Federal Aviation Administration Authorization Act of 1994
PL 103-305 (H.R.2739), enacted 08/23/1994

PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1569 
Public Law 103-305 
103d Congress 
An Act 
To amend the Airport and Airway Improvement Act of 1982 to authorize 
Aug. 23, 1994 
appropriations for fiscal years 1994, 1995, and 1996, and for other purposes. 
[H.R. 2739] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Federal Aviation 
Administration 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Authorization 
(a) SHORT TITLE.—This Act may be cited as the "Federal Avia- 
fg use 40101 
tion Administration Authorization Act of 1994". 
note. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Amendment of title 49, United States Code. 
TITLE I—AIRPORT AND AIRWAY IMPROVEMENT 
Sec. 101. Airport improvement program. 
Sec. 102. Airway improvement program. 
Sec. 103. Operations of FAA. 
Sec. 104. Innovative technology policy. 
Sec. 105. Inclusion of explosive aetection devices and universal access systems. 
Sec. 106. Submission and approval of project grant applications. 
Sec. 107. Preventive mainteneince. 
Sec. 108. Repeal of general aviation airport project grant application approval. 
Sec. 109. Reports on impacts of new airport projects. 
Sec. 110. Airport fees policy. 
Sec. 111. Aiiport financial reports. 
Sec. 112. Additional enforcement against illegal diversion of airport revenue. 
Sec. 113. Resolution of airport-air carrier disputes concerning airport fees. 
Sec. 114. Terminal development. 
Sec. 115. Letters of intent. 
Sec. 116. Military airport program. 
Sec. 117. Terminal development costs. 
Sec. 118. Airport safety data collection. 
Sec. 119. Soundproofing and acquisition of certain residential buildings and prop-
erties. 
Sec. 120. Landing aids and navigational equipment inventory pool. 
Sec. 121. Review of passenger facility charge program. 
TITLE II—OTHER AVIATION PROGRAMS 
Sec. 201. Term of office of FAi\ Administrator. 
Sec. 202. Assistance to foreign aviation authorities. 
Sec. 203. Use of passenger facility charges to meet Federal mandates. 
Sec. 204. Passenger facility charges. 
Sec. 205. Gambling on commercial aircraft. 
Sec. 206. Slots for air carriers at airports. 
^ 
Sec. 207. Air service termination notice. 
Sec. 208. State taxation of air carrier employees. 
Sec. 209. Foreign fee collection. 
TITLE III—RESEARCH, ENGINEERING, AND DEVELOPMENT 
Sec. 301. Short title. 
Sec. 302. Aviation research authorization of appropriations. 
Sec. 303. Joint aviation research and development program. 
108 STAT. 1570 
PUBLIC LAW 103-305—AUG. 23, 1994 
49 u s e 40102 
note. 
Sec. 304. Aircraft cabin air quality research program. 
Sec. 305. Use of domestic products. 
Sec. 306. Purchase of American made equipment and products. 
Sec. 307. Cooperative agreements for research, engineering, and development. 
Sec. 308. Research program on quiet aircraft technology. 
TITLE IV—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 
EXPENDITURE AUTHORITY 
Sec. 401. Expenditures from Airport and Airway Trust Fund. 
TITLE V—MISCELLANEOUS PROVISIONS 
Sec. 501. Rulemaking on random testing for prohibited drugs. 
Sec. 502. Transportation security report. 
Sec. 503. Repeal of annual report requirement. 
Sec. 504. Advanced landing system. 
Sec. 505. Asbestos removal and building demolition and removal, vacant air force 
station, Marin County, California. 
Sec. 506. Land acquisition costs. 
Sec. 507. Information on disinsection of aircraft. 
^ 
Sec. 508. Contract tower assistance. 
Sec. 509. Discontinuation of aviation safety journal. 
Sec. 510. Monroe airport improvement. 
Sec. 511. Soldotna airport improvement. 
Sec. 512. Sturgis^ Kentucky. 
Sec. 513. RoUa airport improvement. 
Sec. 514. Palm Springs, California. 
Sec. 515. Real estate transfers in Alaska and weather observation services. 
Sec. 516. Relocation of airway facilities. 
Sec. 517. Safety at Aspen-Pitkin County Airport. 
Sec. 518. Collective bargaining at Washington airports. 
Sec. 519. Report on certain bilateral negotiations. 
Sec. 520. Study on innovative financing. 
Sec. 521. Safety of Juneau International Airport. 
Sec. 522. Study on child restraint systems. 
Sec. 523. Sense of Senate relating to DOT Inspector General. 
Sec. 524. Sense of Senate on issuance of report on usage of radar at the Cheyenne, 
Wyoming, airport. 
Sec. 525. North Korea. 
Sec. 526. Sense of Senate on final regulations under Civil Rights Act of 1964. 
TITLE VI—INTRASTATE TRANSPORTATION OF PROPERTY 
Sec. 601. Preemption of intrastate transportation of property. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ADMINISTRATOR.—The term "Administrator" means the 
Administrator of the Federal Aviation Administration. 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of Transportation. 
SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
49, United States Code. 
TITLE I—AIRPORT AND AIRWAY 
IMPROVEMENT 
S E C . 101. AIRPORT IMPROVEMENT PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48103 is 
amended— 
(1) by striking "Not more" and all that follows through 
"1993," and inserting "The total amounts which shall be avail-
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1571 
able after September 30, 1981, to the Secretary of Transpor-
tation"; and 
(2) by inserting before the period at the end "shall be 
$17,583,500,000 for fiscal years ending before October 1, 1994, 
$19,744,500,000 for fiscal years ending before October 1, 1995, 
and $21,958,500,000 for fiscal years ending before October 1, 
1996". 
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended 
by striking "After" and all that follows through "Secretary" and 
inserting "After September 30, 1996, the Secretary". 
SEC. 102. AIRWAY IMPROVEMENT PROGRAM. 
(a) AIRWAY FACILITIES AND EQUIPMENT.—Section 48101(a) is 
amended— 
(1) in paragraph (1) by striking "for" and inserting "For"; 
(2) in paragraph (2)— 
(A) by striking "for" and inserting "For"; and 
(B) by striking 
"$11,100,000,000" and 
inserting 
"$10,724,000,000"; 
(3) in paragraph (3)— 
(A) by striking "for" and inserting "For"; and 
(B) by striking 
"$14,000,000,000" and 
inserting 
"$13,394,000,000"; and 
(4) by adding at the end the following: 
"(4) For the fiscal years ending September 30, 1991-1996, 
$16,129,000,000.". 
(b) CERTAIN DIRECT COSTS AND JOINT AIR NAVIGATION SERV-
ICES.—Section 48104 is amended— 
(1) in the heading for subsection (b) by inserting "FOR 
FISCAL YEARS 1993" after "LIMITATION"; 
(2) in subsection (b) by striking "each" and all that follows 
through "1995," and inserting "fiscal year 1993"; and 
(3) by adding at the end the following: 
"(c) LIMITATION FOR FISCAL YEARS 1994-1996.—The amount 
appropriated from the Trust Fund for the purposes of paragraphs 
(1) and (2) of subsection (a) for each of fiscal years 1994, 1995, 
and 1996 may not exceed the lesser o
f
— 
"(1) 50 percent of the amount of funds made available 
under sections 48101-48103 of this title for such fiscal year; 
or 
"(2)(A) 70 percent of the amount of funds made available 
under sections 106(k) and 48101-48103 of this title for such 
fiscal year; less 
"(B) the amount of funds made available under sections 
48101-48103 of this title for such fiscal year.". 
(c) LIMITATION ON OBLIGATING OR EXPENDING FUNDS.—Section 
48108(c) is amended by striking "1995" and inserting "1996". 
SEC. 103. OPERATIONS OF FAA. 
Section 106(k) 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. INNOVATIVE TECHNOLOGY POLICY. 
Section 47101(a) is amended— 
(1) by striking "and" at the end of paragraph (9)(C); 
108 STAT. 1572 
PUBLIC LAW 103-305—AUG. 23, 1994 
(2) by striking the period at the end of paragraph (10) 
and inserting a semicolon; and 
(3) by adding at the end the following: 
"(11) that the airport improvement program should be 
administered to encourage projects that employ innovative tech-
nology, concepts, and approaches that will promote safety, 
capacity, and efficiency improvements in the construction of 
airports and in the air transportation system (including 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) and to encourage and solicit innovative 
technology proposals and activities in the expenditure of fund-
ing pursuant to this subchapter;". 
SEC. 105. INCLUSION 
OF EXPLOSIVE 
DETECTION 
DEVICES 
AND 
UNIVERSAL ACCESS SYSTEMS. 
Section 47102(3)(B)(ii) is amended by inserting after "or security 
equipment" the following: ", including explosive detection devices 
and universal access systems,". 
SEC. 106. SUBMISSION AND APPROVAL OF PROJECT GRANT APPLICA-
TIONS. 
Section 47105(a)(1)(B) is amended— 
(1) by striking "at least 2" each place it appears and insert-
ing "1 or more"; and 
(2) by striking "similar". 
SEC. 107. PREVENTIVE MAINTENANCE. 
(a) CONDITION OF ASSISTANCE.—Section 47105 is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section: 
"(e) PREVENTIVE MAINTENANCE.—After January 1, 1995, 
the 
Secretary may approve an application under this subchapter for 
the replacement or reconstruction of pavement at an airport only 
if the sponsor has provided such assurances or certifications as 
the Secretary may determine appropriate that such airport has 
implemented an effective airport pavement maintenance-manage-
ment program. The Secretary may require such reports on pavement 
condition and pavement management programs as the Secretary 
determines may be useful.". 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall study the products 
used for airport pavement maintenance and rehabilitation. Such 
study shall consider, at a minimum, the cost and benefits 
of the following: 
(A) A requirement that the manufacturer or installer 
of such products provide minimum warranties. 
(B) Establishment of enhanced minimum specifications 
or performance standards for such products. 
(C) The use of insurance or other means to improve 
the performance and value of such products. 
(2) SOLICITATION OF VIEWS.—In conducting the study under 
this subsection, the Secretary shall solicit and consider the 
views of airport operators, manufacturers of airport pavement 
maintenance and rehabilitation products, installers of such 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1573 
products, appropriate Federal agencies, and other relevant 
persons. 
