S. 2024

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To provide temporary obligational authority for the airport improvement program

and to provide for certain airport fees to be maintained at existing levels for

up to 60 days, 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 ‘‘Airport Improvement Program

Temporary Extension Act of 1994’’.

TITLE I—AIRPORT IMPROVEMENT

PROGRAM

SEC. 101. 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’’ after ‘‘1992,’’; and

(2) by inserting ‘‘, and $15,413,157,000 for fiscal years

ending before October 1, 1994’’ before the period at the end.

(b) 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 ‘‘September 30, 1993’’ and inserting ‘‘June

30, 1994’’.

SEC. 102. APPORTIONMENT OF FUNDS.

Section 507(b)(3)(A) of the Airport and Airway Improvement

Act of 1982 (49 App. U.S.C. 2206(b)(3)(A)) is amended—

(1) by striking ‘‘or reducing the amount authorized or’’

and inserting ‘‘the amount’’;

(2) by inserting ‘‘to less than $1,900,000,000’’ after ‘‘to

be obligated’’; and

(3) by striking ‘‘limited or reduced’’.

SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.

Section 507(b)(1) of the Airport and Airway Improvement Act

of 1982 (49 App. U.S.C. 2206(b)(1)) is amended by striking

‘‘$400,000’’ and inserting ‘‘$500,000’’.

SEC. 104. DISCRETIONARY FUND.

(a) MINIMUM AMOUNT TO BE CREDITED.—Section 507(c) of the

Airport and Airway Improvement Act of 1982 (49 App. U.S.C.
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2206(c)) is amended by adding at the end the following new paragraph:

‘‘(5) SPECIAL RULE.—(A) In any fiscal year not less than

$325,000,000 of the amount made available under section 505(a)

shall be credited to the discretionary fund established by paragraph (1), and such $325,000,000 shall be exclusive of amounts

that have been apportioned in a prior year under this section

and which remain available for obligation.

‘‘(B) In any fiscal year in which the amount credited to

the discretionary fund pursuant to paragraph (1) is less than

$325,000,000, the total amount calculated under subparagraph

(C) of this paragraph shall be reduced by an amount which,

when credited to the discretionary fund, will, together with

the amount credited pursuant to paragraph (1), equal

$325,000,000.

‘‘(C) The total amount, for any fiscal year, that is subject

to reduction pursuant to subparagraph (B) shall be the sum

of—

‘‘(i) the amount determined under subsection (a)(1);

‘‘(ii) the amount determined under subsection (a)(2);

‘‘(iii) the amount determined under subsection (a)(3);

‘‘(iv) the amount determined under section 508(d)(1);

‘‘(v) the amount determined under section 508(d)(2);

‘‘(vi) the amount determined under section 508(d)(3);

‘‘(vii) the amount determined under section 508(d)(4);

and

‘‘(viii) the amount determined under section 508(d)(5).

‘‘(D) To accomplish a reduction pursuant to subparagraph (B), each of the amounts described in subparagraphs (C)(i)

through (C)(viii), respectively, shall be reduced by an equal

percentage.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on July 1, 1994.

SEC. 105. USE OF APPORTIONED AND DISCRETIONARY FUNDS.

Section 508(d) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2207(d)) is amended—

(1) in paragraph (1), by striking ‘‘10’’ and inserting ‘‘5’’;

(2) in paragraph (3), by striking ‘‘2.5’’ wherever it appears

and inserting ‘‘1.5’’; and (3) in paragraph (4), by striking ‘‘1⁄2’’ and inserting ‘‘3⁄4’’.

SEC. 106. REIMBURSEMENT FOR PAST EXPENDITURES.

Section 513(a)(2) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2212(a)(2)) is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (A);

(2) by inserting ‘‘or’’ after the semicolon at the end of

subparagraph (B); and

(3) by inserting after subparagraph (B) the following:

‘‘(C)(i) it was incurred—

‘‘(I) during fiscal year 1994;

‘‘(II) before execution of a grant agreement with respect

to the project but in accordance with an airport layout

plan approved by the Secretary and in accordance with

all applicable statutory and administrative requirements

that would have been applicable to the project if the grant

agreement had been executed; and
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‘‘(III) for work related to a project for which a grant

agreement was previously executed during fiscal year 1994;

and

‘‘(ii) its Federal share is only paid with sums apportioned

under sections 507(a)(1) and 507(a)(2).’’.

SEC. 107. TERMINAL DEVELOPMENT.

