II
103D CONGRESS
2D SESSION
H. R. 2739
IN THE SENATE OF THE UNITED STATES
OCTOBER 18 (legislative day, OCTOBER 13), 1993
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
JUNE 16 (legislative day, JUNE 7), 1994
Committee discharged
AN ACT
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)(1)
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
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. INCLUSION OF EXPLOSIVE DETECTION DEVICES
AND UNIVERSAL ACCESS SYSTEMS.
Section 503(a)(2)(B)(ii) of the Airport and Airway
Improvement 
Act 
of 
1982 
(49 
U.S.C. 
App.
2202(a)(2)(B)(ii)) is amended by inserting after ‘‘or secu-
rity equipment’’ the following: ‘‘, including explosive detec-
tion devices and universal access systems,’’.
SEC. 109. DECLARATION OF POLICY.
Section 502(a) of the Airport and Airway Improve-
ment Act of 1982 (49 U.S.C. App. 2201(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(13);
(2) by striking the period at the end of para-
graph (14) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(15) the airport improvement program should
be administered to encourage the development and
use of innovative concrete and other materials in the
construction of airport facilities to minimize initial
laydown costs, minimize time out of service, and
maximize lifecycle durability.’’.
SEC. 110. 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)(B)(i)
of such Act (49 U.S.C. App. 2205(c)(3)(B)(i)) is amended
by striking ‘‘and,’’ and inserting ‘‘, and’’.
SEC. 111. LETTERS OF INTENT.
Section 513(d)(1) of the Airport and Airway Im-
provement Act of 1982 (49 U.S.C. App. 2212(d)(1)) is
amended by adding at the end the following new subpara-
graph:
‘‘(H) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this section shall be
construed to prohibit the obligation of amounts
pursuant to a letter of intent under this para-
graph in the same fiscal year as the letter of in-
tent is issued.’’.
SEC. 112. PALM SPRINGS, CALIFORNIA.
(a) AUTHORITY TO GRANT RELEASE.—Notwith-
standing section 4 of the Act of October 1, 1949 (50
U.S.C. App. 1622c), and subject to the provisions of sub-
section (b), the Administrator of the Federal Aviation Ad-
ministration shall grant releases from all of the terms,
conditions, reservations, and restrictions 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 re-
leases 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 release granted by the Ad-
ministrator of the Federal Aviation Administration under
subsection (a) shall be subject to the following conditions:
(1) The Administrator shall waive any require-
ment that there be credited to the account of the
airport any amount attributable 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 ex-
pended before the date of the enactment of this sec-
tion for acquisition of 523.39 acres of land conveyed
August 28, 1961, for airport purposes and for ex-
penses incurred at any time in connection with such
acquisition, and such claims shall not be eligible for
reimbursement under the Airport and Airway Im-
provement Act or any successor Act.
TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. 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.’’.
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the follow-
ing:
‘‘(3) FOREIGN REPAIR STATION CERTIFICATION
AND
INSPECTION
FEES.—The Administrator shall
establish and collect fees for certification and inspec-
tion of repair stations outside of the United States
equivalent to the costs of providing the certification
and inspection services.’’.
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. NOISE ABATEMENT PROGRAM.
(a) SOUNDPROOFING
OF
CERTAIN
RESIDENTIAL
BUILDINGS.—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 ‘‘(A)’’ before ‘‘to operators of
airports’’; and
(2) by striking the period at the end and insert-
ing ‘‘; and (B) for projects to soundproof residential
buildings—
‘‘(i) if the operator of the airport involved re-
ceived approval for a grant for a project to sound-
proof residential buildings pursuant to section
301(d)(4)(B) of the Airport and Airway Safety and
Capacity Expansion Act of 1987;
‘‘(ii) if the operator of the airport involved sub-
mits updated noise exposure contours, as required
by the Secretary; and
‘‘(iii) if the Secretary determines that the pro-
posed projects are compatible with the purposes of
this Act.’’.
