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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Engrossed Amendment Senate (EAS)]

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:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Aviation Administration 
Authorization Act of 1994''.

     TITLE I--AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 AMENDMENTS

SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION.

    (a) Authorization.--The second sentence of section 505(a) of the 
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is 
amended--
            (1) by striking ``and'' immediately after ``1993,'';
            (2) by striking ``$15,413,157,000'' and inserting in lieu 
        thereof ``$17,463,157,000''; and
            (3) by inserting ``, $19,663,157,000 for fiscal years 
        ending before October 1, 1995, and $21,943,157,000 for fiscal 
        years ending before October 1, 1996'' immediately before the 
        period at the end.
    (b) Obligational Authority.--Section 505(b)(1) of the Airport and 
Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is amended 
by striking ``June 30, 1994'' and inserting in lieu thereof ``September 
30, 1996''.

SEC. 102. INNOVATIVE TECHNOLOGY.

    Section 502(a) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2201(a)) is amended by striking ``and'' at the end of 
paragraph (13); by striking the period at the end of paragraph (14) and 
inserting in lieu thereof a semicolon; and by inserting immediately 
after paragraph (14) the following new paragraph:
            ``(15) it is in the national interest to encourage projects 
        that employ innovative technology, concepts, and approaches 
        that will promote safety, capacity, and efficiency improvements 
        in the construction of airports and in the air transportation 
        system, and it is therefore an objective of this Act that the 
        Secretary encourage and solicit innovative technology proposals 
        and activities in the expenditure of funding pursuant to the 
        Act;''.

SEC. 103. DEFINITION OF AIRPORT DEVELOPMENT.

    Section 503(a)(2) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2202(a)(2)) is amended--
            (1) in subparagraph (B)(ii), by inserting ``(including 
        explosive detection devices) and universal access systems'' 
        immediately after ``safety or security equipment''; and
            (2) in subparagraph (F), by striking ``and if funded by a 
        grant under this title,''.

SEC. 104. PREVENTIVE MAINTENANCE.

    Section 505 of the Airport and Airway Improvement Act of 1982 (49 
App. U.S.C. 2204) is amended by adding at the end the following new 
subsection:
    ``(e) Preventive Maintenance.--(1) After January 1, 1995, no funds 
made available for an airport pursuant to a grant under this title 
shall be available for the replacement or reconstruction of pavement 
unless the sponsor has provided such assurances or certifications as 
the Secretary may determine appropriate that such airport has 
implemented an effective pavement maintenance/management program. The 
Secretary may require such reports on pavement condition and pavement 
management programs as the Secretary determines may be useful.
    ``(2) Not later than 1 year after the date of enactment of this 
subsection, the Secretary shall issue such regulations as may be 
necessary to ensure that no product shall be used for pavement 
maintenance or rehabilitation under this section unless the 
manufacturer of such product warrants to the satisfaction of the 
Secretary the performance of such product.''.

SEC. 105. LANDING AIDS AND NAVIGATIONAL EQUIPMENT INVENTORY POOL.

    Section 506(a) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2205(a)) is amended by adding at the end the following 
new paragraph:
            ``(4) Landing aids and navigational equipment inventory 
        pool.--
                    ``(A) Establishment of program.--Not later than 
                December 31, 1993, and notwithstanding any other 
                provision of this title, the Secretary shall establish 
                and implement a program to purchase and reserve an 
                inventory of precision approach instrument landing 
                system equipment, to be made available on an expedited 
                basis for installation at airports.
                    ``(B) Authorization.--No less than $30,000,000 of 
                the amounts appropriated under paragraph (1) for each 
                of the fiscal years 1994, 1995, and 1996 shall be 
                available for the purpose of carrying out this 
                paragraph, including acquisition, site preparation 
                work, installation, and related expenditures.''.

SEC. 106. MICROWAVE LANDING SYSTEM.

    Section 506(a) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2205(a)), as amended by this Act, is further amended by 
adding at the end the following new paragraph:
            ``(5) Microwave landing system.--Notwithstanding any other 
        provision of law, none of the amounts appropriated under this 
        subsection may be used for the development or procurement of 
        the microwave landing system, except as necessary to meet 
        obligations of the Government that may arise under contracts in 
        effect on January 1, 1994.''.

SEC. 107. PRESERVATION OF FUNDS AND PRIORITY FOR AIRPORT AND AIRWAY 
              PROGRAMS.

    Section 506(e)(5) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2205(e)(5)) is amended by striking ``September 30, 
1995,'' and inserting in lieu thereof ``September 30, 1996,''.

SEC. 108. MILITARY AIRPORT SET-ASIDE.

    Section 508(d)(5) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2207(d)(5)) is amended by striking ``each of fiscal 
years 1994 and 1995'' and inserting in lieu thereof ``fiscal year 1994 
and each of the fiscal years thereafter''.

SEC. 109. MILITARY AIRPORT PROGRAM.

    Section 508(f) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2207(f)) is amended--
            (1) by amending the subsection heading to read as follows:
    ``(f) Military Airport Program.--'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) Designation.--The Secretary may designate one or more 
        military airports to receive funds distributed under subsection 
        (d)(5). Airports designated under this subsection prior to the 
        date of enactment of the Federal Aviation Administration 
        Authorization Act of 1994 shall remain eligible to receive 
        grants under subsection (d)(5).'';
            (3) by striking paragraph (2);
            (4) in paragraph (3)--
                    (A) by striking ``and in conducting the survey 
                under paragraph (2)'';
                    (B) by striking ``current or military airports'' 
                and inserting in lieu thereof ``military airports 
                listed in the reports issued by the Defense Base 
                Closure and Realignment Commission''; and
                    (C) by inserting ``most'' immediately before 
                ``enhance'';
                    (5) by striking the second sentence in paragraph 
                (4);
                    (6) by striking ``for fiscal years 1993, 1994, and 
                1995'' in paragraph (6); and
                    (7) by redesignating paragraphs (3) through (6) as 
                paragraphs (2) through (5), respectively.

SEC. 110. SUBMISSION AND APPROVAL OF PROJECT GRANT APPLICATIONS.

    Section 509(a)(3) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2208(a)(3)) is amended--
            (1) by striking ``2 or more'' wherever it appears and 
        inserting in lieu thereof ``1 or more''; and
            (2) by striking ``similar''.

SEC. 111. REIMBURSEMENT FOR CERTAIN PAST EXPENDITURES.

    Section 513(a)(2) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2212(a)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting in lieu thereof ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D)(i) it was incurred (I) not more than 2 years 
                before the grant agreement for such project was 
                executed; (II) after September 30, 1993, and not later 
                than September 30, 1996; (III) in accordance with an 
                airport layout plan approved by the Secretary and in 
                accordance with all applicable statutory and 
                administrative requirements that would have been 
                applicable to such work if the project had been carried 
                out after the grant agreement had been executed; and 
                (IV) in the case of projects initiated on or after 90 
                days following the date of enactment of this 
                subparagraph, after receiving the Secretary's approval 
                of the project;
                    ``(ii) allowable costs under clause (i) may include 
                (I) interest payable on, and the retirement of, the 
                principal of bonds or other evidence of indebtedness 
                incurred to initiate the project involved and before 
                the grant agreement for such project was executed; and 
                (II) interest payable on, and the retirement of, the 
                principal of bonds or other evidences of indebtedness 
                the proceeds of which were used to finance the 
                development work for which reimbursement is provided 
                under this subparagraph; and
                    ``(iii) only the sums apportioned under sections 
                507(a)(1) and 507(a)(2) may be obligated for project 
                costs allowable under clause (i) of this 
                subparagraph;''.

SEC. 112. TERMINAL DEVELOPMENT.

    Section 513(b) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2212(b)) is amended by striking paragraph (5) and 
redesignating paragraph (6) as paragraph (5).

SEC. 113. AUTHORITY TO CONTINUE LETTERS OF INTENT.

    Notwithstanding any other provision of law, the Secretary of 
Transportation (hereinafter referred to as the ``Secretary'') may issue 
letters of intent under section 513(d) of the Airport and Airway 
Improvement Act of 1982 (49 App. U.S.C. 2212(d)) and use funds for 
planning, approving, and administering grants under the Airport 
Improvement Program for issuing such letters of intent.

SEC. 114. LETTERS OF INTENT.

    Section 513(d)(1) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2212(d)(1)) is amended by adding at the end the 
following new subparagraph:
            ``(H) Limitation of statutory construction.--Nothing in 
        this section shall be construed to prohibit the obligation of 
        amounts pursuant to a letter of intent under this paragraph in 
        the same fiscal year as the letter of intent is issued.''.

SEC. 115. REPORTS ON IMPACTS OF NEW AIRPORT PROJECTS.

    Section 509(b) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2208(b)) is amended by adding at the end the following 
new paragraph:
            ``(10) At least 90 days prior to the approval of a project 
        grant application for construction of a new hub airport that is 
        expected to have 0.25 percent or more of the total annual 
        enplanements in the United States, the Secretary shall submit 
        to Congress a report analyzing the anticipated impact of such 
        proposed new airport on--
                    ``(A) the fees charged to air carriers (including 
                landing fees), and other costs that will be incurred by 
                air carriers, for using the proposed airport;
                    ``(B) air transportation that will be provided in 
                the geographic region of the proposed airport; and
                    ``(C) the availability and cost of providing air 
                transportation to rural areas in such geographic 
                region.''.

SEC. 116. AIRPORT SAFETY DATA COLLECTION.

    The Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2201 
et seq.) is amended by adding at the end the following new section:

``SEC. 535. AIRPORT SAFETY DATA COLLECTION.

    ``Notwithstanding any other provision of law, the Administrator of 
the Federal Aviation Administration may contract, using sole source or 
limited source authority, for the collection of airport safety data.''.

SEC. 117. INTERMODAL SYSTEM PLANNING.

    (a) Definition.--The second sentence of section 503(a)(7) of the 
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2202(a)(7)) 
is amended by inserting ``the role which airports play in the 
transportation system in a specific area,'' immediately after 
``identification of system needs,''.
    (b) Integrated Airport System Planning Grants.--Section 508(d)(4) 
of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 
2207(d)(4)) is amended--
            (1) by inserting ``(A)'' immediately before ``Not less 
        than'';
            (2) by striking the period at the end and inserting in lieu 
        thereof ``; and''; and
            (3) by adding at the end the following new subparagraphs:
                    ``(B) Prior to the Secretary's approval of a grant 
                to a planning agency for integrated airport system 
                planning, the planning agency shall, insofar as its 
                powers permit, certify that the sponsor of any airport 
                enplaning 0.25 percent or more of the total number of 
                passengers enplaned annually at all commercial service 
                airports is considered to be an operator of a major 
                mode of transportation pursuant to the section 
                134(b)(2) of title 23, United States Code, and that any 
                such sponsor is a member, or will be appointed a member 
                as soon as practicable, of such planning agency.
                    ``(C) Where such airport sponsor is a municipality, 
                county, or other entity of local government which 
                already retains membership on such planning agency, 
                such planning agency shall include an additional member 
                from such municipality, county, or entity of local 
                government to represent the airport. In order for the 
                Secretary to approve a grant to a planning agency under 
                this paragraph, the airport must be a co-applicant for 
                such grant, and such grant shall be for planning for 
                projects that substantially benefit the airport and 
                shall be in proportion to the benefit it provides to 
                the airport.''.

