I

103D CONGRESS

2D SESSION H. R. 4203

To provide for the continued improvement and expansion of the Nation’s

airports and airways, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 13, 1994

Mr. MINETA (by request) (for himself and Mr. OBERSTAR) introduced the following bill; which was referred jointly to the Committees on Public Works

and Transportation and Ways and Means

A BILL

To provide for the continued improvement and expansion

of the Nation’s airports and airways, and for other purposes.

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

3 TITLE I—AVIATION INVESTMENT ACT OF

4 1994

5 SEC. 101. SHORT TITLE.

6 This Act may be cited as ‘‘The Aviation Investment

7 Act of 1994’’.

8 SEC. 102. INNOVATIVE TECHNOLOGY.

9 Section 502(a) of the Airport and Airway Improve10 ment Act of 1982, as amended (49 U.S.C. App. 2201(a)),
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1 is amended by striking the word ‘‘and’’ following para2 graph (13), by substituting ‘‘; and’’ for the period at the

3 end of paragraph (14), and by adding a new paragraph

4 (15) to read as follows:

5 ‘‘(15) It is in the national interest to encourage

6 projects that employ innovative technology, concepts,

7 and approaches that will promote safety, capacity,

8 and efficiency improvements in the air transpor9 tation system, and it is therefore an objective of this

10 Act that the Secretary encourage and solicit innova11 tive technology proposals and activities in the ex12 penditure of funding pursuant to this Act.’’

13 SEC. 103. DEFINITIONS.

14 Section 503(a) of the Airport and Airway Improve15 ment Act of 1982, as amended (49 U.S.C. App. 2202(a)),

16 is amended—

17 (1) by inserting in clause (2)(B)(ii) the phrase

18 ‘‘(including explosives detection devices and univer19 sal access systems)’’ after the phrase ‘‘or security

20 equipment’’; and

21 (2) by deleting the phrase ‘‘and if funded by a

22 grant under this title,’’ in subparagraph (F).

23 SEC. 104. AIRPORT IMPROVEMENT PROGRAM.

24 (a) Section 505(a) of the Airport and Airway Im25 provement Act of 1982, as amended (49 U.S.C. App.
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1 2204(a)), is amended by striking the word ‘‘and’’ which

2 appears immediately before ‘‘$15,966,700,000’’ and in3 serting the following immediately after the phrase ‘‘Octo4 ber 1, 1993’’: ‘‘, $17,656,700,000 for fiscal years ending

5 before October 1, 1994, $19,346,700,000 for fiscal years

6 ending before October 1, 1995, $21,136,700,000 for fiscal

7 years ending before October 1, 1996, and

8 $23,026,700,000 for fiscal years ending before October 1,

9 1997’’.

10 (b) Section 505(b)(1) of the Airport and Airway Im11 provement Act of 1982, as amended (49 U.S.C. App.

12 2204(b)(1)), is amended by striking ‘‘1993’’ and by insert13 ing in lieu thereof ‘‘1997’’.

14 SEC. 105. AIRWAY IMPROVEMENT PROGRAM.

15 Section 506(a) of the Airport and Airway Improve16 ment Act of 1982, as amended (49 U.S.C. App. 2205(a)),

17 is amended by striking the word ‘‘and’’ immediately before

18 ‘‘$14,000,000,000’’ in paragraph (1), and inserting imme19 diately after ‘‘October 1, 1995’’ the following: ‘‘,

20 $16,500,000,000 for fiscal years ending before October 1,

21 1996, and $19,000,000,000 for fiscal years ending before

22 October 1, 1997’’.
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1 SEC. 106. RESEARCH, ENGINEERING AND DEVELOPMENT,

2 AND DEMONSTRATIONS.

3 Section 506(b) of the Airport and Airway Improve4 ment Act of 1982, as amended (49 U.S.C. 2205(b)), is

5 amended—

6 (1) by striking everything following the phrase

7 ‘‘Trust Fund’’ through and including the letter

8 ‘‘(B)’’ and by inserting the following immediately

9 after ‘‘$297,000,000’’: ‘‘, for fiscal year 1995

10 $267,000,000; for fiscal year 1996 $296,000,000;

11 and for fiscal year 1997 $316,000,000’’; and

12 (2) by striking paragraphs (3) and (4) and re13 numbering paragraph (5) as paragraph (3).

