II

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.

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’’.

6 SEC. 2. AIRPORT IMPROVEMENT PROGRAM AUTHORIZA7 TION.

8 (a) AUTHORIZATION.—The second sentence of sec9 tion 505(a) of the Airport and Airway Improvement Act

10 of 1982 (49 App. U.S.C. 2204(a)) is amended—
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1 (1) by striking ‘‘and’’ immediately after

2 ‘‘1992,’’; and

3 (2) by inserting ‘‘, and $18,016,700,000 for fis4 cal years ending before October 1, 1994’’ imme5 diately before the period at the end.

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

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

8 U.S.C. 2204(a)) is further amended by inserting imme9 diately after the second sentence the following new sen10 tence: ‘‘If the obligation limitation on the amount made

11 available under this subsection for fiscal year 1994 is less

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

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

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

15 apportionment; and if the obligation limitation on the

16 amount made available under this subsection for fiscal

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

18 of such amount shall be credited to such discretionary

19 fund, without apportionment.’’.

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

21 of the Airport and Airway Improvement Act of 1982 (49

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

23 and inserting in lieu thereof ‘‘1994’’.
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1 SEC. 3. DEFINITION OF AIRPORT DEVELOPMENT.

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

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

4 2202(a)(2)(B)(ii)) is amended by inserting ‘‘(including ex5 plosive detection devices) and universal access systems’’

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

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

8 Nothwithstanding any other provision of law, the Sec9 retary of Transportation may issue letters of intent under

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

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

12 Improvement Program funds for planning, approving, and

13 administering such letters of intent.

14 SEC. 5. LANDING AIDS AND NAVIGATIONAL EQUIPMENT IN15 VENTORY POOL.

16 Section 506(a) of the Airport and Airway Improve17 ment Act of 1982 (49 App. U.S.C. 2205(a)) is amended

18 by adding at the end the following new paragraph:

19 ‘‘(4) LANDING AIDS AND NAVIGATIONAL EQUIP20 MENT INVENTORY POOL.—

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

22 later than December 31, 1993, and notwith23 standing any other provision of this title, the

24 Secretary shall establish and implement a pro25 gram to purchase and reserve an inventory of

26 precision approach instrument landing system
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1 equipment, to be made available on an expe2 dited basis for installation at airports.

3 ‘‘(B) AUTHORIZATION.—No less than

4 $30,000,000 of the amounts appropriated

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

6 1994 and 1995 shall be available for the pur7 pose of carrying out this paragraph, including

8 acquisition, site preparation work, installation,

9 and related expenditures.’’.

10 SEC. 6. MICROWAVE LANDING SYSTEM.

11 Section 506(a) of the Airport and Airway Improve12 ment Act of 1982 (49 App. U.S.C. 2205(a)), as amended

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

14 following new paragraph:

15 ‘‘(5) MICROWAVE LANDING SYSTEM.—Notwith16 standing any other provision of law, none of the

17 amounts appropriated under this subsection may be

18 used for the development or procurement of the

19 microwave landing system, except as necessary to

20 meet obligations of the Government under contracts

21 in effect on January 1, 1994.’’.

22 SEC. 7. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

23 (a) IN GENERAL.—Section 313 of the Federal Avia24 tion Act of 1958 (49 App. U.S.C. 1354) is amended by

25 adding at the end the following new subsection:
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1 ‘‘(g) ASSISTANCE TO FOREIGN AVIATION AUTHORI2 TIES.—The Administrator may provide safety-related

3 training and operational services to foreign aviation au4 thorities with or without reimbursement, if the Adminis5 trator determines that providing such services promotes

6 aviation safety. To the extent practicable, air travel reim7 bursed under this subsection shall be conducted on United

8 States air carriers.’’.

9 (b) CONFORMING AMENDMENT.—The table of con10 tents of the Federal Aviation Act of 1958 is amended by

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

12 following:

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

13 SEC. 8. FOREIGN FEE COLLECTION.

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

15 (49 App. U.S.C. 1354(f)) is amended—

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

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

18 (2) by inserting immediately after paragraph

19 (2) the following new paragraph:

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

21 SERVICES.—

22 ‘‘(A) ESTABLISHMENT OF FEES.—Not23 withstanding the limitation of paragraph (4),

24 the Administrator may establish and collect fees

25 for providing or carrying out the following avia-
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1 tion services outside the United States: any

2 test, authorization, certificate, permit, rating,

3 evaluation, approval, inspection, or review. Such

4 fees shall be established as necessary to recover

5 the additional cost of providing or carrying out

6 such services outside the United States, as com7 pared to the cost of providing or carrying out

8 such services within the United States.