(b) SOUNDPROOFING AND ACQUISITION OF CERTAIN
RESIDENTIAL PROPERTIES.—Section 104(c) of such Act
is further amended by adding at the end the following:
‘‘(4) SOUNDPROOFING
AND
ACQUISITION
OF
CERTAIN RESIDENTIAL PROPERTIES.—The Secretary
is authorized under this section to make grants to
operators of airports and to units of local govern-
ment referred to in paragraph (1) for projects to
soundproof residential buildings located on residen-
tial properties, and for projects to acquire residential
properties, at which noise levels are not compatible
with normal operations of an airport—
‘‘(A) if the operator of the airport involved
amended an existing local aircraft noise regula-
tion during calendar year 1993 to increase the
maximum permitted noise levels for scheduled
air carrier aircraft as a direct result of imple-
mentation of revised aircraft noise departure
procedures mandated for aircraft safety pur-
poses by the Administrator of the Federal Avia-
tion Administration for standardized application
at airports served by scheduled air carriers;
‘‘(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 MANAGEMENT RELATIONS.
The Metropolitan Washington Airports Act of 1986
(49 U.S.C. App. 2451–2461) is amended—
(1) in section 6007(c)(5) by striking ‘‘to the ex-
tent that the Federal Aviation Administration is so
authorized on the date of enactment of this title’’;
(2) by redesignating sections 6010, 6011, and
6012 as sections 6011, 6012, and 6013, respectively;
and
(3) by inserting after section 6009 the following
new section:
‘‘SEC. 6010. LABOR MANAGEMENT RELATIONS.
‘‘(a) APPLICATION OF FEDERAL LABOR LAWS.—Ex-
cept as otherwise provided by this section, the provisions
of the National Labor Relations Act and the Labor Man-
agement Relations Act, 1947 shall apply to labor-manage-
ment relations between the Airports Authority and labor
organizations representing bargaining units at the Metro-
politan Washington Airports.
‘‘(b) SUITS.—
‘‘(1) JURISDICTION
OF
U.S. 
COURTS.—The
courts of the United States shall have jurisdiction
with respect to actions brought by the National
Labor Relations Board under this section to the
same extent that such courts have jurisdiction with
respect to actions brought under the National Labor
Relations Act.
‘‘(2) LABOR CONTRACT VIOLATIONS.—Suits for
violation of contracts between the Airports Authority
and a labor organization representing bargaining
units at the Metropolitan Washington Airports, or
between any such labor organizations, may be
brought in any district court of the United States
having jurisdiction of the parties, without respect to
the amount of controversy.
‘‘(3) AGENTS
OF
LABOR
ORGANIZATIONS.—A
labor organization described in paragraph (2) and
the Airports Authority shall be bound by the author-
ized acts of their agents. Any such labor organiza-
tion may sue or be sued as an entity and in behalf
of those whom it represents in the courts of the
United States. Any money judgment against such a
labor organization in a district court of the United
States shall be enforceable only against the organi-
zation as an entity and against its assets and shall
not be enforceable against any individual member or
the member’s assets.
‘‘(c) COLLECTIVE-BARGAINING AGREEMENTS.—
‘‘(1) PERIOD OF EFFECTIVENESS.—Collective-
bargaining agreements between the Airports Author-
ity and labor organizations shall be effective for not
less than 2 years.
‘‘(2) RESOLUTION OF GRIEVANCES.—Collective-
bargaining agreements negotiated by the Airports
Authority shall provide for procedures for resolution
by the parties of grievances and other disputes aris-
ing during the term of the agreement, culminating
in binding third-party arbitration, unless the parties
agree otherwise.
‘‘(3) RESOLUTION OF DISPUTES IN NEGOTIA-
TIONS.—The Airports Authority and a labor organi-
zation may by mutual agreement adopt procedures
for the resolution of disputes or impasses arising in
the negotiation of a collective-bargaining agreement.
‘‘(d) LABOR DISPUTES.—
‘‘(1) 
WRITTEN
NOTICE
REQUIREMENT.—If
there is a collective-bargaining agreement between
the Airports Authority and labor organizations in ef-
fect, no party to such agreement shall terminate or
modify such agreement unless the party desiring
such termination or modification serves written no-
tice upon the other party to the agreement of the
proposed termination or modification not less than
90 days prior to the time it is proposed to make
such termination or modification. The party serving
such notice shall notify the Federal Mediation and
Conciliation Service of the existence of a dispute
within 45 days of such notice if no agreement has
been reached by that time.
