II
Calendar No. 588
104TH CONGRESS
2D SESSION
H. R. 3539
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 12, 1996
Received; read twice and placed on the calendar
AN ACT
To amend title 49, United States Code, to reauthorize pro-
grams of the Federal Aviation Administration, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Aviation Authorization Act of 1996’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
TITLE I—REAUTHORIZATION OF FAA PROGRAMS
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. Operations of FAA.
TITLE II—AIRPORT DEVELOPMENT FINANCING
Sec. 201. Apportionments.
Sec. 202. Discretionary fund.
Sec. 203. Use of apportioned amounts.
Sec. 204. Designating current and former military airports.
Sec. 205. National Civil Aviation Review Commission.
Sec. 206. Innovative financing techniques.
TITLE III—AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
Sec. 301. Intermodal planning.
Sec. 302. Compliance with Federal mandates.
Sec. 303. Runway maintenance program.
Sec. 304. Access to airports by intercity buses.
Sec. 305. Cost reimbursement for projects commenced prior to grant award.
Sec. 306. Issuance of letters of intent.
Sec. 307. Selection of projects for grants from discretionary fund.
Sec. 308. Small airport fund.
Sec. 309. State block grant program.
Sec. 310. Private ownership of airports.
Sec. 311. Use of noise set-aside funds by non-airport sponsors.
TITLE IV—MISCELLANEOUS PROVISIONS
Sec. 401. Elimination of dual mandate.
Sec. 402. Purchase of housing units.
Sec. 403. Technical correction relating to State taxation.
Sec. 404. Use of passenger facility fees for debt financing project.
Sec. 405. Clarification of passenger facility revenues as constituting trust
funds.
Sec. 406. Protection of voluntarily submitted information.
Sec. 407. Supplemental type certificates.
Sec. 408. Restriction on use of revenues.
Sec. 409. Certification of small airports.
Sec. 410. Employment investigations of pilots.
Sec. 411. Child pilot safety.
Sec. 412. Discretionary authority for criminal history records checks.
Sec. 413. Imposition of fees.
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Sec. 414. Authority to close airport located near closed or realigned military
base.
Sec. 415. Construction of runways.
Sec. 416. Gadsden Air Depot, Alabama.
Sec. 417. Regulations affecting intrastate aviation in Alaska.
Sec. 418. Westchester County Airport, New York.
Sec. 419. Bedford Airport, Pennsylvania.
Sec. 420. Location of Doppler radar stations, New York.
Sec. 421. Worcester Municipal Airport, Massachusetts.
Sec. 422. Central Florida Airport, Sanford, Florida.
Sec. 423. Aircraft Noise Ombudsman.
Sec. 424. Special rule for privately owned reliever airports.
TITLE V—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURES
Sec. 501. Extension of Airport and Airway Trust Fund Expenditures.
TITLE VI—FEDERAL AVIATION ADMINISTRATION RESEARCH,
ENGINEERING, AND DEVELOPMENT
Sec. 601. Short title.
Sec. 602. Authorization of appropriations.
Sec. 603. Research priorities.
Sec. 604. Research advisory committee.
Sec. 605. National aviation research plan.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of title 49, United States
Code.
SEC. 3. APPLICABILITY.
(a) IN GENERAL.—Except as otherwise specifically
provided, this Act and the amendments made by this Act
shall apply only to fiscal years beginning after September
30, 1996.
(b) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this Act or any amendment made by this Act
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shall be construed as affecting funds made available for
a fiscal year ending before October 1, 1996.
TITLE I—REAUTHORIZATION OF
FAA PROGRAMS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
48103 is amended—
(1) by striking ‘‘September 30, 1981’’ and in-
serting ‘‘September 30, 1996’’; and
(2) by striking ‘‘$17,583,500,000’’ and all that
follows through the period at the end and inserting
the following: ‘‘$2,280,000,000 for fiscal years end-
ing before October 1, 1997, $4,627,000,000 for fis-
cal years ending before October 1, 1998, and
$7,039,000,000 for fiscal years ending before Octo-
ber 1, 1999.’’.
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c)
is amended by striking ‘‘1996’’ and inserting ‘‘1999’’.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
48101(a) is amended by striking paragraphs (1) through
(4) and inserting the following:
‘‘(1) $2,068,000,000 for fiscal year 1997.
‘‘(2) $2,129,000,000 for fiscal year 1998.
‘‘(3) $2,191,000,000 for fiscal year 1999.’’.
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(b) CLERICAL
AMENDMENTS.—Chapter 481 is
amended—
(1) by striking the heading for section 48101
and inserting the following:
‘‘§ 48101. Air navigation facilities and equipment’’; and
(2) in the table of sections by striking the item
relating to section 48101 and inserting the follow-
ing:
‘‘48101. Air navigation facilities and equipment.’’.
SEC. 103. OPERATIONS OF FAA.
(a) AUTHORIZATION
OF
APPROPRIATIONS
FROM
GENERAL FUND.—Section 106(k) is amended by striking
‘‘$4,088,000,000’’ and all that follows through the period
at the end and inserting the following: ‘‘$5,158,000,000
for fiscal year 1997, $5,344,000,000 for fiscal year 1998,
and $5,538,000,000 for fiscal year 1999.’’.
(b) AUTHORIZATION
OF
APPROPRIATIONS
FROM
TRUST FUND.—Section 48104(c) is amended—
(1) in the subsection heading by striking
‘‘1996’’ and inserting ‘‘1999’’; and
(2) by striking ‘‘1994, 1995, and 1996’’ and in-
serting ‘‘1994 through 1999’’.
(c) LIMITATION
ON OBLIGATING
OR EXPENDING
AMOUNTS.—Section 48108(c) is amended by striking
‘‘1996’’ and inserting ‘‘1999’’.
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(d) CLERICAL
AMENDMENTS.—Chapter 481 is
amended—
(1) by striking the heading for section 48104
and inserting the following:
‘‘§ 48104. Operations and maintenance’’; and
(2) in the table of sections for such chapter by
striking the item relating to section 48104 and in-
serting the following:
‘‘48104. Operations and maintenance.’’.
TITLE II—AIRPORT
DEVELOPMENT FINANCING
SEC. 201. APPORTIONMENTS.
(a) AMOUNTS APPORTIONED TO SPONSORS.—
(1) 
PRIMARY
AIRPORTS.—Section
47114(c)(1)(A) is amended—
(A) by striking ‘‘and’’ at the end of clause
(iii);
(B) in clause (iv) by striking ‘‘additional’’
and inserting ‘‘of the next 500,000’’;
(C) by striking the period at the end of
clause (iv) and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(v) $.50 for each additional passenger board-
ing at the airport during the prior calendar year.’’.
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(2) 
CARGO
ONLY
AIRPORTS.—Section
47114(c)(2) of such title is amended to read as fol-
lows:
‘‘(2) CARGO ONLY AIRPORTS.—
‘‘(A) APPORTIONMENT.—Subject to sub-
paragraph (D), the Secretary shall apportion an
amount equal to 2.5 percent of the amount sub-
ject to apportionment each fiscal year to the
sponsors of airports served by aircraft providing
air transportation of only cargo with a total an-
nual landed weight of more than 100,000,000
pounds.
‘‘(B) 
SUBALLOCATION
FORMULA.—Any
funds apportioned under subparagraph (A) to
sponsors of airports described in subparagraph
(A) shall be allocated among those airports in
the proportion that the total annual landed
weight of aircraft described in subparagraph
(A) landing at each of those airports bears to
the total annual landed weight of those aircraft
landing at all those airports.
‘‘(C) LIMITATION.—Not more than 8 per-
cent of the amount apportioned under subpara-
graph (A) may be apportioned for any one air-
port.
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‘‘(D) 
DISTRIBUTION
TO
OTHER
AIR-
PORTS.—Before apportioning amounts to the
sponsors of airports under subparagraph (A)
for a fiscal year, the Secretary may set-aside a
portion of such amounts for distribution to the
sponsors of other airports, selected by the Sec-
retary, that the Secretary finds will be served
primarily by aircraft providing air transpor-
tation of only cargo.
‘‘(E) 
DETERMINATION
OF
LANDED
WEIGHT.—Landed weight under this paragraph
is the landed weight of aircraft landing at each
airport described in subparagraph (A) during
the prior calendar year.’’.
(3) 
REPEAL
OF
LIMITATION.—Section
47114(c)(3) is repealed.
(b) AMOUNTS APPORTIONED TO STATES.—Section
47114(d)(2) of such title is amended—
(1) by striking ‘‘12’’ and inserting ‘‘18.5’’;
(2) in subparagraph (A) by striking ‘‘one’’ and
inserting ‘‘0.66’’;
(3) in each of subparagraphs (B) and (C) by
striking ‘‘49.5’’ and inserting ‘‘49.67’’; and
(4) in each of subparagraphs (B) and (C) by
striking ‘‘except’’ the second place it appears and all
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that follows through ‘‘title,’’ and inserting ‘‘exclud-
ing primary airports but including reliever and non-
primary commercial service airports,’’.
SEC. 202. DISCRETIONARY FUND.
Section 47115 is amended by striking the second sub-
section (f), relating to minimum amounts to be credited,
and inserting the following:
‘‘(g) MINIMUM AMOUNT TO BE CREDITED.—
‘‘(1) GENERAL RULE.—In a fiscal year, there
shall be credited to the fund, out of amounts made
available under section 48103 of this title, an
amount that is at least equal to the sum of—
‘‘(A) $50,000,000; plus
‘‘(B) the total amount required from the
fund to carry out in the fiscal year letters of in-
tent issued before January 1, 1996, under sec-
tion 47110(e) of this title or the Airport and
Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that
have been apportioned in a prior fiscal year under
section 47114 of this title and that remain available
for obligation.
