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H.R. 2739 (103rd): Federal Aviation Administration Authorization Act of 1994


The text of the bill below is as of Jun 16, 1994 (Committee Discharged).


HR 2739 CDS

103d CONGRESS

2d Session

H. R. 2739

IN THE SENATE OF THE UNITED STATES

October 18 (legislative day, OCTOBER 13), 1993

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

June 16 (legislative day, JUNE 7), 1994

Committee discharged


AN ACT

To amend the Airport and Airway Improvement Act of 1982 to authorize appropriations for fiscal years 1994, 1995, and 1996, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Aviation Infrastructure Investment Act of 1993’.

TITLE I--AIRPORT AND AIRWAY IMPROVEMENT ACT AMENDMENTS

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) AUTHORIZATION OF APPROPRIATIONS- Section 505(a) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2204(a)) is amended--

      (1) by striking ‘and’ following ‘1992,’; and

      (2) by inserting after ‘1993’ the following: ‘, $18,071,700,000 for fiscal years ending before October 1, 1994, $20,232,700,000 for fiscal years ending before October 1, 1995, and $22,446,700,000 for fiscal years ending before October 1, 1996’.

    (b) OBLIGATIONAL AUTHORITY- Section 505(b)(1) of such Act is amended by striking ‘1993’ and inserting ‘1996’.

SEC. 102. AIRWAY IMPROVEMENT PROGRAM.

    (a) AIRWAY FACILITIES AND EQUIPMENT- Section 506(a)(1) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(a)(1)) is amended by striking ‘$11,100,000,000’ and all that follows through ‘1995’ and inserting the following: ‘$10,724,000,000 for fiscal years ending before October 1, 1994, $13,394,000,000 for fiscal years ending before October 1, 1995, and $16,129,000,000 for fiscal years ending before October 1, 1996’.

    (b) OTHER EXPENSES- Section 506(c) of such Act is amended--

      (1) by striking ‘-1995’ in the heading for paragraph (4) and inserting ‘-1993’;

      (2) by striking ‘1993, 1994, and 1995’ in paragraph (4) and inserting ‘and 1993’; and

      (3) by adding at the end the following:

      ‘(5) FISCAL YEARS 1994-1996- The amount appropriated from the Trust Fund for the purposes of clauses (A) and (B) of paragraph (1) of this subsection for each of fiscal years 1994, 1995, and 1996 may not exceed the lesser of--

        ‘(A) 50 percent of the amount of funds made available under section 505 and subsections (a) and (b) of this section for such fiscal year; or

        ‘(B)(i) 70 percent of the amount of funds made available under section 505, subsections (a) and (b) of this section, and section 106(k) of title 49, United States Code, for such fiscal year; less

        ‘(ii) the amount of funds made available under section 505 and subsections (a) and (b) of this section for such fiscal year.’.

    (c) PRESERVATION OF FUNDS- Section 506(e)(5) of such Act is amended by striking ‘1995’ and inserting ‘1996’.

SEC. 103. OPERATIONS OF FAA.

    Section 106(k) of title 49, United States Code, is amended by striking ‘, $5,100,000,000’ and all that follows through ‘1995’ and inserting ‘, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996’.

SEC. 104. APPORTIONMENT OF FUNDS.

    (a) MINIMUM AMOUNT FOR PRIMARY AIRPORTS- Section 507(b)(1) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2206(b)(1)) is amended by striking ‘$400,000’ and inserting ‘$500,000’.

    (b) CONSIDERATION OF DIVERSION OF REVENUES IN AWARDING DISCRETIONARY GRANTS- Section 507 of such Act is further amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection:

    ‘(f) CONSIDERATION OF DIVERSION OF REVENUES IN AWARDING DISCRETIONARY GRANTS- In deciding whether or not to distribute funds to an airport from the discretionary funds established by subsections (c) and (d), the Secretary shall consider as a factor militating against the distribution of such funds to the airport the fact that the airport is using revenues generated by the airport or by local taxes on aviation fuel for purposes other than capital or operating costs of the airport or the local airports system.’.