(3) REPORT.—^Not later than June 1, 1995, the Secretary 
shall report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives 
on the results of the study conducted under this subsection. 
SEC. 108. REPEAL OF GENERAL AVIATION AIRPORT PROJECT GRANT 
APPLICATION APPROVAL. 
Section 47106 is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as subsection (d). 
SEC. 109. REPORTS ON IMPACTS OF NEW AIRPORT PROJECTS. 
Section 47106 is amended by adding at the end the following: 
"(e) REPORTS RELATING TO CONSTRUCTION OF CERTAIN NEW 
HUB AIRPORTS.—^At least 90 days prior to the approval under this 
subchapter of a project grant application for construction of a new 
hub airport that is expected to have 0.25 percent or more of the 
total annual enplanements in the United States, the Secretary 
shall submit to Congress a report analyzing the anticipated impact 
of such proposed new airport on— 
"(1) the fees charged to air carriers (including landing 
fees), and other costs that will be incurred by air carriers, 
for using the proposed airport; 
"(2) air transportation that will be provided in the 
geographic region of the proposed airport; and 
"(3) the availability and cost of providing air transportation 
to rural areas in such geographic region.". 
SEC. 110. AIRPORT FEES POLICY. 
Section 47101(a) is further amended by adding at the end 
the following: 
"(12) that airport fees, rates, and charges must be reason-
able and may only be used for purposes not prohibited by 
this Act; and 
"(13) that airports should be as self-sustaining as possible 
under the circumstances existing at each particular airport 
and in establishing new fees, rates, and charges, and generating 
revenues from all sources, airport owners and operators should 
not seek to create revenue surpluses that exceed the amounts 
to be used for airport system purposes and for other purposes 
for which airport revenues may be spent under section 
47107(b)(1) of this title, including reasonable reserves and other 
funds to facilitate financing and cover contingencies.". 
SEC. 111. AIRPORT FINANCIAL REPORTS. 
(a) IN GENERAL.—Section 47107(a) is amended— 
(1) by inserting before the semicolon at the end of para-
graph (15) "and make such reports available to the public"; 
(2) by striking "and" at the end of paragraph (17); 
(3) by striking the period at the end of paragraph (18) 
and inserting "; and"; and 
(4) by adding at the end the following: 
"(19) the airport; owner or operator will submit to the Public 
Secretary and make available to the public an annual report information, 
listing in detail— 
108 STAT. 1574 
PUBLIC LAW 103-305—AUG. 23, 1994 
49 u s e 47107 
note. 
"(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 compensation received 
for provision of each such service and property.". 
(b) FORMAT FOR REPORTING.—Within 180 days after the date 
of the enactment of this Act, the Secretary shall prescribe a uniform 
simplified format for reporting that is applicable to airports. Such 
format shall be designed to enaole the public to understand readily 
how funds are collected and spent at airports, and to provide 
sufficient information relating to total revenues, operating expendi-
tures, capital expenditures, debt service payments, contributions 
to restricted funds, accounts, or reserves required by financing 
agreements or covenants or airport lease or use agreements or 
covenants. Such format shall require each commercial service air-
port to report the amount of any revenue surplus, the amount 
of concession-generated revenue, and other information as required 
by the Secretary. 
(c) ANNUAL SUMMARIES.—Section 47107 is amended by adding 
at the end the following: 
"(k) ANNUAL SUMMARIES OF FINANCIAL REPORTS.—^The Sec-
retary shall provide to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Public Works 
and Transportation of the House of Representatives an annual 
summary of the reports submitted to the Secretary under subsection 
(a)(19) of this section and under section 111(b) of the Federal 
Aviation Administration Authorization Act of 1994.". 
SEC. 112. ADDITIONAL ENFORCEMENT AGAINST ILLEGAL DIVERSION 
OF AIRPORT REVENUE. 
(a) NEW POLICIES AND PROCEDURES.—Section 47107 is further 
amended by adding at the end the following: 
"(1) 
POLICIES AND PROCEDURES TO ENSURE 
ENFORCEMENT 
AGAINST ILLEGAL DIVERSION OF AIRPORT REVENUE.— 
"(1) IN GENERAL.—Not later than 90 days after the date 
of he enactment of this subsection, the Secretary of Transpor-
tation shall establish policies and procedures that will assure 
the prompt and effective enforcement of subsections (a)(13) 
and (b) of this section and grant assurances made under such 
subsections. Such policies and procedures shall recognize the 
exemption provision in subsection (b)(2) of this section and 
shall respond to the information contained in the reports of 
the Inspector General of the Department of Transportation 
on airport revenue diversion and such other relevant informa-
tion as the Secretary may by law consider. 
"(2) REVENUE DIVERSION.—Policies and procedures to be 
established pursuant to paragraph (1) of this subsection shall 
prohibit, at a minimum, the diversion of airport revenues 
(except as authorized under subsection (b) of this section) 
through— 
"(A) direct pajnnents or indirect payments, other than 
payments reflecting the value of services and facilities pro-
vided to the airport; 
"(B) use of airport revenues for general economic devel-
opment, marketing, and promotional activities unrelated 
to airports or airport systems; 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1575 
"(C) payments in lieu of taxes or other assessments 
that exceed the value of services provided; or 
"(D) payments to compensate nonsponsoring govern-
mental bodies for lost tax revenues exceeding stated tax 
rates. 
"(3) EFFORTS TO BE SELF-SUSTAINING.—^With respect to sub-
section (a)(13) of this section, policies and procedures to be 
established pursuant to paragraph (1) of this subsection shall 
take into account, at a minimum, whether owners and operators 
of airports, when entering into new or revised agreements 
or otherwise establishing rates, charges, and fees, have under-
taken reasonable efforts to make their particular airports as 
self-sustaining as possible under the circumstances existing 
at such airports. 
"(4) ADMINISTRATIVE SAFEGUARDS.—^Policies and procedures 
to be established pursuant to paragraph (1) shall mandate 
internal controls, auditing requirements, and increased levels 
of Department of Transportation personnel sufficient to respond 
fully and promptly to complaints received regarding possible 
violations of subsections (a)(13) and (b) of this section and 
grant assurances made under such subsections and to alert 
the Secretary to such possible violations.". 
(b) WITHHOLDING OF ./^PROVAL OF APPLICATIONS FOR GRANTS 
O
R PASSENGER FACILITY CHARGES; JUDICIAL ENFORCEMENT.—Sec-
tion 47111 is amended by adding at the end the following: 
"(e) ACTION ON GRANT ASSURANCES CONCERNING AIRPORT 
REVENUES.—If, after notice and opportunity for a hearing, the Sec-
retary finds a violation of section 47107(b) of this title, as further 
defined by the Secretary under section 47107(1) of this title, or 
a violation of an assurance made under section 47107(b) of this 
title, and the Secretary has provided an opportunity for the airport 
sponsor to take corrective action to cure such violation, and such 
corrective action has not been taken within the period of time 
set by the Secretary, the Secretary shall withhold approval of any 
new grant application for funds under this chapter, or any proposed 
modification to an existing grant that would increase the amount 
of funds made available under this chapter to the airport sponsor, 
and withhold approval of any new application to impose a fee 
under section 40117 of this title. Such applications may thereafter 
be approved only upon a finding by the Secretary that such correc-
tive action as the Secretary requires has been taken to address 
the violation and that the violation no longer exists. 
"(D JUDICIAL ENFORCEMENT.—^For any violation of this chapter 
or any grant assurance made under this chapter, the Secretary 
may apply to the district court of the United States for any district 
in which the violation occurred for enforcement. Such court shall 
have jurisdiction to enforce obedience thereto by a writ of injunction 
or other process, mandatory or otherwise, restraining any person 
from further violation.". 
(c) CIVIL PENALTIES.— 
(1) GENERAL PENALTY.—Section 46301(a) is amended— 
(A) in paragraph (1) by striking "or 46303" and insert-
ing "46303, 47107(b) (including any assurance made under 
such section)"; and 
(B) by adding at the end the following: 
108 STAT. 1576 
PUBLIC LAW 103-305—AUG. 23, 1994 
"(5) In the case of a violation of section 47107(b) of this title, 
the maximum civil penalty for a continuing violation shall not 
exceed $50,000.". 
(2) 
ADMINISTRATIVE 
PENALTY.—Section 
46301(d)(2) 
is 
amended by striking "or 46303" and inserting "46303, or 
47107(b) (as further defined by the Secretary under section 
47107(1) and including any assurance made under section 
47107(b))". 
(3) PROCEDURES.—Section 46301(d)(7) is amended by add-
ing at the end the following: 
"(D) In the case of a violation of section 47107(b) of this title 
or any assurance made under such section— 
"(i) a civil penalty shall not be assessed against an individ-
ual; 
"(ii) a civil penalty may be compromised as provided under 
subsection (f); and 
"(iii) judicial review of any order assessing a civil penalty 
may be obtained only pursuant to section 46110 of this title.". 
(d) CONSIDERATION OF DIVERSION OF REVENUES IN AWARDING 
DISCRETIONARY GRANTS.—Section 47115 is amended by adding at 
the end the following new subsection: 
"(f) CONSIDERATION OF DIVERSION OF REVENUES IN AWARDING 
DISCRETIONARY GRANTS.— 
"(1) GENERAL RULE.—Subject to paragraph (2), in deciding 
whether or not to distribute funds to an airport from the 
discretionary funds established by subsection (a) of this section 
and section 47116 of this title, 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 gen-
erated 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 system or other local facilities which are 
owned or operated by the owner or operator of the airport 
and directly and substantially related to the actual air transpor-
tation of passengers or property. 
"(2) REQUIRED FINDING.—Paragraph (1) shall apply only 
when the Secretary finds that the amount of revenues used 
by the airport for purposes other than capital or operating 
costs in the airport's fiscal year preceding the date of the 
application for discretionary funds exceeds the amount of such 
revenues in the airport's first fiscal year ending after the 
date of the enactment of this subsection, adjusted by the Sec-
retary for changes in the Consumer Price Index of All Urban 
Consumers published by the Bureau of Labor Statistics of the 
Department of Labor.". 
