IIA

103D CONGRESS

1ST SESSION H. R. 2739

IN THE SENATE OF THE UNITED STATES

OCTOBER 18 (legislative day, OCTOBER 13), 1993

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To amend the Airport and Airway Improvement Act of 1982

to authorize appropriations for fiscal years 1994, 1995,

and 1996, 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 ‘‘Aviation Infrastructure

5 Investment Act of 1993’’.
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1 TITLE I—AIRPORT AND AIRWAY

2 IMPROVEMENT ACT AMEND3 MENTS

4 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

6 505(a) of the Airport and Airway Improvement Act of

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

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

9 (2) by inserting after ‘‘1993’’ the following: ‘‘,

10 $18,071,700,000 for fiscal years ending before Octo11 ber 1, 1994, $20,232,700,000 for fiscal years ending

12 before October 1, 1995, and $22,446,700,000 for

13 fiscal years ending before October 1, 1996’’.

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

15 of such Act is amended by striking ‘‘1993’’ and inserting

16 ‘‘1996’’.

17 SEC. 102. AIRWAY IMPROVEMENT PROGRAM.

18 (a) AIRWAY FACILITIES AND EQUIPMENT.—Section

19 506(a)(1) of the Airport and Airway Improvement Act of

20 1982 (49 U.S.C. App. 2205(a)(1)) is amended by striking

21 ‘‘$11,100,000,000’’ and all that follows through ‘‘1995’’

22 and inserting the following: ‘‘$10,724,000,000 for fiscal

23 years ending before October 1, 1994, $13,394,000,000 for

24 fiscal years ending before October 1, 1995, and
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1 $16,129,000,000 for fiscal years ending before October 1,

2 1996’’.

3 (b) OTHER EXPENSES.—Section 506(c) of such Act

4 is amended—

5 (1) by striking ‘‘–1995’’ in the heading for para6 graph (4) and inserting ‘‘–1993’’;

7 (2) by striking ‘‘1993, 1994, and 1995’’ in

8 paragraph (4) and inserting ‘‘and 1993’’; and

9 (3) by adding at the end the following:

10 ‘‘(5) FISCAL YEARS 1994–1996.—The amount

11 appropriated from the Trust Fund for the purposes

12 of clauses (A) and (B) of paragraph (1) of this sub13 section for each of fiscal years 1994, 1995, and

14 1996 may not exceed the lesser of—

15 ‘‘(A) 50 percent of the amount of funds

16 made available under section 505 and sub17 sections (a) and (b) of this section for such fis18 cal year; or

19 ‘‘(B)(i) 70 percent of the amount of funds

20 made available under section 505, subsections

21 (a) and (b) of this section, and section 106(k)

22 of title 49, United States Code, for such fiscal

23 year; less
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1 ‘‘(ii) the amount of funds made available

2 under section 505 and subsections (a) and (b)

3 of this section for such fiscal year.’’.

4 (c) PRESERVATION OF FUNDS.—Section 506(e)(5) of

5 such Act is amended by striking ‘‘1995’’ and inserting

6 ‘‘1996’’.

7 SEC. 103. OPERATIONS OF FAA.

8 Section 106(k) of title 49, United States Code, is

9 amended by striking ‘‘, $5,100,000,000’’ and all that fol10 lows through ‘‘1995’’ and inserting ‘‘, $4,576,000,000 for

11 fiscal year 1994, $4,674,000,000 for fiscal year 1995, and

12 $4,810,000,000 for fiscal year 1996’’.

13 SEC. 104. APPORTIONMENT OF FUNDS.

14 (a) MINIMUM AMOUNT FOR PRIMARY AIRPORTS.—

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

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

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

18 (b) CONSIDERATION OF DIVERSION OF REVENUES IN

19 AWARDING DISCRETIONARY GRANTS.—Section 507 of

20 such Act is further amended by redesignating subsection

21 (f) as subsection (g) and by inserting after subsection (e)

22 the following new subsection:

23 ‘‘(f) CONSIDERATION OF DIVERSION OF REVENUES

24 IN AWARDING DISCRETIONARY GRANTS.—In deciding

25 whether or not to distribute funds to an airport from the
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1 discretionary funds established by subsections (c) and (d),

2 the Secretary shall consider as a factor militating against

3 the distribution of such funds to the airport the fact that

4 the airport is using revenues generated by the airport or

5 by local taxes on aviation fuel for purposes other than cap6 ital or operating costs of the airport or the local airports

7 system.’’.

8 SEC. 105. USE OF APPORTIONED AND DISCRETIONARY

9 FUNDS.

10 (a) INTEGRATED AIRPORT SYSTEM PLANNING SET11 ASIDE.—Section 508(d)(4) of the Airport and Airway Im12 provement Act of 1982 (49 U.S.C. App. 2207(d)(4)) is

amended by striking ‘‘1⁄2’’ and inserting ‘‘3 13 ⁄4’’.

14 (b) MILITARY AIRPORT SET-ASIDE.—Section

15 508(d)(5) of such Act is amended by striking ‘‘and 1995’’

16 and inserting ‘‘, 1995, and 1996’’.

17 (c) DESIGNATION OF MILITARY AIRPORTS.—Section

18 508(f)(1) of such Act is amended by striking ‘‘12’’ and

19 inserting ‘‘16’’.

20 (d) CONSTRUCTION OF PARKING LOTS, FUEL

21 FARMS, AND UTILITIES.—Section 508(f)(6) of such Act

22 is amended by striking ‘‘and 1995’’ and inserting ‘‘1995,

23 and 1996’’.
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1 SEC. 106. PROJECT SPONSORSHIP.

