103D CONGRESS

2D SESSION H. R. 2739

AMENDMENT
In the Senate of the United States,

June 16 (legislative day, June 7), 1994.

Resolved, That the bill from the House of Representatives (H.R. 2739) entitled ‘‘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’’, 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 ‘‘Federal Aviation Ad3 ministration Authorization Act of 1994’’.

4 TITLE I—AIRPORT AND AIRWAY

5 IMPROVEMENT ACT OF 1982

6 AMENDMENTS

7 SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZA8 TION.

9 (a) AUTHORIZATION.—The second sentence of section

10 505(a) of the Airport and Airway Improvement Act of 1982

11 (49 App. U.S.C. 2204(a)) is amended—
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1 (1) by striking ‘‘and’’ immediately after ‘‘1993,’’;

2 (2) by striking ‘‘$15,413,157,000’’ and inserting

3 in lieu thereof ‘‘$17,463,157,000’’; and

4 (3) by inserting ‘‘, $19,663,157,000 for fiscal

5 years ending before October 1, 1995, and

6 $21,943,157,000 for fiscal years ending before October

7 1, 1996’’ immediately before the period at the end.

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

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

10 U.S.C. 2204(b)(1)) is amended by striking ‘‘June 30, 1994’’

11 and inserting in lieu thereof ‘‘September 30, 1996’’.

12 SEC. 102. INNOVATIVE TECHNOLOGY.

13 Section 502(a) of the Airport and Airway Improve14 ment Act of 1982 (49 App. U.S.C. 2201(a)) is amended by

15 striking ‘‘and’’ at the end of paragraph (13); by striking

16 the period at the end of paragraph (14) and inserting in

17 lieu thereof a semicolon; and by inserting immediately after

18 paragraph (14) the following new paragraph:

19 ‘‘(15) it is in the national interest to encourage

20 projects that employ innovative technology, concepts,

21 and approaches that will promote safety, capacity,

22 and efficiency improvements in the construction of

23 airports and in the air transportation system, and it

24 is therefore an objective of this Act that the Secretary

25 encourage and solicit innovative technology proposals
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1 and activities in the expenditure of funding pursuant

2 to the Act;’’.

3 SEC. 103. DEFINITION OF AIRPORT DEVELOPMENT.

4 Section 503(a)(2) of the Airport and Airway Improve5 ment Act of 1982 (49 App. U.S.C. 2202(a)(2)) is amend6 ed—

7 (1) in subparagraph (B)(ii), by inserting ‘‘(in8 cluding explosive detection devices) and universal ac9 cess systems’’ immediately after ‘‘safety or security

10 equipment’’; and

11 (2) in subparagraph (F), by striking ‘‘and if

12 funded by a grant under this title,’’.

13 SEC. 104. PREVENTIVE MAINTENANCE.

14 Section 505 of the Airport and Airway Improvement

15 Act of 1982 (49 App. U.S.C. 2204) is amended by adding

16 at the end the following new subsection:

17 ‘‘(e) PREVENTIVE MAINTENANCE.—(1) After January

18 1, 1995, no funds made available for an airport pursuant

19 to a grant under this title shall be available for the replace20 ment or reconstruction of pavement unless the sponsor has

21 provided such assurances or certifications as the Secretary

22 may determine appropriate that such airport has imple23 mented an effective pavement maintenance/management

24 program. The Secretary may require such reports on pave-
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1 ment condition and pavement management programs as the

2 Secretary determines may be useful.

3 ‘‘(2) Not later than 1 year after the date of enactment

4 of this subsection, the Secretary shall issue such regulations

5 as may be necessary to ensure that no product shall be used

6 for pavement maintenance or rehabilitation under this sec7 tion unless the manufacturer of such product warrants to

8 the satisfaction of the Secretary the performance of such

9 product.’’.

10 SEC. 105. LANDING AIDS AND NAVIGATIONAL EQUIPMENT

11 INVENTORY POOL.

12 Section 506(a) of the Airport and Airway Improve13 ment Act of 1982 (49 App. U.S.C. 2205(a)) is amended by

14 adding at the end the following new paragraph:

15 ‘‘(4) LANDING AIDS AND NAVIGATIONAL EQUIP16 MENT INVENTORY POOL.—

17 ‘‘(A) ESTABLISHMENT OF PROGRAM.—Not

18 later than December 31, 1993, and notwithstand19 ing any other provision of this title, the Sec20 retary shall establish and implement a program

21 to purchase and reserve an inventory of preci22 sion approach instrument landing system equip23 ment, to be made available on an expedited basis

24 for installation at airports.
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1 ‘‘(B) AUTHORIZATION.—No less than

2 $30,000,000 of the amounts appropriated under

3 paragraph (1) for each of the fiscal years 1994,

4 1995, and 1996 shall be available for the purpose

5 of carrying out this paragraph, including acqui6 sition, site preparation work, installation, and

7 related expenditures.’’.

8 SEC. 106. MICROWAVE LANDING SYSTEM.

9 Section 506(a) of the Airport and Airway Improve10 ment Act of 1982 (49 App. U.S.C. 2205(a)), as amended

11 by this Act, is further amended by adding at the end the

12 following new paragraph:

13 ‘‘(5) MICROWAVE LANDING SYSTEM.—Notwith14 standing any other provision of law, none of the

15 amounts appropriated under this subsection may be

16 used for the development or procurement of the micro17 wave landing system, except as necessary to meet obli18 gations of the Government that may arise under con19 tracts in effect on January 1, 1994.’’.

20 SEC. 107. PRESERVATION OF FUNDS AND PRIORITY FOR

21 AIRPORT AND AIRWAY PROGRAMS.

22 Section 506(e)(5) of the Airport and Airway Improve23 ment Act of 1982 (49 App. U.S.C. 2205(e)(5)) is amended

24 by striking ‘‘September 30, 1995,’’ and inserting in lieu

25 thereof ‘‘September 30, 1996,’’.
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1 SEC. 108. MILITARY AIRPORT SET-ASIDE.

2 Section 508(d)(5) of the Airport and Airway Improve3 ment Act of 1982 (49 App. U.S.C. 2207(d)(5)) is amended

4 by striking ‘‘each of fiscal years 1994 and 1995’’ and insert5 ing in lieu thereof ‘‘fiscal year 1994 and each of the fiscal

6 years thereafter’’.

7 SEC. 109. MILITARY AIRPORT PROGRAM.

8 Section 508(f) of the Airport and Airway Improve9 ment Act of 1982 (49 App. U.S.C. 2207(f)) is amended—

10 (1) by amending the subsection heading to read

11 as follows:

12 ‘‘(f) MILITARY AIRPORT PROGRAM.—’’;

13 (2) by amending paragraph (1) to read as fol14 lows:

15 ‘‘(1) DESIGNATION.—The Secretary may des16 ignate one or more military airports to receive funds

17 distributed under subsection (d)(5). Airports des18 ignated under this subsection prior to the date of en19 actment of the Federal Aviation Administration Au20 thorization Act of 1994 shall remain eligible to receive

21 grants under subsection (d)(5).’’;

22 (3) by striking paragraph (2);

23 (4) in paragraph (3)—

24 (A) by striking ‘‘and in conducting the sur25 vey under paragraph (2)’’;
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1 (B) by striking ‘‘current or military air2 ports’’ and inserting in lieu thereof ‘‘military

3 airports listed in the reports issued by the De4 fense Base Closure and Realignment Commis5 sion’’; and

6 (C) by inserting ‘‘most’’ immediately before

7 ‘‘enhance’’;

8 (5) by striking the second sentence in para9 graph (4);

10 (6) by striking ‘‘for fiscal years 1993, 1994,

11 and 1995’’ in paragraph (6); and

12 (7) by redesignating paragraphs (3) through

13 (6) as paragraphs (2) through (5), respectively.

14 SEC. 110. SUBMISSION AND APPROVAL OF PROJECT GRANT

15 APPLICATIONS.

16 Section 509(a)(3) of the Airport and Airway Improve17 ment Act of 1982 (49 App. U.S.C. 2208(a)(3)) is amend18 ed—

19 (1) by striking ‘‘2 or more’’ wherever it appears

20 and inserting in lieu thereof ‘‘1 or more’’; and

21 (2) by striking ‘‘similar’’.
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1 SEC. 111. REIMBURSEMENT FOR CERTAIN PAST EXPENDI2 TURES.

3 Section 513(a)(2) of the Airport and Airway Improve4 ment Act of 1982 (49 App. U.S.C. 2212(a)(2)) is amend5 ed—

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

7 (B);

8 (2) by striking the period at the end of subpara9 graph (C) and inserting in lieu thereof ‘‘; or’’; and

10 (3) by adding at the end the following new sub11 paragraph:

12 ‘‘(D)(i) it was incurred (I) not more than

13 2 years before the grant agreement for such

14 project was executed; (II) after September 30,

15 1993, and not later than September 30, 1996;

16 (III) in accordance with an airport layout plan

17 approved by the Secretary and in accordance

18 with all applicable statutory and administrative

19 requirements that would have been applicable to

20 such work if the project had been carried out

21 after the grant agreement had been executed; and

22 (IV) in the case of projects initiated on or after

23 90 days following the date of enactment of this

24 subparagraph, after receiving the Secretary’s ap25 proval of the project;
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1 ‘‘(ii) allowable costs under clause (i) may

2 include (I) interest payable on, and the retire3 ment of, the principal of bonds or other evidence

4 of indebtedness incurred to initiate the project

5 involved and before the grant agreement for such

6 project was executed; and (II) interest payable

7 on, and the retirement of, the principal of bonds

8 or other evidences of indebtedness the proceeds of

9 which were used to finance the development work

10 for which reimbursement is provided under this

11 subparagraph; and

12 ‘‘(iii) only the sums apportioned under sec13 tions 507(a)(1) and 507(a)(2) may be obligated

14 for project costs allowable under clause (i) of this

15 subparagraph;’’.

16 SEC. 112. TERMINAL DEVELOPMENT.

17 Section 513(b) of the Airport and Airway Improve18 ment Act of 1982 (49 App. U.S.C. 2212(b)) is amended by

19 striking paragraph (5) and redesignating paragraph (6) as

20 paragraph (5).

21 SEC. 113. AUTHORITY TO CONTINUE LETTERS OF INTENT.

22 Notwithstanding any other provision of law, the Sec23 retary of Transportation (hereinafter referred to as the

24 ‘‘Secretary’’) may issue letters of intent under section

25 513(d) of the Airport and Airway Improvement Act of 1982
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1 (49 App. U.S.C. 2212(d)) and use funds for planning, ap2 proving, and administering grants under the Airport Im3 provement Program for issuing such letters of intent.

4 SEC. 114. LETTERS OF INTENT.

5 Section 513(d)(1) of the Airport and Airway Improve6 ment Act of 1982 (49 App. U.S.C. 2212(d)(1)) is amended

7 by adding at the end the following new subparagraph:

8 ‘‘(H) LIMITATION OF STATUTORY CONSTRUC9 TION.—Nothing in this section shall be construed to

10 prohibit the obligation of amounts pursuant to a let11 ter of intent under this paragraph in the same fiscal

12 year as the letter of intent is issued.’’.

13 SEC. 115. REPORTS ON IMPACTS OF NEW AIRPORT

14 PROJECTS.

15 Section 509(b) of the Airport and Airway Improve16 ment Act of 1982 (49 App. U.S.C. 2208(b)) is amended by

17 adding at the end the following new paragraph:

18 ‘‘(10) At least 90 days prior to the approval of

19 a project grant application for construction of a new

20 hub airport that is expected to have 0.25 percent or

21 more of the total annual enplanements in the United

22 States, the Secretary shall submit to Congress a re23 port analyzing the anticipated impact of such pro24 posed new airport on—
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1 ‘‘(A) the fees charged to air carriers (includ2 ing landing fees), and other costs that will be in3 curred by air carriers, for using the proposed

4 airport;

5 ‘‘(B) air transportation that will be pro6 vided in the geographic region of the proposed

7 airport; and

8 ‘‘(C) the availability and cost of providing

9 air transportation to rural areas in such geo10 graphic region.’’.

11 SEC. 116. AIRPORT SAFETY DATA COLLECTION.

12 The Airport and Airway Improvement Act of 1982 (49

13 App. U.S.C. 2201 et seq.) is amended by adding at the end

14 the following new section:

15 ‘‘SEC. 535. AIRPORT SAFETY DATA COLLECTION.

16 ‘‘Notwithstanding any other provision of law, the Ad17 ministrator of the Federal Aviation Administration may

18 contract, using sole source or limited source authority, for

19 the collection of airport safety data.’’.

20 SEC. 117. INTERMODAL SYSTEM PLANNING.

21 (a) DEFINITION.—The second sentence of section

22 503(a)(7) of the Airport and Airway Improvement Act of

23 1982 (49 App. U.S.C. 2202(a)(7)) is amended by inserting

24 ‘‘the role which airports play in the transportation system
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1 in a specific area,’’ immediately after ‘‘identification of sys2 tem needs,’’.

