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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1491 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1491

 To amend the Airport and Airway Improvement Act of 1982 to authorize 
                appropriations, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 24 (legislative day, September 7), 1993

   Mr. Ford introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To amend the Airport and Airway Improvement Act of 1982 to authorize 
                appropriations, and for other purposes.

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

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Federal Aviation Administration 
Authorization Act of 1993''.

SEC. 2. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION.

    (a) Authorization.--The second sentence of section 505(a) of the 
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is 
amended--
            (1) by striking ``and'' immediately after ``1992,''; and
            (2) by inserting ``, and $18,016,700,000 for fiscal years 
        ending before October 1, 1994'' immediately before the period 
        at the end.
    (b) Discretionary Fund.--Section 505(a) of the Airport and Airway 
Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is further amended by 
inserting immediately after the second sentence the following new 
sentence: ``If the obligation limitation on the amount made available 
under this subsection for fiscal year 1994 is less than $1,800,000,000 
and not less than $1,700,000,000, then $50,000,000 of such amount shall 
be credited to the discretionary fund established by section 507(c), 
without apportionment; and if the obligation limitation on the amount 
made available under this subsection for fiscal year 1994 is less than 
$1,700,000,000, then $100,000,000 of such amount shall be credited to 
such discretionary fund, without apportionment.''.
    (c) Obligational Authority.--Section 505(b)(1) of the Airport and 
Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is amended 
by striking ``1993'' and inserting in lieu thereof ``1994''.

SEC. 3. DEFINITION OF AIRPORT DEVELOPMENT.

    Section 503(a)(2)(B)(ii) of the Airport and Airway Improvement Act 
of 1982 (49 App. U.S.C. 2202(a)(2)(B)(ii)) is amended by inserting 
``(including explosive detection devices) and universal access 
systems'' immediately after ``safety or security equipment''.

SEC. 4. AUTHORITY TO CONTINUE LETTERS OF INTENT.

    Nothwithstanding any other provision of law, the Secretary of 
Transportation may issue letters of intent under section 513(d) of the 
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2212(d)) and 
use Airport Improvement Program funds for planning, approving, and 
administering such letters of intent.

SEC. 5. LANDING AIDS AND NAVIGATIONAL EQUIPMENT INVENTORY POOL.

    Section 506(a) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2205(a)) is amended by adding at the end the following 
new paragraph:
            ``(4) Landing aids and navigational equipment inventory 
        pool.--
                    ``(A) Establishment of program.--Not later than 
                December 31, 1993, and notwithstanding any other 
                provision of this title, the Secretary shall establish 
                and implement a program to purchase and reserve an 
                inventory of precision approach instrument landing 
                system equipment, to be made available on an expedited 
                basis for installation at airports.
                    ``(B) Authorization.--No less than $30,000,000 of 
                the amounts appropriated under paragraph (1) for each 
                of the fiscal years 1994 and 1995 shall be available 
                for the purpose of carrying out this paragraph, 
                including acquisition, site preparation work, 
                installation, and related expenditures.''.

SEC. 6. MICROWAVE LANDING SYSTEM.

    Section 506(a) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2205(a)), as amended by this Act, is further amended by 
adding at the end the following new paragraph:
            ``(5) Microwave landing system.--Notwithstanding any other 
        provision of law, none of the amounts appropriated under this 
        subsection may be used for the development or procurement of 
        the microwave landing system, except as necessary to meet 
        obligations of the Government under contracts in effect on 
        January 1, 1994.''.

SEC. 7. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

    (a) In General.--Section 313 of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1354) is amended by adding at the end the following new 
subsection:
    ``(g) Assistance to Foreign Aviation Authorities.--The 
Administrator may provide safety-related training and operational 
services to foreign aviation authorities with or without reimbursement, 
if the Administrator determines that providing such services promotes 
aviation safety. To the extent practicable, air travel reimbursed under 
this subsection shall be conducted on United States air carriers.''.
    (b) Conforming Amendment.--The table of contents of the Federal 
Aviation Act of 1958 is amended by adding at the end of the item 
relating to section 313 the following:

``(g) Assistance to foreign aviation authorities.''.

SEC. 8. FOREIGN FEE COLLECTION.

