103D CONGRESS

2D SESSION S. 2024

SENATE AMENDMENT

TO HOUSE

AMENDMENT
In the Senate of the United States,

May 12 (legislative day, May 2), 1994.

Resolved, That the Senate agree to the amendment of

the House of Representatives to the bill (S. 2024) entitled

‘‘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’’ with the following

SENATE AMENDMENT TO

HOUSE AMENDMENT:

In lieu of the matter proposed to be inserted by the

House amendment to the text of the bill, insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Airport Improvement

3 Program Temporary Extension Act of 1994’’.

4 TITLE I—AIRPORT

5 IMPROVEMENT PROGRAM

6 SEC. 101. 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’’ after ‘‘1992,’’; and
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1 (2) by inserting ‘‘, and $15,413,157,000 for fiscal

2 years ending before October 1, 1994’’ before the period

3 at the end.

4 (b) OBLIGATIONAL AUTHORITY.—Section 505(b)(1) of

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

6 U.S.C. 2204(b)(1)) is amended by striking ‘‘September 30,

7 1993’’ and inserting ‘‘June 30, 1994’’.

8 SEC. 102. APPORTIONMENT OF FUNDS.

9 Section 507(b)(3)(A) of the Airport and Airway Im10 provement Act of 1982 (49 App. U.S.C. 2206(b)(3)(A)) is

11 amended—

12 (1) by striking ‘‘or reducing the amount author13 ized or’’ and inserting ‘‘the amount’’;

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

15 after ‘‘to be obligated’’; and

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

17 SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.

18 Section 507(b)(1) of the Airport and Airway Improve19 ment Act of 1982 (49 App. U.S.C. 2206(b)(1)) is amended

20 by striking ‘‘$400,000’’ and inserting ‘‘$500,000’’.

21 SEC. 104. DISCRETIONARY FUND.

22 (a) MINIMUM AMOUNT TO BE CREDITED.—Section

23 507(c) of the Airport and Airway Improvement Act of 1982

24 (49 App. U.S.C. 2206(c)) is amended by adding at the end

25 the following new paragraph:
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1 ‘‘(5) SPECIAL RULE.—(A) In any fiscal year not

2 less than $325,000,000 of the amount made available

3 under section 505(a) shall be credited to the discre4 tionary fund established by paragraph (1), and such

5 $325,000,000 shall be exclusive of amounts that have

6 been apportioned in a prior year under this section

7 and which remain available for obligation.

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

9 credited to the discretionary fund pursuant to para10 graph (1) is less than $325,000,000, the total amount

11 calculated under subparagraph (C) of this paragraph

12 shall be reduced by an amount which, when credited

13 to the discretionary fund, will, together with the

14 amount credited pursuant to paragraph (1), equal

15 $325,000,000.

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

17 is subject to reduction pursuant to subparagraph (B)

18 shall be the sum of—

19 ‘‘(i) the amount determined under sub20 section (a)(1);

21 ‘‘(ii) the amount determined under sub22 section (a)(2);

23 ‘‘(iii) the amount determined under sub24 section (a)(3);
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1 ‘‘(iv) the amount determined under section

2 508(d)(1);

3 ‘‘(v) the amount determined under section

4 508(d)(2);

5 ‘‘(vi) the amount determined under section

6 508(d)(3);

7 ‘‘(vii) the amount determined under section

8 508(d)(4); and

9 ‘‘(viii) the amount determined under section

10 508(d)(5).

11 ‘‘(D) To accomplish a reduction pursuant to sub12 paragraph (B), each of the amounts described in sub13 paragraphs (C)(i) through (C)(viii), respectively,

14 shall be reduced by an equal percentage.’’.

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect on July 1, 1994.