3 (b) INTEGRATED AIRPORT SYSTEM PLANNING

4 GRANTS.—Section 508(d)(4) of the Airport and Airway

5 Improvement Act of 1982 (49 App. U.S.C. 2207(d)(4)) is

6 amended—

7 (1) by inserting ‘‘(A)’’ immediately before ‘‘Not

8 less than’’;

9 (2) by striking the period at the end and insert10 ing in lieu thereof ‘‘; and’’; and

11 (3) by adding at the end the following new sub12 paragraphs:

13 ‘‘(B) Prior to the Secretary’s approval of a

14 grant to a planning agency for integrated air15 port system planning, the planning agency shall,

16 insofar as its powers permit, certify that the

17 sponsor of any airport enplaning 0.25 percent or

18 more of the total number of passengers enplaned

19 annually at all commercial service airports is

20 considered to be an operator of a major mode of

21 transportation pursuant to the section 134(b)(2)

22 of title 23, United States Code, and that any

23 such sponsor is a member, or will be appointed

24 a member as soon as practicable, of such plan25 ning agency.
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1 ‘‘(C) Where such airport sponsor is a mu2 nicipality, county, or other entity of local gov3 ernment which already retains membership on

4 such planning agency, such planning agency

5 shall include an additional member from such

6 municipality, county, or entity of local govern7 ment to represent the airport. In order for the

8 Secretary to approve a grant to a planning

9 agency under this paragraph, the airport must

10 be a co-applicant for such grant, and such grant

11 shall be for planning for projects that substan12 tially benefit the airport and shall be in propor13 tion to the benefit it provides to the airport.’’.

14 SEC. 118. STUDY ON INNOVATIVE FINANCING.

15 (a) STUDY.—The Secretary shall study, as a means

16 of supplementing financing available under the Airport Im17 provement Program, innovative approaches for using Fed18 eral funds to finance airport development. Mechanisms

19 should be considered that will produce greater investments

20 in airport development per dollar of Federal expenditure.

21 The Secretary shall consider, among other options, ap22 proaches that would permit the entering into of agreements

23 with non-Federal entities, such as airport sponsors, for the

24 loan of Federal funds, guarantee of loan repayment, or pur25 chase of insurance or other forms of enhancement for bor-
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1 rower debt, including the use of unobligated Airport Im2 provement Program contract authority and unobligated

3 balances in the Airport and Airway Trust Fund. The Sec4 retary also shall consider means to lower the cost of financ5 ing airport development. The Secretary may, in considering

6 innovative financing, consult with airport owners and oper7 ators and public and private sector experts.

8 (b) REPORT TO CONGRESS.—The Secretary shall re9 port the findings of the study required by subsection (a)

10 to the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Public Works

12 and Transportation of the House of Representatives not

13 later than 12 months after the date of enactment of this

14 Act.

15 SEC. 119. ADVANCED LANDING SYSTEM.

16 Notwithstanding any other provision of law or regula17 tion, the Administrator of the Federal Aviation Adminis18 tration (hereinafter referred to as the ‘‘Administrator’’)

19 shall consider for approval under subpart C of part 171

20 of title 14, Code of Federal Regulations, the new generation,

21 low cost, advanced landing system being developed by the

22 Department of Defense. The charter for approval of such

23 system shall be considered and acted upon expeditiously by

24 the Regional Administrator of the Federal Aviation Admin25 istration in the region where such system is being developed.
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1 SEC. 120. TECHNICAL AMENDMENTS.

2 (a) DEFINITIONS.—Section 503(a)(2)(B) of the Air3 port and Airway Improvement Act of 1982 (49 App. U.S.C.

4 2202(a)(2)(B)) is amended by moving clauses (vii) and

5 (viii) 2 ems to the right.

6 (b) AIRPORT PLANS.—Section 504(a)(1) of the Airport

7 and Airway Improvement Act of 1982 (49 App. U.S.C.

8 2203(a)(1)) is amended by redesignating clauses (1), (2),

9 and (3) as clauses (A), (B), and (C), respectively.

10 (c) CERTAIN PROJECT COSTS.—Section 513(b)(4) of

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

12 U.S.C. 2212(b)(4)) is amended—

13 (1) by inserting ‘‘or (in the case of a commercial

14 service airport which annually has less than 0.05 per15 cent of the total enplanements in the United States)

16 between January 1, 1992, and October 31, 1992,’’ im17 mediately after ‘‘July 12, 1976,’’; and

18 (2) by adding at the end the following new sub19 paragraph:

20 ‘‘(D) That, with respect to a project at a com21 mercial service airport which annually has less than

22 0.05 percent of the total enplanements in the United

23 States, the Secretary may approve the use of the

24 funds described under paragraph (2), notwithstand25 ing the provisions of sections 505(d), 511(a)(16), and

26 515.’’.
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1 SEC. 121. EXPENDITURES FROM AIRPORT AND AIRWAY

2 TRUST FUND.

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

4 1986 (relating to expenditure from Airport and Airway

5 Trust Fund) is amended—

6 (1) by inserting ‘‘or the Airport and Airway

7 Safety, Capacity, Noise Improvement, and Inter8 modal Transportation Act of 1992’’ immediately after

9 ‘‘Capacity Expansion Act of 1990’’; and

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

11 the date of the enactment of the Airport Improvement

12 Program Temporary Extension Act of 1994)’’ and in13 serting in lieu thereof ‘‘or the Federal Aviation Ad14 ministration Authorization Act of 1994 (as such Acts

15 were in effect on the date of the enactment of the Fed16 eral Aviation Administration Authorization Act of

17 1994)’’.

18 SEC. 122. ASBESTOS REMOVAL AND BUILDING DEMOLITION

19 AND REMOVAL, VACANT AIR FORCE STATION,

20 MARIN COUNTY, CALIFORNIA.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Notwith22 standing subsection (d) of section 9502 of the Internal Reve23 nue Code of 1986 (26 U.S.C. 9502), there is authorized to

24 be appropriated in fiscal year 1995 from the Airport and

25 Airway Trust Fund established by such section 9502 to the

26 account for the Department of Transportation for facilities
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1 and equipment of the Federal Aviation Administration such

2 amount as may be necessary to permit the Administrator

3 of the Federal Aviation Administration to carry out asbes4 tos abatement activities and the demolition and removal of

5 buildings at the site of the vacant Air Force station located

6 on Mount Tamalpais, Marin County, California. The

7 amount authorized to be appropriated by the preceding sen8 tence shall not exceed its share of the costs of carrying out

9 such activities, demolitions, and removals.

10 (b) AUTHORITY TO USE FUNDS.—The Administrator

11 may use the funds appropriated pursuant to the authoriza12 tion of appropriations in subsection (a) to carry out the

13 abatement activities and demolition and removal described

14 in that subsection. Such funds shall be available for such

15 purpose until expended.

16 TITLE II—FEDERAL AVIATION

17 ACT OF 1958

18 SEC. 201. ASSISTANCE TO FOREIGN AVIATION AUTHORI19 TIES.

20 (a) IN GENERAL.—Section 313 of the Federal Aviation

21 Act of 1958 (49 App. U.S.C. 1354) is amended by adding

22 at the end the following new subsection:

23 ‘‘(g) ASSISTANCE TO FOREIGN AVIATION AUTHORI24 TIES.—(1) The Administrator may provide safety-related

25 training and operational services to foreign aviation au-
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1 thorities with or without reimbursement, if the Adminis2 trator determines that providing such services promotes

3 aviation safety. To the extent practicable, air travel reim4 bursed under this subsection shall be conducted on United

5 States air carriers.

6 ‘‘(2) Funds received by the Administrator pursu7 ant to this section shall be credited to the appropria8 tion from which the expenses were incurred in provid9 ing such services.’’.

10 (b) CONFORMING AMENDMENT.—The table of contents

11 of the Federal Aviation Act of 1958 is amended by adding

12 at the end of the item relating to section 313 the following:

‘‘(g) Assistance to foreign aviation authorities.’’.

13 SEC. 202. FOREIGN FEE COLLECTION.

14 Section 313(f) of the Federal Aviation Act of 1958 (49

15 App. U.S.C. 1354(f)) is amended—

16 (1) by redesignating paragraphs (3) and (4) as

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

18 (2) by inserting immediately after paragraph (2)

19 the following new paragraph:

20 ‘‘(3) RECOVERY OF COST OF FOREIGN AVIATION

21 SERVICES.—

22 ‘‘(A) ESTABLISHMENT OF FEES.—Notwith23 standing the limitation of paragraph (4), the

24 Administrator may establish and collect fees for

25 providing or carrying out the following aviation
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1 services outside the United States: any test, au2 thorization, certificate, permit, rating, evalua3 tion, approval, inspection, or review.

4 ‘‘(B) LEVEL OF FEES.—Such fees shall be

5 established as necessary to recover the additional

6 cost of providing or carrying out such services

7 outside the United States, as compared to the

8 cost of providing or carrying out such services

9 within the United States; except that the Admin10 istrator may, for such services as the Adminis11 trator designates, establish fees at a level nec12 essary to recover the full cost of providing such

13 services.

14 ‘‘(C) EFFECT ON OTHER AUTHORITY.—The

15 provisions of this paragraph do not limit the Ad16 ministrator’s authority to establish and collect

17 fees permitted under section 334 of title 49,

18 United States Code.

19 ‘‘(D) CREDITING OF PREESTABLISHED

20 FEES.—Fees described in subparagraph (A) that

21 were not established before the date of enactment

22 of the Federal Aviation Administration Author23 ization Act of 1994 may be credited in accord24 ance with paragraph (5).’’.
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1 SEC. 203. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT.

2 (a) NIGHTTIME OPERATIONS.—On and after the date

3 of enactment of this Act, nighttime operations (takeoffs and

4 landings) at Aspen-Pitkin County Airport in the State of

5 Colorado shall be allowed for pilots operating under parts

6 91 and 135 of title 14, Code of Federal Regulations, between

7 30 minutes after official sunset and 11 p.m., local time,

8 only if they are (1) granted clearance by air traffic control,

9 (2) instrument-rated, (3) operating an aircraft that is

10 equipped as required under section 91.205(d) of such title

11 14 for instrument flight, and (4) operating an instrument

12 approach or departure approved by the Federal Aviation

13 Administration. An instrument-rated pilot may operate

14 under visual flight rules at such County Airport between

15 30 minutes after official sunset and 11:00 p.m., only if such

16 pilot has completed at least one takeoff or landing in the

17 preceding 12 calendar months at such County Airport, is

18 granted clearance by air traffic control, and operates an

19 instrument-certified aircraft.

20 (b) COMMITMENTS OF AIRPORT OWNER OR OPERA21 TOR.—The owner or operator of the Aspen-Pitkin County

22 Airport shall be considered to be in compliance with the

23 requirements of the Aircraft Noise and Capacity Act of 1990

24 (49 App. U.S.C. 2151 et seq.) and not otherwise unjustly

25 discriminatory when such owner or operator notifies the

26 Administrator that such owner or operator (1) commits to
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1 modify its existing regulation to expand access to general

2 aviation operations under such special operating restric3 tions as are created under subsection (a) and such condi4 tions applicable to aircraft noise certification as are cur5 rently in effect for night operations at such County Airport

6 and (2) commits permanently not to enforce its 1990 regu7 latory action eliminating the so-called ‘‘ski season excep8 tion’’ to its nighttime curfew. To remain in compliance,

9 such owner or operator shall carry out both such commit10 ments as of the effective date of the Administrator’s action

11 establishing special operating restrictions at such County

12 Airport in accordance with subsection (a).

13 (c) MOUNTAIN FLYING.—The Administrator shall issue

14 a Notice of Proposed Rulemaking on mountain flying.

15 SEC. 204. EXEMPTIONS FROM SLOT RULES.

16 (a) FINDINGS.—The Congress finds that—

17 (1) the issue of slot requirements imposed by

18 Federal Aviation Administration regulations for high

19 density airports (commonly known as the ‘‘High Den20 sity Rule’’) is a longstanding, significant concern to

21 each of the affected airports, the residents of neighbor22 ing communities, and the aviation industry;

23 (2) such slot regulations serve many purposes,

24 including ensuring that each airport operates effi25 ciently; and
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1 (3) the Secretary has announced as part of the

2 President’s Initiative to Promote a Strong Competi3 tive Aviation Industry that the Secretary will under4 take a comprehensive examination of such slot regula5 tions and complete such examination by November

6 1994.