14 SEC. 107. OTHER EXPENSES.

15 Section 506 of the Airport and Airway Improvement

16 Act of 1982, as amended (49 U.S.C. App. 2205), is

17 amended by striking subsection (c) and inserting in lieu

18 thereof a new subsection (c) to read as follows:

19 ‘‘(c) OTHER EXPENSES.—The balance of the moneys

20 available in the Trust Fund may be appropriated for costs

21 incurred by the Federal Aviation Administration in oper22 ating and maintaining the aviation system in a safe and

23 efficient manner. The total of amounts made available and

24 appropriated from the Trust Fund for purposes specified

25 in sections 505 and 506 of this Act in each fiscal year

26 shall equal 75 percent of the total amount made available
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1 and appropriated to the Federal Aviation Administration

2 for all purposes in that fiscal year, without regard to the

3 repayment of indebtedness to the Secretary of the Treas4 ury incurred in connection with aircraft loan guarantees.’’.

5 SEC. 108. OPERATIONS ACCOUNT.

6 Section 106(k) of title 49, United States Code, is

7 amended by striking the remainder of the sentence after

8 the word ‘‘Administration’’ and inserting ‘‘such sums as

9 may be necessary.’’ in lieu thereof.

10 SEC. 109. PRESERVATION OF FUNDS AND PRIORITY FOR

11 AIRPORT AND AIRWAY PROGRAMS.

12 Section 506(e)(5) of the Airport and Airway Improve13 ment Act of 1982, as amended (49 U.S.C. App.

14 2205(e)(5)), is amended by striking ‘‘September 30,

15 1995,’’ and inserting in lieu thereof ‘‘September 30,

16 1997,’’.

17 SEC. 110. APPORTIONMENT OF FUNDS.

18 Section 507(b)(3)(A) of the Airport and Airway Im19 provement Act of 1982, as amended (49 U.S.C. App.

20 2206(b)(3)(A)), is amended—

21 (1) by striking the phrase ‘‘or reducing the

22 amount authorized or’’ and inserting in lieu thereof

23 the phrase ‘‘the amount’’; and
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1 (2) by inserting the phrase ‘‘to less than

2 $1,900,000,000’’ after the phrase ‘‘to be obligated’’,

3 and by deleting the phrase ‘‘limited or reduced’’.

4 SEC. 111. USE OF APPORTIONED AND DISCRETIONARY

5 FUNDS.

6 Section 508(d) of the Airport and Airway Improve7 ment Act of 1982, as amended (49 U.S.C. App. 2207(d)),

8 is amended—

9 (1) by striking the number ‘‘10’’ in paragraph

10 (1) and inserting in lieu thereof the number ‘‘5’’;

11 (2) by inserting the phrase ‘‘and for the pur12 poses of section 535 of this title’’ in paragraph (2)

13 after the phrase ‘‘104(c) of such Act’’;

14 (3) by striking the number ‘‘2.5’’ in paragraph

15 (3) wherever it appears and inserting in lieu thereof

16 the number ‘‘1.5’’; and

17 (4) by striking the words ‘‘each of’’ immediately

18 before the phrase ‘‘fiscal years 1994’’ in paragraph

19 (5) and by striking the year ‘‘1995’’ in paragraph

20 (5) and inserting in lieu thereof the word ‘‘there21 after’’.

22 SEC. 112. MILITARY AIRPORT PROGRAM.

23 Section 508(f) of the Airport and Airway Improve24 ment Act of 1982, as amended (49 U.S.C. App. 2207(f)),

25 is amended—
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1 (1) by striking the caption ‘‘DESIGNATION OF

2 CURRENT OR FORMER MILITARY AIRPORTS’’ and

3 inserting in lieu thereof ‘‘MILITARY AIRPORT PRO4 GRAM’’;

5 (2) by striking paragraph (1) and inserting the

6 following in lieu thereof:

7 ‘‘(1) DESIGNATION.—The Secretary may des8 ignate one or more military airports to receive funds

9 distributed under subsection (d)(5) of this section.