2 Section 511(a) of the Airport and Airway Improve3 ment Act of 1982 (49 U.S.C. App. 2210(a)) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (16);

6 (2) by striking the period at the end of para7 graph (17) and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(18) the airport owner or operator will submit

10 to the Administrator and make available to the pub11 lic an annual report listing in detail (A) all amounts

12 paid by the airport to any other unit of government

13 and the purposes for which each such payment was

14 made, and (B) all services and property provided to

15 other units of government and the amount of com16 pensation received for provision of each such service

17 and property.’’.

18 SEC. 107. INCLUSION OF TERMINAL DEVELOPMENT AS A

19 PROJECT COST.

20 Section 513(b)(2) of the Airport and Airway Im21 provement Act of 1982 (49 U.S.C. App. 2212(b)(2)) is

22 amended—

23 (1) in the second sentence by inserting after

24 ‘‘may be used’’ the following: ‘‘, subject to the ap25 proval of the Secretary,’’; and
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1 (2) by adding at the end the following: ‘‘All or

2 any portion of the sums to be distributed at the dis3 cretion of the Secretary under sections 507(c) and

4 507(d) for any fiscal year may be distributed for use

5 by primary airports each of which annually has .05

6 or less of the total enplanements in the United

7 States for project costs allowable under paragraph

8 (1) of this subsection.’’.

9 SEC. 108. INCLUSION OF EXPLOSIVE DETECTION DEVICES

10 AND UNIVERSAL ACCESS SYSTEMS.

11 Section 503(a)(2)(B)(ii) of the Airport and Airway

12 Improvement Act of 1982 (49 U.S.C. App.

13 2202(a)(2)(B)(ii)) is amended by inserting after ‘‘or secu14 rity equipment’’ the following: ‘‘, including explosive detec15 tion devices and universal access systems,’’.

16 SEC. 109. DECLARATION OF POLICY.

17 Section 502(a) of the Airport and Airway Improve18 ment Act of 1982 (49 U.S.C. App. 2201(a)) is amended—

19 (1) by striking ‘‘and’’ at the end of paragraph

20 (13);

21 (2) by striking the period at the end of para22 graph (14) and inserting ‘‘; and’’; and

23 (3) by adding at the end the following:

24 ‘‘(15) the airport improvement program should

25 be administered to encourage the development and
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1 use of innovative concrete and other materials in the

2 construction of airport facilities to minimize initial

3 laydown costs, minimize time out of service, and

4 maximize lifecycle durability.’’.

5 SEC. 110. TECHNICAL AMENDMENTS.

6 (a) DEFINITIONS.—Section 503(a)(2)(B) of the Air7 port and Airway Improvement Act of 1982 (49 U.S.C.

8 App. 2202(a)(2)(B)) is amended by moving clauses (vii)

9 and (viii) 2 ems to the right.

10 (b) AIRPORT PLANS.—Section 504(a)(1) of such Act

11 (49 U.S.C. App. 2203(a)(1)) is amended by redesignating

12 clauses (1), (2), and (3) as clauses (A), (B), and (C), re13 spectively.

14 (c) AIP OTHER EXPENSES.—Section 506(c)(3)(B)(i)

15 of such Act (49 U.S.C. App. 2205(c)(3)(B)(i)) is amended

16 by striking ‘‘and,’’ and inserting ‘‘, and’’.

17 SEC. 111. LETTERS OF INTENT.

18 Section 513(d)(1) of the Airport and Airway Im19 provement Act of 1982 (49 U.S.C. App. 2212(d)(1)) is

20 amended by adding at the end the following new subpara21 graph:

22 ‘‘(H) LIMITATION ON STATUTORY CON23 STRUCTION.—Nothing in this section shall be

24 construed to prohibit the obligation of amounts

25 pursuant to a letter of intent under this para-
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1 graph in the same fiscal year as the letter of in2 tent is issued.’’.

3 SEC. 112. PALM SPRINGS, CALIFORNIA.

4 (a) AUTHORITY TO GRANT RELEASE.—Notwith5 standing section 4 of the Act of October 1, 1949 (50

6 U.S.C. App. 1622c), and subject to the provisions of sub7 section (b), the Administrator of the Federal Aviation Ad8 ministration shall grant releases from all of the terms,

9 conditions, reservations, and restrictions contained in the

10 deed of conveyance dated September 15, 1949, under

11 which the United States conveyed certain property to

12 Palm Springs, California, for airport purposes. The re13 leases shall apply only to approximately 11 acres of lot

14 16 of section 13, and approximately 39.07 acres of lots

15 19 and 20 of section 19, used by the city of Palm Springs,

16 California, for general governmental purposes.

17 (b) CONDITIONS.—Any release granted by the Ad18 ministrator of the Federal Aviation Administration under

19 subsection (a) shall be subject to the following conditions:

20 (1) The Administrator shall waive any require21 ment that there be credited to the account of the

22 airport any amount attributable to the city’s use for

23 governmental purposes of any land conveyed under

24 the deed of conveyance referred to in subsection (a)

25 before the date of the enactment of this section.
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1 (2) The city shall abandon all claims, against

2 income of the Palm Springs Regional Airport or

3 other assets of that airport, for reimbursement of

4 general revenue funds that the city may have ex5 pended before the date of the enactment of this sec6 tion for acquisition of 523.39 acres of land conveyed

7 August 28, 1961, for airport purposes and for ex8 penses incurred at any time in connection with such

9 acquisition, and such claims shall not be eligible for

10 reimbursement under the Airport and Airway Im11 provement Act or any successor Act.

12 TITLE II—MISCELLANEOUS

13 PROVISIONS

14 SEC. 201. PROTECTION OF SMALL COMMUNITY AIRLINE

15 PASSENGERS.

16 (a) ACCESS TO HIGH DENSITY AIRPORTS.—Section

17 419(b) of the Federal Aviation Act of 1958 (49 U.S.C.

