(3) air traffic control services for—
(A) flights over the United States or its
territories by air carriers that neither arrive at
nor depart from a United States airport (other
than such flights by foreign government aircraft
engaged on official business); and
(B) business jets.
(b) CONSIDERATIONS.—To the extent possible, the
Administrator, in developing a fee system, shall consider—
(1) the impact on segments of the aviation in-
dustry; and
(2) the fair value, or cost, of the service pro-
vided by the Federal Aviation Administration.
(c) CONSULTATION WITH AFFECTED PARTIES.—In
developing proposals under this section, the Administrator
shall consult with representatives of the commercial avia-
tion industry, the general aviation sector, airports, and
other affected parties.
(d) USE OF EXPERTS AND CONSULTANTS.—In devel-
oping the system, the Administrator may consult with
such nongovernmental experts as the Administrator may
employ and the Administrator may utilize the services of
experts and consultants under section 3109 of title 5,
United States Code, without regard to the limitation im-
posed by the last sentence of section 3109(b) of such title,
and may contract on a sole source basis, notwithstanding
any other provision of law to the contrary. Notwithstand-
ing any other provision of law to the contrary, the Admin-
istrator may retain such experts under a contract awarded
on a basis other than a competitive basis and without re-
gard to any such provisions requiring competitive bidding
or precluding sole source contract authority. The Adminis-
trator shall cause a copy of the proposed fee system to
be printed in the Federal Register upon its submission to
the Congress.
(e) FEES EFFECTIVE 45 DAYS AFTER SUBMIS-
SION.—
(1) IN GENERAL.—Unless disapproved by the
Congress under section 305(b), any fees proposed by
the Administrator under this section shall take effect
45 days after the date on which the proposal is sub-
mitted to the Congress, or on such later date as the
Administrator may propose. If a fee proposal is sub-
mitted to the Congress less than 45 days before the
date on which the Congress adjourns sine die, or less
than 45 days before any 30-day period in which nei-
ther House of the Congress is in session, then the
fees so proposed shall not take effect unless resub-
mitted under this section. Any proposal resubmitted
shall be considered a new submission for applying
the first sentence of this paragraph to the resubmit-
ted proposal.
(2) IMPLEMENTATION
DELAYED
IF
TRUST
FUND AMOUNTS ADEQUATE.—Beginning with fiscal
year 1998, no fee proposed by the Administrator
may be imposed under this section unless the sum
of the outlays from the Airport and Airway Trust
Fund exceeds the receipts of the Fund for the pre-
ceding fiscal year.
(f) AGREEMENT
WITH
DEPARTMENT
OF
DE-
FENSE.—Within 6 months after the date of enactment of
this Act, the Administration shall enter into an agreement
with the Department of Defense under which the Adminis-
tration will be reimbursed for the net cost of air traffic
control services provided to the Department of Defense.
(g) TERMINATION.—Fees imposed under this section
shall terminate 3 years after going into effect, but any
amounts collected before the fees terminate shall remain
available until expended.
(h) ADDITIONAL SYSTEM PROPOSALS.—Not less
than 6 months before the date on which any fee system
imposed under this section terminates, the Administrator
shall submit to the Congress a proposal for a fee system
to replace the terminating system. Any replacement fee
system proposed under this subsection shall be developed
in consultation with the representatives described in sub-
section (c). The Administrator shall submit to the Con-
gress at the same time as the proposal is submitted, a
review of the effectiveness of the standards established for
the fee system the proposed fee system is intended to re-
place, conducted by independent experts. The proposed re-
placement fee system shall take effect upon the termi-
nation of the fee system it replaces unless disapproved by
the Congress under subsection (d), and shall terminate 3
years after going into effect.
(i) REPEAL.—Sections 45301, 45302, and 70118 of
title 49, United States Code, are repealed.
SEC. 304. USER FEES FOR AIR TRAFFIC CONTROL SERV-
ICES.
(a) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act, the Administrator shall sub-
mit to the Congress a proposed fee system for air traffic
control services. In developing the proposal, the Adminis-
trator may utilize the services of experts and consultants
under section 3109 of title 5, United States Code, without
regard to the limitation imposed by the last sentence of
section 3109(b) of such title, and may contract on a sole
source basis, notwithstanding any other provision of law
to the contrary, to develop air traffic control user fees
based on improved system performance.
(b) LIMITATIONS.—
(1) TRUST FUND PAYORS.—Fees may not be
imposed under this section on any segment of the
aviation industry subject to trust fund taxes until
the rate of trust fund taxes paid by that segment is
reduced below the rate at which such taxes were as-
sessed during fiscal year 1995.
(2) OTHER
USERS.—Notwithstanding para-
graph (1), fees imposed under this section may be
imposed on any user of air traffic control services
not subject to trust fund taxes, so long as any such
fees are consistent with international agreements.
