H. R. 2739—28
(c) PUBLICATION.—The Secretary shall publish the list required
under subsection (a) not later than 30 days after the date of the
enactment of this Act. The Secretary shall publish a revision to
the list not later than 30 days after completing the revision under
subsection (b).
SEC. 508. CONTRACT TOWER ASSISTANCE.
The Secretary shall take appropriate action to assist commu-
nities where the Secretary deems such assistance appropriate in
obtaining the installation of a Level I Contract Tower for those
communities.
SEC. 509. DISCONTINUATION OF AVIATION SAFETY JOURNAL.
(a) IN GENERAL.—The Administrator may not publish, nor con-
tract with any other organization for the publication of, the maga-
zine known as the ‘‘Aviation Safety Journal’’.
(b) CANCELLATION OF EXISTING CONTRACTS.—Not later than
30 days after the date of the enactment of this Act, the Adminis-
trator shall cancel any existing contract for publication of the Avia-
tion Safety Journal.
SEC. 510. MONROE AIRPORT IMPROVEMENT.
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section
16 of the Federal Airport Act (as in effect on the date of transfer
of Selman Field, Louisiana, from the United States to the city
of Monroe, Louisiana), 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 term
contained in the 1949 deed of conveyance, or any other deed of
conveyance occurring subsequent to that initial transference and
before the date of enactment of this Act, under which the United
States conveyed certain property then constituting Selman Field,
Louisiana, to the city of Monroe, Louisiana, for airport purposes.
(b) CONDITIONS.—Any waiver granted under subsection (a) shall
be subject to the following conditions:
(1) The city of Monroe, Louisiana, 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 (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.
SEC. 511. SOLDOTNA AIRPORT IMPROVEMENT.
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section
16 of the Federal Airport Act (as in effect on December 12, 1963),
the Secretary is authorized, subject to the provisions of section
47153 of title 49, United States Code, and the provisions of sub-
section (b) of this section, to waive any of the terms contained
in the deed of conveyance dated December 12, 1963, under which
the United States conveyed certain property to the city of Soldotna,
Alaska, for airport purposes.
(b) CONDITIONS.—Any waiver granted under subsection (a) shall
be subject to the following conditions:
(1) The city of Soldotna, Alaska, shall agree that, in convey-
ing any interest in the property which the United States con-
H. R. 2739—29
veyed to the city by deed dated December 12, 1963, the city
will receive an amount for such interest which is equal to
the fair market value (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.
SEC. 512. STURGIS, KENTUCKY.
(a) AUTHORITY
TO
GRANT
WAIVERS.—Notwithstanding any
other provision of law, the Secretary is authorized, subject to section
47153 of title 49, United States Code, and subsection (b) of this
section, to waive with respect to such parcels of land, or portions
of such parcels, as the Administrator determines are no longer
required for airport purposes, from any term contained in the
deed of conveyance dated July 13, 1948, under which the United
States conveyed such property to the Union County Air Board,
State of Kentucky, for airport purposes of the Sturgis Municipal
Airport.
(b) CONDITIONS.—Any waiver granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The Union County Air Board shall agree that, in leasing
or conveying any interest in the property with respect to which
waivers are granted under subsection (a), such Board will
receive an amount that is equal to the fair lease value or
the fair market value, as the case may be (as determined
pursuant to regulations issued by the Secretary).
(2) Such Board shall use any amount so received only
for the development, improvement, operation, or maintenance
of the Sturgis Municipal Airport.
(3) Any other conditions that the Secretary considers nec-
essary to protect or advance the interests of the United States
in civil aviation.
SEC. 513. ROLLA AIRPORT IMPROVEMENT.
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section
16 of the Federal Airport Act (as in effect on December 30, 1957),
the Secretary is authorized, subject to the provisions of section
47153 of title 49, United States Code, and the provisions of sub-
section (b) of this section, to waive any of the terms contained
in the deed of conveyance dated December 30, 1957, or any other
deed of conveyance dated after such date and before the date
of enactment of this Act, under which the United States conveyed
certain property to the city of Rolla, Missouri, for airport purposes.
(b) CONDITIONS.—Any waiver under subsection (a) shall be
subject to the following conditions:
(1) The city of Rolla, Missouri, shall agree that, in convey-
ing any interest in the property which the United States con-
veyed 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 (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.
H. R. 2739—30
SEC. 514. PALM SPRINGS, CALIFORNIA.