18 App. 1389(b)) is amended by adding at the end the follow19 ing new paragraph:

20 ‘‘(10) ACCESS TO HIGH DENSITY AIRPORTS.—

21 ‘‘(A) NONCONSIDERATION OF SLOT AVAIL22 ABILITY.—In determining what is basic essen23 tial air service and in selecting an air carrier to

24 provide such service, the Secretary shall not

25 give consideration to whether slots at a high
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1 density airport are available for providing such

2 service.

3 ‘‘(B) MAKING SLOTS AVAILABLE.—If basic

4 essential air service is to be provided to and

5 from a high density airport, the Secretary shall

6 ensure that a sufficient number of slots at such

7 airport are available to the air carrier providing

8 or selected to provide such service. If necessary

9 to carry out the objectives of this subsection,

10 the Secretary shall take such action as may be

11 necessary to have such slots transferred or oth12 erwise made available to the air carrier; except

13 that the Secretary shall not be required to

14 make slots available at O’Hare International

15 Airport in Chicago, Illinois, if the number of

16 slots available for basic essential air service to

17 and from such airport is at least 132 slots.’’.

18 (b) TRANSFERS OF SLOTS AT HIGH DENSITY AIR19 PORTS.—Section 419(b)(7) of such Act (49 U.S.C. App.

20 1389(b)(7)) is amended—

21 (1) by striking ‘‘TRANSFER OF OPERATIONAL

22 AUTHORITY AT CERTAIN’’ and inserting ‘‘TRANS23 FERS OF SLOTS AT’’;

24 (2) by striking ‘‘an airport at which the Admin25 istrator limits the number of instrument flight rule
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1 takeoffs and landings of aircraft’’ and inserting ‘‘a

2 high density airport’’;

3 (3) by striking ‘‘operational authority’’ and in4 serting ‘‘slots’’;

5 (4) by striking ‘‘has to conduct a landing or

6 takeoff’’ and inserting ‘‘have’’;

7 (5) by striking ‘‘such authority’’ the first place

8 it appears and inserting ‘‘such slots’’;

9 (6) by striking ‘‘such authority is’’ and insert10 ing ‘‘such slots are’’; and

11 (7) by inserting ‘‘basic essential’’ after ‘‘used to

12 provide’’.

13 (c) DEFINITIONS.—Section 419(k) of such Act (49

14 U.S.C. App. 1389(k)) is amended by adding at the end

15 the following new paragraphs:

16 ‘‘(6) HIGH DENSITY AIRPORT.—The term ‘high

17 density airport’ means an airport at which the Ad18 ministrator limits the number of instrument flight

19 rule takeoffs and landings of aircraft.

20 ‘‘(7) SECRETARY.—The term ‘Secretary’ means

21 the Secretary of Transportation.

22 ‘‘(8) SLOT.—The term ‘slot’ means a reserva23 tion for an instrument flight rule takeoff or landing

24 by an air carrier of an aircraft in air transpor25 tation.’’.
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1 SEC. 202. ACCESS OF FOREIGN AIR CARRIERS TO HIGH

2 DENSITY AIRPORTS.

3 (a) IN GENERAL.—Title IV of the Federal Aviation

4 Act of 1958 (49 U.S.C. 1371–1389) is amended by adding

5 at the end the following:

6 ‘‘SEC. 420. ACCESS OF FOREIGN AIR CARRIERS TO HIGH

7 DENSITY AIRPORTS.

8 ‘‘(a) IN GENERAL.—The Secretary shall not take a

9 slot at a high density airport from an air carrier and

10 award such slot to a foreign air carrier if the Secretary

11 determines that air carriers are not provided equivalent

12 rights of access to airports in the country of which such

13 foreign air carrier is a citizen.

14 ‘‘(b) DEFINITIONS.—In this section, the terms ‘high

15 density airport’, ‘Secretary’, and ‘slot’ have the meaning

16 such terms have under section 419.’’.

17 (b) CONFORMING AMENDMENT.—The portion of the

18 table of contents contained in the first section of such Act

19 relating to title IV is amended by adding at the end the

20 following:

‘‘Sec. 420. Access of foreign air carriers to high density airports.

‘‘(a) In general.

‘‘(b) Definitions.’’.

21 SEC. 203. PROCESSING FEES.

22 Section 313(f) of the Federal Aviation Act of 1958

23 (49 U.S.C. App. 1354 (f)) is amended—
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1 (1) by redesignating paragraphs (3) and (4) as

2 paragraphs (4) and (5), respectively; and

3 (2) by inserting after paragraph (2) the follow4 ing:

5 ‘‘(3) FOREIGN REPAIR STATION CERTIFICATION

6 AND INSPECTION FEES.—The Administrator shall

7 establish and collect fees for certification and inspec8 tion of repair stations outside of the United States

9 equivalent to the costs of providing the certification

10 and inspection services.’’.

11 SEC. 204. RULEMAKING ON RANDOM TESTING FOR PROHIB12 ITED DRUGS.

13 Not later than 1 year after the date of the enactment

14 of this Act, the Secretary of Transportation shall complete

15 a rulemaking proceeding and issue a final decision on

16 whether there should be a reduction in the annualized rate

17 of random testing for prohibited drugs now required by

18 the Secretary for personnel engaged in aviation activities.

19 If the Secretary does not issue the final decision on or

20 before the last day of such 1-year period, then, effective

21 on the succeeding day, the annualized rate of random test22 ing shall be 25 percent of such personnel.

23 SEC. 205. PASSENGER FACILITY CHARGES.

24 (a) CLARIFICATION OF APPLICABILITY.—
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1 (1) GENERAL RULE.—Section 1113(e)(1) of the

2 Federal Aviation Act of 1958 (49 U.S.C. App.

3 1513(e)(1)) is amended by adding at the end the fol4 lowing new sentence: ‘‘After the date of the enact5 ment of this sentence, no public agency authority

6 shall collect a fee authorized to be imposed under

7 this subsection from a passenger enplaning at an

8 airport if the passenger did not pay for the air

9 transportation which resulted in such enplanement,

10 including any case in which the passenger obtained

11 the ticket for the air transportation with a frequent

12 flier award coupon without monetary payment.’’.