7 (b) STUDY.—(1) The Secretary’s current examination

8 of slot regulations, referred to in subsection (a)(3), shall in9 clude consideration of—

10 (A) the impact of the current slot allocation

11 process upon the ability of air carriers to provide es12 sential air service in accordance with section 419 of

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

14 1389);

15 (B) the impact of such allocation process upon

16 the ability of new entrant air carriers to obtain slots

17 in time periods that enable them to provide service;

18 (C) the impact of such allocation process on the

19 ability of foreign air carriers to obtain slots;

20 (D) the fairness of such process to air carriers

21 and the extent to which air carriers are provided

22 equivalent rights of access to airports in the countries

23 of which foreign air carriers holding slots are citizens;

24 (E) the impact, on the ability of air carriers to

25 provide domestic and international service, of the
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1 withdrawal of slots from air carriers in order to pro2 vide slots for foreign air carriers; and

3 (F) the impact of aircraft noise on affected com4 munities.

5 (2) The Secretary shall, not later than November 30,

6 1994, complete and transmit the results of such examina7 tion to the Committee on Commerce, Science, and Trans8 portation of the Senate and the Committee on Public Works

9 and Transportation of the House of Representatives.

10 (c) RULEMAKING PROCEEDING.—The Secretary shall

11 conduct a rulemaking proceeding based on the results of the

12 examination described in subsection (b). In the course of

13 such proceeding, the Secretary shall issue proposed regula14 tions not later than March 1, 1995, and shall issue final

15 regulations not later than June 1, 1995.

16 (d) EXEMPTIONS FOR HIGH DENSITY AIRPORTS.—(1)

17 If the Secretary finds it to be in the public interest, the

18 Secretary may grant exemptions from requirements under

19 subparts K and S of part 93 of title 14, Code of Federal

20 Regulations, pertaining to slots at any high density airport

21 except Washington National Airport, to—

22 (A) air carriers using Stage 3 aircraft, and com23 muter operators, to enable such carriers to provide es24 sential air service under section 419 of the Federal

25 Aviation Act of 1958 (49 App. U.S.C. 1389);
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1 (B) air carriers and foreign air carriers to en2 able such carriers to provide foreign air transpor3 tation, using Stage 3 aircraft; and

4 (C) new entrant air carriers at such high density

5 airport, only under circumstances determined by the

6 Secretary to be exceptional.

7 (2) Notwithstanding sections 6005(c)(5)(C) and

8 6009(e) of the Metropolitan Washington Airports Act of

9 1986 (49 App. U.S.C. 2454(c)(5)(C) and 2458(e)), the Sec10 retary may, only under circumstances determined by the

11 Secretary to be exceptional, grant to an air carrier cur12 rently holding or operating a slot an exemption from re13 quirements under subparts K and S of part 93 of title 14,

14 Code of Federal Regulations, pertaining to slots at Wash15 ington National Airport, to enable that carrier to provide

16 service with Stage 3 aircraft, except that such exemption—

17 (A) shall not result in an increase in the number

18 of slots at Washington National Airport;

19 (B) shall not increase the number of operations

20 at Washington National Airport in any 1-hour period

21 by more than two operations;

22 (C) shall not result in the withdrawal or reduc23 tion of slots operated by an air carrier; and

24 (D) shall not result in a net increase in noise

25 impact on surrounding communities resulting from
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1 both changes in timing of operations permitted under

2 this paragraph.

3 (3) No exemption granted under paragraph (1) or (2)

4 may be effective on or after the date on which the final regu5 lations issued under subsection (c) become effective.

6 (e) WEEKEND OPERATIONS.—The Secretary shall con7 sider the advisability of revising section 93.227 of title 14,

8 Code of Federal Regulations, so as to eliminate weekend

9 schedules from the determination as to whether the 80 per10 cent standard of subsection (a)(1) of that section has been

11 met.

12 (f) LIMITATION ON CERTAIN SLOT WITHDRAWALS.—

13 Notwithstanding section 93.223 of title 14, Code of Federal

14 Regulations, the Secretary shall not, before final regulations

15 are issued under subsection (c) of this section, withdraw

16 a slot from any air carrier at O’Hare International Airport

17 for the purpose of providing the slot to another air carrier,

18 or foreign air carrier, for foreign air transportation.

19 (g) DEFINITIONS.—For purposes of this section—

20 (1) The terms ‘‘air carrier’’, ‘‘foreign air car21 rier’’, and ‘‘foreign air transportation’’ have the

22 meanings given those terms, respectively, in section

23 101 of the Federal Aviation Act of 1958 (49 App.

24 U.S.C. 1301).
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1 (2) The term ‘‘commuter operator’’ means an air

2 carrier as described in section 93.124(c)(2) of title 14,

3 Code of Federal Regulations (as in effect on March 1,

4 1994).

5 (3) The term ‘‘high density airport’’ means an

6 airport at which the Administrator limits the number

7 of instrument flight rule takeoffs and landings of an

8 aircraft.

9 (4) The term ‘‘new entrant air carrier’’ means

10 an air carrier that does not hold a slot at the airport

11 concerned and has never sold or given up a slot at

12 that airport after December 16, 1985.

13 (5) The term ‘‘slot’’ means a reservation, by an

14 air carrier or foreign air carrier at an airport, for

15 an instrument flight rule takeoff or landing of an air16 craft in air transportation.

17 SEC. 205. AIR SERVICE TERMINATION NOTICE.

18 (a) IN GENERAL.—(1) Title IV of the Federal Aviation

19 Act of 1958 (49 App. U.S.C. 1371 et seq.) is amended by

20 adding at the end the following new section:

21 ‘‘SEC. 420. AIR SERVICE TERMINATION NOTICE.

22 ‘‘(a) IN GENERAL.—An air carrier may not terminate

23 interstate or overseas air transportation from a nonhub air24 port included on the Secretary’s latest published list of such
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1 airports, unless such air carrier has given the Secretary at

2 least 60 days’ notice before such termination.

3 ‘‘(b) EXCEPTIONS.—The Secretary shall not apply the

4 requirements of subsection (a) when—

5 ‘‘(1) the carrier involved is experiencing a sud6 den or unforeseen financial emergency, including nat7 ural weather related emergencies, equipment-related

8 emergencies, and strikes;

9 ‘‘(2) the termination of transportation is made

10 for seasonal purposes only;

11 ‘‘(3) the carrier involved has operated at the af12 fected nonhub airport for 180 days or less;

13 ‘‘(4) the carrier involved provides other transpor14 tation by jet from another airport serving the same

15 community as the affected nonhub airport; or

16 ‘‘(5) the carrier involved makes alternative ar17 rangements, such as a change of aircraft size, or other

18 types of arrangements with a part 121 or part 135

19 air carrier, that continues uninterrupted service from

20 the affected nonhub airport.

21 ‘‘(c) WAIVERS FOR REGIONAL/COMMUTER CAR22 RIERS.—Prior to October 1, 1994, the Secretary shall estab23 lish terms and conditions under which regional/commuter

24 carriers can be excluded from the termination notice re25 quirement.
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1 ‘‘(d) DEFINITIONS.—For purposes of this section—

2 ‘‘(1) NONHUB AIRPORT.—The term ‘nonhub air3 port’ has the meaning that term has under section

4 419(k)(4).

5 ‘‘(2) PART 121 AIR CARRIER.—The term ‘part

6 121 air carrier’ means an air carrier to which part

7 121 of title 14, Code of Federal Regulations, applies.

8 ‘‘(3) PART 135 AIR CARRIER.—The term ‘part

9 135 air carrier’ means an air carrier to which part

10 135 of title 14, Code of Federal Regulations, applies.

11 ‘‘(4) REGIONAL/COMMUTER CARRIERS.—The

12 term ‘regional/commuter carrier’ means—

13 ‘‘(A) a part 135 air carrier; or

14 ‘‘(B) a part 121 air carrier that provides

15 air transportation exclusively with aircraft hav16 ing a seating capacity of no more than 70 pas17 sengers.

18 ‘‘(5) TERMINATION.—The term ‘termination’

19 means the cessation of all service at an airport by an

20 air carrier.’’.

21 (2) The portion of the table of contents of the Federal

22 Aviation Act of 1958 relating to title IV is amended by in23 serting immediately after the item relating to section 419

24 the following new item:

‘‘Sec. 420. Air service termination notice.

‘‘(a) In general.

‘‘(b) Exceptions.
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‘‘(c) Waivers for regional/commuter carriers.

‘‘(d) Definitions.’’.

1 (b) CIVIL PENALTIES.—Section 901(a)(1) of the Fed2 eral Aviation Act of 1958 (49 App. U.S.C. 1471(a)(1)) is

3 amended by inserting ‘‘section 420 or’’ immediately after

4 ‘‘$10,000 for each violation of’’.

5 (c) EFFECTIVE DATE.—The amendments made by this

6 section shall be effective beginning on October 1, 1994.

7 SEC. 206. COOPERATIVE AGREEMENTS FOR RESEARCH, EN8 GINEERING, AND DEVELOPMENT.

9 (a) IN GENERAL.—Section 312 of the Federal Aviation

10 Act of 1958 (49 App. U.S.C. 1353) is amended by adding

11 at the end the following new subsection:

12 ‘‘(j) COOPERATIVE AGREEMENTS.—The Administrator

13 may enter into cooperative agreements on a cost-shared

14 basis with Federal and non-Federal entities that the Ad15 ministrator may select in order to conduct, encourage, and

16 promote aviation research, engineering, and development,

17 including the development of prototypes and demonstration

18 models.’’.

19 (b) CONFORMING AMENDMENT.—The table of contents

20 of the Federal Aviation Act of 1958 is amended by adding

21 at the end of the item relating to section 312 the following:

‘‘(j) Cooperative agreements.’’.
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1 SEC. 207. TECHNICAL AMENDMENTS.

2 Section 1112 of the Federal Aviation Act of 1958 (49

3 App. U.S.C. 1512) is amended—

4 (1) by striking ‘‘50 per centum’’ wherever it ap5 pears and inserting in lieu ‘‘50 percent’’;

6 (2) by redesignating subsection (c) as subsection

7 (d); and

8 (3) by inserting immediately after subsection (b)

9 the following new subsection:

10 ‘‘(c) Compensation paid by an air carrier to an em11 ployee described in subsection (a) in connection with such

12 employee’s authorized leave or other authorized absence

13 from regular duties on the carrier’s aircraft in order to per14 form services on behalf of the employee’s airline union shall

15 not be subject to the income tax laws of a State or subdivi16 sion thereof, other than the State or subdivision thereof of

17 the employee’s residence and the State or subdivision thereof

18 in which the employee’s scheduled flight time would have

19 been more than 50 percent of the employee’s total scheduled

20 flight time for the calendar year had the employee been en21 gaged full time in the performance of regularly assigned du22 ties on the carrier’s aircraft.’’.

23 SEC. 208. REVIEW OF PASSENGER FACILITY CHARGE PRO24 GRAM.

25 The Secretary shall conduct a review of section

26 158.49(b) of title 14, Code of Federal Regulations, to assess
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1 the effectiveness of such section in light of the objectives of

2 section 1113(e) of the Federal Aviation Act of 1958 (49 App.

3 U.S.C. 1513(e)) and shall take such corrective action as the

4 Secretary determines to be necessary to address any prob5 lems discovered in the review.

6 SEC. 209. EXCEPTIONS APPLICABLE TO STATE OF HAWAII.

7 (a) DEFINITIONS.—(1) Section 101(24) of the Federal

8 Aviation Act of 1958 (49 App. U.S.C. 1301(24)) is amended

9 by adding at the end the following new sentence: ‘‘For pur10 poses of title IV, the term ‘interstate air transportation’

11 does not include air transportation of passengers commenc12 ing and terminating in the State of Hawaii.’’.

13 (2) Section 101(26) of the Federal Aviation Act of

14 1958 (49 App. U.S.C. 1301(26)) is amended by adding at

15 the end the following: ‘‘With respect to transportation of

16 passengers by air within the State of Hawaii, the term

17 ‘intrastate air transportation’ means the carriage of per18 sons by a common carrier for compensation or hire, by such

19 aircraft, commencing and terminating in the State of Ha20 waii; except that the carriage of passengers moving as a

21 part of a single itinerary on a single ticket for transpor22 tation on an air carrier or air carriers, beginning and/or

23 ending outside the State of Hawaii, is deemed to be in

24 interstate transportation.’’.
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1 (b) FEDERAL PREEMPTION.—(1) Section 105(a) of the

2 Federal Aviation Act of 1958 (49 App. U.S.C. 1305(a)) is

3 amended by adding at the end the following new paragraph:

4 ‘‘(3) The provisions of paragraph (1) shall not

5 apply to any transportation by air of persons com6 mencing and terminating within the State of Ha7 waii.’’.

8 (2) Section 105(b)(2) of the Federal Aviation Act of

9 1958 (49 App. U.S.C. 1305(b)(2)) is amended by striking

10 ‘‘(other than the State of Hawaii)’’.

11 SEC. 210. TRANSPORTATION SECURITY REPORT.

12 Section 315(b)(1) of the Federal Aviation Act of 1958

13 (49 App. U.S.C. 1356(b)(1)) is amended by striking ‘‘De14 cember 31’’ and inserting in lieu thereof ‘‘March 31’’.