17 SEC. 105. USE OF APPORTIONED AND DISCRETIONARY

18 FUNDS.

19 Section 508(d) of the Airport and Airway Improve20 ment Act of 1982 (49 App. U.S.C. 2207(d)) is amended—

21 (1) in paragraph (1), by striking ‘‘10’’ and in22 serting ‘‘5’’;

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

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

3 SEC. 106. REIMBURSEMENT FOR PAST EXPENDITURES.

4 Section 513(a)(2) of the Airport and Airway Improve5 ment Act of 1982 (49 App. U.S.C. 2212(a)(2)) is amend6 ed—

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

8 (A);

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

10 end of subparagraph (B); and

11 (3) by inserting after subparagraph (B) the fol12 lowing:

13 ‘‘(C)(i) it was incurred—

14 ‘‘(I) during fiscal year 1994;

15 ‘‘(II) before execution of a grant agreement

16 with respect to the project but in accordance

17 with an airport layout plan approved by the

18 Secretary and in accordance with all applicable

19 statutory and administrative requirements that

20 would have been applicable to the project if the

21 grant agreement had been executed; and

22 ‘‘(III) for work related to a project for

23 which a grant agreement was previously executed

24 during fiscal year 1994; and
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1 ‘‘(ii) its Federal share is only paid with sums

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

3 SEC. 107. TERMINAL DEVELOPMENT.

4 Section 513(b)(2) of the Airport and Airway Improve5 ment Act of 1982 (49 App. U.S.C. 2212(b)(2)) is amend6 ed—

7 (1) in the second sentence—

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

9 following: ‘‘, subject to the approval of the Sec10 retary, (A)’’; and

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

12 inserting the following: ‘‘, and (B) by the sponsor

13 of a reliever airport for the types of project costs

14 allowable under paragraph (1) of this subsection,

15 including project costs allowable for a commer16 cial service airport which annually has .05 per17 cent or less of the total enplanements in the

18 United States.’’; and

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

20 any portion of the sums to be distributed at the dis21 cretion of the Secretary under sections 507(c) and

22 507(d) for any fiscal year may be distributed for use

23 by primary airports each of which annually has .05

24 percent or less of the total enplanements in the United
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1 States for project costs allowable under paragraph (1)

2 of this subsection.’’.

3 SEC. 108. EXPENDITURES FROM AIRPORT AND AIRWAY

4 TRUST FUND.

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

6 1986 (relating to expenditures from Airport and Airway

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

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

9 Airway Safety, Capacity, Noise Improvement, and Inter10 modal Transportation Act of 1992)’’ and inserting ‘‘or the

11 Airport Improvement Program Temporary Extension Act

12 of 1994 (as such Acts were in effect on the date of the enact13 ment of the Airport Improvement Program Temporary Ex14 tension Act of 1994)’’.

15 SEC. 109. UPWARD ADJUSTMENTS.

16 (a) IN GENERAL.—The second sentence of section

17 505(b)(1) of the Airport and Airway Improvement Act of

18 1982 (49 App. U.S.C. 2204(b)(1)) is further amended by—

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

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

21 (B) funds which have been recovered by the United

22 States from grants made under this title if such funds

23 are obligated only for increases under sections

24 512(b)(2) and 512(b)(3) of this title in the maximum
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1 obligation of the United States for any other grant

2 made under this title’’.

3 (b) RETROACTIVE EFFECTIVE DATE.—The amendment

4 made by subsection (a) shall take effect October 1, 1993.

5 TITLE II—AIRPORT-AIR CARRIER

6 DISPUTES REGARDING AIR7 PORT FEES

8 SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN

9 AIRPORT FEES.

10 (a) COMPLAINT BY AIR CARRIER.—

11 (1) FILING.—An air carrier may file prior to

12 June 30, 1994, with the Secretary a written com13 plaint alleging that any increased fee imposed upon

14 such air carrier by the owner or operator of an air15 port is not reasonable. The air carrier shall simulta16 neously file with the Secretary proof that a copy of

17 the complaint has been served on the owner or opera18 tor of the airport.

19 (2) OPPORTUNITY TO RESPOND.—Before issuing

20 an order under subsection (b), the Secretary shall pro21 vide the owner or operator of the airport an oppor22 tunity to respond to the filed complaint.