‘‘(2) MEDIATION OF DISPUTES.—If the parties
fail to reach agreement or to adopt a procedure pro-
viding for a binding resolution of a dispute by the
expiration date of the agreement in effect, or the
date of the proposed termination or modification, the
Director of the Federal Mediation and Conciliation
Service shall direct mediation of the dispute. For
this purpose, the Director shall submit to the parties
a list of not fewer than 10 names. If the parties fail
to select a mediator, the selection shall be made by
the Director.
‘‘(3) ARBITRATION BOARD.—
‘‘(A) ESTABLISHMENT.—If no agreement
is reached within 90 days after the expiration
or termination of the agreement or the date on
which the agreement became subject to modi-
fication under paragraph (1) of this subsection,
or if the parties decide upon arbitration but do
not agree upon the procedures therefor, an ar-
bitration board shall be established consisting of
3 members, 1 of whom shall be selected by the
Airports Authority, 1 by the bargaining rep-
resentative, and the third by the 2 thus selected
who shall be designated chairman. If either of
the parties fails to select a member, or if the
members chosen by the parties fail to agree on
the third person within 5 days after their first
meeting, the selection shall be made utilizing
the rules of the American Arbitration Associa-
tion.
‘‘(B) HEARINGS AND DECISIONS.—The ar-
bitration board shall give the parties a full and
fair hearing, including an opportunity to
present evidence in support of their claims, and
an opportunity to present their case in person,
by counsel or by other representative as they
may elect. All procedural disputes shall be de-
cided by the board. The board shall have the
authority to administer oaths and compel the
attendance of witnesses and the production of
documents. Decisions of the board shall be con-
clusive and binding upon the parties. The board
shall render its decision within 45 days after its
appointment, unless a later date is mutually
agreed upon by both parties.
‘‘(C) COSTS.—Costs of the arbitration
board shall be shared equally by the Airports
Authority and the bargaining representative.
‘‘(D) PROCEDURES.—In the case of a bar-
gaining unit whose collective-bargaining rep-
resentative does not have an agreement with
the Airport Authority, if the parties fail to
reach agreement within 90 days of the com-
mencement of collective bargaining, mediation
will take place in accordance with the terms of
paragraph (2) of this subsection, unless the
parties have previously agreed to another proce-
dure for a binding resolution of their dif-
ferences. If the parties fail to reach agreement
within 180 days of the commencement of collec-
tive bargaining and if they have not agreed to
another procedure for binding resolution, an ar-
bitration board shall be established to provide
conclusive and binding arbitration in accord-
ance with the terms of paragraph (3) of this
subsection.
‘‘(E) 
CONSIDERATIONS
IN
MAKING
AWARDS.—Except insofar as compensation and
benefits may be specified elsewhere in this title,
the arbitration board, in arriving at its award,
shall take into account compensation, benefits,
and conditions of employment of comparable
employees in Alexandria, Arlington, and Fairfax
Counties, Virginia; the District of Columbia;
and Montgomery and Prince Georges Counties,
Maryland, and other criteria traditionally con-
sidered in collective bargaining.
‘‘(e) NO STRIKES OR LOCKOUTS; MAINTENANCE OF
STATUS QUO.—Notwithstanding any other provision of
law, the parties to a collective bargaining agreement be-
tween the Airports Authority and a labor organization
shall not resort to strike or lockout. The parties shall re-
frain from making changes in working conditions pending
the resolution of labor disputes as provided in subsection
(d) of this section.’’.
SEC. 209. TECHNICAL AMENDMENT.
Section 9130 of the Aviation Safety and Capacity Ex-
pansion Act of 1990 (49 U.S.C. App. 2226b) is amended
by striking ‘‘subsection’’ and inserting ‘‘section’’.
SEC. 210. REPORT ON CERTAIN BILATERAL NEGOTIATIONS.
The Secretary of Transportation 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 ne-
gotiations and informal government-to-government con-
sultations with United States aviation trade partners.
SEC. 211. HIGH DENSITY RULE AND REALLOCATION OF
SLOTS.
