Union Calendar No. 131

103D CONGRESS

1ST SESSION H. R. 2739

[Report No. 103–240]

A BILL

To amend the Airport and Airway Improvement

poses.years 1994, 1995, and 1996, and for other purAct of 1982 to authorize appropriations for fiscal

SEPTEMBER 14, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 131

103D CONGRESS

1ST SESSION H. R. 2739

[Report No. 103–240]

To amend the Airport and Airway Improvement Act of 1982 to authorize

appropriations for fiscal years 1994, 1995, and 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1993

Mr. OBERSTAR (for himself, Mr. MINETA, Mr. SHUSTER, and Mr. CLINGER)

introduced the following bill; which was referred to the Committee on

Public Works and Transportation

SEPTEMBER 14, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 26, 1993]

A BILL

To amend the Airport and Airway Improvement Act of 1982

to authorize appropriations for fiscal years 1994, 1995,

and 1996, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Aviation Infrastructure

3 Investment Act of 1993’’.

4 TITLE I—AIRPORT AND AIRWAY

5 IMPROVEMENT ACT AMEND6 MENTS

7 SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

9 505(a) of the Airport and Airway Improvement Act of 1982

10 (49 U.S.C. App. 2204(a)) is amended—

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

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

13 $18,071,700,000 for fiscal years ending before October

14 1, 1994, $20,232,700,000 for fiscal years ending before

15 October 1, 1995, and $22,446,700,000 for fiscal years

16 ending before October 1, 1996’’.

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

18 such Act is amended by striking ‘‘1993’’ and inserting

19 ‘‘1996’’.

20 SEC. 102. AIRWAY IMPROVEMENT PROGRAM.

21 (a) AIRWAY FACILITIES AND EQUIPMENT.—Section

22 506(a)(1) of the Airport and Airway Improvement Act of

23 1982 (49 U.S.C. App. 2205(a)(1)) is amended by striking

24 ‘‘$11,100,000,000’’ and all that follows through ‘‘1995’’ and

25 inserting the following: ‘‘$10,724,000,000 for fiscal years

26 ending before October 1, 1994, $13,394,000,000 for fiscal
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1 years ending before October 1, 1995, and $16,129,000,000

2 for fiscal years ending before October 1, 1996’’.

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

4 amended—

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

7 (2) by striking ‘‘1993, 1994, and 1995’’ in para8 graph (4) and inserting ‘‘and 1993’’; and

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

10 ‘‘(5) FISCAL YEARS 1994–1996.—The amount ap11 propriated from the Trust Fund for the purposes of

12 clauses (A) and (B) of paragraph (1) of this sub13 section for each of fiscal years 1994, 1995, and 1996

14 may not exceed the lesser of—

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

16 made available under section 505 and sub17 sections (a) and (b) of this section for such fiscal

18 year; or

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

20 made available under section 505, subsections (a)

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

22 49, United States Code, for such fiscal year; less

23 ‘‘(ii) the amount of funds made available

24 under section 505 and subsections (a) and (b) of

25 this section for such fiscal year.’’.
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1 (c) PRESERVATION OF FUNDS.—Section 506(e)(5) of

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

3 ‘‘1996’’.

4 SEC. 103. OPERATIONS OF FAA.

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

6 amended by striking ‘‘, $5,100,000,000’’ and all that follows

7 through ‘‘1995’’ and inserting ‘‘, $4,576,000,000 for fiscal

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

9 $4,810,000,000 for fiscal year 1996’’.

10 SEC. 104. APPORTIONMENT OF FUNDS.

11 (a) MINIMUM AMOUNT FOR PRIMARY AIRPORTS.—Sec12 tion 507(b)(1) of the Airport and Airway Improvement Act

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

14 ‘‘$400,000’’ and inserting ‘‘$500,000’’.

15 (b) CONSIDERATION OF DIVERSION OF REVENUES IN

16 AWARDING DISCRETIONARY GRANTS.—Section 507 of such

17 Act is further amended by redesignating subsection (f) as

18 subsection (g) and by inserting after subsection (e) the fol19 lowing new subsection:

20 ‘‘(f) CONSIDERATION OF DIVERSION OF REVENUES IN

21 AWARDING DISCRETIONARY GRANTS.—In deciding whether

22 or not to distribute funds to an airport from the discre23 tionary funds established by subsections (c) and (d), the

24 Secretary shall consider as a factor militating against the

25 distribution of such funds to the airport the fact that the
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1 airport is using revenues generated by the airport or by

2 local taxes on aviation fuel for purposes other than capital

3 or operating costs of the airport or the local airports sys4 tem.’’.

