H. R. 3539—55
(2) CONFORMING AMENDMENT.—The table of sections for
such chapter is amended by inserting after the item relating
to section 1135 the following:
‘‘1136. Assistance to families of passengers involved in aircraft accidents.’’.
(b) PENALTIES.—Section 1155(a)(1) of such title is amended—
(1) by striking ‘‘or 1134(b) or (f)(1)’’ and inserting ‘‘, section
1134(b), section 1134(f)(1), or section 1136(g)’’; and
(2) by striking ‘‘either of’’ and inserting ‘‘any of’’.
SEC. 703. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF
PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.
(a) IN GENERAL.—Chapter 411 is amended by adding at the
end the following:
‘‘§ 41113. Plans to address needs of families of passengers
involved in aircraft accidents
‘‘(a) SUBMISSION OF PLANS.—Not later than 6 months after
the date of the enactment of this section, each air carrier holding
a certificate of public convenience and necessity under section 41102
of this title shall submit to the Secretary and the Chairman of
the National Transportation Safety Board a plan for addressing
the needs of the families of passengers involved in any aircraft
accident involving an aircraft of the air carrier and resulting in
a major loss of life.
‘‘(b) CONTENTS OF PLANS.—A plan to be submitted by an air
carrier under subsection (a) shall include, at a minimum, the
following:
‘‘(1) A plan for publicizing a reliable, toll-free telephone
number, and for providing staff, to handle calls from the fami-
lies of the passengers.
‘‘(2) A process for notifying the families of the passengers,
before providing any public notice of the names of the pas-
sengers, either by utilizing the services of the organization
designated for the accident under section 1136(a)(2) of this
title or the services of other suitably trained individuals.
‘‘(3) An assurance that the notice described in paragraph
(2) will be provided to the family of a passenger as soon as
the air carrier has verified that the passenger was aboard
the aircraft (whether or not the names of all of the passengers
have been verified) and, to the extent practicable, in person.
‘‘(4) An assurance that the air carrier will provide to the
director of family support services designated for the accident
under section 1136(a)(1) of this title, and to the organization
designated for the accident under section 1136(a)(2) of this
title, immediately upon request, a list (which is based on the
best available information at the time of the request) of the
names of the passengers aboard the aircraft (whether or not
such names have been verified), and will periodically update
the list.
‘‘(5) An assurance that the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within the control of the air carrier.
‘‘(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the control
of the air carrier (regardless of its condition) will be returned
to the family unless the possession is needed for the accident
investigation or any criminal investigation.
H. R. 3539—56
‘‘(7) An assurance that any unclaimed possession of a pas-
senger within the control of the air carrier will be retained
by the air carrier for at least 18 months.
‘‘(8) An assurance that the family of each passenger
will be consulted about construction by the air carrier of any
monument to the passengers, including any inscription on the
monument.
‘‘(9) An assurance that the treatment of the families of
nonrevenue passengers (and any other victim of the accident)
will be the same as the treatment of the families of revenue
passengers.
‘‘(10) An assurance that the air carrier will work with
any organization designated under section 1136(a)(2) of this
title on an ongoing basis to ensure that families of passengers
receive an appropriate level of services and assistance following
each accident.
‘‘(11) An assurance that the air carrier will provide reason-
able compensation to any organization designated under section
1136(a)(2) of this title for services provided by the organization.
‘‘(12) An assurance that the air carrier will assist the
family of a passenger in traveling to the location of the accident
and provide for the physical care of the family while the family
is staying at such location.
‘‘(13) An assurance that the air carrier will commit suffi-
cient resources to carry out the plan.
‘‘(c) CERTIFICATE REQUIREMENT.—After the date that is 6
months after the date of the enactment of this section, the Secretary
may not approve an application for a certificate of public conven-
ience and necessity under section 41102 of this title unless the
applicant has included as part of such application a plan that
meets the requirements of subsection (b).
‘‘(d) LIMITATION
ON LIABILITY.—An air carrier shall not be
liable for damages in any action brought in a Federal or State
court arising out of the performance of the air carrier in preparing
or providing a passenger list pursuant to a plan submitted by
the air carrier under subsection (b), unless such liability was caused
by conduct of the air carrier which was grossly negligent or which
constituted intentional misconduct.