(e) UNREASONABLE BURDEN ON INTERSTATE COMMERCE.—Sec-
tion 40116(d)(2)(A) is amended by adding at the end the following: 
"(iv) Levy or collect a tax, fee, or charge, first taking 
effect after the date of the enactment of this clause, exclusively 
upon any business located at a commercial service airport or 
operating as a permittee of such an airport other than a tax, 
fee, or charge wholly utilized for airport or aeronautical pur-
poses.". 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1577 
SEC. 113. RESOLUTION 
OF 
AIRPORT-AIR 
CARRIER 
DISPUTES 
CONCERNING AIRPORT FEES. 
(a) IN GENERAL.—Subchapter I of chapter 471 of subtitle VII 
is amended— 
(1) by redesignating section 47129 (and any references 
thereto) as section 47131; and 
(2) by inserting after section 47128 the following new sec-
tion: 
*
*
§ 47129. Resolution of airport-air carrier disputes concern-
ing airport fees 
"(a) AUTHORITY TO REQUEST SECRETARY'S DETERMINATION.— 
"(1) IN GENERAI^.—The Secretary of Transportation shall 
issue a determination as to whether a fee imposed upon one 
or more air carriers (as defined in section 40102 of this subtitle) 
by the owner or operator of an airport is reasonable if— 
"(A) a written request for such determination is filed 
with the Secretary by such owner or operator; or 
"(B) a written complaint requesting such determination 
is filed with the Secretary by an affected air carrier within 
60 days after such carrier receives written notice of the 
establishment or increase of such fee. 
"(2) CALCULATION OF FEE.—^A fee subject to a determination 
of reasonableness under this section may be calculated pursu-
ant to either a compensatory or residual fee methodology or 
any combination thereof. 
"(3) SECRETARY NOT TO SET FEE.—In determining whether 
a fee is reasonable under this section, the Secretary may only 
determine whether the fee is reasonable or unreasonable and 
shall not set the level of the fee. 
"(b) PROCEDURAL REGULATIONS.—Not later than 90 days after 
Federal 
the date of the enactment of this section, the Secretary shall publish 
^^fj^^^r' 
in the Federal Register finsd regulations, policy statements, or ^" ^^^ ^°" 
guidelines establishing— 
"(1) the procedures for acting upon any written request 
or complaint filed under subsection (a)(1); and 
"(2) the standards or guidelines that shall be used by 
the Secretary in determining under this section whether an 
airport fee is reasonable. 
"(c) DECISIONS BY SECRETARY.—The final regulations, policy 
statements, or guidelines required in subsection (b) shall provide 
the following: 
"(1) Not more than 120 days after an air carrier files 
with the Secretary a written complaint relating to an airport 
fee, the Secretary shall issue a final order determining whether 
such fee is reasonable. 
"(2) Within 30 days sifter such complaint is filed with 
the Secretary, the Secretary shall dismiss the complsiint if 
no significant dispute exists or shall assign the matter to an 
administrative law judge; and thereafter the matter shall be 
handled in accordance with part 302 of title 14, Code of Federal 
Regulations, or as modified by the Secretary to ensure an 
orderly disposition of the matter within the 120-day period 
and any specifically applicable provisions of this section. 
"(3) The administrative law judge shall issue a rec-
ommended decision within 60 days after the complaint is 
108 STAT. 1578 
PUBLIC LAW 103-305—AUG. 23, 1994 
assigned or within such shorter period as the Secretary may 
specify. 
"(4) If the Secretary, upon the expiration of 120 days after 
the fiUng of the complaint, has not issued a final order, the 
decision of the administrative law judge shall be deemed to 
be the final order of the Secretary. 
"(5) Any party to the dispute may seek review of a final 
order of the Secretary under this subsection in the Circuit 
Court of Appeals for the District of Columbia Circuit or the 
court of appeals in the circuit where the airport which gives 
rise to the written complaint is located. 
"(6) Any findings of fact in a final order of the Secretary 
under this subsection, if supported by substantial evidence, 
shall be conclusive if challenged in a court pursuant to this 
subsection. No objection to such a final order shall be considered 
by the court unless objection was urged before an administra-
tive law judge or the Secretary at a proceeding under this 
subsection or, if not so urged, unless there were reasonable 
grounds for failure to do so. 
"(d) PAYMENT UNDER PROTEST; GUARANTEE OF AIR CARRIER 
ACCESS.— 
"(1) PAYMENT UNDER PROTEST.— 
"(A) IN GENERAL.—^Any fee increase or newly estab-
lished fee which is the subject of a complaint that is not 
dismissed by the Secretary shall be paid by the complainant 
air carrier to the airport under protest. 
"(B) REFERRAL OR CREDIT.—^Any amounts paid under 
this subsection by a complainant air carrier to the airport 
under protest shall be subject to refund or credit to the 
air carrier in accordance with directions in the final order 
of the Secretary within 30 days of such order. 
"(C) ASSURANCE OF TIMELY REPAYMENT.—In order to 
assure the timely repajonent, with interest, of amounts 
in dispute determined not to be reasonable by the Sec-
retary, the airport shall obtain a letter of credit, or surety 
bond, or other suitable credit facility, equal to the amount 
in dispute that is due during the 120-day period established 
by this section, plus interest, unless the airport and the 
complainant air carrier agree otherwise. 
"(D) DEADLINE,—^The letter of credit, or surety bond, 
or other suitable credit facility shall be provided to the 
Secretary within 20 days of the filing of the complaint 
and shall remain in effect for 30 days after the earlier 
of 120 days or the issuance of a timely final order by 
the Secretary determining whether such fee is reasonable. 
"(2) GUARANTEE OF AIR CARRIER ACCESS.—Contingent upon 
an air carrier's compliance with the requirements of paragraph 
(1) and pending the issuance of a final order by the Secretary 
determining the reasonableness of a fee that is the subject 
of a complaint filed under subsection (a)(1)(B), an owner or 
operator of an airport may not deny an air carrier currently 
providing air service at the airport reasonable access to airport 
facilities or service, or otherwise interfere with an air carrier's 
prices, routes, or services, as a means of enforcing the fee. 
"(e) APPLICABILITY.—^This section does not apply to— 
"(1) a fee imposed pursuant to a written agreement with 
air carriers using the facilities of an airport; 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1579 
"(2) a fee imposed pursuant to a financing agreement or 
covenant entered into prior to the date of the enactment of 
this section; or 
"(3) any other existing fee not in dispute as of such date 
of enactment. 
"(f) EFFECT ON EXISTING AGREEMENTS.—^Nothing in this section 
shall adversely affect— 
"(1) the rights of any party under any existing written 
agreement between an air carrier and the owner or operator 
ofan airport; or 
"(2) the ability of an airport to meet its obligations under 
a financing agreement, or covenant, that is in force as of the 
date of the enactment of this section. 
"(g) DEFINITION.—In this section, the term 'fee' means any 
rate, rental charge, landing fee, or other service charge for the 
use of airport facilities.". 
(b) CONFORMING AMENDMENT.—The analysis to such chapter 
is amended— 
(1) by striking "47129" and inserting "47131"; and 
(2) by inserting after the item relating to section 47128 
the following: 
"47129. Resolution of airport-air carrier disputes concerning airport fees.". 
SEC. 114. TERMINAL DEVELOPMENT. 
Section 47109 is amended— 
(1) in subsection (a) by striking "subsections (b) and (c)" 
and inserting "subsection (b)"; and 
(2) by striking subsection (c). 
SEC. 115. LETTERS OF INTENT. 
Section 47110(e) is amended by adding at the end the following: 
"(6) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 
in this section shall be construed to prohibit the obligation 
of amounts pursuant to a letter of intent under this subsection 
in the same fiscal year as the letter of intent is issued.". 
SEC. 116. MILITARY AIRPORT PROGRAM. 
(a) MILITARY AIRPORT SET-ASIDE.—Section 47117(e)(1)(E) is 
amended by striking ", and 1995" and inserting ", 1995, and 1996". 
(b) DESIGNATION OF MILITARY AIRPORTS.—Section 47118(a) is 
amended— 
(1) by striking "12" and inserting "15"; and 
(2) by adding at the end the following: "The Secretary 
may only designate an airport for such grants (other than 
an airport designated for such grants on or before the date 
of the enactment of this sentence) if the Secretary finds that 
grants under such section for projects at such airport would 
reduce delays at an airport with more than 20,000 hours of 
annual delays in commercial passenger aircraft takeoffs and 
landings.". 
(c) ELIMINATION OF EXTENSION OF 5-YEAR PERIOD OF ELIGI-
BILITY.—Section 47118(d) is amended by striking the last sentence. 
(d) CONSTRUCTION OF PARKING LOTS, FUEL FARMS, AND UTILI-
TIES.—Section 47118(f) is amended by striking "-1995" and insert-
ing "-1996". 
SEC. 117. TERMINAL DEVELOPMENT COSTS. 
Section 47119 is amended— 
108 STAT. 1580 
PUBLIC LAW 103-305—AUG. 23, 1994 
(1) in subsection (a) by inserting "or, in the case of a 
commercial service airport which annually had less than 0.05 
percent of the total enplanements in the United States, between 
' January 1, 1992, and October 31, 1992," after "July 12, 1976,"; 
and 
(2) by adding at the end the following: 
"(c) NONHUB AIRPORTS.—^With respect to a project at a commer-
cial service airport which annually has less than 0.05 percent 
of the total enplanements in the United States, the Secretary may 
approve the use of the amounts described in subsection (a) notwith-
standing the requirements of sections 47107(a)(17), 47112, and 
47113.". 
SEC. 118. AIRPORT SAFETY DATA COLLECTION. 
(a) IN GENERAL.—Chapter 471 of subtitle VII is further 
amended by inserting after section 47129 the following: 
^§ 47130. Airport safety data collection 
"Notwithstanding any other provision of law, the Administrator 
of the Federal Aviation Administration may contract, using sole 
source or limited source authority, for the collection of airport 
safety data.". 
(b) CLERICAL AMENDMENT.—^The analysis for such chapter 471 
is further amended by inserting after the item relating to section 
47129 the following: 
"47130. Airport safety data collection.". 
SEC. 119. SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDEN-
TIAL BUILDINGS AND PROPERTIES. 
