103D CONGRESS

2D SESSION S. 2024

AN ACT

To provide temporary obligational authority for the

levels for up to 60 days, and for other purposes.certain airport fees to be maintained at existingairport improvement program and to provide for
103D CONGRESS

2D SESSION S. 2024

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.

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

2 IMPROVEMENT 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 fis11 cal years ending before October 1, 1994’’ imme12 diately before the period at the end.

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 by 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 AIR19 PORT FEES

20 SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN

21 AIRPORT FEES.

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

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

24 written complaint alleging that any increased fee imposed

25 upon such air carrier by the owner or operator of an air-
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1 port is not reasonable. The air carrier shall simultaneously

2 file with the Secretary proof that a copy of the complaint

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

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

5 Secretary shall provide the owner or operator of the air6 port an opportunity to respond to the filed complaint.

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

8 frivolous, the Secretary may refuse to accept the complaint

9 for filing.

10 (b) ORDER BY THE SECRETARY.—(1) Except as pro11 vided by paragraph (2), the Secretary shall, within 7 days

12 after the filing of a complaint in accordance with sub13 section (a), issue an order prohibiting the owner or opera14 tor of the airport from collecting the increased portion of

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

16 Secretary makes a preliminary determination that the in17 creased fee is reasonable. The order shall cease to be effec18 tive on June 30, 1994.

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

20 subsection prohibiting the collection of any portion of a

21 fee for which the Secretary’s informal mediation assist22 ance was requested on March 21, 1994.

23 (c) OPPORTUNITY TO COMMENT AND FURNISH RE24 LATED MATERIAL.—Within a period prescribed by the

25 Secretary, the owner or operator of the airport and any
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1 affected air carrier may submit comments to the Secretary

2 on a complaint filed under subsection (a) and furnish any

3 related documents or other material.

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

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

6 may take appropriate action on the complaint, including

7 but not limited to termination or other modification of any

8 order issued under subsection (b).

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

10 a fee imposed pursuant to a written agreement binding

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

12 (f) EFFECT ON EXISTING AGREEMENTS.—Nothing

13 in this section shall adversely affect any existing written

14 agreement between an air carrier and the owner or opera15 tor of an airport.

16 SEC. 202. DEFINITIONS.

17 For purposes of this title—

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

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

20 use of airport facilities; and
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1 (2) the term ‘‘Secretary’’ means the Secretary

2 of Transportation.

Passed the Senate April 19 (legislative day, April

11), 1994.

Attest:

Secretary.
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