H. R. 2739—19
Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of Represent-
atives a report containing the results of such examination.
‘‘(f) RULEMAKING.—The Secretary shall conduct a rulemaking
proceeding based on the results of the study described in subsection
(e). In the course of such proceeding, the Secretary shall issue
a notice of proposed rulemaking not later than August 1, 1995,
and shall issue a final rule not later than 90 days after public
comments are due on the notice of proposed rulemaking.
‘‘(g) WEEKEND OPERATIONS.—The Secretary shall consider the
advisability of revising section 93.227 of title 14, Code of Federal
Regulations, so as to eliminate weekend schedules from the deter-
mination of whether the 80 percent standard of subsection (a)(1)
of that section has been met.
‘‘(h) DEFINITIONS.—In this section and section 41734(h), the
following definitions apply:
‘‘(1) COMMUTER AIR CARRIER.—The term ‘commuter air car-
rier’ means a commuter operator as defined or applied in sub-
part K or S of part 93 of title 14, Code of Federal Regulations.
‘‘(2) HIGH DENSITY AIRPORT.—The term ‘high density air-
port’ means an airport at which the Administrator limits the
number of instrument flight rule takeoffs and landings of air-
craft.
‘‘(3) NEW ENTRANT AIR CARRIER.—The term ‘new entrant
air carrier’ means an air carrier that does not hold a slot
at the airport concerned and has never sold or given up a
slot at that airport after December 16, 1985, and a limited
incumbent carrier as defined in subpart S of part 93 of title
14, Code of Federal Regulations.
‘‘(4) SLOT.—The term ‘slot’ means a reservation for an
instrument flight rule takeoff or landing by an air carrier
of an aircraft in air transportation.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 417 of
subtitle VII is amended by inserting after the item relating to
section 41713 the following:
‘‘41714. Availability of slots.’’.
(c) NONCONSIDERATION OF SLOT AVAILABILITY.—Section 41734
is amended by adding at the end the following:
‘‘(h) NONCONSIDERATION OF SLOT AVAILABILITY.—In determin-
ing what is basic essential air service and in selecting an air
carrier to provide such service, the Secretary shall not consider
as a factor whether slots at a high density airport are available
for providing such service.’’.
SEC. 207. AIR SERVICE TERMINATION NOTICE.
(a) IN GENERAL.—Subchapter I of chapter 417 of subtitle VII
is further amended by adding at the end the following new section:
‘‘§ 41715. Air service termination notice
‘‘(a) IN GENERAL.—An air carrier may not terminate interstate
air transportation from a nonhub airport included on the Secretary’s
latest published list of such airports, unless such air carrier has
given the Secretary at least 45 days’ notice before such termination.
‘‘(b) EXCEPTIONS.—The requirements of subsection (a) shall not
apply when—
H. R. 2739—20
‘‘(1) the carrier involved is experiencing a sudden or unfore-
seen financial emergency, including natural weather related
emergencies, equipment-related emergencies, and strikes;
‘‘(2) the termination of transportation is made for seasonal
purposes only;
‘‘(3) the carrier involved has operated at the affected
nonhub airport for 180 days or less;
‘‘(4) the carrier involved provides other transportation by
jet from another airport serving the same community as the
affected nonhub airport; or
‘‘(5) the carrier involved makes alternative arrangements,
such as a change of aircraft size, or other types of arrangements
with a part 121 or part 135 air carrier, that continues uninter-
rupted service from the affected nonhub airport.
‘‘(c) WAIVERS
FOR
REGIONAL/COMMUTER
CARRIERS.—Before
January 1, 1995, the Secretary shall establish terms and conditions
under which regional/commuter carriers can be excluded from the
termination notice requirement.
‘‘(d) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) NONHUB AIRPORT.—The term ‘nonhub airport’ has the
meaning that term has under section 41731(a)(3).
‘‘(2) PART 121 AIR CARRIER.—The term ‘part 121 air carrier’
means an air carrier to which part 121 of title 14, Code of
Federal Regulations, applies.
‘‘(3) PART 135 AIR CARRIER.—The term ‘part 135 air carrier’
means an air carrier to which part 135 of title 14, Code of
Federal Regulations, applies.
‘‘(4) REGIONAL/COMMUTER CARRIERS.—The term ‘regional/
commuter carrier’ means—
‘‘(A) a part 135 air carrier; or
‘‘(B) a part 121 air carrier that provides air transpor-
tation exclusively with aircraft having a seating capacity
of no more than 70 passengers.
‘‘(5) TERMINATION.—The term ‘termination’ means the ces-
sation of all service at an airport by an air carrier.’’.