SEC. 118. STUDY ON INNOVATIVE FINANCING.

    (a) Study.--The Secretary shall study, as a means of supplementing 
financing available under the Airport Improvement Program, innovative 
approaches for using Federal funds to finance airport development. 
Mechanisms should be considered that will produce greater investments 
in airport development per dollar of Federal expenditure. The Secretary 
shall consider, among other options, approaches that would permit the 
entering into of agreements with non-Federal entities, such as airport 
sponsors, for the loan of Federal funds, guarantee of loan repayment, 
or purchase of insurance or other forms of enhancement for borrower 
debt, including the use of unobligated Airport Improvement Program 
contract authority and unobligated balances in the Airport and Airway 
Trust Fund. The Secretary also shall consider means to lower the cost 
of financing airport development. The Secretary may, in considering 
innovative financing, consult with airport owners and operators and 
public and private sector experts.
    (b) Report To Congress.--The Secretary shall report the findings of 
the study required by subsection (a) to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives not later than 
12 months after the date of enactment of this Act.

SEC. 119. ADVANCED LANDING SYSTEM.

    Notwithstanding any other provision of law or regulation, the 
Administrator of the Federal Aviation Administration (hereinafter 
referred to as the ``Administrator'') shall consider for approval under 
subpart C of part 171 of title 14, Code of Federal Regulations, the new 
generation, low cost, advanced landing system being developed by the 
Department of Defense. The charter for approval of such system shall be 
considered and acted upon expeditiously by the Regional Administrator 
of the Federal Aviation Administration in the region where such system 
is being developed.

SEC. 120. TECHNICAL AMENDMENTS.

    (a) Definitions.--Section 503(a)(2)(B) of the Airport and Airway 
Improvement Act of 1982 (49 App. U.S.C. 2202(a)(2)(B)) is amended by 
moving clauses (vii) and (viii) 2 ems to the right.
    (b) Airport Plans.--Section 504(a)(1) of the Airport and Airway 
Improvement Act of 1982 (49 App. U.S.C. 2203(a)(1)) is amended by 
redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), 
respectively.
    (c) Certain Project Costs.--Section 513(b)(4) of the Airport and 
Airway Improvement Act of 1982 (49 App. U.S.C. 2212(b)(4)) is amended--
            (1) by inserting ``or (in the case of a commercial service 
        airport which annually has less than 0.05 percent of the total 
        enplanements in the United States) between January 1, 1992, and 
        October 31, 1992,'' immediately after ``July 12, 1976,''; and
            (2) by adding at the end the following new subparagraph:
            ``(D) That, with respect to a project at a commercial 
        service airport which annually has less than 0.05 percent of 
        the total enplanements in the United States, the Secretary may 
        approve the use of the funds described under paragraph (2), 
        notwithstanding the provisions of sections 505(d), 511(a)(16), 
        and 515.''.

SEC. 121. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.

    Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 
(relating to expenditure from Airport and Airway Trust Fund) is 
amended--
            (1) by inserting ``or the Airport and Airway Safety, 
        Capacity, Noise Improvement, and Intermodal Transportation Act 
        of 1992'' immediately after ``Capacity Expansion Act of 1990''; 
        and
            (2) by striking ``(as such Acts were in effect on the date 
        of the enactment of the Airport Improvement Program Temporary 
        Extension Act of 1994)'' and inserting in lieu thereof ``or the 
        Federal Aviation Administration Authorization Act of 1994 (as 
        such Acts were in effect on the date of the enactment of the 
        Federal Aviation Administration Authorization Act of 1994)''.

SEC. 122. ASBESTOS REMOVAL AND BUILDING DEMOLITION AND REMOVAL, VACANT 
              AIR FORCE STATION, MARIN COUNTY, CALIFORNIA.

    (a) Authorization of Appropriations.--Notwithstanding subsection 
(d) of section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 
9502), there is authorized to be appropriated in fiscal year 1995 from 
the Airport and Airway Trust Fund established by such section 9502 to 
the account for the Department of Transportation for facilities and 
equipment of the Federal Aviation Administration such amount as may be 
necessary to permit the Administrator of the Federal Aviation 
Administration to carry out asbestos abatement activities and the 
demolition and removal of buildings at the site of the vacant Air Force 
station located on Mount Tamalpais, Marin County, California. The 
amount authorized to be appropriated by the preceding sentence shall 
not exceed its share of the costs of carrying out such activities, 
demolitions, and removals.
    (b) Authority To Use Funds.--The Administrator may use the funds 
appropriated pursuant to the authorization of appropriations in 
subsection (a) to carry out the abatement activities and demolition and 
removal described in that subsection. Such funds shall be available for 
such purpose until expended.

                 TITLE II--FEDERAL AVIATION ACT OF 1958

SEC. 201. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

    (a) In General.--Section 313 of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1354) is amended by adding at the end the following new 
subsection:
    ``(g) Assistance To Foreign Aviation Authorities.--(1) The 
Administrator may provide safety-related training and operational 
services to foreign aviation authorities with or without reimbursement, 
if the Administrator determines that providing such services promotes 
aviation safety. To the extent practicable, air travel reimbursed under 
this subsection shall be conducted on United States air carriers.
            ``(2) Funds received by the Administrator pursuant to this 
        section shall be credited to the appropriation from which the 
        expenses were incurred in providing such services.''.
    (b) Conforming Amendment.--The table of contents of the Federal 
Aviation Act of 1958 is amended by adding at the end of the item 
relating to section 313 the following:

``(g) Assistance to foreign aviation authorities.''.

SEC. 202. FOREIGN FEE COLLECTION.

    Section 313(f) of the Federal Aviation Act of 1958 (49 App. U.S.C. 
1354(f)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting immediately after paragraph (2) the 
        following new paragraph:
            ``(3) Recovery of cost of foreign aviation services.--
                    ``(A) Establishment of Fees.--Notwithstanding the 
                limitation of paragraph (4), the Administrator may 
                establish and collect fees for providing or carrying 
                out the following aviation services outside the United 
                States: any test, authorization, certificate, permit, 
                rating, evaluation, approval, inspection, or review.
                    ``(B) Level of fees.--Such fees shall be 
                established as necessary to recover the additional cost 
                of providing or carrying out such services outside the 
                United States, as compared to the cost of providing or 
                carrying out such services within the United States; 
                except that the Administrator may, for such services as 
                the Administrator designates, establish fees at a level 
                necessary to recover the full cost of providing such 
                services.
                    ``(C) Effect on other authority.--The provisions of 
                this paragraph do not limit the Administrator's 
                authority to establish and collect fees permitted under 
                section 334 of title 49, United States Code.
                    ``(D) Crediting of preestablished fees.--Fees 
                described in subparagraph (A) that were not established 
                before the date of enactment of the Federal Aviation 
                Administration Authorization Act of 1994 may be 
                credited in accordance with paragraph (5).''.

SEC. 203. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT.

    (a) Nighttime Operations.--On and after the date of enactment of 
this Act, nighttime operations (takeoffs and landings) at Aspen-Pitkin 
County Airport in the State of Colorado shall be allowed for pilots 
operating under parts 91 and 135 of title 14, Code of Federal 
Regulations, between 30 minutes after official sunset and 11 p.m., 
local time, only if they are (1) granted clearance by air traffic 
control, (2) instrument-rated, (3) operating an aircraft that is 
equipped as required under section 91.205(d) of such title 14 for 
instrument flight, and (4) operating an instrument approach or 
departure approved by the Federal Aviation Administration. An 
instrument-rated pilot may operate under visual flight rules at such 
County Airport between 30 minutes after official sunset and 11:00 p.m., 
only if such pilot has completed at least one takeoff or landing in the 
preceding 12 calendar months at such County Airport, is granted 
clearance by air traffic control, and operates an instrument-certified 
aircraft.
    (b) Commitments of Airport Owner or Operator.--The owner or 
operator of the Aspen-Pitkin County Airport shall be considered to be 
in compliance with the requirements of the Aircraft Noise and Capacity 
Act of 1990 (49 App. U.S.C. 2151 et seq.) and not otherwise unjustly 
discriminatory when such owner or operator notifies the Administrator 
that such owner or operator (1) commits to modify its existing 
regulation to expand access to general aviation operations under such 
special operating restrictions as are created under subsection (a) and 
such conditions applicable to aircraft noise certification as are 
currently in effect for night operations at such County Airport and (2) 
commits permanently not to enforce its 1990 regulatory action 
eliminating the so-called ``ski season exception'' to its nighttime 
curfew. To remain in compliance, such owner or operator shall carry out 
both such commitments as of the effective date of the Administrator's 
action establishing special operating restrictions at such County 
Airport in accordance with subsection (a).
    (c) Mountain Flying.--The Administrator shall issue a Notice of 
Proposed Rulemaking on mountain flying.

SEC. 204. EXEMPTIONS FROM SLOT RULES.

