Calendar No. 282

103D CONGRESS

1ST SESSION S. 1491

[Report No. 103–181]

A BILL

To amend the Airport and Airway Improvement

other purposes.Act of 1982 to authorize appropriations, and for

NOVEMBER 12, 1993

Reported with an amendment
II

Calendar No. 282

103D CONGRESS

1ST SESSION S. 1491

[Report No. 103–181]

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 (for himself and Mr. EXON) introduced the following bill; which was

read twice and referred to the Committee on Commerce, Science, and

Transportation

NOVEMBER 12, 1993

Reported under authority of the order of the Senate of November 11

(legislative day, November 2), 1993 by Mr. HOLLINGS, with an amendment

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

A BILL

To amend the Airport and Airway Improvement Act of 1982

to authorize appropriations, and for other purposes.

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

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Aviation Ad5 ministration Authorization Act of 1993’’.
2

•S 1491 RS

1 SEC. 2. AIRPORT IMPROVEMENT PROGRAM AUTHORIZA2 TION.

3 (a) AUTHORIZATION.—The second sentence of sec4 tion 505(a) of the Airport and Airway Improvement Act

5 of 1982 (49 App. U.S.C. 2204(a)) is amended—

6 (1) by striking ‘‘and’’ immediately after

7 ‘‘1992,’’; and

8 (2) by inserting ‘‘, and $18,016,700,000 for fis9 cal years ending before October 1, 1994’’ imme10 diately before the period at the end.

11 (b) DISCRETIONARY FUND.—Section 505(a) of the

12 Airport and Airway Improvement Act of 1982 (49 App.

13 U.S.C. 2204(a)) is further amended by inserting imme14 diately after the second sentence the following new sen15 tence: ‘‘If the obligation limitation on the amount made

16 available under this subsection for fiscal year 1994 is less

17 than $1,800,000,000 and not less than $1,700,000,000,

18 then $50,000,000 of such amount shall be credited to the

19 discretionary fund established by section 507(c), without

20 apportionment; and if the obligation limitation on the

21 amount made available under this subsection for fiscal

22 year 1994 is less than $1,700,000,000, then $100,000,000

23 of such amount shall be credited to such discretionary

24 fund, without apportionment.’’.

25 (c) OBLIGATIONAL AUTHORITY.—Section 505(b)(1)

26 of the Airport and Airway Improvement Act of 1982 (49
3

•S 1491 RS

1 App. U.S.C. 2204(b)(1)) is amended by striking ‘‘1993’’

2 and inserting in lieu thereof ‘‘1994’’.

3 SEC. 3. DEFINITION OF AIRPORT DEVELOPMENT.

4 Section 503(a)(2)(B)(ii) of the Airport and Airway

5 Improvement Act of 1982 (49 App. U.S.C.

6 2202(a)(2)(B)(ii)) is amended by inserting ‘‘(including ex7 plosive detection devices) and universal access systems’’

8 immediately after ‘‘safety or security equipment’’.

9 SEC. 4. AUTHORITY TO CONTINUE LETTERS OF INTENT.

10 Nothwithstanding any other provision of law, the Sec11 retary of Transportation may issue letters of intent under

12 section 513(d) of the Airport and Airway Improvement

13 Act of 1982 (49 App. U.S.C. 2212(d)) and use Airport

14 Improvement Program funds for planning, approving, and

15 administering such letters of intent.

16 SEC. 5. LANDING AIDS AND NAVIGATIONAL EQUIPMENT IN17 VENTORY POOL.

18 Section 506(a) of the Airport and Airway Improve19 ment Act of 1982 (49 App. U.S.C. 2205(a)) is amended

20 by adding at the end the following new paragraph:

21 ‘‘(4) LANDING AIDS AND NAVIGATIONAL EQUIP22 MENT INVENTORY POOL.—

23 ‘‘(A) ESTABLISHMENT OF PROGRAM.—Not

24 later than December 31, 1993, and notwith25 standing any other provision of this title, the
4

•S 1491 RS

1 Secretary shall establish and implement a pro2 gram to purchase and reserve an inventory of

3 precision approach instrument landing system

4 equipment, to be made available on an expe5 dited basis for installation at airports.

6 ‘‘(B) AUTHORIZATION.—No less than

7 $30,000,000 of the amounts appropriated

8 under paragraph (1) for each of the fiscal years

9 1994 and 1995 shall be available for the pur10 pose of carrying out this paragraph, including

11 acquisition, site preparation work, installation,

12 and related expenditures.’’.

13 SEC. 6. MICROWAVE LANDING SYSTEM.

14 Section 506(a) of the Airport and Airway Improve15 ment Act of 1982 (49 App. U.S.C. 2205(a)), as amended

16 by this Act, is further amended by adding at the end the

17 following new paragraph:

18 ‘‘(5) MICROWAVE LANDING SYSTEM.—Notwith19 standing any other provision of law, none of the

20 amounts appropriated under this subsection may be

21 used for the development or procurement of the

22 microwave landing system, except as necessary to

23 meet obligations of the Government under contracts

24 in effect on January 1, 1994.’’.
5

•S 1491 RS

1 SEC. 7. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

2 (a) IN GENERAL.—Section 313 of the Federal Avia3 tion Act of 1958 (49 App. U.S.C. 1354) is amended by

4 adding at the end the following new subsection:

5 ‘‘(g) ASSISTANCE TO FOREIGN AVIATION AUTHORI6 TIES.—The Administrator may provide safety-related

7 training and operational services to foreign aviation au8 thorities with or without reimbursement, if the Adminis9 trator determines that providing such services promotes

10 aviation safety. To the extent practicable, air travel reim11 bursed under this subsection shall be conducted on United

12 States air carriers.’’.

13 (b) CONFORMING AMENDMENT.—The table of con14 tents of the Federal Aviation Act of 1958 is amended by

