103D CONGRESS

2D SESSION S. 2024

AMENDMENT
In the House of Representatives, U. S.,

May 3, 1994.

Resolved, That the bill from the Senate (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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause, and 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 IMPROVEMENT

5 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 U.S.C. App. 2204(a)) is amended—

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

12 (2) by inserting ‘‘, and $15,763,890,000 for fiscal

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

14 at the end.
2

S 2024 EAH

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

2 such Act (49 U.S.C. App. 2204(b)(1)) is amended by strik3 ing ‘‘September 30, 1993’’ and inserting ‘‘June 30, 1994’’.

4 SEC. 102. APPORTIONMENT OF FUNDS.

5 Section 507(b)(3)(A) of the Airport and Airway Im6 provement Act of 1982 (49 U.S.C. App. 2206(b)(3)(A)) is

7 amended—

8 (1) by striking ‘‘or reducing the amount author9 ized or’’ and inserting ‘‘the amount’’;

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

11 after ‘‘to be obligated’’; and

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

13 SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.

14 Section 507(b)(1) of the Airport and Airway Improve15 ment Act of 1982 (49 U.S.C. App. 2206(b)(1)) is amended

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

17 SEC. 104. INTEGRATED AIRPORT SYSTEM PLANNING SET18 ASIDE.

19 Section 508(d)(4) of the Airport and Airway Improve20 ment Act of 1982 (49 U.S.C. App. 2207(d)(4)) is amended

by striking ‘‘1⁄2’’ and inserting ‘‘3 21 ⁄4’’.

22 SEC. 105. REIMBURSEMENT FOR PAST EXPENDITURES.

23 Section 513(a)(2) of the Airport and Airway Improve24 ment Act of 1982 (49 U.S.C. App. 2212(a)(2)) is amend25 ed—
3

S 2024 EAH

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

2 (A);

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

4 end of subparagraph (B); and

5 (3) by inserting after subparagraph (B) the fol6 lowing:

7 ‘‘(C)(i) it was incurred—

8 ‘‘(I) during fiscal year 1994;

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

10 with respect to the project but in accordance

11 with an airport layout plan approved by the

12 Secretary and in accordance with all applicable

13 statutory and administrative requirements that

14 would have been applicable to the project if the

15 grant agreement had been executed; and

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

17 which a grant agreement was executed during

18 fiscal year 1994; and

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

20 apportioned under subsections 507(a)(1) and

21 507(a)(2) of this title;’’.

22 SEC. 106. EXPENDITURES FROM AIRPORT AND AIRWAY

23 TRUST FUND.

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

25 1986 (relating to expenditures from Airport and Airway
4

S 2024 EAH

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

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

3 Airway Safety, Capacity, Noise Improvement, and Inter4 modal Transportation Act of 1992)’’ and inserting ‘‘or the

5 Airport Improvement Program Temporary Extension Act

6 of 1994 (as such Acts were in effect on the date of the enact7 ment of the Airport Improvement Program Temporary Ex8 tension Act of 1994)’’.

9 SEC. 107. UPWARD ADJUSTMENTS.

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

11 505(b)(1) of the Airport and Airway Improvement Act of

12 1982 (49 U.S.C. App. 2204(b)(1)) is further amended by—

13 (1) inserting ‘‘(A)’’ before apportioned’’; and

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

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

16 States from grants made under this title if such funds

17 are obligated only for increases under sections

18 512(b)(2) and 512(b)(3) of this title in the maximum

19 obligation of the United States for any other grant

20 made under this title’’.

21 (b) RETROACTIVE EFFECTIVE DATE.—The amendment

22 made by subsection (a) shall take effect October 1, 1993.
5

S 2024 EAH

1 TITLE II—AIRPORT-AIR CARRIER

2 DISPUTES REGARDING AIRPORT FEES

3 SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN

4 AIRPORT FEES.

5 (a) COMPLAINT BY AIR CARRIER.—

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

7 June 30, 1994, with the Secretary a written com8 plaint alleging that any increased fee imposed upon

9 such air carrier by the owner or operator of an air10 port is not reasonable. The air carrier shall simulta11 neously file with the Secretary proof that a copy of

12 the complaint has been served on the owner or opera13 tor of the airport.

14 (2) OPPORTUNITY TO RESPOND.—Before issuing

15 an order under subsection (b), the Secretary shall pro16 vide the owner or operator of the airport an oppor17 tunity to respond to the filed complaint.

18 (3) FRIVOLOUS COMPLAINT.—If the Secretary de19 termines that a complaint is frivolous, the Secretary

20 may refuse to accept the complaint for filing.

21 (b) ORDER BY THE SECRETARY.—

22 (1) IN GENERAL.—Except as provided by para23 graph (2), the Secretary shall issue, within 7 days

24 after the filing of a complaint in accordance with

25 subsection (a), an order prohibiting the owner or op-
6

S 2024 EAH

1 erator of the airport from collecting the increased por2 tion of the fee that is the subject of the complaint, un3 less the Secretary makes a preliminary determination

4 that the increased fee is reasonable. Subject to sub5 section (d), the order shall cease to be effective on

6 June 30, 1994.

7 (2) LIMITATION.—The Secretary shall not issue

8 an order under this subsection prohibiting the collec9 tion of any portion of a fee for which the Secretary’s

10 informal mediation assistance was requested on

11 March 21, 1994.

12 (c) OPPORTUNITY TO COMMENT AND FURNISH RELAT13 ED MATERIAL.—Within a period prescribed by the Sec14 retary, the owner or operator of the airport and any affected

15 air carrier may submit comments to the Secretary on a

16 complaint filed under subsection (a) and furnish to the Sec17 retary any related documents or other material.