    (a) Findings.--The Congress finds that--
            (1) the issue of slot requirements imposed by Federal 
        Aviation Administration regulations for high density airports 
        (commonly known as the ``High Density Rule'') is a 
        longstanding, significant concern to each of the affected 
        airports, the residents of neighboring communities, and the 
        aviation industry;
            (2) such slot regulations serve many purposes, including 
        ensuring that each airport operates efficiently; and
            (3) the Secretary has announced as part of the President's 
        Initiative to Promote a Strong Competitive Aviation Industry 
        that the Secretary will undertake a comprehensive examination 
        of such slot regulations and complete such examination by 
        November 1994.
    (b) Study.--(1) The Secretary's current examination of slot 
regulations, referred to in subsection (a)(3), shall include 
consideration of--
            (A) the impact of the current slot allocation process upon 
        the ability of air carriers to provide essential air service in 
        accordance with section 419 of the Federal Aviation Act of 1958 
        (49 App. U.S.C. 1389);
            (B) the impact of such allocation process upon the ability 
        of new entrant air carriers to obtain slots in time periods 
        that enable them to provide service;
            (C) the impact of such allocation process on the ability of 
        foreign air carriers to obtain slots;
            (D) the fairness of such process to air carriers and the 
        extent to which air carriers are provided equivalent rights of 
        access to airports in the countries of which foreign air 
        carriers holding slots are citizens;
            (E) the impact, on the ability of air carriers to provide 
        domestic and international service, of the withdrawal of slots 
        from air carriers in order to provide slots for foreign air 
        carriers; and
            (F) the impact of aircraft noise on affected communities.
    (2) The Secretary shall, not later than November 30, 1994, complete 
and transmit the results of such examination to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Public Works and Transportation of the House of Representatives.
    (c) Rulemaking Proceeding.--The Secretary shall conduct a 
rulemaking proceeding based on the results of the examination described 
in subsection (b). In the course of such proceeding, the Secretary 
shall issue proposed regulations not later than March 1, 1995, and 
shall issue final regulations not later than June 1, 1995.
    (d) Exemptions for High Density Airports.--(1) If the Secretary 
finds it to be in the public interest, the Secretary may grant 
exemptions from requirements under subparts K and S of part 93 of title 
14, Code of Federal Regulations, pertaining to slots at any high 
density airport except Washington National Airport, to--
            (A) air carriers using Stage 3 aircraft, and commuter 
        operators, to enable such carriers to provide essential air 
        service under section 419 of the Federal Aviation Act of 1958 
        (49 App. U.S.C. 1389);
            (B) air carriers and foreign air carriers to enable such 
        carriers to provide foreign air transportation, using Stage 3 
        aircraft; and
            (C) new entrant air carriers at such high density airport, 
        only under circumstances determined by the Secretary to be 
        exceptional.
    (2) Notwithstanding sections 6005(c)(5)(C) and 6009(e) of the 
Metropolitan Washington Airports Act of 1986 (49 App. U.S.C. 
2454(c)(5)(C) and 2458(e)), the Secretary may, only under circumstances 
determined by the Secretary to be exceptional, grant to an air carrier 
currently holding or operating a slot an exemption from requirements 
under subparts K and S of part 93 of title 14, Code of Federal 
Regulations, pertaining to slots at Washington National Airport, to 
enable that carrier to provide service with Stage 3 aircraft, except 
that such exemption--
            (A) shall not result in an increase in the number of slots 
        at Washington National Airport;
            (B) shall not increase the number of operations at 
        Washington National Airport in any 1-hour period by more than 
        two operations;
            (C) shall not result in the withdrawal or reduction of 
        slots operated by an air carrier; and
            (D) shall not result in a net increase in noise impact on 
        surrounding communities resulting from both changes in timing 
        of operations permitted under this paragraph.
    (3) No exemption granted under paragraph (1) or (2) may be 
effective on or after the date on which the final regulations issued 
under subsection (c) become effective.
    (e) Weekend Operations.--The Secretary shall consider the 
advisability of revising section 93.227 of title 14, Code of Federal 
Regulations, so as to eliminate weekend schedules from the 
determination as to whether the 80 percent standard of subsection 
(a)(1) of that section has been met.
    (f) Limitation on Certain Slot Withdrawals.--Notwithstanding 
section 93.223 of title 14, Code of Federal Regulations, the Secretary 
shall not, before final regulations are issued under subsection (c) of 
this section, withdraw a slot from any air carrier at O'Hare 
International Airport for the purpose of providing the slot to another 
air carrier, or foreign air carrier, for foreign air transportation.
    (g) Definitions.--For purposes of this section--
            (1) The terms ``air carrier'', ``foreign air carrier'', and 
        ``foreign air transportation'' have the meanings given those 
        terms, respectively, in section 101 of the Federal Aviation Act 
        of 1958 (49 App. U.S.C. 1301).
            (2) The term ``commuter operator'' means an air carrier as 
        described in section 93.124(c)(2) of title 14, Code of Federal 
        Regulations (as in effect on March 1, 1994).
            (3) The term ``high density airport'' means an airport at 
        which the Administrator limits the number of instrument flight 
        rule takeoffs and landings of an aircraft.
            (4) The term ``new entrant air carrier'' means an air 
        carrier that does not hold a slot at the airport concerned and 
        has never sold or given up a slot at that airport after 
        December 16, 1985.
            (5) The term ``slot'' means a reservation, by an air 
        carrier or foreign air carrier at an airport, for an instrument 
        flight rule takeoff or landing of an aircraft in air 
        transportation.

SEC. 205. AIR SERVICE TERMINATION NOTICE.

    (a) In General.--(1) Title IV of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1371 et seq.) is amended by adding at the end the 
following new section:

``SEC. 420. AIR SERVICE TERMINATION NOTICE.

    ``(a) In General.--An air carrier may not terminate interstate or 
overseas air transportation from a nonhub airport included on the 
Secretary's latest published list of such airports, unless such air 
carrier has given the Secretary at least 60 days' notice before such 
termination.
    ``(b) Exceptions.--The Secretary shall not apply the requirements 
of subsection (a) when--
            ``(1) the carrier involved is experiencing a sudden or 
        unforeseen financial emergency, including natural weather 
        related emergencies, equipment-related emergencies, and 
        strikes;
            ``(2) the termination of transportation is made for 
        seasonal purposes only;
            ``(3) the carrier involved has operated at the affected 
        nonhub airport for 180 days or less;
            ``(4) the carrier involved provides other transportation by 
        jet from another airport serving the same community as the 
        affected nonhub airport; or
            ``(5) the carrier involved makes alternative arrangements, 
        such as a change of aircraft size, or other types of 
        arrangements with a part 121 or part 135 air carrier, that 
        continues uninterrupted service from the affected nonhub 
        airport.
    ``(c) Waivers for Regional/Commuter Carriers.--Prior to October 1, 
1994, the Secretary shall establish terms and conditions under which 
regional/commuter carriers can be excluded from the termination notice 
requirement.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Nonhub airport.--The term `nonhub airport' has the 
        meaning that term has under section 419(k)(4).
            ``(2) Part 121 air carrier.--The term `part 121 air 
        carrier' means an air carrier to which part 121 of title 14, 
        Code of Federal Regulations, applies.
            ``(3) Part 135 air carrier.--The term `part 135 air 
        carrier' means an air carrier to which part 135 of title 14, 
        Code of Federal Regulations, applies.
            ``(4) Regional/commuter carriers.--The term `regional/
        commuter carrier' means--
                    ``(A) a part 135 air carrier; or
                    ``(B) a part 121 air carrier that provides air 
                transportation exclusively with aircraft having a 
                seating capacity of no more than 70 passengers.
            ``(5) Termination.--The term `termination' means the 
        cessation of all service at an airport by an air carrier.''.
    (2) The portion of the table of contents of the Federal Aviation 
Act of 1958 relating to title IV is amended by inserting immediately 
after the item relating to section 419 the following new item:

``Sec. 420. Air service termination notice.
        ``(a) In general.
        ``(b) Exceptions.
        ``(c) Waivers for regional/commuter carriers.
        ``(d) Definitions.''.
    (b) Civil Penalties.--Section 901(a)(1) of the Federal Aviation Act 
of 1958 (49 App. U.S.C. 1471(a)(1)) is amended by inserting ``section 
420 or'' immediately after ``$10,000 for each violation of''.
    (c) Effective Date.--The amendments made by this section shall be 
effective beginning on October 1, 1994.

SEC. 206. COOPERATIVE AGREEMENTS FOR RESEARCH, ENGINEERING, AND 
              DEVELOPMENT.

    (a) In General.--Section 312 of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1353) is amended by adding at the end the following new 
subsection:
    ``(j) Cooperative Agreements.--The Administrator may enter into 
cooperative agreements on a cost-shared basis with Federal and non-
Federal entities that the Administrator may select in order to conduct, 
encourage, and promote aviation research, engineering, and development, 
including the development of prototypes and demonstration models.''.
    (b) Conforming Amendment.--The table of contents of the Federal 
Aviation Act of 1958 is amended by adding at the end of the item 
relating to section 312 the following:

    ``(j) Cooperative agreements.''.

SEC. 207. TECHNICAL AMENDMENTS.

    Section 1112 of the Federal Aviation Act of 1958 (49 App. U.S.C. 
1512) is amended--
            (1) by striking ``50 per centum'' wherever it appears and 
        inserting in lieu ``50 percent'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting immediately after subsection (b) the 
        following new subsection:
    ``(c) Compensation paid by an air carrier to an employee described 
in subsection (a) in connection with such employee's authorized leave 
or other authorized absence from regular duties on the carrier's 
aircraft in order to perform services on behalf of the employee's 
airline union shall not be subject to the income tax laws of a State or 
subdivision thereof, other than the State or subdivision thereof of the 
employee's residence and the State or subdivision thereof in which the 
employee's scheduled flight time would have been more than 50 percent 
of the employee's total scheduled flight time for the calendar year had 
the employee been engaged full time in the performance of regularly 
assigned duties on the carrier's aircraft.''.

SEC. 208. REVIEW OF PASSENGER FACILITY CHARGE PROGRAM.

    The Secretary shall conduct a review of section 158.49(b) of title 
14, Code of Federal Regulations, to assess the effectiveness of such 
section in light of the objectives of section 1113(e) of the Federal 
Aviation Act of 1958 (49 App. U.S.C. 1513(e)) and shall take such 
corrective action as the Secretary determines to be necessary to 
address any problems discovered in the review.

SEC. 209. EXCEPTIONS APPLICABLE TO STATE OF HAWAII.

    (a) Definitions.--(1) Section 101(24) of the Federal Aviation Act 
of 1958 (49 App. U.S.C. 1301(24)) is amended by adding at the end the 
following new sentence: ``For purposes of title IV, the term 
`interstate air transportation' does not include air transportation of 
passengers commencing and terminating in the State of Hawaii.''.
    (2) Section 101(26) of the Federal Aviation Act of 1958 (49 App. 
U.S.C. 1301(26)) is amended by adding at the end the following: ``With 
respect to transportation of passengers by air within the State of 
Hawaii, the term `intrastate air transportation' means the carriage of 
persons by a common carrier for compensation or hire, by such aircraft, 
commencing and terminating in the State of Hawaii; except that the 
carriage of passengers moving as a part of a single itinerary on a 
single ticket for transportation on an air carrier or air carriers, 
beginning and/or ending outside the State of Hawaii, is deemed to be in 
interstate transportation.''.
    (b) Federal Preemption.--(1) Section 105(a) of the Federal Aviation 
Act of 1958 (49 App. U.S.C. 1305(a)) is amended by adding at the end 
the following new paragraph:
            ``(3) The provisions of paragraph (1) shall not apply to 
        any transportation by air of persons commencing and terminating 
        within the State of Hawaii.''.
    (2) Section 105(b)(2) of the Federal Aviation Act of 1958 (49 App. 
U.S.C. 1305(b)(2)) is amended by striking ``(other than the State of 
Hawaii)''.

SEC. 210. TRANSPORTATION SECURITY REPORT.

    Section 315(b)(1) of the Federal Aviation Act of 1958 (49 App. 
U.S.C. 1356(b)(1)) is amended by striking ``December 31'' and inserting 
in lieu thereof ``March 31''.

SEC. 211. INTERMODAL ALL-CARGO AIR CARRIERS.

    (a) Definitions.--Section 101 of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1301) is amended by redesignating paragraphs (25) 
through (41) as paragraphs (26) through (42), respectively; and by 
inserting immediately after paragraph (24) the following new paragraph:
            ``(25) `Intermodal all-cargo air carrier' means--
                    ``(A) an air carrier (including an indirect cargo 
                air carrier, as defined in section 296.3 of title 14, 
                Code of Federal Regulations, as in effect on March 1, 
                1994) that undertakes to provide the transportation 
                described in section 105(a)(4); or
                    ``(B) any other carrier--
                            ``(i) which has authority to provide 
                        transportation;
                            ``(ii) which (I) is affiliated with an air 
                        carrier described in subparagraph (A) through 
                        common controlling ownership, or (II) utilizes 
                        as principal or as shipper's agent, or is 
                        affiliated through common controlling ownership 
                        with companies that utilize, an air carrier 
                        described in subparagraph (A) at least 15,000 
                        times annually; and
                            ``(iii) which undertakes to provide the 
                        transportation described in section 
                        105(a)(4).''.
    (b) Preemption.--Section 105(a) of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1305(a)), as amended by this Act, is further amended by 
adding at the end the following new paragraph:
            ``(4)(A) Except as provided in subparagraph (B), no State 
        or political subdivision thereof, no interstate agency of two 
        or more States, and no other political agency of two or more 
        States shall enact or enforce any law, rule, regulation, 
        standard, or other provision having the force and effect of law 
        relating to rates, routes, or services of any intermodal all-
        cargo air carrier when such carrier is transporting property, 
        pieces, parcels, or packages between States or wholly within 
        any single State by aircraft or by motor vehicle (whether or 
        not such property has had or will have a prior or subsequent 
        air movement).
            ``(B) Subparagraph (A)--
                    ``(i) does not apply to the transportation of 
                household goods as defined in section 10102(11) of 
                title 49, United States Code;
                    ``(ii) shall not restrict safety regulatory 
                authority; and
                    ``(iii) does not apply to the regulation of vehicle 
                size and weight.
        For purposes of clause (ii), the authority to regulate rates, 
        routes, or services shall not be construed as safety regulatory 
        authority, and the authority permitted under the Hazardous 
        Materials Transportation Act (49 App. U.S.C. 1801 et seq.) to 
        regulate routing shall not be affected.
            ``(C) For purposes of this paragraph, a person who is an 
        intermodal all-cargo air carrier in any one State shall be 
        considered such a carrier in all States.
            ``(D) This paragraph shall not in any way limit the 
        applicability of paragraph (1).''.