(3) LIMITATION ON AMOUNT.—The aggregate
amount of fees imposed under this section in any
year on any segment of the aviation industry may
not exceed 110 percent of the projected difference
between (1) the estimated aggregate amount that
would have been collected in such year from that
segment at the rates of Trust Fund taxes in effect
in 1995 and (2) the estimated aggregate amount
that would be collected in such year from that seg-
ment at the Trust Fund tax rates reduced below the
levels in effect in 1995.
(c) FEES EFFECTIVE 45 DAYS AFTER APPROVAL.—
Unless disapproved by the Congress under section 305(b),
fees proposed by the Administrator under this section take
effect 45 days after the date on which the proposal is sub-
mitted to the Congress, or on such later date as the Ad-
ministrator may propose.
(d) DEFINITIONS.—WHEN USED IN THIS SECTION:
(1) SEGMENT.—The term ‘segment’ refers to—
(A) commercial airlines;
(B) commercial cargo air carriers;
(C) business jets;
(D) general aviation; and
(E) public use.
(2) TRUST FUND TAXES.—The term ‘trust fund
taxes’ means Federal taxes the receipts from which
are credited in whole or in part to the Airport and
Airway Trust Fund.
(e) TERMINATION.—Fees imposed under this section
shall terminate 3 years after going into effect, but any
amounts collected before the fees terminate shall remain
available until expended.
(f) ADDITIONAL SYSTEM PROPOSALS.—Not less than
6 months before the date on which any fee system imposed
under this section terminates, the Administrator shall sub-
mit to the Congress a proposal for a fee system to replace
the terminating system. Any replacement fee system pro-
posed under this subsection shall be developed in consulta-
tion with the Management Advisory Council established
under section 112. The Administrator shall submit to the
Congress at the same time as the proposal is submitted,
a review of the effectiveness of the standards established
for the fee system the proposed fee system is intended to
replace, conducted by independent experts. Unless dis-
approved by the Congress under section 305(b), the pro-
posed replacement fee system shall take effect upon the
termination of the fee system it replaces, and shall termi-
nate 3 years after going into effect.
SEC. 305. ADMINISTRATIVE PROVISIONS.
(a) IN GENERAL.—
(1) FEES
PAYABLE
TO
ADMINISTRATOR.—All
fees imposed under this title for services performed,
or materials furnished, by the Administration are
payable to the Administrator.
(2) REFUNDS.—The Administrator may refund
any fee paid by mistake or any amount paid in ex-
cess of that required.
(3) RECEIPTS CREDITED TO ACCOUNT.—Not-
withstanding section 3302 of title 31, United States
Code, all fees collected by the Administration, except
insurance premiums and other fees charged for the
provision of insurance and deposited in the Aviation
Insurance Revolving Fund and interest earned on in-
vestments of such Fund, (whether imposed under
this section or not)—
(A) shall be credited to a separate account
established in the Treasury and made available
for Federal Aviation Administration activities
as offsetting collections;
(B) shall be available only to the extent
that the expenditures for the Administration ex-
ceed the amounts made available for such ex-
penditures from the Airport and Airways Trust
Fund; and
(C) shall remain available until expended.
(4) INVESTMENT OF ACCOUNT BALANCE.—Any
amount in the separate account established under
paragraph (3)(A) of this section that is not needed
for immediate disbursement shall be invested by the
Secretary of the Treasury only in interest-bearing
obligations of the United States, by purchasing such
obligations (A) if at original issue, as the issue price,
or (B) if outstanding, at the market price. The in-
terest on, and proceeds from the sale or redemption
of, any such obligation shall be credited to such sep-
arate account.
(5) ANNUAL
BUDGET
REPORT
BY
ADMINIS-
TRATOR.—The Administrator shall, on the same day
each year as the President submits the annual budg-
et to the Congress, provide to the Committee on
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives—
(A) a list of fee collections by the Adminis-
tration during the preceding fiscal year;
(B) a list of activities by the Administra-
tion during the preceding fiscal year that were
supported by fee expenditures and appropria-
tions;
(C) budget plans for significant programs,
projects, and activities of the Administration,
including out-year funding estimates;
(D) any proposed disposition of surplus
fees by the Administration; and
(E) such other information as those com-
mittees consider necessary.
(b) CONGRESSIONAL PROCEDURE.—
(1) IN GENERAL.—This subsection is enacted
by the Congress as an exercise of the rulemaking
power of the Senate and the House of Representa-
tives, respectively, and as such these provisions are
deemed to be a part of the rules of each House of
the Congress, respectively, applicable only to the
procedure to be followed in that House for resolu-
tions described in this subsection. These provisions
supersede other rules of each House of the Congress
only to the extent that they are inconsistent with
those other rules, and they are enacted with full rec-
ognition of the constitutional right of each House to
change them, to the extent that they relate to the
procedure of that House, in the same manner and
to the same extent as any other rule of that House.