(a) HIGH DENSITY RULE.—
(1) STUDY.—The Secretary of Transportation
shall conduct a study and provide recommendations
to Congress on whether improvements in the tech-
nology and procedures of the air traffic control sys-
tem and the use of quieter aircraft make it possible
to eliminate the limitations on hourly operations im-
posed by the high density rule contained in part 93
of title 14 of the Code of Federal Regulations or to
increase the number of operations permitted under
such rule. The study shall include consideration of
the effects of the elimination of limitations or an in-
crease in the number of operations allowed on each
of the following:
(A) Safety.
(B) Congestion and delay in any part of
the national aviation system.
(C) The impact of noise on persons living
near the airport.
(D) Competition in the air transportation
system.
(E) The profitability of operations of air-
lines serving the airport.
(2) COORDINATION.—In conducting the study
under this subsection, the Secretary of Transpor-
tation shall consult with officials of airports subject
to the high density rule, the cities in which such air-
ports are located, representatives of citizens living in
the vicinity of such airports, air carriers now serving
such airports or interested in inaugurating such
service, and other interested persons.
(3) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary of
Transportation shall transmit the findings of the
study conducted under this subsection, together with
recommendations, to the Committee on Public
Works and Transportation of the House of Rep-
resentatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(b) SLOTS FOR FOREIGN AIR TRANSPORTATION.—
(1) STUDY.—The Secretary of Transportation
shall conduct a study to determine the impact of a
change in law or regulations that would prohibit the
withdrawal of a slot from an air carrier providing
interstate air transportation at a high density air-
port in any case in which such slot is withdrawn in
order to allocate it to an air carrier or foreign air
carrier to provide foreign air transportation.
(2) CONTENTS.—In conducting the study under
this subsection, the Secretary shall examine the fol-
lowing:
(A) The impact of a prohibition described
in paragraph (1) on the aviation relationship
between the United States Government and for-
eign governments.
(B) Whether such a prohibition would re-
sult in the withdrawal of slots from general
aviation and military aviation in order to allo-
cate them to air carriers and foreign air car-
riers providing foreign air transportation and
the impact of such a withdrawal of slots on gen-
eral aviation and military aviation.
(C) The impact on air carriers providing
interstate air transportation of the current
practice of withdrawing slots in order to allo-
cate them to air carriers or foreign air carriers
providing foreign air transportation.
(D) The impact of the planned relocation
of Air Force Reserve units and the Air National
Guard at O’Hare International Airport on the
future availability of slots at that airport.
(3) REPORT.—Not later than January 15,
1994, the Secretary of Transportation shall transmit
to Congress a report on the results of the study con-
ducted under this subsection, together with such rec-
ommendations for legislative or administrative action
as the Secretary determines appropriate.
SEC. 212. REPEAL.
Section 31 of the Airport and Airway Development
Act of 1970 (49 U.S.C. App. 1731) is hereby repealed.
SEC. 213. CHILD RESTRAINT SYSTEMS ON COMMERCIAL
AIRCRAFT.
(a) IN GENERAL.—Section 601 of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1421) is amended by
adding at the end the following new subsection:
‘‘(g) CHILD RESTRAINT SYSTEMS.—Not later than
90 days after the date of the enactment of this subsection,
the Secretary shall issue regulations requiring an air car-
rier, upon the request of a revenue passenger on behalf
of a revenue child passenger, to provide a child safety re-
straint system approved by the Secretary on any aircraft
operated by such air carrier in providing interstate air
transportation, intrastate transportation, or overseas air
transportation. Such regulations shall establish age or
weight limits for children who may use such systems.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in the first section of such Act is amended
by inserting at the end of the matter relating to section
601 the following new item:
‘‘(g) Child restraint systems.’’.
TITLE III
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Federal Aviation Ad-
ministration Research, Engineering, and Development Au-
thorization Act of 1993’’.
SEC. 302. AVIATION RESEARCH AUTHORIZATION OF APPRO-
PRIATIONS.