    Section 313(f) of the Federal Aviation Act of 1958 (49 App. U.S.C. 
1354(f)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting immediately after paragraph (2) the 
        following new paragraph:
            ``(3) Recovery of cost of foreign aviation services.--
                    ``(A) Establishment of fees.--Notwithstanding the 
                limitation of paragraph (4), the Administrator may 
                establish and collect fees for providing or carrying 
                out the following aviation services outside the United 
                States: any test, authorization, certificate, permit, 
                rating, evaluation, approval, inspection, or review. 
                Such fees shall be established as necessary to recover 
                the additional cost of providing or carrying out such 
                services outside the United States, as compared to the 
                cost of providing or carrying out such services within 
                the United States.
                    ``(B) Crediting of preestablished fees.--Fees 
                described in subparagraph (A) that were not established 
                before the date of enactment of the Federal Aviation 
                Administration Authorization Act of 1993 may be 
                credited in accordance with paragraph (5).''.

SEC. 9. REVIEW OF FEDERAL AVIATION ADMINISTRATION.

    The Administrator of the Federal Aviation Administration shall 
conduct a review of the Federal Aviation Administration's personnel 
administration, procurement process, and overall organizational 
structure. The Administrator shall, not later than March 30, 1994, 
report on the results of the review to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives.

SEC. 10. REPEAL OF ANNUAL REPORT REQUIREMENT.

    Section 401 of the Aviation Safety and Noise Abatement Act of 1979 
(Public Law 96-193; 94 Stat. 57) is repealed.

SEC. 11. DISCONTINUATION OF AVIATION SAFETY JOURNAL.

    The Administrator of the Federal Aviation Administration may not 
publish, nor contract with any other organization for the publication 
of, the magazine known as the ``Aviation Safety Journal''. Any existing 
contract for publication of the magazine shall be cancelled within 30 
days after the date of enactment of this Act.

SEC. 12. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DENSITY AIRPORTS.

    (a) In General.--Title IV of the Federal Aviation Act of 1958 (49 
App. U.S.C. 1371 et seq.) is amended by adding at the end the 
following:

``SEC. 420. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DENSITY AIRPORTS.

    ``(a) In General.--The Secretary shall not take a slot at a high 
density airport from an air carrier and award such slot to a foreign 
air carrier if the Secretary determines that air carriers are not 
provided equivalent rights of access to airports in the country of 
which such foreign air carrier is a citizen.
    ``(b) Definitions.--For purposes of this section--
            ``(1) High density airport.--The term `high density 
        airport' means an airport at which the Administrator limits the 
        number of instrument flight rule takeoffs and landings of an 
        aircraft.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(3) Slot.--The term `slot' means a reservation, by an air 
        carrier at an airport, for an instrument flight rule takeoff or 
        landing of an aircraft in air transportation.''.
    (b) Conforming Amendment.--The portion of the table of contents of 
the Federal Aviation Act of 1958 relating to title IV is amended by 
adding at the end the following new item:

``Sec. 420. Access of foreign air carriers to high density airports.
        ``(a) In general.
        ``(b) Definitions.''.

SEC. 13. AIR SERVICE TERMINATION NOTICE.

    (a) In General.--(1) Title IV of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1371 et seq.), as amended by this Act, is further 
amended by adding at the end the following new section:

``SEC. 421. AIR SERVICE TERMINATION NOTICE.

    ``(a) In General.--An air carrier may not terminate air 
transportation to any point, unless such air carrier has given the 
Secretary, each appropriate State agency, and each affected community 
at least 60 days' notice before such termination.
    ``(b) Emergency Exception.--On a case-by-case basis, the Secretary 
may modify or waive the requirements of subsection (a) for an air 
carrier experiencing a sudden and unforeseen financial emergency, if 
the Secretary finds that such requirements impose undue hardship on 
such air carrier.''.
    (2) The portion of the table of contents of the Federal Aviation 
Act of 1958 relating to title IV, as amended by this Act, is further 
amended by inserting immediately after the item relating to section 420 
the following new item:

``Sec. 421. Air service termination notice.
        ``(a) In general.
        ``(b) Emergency exceptions.''.
    (b) Civil Penalties.--Section 901(a)(1) of the Federal Aviation Act 
of 1958 (49 App. U.S.C. 1471(a)(1)) is amended by inserting ``section 
421 or'' immediately after ``$10,000 for each violation of''.

SEC. 14. COOPERATIVE AGREEMENTS FOR RESEARCH, ENGINEERING, AND 
              DEVELOPMENT.

    (a) In General.--Section 312 of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1353) is amended by adding at the end the following new 
subsection:
    ``(j) Cooperative Agreements.--The Administrator may enter into 
cooperative agreements on a cost-shared basis with Federal and non-
Federal entities that the Administrator may select in order to conduct, 
encourage, and promote aviation research, engineering, and development, 
including the development of prototypes and demonstration models.''.
    (b) Conforming Amendment.--The table of contents of the Federal 
Aviation Act of 1958 is amended by adding at the end of the item 
relating to section 312 the following:

``(j) Cooperative agreements.''.