13 (2) LIMITATION ON STATUTORY CONSTRUC14 TION.—The amendment made by paragraph (1)

15 shall not be construed as requiring any person to re16 fund any fee paid before the date of the enactment

17 of this Act.

18 (b) USE OF REVENUES AND RELATIONSHIP BE19 TWEEN FEES AND REVENUES.—Section 1113(e)(2) of

20 such Act is amended—

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (A);

23 (2) by striking the period at the end of sub24 paragraph (B)(iii) and inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(C) that the application includes adequate

2 justification for each of the specific projects.’’.

3 SEC. 206. TERM OF OFFICE OF FAA ADMINISTRATOR.

4 Section 106(b) of title 49, United States Code, is

5 amended by adding at the end the following: ‘‘The term

6 of office for any individual appointed as Administrator

7 after the date of the enactment of this sentence shall be

8 5 years.’’.

9 SEC. 207. NOISE ABATEMENT PROGRAM.

10 (a) SOUNDPROOFING OF CERTAIN RESIDENTIAL

11 BUILDINGS.—Section 104(c)(2) of the Aviation Safety

12 and Noise Abatement Act of 1979 (49 U.S.C. App.

13 2104(c)(2)) is amended—

14 (1) by inserting ‘‘(A)’’ before ‘‘to operators of

15 airports’’; and

16 (2) by striking the period at the end and insert17 ing ‘‘; and (B) for projects to soundproof residential

18 buildings—

19 ‘‘(i) if the operator of the airport involved re20 ceived approval for a grant for a project to sound21 proof residential buildings pursuant to section

22 301(d)(4)(B) of the Airport and Airway Safety and

23 Capacity Expansion Act of 1987;
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1 ‘‘(ii) if the operator of the airport involved sub2 mits updated noise exposure contours, as required

3 by the Secretary; and

4 ‘‘(iii) if the Secretary determines that the pro5 posed projects are compatible with the purposes of

6 this Act.’’.

7 (b) SOUNDPROOFING AND ACQUISITION OF CERTAIN

8 RESIDENTIAL PROPERTIES.—Section 104(c) of such Act

9 is further amended by adding at the end the following:

10 ‘‘(4) SOUNDPROOFING AND ACQUISITION OF

11 CERTAIN RESIDENTIAL PROPERTIES.—The Secretary

12 is authorized under this section to make grants to

13 operators of airports and to units of local govern14 ment referred to in paragraph (1) for projects to

15 soundproof residential buildings located on residen16 tial properties, and for projects to acquire residential

17 properties, at which noise levels are not compatible

18 with normal operations of an airport—

19 ‘‘(A) if the operator of the airport involved

20 amended an existing local aircraft noise regula21 tion during calendar year 1993 to increase the

22 maximum permitted noise levels for scheduled

23 air carrier aircraft as a direct result of imple24 mentation of revised aircraft noise departure

25 procedures mandated for aircraft safety pur-
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1 poses by the Administrator of the Federal Avia2 tion Administration for standardized application

3 at airports served by scheduled air carriers;

4 ‘‘(B) if the operator of the airport involved

5 submits updated noise exposure contours, as re6 quired by the Secretary; and

7 ‘‘(C) if the Secretary determines that the

8 proposed projects are compatible with the pur9 poses of this Act.’’.

10 SEC. 208. LABOR MANAGEMENT RELATIONS.

11 The Metropolitan Washington Airports Act of 1986

12 (49 U.S.C. App. 2451–2461) is amended—

13 (1) in section 6007(c)(5) by striking ‘‘to the ex14 tent that the Federal Aviation Administration is so

15 authorized on the date of enactment of this title’’;

16 (2) by redesignating sections 6010, 6011, and

17 6012 as sections 6011, 6012, and 6013, respectively;

18 and

19 (3) by inserting after section 6009 the following

20 new section:

21 ‘‘SEC. 6010. LABOR MANAGEMENT RELATIONS.

22 ‘‘(a) APPLICATION OF FEDERAL LABOR LAWS.—Ex23 cept as otherwise provided by this section, the provisions

24 of the National Labor Relations Act and the Labor Man25 agement Relations Act, 1947 shall apply to labor-manage-
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1 ment relations between the Airports Authority and labor

2 organizations representing bargaining units at the Metro3 politan Washington Airports.

4 ‘‘(b) SUITS.—

5 ‘‘(1) JURISDICTION OF U.S. COURTS.—The

6 courts of the United States shall have jurisdiction

7 with respect to actions brought by the National

8 Labor Relations Board under this section to the

9 same extent that such courts have jurisdiction with

10 respect to actions brought under the National Labor

11 Relations Act.

12 ‘‘(2) LABOR CONTRACT VIOLATIONS.—Suits for

13 violation of contracts between the Airports Authority

14 and a labor organization representing bargaining

15 units at the Metropolitan Washington Airports, or

16 between any such labor organizations, may be

17 brought in any district court of the United States

18 having jurisdiction of the parties, without respect to

19 the amount of controversy.

20 ‘‘(3) AGENTS OF LABOR ORGANIZATIONS.—A

21 labor organization described in paragraph (2) and

22 the Airports Authority shall be bound by the author23 ized acts of their agents. Any such labor organiza24 tion may sue or be sued as an entity and in behalf

25 of those whom it represents in the courts of the
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1 United States. Any money judgment against such a

2 labor organization in a district court of the United

3 States shall be enforceable only against the organi4 zation as an entity and against its assets and shall

5 not be enforceable against any individual member or

6 the member’s assets.

7 ‘‘(c) COLLECTIVE-BARGAINING AGREEMENTS.—

8 ‘‘(1) PERIOD OF EFFECTIVENESS.—Collective9 bargaining agreements between the Airports Author10 ity and labor organizations shall be effective for not

11 less than 2 years.

