I
103D CONGRESS
1ST SESSION
H. R. 2739
To amend the Airport and Airway Improvement Act of 1982 to authorize
appropriations for fiscal years 1994, 1995, and 1996, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 1993
Mr. OBERSTAR (for himself, Mr. MINETA, Mr. SHUSTER, and Mr. CLINGER)
introduced the following bill; which was referred to the Committee on
Public Works and Transportation
A BILL
To amend the Airport and Airway Improvement Act of 1982
to authorize appropriations for fiscal years 1994, 1995,
and 1996, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Aviation Infrastructure
Investment Act of 1993’’.
TITLE I—AIRPORT AND AIRWAY
IMPROVEMENT ACT AMEND-
MENTS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
505(a) of the Airport and Airway Improvement Act of
1982 (49 U.S.C. App. 2204(a)) is amended—
(1) by striking ‘‘and’’ following ‘‘1992,’’; and
(2) by inserting after ‘‘1993’’ the following: ‘‘,
$18,071,700,000 for fiscal years ending before Octo-
ber 1, 1994, $20,232,700,000 for fiscal years ending
before October 1, 1995, and $22,446,700,000 for
fiscal years ending before October 1, 1996’’.
(b) OBLIGATIONAL AUTHORITY.—Section 505(b) of
such Act is amended by striking ‘‘1993’’ and inserting
‘‘1996’’.
SEC. 102. AIRWAY IMPROVEMENT PROGRAM.
(a) AIRWAY FACILITIES AND EQUIPMENT.—Section
506(a)(1) of the Airport and Airway Improvement Act of
1982 (49 U.S.C. App. 2205(a)(1)) is amended by striking
‘‘$11,100,000,000’’ and all that follows through ‘‘1995’’
and inserting the following: ‘‘$10,724,000,000 for fiscal
years ending before October 1, 1994, $13,394,000,000 for
fiscal years ending before October 1, 1995, and
$16,129,000,000 for fiscal years ending before October 1,
1996’’.
(b) OTHER EXPENSES.—Section 506(c) of such Act
is amended—
(1) by striking ‘‘–1995’’ in the heading for para-
graph (4) and inserting ‘‘–1993’’;
(2) by striking ‘‘1993, 1994, and 1995’’ in
paragraph (4) and inserting ‘‘and 1993’’; and
(3) by adding at the end the following:
‘‘(5) FISCAL
YEARS
1994–1996.—The amount
appropriated from the Trust Fund for the purposes
of clauses (A) and (B) of paragraph (1) of this sub-
section for each of fiscal years 1994, 1995, and
1996 may not exceed the lesser of—
‘‘(A) 50 percent of the amount of funds
made available under section 505 and sub-
sections (a) and (b) of this section for such fis-
cal year; or
‘‘(B)(i) 70 percent of the amount of funds
made available under section 505, subsections
(a) and (b) of this section, and section 106(k)
of title 49, United States Code, for such fiscal
year; less
‘‘(ii) the amount of funds made available
under section 505 and subsections (a) and (b)
of this section for such fiscal year.’’.
(c) PRESERVATION OF FUNDS.—Section 506(e)(5) of
such Act is amended by striking ‘‘1995’’ and inserting
‘‘1996’’.
SEC. 103. OPERATIONS OF FAA.
Section 106(k) of title 49, United States Code, is
amended by striking ‘‘, $5,100,000,000’’ and all that fol-
lows through ‘‘1995’’ and inserting ‘‘$4,576,000,000 for
fiscal year 1994, $4,674,000,000 for fiscal year 1995, and
$4,810,000,000 for fiscal year 1996’’.
SEC. 104. APPORTIONMENT OF FUNDS.
(a) MINIMUM AMOUNT FOR PRIMARY AIRPORTS.—
Section 507(b)(1) of the Airport and Airway Improvement
Act of 1982 (49 U.S.C. App. 2206(b)(1)) is amended by
striking ‘‘$400,000’’ and inserting ‘‘$500,000’’.