15 adding at the end of the item relating to section 313 the

16 following:

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

17 SEC. 8. FOREIGN FEE COLLECTION.

18 Section 313(f) of the Federal Aviation Act of 1958

19 (49 App. U.S.C. 1354(f)) is amended—

20 (1) by redesignating paragraphs (3) and (4) as

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

22 (2) by inserting immediately after paragraph

23 (2) the following new paragraph:

24 ‘‘(3) RECOVERY OF COST OF FOREIGN AVIATION

25 SERVICES.—
6

•S 1491 RS

1 ‘‘(A) ESTABLISHMENT OF FEES.—Not2 withstanding the limitation of paragraph (4),

3 the Administrator may establish and collect fees

4 for providing or carrying out the following avia5 tion services outside the United States: any

6 test, authorization, certificate, permit, rating,

7 evaluation, approval, inspection, or review. Such

8 fees shall be established as necessary to recover

9 the additional cost of providing or carrying out

10 such services outside the United States, as com11 pared to the cost of providing or carrying out

12 such services within the United States.

13 ‘‘(B) CREDITING OF PREESTABLISHED

14 FEES.—Fees described in subparagraph (A)

15 that were not established before the date of en16 actment of the Federal Aviation Administration

17 Authorization Act of 1993 may be credited in

18 accordance with paragraph (5).’’.

19 SEC. 9. REVIEW OF FEDERAL AVIATION ADMINISTRATION.

20 The Administrator of the Federal Aviation Adminis21 tration shall conduct a review of the Federal Aviation Ad22 ministration’s personnel administration, procurement

23 process, and overall organizational structure. The Admin24 istrator shall, not later than March 30, 1994, report on

25 the results of the review to the Committee on Commerce,
7

•S 1491 RS

1 Science, and Transportation of the Senate and the Com2 mittee on Public Works and Transportation of the House

3 of Representatives.

4 SEC. 10. REPEAL OF ANNUAL REPORT REQUIREMENT.

5 Section 401 of the Aviation Safety and Noise Abate6 ment Act of 1979 (Public Law 96–193; 94 Stat. 57) is

7 repealed.

8 SEC. 11. DISCONTINUATION OF AVIATION SAFETY JOUR9 NAL.

10 The Administrator of the Federal Aviation Adminis11 tration may not publish, nor contract with any other orga12 nization for the publication of, the magazine known as the

13 ‘‘Aviation Safety Journal’’. Any existing contract for pub14 lication of the magazine shall be cancelled within 30 days

15 after the date of enactment of this Act.

16 SEC. 12. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DEN17 SITY AIRPORTS.

18 (a) IN GENERAL.—Title IV of the Federal Aviation

19 Act of 1958 (49 App. U.S.C. 1371 et seq.) is amended

20 by adding at the end the following:

21 ‘‘SEC. 420. ACCESS OF FOREIGN AIR CARRIERS TO HIGH

22 DENSITY AIRPORTS.

23 ‘‘(a) IN GENERAL.—The Secretary shall not take a

24 slot at a high density airport from an air carrier and

25 award such slot to a foreign air carrier if the Secretary
8

•S 1491 RS

1 determines that air carriers are not provided equivalent

2 rights of access to airports in the country of which such

3 foreign air carrier is a citizen.

4 ‘‘(b) DEFINITIONS.—For purposes of this section—

5 ‘‘(1) HIGH DENSITY AIRPORT.—The term ‘high

6 density airport’ means an airport at which the Ad7 ministrator limits the number of instrument flight

8 rule takeoffs and landings of an aircraft.

9 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

10 the Secretary of Transportation.

11 ‘‘(3) SLOT.—The term ‘slot’ means a reserva12 tion, by an air carrier at an airport, for an instru13 ment flight rule takeoff or landing of an aircraft in

14 air transportation.’’.

15 (b) CONFORMING AMENDMENT.—The portion of the

16 table of contents of the Federal Aviation Act of 1958 re17 lating to title IV is amended by adding at the end the

18 following new item:

‘‘Sec. 420. Access of foreign air carriers to high density airports.

‘‘(a) In general.

‘‘(b) Definitions.’’.

19 SEC. 13. AIR SERVICE TERMINATION NOTICE.

20 (a) IN GENERAL.—(1) Title IV of the Federal Avia21 tion Act of 1958 (49 App. U.S.C. 1371 et seq.), as amend22 ed by this Act, is further amended by adding at the end

23 the following new section:
9

•S 1491 RS

1 ‘‘SEC. 421. AIR SERVICE TERMINATION NOTICE.

2 ‘‘(a) IN GENERAL.—An air carrier may not terminate

3 air transportation to any point, unless such air carrier has

4 given the Secretary, each appropriate State agency, and

5 each affected community at least 60 days’ notice before

6 such termination.

7 ‘‘(b) EMERGENCY EXCEPTION.—On a case-by-case

8 basis, the Secretary may modify or waive the requirements

9 of subsection (a) for an air carrier experiencing a sudden

10 and unforeseen financial emergency, if the Secretary finds

11 that such requirements impose undue hardship on such

12 air carrier.’’.

13 (2) The portion of the table of contents of the Federal

14 Aviation Act of 1958 relating to title IV, as amended by

15 this Act, is further amended by inserting immediately

16 after the item relating to section 420 the following new

17 item:

‘‘Sec. 421. Air service termination notice.

‘‘(a) In general.

‘‘(b) Emergency exceptions.’’.