5 SEC. 105. USE OF APPORTIONED AND DISCRETIONARY

6 FUNDS.

7 (a) INTEGRATED AIRPORT SYSTEM PLANNING SET8 ASIDE.—Section 508(d)(4) of the Airport and Airway Im9 provement Act of 1982 (49 U.S.C. App. 2207(d)(4)) is

amended by striking ‘‘1⁄2’’ and inserting ‘‘3 10 ⁄4’’.

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

12 508(d)(5) of such Act is amended by striking ‘‘and 1995’’

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

14 (c) DESIGNATION OF MILITARY AIRPORTS.—Section

15 508(f)(1) of such Act is amended by striking ‘‘12’’ and in16 serting ‘‘16’’.

17 (d) CONSTRUCTION OF PARKING LOTS, FUEL FARMS,

18 AND UTILITIES.—Section 508(f)(6) of such Act is amended

19 by striking ‘‘and 1995’’ and inserting ‘‘1995, and 1996’’.

20 SEC. 106. PROJECT SPONSORSHIP.

21 Section 511(a) of the Airport and Airway Improve22 ment Act of 1982 (49 U.S.C. App. 2210(a)) is amended—

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

24 (16);
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1 (2) by striking the period at the end of para2 graph (17) and inserting ‘‘; and’’; and

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

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

5 to the Administrator and make available to the public

6 an annual report listing in detail (A) all amounts

7 paid by the airport to any other unit of government

8 and the purposes for which each such payment was

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

10 other units of government and the amount of com11 pensation received for provision of each such service

12 and property.’’.

13 SEC. 107. INCLUSION OF TERMINAL DEVELOPMENT AS A

14 PROJECT COST.

15 Section 513(b)(2) of the Airport and Airway Improve16 ment Act of 1982 (49 U.S.C. App. 2212(b)(2)) is amend17 ed—

18 (1) in the second sentence by inserting after

19 ‘‘may be used’’ the following: ‘‘, subject to the ap20 proval of the Secretary,’’; and

21 (2) by adding at the end the following: ‘‘All or

22 any portion of the sums to be distributed at the dis23 cretion of the Secretary under sections 507(c) and

24 507(d) for any fiscal year may be distributed for use

25 by primary airports each of which annually has .05
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1 or less of the total enplanements in the United States

2 for project costs allowable under paragraph (1) of this

3 subsection.’’.

4 SEC. 108. INCLUSION OF EXPLOSIVE DETECTION DEVICES

5 AND UNIVERSAL ACCESS SYSTEMS.

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

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

8 2202(a)(2)(B)(ii)) is amended by inserting after ‘‘or secu9 rity equipment’’ the following: ‘‘, including explosive detec10 tion devices and universal access systems,’’.

11 SEC. 109. DECLARATION OF POLICY.

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

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

15 (13);

16 (2) by striking the period at the end of para17 graph (14) and inserting ‘‘; and’’; and

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

19 ‘‘(15) the airport improvement program should

20 be administered to encourage the development and use

21 of innovative concrete and other materials in the con22 struction of airport facilities to minimize initial

23 laydown costs, minimize time out of service, and

24 maximize lifecycle durability.’’.
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1 SEC. 110. TECHNICAL AMENDMENTS.

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

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 such Act

7 (49 U.S.C. App. 2203(a)(1)) is amended by redesignating

8 clauses (1), (2), and (3) as clauses (A), (B), and (C), respec9 tively.

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

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

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

13 SEC. 111. LETTERS OF INTENT.

14 Section 513(d)(1) of the Airport and Airway Improve15 ment Act of 1982 (49 U.S.C. App. 2212(d)(1)) is amended

16 by adding at the end the following new subparagraph:

17 ‘‘(H) LIMITATION ON STATUTORY CON18 STRUCTION.—Nothing in this section shall be

19 construed to prohibit the obligation of amounts

20 pursuant to a letter of intent under this para21 graph in the same fiscal year as the letter of in22 tent is issued.’’.
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1 TITLE II—MISCELLANEOUS

2 PROVISIONS

3 SEC. 201. PROTECTION OF SMALL COMMUNITY AIRLINE

4 PASSENGERS.

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

6 419(b) of the Federal Aviation Act of 1958 (49 U.S.C. App.

