H. R. 3539
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To amend title 49, United States Code, to reauthorize programs of the Federal
Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Federal Avia-
tion Reauthorization 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—AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A—Reauthorization of FAA Programs
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Subtitle B—Airport Development Financing
Sec. 121. Apportionments.
Sec. 122. Discretionary fund.
Sec. 123. Use of apportioned amounts.
Sec. 124. Designating current and former military airports.
Sec. 125. Period of applicability of amendments.
Subtitle C—Airport Improvement Program Modifications
Sec. 141. Intermodal planning.
Sec. 142. Pavement maintenance program.
Sec. 143. Access to airports by intercity buses.
Sec. 144. Cost reimbursement for projects commenced prior to grant award.
Sec. 145. Selection of projects for grants from discretionary fund.
Sec. 146. Small airport fund.
Sec. 147. State block grant program.
Sec. 148. Innovative financing techniques.
Sec. 149. Pilot program on private ownership of airports.
TITLE II—FAA REFORM
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Effective date.
Subtitle A—General Provisions
Sec. 221. Findings.
Sec. 222. Purposes.
Sec. 223. Regulation of civilian air transportation and related services by the
Federal Aviation Administration and Department of Transportation.
Sec. 224. Regulations.
Sec. 225. Personnel and services.
Sec. 226. Contracts.
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Sec. 227. Facilities.
Sec. 228. Property.
Sec. 229. Transfers of funds from other Federal agencies.
Sec. 230. Management Advisory Council.
Subtitle B—Federal Aviation Administration Streamlining Programs
Sec. 251. Review of acquisition management system.
Sec. 252. Air traffic control modernization reviews.
Sec. 253. Federal Aviation Administration personnel management system.
Sec. 254. Conforming amendment.
Subtitle C—System To Fund Certain Federal Aviation Administration Functions
Sec. 271. Findings.
Sec. 272. Purposes.
Sec. 273. User fees for various Federal Aviation Administration services.
Sec. 274. Independent assessment of FAA financial requirements; establishment of
National Civil Aviation Review Commission.
Sec. 275. Procedure for consideration of certain funding proposals.
Sec. 276. Administrative provisions.
Sec. 277. Advance appropriations for Airport and Airway Trust Fund activities.
Sec. 278. Rural Air Service Survival Act.
TITLE III—AVIATION SECURITY
Sec. 301. Report including proposed legislation on funding for airport security.
Sec. 302. Certification of screening companies.
Sec. 303. Weapons and explosive detection study.
Sec. 304. Requirement for criminal history records checks.
Sec. 305. Interim deployment of commercially available explosive detection equip-
ment.
Sec. 306. Audit of performance of background checks for certain personnel.
Sec. 307. Passenger profiling.
Sec. 308. Authority to use certain funds for airport security programs and
activities.
Sec. 309. Development of aviation security liaison agreement.
Sec. 310. Regular joint threat assessments.
Sec. 311. Baggage match report.
Sec. 312. Enhanced security programs.
Sec. 313. Report on air cargo.
Sec. 314. Sense of the Senate regarding acts of international terrorism.
TITLE IV—AVIATION SAFETY
Sec. 401. Elimination of dual mandate.
Sec. 402. Protection of voluntarily submitted information.
Sec. 403. Supplemental type certificates.
Sec. 404. Certification of small airports.
Sec. 405. Authorization for State-specific safety measures.
Sec. 406. Aircraft engine standards.
Sec. 407.
Accident and safety data classification; report on effects of publication
and automated surveillance targeting systems.
TITLE V—PILOT RECORD SHARING
Sec. 501. Short title.
Sec. 502. Employment investigations of pilot applicants.
Sec. 503. Studies of minimum standards for pilot qualifications and of pay for
training.
Sec. 504. Study of minimum flight time.
TITLE VI—CHILD PILOT SAFETY
Sec. 601. Short title.
Sec. 602. Child pilot safety.
TITLE VII—FAMILY ASSISTANCE
Sec. 701. Short title.
Sec. 702. Assistance by National Transportation Safety Board to families of
passengers involved in aircraft accidents.
Sec. 703. Air carrier plans to address needs of families of passengers involved in
aircraft accidents.
Sec. 704. Establishment of task force.
Sec. 705. Limitation on statutory construction.
TITLE VIII—AIRPORT REVENUE PROTECTION
Sec. 801. Short title.
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Sec. 802. Findings; purpose.
Sec. 803. Definitions.
Sec. 804. Restriction on use of airport revenues.
Sec. 805. Regulations; audits and accountability.
Sec. 806. Conforming amendments to the Internal Revenue Code of 1986.
TITLE IX—METROPOLITAN WASHINGTON AIRPORTS
Sec. 901. Short title.
Sec. 902. Use of leased property.
Sec. 903. Board of Directors.
Sec. 904. Termination of Board of Review.
Sec. 905. Limitations.
Sec. 906. Use of Dulles Airport Access Highway.
Sec. 907. Effect of judicial order.
Sec. 908. Amendment of lease.
Sec. 909. Sense of the Senate.
TITLE X—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURES
Sec. 1001. Extension of Airport and Airway Trust Fund expenditures.
