members, appointed from persons knowledge20 able about civil aviation in the United States and who are

21 specifically qualified by training and experience to perform

22 the duties of the Commission, as follows:

23 (1) 3 members appointed by the Secretary of

24 Transportation, in consultation with the Secretary of

25 the Treasury.
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1 (2) 10 members appointed by Congress as fol2 lows:

3 (A) 1 member appointed by each of the

4 chairman and ranking minority member of the

5 Committee on Transportation and Infrastruc6 ture of the House of Representatives.

7 (B) 1 member appointed by each of the

8 chairman and ranking minority member of the

9 Committee on Appropriations of the House of

10 Representatives.

11 (C) 1 member appointed by each of the

12 chairman and ranking minority member of the

13 Committee on Commerce, Science, and Trans14 portation of the Senate.

15 (D) 1 member appointed by each of the

16 chairman and ranking minority member of the

17 Committee on Appropriations of the Senate.

18 (E) 1 member appointed by each of the

19 chairman and ranking minority member of the

20 Committee on Ways and Means of the House of

21 Representatives.

22 (d) RESTRICTION ON APPOINTMENT OF CURRENT

23 AVIATION EMPLOYEES.—A member appointed under sub24 section (c)(1) may not be an employee of an airline, air-
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1 port, aviation union, or aviation trade association at the

2 time of appointment or while serving on the Commission.

3 (e) TIMING OF APPOINTMENTS.—The appointing au4 thorities shall make their appointments to the Commission

5 not later than 30 days after the date of the enactment

6 of this Act.

7 (f) CHAIRMAN.—In consultation with the Secretary

8 of Transportation, the Speaker of the House of Represent9 atives and the Majority Leader of the Senate shall des10 ignate a chairman and vice chairman from among the

11 members of the Commission not later than 30 days after

12 appointment of the last member to the Commission.

13 (g) PERIOD OF APPOINTMENT AND VACANCIES.—

14 Members shall be appointed for the life of the Commission,

15 and any vacancy on the Commission shall not affect its

16 powers but shall be filled in the same manner, and by the

17 same appointing authority, as the original appointment.

18 (h) QUORUM.—A majority of the members of the

19 Commission shall constitute a quorum to conduct busi20 ness, but the Commission may establish a lesser number

21 for conducting hearings scheduled by the Commission.

22 (i) POWERS OF THE COMMISSION.—

23 (1) HEARINGS.—The Commission may hold

24 such hearings, sit and act at such times and places,

25 administer such oaths, take such testimony, and re-
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1 ceive such evidence as the Commission considers ad2 visable to carry out its duties.

3 (2) INFORMATION FROM FEDERAL AGENCIES.—

4 The Commission may secure directly from any Fed5 eral department or agency such information or docu6 ments as the Commission considers necessary to

7 carry out its duties, unless the head of such depart8 ment or agency advises the chairman of the Com9 mission, in writing, that such information is con10 fidential and that its release to the Commission

11 would jeopardize aviation safety, the national secu12 rity, or pending criminal investigations.

13 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

14 Any Federal Government employee may be detailed

15 to the Commission without reimbursement, and such

16 detail shall be without interruption or loss of civil

17 service status or privilege.

18 (4) TRAVEL AND PER DIEM.—Members and

19 staff of the Commission shall be paid travel ex20 penses, including per diem in lieu of subsistence,

21 when away from his or her usual place of residence,

22 in accordance with section 5703 of title 5, United

23 States Code.

24 (j) INDEPENDENT AUDIT.—
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1 (1) CONTRACTS.—Immediately following the

2 designation of the chairman of the Commission, the

3 Commission shall contract with an entity independ4 ent of the Federal Aviation Administration and the

5 Department of Transportation to conduct a complete

6 audit of the financial requirements of the Adminis7 tration, considering anticipated air traffic forecasts,

8 other workload measures, and estimated productivity

9 gains which lead to budgetary requirements.

10 (2) DEADLINE.—The independent audit shall

11 be completed no later than 180 days after the date

12 of the contract award and shall be submitted to the

13 Commission.

14 (k) FINAL REPORT.—Not later than 1 year after the

15 date of the appointment of the last member to the Com16 mission under subsection (c), the Commission shall submit

17 to Congress and the Administrator a final report on the

18 findings of the Commission with corresponding rec19 ommendations. Included with this report shall be the inde20 pendent audit required under subsection (j).

21 (l) AUTHORIZATION OF APPROPRIATIONS.—There is

22 hereby authorized to be appropriated $2,400,000 for ac23 tivities of the Commission, including the independent

24 audit under subsection (j), to remain available until ex25 pended.
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1 (m) GAO ASSESSMENT.—Not later than 180 days

2 after the date of the enactment of this Act, the Comptrol3 ler General shall transmit to the Commission and Con4 gress an independent assessment of airport development

5 needs.

6 SEC. 206. INNOVATIVE FINANCING TECHNIQUES.

7 (a) IN GENERAL.—The Secretary of Transportation

8 is authorized to carry out a demonstration program under

9 which the Secretary may approve applications under sub10 chapter I of chapter 471 of title 49, United States Code,

11 for not more than 10 projects for which grants received

12 under such subchapter may be used to implement innova13 tive financing techniques.

14 (b) PURPOSE.—The purpose of the demonstration

15 program shall be to provide information on the use of in16 novative financing techniques for airport development

17 projects to the Congress and the National Civil Aviation

18 Review Commission established by section 205 of this Act.

19 (c) LIMITATION.—In no case shall the implementa20 tion of an innovative financing technique under the dem21 onstration program result in a direct or indirect guarantee

22 of any airport debt instrument by the Federal Govern23 ment.
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1 (d) INNOVATIVE FINANCING TECHNIQUE DE2 FINED.—In this section, the term ‘‘innovative financing

3 technique’’ shall be limited to the following:

4 (1) Payment of interest.

5 (2) Commercial bond insurance and other credit

6 enhancement associated with airport bonds for eligi7 ble airport development.

8 (3) Flexible non-Federal matching require9 ments.

10 (e) EXPIRATION OF AUTHORITY.—The authority of

11 the Secretary to carry out the demonstration program

12 shall expire on September 30, 1999.

13 TITLE III—AIRPORT IMPROVE14 MENT PROGRAM MODIFICA15 TIONS

16 SEC. 301. INTERMODAL PLANNING.

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

18 as follows:

19 ‘‘(g) INTERMODAL PLANNING.—To carry out the pol20 icy of subsection (a)(5) of this section, the Secretary of

21 Transportation shall take each of the following actions:

22 ‘‘(1) COORDINATION IN DEVELOPMENT OF AIR23 PORT PLANS AND PROGRAMS.—Cooperate with State

24 and local officials in developing airport plans and

25 programs that are based on overall transportation
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1 needs. The airport plans and programs shall be de2 veloped in coordination with other transportation

3 planning and considering comprehensive long-range

4 land-use plans and overall social, economic, environ5 mental, system performance, and energy conserva6 tion objectives. The process of developing airport

7 plans and programs shall be continuing, cooperative,

8 and comprehensive to the degree appropriate to the

9 complexity of the transportation problems.

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

11 PLANS.—Encourage airport sponsors and State and

12 local officials to develop airport master plans and

13 airport system plans that—

14 ‘‘(A) foster effective coordination between

15 aviation planning and metropolitan planning;

16 ‘‘(B) include an evaluation of aviation

17 needs within the context of multimodal plan18 ning; and

19 ‘‘(C) are integrated with metropolitan

20 plans to ensure that airport development pro21 posals include adequate consideration of land

22 use and ground transportation access.

23 ‘‘(3) REPRESENTATION OF AIRPORT OPERA24 TORS ON MPO’S.—Encourage metropolitan planning

25 organizations, particularly in areas with populations
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1 greater than 200,000, to establish membership posi2 tions for airport operators.’’.

