H. R. 2739—11
‘‘(2) a fee imposed pursuant to a financing agreement or
covenant entered into prior to the date of the 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 the 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.’’.
(b) CONFORMING AMENDMENT.—The analysis to such chapter
is amended—
(1) by striking ‘‘47129’’ and inserting ‘‘47131’’; and
(2) by inserting after the item relating to section 47128
the following:
‘‘47129. Resolution of airport-air carrier disputes concerning airport fees.’’.
SEC. 114. TERMINAL DEVELOPMENT.
Section 47109 is amended—
(1) in subsection (a) by striking ‘‘subsections (b) and (c)’’
and inserting ‘‘subsection (b)’’; and
(2) by striking subsection (c).
SEC. 115. LETTERS OF INTENT.
Section 47110(e) is amended by adding at the end the following:
‘‘(6) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing
in this section shall be construed to prohibit the obligation
of amounts pursuant to a letter of intent under this subsection
in the same fiscal year as the letter of intent is issued.’’.
SEC. 116. MILITARY AIRPORT PROGRAM.
(a) MILITARY AIRPORT SET-ASIDE.—Section 47117(e)(1)(E) is
amended by striking ‘‘, and 1995’’ and inserting ‘‘, 1995, and 1996’’.
(b) DESIGNATION OF MILITARY AIRPORTS.—Section 47118(a) is
amended—
(1) by striking ‘‘12’’ and inserting ‘‘15’’; and
(2) by adding at the end the following: ‘‘The Secretary
may only designate an airport for such grants (other than
an airport designated for such grants on or before the date
of the enactment of this sentence) if the Secretary finds that
grants under such section for projects at such airport would
reduce delays at an airport with more than 20,000 hours of
annual delays in commercial passenger aircraft takeoffs and
landings.’’.
(c) ELIMINATION OF EXTENSION OF 5-YEAR PERIOD OF ELIGI-
BILITY.—Section 47118(d) is amended by striking the last sentence.
(d) CONSTRUCTION OF PARKING LOTS, FUEL FARMS, AND UTILI-
TIES.—Section 47118(f) is amended by striking ‘‘–1995’’ and insert-
ing ‘‘–1996’’.
SEC. 117. TERMINAL DEVELOPMENT COSTS.
Section 47119 is amended—
H. R. 2739—12
(1) in subsection (a) by inserting ‘‘or, in the case of a
commercial service airport which annually had less than 0.05
percent of the total enplanements in the United States, between
January 1, 1992, and October 31, 1992,’’ after ‘‘July 12, 1976,’’;
and
(2) by adding at the end the following:
‘‘(c) NONHUB AIRPORTS.—With respect to a project at a commer-
cial 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 amounts described in subsection (a) notwith-
standing the requirements of sections 47107(a)(17), 47112, and
47113.’’.
SEC. 118. AIRPORT SAFETY DATA COLLECTION.
(a) IN
GENERAL.—Chapter 471 of subtitle VII is further
amended by inserting after section 47129 the following:
‘‘§ 47130. 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.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter 471
is further amended by inserting after the item relating to section
47129 the following:
‘‘47130. Airport safety data collection.’’.
SEC. 119. SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDEN-
TIAL BUILDINGS AND PROPERTIES.
Section 47504(c) is amended—
(1) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively;
(2) by inserting after paragraph (1) the following:
‘‘(2) SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDEN-
TIAL
BUILDINGS
AND
PROPERTIES.—The Secretary may incur
obligations to make grants from amounts made available under
section 48103 of this title—
‘‘(A) for projects to soundproof residential buildings—
‘‘(i) if the airport operator 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 airport operator 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 chap-
ter; and
‘‘(B) to an airport operator and unit of local government
referred to in paragraph (1)(A) or (1)(B) of this subsection
to soundproof residential buildings located on residential
properties, and to acquire residential properties, at which
noise levels are not compatible with normal operations
of an airport—
‘‘(i) if the airport operator 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
H. R. 2739—13
procedures mandated for aircraft safety purposes by
the Administrator of the Federal Aviation Administra-
tion for standardized application at airports served
by scheduled air carriers;
‘‘(ii) if the airport operator 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 chap-
ter.’’; and
(3) in paragraph (4), as so redesignated, by striking ‘‘para-
graph (1) of’’.