23 (3) FRIVOLOUS COMPLAINT.—If the Secretary de24 termines that a complaint is frivolous, the Secretary

25 may refuse to accept the complaint for filing.
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1 (b) ORDER BY THE SECRETARY.—

2 (1) IN GENERAL.—Except as provided by para3 graph (2), the Secretary shall issue, within 7 days

4 after the filing of a complaint in accordance with

5 subsection (a), an order prohibiting the owner or op6 erator of the airport from collecting the increased por7 tion of the fee that is the subject of the complaint, un8 less the Secretary makes a preliminary determination

9 that the increased fee is reasonable. Subject to sub10 section (d), the order shall cease to be effective on

11 June 30, 1994.

12 (2) LIMINATION.—The Secretary shall not issue

13 an order under this subsection prohibiting the collec14 tion of any portion of a fee for which the Secretary’s

15 informal mediation assistance was requested on

16 March 21, 1994.

17 (c) OPPORTUNITY TO COMMENT AND FURNISH RELAT18 ED MATERIAL.—Within a period prescribed by the Sec19 retary, the owner or operator of the airport and any affected

20 air carrier may submit comments to the Secretary on a

21 complaint filed under subsection (a) and furnish to the Sec22 retary any related documents or other material.

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

24 material provided under subsection (c), the Secretary may

25 take appropriate action on the complaint, including termi-
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1 nation or other modification of any order issued under sub2 section (b).

3 (e) APPLICABILITY.—This section does not apply to a

4 fee imposed pursuant to a written agreement binding on

5 air carriers using the facilities of an airport.

6 (f) EFFECT ON EXISTING AGREEMENTS.—Nothing in

7 this section shall adversely affect any existing written agree8 ment between an air carrier and the owner or operator of

9 an airport.

10 SEC. 202. DEFINITIONS.

11 For purposes of this title—

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

13 landing fee, or other service charge for the use of air14 port facilities; and

15 (2) the term ‘‘Secretary’’ means the Secretary of

16 Transportation.

17 TITLE III—REFORM OF AIR

18 TRAFFIC CONTROL SYSTEM

19 SEC. 301. AIR TRAFFIC CONTROL SYSTEM.

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

21 undertake a study of management, regulatory, and legisla22 tive reforms which would enable the air traffic control sys23 tem of the Federal Aviation Administration to provide bet24 ter services to users and reduce the costs of providing serv25 ices, without reducing the safety of the system or the avail-
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1 ability of the system to all categories of users and without

2 changing the basic organizational structure under which the

3 system is part of the Federal Aviation Administration.

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

5 subsection (a) shall include the following:

6 (1) Evaluation of reforms which would stream7 line procurement, enhance the ability to attract and

8 retain adequate staff at hard-to-staff facilities, sim9 plify the personnel process, provide funding stability,

10 ensure continuity of leadership, and reduce the inci11 dence of unnecessarily detailed management oversight.

12 (2) Identification of any existing laws or regula13 tions governing procurement or personnel which are

14 having an adverse effect on the operation or mod15 ernization of the air traffic control system.

16 (3) Evaluation of a range of possible reforms

17 and the advantages and disadvantages of each pos18 sible reform.

19 (4) Comparison of the advantages and disadvan20 tages of each possible reform with the comparable ad21 vantages and disadvantages to be achieved under any

22 proposal of the Secretary of Transportation to create

23 a separate Federal corporate entity to operate the air

24 traffic control system.
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1 (c) DEADLINE.—The results of the study to be con2 ducted under subsection (a) shall be contained in a report

3 which shall be completed by the Secretary of Transportation

4 on or before the date which is 180 days after the date of

5 the enactment of this Act, or the date on which the Secretary

6 submits to Congress proposed legislation to create a separate

7 corporate entity to operate the air traffic control system,

8 whichever date occurs first.