‘‘(2) REDUCTION OF APPORTIONMENTS.—In a
fiscal year in which the amount credited under sub-
section (a) is less than the minimum amount to be
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credited under paragraph (1), the total amount cal-
culated under paragraph (3) shall be reduced by an
amount that, when credited to the fund, together
with the amount credited under subsection (a),
equals such minimum amount.
‘‘(3) AMOUNT
OF
REDUCTION.—For a fiscal
year, the total amount available to make a reduction
to carry out paragraph (2) is the total of the
amounts determined under sections 47114(c)(1)(A),
47114(c)(2), 47114(d), and 47117(e) of this title.
Each amount shall be reduced by an equal percent-
age to achieve the reduction.
‘‘(h) ALLOCATION OF AMOUNTS EXCEEDING LETTER
OF INTENT REQUIREMENTS.—Of the amount credited to
the fund for a fiscal year which exceeds the total amount
required from the fund to carry out in the fiscal year let-
ters of intent issued before January 1, 1996, under section
47110(e) of this title or the Airport and Airway Improve-
ment Act of 1982—
‘‘(1) not less that 15 percent shall be used for
system planning and for making grants to airports
that are not commercial service airports; and
‘‘(2) not less than 30 percent shall be used for
making grants to commercial service airports that
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each year have less than .25 percent of the total
passenger boardings in the United States.’’.
SEC. 203. USE OF APPORTIONED AMOUNTS.
(a) PERIOD OF AVAILABILITY.—Section 47117(b) is
amended by inserting before the period at the end of the
first sentence the following: ‘‘or the 3 fiscal years imme-
diately following that year in the case of a primary airport
that had less than .05 percent of the total boardings in
the United States in the preceding calendar year’’.
(b) SPECIAL APPORTIONMENT CATEGORIES.—Sec-
tion 47117(e)(1) is amended—
(1) by striking ‘‘made available under section
48103’’ and inserting ‘‘available to the discretionary
fund under section 47115’’;
(2) by striking subparagraphs (A), (C), and
(D);
(3) by redesignating subparagraphs (B) and
(E) as subparagraphs (A) and (B), respectively;
(4) in subparagraph (A), as so redesignated, by
striking ‘‘at least 12.5’’ and inserting ‘‘At least 31’’;
(5) by adding at the end of subparagraph (A),
as so redesignated, the following: ‘‘The Secretary
may count the amount of grants made for such plan-
ning and programs with funds apportioned under
section 47114 in that fiscal year in determining
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whether or not such 31 percent requirement is being
met in that fiscal year.’’;
(6) in subparagraph (B), as so redesignated, by
striking ‘‘at least 2.25’’ and all that follows through
‘‘1996,’’ and inserting ‘‘At least 4 percent for each
fiscal year thereafter’’; and
(7) by inserting before the period at the end of
subparagraph (B), as so redesignated, the following:
‘‘and to sponsors of noncommercial service airports
for grants for operational and maintenance expenses
at any such airport if the amount of such grants to
the sponsor of the airport does not exceed $30,000
in that fiscal year, if the Secretary determines that
the airport is adversely affected by the closure or re-
alignment of a military base, and if the sponsor of
the airport certifies that the airport would otherwise
close if the airport does not receive the grant’’.
SEC. 204. DESIGNATING CURRENT AND FORMER MILITARY
AIRPORTS.
(a) GENERAL REQUIREMENTS.—Section 47118(a) is
amended—
(1) by striking ‘‘not more than 15’’;
(2) by inserting after the first sentence the fol-
lowing: ‘‘The maximum number of airports which
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may be designated by the Secretary under this sec-
tion at any time is 10.’’; and
(3) by striking ‘‘reduce delays’’ and all that fol-
lows through ‘‘landings’’ and inserting the following:
‘‘enhance airport and air traffic control system ca-
pacity in major metropolitan areas and reduce cur-
rent or projected flight delays’’.
(b) SURVEY AND CONSIDERATIONS.—Section 47118
is amended—
(1) in subsections (a) and (d) by striking ‘‘sec-
tion 
47117(e)(1)(E)’’ 
and 
inserting 
‘‘section
47117(e)(1)(B)’’; and
(2) by striking subsections (b) and (c) and re-
designating subsections (d), (e), and (f) as sub-
sections (b), (c), and (d), respectively.
(c) PARKING LOTS, FUEL FARMS, UTILITIES, AND
HANGARS.—Subsection (d) of section 47118, as redesig-
nated by subsection (b) of this section, is amended—
(1) in the heading by striking ‘‘AND UTILITIES’’
and inserting ‘‘UTILITIES, AND HANGARS’’;
(2) by striking ‘‘for the fiscal years ending Sep-
tember 30, 1993–1996,’’ and inserting ‘‘for fiscal
years beginning after September 30, 1992,’’; and
(3) by striking ‘‘and utilities’’ and inserting
‘‘utilities, and hangars’’.
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SEC. 205. NATIONAL CIVIL AVIATION REVIEW COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the National Civil Aviation Review
Commission (hereinafter in this section referred to as the
‘‘Commission’’).
(b) FUNCTIONS.—In order to provide Federal policy-
makers with objective information and recommendations
concerning the future of civil aviation in the 21st century,
the Commission shall conduct a comprehensive review of
aviation safety oversight, airport capital needs, and the
long-term capital and operating funding requirements of
the Federal Aviation Administration. Matters to be stud-
ied by the Commission shall include, but not be limited
to, the following:
(1) A review of the overall condition of aviation
safety in the United States and emerging trends in
the safety of particular sectors of the aviation indus-
try. This review shall include a review of—
(A) the extent to which the dual mission of
the Administration to promote and regulate
civil aviation may undermine aviation safety;
(B) the adequacy of staffing and training
resources for safety personnel of the Adminis-
tration, including safety inspectors; and
(C) the Administration’s processes for en-
suring the public safety from fraudulent parts
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in civil aviation and the extent to which use of
suspected unapproved parts requires additional
oversight or enforcement action.
(2) A review of current and projected airport
capital development needs and an assessment of var-
ious financing mechanisms to meet these needs by
type and size of airport. This review shall include a
review of—
(A) alternate financing mechanisms for
airports, including the airport improvement pro-
gram, passenger facility charges, tax-exempt
bonds, State and local assistance, airport pri-
vatization, infrastructure banks, government-
sponsored enterprises, and leveraging of Fed-
eral airport financing that takes into consider-
ation the special needs of nonhub airports and
general aviation airports; and
(B) the effect of alternate funding levels of
the Federal Aviation Administration airport im-
provement program, ranging from elimination
of funding to full funding of airport develop-
ment requirements.
(3) A review of the Administration’s current
and projected financial requirements, alternate
methods of financing those requirements in the fu-
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ture, and recommendations on an overall long-range
financial plan for the Administration which would
provide for future growth in the Nation’s air traffic
system while improving the management and per-
formance of the system and providing for continued
safety improvements. Such financing methods in-
clude loan guarantees, financial partnerships with
for-profit private sector entities, multiyear appro-
priations, revolving loan funds, mandatory spending
authority, authority to borrow, restructured grant
programs, aviation taxes, and user fees.
(4) A review of the air transportation needs of
rural communities, an assessment of the ability of
various financing mechanisms to fund programs de-
signed to meet those needs, and an evaluation and
recommendation concerning innovative financing
mechanisms designed to meet those needs.
(c) MEMBERSHIP.—The Commission shall be com-
posed of 13 members, appointed from persons knowledge-
able about civil aviation in the United States and who are
specifically qualified by training and experience to perform
the duties of the Commission, as follows:
(1) 3 members appointed by the Secretary of
Transportation, in consultation with the Secretary of
the Treasury.
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(2) 10 members appointed by Congress as fol-
lows:
(A) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Transportation and Infrastruc-
ture of the House of Representatives.
(B) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Appropriations of the House of
Representatives.
(C) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Commerce, Science, and Trans-
portation of the Senate.
(D) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Appropriations of the Senate.
(E) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Ways and Means of the House of
Representatives.
(d) RESTRICTION ON APPOINTMENT OF CURRENT
AVIATION EMPLOYEES.—A member appointed under sub-
section (c)(1) may not be an employee of an airline, air-
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port, aviation union, or aviation trade association at the
time of appointment or while serving on the Commission.
(e) TIMING OF APPOINTMENTS.—The appointing au-
thorities shall make their appointments to the Commission
not later than 30 days after the date of the enactment
of this Act.
(f) CHAIRMAN.—In consultation with the Secretary
of Transportation, the Speaker of the House of Represent-
atives and the Majority Leader of the Senate shall des-
ignate a chairman and vice chairman from among the
members of the Commission not later than 30 days after
appointment of the last member to the Commission.
(g) PERIOD OF APPOINTMENT AND VACANCIES.—
Members shall be appointed for the life of the Commission,
and any vacancy on the Commission shall not affect its
powers but shall be filled in the same manner, and by the
same appointing authority, as the original appointment.
(h) QUORUM.—A majority of the members of the
Commission shall constitute a quorum to conduct busi-
ness, but the Commission may establish a lesser number
for conducting hearings scheduled by the Commission.
(i) POWERS OF THE COMMISSION.—
(1) HEARINGS.—The Commission may hold
such hearings, sit and act at such times and places,
administer such oaths, take such testimony, and re-
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ceive such evidence as the Commission considers ad-
visable to carry out its duties.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Commission may secure directly from any Fed-
eral department or agency such information or docu-
ments as the Commission considers necessary to
carry out its duties, unless the head of such depart-
ment or agency advises the chairman of the Com-
mission, in writing, that such information is con-
fidential and that its release to the Commission
would jeopardize aviation safety, the national secu-
rity, or pending criminal investigations.
(3) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Any Federal Government employee may be detailed
to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil
service status or privilege.
(4) TRAVEL
AND
PER
DIEM.—Members and
staff of the Commission shall be paid travel ex-
penses, including per diem in lieu of subsistence,
when away from his or her usual place of residence,
in accordance with section 5703 of title 5, United
States Code.