Section 506(b)(2) of the Airport and Airway Im-
provement Act of 1982 (49 U.S.C. App. 2205(b)(2)) is
amended by striking subparagraph (A) and all that follows
through the end of the paragraph and inserting the follow-
ing:
‘‘(A) for fiscal year 1994—
‘‘(i) $11,297,000 solely for manage-
ment and analysis projects and activities;
‘‘(ii) $76,939,000 solely for capacity
and air traffic management technology
projects and activities;
‘‘(iii) $35,675,000 solely for commu-
nications, 
navigation, 
and 
surveillance
projects and activities;
‘‘(iv) $1,908,000 solely for weather
projects and activities;
‘‘(v) $7,509,000 solely for airport
technology projects and activities;
‘‘(vi) $40,175,000 solely for aircraft
safety technology projects and activities;
‘‘(vii) $35,430,000 solely for system
security technology projects and activities;
‘‘(viii) $27,756,000 solely for human
factors and aviation medicine projects and
activities;
‘‘(ix) $7,586,000 for environment and
energy projects and activities; and
‘‘(x) $5,725,000 for innovative/cooper-
ative research projects and activities, of
which $1,000,000 shall be available for the
establishment of a new Aviation Center of
Excellence;
‘‘(B) for fiscal year 1995—
‘‘(i) $12,646,000 solely for manage-
ment and analysis projects and activities;
‘‘(ii) $84,000,000 solely for capacity
and air traffic management technology
projects and activities;
‘‘(iii) $39,242,000 solely for commu-
nications, 
navigation, 
and 
surveillance
projects and activities;
‘‘(iv) $2,098,000 solely for weather
projects and activities;
‘‘(v) $8,260,000 solely for airport
technology projects and activities;
‘‘(vi) $44,192,000 solely for aircraft
safety technology projects and activities;
‘‘(vii) $39,523,000 solely for system
security technology projects and activities;
‘‘(viii) $31,716,000 solely for human
factors and aviation medicine projects and
activities;
‘‘(ix) $8,124,000 for environment and
energy projects and activities; and
‘‘(x) $5,199,000 for innovative/cooper-
ative research projects and activities; and
‘‘(C) for fiscal year 1996—
‘‘(i) $14,131,000 solely for manage-
ment and analysis projects and activities;
‘‘(ii) $92,402,000 solely for capacity
and air traffic management technology
projects and activities;
‘‘(iii) $43,167,000 solely for commu-
nications, 
navigation, 
and 
surveillance
projects and activities;
‘‘(iv) $2,307,000 solely for weather
projects and activities;
‘‘(v) $9,086,000 solely for airport
technology projects and activities;
‘‘(vi) $48,611,000 solely for aircraft
safety technology projects and activities;
‘‘(vii) $43,475,000 solely for system
security technology projects and activities;
‘‘(viii) $34,887,000 solely for human
factors and aviation medicine projects and
activities;
‘‘(ix) $8,716,000 environment and en-
ergy projects and activities; and
‘‘(x) $5,718,000 for innovative/cooper-
ative research projects and activities.
Not less than 15 percent of the amount appropriated pur-
suant to this paragraph shall be for long-term research
projects, and not less than 3 percent of the amount appro-
priated under this paragraph shall be available to the Ad-
ministrator for making grants under section 312(g) of the
Federal Aviation Act of 1958.’’.
SEC. 303. JOINT AVIATION RESEARCH AND DEVELOPMENT
PROGRAM.
(a) ESTABLISHMENT.—The Administrator and the
heads of other appropriate Federal agencies shall jointly
establish a program to conduct research on aviation tech-
nologies that enhance United States competitiveness. The
program shall include—
(1) next-generation satellite communications,
including global positioning satellites;
(2) advances airport and airplane security;
(3) environmentally compatible technologies, in-
cluding technologies that limit or reduce noise and
air pollution;
(4) advanced aviation safety programs; and
(5) technologies and procedures to enhance and
improve airport and airway capacity.
(b) PROCEDURES FOR CONTRACTS AND GRANTS.—
The Administrator and the heads of the other appropriate
Federal agencies shall administer contracts and grants en-
tered into under the program established under subsection
(a) in accordance with procedures developed jointly by the
Administrator and the heads of the other appropriate Fed-
eral agencies. The procedures should include an integrated
acquisition policy for contract and grant requirements and
for technical data rights that are not an impediment to
joint programs among the Federal Aviation Administra-
tion, the other Federal agencies involved, and industry.