Section 47504(c) is amended— 
(1) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively; 
(2) i
D
y inserting after paragraph (1) the following: 
"(2) SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDEN-
TIAL BUILDINGS AND PROPERTIES.—The Secretary may incur 
obligations to make grants from amounts made available under 
^ section 48103 of this title— 
"(A) for projects to soundproof residential buildings— 
"(i) if the airport operator 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; 
"(ii) if the airport operator submits updated noise 
exposure contours, as required by the Secretary; and 
"(iii) if the Secretary determines that the proposed 
projects are compatible with the purposes of this chap-
ter; and 
"(B) to an airport operator and unit of local government 
referred to in paragraph (1)(A) or (1)(B) of this subsection 
to soundproof residential buildings located on residential 
properties, and to acquire residential properties, at which 
noise levels are not compatible with normal operations 
of an airport— 
"(i) if the airport operator amended an existing 
local aircraft noise regulation during calendar year 
1993 to increase the maximum permitted noise levels 
for scheduled air carrier aircraft as a direct result 
of implementation of revised aircraft noise departure 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1581 
procedures mandated for aircraft safety purposes by 
the Administrator of the Federal Aviation Administra-
tion for standardized application at airports served 
by scheduled air carriers; 
"(ii) if the airport operator submits updated noise 
exposure contours, as required by the Secretary; and 
"(iii) if the Secretary determines that the proposed 
projects are compatible with the purposes of this chap-
ter."; and 
(3) in paragraph (4), as so redesignated, by striking "para-
graph (1) of. 
SEC. 120. LANDING ATOS AND NAVIGATIONAL EQUIPMENT INVENTORY 
POOL. 
(a) PURCHASE.—Section 44502(a) is amended by adding at the 
end the following new paragraph: 
"(4) PURCHASE OF INSTRUMENT LANDING SYSTEM.— 
"(A) 
ESTABLISHMENT 
OF PROGRAM.—The Secretary 
shall purchase precision approach instrument landing sys-
tem equipment for installation at airports on an expedited 
"(B) AUTHORIZATION.—No less than $30,000,000 of the 
amounts appropriated under section 48101(a) for each of 
fiscal years 1995 and 1996 shall be used for the purpose 
of carrying out this paragraph, including acquisition, site 
preparation work, installation, and related expenditures.". 
(b) COST SAVINGS ASSOCIATED WITH PURCHASE.—Notwithstand- 
49 use 44502 
ing other provisions of law or regulations to the contrary, the "°*®-
Administrator shall establish, within 120 days after the date of 
the enactment of this Act, a process through which airport sponsors 
may take advantage of cost savings associated with the purchase 
and installation of instrument landing systems, along with associ-
ated equipment, under existing or future Federal Aviation Adminis-
tration contracts. The process established by the Administrator 
may provide for the direct reimbursement (including administrative 
costs) of the Administrator by an airport sponsor using grants 
funds under subchapter I of chapter 471 of subtitle VII of title 
49, United States Code, relating to airport improvement, for the 
ordering of such equipment and installation or for the direct order-
ing of such equipment and installation by an airport sponsor, using 
such grant funds, from the suppliers with which the Administrator 
has contracted. 
SEC. 121. REVIEW OF PASSENGER FACILITY CHARGE PROGRAM. 
The Secretary shall conduct a review of section 158.49(b) of 
title 14, Code of Federal Regulations, to assess the effectiveness 
of such section in light of the objectives of section 40117 of title 
49, United States Code, and shall take such corrective action as 
the Secretary determines to be necessary to address any problems 
discovered in the review. 
TITLE II—OTHER AVIATION PROGRAMS 
SEC. 201. TERM OF OFFICE OF FAA ADMINISTRATOR. 
Section 106(b) 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.". 
79-194 0—95—28 : QL 3 Part 2 
108 STAT. 1582 
PUBLIC LAW 103-305—AUG. 23, 1994 
SEC. 202. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES. 
Section 40113 is amended by adding at the end the following 
new subsection: 
"(e) ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.— 
"(1) SAFETY-RELATED TRAINING AND OPERATIONAL SERV-
ICES.—^The Administrator may provide safety-related training 
and operational services to foreign aviation authorities with 
or without reimbursement, if the Administrator determines 
that providing such services promotes aviation safety. To the 
extent practicable, air travel reimbursed under this subsection 
shall be conducted on United States air carriers. 
"(2) REIMBURSEMENT SOUGHT.—^The Administrator shall 
actively seek reimbursement for services provided under this 
subsection from foreign aviation authorities capable of providing 
such reimbursement. 
"(3) CREDITING APPROPRIATIONS.—Funds received by the 
Administrator pursuant to this section shall be credited to 
the appropriation from which the expenses were incurred in 
providing such services. 
Records. 
"(4) REPORTING.—Not later than December 31, 1995, and 
annually thereafter, the Administrator shall transmit to Con-
gress a list of the foreign aviation authorities to which the 
Administrator provided services under this subsection in the 
preceding fiscal year. Such list shall specify the dollar value 
of such services and any reimbursement received for such 
services.". 
SEC. 203. USE OF PASSENGER FACILITY CHARGES TO MEET FEDERAL 
MANDATES. 
Section 40117(a)(3) is amended— 
(1) by striking "and" at end of subparagraph (D); 
(2) by striking the period at the end of subparagraph (E) 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(F) in addition to projects eligible under subparagraph 
(A), the construction, reconstruction, repair, or improve-
ment of areas of an airport used for the operation of aircraft 
or actions to mitigate the environmental effects of such 
construction, reconstruction, repair, or improvement when 
the construction, reconstruction, repair, improvement, or 
action is necessary for compliance with the responsibilities 
of the operator or owner of the airport under the Americans 
with Disabilities Act of 1990, the Clean Air Act, or the 
Federal Water Pollution Control Act with respect to the 
airport.". 
SEC. 204. PASSENGER FACILITY CHARGES. 
(a) CLARIFICATION OF APPLICABILITY.— 
(1) GENERAL RULE.—Section 40117(e)(2) is amended— 
(A) by striking "and" at the end of subparagraph (B); 
(B) by striking the period at the end of subparagraph 
(C)(ii) and inserting "; and"; and 
(C) by adding at the end the following: 
"(D) 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.". 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1583 
(2) LIMITATION ON STATUTORY CONSTRUCTION.—^The amend-
ment made by paragraph (1) shall not be construed as requiring 
any person to refund any fee paid before the date of the enact-
ment of this Act. 
(b) USE OF REVENUES AND RELATIONSHIP BETWEEN FEES AND 
REVENUES.—Section 40117(d) is amended— 
(1) by striking "and" at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2)(C) 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(3) the application includes adequate justification for each 
of the specific projects.". 
SEC. 205. GAMBLING ON COMMERCIAL AIRCRAFT. 
(a) IN GENERAL.— 
(1) RESTRICTIONS.—Chapter 413 of subtitle VII is amended 
by adding at the end the following: 
^§ 41311. Gambling restrictions 
"(a) IN GENERAL.—^An air carrier or foreign air carrier may 
not install, transport, or operate, or permit the use of, any gambling 
device on board an aircraft in foreign air transportation. 
"(b) DEFINITION.—In this section, the term 'gambling device' 
means any machine or mechanical device (including gambling 
applications on electronic interactive video systems installed on 
board aircraft for passenger use)— 
"(1) which when operated may deliver, as the result of 
the application of an element of chance, any money or property; 
or 
"(2) by the operation of which a person may become entitled 
to receive, as the result of the application of an element of 
chance, any money or property.". 
(2) CLERICAL AMENDMENT.—^The analysis of such chapter 
413 is amended by inserting at the end the following new 
item: 
"41311. Gambling restrictions.". 
(b) STUDY OF GAMBLING ON COMMERCIAL AIRCRAFT.—Not later 
than 1 year after the date of the enactment of this Act, the Secretary 
shall complete a study of— 
(1) the aviation safety effects of gambling applications on 
electronic interactive video systems installed on board aircraft 
for passenger use, including an evgJuation of the effect of such 
systems on the navigational and other electronic equipment 
of the aircraft, on the passengers and crew of the aircraft, 
and on issues relating to the method of payment; 
(2) the competitive implications of permitting foreign air 
carriers only, but not United States air carriers, to install, 
transport, and operate gambling applications on electronic 
interactive video systems on board aircraft in the foreign com-
merce of the United States on flights over international waters, 
or in fifth freedom city-pair markets; and 
(3) whether gambling should be allowed on intemationsd 
flights, including proposed legislation to effectuate any rec-
ommended changes in existing law. 
The Secretary shall, within 5 days after the completion of the 
study, submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Public 
49 u s e 40117 
note. 
49 u s e 41311 
note. 
Reports. 
108 STAT. 1584 
PUBLIC LAW 103-305—AUG. 23, 1994 
Works and Transportation of the House of Representatives on the 
results of the study. 
SEC. 206. SLOTS FOR AIR CARRIERS AT AIRPORTS. 
(a) AVAILABILITY OF SLOTS.— 
(1) IN GENERAL.—Subchapter I of chapter 417 of subtitle 
VII is amended by adding at the end the following: 
<
"
§ 41714. Availability of slots 
"(a) MAKING SLOTS AVAILABLE FOR ESSENTIAL AIR SERVICE.— 
"(1) OPERATIONAL AUTHORITY.—If basic essential air service 
under subchapter II of this chapter is to be provided from 
an eligible point to a high density airport (other than Washing-
ton National Airport), the Secretary of Transportation shall 
ensure that the air carrier providing or selected to provide 
such service has sufficient operational authority at the high 
density airport to provide such service. The operational author-
ity shall allow flights at reasonable times taking into account 
the needs of passengers with connecting flights. 
"(2) EXEMPTIONS.—If necessary to carry out the objectives 
of paragraph (1), the Secretary shall by order grant exemptions 
' 
from the requirements of subparts K and S of part 93 of 
title 14, Code of Federal Regulations (pertaining to slots at 
high density airports), to air carriers using Stage 3 aircraft 
or to commuter air carriers, unless such an exemption would 
significantly increase operational delays. 