15 SEC. 211. INTERMODAL ALL-CARGO AIR CARRIERS.

16 (a) DEFINITIONS.—Section 101 of the Federal Avia17 tion Act of 1958 (49 App. U.S.C. 1301) is amended by re18 designating paragraphs (25) through (41) as paragraphs

19 (26) through (42), respectively; and by inserting imme20 diately after paragraph (24) the following new paragraph:

21 ‘‘(25) ‘Intermodal all-cargo air carrier’ means—

22 ‘‘(A) an air carrier (including an indirect

23 cargo air carrier, as defined in section 296.3 of

24 title 14, Code of Federal Regulations, as in effect
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1 on March 1, 1994) that undertakes to provide the

2 transportation described in section 105(a)(4); or

3 ‘‘(B) any other carrier—

4 ‘‘(i) which has authority to provide

5 transportation;

6 ‘‘(ii) which (I) is affiliated with an air

7 carrier described in subparagraph (A)

8 through common controlling ownership, or

9 (II) utilizes as principal or as shipper’s

10 agent, or is affiliated through common con11 trolling ownership with companies that uti12 lize, an air carrier described in subpara13 graph (A) at least 15,000 times annually;

14 and

15 ‘‘(iii) which undertakes to provide the

16 transportation described in section

17 105(a)(4).’’.

18 (b) PREEMPTION.—Section 105(a) of the Federal Avia19 tion Act of 1958 (49 App. U.S.C. 1305(a)), as amended by

20 this Act, is further amended by adding at the end the follow21 ing new paragraph:

22 ‘‘(4)(A) Except as provided in subparagraph

23 (B), no State or political subdivision thereof, no

24 interstate agency of two or more States, and no other

25 political agency of two or more States shall enact or
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1 enforce any law, rule, regulation, standard, or other

2 provision having the force and effect of law relating

3 to rates, routes, or services of any intermodal all4 cargo air carrier when such carrier is transporting

5 property, pieces, parcels, or packages between States

6 or wholly within any single State by aircraft or by

7 motor vehicle (whether or not such property has had

8 or will have a prior or subsequent air movement).

9 ‘‘(B) Subparagraph (A)—

10 ‘‘(i) does not apply to the transportation of

11 household goods as defined in section 10102(11)

12 of title 49, United States Code;

13 ‘‘(ii) shall not restrict safety regulatory au14 thority; and

15 ‘‘(iii) does not apply to the regulation of ve16 hicle size and weight.

17 For purposes of clause (ii), the authority to regulate

18 rates, routes, or services shall not be construed as safe19 ty regulatory authority, and the authority permitted

20 under the Hazardous Materials Transportation Act

21 (49 App. U.S.C. 1801 et seq.) to regulate routing shall

22 not be affected.

23 ‘‘(C) For purposes of this paragraph, a person

24 who is an intermodal all-cargo air carrier in any one

25 State shall be considered such a carrier in all States.
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1 ‘‘(D) This paragraph shall not in any way limit

2 the applicability of paragraph (1).’’.

3 TITLE III—AVIATION SAFETY

4 AND NOISE ABATEMENT ACT

5 OF 1979 AMENDMENTS

6 SEC. 301. REPEAL OF ANNUAL REPORT REQUIREMENT.

7 Section 401 of the Aviation Safety and Noise Abate8 ment Act of 1979 (Public Law 96–193; 94 Stat. 57) is re9 pealed.

10 SEC. 302. NOISE ABATEMENT PROGRAMS.

11 (a) SOUNDPROOFING OF CERTAIN RESIDENTIAL

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

13 Noise Abatement Act of 1979 (49 App. U.S.C. 2104(c)(2))

14 is amended—

15 (1) by inserting ‘‘(A)’’ immediately before ‘‘to

16 operators of airports’’; and

17 (2) by striking the period at the end and insert18 ing in lieu thereof ‘‘; and (B) for projects to sound19 proof residential buildings—

20 ‘‘(i) if the operator of the airport involved

21 received approval for a grant for a project to

22 soundproof residential buildings pursuant to sec23 tion 301(d)(4)(B) of the Airport and Airway

24 Safety and Capacity Expansion Act of 1987;
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1 ‘‘(ii) if the operator of the airport involved

2 submits updated noise exposure contours, as re3 quired by the Secretary; and

4 ‘‘(iii) if the Secretary determines that the

5 proposed projects are compatible with the pur6 poses of this Act.’’.

7 (b) SOUNDPROOFING AND ACQUISITION OF CERTAIN

8 RESIDENTIAL PROPERTIES.—Section 104(c) of the Avia9 tion Safety and Noise Abatement Act of 1979 (49 App.

10 U.S.C. 2104(c)) is amended by adding at the end the follow11 ing new paragraph:

12 ‘‘(4) SOUNDPROOFING AND ACQUISITION OF CER13 TAIN RESIDENTIAL PROPERTIES.—The Secretary is

14 authorized under this section to make grants to opera15 tors of airports and to units of local government re16 ferred to in paragraph (1) for projects to soundproof

17 residential buildings located on residential properties,

18 and for projects to acquire residential properties, at

19 which noise levels are not compatible with normal op20 erations of an airport—

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

22 amended an existing local aircraft noise regula23 tion during calendar year 1993 to increase the

24 maximum permitted noise levels for scheduled

25 air carrier aircraft as a direct result of imple-
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1 mentation of revised aircraft noise departure

2 procedures mandated for aircraft safety purposes

3 by the Administrator of the Federal Aviation

4 Administration for standardized application at

5 airports served by scheduled air carriers;

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

7 submits updated noise exposure contours, as re8 quired by the Secretary; and

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

10 proposed projects are compatible with the pur11 poses of this Act.’’.

12 SEC. 303. WAIVER AUTHORITY FOR FOREIGN AIR CARRIERS.

13 (a) IN GENERAL.—Section 9308(b)(1) of the Aviation

14 Noise and Capacity Act of 1990 (49 App. U.S.C.

15 2157(b)(1)) is amended by inserting ‘‘or a foreign air car16 rier’’ immediately after ‘‘air carrier’’ wherever it appears.

17 (b) DEFINITION.—Section 9308(h)(1) of the Aviation

18 Noise and Capacity Act of 1990 (49 App. U.S.C.

19 2157(h)(1)) is amended to read as follows:

20 ‘‘(1) AIR CARRIER; FOREIGN AIR CARRIER; AIR

21 TRANSPORTATION; UNITED STATES.—The terms ‘air

22 carrier’, ‘foreign air carrier’, ‘air transportation’,

23 and ‘United States’ have the meanings such terms

24 have under section 101 of the Federal Aviation Act of

25 1958.’’.
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1 SEC. 304. RESEARCH PROGRAM ON QUIET AIRCRAFT TECH2 NOLOGY.

3 The Federal Aviation Administration Research, Engi4 neering, and Development Authorization Act of 1992 (title

5 III of Public Law 102–581; 106 Stat. 495) is amended by

6 adding at the end the following new section:

7 ‘‘SEC. 306. RESEARCH PROGRAM ON QUIET AIRCRAFT TECH8 NOLOGY FOR PROPELLER AND ROTOR DRIV9 EN AIRCRAFT.

10 ‘‘(a) ESTABLISHMENT.—The Administrator of the Fed11 eral Aviation Administration (FAA) and the Administrator

12 of the National Aeronautics and Space Administration

13 (NASA) shall conduct a study to identify technologies for

14 noise reduction of propeller driven aircraft and rotorcraft.

15 ‘‘(b) GOAL.—The goal of the study conducted under

16 subsection (a) is to determine the status of research and

17 development now underway in the area of quiet technology

18 for propeller driven aircraft and rotorcraft, including tech19 nology that is cost beneficial, and to determine whether a

20 research program to supplement existing research activities

21 is necessary.

22 ‘‘(c) PARTICIPATION.—In conducting the study re23 quired under subsection (a), the Administrator of the FAA

24 and the administrator of NASA shall encourage the partici25 pation of the Department of Defense, the Department of the
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1 Interior, the airtour industry, the aviation industry, aca2 demia and other appropriate groups.

3 ‘‘(d) REPORT.—Not less than 280 days after enactment

4 of this section the Administrator of the FAA and the Ad5 ministrator of NASA shall transmit to Congress a report

6 on the results of the study required under subsection (a).

7 ‘‘(e) RESEARCH AND DEVELOPMENT PROGRAM.—If the

8 Administrator of the FAA and the Administrator of NASA

9 determine that additional research and development is nec10 essary and would substantially contribute to the develop11 ment of quiet aircraft technology, then the agencies shall

12 conduct an appropriate research program in consultation

13 with the entities listed in subsection (c) to develop safe, ef14 fective, and economical noise reduction technology (includ15 ing technology that can be applied to existing propeller

16 driven aircraft and rotorcraft) that would result in aircraft

17 that operate at substantially reduced levels of noise to re18 duce the impact of such aircraft and rotorcraft on the re19 sources of national parks and other areas.’’.

20 TITLE IV—MISCELLANEOUS

21 PROVISIONS

22 SEC. 401. DISCONTINUATION OF AVIATION SAFETY JOUR23 NAL.

24 The Administrator may not publish, nor contract with

25 any other organization for the publication of, the magazine
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1 known as the ‘‘Aviation Safety Journal’’. Any existing con2 tract for publication of the magazine shall be cancelled

3 within 30 days after the date of enactment of this Act.

4 SEC. 402. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.

5 (a) STUDY.—(1) Within 30 days after the date of en6 actment of this Act, the Secretary, in cooperation with the

7 National Transportation Safety Board, the National

8 Guard, and the Juneau International Airport, shall under9 take a study of the safety of the approaches to the Juneau

10 International Airport.

11 (2) Such study shall examine—

12 (A) the crash of Alaska Airlines Flight 1866 on

13 September 4, 1971;

14 (B) the crash of a Lear Jet on October 22, 1985;

15 (C) the crash of an Alaska Army National

16 Guard aircraft on November 12, 1992;

17 (D) the adequacy of NAVAIDs in the vicinity of

18 the Juneau International Airport;

19 (E) the possibility of inaccurate data from Sis20 ters Island DVOR, and the possibility of confusion be21 tween Elephant Island Non-Directional Beacon and

22 Coghlan Island Non-Directional Beacon;

23 (F) the need for a singular Approach Surveil24 lance Radar site on top of Heintzleman Ridge;
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1 (G) the need for a Terminal Very High Fre2 quency Omni-Directional Range (Terminal VOR)

3 navigational aid in Gastineau Channel; and

4 (H) any other matters any of the parties named

5 in paragraph (1) think appropriate to the safety of

6 aircraft approaching or leaving the Juneau Inter7 national Airport.

8 (b) REPORT.—(1) Within 6 months after the date of

9 enactment of this Act, the Secretary shall submit to the

10 Committee on Commerce, Science, and Transportation of

11 the Senate and the Committee on Public Works and Trans12 portation of the House of Representatives a report which—

13 (A) details the matters considered by the study;

14 (B) summarizes any conclusions reached by the

15 participants in the study;

16 (C) proposes specific recommendations to im17 prove or enhance the safety of aircraft approaching or

18 leaving the Juneau International Airport, or contains

19 a detailed explanation of why no recommendations

20 are being proposed;

21 (D) estimates the cost of any proposed rec22 ommendations; and

23 (E) includes any other matters the Secretary

24 deems appropriate.
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1 (2) The report shall include any minority views if con2 sensus is not reached among the parties listed in subsection

3 (a)(1).

4 SEC. 403. SOLDOTNA AIRPORT IMPROVEMENT.

5 (a) RELEASE.—Notwithstanding section 16 of the Fed6 eral Airport Act (as in effect on December 12, 1963), the

7 Secretary is authorized, subject to the provisions of section

8 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c),

9 and the provisions of subsection (b) of this section, to grant

10 releases from any of the terms, conditions, reservations, and

11 restrictions contained in the deed of conveyance dated De12 cember 12, 1963, under which the United States conveyed

13 certain property to the city of Soldotna, Alaska, for airport

14 purposes.

15 (b) CONDITIONS.—Any release granted under sub16 section (a) shall be subject to the following conditions:

17 (1) The city of Soldotna, Alaska, shall agree

18 that, in conveying any interest in the property which

19 the United States conveyed to the city by deed dated

20 December 12, 1963, the city will receive an amount

21 for such interest which is equal to the fair market

22 value (as determined pursuant to regulations issued

23 by the Secretary).
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1 (2) Any such amount so received by the city

2 shall be used by the city for the development, improve3 ment, operation, or maintenance of a public airport.

4 SEC. 404. ROLLA AIRPORT IMPROVEMENT.

5 (a) AUTHORIZATION TO GRANT RELEASES.—Notwith6 standing section 16 of the Federal Airport Act (as in effect

7 on December 30, 1957), the Secretary is authorized, subject

8 to the provisions of section 4 of the Act of October 1, 1949

9 (50 App. U.S.C. 1622c), and the provisions of subsection

10 (b) of this section, to grant releases from any of the terms,

11 conditions, reservations, and restrictions contained in the

12 deed of conveyance dated December 30, 1957, or any other

13 deed of conveyance dated after such date and before the date

14 of enactment of this Act, under which the United States

15 conveyed certain property to the city of Rolla, Missouri, for

16 airport purposes.