‘‘(e) AIRCRAFT ACCIDENT
AND PASSENGER DEFINED.—In this
section, the terms ‘aircraft accident’ and ‘passenger’ have the mean-
ings such terms have in section 1136 of this title.’’.
(b) CONFORMING AMENDMENT.—The table of sections for such
chapter is amended by adding at the end the following:
‘‘41113. Plans to address needs of families of passengers involved in aircraft
accidents.’’.
SEC. 704. ESTABLISHMENT OF TASK FORCE.
(a) ESTABLISHMENT.—The Secretary of Transportation, in
cooperation with the National Transportation Safety Board, the
Federal Emergency Management Agency, the American Red Cross,
air carriers, and families which have been involved in aircraft
accidents shall establish a task force consisting of representatives
of such entities and families, representatives of air carrier employ-
ees, and representatives of such other entities as the Secretary
considers appropriate.
(b) GUIDELINES AND RECOMMENDATIONS.—The task force estab-
lished pursuant to subsection (a) shall develop—
H. R. 3539—57
(1) guidelines to assist air carriers in responding to aircraft
accidents;
(2) recommendations on methods to ensure that attorneys
and representatives of media organizations do not intrude on
the privacy of families of passengers involved in an aircraft
accident;
(3) recommendations on methods to ensure that the families
of passengers involved in an aircraft accident who are not
citizens of the United States receive appropriate assistance;
(4) recommendations on methods to ensure that State men-
tal health licensing laws do not act to prevent out-of-state
mental health workers from working at the site of an aircraft
accident or other related sites;
(5) recommendations on the extent to which military
experts and facilities can be used to aid in the identification
of the remains of passengers involved in an aircraft accident;
and
(6) recommendations on methods to improve the timeliness
of the notification provided by air carriers to the families of
passengers involved in an aircraft accident, including—
(A) an analysis of the steps that air carriers would
have to take to ensure that an accurate list of passengers
on board the aircraft would be available within 1 hour
of the accident and an analysis of such steps to ensure
that such list would be available within 3 hours of the
accident;
(B) an analysis of the added costs to air carriers and
travel agents that would result if air carriers were required
to take the steps described in subparagraph (A);
(C) an analysis of any inconvenience to passengers,
including flight delays, that would result if air carriers
were required to take the steps described in subparagraph
(A); and
(D) an analysis of the implications for personal privacy
that would result if air carriers were required to take
the steps described in subparagraph (A).
(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary shall transmit to Congress a report
containing the model plan and recommendations developed by the
task force under subsection (b).
SEC. 705. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title or any amendment made by this title
may be construed as limiting the actions that an air carrier may
take, or the obligations that an air carrier may have, in providing
assistance to the families of passengers involved in an aircraft
accident.
TITLE VIII—AIRPORT REVENUE
PROTECTION
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Airport Revenue Protection
Act of 1996’’.
H. R. 3539—58
SEC. 802. FINDINGS; PURPOSE.
(a) IN GENERAL.—Congress finds that—
(1) section 47107 of title 49, United States Code, prohibits
the diversion of certain revenue generated by a public airport
as a condition of receiving a project grant;
(2) a grant recipient that uses airport revenue for purposes
that are not airport related in a manner inconsistent with
chapter 471 of title 49, United States Code, illegally diverts
airport revenues;
(3) any diversion of airport revenues in violation of the
condition referred to in paragraph (1) undermines the interest
of the United States in promoting a strong national air
transportation system that is responsive to the needs of airport
users;
(4) the Secretary and the Administrator have not enforced
airport revenue diversion rules adequately and must have addi-
tional regulatory tools to increase enforcement efforts; and
(5) sponsors who have been found to have illegally diverted
airport revenues—
(A) have not reimbursed or made restitution to airports
in a timely manner; and
(B) must be encouraged to do so.