18 (b) CIVIL PENALTIES.—Section 901(a)(1) of the

19 Federal Aviation Act of 1958 (49 App. U.S.C. 1471(a)(1))

20 is amended by inserting ‘‘section 421 or’’ immediately

21 after ‘‘$10,000 for each violation of’’.
10

•S 1491 RS

1 SEC. 14. COOPERATIVE AGREEMENTS FOR RESEARCH, EN2 GINEERING, AND DEVELOPMENT.

3 (a) IN GENERAL.—Section 312 of the Federal Avia4 tion Act of 1958 (49 App. U.S.C. 1353) is amended by

5 adding at the end the following new subsection:

6 ‘‘(j) COOPERATIVE AGREEMENTS.—The Adminis7 trator may enter into cooperative agreements on a cost8 shared basis with Federal and non-Federal entities that

9 the Administrator may select in order to conduct, encour10 age, and promote aviation research, engineering, and de11 velopment, including the development of prototypes and

12 demonstration models.’’.

13 (b) CONFORMING AMENDMENT.—The table of con14 tents of the Federal Aviation Act of 1958 is amended by

15 adding at the end of the item relating to section 312 the

16 following:

‘‘(j) Cooperative agreements.’’.

17 SEC. 15. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.

18 (a) STUDY.—(1) Within thirty days after the date of

19 enactment of this Act, the Secretary of Transportation,

20 in cooperation with the National Transportation Safety

21 Board, the National Guard, and the Juneau International

22 Airport, shall undertake a study of the safety of the ap23 proaches to the Juneau International Airport.

24 (2) Such study shall examine—
11

•S 1491 RS

1 (A) the crash of Alaska Airlines Flight 1866 on

2 September 4, 1971;

3 (B) the crash of a Lear Jet on October 22,

4 1985;

5 (C) the crash of an Alaska Army National

6 Guard aircraft on November 12, 1992;

7 (D) the adequacy of NAVAIDS in the vicinity

8 of the Juneau International Airport;

9 (E) the possibility of confusion between the Sis10 ters Island directional beacon and the Coghlan Is11 land directional beacon;

12 (F) the need for a singular Approach Surveil13 lance Radar site on top of Heintzleman Ridge;

14 (G) the need for a Terminal Very High Fre15 quency Omni-Directional Range (Terminal VOR)

16 navigational aid in Gastineau Channel; and

17 (H) any other matters any of the parties named

18 in paragraph (1) think appropriate to the safety of

19 aircraft approaching or leaving the Juneau Inter20 national Airport.

21 (b) REPORT.—(1) Within six months after the date

22 of enactment of this Act, the Secretary of Transportation

23 shall submit to the Committee on Commerce, Science, and

24 Transportation of the Senate and the Committee on Pub-
12

•S 1491 RS

1 lic Works and Transportation of the House of Representa2 tives a report which—

3 (A) details the matters considered by the study;

4 (B) summarizes any conclusions reached by the

5 participants in the study;

6 (C) proposes specific recommendations to im7 prove or enhance the safety of aircraft approaching

8 or leaving the Juneau International Airport, or con9 tains a detailed explanation of why no recommenda10 tions are being proposed;

11 (D) estimates the cost of any proposed rec12 ommendations; and

13 (E) includes any other matters the Secretary

14 deems appropriate.

15 (2) The report shall include any minority views if con16 sensus is not reached among the parties listed in sub17 section (a)(1).

18 SEC. 16. SOLDOTNA AIRPORT IMPROVEMENT.

19 (a) RELEASE.—Notwithstanding section 16 of the

20 Federal Airport Act (as in effect on December 12, 1963),

21 the Secretary of Transportation is authorized, subject to

22 the provisions of section 4 of the Act of October 1, 1949

23 (50 App. U.S.C. 1622c), and the provisions of subsection

24 (b) of this section, to grant releases from any of the terms,

25 conditions, reservations, and restrictions contained in the
13

•S 1491 RS

1 deed of conveyance dated December 12, 1963, under

2 which the United States conveyed certain property to the

3 city of Soldotna, Alaska, for airport purposes.

4 (b) CONDITIONS.—Any release granted under sub5 section (a) shall be subject to the following conditions:

6 (1) The city of Soldotna, Alaska, shall agree

7 that, in conveying any interest in the property which

8 the United States conveyed to the city by deed dated

9 December 12, 1963, the city will receive an amount

10 for such interest which is equal to the fair market

11 value (as determined pursuant to regulations issued

12 by the Secretary of Transportation).

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

14 shall be used by the city for the development, im15 provement, operation, or maintenance of a public

16 airport.

17 SEC. 17. TECHNICAL AMENDMENTS.

18 (a) DEFINITIONS.—Section 503(a)(2)(B) of the Air19 port and Airway Improvement Act of 1982 (49 App.

20 U.S.C. 2202(a)(2)(B)) is amended by moving clauses (vii)

21 and (viii) 2 ems to the right.

22 (b) AIRPORT PLANS.—Section 504(a)(1) of the Air23 port and Airway Improvement Act of 1982 (49 App.

24 U.S.C. 2203(a)(1)) is amended by redesignating clauses

25 (1), (2), and (3) as clauses (A), (B), and (C), respectively.
14

•S 1491 RS

1 (c) CERTAIN PROJECT COSTS.—Section 513(b)(4) of

2 the Airport and Airway Improvement Act of 1982 (49

3 App. U.S.C. 2212(b)(4)) is amended—

4 (1) by inserting ‘‘or (in the case of a commer5 cial service airport which annually has less than 0.05

6 percent of the total enplanements in the United

7 States) between January 1, 1992, and October 31,

8 1992,’’ immediately after ‘‘July 12, 1976,’’; and

9 (2) by adding at the end the following new sub10 paragraph:

11 ‘‘(D) That, with respect to a project at a com12 mercial service airport which annually has less than

13 0.05 percent of the total enplanements in the United

14 States, the Secretary may approve the use of the

15 funds described under paragraph (2), notwithstand16 ing the provisions of section 511(a)(16) and 515.’’.