3 (b) REQUIREMENTS FOR PROJECT GRANT APPLICA4 TIONS.—Section 47106(a) is amended—

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

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

7 paragraph (1);

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

9 (4);

10 (3) by striking the period at the end of para11 graph (5) and inserting ‘‘; and’’; and

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

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

14 of an airport, the sponsor has—

15 ‘‘(A) provided the metropolitan planning

16 organization authorized to conduct metropolitan

17 planning for the area in which the airport is to

18 be located with not less than 30 days (i) to re19 view the airport master plan or the airport lay20 out plan in which the project is described and

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

22 plans to the sponsor; and

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

24 to the Secretary the sponsor’s written responses
25

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1 to any comments made by the metropolitan

2 planning organization.’’.

3 SEC. 302. COMPLIANCE WITH FEDERAL MANDATES.

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

5 amended—

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

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

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

9 by a grant under this subchapter and’’.

10 (b) USE OF PASSENGER FACILITY CHARGES.—Sec11 tion 40117(a)(3) is amended by striking subparagraph

12 (F).

13 SEC. 303. RUNWAY MAINTENANCE PROGRAM.

14 (a) AUTHORITY.—Section 47105 is amended by add15 ing at the end the following:

16 ‘‘(g) RUNWAY MAINTENANCE PROGRAM.—The Sec17 retary may carry out a pilot program in each of fiscal

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

19 may approve applications under this subchapter for not

20 more than 10 projects in each of such fiscal years to pre21 serve and extend the useful life of runways and taxiways

22 at any airport for which an amount is apportioned under

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

3 the following:

4 ‘‘(H) preserving and extending the useful

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

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

9 Section 47107(a) is amended—

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

11 (18);

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

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

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

16 to the maximum extent practicable, intercity buses

17 to have access to the airport.’’.

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

20 (a) COST REIMBURSEMENT.—Section

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

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

23 with amounts apportioned under paragraphs (1) and

24 (2) of section 47114(c) of this title and if the cost

25 is incurred—
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1 ‘‘(i) after September 30, 1996;

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

3 for the project; and

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

5 plan approved by the Secretary and with all

6 statutory and administrative requirements that

7 would have been applicable to the project if the

8 project had been carried out after the grant

9 agreement had been executed;’’.

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

11 is amended by adding at the end the following:

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

13 which cost reimbursement is provided under subsection

14 (b)(2)(C) shall not receive priority consideration with re15 spect to the use of discretionary funds made available

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

17 available under paragraphs (1) and (2) of section

18 47114(c) are not sufficient to cover the Government’s

19 share of the cost of project.’’.

20 SEC. 306. ISSUANCE OF LETTERS OF INTENT.

21 Section 47110(e) is amended—

22 (1) by redesignating paragraph (6) as para23 graph (9); and

24 (2) by inserting after paragraph (5) the follow25 ing:
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1 ‘‘(6) COST-BENEFIT REGULATIONS.—The Sec2 retary shall issue regulations to require a cost-bene3 fit analysis for any letter of intent to be issued

4 under paragraph (1) for a project at an airport that

5 each year has more than .25 percent of the total

6 passenger boardings in the United States. Until the

7 date on which such regulations take effect, the Sec8 retary may not issue a letter of intent under para9 graph (1) for any project that is not yet under con10 struction and that is to be carried out at an airport

11 described in the preceding sentence.

12 ‘‘(7) FINANCING PLANS.—The Secretary shall

13 require airport sponsors to provide, as part of any

14 request for a letter of intent for a project under

15 paragraph (1), specific details on the proposed fi16 nancing plan for the project.

17 ‘‘(8) CONSIDERATION.—The Secretary shall

18 consider the effect of a project on overall national

19 air transportation policy when reviewing requests for

20 letters of intent under paragraph (1).’’.

21 SEC. 307. SELECTION OF PROJECTS FOR GRANTS FROM

22 DISCRETIONARY FUND.

23 Section 47115(d) is amended—

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

25 (2);
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1 (2) by striking the period at the end of para2 graph (3) and inserting a semicolon; and

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

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

5 project;

6 ‘‘(5) the projected growth in the number of pas7 sengers that will be using the airport at which the

8 project will be carried out; and

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

10 boardings in the preceding 12-month period at the

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

12 priority consideration to be given to projects at air13 ports at which the number of passenger boardings

14 increased by at least 20 percent as compared to the

15 number of passenger boardings in the 12-month pe16 riod preceding such period.’’.

17 SEC. 308. SMALL AIRPORT FUND.

18 Section 47116 is amended by adding at the end the

19 following:

20 ‘‘(d) PRIORITY CONSIDERATION FOR CERTAIN

21 PROJECTS.—In making grants to sponsors described in

22 subsection (b)(2), the Secretary shall give priority consid23 eration to multi-year projects for construction of new run24 ways that the Secretary finds are cost beneficial and would

25 increase capacity in a region of the United States.’’.
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1 SEC. 309. STATE BLOCK GRANT PROGRAM.

2 (a) PARTICIPATING STATES.—Section 47128 is

3 amended—

4 (1) in subsection (a) by striking ‘‘7’’ and insert5 ing ‘‘10’’;

6 (2) in subsection (b)(1)—

7 (A) by striking ‘‘(1)’’; and

8 (B) by redesignating subparagraphs (A)

9 through (E) as paragraphs (1) through (5), re10 spectively; and

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

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

13 47128(c) is amended—

14 (1) by striking ‘‘(b)(1)(B) or (C)’’ and inserting

15 ‘‘(b)(2) or (b)(3)’’; and

16 (2) by adding at the end the following: ‘‘In car17 rying out this subsection, the Secretary shall permit

18 a State to use the priority system of the State if

19 such system is not inconsistent with the national pri20 ority system.’’.

21 (c) REPEAL OF EXPIRATION DATE.—

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

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

24 heading;

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

26 and
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1 (C) by striking subsection (d).

2 (2) CONFORMING AMENDMENT.—The table of

3 sections for chapter 471 is amended by striking the

4 item relating to section 47128 and inserting the fol5 lowing:

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

6 SEC. 310. PRIVATE OWNERSHIP OF AIRPORTS.

7 (a) ESTABLISHMENT OF PROGRAM.—

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

9 is amended by adding at the end the following:

10 ‘‘§ 47132. Private ownership of airports

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

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

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

14 and purchaser or lessee may apply to the Secretary of

15 Transportation for exemptions under this section.

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

17 may approve, with respect to not more than 6 airports,

18 applications submitted under subsection (a) granting ex19 emptions from the following provisions:

20 ‘‘(1) USE OF REVENUES.—

21 ‘‘(A) IN GENERAL.—The Secretary may

22 grant an exemption to a sponsor from the pro23 visions of sections 44706(d) and 47107(b) of

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

25 grant assurance) to the extent necessary to per-
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1 mit the sponsor to recover from the sale or

2 lease of the airport such amount as may be ap3 proved—

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

5 carriers serving the airport; and

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

7 whose aircraft landing at the airport dur8 ing the preceding calendar year had a total

9 landed weight during the preceding cal10 endar year of at least 60 percent of the

11 total landed weight of all aircraft landing

12 at the airport during such year.

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

14 paragraph, the term ‘landed weight’ means the

15 weight of aircraft transporting passengers or

16 cargo, or both, in intrastate, interstate, and for17 eign air transportation, as the Secretary deter18 mines under regulations the Secretary pre19 scribes.

20 ‘‘(2) REPAYMENT REQUIREMENTS.—The Sec21 retary may grant an exemption to a sponsor from

22 the provisions of sections 47107 and 47152 of this

23 title (and any other law, regulation, or grant assur24 ance) to the extent necessary to waive any obligation

25 of the sponsor to repay to the Federal Government
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1 any grants, or to return to the Federal Government

2 any property, received by the airport under this title,

3 the Airport and Airway Improvement Act of 1982,

4 or any other law.