17 (b) CONDITIONS.—Any release granted under sub18 section (a) shall be subject to the following conditions:

19 (1) The city of Rolla, Missouri, shall agree that,

20 in conveying any interest in the property which the

21 United States conveyed to the city by a deed described

22 in subsection (a), the city will receive an amount for

23 such interest which is equal to the fair market value

24 (as determined pursuant to regulations issued by the

25 Secretary).
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1 (2) Any such amount so received by the city

2 shall be used by the city for the development, improve3 ment, operation, or maintenance of a public airport.

4 SEC. 405. PALM SPRINGS, CALIFORNIA.

5 (a) AUTHORITY TO GRANT RELEASE.—Notwithstand6 ing section 4 of the Act of October 1, 1949 (50 App. U.S.C.

7 1622c), and subject to the provisions of subsection (b), the

8 Administrator 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 which

11 the United States conveyed certain property to Palm

12 Springs, California, for airport purposes. The releases shall

13 apply only to approximately 11 acres of lot 16 of section

14 13, and approximately 39.07 acres of lots 19 and 20 of sec15 tion 19, used by the city of Palm Springs, California, for

16 general governmental purposes.

17 (b) CONDITIONS.—Any release granted by the Admin18 istrator under subsection (a) shall be subject to the following

19 conditions:

20 (1) The Administrator shall waive any require21 ment that there be credited to the account of the air22 port any amount attributable to the city’s use for gov23 ernmental purposes of any land conveyed under the

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

25 the date of 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 other

3 assets of that airport, for reimbursement of general

4 revenue funds that the city may have expended before

5 the date of enactment of this Act for acquisition of

6 523.39 acres of land conveyed August 28, 1961, for

7 airport purposes and for expenses incurred at any

8 time in connection with such acquisition, and such

9 claims shall not be eligible for reimbursement under

10 the Airport and Airway Improvement Act of 1982 or

11 any successor Act.

12 SEC. 406. RELOCATION OF AIRWAY FACILITIES.

13 Compensation received by the United States for trans14 fer of the San Jacinto Disposal Area by the United States

15 to the City of Galveston, Texas, shall include compensation

16 to be provided to the Federal Aviation Administration for

17 all costs of establishing airway facilities to replace existing

18 airway facilities on the San Jacinto Disposal Area. Such

19 compensation shall include but is not limited to the replace20 ment of the land, clear zones, buildings and equipment, and

21 demolition and disposal of the existing facilities on the San

22 Jacinto Disposal Area.

23 SEC. 407. AUGUSTA STATE AIRPORT WEATHER SERVICES.

24 (a) REQUIREMENT.—(1) The Secretary shall provide

25 for weather observation services, including direct radio con-
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1 tact between weather observers and pilots, at Augusta State

2 Airport in Maine.

3 (2) The Secretary shall be responsible for the operation

4 and maintenance of equipment necessary to carry out para5 graph (1).

6 (b) REIMBURSABLE AGREEMENTS.—The Secretary is

7 authorized to enter into a reimbursable agreement with the

8 Maine Department of Transportation for the provision of

9 weather services pursuant to subsection (a).

10 SEC. 408. STUDY ON CHILD RESTRAINT SYSTEMS.

11 (a) STUDY.—The Administrator shall conduct a study

12 on the availability, effectiveness, cost, and usefulness of re13 straint systems that may offer protection to a child carried

14 in the lap of an adult aboard an air carrier aircraft or

15 provide for the attachment of a child restraint device to the

16 aircraft.

17 (b) STUDY CRITERIA.—Among other issues, the study

18 shall examine the impact of the following:

19 (1) The direct cost to families of requiring air

20 carriers to provide restraint systems and requiring

21 infants to use them, including whether airlines will

22 charge a fare for use of seats containing infant re23 straining systems; such estimate to cover a ten-year

24 period;
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1 (2) The impact on air carrier aircraft passenger

2 volume by requiring use of infant restraint systems,

3 including whether families will choose to travel to des4 tinations by other means, including automobiles; such

5 estimate to cover a ten-year period;

6 (3) The impact on fatality rates of infants using

7 other modes of transportation, including automobiles,

8 subject to the findings in subsection (b)(2) above; such

9 estimate to cover a ten-year period; and

10 (4) The efficacy of infant restraint systems cur11 rently marketed as able to be used for air carrier air12 craft.

13 (c) REPORT.—The Administrator shall submit to the

14 Committee on Commerce, Science, and Transportation of

15 the Senate and the Committee on Public Works and Trans16 portation of the House of Representatives a report on the

17 results of the study required in subsection (a). The report

18 shall be submitted within 6 months after the date of enact19 ment of this Act.

20 SEC. 409. AIRCRAFT SMOKE EMERGENCIES.

21 The Administrator shall enforce Federal Aviation Ad22 ministration regulations relating to pilot vision and smoke

23 emergencies caused by dense, continuous smoke in the cock24 pit on current and future aircraft and shall report to Con25 gress within 1 year after the date of enactment of this Act
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1 on the Administrator’s efforts to ensure compliance with

2 such regulations.

3 SEC. 410. REAL ESTATE TRANSFERS AND WEATHER OBSER4 VATIONS IN ALASKA.

5 (a) TRANSFER OF SITE IN LAKE MINCHUMINA, ALAS6 KA.—The Administrator shall convey to the community of

7 Lake Minchumina, Alaska, the Federal Aviation Adminis8 tration building number 106 and a reasonable amount of

9 land to make use of the property, at Lake Minchumina,

10 Alaska, for the purpose of providing educational facilities,

11 under the terms set forth in Agreement No. DTFA04–93–

12 J–82007, between the Federal Aviation Administration and

13 the Iditarod Area School District, and such other terms as

14 are mutually agreed on between the Administrator and the

15 community of Lake Minchumina.

16 (b) TRANSFER OF SITE IN FORT YUKON, ALASKA.—

17 The Administrator shall convey to the city of Fort Yukon,

18 Alaska, the buildings of the Federal Aviation Administra19 tion and land in Fort Yukon, Alaska (described as that por20 tion of Lot 4, U.S. Survey 7161, within section 8, T.20

21 N., R.12E., Fairbanks Meridian consisting of 7.14 acres,

22 and containing the health clinic and staff housing for the

23 aforementioned clinic) for the purpose of providing health

24 services, under terms that are mutually agreed on between

25 the Administrator and the city of Fort Yukon.
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1 (c) WEATHER OBSERVATION SERVICES IN ALASKA.—

2 The Administrator shall provide human observers to offer

3 real-time weather information to pilots by direct radio con4 tact in Alaska at—

5 (1) Dutch Harbor, Valdez, Wrangell, Petersburg,

6 Sand Point, and Yakutat on a full-time basis;

7 (2) Aniak, St. Marys, Dillingham, Unalakleet,

8 Fort Yukon, Port Heiden, Anaktuvuk Pass, and Gus9 tavus to replace the Automated Weather Observing

10 System (AWOS) in the event of failures and to verify

11 AWOS reports when the safety of aircraft is at risk;

12 and

13 (3) other communities that the Administrator de14 termines require human weather observers.

15 SEC. 411. STURGIS, KENTUCKY.

16 (a) AUTHORIZATION TO GRANT RELEASES.—Notwith17 standing any other provision of law, the Administrator is

18 authorized, subject to section 4 of the Act of October 1, 1949

19 (50 App. U.S.C. 1622c), and subsection (b) of this section,

20 to grant releases with respect to such parcels of land, or

21 portions of such parcels, as the Administrator determines

22 are no longer required for airport purposes, from any of

23 the terms, conditions, reservations, and restrictions con24 tained in the deed of conveyance dated July 13, 1948, under

25 which the United States conveyed such property to the
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1 Union County Air Board, State of Kentucky, for airport

2 purposes of the Sturgis Municipal Airport.

3 (b) CONDITIONS.—Any release granted by the Admin4 istrator under subsection (a) shall be subject to the following

5 conditions:

6 (1) The Union County Air Board shall agree

7 that, in leasing or conveying any interest in the prop8 erty with respect to which releases are granted under

9 subsection (a), such Board will receive an amount

10 that is equal to the fair lease value or the fair market

11 value, as the case may be (as determined pursuant to

12 regulations issued by the Secretary).

13 (2) Such Board shall use any amount so received

14 only for the development, improvement, operation, or

15 maintenance of the Sturgis Municipal Airport.

16 (3) Any other conditions that the Administrator

17 considers necessary to protect or advance the interests

18 of the United States in civil aviation.

19 SEC. 412. GAMBLING ON COMMERCIAL AIRCRAFT.

20 (a) AMENDMENTS.—(1) Title IV of the Federal Avia21 tion Act of 1958 (49 App. U.S.C. 1371 et seq.), as amended

22 by this Act, is further amended by adding at the end the

23 following new section:
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1 ‘‘SEC. 422. GAMBLING RESTRICTIONS.

2 ‘‘(a) IN GENERAL.—No air carrier or foreign air car3 rier may install, transport, or operate, or permit the use

4 of, any gambling device on board an aircraft in foreign air

5 transportation.

6 ‘‘(b) DEFINITION.—In this section, the term ‘gambling

7 device’ means any machine or mechanical device (including

8 gambling applications on electronic interactive video sys9 tems installed on board aircraft for passenger use)—

10 ‘‘(1) which when operated may deliver, as the re11 sult of the application of an element of chance, any

12 money or property; or

13 ‘‘(2) by the operation of which a person may be14 come entitled to receive, as the result of the applica15 tion of an element of chance, any money or prop16 erty.’’.

17 (2) The portion of the table of contents of the Federal

18 Aviation Act of 1958 relating to title IV, as amended by

19 this Act, is further amended by inserting immediately after

20 the item relating to section 421 the following new item:

‘‘Sec. 422. Gambling restrictions.

‘‘(a) In general.

‘‘(b) Definition.’’.

21 (b) AVIATION SAFETY STUDY.—The Administrator of

22 the Federal Aviation Administration shall, within 90 days

23 after the date of enactment of this Act, complete a study

24 of the aviation safety effects of gambling applications on
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1 electronic interactive video systems installed on board air2 craft for passenger use. The study shall include an evalua3 tion of the effect of such systems on the navigational and

4 other electronic equipment of the aircraft, on the passengers

5 and crew of the aircraft, and on issues relating to the meth6 od of payment. The Administrator shall, within 5 days

7 after completing the study, submit a report to the Commit8 tee on Commerce, Science, and Transportation of the Senate

9 and the Committee on Public Works and Transportation

10 of the House of Representatives on the results of the study.

11 (c) STUDY ON COMPETITION EFFECTS.—The Secretary

12 of Transportation shall, within 90 days after the date of

13 enactment of this Act, complete a study of the competitive

14 implications of permitting foreign air carriers only, but not

15 United States air carriers, to install, transport, and operate

16 gambling application on electronic interactive video sys17 tems on board aircraft in the foreign commerce of the Unit18 ed States on flights over international waters, or in fifth

19 freedom city-pair markets. The Secretary shall, within 5

20 days after the completion of the study, submit a report to

21 the Committee on Commerce, Science, and Transportation

22 of the Senate and the Committee on Public Works and

23 Transportation of the House of Representatives on the re24 sults of the study.
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1 SEC. 413. LAND ACQUISITION COSTS.

2 Notwithstanding section 512 of the Airport and Air3 way Improvement Act of 1982 (49 U.S.C. App. 2211), the

4 Secretary of Transportation may approve an upward ad5 justment not to exceed $750,000, in the maximum obliga6 tion of the United States under an Airport Improvement

7 Program grant issued to a reliever airport after September

8 1, 1989, and before October 1, 1989, in order to assist in

9 funding increased land acquisition costs (as determined in

10 judicial proceedings) and associated eligible project costs.

11 SEC. 414. MONROE AIRPORT IMPROVEMENT.

12 (a) AUTHORIZATION TO GRANT RELEASES.—Notwith13 standing section 16 of the Federal Airport Act (as in effect

14 on the date of transfer of Selman Field, Louisiana, from

15 the United States to the city of Monroe, Louisiana), the Ad16 ministrator of the Federal Aviation Administration is au17 thorized, subject to the provisions of section 4 of the Act

18 of October 1, 1949 (50 App. U.S.C. 1622c), and the provi19 sions of subsection (b) of this section, to grant releases from

20 any of the terms, conditions, reservations, and restrictions

21 contained in the 1949 deed of conveyance, or any other deed

22 of conveyance occurring subsequent to that initial trans23 ference and before the date of enactment of this Act, under

24 which the United States conveyed certain property then

25 constituting Selman Field, Louisiana, to the city of Monroe,

26 Louisiana, for airport purposes.
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1 (b) CONDITIONS.—Any release granted under sub2 section (a) shall be subject to the following conditions:

3 (1) The city of Monroe, Louisiana, shall agree

4 that, in conveying any interest in the property which

5 the United States conveyed to the city by a deed de6 scribed in subsection (a), the city will receive an

7 amount for such interest which is equal to the fair

8 market value (as determined pursuant to regulations

9 issued by the Secretary of Transportation).