17 SEC. 18. EXPENDITURES FROM AIRPORT AND AIRWAY

18 TRUST FUND.

19 Section 9502(d)(1)(A) of the Internal Revenue Code

20 of 1986 (relating to expenditure from Airport and Airway

21 Trust Fund) is amended by striking ‘‘(as such Acts were

22 in effect on the date of the enactment of the Airport and

23 Airway Safety, Capacity, Noise Improvement, and Inter24 modal Transportation Act of 1992)’’ and inserting in lieu

25 thereof ‘‘(as such Acts were in effect on the date of the
15

•S 1491 RS

1 enactment of the Federal Aviation Administration Author2 ization Act of 1993)’’.

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Aviation Ad5 ministration Authorization Act of 1993’’.

6 SEC. 2. AIRPORT IMPROVEMENT PROGRAM AUTHORIZA7 TION.

8 (a) AUTHORIZATION.—The second sentence of section

9 505(a) of the Airport and Airway Improvement Act of 1982

10 (49 App. U.S.C. 2204(a)) is amended—

11 (1) by striking ‘‘and’’ immediately after ‘‘1992,’’;

12 and

13 (2) by inserting ‘‘, and $18,016,700,000 for fiscal

14 years ending before October 1, 1994’’ immediately be15 fore the period at the end.

16 (b) DISCRETIONARY FUND.—Section 505(a) of the Air17 port and Airway Improvement Act of 1982 (49 App. U.S.C.

18 2204(a)) is further amended by inserting immediately after

19 the second sentence the following new sentence: ‘‘If the obli20 gation limitation on the amount made available under this

21 subsection for fiscal year 1994 is less than $1,800,000,000

22 and not less than $1,700,000,000, then $50,000,000 of such

23 amount shall be credited to the discretionary fund estab24 lished by section 507(c), without apportionment and with25 out regard to the distribution requirements of sections 507
16

•S 1491 RS

1 and 508; and if the obligation limitation on the amount

2 made available under this subsection for fiscal year 1994

3 is less than $1,700,000,000, then $100,000,000 of such

4 amount shall be credited to such discretionary fund, with5 out apportionment and without regard to the distribution

6 requirements of sections 507 and 508.’’.

7 (c) OBLIGATIONAL AUTHORITY.—Section 505(b)(1) of

8 the Airport and Airway Improvement Act of 1982 (49 App.

9 U.S.C. 2204(b)(1)) is amended by striking ‘‘1993’’ and in10 serting in lieu thereof ‘‘1994’’.

11 SEC. 3. DEFINITION OF AIRPORT DEVELOPMENT.

12 Section 503(a)(2)(B)(ii) of the Airport and Airway

13 Improvement Act of 1982 (49 App. U.S.C.

14 2202(a)(2)(B)(ii)) is amended by inserting ‘‘(including ex15 plosive detection devices) and universal access systems’’ im16 mediately after ‘‘safety or security equipment’’.

17 SEC. 4. AUTHORITY TO CONTINUE LETTERS OF INTENT.

18 Notwithstanding any other provision of law, the Sec19 retary of Transportation may issue letters of intent under

20 section 513(d) of the Airport and Airway Improvement Act

21 of 1982 (49 App. U.S.C. 2212(d)) and use Airport Improve22 ment Program funds for planning, approving, and admin23 istering such letters of intent.
17

•S 1491 RS

1 SEC. 5. LANDING AIDS AND NAVIGATIONAL EQUIPMENT IN2 VENTORY POOL.

3 Section 506(a) of the Airport and Airway Improve4 ment Act of 1982 (49 App. U.S.C. 2205(a)) is amended by

5 adding at the end the following new paragraph:

6 ‘‘(4) LANDING AIDS AND NAVIGATIONAL EQUIP7 MENT INVENTORY POOL.—

8 ‘‘(A) ESTABLISHMENT OF PROGRAM.—Not

9 later than December 31, 1993, and notwithstand10 ing any other provision of this title, the Sec11 retary shall establish and implement a program

12 to purchase and reserve an inventory of preci13 sion approach instrument landing system equip14 ment, to be made available on an expedited basis

15 for installation at airports.

16 ‘‘(B) AUTHORIZATION.—No less than

17 $30,000,000 of the amounts appropriated under

18 paragraph (1) for each of the fiscal years 1994

19 and 1995 shall be available for the purpose of

20 carrying out this paragraph, including acquisi21 tion, site preparation work, installation, and re22 lated expenditures.’’.

23 SEC. 6. MICROWAVE LANDING SYSTEM.

24 Section 506(a) of the Airport and Airway Improve25 ment Act of 1982 (49 App. U.S.C. 2205(a)), as amended
18

•S 1491 RS

1 by this Act, is further amended by adding at the end the

2 following new paragraph:

3 ‘‘(5) MICROWAVE LANDING SYSTEM.—Notwith4 standing any other provision of law, none of the

5 amounts appropriated under this subsection may be

6 used for the development or procurement of the micro7 wave landing system, except as necessary to meet obli8 gations of the Government that may arise under con9 tracts in effect on January 1, 1994.’’.

10 SEC. 7. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

11 (a) IN GENERAL.—Section 313 of the Federal Aviation

12 Act of 1958 (49 App. U.S.C. 1354) is amended by adding

13 at the end the following new subsection:

14 ‘‘(g) ASSISTANCE TO FOREIGN AVIATION AUTHORI15 TIES.—The Administrator may provide safety-related

16 training and operational services to foreign aviation au17 thorities with or without reimbursement, if the Adminis18 trator determines that providing such services promotes

19 aviation safety. To the extent practicable, air travel reim20 bursed under this subsection shall be conducted on United

21 States air carriers.’’.

22 (b) CONFORMING AMENDMENT.—The table of contents

23 of the Federal Aviation Act of 1958 is amended by adding

24 at the end of the item relating to section 313 the following:

‘‘(g) Assistance to foreign aviation authorities.’’.
19

•S 1491 RS

1 SEC. 8. FOREIGN FEE COLLECTION.

2 Section 313(f) of the Federal Aviation Act of 1958 (49

3 App. U.S.C. 1354(f)) is amended—

4 (1) by redesignating paragraphs (3) and (4) as

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

6 (2) by inserting immediately after paragraph (2)

7 the following new paragraph:

8 ‘‘(3) RECOVERY OF COST OF FOREIGN AVIATION

9 SERVICES.—

10 ‘‘(A) ESTABLISHMENT OF FEES.—Notwith11 standing the limitation of paragraph (4), the

12 Administrator may establish and collect fees for

13 providing or carrying out the following aviation

14 services outside the United States: any test, au15 thorization, certificate, permit, rating, evalua16 tion, approval, inspection, or review. Such fees

17 shall be established as necessary to recover the

18 additional cost of providing or carrying out such

19 services outside the United States, as compared

20 to the cost of providing or carrying out such

21 services within the United States. The provisions

22 of this paragraph do not limit the Administra23 tor’s authority to establish and collect fees per24 mitted under section 334 of title 49, United

25 States Code.
20

•S 1491 RS

1 ‘‘(B) CREDITING OF PREESTABLISHED

2 FEES.—Fees described in subparagraph (A) that

3 were not established before the date of enactment

4 of the Federal Aviation Administration Author5 ization Act of 1993 may be credited in accord6 ance with paragraph (5).’’.

7 SEC. 9. REVIEW OF FEDERAL AVIATION ADMINISTRATION.

8 The Administrator of the Federal Aviation Adminis9 tration shall conduct a review of the Federal Aviation Ad10 ministration’s personnel administration, procurement proc11 ess, and overall organizational structure. The Adminis12 trator shall, not later than March 30, 1994, report on the

13 results of the review to the Committee on Commerce,

14 Science, and Transportation of the Senate and the Commit15 tee on Public Works and Transportation of the House of

16 Representatives.

17 SEC. 10. REPEAL OF ANNUAL REPORT REQUIREMENT.

18 Section 401 of the Aviation Safety and Noise Abate19 ment Act of 1979 (Public Law 96–193; 94 Stat. 57) is re20 pealed.

21 SEC. 11. DISCONTINUATION OF AVIATION SAFETY JOUR22 NAL.

23 The Administrator of the Federal Aviation Adminis24 tration may not publish, nor contract with any other orga25 nization for the publication of, the magazine known as the
21

•S 1491 RS

1 ‘‘Aviation Safety Journal’’. Any existing contract for publi2 cation of the magazine shall be cancelled within 30 days

3 after the date of enactment of this Act.

4 SEC. 12. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DEN5 SITY AIRPORTS.

6 (a) IN GENERAL.—Title IV of the Federal Aviation Act

7 of 1958 (49 App. U.S.C. 1371 et seq.) is amended by adding

8 at the end the following:

9 ‘‘SEC. 420. ACCESS OF FOREIGN AIR CARRIERS TO HIGH

10 DENSITY AIRPORTS.

11 ‘‘(a) IN GENERAL.—The Secretary shall not take a slot

12 at a high density airport from an air carrier and award

13 such slot to a foreign air carrier if the Secretary determines

14 that air carriers are not provided equivalent rights of access

15 to airports in the country of which such foreign air carrier

16 is a citizen.

17 ‘‘(b) DEFINITIONS.—For purposes of this section—

18 ‘‘(1) HIGH DENSITY AIRPORT.—The term ‘high

19 density airport’ means an airport at which the Ad20 ministrator limits the number of instrument flight

21 rule takeoffs and landings of an aircraft.

22 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

23 the Secretary of Transportation.

24 ‘‘(3) SLOT.—The term ‘slot’ means a reservation,

25 by an air carrier at an airport, for an instrument
22

•S 1491 RS

1 flight rule takeoff or landing of an aircraft in air

2 transportation.’’.

3 (b) CONFORMING AMENDMENT.—The portion of the

4 table of contents of the Federal Aviation Act of 1958 relat5 ing to title IV is amended by adding at the end the follow6 ing new item:

‘‘Sec. 420. Access of foreign air carriers to high density airports.

‘‘(a) In general.

‘‘(b) Definitions.’’.

7 SEC. 13. AIR SERVICE TERMINATION NOTICE.

8 (a) IN GENERAL.—(1) Title IV of the Federal Aviation

9 Act of 1958 (49 App. U.S.C. 1371 et seq.), as amended by

10 this Act, is further amended by adding at the end the follow11 ing new section:

12 ‘‘SEC. 421. AIR SERVICE TERMINATION NOTICE.

13 ‘‘(a) IN GENERAL.—An air carrier may not terminate

14 air transportation from a nonhub airport included on the

15 Secretary’s latest published list of such airports, unless such

16 air carrier has given the Secretary at least 60 days’ notice

17 before such termination.

18 ‘‘(b) EXCEPTIONS.—The Secretary shall not apply the

19 requirements of subsection (a) when—

20 ‘‘(1) the carrier involved is experiencing a sud21 den or unforeseen financial emergency, including nat22 ural weather-related emergencies, equipment-related

23 emergencies, and strikes;
23

•S 1491 RS

1 ‘‘(2) the termination of transportation is made

2 for seasonal purposes only;

3 ‘‘(3) the transportation subject to termination is

4 a new service and the termination is made pursuant

5 to an agreement between the carrier and the local air6 port authority concerning the circumstances under

7 which the new service may be terminated;

8 ‘‘(4) the carrier involved provides other transpor9 tation by jet from another airport serving the same

10 community as the affected nonhub airport; or

11 ‘‘(5) the carrier involved makes alternative ar12 rangements, such as a change of aircraft size, or other

13 types of arrangements with a part 121 or part 135

14 air carrier, that continues uninterrupted service from

15 the affected nonhub airport.