12 ‘‘(2) RESOLUTION OF GRIEVANCES.—Collective13 bargaining agreements negotiated by the Airports

14 Authority shall provide for procedures for resolution

15 by the parties of grievances and other disputes aris16 ing during the term of the agreement, culminating

17 in binding third-party arbitration, unless the parties

18 agree otherwise.

19 ‘‘(3) RESOLUTION OF DISPUTES IN NEGOTIA20 TIONS.—The Airports Authority and a labor organi21 zation may by mutual agreement adopt procedures

22 for the resolution of disputes or impasses arising in

23 the negotiation of a collective-bargaining agreement.

24 ‘‘(d) LABOR DISPUTES.—
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1 ‘‘(1) WRITTEN NOTICE REQUIREMENT.—If

2 there is a collective-bargaining agreement between

3 the Airports Authority and labor organizations in ef4 fect, no party to such agreement shall terminate or

5 modify such agreement unless the party desiring

6 such termination or modification serves written no7 tice upon the other party to the agreement of the

8 proposed termination or modification not less than

9 90 days prior to the time it is proposed to make

10 such termination or modification. The party serving

11 such notice shall notify the Federal Mediation and

12 Conciliation Service of the existence of a dispute

13 within 45 days of such notice if no agreement has

14 been reached by that time.

15 ‘‘(2) MEDIATION OF DISPUTES.—If the parties

16 fail to reach agreement or to adopt a procedure pro17 viding for a binding resolution of a dispute by the

18 expiration date of the agreement in effect, or the

19 date of the proposed termination or modification, the

20 Director of the Federal Mediation and Conciliation

21 Service shall direct mediation of the dispute. For

22 this purpose, the Director shall submit to the parties

23 a list of not fewer than 10 names. If the parties fail

24 to select a mediator, the selection shall be made by

25 the Director.
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1 ‘‘(3) ARBITRATION BOARD.—

2 ‘‘(A) ESTABLISHMENT.—If no agreement

3 is reached within 90 days after the expiration

4 or termination of the agreement or the date on

5 which the agreement became subject to modi6 fication under paragraph (1) of this subsection,

7 or if the parties decide upon arbitration but do

8 not agree upon the procedures therefor, an ar9 bitration board shall be established consisting of

10 3 members, 1 of whom shall be selected by the

11 Airports Authority, 1 by the bargaining rep12 resentative, and the third by the 2 thus selected

13 who shall be designated chairman. If either of

14 the parties fails to select a member, or if the

15 members chosen by the parties fail to agree on

16 the third person within 5 days after their first

17 meeting, the selection shall be made utilizing

18 the rules of the American Arbitration Associa19 tion.

20 ‘‘(B) HEARINGS AND DECISIONS.—The ar21 bitration board shall give the parties a full and

22 fair hearing, including an opportunity to

23 present evidence in support of their claims, and

24 an opportunity to present their case in person,

25 by counsel or by other representative as they
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1 may elect. All procedural disputes shall be de2 cided by the board. The board shall have the

3 authority to administer oaths and compel the

4 attendance of witnesses and the production of

5 documents. Decisions of the board shall be con6 clusive and binding upon the parties. The board

7 shall render its decision within 45 days after its

8 appointment, unless a later date is mutually

9 agreed upon by both parties.

10 ‘‘(C) COSTS.—Costs of the arbitration

11 board shall be shared equally by the Airports

12 Authority and the bargaining representative.

13 ‘‘(D) PROCEDURES.—In the case of a bar14 gaining unit whose collective-bargaining rep15 resentative does not have an agreement with

16 the Airport Authority, if the parties fail to

17 reach agreement within 90 days of the com18 mencement of collective bargaining, mediation

19 will take place in accordance with the terms of

20 paragraph (2) of this subsection, unless the

21 parties have previously agreed to another proce22 dure for a binding resolution of their dif23 ferences. If the parties fail to reach agreement

24 within 180 days of the commencement of collec25 tive bargaining and if they have not agreed to
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1 another procedure for binding resolution, an ar2 bitration board shall be established to provide

3 conclusive and binding arbitration in accord4 ance with the terms of paragraph (3) of this

5 subsection.

6 ‘‘(E) CONSIDERATIONS IN MAKING

7 AWARDS.—Except insofar as compensation and

8 benefits may be specified elsewhere in this title,

9 the arbitration board, in arriving at its award,

10 shall take into account compensation, benefits,

11 and conditions of employment of comparable

12 employees in Alexandria, Arlington, and Fairfax

13 Counties, Virginia; the District of Columbia;

14 and Montgomery and Prince Georges Counties,

15 Maryland, and other criteria traditionally con16 sidered in collective bargaining.

17 ‘‘(e) NO STRIKES OR LOCKOUTS; MAINTENANCE OF

18 STATUS QUO.—Notwithstanding any other provision of

19 law, the parties to a collective bargaining agreement be20 tween the Airports Authority and a labor organization

21 shall not resort to strike or lockout. The parties shall re22 frain from making changes in working conditions pending

23 the resolution of labor disputes as provided in subsection

24 (d) of this section.’’.
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1 SEC. 209. TECHNICAL AMENDMENT.

2 Section 9130 of the Aviation Safety and Capacity Ex3 pansion Act of 1990 (49 U.S.C. App. 2226b) is amended

4 by striking ‘‘subsection’’ and inserting ‘‘section’’.

5 SEC. 210. REPORT ON CERTAIN BILATERAL NEGOTIATIONS.

6 The Secretary of Transportation shall report every

7 other month to the Committee on Public Works and

8 Transportation of the House of Representatives and the

9 Committee on Commerce, Science, and Transportation of

10 the Senate on the status of all active aviation bilateral ne11 gotiations and informal government-to-government con12 sultations with United States aviation trade partners.