"(3) ASSURANCE OF ACCESS.—If the Secretary finds that 
an exemption under paragraph (2) would significantly increase 
operational delays, the Secretary shall take such action as 
may be necessary to ensure that an air carrier providing or 
selected to provide basic essential air service is able to obtain 
access to a high density airport; except that the Secretary 
shall not be required to make slots available at O'Hare Inter-
national Airport in Chicago, Illinois, if the number of slots 
available for basic essential air service (including slots specifi-
cally designated as essential air service slots and slots used 
for such purposes) to and from such airport is at least 132 
slots. 
"(4) ACTION BY THE SECRETARY.—The Secretary shall issue 
a final order under this subsection on or before the 60th day 
after receiving a request from an air carrier for operational 
authority under this subsection. 
"(b) SLOTS FOR FOREIGN AIR TRANSPORTATION.— 
"(1) EXEMPTIONS.—If the Secretary finds it to be in the 
public interest at a high density airport (other than Washington 
National Airport), the Secretary may grant by order exemptions 
from the requirements of subparts K and S of part 93 of 
title 14, Code of Federal Regulations (pertaining to slots at 
high density airports), to enable air carriers and foreign air 
carriers to provide foreign air transportation using Stage 3 
aircraft. 
"(2) SLOT WITHDRAWALS.—The Secretary may not withdraw 
a slot from an air carrier in order to allocate that slot to 
a carrier to provide foreign air transportation if the withdrawal 
of that slot would result in the withdrawal of slots from an 
air carrier at O'Hare Intemationsd Airport under section 93.223 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1585 
of title 14, Code of Federal Regulations, in excess of the total 
withdrawn from that air carrier as of October 31, 1993. 
"(3) EQUIVALENT RIGHTS OF ACCESS.—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. 
"(4) 
PERIOD 
OF EFFECTIVENESS.—^This subsection 
and 
exemptions issued under this subsection shall cease to be in 
effect when the final rules issued under subsection (f) become 
effective. 
"(c) SLOTS FOR NEW ENTRANTS.— 
"(1) IN GENERAL.—If the Secretary finds it to be in the 
public interest and the circumstances to be exceptional, the 
Secretary may by order grant exemptions from the require-
ments under subparts K and S of part 93 of title 14, Code 
of Federal Regulations (pertaining to slots at high density air-
ports), to enable new entrant air carriers to provide air 
transportation at high density airports (other than Washington 
National Airport). 
"(2) PERIOD OF EFFECTIVENESS.—Exemptions issued under 
this subsection shall cease to be in effect on or after the date 
on which the final rules issued under subsection (f) become 
effective. 
"(d) 
SPECIAL RULES FOR WASHINGTON NATIONAL AIRPORT.— 
"(1) IN GENERAL.—Notwithstanding sections 6005(c)(5) and 
6009(e) of the Metropolitan Washington Airports Act of 1986, 
or any provision of this section, the Secretary may, only under 
circumstances determined by the Secretary to be exceptional, 
grant by order to an air carrier currently holding or operating 
a slot at Washington National Airport an exemption from 
requirements under subparts K and S of part 93 of title 14, 
Code of Federal Regulations (pertaining to slots at Washington 
National Airport), to enable that carrier to provide air transpor-
tation with Stage 3 aircraft at Washington National Airport; 
except that such exemption shall not— 
"(A) result in an increase in the total number of slots 
per day at Washington National Airport; 
"(B) result in an increase in the total number of slots 
at Washington National Airport from 7:00 ante meridiem 
to 9:59 post meridiem; 
"(C) increase the number of operations at Washington 
National Airport in any 1-hour period by more than 2 
operations; 
"(D) result in the withdrawal or reduction of slots 
operated by an air carrier; 
"(E) result in a net increase in noise impact on 
surrounding communities resulting from changes in timing 
of operations permitted under this subsection; and 
"(F) continue in effect on or after the date on which 
the final rules issued under subsection (f) become effective. 
"(2) LIMITATION ON APPLICABILITY.—^Nothing in this sub-
section shall adversely affect Exemption No. 5133, as from 
time-to-time amended and extended. 
"(e) STUDY.— 
108 STAT. 1586 
PUBLIC LAW 103-305—AUG. 23, 1994 
"(1) MATTERS TO BE CONSIDERED.—^The Secretary shall con-
tinue the Secretary's current examination of slot regulations 
and shall ensure that the examination includes consideration 
of— 
"(A) whether improvements in technology and proce-
dures of the air traffic control system and the use of quieter 
aircraft make it possible to eliminate the limitations on 
hourly operations imposed by the high density rule con-
tained in part 93 of title 14 of the Code of Federal Regula-
tions or to increase the number of operations permitted 
under such rule; 
"(B) the effects of the elimination of limitations or 
an increase in the number of operations allowed on each 
of the following: 
"(i) congestion and delay in any part of the national 
aviation system; 
"(ii) the impact of noise on persons living near 
the airport; 
"(iii) competition in the air transportation system; 
"(iv) the profitability of operations of airlines serv-
ing the airport; and 
"(v) aviation SEifety; 
"(C) the impact of the current slot allocation process 
upon the ability of air carriers to provide essential air 
service under subchapter II of this chapter; 
"(D) the impact of such allocation process upon the 
ability of new entrant air carriers to obtain slots in time 
periods that enable them to provide service; 
"(E) the impact of such allocation process on the ability 
of foreign air carriers to obtain slots; 
"(F) the fairness of such process to air carriers and 
the extent to which air carriers are provided equivalent 
rights of access to the air transportation market in the 
countries of which foreign air carriers holding slots are 
citizens; 
"(G) the impact, on the ability of air carriers to provide 
domestic and international air service, of the withdrawal 
of slots from air carriers in order to provide slots for foreign 
air carriers; and 
"(H) the impact of the prohibition on slot withdrawals 
in subsections (b)(2) and (b)(3) of this section on the avia-
tion relationship between the United States Grovemment 
and foreign governments, including whether the prohibition 
in such subsections will require the withdrawal of slots 
from general and military aviation in order to meet the 
needs of air carriers and foreign air carriers providing 
foreign air transportation (and the impact of such with-
drawal on general aviation and military aviation) and 
whether slots will become available to meet the needs 
of air carriers and foreign air carriers to provide foreign 
air transportation as a result of the planned relocation 
of Air Force Reserve units and the Air National Guard 
at O'Hare International Airport. 
"(2) REPORT.—Not later than January 31, 1995, the Sec-
retary shall complete the current examination of slot regula-
tions and shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1587 
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 OPEIL^TIONS.—^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 MR 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 sifter 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— 
"(1) the carrier involved is experiencing a sudden or unfore-
seen financial emergency, including natural weather related 
emergencies, equipment-related emergencies, and strikes; 
108 STAT. 1588 
PUBLIC LAW 103-305—AUG. 23, 1994 
"(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 t3rpes 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 
Federsd 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.", 
49 use 41715 
(d) EFFECTIVE DATE,—^The amendments made by this section 
note. 
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 
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: 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1589 
"(A) The State or political subdivision of 1he State that 
is the residence of the employee. 
"(B) The State or politic£il 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 Eiircraft.". 
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". 
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; 
Federal Aviation 
Administration 
Research, 
Engineering, and 
Development Act 
of 1994. 
49 u s e 40101 
note. 
108 STAT. 1590 
PUBLIC LAW 103-305-AUG. 23, 1994 
"(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.". 
49 use 40101 
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 
(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 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1591 
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. 
49 USC 40101 
(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 
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). 
108 STAT. 1592 
PUBLIC LAW 103-305—AUG. 23, 1994 
49 u s e 49101 
note. 
Reports. 
(d) PARTICIPATION.—In carrying out the research program 
estabhshed 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— 
(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. 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1593 
SEC. 306. PURCHASE OF AMERICAN MADE EQUIPMENT AND PROD- 
49 USC 49101 
UCTS. 
note. 
(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 tho 
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) GrOAL.—^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 rotorcrsift, 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 
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 
108 STAT. 1594 
PUBLIC LAW 103-305—AUG. 23, 1994 
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 substantiall} reduced levels of noise to reduce the impact of 
such aircraft snd 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 
49 u s e 45102 
SEC. 501. RULEMAKING ON RANDOM TESTING FOR PROHIBITED 
"o*® 
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 
in the annualized rate now required by the Secretary of random 
testing for prohibited drugs for personnel engaged in aviation 
activities. 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1595 
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 (Pubhc 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) £ind 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. 
(c) PUBLICATION.—^The Secretary shall publish the list required 
under subsection (a) not later than 30 days after the date of the 
enactment of this Act. The Secretary shall publish a revision to 
49 use app. 
1348 note. 
Records. 
Publication. 
49 use 40101 
note. 
108 STAT. 1596 
PUBLIC LAW 103-305—AUG. 23, 1994 
49 u s e 47124 
note. 
Louisiana. 
Alaska. 
the list not later than 30 days after completing the revision under 
subsection (b). 
SEC. 508. CONTRACT TOWER ASSISTANCE. 
The Secretary shall take appropriate action to assist commu-
nities where the Secretary deems such assistance appropriate in 
obtaining the installation of a Level I Contract Tower for those 
communities. 
SEC. 509. DISCONTINUATION OF AVIATION SAFETY JOURNAL. 
(a) IN GENERAL.—^The Administrator may not publish, nor con-
tract with any other organization for the publication of, the maga-
zine known as the "Aviation Safety Journal". 
(b) CANCELLATION OF EXISTING CONTRACTS.—Not later than 
30 days after the date of the enactment of this Act, the Adminis-
trator shall cancel any existing contract for publication of the Avia-
tion Safety Journal. 
SEC. 510. MONROE AIRPORT IMPROVEMENT. 
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section 
16 of the Federal Airport Act (as in effect on the date of transfer 
of Selman Field, Louisiana, from the United States to the city 
of Monroe, Louisiana), the Secretary is authorized, subject to the 
provisions of section 47153 of title 49, United States Code, and 
the provisions of subsection (b) of this section, to waive any term 
contained in the 1949 deed of conveyance, or any other deed of 
conveyance occurring subsequent to that initial transference and 
before the date of enactment of this Act, under which the United 
States conveyed certain property then constituting Selman Field, 
Louisiana, to the city of Monroe, Louisiana, for airport purposes. 