10 Airports designated under this subsection prior to

11 the enactment of the Aviation Investment Act of

12 1994, shall remain eligible to receive grants under

13 section 508(d)(5), as amended by the Aviation In14 vestment Act of 1994, subject to 508(f)(3) as in ef15 fect prior to the enactment of the Aviation Invest16 ment Act of 1994.’’;

17 (3) by deleting paragraph (2);

18 (4) by deleting in paragraph (3) the phrase

19 ‘‘and in conducting the survey under paragraph (2)’’

20 and by deleting everything after the phrase ‘‘con21 sider only those’’ and inserting the following in lieu

22 thereof: ‘‘military airports listed in the reports is23 sued by the Defense Base Closure and Realignment

24 Commission whose conversion, in whole or in part,
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1 would enhance civil airport and air traffic control

2 system capacity.’’;

3 (5) by striking the second sentence in para4 graph (4);

5 (6) by striking ‘‘for fiscal years 1993, 1994,

6 and 1995’’ in paragraph (6); and

7 (7) by renumbering paragraphs (3) through (6)

8 as paragraphs (2) through (5), respectively, and by

9 adding a new paragraph (6) to read as follows:

10 ‘‘(6) SHORT-TERM FUNDING FOR OPERATIONS

11 AND MANAGEMENT.—The Secretary may designate

12 military airport program participants to obtain

13 grants to operate, maintain, and repair airport fa14 cilities during the transition to civil operations, sub15 ject to such assurances as the Secretary may con16 sider necessary. No participant may receive more

17 than $250,000 under this paragraph.’’

18 SEC. 113. SUBMISSION AND APPROVAL OF PROJECT GRANT

19 APPLICATIONS.

20 Section 509(a)(3) of the Airport and Airway Im21 provement Act of 1982, as amended (49 U.S.C. App.

22 2208(a)(3)), is amended by striking the number ‘‘2’’

23 wherever it appears and inserting ‘‘1’’ in lieu thereof, and

24 by striking the word ‘‘similar’’.
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1 SEC. 114. REIMBURSEMENT FOR CERTAIN PAST EXPENDI2 TURES.

3 Section 513(a)(2) of the Airport and Airway Im4 provement Act of 1982, as amended (49 U.S.C. App.

5 2212(a)(2)), is amended—

6 (1) by striking the word ‘‘or’’ at the end of sub7 paragraph (A) and by adding the word ‘‘or’’ imme8 diately after the semicolon in subparagraph (B); and

9 (2) by adding a new subparagraph (C) to read

10 as follows:

11 ‘‘(C)(i) it was incurred—

12 ‘‘(aa) not more than 2 years before the

13 grant agreement for such project was executed;

14 ‘‘(bb) after September 30, 1993;

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

16 plan approved by the Secretary and in accord17 ance with all applicable statutory and adminis18 trative requirements that would have been ap19 plicable to such work if the project had been

20 carried out after the grant agreement had been

21 executed; and

22 ‘‘(dd) in the case of projects initiated on or

23 after 90 days following the enactment of this

24 provision, after receiving the Secretary’s ap25 proval of the project.
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1 ‘‘(ii) allowable costs under subparagraph (C)(i)

2 may include—

3 ‘‘(aa) interest payable on, and the retire4 ment of, the principal of bonds or other evi5 dence of indebtedness incurred to initiate the

6 project involved and before the grant agreement

7 for such project was executed; and

8 ‘‘(bb) interest payable on, and the retire9 ment of, the principal of bonds or other evi10 dences of indebtedness the proceeds of which

11 were used to finance the development work for

12 which reimbursement is provided under this

13 subparagraph.

14 ‘‘(iii) only the sums apportioned under sub15 sections 507(a)(1) and 507(a)(2) of this title may be

16 obligated for project costs allowable under paragraph

17 (C)(i).’’

18 SEC. 115. TERMINAL DEVELOPMENT.

19 Section 513(b) of the Airport and Airway Improve20 ment Act of 1982, as amended (49 U.S.C. App. 2212(b)),

21 is amended—

22 (1) by inserting after the phrase ‘‘may be used’’

23 in paragraph (2) the phrase ‘‘subject to the approval

24 of the Secretary’’;
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1 (2) by adding a new sentence at the end of

2 paragraph (2) to read as follows: ‘‘All or any portion

3 of the sums to be distributed at the discretion of the

4 Secretary under sections 507(c) and 507(d) for any

5 fiscal year may be distributed for use by commercial

6 service airports each of which annually has .05 per7 cent or less of the total enplanements in the United

8 States for project costs allowable under paragraph

9 (1) of this subsection.’’; and

10 (3) by striking paragraph (5) and renumbering

11 paragraph (6) as paragraph (5).