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section
47153 of title 49, United States Code, and subject to the provisions
of subsection (b), the Secretary shall grant waivers from all of
the terms contained in the deed of conveyance dated September
15, 1949, under which the United States conveyed certain property
to Palm Springs, California, for airport purposes. The waivers shall
apply only to approximately 11 acres of lot 16 of section 13, and
approximately 39.07 acres of lots 19 and 20 of section 19, used
by the city of Palm Springs, California, for general governmental
purposes.
(b) CONDITIONS.—Any waiver granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The Secretary shall waive any requirement that there
be credited to the account of the airport any amount attrib-
utable to the city’s use for governmental purposes of any land
conveyed under the deed of conveyance referred to in subsection
(a) before the date of the enactment of this section.
(2) The city shall abandon all claims, against income of
the Palm Springs Regional Airport or other assets of that
airport, for reimbursement of general revenue funds that the
city may have expended before the date of the enactment of
this section for acquisition of 523.39 acres of land conveyed
August 28, 1961, for airport purposes and for expenses incurred
at any time in connection with such acquisition, and such
claims shall not be eligible for reimbursement under the Airport
and Airway Improvement Act or any successor law.
SEC. 515. REAL ESTATE TRANSFERS IN ALASKA AND WEATHER
OBSERVATION SERVICES.
(a) TRANSFER OF SITE IN LAKE MINCHUMINA, ALASKA.—The
Administrator shall convey to the Iditarod Area School District
the Federal Aviation Administration building number 106 and a
reasonable amount of land to make use of the property, at Lake
Minchumina, Alaska, for the purpose of providing educational facili-
ties, under the terms set forth in Agreement No. DTFA04–93–
J–82007, between the Federal Aviation Administration and the
Iditarod Area School District, and such other terms as are mutually
agreed on between the Administrator and the Iditarod Area School
District.
(b) TRANSFER OF SITE IN FORT YUKON, ALASKA.—The Adminis-
trator shall convey to the city of Fort Yukon, Alaska, the buildings
of the Federal Aviation Administration and land in Fort Yukon,
Alaska (described as that portion of Lot 4, U.S. Survey 7161, within
section 8, T.20 N., R.12E., Fairbanks Meridian consisting of 7.14
acres, and containing the health clinic and staff housing for the
aforementioned clinic) for the purpose of providing health services,
under terms that are mutually agreed on between the Administrator
and the city of Fort Yukon.
(c) WEATHER OBSERVATION SERVICES.—Not later than 90 days
after the date of the enactment of this Act, the Administrator
shall designate airports, as described in this section, and provide
human observers at such airports to offer real time weather
information to pilots by direct radio contact. Airports to be des-
ignated shall be located in a State that averaged, during the period
1989–1993, 3 or more accidents per year involving serious or fatal
injury to crew or passengers on regularly scheduled flights operating
H. R. 2739—31
single-engine aircraft under visual flight rules, and shall be des-
ignated as follows:
(1) Not to exceed 5 airports where terrain and conditions
do not lend themselves to IFR operations supported solely
by automated weather observing systems.
(2) Not to exceed 1 airport where an automated surface
observing system is scheduled to be accepted on September
1, 1994, with such weather services to be provided until such
time as the Administrator determines that the automated sur-
face observing system is fully operational.
(3) Not to exceed 8 airports (where such weather observa-
tion services shall be on a cost-reimbursable basis) that are
minor hub stations or strategic visual flight rules alternate
airports at times when an observer is needed to supplement
the automated weather observing system or immediately
replace it in the event of failure.
SEC. 516. RELOCATION OF AIRWAY FACILITIES.
Compensation received by the United States for transfer of
the San Jacinto Disposal Area by the United States to the city
of Galveston, Texas, shall include compensation to be provided
to the Federal Aviation Administration for all costs of establishing
airway facilities to replace existing airway facilities on the San
Jacinto Disposal Area. Such compensation shall include but is not
limited to compensation for the replacement of the land, clear
zones, buildings and equipment, and demolition and disposal of
the existing facilities on the San Jacinto Disposal Area.
SEC. 517. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT.