(b) PURPOSE.—The purpose of this title is to ensure that airport
users are not burdened with hidden taxation for unrelated munici-
pal services and activities by—
(1) eliminating the ability of any State or political subdivi-
sion thereof that is a recipient of a project grant to divert
airport revenues for purposes that are not related to an airport,
in violation of section 47107 of title 49, United States Code;
(2) imposing financial reporting requirements that are
designed to identify instances of illegal diversions referred to
in paragraph (1);
(3) establishing a statute of limitations for airport revenue
diversion actions;
(4) clarifying limitations on revenue diversion that are
permitted under chapter 471 of title 49, United States Code;
and
(5) establishing clear penalties and enforcement mecha-
nisms for identifying and prosecuting airport revenue diversion.
SEC. 803. DEFINITIONS.
For purposes of this title, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Aviation Administration.
(2) AIRPORT.—The term ‘‘airport’’ has the meaning provided
that term in section 47102(2) of title 49, United States Code.
(3) PROJECT
GRANT.—The term ‘‘project grant’’ has the
meaning provided that term in section 47102(14) of title 49,
United States Code.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
(5) SPONSOR.—The term ‘‘sponsor’’ has the meaning pro-
vided that term in section 47102(19) of title 49, United States
Code.
H. R. 3539—59
SEC. 804. RESTRICTION ON USE OF AIRPORT REVENUES.
(a) IN GENERAL.—Subchapter I of chapter 471, as amended
by section 142 of this Act, is further amended by adding after
section 47132 the following:
‘‘§ 47133. Restriction on use of revenues
‘‘(a) PROHIBITION.—Local taxes on aviation fuel (except taxes
in effect on December 30, 1987) or the revenues generated by
an airport that is the subject of Federal assistance may not be
expended for any purpose other than the capital or operating
costs of—
‘‘(1) the airport;
‘‘(2) the local airport system; or
‘‘(3) any other local facility that is owned or operated by
the person or entity that owns or operates the airport that
is directly and substantially related to the air transportation
of passengers or property.
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply if a provision
enacted not later than September 2, 1982, in a law controlling
financing by the airport owner or operator, or a covenant or assur-
ance in a debt obligation issued not later than September 2, 1982,
by the owner or operator, 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 obligations
or other facilities of the owner or operator.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to prevent the use of a State tax on aviation fuel to
support a State aviation 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 section) or section 47133 of this title may
be increased above the otherwise applicable maximum amount
under this section to an amount not to exceed 3 times the
amount of revenues that are used in violation of such section.’’.
(c) CONFORMING AMENDMENT.—The table of sections for such
subchapter is amended by inserting after the item relating to section
47132, as added by section 142 of this Act, the following:
‘‘47133. Restriction on use of revenues.’’.
SEC. 805. REGULATIONS; AUDITS AND ACCOUNTABILITY.
(a) IN GENERAL.—Section 47107 is amended by adding at the
end the following:
‘‘(m) AUDIT CERTIFICATION.—
‘‘(1) IN GENERAL.—The Secretary of Transportation, acting
through the Administrator of the Federal Aviation Administra-
tion, shall promulgate regulations that require a recipient of
a project grant (or any other recipient of Federal financial
assistance that is provided for an airport) to include as part
of an annual audit conducted under sections 7501 through
7505 of title 31, a review and opinion of the review concerning
the funding activities with respect to an airport that is the
subject of the project grant (or other Federal financial
H. R. 3539—60
assistance) and the sponsors, owners, or operators (or other
recipients) involved.
‘‘(2) CONTENT OF REVIEW.—A review conducted under para-
graph (1) shall provide reasonable assurances that funds paid
or transferred to sponsors are paid or transferred in a manner
consistent with the applicable requirements of this chapter
and any other applicable provision of law (including regulations
promulgated by the Secretary or the Administrator).
‘‘(3) REQUIREMENTS FOR AUDIT REPORT.—The report submit-
ted to the Secretary under this subsection shall include a spe-
cific determination and opinion regarding the appropriateness
of the disposition of airport funds paid or transferred to a
sponsor.
‘‘(n) RECOVERY OF ILLEGALLY DIVERTED FUNDS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the issu-
ance of an audit or any other report that identifies an illegal
diversion of airport revenues (as determined under subsections
(b) and (l) and section 47133), the Secretary, acting through
the Administrator, shall—
‘‘(A) review the audit or report;
‘‘(B) perform appropriate factfinding; and
‘‘(C) conduct a hearing and render a final determination
concerning whether the illegal diversion of airport revenues
asserted in the audit or report occurred.