(j) INDEPENDENT AUDIT.—
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(1) CONTRACTS.—Immediately following the
designation of the chairman of the Commission, the
Commission shall contract with an entity independ-
ent of the Federal Aviation Administration and the
Department of Transportation to conduct a complete
audit of the financial requirements of the Adminis-
tration, considering anticipated air traffic forecasts,
other workload measures, and estimated productivity
gains which lead to budgetary requirements.
(2) DEADLINE.—The independent audit shall
be completed no later than 180 days after the date
of the contract award and shall be submitted to the
Commission.
(k) FINAL REPORT.—Not later than 1 year after the
date of the appointment of the last member to the Com-
mission under subsection (c), the Commission shall submit
to Congress and the Administrator a final report on the
findings of the Commission with corresponding rec-
ommendations. Included with this report shall be the inde-
pendent audit required under subsection (j).
(l) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated $2,400,000 for ac-
tivities of the Commission, including the independent
audit under subsection (j), to remain available until ex-
pended.
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(m) GAO ASSESSMENT.—Not later than 180 days
after the date of the enactment of this Act, the Comptrol-
ler General shall transmit to the Commission and Con-
gress an independent assessment of airport development
needs.
SEC. 206. INNOVATIVE FINANCING TECHNIQUES.
(a) IN GENERAL.—The Secretary of Transportation
is authorized to carry out a demonstration program under
which the Secretary may approve applications under sub-
chapter I of chapter 471 of title 49, United States Code,
for not more than 10 projects for which grants received
under such subchapter may be used to implement innova-
tive financing techniques.
(b) PURPOSE.—The purpose of the demonstration
program shall be to provide information on the use of in-
novative financing techniques for airport development
projects to the Congress and the National Civil Aviation
Review Commission established by section 205 of this Act.
(c) LIMITATION.—In no case shall the implementa-
tion of an innovative financing technique under the dem-
onstration program result in a direct or indirect guarantee
of any airport debt instrument by the Federal Govern-
ment.
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(d) 
INNOVATIVE
FINANCING
TECHNIQUE
DE-
FINED.—In this section, the term ‘‘innovative financing
technique’’ shall be limited to the following:
(1) Payment of interest.
(2) Commercial bond insurance and other credit
enhancement associated with airport bonds for eligi-
ble airport development.
(3) Flexible non-Federal matching require-
ments.
(e) EXPIRATION OF AUTHORITY.—The authority of
the Secretary to carry out the demonstration program
shall expire on September 30, 1999.
TITLE III—AIRPORT IMPROVE-
MENT PROGRAM MODIFICA-
TIONS
SEC. 301. INTERMODAL PLANNING.
(a) POLICIES.—Section 47101(g) is amended to read
as follows:
‘‘(g) INTERMODAL PLANNING.—To carry out the pol-
icy of subsection (a)(5) of this section, the Secretary of
Transportation shall take each of the following actions:
‘‘(1) COORDINATION IN DEVELOPMENT OF AIR-
PORT PLANS AND PROGRAMS.—Cooperate with State
and local officials in developing airport plans and
programs that are based on overall transportation
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needs. The airport plans and programs shall be de-
veloped in coordination with other transportation
planning and considering comprehensive long-range
land-use plans and overall social, economic, environ-
mental, system performance, and energy conserva-
tion objectives. The process of developing airport
plans and programs shall be continuing, cooperative,
and comprehensive to the degree appropriate to the
complexity of the transportation problems.
‘‘(2) GOALS FOR AIRPORT MASTER AND SYSTEM
PLANS.—Encourage airport sponsors and State and
local officials to develop airport master plans and
airport system plans that—
‘‘(A) foster effective coordination between
aviation planning and metropolitan planning;
‘‘(B) include an evaluation of aviation
needs within the context of multimodal plan-
ning; and
‘‘(C) are integrated with metropolitan
plans to ensure that airport development pro-
posals include adequate consideration of land
use and ground transportation access.
‘‘(3) REPRESENTATION
OF
AIRPORT
OPERA-
TORS ON MPO’S.—Encourage metropolitan planning
organizations, particularly in areas with populations
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greater than 200,000, to establish membership posi-
tions for airport operators.’’.
(b) REQUIREMENTS FOR PROJECT GRANT APPLICA-
TIONS.—Section 47106(a) is amended—
(1) by inserting ‘‘, including transportation and
land use plans’’ before the semicolon at the end of
paragraph (1);
(2) by striking ‘‘and’’ at the end of paragraph
(4);
(3) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(6) with respect to a project for the location
of an airport, the sponsor has—
‘‘(A) provided the metropolitan planning
organization authorized to conduct metropolitan
planning for the area in which the airport is to
be located with not less than 30 days (i) to re-
view the airport master plan or the airport lay-
out plan in which the project is described and
depicted, and (ii) to submit comments on such
plans to the sponsor; and
‘‘(B) included in the sponsor’s application
to the Secretary the sponsor’s written responses
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to any comments made by the metropolitan
planning organization.’’.
SEC. 302. COMPLIANCE WITH FEDERAL MANDATES.
(a) USE
OF AIP GRANTS.—Section 47102(3) is
amended—
(1) in subparagraph (E) by inserting ‘‘or under
section 40117’’ before the period at the end; and
(2) in subparagraph (F) by striking ‘‘paid for
by a grant under this subchapter and’’.
(b) USE OF PASSENGER FACILITY CHARGES.—Sec-
tion 40117(a)(3) is amended by striking subparagraph
(F).
SEC. 303. RUNWAY MAINTENANCE PROGRAM.
(a) AUTHORITY.—Section 47105 is amended by add-
ing at the end the following:
‘‘(g) RUNWAY MAINTENANCE PROGRAM.—The Sec-
retary may carry out a pilot program in each of fiscal
years 1997, 1998, and 1999 under which the Secretary
may approve applications under this subchapter for not
more than 10 projects in each of such fiscal years to pre-
serve and extend the useful life of runways and taxiways
at any airport for which an amount is apportioned under
section 47114(d).’’.
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(b) INCLUSION IN AIRPORT DEVELOPMENT ACTIVI-
TIES.—Section 47102(3) is amended by adding at the end
the following:
‘‘(H) preserving and extending the useful
life of runways and taxiways at a public-use air-
port under the pilot program authorized by sec-
tion 47105(g) of this title.’’.
SEC. 304. ACCESS TO AIRPORTS BY INTERCITY BUSES.
Section 47107(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(18);
(2) by striking the period at the end of para-
graph (19) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(20) the airport owner or operator will permit,
to the maximum extent practicable, intercity buses
to have access to the airport.’’.
SEC. 305. COST REIMBURSEMENT FOR PROJECTS COM-
MENCED PRIOR TO GRANT AWARD.
(a) 
COST
REIMBURSEMENT.—Section
47110(b)(2)(C) is amended to read as follows:
‘‘(C) if the Government’s share is paid only
with amounts apportioned under paragraphs (1) and
(2) of section 47114(c) of this title and if the cost
is incurred—
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‘‘(i) after September 30, 1996;
‘‘(ii) before a grant agreement is executed
for the project; and
‘‘(iii) in accordance with an airport layout
plan approved by the Secretary and with all
statutory and administrative requirements that
would have been applicable to the project if the
project had been carried out after the grant
agreement had been executed;’’.
(b) USE OF DISCRETIONARY FUNDS.—Section 47110
is amended by adding at the end the following:
‘‘(g) USE OF DISCRETIONARY FUNDS.—A project for
which cost reimbursement is provided under subsection
(b)(2)(C) shall not receive priority consideration with re-
spect to the use of discretionary funds made available
under section 47115 of this title even if the amounts made
available under paragraphs (1) and (2) of section
47114(c) are not sufficient to cover the Government’s
share of the cost of project.’’.
SEC. 306. ISSUANCE OF LETTERS OF INTENT.
Section 47110(e) is amended—
(1) by redesignating paragraph (6) as para-
graph (9); and
(2) by inserting after paragraph (5) the follow-
ing:
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‘‘(6) COST-BENEFIT REGULATIONS.—The Sec-
retary shall issue regulations to require a cost-bene-
fit analysis for any letter of intent to be issued
under paragraph (1) for a project at an airport that
each year has more than .25 percent of the total
passenger boardings in the United States. Until the
date on which such regulations take effect, the Sec-
retary may not issue a letter of intent under para-
graph (1) for any project that is not yet under con-
struction and that is to be carried out at an airport
described in the preceding sentence.
‘‘(7) FINANCING PLANS.—The Secretary shall
require airport sponsors to provide, as part of any
request for a letter of intent for a project under
paragraph (1), specific details on the proposed fi-
nancing plan for the project.
‘‘(8) CONSIDERATION.—The Secretary shall
consider the effect of a project on overall national
air transportation policy when reviewing requests for
letters of intent under paragraph (1).’’.
SEC. 307. SELECTION OF PROJECTS FOR GRANTS FROM
DISCRETIONARY FUND.
Section 47115(d) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
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(2) by striking the period at the end of para-
graph (3) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(4) the priority that the State gives to the
project;
‘‘(5) the projected growth in the number of pas-
sengers that will be using the airport at which the
project will be carried out; and
‘‘(6) any increase in the number of passenger
boardings in the preceding 12-month period at the
airport at which the project will be carried out, with
priority consideration to be given to projects at air-
ports at which the number of passenger boardings
increased by at least 20 percent as compared to the
number of passenger boardings in the 12-month pe-
riod preceding such period.’’.
SEC. 308. SMALL AIRPORT FUND.
Section 47116 is amended by adding at the end the
following:
‘‘(d) PRIORITY
CONSIDERATION
FOR
CERTAIN
PROJECTS.—In making grants to sponsors described in
subsection (b)(2), the Secretary shall give priority consid-
eration to multi-year projects for construction of new run-
ways that the Secretary finds are cost beneficial and would
increase capacity in a region of the United States.’’.
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SEC. 309. STATE BLOCK GRANT PROGRAM.