(b) CONSIDERATION OF DIVERSION OF REVENUES IN
AWARDING DISCRETIONARY GRANTS.—Section 507 of
such Act is further amended by redesignating subsection
(f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
‘‘(f) CONSIDERATION OF DIVERSION OF REVENUES
IN AWARDING DISCRETIONARY GRANTS.—In deciding
whether or not to distribute funds to an airport from the
discretionary funds established by subsections (c) and (d),
the Secretary shall consider as a factor militating against
the distribution of such funds to the airport the fact that
the airport is using revenues generated by the airport or
by local taxes on aviation fuel for purposes other than cap-
ital or operating costs of the airport or the local airports
system.’’.
SEC. 105. USE OF APPORTIONED AND DISCRETIONARY
FUNDS.
(a) INTEGRATED AIRPORT SYSTEM PLANNING SET-
ASIDE.—Section 508(d)(4) of the Airport and Airway Im-
provement Act of 1982 (49 U.S.C. App. 2207(d)(4)) is
amended by striking ‘‘1⁄2’’ and inserting ‘‘3⁄4’’.
(b) 
MILITARY
AIRPORT
SET-ASIDE.—Section
508(d)(5) of such Act is amended by striking ‘‘and 1995’’
and inserting ‘‘, 1995, and 1996’’.
(c) DESIGNATION OF MILITARY AIRPORTS.—Section
508(f)(1) of such Act is amended by striking ‘‘12’’ and
inserting ‘‘16’’.
(d) CONSTRUCTION
OF
PARKING
LOTS, FUEL
FARMS, AND UTILITIES.—Section 508(f)(6) of such Act
is amended by striking ‘‘and 1995’’ and inserting ‘‘1995,
and 1996’’.
SEC. 106. PROJECT SPONSORSHIP.
Section 511(a) of the Airport and Airway Improve-
ment Act of 1982 (49 U.S.C. App. 2210(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(16);
(2) by striking the period at the end of para-
graph (17) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(18) the airport owner or operator will submit
to the Administrator and make available to the pub-
lic an annual report listing in detail (A) all amounts
paid by the airport to any other unit of government
and the purposes for which each such payment was
made, and (B) all services and property provided to
other units of government and the amount of com-
pensation received for provision of each such service
and property.’’.
SEC. 107. INCLUSION OF TERMINAL DEVELOPMENT AS A
PROJECT COST.
Section 513(b)(2) of the Airport and Airway Im-
provement Act of 1982 (49 U.S.C. App. 2212(b)(2)) is
amended—
(1) in the second sentence by inserting after
‘‘may be used’’ the following: ‘‘, subject to the ap-
proval of the Secretary,’’; and
(2) by adding at the end the following: ‘‘All or
any portion of the sums to be distributed at the dis-
cretion of the Secretary under sections 507(c) and
507(d) for any fiscal year may be distributed for use
by primary airports each of which annually has .05
or less of the total enplanements in the United
States for project costs allowable under paragraph
(1) of this subsection.’’.
SEC. 108. TECHNICAL AMENDMENTS.
(a) DEFINITIONS.—Section 503(a)(2)(B) of the Air-
port and Airway Improvement Act of 1982 (49 U.S.C.
App. 2202(a)(2)(B)) is amended by moving clauses (vii)
and (viii) 2 ems to the right.
(b) AIRPORT PLANS.—Section 504(a)(1) of such Act
(49 U.S.C. App. 2203(a)(1)) is amended by redesignating
clauses (1), (2), and (3) as clauses (A), (B), and (C), re-
spectively.
(c) AIP OTHER EXPENSES.—Section 506(c)(3) of
such Act (49 U.S.C. App. 2205(c)(3)) is amended by
striking ‘‘and,’’ and inserting ‘‘, and’’.
TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. ADVANCE NOTICE OF RATE CHANGES.