SEC. 15. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.

    (a) Study.--(1) Within thirty days after the date of enactment of 
this Act, the Secretary of Transportation, in cooperation with the 
National Transportation Safety Board, the National Guard, and the 
Juneau International Airport, shall undertake a study of the safety of 
the approaches to the Juneau International Airport.
    (2) Such study shall examine--
            (A) the crash of Alaska Airlines Flight 1866 on September 
        4, 1971;
            (B) the crash of a Lear Jet on October 22, 1985;
            (C) the crash of an Alaska Army National Guard aircraft on 
        November 12, 1992;
            (D) the adequacy of NAVAIDS in the vicinity of the Juneau 
        International Airport;
            (E) the possibility of confusion between the Sisters Island 
        directional beacon and the Coghlan Island directional beacon;
            (F) the need for a singular Approach Surveillance Radar 
        site on top of Heintzleman Ridge;
            (G) the need for a Terminal Very High Frequency Omni-
        Directional Range (Terminal VOR) navigational aid in Gastineau 
        Channel; and
            (H) any other matters any of the parties named in paragraph 
        (1) think appropriate to the safety of aircraft approaching or 
        leaving the Juneau International Airport.
    (b) Report.--(1) Within six months after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives a report which--
            (A) details the matters considered by the study;
            (B) summarizes any conclusions reached by the participants 
        in the study;
            (C) proposes specific recommendations to improve or enhance 
        the safety of aircraft approaching or leaving the Juneau 
        International Airport, or contains a detailed explanation of 
        why no recommendations are being proposed;
            (D) estimates the cost of any proposed recommendations; and
            (E) includes any other matters the Secretary deems 
        appropriate.
    (2) The report shall include any minority views if consensus is not 
reached among the parties listed in subsection (a)(1).

SEC. 16. SOLDOTNA AIRPORT IMPROVEMENT.

    (a) Release.--Notwithstanding section 16 of the Federal Airport Act 
(as in effect on December 12, 1963), the Secretary of Transportation is 
authorized, subject to the provisions of section 4 of the Act of 
October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of 
subsection (b) of this section, to grant releases from any of the 
terms, conditions, reservations, and restrictions contained in the deed 
of conveyance dated December 12, 1963, under which the United States 
conveyed certain property to the city of Soldotna, Alaska, for airport 
purposes.
    (b) Conditions.--Any release granted under subsection (a) shall be 
subject to the following conditions:
            (1) The city of Soldotna, Alaska, shall agree that, in 
        conveying any interest in the property which the United States 
        conveyed to the city by deed dated December 12, 1963, the city 
        will receive an amount for such interest which is equal to the 
        fair market value (as determined pursuant to regulations issued 
        by the Secretary of Transportation).
            (2) Any such amount so received by the city shall be used 
        by the city for the development, improvement, operation, or 
        maintenance of a public airport.

SEC. 17. TECHNICAL AMENDMENTS.

    (a) Definitions.--Section 503(a)(2)(B) of the Airport and Airway 
Improvement Act of 1982 (49 App. U.S.C. 2202(a)(2)(B)) is amended by 
moving clauses (vii) and (viii) 2 ems to the right.
    (b) Airport Plans.--Section 504(a)(1) of the Airport and Airway 
Improvement Act of 1982 (49 App. U.S.C. 2203(a)(1)) is amended by 
redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), 
respectively.
    (c) Certain Project Costs.--Section 513(b)(4) of the Airport and 
Airway Improvement Act of 1982 (49 App. U.S.C. 2212(b)(4)) is amended--
            (1) by inserting ``or (in the case of a commercial service 
        airport which annually has less than 0.05 percent of the total 
        enplanements in the United States) between January 1, 1992, and 
        October 31, 1992,'' immediately after ``July 12, 1976,''; and
            (2) by adding at the end the following new subparagraph:
            ``(D) That, with respect to a project at a commercial 
        service airport which annually has less than 0.05 percent of 
        the total enplanements in the United States, the Secretary may 
        approve the use of the funds described under paragraph (2), 
        notwithstanding the provisions of section 511(a)(16) and 
        515.''.

SEC. 18. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.

    Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 
(relating to expenditure from Airport and Airway Trust Fund) is amended 
by striking ``(as such Acts were in effect on the date of the enactment 
of the Airport and Airway Safety, Capacity, Noise Improvement, and 
Intermodal Transportation Act of 1992)'' and inserting in lieu thereof 
``(as such Acts were in effect on the date of the enactment of the 
Federal Aviation Administration Authorization Act of 1993)''.

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