(a) PARTICIPATING
STATES.—Section 47128 is
amended—
(1) in subsection (a) by striking ‘‘7’’ and insert-
ing ‘‘10’’;
(2) in subsection (b)(1)—
(A) by striking ‘‘(1)’’; and
(B) by redesignating subparagraphs (A)
through (E) as paragraphs (1) through (5), re-
spectively; and
(3) by striking subsection (b)(2).
(b) USE
OF STATE PRIORITY SYSTEM.—Section
47128(c) is amended—
(1) by striking ‘‘(b)(1)(B) or (C)’’ and inserting
‘‘(b)(2) or (b)(3)’’; and
(2) by adding at the end the following: ‘‘In car-
rying out this subsection, the Secretary shall permit
a State to use the priority system of the State if
such system is not inconsistent with the national pri-
ority system.’’.
(c) REPEAL OF EXPIRATION DATE.—
(1) IN GENERAL.—Section 47128 is amended—
(A) by striking ‘‘pilot’’ in the section
heading;
(B) by striking ‘‘pilot’’ in subsection (a);
and
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(C) by striking subsection (d).
(2) CONFORMING AMENDMENT.—The table of
sections for chapter 471 is amended by striking the
item relating to section 47128 and inserting the fol-
lowing:
‘‘47128. State block grant program.’’.
SEC. 310. PRIVATE OWNERSHIP OF AIRPORTS.
(a) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—Subchapter I of chapter 471
is amended by adding at the end the following:
‘‘§ 47132. Private ownership of airports
‘‘(a) SUBMISSION OF APPLICATIONS.—If a sponsor
intends to sell an airport or lease an airport for a long
term to a person (other than a public agency), the sponsor
and purchaser or lessee may apply to the Secretary of
Transportation for exemptions under this section.
‘‘(b) APPROVAL OF APPLICATIONS.—The Secretary
may approve, with respect to not more than 6 airports,
applications submitted under subsection (a) granting ex-
emptions from the following provisions:
‘‘(1) USE OF REVENUES.—
‘‘(A) IN
GENERAL.—The Secretary may
grant an exemption to a sponsor from the pro-
visions of sections 44706(d) and 47107(b) of
this title (and any other law, regulation, or
grant assurance) to the extent necessary to per-
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mit the sponsor to recover from the sale or
lease of the airport such amount as may be ap-
proved—
‘‘(i) by at least 60 percent of the air
carriers serving the airport; and
‘‘(ii) by the air carrier or air carriers
whose aircraft landing at the airport dur-
ing the preceding calendar year had a total
landed weight during the preceding cal-
endar year of at least 60 percent of the
total landed weight of all aircraft landing
at the airport during such year.
‘‘(B) LANDED WEIGHT DEFINED.—In this
paragraph, the term ‘landed weight’ means the
weight of aircraft transporting passengers or
cargo, or both, in intrastate, interstate, and for-
eign air transportation, as the Secretary deter-
mines under regulations the Secretary pre-
scribes.
‘‘(2) REPAYMENT
REQUIREMENTS.—The Sec-
retary may grant an exemption to a sponsor from
the provisions of sections 47107 and 47152 of this
title (and any other law, regulation, or grant assur-
ance) to the extent necessary to waive any obligation
of the sponsor to repay to the Federal Government
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any grants, or to return to the Federal Government
any property, received by the airport under this title,
the Airport and Airway Improvement Act of 1982,
or any other law.
‘‘(3) COMPENSATION
FROM
AIRPORT
OPER-
ATIONS.—The Secretary may grant an exemption to
a purchaser or lessee from the provisions of sections
44706(d) and 47107(b) of this title (and any other
law, regulation, or grant assurance) to the extent
necessary to permit the purchaser or lessee to earn
compensation from the operations of the airport.
‘‘(c) TERMS AND CONDITIONS.—The Secretary may
approve an application under subsection (b) only if the
Secretary finds that the sale or lease agreement includes
provisions satisfactory to the Secretary to ensure the fol-
lowing:
‘‘(1) The airport will continue to be available
for public use on reasonable terms and conditions
and without unjust discrimination.
‘‘(2) The operation of the airport will not be in-
terrupted in the event that the purchaser or lessee
becomes insolvent or seeks or becomes subject to any
State or Federal bankruptcy, reorganization, insol-
vency, liquidation, or dissolution proceeding or any
petition or similar law seeking the dissolution or re-
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organization of the purchaser or lessee or the ap-
pointment of a receiver, trustee, custodian, or liq-
uidator for the purchaser or lessee or a substantial
part of the purchaser or lessee’s property, assets, or
business.
‘‘(3) The purchaser or lessee will maintain and
improve the facilities of the airport and will submit
to the Secretary a plan for carrying out such main-
tenance and improvements.
‘‘(4) Every fee of the airport imposed on an air
carrier on the day before the date of the sale or
lease of the airport will not increase faster than the
rate of inflation unless a higher amount is ap-
proved—
‘‘(A) by at least 60 percent of the air car-
riers serving the airport; and
‘‘(B) by the air carrier or air carriers
whose aircraft landing at the airport during the
preceding calendar year had a total landed
weight during the preceding calendar year of at
least 60 percent of the total landed weight of all
aircraft landing at the airport during such year.
‘‘(5) Safety and security at the airport will be
maintained at the highest possible levels.
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‘‘(6) The adverse effects of noise from oper-
ations at the airport will be mitigated to the same
extent as at a public airport.
‘‘(7) Any adverse effects on the environment
from airport operations will be mitigated to the same
extent as at a public airport.
‘‘(8) Any collective bargaining agreement that
covers employees of the airport and is in effect on
the date of the sale or lease of the airport will not
be abrogated by the sale or lease.
‘‘(d) PARTICIPATION OF CERTAIN AIRPORTS.—If the
Secretary approves under subsection (b) applications with
respect to 6 airports, at least one of the airports must
be an airport that is not a commercial service airport.
‘‘(e) PASSENGER FACILITY FEES; APPORTIONMENTS;
SERVICE CHARGES.—Notwithstanding that the sponsor of
an airport receiving an exemption under subsection (b) is
not a public agency, the sponsor shall not be prohibited
from—
‘‘(1) imposing a passenger facility fee under
section 40117 of this title;
‘‘(2) receiving apportionments under section
47114 of this title; or
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‘‘(3) collecting reasonable rental charges, land-
ing fees, and other service charges from aircraft op-
erators under section 40116(e)(2) of this title.
‘‘(f) EFFECTIVENESS OF EXEMPTIONS.—An exemp-
tion granted under subsection (b) shall continue in effect
only so long as the facilities sold or leased continue to be
used for airport purposes.
‘‘(g) REVOCATION OF EXEMPTIONS.—The Secretary
may revoke an exemption issued to a purchaser or lessee
of an airport under subsection (b)(3) if, after providing
the purchaser or lessee with notice and an opportunity to
be heard, the Secretary determines that the purchaser or
lessee has knowingly violated any of the terms specified
in subsection (c) for the sale or lease of the airport.
‘‘(h) NONAPPLICATION OF PROVISIONS TO AIRPORTS
OWNED BY PUBLIC AGENCIES.—The provisions of this
section requiring the approval of air carriers in determina-
tions concerning the use of revenues, and imposition of
fees, at an airport shall not be extended so as to apply
to any airport owned by a public agency that is not partici-
pating in the program established by this section.’’.
(2) CONFORMING AMENDMENT.—The table of
sections for such chapter is further amended by add-
ing at the end the following:
‘‘47132. Private ownership of airports.’’.
(b) TAXATION.—Section 40116(b) is amended—
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‘‘(1) AUTHORITY.—The Secretary may make a
grant under this subsection to a State or unit of
local government that is not the owner or operator
of the airport for preparation of an airport land use
compatibility plan or implementation of an airport
land use compatibility project.
‘‘(2) PLANNING AUTHORITY.—In order to be el-
igible to receive a grant under this subsection for
preparation of an airport land use compatibility
plan, the State or unit of local government must
have authority to plan and adopt land use control
measures, including zoning, in the planning area.
‘‘(3) COORDINATION
OF
PLANNING
ACTIVI-
TIES.—
‘‘(A) CONSISTENCY
WITH
OTHER
PLAN-
NING.—An airport land use compatibility plan
prepared by a State or unit of local government
under this subsection may not duplicate or be
inconsistent with an airport noise compatibility
program prepared by an airport operator under
this chapter or with other planning carried out
by the airport operator.
‘‘(B) CONSULTATION WITH AIRPORT OWN-
ERS AND OPERATORS.—A State or unit of local
government receiving a grant under this sub-
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section for preparation of an airport land use
compatibility plan shall consult with the owner
or operator of the airport for which the plan is
being prepared regarding any recommended air-
port land use compatibility measure identified
in the plan and any aviation data on which such
recommendation is made.
‘‘(4) APPROVAL OF AIRPORT OWNER OR OPERA-
TOR REQUIRED.—The Secretary may make a grant
to a State or unit of local government under this
subsection for preparation of an airport land use
compatibility plan or implementation of an airport
land use compatibility project only after receiving
the approval of the owner or operator of the airport
for which the plan or project is being prepared or
implemented. Such approval shall be based on
whether the plan or program, including the use of
any noise exposure contours on which the plan or
project is based, has been coordinated with the air-
port and is consistent with the airport’s operations
and planning.
‘‘(5) WRITTEN
ASSURANCES.—The Secretary
may make a grant to a State or unit of local govern-
ment under this subsection only after receiving from
the State or unit of local government such written
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assurances as the Secretary determines necessary to
achieve the purposes of this subsection.
‘‘(6) GUIDELINES.—The Secretary may estab-
lish guidelines in carrying out this subsection.
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) AIRPORT COMPATIBLE LAND USE.—
The term ‘airport compatible land use’ means
any land use that is usually compatible with—
‘‘(i) the noise levels associated with an
airport, as established under this chapter;
‘‘(ii) airport design standards issued
by the Administrator; and
‘‘(iii) regulations issued to carry out
section 44718 of this title.