9 (d) TRANSMITTAL.—On the date of completion of the

10 report under subsection (c), the Secretary of Transportation

11 shall transmit copies of the report to the Committee on

12 Commerce, Science, and Transportation of the Senate and

13 the Committee on Public Works and Transportation of the

14 House of Representatives.

15 TITLE IV—MISCELLANEOUS

16 PROVISIONS

17 SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRA18 TION PROJECT.

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

20 the personnel demonstration project for certain Federal

21 Aviation Administration employees on June 17, 1994, pur22 suant to section 4703 of title 5, United States Code, the

23 Federal Aviation Administration, subject to subsection (d),

24 shall continue to pay quarterly retention allowance pay25 ments in accordance with subsection (b) to those employees
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1 who are entitled to quarterly retention allowance payments

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

3 (b) COMPUTATION RULES.—

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

5 retention allowance payment to which an employee is

6 entitled under subsection (a) shall be the amount of

7 the last quarterly retention allowance payment paid

8 to such employee under the personnel demonstration

9 project prior to June 17, 1994, reduced by that por10 tion of the amount of any increase in the employee’s

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

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

13 which the allowance is to be paid (or, if applicable,

14 to that portion of the quarter for which the allowance

15 is to be paid). For purposes of the preceding sentence,

16 the increase in an employee’s annual rate of basic

17 pay includes—

18 (A) any increase under section 5303 of title

19 5, United States Code;

20 (B) any increase in locality-based com21 parability payments under section 5304 of such

22 title 5 (except if, or to the extent that, such in23 crease is offset by a reduction of an interim geo24 graphic adjustment under section 302 of the Fed-
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1 eral Employees Pay Comparability Act of 1990

2 (5 U.S.C. 5304 note));

3 (C) any establishment or increase in a spe4 cial rate of pay under section 5305 of such title

5 5;

6 (D) any increase in basic pay pursuant to

7 a promotion under section 5334 of such title 5;

8 (E) any periodic step-increase under section

9 5335 of such title 5;

10 (F) any additional step-increase under sec11 tion 5336 of such title 5; and

12 (G) any other increase in annual rate of

13 basic pay under any other provision of law.

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

15 on leave without pay or other similar status for any

16 part of the quarter prior to June 17, 1994, based on

17 which the amount of the allowance payments for such

18 employee under subsection (a) are computed, the

19 ‘‘amount of the last quarterly retention allowance

20 payment paid to such employee under the personnel

21 demonstration project prior to June 17, 1994’’ shall,

22 for purposes of paragraph (1), be deemed to be the

23 amount of the allowance which would have been pay24 able to such employee for such quarter under such
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1 project had such employee been in pay status through2 out such quarter.

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

4 quarterly retention allowance payments under this section

5 shall cease when—

6 (1) the amount of such allowance is reduced to

7 zero under subsection (b), or

8 (2) the employee separates or moves to a position

9 in which the employee would not, prior to June 17,

10 1994, have been entitled to receive an allowance under

11 the demonstration project,

12 whichever is earlier.

13 (d) SPECIAL PAYMENT RULE.—The Administrator of

14 the Federal Aviation Administration may make payment

15 for the costs incurred under the program established by sub16 section (a) for the period between June 18, 1994, and Sep17 tember 30, 1994, following the end of the first full pay pe18 riod that begins on or after October 1, 1994, subject to ap19 propriations made available in fiscal year 1995.

20 (e) STUDY OF RECRUITMENT AND RETENTION INCEN21 TIVES.—The Administrator of the Federal Aviation Admin22 istration shall conduct a study of impediments that may

23 exist to achieving appropriate air traffic controller staffing

24 levels at hard-to-staff facilities. In conducting such study,

25 the Administrator shall identify and evaluate the extent to
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1 which special incentives, of a financial or non-financial na2 ture, could be useful in recruiting or retaining air traffic

3 controllers at such facilities. The Administrator shall sub4 mit to the Committee on Commerce, Science, and Transpor5 tation of the Senate and the Committee on Public Works

6 and Transportation of the House of Representatives not

7 later than 180 days after the date of enactment of this Act

8 a report on (1) the results of such study, (2) planned ad9 ministrative actions, and (3) any recommended legislation.

Attest:

Secretary.
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