(a) NIGHTTIME OPERATIONS.—On and after November 1, 1994,
nighttime operations (takeoffs and landings) at Aspen-Pitkin County
Airport in the State of Colorado shall be allowed for a pilot operating
under instrumentflight rules or visual flight rules under parts
91 and 135 of title 14, Code of Federal Regulations, between 30
minutes after official sunset and 11 p.m., local time, as follows:
(1) A pilot may operate under instrument flight rules
between 30 minutes after official sunset and 11 p.m., local
time (or such other operating hours as are established uniformly
for all classes of operators), only if the pilot—
(A) is granted clearance by air traffic control;
(B) is instrument-rated;
(C) is operating an aircraft that is equipped as required
under section 91.205(d) of such title 14 for instrument
flight; and
(D) is operating an instrument approach or de-
parture procedure approved by the Federal Aviation
Administration.
(2) A pilot may operate under visual flight rules between
30 minutes after official sunset and 11:00 p.m., local time
(or such other operating hours as are established uniformly
for all classes of operators), only if the pilot—
(A) is instrument-rated;
(B) has completed at least one takeoff or landing in
the preceding 12 calendar months at such airport; and
(C) operates an aircraft equipped as required under
section 91.205(d) of such title 14 for instrument flight.
(b) COMMITMENTS
OF AIRPORT OWNER
OR OPERATOR.—The
owner or operator of the Aspen-Pitkin County Airport shall be
H. R. 2739—32
considered to be in compliance with the requirements of subchapter
II of chapter 475 of title 49, United States Code, and not otherwise
unjustly discriminatory when such owner or operator notifies the
Administrator that such owner or operator—
(1) commits to modify its existing regulation to expand
access to general aviation operations under such special operat-
ing restrictions as are created under subsection (a) and such
conditions applicable to aircraft noise certification as are cur-
rently in effect for night operations at such airport; and
(2) commits permanently not to enforce its 1990 regulatory
action eliminating the so-called ‘‘ski season exception’’ to its
nighttime curfew.
To remain in compliance, such owner or operator shall carry out
both such commitments on or before November 1, 1994.
(c) MOUNTAIN FLYING.—The Administrator shall issue a notice
of proposed rulemaking on mountain flying.
SEC. 518. COLLECTIVE BARGAINING AT WASHINGTON AIRPORTS.
(a) STUDY.—The Secretary and the Secretary of Labor shall
undertake a study of whether employees of airports operated by
the Metropolitan Washington Airports Authority (hereinafter in
this section referred to as the ‘‘Airports Authority’’) should be given
the right to bargain collectively. The study shall consider whether
the benefits of collective bargaining for employees of the Airports
Authority outweighs the burdens of collective bargaining.
(b) MATTERS TO BE CONSIDERED.—In conducting the study
under subsection (a), the Secretary and the Secretary of Labor
shall investigate the following matters and reach conclusions as
to the relevance of such matters to the question of whether employ-
ees of airports operated by the Airports Authority should be given
collective bargaining rights:
(1) The employment status of employees of the Airports
Authority.
(2) The wages and working conditions of firefighters and
other employees at the airports operated by the Airports
Authority and other airports.
(3) The collective bargaining rights of employees at the
airports operated by the Airports Authority and other airports.
(4) Whether other airports are governed by Federal labor
laws.
(5) The existing rights of employees of the Airports Author-
ity to collective representation regarding the terms and condi-
tions of employment.
(6) Any other factors that the Secretary and the Secretary
of Labor consider relevant to the study.
In conducting such study, the Secretary and the Secretary of Labor
shall also consider procedures for impass resolution of collective
bargaining disputes that will avoid the disruption of essential public
services at the Airports Authority.
(c) REPORT.—Not later than March 1, 1995, the Secretary and
the Secretary of Labor shall transmit to Congress a report contain-
ing the results of the study to be conducted under subsection
(a). If the study concludes that employees of the airports operated
by the Airports Authority should be afforded collective bar-
gaining rights, the report shall also include specific legislative
recommendations.
H. R. 2739—33
SEC. 519. REPORT ON CERTAIN BILATERAL NEGOTIATIONS.
The Secretary shall report every other month to the Committee
on Public Works and Transportation of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate on the status of all active aviation bilateral and multilat-
eral negotiations and informal government-to-government consulta-
tions with United States aviation trade partners.
SEC. 520. STUDY ON INNOVATIVE FINANCING.
(a) STUDY.—The Secretary shall conduct a study on innovative
approaches for using Federal funds to finance airport development
as a means of supplementing financing available under the Airport
Improvement Program.
(b) MATTERS TO BE CONSIDERED.—In conducting the study
under subsection (a), the Secretary shall consider, at a minimum,
the following:
(1) Mechanisms that will produce greater investments in
airport development per dollar of Federal expenditure.