Section 513(b)(2) of the Airport and Airway Improvement Act

of 1982 (49 App. U.S.C. 2212(b)(2)) is amended—

(1) in the second sentence—

(A) by inserting after ‘‘may be used’’ the following:

‘‘, subject to the approval of the Secretary, (A)’’; and

(B) by striking the period at the end and inserting

the following: ‘‘, and (B) by the sponsor of a reliever airport

for the types of project costs allowable under paragraph

(1) of this subsection, including project costs allowable for

a commercial service airport which annually has .05 percent or less of the total enplanements in the United

States.’’; and

(2) by adding at the end the following: ‘‘All or any portion

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

under sections 507(c) and 507(d) for any fiscal year may be

distributed for use by primary airports each of which annually

has .05 percent or less of the total enplanements in the United

States for project costs allowable under paragraph (1) of this

subsection.’’.

SEC. 108. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.

Section 9502(d)(1)(A) of the Internal Revenue Code of 1986

(relating to expenditures 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 ‘‘or the Airport Improvement Program Temporary Extension Act of 1994 (as such Acts were in effect on the date of the

enactment of the Airport Improvement Program Temporary Extension Act of 1994)’’.

SEC. 109. UPWARD ADJUSTMENTS.

(a) IN GENERAL.—The second sentence of section 505(b)(1) of

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

2204(b)(1)) is further amended by—

(1) inserting ‘‘(A)’’ before ‘‘Apportioned’’; and

(2) inserting before the period at the end ‘‘; and (B) funds

which have been recovered by the United States from grants

made under this title if such funds are obligated only for

increases under sections 512(b)(2) and 512(b)(3) of this title

in the maximum obligation of the United States for any other

grant made under this title’’.

(b) RETROACTIVE EFFECTIVE DATE.—The amendment made by

subsection (a) shall take effect October 1, 1993.
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TITLE II—AIRPORT-AIR CARRIER

DISPUTES REGARDING AIRPORT FEES

SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT

FEES.

(a) COMPLAINT BY AIR CARRIER.—

(1) FILING.—An air carrier may file prior to June 30, 1994,

with the Secretary a written complaint alleging that any

increased fee imposed upon such air carrier by the owner

or operator of an airport is not reasonable. The air carrier

shall simultaneously file with the Secretary proof that a copy

of the complaint has been served on the owner or operator

of the airport.

(2) OPPORTUNITY TO RESPOND.—Before issuing an order

under subsection (b), the Secretary shall provide the owner

or operator of the airport an opportunity to respond to the

filed complaint.

(3) FRIVOLOUS COMPLAINT.—If the Secretary determines

that a complaint is frivolous, the Secretary may refuse to accept

the complaint for filing.

(b) ORDER BY THE SECRETARY.—

(1) IN GENERAL.—Except as provided by paragraph (2),

the Secretary shall issue, within 7 days after the filing of

a complaint in accordance with subsection (a), an order prohibiting the owner or operator of the airport from collecting the

increased portion of the fee that is the subject of the complaint,

unless the Secretary makes a preliminary determination that

the increased fee is reasonable. Subject to subsection (d), the

order shall cease to be effective on June 30, 1994.

(2) LIMITATION.—The Secretary shall not issue an order

under this subsection prohibiting the collection of any portion

of a fee for which the Secretary’s informal mediation assistance

was requested on March 21, 1994.

(c) OPPORTUNITY TO COMMENT AND FURNISH RELATED MATERIAL.—Within a period prescribed by the Secretary, the owner or

operator of the airport and any affected air carrier may submit

comments to the Secretary on a complaint filed under subsection

(a) and furnish to the Secretary any related documents or other

material.

(d) ACTION ON COMPLAINT.—Based on comments and material

provided under subsection (c), the Secretary may take appropriate

action on the complaint, including termination or other modification

of any order issued under subsection (b). (e) APPLICABILITY.—This section does not apply to a fee imposed

pursuant to a written agreement binding on air carriers using

the facilities of an airport.

(f) EFFECT ON EXISTING AGREEMENTS.—Nothing in this section

shall adversely affect any existing written agreement between an

air carrier and the owner or operator of an airport.

SEC. 202. DEFINITIONS.

For purposes of this title—

(1) the term ‘‘fee’’ means any rate, rental charge, landing

fee, or other service charge for the use of airport facilities;

and
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(2) the term ‘‘Secretary’’ means the Secretary of Transportation.

TITLE III—REFORM OF AIR TRAFFIC

CONTROL SYSTEM

SEC. 301. AIR TRAFFIC CONTROL SYSTEM.

(a) STUDY.—The Secretary of Transportation shall undertake

a study of management, regulatory, and legislative reforms which

would enable the air traffic control system of the Federal Aviation

Administration to provide better services to users and reduce the

costs of providing services, without reducing the safety of the system

or the availability of the system to all categories of users and

without changing the basic organizational structure under which

the system is part of the Federal Aviation Administration.