16 ‘‘(c) WAIVERS FOR REGIONAL/COMMUTER CAR17 RIERS.—Prior to April 1, 1994, the Secretary shall estab18 lish terms and conditions under which regional/commuter

19 carriers can be excluded from the termination notice re20 quirement.

21 ‘‘(d) DEFINITIONS.— For purposes of this section—

22 ‘‘(1) NONHUB AIRPORT.—The term ‘nonhub air23 port’ has the meaning that term has under section

24 419(k)(4).
24

•S 1491 RS

1 ‘‘(2) PART 121 AIR CARRIER.—The term ‘part

2 121 air carrier’ means an air carrier to which part

3 121 of title 14, Code of Federal Regulations, applies.

4 ‘‘(3) PART 135 AIR CARRIER.—The term ‘part

5 135 air carrier’ means an air carrier to which part

6 135 of title 14, Code of Federal Regulations, applies.

7 ‘‘(4) REGIONAL/COMMUTER CARRIERS.—The

8 term ‘regional/commuter carrier’ means—

9 ‘‘(A) a part 135 air carrier; or

10 ‘‘(B) a part 121 air carrier that provides

11 air transportation exclusively with aircraft hav12 ing a seating capacity of no more than 70 pas13 sengers.

14 ‘‘(5) TERMINATION.—The term ‘termination’

15 means the cessation of all service at an airport by an

16 air carrier.’’.

17 (2) The portion of the table of contents of the Federal

18 Aviation Act of 1958 relating to title IV, as amended by

19 this Act, is further amended by inserting immediately after

20 the item relating to section 420 the following new item:

‘‘Sec. 421. Air service termination notice.

‘‘(a) In general.

‘‘(b) Exceptions.

‘‘(c) Waivers for regional/commuter carriers.

‘‘(d) Definitions.’’.

21 (b) CIVIL PENALTIES.—Section 901(a)(1) of the Fed22 eral Aviation Act of 1958 (49 App. U.S.C. 1471(a)(1)) is
25

•S 1491 RS

1 amended by inserting ‘‘section 421 or’’ immediately after

2 ‘‘$10,000 for each violation of’’.

3 (c) EFFECTIVE DATE.—The amendments made by this

4 section shall be effective beginning on April 1, 1994.

5 SEC. 14. COOPERATIVE AGREEMENTS FOR RESEARCH, EN6 GINEERING, AND DEVELOPMENT.

7 (a) IN GENERAL.—Section 312 of the Federal Aviation

8 Act of 1958 (49 App. U.S.C. 1353) is amended by adding

9 at the end the following new subsection:

10 ‘‘(j) COOPERATIVE AGREEMENTS.—The Administrator

11 may enter into cooperative agreements on a cost-shared

12 basis with Federal and non-Federal entities that the Ad13 ministrator may select in order to conduct, encourage, and

14 promote aviation research, engineering, and development,

15 including the development of prototypes and demonstration

16 models.’’.

17 (b) CONFORMING AMENDMENT.—The table of contents

18 of the Federal Aviation Act of 1958 is amended by adding

19 at the end of the item relating to section 312 the following:

‘‘(j) Cooperative agreements.’’.

20 SEC. 15. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.

21 (a) STUDY.—(1) Within 30 days after the date of en22 actment of this Act, the Secretary of Transportation, in co23 operation with the National Transportation Safety Board,

24 the National Guard, and the Juneau International Airport,
26

•S 1491 RS

1 shall undertake a study of the safety of the approaches to

2 the Juneau International Airport.

3 (2) Such study shall examine—

4 (A) the crash of Alaska Airlines Flight 1866 on

5 September 4, 1971;

6 (B) the crash of a Lear Jet on October 22, 1985;

7 (C) the crash of an Alaska Army National

8 Guard aircraft on November 12, 1992;

9 (D) the adequacy of NAVAIDS in the vicinity of

10 the Juneau International Airport;

11 (E) the possibility of confusion between the Sis12 ters Island directional beacon and the Coghlan Island

13 directional beacon;

14 (F) the need for a singular Approach Surveil15 lance Radar site on top of Heintzleman Ridge;

16 (G) the need for a Terminal Very High Fre17 quency Omni-Directional Range (Terminal VOR)

18 navigational aid in Gastineau Channel; and

19 (H) any other matters any of the parties named

20 in paragraph (1) think appropriate to the safety of

21 aircraft approaching or leaving the Juneau Inter22 national Airport.

23 (b) REPORT.—(1) Within 6 months after the date of

24 enactment of this Act, the Secretary of Transportation shall

25 submit to the Committee on Commerce, Science, and Trans-
27

•S 1491 RS

1 portation of the Senate and the Committee on Public Works

2 and Transportation of the House of Representatives a re3 port which—

4 (A) details the matters considered by the study;

5 (B) summarizes any conclusions reached by the

6 participants in the study;

7 (C) proposes specific recommendations to im8 prove or enhance the safety of aircraft approaching or

9 leaving the Juneau International Airport, or contains

10 a detailed explanation of why no recommendations

11 are being proposed;

12 (D) estimates the cost of any proposed rec13 ommendations; and

14 (E) includes any other matters the Secretary

15 deems appropriate.

16 (2) The report shall include any minority views if con17 sensus is not reached among the parties listed in subsection

18 (a)(1).

19 SEC. 16. SOLDOTNA AIRPORT IMPROVEMENT.

20 (a) RELEASE.—Notwithstanding section 16 of the Fed21 eral Airport Act (as in effect on December 12, 1963), the

22 Secretary of Transportation is authorized, subject to the

23 provisions of section 4 of the Act of October 1, 1949 (50

24 App. U.S.C. 1622c), and the provisions of subsection (b)

25 of this section, to grant releases from any of the terms, con-
28

•S 1491 RS

1 ditions, reservations, and restrictions contained in the deed

2 of conveyance dated December 12, 1963, under which the

3 United States conveyed certain property to the city of

4 Soldotna, Alaska, for airport purposes.

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

7 (1) The city of Soldotna, Alaska, shall agree

8 that, in conveying any interest in the property which

9 the United States conveyed to the city by deed dated

10 December 12, 1963, the city will receive an amount

11 for such interest which is equal to the fair market

12 value (as determined pursuant to regulations issued

13 by the Secretary of Transportation).