TITLE XI—FAA RESEARCH, ENGINEERING, AND DEVELOPMENT
Sec. 1101. Short title.
Sec. 1102. Authorization of appropriations.
Sec. 1103. Research priorities.
Sec. 1104. Research advisory committee.
Sec. 1105. National aviation research plan.
TITLE XII—MISCELLANEOUS PROVISIONS
Sec. 1201. Purchase of housing units.
Sec. 1202. Clarification of passenger facility revenues as constituting trust funds.
Sec. 1203. Authority to close airport located near closed or realigned military base.
Sec. 1204. Gadsden Air Depot, Alabama.
Sec. 1205. Regulations affecting intrastate aviation in Alaska.
Sec. 1206. Westchester County Airport, New York.
Sec. 1207. Bedford Airport, Pennsylvania.
Sec. 1208. Worcester Municipal Airport, Massachusetts.
Sec. 1209. Central Florida Airport, Sanford, Florida.
Sec. 1210. Aircraft Noise Ombudsman.
Sec. 1211. Special rule for privately owned reliever airports.
Sec. 1212. Sense of the Senate regarding the funding of the Federal Aviation
Administration.
Sec. 1213. Rural air fare study.
Sec. 1214. Carriage of candidates in State and local elections.
Sec. 1215. Special flight rules in the vicinity of Grand Canyon National Park.
Sec. 1216. Transfer of air traffic control tower; closing of flight service stations.
Sec. 1217. Location of Doppler radar stations, New York.
Sec. 1218. Train whistle requirements.
Sec. 1219. Increased fees.
Sec. 1220. Structures interfering with air commerce.
Sec. 1221. Hawaii cargo.
Sec. 1222. Limitation on authority of States to regulate gambling devices on vessels.
Sec. 1223. Clarifying amendment.
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 provision 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 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 shall be construed as
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affecting funds made available for a fiscal year ending before Octo-
ber 1, 1996.
TITLE I—AIRPORT AND AIRWAY
IMPROVEMENTS
Subtitle A—Reauthorization of FAA
Programs
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) AUTHORIZATION
OF
APPROPRIATIONS.—Section 48103 is
amended—
(1) by striking ‘‘September 30, 1981’’ and inserting ‘‘Septem-
ber 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 ending before October 1, 1997,
and $4,627,000,000 for fiscal years ending before October 1,
1998.’’.
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended
by striking ‘‘1996’’ and inserting ‘‘1998’’.
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.’’.
(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 following:
‘‘48101. Air navigation facilities and equipment.’’.
SEC. 103. FAA OPERATIONS.
(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 follow-
ing: ‘‘$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for
fiscal year 1998.’’.
(b) AUTHORIZATION OF APPROPRIATIONS FROM TRUST FUND.—
Section 48104(c) is amended—
(1) in the subsection heading by striking ‘‘1996’’ and insert-
ing ‘‘1998’’;
(2) in the matter preceding paragraph (1) by striking ‘‘1994,
1995, and 1996’’ and inserting ‘‘1994 through 1998’’; and
(3) in paragraph (2)(A) by striking ‘‘70 percent’’ and insert-
ing ‘‘72.5 percent’’.
(c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS.—Sec-
tion 48108(c) is amended by striking ‘‘1996’’ and inserting ‘‘1998’’.
(d) CLERICAL AMENDMENTS.—Chapter 481 is amended—
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(1) by striking the heading for section 48104 and inserting
the following:
‘‘§ 48104. Operations and maintenance’’; and
(2) in the table of sections by striking the item relating
to section 48104 and inserting the following:
‘‘48104. Operations and maintenance.’’.
Subtitle B—Airport Development
Financing
SEC. 121. 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 passenger
boarding’’ and inserting ‘‘of the next 500,000 passenger
boardings’’;
(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 boarding at the
airport during the prior calendar year.’’.
(2) CARGO ONLY AIRPORTS.—Section 47114(c)(2) of such title
is amended to read as follows:
‘‘(2) CARGO ONLY AIRPORTS.—
‘‘(A) APPORTIONMENT.—Subject to subparagraph (D),
the Secretary shall apportion an amount equal to 2.5 per-
cent of the amount subject to apportionment each fiscal
year to the sponsors of airports served by aircraft providing
air transportation of only cargo with a total annual landed
weight of more than 100,000,000 pounds.
‘‘(B) SUBALLOCATION
FORMULA.—Any funds appor-
tioned 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 percent of the
amount apportioned under subparagraph (A) may be appor-
tioned for any one airport.
‘‘(D) DISTRIBUTION TO OTHER AIRPORTS.—Before appor-
tioning amounts to the sponsors of airports under subpara-
graph (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 Secretary, that the Sec-
retary finds will be served primarily by aircraft providing
air transportation of only cargo.
‘‘(E) DETERMINATION
OF
LANDED
WEIGHT.—Landed
weight under this paragraph is the landed weight of air-
craft landing at each airport described in subparagraph
(A) during the prior calendar year.’’.
(3) REPEAL OF LIMITATION.—Section 47114(c)(3) is repealed.