13 SEC. 211. HIGH DENSITY RULE AND REALLOCATION OF

14 SLOTS.

15 (a) HIGH DENSITY RULE.—

16 (1) STUDY.—The Secretary of Transportation

17 shall conduct a study and provide recommendations

18 to Congress on whether improvements in the tech19 nology and procedures of the air traffic control sys20 tem and the use of quieter aircraft make it possible

21 to eliminate the limitations on hourly operations im22 posed by the high density rule contained in part 93

23 of title 14 of the Code of Federal Regulations or to

24 increase the number of operations permitted under

25 such rule. The study shall include consideration of

26 the effects of the elimination of limitations or an in-
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1 crease in the number of operations allowed on each

2 of the following:

3 (A) Safety.

4 (B) Congestion and delay in any part of

5 the national aviation system.

6 (C) The impact of noise on persons living

7 near the airport.

8 (D) Competition in the air transportation

9 system.

10 (E) The profitability of operations of air11 lines serving the airport.

12 (2) COORDINATION.—In conducting the study

13 under this subsection, the Secretary of Transpor14 tation shall consult with officials of airports subject

15 to the high density rule, the cities in which such air16 ports are located, representatives of citizens living in

17 the vicinity of such airports, air carriers now serving

18 such airports or interested in inaugurating such

19 service, and other interested persons.

20 (3) REPORT.—Not later than 1 year after the

21 date of the enactment of this Act, the Secretary of

22 Transportation shall transmit the findings of the

23 study conducted under this subsection, together with

24 recommendations, to the Committee on Public

25 Works and Transportation of the House of Rep-
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1 resentatives and the Committee on Commerce,

2 Science, and Transportation of the Senate.

3 (b) SLOTS FOR FOREIGN AIR TRANSPORTATION.—

4 (1) STUDY.—The Secretary of Transportation

5 shall conduct a study to determine the impact of a

6 change in law or regulations that would prohibit the

7 withdrawal of a slot from an air carrier providing

8 interstate air transportation at a high density air9 port in any case in which such slot is withdrawn in

10 order to allocate it to an air carrier or foreign air

11 carrier to provide foreign air transportation.

12 (2) CONTENTS.—In conducting the study under

13 this subsection, the Secretary shall examine the fol14 lowing:

15 (A) The impact of a prohibition described

16 in paragraph (1) on the aviation relationship

17 between the United States Government and for18 eign governments.

19 (B) Whether such a prohibition would re20 sult in the withdrawal of slots from general

21 aviation and military aviation in order to allo22 cate them to air carriers and foreign air car23 riers providing foreign air transportation and

24 the impact of such a withdrawal of slots on gen25 eral aviation and military aviation.
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1 (C) The impact on air carriers providing

2 interstate air transportation of the current

3 practice of withdrawing slots in order to allo4 cate them to air carriers or foreign air carriers

5 providing foreign air transportation.

6 (D) The impact of the planned relocation

7 of Air Force Reserve units and the Air National

8 Guard at O’Hare International Airport on the

9 future availability of slots at that airport.

10 (3) REPORT.—Not later than January 15,

11 1994, the Secretary of Transportation shall transmit

12 to Congress a report on the results of the study con13 ducted under this subsection, together with such rec14 ommendations for legislative or administrative action

15 as the Secretary determines appropriate.

16 SEC. 212. REPEAL.

17 Section 31 of the Airport and Airway Development

18 Act of 1970 (49 U.S.C. App. 1731) is hereby repealed.

19 SEC. 213. CHILD RESTRAINT SYSTEMS ON COMMERCIAL

20 AIRCRAFT.

21 (a) IN GENERAL.—Section 601 of the Federal Avia22 tion Act of 1958 (49 U.S.C. App. 1421) is amended by

23 adding at the end the following new subsection:

24 ‘‘(g) CHILD RESTRAINT SYSTEMS.—Not later than

25 90 days after the date of the enactment of this subsection,
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1 the Secretary shall issue regulations requiring an air car2 rier, upon the request of a revenue passenger on behalf

3 of a revenue child passenger, to provide a child safety re4 straint system approved by the Secretary on any aircraft

5 operated by such air carrier in providing interstate air

6 transportation, intrastate transportation, or overseas air

7 transportation. Such regulations shall establish age or

8 weight limits for children who may use such systems.’’.

9 (b) CONFORMING AMENDMENT.—The table of con10 tents contained in the first section of such Act is amended

11 by inserting at the end of the matter relating to section

12 601 the following new item:

‘‘(g) Child restraint systems.’’.

13 TITLE III

14 SEC. 301. SHORT TITLE.

15 This title may be cited as the ‘‘Federal Aviation Ad16 ministration Research, Engineering, and Development Au17 thorization Act of 1993’’.

18 SEC. 302. AVIATION RESEARCH AUTHORIZATION OF APPRO19 PRIATIONS.

20 Section 506(b)(2) of the Airport and Airway Im21 provement Act of 1982 (49 U.S.C. App. 2205(b)(2)) is

22 amended by striking subparagraph (A) and all that follows

23 through the end of the paragraph and inserting the follow24 ing:

25 ‘‘(A) for fiscal year 1994—
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1 ‘‘(i) $11,297,000 solely for manage2 ment and analysis projects and activities;

3 ‘‘(ii) $76,939,000 solely for capacity

4 and air traffic management technology

5 projects and activities;

6 ‘‘(iii) $35,675,000 solely for commu7 nications, navigation, and surveillance

8 projects and activities;

9 ‘‘(iv) $1,908,000 solely for weather

10 projects and activities;

11 ‘‘(v) $7,509,000 solely for airport

12 technology projects and activities;

13 ‘‘(vi) $40,175,000 solely for aircraft

14 safety technology projects and activities;

15 ‘‘(vii) $35,430,000 solely for system

16 security technology projects and activities;