5 ‘‘(3) COMPENSATION FROM AIRPORT OPER6 ATIONS.—The Secretary may grant an exemption to

7 a purchaser or lessee from the provisions of sections

8 44706(d) and 47107(b) of this title (and any other

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

10 necessary to permit the purchaser or lessee to earn

11 compensation from the operations of the airport.

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

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

14 Secretary finds that the sale or lease agreement includes

15 provisions satisfactory to the Secretary to ensure the fol16 lowing:

17 ‘‘(1) The airport will continue to be available

18 for public use on reasonable terms and conditions

19 and without unjust discrimination.

20 ‘‘(2) The operation of the airport will not be in21 terrupted in the event that the purchaser or lessee

22 becomes insolvent or seeks or becomes subject to any

23 State or Federal bankruptcy, reorganization, insol24 vency, liquidation, or dissolution proceeding or any

25 petition or similar law seeking the dissolution or re-
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1 organization of the purchaser or lessee or the ap2 pointment of a receiver, trustee, custodian, or liq3 uidator for the purchaser or lessee or a substantial

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

5 business.

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

7 improve the facilities of the airport and will submit

8 to the Secretary a plan for carrying out such main9 tenance and improvements.

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

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

12 lease of the airport will not increase faster than the

13 rate of inflation unless a higher amount is ap14 proved—

15 ‘‘(A) by at least 60 percent of the air car16 riers serving the airport; and

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

18 whose aircraft landing at the airport during the

19 preceding calendar year had a total landed

20 weight during the preceding calendar year of at

21 least 60 percent of the total landed weight of all

22 aircraft landing at the airport during such year.

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

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

3 extent as at a public airport.

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

5 from airport operations will be mitigated to the same

6 extent as at a public airport.

7 ‘‘(8) Any collective bargaining agreement that

8 covers employees of the airport and is in effect on

9 the date of the sale or lease of the airport will not

10 be abrogated by the sale or lease.

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

12 Secretary approves under subsection (b) applications with

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

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

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

16 SERVICE CHARGES.—Notwithstanding that the sponsor of

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

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

19 from—

20 ‘‘(1) imposing a passenger facility fee under

21 section 40117 of this title;

22 ‘‘(2) receiving apportionments under section

23 47114 of this title; or
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1 ‘‘(3) collecting reasonable rental charges, land2 ing fees, and other service charges from aircraft op3 erators under section 40116(e)(2) of this title.

4 ‘‘(f) EFFECTIVENESS OF EXEMPTIONS.—An exemp5 tion granted under subsection (b) shall continue in effect

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

7 used for airport purposes.

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

9 may revoke an exemption issued to a purchaser or lessee

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

11 the purchaser or lessee with notice and an opportunity to

12 be heard, the Secretary determines that the purchaser or

13 lessee has knowingly violated any of the terms specified

14 in subsection (c) for the sale or lease of the airport.

15 ‘‘(h) NONAPPLICATION OF PROVISIONS TO AIRPORTS

16 OWNED BY PUBLIC AGENCIES.—The provisions of this

17 section requiring the approval of air carriers in determina18 tions concerning the use of revenues, and imposition of

19 fees, at an airport shall not be extended so as to apply

20 to any airport owned by a public agency that is not partici21 pating in the program established by this section.’’.

22 (2) CONFORMING AMENDMENT.—The table of

23 sections for such chapter is further amended by add24 ing at the end the following:

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

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

2 State, a’’; and

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

5 an airport under section 47132 of this title’’.

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

8 is amended by adding at the end the following:

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

11 imposed by an airport receiving an exemption under

12 section 47132 of this title, the Secretary shall con13 sider whether the airport has complied with section

14 47132(c)(4).’’.

15 SEC. 311. USE OF NOISE SET-ASIDE FUNDS BY NON-AIR16 PORT SPONSORS.

17 Section 47505 is amended—

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

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

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

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

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

2 grant under this subsection to a State or unit of

3 local government that is not the owner or operator

4 of the airport for preparation of an airport land use

5 compatibility plan or implementation of an airport

6 land use compatibility project.

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

9 preparation of an airport land use compatibility

10 plan, the State or unit of local government must

11 have authority to plan and adopt land use control

12 measures, including zoning, in the planning area.

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

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

17 prepared by a State or unit of local government

18 under this subsection may not duplicate or be

19 inconsistent with an airport noise compatibility

20 program prepared by an airport operator under

21 this chapter or with other planning carried out

22 by the airport operator.

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

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

2 compatibility plan shall consult with the owner

3 or operator of the airport for which the plan is

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

6 in the plan and any aviation data on which such

7 recommendation is made.

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

10 to a State or unit of local government under this

11 subsection for preparation of an airport land use

12 compatibility plan or implementation of an airport

13 land use compatibility project only after receiving

14 the approval of the owner or operator of the airport

15 for which the plan or project is being prepared or

16 implemented. Such approval shall be based on

17 whether the plan or program, including the use of

18 any noise exposure contours on which the plan or

19 project is based, has been coordinated with the air20 port and is consistent with the airport’s operations

21 and planning.

22 ‘‘(5) WRITTEN ASSURANCES.—The Secretary

23 may make a grant to a State or unit of local govern24 ment under this subsection only after receiving from

25 the State or unit of local government such written
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1 assurances as the Secretary determines necessary to

2 achieve the purposes of this subsection.

3 ‘‘(6) GUIDELINES.—The Secretary may estab4 lish guidelines in carrying out this subsection.

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

7 ‘‘(A) AIRPORT COMPATIBLE LAND USE.—

8 The term ‘airport compatible land use’ means

9 any land use that is usually compatible with—

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

11 airport, as established under this chapter;

12 ‘‘(ii) airport design standards issued

13 by the Administrator; and

14 ‘‘(iii) regulations issued to carry out

15 section 44718 of this title.

16 ‘‘(B) AIRPORT LAND USE COMPATIBILITY

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

20 timing of measures to improve the compatibility

21 of land use with the existing forecast level of

22 aviation activity at an airport.

23 ‘‘(C) AIRPORT LAND USE COMPATIBILITY

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

2 determined by the Administrator to enhance

3 airport compatible land use.’’.

4 TITLE IV—MISCELLANEOUS

5 PROVISIONS

6 SEC. 401. ELIMINATION OF DUAL MANDATE.

7 (a) SAFETY AS HIGHEST PRIORITY.—Section

8 40101(d) is amended—

9 (1) by redesignating paragraphs (1) through

10 (6) as paragraphs (2) through (7), respectively; and

11 (2) by inserting before paragraph (2), as so re12 designated, the following:

13 ‘‘(1) assigning, maintaining, and enhancing

14 safety and security as the highest priorities in air

15 commerce.’’.

16 (b) ELIMINATION OF PROMOTION.—

17 (1) POLICY.—Section 40101(d) is further

18 amended—

19 (A) in paragraph (2), as redesignated by

20 subsection (a)(1) of this section, by striking ‘‘its

21 development and’’; and

22 (B) in paragraph (3), as so redesignated—

23 (i) by striking ‘‘promoting, encourag24 ing,’’ and inserting ‘‘encouraging’’; and
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1 (ii) by inserting before the period at

2 the end ‘‘, including new aviation tech3 nology’’.

4 (2) DEVELOPMENT.—Section 40104(a) is

5 amended by striking ‘‘and air commerce’’.

6 (3) CONFORMING AMENDMENTS.—Chapter 401

7 is amended—

8 (A) in the heading to section 40104 by

9 striking ‘‘and air commerce’’;

10 (B) in the subsection heading to section

11 40104(a) by striking ‘‘AND AIR COMMERCE’’;

12 and

13 (C) in the item relating to section 40104

14 in the table of sections at the beginning of the

15 chapter by striking ‘‘and air commerce’’.

16 SEC. 402. PURCHASE OF HOUSING UNITS.

17 Section 40110 is amended—

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

20 (2) by inserting after subsection (a) the follow21 ing:

22 ‘‘(b) PURCHASE OF HOUSING UNITS.—

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

24 the Administrator may purchase a housing unit (in25 cluding a condominium or a housing unit in a build-
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1 ing owned by a cooperative) that is located outside

2 the contiguous United States if the cost of the unit

3 is $200,000 or less.