7 1389(b)) is amended by adding at the end the following new

8 paragraph:

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

10 ‘‘(A) NONCONSIDERATION OF SLOT AVAIL11 ABILITY.—In determining what is basic essential

12 air service and in selecting an air carrier to pro13 vide such service, the Secretary shall not give

14 consideration to whether slots at a high density

15 airport are available for providing such service.

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

17 essential air service is to be provided to and

18 from a high density airport, the Secretary shall

19 ensure that a sufficient number of slots at such

20 airport are available to the air carrier providing

21 or selected to provide such service. If necessary to

22 carry out the objectives of this subsection, the

23 Secretary shall take such action as may be nec24 essary to have such slots transferred or otherwise

25 made available to the air carrier; except that the
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1 Secretary shall not be required to make slots

2 available at O’Hare International Airport in

3 Chicago, Illinois, if the number of slots available

4 for basic essential air service to and from such

5 airport is at least 132 slots.’’.

6 (b) TRANSFERS OF SLOTS AT HIGH DENSITY AIR7 PORTS.—Section 419(b)(7) of such Act (49 U.S.C. App.

8 1389(b)(7)) is amended—

9 (1) by striking ‘‘TRANSFER OF OPERATIONAL AU10 THORITY AT CERTAIN’’ and inserting ‘‘TRANSFERS OF

11 SLOTS AT’’;

12 (2) by striking ‘‘an airport at which the Admin13 istrator limits the number of instrument flight rule

14 takeoffs and landings of aircraft’’ and inserting ‘‘a

15 high density airport’’;

16 (3) by striking ‘‘operational authority’’ and in17 serting ‘‘slots’’;

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

19 takeoff’’ and inserting ‘‘have’’;

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

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

22 (6) by striking ‘‘such authority is’’ and inserting

23 ‘‘such slots are’’; and

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

25 provide’’.
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1 (c) DEFINITIONS.—Section 419(k) of such Act (49

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

3 following new paragraphs:

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

5 density airport’ means an airport at which the Ad6 ministrator limits the number of instrument flight

7 rule takeoffs and landings of aircraft.

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

9 the Secretary of Transportation.

10 ‘‘(8) SLOT.—The term ‘slot’ means a reservation

11 for an instrument flight rule takeoff or landing by an

12 air carrier of an aircraft in air transportation.’’.

13 SEC. 202. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DEN14 SITY AIRPORTS.

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

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

17 the end the following:

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

19 DENSITY AIRPORTS.

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

21 at a high density airport from an air carrier and award

22 such slot to a foreign air carrier if the Secretary determines

23 that air carriers are not provided equivalent rights of access

24 to airports in the country of which such foreign air carrier

25 is a citizen.
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1 ‘‘(b) DEFINITIONS.—In this section, the terms ‘high

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

3 such terms have under section 419.’’.

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

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

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

7 following:

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

‘‘(a) In general.

‘‘(b) Definitions.’’.

8 SEC. 203. RULEMAKING ON RANDOM TESTING FOR PROHIB9 ITED DRUGS.

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

11 of this Act, the Secretary of Transportation shall complete

12 a rulemaking proceeding and issue a final decision on

13 whether there should be a reduction in the annualized rate

14 of random testing for prohibited drugs now required by the

15 Secretary for personnel engaged in aviation activities. If

16 the Secretary does not issue the final decision on or before

17 the last day of such 1-year period, then, effective on the suc18 ceeding day, the annualized rate of random testing shall

19 be 25 percent of such personnel.

20 SEC. 204. PASSENGER FACILITY CHARGES.

21 (a) CLARIFICATION OF APPLICABILITY.—

22 (1) GENERAL RULE.—Section 1113(e)(1) of the

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

24 1513(e)(1)) is amended by adding at the end the fol-
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1 lowing new sentence: ‘‘After the date of the enactment

2 of this sentence, no public agency authority shall col3 lect a fee authorized to be imposed under this sub4 section from a passenger enplaning at an airport if

5 the passenger did not pay for the air transportation

6 which resulted in such enplanement, including any

7 case in which the passenger obtained the ticket for the

8 air transportation with a frequent flier award coupon

9 without monetary payment.’’.

10 (2) LIMITATION ON STATUTORY CONSTRUC11 TION.—The amendment made by paragraph (1) shall

12 not be construed as requiring any person to refund

13 any fee paid before the date of the enactment of this

14 Act.

15 (b) USE OF REVENUES AND RELATIONSHIP BETWEEN

16 FEES AND REVENUES.—Section 1113(e)(2) of such Act is

17 amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (A);

20 (2) by striking the period at the end of subpara21 graph (B)(iii) and inserting ‘‘; and’’; and

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

23 ‘‘(C) that the application includes adequate

24 justification for each of the specific projects.’’.
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1 SEC. 205. TERM OF OFFICE OF FAA ADMINISTRATOR.