17 ‘‘(viii) $27,756,000 solely for human

18 factors and aviation medicine projects and

19 activities;

20 ‘‘(ix) $7,586,000 for environment and

21 energy projects and activities; and

22 ‘‘(x) $5,725,000 for innovative/cooper23 ative research projects and activities, of

24 which $1,000,000 shall be available for the
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1 establishment of a new Aviation Center of

2 Excellence;

3 ‘‘(B) for fiscal year 1995—

4 ‘‘(i) $12,646,000 solely for manage5 ment and analysis projects and activities;

6 ‘‘(ii) $84,000,000 solely for capacity

7 and air traffic management technology

8 projects and activities;

9 ‘‘(iii) $39,242,000 solely for commu10 nications, navigation, and surveillance

11 projects and activities;

12 ‘‘(iv) $2,098,000 solely for weather

13 projects and activities;

14 ‘‘(v) $8,260,000 solely for airport

15 technology projects and activities;

16 ‘‘(vi) $44,192,000 solely for aircraft

17 safety technology projects and activities;

18 ‘‘(vii) $39,523,000 solely for system

19 security technology projects and activities;

20 ‘‘(viii) $31,716,000 solely for human

21 factors and aviation medicine projects and

22 activities;

23 ‘‘(ix) $8,124,000 for environment and

24 energy projects and activities; and
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1 ‘‘(x) $5,199,000 for innovative/cooper2 ative research projects and activities; and

3 ‘‘(C) for fiscal year 1996—

4 ‘‘(i) $14,131,000 solely for manage5 ment and analysis projects and activities;

6 ‘‘(ii) $92,402,000 solely for capacity

7 and air traffic management technology

8 projects and activities;

9 ‘‘(iii) $43,167,000 solely for commu10 nications, navigation, and surveillance

11 projects and activities;

12 ‘‘(iv) $2,307,000 solely for weather

13 projects and activities;

14 ‘‘(v) $9,086,000 solely for airport

15 technology projects and activities;

16 ‘‘(vi) $48,611,000 solely for aircraft

17 safety technology projects and activities;

18 ‘‘(vii) $43,475,000 solely for system

19 security technology projects and activities;

20 ‘‘(viii) $34,887,000 solely for human

21 factors and aviation medicine projects and

22 activities;

23 ‘‘(ix) $8,716,000 environment and en24 ergy projects and activities; and
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1 ‘‘(x) $5,718,000 for innovative/cooper2 ative research projects and activities.

3 Not less than 15 percent of the amount appropriated pur4 suant to this paragraph shall be for long-term research

5 projects, and not less than 3 percent of the amount appro6 priated under this paragraph shall be available to the Ad7 ministrator for making grants under section 312(g) of the

8 Federal Aviation Act of 1958.’’.

9 SEC. 303. JOINT AVIATION RESEARCH AND DEVELOPMENT

10 PROGRAM.

11 (a) ESTABLISHMENT.—The Administrator and the

12 heads of other appropriate Federal agencies shall jointly

13 establish a program to conduct research on aviation tech14 nologies that enhance United States competitiveness. The

15 program shall include—

16 (1) next-generation satellite communications,

17 including global positioning satellites;

18 (2) advances airport and airplane security;

19 (3) environmentally compatible technologies, in20 cluding technologies that limit or reduce noise and

21 air pollution;

22 (4) advanced aviation safety programs; and

23 (5) technologies and procedures to enhance and

24 improve airport and airway capacity.
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1 (b) PROCEDURES FOR CONTRACTS AND GRANTS.—

2 The Administrator and the heads of the other appropriate

3 Federal agencies shall administer contracts and grants en4 tered into under the program established under subsection

5 (a) in accordance with procedures developed jointly by the

6 Administrator and the heads of the other appropriate Fed7 eral agencies. The procedures should include an integrated

8 acquisition policy for contract and grant requirements and

9 for technical data rights that are not an impediment to

10 joint programs among the Federal Aviation Administra11 tion, the other Federal agencies involved, and industry.

12 (c) PROGRAM ELEMENTS.—The program established

13 under subsection (a) shall include—

14 (1) selected programs that jointly enhance pub15 lic and private aviation technology development;

16 (2) an opportunity for private contractors to be

17 involved in such technology research and develop18 ment; and

19 (3) the transfer of Government-developed tech20 nologies to the private sector to promote economic

21 strength and competitiveness.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—Of

23 amounts authorized to be appropriated for fiscal years

24 1994, 1995, and 1996 under section 506(b)(2) of the Air25 port and Airway Improvement Act of 1982 (49 U.S.C.
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1 App. 2205(b)(2)), as amended by section 2 of this Act,

2 there are authorized to be appropriated for fiscal years

3 1994, 1995, and 1996, respectively, such sums as may be

4 necessary to carry out this section.

5 SEC. 304. AIRCRAFT CABIN AIR QUALITY RESEARCH PRO6 GRAM.

7 (a) ESTABLISHMENT.—The Administrator of the

8 Federal Aviation Administration (in this Act referred to

9 as the ‘‘Administrator’’) and the heads of other appro10 priate Federal agencies shall establish a research program

11 to determine—

12 (1) what, if any, aircraft cabin air conditions,

13 including pressure altitude systems, on flights within

14 the United States are harmful to the health of air15 line passengers and crew, as indicated by physical

16 symptoms such as headaches, nausea, fatigue, and

17 lightheadedness; and

18 (2) the risk of airline passengers and crew con19 tracting infectious diseases during flight.

20 (b) CONTRACT WITH INDEPENDENT RESEARCH OR21 GANIZATION.—In carrying out the research program es22 tablished under subsection (a), the Administrator and the

23 heads of the other appropriate Federal agencies shall con24 tract with an independent research organization to carry
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1 out any studies necessary to meet the goals of the program

2 set forth in subsection (c).