‘‘(2) NOTIFICATION.—Upon making such a finding, the Sec-
retary, acting through the Administrator, shall provide written
notification to the sponsor and the airport of—
‘‘(A) the finding; and
‘‘(B) the obligations of the sponsor to reimburse the
airport involved under this paragraph.
‘‘(3) ADMINISTRATIVE ACTION.—The Secretary may withhold
any amount from funds that would otherwise be made available
to the sponsor, including funds that would otherwise be made
available to a State, municipality, or political subdivision
thereof (including any multimodal transportation agency or
transit authority of which the sponsor is a member entity)
as part of an apportionment or grant made available pursuant
to this title, if the sponsor—
‘‘(A) receives notification that the sponsor is required
to reimburse an airport; and
‘‘(B) has had an opportunity to reimburse the airport,
but has failed to do so.
‘‘(4) CIVIL ACTION.—If a sponsor fails to pay an amount
specified under paragraph (3) during the 180-day period begin-
ning on the date of notification and the Secretary is unable
to withhold a sufficient amount under paragraph (3), the Sec-
retary, acting through the Administrator, may initiate a civil
action under which the sponsor shall be liable for civil penalty
in an amount equal to the illegal diversion in question plus
interest (as determined under subsection (o)).
‘‘(5) DISPOSITION OF PENALTIES.—
‘‘(A) AMOUNTS
WITHHELD.—The Secretary or the
Administrator shall transfer any amounts withheld under
paragraph (3) to the Airport and Airway Trust Fund.
‘‘(B) CIVIL PENALTIES.—With respect to any amount
collected by a court in a civil action under paragraph (4),
the court shall cause to be transferred to the Airport and
H. R. 3539—61
Airway Trust Fund any amount collected as a civil penalty
under paragraph (4).
‘‘(6) REIMBURSEMENT.—The Secretary, acting through the
Administrator, shall, as soon as practicable after any amount
is collected from a sponsor under paragraph (4), cause to be
transferred from the Airport and Airway Trust Fund to an
airport affected by a diversion that is the subject of a civil
action under paragraph (4), reimbursement in an amount equal
to the amount that has been collected from the sponsor under
paragraph (4) (including any amount of interest calculated
under subsection (o)).
‘‘(7) STATUTE OF LIMITATIONS.—No person may bring an
action for the recovery of funds illegally diverted in violation
of this section (as determined under subsections (b) and (l))
or section 47133 after the date that is 6 years after the date
on which the diversion occurred.
‘‘(o) INTEREST.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary, acting through the Administrator, shall charge
a minimum annual rate of interest on the amount of any
illegal diversion of revenues referred to in subsection (n) in
an amount equal to the average investment interest rate for
tax and loan accounts of the Department of the Treasury (as
determined by the Secretary of the Treasury) for the applicable
calendar year, rounded to the nearest whole percentage point.
‘‘(2) ADJUSTMENT OF INTEREST RATES.—If, with respect to
a calendar quarter, the average investment interest rate for
tax and loan accounts of the Department of the Treasury
exceeds the average investment interest rate for the imme-
diately preceding calendar quarter, rounded to the nearest
whole percentage point, the Secretary of the Treasury may
adjust the interest rate charged under this subsection in a
manner that reflects that change.
‘‘(3) ACCRUAL.—Interest assessed under subsection (n) shall
accrue from the date of the actual illegal diversion of revenues
referred to in subsection (n).
‘‘(4) DETERMINATION OF APPLICABLE RATE.—The applicable
rate of interest charged under paragraph (1) shall—
‘‘(A) be the rate in effect on the date on which interest
begins to accrue under paragraph (3); and
‘‘(B) remain at a rate fixed under subparagraph (A)
during the duration of the indebtedness.
‘‘(p) PAYMENT BY AIRPORT TO SPONSOR.—If, in the course of
an audit or other review conducted under this section, the Secretary
or the Administrator determines that an airport owes a sponsor
funds as a result of activities conducted by the sponsor or expendi-
tures by the sponsor for the benefit of the airport, interest on
that amount shall be determined in the same manner as provided
in paragraphs (1) through (4) of subsection (o), except that the
amount of any interest assessed under this subsection shall be
determined from the date on which the Secretary or the Adminis-
trator makes that determination.’’.