4 ‘‘(2) CONTINUING OBLIGATIONS.—Notwith5 standing section 1341 of title 31, the Administrator

6 may purchase a housing unit under paragraph (1)

7 even if there is an obligation thereafter to pay nec8 essary and reasonable fees duly assessed upon such

9 unit, including fees related to operation, mainte10 nance, taxes, and insurance.

11 ‘‘(3) CERTIFICATION TO CONGRESS.—The Ad12 ministrator may purchase a housing unit under

13 paragraph (1) only if, at least 30 days before com14 pleting the purchase, the Administrator transmits to

15 the Committee on Transportation and Infrastructure

16 of the House of Representatives and the Committee

17 on Commerce, Science, and Transportation of the

18 Senate a report containing—

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

20 its price;

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

22 exceed the median price of housing units in the

23 area; and

24 ‘‘(C) a certification that purchasing the

25 housing unit is the most cost-beneficial means
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1 of providing necessary accommodations in car2 rying out this part.

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

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

5 of a housing unit under this subsection from any

6 amounts made available to the Administrator.’’.

7 SEC. 403. TECHNICAL CORRECTION RELATING TO STATE

8 TAXATION.

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

10 (c) of this section and’’.

11 SEC. 404. USE OF PASSENGER FACILITY FEES FOR DEBT FI12 NANCING PROJECT.

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

14 the following:

15 ‘‘(G) for debt financing of a terminal de16 velopment project at a commercial service air17 port that each year has .05 percent or less of

18 the total passenger boardings in the United

19 States if construction began on the project after

20 November 5, 1988, and before November 5,

21 1990, and the eligible agency certifies that no

22 other eligible airport-related projects affecting

23 safety, security, or capacity will be deferred by

24 the debt financing project.’’.
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1 SEC. 405. CLARIFICATION OF PASSENGER FACILITY REVE2 NUES AS CONSTITUTING TRUST FUNDS.

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

4 the following:

5 ‘‘(4) Passenger facility revenues that are held by an

6 air carrier or an agent of the carrier after collection of

7 a passenger facility fee constitute a trust fund that is held

8 by the air carrier or agent for the beneficial interest of

9 the eligible agency imposing the fee. Such carrier or agent

10 holds neither legal nor equitable interest in the passenger

11 facility revenues except for any handling fee or retention

12 of interest collected on unremitted proceeds as may be al13 lowed by the Secretary.’’.

14 SEC. 406. PROTECTION OF VOLUNTARILY SUBMITTED IN15 FORMATION.

16 (a) IN GENERAL.—Chapter 401 is amended by redes17 ignating section 40120 as section 40121 and by inserting

18 after section 40119 the following:

19 ‘‘§ 40120. Protection of voluntarily submitted infor20 mation

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

22 provision of law, neither the Administrator of the Federal

23 Aviation Administration, nor any agency receiving infor24 mation from the Administrator, may disclose voluntarily

25 provided safety or security related information if the Ad26 ministrator finds that—
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1 ‘‘(1) the disclosure of the information would in2 hibit the voluntary provision of that type of informa3 tion;

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

5 would aid in fulfilling the Administrator’s safety and

6 security responsibilities; and

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

8 not be inconsistent with the Administrator’s safety

9 and security responsibilities.

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

11 regulations to carry out this section.’’.

12 (b) CONFORMING AMENDMENT.—The table of sec13 tions for chapter 401 is amended by striking the item re14 lating to section 40120 and inserting the following:

‘‘40120. Protection of voluntarily submitted information.

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

15 SEC. 407. SUPPLEMENTAL TYPE CERTIFICATES.

16 Section 44704 is amended—

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

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

19 (2) by inserting after subsection (a) the follow20 ing:

21 ‘‘(b) SUPPLEMENTAL TYPE CERTIFICATES.—

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

23 a type certificate designated as a supplemental type
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1 certificate for a change to an aircraft, aircraft en2 gine, propeller, or appliance.

3 ‘‘(2) CONTENTS.—A supplemental type certifi4 cate issued under paragraph (1) shall consist of the

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

6 appliance with respect to the previously issued type

7 certificate for the aircraft, aircraft engine, propeller,

8 or appliance.

9 ‘‘(3) REQUIREMENT.—If the holder of a supple10 mental type certificate agrees to permit another per11 son to use the certificate to modify an aircraft, air12 craft engine, propeller, or appliance, the holder shall

13 provide the other person with written evidence, in a

14 form acceptable to the Administrator, of that agree15 ment. A person may change an aircraft, aircraft en16 gine, propeller, or appliance based on a supplemental

17 type certificate only if the person requesting the

18 change is the holder of the supplemental type certifi19 cate or has permission from the holder to make the

20 change.’’.

21 SEC. 408. RESTRICTION ON USE OF REVENUES.

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

23 adding at the end the following:

24 ‘‘(d) USE OF REVENUES.—
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1 ‘‘(1) PROHIBITION.—A person holding an air2 port operating certificate under this section may not

3 expend local taxes on aviation fuel (except taxes in

4 effect on December 30, 1987) or the revenues gen5 erated by the airport for any purpose other than the

6 capital or operating costs of—

7 ‘‘(A) the airport;

8 ‘‘(B) the local airport system; or

9 ‘‘(C) other local facilities owned or oper10 ated by the person and directly and substan11 tially related to the air transportation of pas12 sengers or property.

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

14 apply—

15 ‘‘(A) if a provision enacted not later than

16 September 2, 1982, in a law controlling financ17 ing by the owner or operator, or a covenant or

18 assurance in a debt obligation issued not later

19 than September 2, 1982, by the owner or oper20 ator, provides that the revenues, including local

21 taxes on aviation fuel at public airports, from

22 any of the facilities of the owner or operator,

23 including the airport, be used to support not

24 only the airport but also the general debt obli-
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1 gations or other facilities of the owner or opera2 tor; or

3 ‘‘(B) if the airport operating certificate is

4 for a heliport.

5 ‘‘(3) AUTHORITY TO ISSUE WAIVERS TO AIR6 PORTS NOT RECEIVING GRANT ASSISTANCE.—The

7 Administrator may waive the application of para8 graph (1) with respect to any airport that has not

9 received grant assistance under chapter 471 of this

10 title or the Airport and Airway Improvement Act of

11 1982 in the 10-year period ending on the date of the

12 enactment of this subsection.

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

15 a State tax on aviation fuel to support a State avia16 tion program or the use of airport revenue on or off

17 the airport for a noise mitigation purpose.’’.

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

19 read as follows:

20 ‘‘(5) PENALTY FOR DIVERSION OF AVIATION

21 REVENUES.—The amount of a civil penalty assessed

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

23 of this title (or any assurance made under such sec24 tion) or section 44706(d) of this title may be in25 creased above the otherwise applicable maximum
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1 amount under this section to an amount not to ex2 ceed 3 times the amount of revenues that are used

3 in violation of such section.’’.

4 SEC. 409. CERTIFICATION OF SMALL AIRPORTS.

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

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

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

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

11 and serves any scheduled passenger operation of an

12 air carrier operating aircraft designed for more than

13 9 passenger seats but less than 31 passenger seats;

14 and’’;

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

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

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

19 and

20 (5) by moving the matter following paragraph

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

23 (b) COMMUTER AIRPORTS.—Section 44706 is amend24 ed by adding at the end the following:
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1 ‘‘(e) COMMUTER AIRPORTS.—In developing the terms

2 required by subsection (b) for airports covered by sub3 section (a)(2), the Administrator shall identify and con4 sider a reasonable number of regulatory alternatives and

5 select from such alternatives the least costly, most cost6 effective or the least burdensome alternative that will pro7 vide comparable safety at airports described in subsections

8 (a)(1) and (a)(2).’’.