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

3 amended by adding at the end the following: ‘‘The term of

4 office for any individual appointed as Administrator after

5 the date of the enactment of this sentence shall be 5 years.’’.

6 SEC. 206. NOISE ABATEMENT PROGRAM.

7 (a) SOUNDPROOFING OF CERTAIN RESIDENTIAL

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

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

10 is amended—

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

12 airports’’; and

13 (2) by striking the period at the end and insert14 ing ‘‘; and (B) for projects to soundproof residential

15 buildings—

16 ‘‘(i) if the operator of the airport involved re17 ceived approval for a grant for a project to sound18 proof residential buildings pursuant to section

19 301(d)(4)(B) of the Airport and Airway Safety and

20 Capacity Expansion Act of 1987;

21 ‘‘(ii) if the operator of the airport involved sub22 mits updated noise exposure contours, as required by

23 the Secretary; and

24 ‘‘(iii) if the Secretary determines that the pro25 posed projects are compatible with the purposes of this

26 Act.’’.
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1 (b) SOUNDPROOFING AND ACQUISITION OF CERTAIN

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

3 further amended by adding at the end the following:

4 ‘‘(4) SOUNDPROOFING AND ACQUISITION OF CER5 TAIN RESIDENTIAL PROPERTIES.—The Secretary is

6 authorized under this section to make grants to opera7 tors of airports and to units of local government re8 ferred to in paragraph (1) for projects to soundproof

9 residential buildings located on residential properties,

10 and for projects to acquire residential properties, at

11 which noise levels are not compatible with normal op12 erations of an airport—

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

14 amended an existing local aircraft noise regula15 tion during calendar year 1993 to increase the

16 maximum permitted noise levels for scheduled

17 air carrier aircraft as a direct result of imple18 mentation of revised aircraft noise departure

19 procedures mandated for aircraft safety purposes

20 by the Administrator of the Federal Aviation

21 Administration for standardized application at

22 airports served by scheduled air carriers;

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

24 submits updated noise exposure contours, as re25 quired by the Secretary; and
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1 ‘‘(C) if the Secretary determines that the

2 proposed projects are compatible with the pur3 poses of this Act.’’.

4 SEC. 207. LABOR MANAGEMENT RELATIONS.

5 The Metropolitan Washington Airports Act of 1986 (49

6 U.S.C. App. 2451–2461) is amended—

7 (1) in section 6007(c)(5) by striking ‘‘to the ex8 tent that the Federal Aviation Administration is so

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

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

11 6012 as sections 6011, 6012, and 6013, respectively;

12 and

13 (3) by inserting after section 6009 the following

14 new section:

15 ‘‘SEC. 6010. LABOR MANAGEMENT RELATIONS.

16 ‘‘(a) APPLICATION OF FEDERAL LABOR LAWS.—Ex17 cept as otherwise provided by this section, the provisions

18 of the National Labor Relations Act and the Labor Manage19 ment Relations Act, 1947 shall apply to labor-management

20 relations between the Airports Authority and labor organi21 zations representing bargaining units at the Metropolitan

22 Washington Airports.

23 ‘‘(b) SUITS.—

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

25 of the United States shall have jurisdiction with re-
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1 spect to actions brought by the National Labor Rela2 tions Board under this section to the same extent that

3 such courts have jurisdiction with respect to actions

4 brought under the National Labor Relations Act.

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

6 violation of contracts between the Airports Authority

7 and a labor organization representing bargaining

8 units at the Metropolitan Washington Airports, or be9 tween any such labor organizations, may be brought

10 in any district court of the United States having ju11 risdiction of the parties, without respect to the

12 amount of controversy.

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

14 labor organization described in paragraph (2) and

15 the Airports Authority shall be bound by the author16 ized acts of their agents. Any such labor organization

17 may sue or be sued as an entity and in behalf of those

18 whom it represents in the courts of the United States.

19 Any money judgment against such a labor organiza20 tion in a district court of the United States shall be

21 enforceable only against the organization as an entity

22 and against its assets and shall not be enforceable

23 against any individual member or the member’s as24 sets.