(b) REVISION OF POLICIES AND PROCEDURES; DEADLINES.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary, acting through
the Administrator, shall revise the policies and procedures
established under section 47107(l) of title 49, United States
H. R. 3539—62
Code, to take into account the amendments made to that section
by this title.
(2) STATUTE OF LIMITATIONS.—Section 47107(l) is amended
by adding at the end the following:
‘‘(5) STATUTE OF LIMITATIONS.—In addition to the statute
of limitations specified in subsection (n)(7), with respect to
project grants made under this chapter—
‘‘(A) any request by a sponsor to any airport for addi-
tional payments for services conducted off of the airport
or for reimbursement for capital contributions or operating
expenses shall be filed not later than 6 years after the
date on which the expense is incurred; and
‘‘(B) any amount of airport funds that are used to
make a payment or reimbursement as described in
subparagraph (A) after the date specified in that subpara-
graph shall be considered to be an illegal diversion of
airport revenues that is subject to subsection (n).’’.
SEC. 806. CONFORMING AMENDMENTS TO THE INTERNAL REVENUE
CODE OF 1986.
Section 9502 of the Internal Revenue Code of 1986 is
amended—
(1) by striking ‘‘and’’ at the end of subsection (b)(3);
(2) by striking the period at the end of subsection (b)(4)
and inserting ‘‘, and’’; and
(3) by adding at the end of subsection (b) the following:
‘‘(5) amounts determined by the Secretary of the Treasury
to be equivalent to the amounts of civil penalties collected
under section 47107(n) of title 49, United States Code.’’; and
(4) by adding at the end of subsection (d) the following:
‘‘(5) TRANSFERS FROM THE AIRPORT AND AIRWAY TRUST FUND
ON ACCOUNT OF CERTAIN AIRPORTS.—The Secretary of the Treas-
ury may transfer from the Airport and Airway Trust Fund
to the Secretary of Transportation or the Administrator of
the Federal Aviation Administration an amount to make a
payment to an airport affected by a diversion that is the subject
of an administrative action under paragraph (3) or a civil
action under paragraph (4) of section 47107(n) of title 49,
United States Code.’’.
TITLE IX—METROPOLITAN
WASHINGTON AIRPORTS
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Metropolitan Washington Air-
ports Amendments Act of 1996’’.
SEC. 902. USE OF LEASED PROPERTY.
Section 6005(c)(2) of the Metropolitan Washington Airports Act
of 1986 (49 U.S.C. App. 2454(c)(2)) is amended by inserting before
the period at the end of the second sentence the following: ‘‘which
are not inconsistent with the needs of aviation’’.
H. R. 3539—63
SEC. 903. BOARD OF DIRECTORS.
(a) APPOINTMENT OF ADDITIONAL MEMBERS.—Section 6007(e)(1)
of the Metropolitan Washington Airports Act of 1986 (49 U.S.C.
App. 2456(e)(1)) is amended—
(1) in the matter preceding subparagraph (A) by striking
‘‘11’’ and inserting ‘‘13’’;
(2) in subparagraph (D) by striking ‘‘one member’’ and
inserting ‘‘three members’’.
(b) RESTRICTIONS.—Section 6007(e)(2) of the Metropolitan
Washington Airports Act of 1986 (49 U.S.C. App. 2456(e)(2)) is
amended by striking ‘‘except that’’ and all that follows through
the period and inserting ‘‘except that the members appointed by
the President shall be registered voters of States other than Mary-
land, Virginia, or the District of Columbia.’’.
(c) TERMS.—Section 6007(e)(3) of the Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2456(e)(3)) is amended—
(1) in subparagraph (B) by striking ‘‘and’’ at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) by the President after the date of the enactment
of this subparagraph, 1 shall be appointed for 4 years.
A member may serve after the expiration of that member’s
term until a successor has taken office.’’.
(d) VACANCIES.—Section 6007(e) of the Metropolitan Washing-
ton Airports Act of 1986 (49 U.S.C. App. 2456(e)) is amended
by redesignating paragraphs (4) and (5) as paragraphs (8) and
(9), respectively, and by inserting after paragraph (3) the following:
‘‘(4) VACANCIES.—A vacancy in the board of directors shall
be filled in the manner in which the original appointment
was made. Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member’s prede-
cessor was appointed shall be appointed only for the remainder
of such term.’’.