(c) PROGRAM ELEMENTS.—The program established
under subsection (a) shall include—
(1) selected programs that jointly enhance pub-
lic and private aviation technology development;
(2) an opportunity for private contractors to be
involved in such technology research and develop-
ment; and
(3) the transfer of Government-developed tech-
nologies to the private sector to promote economic
strength and competitiveness.
(d) 
AUTHORIZATION
OF
APPROPRIATIONS.—Of
amounts authorized to be appropriated for fiscal years
1994, 1995, and 1996 under section 506(b)(2) of the Air-
port and Airway Improvement Act of 1982 (49 U.S.C.
App. 2205(b)(2)), as amended by section 2 of this Act,
there are authorized to be appropriated for fiscal years
1994, 1995, and 1996, respectively, such sums as may be
necessary to carry out this section.
SEC. 304. AIRCRAFT CABIN AIR QUALITY RESEARCH PRO-
GRAM.
(a) ESTABLISHMENT.—The Administrator of the
Federal Aviation Administration (in this Act referred to
as the ‘‘Administrator’’) and the heads of other appro-
priate 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 air-
line passengers and crew, as indicated by physical
symptoms such as headaches, nausea, fatigue, and
lightheadedness; and
(2) the risk of airline passengers and crew con-
tracting infectious diseases during flight.
(b) CONTRACT WITH INDEPENDENT RESEARCH OR-
GANIZATION.—In carrying out the research program es-
tablished under subsection (a), the Administrator and the
heads of the other appropriate Federal agencies shall con-
tract with an independent research organization 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 es-
tablished under subsection (a) shall be—
(1) to determine what, if any, cabin air condi-
tions currently exist on domestic aircraft used for
flights within the United States that could be harm-
ful 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 aircraft would re-
duce or eliminate the risk of illness or discomfort to
airline passengers and crew; and
(3) to establish a long-term research program
to examine potential health problems to airline pas-
sengers 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 Adminis-
which funds are authorized by this Act, or by the amend-
ments made by this Act.
SEC. 306. USE OF DOMESTIC PRODUCTS.
(a) PROHIBITION AGAINST FRAUDULENT USE OF
‘‘MADE IN AMERICA’’ 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 Act, including any
subcontract under such a contract pursuant to the debar-
ment, 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 provided in paragraph (2), the head of each of-
fice within the Federal Aviation Administration that con-
ducts 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 Act to be
made available; and
(B) solicitations for bids are issued after the
date of the enactment of this Act.
(3) The Secretary, before January 1, 1995, shall re-
port 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—
(1) that is manufactured or produced in the
United States; and
(2) at least 50 percent of the cost of the arti-
cles, materials, or supplies of which are mined, pro-
duced, or manufactured in the United States.
SEC. 307. PURCHASE OF AMERICAN MADE EQUIPMENT AND
PRODUCTS.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that any recipient of a grant under this Act, or
under any amendment made by this Act, should purchase,
when available and cost-effective, American made equip-
ment and products when expending grant monies.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In al-
locating grants under this Act, or under any amendment
made by this Act, the Secretary shall provide to each re-
cipient a notice describing the statement made in sub-
section (a) by the Congress.
TITLE IV—EXTENSION OF AIR-
PORT 
AND 
AIRWAY 
TRUST
FUND 
EXPENDITURE 
AU-
THORITY
SEC. 401. EXTENSION OF AIRPORT AND AIRWAY TRUST
FUND EXPENDITURE AUTHORITY.
Paragraph (1) of section 9502(d) of the Internal Rev-
enue 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’’, and
(2) by striking ‘‘(as such Acts were in effect on
the date of the enactment of the Airport and Airway
Safety, Capacity, Noise Improvement, and Inter-
modal Transportation Act of 1992)’’ and inserting
‘‘or the Airport and Airway Safety, Capacity, Noise
Improvement, and Intermodal Transportation Act of
1992, or the Aviation Infrastructure Investment Act
of 1993 (as such Acts are in effect on the date of
the enactment of the Aviation Infrastructure Invest-
ment Act of 1993)’’.
Passed the House of Representatives October 13,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 2739 CDS——2
HR 2739 CDS——3
HR 2739 CDS——4