 TITLE III--AVIATION SAFETY AND NOISE ABATEMENT ACT OF 1979 AMENDMENTS

SEC. 301. REPEAL OF ANNUAL REPORT REQUIREMENT.

    Section 401 of the Aviation Safety and Noise Abatement Act of 1979 
(Public Law 96-193; 94 Stat. 57) is repealed.

SEC. 302. NOISE ABATEMENT PROGRAMS.

    (a) Soundproofing of Certain Residential Buildings.--Section 
104(c)(2) of the Aviation Safety and Noise Abatement Act of 1979 (49 
App. U.S.C. 2104(c)(2)) is amended--
            (1) by inserting ``(A)'' immediately before ``to operators 
        of airports''; and
            (2) by striking the period at the end and inserting in lieu 
        thereof ``; and (B) for projects to soundproof residential 
        buildings--
                    ``(i) if the operator of the airport involved 
                received approval for a grant for a project to 
                soundproof residential buildings pursuant to section 
                301(d)(4)(B) of the Airport and Airway Safety and 
                Capacity Expansion Act of 1987;
                    ``(ii) if the operator of the airport involved 
                submits updated noise exposure contours, as required by 
                the Secretary; and
                    ``(iii) if the Secretary determines that the 
                proposed projects are compatible with the purposes of 
                this Act.''.
    (b) Soundproofing and Acquisition of Certain Residential 
Properties.--Section 104(c) of the Aviation Safety and Noise Abatement 
Act of 1979 (49 App. U.S.C. 2104(c)) is amended by adding at the end 
the following new paragraph:
            ``(4) Soundproofing and Acquisition of Certain Residential 
        Properties.--The Secretary is authorized under this section to 
        make grants to operators of airports and to units of local 
        government referred to in paragraph (1) for projects to 
        soundproof residential buildings located on residential 
        properties, and for projects to acquire residential properties, 
        at which noise levels are not compatible with normal operations 
        of an airport--
                    ``(A) if the operator of the airport involved 
                amended an existing local aircraft noise regulation 
                during calendar year 1993 to increase the maximum 
                permitted noise levels for scheduled air carrier 
                aircraft as a direct result of implementation of 
                revised aircraft noise departure procedures mandated 
                for aircraft safety purposes by the Administrator of 
                the Federal Aviation Administration for standardized 
                application at airports served by scheduled air 
                carriers;
                    ``(B) if the operator of the airport involved 
                submits updated noise exposure contours, as required by 
                the Secretary; and
                    ``(C) if the Secretary determines that the proposed 
                projects are compatible with the purposes of this 
                Act.''.

SEC. 303. WAIVER AUTHORITY FOR FOREIGN AIR CARRIERS.

    (a) In General.--Section 9308(b)(1) of the Aviation Noise and 
Capacity Act of 1990 (49 App. U.S.C. 2157(b)(1)) is amended by 
inserting ``or a foreign air carrier'' immediately after ``air 
carrier'' wherever it appears.
    (b) Definition.--Section 9308(h)(1) of the Aviation Noise and 
Capacity Act of 1990 (49 App. U.S.C. 2157(h)(1)) is amended to read as 
follows:
            ``(1) Air carrier; foreign air carrier; air transportation; 
        united states.--The terms `air carrier', `foreign air carrier', 
        `air transportation', and `United States' have the meanings 
        such terms have under section 101 of the Federal Aviation Act 
        of 1958.''.

SEC. 304. RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY.

    The Federal Aviation Administration Research, Engineering, and 
Development Authorization Act of 1992 (title III of Public Law 102-581; 
106 Stat. 495) is amended by adding at the end the following new 
section:

``SEC. 306. RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY FOR PROPELLER 
              AND ROTOR DRIVEN AIRCRAFT.

    ``(a) Establishment.--The Administrator of the Federal Aviation 
Administration (FAA) and the Administrator of the National Aeronautics 
and Space Administration (NASA) shall conduct a study to identify 
technologies for noise reduction of propeller driven aircraft and 
rotorcraft.
    ``(b) Goal.--The goal of the study conducted under subsection (a) 
is to determine the status of research and development now underway in 
the area of quiet technology for propeller driven aircraft and 
rotorcraft, including technology that is cost beneficial, and to 
determine whether a research program to supplement existing research 
activities is necessary.
    ``(c) Participation.--In conducting the study required under 
subsection (a), the Administrator of the FAA and the administrator of 
NASA shall encourage the participation of the Department of Defense, 
the Department of the Interior, the airtour industry, the aviation 
industry, academia and other appropriate groups.
    ``(d) Report.--Not less than 280 days after enactment of this 
section the Administrator of the FAA and the Administrator of NASA 
shall transmit to Congress a report on the results of the study 
required under subsection (a).
    ``(e) Research and Development Program.--If the Administrator of 
the FAA and the Administrator of NASA determine that additional 
research and development is necessary and would substantially 
contribute to the development of quiet aircraft technology, then the 
agencies shall conduct an appropriate research program in consultation 
with the entities listed in subsection (c) to develop safe, effective, 
and economical noise reduction technology (including technology that 
can be applied to existing propeller driven aircraft and rotorcraft) 
that would result in aircraft that operate at substantially reduced 
levels of noise to reduce the impact of such aircraft and rotorcraft on 
the resources of national parks and other areas.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. DISCONTINUATION OF AVIATION SAFETY JOURNAL.

    The Administrator may not publish, nor contract with any other 
organization for the publication of, the magazine known as the 
``Aviation Safety Journal''. Any existing contract for publication of 
the magazine shall be cancelled within 30 days after the date of 
enactment of this Act.

SEC. 402. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.

    (a) Study.--(1) Within 30 days after the date of enactment of this 
Act, the Secretary, in cooperation with the National Transportation 
Safety Board, the National Guard, and the Juneau International Airport, 
shall undertake a study of the safety of the approaches to the Juneau 
International Airport.
    (2) Such study shall examine--
            (A) the crash of Alaska Airlines Flight 1866 on September 
        4, 1971;
            (B) the crash of a Lear Jet on October 22, 1985;
            (C) the crash of an Alaska Army National Guard aircraft on 
        November 12, 1992;
            (D) the adequacy of NAVAIDs in the vicinity of the Juneau 
        International Airport;
            (E) the possibility of inaccurate data from Sisters Island 
        DVOR, and the possibility of confusion between Elephant Island 
        Non-Directional Beacon and Coghlan Island Non-Directional 
        Beacon;
            (F) the need for a singular Approach Surveillance Radar 
        site on top of Heintzleman Ridge;
            (G) the need for a Terminal Very High Frequency Omni-
        Directional Range (Terminal VOR) navigational aid in Gastineau 
        Channel; and
            (H) any other matters any of the parties named in paragraph 
        (1) think appropriate to the safety of aircraft approaching or 
        leaving the Juneau International Airport.
    (b) Report.--(1) Within 6 months after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives a report 
which--
            (A) details the matters considered by the study;
            (B) summarizes any conclusions reached by the participants 
        in the study;
            (C) proposes specific recommendations to improve or enhance 
        the safety of aircraft approaching or leaving the Juneau 
        International Airport, or contains a detailed explanation of 
        why no recommendations are being proposed;
            (D) estimates the cost of any proposed recommendations; and
            (E) includes any other matters the Secretary deems 
        appropriate.
    (2) The report shall include any minority views if consensus is not 
reached among the parties listed in subsection (a)(1).

SEC. 403. SOLDOTNA AIRPORT IMPROVEMENT.

    (a) Release.--Notwithstanding section 16 of the Federal Airport Act 
(as in effect on December 12, 1963), the Secretary is authorized, 
subject to the provisions of section 4 of the Act of October 1, 1949 
(50 App. U.S.C. 1622c), and the provisions of subsection (b) of this 
section, to grant releases from any of the terms, conditions, 
reservations, and restrictions contained in the deed of conveyance 
dated December 12, 1963, under which the United States conveyed certain 
property to the city of Soldotna, Alaska, for airport purposes.
    (b) Conditions.--Any release granted under subsection (a) shall be 
subject to the following conditions:
            (1) The city of Soldotna, Alaska, shall agree that, in 
        conveying any interest in the property which the United States 
        conveyed to the city by deed dated December 12, 1963, the city 
        will receive an amount for such interest which is equal to the 
        fair market value (as determined pursuant to regulations issued 
        by the Secretary).
            (2) Any such amount so received by the city shall be used 
        by the city for the development, improvement, operation, or 
        maintenance of a public airport.

SEC. 404. ROLLA AIRPORT IMPROVEMENT.

    (a) Authorization To Grant Releases.--Notwithstanding section 16 of 
the Federal Airport Act (as in effect on December 30, 1957), the 
Secretary is authorized, subject to the provisions of section 4 of the 
Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of 
subsection (b) of this section, to grant releases from any of the 
terms, conditions, reservations, and restrictions contained in the deed 
of conveyance dated December 30, 1957, or any other deed of conveyance 
dated after such date and before the date of enactment of this Act, 
under which the United States conveyed certain property to the city of 
Rolla, Missouri, for airport purposes.
    (b) Conditions.--Any release granted under subsection (a) shall be 
subject to the following conditions:
            (1) The city of Rolla, Missouri, shall agree that, in 
        conveying any interest in the property which the United States 
        conveyed to the city by a deed described in subsection (a), the 
        city will receive an amount for such interest which is equal to 
        the fair market value (as determined pursuant to regulations 
        issued by the Secretary).
            (2) Any such amount so received by the city shall be used 
        by the city for the development, improvement, operation, or 
        maintenance of a public airport.

SEC. 405. PALM SPRINGS, CALIFORNIA.

    (a) Authority To Grant Release.--Notwithstanding section 4 of the 
Act of October 1, 1949 (50 App. U.S.C. 1622c), and subject to the 
provisions of subsection (b), the Administrator shall grant releases 
from all of the terms, conditions, reservations, and restrictions 
contained in the deed of conveyance dated September 15, 1949, under 
which the United States conveyed certain property to Palm Springs, 
California, for airport purposes. The releases shall apply only to 
approximately 11 acres of lot 16 of section 13, and approximately 39.07 
acres of lots 19 and 20 of section 19, used by the city of Palm 
Springs, California, for general governmental purposes.
    (b) Conditions.--Any release granted by the Administrator under 
subsection (a) shall be subject to the following conditions:
            (1) The Administrator shall waive any requirement that 
        there be credited to the account of the airport any amount 
        attributable to the city's use for governmental purposes of any 
        land conveyed under the deed of conveyance referred to in 
        subsection (a) before the date of enactment of this section.
            (2) The city shall abandon all claims, against income of 
        the Palm Springs Regional Airport or other assets of that 
        airport, for reimbursement of general revenue funds that the 
        city may have expended before the date of enactment of this Act 
        for acquisition of 523.39 acres of land conveyed August 28, 
        1961, for airport purposes and for expenses incurred at any 
        time in connection with such acquisition, and such claims shall 
        not be eligible for reimbursement under the Airport and Airway 
        Improvement Act of 1982 or any successor Act.