10 (2) Any such amount so received by the city

11 shall be used by the city for the development, improve12 ment, operation, or maintenance of a public airport.

13 SEC. 415. NORTH KOREA.

14 (a) FINDINGS.—(1) President Clinton stated in No15 vember of 1993, it is the official policy of the United States

16 that North Korea cannot be allowed to become a nuclear

17 power.

18 (2) The United States seeks to compel North Korea,

19 through the imposition of sanctions or other means, to act

20 in accordance with its freely undertaken obligations under

21 the Nuclear Non-Proliferation Treaty and to abandon its

22 efforts to develop nuclear weapons.

23 (3) North Korea has repeatedly threatened to withdraw

24 from the Nuclear Non-Proliferation Treaty, has resisted ef25 forts of the International Atomic Energy Agency to conduct
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1 effective inspections of its nuclear program, and has stated

2 that it would consider the imposition of economic sanctions

3 as a declaration of war and has threatened retaliatory ac4 tion.

5 (4) The North Korean government has constructed and

6 has operated a reprocessing facility at Yongbyon solely de7 signed to convert spent nuclear fuel into plutonium with

8 which to make nuclear weapons. Further, the existence of

9 this facility and the development of these weapons gravely

10 threatens security in the region and increases the likelihood

11 of worldwide nuclear terrorism.

12 (5) The Secretary of Defense stated that the United

13 States must act on the assumption that there will be some

14 increase in the risk of war if sanctions are imposed on

15 North Korea.

16 (6) It is incumbent on the United States to take all

17 necessary and prudent action to act together with the Re18 public of Korea to ensure the preparedness of United States

19 and Republic of Korea forces to repel as quickly as possible

20 any attack from North Korea and to protect the safety and

21 security of United States and Republic of Korea forces, as

22 well as the safety and security of the civilian population

23 of the peninsula.

24 (b) SENSE OF THE SENATE.—It is the sense of the Sen25 ate that the United States should immediately take all nec-
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1 essary and prudent actions to enhance the preparedness and

2 safety of United States forces and urge and assist the Re3 public of Korea to do likewise in order to deter and, if nec4 essary, repel an attack from North Korea.

5 SEC. 416. REQUIREMENT FOR CONTINUATION OF RADAR

6 APPROACH CONTROL ACTIVITIES.

7 (a) FINDING.—Congress finds that the President’s

8 Five-Point Plan for Revitalizing Base Closure Commu9 nities dated July 2, 1993, encourages all Federal agencies

10 to marshall the resources of such agencies in order to pro11 vide coordinated assistance to communities that experience

12 adverse economic circumstances as the result of the closure

13 of a military installation under a base closure law.

14 (b) REQUIREMENT.—The Administrator of the Federal

15 Aviation Administration shall carry out on-going radar

16 approach control activities at K. I. Sawyer Air Force Base,

17 Michigan. The Administrator shall carry out such activities

18 in the most cost-effective manner using any funds available

19 to the Administrator.

20 SEC. 417. SENSE OF THE SENATE.

21 It is the sense of the Senate that the Inspector General

22 of the Department of Transportation in carrying out the

23 duties and responsibilities of the Inspector General Act of

24 1978 has oversight responsibilities and may conduct and

25 supervise audits and investigations relating to any funds
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1 appropriated by the Congress and made available for any

2 programs or operations at Washington National Airport

3 and Dulles International Airport, and that the Inspector

4 General shall—

5 (1) provide leadership and coordination and rec6 ommend policies for activities designed to promote the

7 economy, efficiency, and effectiveness of such pro8 grams and operations; and

9 (2) act to prevent and detect fraud and abuse in

10 such programs and operations; and

11 (3) inform the Secretary of the Department of

12 Transportation and the Congress about problems and

13 deficiencies relating to the administration of such

14 programs and operations.

15 SEC. 418. RELIGIOUS LIBERTY.

16 (a) FINDINGS.—The Congress finds that—

17 (1) the liberties protected by our Constitution in18 clude religious liberty protected by the first amend19 ment;

20 (2) citizens of the United States profess the be21 liefs of almost every conceivable religion;

22 (3) Congress has historically protected religious

23 expression even from governmental action not in24 tended to be hostile to religion;
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1 (4) the Supreme Court has written that ‘‘the free

2 exercise of religion means, first and foremost, the

3 right to believe and profess whatever religious doc4 trine one desires’’;

5 (5) the Supreme Court has firmly settled that

6 under our Constitution the public expression of ideas

7 may not be prohibited merely because the content of

8 the ideas is offensive to some;

9 (6) Congress enacted the Religious Freedom Res10 toration Act of 1993 to restate and make clear again

11 our intent and position that religious liberty is and

12 should forever be granted protection from unwar13 ranted and unjustified government intrusions and

14 burdens;

15 (7) the Equal Employment Opportunity Com16 mission has written proposed guidelines to title VII

17 of the Civil Rights Act of 1964, published in the Fed18 eral Register on October 1, 1993, that may result in

19 the infringement of religious liberty;

20 (8) such guidelines do not appropriately resolve

21 issues related to religious liberty and religious expres22 sion in the workplace;

23 (9) properly drawn guidelines for the determina24 tion of religious harassment should provide appro25 priate guidance to employers and employees and as-
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1 sist in the continued preservation of religious liberty

2 as guaranteed by the first amendment;

3 (10) the Commission states in its proposed

4 guidelines that it retains wholly separate guidelines

5 for the determination of sexual harassment because

6 the Commission believes that sexual harassment raises

7 issues about human interaction that are to some ex8 tent unique in comparison to other harassment and

9 may warrant separate treatment; and

10 (11) the subject of religious harassment also

11 raises issues about human interaction that are to

12 some extent unique in comparison to other harass13 ment.

14 (b) SENSE OF THE CONGRESS.—It is the sense of the

15 Congress that, for purposes of issuing final regulations

16 under title VII of the Civil Rights Act of 1964 in connection

17 with the proposed guidelines published by the Equal Em18 ployment Opportunity Commission on October 1, 1993 (58

19 Fed. Reg. 51266)—

20 (1) the category of religion should be withdrawn

21 from the proposed guidelines at this time;

22 (2) any new guidelines for the determination of

23 religious harassment should be drafted so as to make

24 explicitly clear that symbols or expressions of reli25 gious belief consistent with the first amendment and
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1 the Religious Freedom Restoration Act of 1993 are

2 not to be restricted and do not constitute proof of har3 assment;

4 (3) the Commission should hold public hearings

5 on such new proposed guidelines; and

6 (4) the Commission should receive additional

7 public comment before issuing similar new regula8 tions.

9 SEC. 419. INFORMATION ON DISINSECTION OF AIRCRAFT.

10 (a) AVAILABILITY OF INFORMATION.—In the interest

11 of protecting the health of air travelers, the Secretary of

12 Transportation shall publish a list of the countries (as de13 termined by the Secretary) that require disinsection of air14 craft landing in such countries while passengers and crew

15 are on board such aircraft.

16 (b) REVISION.—The Secretary shall revise the list re17 quired under subsection (a) on a periodic basis.

18 (c) PUBLICATION.—The Secretary shall publish the list

19 required under subsection (a) not later than 30 days after

20 the date of the enactment of this Act. The Secretary shall

21 publish a revision to the list not later than 30 days after

22 completing the revision under subsection (b).

23 SEC. 420. CONTRACT TOWER ASSISTANCE.

24 The Secretary of Transportation shall take appro25 priate action to assist Chandler, Arizona, Aberdeen, South
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1 Dakota, and other communities where the Secretary deems

2 such assistance appropriate, in obtaining the installation

3 of a Level I Contract Tower for those communities.

4 SEC. 421. SENSE OF SENATE ON ISSUANCE OF REPORT ON

5 USAGE OF RADAR AT THE CHEYENNE, WYO6 MING AIRPORT.

7 It is the sense of the Senate that the Secretary of

8 Transportation—

9 (1) should take such action as may be necessary

10 to revise the cost/benefit analysis process of the De11 partment of Transportation to fully take projected

12 military enplanement and cost savings figures into

13 consideration with regard to radar installations at

14 joint-use civilian/military airports;

15 (2) should require the Administrator of the Fed16 eral Aviation Administration to reevaluate the air17 craft radar needs at the Cheyenne, Wyoming Airport,

18 and enter into an immediate dialogue with officials

19 of the Wyoming Air Guard, F.E. Warren Air Force

20 Base, and Cheyenne area leaders in the phase II

21 radar installation reevaluation of the Administration

22 and adjust cost/benefit determinations based to some

23 appropriate degree on already provided military fig24 ures and concerns and other enplanement projections

25 in the region; and
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1 (3) should report to Congress within 60 days fol2 lowing the date of the enactment of this Act on the

3 results of the reevaluation of the aircraft radar needs

4 of the Cheyenne, Wyoming Airport, and of Southeast

5 Wyoming, and explain how military figures and con6 cerns will be appropriately solicited in future radar

7 decisions involving joint-use airport facilities.

8 TITLE V—AIRPORT-AIR CARRIER

9 DISPUTES REGARDING

10 RATES, FEES, AND CHARGES

11 SEC. 501. DECLARATION OF POLICY.

12 Section 502(a) of the Airport and Airway Improve13 ment Act of 1982 (49 App. U.S.C. 2201(a)), as amended

14 by this Act, is further amended by adding at the end the

15 following new paragraphs:

16 ‘‘(16) airport fees, rates, and charges must be

17 reasonable and may only be used for purposes not

18 prohibited by this Act; and

19 ‘‘(17) airports should be as self-sustaining as

20 possible under the circumstances existing at each par21 ticular airport; and in establishing new fees, rates,

22 and charges, and generating revenues from all

23 sources, airport owners and operators should not seek

24 to create revenue surpluses that exceed the amounts to

25 be used for airport system purposes and for other pur-
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1 poses for which airport revenues may be spent under

2 section 511(a)(12), including reasonable reserves and

3 other funds to facilitate financing and cover contin4 gencies.’’.

5 SEC. 502. AIRPORT FINANCIAL REPORTING.

6 (a) FORMAT FOR REPORTING.—Within 180 days after

7 the date of enactment of this Act, the Secretary shall pre8 scribe a uniform simplified format for reporting that is ap9 plicable to airports. Such a format shall be designed to en10 able the public to understand readily how funds are col11 lected and spent at airports, and to provide sufficient infor12 mation relating to total revenues, operating expenditures,

13 capital expenditures, debt service payments, contributions

14 to restricted funds, accounts, or reserves required by financ15 ing agreements or covenants or airport lease or use agree16 ments or covenants. Such format shall require each commer17 cial service airport to report the amount of any revenue

18 surplus, the amount of concession-generated revenue, and

19 other information as required by the Secretary.

20 (b) REQUIREMENT TO USE FORMAT.—Within 1 year

21 after the date of enactment of this Act and once each year

22 thereafter, each airport which is subject to any grant assur23 ance under section 511(a) of the Airport and Airway Im24 provement Act of 1982 (49 App. U.S.C. 2210(a)) shall file
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1 reports to the Secretary in the format prescribed by the Sec2 retary under this section.

3 (c) ANNUAL SUMMARIES.—The Secretary shall provide

4 annual summaries of such reports to the Committee on

5 Commerce, Science, and Transportation of the Senate and

6 the Committee on Public Works and Transportation of the

7 House of Representatives.

8 SEC. 503. ADDITIONAL ENFORCEMENT AGAINST ILLEGAL

9 DIVERSION OF AIRPORT REVENUE.

10 (a) NEW POLICIES AND PROCEDURES.—Section 511

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

12 App. U.S.C. 2210) is amended by adding at the end the

13 following new subsection:

14 ‘‘(i) POLICIES AND PROCEDURES TO ENSURE EN15 FORCEMENT AGAINST ILLEGAL DIVERSION OF AIRPORT

16 REVENUE.—

17 ‘‘(1) IN GENERAL.—Not later than 90 days after

18 the date of enactment of this subsection, the Secretary

19 shall establish policies and procedures that will assure

20 the prompt and effective enforcement of subsections

21 (a)(9) and (a)(12) and grant assurances made under

22 such subsections. Such policies and procedures shall

23 recognize the exemption provision in subsection

24 (a)(12), and shall respond to the information con25 tained in the reports of the Inspector General of the
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1 Department of Transportation on airport revenue di2 version and such other relevant information as the

3 Secretary may by law consider.

4 ‘‘(2) REVENUE DIVERSION.—Such policies and

5 procedures shall prohibit, at a minimum, the diver6 sion of airport revenues (except as authorized under

7 subsection (a)(12)) through—

8 ‘‘(A) direct payments or indirect payments,

9 other than payments reflecting the value of serv10 ices and facilities provided to the airport;

11 ‘‘(B) use of airport revenues for general eco12 nomic development, marketing, and promotional

13 activities unrelated to airports or airport sys14 tems;

15 ‘‘(C) payments in lieu of taxes or other as16 sessments that exceed the value of services pro17 vided; or

18 ‘‘(D) payments to compensate

19 nonsponsoring governmental bodies for lost tax

20 revenues exceeding stated tax rates.