9 ‘‘(B) CREDITING OF PREESTABLISHED

10 FEES.—Fees described in subparagraph (A)

11 that were not established before the date of en12 actment of the Federal Aviation Administration

13 Authorization Act of 1993 may be credited in

14 accordance with paragraph (5).’’.

15 SEC. 9. REVIEW OF FEDERAL AVIATION ADMINISTRATION.

16 The Administrator of the Federal Aviation Adminis17 tration shall conduct a review of the Federal Aviation Ad18 ministration’s personnel administration, procurement

19 process, and overall organizational structure. The Admin20 istrator shall, not later than March 30, 1994, report on

21 the results of the review to the Committee on Commerce,

22 Science, and Transportation of the Senate and the Com23 mittee on Public Works and Transportation of the House

24 of Representatives.
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1 SEC. 10. REPEAL OF ANNUAL REPORT REQUIREMENT.

2 Section 401 of the Aviation Safety and Noise Abate3 ment Act of 1979 (Public Law 96–193; 94 Stat. 57) is

4 repealed.

5 SEC. 11. DISCONTINUATION OF AVIATION SAFETY JOUR6 NAL.

7 The Administrator of the Federal Aviation Adminis8 tration may not publish, nor contract with any other orga9 nization for the publication of, the magazine known as the

10 ‘‘Aviation Safety Journal’’. Any existing contract for pub11 lication of the magazine shall be cancelled within 30 days

12 after the date of enactment of this Act.

13 SEC. 12. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DEN14 SITY AIRPORTS.

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

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

17 by adding at the end the following:

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

19 DENSITY AIRPORTS.

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

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

22 award such slot to a foreign air carrier if the Secretary

23 determines that air carriers are not provided equivalent

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

25 foreign air carrier is a citizen.

26 ‘‘(b) DEFINITIONS.—For purposes of this section—
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1 ‘‘(1) HIGH DENSITY AIRPORT.—The term ‘high

2 density airport’ means an airport at which the Ad3 ministrator limits the number of instrument flight

4 rule takeoffs and landings of an aircraft.

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

6 the Secretary of Transportation.

7 ‘‘(3) SLOT.—The term ‘slot’ means a reserva8 tion, by an air carrier at an airport, for an instru9 ment flight rule takeoff or landing of an aircraft in

10 air transportation.’’.

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

12 table of contents of the Federal Aviation Act of 1958 re13 lating to title IV is amended by adding at the end the

14 following new item:

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

‘‘(a) In general.

‘‘(b) Definitions.’’.

15 SEC. 13. AIR SERVICE TERMINATION NOTICE.

16 (a) IN GENERAL.—(1) Title IV of the Federal Avia17 tion Act of 1958 (49 App. U.S.C. 1371 et seq.), as amend18 ed by this Act, is further amended by adding at the end

19 the following new section:

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

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

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

23 given the Secretary, each appropriate State agency, and
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1 each affected community at least 60 days’ notice before

2 such termination.

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

4 basis, the Secretary may modify or waive the requirements

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

6 and unforeseen financial emergency, if the Secretary finds

7 that such requirements impose undue hardship on such

8 air carrier.’’.

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

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

11 this Act, is further amended by inserting immediately

12 after the item relating to section 420 the following new

13 item:

‘‘Sec. 421. Air service termination notice.

‘‘(a) In general.

‘‘(b) Emergency exceptions.’’.

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

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

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

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

18 SEC. 14. COOPERATIVE AGREEMENTS FOR RESEARCH, EN19 GINEERING, AND DEVELOPMENT.

20 (a) IN GENERAL.—Section 312 of the Federal Avia21 tion Act of 1958 (49 App. U.S.C. 1353) is amended by

22 adding at the end the following new subsection:

23 ‘‘(j) COOPERATIVE AGREEMENTS.—The Adminis24 trator may enter into cooperative agreements on a cost-
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1 shared basis with Federal and non-Federal entities that

2 the Administrator may select in order to conduct, encour3 age, and promote aviation research, engineering, and de4 velopment, including the development of prototypes and

5 demonstration models.’’.