SEC. 406. RELOCATION OF AIRWAY FACILITIES.

    Compensation received by the United States for transfer of the San 
Jacinto Disposal Area by the United States to the City of Galveston, 
Texas, shall include compensation to be provided to the Federal 
Aviation Administration for all costs of establishing airway facilities 
to replace existing airway facilities on the San Jacinto Disposal Area. 
Such compensation shall include but is not limited to the replacement 
of the land, clear zones, buildings and equipment, and demolition and 
disposal of the existing facilities on the San Jacinto Disposal Area.

SEC. 407. AUGUSTA STATE AIRPORT WEATHER SERVICES.

    (a) Requirement.--(1) The Secretary shall provide for weather 
observation services, including direct radio contact between weather 
observers and pilots, at Augusta State Airport in Maine.
    (2) The Secretary shall be responsible for the operation and 
maintenance of equipment necessary to carry out paragraph (1).
    (b) Reimbursable Agreements.--The Secretary is authorized to enter 
into a reimbursable agreement with the Maine Department of 
Transportation for the provision of weather services pursuant to 
subsection (a).

SEC. 408. STUDY ON CHILD RESTRAINT SYSTEMS.

    (a) Study.--The Administrator shall conduct a study on the 
availability, effectiveness, cost, and usefulness of restraint systems 
that may offer protection to a child carried in the lap of an adult 
aboard an air carrier aircraft or provide for the attachment of a child 
restraint device to the aircraft.
    (b) Study Criteria.--Among other issues, the study shall examine 
the impact of the following:
            (1) The direct cost to families of requiring air carriers 
        to provide restraint systems and requiring infants to use them, 
        including whether airlines will charge a fare for use of seats 
        containing infant restraining systems; such estimate to cover a 
        ten-year period;
            (2) The impact on air carrier aircraft passenger volume by 
        requiring use of infant restraint systems, including whether 
        families will choose to travel to destinations by other means, 
        including automobiles; such estimate to cover a ten-year 
        period;
            (3) The impact on fatality rates of infants using other 
        modes of transportation, including automobiles, subject to the 
        findings in subsection (b)(2) above; such estimate to cover a 
        ten-year period; and
            (4) The efficacy of infant restraint systems currently 
        marketed as able to be used for air carrier aircraft.
    (c) Report.--The Administrator shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Public Works and Transportation of the House of Representatives a 
report on the results of the study required in subsection (a). The 
report shall be submitted within 6 months after the date of enactment 
of this Act.

SEC. 409. AIRCRAFT SMOKE EMERGENCIES.

    The Administrator shall enforce Federal Aviation Administration 
regulations relating to pilot vision and smoke emergencies caused by 
dense, continuous smoke in the cockpit on current and future aircraft 
and shall report to Congress within 1 year after the date of enactment 
of this Act on the Administrator's efforts to ensure compliance with 
such regulations.

SEC. 410. REAL ESTATE TRANSFERS AND WEATHER OBSERVATIONS IN ALASKA.

    (a) Transfer Of Site In Lake Minchumina, Alaska.--The Administrator 
shall convey to the community of Lake Minchumina, Alaska, the Federal 
Aviation Administration building number 106 and a reasonable amount of 
land to make use of the property, at Lake Minchumina, Alaska, for the 
purpose of providing educational facilities, under the terms set forth 
in Agreement No. DTFA04-93-J-82007, between the Federal Aviation 
Administration and the Iditarod Area School District, and such other 
terms as are mutually agreed on between the Administrator and the 
community of Lake Minchumina.
    (b) Transfer Of Site In Fort Yukon, Alaska.--The Administrator 
shall convey to the city of Fort Yukon, Alaska, the buildings of the 
Federal Aviation Administration and land in Fort Yukon, Alaska 
(described as that portion of Lot 4, U.S. Survey 7161, within section 
8, T.20 N., R.12E., Fairbanks Meridian consisting of 7.14 acres, and 
containing the health clinic and staff housing for the aforementioned 
clinic) for the purpose of providing health services, under terms that 
are mutually agreed on between the Administrator and the city of Fort 
Yukon.
    (c) Weather Observation Services In Alaska.--The Administrator 
shall provide human observers to offer real-time weather information to 
pilots by direct radio contact in Alaska at--
            (1) Dutch Harbor, Valdez, Wrangell, Petersburg, Sand Point, 
        and Yakutat on a full-time basis;
            (2) Aniak, St. Marys, Dillingham, Unalakleet, Fort Yukon, 
        Port Heiden, Anaktuvuk Pass, and Gustavus to replace the 
        Automated Weather Observing System (AWOS) in the event of 
        failures and to verify AWOS reports when the safety of aircraft 
        is at risk; and
            (3) other communities that the Administrator determines 
        require human weather observers.

SEC. 411. STURGIS, KENTUCKY.

    (a) Authorization To Grant Releases.--Notwithstanding any other 
provision of law, the Administrator is authorized, subject to section 4 
of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and subsection 
(b) of this section, to grant releases with respect to such parcels of 
land, or portions of such parcels, as the Administrator determines are 
no longer required for airport purposes, from any of the terms, 
conditions, reservations, and restrictions contained in the deed of 
conveyance dated July 13, 1948, under which the United States conveyed 
such property to the Union County Air Board, State of Kentucky, for 
airport purposes of the Sturgis Municipal Airport.
    (b) Conditions.--Any release granted by the Administrator under 
subsection (a) shall be subject to the following conditions:
            (1) The Union County Air Board shall agree that, in leasing 
        or conveying any interest in the property with respect to which 
        releases are granted under subsection (a), such Board will 
        receive an amount that is equal to the fair lease value or the 
        fair market value, as the case may be (as determined pursuant 
        to regulations issued by the Secretary).
            (2) Such Board shall use any amount so received only for 
        the development, improvement, operation, or maintenance of the 
        Sturgis Municipal Airport.
            (3) Any other conditions that the Administrator considers 
        necessary to protect or advance the interests of the United 
        States in civil aviation.

SEC. 412. GAMBLING ON COMMERCIAL AIRCRAFT.

    (a) Amendments.--(1) Title IV of the Federal Aviation Act of 1958 
(49 App. U.S.C. 1371 et seq.), as amended by this Act, is further 
amended by adding at the end the following new section:

``SEC. 422. GAMBLING RESTRICTIONS.

    ``(a) In General.--No air carrier or foreign air carrier may 
install, transport, or operate, or permit the use of, any gambling 
device on board an aircraft in foreign air transportation.
    ``(b) Definition.--In this section, the term `gambling device' 
means any machine or mechanical device (including gambling applications 
on electronic interactive video systems installed on board aircraft for 
passenger use)--
            ``(1) which when operated may deliver, as the result of the 
        application of an element of chance, any money or property; or
            ``(2) by the operation of which a person may become 
        entitled to receive, as the result of the application of an 
        element of chance, any money or property.''.
    (2) The portion of the table of contents of the Federal Aviation 
Act of 1958 relating to title IV, as amended by this Act, is further 
amended by inserting immediately after the item relating to section 421 
the following new item:

``Sec. 422. Gambling restrictions.
        ``(a) In general.
        ``(b) Definition.''.
    (b) Aviation Safety Study.--The Administrator of the Federal 
Aviation Administration shall, within 90 days after the date of 
enactment of this Act, complete a study of the aviation safety effects 
of gambling applications on electronic interactive video systems 
installed on board aircraft for passenger use. The study shall include 
an evaluation of the effect of such systems on the navigational and 
other electronic equipment of the aircraft, on the passengers and crew 
of the aircraft, and on issues relating to the method of payment. The 
Administrator shall, within 5 days after completing the study, submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Public Works and Transportation of the 
House of Representatives on the results of the study.
    (c) Study on Competition Effects.--The Secretary of Transportation 
shall, within 90 days after the date of enactment of this Act, complete 
a study of the competitive implications of permitting foreign air 
carriers only, but not United States air carriers, to install, 
transport, and operate gambling application on electronic interactive 
video systems on board aircraft in the foreign commerce of the United 
States on flights over international waters, or in fifth freedom city-
pair markets. The Secretary shall, within 5 days after the completion 
of the study, submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives on the results of the 
study.

SEC. 413. LAND ACQUISITION COSTS.

    Notwithstanding section 512 of the Airport and Airway Improvement 
Act of 1982 (49 U.S.C. App. 2211), the Secretary of Transportation may 
approve an upward adjustment not to exceed $750,000, in the maximum 
obligation of the United States under an Airport Improvement Program 
grant issued to a reliever airport after September 1, 1989, and before 
October 1, 1989, in order to assist in funding increased land 
acquisition costs (as determined in judicial proceedings) and 
associated eligible project costs.

SEC. 414. MONROE AIRPORT IMPROVEMENT.

    (a) Authorization To Grant Releases.--Notwithstanding section 16 of 
the Federal Airport Act (as in effect on the date of transfer of Selman 
Field, Louisiana, from the United States to the city of Monroe, 
Louisiana), the Administrator of the Federal Aviation Administration is 
authorized, subject to the provisions of section 4 of the Act of 
October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of 
subsection (b) of this section, to grant releases from any of the 
terms, conditions, reservations, and restrictions contained in the 1949 
deed of conveyance, or any other deed of conveyance occurring 
subsequent to that initial transference and before the date of 
enactment of this Act, under which the United States conveyed certain 
property then constituting Selman Field, Louisiana, to the city of 
Monroe, Louisiana, for airport purposes.
    (b) Conditions.--Any release granted under subsection (a) shall be 
subject to the following conditions:
            (1) The city of Monroe, Louisiana, shall agree that, in 
        conveying any interest in the property which the United States 
        conveyed to the city by a deed described in subsection (a), the 
        city will receive an amount for such interest which is equal to 
        the fair market value (as determined pursuant to regulations 
        issued by the Secretary of Transportation).
            (2) Any such amount so received by the city shall be used 
        by the city for the development, improvement, operation, or 
        maintenance of a public airport.

SEC. 415. NORTH KOREA.