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

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

20 take appropriate action on the complaint, including termi21 nation or other modification of any order issued under sub22 section (b).

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

24 fee imposed pursuant to a written agreement binding on

25 air carriers using the facilities of an airport.
7

S 2024 EAH

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

2 this section shall adversely affect any existing written agree3 ment between an air carrier and the owner or operator of

4 an airport.

5 SEC. 202. DEFINITIONS.

6 For purposes of this title—

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

8 landing fee, or other service charge for the use of air9 port facilities; and

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

11 Transportation.

12 TITLE III—REFORM OF AIR TRAFFIC

13 CONTROL SYSTEM

14 SEC. 301. AIR TRAFFIC CONTROL SYSTEM.

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

16 undertake a study of management, regulatory, and legisla17 tive reforms which would enable the air traffic control sys18 tem of the federal Aviation Administration to provide better

19 services to users and reduce the costs of providing services,

20 without reducing the safety of the system or the availability

21 of the system to all categories of users and without changing

22 the basic organizational structure under which the system

23 is part of the Federal Aviation Administration.

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

25 subsection (a) shall include the following:
8

S 2024 EAH

1 (1) Evaluation of reforms which would stream2 line procurement, enhance the ability to attract and

3 retain adequate staff at hard-to-staff facilities, sim4 plify the personnel process, provide funding stability,

5 ensure continuity of leadership, and reduce the inci6 dence of unnecessarily detailed management oversight.

7 (2) Identification of any existing laws or regula8 tions governing procurement or personnel which are

9 having an adverse effect on the operation or mod10 ernization of the air traffic control system.

11 (3) Evaluation of a range of possible reforms

12 and the advantages and disadvantages of each pos13 sible reform.

14 (4) Comparison of the advantages and disadvan15 tages of each possible reform with the comparable ad16 vantages and disadvantages to be achieved under any

17 proposal of the Secretary of Transportation to create

18 a separate Federal corporate entity to operate the air

19 traffic control system.

20 (c) DEADLINE.—The results of the study to be con21 ducted under subsection (a) shall be contained in a report

22 which shall be completed by the Secretary of Transportation

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

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

25 submits to Congress proposed legislation to create a separate
9

S 2024 EAH

1 corporate entity to operate the air traffic control system,

2 whichever date occurs first.

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

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

5 shall transmit copies of the report to the Committee on

6 Commerce, Science, and Transportation of the Senate and

7 the Committee on Public Works and Transportation of the

8 House of Representatives.

9 TITLE IV—MISCELLANEOUS PROVISIONS

10 SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRA11 TION PROJECT.

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

13 the personnel demonstration project for certain Federal

14 Aviation Administration employees on June 17, 1994, pur15 suant to section 4703 of title 5, United States Code, the

16 Federal Aviation Administration shall continue to pay

17 quarterly retention allowance payments in accordance with

18 subsection (b) to those employees who are entitled to quar19 terly retention allowance payments under the demonstra20 tion project as of June 16, 1994.

21 (b) COMPUTATION RULES.—

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

23 retention allowance payment to which an employee is

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

25 the last quarterly retention allowance payment paid
10

S 2024 EAH

1 to such employee under the personnel demonstration

2 project prior to June 17, 1994, reduced by that por3 tion of the amount of any increase in the employee’s

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

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

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

7 to that portion of the quarter for which the allowance

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

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

10 pay includes—

11 (A) any increase under section 5303 of title

12 5, United States Code;

13 (B) any increase in locality-based com14 parability payments under section 5304 of such

15 title 5 (except if, or to the extent that, such in16 crease is offset by a reduction of an interim geo17 graphic adjustment under section 302 of the Fed18 eral Employees Pay Comparability Act of 1990);

19 (C) any establishment or increase in a spe20 cial rate of pay under section 5305 of such title

21 5;

22 (D) any increase in basic pay pursuant to

23 a promotion under section 5334 of such title 5;

24 (E) any periodic step-increase under section

25 5335 of such title 5;
11

S 2024 EAH

1 (F) any additional step-increase under sec2 tion 5336 of such title 5; and

3 (G) any other increase in annual rate of

4 basic pay under any other provision of law.

5 (2) SPECIAL RULE.—In the case of an employee

6 on leave without pay or other similar status for any

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

8 which the amount of the allowance payments for such

9 employee under subsection (a) are computed, the

10 ‘‘amount of the last quarterly retention allowance

11 payment paid to such employee under the personnel

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

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

14 amount of the allowance which would have been pay15 able to such employee for such quarter under such

16 project had such employee been in pay status through17 out such quarter.

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

19 quarterly retention allowance payments under this section

20 shall cease when—

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

22 zero under subsection (b), or

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

24 in which the employee would not, prior to June 17,
12

S 2024 EAH

1 1994, have been entitled to receive an allowance under

2 the demonstration project,

3 whichever is earlier.

Attest:

Clerk.