25 ‘‘(c) COLLECTIVE-BARGAINING AGREEMENTS.—
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1 ‘‘(1) PERIOD OF EFFECTIVENESS.—Collective2 bargaining agreements between the Airports Author3 ity and labor organizations shall be effective for not

4 less than 2 years.

5 ‘‘(2) RESOLUTION OF GRIEVANCES.—Collective6 bargaining agreements negotiated by the Airports Au7 thority shall provide for procedures for resolution by

8 the parties of grievances and other disputes arising

9 during the term of the agreement, culminating in

10 binding third-party arbitration, unless the parties

11 agree otherwise.

12 ‘‘(3) RESOLUTION OF DISPUTES IN NEGOTIA13 TIONS.—The Airports Authority and a labor organi14 zation may by mutual agreement adopt procedures

15 for the resolution of disputes or impasses arising in

16 the negotiation of a collective-bargaining agreement.

17 ‘‘(d) LABOR DISPUTES.—

18 ‘‘(1) WRITTEN NOTICE REQUIREMENT.—If there

19 is a collective-bargaining agreement between the Air20 ports Authority and labor organizations in effect, no

21 party to such agreement shall terminate or modify

22 such agreement unless the party desiring such termi23 nation or modification serves written notice upon the

24 other party to the agreement of the proposed termi25 nation or modification not less than 90 days prior to
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1 the time it is proposed to make such termination or

2 modification. The party serving such notice shall no3 tify the Federal Mediation and Conciliation Service

4 of the existence of a dispute within 45 days of such

5 notice if no agreement has been reached by that time.

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

7 fail to reach agreement or to adopt a procedure pro8 viding for a binding resolution of a dispute by the ex9 piration date of the agreement in effect, or the date

10 of the proposed termination or modification, the Di11 rector of the Federal Mediation and Conciliation

12 Service shall direct mediation of the dispute. For this

13 purpose, the Director shall submit to the parties a list

14 of not fewer than 10 names. If the parties fail to se15 lect a mediator, the selection shall be made by the Di16 rector.

17 ‘‘(3) ARBITRATION BOARD.—

18 ‘‘(A) ESTABLISHMENT.—If no agreement is

19 reached within 90 days after the expiration or

20 termination of the agreement or the date on

21 which the agreement became subject to modifica22 tion under paragraph (1) of this subsection, or

23 if the parties decide upon arbitration but do not

24 agree upon the procedures therefor, an arbitra25 tion board shall be established consisting of 3
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1 members, 1 of whom shall be selected by the Air2 ports Authority, 1 by the bargaining representa3 tive, and the third by the 2 thus selected who

4 shall be designated chairman. If either of the

5 parties fails to select a member, or if the mem6 bers chosen by the parties fail to agree on the

7 third person within 5 days after their first meet8 ing, the selection shall be made utilizing the

9 rules of the American Arbitration Association.

10 ‘‘(B) HEARINGS AND DECISIONS.—The arbi11 tration board shall give the parties a full and

12 fair hearing, including an opportunity to

13 present evidence in support of their claims, and

14 an opportunity to present their case in person,

15 by counsel or by other representative as they

16 may elect. All procedural disputes shall be de17 cided by the board. The board shall have the au18 thority to administer oaths and compel the at19 tendance of witnesses and the production of doc20 uments. Decisions of the board shall be conclusive

21 and binding upon the parties. The board shall

22 render its decision within 45 days after its ap23 pointment, unless a later date is mutually

24 agreed upon by both parties.
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1 ‘‘(C) COSTS.—Costs of the arbitration board

2 shall be shared equally by the Airports Authority

3 and the bargaining representative.

4 ‘‘(D) PROCEDURES.—In the case of a bar5 gaining unit whose collective-bargaining rep6 resentative does not have an agreement with the

7 Airport Authority, if the parties fail to reach

8 agreement within 90 days of the commencement

9 of collective bargaining, mediation will take

10 place in accordance with the terms of paragraph

11 (2) of this subsection, unless the parties have pre12 viously agreed to another procedure for a bind13 ing resolution of their differences. If the parties

14 fail to reach agreement within 180 days of the

15 commencement of collective bargaining and if

16 they have not agreed to another procedure for

17 binding resolution, an arbitration board shall be

18 established to provide conclusive and binding ar19 bitration in accordance with the terms of para20 graph (3) of this subsection.