    (a) Findings.--(1) President Clinton stated in November of 1993, it 
is the official policy of the United States that North Korea cannot be 
allowed to become a nuclear power.
    (2) The United States seeks to compel North Korea, through the 
imposition of sanctions or other means, to act in accordance with its 
freely undertaken obligations under the Nuclear Non-Proliferation 
Treaty and to abandon its efforts to develop nuclear weapons.
    (3) North Korea has repeatedly threatened to withdraw from the 
Nuclear Non-Proliferation Treaty, has resisted efforts of the 
International Atomic Energy Agency to conduct effective inspections of 
its nuclear program, and has stated that it would consider the 
imposition of economic sanctions as a declaration of war and has 
threatened retaliatory action.
    (4) The North Korean government has constructed and has operated a 
reprocessing facility at Yongbyon solely designed to convert spent 
nuclear fuel into plutonium with which to make nuclear weapons. 
Further, the existence of this facility and the development of these 
weapons gravely threatens security in the region and increases the 
likelihood of worldwide nuclear terrorism.
    (5) The Secretary of Defense stated that the United States must act 
on the assumption that there will be some increase in the risk of war 
if sanctions are imposed on North Korea.
    (6) It is incumbent on the United States to take all necessary and 
prudent action to act together with the Republic of Korea to ensure the 
preparedness of United States and Republic of Korea forces to repel as 
quickly as possible any attack from North Korea and to protect the 
safety and security of United States and Republic of Korea forces, as 
well as the safety and security of the civilian population of the 
peninsula.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
United States should immediately take all necessary and prudent actions 
to enhance the preparedness and safety of United States forces and urge 
and assist the Republic of Korea to do likewise in order to deter and, 
if necessary, repel an attack from North Korea.

SEC. 416. REQUIREMENT FOR CONTINUATION OF RADAR APPROACH CONTROL 
              ACTIVITIES.

    (a) Finding.--Congress finds that the President's Five-Point Plan 
for Revitalizing Base Closure Communities dated July 2, 1993, 
encourages all Federal agencies to marshall the resources of such 
agencies in order to provide coordinated assistance to communities that 
experience adverse economic circumstances as the result of the closure 
of a military installation under a base closure law.
    (b) Requirement.--The Administrator of the Federal Aviation 
Administration shall carry out on-going radar approach control 
activities at K. I. Sawyer Air Force Base, Michigan. The Administrator 
shall carry out such activities in the most cost-effective manner using 
any funds available to the Administrator.

SEC. 417. SENSE OF THE SENATE.

    It is the sense of the Senate that the Inspector General of the 
Department of Transportation in carrying out the duties and 
responsibilities of the Inspector General Act of 1978 has oversight 
responsibilities and may conduct and supervise audits and 
investigations relating to any funds appropriated by the Congress and 
made available for any programs or operations at Washington National 
Airport and Dulles International Airport, and that the Inspector 
General shall--
            (1) provide leadership and coordination and recommend 
        policies for activities designed to promote the economy, 
        efficiency, and effectiveness of such programs and operations; 
        and
            (2) act to prevent and detect fraud and abuse in such 
        programs and operations; and
            (3) inform the Secretary of the Department of 
        Transportation and the Congress about problems and deficiencies 
        relating to the administration of such programs and operations.

SEC. 418. RELIGIOUS LIBERTY.

    (a) Findings.--The Congress finds that--
            (1) the liberties protected by our Constitution include 
        religious liberty protected by the first amendment;
            (2) citizens of the United States profess the beliefs of 
        almost every conceivable religion;
            (3) Congress has historically protected religious 
        expression even from governmental action not intended to be 
        hostile to religion;
            (4) the Supreme Court has written that ``the free exercise 
        of religion means, first and foremost, the right to believe and 
        profess whatever religious doctrine one desires'';
            (5) the Supreme Court has firmly settled that under our 
        Constitution the public expression of ideas may not be 
        prohibited merely because the content of the ideas is offensive 
        to some;
            (6) Congress enacted the Religious Freedom Restoration Act 
        of 1993 to restate and make clear again our intent and position 
        that religious liberty is and should forever be granted 
        protection from unwarranted and unjustified government 
        intrusions and burdens;
            (7) the Equal Employment Opportunity Commission has written 
        proposed guidelines to title VII of the Civil Rights Act of 
        1964, published in the Federal Register on October 1, 1993, 
        that may result in the infringement of religious liberty;
            (8) such guidelines do not appropriately resolve issues 
        related to religious liberty and religious expression in the 
        workplace;
            (9) properly drawn guidelines for the determination of 
        religious harassment should provide appropriate guidance to 
        employers and employees and assist in the continued 
        preservation of religious liberty as guaranteed by the first 
        amendment;
            (10) the Commission states in its proposed guidelines that 
        it retains wholly separate guidelines for the determination of 
        sexual harassment because the Commission believes that sexual 
        harassment raises issues about human interaction that are to 
        some extent unique in comparison to other harassment and may 
        warrant separate treatment; and
            (11) the subject of religious harassment also raises issues 
        about human interaction that are to some extent unique in 
        comparison to other harassment.
    (b) Sense of the Congress.--It is the sense of the Congress that, 
for purposes of issuing final regulations under title VII of the Civil 
Rights Act of 1964 in connection with the proposed guidelines published 
by the Equal Employment Opportunity Commission on October 1, 1993 (58 
Fed. Reg. 51266)--
            (1) the category of religion should be withdrawn from the 
        proposed guidelines at this time;
            (2) any new guidelines for the determination of religious 
        harassment should be drafted so as to make explicitly clear 
        that symbols or expressions of religious belief consistent with 
        the first amendment and the Religious Freedom Restoration Act 
        of 1993 are not to be restricted and do not constitute proof of 
        harassment;
            (3) the Commission should hold public hearings on such new 
        proposed guidelines; and
            (4) the Commission should receive additional public comment 
        before issuing similar new regulations.

SEC. 419. INFORMATION ON DISINSECTION OF AIRCRAFT.

    (a) Availability of Information.--In the interest of protecting the 
health of air travelers, the Secretary of Transportation shall publish 
a list of the countries (as determined by the Secretary) that require 
disinsection of aircraft landing in such countries while passengers and 
crew are on board such aircraft.
    (b) Revision.--The Secretary shall revise the list required under 
subsection (a) on a periodic basis.
    (c) Publication.--The Secretary shall publish the list required 
under subsection (a) not later than 30 days after the date of the 
enactment of this Act. The Secretary shall publish a revision to the 
list not later than 30 days after completing the revision under 
subsection (b).

SEC. 420. CONTRACT TOWER ASSISTANCE.

    The Secretary of Transportation shall take appropriate action to 
assist Chandler, Arizona, Aberdeen, South Dakota, and other communities 
where the Secretary deems such assistance appropriate, in obtaining the 
installation of a Level I Contract Tower for those communities.

SEC. 421. SENSE OF SENATE ON ISSUANCE OF REPORT ON USAGE OF RADAR AT 
              THE CHEYENNE, WYOMING AIRPORT.

    It is the sense of the Senate that the Secretary of 
Transportation--
            (1) should take such action as may be necessary to revise 
        the cost/benefit analysis process of the Department of 
        Transportation to fully take projected military enplanement and 
        cost savings figures into consideration with regard to radar 
        installations at joint-use civilian/military airports;
            (2) should require the Administrator of the Federal 
        Aviation Administration to reevaluate the aircraft radar needs 
        at the Cheyenne, Wyoming Airport, and enter into an immediate 
        dialogue with officials of the Wyoming Air Guard, F.E. Warren 
        Air Force Base, and Cheyenne area leaders in the phase II radar 
        installation reevaluation of the Administration and adjust 
        cost/benefit determinations based to some appropriate degree on 
        already provided military figures and concerns and other 
        enplanement projections in the region; and
            (3) should report to Congress within 60 days following the 
        date of the enactment of this Act on the results of the 
        reevaluation of the aircraft radar needs of the Cheyenne, 
        Wyoming Airport, and of Southeast Wyoming, and explain how 
        military figures and concerns will be appropriately solicited 
        in future radar decisions involving joint-use airport 
        facilities.

   TITLE V--AIRPORT-AIR CARRIER DISPUTES REGARDING RATES, FEES, AND 
                                CHARGES

SEC. 501. DECLARATION OF POLICY.

    Section 502(a) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2201(a)), as amended by this Act, is further amended by 
adding at the end the following new paragraphs:
            ``(16) airport fees, rates, and charges must be reasonable 
        and may only be used for purposes not prohibited by this Act; 
        and
            ``(17) airports should be as self-sustaining as possible 
        under the circumstances existing at each particular airport; 
        and in establishing new fees, rates, and charges, and 
        generating revenues from all sources, airport owners and 
        operators should not seek to create revenue surpluses that 
        exceed the amounts to be used for airport system purposes and 
        for other purposes for which airport revenues may be spent 
        under section 511(a)(12), including reasonable reserves and 
        other funds to facilitate financing and cover contingencies.''.

SEC. 502. AIRPORT FINANCIAL REPORTING.

    (a) Format For Reporting.--Within 180 days after the date of 
enactment of this Act, the Secretary shall prescribe a uniform 
simplified format for reporting that is applicable to airports. Such a 
format shall be designed to enable the public to understand readily how 
funds are collected and spent at airports, and to provide sufficient 
information relating to total revenues, operating expenditures, capital 
expenditures, debt service payments, contributions to restricted funds, 
accounts, or reserves required by financing agreements or covenants or 
airport lease or use agreements or covenants. Such format shall require 
each commercial service airport to report the amount of any revenue 
surplus, the amount of concession-generated revenue, and other 
information as required by the Secretary.
    (b) Requirement To Use Format.--Within 1 year after the date of 
enactment of this Act and once each year thereafter, each airport which 
is subject to any grant assurance under section 511(a) of the Airport 
and Airway Improvement Act of 1982 (49 App. U.S.C. 2210(a)) shall file 
reports to the Secretary in the format prescribed by the Secretary 
under this section.
    (c) Annual Summaries.--The Secretary shall provide annual summaries 
of such reports to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives.

SEC. 503. ADDITIONAL ENFORCEMENT AGAINST ILLEGAL DIVERSION OF AIRPORT 
              REVENUE.