(b) CONFORMING AMENDMENTS.—The analysis of such chapter
417 is amended by inserting after the item relating to section
41714 the following new item:
‘‘41715. Air service termination notice.’’.
(c) CIVIL PENALTIES.—Section 46301(a), as amended by section
1121(d) of this Act, is further amended—
(1) in paragraph (1)(A) by inserting ‘‘, or 41715’’ before
‘‘of this title;’’;
(2) in paragraph (4) by inserting ‘‘(other than a violation
of section 41715)’’ after ‘‘violation’’ the second and third place
it appears; and
(3) by adding at the end the following:
‘‘(6) Notwithstanding paragraph (1), the maximum civil penalty
for violating section 41715 shall be $5,000 instead of $1,000.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on February 1, 1995.
SEC. 208. STATE TAXATION OF AIR CARRIER EMPLOYEES.
Section 40116(f) is amended by adding at the end the following:
‘‘(3) Compensation paid by an air carrier to an employee
described in subsection (a) in connection with such employee’s
H. R. 2739—21
authorized leave or other authorized absence from regular duties
on the carrier’s aircraft in order to perform services on behalf
of the employee’s airline union shall be subject to the income
tax laws of only the following:
‘‘(A) The State or political subdivision of the State that
is the residence of the employee.
‘‘(B) The State or political subdivision of the State in which
the employee’s scheduled flight time would have been more
than 50 percent of the employee’s total scheduled flight time
for the calendar year had the employee been engaged full
time in the performance of regularly assigned duties on the
carrier’s aircraft.’’.
SEC. 209. FOREIGN FEE COLLECTION.
Section 45301 is amended—
(1) in subsection (b) by striking ‘‘This section’’ and inserting
‘‘Subsection (a)’’; and
(2) by adding at the end the following:
‘‘(c) RECOVERY OF COST OF FOREIGN AVIATION SERVICES.—
‘‘(1) ESTABLISHMENT
OF
FEES.—The Administrator may
establish and collect fees for providing or carrying out the
following aviation services outside the United States: any test,
authorization, certificate, permit, rating, evaluation, approval,
inspection, review.
‘‘(2) FOREIGN REPAIR STATION CERTIFICATION AND INSPEC-
TION
FEES.—The Administrator must establish and collect
under this subsection fees for certification and inspection of
repair stations outside of the United States.
‘‘(3) LEVEL OF FEES.—Fees shall be established under this
subsection as necessary to recover the additional cost of provid-
ing or carrying out such services outside the United States,
as compared to the cost of providing or carrying out such
services within the United States; except that the Administrator
may for such services as the Administrator designates (and
shall for certification and inspection of repair stations outside
the United States) establish fees at a level necessary to recover
the full cost of providing such services.
‘‘(4) EFFECT ON OTHER AUTHORITY.—The provisions of this
subsection do not limit the Administrator’s authority to estab-
lish and collect fees under subsection (a).
‘‘(5) CREDITING OF PREESTABLISHED FEES.—Fees described
in paragraph (1) that were not established before the date
of the enactment of this subsection may be credited in accord-
ance with section 45302(d).’’.
TITLE III—RESEARCH, ENGINEERING,
AND DEVELOPMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Federal Aviation Administration
Research, Engineering, and Development Authorization Act of
1994’’.
H. R. 2739—22
SEC. 302. AVIATION RESEARCH AUTHORIZATION OF APPROPRIA-
TIONS.
Section 48102(a) of title 49, United States Code, is amended
by striking paragraphs (1) and (2) and inserting the following:
‘‘(1) for fiscal year 1995—
‘‘(A) $7,673,000 for management and analysis projects
and activities;
‘‘(B) $80,901,000 for capacity and air traffic manage-
ment technology projects and activities;
‘‘(C) $39,242,000 for communications, navigation, and
surveillance projects and activities;
‘‘(D) $2,909,000 for weather projects and activities;
‘‘(E) $8,660,000 for airport technology projects and
activities;
‘‘(F) $51,004,000 for aircraft safety technology projects
and activities;
‘‘(G) $36,604,000 for system security technology
projects and activities;
‘‘(H) $26,484,000 for human factors and aviation medi-
cine projects and activities;
‘‘(I) $8,124,000 for environment and energy projects
and activities; and
‘‘(J) $5,199,000 for innovative/cooperative research
projects and activities; and
‘‘(2) for fiscal year 1996—
‘‘(A) $8,056,000 for management and analysis projects
and activities;
‘‘(B) $84,946,000 for capacity and air traffic manage-
ment technology projects and activities;
‘‘(C) $41,204,000 for communications, navigation, and
surveillance projects and activities;
‘‘(D) $3,054,000 for weather projects and activities;
‘‘(E) $9,093,000 for airport technology projects and
activities;
‘‘(F) $53,554,000 for aircraft safety technology projects
and activities;
‘‘(G) $38,434,000 for system security technology
projects and activities;
‘‘(H) $27,808,000 for human factors and aviation medi-
cine projects and activities;
‘‘(I) $8,532,000 for environment and energy projects
and activities; and
‘‘(J) $5,459,000 for innovative/cooperative research
projects and activities.’’.