‘‘(B) AIRPORT LAND USE COMPATIBILITY
PLAN.—The term ‘airport land use compatibil-
ity plan’ means the product of a process to de-
termine the extent, type, nature, location, and
timing of measures to improve the compatibility
of land use with the existing forecast level of
aviation activity at an airport.
‘‘(C) AIRPORT LAND USE COMPATIBILITY
PROJECT.—The term ‘airport land use compat-
ibility project’ means a project that is contained
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in an airport land use compatibility plan and
determined by the Administrator to enhance
airport compatible land use.’’.
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. ELIMINATION OF DUAL MANDATE.
(a) 
SAFETY
AS
HIGHEST
PRIORITY.—Section
40101(d) is amended—
(1) by redesignating paragraphs (1) through
(6) as paragraphs (2) through (7), respectively; and
(2) by inserting before paragraph (2), as so re-
designated, the following:
‘‘(1) assigning, maintaining, and enhancing
safety and security as the highest priorities in air
commerce.’’.
(b) ELIMINATION OF PROMOTION.—
(1) POLICY.—Section 40101(d) is further
amended—
(A) in paragraph (2), as redesignated by
subsection (a)(1) of this section, by striking ‘‘its
development and’’; and
(B) in paragraph (3), as so redesignated—
(i) by striking ‘‘promoting, encourag-
ing,’’ and inserting ‘‘encouraging’’; and
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(ii) by inserting before the period at
the end ‘‘, including new aviation tech-
nology’’.
(2) 
DEVELOPMENT.—Section 
40104(a) 
is
amended by striking ‘‘and air commerce’’.
(3) CONFORMING AMENDMENTS.—Chapter 401
is amended—
(A) in the heading to section 40104 by
striking ‘‘and air commerce’’;
(B) in the subsection heading to section
40104(a) by striking ‘‘AND AIR COMMERCE’’;
and
(C) in the item relating to section 40104
in the table of sections at the beginning of the
chapter by striking ‘‘and air commerce’’.
SEC. 402. PURCHASE OF HOUSING UNITS.
Section 40110 is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) PURCHASE OF HOUSING UNITS.—
‘‘(1) AUTHORITY.—In carrying out this part,
the Administrator may purchase a housing unit (in-
cluding a condominium or a housing unit in a build-
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ing owned by a cooperative) that is located outside
the contiguous United States if the cost of the unit
is $200,000 or less.
‘‘(2) 
CONTINUING
OBLIGATIONS.—Notwith-
standing section 1341 of title 31, the Administrator
may purchase a housing unit under paragraph (1)
even if there is an obligation thereafter to pay nec-
essary and reasonable fees duly assessed upon such
unit, including fees related to operation, mainte-
nance, taxes, and insurance.
‘‘(3) CERTIFICATION TO CONGRESS.—The Ad-
ministrator may purchase a housing unit under
paragraph (1) only if, at least 30 days before com-
pleting the purchase, the Administrator transmits to
the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the
Senate a report containing—
‘‘(A) a description of the housing unit and
its price;
‘‘(B) a certification that the price does not
exceed the median price of housing units in the
area; and
‘‘(C) a certification that purchasing the
housing unit is the most cost-beneficial means
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of providing necessary accommodations in car-
rying out this part.
‘‘(4) PAYMENT OF FEES.—The Administrator
may pay, when due, fees resulting from the purchase
of a housing unit under this subsection from any
amounts made available to the Administrator.’’.
SEC. 403. TECHNICAL CORRECTION RELATING TO STATE
TAXATION.
Section 40116(b) is amended by striking ‘‘subsection
(c) of this section and’’.
SEC. 404. USE OF PASSENGER FACILITY FEES FOR DEBT FI-
NANCING PROJECT.
Section 40117(a)(3) is amended by adding at the end
the following:
‘‘(G) for debt financing of a terminal de-
velopment project at a commercial service air-
port that each year has .05 percent or less of
the total passenger boardings in the United
States if construction began on the project after
November 5, 1988, and before November 5,
1990, and the eligible agency certifies that no
other eligible airport-related projects affecting
safety, security, or capacity will be deferred by
the debt financing project.’’.
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SEC. 405. CLARIFICATION OF PASSENGER FACILITY REVE-
NUES AS CONSTITUTING TRUST FUNDS.
Section 40117(g) is amended by adding at the end
the following:
‘‘(4) Passenger facility revenues that are held by an
air carrier or an agent of the carrier after collection of
a passenger facility fee constitute a trust fund that is held
by the air carrier or agent for the beneficial interest of
the eligible agency imposing the fee. Such carrier or agent
holds neither legal nor equitable interest in the passenger
facility revenues except for any handling fee or retention
of interest collected on unremitted proceeds as may be al-
lowed by the Secretary.’’.
SEC. 406. PROTECTION OF VOLUNTARILY SUBMITTED IN-
FORMATION.
(a) IN GENERAL.—Chapter 401 is amended by redes-
ignating section 40120 as section 40121 and by inserting
after section 40119 the following:
‘‘§ 40120. Protection of voluntarily submitted infor-
mation
‘‘(a) GENERAL RULE.—Notwithstanding any other
provision of law, neither the Administrator of the Federal
Aviation Administration, nor any agency receiving infor-
mation from the Administrator, may disclose voluntarily
provided safety or security related information if the Ad-
ministrator finds that—
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‘‘(1) the disclosure of the information would in-
hibit the voluntary provision of that type of informa-
tion;
‘‘(2) the receipt of that type of information
would aid in fulfilling the Administrator’s safety and
security responsibilities; and
‘‘(3) the withholding of the information would
not be inconsistent with the Administrator’s safety
and security responsibilities.
‘‘(b) REGULATIONS.—The Administrator shall issue
regulations to carry out this section.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 401 is amended by striking the item re-
lating to section 40120 and inserting the following:
‘‘40120. Protection of voluntarily submitted information.
‘‘40121. Relationship to other laws.’’.
SEC. 407. SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704 is amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) SUPPLEMENTAL TYPE CERTIFICATES.—
‘‘(1) ISSUANCE.—The Administrator may issue
a type certificate designated as a supplemental type
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certificate for a change to an aircraft, aircraft en-
gine, propeller, or appliance.
‘‘(2) CONTENTS.—A supplemental type certifi-
cate issued under paragraph (1) shall consist of the
change to the aircraft, aircraft engine, propeller, or
appliance with respect to the previously issued type
certificate for the aircraft, aircraft engine, propeller,
or appliance.
‘‘(3) REQUIREMENT.—If the holder of a supple-
mental type certificate agrees to permit another per-
son to use the certificate to modify an aircraft, air-
craft engine, propeller, or appliance, the holder shall
provide the other person with written evidence, in a
form acceptable to the Administrator, of that agree-
ment. A person may change an aircraft, aircraft en-
gine, propeller, or appliance based on a supplemental
type certificate only if the person requesting the
change is the holder of the supplemental type certifi-
cate or has permission from the holder to make the
change.’’.
SEC. 408. RESTRICTION ON USE OF REVENUES.
(a) IN GENERAL.—Section 44706 is amended by
adding at the end the following:
‘‘(d) USE OF REVENUES.—
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‘‘(1) PROHIBITION.—A person holding an air-
port operating certificate under this section may not
expend local taxes on aviation fuel (except taxes in
effect on December 30, 1987) or the revenues gen-
erated by the airport for any purpose other than the
capital or operating costs of—
‘‘(A) the airport;
‘‘(B) the local airport system; or
‘‘(C) other local facilities owned or oper-
ated by the person and directly and substan-
tially related to the air transportation of pas-
sengers or property.
‘‘(2) EXCEPTIONS.—Paragraph (1) does not
apply—
‘‘(A) if a provision enacted not later than
September 2, 1982, in a law controlling financ-
ing by the owner or operator, or a covenant or
assurance in a debt obligation issued not later
than September 2, 1982, by the owner or oper-
ator, provides that the revenues, including local
taxes on aviation fuel at public airports, from
any of the facilities of the owner or operator,
including the airport, be used to support not
only the airport but also the general debt obli-
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gations or other facilities of the owner or opera-
tor; or
‘‘(B) if the airport operating certificate is
for a heliport.
‘‘(3) AUTHORITY TO ISSUE WAIVERS TO AIR-
PORTS
NOT
RECEIVING
GRANT
ASSISTANCE.—The
Administrator may waive the application of para-
graph (1) with respect to any airport that has not
received grant assistance under chapter 471 of this
title or the Airport and Airway Improvement Act of
1982 in the 10-year period ending on the date of the
enactment of this subsection.
‘‘(4) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—This subsection does not prevent the use of
a State tax on aviation fuel to support a State avia-
tion program or the use of airport revenue on or off
the airport for a noise mitigation purpose.’’.
(b) PENALTIES.—Section 46301(a)(5) is amended to
read as follows:
‘‘(5) PENALTY
FOR
DIVERSION
OF
AVIATION
REVENUES.—The amount of a civil penalty assessed
under this section for a violation of section 47107(b)
of this title (or any assurance made under such sec-
tion) or section 44706(d) of this title may be in-
creased above the otherwise applicable maximum
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amount under this section to an amount not to ex-
ceed 3 times the amount of revenues that are used
in violation of such section.’’.
SEC. 409. CERTIFICATION OF SMALL AIRPORTS.
(a) IN GENERAL.—Section 44706(a) is amended—
(1) by redesignating paragraph (2) as para-
graph (3);
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2) that is not located in the State of Alaska
and serves any scheduled passenger operation of an
air carrier operating aircraft designed for more than
9 passenger seats but less than 31 passenger seats;
and’’;
(3) by striking ‘‘and’’ at the end of paragraph
(3), as redesignated by paragraph (1) of this sub-
section;
(4) by striking ‘‘(3) when’’ and inserting ‘‘if’’;
and
(5) by moving the matter following paragraph
(3), as redesignated by paragraph (1) of this sub-
section, to the left flush full measure.