(b) COMPONENTS.—The study to be conducted under subsection

(a) shall include the following:

(1) Evaluation of reforms which would streamline procurement, enhance the ability to attract and retain adequate staff

at hard-to-staff facilities, simplify the personnel process, provide

funding stability, ensure continuity of leadership, and reduce

the incidence of unnecessarily detailed management oversight.

(2) Identification of any existing laws or regulations governing procurement or personnel which are having an adverse

effect on the operation or modernization of the air traffic control

system.

(3) Evaluation of a range of possible reforms and the advantages and disadvantages of each possible reform. (4) Comparison of the advantages and disadvantages of

each possible reform with the comparable advantages and disadvantages to be achieved under any proposal of the Secretary

of Transportation to create a separate Federal corporate entity

to operate the air traffic control system.

(c) DEADLINE.—The results of the study to be conducted under subsection (a) shall be contained in a report which shall be completed by the Secretary of Transportation on or before the date

which is 180 days after the date of the enactment of this Act,

or the date on which the Secretary submits to Congress proposed

legislation to create a separate corporate entity to operate the

air traffic control system, whichever date occurs first. (d) TRANSMITTAL.—On the date of completion of the report

under subsection (c), the Secretary of Transportation shall transmit

copies of the report to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Public Works

and Transportation of the House of Representatives.

TITLE IV—MISCELLANEOUS

PROVISIONS

SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRATION

PROJECT.

(a) IN GENERAL.—Notwithstanding the termination of the

personnel demonstration project for certain Federal Aviation

Administration employees on June 17, 1994, pursuant to section
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4703 of title 5, United States Code, the Federal Aviation Administration, subject to subsection (d), shall continue to pay quarterly

retention allowance payments in accordance with subsection (b)

to those employees who are entitled to quarterly retention allowance

payments under the demonstration project as of June 16, 1994.

(b) COMPUTATION RULES.—

(1) IN GENERAL.—The amount of each quarterly retention

allowance payment to which an employee is entitled under

subsection (a) shall be the amount of the last quarterly retention allowance payment paid to such employee under the

personnel demonstration project prior to June 17, 1994, reduced

by that portion of the amount of any increase in the employee’s

annual rate of basic pay subsequent to June 17, 1994, from

any source, which is allocable to the quarter for which the

allowance is to be paid (or, if applicable, to that portion of

the quarter for which the allowance is to be paid). For purposes

of the preceding sentence, the increase in an employee’s annual

rate of basic pay includes—

(A) any increase under section 5303 of title 5, United

States Code;

(B) any increase in locality-based comparability payments under section 5304 of such title 5 (except if, or

to the extent that, such increase is offset by a reduction

of an interim geographic adjustment under section 302

of the Federal Employees Pay Comparability Act of 1990

(5 U.S.C. 5304 note));

(C) any establishment or increase in a special rate

of pay under section 5305 of such title 5;

(D) any increase in basic pay pursuant to a promotion

under section 5334 of such title 5;

(E) any periodic step-increase under section 5335 of

such title 5;

(F) any additional step-increase under section 5336

of such title 5; and

(G) any other increase in annual rate of basic pay

under any other provision of law.

(2) SECTION RULE.—In the case of an employee on leave

without pay or other similar status for any part of the quarter

prior to June 17, 1994, based on which the amount of the

allowance payments for such employee under subsection (a)

are computed, the ‘‘amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994’’ shall, for purposes

of paragraph (1), be deemed to be the amount of the allowance

which would have been payable to such employee for such

quarter under such project had such employee been in pay

status throughout such quarter.

(c) TERMINATION.—An employee’s entitlement to quarterly

retention allowance payments under this section shall cease when—

(1) the amount of such allowance is reduced to zero under

subsection (b), or

(2) the employee separates or moves to a position in which

the employee would not, prior to June 17, 1994, have been

entitled to receive an allowance under the demonstration

project,

whichever is earlier.
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(d) SPECIAL PAYMENT RULE.—The Administrator of the Federal

Aviation Administration may make payment for the costs incurred

under the program established by subsection (a) for the period

between June 18, 1994, and September 30, 1994, following the

end of the first full pay period that begins on or after October

1, 1994, subject to appropriations made available in fiscal year

1995.

(e) STUDY OF RECRUITMENT AND RETENTION INCENTIVES.—The

Administrator of the Federal Aviation Administration shall conduct

a study of impediments that may exist to achieving appropriate

air traffic controller staffing levels at hard-to-staff facilities. In

conducting such study, the Administrator shall identify and evaluate the extent to which special incentives, of a financial or nonfinancial nature, could be useful in recruiting or retaining air traffic

controllers at such facilities. The Administrator 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 not later than 180 days after

the date of enactment of this Act a report on (1) the results of

such study, (2) planned administrative actions, and (3) any recommended legislation.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.