SEC. 303. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM.
(a) ESTABLISHMENT.—The Administrator, in consultation with
the heads of other appropriate Federal agencies, shall jointly estab-
lish a program to conduct research on aviation technologies that
enhance United States competitiveness. The program shall
include—
(1) next-generation satellite communications, including
global positioning satellites;
(2) advanced airport and airplane security;
(3) environmentally compatible technologies, including
technologies that limit or reduce noise and air pollution;
(4) advanced aviation safety programs; and
H. R. 2739—23
(5) technologies and procedures to enhance and improve
airport and airway capacity.
(b) PROCEDURES FOR CONTRACTS AND GRANTS.—The Adminis-
trator and the heads of the other appropriate Federal agencies
shall administer contracts and grants entered into under the pro-
gram established under subsection (a) in accordance with proce-
dures developed jointly by the Administrator and the heads of
the other appropriate Federal agencies. The procedures should
include an integrated acquisition policy for contract and grant
requirements and for technical data rights that are not an impedi-
ment to joint programs among the Federal Aviation Administration,
the other Federal agencies involved, and industry.
(c) PROGRAM ELEMENTS.—The program established under sub-
section (a) shall include—
(1) selected programs that jointly enhance public and pri-
vate aviation technology development;
(2) an opportunity for private contractors to be involved
in such technology research and development; and
(3) the transfer of Government-developed technologies to
the private sector to promote economic strength and competi-
tiveness.
(d) AUTHORIZATION OF APPROPRIATIONS.—Of amounts author-
ized to be appropriated for fiscal years 1995 and 1996 under section
48102(a) of title 49, United States Code, as amended by section
302 of this title, there are authorized to be appropriated for fiscal
years 1995 and 1996, respectively, such sums as may be necessary
to carry out this section.
SEC. 304. AIRCRAFT CABIN AIR QUALITY RESEARCH PROGRAM.
(a) ESTABLISHMENT.—The Administrator, in consultation with
the heads of other appropriate Federal agencies, shall establish
a research program to determine—
(1) what, if any, aircraft cabin air conditions, including
pressure altitude systems, on flights within the United States
are harmful to the health of airline passengers and crew, as
indicated by physical symptoms such as headaches, nausea,
fatigue, and lightheadedness; and
(2) the risk of airline passengers and crew contracting
infectious diseases during flight.
(b) CONTRACT WITH CENTER FOR DISEASE CONTROL.—In carry-
ing out the research program established under subsection (a),
the Administrator and the heads of the other appropriate Federal
agencies shall contract with the Center for Disease Control and
other appropriate agencies to carry out any studies necessary to
meet the goals of the program set forth in subsection (c).
(c) GOALS.—The goals of the research program established
under subsection (a) shall be—
(1) to determine what, if any, cabin air conditions currently
exist on domestic aircraft used for flights within the United
States that could be harmful to the health of airline passengers
and crew, as indicated by physical symptoms such as headaches,
nausea, fatigue, and lightheadedness, and including the risk
of infection by bacteria and viruses;
(2) to determine to what extent, changes in, cabin air
pressure, temperature, rate of cabin air circulation, the quantity
of fresh air per occupant, and humidity on current domestic
H. R. 2739—24
aircraft would reduce or eliminate the risk of illness or discom-
fort to airline passengers and crew; and
(3) to establish a long-term research program to examine
potential health problems to airline passengers and crew that
may arise in an airplane cabin on a flight within the United
States because of cabin air quality as a result of the conditions
and changes described in paragraphs (1) and (2).
(d) PARTICIPATION.—In carrying out the research program
established under subsection (a), the Administrator shall encourage
participation in the program by representatives of aircraft manufac-
turers, air carriers, aviation employee organizations, airline pas-
sengers, and academia.
(e) REPORT.—(1) Within six months after the date of enactment
of this Act, the Administrator shall submit to the Congress a
plan for implementation of the research program established under
subsection (a).
(2) The Administrator shall annually submit to the Congress
a report on the progress made during the year for which the
report is submitted toward meeting the goals set forth in subsec-
tion (c).