    (a) New Policies And Procedures.--Section 511 of the Airport and 
Airway Improvement Act of 1982 (49 App. U.S.C. 2210) is amended by 
adding at the end the following new subsection:
    ``(i) Policies And Procedures To Ensure Enforcement Against Illegal 
Diversion Of Airport Revenue.--
            ``(1) In General.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary shall establish 
        policies and procedures that will assure the prompt and 
        effective enforcement of subsections (a)(9) and (a)(12) and 
        grant assurances made under such subsections. Such policies and 
        procedures shall recognize the exemption provision in 
        subsection (a)(12), and shall respond to the information 
        contained in the reports of the Inspector General of the 
        Department of Transportation on airport revenue diversion and 
        such other relevant information as the Secretary may by law 
        consider.
            ``(2) Revenue Diversion.--Such policies and procedures 
        shall prohibit, at a minimum, the diversion of airport revenues 
        (except as authorized under subsection (a)(12)) through--
                    ``(A) direct payments or indirect payments, other 
                than payments reflecting the value of services and 
                facilities provided to the airport;
                    ``(B) use of airport revenues for general economic 
                development, marketing, and promotional activities 
                unrelated to airports or airport systems;
                    ``(C) payments in lieu of taxes or other 
                assessments that exceed the value of services provided; 
                or
                    ``(D) payments to compensate nonsponsoring 
                governmental bodies for lost tax revenues exceeding 
                stated tax rates.
            ``(3) Efforts To Be Self-Sustaining.--With respect to 
        subsection (a)(9), such policies and procedures shall take into 
        account, at a minimum, whether owners and operators of 
        airports, when entering into new or revised agreements or 
        otherwise establishing rates, charges, and fees, have 
        undertaken reasonable efforts to make their particular airports 
        as self-sustaining as possible under the circumstances existing 
        at such airports.
            ``(4) Administrative Safeguards.--Such policies and 
        procedures shall mandate internal controls, auditing 
        requirements, and increased levels of Department of 
        Transportation personnel sufficient to respond fully and 
        promptly to complaints received regarding possible violations 
        of subsections (a)(9) and (a)(12) and related grant assurances 
        and to alert the Secretary to such possible violations.''.
    (b) Judicial Enforcement.--If any airport sponsor violates section 
511(a)(12) of the Airport and Airway Improvement Act of 1982 (49 App. 
U.S.C. 2210(a)(12)) or any grant assurance thereunder, or violates 
section 536(d) of such Act, the Secretary may apply to the district 
court of the United States, for any district in which such airport 
sponsor carries on business or in which the violation occurred, for the 
enforcement of such section or assurance; and such court shall have 
jurisdiction to enforce obedience thereto by a writ of injunction or 
other process, mandatory or otherwise, restraining such airport sponsor 
from further violation of such section or assurance and requiring their 
obedience thereto.
    (c) Withholding Of Approval Of Applications For Grants Or Passenger 
Facility Charges.--Section 519 of the Airport and Airway Improvement 
Act of 1982 (49 App. U.S.C. 2218) is amended by adding at the end the 
following new subsection:
    ``(c) Action On Grant Assurances Concerning Airport Revenues.--If 
after notice and opportunity for a hearing the Secretary finds a 
violation of section 511(a)(12), as further defined by the Secretary 
under section 511(i), or a violation of an assurance under section 
511(a)(12), and the Secretary has provided an opportunity for the 
airport sponsor to take corrective action to cure such violation and 
such corrective action has not been taken within the period of time set 
by the Secretary, the Secretary shall withhold approval of any new 
grant application for funds under this Act, or any proposed 
modification to an existing grant that would increase the amount of 
funds made available under this Act to the airport sponsor, and 
withhold approval of any new application to impose a fee under section 
1113(e) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1513(e)). 
Such applications may thereafter be approved only upon a finding by the 
Secretary that such corrective action as the Secretary requires has 
been taken to address the violation and that the violation no longer 
exists.''.
    (d) Civil Penalties.--(1) Section 901(a)(1) of the Federal Aviation 
Act of 1958 (49 App. U.S.C. 1471(a)(1)) is amended--
            (A) by inserting ``or (C) section 511(a)(12) of the Airport 
        and Airway Improvement Act of 1982 (49 App. U.S.C. 2210(a)(12)) 
        or any assurance thereunder,'' immediately after ``under this 
        Act,'' in the first sentence; and
            (B) by inserting a semicolon and ``except that in the case 
        of a violation of section 511(a)(12) of the Airport and Airway 
        Improvement Act of 1982 (49 App. U.S.C. 2210(a)(12)), the 
        maximum civil penalty for a continuing violation shall not 
        exceed $50,000'' immediately before the period at the end of 
        the second sentence.
    (2) Section 901(a)(3)(A) of the Federal Aviation Act of 1958 (49 
App. U.S.C. 1471(a)(3)(A)) is amended by inserting ``, or a violation 
of section 511(a)(12) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2210(a)(12)), as further defined by the Secretary under 
section 511(i) of such Act, or a violation of an assurance under such 
section 511(a)(12)'' immediately before the period at the end.
    (3) Section 901(a)(3)(E) of the Federal Aviation Act of 1958 (49 
App. U.S.C. 1471(a)(3)(E)) is amended by adding at the end the 
following new clause:
                    ``(iv) Certain Violations Of Airport And Airway 
                Improvement Act of 1982.--In the case of a violation of 
                section 511(a)(12) of the Airport and Airway 
                Improvement Act of 1982 or an assurance thereunder--
                            ``(I) a civil penalty shall not be assessed 
                        against an individual;
                            ``(II) a civil penalty may be compromised 
                        as provided under paragraph (2) of this 
                        section; and
                            ``(III) judicial review of any order 
                        assessing a civil penalty may be obtained only 
                        pursuant to section 1006 of this Act.''.

SEC. 504. RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES CONCERNING AIRPORT 
              FEES.

    The Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2201 
et seq.), as amended by this Act, is further amended by adding at the 
end the following new section:

``SEC. 536. RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES CONCERNING 
              AIRPORT FEES.

    ``(a) Authority To Request Secretary's Determination.--
            ``(1) In General.--The Secretary shall issue a 
        determination as to whether a fee imposed upon one or more air 
        carriers by the owner or operator of an airport is reasonable, 
        if--
                    ``(A) a written request for such determination is 
                filed with the Secretary by such owner or operator; or
                    ``(B) a written complaint requesting such 
                determination is filed with the Secretary by an 
                affected air carrier within 60 days after such carrier 
                receives written notice of the establishment, or 
                increase, of such fee.
            ``(2) Calculation Of Fee.--A fee subject to a determination 
        of reasonableness under this section may be calculated pursuant 
        to either a compensatory or residual fee methodology or any 
        combination thereof.
            ``(3) Secretary Not To Set Fee.--In determining whether a 
        fee is reasonable under this section, the Secretary may only 
        determine whether the fee is reasonable or unreasonable and 
        shall not set the level of the fee.
    ``(b) Procedural Regulations.--The Secretary, not later than 90 
days after the date of enactment of this section, shall publish in the 
Federal Register final regulations, policy statements, or guidelines 
establishing--
            ``(1) the procedures for acting upon any written request or 
        complaint filed under subsection (a)(1); and
            ``(2) the standards or guidelines that shall be used by the 
        Secretary in determining under this subsection whether an 
        airport fee is reasonable.
    ``(c) Decisions By Secretary.--The final regulations, policy 
statements, or guidelines required in subsection (b) shall provide the 
following:
            ``(1) Not more than 120 days after an air carrier files 
        with the Secretary a written complaint relating to an airport 
        fee, the Secretary shall issue a final order determining 
        whether such fee is reasonable.
            ``(2) Within 30 days after such complaint is filed with the 
        Secretary, the Secretary shall dismiss the complaint if no 
        significant dispute exists or shall assign the matter to an 
        administrative law judge; and thereafter the matter shall be 
        handled in accordance with part 302 of title 14, Code of 
        Federal Regulations, and any specifically applicable provisions 
        of this section.
            ``(3) The administrative law judge shall issue a 
        recommended decision within 90 days after the complaint is 
        filed or within such shorter period as the Secretary may 
        specify.
            ``(4) If the Secretary, upon the expiration of 120 days 
        after the filing of the complaint, has not issued a final 
        order, the decision of the administrative law judge shall be 
        deemed to be the final order of the Secretary.
            ``(5) Any party to the dispute may seek review of a final 
        order of the Secretary under this subsection in the courts of 
        appeal of the United States.
            ``(6) Any findings of fact in a final order of the 
        Secretary under this subsection, if supported by substantial 
        evidence, shall be conclusive if challenged in a court pursuant 
        to this subsection. No objection to such a final order shall be 
        considered by the court unless objection was urged before an 
        administrative law judge or the Secretary at a proceeding under 
        this subsection or, if not so urged, unless there were 
        reasonable grounds for failure to do so.
    ``(d) Escrow; Guarantee Of Air Carrier Access.--
            ``(1) Escrow.--Any fee increase or newly established fee 
        (except for a fee paid as part of an agreement entered into 
        prior to June 9, 1994, under which such fee is paid under 
        protest), which is the subject of a complaint that is not 
        dismissed by the Secretary, shall be paid by the complainant 
        air carrier into an appropriate escrow account maintained for 
        such purpose, until final disposition of the matter by the 
        Secretary. The balance of the escrow account, including any 
        interest accumulated thereon, shall be disbursed in accordance 
        with directions in the final order of the Secretary.
            ``(2) Guarantee Of Air Carrier Access.--Contingent upon an 
        air carrier's compliance with the escrow requirements of 
        paragraph (1) and pending the issuance of a final order of the 
        Secretary determining the reasonableness of a fee that is the 
        subject of a complaint filed under subsection (a)(1)(B), an 
        owner or operator of an airport may not deny an air carrier 
        currently providing air service at the airport reasonable 
        access to airport facilities or service, or otherwise interfere 
        with an air carrier's rates, routes, or services, as a means of 
        enforcing the fee.
    ``(e) Applicability.--This section does not apply to--
            ``(1) a fee imposed pursuant to a written agreement with 
        air carriers using the facilities of an airport;
            ``(2) a fee imposed pursuant to a financing agreement or 
        covenant entered into prior to the date of enactment of this 
        section; or
            ``(3) any other existing fee not in dispute as of such date 
        of enactment.
    ``(f) Effect On Existing Agreements.--Nothing in this section shall 
adversely affect--
            ``(1) the rights of any party under any existing written 
        agreement between an air carrier and the owner or operator of 
        an airport; or
            ``(2) the ability of an airport to meet its obligations 
        under a financing agreement, or covenant, that is in force as 
        of the date of enactment of this section.
    ``(g) Definition.--In this section, the term `fee' means any rate, 
rental charge, landing fee, or other service charge for the use of 
airport facilities.''.

                 TITLE VI--COMMITTEE OVERSIGHT HEARINGS

SEC. 601. SCOPE OF THE HEARINGS.

    The Committee on Banking, Housing, and Urban Affairs (referred to 
as the ``committee'') shall--
            (1) conduct hearings into whether improper conduct occurred 
        regarding--
                    (A) communications between officials of the White 
                House and the Department of the Treasury or the 
                Resolution Trust Corporation relating to the Whitewater 
                Development Corporation and the Madison Guaranty 
                Savings and Loan Association;
                    (B) the Park Service Police investigation into the 
                death of White House Deputy Counsel Vincent Foster; and
                    (C) the way in which White House officials handled 
                documents in the office of White House Deputy Counsel 
                Vincent Foster at the time of his death; and
            (2)(A) make such findings of fact as are warranted and 
        appropriate;
            (B) make such recommendations, including recommendations 
        for new legislation and amendments to existing laws and any 
        administrative or other actions, as the committee may determine 
        to be necessary or desirable; and
            (C) fulfill the Constitutional oversight and informing 
        function of the Congress with respect to the matters described 
        in this section.
The hearings authorized by this title shall begin on a date determined 
by the Majority Leader, in consultation with the Minority Leader, but 
no later than the earlier of July 29, 1994, or within 30 days after the 
conclusion of the first phase of the independent counsel's 
investigation.

SEC. 602. MEMBERSHIP, ORGANIZATION, AND JURISDICTION OF THE COMMITTEE 
              FOR PURPOSES OF THE HEARINGS.

    (a)(1) For the sole purpose of conducting the hearings authorized 
by this title, the committee shall consist of--
            (A) the members of the Committee on Banking, Housing, and 
        Urban Affairs, who shall, in serving as members of the 
        committee, reflect the legislative and oversight interests of 
        other committees of the Senate with a jurisdictional interest 
        (if any) in the hearings authorized in paragraph (1) of section 
        601 as provided in subparagraph (B);
            (B)(i) Senator Kerry and Senator Bond from the Committee on 
        Small Business;
            (ii) Senator Riegle and Senator Roth from the Committee on 
        Finance; and
            (iii) Senator Shelby and Senator Domenici from the 
        Subcommittee on Public Lands, Parks, and Forests of the 
        Committee on Energy and Natural Resources;
            (iv) Senator Moseley-Braun from the Committee on the 
        Judiciary; and
            (v) Senator Sasser and Senator Roth from the Permanent 
        Subcommittee on Investigations; and
            (C) the ranking member of the Committee on the Judiciary 
        who shall serve for purposes of considering matters within the 
        jurisdiction of the Committee on the Judiciary, but shall not 
        serve as a voting member of the committee.
    (2) For the purpose of paragraph 4 of rule XXV of the Standing 
Rules of the Senate, service of the ranking member of the Committee on 
the Judiciary as a member of the committee shall not be taken into 
account.
    (b) The jurisdiction of the committee shall encompass the 
jurisdiction of the committees and subcommittees listed in subsection 
(a)(1)(B), to the extent, if any, pertinent to the hearings authorized 
by this title.
    (c) A majority of the members of the committee shall constitute a 
quorum for reporting a matter or recommendation to the Senate, except 
that the committee may fix a lesser number as a quorum for the purpose 
of taking testimony before the committee or for conducting the other 
business of the committee as provided in paragraph 7 of rule XXV of the 
Standing Rules of the Senate.