(e) POLITICAL PARTIES OF PRESIDENTIAL APPOINTEES.—Section
6007(e) of the Metropolitan Washington Airports Act of 1986 (49
U.S.C. App. 2456(e)) is amended by inserting after paragraph (4),
as inserted by subsection (d) of this section, the following:
‘‘(5) POLITICAL PARTIES OF PRESIDENTIAL APPOINTEES.—Not
more than 2 of the members of the board appointed by the
President may be of the same political party.’’.
(f) DUTIES OF PRESIDENTIAL APPOINTEES.—Section 6007(e) of
the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App.
2456(e)) is amended by inserting after paragraph (5), as inserted
by subsection (e) of this section, the following:
‘‘(6) DUTIES OF PRESIDENTIAL APPOINTEES.—In carrying out
their duties on the board, members of the board appointed
by the President shall ensure that adequate consideration is
given to the national interest.’’.
(g) DEADLINE
FOR
PRESIDENTIAL
APPOINTMENTS.—Section
6007(e) of the Metropolitan Washington Airports Act of 1986 (49
U.S.C. App. 2456(e)) is amended by inserting after paragraph (6),
as inserted by subsection (f) of this section, the following:
‘‘(7) DEADLINE FOR PRESIDENTIAL APPOINTMENTS.—
‘‘(A) DEADLINE.—The members to be appointed to the
board by the President under section 6007(e)(1)(D) shall
be appointed on or before September 30, 1997.
H. R. 3539—64
‘‘(B) APPLICABILITY OF LIMITATIONS.—If the deadline
of subparagraph (A) is not met, the Secretary and the
Airports Authority shall be subject to the limitations
described in subsection (i) for the period beginning on Octo-
ber 1, 1997, and ending on the first day on which all
of the members referred to in subparagraph (A) have been
appointed.’’.
(h) REQUIRED NUMBER OF VOTES.—Section 6007(e)(9) of the
Metropolitan Washington Airports Act of 1986 (49 U.S.C. App.
2456(e)(9)), as redesignated by subsection (d) of this section, is
amended by striking ‘‘Seven’’ and inserting ‘‘Eight’’.
SEC. 904. TERMINATION OF BOARD OF REVIEW.
(a) IN GENERAL.—Section 6007 of the Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2456) is amended by striking
subsections (f) and (h) and redesignating subsections (g) and (i)
as subsections (f) and (g), respectively.
(b) STAFF.—Section 6007 of the Metropolitan Washington Air-
ports Act of 1986 (49 U.S.C. App. 2456) is amended—
(1) by inserting paragraph (8) of subsection (f), as in effect
before the amendment made by subsection (a) of this section,
after subsection (g), as redesignated by such subsection (a);
(2) by moving such paragraph 2 ems to the left and
redesignating such paragraph as subsection (h); and
(3) in subsection (h), as so redesignated—
(A) in the first sentence by striking ‘‘The Board of
Review’’ and inserting ‘‘To assist the Secretary in carrying
out this Act, the Secretary’’; and
(B) in the second sentence by striking ‘‘Board’’ and
inserting ‘‘Secretary’’.
(c) CONFORMING AMENDMENTS.—The Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2451 et seq.) is amended—
(1) in section 6009(b) by striking ‘‘or by reason’’ and all
that follows before the period; and
(2) in section 6011 by striking ‘‘Except as provided in
section 6007(h), if’’ and inserting ‘‘If’’.
(d) PROTECTION OF CERTAIN ACTIONS.—Actions taken by the
Metropolitan Washington Airports Authority and required to be
submitted to the Board of Review pursuant to section 6007(f)(4)
of the Metropolitan Washington Airports Act of 1986 before the
date of the enactment of this Act shall remain in effect and shall
not be set aside solely by reason of a judicial order invalidating
certain functions of the Board of Review.
SEC. 905. LIMITATIONS.