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

10 amended by adding at the end the following:

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

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

13 by subsection (a)(2) shall not take effect until such regula14 tion, and a report on the economic impact of the regula15 tion on air service to the airports covered by the rule, has

16 been submitted to Congress and 120 days have elapsed

17 following the date of such submission.’’.

18 (d) LIMITATION ON STATUTORY CONSTRUCTION.—

19 Section 44706 is further amended by adding at the end

20 the following:

21 ‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—

22 Nothing in this title may be construed as requiring a per23 son to obtain an airport operating certificate if such per24 son does not desire to operate an airport described in sub25 section (a).’’.
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1 SEC. 410. EMPLOYMENT INVESTIGATIONS OF PILOTS.

2 (a) EMPLOYMENT INVESTIGATIONS.—

3 (1) IN GENERAL.—Chapter 447 is amended by

4 adding at the end the following:

5 ‘‘§ 44724. Preemployment review of prospective pilot

6 records

7 ‘‘(a) PILOT RECORDS.—

8 ‘‘(1) IN GENERAL.—Before allowing an individ9 ual to begin service as a pilot, an air carrier shall

10 request and receive the following information:

11 ‘‘(A) FAA RECORDS.—From the Adminis12 trator of the Federal Aviation Administration,

13 information pertaining to the individual that is

14 maintained by the Administrator concerning—

15 ‘‘(i) current airman certificates (in16 cluding airman medical certificates) and

17 associated type ratings, including any limi18 tations thereon; and

19 ‘‘(ii) summaries of legal enforcement

20 actions which have resulted in a finding by

21 the Administrator of a violation of this

22 title or a regulation prescribed or order is23 sued under this title and which have not

24 been subsequently overturned.

25 ‘‘(B) AIR CARRIER RECORDS.—From any

26 air carrier (or the trustee in bankruptcy for the
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1 air carrier) that has employed the individual at

2 any time during the 5-year period preceding the

3 date of the employment application of the indi4 vidual—

5 ‘‘(i) records pertaining to the individ6 ual that are maintained by an air carrier

7 (other than records relating to flight time,

8 duty time, or rest time) under regulations

9 set forth in—

10 ‘‘(I) section 121.683 of title 14,

11 Code of Federal Regulations;

12 ‘‘(II) paragraph (A) of section

13 VI, appendix I, part 121 of such title;

14 ‘‘(III) paragraph (A) of section

15 IV, appendix J, part 121 of such title;

16 ‘‘(IV) section 125.401 of such

17 title; and

18 ‘‘(V) section 135.63(a)(4) of such

19 title; and

20 ‘‘(ii) other records pertaining to the

21 individual that are maintained by the air

22 carrier concerning—

23 ‘‘(I) the training, qualifications,

24 proficiency, or professional com25 petence of the individual, including
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1 comments and evaluations made by a

2 check airman designated in accord3 ance with section 121.411, 125.295,

4 or 135.337 of such title;

5 ‘‘(II) any disciplinary action re6 lating to the training, qualifications,

7 proficiency, or professional com8 petence of the individual which was

9 taken by the air carrier with respect

10 to the individual and which was not

11 subsequently overturned by the air

12 carrier; and

13 ‘‘(III) any release from employ14 ment or resignation, termination (if

15 related to the individual’s training,

16 professional qualification, proficiency,

17 or professional competence), or dis18 qualification with respect to employ19 ment.

20 ‘‘(C) NATIONAL DRIVER REGISTER

21 RECORDS.—From the chief driver licensing offi22 cial of a State, information concerning the

23 motor vehicle driving record of the individual in

24 accordance with section 30305(b)(7) of this

25 title.
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1 ‘‘(2) 5-YEAR REPORTING PERIOD.—A person is

2 not required to furnish a record in response to a re3 quest made under paragraph (1) if the record was

4 entered more than 5 years before the date of the re5 quest, unless the information is about a revocation

6 or suspension of an airman certificate or motor vehi7 cle license that is still in effect on the date of the

8 request.

9 ‘‘(3) REQUIREMENT TO MAINTAIN RECORDS.—

10 The Administrator and each air carrier (or the

11 trustee in bankruptcy for the air carrier) shall main12 tain pilot records described in paragraph (1) for a

13 period of at least 5 years.

14 ‘‘(4) WRITTEN CONSENT FOR RELEASE.—Nei15 ther the Administrator nor any air carrier may fur16 nish a record in response to a request made under

17 paragraph (1) (A) or (B) without first obtaining the

18 written consent of the individual whose records are

19 being requested.

20 ‘‘(5) DEADLINE FOR PROVISION OF INFORMA21 TION.—A person who receives a request for records

22 under paragraph (1) shall furnish, on or before the

23 30th day following the date of receipt of the request

24 (or on or before the 30th day following the date of

25 obtaining the written consent of the individual in the
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1 case of a request under paragraph (1) (A) or (B)),

2 all of the records maintained by the person that

3 have been requested.

4 ‘‘(6) RIGHT TO RECEIVE NOTICE AND COPY OF

5 ANY RECORD FURNISHED.—A person who receives a

6 request for records under paragraph (1) shall pro7 vide to the individual whose records have been re8 quested—

9 ‘‘(A) on or before the 20th day following

10 the date of receipt of the request, written notice

11 of the request and of the individual’s right to

12 receive a copy of such records; and

13 ‘‘(B) in accordance with paragraph (9), a

14 copy of such records, if requested by the indi15 vidual.

16 ‘‘(7) REASONABLE CHARGES FOR PROCESSING

17 REQUESTS AND FURNISHING COPIES.—A person who

18 receives a request for records under paragraph (1)

19 or (9) may establish a reasonable charge for the cost

20 of processing the request and furnishing copies of

21 the requested records.

22 ‘‘(8) RIGHT TO CORRECT INACCURACIES.—An

23 air carrier that receives the records of an individual

24 under paragraph (1)(B) shall provide the individual

25 with a reasonable opportunity to submit written
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1 comments to correct any inaccuracies contained in

2 the records before making a final hiring decision

3 with respect to the individual.

4 ‘‘(9) RIGHT OF PILOT TO REVIEW CERTAIN

5 RECORDS.—Notwithstanding any other provision of

6 a law or agreement, an air carrier shall, upon writ7 ten request from a pilot employed by such carrier,

8 make available, within a reasonable time of the re9 quest, to the pilot for review any and all employment

10 records referred to in paragraph (1)(B) pertaining

11 to the pilot’s employment.

12 ‘‘(10) PRIVACY PROTECTIONS.—

13 ‘‘(A) USE OF RECORDS.—An air carrier or

14 employee of an air carrier that receives the

15 records of an individual under paragraph (1)

16 may use such records only to assess the quali17 fications of the individual in deciding whether

18 or not to hire the individual as a pilot.

19 ‘‘(B) REQUIRED ACTIONS.—Subject to

20 subsection (c), the air carrier or employee of an

21 air carrier shall take such actions as may be

22 necessary to protect the privacy of the pilot and

23 the confidentiality of the records, including en24 suring that the information contained in the
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1 records is not divulged to any individual that is

2 not directly involved in the hiring decision.

3 ‘‘(C) INDIVIDUALS NOT HIRED.—If the in4 dividual is not hired, the air carrier shall de5 stroy or return the records of the individual re6 ceived under paragraph (1); except that the air

7 carrier may retain any records needed to defend

8 its decisions not to hire the individual.

9 ‘‘(11) STANDARD FORMS.—The Administrator

10 may promulgate—

11 ‘‘(A) standard forms which may be used by

12 an air carrier to request the records of an indi13 vidual under paragraph (1); and

14 ‘‘(B) standard forms which may be used by

15 a person who receives a request for records

16 under paragraph (1) to obtain the written con17 sent of the individual and to inform the individ18 ual of the request and of the individual’s right

19 to receive a copy of any records furnished in re20 sponse to the request.