6 (b) CONFORMING AMENDMENT.—The table of con7 tents of the Federal Aviation Act of 1958 is amended by

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

9 following:

‘‘(j) Cooperative agreements.’’.

10 SEC. 15. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.

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

12 enactment of this Act, the Secretary of Transportation,

13 in cooperation with the National Transportation Safety

14 Board, the National Guard, and the Juneau International

15 Airport, shall undertake a study of the safety of the ap16 proaches to the Juneau International Airport.

17 (2) Such study shall examine—

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

19 September 4, 1971;

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

21 1985;

22 (C) the crash of an Alaska Army National

23 Guard aircraft on November 12, 1992;

24 (D) the adequacy of NAVAIDS in the vicinity

25 of the Juneau International Airport;
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1 (E) the possibility of confusion between the Sis2 ters Island directional beacon and the Coghlan Is3 land directional beacon;

4 (F) the need for a singular Approach Surveil5 lance Radar site on top of Heintzleman Ridge;

6 (G) the need for a Terminal Very High Fre7 quency Omni-Directional Range (Terminal VOR)

8 navigational aid in Gastineau Channel; and

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

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

11 aircraft approaching or leaving the Juneau Inter12 national Airport.

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

14 of enactment of this Act, the Secretary of Transportation

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

16 Transportation of the Senate and the Committee on Pub17 lic Works and Transportation of the House of Representa18 tives a report which—

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

20 (B) summarizes any conclusions reached by the

21 participants in the study;

22 (C) proposes specific recommendations to im23 prove or enhance the safety of aircraft approaching

24 or leaving the Juneau International Airport, or con-
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1 tains a detailed explanation of why no recommenda2 tions are being proposed;

3 (D) estimates the cost of any proposed rec4 ommendations; and

5 (E) includes any other matters the Secretary

6 deems appropriate.

7 (2) The report shall include any minority views if con8 sensus is not reached among the parties listed in sub9 section (a)(1).

10 SEC. 16. SOLDOTNA AIRPORT IMPROVEMENT.

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

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

13 the Secretary of Transportation is authorized, subject to

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

15 (50 App. U.S.C. 1622c), and the provisions of subsection

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

17 conditions, reservations, and restrictions contained in the

18 deed of conveyance dated December 12, 1963, under

19 which the United States conveyed certain property to the

20 city of Soldotna, Alaska, for airport purposes.

21 (b) CONDITIONS.—Any release granted under sub22 section (a) shall be subject to the following conditions:

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

24 that, in conveying any interest in the property which

25 the United States conveyed to the city by deed dated
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1 December 12, 1963, the city will receive an amount

2 for such interest which is equal to the fair market

3 value (as determined pursuant to regulations issued

4 by the Secretary of Transportation).

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

6 shall be used by the city for the development, im7 provement, operation, or maintenance of a public

8 airport.

9 SEC. 17. TECHNICAL AMENDMENTS.

10 (a) DEFINITIONS.—Section 503(a)(2)(B) of the Air11 port and Airway Improvement Act of 1982 (49 App.

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

13 and (viii) 2 ems to the right.

14 (b) AIRPORT PLANS.—Section 504(a)(1) of the Air15 port and Airway Improvement Act of 1982 (49 App.

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

17 (1), (2), and (3) as clauses (A), (B), and (C), respectively.

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

19 the Airport and Airway Improvement Act of 1982 (49

20 App. U.S.C. 2212(b)(4)) is amended—

21 (1) by inserting ‘‘or (in the case of a commer22 cial service airport which annually has less than 0.05

23 percent of the total enplanements in the United

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

25 1992,’’ immediately after ‘‘July 12, 1976,’’; and
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1 (2) by adding at the end the following new sub2 paragraph:

3 ‘‘(D) That, with respect to a project at a com4 mercial service airport which annually has less than

5 0.05 percent of the total enplanements in the United

6 States, the Secretary may approve the use of the

7 funds described under paragraph (2), notwithstand8 ing the provisions of section 511(a)(16) and 515.’’.

9 SEC. 18. EXPENDITURES FROM AIRPORT AND AIRWAY

10 TRUST FUND.

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

12 of 1986 (relating to expenditure from Airport and Airway

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

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

15 Airway Safety, Capacity, Noise Improvement, and Inter16 modal Transportation Act of 1992)’’ and inserting in lieu

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

18 enactment of the Federal Aviation Administration Author19 ization Act of 1993)’’.

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