Section 404 of the Federal Aviation Act of 1958 (49
U.S.C. App. 1374) is amended by adding at the end the
following:
‘‘(e) ADVANCE NOTICE OF RATE CHANGES.—Any air
carrier may provide advance notice to the public of the
date on which a change of a rate, fare, or charge for air
transportation is scheduled to take effect and the date on
which a rate, fare, or charge for air transportation is
scheduled to terminate.’’.
SEC. 202. PROTECTION OF SMALL COMMUNITY AIRLINE
PASSENGERS.
(a) ACCESS TO HIGH DENSITY AIRPORTS.—Section
419(b) of the Federal Aviation Act of 1958 (49 U.S.C.
App. 1389(b)) is amended by adding at the end the follow-
ing new paragraph:
‘‘(10) ACCESS TO HIGH DENSITY AIRPORTS.—
‘‘(A) NONCONSIDERATION OF SLOT AVAIL-
ABILITY.—In determining what is basic essen-
tial air service and in selecting an air carrier to
provide such service, the Secretary shall not
give consideration to whether slots at a high
density airport are available for providing such
service.
‘‘(B) MAKING SLOTS AVAILABLE.—If basic
essential air service is to be provided to and
from a high density airport, the Secretary shall
ensure that a sufficient number of slots at such
airport are available to the air carrier providing
or selected to provide such service. If necessary
to carry out the objectives of this subsection,
the Secretary shall take such action as may be
necessary to have such slots transferred or oth-
erwise made available to the air carrier; except
that the Secretary shall not be required to
make slots available at O’Hare International
Airport in Chicago, Illinois, if the number of
slots available for basic essential air service to
and from such airport is at least 132 slots.’’.
(b) TRANSFERS OF SLOTS AT HIGH DENSITY AIR-
PORTS.—Section 419(b)(7) of such Act (49 U.S.C. App.
1389(b)(7)) is amended—
(1) by striking ‘‘TRANSFER OF OPERATIONAL
AUTHORITY
AT
CERTAIN’’ and inserting ‘‘TRANS-
FERS OF SLOTS AT’’;
(2) by striking ‘‘an airport at which the Admin-
istrator limits the number of instrument flight rule
takeoffs and landings of aircraft’’ and inserting ‘‘a
high density airport’’;
(3) by striking ‘‘operational authority’’ and in-
serting ‘‘slots’’;
(4) by striking ‘‘has to conduct a landing or
takeoff’’ and inserting ‘‘have’’;
(5) by striking ‘‘such authority’’ the first place
it appears and inserting ‘‘such slots’’;
(6) by striking ‘‘such authority is’’ and insert-
ing ‘‘such slots are’’; and
(7) by inserting ‘‘basic essential’’ after ‘‘used to
provide’’.
(c) DEFINITIONS.—Section 419(k) of such Act (49
U.S.C. App. 1389(k)) is amended by adding at the end
the following new paragraphs:
‘‘(6) HIGH DENSITY AIRPORT.—The term ‘high
density airport’ means an airport at which the Ad-
ministrator limits the number of instrument flight
rule takeoffs and landings of aircraft.
‘‘(7) SECRETARY.—The term ‘Secretary’ means
the Secretary of Transportation.
‘‘(8) SLOT.—The term ‘slot’ means a reserva-
tion for an instrument flight rule takeoff or landing
by an air carrier of an aircraft in air transpor-
tation.’’.
SEC. 203. ACCESS OF FOREIGN AIR CARRIERS TO HIGH
DENSITY AIRPORTS.
(a) IN GENERAL.—Title IV of the Federal Aviation
Act of 1958 (49 U.S.C. 1371–1389) is amended by adding
at the end the following:
‘‘SEC. 420. ACCESS OF FOREIGN AIR CARRIERS TO HIGH
DENSITY AIRPORTS.