SEC. 120. LANDING AIDS AND NAVIGATIONAL EQUIPMENT INVENTORY
POOL.
(a) PURCHASE.—Section 44502(a) is amended by adding at the
end the following new paragraph:
‘‘(4) PURCHASE OF INSTRUMENT LANDING SYSTEM.—
‘‘(A) ESTABLISHMENT
OF
PROGRAM.—The Secretary
shall purchase precision approach instrument landing sys-
tem equipment for installation at airports on an expedited
basis.
‘‘(B) AUTHORIZATION.—No less than $30,000,000 of the
amounts appropriated under section 48101(a) for each of
fiscal years 1995 and 1996 shall be used for the purpose
of carrying out this paragraph, including acquisition, site
preparation work, installation, and related expenditures.’’.
(b) COST SAVINGS ASSOCIATED WITH PURCHASE.—Notwithstand-
ing other provisions of law or regulations to the contrary, the
Administrator shall establish, within 120 days after the date of
the enactment of this Act, a process through which airport sponsors
may take advantage of cost savings associated with the purchase
and installation of instrument landing systems, along with associ-
ated equipment, under existing or future Federal Aviation Adminis-
tration contracts. The process established by the Administrator
may provide for the direct reimbursement (including administrative
costs) of the Administrator by an airport sponsor using grants
funds under subchapter I of chapter 471 of subtitle VII of title
49, United States Code, relating to airport improvement, for the
ordering of such equipment and installation or for the direct order-
ing of such equipment and installation by an airport sponsor, using
such grant funds, from the suppliers with which the Administrator
has contracted.
SEC. 121. 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 40117 of title
49, United States Code, and shall take such corrective action as
the Secretary determines to be necessary to address any problems
discovered in the review.
TITLE II—OTHER AVIATION PROGRAMS
SEC. 201. TERM OF OFFICE OF FAA ADMINISTRATOR.
Section 106(b) is amended by adding at the end the following:
‘‘The term of office for any individual appointed as Administrator
after the date of the enactment of this sentence shall be 5 years.’’.
H. R. 2739—14
SEC. 202. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
Section 40113 is amended by adding at the end the following
new subsection:
‘‘(e) ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.—
‘‘(1) SAFETY-RELATED
TRAINING
AND
OPERATIONAL
SERV-
ICES.—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) REIMBURSEMENT
SOUGHT.—The Administrator shall
actively seek reimbursement for services provided under this
subsection from foreign aviation authorities capable of providing
such reimbursement.
‘‘(3) CREDITING APPROPRIATIONS.—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.
‘‘(4) REPORTING.—Not later than December 31, 1995, and
annually thereafter, the Administrator shall transmit to Con-
gress a list of the foreign aviation authorities to which the
Administrator provided services under this subsection in the
preceding fiscal year. Such list shall specify the dollar value
of such services and any reimbursement received for such
services.’’.
SEC. 203. USE OF PASSENGER FACILITY CHARGES TO MEET FEDERAL
MANDATES.
Section 40117(a)(3) is amended—
(1) by striking ‘‘and’’ at end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) in addition to projects eligible under subparagraph
(A), the construction, reconstruction, repair, or improve-
ment of areas of an airport used for the operation of aircraft
or actions to mitigate the environmental effects of such
construction, reconstruction, repair, or improvement when
the construction, reconstruction, repair, improvement, or
action is necessary for compliance with the responsibilities
of the operator or owner of the airport under the Americans
with Disabilities Act of 1990, the Clean Air Act, or the
Federal Water Pollution Control Act with respect to the
airport.’’.
SEC. 204. PASSENGER FACILITY CHARGES.
(a) CLARIFICATION OF APPLICABILITY.—
(1) GENERAL RULE.—Section 40117(e)(2) is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph
(C)(ii) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) enplaning at an airport if the passenger did not pay
for the air transportation which resulted in such enplanement,
including any case in which the passenger obtained the ticket