12 SEC. 116. LETTERS OF INTENT.

13 Section 513(d)(1) of the Airport and Airway Im14 provement Act of 1982, as amended (49 U.S.C. App.

15 2212(d)(1)), is amended by adding a new subparagraph

16 (H) to read as follows:

17 ‘‘(H) LIMITATION OF STATUTORY CON18 STRUCTION.—Nothing in this section shall be

19 construed to prohibit the obligation of amounts

20 pursuant to a letter of intent under this para21 graph in the same fiscal year as the letter of in22 tent is issued.’’

23 SEC. 117. STATE BLOCK GRANT PROGRAM.

24 (a) Section 534(a) of the Airport and Airway im25 provement Act of 1982, as amended (49 U.S.C. App.
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1 2227(a)), is amended by striking ‘‘September 30, 1996’’

2 and inserting in lieu thereof ‘‘September 30, 1997’’.

3 (b) Section 534(b) of the Airport and Airway Im4 provement Act of 1982, as amended, (49 U.S.C. App.

5 2227(b)) is amended by striking the remaining portion of

6 the first sentence after the phrase ‘‘under this title,’’ and

7 inserting in lieu thereof the following: ‘‘for such airports,

8 other than primary airports, that the Secretary may ap9 prove annually. Such funding may include funding for in10 tegrated airport system planning. For purposes of this sec11 tion, an integrated airport system plan must include at

12 least one primary airport enplaning 0.25 percent or more

13 of the total number of passengers enplaned annually at

14 all commercial service airports.’’.

15 SEC. 118. COMPATIBLE LAND USE.

16 The Airport and Airway Improvement Act of 1982,

17 as amended, (49 U.S.C. App. 2201 et seq.) is amended

18 by adding a new section 535 to read as follows:

19 ‘‘SEC. 535. COMPATIBLE LAND USE.

20 ‘‘(a) Subject to the conditions in subsection (c), the

21 Secretary is authorized to make grants to States and units

22 of local government for any land use compatibility plan23 ning or project as defined in this section for the purposes

24 of making the use of land areas around airports compat25 ible with aircraft operations.
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1 ‘‘(b) DEFINITIONS.—

2 ‘‘(1) ‘Compatible land use’ means land use that

3 is normally compatible with—

4 (A) the noise levels associated with an air5 port, as established under the Aviation Safety

6 and Noise Abatement Act of 1979;

7 (B) airport design standards as issued by

8 the Secretary; and

9 (C) regulations promulgated under the au10 thority of section 1101 of the Federal Aviation

11 Act of 1958, as amended.

12 ‘‘(2) ‘Land use compatibility plan’ means the

13 product of a process to determine the extent, type,

14 nature, location, and timing of measures to improve

15 the compatibility of land use with the existing and

16 forecast level of aviation activity at an airport.

17 ‘‘(3) ‘Land use compatibility project’ means a

18 project that is contained in a land use compatibility

19 plan and determined by the Secretary to enhance

20 land use compatibility.

21 ‘‘(c) CONDITIONS.—

22 ‘‘(1) The sponsor must be a public agency that

23 is not the owner or operator of the airport with

24 which the land use compatibility planning project is

25 associated.
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1 ‘‘(2) The sponsor of the land use compatibility

2 plan must have authority to plan and adopt land use

3 control measures, including zoning, in the planning

4 area.

5 ‘‘(3) A land use compatibility plan may not du6 plicate or be inconsistent with an airport noise com7 patibility program prepared by an airport operator

8 under the Aviation Safety and Noise Abatement Act

9 of 1979 or with other planning carried out by the

10 airport. The public agency which is the sponsor of

11 a land use compatibility plan shall consult with the

12 owner or operator of the airport with which the plan

13 is associated regarding any recommended land use

14 compatibility measures identified in the plan and

15 any aviation data on which such recommendations

16 are made.