Section 6007 of the Metropolitan Washington Airports Act of
1986 (49 U.S.C. App. 2456) is further amended by adding at the
end the following:
‘‘(i) LIMITATIONS.—After October 1, 2001—
‘‘(1) the Secretary may not approve an application of the
Airports Authority for an airport development project grant
under subchapter I of chapter 471 of title 49, United States
Code; and
‘‘(2) the Secretary may not approve an application of the
Airports Authority to impose a passenger facility fee under
section 40117 of such title.’’.
H. R. 3539—68
or a housing unit in a building owned by a cooperative) that
is located outside the contiguous United States if the cost
of the unit is $300,000 or less.
‘‘(2) ADJUSTMENTS FOR INFLATION.—For fiscal years begin-
ning after September 30, 1997, the Administrator may adjust
the dollar amount specified in paragraph (1) to take into
account increases in local housing costs.
‘‘(3) CONTINUING
OBLIGATIONS.—Notwithstanding section
1341 of title 31, the Administrator may purchase a housing
unit under paragraph (1) even if there is an obligation there-
after to pay necessary and reasonable fees duly assessed upon
such unit, including fees related to operation, maintenance,
taxes, and insurance.
‘‘(4) CERTIFICATION TO CONGRESS.—The Administrator may
purchase a housing unit under paragraph (1) only if, at least
30 days before completing the purchase, the Administrator
transmits to the Committee on Transportation and Infrastruc-
ture 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 of providing necessary
accommodations in carrying out this part.
‘‘(5) 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. 1202. CLARIFICATION OF PASSENGER FACILITY REVENUES 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
allowed by the Secretary.’’.
SEC. 1203. 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 Improvement Act of 1982, or any other law if the
airport is located within 2 miles of a United States Army depot
which has been closed or realigned; except that in the case of
disposal of the land associated with the airport, the part of the
proceeds from the disposal that is proportional to the Government’s
share of the cost of acquiring the land shall be paid to the Secretary
of Transportation for deposit in the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue Code
of 1986 (26 U.S.C. 9502).
H. R. 3539—69
SEC. 1204. GADSDEN AIR DEPOT, ALABAMA.
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section
16 of the Federal Airport Act (as in effect 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 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 subsection (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 described 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
pursuant to regulations issued by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport, lands (including any improve-
ments thereto) which produce revenues that are used for airport
development purposes, or both.
SEC. 1205. REGULATIONS AFFECTING INTRASTATE AVIATION 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 Aviation Administration shall
consider the extent to which Alaska is not served by transportation
modes other than aviation, and shall establish such regulatory
distinctions as the Administrator considers appropriate.
SEC. 1206. WESTCHESTER COUNTY AIRPORT, NEW YORK.
Notwithstanding sections 47107(b) and 47133 of title 49, United
States Code, and any other law, regulation, 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 section 119.31 of the Westchester County Charter if
the Secretary finds that the expenditures from such treasury for
the capital and operating costs of the Airport after December 31,
1990, have been and will be equal to or greater than the fees
that such treasury receives from the Airport.
SEC. 1207. BEDFORD AIRPORT, PENNSYLVANIA.
If the Administrator of the Federal Aviation Administration
decommissions an instrument landing system in Pennsylvania, the
Administrator may transfer and install the system at Bedford Air-
port, Pennsylvania.
SEC. 1208. WORCESTER MUNICIPAL AIRPORT, MASSACHUSETTS.
The Administrator of the Federal Aviation Administration shall
take such actions as may be necessary to improve the safety of
aircraft landing at Worcester Municipal Airport, Massachusetts,
including, if appropriate, providing air traffic radar service to such
airport from the Providence Approach Radar Control in Coventry,
Rhode Island.
H. R. 3539—70
SEC. 1209. CENTRAL FLORIDA AIRPORT, SANFORD, FLORIDA.
The Administrator of the Federal Aviation Administration shall
take such actions as may be necessary to improve the safety of
aircraft landing at Central Florida Airport, Sanford, Florida, includ-
ing, if appropriate, providing a new instrument landing system
on Runway 27R.
SEC. 1210. AIRCRAFT NOISE OMBUDSMAN.
Section 106, as amended by section 230 of this Act, is further
amended by adding at the end the following:
‘‘(q) AIRCRAFT NOISE OMBUDSMAN.—
‘‘(1) ESTABLISHMENT.—There shall be in the Administration
an Aircraft Noise Ombudsman.