21 ‘‘(3) EFFORTS TO BE SELF-SUSTAINING.—With

22 respect to subsection (a)(9), such policies and proce23 dures shall take into account, at a minimum, whether

24 owners and operators of airports, when entering into

25 new or revised agreements or otherwise establishing
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1 rates, charges, and fees, have undertaken reasonable

2 efforts to make their particular airports as self-sus3 taining as possible under the circumstances existing

4 at such airports.

5 ‘‘(4) ADMINISTRATIVE SAFEGUARDS.—Such poli6 cies and procedures shall mandate internal controls,

7 auditing requirements, and increased levels of Depart8 ment of Transportation personnel sufficient to re9 spond fully and promptly to complaints received re10 garding possible violations of subsections (a)(9) and

11 (a)(12) and related grant assurances and to alert the

12 Secretary to such possible violations.’’.

13 (b) JUDICIAL ENFORCEMENT.—If any airport sponsor

14 violates section 511(a)(12) of the Airport and Airway Im15 provement Act of 1982 (49 App. U.S.C. 2210(a)(12)) or any

16 grant assurance thereunder, or violates section 536(d) of

17 such Act, the Secretary may apply to the district court of

18 the United States, for any district in which such airport

19 sponsor carries on business or in which the violation oc20 curred, for the enforcement of such section or assurance; and

21 such court shall have jurisdiction to enforce obedience there22 to by a writ of injunction or other process, mandatory or

23 otherwise, restraining such airport sponsor from further

24 violation of such section or assurance and requiring their

25 obedience thereto.
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1 (c) WITHHOLDING OF APPROVAL OF APPLICATIONS

2 FOR GRANTS OR PASSENGER FACILITY CHARGES.—Sec3 tion 519 of the Airport and Airway Improvement Act of

4 1982 (49 App. U.S.C. 2218) is amended by adding at the

5 end the following new subsection:

6 ‘‘(c) ACTION ON GRANT ASSURANCES CONCERNING

7 AIRPORT REVENUES.—If after notice and opportunity for

8 a hearing the Secretary finds a violation of section

9 511(a)(12), as further defined by the Secretary under sec10 tion 511(i), or a violation of an assurance under section

11 511(a)(12), and the Secretary has provided an opportunity

12 for the airport sponsor to take corrective action to cure such

13 violation and such corrective action has not been taken

14 within the period of time set by the Secretary, the Secretary

15 shall withhold approval of any new grant application for

16 funds under this Act, or any proposed modification to an

17 existing grant that would increase the amount of funds

18 made available under this Act to the airport sponsor, and

19 withhold approval of any new application to impose a fee

20 under section 1113(e) of the Federal Aviation Act of 1958

21 (49 App. U.S.C. 1513(e)). Such applications may thereafter

22 be approved only upon a finding by the Secretary that such

23 corrective action as the Secretary requires has been taken

24 to address the violation and that the violation no longer

25 exists.’’.
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1 (d) CIVIL PENALTIES.—(1) Section 901(a)(1) of the

2 Federal Aviation Act of 1958 (49 App. U.S.C. 1471(a)(1))

3 is amended—

4 (A) by inserting ‘‘or (C) section 511(a)(12) of the

5 Airport and Airway Improvement Act of 1982 (49

6 App. U.S.C. 2210(a)(12)) or any assurance there7 under,’’ immediately after ‘‘under this Act,’’ in the

8 first sentence; and

9 (B) by inserting a semicolon and ‘‘except that in

10 the case of a violation of section 511(a)(12) of the

11 Airport and Airway Improvement Act of 1982 (49

12 App. U.S.C. 2210(a)(12)), the maximum civil penalty

13 for a continuing violation shall not exceed $50,000’’

14 immediately before the period at the end of the second

15 sentence.

16 (2) Section 901(a)(3)(A) of the Federal Aviation Act

17 of 1958 (49 App. U.S.C. 1471(a)(3)(A)) is amended by in18 serting ‘‘, or a violation of section 511(a)(12) of the Airport

19 and Airway Improvement Act of 1982 (49 App. U.S.C.

20 2210(a)(12)), as further defined by the Secretary under sec21 tion 511(i) of such Act, or a violation of an assurance under

22 such section 511(a)(12)’’ immediately before the period at

23 the end.
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1 (3) Section 901(a)(3)(E) of the Federal Aviation Act

2 of 1958 (49 App. U.S.C. 1471(a)(3)(E)) is amended by add3 ing at the end the following new clause:

4 ‘‘(iv) CERTAIN VIOLATIONS OF AIRPORT

5 AND AIRWAY IMPROVEMENT ACT OF 1982.—In

6 the case of a violation of section 511(a)(12) of

7 the Airport and Airway Improvement Act of

8 1982 or an assurance thereunder—

9 ‘‘(I) a civil penalty shall not be as10 sessed against an individual;

11 ‘‘(II) a civil penalty may be com12 promised as provided under paragraph (2)

13 of this section; and

14 ‘‘(III) judicial review of any order as15 sessing a civil penalty may be obtained only

16 pursuant to section 1006 of this Act.’’.

17 SEC. 504. RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES

18 CONCERNING AIRPORT FEES.

19 The Airport and Airway Improvement Act of 1982 (49

20 App. U.S.C. 2201 et seq.), as amended by this Act, is further

21 amended by adding at the end the following new section:

22 ‘‘SEC. 536. RESOLUTION OF AIRPORT-AIR CARRIER DIS23 PUTES CONCERNING AIRPORT FEES.

24 ‘‘(a) AUTHORITY TO REQUEST SECRETARY’S DETER25 MINATION.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall issue a

2 determination as to whether a fee imposed upon one

3 or more air carriers by the owner or operator of an

4 airport is reasonable, if—

5 ‘‘(A) a written request for such determina6 tion is filed with the Secretary by such owner or

7 operator; or

8 ‘‘(B) a written complaint requesting such

9 determination is filed with the Secretary by an

10 affected air carrier within 60 days after such

11 carrier receives written notice of the establish12 ment, or increase, of such fee.

13 ‘‘(2) CALCULATION OF FEE.—A fee subject to a

14 determination of reasonableness under this section

15 may be calculated pursuant to either a compensatory

16 or residual fee methodology or any combination there17 of.

18 ‘‘(3) SECRETARY NOT TO SET FEE.—In deter19 mining whether a fee is reasonable under this section,

20 the Secretary may only determine whether the fee is

21 reasonable or unreasonable and shall not set the level

22 of the fee.

23 ‘‘(b) PROCEDURAL REGULATIONS.—The Secretary, not

24 later than 90 days after the date of enactment of this sec-
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1 tion, shall publish in the Federal Register final regulations,

2 policy statements, or guidelines establishing—

3 ‘‘(1) the procedures for acting upon any written

4 request or complaint filed under subsection (a)(1);

5 and

6 ‘‘(2) the standards or guidelines that shall be

7 used by the Secretary in determining under this sub8 section whether an airport fee is reasonable.

9 ‘‘(c) DECISIONS BY SECRETARY.—The final regula10 tions, policy statements, or guidelines required in subsection

11 (b) shall provide the following:

12 ‘‘(1) Not more than 120 days after an air carrier

13 files with the Secretary a written complaint relating

14 to an airport fee, the Secretary shall issue a final

15 order determining whether such fee is reasonable.

16 ‘‘(2) Within 30 days after such complaint is filed

17 with the Secretary, the Secretary shall dismiss the

18 complaint if no significant dispute exists or shall as19 sign the matter to an administrative law judge; and

20 thereafter the matter shall be handled in accordance

21 with part 302 of title 14, Code of Federal Regula22 tions, and any specifically applicable provisions of

23 this section.

24 ‘‘(3) The administrative law judge shall issue a

25 recommended decision within 90 days after the com-
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1 plaint is filed or within such shorter period as the

2 Secretary may specify.

3 ‘‘(4) If the Secretary, upon the expiration of 120

4 days after the filing of the complaint, has not issued

5 a final order, the decision of the administrative law

6 judge shall be deemed to be the final order of the Sec7 retary.

8 ‘‘(5) Any party to the dispute may seek review

9 of a final order of the Secretary under this subsection

10 in the courts of appeal of the United States.

11 ‘‘(6) Any findings of fact in a final order of the

12 Secretary under this subsection, if supported by sub13 stantial evidence, shall be conclusive if challenged in

14 a court pursuant to this subsection. No objection to

15 such a final order shall be considered by the court un16 less objection was urged before an administrative law

17 judge or the Secretary at a proceeding under this sub18 section or, if not so urged, unless there were reason19 able grounds for failure to do so.

20 ‘‘(d) ESCROW; GUARANTEE OF AIR CARRIER AC21 CESS.—

22 ‘‘(1) ESCROW.—Any fee increase or newly estab23 lished fee (except for a fee paid as part of an agree24 ment entered into prior to June 9, 1994, under which

25 such fee is paid under protest), which is the subject
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1 of a complaint that is not dismissed by the Secretary,

2 shall be paid by the complainant air carrier into an

3 appropriate escrow account maintained for such pur4 pose, until final disposition of the matter by the Sec5 retary. The balance of the escrow account, including

6 any interest accumulated thereon, shall be disbursed

7 in accordance with directions in the final order of the

8 Secretary.

9 ‘‘(2) GUARANTEE OF AIR CARRIER ACCESS.—

10 Contingent upon an air carrier’s compliance with the

11 escrow requirements of paragraph (1) and pending

12 the issuance of a final order of the Secretary deter13 mining the reasonableness of a fee that is the subject

14 of a complaint filed under subsection (a)(1)(B), an

15 owner or operator of an airport may not deny an air

16 carrier currently providing air service at the airport

17 reasonable access to airport facilities or service, or

18 otherwise interfere with an air carrier’s rates, routes,

19 or services, as a means of enforcing the fee.

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

21 ‘‘(1) a fee imposed pursuant to a written agree22 ment with air carriers using the facilities of an air23 port;
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1 ‘‘(2) a fee imposed pursuant to a financing

2 agreement or covenant entered into prior to the date

3 of enactment of this section; or

4 ‘‘(3) any other existing fee not in dispute as of

5 such date of enactment.

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

7 this section shall adversely affect—

8 ‘‘(1) the rights of any party under any existing

9 written agreement between an air carrier and the

10 owner or operator of an airport; or

11 ‘‘(2) the ability of an airport to meet its obliga12 tions under a financing agreement, or covenant, that

13 is in force as of the date of enactment of this section.

14 ‘‘(g) DEFINITION.—In this section, the term ‘fee’ means

15 any rate, rental charge, landing fee, or other service charge

16 for the use of airport facilities.’’.

17 TITLE VI—COMMITTEE

18 OVERSIGHT HEARINGS

19 SEC. 601. SCOPE OF THE HEARINGS.

20 The Committee on Banking, Housing, and Urban Af21 fairs (referred to as the ‘‘committee’’) shall—

22 (1) conduct hearings into whether improper con23 duct occurred regarding—

24 (A) communications between officials of the

25 White House and the Department of the Treas-
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1 ury or the Resolution Trust Corporation relating

2 to the Whitewater Development Corporation and

3 the Madison Guaranty Savings and Loan Asso4 ciation;

5 (B) the Park Service Police investigation

6 into the death of White House Deputy Counsel

7 Vincent Foster; and

8 (C) the way in which White House officials

9 handled documents in the office of White House

10 Deputy Counsel Vincent Foster at the time of his

11 death; and

12 (2)(A) make such findings of fact as are war13 ranted and appropriate;

14 (B) make such recommendations, including rec15 ommendations for new legislation and amendments to

16 existing laws and any administrative or other ac17 tions, as the committee may determine to be necessary

18 or desirable; and

19 (C) fulfill the Constitutional oversight and in20 forming function of the Congress with respect to the

21 matters described in this section.

22 The hearings authorized by this title shall begin on a date

23 determined by the Majority Leader, in consultation with

24 the Minority Leader, but no later than the earlier of July
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1 29, 1994, or within 30 days after the conclusion of the first

2 phase of the independent counsel’s investigation.