21 ‘‘(12) REGULATIONS.—The Administrator may

22 prescribe such regulations as may be necessary—

23 ‘‘(A) to protect the personal privacy of any

24 individual whose records are requested under
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1 paragraph (1) and to protect the confidentiality

2 of those records;

3 ‘‘(B) to preclude the further dissemination

4 of records received under paragraph (1) by the

5 air carrier who requested them; and

6 ‘‘(C) to ensure prompt compliance with

7 any request under paragraph (1).

8 ‘‘(b) LIMITATION ON LIABILITY; PREEMPTION OF

9 STATE AND LOCAL LAW.—

10 ‘‘(1) LIMITATION ON LIABILITY.—No action or

11 proceeding may be brought by or on behalf of an in12 dividual who is seeking a position with an air carrier

13 as a pilot against—

14 ‘‘(A) the air carrier for requesting the indi15 vidual’s records under subsection (a)(1);

16 ‘‘(B) a person who has complied with such

17 request and in the case of a request under sub18 section (a)(1) (A) or (B) has obtained the writ19 ten consent of the individual;

20 ‘‘(C) a person who has entered information

21 contained in the individual’s records; or

22 ‘‘(D) an agent or employee of a person de23 scribed in subparagraph (A) or (B);

24 in the nature of an action for defamation, invasion

25 of privacy, negligence, interference with contract, or
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1 otherwise, or under any Federal, State, or local law

2 with respect to the furnishing or use of such records

3 in accordance with subsection (a).

4 ‘‘(2) PREEMPTION.—No State or political sub5 division thereof may enact, prescribe, issue, continue

6 in effect, or enforce any law, regulation, standard, or

7 other provision having the force and effect of law

8 that prohibits, penalizes, or imposes liability for fur9 nishing or using records in accordance with sub10 section (a).

11 ‘‘(3) PROVISION OF KNOWINGLY FALSE INFOR12 MATION.—Paragraphs (1) and (2) shall not apply

13 with respect to a person that furnishes in response

14 to a request made under subsection (a)(1) informa15 tion that the person knows is false.

16 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.—

17 Nothing in this section shall be construed as precluding

18 the availability of the records of a pilot in an investigation

19 or other proceeding concerning an accident or incident

20 conducted by the Secretary, the National Transportation

21 Safety Board, or a court.’’.

22 (2) CHAPTER ANALYSIS AMENDMENT.—The

23 analysis for chapter 447 is amended by adding at

24 the end the following:

‘‘44724. Preemployment review of prospective pilot records.’’.
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1 (3) CONFORMING AMENDMENT.—Section

2 30305(b) is amended by redesignating paragraph (7)

3 as paragraph (8) and by inserting after paragraph

4 (6) the following:

5 ‘‘(7) An individual who is employed or seeking em6 ployment by an air carrier as a pilot may request the chief

7 driver licensing official of a State to provide information

8 about the individual under subsection (a) of this section

9 to the individual’s prospective employer or to the Secretary

10 of Transportation. Information may not be obtained from

11 the Register under this paragraph if the information was

12 entered in the Register more than 5 years before the re13 quest, unless the information is about a revocation or sus14 pension still in effect on the date of the request.’’.

15 (4) CIVIL PENALTIES.—Section 46301 is

16 amended by inserting ‘‘44724,’’ after ‘‘44716,’’ in

17 each of subsections (a)(1)(A), (a)(2)(A), (d)(2), and

18 (f)(1)(A)(i).

19 (5) APPLICABILITY.—The amendments made

20 by this subsection shall apply to an air carrier hiring

21 an individual as a pilot if the application of the indi22 vidual for employment as a pilot is initially received

23 by the air carrier on or after the 120th day after the

24 date of the enactment of this Act.
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1 (b) RULEMAKING TO ESTABLISH MINIMUM STAND2 ARDS FOR PILOT QUALIFICATIONS.—Not later than 18

3 months after the date of the enactment of this Act, the

4 Administrator of the Federal Aviation Administration

5 shall issue a notice of a proposed rulemaking to estab6 lish—

7 (1) minimum standards and criteria for

8 preemployment screening tests measuring the bio9 graphical factors (psychomotor coordination), gen10 eral intellectual capacity, instrument and mechanical

11 comprehension, and physical fitness of an applicant

12 for employment as a pilot by an air carrier; and

13 (2) minimum standards and criteria for pilot

14 training facilities which will be licensed by the Ad15 ministrator and which will assure that pilots trained

16 at such facilities meet the preemployment screening

17 standards and criteria described in paragraph (1).

18 (c) SHARING ARMED SERVICES RECORDS.—

19 (1) STUDY.—The Administrator, in conjunction

20 with the Secretary of Defense, shall conduct a study

21 to determine the relevance and appropriateness of

22 requiring the Secretary of Defense to provide to an

23 air carrier, upon request in connection with the hir24 ing of an individual as a pilot, records of the individ25 ual concerning the individual’s training, qualifica-
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1 tions, proficiency, professional competence, or terms

2 of discharge from the Armed Forces.

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

4 date of the enactment of this Act, the Administrator

5 shall transmit to Congress a report on the results of

6 the study.

7 (d) MINIMUM FLIGHT TIME.—

8 (1) STUDY.—The Administrator shall conduct a

9 study to determine whether current minimum flight

10 time requirements applicable to individuals seeking

11 employment as a pilot with an air carrier are suffi12 cient to ensure public safety.

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

14 date of the enactment of this Act, the Administrator

15 shall transmit to Congress a report on the results of

16 the study.

17 SEC. 411. CHILD PILOT SAFETY.

18 (a) MANIPULATION OF FLIGHT CONTROLS.—

19 (1) IN GENERAL.—Chapter 447 is amended by

20 adding at the end the following:

21 ‘‘§ 44725. Manipulation of flight controls

22 ‘‘(a) PROHIBITION.—No pilot in command of an air23 craft may allow an individual who does not hold—

24 ‘‘(1) a valid private pilots certificate issued by

25 the Administrator of the Federal Aviation Adminis-
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1 tration under part 61 of title 14, Code of Federal

2 Regulations; and

3 ‘‘(2) the appropriate medical certificate issued

4 by the Administrator under part 67 of such title,

5 to manipulate the controls of an aircraft if the pilot knows

6 or should have known that the individual is attempting

7 to set a record or engage in an aeronautical competition

8 or aeronautical feat, as defined by the Administrator.

9 ‘‘(b) REVOCATION OF AIRMEN CERTIFICATES.—The

10 Administrator shall issue an order revoking a certificate

11 issued to an airman under section 44703 of this title if

12 the Administrator finds that while acting as a pilot in

13 command of an aircraft, the airman has permitted another

14 individual to manipulate the controls of the aircraft in vio15 lation of subsection (a).

16 ‘‘(c) PILOT IN COMMAND DEFINED.—In this section,

17 the term ‘pilot in command’ has the meaning given such

18 term by section 1.1 of title 14, Code of Federal Regula19 tions.’’.

20 (2) CONFORMING AMENDMENT.—The table of

21 sections at the beginning of such chapter is amended

22 by adding at the end the following:

‘‘44725. Manipulation of flight controls.’’.

23 (b) CHILDREN FLYING AIRCRAFT.—
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1 (1) STUDY.—The Administrator of the Federal

2 Aviation Administration shall conduct a study of the

3 impacts of children flying aircraft.

4 (2) CONSIDERATIONS.—In conducting the

5 study, the Administrator shall consider the effects of

6 imposing any restrictions on children flying aircraft

7 on safety and on the future of general aviation in

8 the United States.

9 (3) REPORT.—Not later than 6 months after

10 the date of the enactment of this Act, the Adminis11 trator shall issue a report containing the results of

12 the study, together with recommendations on—

13 (A) whether the restrictions established by

14 the amendment made by subsection (a)(1)

15 should be modified or repealed; and

16 (B) whether certain individuals or groups

17 should be exempt from any age, altitude, or

18 other restrictions that the Administrator may

19 impose by regulation.