SEC. 603. ADDITIONAL STAFF FOR THE COMMITTEE.

    (a) The committee, through the chairman, may request and use, with 
the prior consent of the chairman of any committee or subcommittee 
listed in section 602(a)(1)(B), the services of members of the staff of 
such committee or subcommittee.
    (b) In addition to staff provided pursuant to subsection (a) and to 
assist the committee in its hearings, the chairman may appoint and fix 
the compensation of additional staff.

SEC. 604. PUBLIC ACTIVITIES OF THE COMMITTEE.

    (a) Consistent with the rights of persons subject to investigation 
and inquiry, the committee shall make every effort to fulfill the right 
of the public and the Congress to know the essential facts and 
implications of the activities of officials of the United States 
Government with respect to the matters covered by the hearings as 
described in section 601.
    (b) In furtherance of the public's and Congress' right to know, the 
committee--
            (1) shall hold, as the chairman (in consultation with the 
        ranking member) considers appropriate and in accordance with 
        paragraph 5(b) of rule XXVI of the Standing Rules of the 
        Senate, open hearings subject to consultation and coordination 
        with the independent counsel appointed pursuant to title 28, 
        parts 600 and 603, of the Code of Federal Regulations (referred 
        to as the ``independent counsel'');
            (2) may make interim reports to the Senate as it considers 
        appropriate; and
            (3) shall, in order to accomplish the purposes set forth in 
        subsection (a), make a final comprehensive public report to the 
        Senate of the findings of fact and any recommendations 
        specified in paragraph (2) of section 601.

SEC. 605. POWERS OF THE COMMITTEE.

    (a) The committee shall do everything necessary and appropriate 
under the laws and Constitution of the United States to conduct the 
hearings specified in section 601.
    (b) The committee is authorized to exercise all of the powers and 
responsibilities of a committee under rule XXVI of the Standing Rules 
of the Senate and section 705 of the Ethics in Government Act of 1978 
(2 U.S.C. 288d), including the following:
            (1) To issue subpoenas or orders for the attendance of 
        witnesses or for the production of documentary or physical 
        evidence before the committee. A subpoena may be authorized by 
        the committee or by the chairman with the agreement of the 
        ranking member and may be issued by the chairman or any other 
        member designated by the chairman, and may be served by any 
        person designated by the chairman or the authorized member 
        anywhere within or without the borders of the United States to 
        the full extent permitted by law. The chairman of the 
        committee, or any other member thereof, is authorized to 
        administer oaths to any witnesses appearing before the 
        committee.
            (2) Except that the committee shall have no power to 
        exercise the powers of a committee under section 6005 of title 
        18, United States Code for immunizing witnesses.
            (3) To procure the temporary or intermittent services of 
        individual consultants, or organizations thereof.
            (4) To use on a reimbursable basis, with the prior consent 
        of the Government department or agency concerned, the services 
        of personnel of such department or agency.
            (5) To report violations of any law to the appropriate 
        Federal, State, or local authorities.
            (6) To expend, to the extent the committee determines 
        necessary and appropriate, any money made available to such 
        committee by the Senate to conduct the hearings and to make the 
        reports authorized by this title.
            (7) To require by subpoena or order the attendance, as 
        witnesses, before the committee or at depositions, any person 
        who may have knowledge or information concerning matters 
        specified in section 601(1).
            (8) To take depositions under oath anywhere within the 
        United States, to issue orders by the chairman or his designee 
        which require witnesses to answer written interrogatories under 
        oath.
            (9) To issue commissions and to notice depositions for 
        staff members to examine witnesses and to receive evidence 
        under oath administered by an individual authorized by law to 
        administer oaths. The committee, acting through the chairman, 
        may delegate to designated staff members the power to authorize 
        and issue commissions and deposition notices.
    (c)(1) Subject to the provisions of paragraph (2), the committee 
shall be governed by the rules of the Committee on Banking, Housing, 
and Urban Affairs, except that the committee may modify its rules for 
purposes of the hearings conducted under this title. The committee 
shall cause any such amendments to be published in the Congressional 
Record.
    (2) The committee's rules shall be consistent with the Standing 
Rules of the Senate and this title.

SEC. 606. RELATION TO OTHER INVESTIGATIONS.

    In order to--
            (1) expedite the thorough conduct of the hearings 
        authorized by this title;
            (2) promote efficiency among all the various investigations 
        underway in all branches of the United States Government; and
            (3) engender a high degree of confidence on the part of the 
        public regarding the conduct of such hearing,
the committee is encouraged--
                    (A) to obtain relevant information concerning the 
                status of the independent counsel's investigation to 
                assist in establishing a hearing schedule for the 
                committee; and
                    (B) to coordinate, to the extent practicable, its 
                activities with the investigation of the independent 
                counsel.

SEC. 607. SALARIES AND EXPENSES.

    Senate Resolution 71 (103d Congress) is amended--
            (1) in section 2(a) by striking ``$56,428,119'' and 
        inserting ``$56,828,419''; and
            (2) in section 6(c) by striking ``$3,220,767'' and 
        inserting ``$3,620,767''.

SEC. 608. REPORTS; TERMINATION.

    (a) The committee shall make the final public report to the Senate 
required by section 604(b) not later than the end of the One Hundred 
Third Congress.
    (b) The final report of the committee may be accompanied by 
whatever confidential annexes are necessary to protect confidential 
information.
    (c) The authorities granted by this title shall terminate 30 days 
after submission of the committee's final report. All records, files, 
documents, and other materials in the possession, custody, or control 
of the committee shall remain under the control of the regularly 
constituted Committee on Banking, Housing, and Urban Affairs.

SEC. 609. COMMITTEE JURISDICTION AND RULE XXV.

    The jurisdiction of the committee is granted pursuant to this title 
notwithstanding the provisions of paragraph 1 of rule XXV of the 
Standing Rules of the Senate relating to the jurisdiction of the 
standing committees of the Senate.

SEC. 610. COMMITTEE FUNDING AND RULE XXVI.

    The supplemental authorization for the committee is granted 
pursuant to this title notwithstanding the provisions of paragraph 9 of 
rule XXVI of the Standing Rules of the Senate.

SEC. 611. ADDITIONAL HEARINGS.

    (a) In the fulfillment of the Senate's constitutional oversight 
role, additional hearings on the matters identified in the resolution 
passed by the Senate by a vote of 98-0 on March 17, 1994 should by 
authorized as appropriate under, and in accordance with, the provisions 
of that resolution.
    (b) Any additional hearings should be structured and sequenced in 
such a manner that in the judgement of the two leaders they would not 
interfere with the ongoing investigation of Special Counsel Robert B. 
Fiske, Jr.

SEC. 612. ADDITIONAL HEARINGS.

    (a) In the fulfillment of the Senate's constitutional oversight 
role, additional hearings on the matters identified in the resolution 
passed by the Senate by a vote of 98-0 on March 17, 1994 should by 
authorized as appropriate under, and in accordance with, the provisions 
of that resolution.
    (b) Any additional hearings should be structured and sequenced in 
such a manner that in the judgement of the two leaders they would not 
interfere with the ongoing investigation of Special Counsel Robert B. 
Fiske, Jr.

SEC. 613. ADDITIONAL HEARINGS.

    (a) In the fulfillment of the Senate's constitutional oversight 
role, additional hearings on the matters identified in the resolution 
passed by the Senate by a vote of 98-0 on March 17, 1994 should by 
authorized as appropriate under, and in accordance with, the provisions 
of that resolution.
    (b) Any additional hearings should be structured and sequenced in 
such a manner that in the judgement of the two leaders they would not 
interfere with the ongoing investigation of Special Counsel Robert B. 
Fiske, Jr.

SEC. 614. ADDITIONAL HEARINGS.

    (a) In the fulfillment of the Senate's constitutional oversight 
role, additional hearings on the matters identified in the resolution 
passed by the Senate by a vote of 98-0 on March 17, 1994 should by 
authorized as appropriate under, and in accordance with, the provisions 
of that resolution.
    (b) Any additional hearings should be structured and sequenced in 
such a manner that in the judgement of the two leaders they would not 
interfere with the ongoing investigation of Special Counsel Robert B. 
Fiske, Jr.

SEC. 615. HEARING DATE.

    Notwithstanding any other provision of this Act, for purposes of 
conducting such hearings and related activities of the Committee on 
Banking, Housing, and Urban Affairs required under this Act, such 
hearings shall begin on a date no later than July 29, 1994, or within 
30 days after the conclusion of the first phase of the independent 
counsel's investigation, whichever is the earlier.

SEC. 616. ADDITIONAL HEARINGS.

    (a) In the fulfillment of the Senate's constitutional oversight 
role, additional hearings on the matters identified in the resolution 
passed by the Senate by a vote of 98-0 on March 17, 1994 should by 
authorized as appropriate under, and in accordance with, the provisions 
of that resolution.
    (b) Any additional hearings should be structured and sequenced in 
such a manner that in the judgement of the two leaders they would not 
interfere with the ongoing investigation of Special Counsel Robert B. 
Fiske, Jr.

SEC. 617. ADDITIONAL HEARINGS.

    (a) In the fulfillment of the Senate's constitutional oversight 
role, additional hearings on the matters identified in the resolution 
passed by the Senate by a vote of 98-0 on March 17, 1994 should by 
authorized as appropriate under, and in accordance with, the provisions 
of that resolution.
    (b) Any additional hearings should be structured and sequenced in 
such a manner that in the judgement of the two leaders they would not 
interfere with the ongoing investigation of Special Counsel Robert B. 
Fiske, Jr.

SEC. 618. ADDITIONAL HEARINGS.

    (a) In the fulfillment of the Senate's constitutional oversight 
role, additional hearings on the matters identified in the resolution 
passed by the Senate by a vote of 98-0 on March 17, 1994 should by 
authorized as appropriate under, and in accordance with, the provisions 
of that resolution.
    (b) Any additional hearings should be structured and sequenced in 
such a manner that in the judgement of the two leaders they would not 
interfere with the ongoing investigation of Special Counsel Robert B. 
Fiske, Jr.

SEC. 619. ADDITIONAL HEARINGS.

    (a) In the fulfillment of the Senate's constitutional oversight 
role, additional hearings on the matters identified in the resolution 
passed by the Senate by a vote of 98-0 on March 17, 1994 should by 
authorized as appropriate under, and in accordance with, the provisions 
of that resolution.
    (b) Any additional hearings should be structured and sequenced in 
such a manner that in the judgement of the two leaders they would not 
interfere with the ongoing investigation of Special Counsel Robert B. 
Fiske, Jr.

            Attest:

                                                             Secretary.

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