II

103D CONGRESS

2D SESSION S. 2024

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.

IN THE SENATE OF THE UNITED STATES

APRIL 19 (legislative day, APRIL 11), 1994

Mr. FORD introduced the following bill; which was read twice, considered, read

the third time, and passed

A BILL

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.

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 ‘‘Airport Improvement

5 Program Temporary Extension Act of 1994’’.
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1 TITLE I—AIRPORT IMPROVEMENT

2 PROGRAM

3 SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZA4 TION.

5 (a) AUTHORIZATION.—The second sentence of sec6 tion 505(a) of the Airport and Airway Improvement Act

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

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

9 ‘‘1992,’’; and

10 (2) by inserting ‘‘, and $17,528,700,000 for

11 fiscal years ending before October 1, 1994’’ imme12 diately before the period at the end.st

13 (b) DISCRETIONARY FUND.—Section 507(c) of the

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

15 U.S.C. 2206(c)) is amended by adding at the end the fol16 lowing new paragraph:

17 ‘‘(5) SPECIAL RULE.—(A) In any fiscal year in

18 which the amount made available under section

19 505(a) is less than $1,800,000,000 and not less

20 than $1,700,000,000, the total amount calculated

21 under subparagraph (C) of this paragraph shall be

22 reduced by $50,000,000 and such $50,000,000 shall

23 be credited to the discretionary fund established by

24 paragraph (1) for distribution without regard to sec25 tion 508(d).
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1 ‘‘(B) In any fiscal year in which the amount

2 made available under section 505(a) is less than

3 $1,700,000,000, the total amount calculated under

4 subparagraph (C) of this paragraph shall be reduced

5 by $100,000,000 and such $100,000,000 shall be

6 credited to the discretionary fund established by

7 paragraph (1) for distribution without regard to sec8 tion 508(d).

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

10 is subject to reduction pursuant to subparagraph

11 (A) or (B) shall be the sum of—

12 ‘‘(i) the amount determined under section

13 508(d)(2);

14 ‘‘(ii) the amount determined under section

15 508(d)(4);

16 ‘‘(iii) the amount determined under section

17 508(d)(5); and

18 ‘‘(iv) the amount to be credited to the fund

19 established under subsection (d) of this section.

20 ‘‘(D) To accomplish a reduction pursuant to

21 subparagraph (A) or (B), each of the amounts that

22 otherwise would have been available for distribution

23 under subsection (d) of this section and sections

24 508(d)(2), 508(d)(4), and 508(d)(5), respectively,

25 shall be reduced by an equal percentage.’’.
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1 (c) OBLIGATIONAL AUTHORITY.—Section 505(b)(1)

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

3 App. U.S.C. 2204(b)(1)) is amended—

4 (1) by striking ‘‘September 30, 1993’’ and in5 serting in lieu thereof ‘‘June 30, 1994’’; and

6 (2) by adding at the end the following new sen7 tence: ‘‘Notwithstanding any other provision of this

8 title, the Secretary shall not, during fiscal year

9 1994, incur obligations in excess of $800,000,000 to

10 make grants from funds made available under sub11 section (a).’’.

12 SEC. 102. APPORTIONMENT OF FUNDS.

13 Section 507(b)(3)(A) of the Airport and Airway Im14 provement Act of 1982 (49 App. U.S.C. 2206(b)(3)(A))

15 is amended—

16 (1) by striking ‘‘or reducing the amount author17 ized or’’ and inserting in lieu thereof ‘‘the amount’’;

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

19 immediately after ‘‘to be obligated’’; and

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

21 SEC. 103. USE OF APPORTIONED AND DISCRETIONARY

22 FUNDS.

23 Section 508(d) of the Airport and Airway Improve24 ment Act of 1982 (49 App. U.S.C. 2207(d)) is amended—
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1 (1) in paragraph (1), by striking ‘‘10’’ and in2 serting in lieu thereof ‘‘5’’; and

3 (2) in paragraph (3), by striking ‘‘2.5’’ wher4 ever it appears and inserting in lieu thereof ‘‘1.5’’.

5 SEC. 104. EXPENDITURES FROM AIRPORT AND AIRWAY

6 TRUST FUND.

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

8 of 1986 (relating to expenditure from Airport and Airway

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

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

11 Airway Safety, Capacity, Noise Improvement, and Inter12 modal Transportation Act of 1992)’’ and inserting in lieu

13 thereof ‘‘or the Airport Improvement Program Temporary

14 Extension Act of 1994 (as such Acts were in effect on

15 the date of the enactment of the Airport Improvement

16 Program Temporary Extension Act of 1994)’’.

17 TITLE II—AIRPORT-AIR CARRIER

18 DISPUTES REGARDING AIRPORT FEES

19 SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN

20 AIRPORT FEES.

21 (a) COMPLAINT BY AIR CARRIER.—(1) An air carrier

22 may, prior to June 30, 1994, file with the Secretary a

23 written complaint alleging that any increased fee imposed

24 upon such air carrier by the owner or operator of an air25 port is not reasonable. The air carrier shall simultaneously
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1 file with the Secretary proof that a copy of the complaint

2 has been served on the owner or operator of the airport.

3 (2) Before issuing an order under subsection (b), the

4 Secretary shall provide the owner or operator of the air5 port an opportunity to respond to the filed complaint.

6 (3) If the Secretary determines that a complaint is

7 frivolous, the Secretary may refuse to accept the complaint

8 for filing.

9 (b) ORDER BY THE SECRETARY.—(1) Except as pro10 vided by paragraph (2), the Secretary shall, within 7 days

11 after the filing of a complaint in accordance with sub12 section (a), issue an order prohibiting the owner or opera13 tor of the airport from collecting the increased portion of

14 the fee that is the subject of the complaint, unless the

15 Secretary makes a preliminary determination that the in16 creased fee is reasonable. The order shall cease to be effec17 tive on June 30, 1994.

18 (2) The Secretary shall not issue an order under this

19 subsection prohibiting the collection of any portion of a

20 fee for which the Secretary’s informal mediation assist21 ance was requested on March 21, 1994.

22 (c) OPPORTUNITY TO COMMENT AND FURNISH RE23 LATED MATERIAL.—Within a period prescribed by the

24 Secretary, the owner or operator of the airport and any

25 affected air carrier may submit comments to the Secretary
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1 on a complaint filed under subsection (a) and furnish any

2 related documents or other material.

3 (d) ACTION ON COMPLAINT.—Based on comments

4 and material provided under subsection (c), the Secretary

5 may take appropriate action on the complaint, including

6 but not limited to termination or other modification of any

7 order issued under subsection (b).

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

9 a fee imposed pursuant to a written agreement binding

10 on the air carriers using the facilities of an airport.

11 (f) EFFECT ON EXISTING AGREEMENTS.—Nothing

12 in this section shall adversely affect any existing written

13 agreement between an air carrier and the owner or opera14 tor of an airport.

15 SEC. 202. DEFINITIONS.

16 For purposes of this title—

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

18 charge, landing fee, or other service charge for the

19 use of airport facilities; and

20 (2) the term ‘‘Secretary’’ means the Secretary

21 of Transportation.

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