20 (4) REGULATIONS.—As a result of the findings

21 of the study, the Administrator may issue regula22 tions imposing age, altitude, or other restrictions on

23 children flying aircraft.
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1 SEC. 412. DISCRETIONARY AUTHORITY FOR CRIMINAL HIS2 TORY RECORDS CHECKS.

3 (a) IN GENERAL.—Section 44936(a)(1) is amend4 ed—

5 (1) by redesignating subparagraphs (A) and

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

7 (2) by striking ‘‘(1) The Administrator’’ and in8 serting the following:

9 ‘‘(1) EMPLOYEES.—

10 ‘‘(A) PERSONS WITH ACCESS TO AIRCRAFT

11 AND OTHER SECURED AREAS.—The Adminis12 trator’’;

13 (3) by moving the remainder of the text of sub14 paragraph (A) (as designated by paragraph (2) of

15 this subsection), including clauses (i) and (ii) (as

16 designated by paragraph (1) of this subsection), 2

17 ems to the right; and

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

19 ‘‘(B) PERSONS RESPONSIBLE FOR SCREEN20 ING PASSENGERS AND PROPERTY.—

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

22 may require by regulation that an employ23 ment investigation (including a criminal

24 history record check in cases in which the

25 employment investigation reveals a gap in

26 employment of 12 months or more that the
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1 individual does not satisfactorily account

2 for) be conducted for individuals who will

3 be responsible for screening passengers

4 and property under section 44901 of this

5 title and their supervisors.

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

7 requires a criminal history record check

8 under clause (i), the individual may be em9 ployed as a screener until the check is

10 completed if the individual is subject to su11 pervision.’’.

12 (b) CONFORMING AMENDMENTS.—Section

13 44936(a)(2) is amended—

14 (1) by striking ‘‘(2) An air carrier’’ and insert15 ing the following:

16 ‘‘(2) RESPONSIBILITY OF AIR CARRIERS, FOR17 EIGN AIR CARRIERS, AND AIRPORT OPERATORS.—An

18 air carrier’’; and

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

20 paragraph 2 ems to the right.

21 (c) APPLICABILITY.—The amendment made by sub22 section (a)(4) shall not apply to an individual employed

23 as a screener, or a supervisor of screeners, on the day be24 fore the date of the enactment of this Act.
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1 SEC. 413. IMPOSITION OF FEES.

2 (a) IN GENERAL.—Chapter 453 is amended by add3 ing at the end the following:

4 ‘‘§ 45304. Prohibition on imposition of unauthorized

5 fees; fees for services provided to certain

6 aircraft

7 ‘‘(a) PROHIBITION.—Notwithstanding any other pro8 vision of law, the Administrator of the Federal Aviation

9 Administration shall not impose any fee that is not in ef10 fect on the date of the enactment of this section unless

11 the fee is expressly authorized by law.

12 ‘‘(b) AUTHORITY TO IMPOSE FEES.—

13 ‘‘(1) IN GENERAL.—The Administrator is au14 thorized to establish a schedule of fees (and a collec15 tion process for such fees), to be effective not later

16 than 60 days after the date of the enactment of this

17 section, solely to recover the costs incurred by the

18 Administrator in providing air traffic control serv19 ices to aircraft that neither take off from nor land

20 in the United States.

21 ‘‘(2) PERSONS SUBJECT TO FEE.—Fees may be

22 assessed under paragraph (1) only on aircraft that

23 neither take off from nor land in the United States;

24 except that such fees shall not apply to foreign gov25 ernment aircraft.
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1 ‘‘(3) LIMITATION ON MANNER OF COLLEC2 TION.—Fees may be assessed and collected under

3 this subsection only in such manner as may reason4 ably be expected to result in the collection of an ag5 gregate amount of fees during any fiscal year which

6 does not exceed the aggregate costs of the Adminis7 trator for such year in providing the services re8 ferred to in paragraph (1).

9 ‘‘(4) LIMITATION ON AMOUNT OF FEE.—The

10 amount of any fee assessed under this subsection on

11 any aircraft may not exceed the amount which is

12 reasonably based on the proportion of the services

13 referred to in paragraph (1) which relate to such

14 aircraft.

15 ‘‘(5) TARGET AMOUNT OF AGGREGATE FEES.—

16 To the extent permitted by the preceding provisions

17 of this subsection, fees under the schedule referred

18 to in paragraph (1) shall be at levels that will re19 cover not less than $30,000,000 in the first year in

20 which the fees are implemented.’’.

21 (b) CONFORMING AMENDMENT.—The table of sec22 tions for such chapter is amended by adding at the end

23 the following new item:

‘‘45304. Prohibition on imposition of unauthorized fees; fees for services provided to certain aircraft.’’.
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1 SEC. 414. AUTHORITY TO CLOSE AIRPORT LOCATED NEAR

2 CLOSED OR REALIGNED MILITARY BASE.

3 Notwithstanding any other provision of a law, rule,

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

5 service airport may be closed by its sponsor without any

6 obligation to repay grants made under chapter 471 of title

7 49, United States Code, the Airport and Airway Improve8 ment Act of 1982, or any other law if the airport is located

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

10 or realigned.

11 SEC. 415. CONSTRUCTION OF RUNWAYS.

12 Notwithstanding section 332 of the Department of

13 Transportation and Related Agencies Appropriations Act,

14 1996 (109 Stat. 457) or any other provision of law that

15 specifically restricts the number of runways at a single

16 international airport, the Secretary of Transportation may

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

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

19 runway at such airport, unless this section is expressly re20 pealed.

21 SEC. 416. GADSDEN AIR DEPOT, ALABAMA.

22 (a) AUTHORITY TO GRANT WAIVERS.—Notwith23 standing section 16 of the Federal Airport Act (as in ef24 fect on May 4, 1949), the Secretary is authorized, subject

25 to the provisions of section 47153 of title 49, United

26 States Code, and the provisions of subsection (b) of this
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1 section, to waive any of the terms contained in the deed

2 of conveyance dated May 4, 1949, under which the United

3 States conveyed certain property to the city of Gadsden,

4 Alabama, for airport purposes.

5 (b) CONDITIONS.—Any waiver granted under sub6 section (a) shall be subject to the following conditions:

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

8 that, in conveying any interest in the property which

9 the United States conveyed to the city by a deed de10 scribed in subsection (a), the city will receive an

11 amount for such interest which is equal to the fair

12 market value of such interest (as determined pursu13 ant to regulations issued by the Secretary).

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

15 shall be used by the city for the development, im16 provement, operation, or maintenance of a public

17 airport, lands (including any improvements thereto)

18 which produce revenues that are used for airport de19 velopment purposes, or both.

20 SEC. 417. REGULATIONS AFFECTING INTRASTATE AVIA21 TION IN ALASKA.

22 In modifying regulations contained in title 14, Code

23 of Federal Regulations, in a manner affecting intrastate

24 aviation in Alaska, the Administrator of the Federal Avia25 tion Administration shall consider the extent to which
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1 Alaska is not served by transportation modes other than

2 aviation, and shall establish such regulatory distinctions

3 as the Administrator considers appropriate.

4 SEC. 418. WESTCHESTER COUNTY AIRPORT, NEW YORK.

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

6 title 49, United States Code, and any other law, regula7 tion, or grant assurance, all fees received by Westchester

8 County Airport in the State of New York may be paid

9 into the treasury of Westchester County pursuant to sec10 tion 119.31 of the Westchester County Charter if the Sec11 retary finds that the expenditures from such treasury for

12 the capital and operating costs of the Airport after Decem13 ber 31, 1990, have been and will be equal to or greater

14 than the fees that such treasury receives from the Airport.

15 SEC. 419. BEDFORD AIRPORT, PENNSYLVANIA.

16 If the Administrator of the Federal Aviation Admin17 istration decommissions an instrument landing system in

18 Pennsylvania, the Administrator shall, if feasible, transfer

19 and install the system at Bedford Airport, Pennsylvania.