(2) RESOLUTION.—For purposes of this sub-
section, the term ‘‘resolution’’ means a joint resolu-
tion relating to the disapproval of a fee proposal
submitted by the Administrator under section 303 or
section 304, the matter after the resolving clause of
which is as follows: ‘‘That the Congress disapproves
the fee proposal submitted by the Administrator of
the Federal Aviation Administration on —— and
identified as ——.’’, the first blank space being
filled with the date on which the proposal was sub-
mitted and the second being filled with the title or
other description of the proposal. The term does not
include a resolution that relates to more than one
proposal.
(3) REFERRAL.—Upon introduction, a resolu-
tion shall be referred to the Committee on Com-
merce, Science, and Transportation of the Senate or
the Committee on Transportation and Infrastructure
of the House of Representatives.
(4) MOTION TO DISCHARGE.—If the committee
to which a resolution has been referred has not re-
ported it at the end of 20 calendar days after its in-
troduction, it is in order to move to discharge the
committee from further consideration of that resolu-
tion.
(5) RULES
FOR
MOTION
TO
DISCHARGE.—A
motion to discharge may be made only by an individ-
ual favoring the resolution, is highly privileged (ex-
cept that it may not be made after the committee
has reported a resolution with respect to the same
proposal), and debate thereon shall be limited to not
more than 1 hour, with the time divided equally be-
tween those favoring and those opposing the motion.
An amendment to the motion is not in order, and it
is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to. Mo-
tions to postpone shall be decided without debate.
(6) EFFECT OF MOTION.—If the motion to dis-
charge is agreed to or disagreed to, the motion may
not be renewed, nor may another motion to dis-
charge the committee be made with respect to any
other resolution with respect to the same proposal.
(7) SENATE PROCEDURE.—
(A) MOTION
TO
PROCEED.—When the
committee of the Senate has reported, or has
been discharged from further consideration of,
a resolution, it is at any time thereafter in
order (even though a previous motion to the
same effect has been disagreed to) to move to
proceed to the consideration of the resolution.
The motion is highly privileged and is not de-
batable. An amendment to the motion is not in
order, and it is not in order to move to recon-
sider the vote by which the motion is agreed to
or disagreed to.
(B) LIMITATION ON DEBATE.—Debate in
the Senate on the resolution shall be limited to
not more than 10 hours, which shall be divided
equally between those favoring and those oppos-
ing the resolution. A motion further to limit de-
bate is not debatable. An amendment to, or mo-
tion to recommit, the resolution is not in order,
and it is not in order to move to reconsider the
vote by which the resolution is agreed to or dis-
agreed to.
(C) NO DEBATE ON CERTAIN MOTIONS.—
In the Senate, motions to postpone made with
respect to the consideration of a resolution and
motions to proceed to the consideration of other
business shall be decided without debate.
(D) APPEALS.—Appeals from the decisions
of the Chair relating to the application of the
rules of the Senate to the procedure relating to
a resolution shall be decided without debate.
(8) EFFECT OF ADOPTION OF RESOLUTION BY
OTHER
HOUSE.—If, before the passage by one
House of the Congress of a resolution of that House,
it receives from the other House a resolution, then
the following procedures apply:
(A) The resolution of the other House shall
not be referred to a committee and may not be
considered in the House receiving it, except in
the case of final passage as provided in sub-
paragraph (B)(i).
(B) With respect to the resolution de-
scribed in subparagraph (A) of the House re-
ceiving it—
(i) the procedure in that House shall
be the same as if no joint resolution had
been received from the other House; but
(ii) the vote on final passage shall be
on the resolution of the other House.
SEC. 306. INCREASE IN SPENDING CAPS UNDER TRUST
FUND.
Section 48104(c) of title 49, United States Code, is
amended by adding at the end thereof the following:
‘‘This subsection shall be applied for fiscal years 1998 and
1999 by substituting ‘zero percent’ for ‘50 percent’ in
paragraph (1), and by substituting ‘100 percent’ for ‘70
percent’. The preceding sentence shall not apply for any
fiscal year for which fees imposed under section 303 of
the Air Traffic Management Performance Improvement
Act of 1995 are not in effect.’’.
SEC. 307. ADVANCE APPROPRIATIONS FOR AIRPORT AND
AIRWAY TRUST FUND ACTIVITIES.
(a) MULTIYEAR AUTHORIZATIONS.—Beginning with
fiscal year 1997, any authorization of appropriations for
an activity for which amounts are to be appropriated from
the Airport and Airway Trust Fund shall provide funds
for a period of not less than 3 fiscal years unless the activ-
ity for which appropriations are authorized is to be con-
cluded before the end of that period.
(b) MULTIYEAR APPROPRIATIONS.—Beginning with
fiscal year 1997, amounts appropriated from the Airport
and Airway Trust Fund shall be appropriated for periods
of 3 fiscal years rather than annually.
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