(b) COMMUTER AIRPORTS.—Section 44706 is amend-
ed by adding at the end the following:
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‘‘(e) COMMUTER AIRPORTS.—In developing the terms
required by subsection (b) for airports covered by sub-
section (a)(2), the Administrator shall identify and con-
sider a reasonable number of regulatory alternatives and
select from such alternatives the least costly, most cost-
effective or the least burdensome alternative that will pro-
vide comparable safety at airports described in subsections
(a)(1) and (a)(2).’’.
(c) EFFECTIVE DATE.—Section 44706 is further
amended by adding at the end the following:
‘‘(f) EFFECTIVE DATE.—Any regulation establishing
the terms required by subsection (b) for airports covered
by subsection (a)(2) shall not take effect until such regula-
tion, and a report on the economic impact of the regula-
tion on air service to the airports covered by the rule, has
been submitted to Congress and 120 days have elapsed
following the date of such submission.’’.
(d) LIMITATION ON STATUTORY CONSTRUCTION.—
Section 44706 is further amended by adding at the end
the following:
‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this title may be construed as requiring a per-
son to obtain an airport operating certificate if such per-
son does not desire to operate an airport described in sub-
section (a).’’.
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SEC. 410. EMPLOYMENT INVESTIGATIONS OF PILOTS.
(a) EMPLOYMENT INVESTIGATIONS.—
(1) IN GENERAL.—Chapter 447 is amended by
adding at the end the following:
‘‘§ 44724. Preemployment review of prospective pilot
records
‘‘(a) PILOT RECORDS.—
‘‘(1) IN GENERAL.—Before allowing an individ-
ual to begin service as a pilot, an air carrier shall
request and receive the following information:
‘‘(A) FAA RECORDS.—From the Adminis-
trator of the Federal Aviation Administration,
information pertaining to the individual that is
maintained by the Administrator concerning—
‘‘(i) current airman certificates (in-
cluding airman medical certificates) and
associated type ratings, including any limi-
tations thereon; and
‘‘(ii) summaries of legal enforcement
actions which have resulted in a finding by
the Administrator of a violation of this
title or a regulation prescribed or order is-
sued under this title and which have not
been subsequently overturned.
‘‘(B) AIR CARRIER RECORDS.—From any
air carrier (or the trustee in bankruptcy for the
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air carrier) that has employed the individual at
any time during the 5-year period preceding the
date of the employment application of the indi-
vidual—
‘‘(i) records pertaining to the individ-
ual that are maintained by an air carrier
(other than records relating to flight time,
duty time, or rest time) under regulations
set forth in—
‘‘(I) section 121.683 of title 14,
Code of Federal Regulations;
‘‘(II) paragraph (A) of section
VI, appendix I, part 121 of such title;
‘‘(III) paragraph (A) of section
IV, appendix J, part 121 of such title;
‘‘(IV) section 125.401 of such
title; and
‘‘(V) section 135.63(a)(4) of such
title; and
‘‘(ii) other records pertaining to the
individual that are maintained by the air
carrier concerning—
‘‘(I) the training, qualifications,
proficiency, 
or 
professional 
com-
petence of the individual, including
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comments and evaluations made by a
check airman designated in accord-
ance with section 121.411, 125.295,
or 135.337 of such title;
‘‘(II) any disciplinary action re-
lating to the training, qualifications,
proficiency, 
or 
professional 
com-
petence of the individual which was
taken by the air carrier with respect
to the individual and which was not
subsequently overturned by the air
carrier; and
‘‘(III) any release from employ-
ment or resignation, termination (if
related to the individual’s training,
professional qualification, proficiency,
or professional competence), or dis-
qualification with respect to employ-
ment.
‘‘(C) 
NATIONAL
DRIVER
REGISTER
RECORDS.—From the chief driver licensing offi-
cial of a State, information concerning the
motor vehicle driving record of the individual in
accordance with section 30305(b)(7) of this
title.
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‘‘(2) 5-YEAR REPORTING PERIOD.—A person is
not required to furnish a record in response to a re-
quest made under paragraph (1) if the record was
entered more than 5 years before the date of the re-
quest, unless the information is about a revocation
or suspension of an airman certificate or motor vehi-
cle license that is still in effect on the date of the
request.
‘‘(3) REQUIREMENT TO MAINTAIN RECORDS.—
The Administrator and each air carrier (or the
trustee in bankruptcy for the air carrier) shall main-
tain pilot records described in paragraph (1) for a
period of at least 5 years.
‘‘(4) WRITTEN CONSENT FOR RELEASE.—Nei-
ther the Administrator nor any air carrier may fur-
nish a record in response to a request made under
paragraph (1) (A) or (B) without first obtaining the
written consent of the individual whose records are
being requested.
‘‘(5) DEADLINE FOR PROVISION OF INFORMA-
TION.—A person who receives a request for records
under paragraph (1) shall furnish, on or before the
30th day following the date of receipt of the request
(or on or before the 30th day following the date of
obtaining the written consent of the individual in the
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case of a request under paragraph (1) (A) or (B)),
all of the records maintained by the person that
have been requested.
‘‘(6) RIGHT TO RECEIVE NOTICE AND COPY OF
ANY RECORD FURNISHED.—A person who receives a
request for records under paragraph (1) shall pro-
vide to the individual whose records have been re-
quested—
‘‘(A) on or before the 20th day following
the date of receipt of the request, written notice
of the request and of the individual’s right to
receive a copy of such records; and
‘‘(B) in accordance with paragraph (9), a
copy of such records, if requested by the indi-
vidual.
‘‘(7) REASONABLE CHARGES FOR PROCESSING
REQUESTS AND FURNISHING COPIES.—A person who
receives a request for records under paragraph (1)
or (9) may establish a reasonable charge for the cost
of processing the request and furnishing copies of
the requested records.
‘‘(8) RIGHT TO CORRECT INACCURACIES.—An
air carrier that receives the records of an individual
under paragraph (1)(B) shall provide the individual
with a reasonable opportunity to submit written
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comments to correct any inaccuracies contained in
the records before making a final hiring decision
with respect to the individual.
‘‘(9) RIGHT
OF
PILOT
TO
REVIEW
CERTAIN
RECORDS.—Notwithstanding any other provision of
a law or agreement, an air carrier shall, upon writ-
ten request from a pilot employed by such carrier,
make available, within a reasonable time of the re-
quest, to the pilot for review any and all employment
records referred to in paragraph (1)(B) pertaining
to the pilot’s employment.
‘‘(10) PRIVACY PROTECTIONS.—
‘‘(A) USE OF RECORDS.—An air carrier or
employee of an air carrier that receives the
records of an individual under paragraph (1)
may use such records only to assess the quali-
fications of the individual in deciding whether
or not to hire the individual as a pilot.
‘‘(B) REQUIRED
ACTIONS.—Subject to
subsection (c), the air carrier or employee of an
air carrier shall take such actions as may be
necessary to protect the privacy of the pilot and
the confidentiality of the records, including en-
suring that the information contained in the
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records is not divulged to any individual that is
not directly involved in the hiring decision.
‘‘(C) INDIVIDUALS NOT HIRED.—If the in-
dividual is not hired, the air carrier shall de-
stroy or return the records of the individual re-
ceived under paragraph (1); except that the air
carrier may retain any records needed to defend
its decisions not to hire the individual.
‘‘(11) STANDARD FORMS.—The Administrator
may promulgate—
‘‘(A) standard forms which may be used by
an air carrier to request the records of an indi-
vidual under paragraph (1); and
‘‘(B) standard forms which may be used by
a person who receives a request for records
under paragraph (1) to obtain the written con-
sent of the individual and to inform the individ-
ual of the request and of the individual’s right
to receive a copy of any records furnished in re-
sponse to the request.
‘‘(12) REGULATIONS.—The Administrator may
prescribe such regulations as may be necessary—
‘‘(A) to protect the personal privacy of any
individual whose records are requested under
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paragraph (1) and to protect the confidentiality
of those records;
‘‘(B) to preclude the further dissemination
of records received under paragraph (1) by the
air carrier who requested them; and
‘‘(C) to ensure prompt compliance with
any request under paragraph (1).
‘‘(b) LIMITATION ON LIABILITY; PREEMPTION OF
STATE AND LOCAL LAW.—
‘‘(1) LIMITATION ON LIABILITY.—No action or
proceeding may be brought by or on behalf of an in-
dividual who is seeking a position with an air carrier
as a pilot against—
‘‘(A) the air carrier for requesting the indi-
vidual’s records under subsection (a)(1);
‘‘(B) a person who has complied with such
request and in the case of a request under sub-
section (a)(1) (A) or (B) has obtained the writ-
ten consent of the individual;
‘‘(C) a person who has entered information
contained in the individual’s records; or
‘‘(D) an agent or employee of a person de-
scribed in subparagraph (A) or (B);
in the nature of an action for defamation, invasion
of privacy, negligence, interference with contract, or
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otherwise, or under any Federal, State, or local law
with respect to the furnishing or use of such records
in accordance with subsection (a).
‘‘(2) PREEMPTION.—No State or political sub-
division thereof may enact, prescribe, issue, continue
in effect, or enforce any law, regulation, standard, or
other provision having the force and effect of law
that prohibits, penalizes, or imposes liability for fur-
nishing or using records in accordance with sub-
section (a).
‘‘(3) PROVISION OF KNOWINGLY FALSE INFOR-
MATION.—Paragraphs (1) and (2) shall not apply
with respect to a person that furnishes in response
to a request made under subsection (a)(1) informa-
tion that the person knows is false.
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as precluding
the availability of the records of a pilot in an investigation
or other proceeding concerning an accident or incident
conducted by the Secretary, the National Transportation
Safety Board, or a court.’’.
(2) CHAPTER
ANALYSIS
AMENDMENT.—The
analysis for chapter 447 is amended by adding at
the end the following:
‘‘44724. Preemployment review of prospective pilot records.’’.