(f) AUTHORIZATION OF APPROPRIATIONS.—Of amounts author-
ized to be appropriated for fiscal years 1995 and 1996 under section
48102(a) of title 49, United States Code, as amended by section
302 of this title, there are authorized to be appropriated for fiscal
years 1995 and 1996, respectively, such sums as may be necessary
to carry out this section.
SEC. 305. USE OF DOMESTIC PRODUCTS.
(a) PROHIBITION AGAINST FRAUDULENT USE OF ‘‘MADE IN AMER-
ICA’’ LABELS.—(1) A person shall not intentionally affix a label
bearing the inscription of ‘‘Made in America’’, or any inscription
with that meaning, to any product sold in or shipped to the United
States, if that product is not a domestic product.
(2) A person who violates paragraph (1) shall not be eligible
for any contract for a procurement carried out with amounts
authorized under this title, including any subcontract under such
a contract pursuant to the debarment, suspension, and ineligibility
procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal
Regulations, or any successor procedures thereto.
(b) COMPLIANCE WITH BUY AMERICAN ACT.—(1) Except as pro-
vided in paragraph (2), the head of each office within the Federal
Aviation Administration that conducts procurements shall ensure
that such procurements are conducted in compliance with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a through
10c, popularly known as the ‘‘Buy American Act’’).
(2) This subsection shall apply only to procurements made
for which—
(A) amounts are authorized by this title to be made avail-
able; and
(B) solicitations for bids are issued after the date of the
enactment of this Act.
(3) The Secretary, before January 1, 1995, shall report to the
Congress on procurements covered under this subsection of products
that are not domestic products.
(c) DEFINITIONS.—For the purposes of this section, the term
‘‘domestic product’’ means a product—
H. R. 2739—25
(1) that is manufactured or produced in the United States;
and
(2) at least 50 percent of the cost of the articles, materials,
or supplies of which are mined, produced, or manufactured
in the United States.
SEC. 306. PURCHASE OF AMERICAN MADE EQUIPMENT AND PROD-
UCTS.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
any recipient of a grant under this title, or under any amendment
made by this title, should purchase, when available and cost-effec-
tive, American made equipment and products when expending grant
monies.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In allocating grants
under this title, or under any amendment made by this title, the
Secretary shall provide to each recipient a notice describing the
statement made in subsection (a) by the Congress.
SEC. 307. COOPERATIVE AGREEMENTS FOR RESEARCH, ENGINEER-
ING, AND DEVELOPMENT.
Section 44505 of title 49, United States Code, is amended
by adding at the end the following new subsection:
‘‘(d) COOPERATIVE AGREEMENTS.—The Administrator may enter
into cooperative agreements on a cost-shared basis with Federal
and non-Federal entities that the Administrator may select in order
to conduct, encourage, and promote aviation research, engineering,
and development, including the development of prototypes and dem-
onstration models.’’.
SEC. 308. RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY.
(a) IN GENERAL.—Subchapter I of chapter 475 of part B of
subtitle VII is amended by adding at the end the following new
section:
‘‘§ 47509. Research program on quiet aircraft technology for
propeller and rotor driven aircraft
‘‘(a) ESTABLISHMENT.—The Administrator of the Federal Avia-
tion Administration and the Administrator of the National Aero-
nautics and Space Administration shall conduct a study to identify
technologies for noise reduction of propeller driven aircraft and
rotorcraft.
‘‘(b) GOAL.—The goal of the study conducted under subsection
(a) is to determine the status of research and development now
underway in the area of quiet technology for propeller driven air-
craft and rotorcraft, including technology that is cost beneficial,
and to determine whether a research program to supplement exist-
ing research activities is necessary.
‘‘(c) PARTICIPATION.—In conducting the study required under
subsection (a), the Administrator of the Federal Aviation Adminis-
tration and the Administrator of the National Aeronautics and
Space Administration shall encourage the participation of the
Department of Defense, the Department of the Interior, the airtour
industry, the aviation industry, academia and other appropriate
groups.
‘‘(d) REPORT.—Not less than 280 days after the date of the
enactment of this section, the Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics
H. R. 2739—26
and Space Administration shall transmit to Congress a report on
the results of the study required under subsection (a).
‘‘(e) RESEARCH AND DEVELOPMENT PROGRAM.—If the Adminis-
trator of the Federal Aviation Administration and the Administrator
of the National Aeronautics and Space Administration determine
that additional research and development is necessary and would
substantially contribute to the development of quiet aircraft tech-
nology, then the agencies shall conduct an appropriate research
program in consultation with the entities listed in subsection (c)
to develop safe, effective, and economical noise reduction technology
(including technology that can be applied to existing propeller driven
aircraft and rotorcraft) that would result in aircraft that operate
at substantially reduced levels of noise to reduce the impact of
such aircraft and rotorcraft on the resources of national parks
and other areas.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating
to section 47508 the following new item:
‘‘47509. Research program on quiet aircraft technology for propeller and rotor driven
aircraft.’’.