3 SEC. 602. MEMBERSHIP, ORGANIZATION, AND JURISDIC4 TION OF THE COMMITTEE FOR PURPOSES OF

5 THE HEARINGS.

6 (a)(1) For the sole purpose of conducting the hearings

7 authorized by this title, the committee shall consist of—

8 (A) the members of the Committee on Banking,

9 Housing, and Urban Affairs, who shall, in serving as

10 members of the committee, reflect the legislative and

11 oversight interests of other committees of the Senate

12 with a jurisdictional interest (if any) in the hearings

13 authorized in paragraph (1) of section 601 as pro14 vided in subparagraph (B);

15 (B)(i) Senator Kerry and Senator Bond from the

16 Committee on Small Business;

17 (ii) Senator Riegle and Senator Roth from the

18 Committee on Finance; and

19 (iii) Senator Shelby and Senator Domenici from

20 the Subcommittee on Public Lands, Parks, and For21 ests of the Committee on Energy and Natural Re22 sources;

23 (iv) Senator Moseley–Braun from the Committee

24 on the Judiciary; and
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1 (v) Senator Sasser and Senator Roth from the

2 Permanent Subcommittee on Investigations; and

3 (C) the ranking member of the Committee on the

4 Judiciary who shall serve for purposes of considering

5 matters within the jurisdiction of the Committee on

6 the Judiciary, but shall not serve as a voting member

7 of the committee.

8 (2) For the purpose of paragraph 4 of rule XXV of

9 the Standing Rules of the Senate, service of the ranking

10 member of the Committee on the Judiciary as a member

11 of the committee shall not be taken into account.

12 (b) The jurisdiction of the committee shall encompass

13 the jurisdiction of the committees and subcommittees listed

14 in subsection (a)(1)(B), to the extent, if any, pertinent to

15 the hearings authorized by this title.

16 (c) A majority of the members of the committee shall

17 constitute a quorum for reporting a matter or recommenda18 tion to the Senate, except that the committee may fix a less19 er number as a quorum for the purpose of taking testimony

20 before the committee or for conducting the other business

21 of the committee as provided in paragraph 7 of rule XXV

22 of the Standing Rules of the Senate.

23 SEC. 603. ADDITIONAL STAFF FOR THE COMMITTEE.

24 (a) The committee, through the chairman, may request

25 and use, with the prior consent of the chairman of any com-
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1 mittee or subcommittee listed in section 602(a)(1)(B), the

2 services of members of the staff of such committee or sub3 committee.

4 (b) In addition to staff provided pursuant to sub5 section (a) and to assist the committee in its hearings, the

6 chairman may appoint and fix the compensation of addi7 tional staff.

8 SEC. 604. PUBLIC ACTIVITIES OF THE COMMITTEE.

9 (a) Consistent with the rights of persons subject to in10 vestigation and inquiry, the committee shall make every ef11 fort to fulfill the right of the public and the Congress to

12 know the essential facts and implications of the activities

13 of officials of the United States Government with respect

14 to the matters covered by the hearings as described in sec15 tion 601.

16 (b) In furtherance of the public’s and Congress’ right

17 to know, the committee—

18 (1) shall hold, as the chairman (in consultation

19 with the ranking member) considers appropriate and

20 in accordance with paragraph 5(b) of rule XXVI of

21 the Standing Rules of the Senate, open hearings sub22 ject to consultation and coordination with the inde23 pendent counsel appointed pursuant to title 28, parts

24 600 and 603, of the Code of Federal Regulations (re25 ferred to as the ‘‘independent counsel’’);
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1 (2) may make interim reports to the Senate as

2 it considers appropriate; and

3 (3) shall, in order to accomplish the purposes set

4 forth in subsection (a), make a final comprehensive

5 public report to the Senate of the findings of fact and

6 any recommendations specified in paragraph (2) of

7 section 601.

8 SEC. 605. POWERS OF THE COMMITTEE.

9 (a) The committee shall do everything necessary and

10 appropriate under the laws and Constitution of the United

11 States to conduct the hearings specified in section 601.

12 (b) The committee is authorized to exercise all of the

13 powers and responsibilities of a committee under rule XXVI

14 of the Standing Rules of the Senate and section 705 of the

15 Ethics in Government Act of 1978 (2 U.S.C. 288d), includ16 ing the following:

17 (1) To issue subpoenas or orders for the attend18 ance of witnesses or for the production of documen19 tary or physical evidence before the committee. A sub20 poena may be authorized by the committee or by the

21 chairman with the agreement of the ranking member

22 and may be issued by the chairman or any other

23 member designated by the chairman, and may be

24 served by any person designated by the chairman or

25 the authorized member anywhere within or without
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1 the borders of the United States to the full extent per2 mitted by law. The chairman of the committee, or

3 any other member thereof, is authorized to administer

4 oaths to any witnesses appearing before the commit5 tee.

6 (2) Except that the committee shall have no

7 power to exercise the powers of a committee under sec8 tion 6005 of title 18, United States Code for immu9 nizing witnesses.

10 (3) To procure the temporary or intermittent

11 services of individual consultants, or organizations

12 thereof.

13 (4) To use on a reimbursable basis, with the

14 prior consent of the Government department or agen15 cy concerned, the services of personnel of such depart16 ment or agency.

17 (5) To report violations of any law to the appro18 priate Federal, State, or local authorities.

19 (6) To expend, to the extent the committee deter20 mines necessary and appropriate, any money made

21 available to such committee by the Senate to conduct

22 the hearings and to make the reports authorized by

23 this title.

24 (7) To require by subpoena or order the attend25 ance, as witnesses, before the committee or at deposi-
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1 tions, any person who may have knowledge or infor2 mation concerning matters specified in section

3 601(1).

4 (8) To take depositions under oath anywhere

5 within the United States, to issue orders by the chair6 man or his designee which require witnesses to an7 swer written interrogatories under oath.

8 (9) To issue commissions and to notice deposi9 tions for staff members to examine witnesses and to

10 receive evidence under oath administered by an indi11 vidual authorized by law to administer oaths. The

12 committee, acting through the chairman, may delegate

13 to designated staff members the power to authorize

14 and issue commissions and deposition notices.

15 (c)(1) Subject to the provisions of paragraph (2), the

16 committee shall be governed by the rules of the Committee

17 on Banking, Housing, and Urban Affairs, except that the

18 committee may modify its rules for purposes of the hearings

19 conducted under this title. The committee shall cause any

20 such amendments to be published in the Congressional

21 Record.

22 (2) The committee’s rules shall be consistent with the

23 Standing Rules of the Senate and this title.

24 SEC. 606. RELATION TO OTHER INVESTIGATIONS.

25 In order to—
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1 (1) expedite the thorough conduct of the hearings

2 authorized by this title;

3 (2) promote efficiency among all the various in4 vestigations underway in all branches of the United

5 States Government; and

6 (3) engender a high degree of confidence on the

7 part of the public regarding the conduct of such hear8 ing,

9 the committee is encouraged—

10 (A) to obtain relevant information concern11 ing the status of the independent counsel’s inves12 tigation to assist in establishing a hearing sched13 ule for the committee; and

14 (B) to coordinate, to the extent practicable,

15 its activities with the investigation of the inde16 pendent counsel.

17 SEC. 607. SALARIES AND EXPENSES.

18 Senate Resolution 71 (103d Congress) is amended—

19 (1) in section 2(a) by striking ‘‘$56,428,119’’

20 and inserting ‘‘$56,828,419’’; and

21 (2) in section 6(c) by striking ‘‘$3,220,767’’ and

22 inserting ‘‘$3,620,767’’.
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1 SEC. 608. REPORTS; TERMINATION.

2 (a) The committee shall make the final public report

3 to the Senate required by section 604(b) not later than the

4 end of the One Hundred Third Congress.

5 (b) The final report of the committee may be accom6 panied by whatever confidential annexes are necessary to

7 protect confidential information.

8 (c) The authorities granted by this title shall terminate

9 30 days after submission of the committee’s final report.

10 All records, files, documents, and other materials in the pos11 session, custody, or control of the committee shall remain

12 under the control of the regularly constituted Committee on

13 Banking, Housing, and Urban Affairs.

14 SEC. 609. COMMITTEE JURISDICTION AND RULE XXV.

15 The jurisdiction of the committee is granted pursuant

16 to this title notwithstanding the provisions of paragraph

17 1 of rule XXV of the Standing Rules of the Senate relating

18 to the jurisdiction of the standing committees of the Senate.

19 SEC. 610. COMMITTEE FUNDING AND RULE XXVI.

20 The supplemental authorization for the committee is

21 granted pursuant to this title notwithstanding the provi22 sions of paragraph 9 of rule XXVI of the Standing Rules

23 of the Senate.

24 SEC. 611. ADDITIONAL HEARINGS.

25 (a) In the fulfillment of the Senate’s constitutional

26 oversight role, additional hearings on the matters identified
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1 in the resolution passed by the Senate by a vote of 98–0

2 on March 17, 1994 should by authorized as appropriate

3 under, and in accordance with, the provisions of that reso4 lution.

5 (b) Any additional hearings should be structured and

6 sequenced in such a manner that in the judgement of the

7 two leaders they would not interfere with the ongoing inves8 tigation of Special Counsel Robert B. Fiske, Jr.

9 SEC. 612. ADDITIONAL HEARINGS.

10 (a) In the fulfillment of the Senate’s constitutional

11 oversight role, additional hearings on the matters identified

12 in the resolution passed by the Senate by a vote of 98–0

13 on March 17, 1994 should by authorized as appropriate

14 under, and in accordance with, the provisions of that reso15 lution.

16 (b) Any additional hearings should be structured and

17 sequenced in such a manner that in the judgement of the

18 two leaders they would not interfere with the ongoing inves19 tigation of Special Counsel Robert B. Fiske, Jr.

20 SEC. 613. ADDITIONAL HEARINGS.

21 (a) In the fulfillment of the Senate’s constitutional

22 oversight role, additional hearings on the matters identified

23 in the resolution passed by the Senate by a vote of 98–0

24 on March 17, 1994 should by authorized as appropriate
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1 under, and in accordance with, the provisions of that reso2 lution.

3 (b) Any additional hearings should be structured and

4 sequenced in such a manner that in the judgement of the

5 two leaders they would not interfere with the ongoing inves6 tigation of Special Counsel Robert B. Fiske, Jr.

7 SEC. 614. ADDITIONAL HEARINGS.

8 (a) In the fulfillment of the Senate’s constitutional

9 oversight role, additional hearings on the matters identified

10 in the resolution passed by the Senate by a vote of 98–0

11 on March 17, 1994 should by authorized as appropriate

12 under, and in accordance with, the provisions of that reso13 lution.

14 (b) Any additional hearings should be structured and

15 sequenced in such a manner that in the judgement of the

16 two leaders they would not interfere with the ongoing inves17 tigation of Special Counsel Robert B. Fiske, Jr.

18 SEC. 615. HEARING DATE.

19 Notwithstanding any other provision of this Act, for

20 purposes of conducting such hearings and related activities

21 of the Committee on Banking, Housing, and Urban Affairs

22 required under this Act, such hearings shall begin on a date

23 no later than July 29, 1994, or within 30 days after the

24 conclusion of the first phase of the independent counsel’s

25 investigation, whichever is the earlier.
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1 SEC. 616. ADDITIONAL HEARINGS.

2 (a) In the fulfillment of the Senate’s constitutional

3 oversight role, additional hearings on the matters identified

4 in the resolution passed by the Senate by a vote of 98–0

5 on March 17, 1994 should by authorized as appropriate

6 under, and in accordance with, the provisions of that reso7 lution.

8 (b) Any additional hearings should be structured and

9 sequenced in such a manner that in the judgement of the

10 two leaders they would not interfere with the ongoing inves11 tigation of Special Counsel Robert B. Fiske, Jr.

12 SEC. 617. ADDITIONAL HEARINGS.

13 (a) In the fulfillment of the Senate’s constitutional

14 oversight role, additional hearings on the matters identified

15 in the resolution passed by the Senate by a vote of 98–0

16 on March 17, 1994 should by authorized as appropriate

17 under, and in accordance with, the provisions of that reso18 lution.

19 (b) Any additional hearings should be structured and

20 sequenced in such a manner that in the judgement of the

21 two leaders they would not interfere with the ongoing inves22 tigation of Special Counsel Robert B. Fiske, Jr.

23 SEC. 618. ADDITIONAL HEARINGS.

24 (a) In the fulfillment of the Senate’s constitutional

25 oversight role, additional hearings on the matters identified

26 in the resolution passed by the Senate by a vote of 98–0
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1 on March 17, 1994 should by authorized as appropriate

2 under, and in accordance with, the provisions of that reso3 lution.

4 (b) Any additional hearings should be structured and

5 sequenced in such a manner that in the judgement of the

6 two leaders they would not interfere with the ongoing inves7 tigation of Special Counsel Robert B. Fiske, Jr.

8 SEC. 619. ADDITIONAL HEARINGS.

9 (a) In the fulfillment of the Senate’s constitutional

10 oversight role, additional hearings on the matters identified

11 in the resolution passed by the Senate by a vote of 98–0

12 on March 17, 1994 should by authorized as appropriate

13 under, and in accordance with, the provisions of that reso14 lution.

15 (b) Any additional hearings should be structured and

16 sequenced in such a manner that in the judgement of the

17 two leaders they would not interfere with the ongoing inves18 tigation of Special Counsel Robert B. Fiske, Jr.

Attest:

Secretary.
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