17 ‘‘(4) The Secretary shall make project grants

18 under this section contingent upon a verification by

19 the associated airport owner or operator that the

20 land use compatibility plan, including the use of any

21 noise exposure contours on which land use planning

22 or projects are based, has been coordinated with the

23 airport and is consistent with airport operation and

24 planning.
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1 ‘‘(5) The Secretary may establish guidelines to

2 administer this section in accordance with the pur3 poses and conditions described herein.

4 ‘‘(d) SPONSORSHIP.—As a condition precedent to ap5 proval of a proposal by a public agency to undertake prep6 aration of a land use compatibility plan or implementation

7 of a land use compatibility project under this section, the

8 Secretary shall receive such assurances, in writing, from

9 the sponsor of the plan or project as the Secretary may

10 determine to be necessary to achieve the purposes of this

11 section.’’.

12 SEC. 119. AIRPORT SAFETY DATA COLLECTION.

13 The Airport and Airway Improvement Act of 1982,

14 as amended (49 U.S.C. App. 2201 et seq.), is amended

15 by adding a new section 536 to read as follows:

16 ‘‘SEC. 536. AIRPORT SAFETY DATA COLLECTION.

17 ‘‘Notwithstanding any other provision of law, the Ad18 ministrator of the Federal Aviation Administration may

19 contract with the Center for Aviation Research and Edu20 cation of the National Association of State Aviation Offi21 cials for the collection of airport safety data, to be funded

22 from amounts made available under section 508(d)(4) for

23 integrated airport system planning.’’.
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1 SEC. 120. INTERMODAL SYSTEM PLANNING.

2 (a) Section 503(a) of the Airport and Airway Im3 provement Act of 1982, as amended (49 U.S.C. App.

4 2202(a)) is amended by inserting in the second sentence

5 of paragraph (7) the phrase ‘‘the role which airports play

6 in the transportation system in a specific area,’’ after the

7 phrase ‘‘identification of system needs,’’.

8 (b) Section 508(d)(4) of the Airport and Airway Im9 provement Act of 1982, as amended (49 U.S.C. App.

10 2207(d)(4)) is amended—

(1) by striking the phrase ‘‘1 11 ⁄2 of’’ in paragraph

12 (4);

13 (2) by inserting in paragraph (4) the letter

14 ‘‘(A)’’ before the phrase ‘‘Not less than’’ and insert15 ing ‘‘; and’’ in lieu of the period; and

16 (3) by inserting in paragraph (4) a new sub17 paragraph (B) to read as follows:

18 ‘‘(B) Prior to the Secretary’s approval of a

19 grant to a planning agency for integrated airport

20 system planning, the planning agency shall, insofar

21 as its powers permit, certify that the sponsor of any

22 airport enplaning 0.25 percent or more of the total

23 number of passengers enplaned annually at all com24 mercial service airports is considered to be an opera25 tor of a major mode of transportation pursuant to

26 the provisions of section 1024(a) of the Intermodal
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1 Surface Transportation Efficiency Act of 1990 (23

2 U.S.C. App. 134(b)(2)), and that any such sponsor

3 is a member, or will be appointed a member as soon

4 as practicable, of such planning agency.’’

5 SEC. 121. INNOVATIVE FINANCING.

6 Section 505 of the Airport and Airway Improvement

7 Act of 1982, as amended (49 U.S.C. 2204), is amended

8 by adding a new subsection (e) to read as follows:

9 ‘‘(e) INNOVATIVE FINANCING OF AIRPORT DEVELOP10 MENT PROJECTS.—

11 ‘‘(1) IN GENERAL.—In order to fulfill the objec12 tives of this section in a manner that advances the

13 overall infrastructure needs of the aviation sector of

14 the nation’s economy as effectively and flexibly as

15 possible, the Secretary is authorized, on such terms

16 and conditions as the Secretary deems appropriate,

17 to enter into agreements or other arrangements for

18 airport development that produce a greater amount

19 of investment in airport development per dollar of

20 Federal expenditure than generally prevails in the

21 Federal program pursuant to subsection (a) of this

22 section. Among the innovative financing mechanisms

23 available to the Secretary pursuant to this sub24 section are agreements entered into with non-Fed25 eral entities, including airport sponsors, for the loan
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1 of Federal funds, the guarantee of loan repayment,

2 or the purchase of insurance or other forms of en3 hancement for borrower debt. In selecting projects

4 under this subsection, the Secretary shall give prior5 ity consideration to projects that demonstrate inno6 vative use of Federal funds and leverage a signifi7 cant amount of non-Federal funds and to projects

8 with the greatest transportation benefits when com9 pared to other available proposals for airport devel10 opment. When approving projects under this sub11 section, the Secretary may agree in the early phases

12 of a project to a Federal share, up to 100 percent,

13 provided that the Federal share of the total cost of

14 the project does not exceed that otherwise permitted.