SEC. 105. USE OF APPORTIONED AND DISCRETIONARY FUNDS.

    (a) INTEGRATED AIRPORT SYSTEM PLANNING SET-ASIDE- Section 508(d)(4) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2207(d)(4)) is amended by striking ‘ 1/2 ’ and inserting ‘ 3/4 ’.

    (b) MILITARY AIRPORT SET-ASIDE- Section 508(d)(5) of such Act is amended by striking ‘and 1995’ and inserting ‘, 1995, and 1996’.

    (c) DESIGNATION OF MILITARY AIRPORTS- Section 508(f)(1) of such Act is amended by striking ‘12’ and inserting ‘16’.

    (d) CONSTRUCTION OF PARKING LOTS, FUEL FARMS, AND UTILITIES- Section 508(f)(6) of such Act is amended by striking ‘and 1995’ and inserting ‘1995, and 1996’.

SEC. 106. PROJECT SPONSORSHIP.

    Section 511(a) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2210(a)) is amended--

      (1) by striking ‘and’ at the end of paragraph (16);

      (2) by striking the period at the end of paragraph (17) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(18) the airport owner or operator will submit to the Administrator and make available to the public an annual report listing in detail (A) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made, and (B) all services and property provided to other units of government and the amount of compensation received for provision of each such service and property.’.

SEC. 107. INCLUSION OF TERMINAL DEVELOPMENT AS A PROJECT COST.

    Section 513(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2212(b)(2)) is amended--

      (1) in the second sentence by inserting after ‘may be used’ the following: ‘, subject to the approval of the Secretary,’; and

      (2) by adding at the end the following: ‘All or any portion of the sums to be distributed at the discretion of the Secretary under sections 507(c) and 507(d) for any fiscal year may be distributed for use by primary airports each of which annually has .05 or less of the total enplanements in the United States for project costs allowable under paragraph (1) of this subsection.’.

SEC. 108. INCLUSION OF EXPLOSIVE DETECTION DEVICES AND UNIVERSAL ACCESS SYSTEMS.

    Section 503(a)(2)(B)(ii) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2202(a)(2)(B)(ii)) is amended by inserting after ‘or security equipment’ the following: ‘, including explosive detection devices and universal access systems,’.

SEC. 109. DECLARATION OF POLICY.

    Section 502(a) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2201(a)) is amended--

      (1) by striking ‘and’ at the end of paragraph (13);

      (2) by striking the period at the end of paragraph (14) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(15) the airport improvement program should be administered to encourage the development and use of innovative concrete and other materials in the construction of airport facilities to minimize initial laydown costs, minimize time out of service, and maximize lifecycle durability.’.

SEC. 110. TECHNICAL AMENDMENTS.

    (a) DEFINITIONS- Section 503(a)(2)(B) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2202(a)(2)(B)) is amended by moving clauses (vii) and (viii) 2 ems to the right.

    (b) AIRPORT PLANS- Section 504(a)(1) of such Act (49 U.S.C. App. 2203(a)(1)) is amended by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively.

    (c) AIP OTHER EXPENSES- Section 506(c)(3)(B)(i) of such Act (49 U.S.C. App. 2205(c)(3)(B)(i)) is amended by striking ‘and,’ and inserting ‘, and’.

SEC. 111. LETTERS OF INTENT.

    Section 513(d)(1) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2212(d)(1)) is amended by adding at the end the following new subparagraph:

        ‘(H) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this paragraph in the same fiscal year as the letter of intent is issued.’.

SEC. 112. PALM SPRINGS, CALIFORNIA.

    (a) AUTHORITY TO GRANT RELEASE- Notwithstanding section 4 of the Act of October 1, 1949 (50 U.S.C. App. 1622c), and subject to the provisions of subsection (b), the Administrator of the Federal Aviation Administration shall grant releases from all of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated September 15, 1949, under which the United States conveyed certain property to Palm Springs, California, for airport purposes. The releases shall apply only to approximately 11 acres of lot 16 of section 13, and approximately 39.07 acres of lots 19 and 20 of section 19, used by the city of Palm Springs, California, for general governmental purposes.