(2) Approaches that would permit entering into agreements
with non-Federal entities, such as airport sponsors, for the
loan of Federal funds, guarantee of loan repayment, or purchase
of insurance or other forms of enhancement for borrower debt,
including the use of unobligated Airport Improvement Program
contract authority and unobligated balances in the Airport and
Airway Trust Fund.
(3) Means to lower the cost of financing airport develop-
ment.
(c) CONSULTATION.—In considering innovative financing pursu-
ant to this section, the Secretary may consult with airport owners
and operators and public and private sector experts.
(d) REPORT TO CONGRESS.—Not later than 12 months after
the date of the enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study conducted under
subsection (a).
SEC. 521. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.
(a) STUDY.—Not later than 30 days after the date of the enact-
ment of this Act, the Secretary, in cooperation with the National
Transportation Safety Board, the National Guard, and the Juneau
International Airport, shall undertake a study of the safety of
the approaches to the Juneau International Airport.
(b) MATTERS TO BE CONSIDERED.—In conducting the study
under subsection (a), the Secretary shall examine—
(1) the crash of Alaska Airlines Flight 1866 on September
4, 1971;
(2) the crash of a Lear Jet on October 22, 1985;
(3) the crash of an Alaska Army National Guard aircraft
on November 12, 1992;
(4) the adequacy of NAVAIDs in the vicinity of the Juneau
International Airport;
(5) the possibility of inaccurate data from Sisters Island
DVOR and the possibility of confusion between Elephant Island
Non-Directional Beacon and Coghlan Island Non-Directional
Beacon;
(6) the need for a singular Approach Surveillance Radar
site on top of Heintzleman Ridge;
H. R. 2739—34
(7) the need for a Terminal Very High Frequency Omni-
Directional Range (Terminal VOR) navigational aid in Gasti-
neau Channel; and
(8) any other matter that a participant in the study speci-
fied in subsection (a) considers appropriate to the safety of
aircraft approaching or leaving the Juneau International Air-
port.
(c) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to the Commit-
tee on Commerce, Science, and Transportation of the Senate and
the Committee on Public Works and Transportation of the House
of Representatives a report which—
(1) details the matters considered by the study conducted
under subsection (a);
(2) summarizes any conclusions reached by the participants
in the study;
(3) proposes specific recommendations to improve or
enhance the safety of aircraft approaching or leaving the
Juneau International Airport or contains a detailed explanation
of why no recommendations are being proposed;
(4) estimates the cost of any proposed recommendations;
(5) includes any other matters the Secretary deems appro-
priate; and
(6) includes any minority views if a consensus is not
reached among the participants in the study specified in sub-
section (a).
SEC. 522. STUDY ON CHILD RESTRAINT SYSTEMS.
(a) STUDY.—The Secretary shall conduct a study on the avail-
ability, effectiveness, cost, and usefulness of restraint systems that
may offer protection to a child carried in the lap of an adult
aboard an air carrier aircraft or provide for the attachment of
a child restraint device to the aircraft.
(b) STUDY CRITERIA.—Among other issues, the study shall
examine the impact of the following:
(1) The direct cost to families of requiring air carriers
to provide restraint systems and requiring infants to use them,
including whether airlines will charge a fare for use of seats
containing infant restraining systems; such estimate to cover
a ten-year period.
(2) The impact on air carrier aircraft passenger volume
by requiring use of infant restraint systems, including whether
families will choose to travel to destinations by other means,
including automobiles; such estimate to cover a ten-year period.
(3) The impact over a 10-year period on fatality rates
of infants using other modes of transportation, including
automobiles.
(4) The efficacy of infant restraint systems currently mar-
keted as able to be used for air carrier aircraft.
(c) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives a report on the results of the study conducted
under subsection (a).
H. R. 2739—35
SEC. 523. SENSE OF SENATE RELATING TO DOT INSPECTOR GENERAL.
It is the sense of the Senate that the Inspector General of
the Department of Transportation in carrying out the duties and
responsibilities of the Inspector General Act of 1978 has oversight
responsibilities and may conduct and supervise audits and inves-
tigations relating to any funds appropriated by the Congress and
made available for any programs or operations at Washington
National Airport and Washington Dulles International Airport, and
that the Inspector General shall—
(1) provide leadership and coordination and recommend
policies for activities designed to promote the economy, effi-
ciency, and effectiveness of such programs and operations;
(2) act to prevent and detect fraud and abuse in such
programs and operations; and
(3) inform the Secretary and the Congress about problems
and deficiencies relating to the administration of such programs
and operations.