15 Any combination of these financing mechanisms may

16 be combined with grant assistance under this title

17 for any project eligible for grant assistance under

18 this title.

19 ‘‘(2) TRUST FUND COMMITMENTS.—In order to

20 participate in innovative financing of airport devel21 opment pursuant to this subsection, there are au22 thorized to be appropriated from the Trust Fund

23 such sums as may be necessary during the fiscal

24 years 1995 through 1997 for the cost of loans, loan

25 guarantees and other participation, which sums shall
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1 be in addition to amounts made available under sub2 section (a) of this section. New Federal loans and

3 guarantees may be incurred only to the extent that

4 appropriation of budget authority to cover their

5 costs, as defined in Section 502 of the Congressional

6 Budget Act of 1974, is made in advance.’’.

7 TITLE II—FEDERAL AVIATION ACT OF 1958

8 AMENDMENTS

9 SEC. 201. COOPERATIVE AGREEMENTS FOR RESEARCH, EN10 GINEERING, AND DEVELOPMENT.

11 Section 312 of the Federal Aviation Act of 1958, as

12 amended (49 U.S.C. App. 1353), is amended—

13 (1) by adding at the end a new subsection (j)

14 to read as follows:

15 ‘‘(j) COOPERATIVE AGREEMENTS.—The Adminis16 trator may enter into cooperative agreements on a cost17 shared basis with Federal and non-Federal entities that

18 the Administrator may select in order to conduct, encour19 age, and promote aviation research, engineering, and de20 velopment, including the development of prototypes and

21 demonstration models.’’

22 (2) CONFORMING AMENDMENT.—The table of

23 contents of the Federal Aviation Act of 1958 is

24 amended by adding at the end of the item relating

25 to section 312 the following:

‘‘(j) Cooperative agreements.’’.
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1 SEC. 202. ASSISTANCE TO FOREIGN AVIATION AUTHORI2 TIES.

3 Section 313 of the Federal Aviation Act of 1958, as

4 amended (49 U.S.C. App. 1354), is amended—

5 (1) by adding at the end a new subsection (g)

6 to read as follows:

7 ‘‘(g) ASSISTANCE TO FOREIGN AVIATION AUTHORI8 TIES.—(1) The Administrator may provide safety-related

9 training and operational services for foreign aviation au10 thorities with or without reimbursement, if the Adminis11 trator determines that providing such services promotes

12 aviation safety or United States aviation interests. To the

13 extent practicable, air travel reimbursed under this sub14 section shall be conducted on United States air carriers.

15 ‘‘(2) Funds received by the Administrator pursuant

16 to this section shall be credited to the appropriation from

17 which the expenses were incurred in providing such

18 services.’’.

19 (2) CONFORMING AMENDMENT.—The table of

20 contents of the Federal Aviation Act of 1958 is

21 amended by adding at the end of the item relating

22 to section 313 the following:

‘‘(g) Assistance to foreign aviation authorities.’’

23 SEC. 203. FOREIGN FEE COLLECTION.

24 Section 313(f) of the Federal Aviation Act of 1958,

25 as amended (49 U.S.C. App. 1354(f)), is amended—
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1 (1) by redesignating paragraphs (3) and (4) as

2 paragraphs (4) and (5), respectively; and

3 (2) by inserting immediately after paragraph

4 (2) a new paragraph (3) to read as follows:

5 ‘‘(3) RECOVERY OF COST OF FOREIGN AVIA6 TION SERVICES.—

7 ‘‘(A) ESTABLISHMENT OF FEES.—Not8 withstanding the limitation of paragraph (4),

9 the Administrator may establish and collect fees

10 for providing or carrying out the following avia11 tion services outside the United States: any

12 test, authorization, certificate, permit, rating,

13 evaluation, approval, inspection, or review. Such

14 fees shall be established as necessary to recover

15 the additional cost of providing or carrying out

16 such services outside the United States, as com17 pared to the cost of providing or carrying out

18 such services within the United States, except

19 that in the case of foreign repair stations, and

20 for such other aviation services as the Adminis21 trator may determine appropriate, recovery

22 shall be for the full cost of providing such

23 services.