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

15 shall be used by the city for the development, improve16 ment, operation, or maintenance of a public airport.

17 SEC. 17. ROLLA AIRPORT IMPROVEMENT.

18 (a) AUTHORIZATION TO GRANT RELEASES.—Notwith19 standing section 16 of the Federal Airport Act (as in effect

20 on December 30, 1957), the Secretary of Transportation is

21 authorized, subject to the provisions of section 4 of the Act

22 of October 1, 1949 (50 App. U.S.C. 1622c), and the provi23 sions of subsection (b) of this section, to grant releases from

24 any of the terms, conditions, reservations, and restrictions

25 contained in the deed of conveyance dated December 30,
29

•S 1491 RS

1 1957, or any other deed of conveyance dated after such date

2 and before the date of enactment of this Act, under which

3 the United States conveyed certain property to the city of

4 Rolla, Missouri, for airport purposes.

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

7 (1) The city of Rolla, Missouri, shall agree that,

8 in conveying any interest in the property which the

9 United States conveyed to the city by a deed described

10 in subsection (a), the city will receive an amount for

11 such interest which is equal to the fair market value

12 (as determined pursuant to regulations issued by the

13 Secretary of Transportation).

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

15 shall be used by the city for the development, improve16 ment, operation, or maintenance of a public airport.

17 SEC. 18. PALM SPRINGS, CALIFORNIA.

18 (a) AUTHORITY TO GRANT RELEASE.—Notwithstand19 ing section 4 of the Act of October 1, 1949 (50 App. U.S.C.

20 1622c), and subject to the provisions of subsection (b), the

21 Administrator of the Federal Aviation Administration shall

22 grant releases from all of the terms, conditions, reservations,

23 and restrictions contained in the deed of conveyance dated

24 September 15, 1949, under which the United States con25 veyed certain property to Palm Springs, California, for air-
30

•S 1491 RS

1 port purposes. The releases shall apply only to approxi2 mately 11 acres of lot 16 of section 13, and approximately

3 39.07 acres of lots 19 and 20 of section 19, used by the

4 city of Palm Springs, California, for general governmental

5 purposes.

6 (b) CONDITIONS.—Any release granted by the Admin7 istrator of the Federal Aviation Administration under sub8 section (a) shall be subject to the following conditions:

9 (1) The Administrator shall waive any require10 ment that there be credited to the account of the air11 port any amount attributable to the city’s use for gov12 ernmental purposes of any land conveyed under the

13 deed of conveyance referred to in subsection (a) before

14 the date of enactment of this section.

15 (2) The city shall abandon all claims, against

16 income of the Palm Springs Regional Airport or other

17 assets of that airport, for reimbursement of general

18 revenue funds that the city may have expended before

19 the date of enactment of this Act for acquisition of

20 523.39 acres of land conveyed August 28, 1961, for

21 airport purposes and for expenses incurred at any

22 time in connection with such acquisition, and such

23 claims shall not be eligible for reimbursement under

24 the Airport and Airway Improvement Act of 1982 or

25 any successor Act.
31

•S 1491 RS

1 SEC. 19. NOISE ABATEMENT PROGRAMS.

2 (a) SOUNDPROOFING OF CERTAIN RESIDENTIAL

3 BUILDINGS.—Section 104(c)(2) of the Aviation Safety and

4 Noise Abatement Act of 1979 (49 App. U.S.C. 2104(c)(2))

5 is amended—

6 (1) by inserting ‘‘(A)’’ immediately before ‘‘to

7 operators of airports’’; and

8 (2) by striking the period at the end and insert9 ing in lieu thereof ‘‘; and (B) for projects to sound10 proof residential buildings—

11 ‘‘(i) if the operator of the airport involved re12 ceived approval for a grant for a project to sound13 proof residential buildings pursuant to section

14 301(d)(4)(B) of the Airport and Airway Safety and

15 Capacity Expansion Act of 1987;

16 ‘‘(ii) if the operator of the airport involved sub17 mits updated noise exposure contours, as required by

18 the Secretary; and

19 ‘‘(iii) if the Secretary determines that the pro20 posed projects are compatible with the purposes of this

21 Act.’’.

22 (b) SOUNDPROOFING AND ACQUISITION OF CERTAIN

23 RESIDENTIAL PROPERTIES.—Section 104(c) of the Avia24 tion Safety and Noise Abatement Act of 1979 (49 App.

25 U.S.C. 2104(c)) is amended by adding at the end the follow26 ing new paragraph:
32

•S 1491 RS

1 ‘‘(4) SOUNDPROOFING AND ACQUISITION OF CER2 TAIN RESIDENTIAL PROPERTIES.—The Secretary is

3 authorized under this section to make grants to opera4 tors of airports and to units of local government re5 ferred to in paragraph (1) for projects to soundproof

6 residential buildings located on residential properties,

7 and for projects to acquire residential properties, at

8 which noise levels are not compatible with normal op9 erations of an airport—

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

11 amended an existing local aircraft noise regula12 tion during calendar year 1993 to increase the

13 maximum permitted noise levels for scheduled

14 air carrier aircraft as a direct result of imple15 mentation of revised aircraft noise departure

16 procedures mandated for aircraft safety purposes

17 by the Administrator of the Federal Aviation

18 Administration for standardized application at

19 airports served by scheduled air carriers;

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

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

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

24 proposed projects are compatible with the pur25 poses of this Act.’’.
33

•S 1491 RS

1 SEC. 20. RELOCATION OF AIRWAY FACILITIES.

2 Compensation received by the United States for trans3 fer of the San Jacinto Disposal Area by the United States

4 to the City of Galveston, Texas, shall include compensation

5 to be provided to the Federal Aviation Administration for

6 all costs of establishing airway facilities to replace existing

7 airway facilities on the San Jacinto Disposal Area. Such

8 compensation shall include but is not limited to the replace9 ment of the land, clear zones, buildings and equipment, and

10 demolition and disposal of the existing facilities on the San

11 Jacinto Disposal Area.

12 SEC. 21. AUGUSTA STATE AIRPORT WEATHER SERVICES.

13 (a) REQUIREMENT.—(1) The Secretary of Transpor14 tation shall provide for weather observation services, includ15 ing direct radio contact between weather observers and pi16 lots, at Augusta State Airport in Maine.