‘‘(a) IN GENERAL.—The Secretary shall not take a
slot at a high density airport from an air carrier and
award such slot to a foreign air carrier if the Secretary
determines that air carriers are not provided equivalent
rights of access to airports in the country of which such
foreign air carrier is a citizen.
‘‘(b) DEFINITIONS.—In this section, the terms ‘high
density airport’, ‘Secretary’, and ‘slot’ have the meaning
such terms have under section 419.’’.
(b) CONFORMING AMENDMENT.—The portion of the
table of contents contained in the first section of such Act
relating to title IV is amended by adding at the end the
following:
‘‘Sec. 420. Access of foreign air carriers to high density airports.
‘‘(a) In general.
‘‘(b) Definitions.’’.
SEC. 204. RULEMAKING ON RANDOM TESTING FOR PROHIB-
ITED DRUGS.
Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation shall complete
a rulemaking proceeding and issue a final decision on
whether there should be a reduction in the annualized rate
of random testing for prohibited drugs now required by
the Secretary for personnel engaged in aviation activities.
If the Secretary does not issue the final decision on or
before the last day of such 1-year period, then, effective
on the succeeding day, the annualized rate of random test-
ing shall be 25 percent of such personnel.
SEC. 205. PASSENGER FACILITY CHARGES.
(a) CLARIFICATION OF APPLICABILITY.—
(1) GENERAL RULE.—Section 1113(e)(1) of the
Federal Aviation Act of 1958 (49 U.S.C. App.
1513(e)(1)) is amended by adding at the end the fol-
lowing new sentence: ‘‘After the date of the enact-
ment of this sentence, no public agency authority
shall collect a fee authorized to be imposed under
this subsection from a passenger enplaning at an
airport if the passenger did not pay for the air
transportation which resulted in such enplanement,
including any case in which the passenger obtained
the ticket for the air transportation with a frequent
flier award coupon without monetary payment.’’.
(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—The amendment made by paragraph (1)
shall not be construed as requiring any person to re-
fund any fee paid before the date of the enactment
of this Act.
(b) USE
OF REVENUES
AND RELATIONSHIP BE-
TWEEN FEES AND REVENUES.—Section 1113(e)(2) of
such Act is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);—
(2) by striking the period at the end of sub-
paragraph (B)(iii) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) that the application includes adequate
justification for each of the specific projects.’’.
SEC. 206. TERM OF OFFICE OF FAA ADMINISTRATOR.
Section 106(b) of title 49, United States Code, is
amended by adding at the end the following: ‘‘The term
of office for any individual appointed as Administrator
after the date of the enactment of this sentence shall be
5 years.’’.
SEC. 207. SOUNDPROOFING OF CERTAIN RESIDENTIAL
BUILDINGS IN AREAS SURROUNDING AIR-
PORTS.
Section 104(c)(2) of the Aviation Safety and Noise
Abatement Act of 1979 (49 U.S.C. App. 2104(c)(2)) is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘to operators of
airports’’; and
(2) by striking the period at the end and insert-
ing ‘‘; and (2) for projects to soundproof residential
buildings—
‘‘(A) if the operator of the airport involved
received approval for a grant for a project to
soundproof residential buildings pursuant to
section 301(d)(4)(B) of the Airport and Airway
Safety and Capacity Expansion Act of 1987;
‘‘(B) if the operator of the airport involved
submits updated noise exposure contours, as re-
quired by the Secretary; and
‘‘(C) if the Secretary determines that the
proposed projects are compatible with the pur-
poses of this Act.’’.
SEC. 208. LABOR STANDARDS.
Section 6005(c) of the Metropolitan Washington Air-
ports Act of 1986 (49 U.S.C. App. 2454(c)) is amended—
(1) by redesignating paragraph (11) as para-
graph (12); and
(2) by inserting after paragraph (10) the fol-
lowing:
‘‘(11) LABOR STANDARDS.—The Secretary shall
include such terms and conditions in the lease as