24 ‘‘(B) CREDITING OF PREESTABLISHED

25 FEES.—Fees described in subparagraph (A)
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1 that were not established before the date of en2 actment of this Act may be credited in accord3 ance with paragraph (5).’’.

4 SEC. 204. PASSENGER FACILITY CHARGES.

5 Section 1113(e)(2) of the Federal Aviation Act of

6 1958, as amended, (49 U.S.C. App. 1513(e)(2)) is amend7 ed—

8 (1) by striking the period at the end of sub9 paragraph (B)(iii) and inserting ‘‘; and’’; and

10 (2) by adding a new subparagraph (C) to read

11 as follows:

12 ‘‘(C) that the application includes adequate

13 justification for each of the specific projects.’’.

14 TITLE III—AVIATION SAFETY AND NOISE

15 ABATEMENT ACT OF 1979 AMENDMENTS

16 SEC. 301. UNIFORM GOVERNMENT SHARE.

17 Section 104(c)(1) of the Aviation Safety and Noise

18 Abatement Act of 1979, as amended (49 U.S.C. App.

19 2104(c)(1)), is amended—

20 (1) by deleting the fourth sentence and insert21 ing in lieu thereof the following: ‘‘The United States

22 share of the allowable cost of a project for which a

23 grant is made to an airport or to a public agency

24 under this subsection shall be the United States

25 share of the allowable cost of an eligible project as
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1 set forth in section 510 of the Airport and Airway

2 Improvement Act of 1982, as amended.’’; and

3 (2) by striking the phrase ‘‘(except section 510

4 of that Act relating to United States share of project

5 costs)’’ in the fifth sentence.

6 SEC. 302. SOUNDPROOFING RESIDENTIAL BUILDINGS.

7 (a) Section 104(c)(2) of the Aviation Safety and

8 Noise Abatement Act of 1979, as amended (49 U.S.C.

9 App. 2104(c)(2)), is amended—

10 (1) by inserting ‘‘(A)’’ before ‘‘to operators of

11 airports’’; and

12 (2) by striking the period at the end and insert13 ing ‘‘; and (B) for projects to soundproof residential

14 buildings—

15 ‘‘(i) if the operator of the airport involved

16 received approval for a grant for a project to

17 soundproof residential buildings pursuant to

18 section 301(d)(4)(B) of the Airport and Airway

19 Safety and Capacity Expansion Act of 1987;

20 ‘‘(ii) if the operator of the airport involved

21 submits updated noise exposure contours, as re22 quired by the Secretary; and

23 ‘‘(iii) if the Secretary determines that the

24 proposed projects are compatible with the pur25 poses of the Act.’’.
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1 (b) Section 104(c) of the Aviation Safety and Noise

2 Abatement Act of 1979, as amended (49 U.S.C. App.

3 2104(c)), is amended—

4 (1) by adding a new paragraph (4) to read as

5 follows:

6 ‘‘(4) SOUNDPROOFING AND ACQUISITION OF

7 CERTAIN RESIDENTIAL PROPERTIES.—The Secretary

8 is authorized under this section to make grants to

9 operators of airports and to units of local govern10 ment referred to in paragraph (1) for projects to

11 soundproof residential buildings located on residen12 tial properties, and for projects to acquire residential

13 properties, at which noise levels are not compatible

14 with normal operations of an airport—

15 ‘‘(A) if the operator of the airport involved

16 amended an existing local aircraft noise regula17 tion during calendar year 1993 to increase the

18 maximum permitted noise levels for scheduled

19 air carrier aircraft as a direct result of imple20 mentation of revised aircraft noise departure

21 procedures mandated for aircraft safety pur22 poses by the Administrator of the Federal Avia23 tion Administration for standardized application

24 at airports served by scheduled air carriers;
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1 ‘‘(B) if the operator of the airport involved

2 submits updated noise exposure contours, as re3 quired by the Secretary; and

4 ‘‘(C) if the Secretary determines that the

5 proposed projects are compatible with the pur6 poses of this Act.’’