‘‘(2) GENERAL DUTIES AND RESPONSIBILITIES.—The Ombuds-
man shall—
‘‘(A) be appointed by the Administrator;
‘‘(B) serve as a liaison with the public on issues regard-
ing 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.
‘‘(3) NUMBER OF FULL-TIME EQUIVALENT EMPLOYEES.—The
appointment of an Ombudsman under this subsection shall
not result in an increase in the number of full-time equivalent
employees in the Administration.’’.
SEC. 
1211. 
SPECIAL 
RULE 
FOR 
PRIVATELY 
OWNED 
RELIEVER
AIRPORTS.
Section 47109 is amended by adding at the end the following:
‘‘(c) SPECIAL RULE
FOR PRIVATELY OWNED RELIEVER AIR-
PORTS.—If a privately owned reliever airport contributes any lands,
easements, or rights-of-way to carry out a project under this sub-
chapter, the current fair market value of such lands, easements,
or rights-of-way shall be credited toward the non-Federal share
of allowable project costs.’’.
SEC. 1212. SENSE OF THE SENATE REGARDING THE FUNDING OF THE
FEDERAL AVIATION ADMINISTRATION.
(a) FINDINGS.—The Senate finds that—
(1) Congress is responsible for ensuring that the financial
needs of the Federal Aviation Administration, the agency that
performs the critical function of overseeing the Nation’s air
traffic control system and ensuring the safety of air travelers
in the United States, are met;
(2) aviation excise taxes that constitute the Airport and
Airway Trust Fund, which provides most of the funding for
the Federal Aviation Administration, have expired;
(3) the surplus in the Airport and Airway Trust Fund
will be spent by the Federal Aviation Administration by Decem-
ber 1996;
(4) the existing system of funding the Federal Aviation
Administration will not provide the agency with sufficient short-
term or long-term funding;
(5) this Act creates a sound process to review Federal
Aviation Administration funding and develop a funding system
to meet the Federal Aviation Administration’s long-term fund-
ing needs; and
H. R. 3539—71
(6) without immediate action by Congress to ensure that
the Federal Aviation Administration’s financial needs are met,
air travelers’ confidence in the system could be undermined.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
there should be an immediate enactment of an 18-month reinstate-
ment of the aviation excise taxes to provide short-term funding
for the Federal Aviation Administration.
SEC. 1213. RURAL AIR FARE STUDY.
(a) IN GENERAL.—The Secretary shall conduct a study to—
(1) compare air fares paid (calculated as both actual and
adjusted air fares) for air transportation on flights conducted
by commercial air carriers—
(A) between—
(i) nonhub airports located in small communities;
and
(ii) large hub airports; and
(B) between large hub airports;
(2) analyze—
(A) the extent to which passenger service that is pro-
vided from nonhub airports is provided on—
(i) regional commuter commercial air carriers; or
(ii) major air carriers;
(B) the type of aircraft employed in providing passenger
service at nonhub airports; and
(C) whether there is competition among commercial
air carriers with respect to the provision of air service
to passengers from nonhub airports.
(b) FINDINGS.—The Secretary shall include in the report of
the study conducted under subsection (a) findings concerning—
(1) whether passengers who use commercial air carriers
to and from rural areas (as defined by the Secretary) pay
a disproportionately greater price for that transportation than
passengers who use commercial air carriers between urban
areas (as defined by the Secretary);
(2) the nature of competition, if any, in rural markets
(as defined by the Secretary) for commercial air carriers;
(3) whether a relationship exists between higher air fares
and competition among commercial air carriers for passengers
traveling on jet aircraft from small communities (as defined
by the Secretary) and, if such a relation exists, the nature
of that relationship;
(4) the number of small communities that have lost air
service as a result of the deregulation of commercial air carriers
with respect to air fares;
(5) the number of small communities served by airports
with respect to which, after commercial air carrier fares were
deregulated, jet aircraft service was replaced by turboprop air-
craft service; and
(6) where such replacement occurred, any corresponding
decreases in available seat capacity for consumers at the air-
ports referred to in that subparagraph.
(c) REPORT.—Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit a final report
on the study carried out under subsection (a) to the Committee
on Commerce, Science, and Transportation of the Senate and the