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(3) 
CONFORMING
AMENDMENT.—Section
30305(b) is amended by redesignating paragraph (7)
as paragraph (8) and by inserting after paragraph
(6) the following:
‘‘(7) An individual who is employed or seeking em-
ployment by an air carrier as a pilot may request the chief
driver licensing official of a State to provide information
about the individual under subsection (a) of this section
to the individual’s prospective employer or to the Secretary
of Transportation. Information may not be obtained from
the Register under this paragraph if the information was
entered in the Register more than 5 years before the re-
quest, unless the information is about a revocation or sus-
pension still in effect on the date of the request.’’.
(4) 
CIVIL
PENALTIES.—Section 
46301 
is
amended by inserting ‘‘44724,’’ after ‘‘44716,’’ in
each of subsections (a)(1)(A), (a)(2)(A), (d)(2), and
(f)(1)(A)(i).
(5) APPLICABILITY.—The amendments made
by this subsection shall apply to an air carrier hiring
an individual as a pilot if the application of the indi-
vidual for employment as a pilot is initially received
by the air carrier on or after the 120th day after the
date of the enactment of this Act.
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(b) RULEMAKING TO ESTABLISH MINIMUM STAND-
ARDS FOR PILOT QUALIFICATIONS.—Not later than 18
months after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administration
shall issue a notice of a proposed rulemaking to estab-
lish—
(1) minimum standards and criteria for
preemployment screening tests measuring the bio-
graphical factors (psychomotor coordination), gen-
eral intellectual capacity, instrument and mechanical
comprehension, and physical fitness of an applicant
for employment as a pilot by an air carrier; and
(2) minimum standards and criteria for pilot
training facilities which will be licensed by the Ad-
ministrator and which will assure that pilots trained
at such facilities meet the preemployment screening
standards and criteria described in paragraph (1).
(c) SHARING ARMED SERVICES RECORDS.—
(1) STUDY.—The Administrator, in conjunction
with the Secretary of Defense, shall conduct a study
to determine the relevance and appropriateness of
requiring the Secretary of Defense to provide to an
air carrier, upon request in connection with the hir-
ing of an individual as a pilot, records of the individ-
ual concerning the individual’s training, qualifica-
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tions, proficiency, professional competence, or terms
of discharge from the Armed Forces.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Administrator
shall transmit to Congress a report on the results of
the study.
(d) MINIMUM FLIGHT TIME.—
(1) STUDY.—The Administrator shall conduct a
study to determine whether current minimum flight
time requirements applicable to individuals seeking
employment as a pilot with an air carrier are suffi-
cient to ensure public safety.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Administrator
shall transmit to Congress a report on the results of
the study.
SEC. 411. CHILD PILOT SAFETY.
(a) MANIPULATION OF FLIGHT CONTROLS.—
(1) IN GENERAL.—Chapter 447 is amended by
adding at the end the following:
‘‘§ 44725. Manipulation of flight controls
‘‘(a) PROHIBITION.—No pilot in command of an air-
craft may allow an individual who does not hold—
‘‘(1) a valid private pilots certificate issued by
the Administrator of the Federal Aviation Adminis-
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tration under part 61 of title 14, Code of Federal
Regulations; and
‘‘(2) the appropriate medical certificate issued
by the Administrator under part 67 of such title,
to manipulate the controls of an aircraft if the pilot knows
or should have known that the individual is attempting
to set a record or engage in an aeronautical competition
or aeronautical feat, as defined by the Administrator.
‘‘(b) REVOCATION OF AIRMEN CERTIFICATES.—The
Administrator shall issue an order revoking a certificate
issued to an airman under section 44703 of this title if
the Administrator finds that while acting as a pilot in
command of an aircraft, the airman has permitted another
individual to manipulate the controls of the aircraft in vio-
lation of subsection (a).
‘‘(c) PILOT IN COMMAND DEFINED.—In this section,
the term ‘pilot in command’ has the meaning given such
term by section 1.1 of title 14, Code of Federal Regula-
tions.’’.
(2) CONFORMING AMENDMENT.—The table of
sections at the beginning of such chapter is amended
by adding at the end the following:
‘‘44725. Manipulation of flight controls.’’.
(b) CHILDREN FLYING AIRCRAFT.—
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(1) STUDY.—The Administrator of the Federal
Aviation Administration shall conduct a study of the
impacts of children flying aircraft.
(2) 
CONSIDERATIONS.—In 
conducting 
the
study, the Administrator shall consider the effects of
imposing any restrictions on children flying aircraft
on safety and on the future of general aviation in
the United States.
(3) REPORT.—Not later than 6 months after
the date of the enactment of this Act, the Adminis-
trator shall issue a report containing the results of
the study, together with recommendations on—
(A) whether the restrictions established by
the amendment made by subsection (a)(1)
should be modified or repealed; and
(B) whether certain individuals or groups
should be exempt from any age, altitude, or
other restrictions that the Administrator may
impose by regulation.
(4) REGULATIONS.—As a result of the findings
of the study, the Administrator may issue regula-
tions imposing age, altitude, or other restrictions on
children flying aircraft.
HR 3539 PCS
SEC. 412. DISCRETIONARY AUTHORITY FOR CRIMINAL HIS-
TORY RECORDS CHECKS.
(a) IN GENERAL.—Section 44936(a)(1) is amend-
ed—
(1) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(2) by striking ‘‘(1) The Administrator’’ and in-
serting the following:
‘‘(1) EMPLOYEES.—
‘‘(A) PERSONS WITH ACCESS TO AIRCRAFT
AND OTHER SECURED AREAS.—The Adminis-
trator’’;
(3) by moving the remainder of the text of sub-
paragraph (A) (as designated by paragraph (2) of
this subsection), including clauses (i) and (ii) (as
designated by paragraph (1) of this subsection), 2
ems to the right; and
(4) by adding at the end the following:
‘‘(B) PERSONS RESPONSIBLE FOR SCREEN-
ING PASSENGERS AND PROPERTY.—
‘‘(i) IN GENERAL.—The Administrator
may require by regulation that an employ-
ment investigation (including a criminal
history record check in cases in which the
employment investigation reveals a gap in
employment of 12 months or more that the
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individual does not satisfactorily account
for) be conducted for individuals who will
be responsible for screening passengers
and property under section 44901 of this
title and their supervisors.
‘‘(ii) SPECIAL RULE.—If an individual
requires a criminal history record check
under clause (i), the individual may be em-
ployed as a screener until the check is
completed if the individual is subject to su-
pervision.’’.
(b) 
CONFORMING
AMENDMENTS.—Section
44936(a)(2) is amended—
(1) by striking ‘‘(2) An air carrier’’ and insert-
ing the following:
‘‘(2) RESPONSIBILITY OF AIR CARRIERS, FOR-
EIGN AIR CARRIERS, AND AIRPORT OPERATORS.—An
air carrier’’; and
(2) by moving the remainder of the text of the
paragraph 2 ems to the right.
(c) APPLICABILITY.—The amendment made by sub-
section (a)(4) shall not apply to an individual employed
as a screener, or a supervisor of screeners, on the day be-
fore the date of the enactment of this Act.
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SEC. 413. IMPOSITION OF FEES.
(a) IN GENERAL.—Chapter 453 is amended by add-
ing at the end the following:
‘‘§ 45304. Prohibition on imposition of unauthorized
fees; fees for services provided to certain
aircraft
‘‘(a) PROHIBITION.—Notwithstanding any other pro-
vision of law, the Administrator of the Federal Aviation
Administration shall not impose any fee that is not in ef-
fect on the date of the enactment of this section unless
the fee is expressly authorized by law.
‘‘(b) AUTHORITY TO IMPOSE FEES.—
‘‘(1) IN GENERAL.—The Administrator is au-
thorized to establish a schedule of fees (and a collec-
tion process for such fees), to be effective not later
than 60 days after the date of the enactment of this
section, solely to recover the costs incurred by the
Administrator in providing air traffic control serv-
ices to aircraft that neither take off from nor land
in the United States.
‘‘(2) PERSONS SUBJECT TO FEE.—Fees may be
assessed under paragraph (1) only on aircraft that
neither take off from nor land in the United States;
except that such fees shall not apply to foreign gov-
ernment aircraft.
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‘‘(3) LIMITATION
ON
MANNER
OF
COLLEC-
TION.—Fees may be assessed and collected under
this subsection only in such manner as may reason-
ably be expected to result in the collection of an ag-
gregate amount of fees during any fiscal year which
does not exceed the aggregate costs of the Adminis-
trator for such year in providing the services re-
ferred to in paragraph (1).
‘‘(4) LIMITATION ON AMOUNT OF FEE.—The
amount of any fee assessed under this subsection on
any aircraft may not exceed the amount which is
reasonably based on the proportion of the services
referred to in paragraph (1) which relate to such
aircraft.
‘‘(5) TARGET AMOUNT OF AGGREGATE FEES.—
To the extent permitted by the preceding provisions
of this subsection, fees under the schedule referred
to in paragraph (1) shall be at levels that will re-
cover not less than $30,000,000 in the first year in
which the fees are implemented.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such chapter is amended by adding at the end
the following new item:
‘‘45304. Prohibition on imposition of unauthorized fees; fees for services pro-
vided to certain aircraft.’’.
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SEC. 414. AUTHORITY TO CLOSE AIRPORT LOCATED NEAR
CLOSED OR REALIGNED MILITARY BASE.
Notwithstanding any other provision of a law, rule,
or grant assurance, an airport that is not a commercial
service airport may be closed by its sponsor without any
obligation to repay grants made under chapter 471 of title
49, United States Code, the Airport and Airway Improve-
ment Act of 1982, or any other law if the airport is located
within 3 miles of a military base which has been closed
or realigned.
SEC. 415. CONSTRUCTION OF RUNWAYS.
