H.R. 1441 (104th): United States Air Traffic Service Corporation Act

Introduced:
Apr 06, 1995 (104th Congress, 1995–1996)
Sponsor:
Rep. Norman Mineta [D-CA15]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


4/6/1995--Introduced.
TABLE OF CONTENTS:
Title I - General Title II: Transfer of Air Traffic Service From the Federal Aviation Administration Title III: Permanent Federal Requirements Title IV: Amendments to Federal Aviation Laws Title V: Other Applicable Statutes Title VI: Transition Provisions United States Air Traffic Service Corporation Act
Title I - General
Sets forth the findings and purposes of this Act.
Title II - Transfer of Air Traffic Service From the Federal Aviation Administration
Creates the United States Air Traffic Service Corporation and transfers to it all air traffic services held by the Federal Aviation Administration (FAA).
Section 204 -
Requires the Board of Directors of the Corporation to create a Safety Committee, and any other needed committees, to supervise the aviation safety activities of the Corporation.
Section 207 -
Directs the Corporation to exercise day-to-day operational supervision and control over the movement of aircraft.
Section 209 -
Directs the Corporation to: (1) impose fees for services provided to aircraft other than public, U.S. military, and certain general aviation aircraft; and (2) study the allocation of all Corporation costs (including Department of Defense costs to produce air traffic control services for civilian aviation) to identifiable, discrete air-traffic-service categories and user categories.
Section 210 -
Exempts the Corporation from State or local taxation, with specified exceptions.
Section 211 -
Prohibits any State or political subdivision or political authority of two or more States from enacting or enforcing any law or regulation relating to air traffic services provided by the Corporation.
Title III - Permanent Federal Requirements
Authorizes the President, in the event of war or national emergency, to transfer any functions of the Corporation to the Department of Defense (DOD).
Section 302 -
Grants Corporation employees the right to form a union and to bargain collectively. Establishes a Labor Resolution Board for the binding resolution of bargaining impasses. Prohibits strikes, work stoppages, and slowdowns by Corporation employees or their representative labor organization.
Title IV - Amendments to Federal Aviation Laws
Amends Federal transportation law to require the Administrator of the FAA, in carrying out certain aircraft safety registration requirements, including regulation of the Corporation, to consider the requirements of national defense and commercial and general aviation, and the public right of freedom of transit through navigable airspace.
Section 403 -
Requires the Administrator of the FAA to develop safety standards and policy for the use of navigable airspace.
Section 405 -
Require the Corporation to develop plans for the effective discharge of Corporation and FAA responsibilities in the event of war.
Section 406 -
Prohibits the Corporation from taking action that would have the force and effect of law relating to a price, route, or service of an air carrier.
Section 407 -
Requires the Administrator of the FAA and the Corporation to consult and cooperate with respect to research and development activities related to the use of navigable airspace, air traffic control, and air navigation, in order to avoid duplication of research and development efforts.
Section 409 -
Authorizes and directs the Administrator of the FAA to prescribe by regulation minimum standards to assure the highest level of aviation safety in the public interest, and to insure that national defense needs are met, in actions taken by the Corporation.
Title V - Other Applicable Statutes
Directs the Corporation to establish a comprehensive system for the management, compensation, and advancement of Corporation employees that best serves the needs of airspace management in the United States.
Section 502 -
Amends the Government Corporation Control Act to cover the United States Air Traffic Service Corporation, except for specified provisions.
Section 503 -
Amends the Internal Revenue Code to extend, until January 1, 1999, the tax on the sale of aviation fuel and the tax on gasoline and nongasoline fuels used in aircraft in noncommercial aviation. Decreases the air transportation tax imposed on passengers from ten percent to 1.5 percent of the amount paid for such transportation beginning on or after January 1, 1997. Decreases, as of January 1, 1997, the tax imposed: (1) upon air passengers whether within or without the United States from six dollars to 90 cents; and (2) on the transportation of property within or without the United States from 6.25 percent to .95 percent of the amount paid for such transportation. Extends such taxes through January 1, 1999. Amends the Trust Fund Code of 1981 to extend the transfer of certain aviation taxes into the Airport and Airway Trust Fund until January 1, 1999. Extends the airport and airway program through October 1, 1999. Extends the current financing rate for the Airport and Airway Trust Fund through December 31, 1998.
Section 504 -
Authorizes the transfer of amounts from the Fund to cover Corporation: (1) air traffic transition costs; (2) air facility costs; and (3) commencement services.
Section 505 -
Prohibits the Corporation's receipts and disbursements from being counted as new budget authority, outlays, receipts, or deficit or surplus with respect to: (1) the President's budget; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings).
Section 506 -
Amends the Congressional Budget Act of 1974 to reduce discretionary spending limits for FY 1997 through FY 2000.
Title VI - Transition Provisions
Directs the Administrator of the FAA and the Chief Executive Officer of the Corporation to jointly determine which functions and which Federal employees are to be transferred to the Corporation.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 5 U.S.C. Chapter 71
  • 5 U.S.C. Chapter 83
  • 28 U.S.C. Chapter 89
  • 29 U.S.C. Chapter 11
  • 31 U.S.C. Chapter 31
  • 31 U.S.C. Chapter 91