(b) CONDITIONS.—^Any waiver granted under subsection (a) shall 
be subject to the following conditions: 
(1) The city of Monroe, Louisiana, shall agree that, in 
convejdng any interest in the property which the United States 
conveyed to the city by a deed described in subsection (a), 
the city will receive an amount for such interest which is 
equal to the fair market value (as determined pursuant to 
regulations issued by the Secretary). 
(2) Any such amount so received by the city shall be used 
by the city for the development, improvement, operation, or 
maintenance of a public airport. 
SEC. 511. SOLDOTNA AIRPORT IMPROVEMENT. 
(a) AUTHORITY To GRANT WAIVERS.—^Notwithstanding section 
16 of the Federal Airport Act (as in effect on December 12, 1963), 
the Secretary is authorized, subject to the provisions of section 
47153 of title 49, United States Code, and the provisions of sub-
section (b) of this section, to waive any of the terms contained 
in the deed of conveyance dated December 12, 1963, under which 
the United States conveyed certain property to the city of Soldotna, 
Alaska, for airport purposes. 
(b) CONDITIONS.—^Any waiver granted under subsection (a) shall 
be subject to the following conditions: 
(1) The city of Soldotna, Alaska, shall agree that, in convey-
ing any interest in the property which the United States con-
veyed to the city by deed dated December 12, 1963, the city 
will receive an amount for such interest which is equal to 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1597 
the fair market value (as determined pursuant to regulations 
issued by the Secretary). 
(2) Any such amount so received by the city shall be used 
by the city for the development, improvement, operation, or 
maintenance of a public airport. 
SEC. 512. STURGIS, KENTUCKY. 
(a) 
AUTHORITY TO GRANT WAIVERS.—Notwithstanding 
any 
other provision of law, the Secretary is authorized, subject to section 
47153 of title 49, United States Code, and subsection (b) of this 
section, to waive with respect to such parcels of land, or portions 
of such parcels, as the Administrator determines are no longer 
required for airport purposes, from any term contained in the 
deed of conveyance dated July 13, 1948, under which the United 
States conveyed such property to the Union County Air Board, 
State of Kentucky, for airport purposes of the Sturgis Municipal 
Airport. 
(b) CONDITIONS.—^^y waiver granted by the Secretary under 
subsection (a) shall be subject to the following conditions: 
(1) The Union County Air Board shall agree that, in leasing 
or convejring any interest in the property with respect to which 
waivers are granted under subsection (a), such Board will 
receive an amount that is equal to the fair lease value or 
the fair market value, as the case may be (as determined 
pursuant to regulations issued by the Secretary). 
(2) Such Board shall use any amount so received only 
for the development, improvement, operation, or maintenance 
of the Sturgis Municipal Airport. 
(3) Any other conditions that the Secretary considers nec-
essary to protect or advance the interests of the United States 
in civil aviation. 
SEC. 513. ROLLA AIRPORT IMPROVEMENT. 
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section 
16 of the Federal Airport Act (as in effect on December 30, 1957), 
the Secretary is authorized, subject to the provisions of section 
47153 of title 49, United States Code, £ind the provisions of sub-
section (b) of this section, to waive any of the terms contained 
in the deed of conveyance dated December 30, 1957, or any other 
deed of conveyance dated after such date and before the date 
of enactment of this Act, under which the United States conveyed 
certain property to the city of RoUa, Missouri, for airport purposes. 
(b) CONDITIONS.—^Any waiver under subsection (a) shall be 
subject to the following conditions: 
(1) The city of RoUa, Missouri, shall agree that, in convey-
ing any interest in the property which the United States con-
veyed to the city by a deed described in subsection (a), the 
city will receive an amount for such interest which is equal 
to the fair market value (as determined pursuant to regulations 
issued by the Secretary). 
(2) Any such amount so received by the city shall be used 
by the city for the development, improvement, operation, or 
maintenance of a public airport. 
SEC. 514. PALM SPRINGS, CALIFORNIA 
(a) AUTHORITY TO GRANT WAIVERS.—Notwithstanding section 
47153 of title 49, United States Code, and subject to the provisions 
of subsection (b), the Secretary shall grant waivers from all of 
Regulations. 
Missouri. 
108 STAT. 1598 
PUBLIC LAW 103-305—AUG. 23, 1994 
the terms contained in the deed of conveyance dated September 
15, 1949, under which the United States conveyed certain property 
to Palm Springs, California, for airport purposes. The waivers shall 
apply only to approximately 11 acres of lot 16 of section 13, and 
approximately 39.07 acres of lots 19 and 20 of section 19, used 
by the city of Palm Springs, California, for general governmental 
purposes. 
(b) CONDITIONS.—Any waiver granted by the Secretary under 
subsection (a) shall be subject to the following conditions: 
(1) The Secretary shall waive £iny requirement that there 
be credited to the account of the airport any amount attrib-
utable to the citys use for governmental purposes of any land 
conveyed under the deed of conveyance referred to in subsection 
(a) before the date of the enactment of this section. 
(2) The city shall abandon all claims, against income of 
the Palm Springs Regional Airport or other assets of that 
airport, for reimbursement of general revenue funds that the 
city may have expended before the date of the enactment of 
this section for acquisition of 523.39 acres of land conveyed 
August 28, 1961, for airport purposes and for expenses incurred 
at any time in connection with such acquisition, and such 
claims shall not be eligible for reimbursement under the Airport 
and Airway Improvement Act or any successor law. 
SEC. 515. REAL ESTATE TRANSFERS IN ALASKA AND WEATHER 
OBSERVATION SERVICES. 
(a) TRANSFER OF SITE IN LAKE MINCHUMINA, ALASKA.—^The 
Administrator shall convey to the Iditarod Area School District 
the Federal Aviation Administration building number 106 and a 
reasonable amount of land to make use of the property, at Lake 
Minchumina, Alaska, for the purpose of providing educational facili-
ties, under the terms set forth in A^eement No. DTFA04-93-
J-82007, between the Federal Aviation Administration and the 
Iditarod Area School District, and such other terms as are mutually 
agreed on between the Administrator and the Iditarod Area School 
District. 
(b) TRANSFER OF SITE IN FORT YUKON, ALASKA.—The Adminis-
trator shall convey to the city of Fort Yukon, Alaska, the buildings 
of the Federal Aviation Administration and land in Fort Yukon, 
Alaska (described as that portion of Lot 4, U.S. Survey 7161, within 
section 8, T.20 N., R.12E., Fairbanks Meridian consisting of 7.14 
acres, and containing the health clinic and staff housing for the 
aforementioned clinic) for the purpose of providing health services, 
under terms that are mutually agreed on between the Administrator 
and the city of Fort Yukon. 
(c) WEATHER OBSERVATION SERVICES.—^Not later than 90 days 
after the date of the enactment of this Act, the Administrator 
shall designate airports, as described in this section, and provide 
human observers at such airports to offer real time weather 
information to pilots by direct radio contact. Airports to be des-
ignated shall be located in a State that averaged, during the period 
1989-1993, 3 or more accidents per year involving serious or fatal 
injury to crew or passengers on regularly scheduled flights operating 
single-engine aircraft under visual flight rules, and shall be des-
ignated as follows: 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1599 
(1) Not to exceed 5 airports where terrain and conditions 
do not lend themselves to IFR operations supported solely 
by automated weather observing systems. 
(2) Not to exceed 1 airport where an automated surface 
observing system is scheduled to be accepted on September 
1, 1994, with such weather services to be provided until such 
time as the Administrator determines that the automated sur-
face observing system is fully operatio lal. 
(3) Not to exceed 8 airports (where such weather observa-
tion services shall be on a cost-reimbursable basis) that are 
minor hub stations or strategic visual flight rules alternate 
airports at times when an observer is needed to supplement 
the automated weather observing system or immediately 
replace it in the event of failure. 
SEC. 516. RELOCATION OF AIRWAY FACIUTIES. 
Texas. 
Compensation received by the United States for transfer of 
the San Jacinto Disposal Area by the United States to the city 
of Galveston, Texas, shall include compensation to be provided 
to the Federal Aviation Administration for all costs of establishing 
airway facilities to replace existing airway facilities on the San 
Jacinto Disposal Area. Such compensation shall include but is not 
limited to compensation for the replacement of the land, clear 
zones, buildings and equipment, and demolition and disposal of 
the existing facilities on the San Jacinto Disposal Area. 
SEC. 517. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT. 
Colorado. 
(a) NIGHTTIME OPERATIONS.—On and after November 1, 1994, 
nighttime operations (takeoffs and landings) at Aspen-Pitkin County 
Airport in the State of Colorado shall be allowed for a pilot operating 
under instrumentflight rules or visual flight rules under parts 
91 and 135 of title 14, Code of Federal Regulations, between 30 
minutes after official sunset and 11 p.m., local time, as follows: 
(1) A pilot may operate under instrument flight rules 
between 30 minutes after official sunset and 11 p.m., local 
time (or such other operating hours as are established uniformly 
for all classes of operators), only if the pilot— 
(A) is granted clearance by air traffic control; 
(B) is instrument-rated; 
(C) is operating an aircraft that is equipped as required 
under section 91.205(d) of such title 14 for instrument 
flight; and 
(D) is operating an instrument approach or de-
parture procedure approved by the Federal Aviation 
Administration. 
(2) A pilot may operate under visual flight rules between 
30 minutes after official sunset and 11:00 p.m., local time 
(or such other operating hours as are established uniformly 
for all classes of operators), only if the pilot— 
(A) is instrument-rated; 
(B) has completed at least one takeoff or landing in 
the preceding 12 calendar months at such airport; and 
(C) operates an aircraft equipped as required under 
section 91.205(d) of such title 14 for instrument flight. 
(b) 
COMMITMENTS OF AIRPORT OWNER OR OPERATOR.—^The 
owner or operator of the Aspen-Pitkin County Airport shall be 
considered to be in compliance with the requirements of subchapter 
II of chapter 475 of title 49, United States Code, and not otherwise 
108 STAT. 1600 
PUBLIC LAW 103-305—AUG. 23, 1994 
I*roposed rule. 