21 ‘‘(E) CONSIDERATIONS IN MAKING

22 AWARDS.—Except insofar as compensation and

23 benefits may be specified elsewhere in this title,

24 the arbitration board, in arriving at its award,

25 shall take into account compensation, benefits,
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1 and conditions of employment of comparable em2 ployees in Alexandria, Arlington, and Fairfax

3 Counties, Virginia; the District of Columbia; and

4 Montgomery and Prince Georges Counties, Mary5 land, and other criteria traditionally considered

6 in collective bargaining.

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

8 STATUS QUO.—Notwithstanding any other provision of

9 law, the parties to a collective bargaining agreement be10 tween the Airports Authority and a labor organization shall

11 not resort to strike or lockout. The parties shall refrain from

12 making changes in working conditions pending the resolu13 tion of labor disputes as provided in subsection (d) of this

14 section.’’.

15 SEC. 208. TECHNICAL AMENDMENT.

16 Section 9130 of the Aviation Safety and Capacity Ex17 pansion Act of 1990 (49 U.S.C. App. 2226b) is amended

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

19 SEC. 209. REPORT ON CERTAIN BILATERAL NEGOTIATIONS.

20 The Secretary of Transportation shall report every

21 other month to the Committee on Public Works and Trans22 portation of the House of Representatives and the Commit23 tee on Commerce, Science, and Transportation of the Senate

24 on the status of all active aviation bilateral negotiations
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1 and informal government-to-government consultations with

2 United States aviation trade partners.

3 SEC. 210. HIGH DENSITY RULE AND REALLOCATION OF

4 SLOTS.

5 (a) HIGH DENSITY RULE.—

6 (1) STUDY.—The Secretary of Transportation

7 shall conduct a study and provide recommendations

8 to Congress on whether improvements in the tech9 nology and procedures of the air traffic control system

10 and the use of quieter aircraft make it possible to

11 eliminate the limitations on hourly operations im12 posed by the high density rule contained in part 93

13 of title 14 of the Code of Federal Regulations or to in14 crease the number of operations permitted under such

15 rule. The study shall include consideration of the ef16 fects of the elimination of limitations or an increase

17 in the number of operations allowed on each of the

18 following:

19 (A) Safety.

20 (B) Congestion and delay in any part of the

21 national aviation system.

22 (C) The impact of noise on persons living

23 near the airport.

24 (D) Competition in the air transportation

25 system.
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1 (E) The profitability of operations of air2 lines serving the airport.

3 (2) COORDINATION.—In conducting the study

4 under this subsection, the Secretary of Transportation

5 shall consult with officials of airports subject to the

6 high density rule, the cities in which such airports

7 are located, representatives of citizens living in the vi8 cinity of such airports, air carriers now serving such

9 airports or interested in inaugurating such service,

10 and other interested persons.

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

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

13 Transportation shall transmit the findings of the

14 study conducted under this subsection, together with

15 recommendations, to the Committee on Public Works

16 and Transportation of the House of Representatives

17 and the Committee on Commerce, Science, and Trans18 portation of the Senate.

19 (b) SLOTS FOR FOREIGN AIR TRANSPORTATION.—

20 (1) STUDY.—The Secretary of Transportation

21 shall conduct a study to determine the impact of a

22 change in law or regulations that would prohibit the

23 withdrawal of a slot from an air carrier providing

24 interstate air transportation at a high density airport

25 in any case in which such slot is withdrawn in order
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1 to allocate it to an air carrier or foreign air carrier

2 to provide foreign air transportation.

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

4 this subsection, the Secretary shall examine the fol5 lowing:

6 (A) The impact of a prohibition described

7 in paragraph (1) on the aviation relationship

8 between the United States Government and for9 eign governments.

10 (B) Whether such a prohibition would result

11 in the withdrawal of slots from general aviation

12 and military aviation in order to allocate them

13 to air carriers and foreign air carriers providing

14 foreign air transportation and the impact of

15 such a withdrawal of slots on general aviation

16 and military aviation.

17 (C) The impact on air carriers providing

18 interstate air transportation of the current prac19 tice of withdrawing slots in order to allocate

20 them to air carriers or foreign air carriers pro21 viding foreign air transportation.

22 (D) The impact of the planned relocation of

23 Air Force Reserve units and the Air National

24 Guard at O’Hare International Airport on the

25 future availability of slots at that airport.
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1 (3) REPORT.—Not later than June 1, 1994, the

2 Secretary of Transportation shall transmit to Con3 gress a report on the results of the study conducted

4 under this subsection, together with such recommenda5 tions for legislative or administrative action as the

6 Secretary determines appropriate.

7 SEC. 211. REPEAL.

8 Section 31 of the Airport and Airway Development Act

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

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