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

21 YORK.

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

23 for the construction of a Doppler radar station at the

24 Coast Guard station in Brooklyn, New York.

25 (b) CONSTRUCTION OF OFFSHORE PLATFORMS.—
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1 (1) STUDY.—The Administrator of the Federal

2 Aviation Administration shall conduct a study of the

3 feasibility of constructing 2 offshore platforms to

4 serve as sites for the location of Doppler radar sta5 tions for John F. Kennedy International Airport and

6 LaGuardia Airport in New York City, New York.

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

8 date of the enactment of this Act, the Administrator

9 shall transmit to Congress a report on the results of

10 the study conducted under paragraph (1), including

11 proposed locations for the offshore platforms. Such

12 locations shall be as far as possible from populated

13 areas while providing appropriate safety measures

14 for John F. Kennedy International Airport and

15 LaGuardia Airport.

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

17 construction of a Doppler radar station for John F. Ken18 nedy International Airport or LaGuardia Airport at any

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

20 SEC. 421. WORCESTER MUNICIPAL AIRPORT, MASSACHU21 SETTS.

22 The Secretary of Transportation shall take such ac23 tions as may be necessary to improve the safety of aircraft

24 landing at Worcester Municipal Airport, Massachusetts,

25 including, if appropriate, providing air traffic radar service
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1 to such airport from the Providence Approach Radar Con2 trol in Coventry, Rhode Island.

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

4 The Secretary of Transportation shall take such ac5 tions as may be necessary to improve the safety of aircraft

6 landing at Central Florida Airport, Sanford, Florida, in7 cluding, if appropriate, providing a new instrument land8 ing system on Runway 27R.

9 SEC. 423. AIRCRAFT NOISE OMBUDSMAN.

10 Section 106 is amended by redesignating subsection

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

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

13 ‘‘(k) AIRCRAFT NOISE OMBUDSMAN.—

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

15 Administration an Aircraft Noise Ombudsman.

16 ‘‘(2) GENERAL DUTIES AND RESPONSIBIL17 ITIES.—The Ombudsman shall—

18 ‘‘(A) be appointed by the Administrator;

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

20 issues regarding aircraft noise; and

21 ‘‘(C) be consulted when the Administration

22 proposes changes in aircraft routes so as to

23 minimize any increases in aircraft noise over

24 populated areas.’’.
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1 SEC. 424. SPECIAL RULE FOR PRIVATELY OWNED RE2 LIEVER AIRPORTS.

3 Section 47109 is amended by adding at the end the

4 following:

5 ‘‘(c) SPECIAL RULE FOR PRIVATELY OWNED RE6 LIEVER AIRPORTS.—If a privately owned reliever airport

7 contributes any lands, easements, or rights-of-way to carry

8 out a project under this subchapter, the current fair mar9 ket value of such lands, easements, or rights-of-way shall

10 be credited toward the non-Federal share of allowable

11 project costs.’’.

12 TITLE V—EXTENSION OF AIR13 PORT AND AIRWAY TRUST

14 FUND EXPENDITURES

15 SEC. 501. EXTENSION OF AIRPORT AND AIRWAY TRUST

16 FUND EXPENDITURES.

17 (a) EXTENSION OF EXPENDITURE AUTHORITY.—

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

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

20 and inserting ‘‘October 1, 1999’’.

21 (b) EXTENSION OF TRUST FUND PURPOSES.—Sub22 paragraph (A) of section 9502(d)(1) of such Code is

23 amended by inserting before the semicolon at the end ‘‘or

24 the Federal Aviation Authorization Act of 1996’’.
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1 TITLE VI—FEDERAL AVIATION

2 ADMINISTRATION RESEARCH,

3 ENGINEERING, AND DEVEL4 OPMENT

5 SEC. 601. SHORT TITLE.

6 This title may be cited as the ‘‘FAA Research, Engi7 neering, and Development Management Reform Act of

8 1996’’.

9 SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

10 Section 48102(a) is amended—

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

12 (1)(J);

13 (2) by striking the period at the end of para14 graph (2)(J) and inserting in lieu thereof ‘‘; and’’;

15 and

16 (3) by adding at the end the following new

17 paragraph:

18 ‘‘(3) for fiscal year 1997—

19 ‘‘(A) $10,000,000 for system development

20 and infrastructure projects and activities;

21 ‘‘(B) $39,911,000 for capacity and air

22 traffic management technology projects and ac23 tivities;
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1 ‘‘(C) $20,371,000 for communications,

2 navigation, and surveillance projects and activi3 ties;

4 ‘‘(D) $6,411,000 for weather projects and

5 activities;

6 ‘‘(E) $6,000,000 for airport technology

7 projects and activities;

8 ‘‘(F) $37,978,000 for aircraft safety tech9 nology projects and activities;

10 ‘‘(G) $36,045,000 for system security tech11 nology projects and activities;

12 ‘‘(H) $23,682,000 for human factors and

13 aviation medicine projects and activities;

14 ‘‘(I) $3,800,000 for environment and en15 ergy projects and activities; and

16 ‘‘(J) $1,500,000 for innovative/cooperative

17 research projects and activities.’’.

18 SEC. 603. RESEARCH PRIORITIES.

19 Section 48102(b) is amended—

20 (1) by redesignating paragraph (2) as para21 graph (3); and

22 (2) by striking ‘‘AVAILABILITY FOR RE23 SEARCH.—(1)’’ and inserting in lieu thereof ‘‘RE24 SEARCH PRIORITIES.—(1) The Administrator shall

25 consider the advice and recommendations of the re-
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1 search advisory committee established by section

2 44508 of this title in establishing priorities among

3 major categories of research and development activi4 ties carried out by the Federal Aviation Administra5 tion.

6 ‘‘(2)’’.

7 SEC. 604. RESEARCH ADVISORY COMMITTEE.

8 Section 44508(a)(1) is amended—

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (B);

11 (2) by striking the period at the end of sub12 paragraph (C) and inserting in lieu thereof ‘‘; and’’;

13 and

14 (3) by inserting after subparagraph (C) the fol15 lowing new subparagraph:

16 ‘‘(D) annually review the allocation made by the

17 Administrator of the amounts authorized by section

18 48102(a) of this title among the major categories of

19 research and development activities carried out by

20 the Administration and provide advice and rec21 ommendations to the Administrator on whether such

22 allocation is appropriate to meet the needs and ob23 jectives identified under subparagraph (A).’’.

24 SEC. 605. NATIONAL AVIATION RESEARCH PLAN.

25 Section 44501(c) is amended—
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1 (1) in paragraph (2)(A) by striking ‘‘15-year’’

2 and inserting in lieu thereof ‘‘5-year’’;

3 (2) by amending subparagraph (B) to read as

4 follows:

5 ‘‘(B) The plan shall—

6 ‘‘(i) provide estimates by year of the schedule,

7 cost, and work force levels for each active and

8 planned major research and development project

9 under sections 40119, 44504, 44505, 44507, 44509,

10 44511–44513, and 44912 of this title, including ac11 tivities carried out under cooperative agreements

12 with other Federal departments and agencies;

13 ‘‘(ii) specify the goals and the priorities for allo14 cation of resources among the major categories of

15 research and development activities, including the

16 rationale for the priorities identified;

17 ‘‘(iii) identify the allocation of resources among

18 long-term research, near-term research, and develop19 ment activities; and

20 ‘‘(iv) highlight the research and development

21 activities that address specific recommendations of

22 the research advisory committee established under

23 section 44508 of this title, and document the rec24 ommendations of the committee that are not accept25 ed, specifying the reasons for nonacceptance.’’; and
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1 (3) in paragraph (3) by inserting ‘‘, including

2 a description of the dissemination to the private sec3 tor of research results and a description of any new

4 technologies developed’’ after ‘‘during the prior fiscal

5 year’’.

Passed the House of Representatives September 11,

1996.

Attest: ROBIN H. CARLE,

Clerk.