49 use 40105 
note. 
unjustly discriminatory when such owner or operator notifies the 
Administrator that sucn owner or operator— 
(1) commits to modify its existing regulation to expand 
access to general aviation operations under such special operat-
ing restrictions as are created under subsection (a) and such 
conditions applicable to aircraft noise certification as are cur-
rently in effect for night operations at such airport; and 
(2) commits permanently not to enforce its 1990 regulatory 
action eliminating the so-called "ski season exception" to its 
nighttime curfew. 
To remain in compliance, such owner or operator shall carry out 
both such commitments on or before November 1, 1994. 
(c) MOUNTAIN FLYING.—^The Administrator shall issue a notice 
of proposed rulemaking on mountain fljdng. 
SEC. 518. COLLECTIVE BARGAINING AT WASHINGTON AIRPORTS. 
(a) STUDY.—^The Secretary and the Secretary of Labor shall 
undertake a study of whether employees of airports operated by 
the Metropolitan Washington Airports Authority (hereinafter in 
this section referred to as the "Airports Authority") should be given 
the right to bargain collectively. The study shall consider whether 
the benefits of collective bargaining for employees of the Airports 
Authority outweighs the burdens of collective bargaining. 
(b) MATTERS TO BE CONSIDERED.—In conducting the study 
under subsection (a), the Secretary and the Secretary of Labor 
shall investigate the following matters and reach conclusions as 
to the relevance of such matters to the question of whether employ-
ees of airports operated by the Airports Authority should be given 
collective bargaining rights: 
(1) llie employment status of employees of the Airports 
Authority. 
(2) The wages and working conditions of firefighters and 
other employees at the airports operated by the Airports 
Authority and other airports. 
(3) The collective bargaining rights of employees at the 
airports operated by the Airports Authority and other airports. 
(4) Wnether other airports are governed by Federal labor 
laws. 
(5) The existing rights of employees of the Airports Author-
ity to collective representation regarding the terms and condi-
tions of emplo)rment. 
(6) Any other factors that the Secretary and the Secretary 
of Labor consider relevant to the study. 
In conducting such study, the Secretary and the Secretary of Labor 
shall also consider procedures for impass resolution of collective 
bargaining disputes that will avoid the disruption of essential public 
services at the Airports Authority. 
(c) REPORT.—^Not later than March 1, 1995, the Secretary and 
the Secretary of Labor shall transmit to Congress a report contain-
ing the results of the study to be conducted under subsection 
(a). If the study concludes that employees of the airports operated 
by the Airports Authority should be afforded collective bar-
gaining rights, the report shall also include specific legislative 
recommendations. 
SEC. 519. REPORT ON CERTAIN BILATERAL NEGOTIATIONS. 
The Secretary shall report every other month to the Committee 
on Public Works and Transportation of the House of Representatives 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1601 
and the Committee on Commerce, Science, and Transportation of 
the Senate on the status of all active aviation bilateral and multilat-
eral negotiations and informal govemment-to-govemment consulta-
tions with United States aviation trade partners. 
SEC. 520. STUDY ON INNOVATIVE FINANCING. 
(a) STUDY.—^The Secretary shall conduct a study on innovative 
approaches for using Federal funds to finance airport development 
as a means of supplementing financing available under the Airport 
Improvement Program. 
(b) MATTERS TO BE CONSIDERED.—In conducting the study 
under subsection (a), the Secretary shall consider, at a minimum, 
the following: 
(1) Mechanisms that will produce greater investments in 
airport development per dollar of Federal expenditure. 
(2) Approaches that would permit entering into agreements 
with non-Federal entities, such as airport sponsors, for the 
loan of Federal funds, guarantee of loan repajnnent, or purchase 
of insurance or other forms of enhancement for borrower debt, 
including the use of unobligated Airport Improvement Program 
contract authority and unobligated balances in the Airport and 
Airway Trust Fund. 
(3) Means to lower the cost of financing airport develop-
ment. 
(c) CONSULTATION.—In considering innovative financing pursu-
ant to this section, the Secretary may consult with airport owners 
and operators and public and private sector experts. 
(d) REPORT TO CONGRESS.—Not later than 12 months after 
the date of the enactment of this Act, the Secretary shall transmit 
to Congress a report on the results of the study conducted under 
subsection (a). 
SEC. 521. SAFETY OF JUNEAU INTERNATIONAL AIRPORT. 
(a) STUDY.—Not later than 30 days after the date of the enact-
ment of this Act, the Secretary, in cooperation with the National 
Transportation Safety Board, the National Guard, and the Juneau 
International Airport, shall undertake a study of the safety of 
the approaches to the Juneau International Airport. 
(b) MATTERS TO BE CONSIDERED.—In conducting the study 
under subsection (a), the Secretary shall examine— 
(1) the crash of Alaska Airlines Flight 1866 on September 
4, 1971; 
(2) the crash of a Lear Jet on October 22, 1985; 
(3) the crash of an Alaska Army National Guard aircraft 
on November 12, 1992; 
(4) the adequacy of NAVAIDs in the vicinity of the Juneau 
International Airport; 
(5) the possibility of inaccurate data from Sisters Island 
DVOR and the possibility of confusion between Elephant Island 
Non-Directional Beacon and Coghlan Island Non-Directional 
Beacon; 
(6) the need for a singular Approach Surveillance Radar 
site on top of Heintzleman Ridge; 
(7) the need for a Terminal Very High Frequency Omni-
Directional Range (Terminal VOR) navigational aid in Gasti-
neau Channel; and 
(8) any other matter that a participant in the study speci-
fied in subsection (a) considers appropriate to the safety of 
49 use 47101 
note. 
Alaska. 
108 STAT. 1602 
PUBLIC LAW 103-305—AUG. 23, 1994 
aircraft approaching or leaving the Juneau International Air-
port. 
(c) REPORT.—^Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall transmit to the Commit-
tee on Commerce, Science, and Transportation of the Senate and 
the Committee on Public Works and Transportation of the House 
of Representatives a report which— 
(1) details the matters considered by the study conducted 
under subsection (a); 
(2) summarizes any conclusions reached by the participants 
in the study; 
(3) proposes specific recommendations to improve or 
enhance the safety of sdrcraft approaching or leaving the 
Juneau International Airport or contains a detailed explanation 
of why no recommendations are being proposed; 
(4) estimates the cost of any proposed recommendations; 
(5) includes any other matters the Secretary deems appro-
priate; and 
(6) includes any minority views if a consensus is not 
reached among the participants in the study specified in sub-
section (a). 
SEC. 522. STUDY ON CHILD RESTRAINT SYSTEMS. 
(a) STUDY.—^The Secretary shall conduct a study on the avail-
ability, effectiveness, cost, and usefulness of restraint systems that 
may offer protection to a child carried in the lap of an adult 
aboard an air carrier aircraft or provide for the attachment of 
a child restraint device to the aircraft. 
(b) STUDY CRITERIA.—^Among other issues, the study shall 
examine the impact of the following: 
(1) The direct cost to families of requiring air carriers 
to provide restraint systems and requiring infants to use them, 
including whether airlines will charge a fare for use of seats 
containing infant restraining systems; such estimate to cover 
a ten-year period. 
(2) The impact on air carrier aircraft passenger volume 
by requiring use of infant restraint systems, including whether 
families will choose to travel to destinations by other means, 
including automobiles; such estimate to cover a ten-year period. 
(3) The impact over a 10-year period on fatality rates 
of infants using other modes of transportation, including 
automobiles. 
(4) The efficacy of infant restraint systems currently mar-
keted as able to be used for air carrier aircraft. 
(c) REPORT.—Not later than 6 months £ifter the date of the 
enactment of this Act, the Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives a report on the results of the study conducted 
under subsection (a). 
SEC. 523. SENSE OF SENATE RELATING TO DOT INSPECTOR GENERAL. 
It is the sense of the Senate that the Inspector General of 
the Department of Transportation in carrying out the duties and 
responsibilities of the Inspector General Act of 1978 has oversight 
responsibilities and may conduct and supervise audits and inves-
tigations relating to any funds appropriated by the Congress and 
made available for any programs or operations at Washington 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1603 
National Airport and Washington Dulles International Airport, and 
that the Inspector Greneral shall— 
(1) provide leadership and coordination and recommend 
policies for activities designed to promote the economy, effi-
ciency, and effectiveness of such programs and operations; 
(2) act to prevent and detect fraud and abuse in such 
programs and operations; and 
(3) inform the Secretary and the Congress about problems 
and deficiencies relating to the administration of such programs 
and operations. 
SEC. 524. 
SENSE OF SENATE ON ISSUANCE OF REPORT ON USAGE 
OF 
RADAR 
AT 
THE CHEYENNE, 
WYOMING, 
AIRPORT. 
It is the sense of the Senate that the Secretary should— 
(1) take such action as may be necessary to revise the 
cost and benefit analysis process of the Department of Transpor-
tation to fully take projected military enplanement and cost 
savings figures into consideration with regard to radar installa-
tions at joint-use civilian and military airports; 
(2) require the Administrator to reevaluate the aircraft 
radar needs at the Cheyenne, Wyoming, airport and enter 
into an immediate dialogue with officials of the Wyoming Air 
Guard, F.E. Warren Air Force Base, and Cheyenne area leaders 
in the phase II radar installation reevaluation of the Adminis-
tration and adjust cost and benefit determinations based to 
some appropriate degree on already provided military figures 
and concerns and other enplanement projections in the region; 
and 
(3) report to Congress not later than 60 days after the 
date of the enactment of this Act on the results of the reevalua-
tion of the aircreift radar needs of the Cheyenne, Wyoming, 
airport and of Southeast Wyoming, and explain how military 
figures and concerns will be appropriately solicited in future 
radar decisions involving joint-use airport facilities. 
SEC. 525. NORTH KOREA 
(a) FINDINGS.—(1) President Clinton stated in November 1993 
that it is the official policy of the United States that North Korea 
cannot be allowed to become a nuclear power. 
(2) The United States seeks to persuade North Korea, through 
negotiations, the imposition of sanctions, or other means, to act 
in accordance with its freely undertaken obligations under the 
Treaty on the Non-Proliferation of Nuclear Weapons and to abandon 
its efforts to develop nuclear weapons. 
(3) North Korea has repeatedly threatened to withdraw from 
the Treaty on the Non-Proliferation of Nuclear Weapons, has 
resisted efforts of the International Atomic Energy Agency to con-
duct effective inspections of its nuclear program, and has stated 
that it would consider the imposition of economic sanctions as 
an act of war and has threatened retaliatory action. 