3 (c) GOALS.—The goals of the research program es4 tablished under subsection (a) shall be—

5 (1) to determine what, if any, cabin air condi6 tions currently exist on domestic aircraft used for

7 flights within the United States that could be harm8 ful to the health of airline passengers and crew, as

9 indicated by physical symptoms such as headaches,

10 nausea, fatigue, and lightheadedness, and including

11 the risk of infection by bacteria and viruses;

12 (2) to determine to what extent, changes in,

13 cabin air pressure, temperature, rate of cabin air

14 circulation, the quantity of fresh air per occupant,

15 and humidity on current domestic aircraft would re16 duce or eliminate the risk of illness or discomfort to

17 airline passengers and crew; and

18 (3) to establish a long-term research program

19 to examine potential health problems to airline pas20 sengers and crew that may arise in an airplane cabin

21 on a flight within the United States because of cabin

22 air quality as a result of the conditions and changes

23 described in paragraphs (1) and (2).

24 (d) PARTICIPATION.—In carrying out the research

25 program established under subsection (a), the Adminis-
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1 trator shall encourage participation in the program by rep2 resentatives of aircraft manufacturers, air carriers, avia3 tion employee organizations, airline passengers, and aca4 demia.

5 (e) REPORT.—(1) Within six months after the date

6 of enactment of this Act, the Administrator shall submit

7 to the Congress a plan for implementation of the research

8 program established under subsection (a).

9 (2) The Administrator shall annually submit to the

10 Congress a report on the progress made during the year

11 for which the report is submitted toward meeting the goals

12 set forth in subsection (c).

13 (f) AUTHORIZATION OF APPROPRIATIONS.—Of

14 amounts authorized to be appropriated for fiscal years

15 1994, 1995, and 1996 under section 506(b)(2) of the Air16 port and Airway Improvement Act of 1982 (49 U.S.C.

17 App. 2205(b)(2)), as amended by section 2 of this Act,

18 there are authorized to be appropriated for fiscal years

19 1994, 1995, and 1996, respectively, such sums as may be

20 necessary to carry out this section.

21 SEC. 305. LIMITATION ON APPROPRIATIONS.

22 Notwithstanding any other provision of this Act, no

23 funds are authorized to be appropriated for any fiscal year

24 after fiscal year 1996 for carrying out the programs for
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1 which funds are authorized by this Act, or by the amend2 ments made by this Act.

3 SEC. 306. USE OF DOMESTIC PRODUCTS.

4 (a) PROHIBITION AGAINST FRAUDULENT USE OF

5 ‘‘MADE IN AMERICA’’ LABELS.—(1) A person shall not

6 intentionally affix a label bearing the inscription of ‘‘Made

7 in America’’, or any inscription with that meaning, to any

8 product sold in or shipped to the United States, if that

9 product is not a domestic product.

10 (2) A person who violates paragraph (1) shall not be

11 eligible for any contract for a procurement carried out

12 with amounts authorized under this Act, including any

13 subcontract under such a contract pursuant to the debar14 ment, suspension, and ineligibility procedures in subpart

15 9.4 of chapter 1 of title 48, Code of Federal Regulations,

16 or any successor procedures thereto.

17 (b) COMPLIANCE WITH BUY AMERICAN ACT.—(1)

18 Except as provided in paragraph (2), the head of each of19 fice within the Federal Aviation Administration that con20 ducts procurements shall ensure that such procurements

21 are conducted in compliance with sections 2 through 4 of

22 the Act of March 3, 1933 (41 U.S.C. 10a through 10c,

23 popularly known as the ‘‘Buy American Act’’).

24 (2) This subsection shall apply only to procurements

25 made for which—
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1 (A) amounts are authorized by this Act to be

2 made available; and

3 (B) solicitations for bids are issued after the

4 date of the enactment of this Act.

5 (3) The Secretary, before January 1, 1995, shall re6 port to the Congress on procurements covered under this

7 subsection of products that are not domestic products.

8 (c) DEFINITIONS.—For the purposes of this section,

9 the term ‘‘domestic product’’ means a product—

10 (1) that is manufactured or produced in the

11 United States; and

12 (2) at least 50 percent of the cost of the arti13 cles, materials, or supplies of which are mined, pro14 duced, or manufactured in the United States.

15 SEC. 307. PURCHASE OF AMERICAN MADE EQUIPMENT AND

16 PRODUCTS.

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that any recipient of a grant under this Act, or

19 under any amendment made by this Act, should purchase,

20 when available and cost-effective, American made equip21 ment and products when expending grant monies.

22 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In al23 locating grants under this Act, or under any amendment

24 made by this Act, the Secretary shall provide to each re-
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1 cipient a notice describing the statement made in sub2 section (a) by the Congress.

3 TITLE IV—EXTENSION OF AIR4 PORT AND AIRWAY TRUST

5 FUND EXPENDITURE AU6 THORITY

7 SEC. 401. EXTENSION OF AIRPORT AND AIRWAY TRUST

8 FUND EXPENDITURE AUTHORITY.

9 Paragraph (1) of section 9502(d) of the Internal Rev10 enue Code of 1986 (relating to expenditures from Airport

11 and Airway Trust Fund) is amended—

12 (1) by striking ‘‘October 1, 1995’’ and inserting

13 ‘‘October 1, 1996’’, and

14 (2) by striking ‘‘(as such Acts were in effect on

15 the date of the enactment of the Airport and Airway

16 Safety, Capacity, Noise Improvement, and Inter17 modal Transportation Act of 1992)’’ and inserting

18 ‘‘or the Airport and Airway Safety, Capacity, Noise

19 Improvement, and Intermodal Transportation Act of

20 1992, or the Aviation Infrastructure Investment Act

21 of 1993 (as such Acts are in effect on the date of
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1 the enactment of the Aviation Infrastructure Invest2 ment Act of 1993)’’.

Passed the House of Representatives October 13,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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