Notwithstanding section 332 of the Department of
Transportation and Related Agencies Appropriations Act,
1996 (109 Stat. 457) or any other provision of law that
specifically restricts the number of runways at a single
international airport, the Secretary of Transportation may
obligate funds under chapters 471 and 481 of title 49,
United States Code, for any project to construct a new
runway at such airport, unless this section is expressly re-
pealed.
SEC. 416. GADSDEN AIR DEPOT, ALABAMA.
(a) AUTHORITY TO GRANT WAIVERS.—Notwith-
standing section 16 of the Federal Airport Act (as in ef-
fect on May 4, 1949), the Secretary is authorized, subject
to the provisions of section 47153 of title 49, United
States Code, and the provisions of subsection (b) of this
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section, to waive any of the terms contained in the deed
of conveyance dated May 4, 1949, under which the United
States conveyed certain property to the city of Gadsden,
Alabama, for airport purposes.
(b) CONDITIONS.—Any waiver granted under sub-
section (a) shall be subject to the following conditions:
(1) The city of Gadsden, Alabama, shall agree
that, in conveying any interest in the property which
the United States conveyed to the city by a deed de-
scribed in subsection (a), the city will receive an
amount for such interest which is equal to the fair
market value of such interest (as determined pursu-
ant to regulations issued by the Secretary).
(2) Any such amount so received by the city
shall be used by the city for the development, im-
provement, operation, or maintenance of a public
airport, lands (including any improvements thereto)
which produce revenues that are used for airport de-
velopment purposes, or both.
SEC. 417. REGULATIONS AFFECTING INTRASTATE AVIA-
TION IN ALASKA.
In modifying regulations contained in title 14, Code
of Federal Regulations, in a manner affecting intrastate
aviation in Alaska, the Administrator of the Federal Avia-
tion Administration shall consider the extent to which
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Alaska is not served by transportation modes other than
aviation, and shall establish such regulatory distinctions
as the Administrator considers appropriate.
SEC. 418. WESTCHESTER COUNTY AIRPORT, NEW YORK.
Notwithstanding sections 47107(b) and 44706(d) of
title 49, United States Code, and any other law, regula-
tion, or grant assurance, all fees received by Westchester
County Airport in the State of New York may be paid
into the treasury of Westchester County pursuant to sec-
tion 119.31 of the Westchester County Charter if the Sec-
retary finds that the expenditures from such treasury for
the capital and operating costs of the Airport after Decem-
ber 31, 1990, have been and will be equal to or greater
than the fees that such treasury receives from the Airport.
SEC. 419. BEDFORD AIRPORT, PENNSYLVANIA.
If the Administrator of the Federal Aviation Admin-
istration decommissions an instrument landing system in
Pennsylvania, the Administrator shall, if feasible, transfer
and install the system at Bedford Airport, Pennsylvania.
SEC. 420. LOCATION OF DOPPLER RADAR STATIONS, NEW
YORK.
(a) PROHIBITION.—No Federal funds may be used
for the construction of a Doppler radar station at the
Coast Guard station in Brooklyn, New York.
(b) CONSTRUCTION OF OFFSHORE PLATFORMS.—
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(1) STUDY.—The Administrator of the Federal
Aviation Administration shall conduct a study of the
feasibility of constructing 2 offshore platforms to
serve as sites for the location of Doppler radar sta-
tions for John F. Kennedy International Airport and
LaGuardia Airport in New York City, New York.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Administrator
shall transmit to Congress a report on the results of
the study conducted under paragraph (1), including
proposed locations for the offshore platforms. Such
locations shall be as far as possible from populated
areas while providing appropriate safety measures
for John F. Kennedy International Airport and
LaGuardia Airport.
(c) LIMITATION.—The Administrator shall not begin
construction of a Doppler radar station for John F. Ken-
nedy International Airport or LaGuardia Airport at any
location before submitting a report under subsection (b).
SEC. 421. WORCESTER MUNICIPAL AIRPORT, MASSACHU-
SETTS.
The Secretary of Transportation shall take such ac-
tions as may be necessary to improve the safety of aircraft
landing at Worcester Municipal Airport, Massachusetts,
including, if appropriate, providing air traffic radar service
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to such airport from the Providence Approach Radar Con-
trol in Coventry, Rhode Island.
SEC. 422. CENTRAL FLORIDA AIRPORT, SANFORD, FLORIDA.
The Secretary of Transportation shall take such ac-
tions as may be necessary to improve the safety of aircraft
landing at Central Florida Airport, Sanford, Florida, in-
cluding, if appropriate, providing a new instrument land-
ing system on Runway 27R.
SEC. 423. AIRCRAFT NOISE OMBUDSMAN.
Section 106 is amended by redesignating subsection
(k), as amended by section 103 of this Act, as subsection
(l) and by inserting after subsection (j) the following:
‘‘(k) AIRCRAFT NOISE OMBUDSMAN.—
‘‘(1) ESTABLISHMENT.—There shall be in the
Administration an Aircraft Noise Ombudsman.
‘‘(2) GENERAL
DUTIES
AND
RESPONSIBIL-
ITIES.—The Ombudsman shall—
‘‘(A) be appointed by the Administrator;
‘‘(B) serve as a liaison with the public on
issues regarding aircraft noise; and
‘‘(C) be consulted when the Administration
proposes changes in aircraft routes so as to
minimize any increases in aircraft noise over
populated areas.’’.
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SEC. 424. SPECIAL RULE FOR PRIVATELY OWNED RE-
LIEVER AIRPORTS.
Section 47109 is amended by adding at the end the
following:
‘‘(c) SPECIAL RULE FOR PRIVATELY OWNED RE-
LIEVER AIRPORTS.—If a privately owned reliever airport
contributes any lands, easements, or rights-of-way to carry
out a project under this subchapter, the current fair mar-
ket value of such lands, easements, or rights-of-way shall
be credited toward the non-Federal share of allowable
project costs.’’.
TITLE V—EXTENSION OF AIR-
PORT 
AND 
AIRWAY 
TRUST
FUND EXPENDITURES
SEC. 501. EXTENSION OF AIRPORT AND AIRWAY TRUST
FUND EXPENDITURES.
(a) EXTENSION
OF EXPENDITURE AUTHORITY.—
Paragraph (1) of section 9502(d) of the Internal Revenue
Code of 1986 is amended by striking ‘‘October 1, 1996’’
and inserting ‘‘October 1, 1999’’.
(b) EXTENSION OF TRUST FUND PURPOSES.—Sub-
paragraph (A) of section 9502(d)(1) of such Code is
amended by inserting before the semicolon at the end ‘‘or
the Federal Aviation Authorization Act of 1996’’.
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TITLE VI—FEDERAL AVIATION
ADMINISTRATION RESEARCH,
ENGINEERING, AND DEVEL-
OPMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘FAA Research, Engi-
neering, and Development Management Reform Act of
1996’’.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1)(J);
(2) by striking the period at the end of para-
graph (2)(J) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new
paragraph:
‘‘(3) for fiscal year 1997—
‘‘(A) $10,000,000 for system development
and infrastructure projects and activities;
‘‘(B) $39,911,000 for capacity and air
traffic management technology projects and ac-
tivities;
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‘‘(C) $20,371,000 for communications,
navigation, and surveillance projects and activi-
ties;
‘‘(D) $6,411,000 for weather projects and
activities;
‘‘(E) $6,000,000 for airport technology
projects and activities;
‘‘(F) $37,978,000 for aircraft safety tech-
nology projects and activities;
‘‘(G) $36,045,000 for system security tech-
nology projects and activities;
‘‘(H) $23,682,000 for human factors and
aviation medicine projects and activities;
‘‘(I) $3,800,000 for environment and en-
ergy projects and activities; and
‘‘(J) $1,500,000 for innovative/cooperative
research projects and activities.’’.
SEC. 603. RESEARCH PRIORITIES.
Section 48102(b) is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by striking ‘‘AVAILABILITY
FOR
RE-
SEARCH.—(1)’’ and inserting in lieu thereof ‘‘RE-
SEARCH PRIORITIES.—(1) The Administrator shall
consider the advice and recommendations of the re-
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search advisory committee established by section
44508 of this title in establishing priorities among
major categories of research and development activi-
ties carried out by the Federal Aviation Administra-
tion.
‘‘(2)’’.
SEC. 604. RESEARCH ADVISORY COMMITTEE.
Section 44508(a)(1) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting in lieu thereof ‘‘; and’’;
and
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) annually review the allocation made by the
Administrator of the amounts authorized by section
48102(a) of this title among the major categories of
research and development activities carried out by
the Administration and provide advice and rec-
ommendations to the Administrator on whether such
allocation is appropriate to meet the needs and ob-
jectives identified under subparagraph (A).’’.
SEC. 605. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) is amended—
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(1) in paragraph (2)(A) by striking ‘‘15-year’’
and inserting in lieu thereof ‘‘5-year’’;
(2) by amending subparagraph (B) to read as
follows:
‘‘(B) The plan shall—
‘‘(i) provide estimates by year of the schedule,
cost, and work force levels for each active and
planned major research and development project
under sections 40119, 44504, 44505, 44507, 44509,
44511–44513, and 44912 of this title, including ac-
tivities carried out under cooperative agreements
with other Federal departments and agencies;
‘‘(ii) specify the goals and the priorities for allo-
cation of resources among the major categories of
research and development activities, including the
rationale for the priorities identified;
‘‘(iii) identify the allocation of resources among
long-term research, near-term research, and develop-
ment activities; and
‘‘(iv) highlight the research and development
activities that address specific recommendations of
the research advisory committee established under
section 44508 of this title, and document the rec-
ommendations of the committee that are not accept-
ed, specifying the reasons for nonacceptance.’’; and
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(3) in paragraph (3) by inserting ‘‘, including
a description of the dissemination to the private sec-
tor of research results and a description of any new
technologies developed’’ after ‘‘during the prior fiscal
year’’.
Passed the House of Representatives September 11,
1996.
Attest:
ROBIN H. CARLE,
Clerk.