(4) The North Korean Government has constructed and has 
operated a reprocessing facility at Yongbyon solely designed to 
convert spent nuclear fuel into plutonium with which to make 
nuclear weapons. Further, the existence of this facility and the 
development of these weapons gravely threaten security in the 
region and increases the likelihood of worldwide nuclear terrorism. 
108 STAT. 1604 
PUBLIC LAW 103-305—AUG. 23, 1994 
(5) The Secretary of Defense stated that the United States 
must act on the assumption that there will be some increase in 
the risk of war if sanctions are imposed on North Korea. 
(6) It is incumbent on the United States to take all necessary 
and prudent action to act together with the Republic of Korea 
to ensure the preparedness of United States and Republic of Korea 
forces to repel as quickly as possible any attack from North 
Korea and to protect the safety and security of United States and 
Republic of Korea forces, as well as the safety and security of 
the civilian population of the peninsula. 
(b) SENSE OF THE SENATE.—It is the sense of the Senate that 
the United States should immediately take all necessary and pru-
dent actions to enhance the preparedness and safety of United 
States forces and urge and assist the Republic of Korea to do 
likewise in order to deter and, if necessary, repel an attack from 
North Korea. 
SEC. 526. SENSE OF SENATE ON FINAL REGULATIONS UNDER CIVIL 
RIGHTS ACT OF 1964. 
(a) FINDINGS.—The Senate finds that— 
(1) the liberties protected by our Constitution include reli-
gious liberty protected by the first amendment; 
(2) citizens of the United States profess the beliefs of almost 
every conceivable religion; 
(3) Congress has historically protected religious expression 
even from governmental action not intended to be hostile to 
religion; 
(4) the Supreme Court has written that "the free exercise 
of religion means, first and foremost, the right to believe and 
profess whatever religious doctrine one desires"; 
(5) the Supreme Court has firmly settled that under our 
Constitution the public expression of ideas may not be prohib-
ited merely because the content of the ideas is offensive to 
some; 
(6) Congress enacted the Religious Freedom Restoration 
Act of 1993 to restate and make clear again our intent and 
position that religious liberty is and should forever be granted 
protection from unwarranted and unjustified government intru-
sions and burdens; 
(7) the Equal Emplojonent Opportunity Commission has 
written proposed guidelines to title VII of the Civil Rights 
Act of 1964, published in the Federal Register on October 
1, 1993, that may result in the infringement of religious liberty; 
(8) such guidelines do not appropriately resolve issues 
related to religious liberty and religious expression in the work-
place; 
(9) properly drawn guidelines for the determination of reli-
gious harassment should provide appropriate guidance to 
employers and employees and assist in the continued preserva-
tion of religious liberty as guaranteed by the first amendment; 
(10) the Commission states in its proposed guidelines that 
it retains wholly separate guidelines for the determination of 
sexual harassment because the Commission believes that sexual 
harassment raises issues about human interaction that are 
to some extent unique in comparison to other harassment and 
may warrant separate treatment; and 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1605 
(11) the subject of religious harassment also raises issues 
about human interaction that are to some extent unique in 
comparison to other harassment. 
(b) It is the sense of the Senate that, for purposes of issuing 
final regulations under title VII of the Civil Rights Act of 1964 
in connection with the proposed guidelines published by the Equal 
Employment Opportunity Commission on October 1, 1993 (58 Fed. 
Reg. 51266)— 
(1) the category of religion should be withdrawn from the 
proposed guidelines at this time; 
(2) any new guidelines for the determination of religious 
harassment should be drafted so as to make explicitly clear 
that symbols or expressions of religious belief consistent with 
the first amendment and the Religious Freedom Restoration 
Act of 1993 are not to be restricted and do not constitute 
proof of harassment; 
(3) the Commission should hold public hearings on such 
new proposed guidelines; and 
(4) the Commission should receive additional public com-
ment before issuing similar new regulations. 
TITLE VI—INTRASTATE 
TRANSPORTATION OF PROPERTY 
SEC. 601. PREEMPTION OF INTRASTATE TRANSPORTATION OF PROP-
ERTY. 
(a) FINDINGS.—Congress finds and declares that^- 
49 USC 11501 
(1) the regulation of intrastate transportation of property 
^°*^-
by the States has— 
(A) imposed an unreasonable burden on interstate com-
merce; 
(B) impeded the free flow of trade, traffic, and transpor-
tation of interstate commerce; and 
(C) placed an unreasonable cost on the American 
consumers; and 
(2) certain aspects of the State regulatory process should 
be preempted. 
(b) TRANSPORTATION BY AIR CARRIER OR CARRIER AFFILIATED 
WITH A DIRECT AIR CARRIER.— 
(1) IN GENERAL.—Section 41713(b) is amended by adding 
at the end the following new paragraph: 
"(4) TRANSPORTATION BY AIR CARRIER OR CARRIER AFFILI-
ATED WITH A DIRECT AIR CARRIER.— 
"(A) GENERAL RULE.—Except as provided in subpara-
graph (B), a State, political subdivision of a State, or politi-
cal authority of 2 or more States may not enact or enforce 
a law, regulation, or other provision having the force and 
effect of law related to a price, route, or service of an 
air carrier or carrier affiliated with a direct air carrier 
through common controlling ownership when such carrier 
is transporting property by aircraft or by motor vehicle 
(whether or not such property has had or will have a 
prior or subsequent air movement). 
"(B) MATTERS NOT COVERED.—Subparagraph (A)— 
"(i) shall not restrict the safety regulatory author-
ity of a State with respect to motor vehicles, the author-
108 STAT. 1606 
PUBLIC LAW 103-305—AUG. 23, 1994 
ity of a State to impose highway route controls or 
limitations based on the size or weight of the motor 
vehicle or the hazardous nature of the cargo, or the 
authority of a State to regulate motor carriers with 
regard to minimum amounts of financial responsibility 
relating to insurance requirements and self-insurance 
authorization; and 
"(ii) does not apply to the trsmsportation of house-
hold goods, as defined in section 10102 of this title. 
"(C) APPLICABILITY OF PARAGRAPH (D.—^This paragraph 
shall not limit the applicability of paragraph (1).". 
(2) CONFORMING AMENDMENTS.— 
(A) SECTION 41713.—Section 41713(b)(2) is amended by 
striking "Paragraph (1) of this subsection does" and insert-
ing "Paragraphs (1) and (4) of this subsection do". 
(B) SECTION 40102.—Section 40102(a)(35) is amended 
by striking "for air transportation". 
(C) SECTION 10521.—Section 10521(b)(1) is amended by 
striking "and 11501(e)" and inserting, "11501(e), and 
11501(h)". 
(c) TRANSPORTATION BY MOTOR CARRIER.—Section 11501 
is 
amended by adding at the end the following new subsection: 
"(h) PREEMPTION OF STATE ECONOMIC REGULATION OF MOTOR 
CARRIERS.— 
"(1) GENERAL RULE.—Except as provided in paragraphs 
(2) and (3), a State, political subdivision of a State, or political 
authority of 2 or more States may not enact or enforce a 
law, regulation, or other provision having the force and effect 
of law related to a price, route, or service of any motor carrier 
(other than a carrier affiliated with a direct air carrier covered 
by section 41713(b)(4) of this title) or any motor private carrier 
with respect to the transportation of property. 
"(2) MATTERS NOT COVERED.—Paragraph (1)— 
"(A) shall not restrict the safety regulatory authority 
of a State with respect to motor vehicles, the authority 
of a State to impose highway route controls or limitations 
based on the size or weight of the motor vehicle or the 
hazardous nature of the cargo, or the authority of a State 
to regulate motor carriers with regard to minimum 
amounts of financial responsibility relating to insurance 
requirements and self-insurance authorization; and 
"(B) does not apply to the transportation of household 
goods. 
"(3) STATE STANDARD TRANSPORTATION PRACTICES.— 
"(A) CONTINUATION.—Paragraph (1) shall not affect any 
authority of a State, political subdivision of a State, or 
political authority of 2 or more States to enact or enforce 
a law, regulation, or other provision, with respect to the 
intrastate transportation of property by motor carriers, 
related to— 
"(i) uniform cargo liability rules, 
"(ii) uniform bills of lading or receipts for property 
being transported, 
"(iii) uniform cargo credit rules, or 
"(iv) antitrust immunity for joint line rates or 
routes, classifications and mileage guides. 
PUBLIC LAW 103-305—AUG. 23, 1994 
108 STAT. 1607 
if such law, regulation, or provision meets the requirements 
of subparagraph (B). 
"(B) REQUIREMENTS.—^A law, regulation, or provision 
of a State, political subdivision, or political authority meets 
the requirements of this subparagraph if— 
"(i) the law, regulation, or provision covers the 
same subject matter as, and compliance with such 
law, regulation, or provision is no more burdensome 
than compliance with, a provision of this subtitle or 
a regulation issued by the Interstate 
Commerce 
Commission or the Secretary of Transportation under 
this subtitle; and 
"(ii) the law, regulation, or provision only applies 
to a carrier upon request of such carrier. 
"(C) ELECTION.—^Notwithstanding any other provision 
of law, a carrier affiliated with a direct air carrier through 
common controlling ownership may elect to be subject to 
a law, regulation, or provision of a State, political subdivi-
sion, or political authority under this paragraph.". 
(d) EFFECTIVE DATE.—^This section and the amendments made 
49 use 10521 
by this section shall take effect on January 1, 1995; except that 
with respect to the State of Hawaii the amendment made by sub-
section (c) shall take effect on the last day of the 3-year period 
beginning on the date of the enactment of this Act. 
Approved August 23, 1994. 
note. 
L E G I S L A T I V E HISTORY—H.R. 2739 (S. 1491): 
HOUSE REPORTS: Nos. 103-240 (Comm. on Public Works and Transportation) and 
103-677 (Comm. of Conference). 
SENATE REPORTS: No. 103-181 accompanying S. 1491 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): Oct. 7, 13, considered and passed House. 
Vol. 140 (1994): June 9,10,14-16, considered and passed House amended, in lieu 
ofS. 1491. 
Aug. 8, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
Aug. 23, Presidential statement.