IB
Union Calendar No. 131
103D CONGRESS
1ST SESSION
H. R. 2739
[Report No. 103–240]
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
SEPTEMBER 14, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 26, 1993]
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 October
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 para-
graph (4) and inserting ‘‘and 1993’’; and
(3) by adding at the end the following:
‘‘(5) FISCAL YEARS 1994–1996.—The amount ap-
propriated 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 fiscal
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 follows
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.—Sec-
tion 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 fol-
lowing 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 discre-
tionary 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 capital
or operating costs of the airport or the local airports sys-
tem.’’.
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 in-
serting ‘‘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);
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 con-
struction 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), respec-
tively.
(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 Improve-
ment Act of 1982 (49 U.S.C. App. 2212(d)(1)) is amended
by adding at the end the following new subparagraph:
‘‘(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.’’.
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 following new
paragraph:
‘‘(10) ACCESS TO HIGH DENSITY AIRPORTS.—
‘‘(A) NONCONSIDERATION OF SLOT AVAIL-
ABILITY.—In determining what is basic essential
air service and in selecting an air carrier to pro-
vide 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 nec-
essary to have such slots transferred or otherwise
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 AU-
THORITY AT CERTAIN’’ and inserting ‘‘TRANSFERS 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 inserting
‘‘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 reservation
for an instrument flight rule takeoff or landing by an
air carrier of an aircraft in air transportation.’’.
SEC. 202. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DEN-
SITY 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. 203. 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 suc-
ceeding day, the annualized rate of random testing shall
be 25 percent of such personnel.
SEC. 204. 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 enactment
of this sentence, no public agency authority shall col-
lect a fee authorized to be imposed under this sub-
section 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 refund
any fee paid before the date of the enactment of this
Act.
(b) USE OF REVENUES AND RELATIONSHIP BETWEEN
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 subpara-
graph (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. 205. 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. 206. 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 CER-
TAIN
RESIDENTIAL
PROPERTIES.—The Secretary is
authorized under this section to make grants to opera-
tors of airports and to units of local government re-
ferred to in paragraph (1) for projects to soundproof
residential buildings located on residential properties,
and for projects to acquire residential properties, at
which noise levels are not compatible with normal op-
erations 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 purposes
by the Administrator of the Federal Aviation
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. 207. 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 Manage-
ment Relations Act, 1947 shall apply to labor-management
relations between the Airports Authority and labor organi-
zations representing bargaining units at the Metropolitan
Washington Airports.
‘‘(b) SUITS.—
‘‘(1) JURISDICTION OF U.S. COURTS.—The courts
of the United States shall have jurisdiction with re-
spect to actions brought by the National Labor Rela-
tions 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 be-
tween any such labor organizations, may be brought
in any district court of the United States having ju-
risdiction 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 organization
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 organiza-
tion in a district court of the United States shall be
enforceable only against the organization as an entity
and against its assets and shall not be enforceable
against any individual member or the member’s as-
sets.
‘‘(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 Au-
thority shall provide for procedures for resolution by
the parties of grievances and other disputes arising
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 Air-
ports Authority and labor organizations in effect, no
party to such agreement shall terminate or modify
such agreement unless the party desiring such termi-
nation or modification serves written notice upon the
other party to the agreement of the proposed termi-
nation 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 no-
tify 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 ex-
piration date of the agreement in effect, or the date
of the proposed termination or modification, the Di-
rector 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 se-
lect a mediator, the selection shall be made by the Di-
rector.
‘‘(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 modifica-
tion under paragraph (1) of this subsection, or
if the parties decide upon arbitration but do not
agree upon the procedures therefor, an arbitra-
tion board shall be established consisting of 3