17 (2) The Secretary of Transportation shall be respon18 sible for the operation and maintenance of equipment nec19 essary to carry out paragraph (1).

20 (b) REIMBURSABLE AGREEMENTS.—The Secretary of

21 Transportation is authorized to enter into a reimbursable

22 agreement with the Maine Department of Transportation

23 for the provision of weather services pursuant to subsection

24 (a).
34

•S 1491 RS

1 SEC. 22. STUDY ON CHILD RESTRAINT SYSTEMS.

2 (a) STUDY.—The Administrator of the Federal Avia3 tion Administration shall conduct a study on the availabil4 ity and effectiveness of restraint systems that may offer pro5 tection to a child carried in the lap of an adult aboard

6 an air carrier aircraft or provide for the attachment of a

7 child restraint device to the aircraft.

8 (b) REPORT.—The Administrator shall submit to the

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

11 and Transportation of the House of Representatives a re12 port on the results of the study required in subsection (a).

13 The report shall be submitted within 6 months after the date

14 of enactment of this Act.

15 SEC. 23. EXCEPTIONS APPLICABLE TO STATE OF HAWAII.

16 (a) DEFINITIONS.—(1) Section 101(24) of the Federal

17 Aviation Act of 1958 (49 App. U.S.C. 1301(24)) is amended

18 by adding at the end the following new sentence: ‘‘For pur19 poses of title IV, the term ‘interstate air transportation’

20 does not include air transportation of passengers commenc21 ing and terminating in the State of Hawaii.’’.

22 (2) Section 101(26) of the Federal Aviation Act of

23 1958 (49 App. U.S.C. 1301(26)) is amended by adding at

24 the end the following: ‘‘With respect to transportation of

25 passengers by air within the State of Hawaii, the term

26 ‘intrastate air transportation’ means the carriage of per-
35

•S 1491 RS

1 sons by a common carrier for compensation or hire, by such

2 aircraft, commencing and terminating in the State of Ha3 waii; except that the carriage of passengers moving as a

4 part of a single itinerary on a single ticket for transpor5 tation on an air carrier or air carriers, beginning and/or

6 ending outside the State of Hawaii, is deemed to be in

7 interstate transportation.’’.

8 (b) FEDERAL PREEMPTION.—(1) Section 105(a) of the

9 Federal Aviation Act of 1958 (49 App. U.S.C. 1305(a)) is

10 amended by adding at the end the following new paragraph:

11 ‘‘(3) The provisions of paragraph (1) shall not apply

12 to any transportation by air of persons commencing and

13 terminating within the State of Hawaii.’’.

14 (2) Section 105(b)(2) of the Federal Aviation Act of

15 1958 (49 App. U.S.C. 1305(b)(2)) is amended by striking

16 ‘‘(other than the State of Hawaii)’’.

17 SEC. 24. TECHNICAL AMENDMENTS.

18 (a) DEFINITIONS.—Section 503(a)(2)(B) of the Air19 port and Airway Improvement Act of 1982 (49 App. U.S.C.

20 2202(a)(2)(B)) is amended by moving clauses (vii) and

21 (viii) 2 ems to the right.

22 (b) AIRPORT PLANS.—Section 504(a)(1) of the Airport

23 and Airway Improvement Act of 1982 (49 App. U.S.C.

24 2203(a)(1)) is amended by redesignating clauses (1), (2),

25 and (3) as clauses (A), (B), and (C), respectively.
36

•S 1491 RS

1 (c) CERTAIN PROJECT COSTS.—Section 513(b)(4) of

2 the Airport and Airway Improvement Act of 1982 (49 App.

3 U.S.C. 2212(b)(4)) is amended—

4 (1) by inserting ‘‘or (in the case of a commercial

5 service airport which annually has less than 0.05 per6 cent of the total enplanements in the United States)

7 between January 1, 1992, and October 31, 1992,’’ im8 mediately after ‘‘July 12, 1976,’’; and

9 (2) by adding at the end the following new sub10 paragraph:

11 ‘‘(D) That, with respect to a project at a com12 mercial service airport which annually has less than

13 0.05 percent of the total enplanements in the United

14 States, the Secretary may approve the use of the

15 funds described under paragraph (2), notwithstand16 ing the provisions of sections 505(d), 511(a)(16), and

17 515.’’.

18 SEC. 25. EXPENDITURES FROM AIRPORT AND AIRWAY

19 TRUST FUND.

20 Section 9502(d)(1)(A) of the Internal Revenue Code of

21 1986 (relating to expenditure from Airport and Airway

22 Trust Fund) is amended by striking ‘‘(as such Acts were

23 in effect on the date of the enactment of the Airport and

24 Airway Safety, Capacity, Noise Improvement, and Inter25 modal Transportation Act of 1992)’’ and inserting in lieu
37

•S 1491 RS

1 thereof ‘‘(as such Acts were in effect on the date of the enact2 ment of the Federal Aviation Administration Authorization

3 Act of 1993)’’.

S 1491 RS——2

S 1491 RS——3

S 1491 RS——4