7 SEC. 303. REPEAL OF ANNUAL REPORT REQUIREMENT.

8 Section 401 of the Aviation Safety and Noise Abate9 ment Act of 1979, as amended (Public Law 96–193; 94

10 Stat. 57), is repealed.

11 TITLE IV—GENERAL PROVISIONS

12 SEC. 401. RELOCATION OF AIRWAY FACILITIES.

13 Compensation received by the United States for

14 transfer of the San Jacinto Disposal Area by the United

15 States to the city of Galveston, Texas, shall include com16 pensation to be provided to the Federal Aviation Adminis17 tration for all costs of establishing airway facilities to re18 place existing airway facilities on the San Jacinto Disposal

19 Area. Such compensation shall include but is not limited

20 to the replacement of the land, clear zones, buildings and

21 equipment, and demolition and disposal of the existing fa22 cilities on the San Jacinto Disposal Area.
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1 SEC. 402. WAIVER AUTHORITY FOR FOREIGN AIR CAR2 RIERS.

3 Section 9308(b)(1) of the Aviation Noise and Capac4 ity Act of 1990 is amended by inserting the phrase ‘‘or

5 a foreign air carrier’’ immediately after the phrase ‘‘air

6 carrier’’ wherever it appears in section 9308(b)(1).

7 SEC. 403. REPEAL.

8 Section 31 of the Airport and Airway Development

9 Act of 1970, as amended (49 U.S.C. App. 1731) is hereby

10 repealed.

11 TITLE V—AMENDMENTS TO THE

12 INTERNAL REVENUE CODE OF 1986

13 SEC. 501. EXTENSION OF AVIATION-RELATED TAXES AND

14 TRUST FUND SPENDING AUTHORITY.

15 (a) Sections 4091(b)(3)(A), 4261(g) and 4271(d) of

16 the Internal Revenue Code of 1986 and sections 9502(b)

17 (1), (2), and (3) of the Trust Fund Code of 1981 (26

18 U.S.C. 4091(b)(3)(A), 4261(g), 4271(d), and 9502(b) (1),

19 (2), and (3)) are amended by striking ‘‘January 1, 1996’’

20 each place it appears and inserting in lieu thereof ‘‘Janu21 ary 1, 1998’’.

22 (b) Section 4041(c)(5) of the Internal Revenue Code

23 of 1986 (26 U.S.C. 4041(c)(5)) is amended by striking

24 ‘‘December 31, 1995’’ and inserting in lieu thereof ‘‘De25 cember 31, 1997’’.
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1 (c) Section 9502(b) of the Trust Fund Code of 1981

2 (26 U.S.C. 9502(b)) is amended—

3 (1) by inserting the phrase ‘‘and before’’ after

4 ‘‘August 31, 1982,’’ in paragraph (2) and by insert5 ing the word ‘‘and’’ after the semicolon at the end

6 of paragraph (2);

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

8 (3) and substituting a period in lieu thereof; and

9 (3) by deleting paragraph (4).

10 (d) Section 9502(d)(1) of the Trust Fund Code of

11 1981 (26 U.S.C. 9502(d)(1)) is amended by striking the

12 phrase ‘‘October 1, 1995’’ and inserting in lieu thereof

13 ‘‘October 1, 1999’’.

14 (e) Section 9502(d)(1)(A) of the Trust Fund Code

15 of 1981 (26 U.S.C. 9502(d)(1)(A)) is amended by striking

16 the phrase ‘‘(as such Acts were in effect on the date of

17 enactment of the Airport and Airway Safety Capacity,

18 Noise Improvement, and Intermodal Transportation Act

19 of 1992);’’ and inserting in lieu thereof the phrase ‘‘or

20 the Airport and Airway Safety Capacity, Noise Improve21 ment, and Intermodal Transportation Act of 1992 or the

22 Aviation Investment Act of 1994 (as such Acts were in

23 effect on the date of the enactment of the Aviation Invest24 ment Act of 1994);’’.
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1 (f) Section 9502(f)(3) of the Trust Fund Code of

2 1981 (26 U.S.C. 9502(f)(3)) is amended by striking ‘‘De3 cember 31, 1995’’ and inserting in lieu thereof ‘‘December

4 31, 1999’’.

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