TITLE IV—EXTENSION OF AIRPORT AND
AIRWAY TRUST FUND EXPENDITURE
AUTHORITY
SEC. 401. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Paragraph (1) of section 9502(d) of the Internal Revenue Code
of 1986 (relating to expenditures from Airport and Airway Trust
Fund) is amended—
(1) by striking ‘‘October 1, 1995’’ and inserting ‘‘October
1, 1996’’;
(2) by inserting ‘‘or the Airport and Airway Safety, Capac-
ity, Noise Improvement, and Intermodal Transportation Act
of 1992’’ after ‘‘Capacity Expansion Act of 1990’’ in subpara-
graph (A);
(3) by striking ‘‘(as such Acts were in effect on the date
of the enactment of the Airport Improvement Program Tem-
porary Extension Act of 1994)’’ in subparagraph (A) and insert-
ing ‘‘or the Federal Aviation Administration Authorization Act
of 1994’’; and
(4) by adding at the end the following new flush sentence:
‘‘Any reference in subparagraph (A) to an Act shall be treated
as a reference to such Act and the corresponding provisions
(if any) of title 49, United States Code, as such Act and provi-
sions were in effect on the date of the enactment of the last
Act referred to in subparagraph (A).’’.
TITLE V—MISCELLANEOUS PROVISIONS
SEC. 501. RULEMAKING ON RANDOM TESTING FOR PROHIBITED
DRUGS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall complete a rulemaking proceeding
and issue a final decision on whether there should be a reduction
H. R. 2739—27
in the annualized rate now required by the Secretary of random
testing for prohibited drugs for personnel engaged in aviation
activities.
SEC. 502. TRANSPORTATION SECURITY REPORT.
Section 44938(a) is amended by striking ‘‘December 31’’ and
inserting ‘‘March 31’’.
SEC. 503. REPEAL OF ANNUAL REPORT REQUIREMENT.
Section 401 of the Aviation Safety and Noise Abatement Act
of 1979 (Public Law 96–193; 94 Stat. 57) is repealed.
SEC. 504. ADVANCED LANDING SYSTEM.
Notwithstanding any other provision of law or regulation, the
Administrator shall consider for approval under part 171 of title
14, Code of Federal Regulations, the new generation, low cost,
advanced landing system being developed by the Department of
Defense. The charter for approval of such system shall be considered
and acted upon expeditiously by the Federal Aviation Administra-
tion in the region where such system is being developed.
SEC. 505. ASBESTOS REMOVAL AND BUILDING DEMOLITION AND
REMOVAL, VACANT AIR FORCE STATION, MARIN COUNTY,
CALIFORNIA.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated in fiscal year 1995 to the account for the Depart-
ment of Transportation for facilities and equipment of the Federal
Aviation Administration such amount as may be necessary to permit
the Administrator to carry out asbestos abatement activities and
the demolition and removal of buildings at the site of the vacant
Air Force station located on Mount Tamalpais, Marin County,
California. The amount authorized to be appropriated by the preced-
ing sentence shall not exceed the Federal Aviation Administration’s
share of the costs of carrying out such activities, demolitions, and
removals.
(b) AUTHORITY TO USE FUNDS.—The Administrator may use
the funds appropriated pursuant to the authorization of appropria-
tions in subsection (a) to carry out the abatement activities and
demolition and removal described in that subsection. Such funds
shall be available for such purpose until expended.
SEC. 506. LAND ACQUISITION COSTS.
Notwithstanding section 47108 of title 49, United States Code,
the Secretary may approve an upward adjustment not to exceed
$750,000 in the maximum obligation of the United States under
an airport improvement program grant made under subchapter
I of chapter 471 of subtitle VII of such title to a reliever airport
after September 1, 1989, and before October 1, 1989, in order
to assist in funding increased land acquisition costs (as determined
in judicial proceedings) and associated eligible project costs.
SEC. 507. INFORMATION ON DISINSECTION OF AIRCRAFT.
(a) AVAILABILITY OF INFORMATION.—In the interest of protecting
the health of air travelers, the Secretary shall publish a list of
the countries (as determined by the Secretary) that require
disinsection of aircraft landing in such countries while passengers
and crew are on board such aircraft.
(b) REVISION.—The Secretary shall revise the list required
under subsection (a) on a periodic basis.