SEC. 524. SENSE OF SENATE ON ISSUANCE OF REPORT ON USAGE
OF RADAR AT THE CHEYENNE, WYOMING, AIRPORT.
It is the sense of the Senate that the Secretary should—
(1) take such action as may be necessary to revise the
cost and benefit analysis process of the Department of Transpor-
tation to fully take projected military enplanement and cost
savings figures into consideration with regard to radar installa-
tions at joint-use civilian and military airports;
(2) require the Administrator to reevaluate the aircraft
radar needs at the Cheyenne, Wyoming, airport and enter
into an immediate dialogue with officials of the Wyoming Air
Guard, F.E. Warren Air Force Base, and Cheyenne area leaders
in the phase II radar installation reevaluation of the Adminis-
tration and adjust cost and benefit determinations based to
some appropriate degree on already provided military figures
and concerns and other enplanement projections in the region;
and
(3) report to Congress not later than 60 days after the
date of the enactment of this Act on the results of the reevalua-
tion of the aircraft radar needs of the Cheyenne, Wyoming,
airport and of Southeast Wyoming, and explain how military
figures and concerns will be appropriately solicited in future
radar decisions involving joint-use airport facilities.
SEC. 525. NORTH KOREA.
(a) FINDINGS.—(1) President Clinton stated in November 1993
that it is the official policy of the United States that North Korea
cannot be allowed to become a nuclear power.
(2) The United States seeks to persuade North Korea, through
negotiations, the imposition of sanctions, or other means, to act
in accordance with its freely undertaken obligations under the
Treaty on the Non-Proliferation of Nuclear Weapons and to abandon
its efforts to develop nuclear weapons.
(3) North Korea has repeatedly threatened to withdraw from
the Treaty on the Non-Proliferation of Nuclear Weapons, has
resisted efforts of the International Atomic Energy Agency to con-
duct effective inspections of its nuclear program, and has stated
that it would consider the imposition of economic sanctions as
an act of war and has threatened retaliatory action.
H. R. 2739—36
(4) The North Korean Government has constructed and has
operated a reprocessing facility at Yongbyon solely designed to
convert spent nuclear fuel into plutonium with which to make
nuclear weapons. Further, the existence of this facility and the
development of these weapons gravely threaten security in the
region and increases the likelihood of worldwide nuclear terrorism.
(5) The Secretary of Defense stated that the United States
must act on the assumption that there will be some increase in
the risk of war if sanctions are imposed on North Korea.
(6) It is incumbent on the United States to take all necessary
and prudent action to act together with the Republic of Korea
to ensure the preparedness of United States and Republic of Korea
forces to repel as quickly as possible any attack from North
Korea and to protect the safety and security of United States and
Republic of Korea forces, as well as the safety and security of
the civilian population of the peninsula.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
the United States should immediately take all necessary and pru-
dent actions to enhance the preparedness and safety of United
States forces and urge and assist the Republic of Korea to do
likewise in order to deter and, if necessary, repel an attack from
North Korea.
SEC. 526. SENSE OF SENATE ON FINAL REGULATIONS UNDER CIVIL
RIGHTS ACT OF 1964.
(a) FINDINGS.—The Senate finds that—
(1) the liberties protected by our Constitution include reli-
gious liberty protected by the first amendment;
(2) citizens of the United States profess the beliefs of almost
every conceivable religion;
(3) Congress has historically protected religious expression
even from governmental action not intended to be hostile to
religion;
(4) the Supreme Court has written that ‘‘the free exercise
of religion means, first and foremost, the right to believe and
profess whatever religious doctrine one desires’’;
(5) the Supreme Court has firmly settled that under our
Constitution the public expression of ideas may not be prohib-
ited merely because the content of the ideas is offensive to
some;
(6) Congress enacted the Religious Freedom Restoration
Act of 1993 to restate and make clear again our intent and
position that religious liberty is and should forever be granted
protection from unwarranted and unjustified government intru-
sions and burdens;
(7) the Equal Employment Opportunity Commission has
written proposed guidelines to title VII of the Civil Rights
Act of 1964, published in the Federal Register on October
1, 1993, that may result in the infringement of religious liberty;
(8) such guidelines do not appropriately resolve issues
related to religious liberty and religious expression in the work-
place;
(9) properly drawn guidelines for the determination of reli-
gious harassment should provide appropriate guidance to
employers and employees and assist in the continued preserva-
tion of religious liberty as guaranteed by the first amendment;