    (b) CONDITIONS- Any release granted by the Administrator of the Federal Aviation Administration under subsection (a) shall be subject to the following conditions:

      (1) The Administrator shall waive any requirement that there be credited to the account of the airport any amount attributable to the city’s use for governmental purposes of any land conveyed under the deed of conveyance referred to in subsection (a) before the date of the enactment of this section.

      (2) The city shall abandon all claims, against income of the Palm Springs Regional Airport or other assets of that airport, for reimbursement of general revenue funds that the city may have 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 Act.

TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. PROTECTION OF SMALL COMMUNITY AIRLINE PASSENGERS.

    (a) ACCESS TO HIGH DENSITY AIRPORTS- Section 419(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1389(b)) is amended by adding at the end the following new paragraph:

      ‘(10) ACCESS TO HIGH DENSITY AIRPORTS-

        ‘(A) NONCONSIDERATION OF SLOT AVAILABILITY- In determining what is basic essential air service and in selecting an air carrier to provide such service, the Secretary shall not give consideration to whether slots at a high density airport are available for providing such service.

        ‘(B) MAKING SLOTS AVAILABLE- If basic essential air service is to be provided to and from a high density airport, the Secretary shall ensure that a sufficient number of slots at such airport are available to the air carrier providing or selected to provide such service. If necessary to carry out the objectives of this subsection, the Secretary shall take such action as may be necessary to have such slots transferred or otherwise made available to the air carrier; except that the Secretary shall not be required to make slots available at O’Hare International Airport in Chicago, Illinois, if the number of slots available for basic essential air service to and from such airport is at least 132 slots.’.

    (b) TRANSFERS OF SLOTS AT HIGH DENSITY AIRPORTS- Section 419(b)(7) of such Act (49 U.S.C. App. 1389(b)(7)) is amended--

      (1) by striking ‘TRANSFER OF OPERATIONAL AUTHORITY AT CERTAIN’ and inserting ‘TRANSFERS OF SLOTS AT’;

      (2) by striking ‘an airport at which the Administrator limits the number of instrument flight rule takeoffs and landings of aircraft’ and inserting ‘a high density airport’;

      (3) by striking ‘operational authority’ and inserting ‘slots’;

      (4) by striking ‘has to conduct a landing or takeoff’ and inserting ‘have’;

      (5) by striking ‘such authority’ the first place it appears and inserting ‘such slots’;

      (6) by striking ‘such authority is’ and inserting ‘such slots are’; and

      (7) by inserting ‘basic essential’ after ‘used to provide’.

    (c) DEFINITIONS- Section 419(k) of such Act (49 U.S.C. App. 1389(k)) is amended by adding at the end the following new paragraphs:

      ‘(6) HIGH DENSITY AIRPORT- The term ‘high density airport’ means an airport at which the Administrator limits the number of instrument flight rule takeoffs and landings of aircraft.

      ‘(7) SECRETARY- The term ‘Secretary’ means the Secretary of Transportation.

      ‘(8) SLOT- The term ‘slot’ means a reservation for an instrument flight rule takeoff or landing by an air carrier of an aircraft in air transportation.’.

SEC. 202. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DENSITY AIRPORTS.

    (a) IN GENERAL- Title IV of the Federal Aviation Act of 1958 (49 U.S.C. 1371-1389) is amended by adding at the end the following:

‘SEC. 420. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DENSITY AIRPORTS.

    ‘(a) IN GENERAL- The Secretary shall not take a slot at a high density airport from an air carrier and award such slot to a foreign air carrier if the Secretary determines that air carriers are not provided equivalent rights of access to airports in the country of which such foreign air carrier is a citizen.

    ‘(b) DEFINITIONS- In this section, the terms ‘high density airport’, ‘Secretary’, and ‘slot’ have the meaning such terms have under section 419.’.

    (b) CONFORMING AMENDMENT- The portion of the table of contents contained in the first section of such Act relating to title IV is amended by adding at the end the following:

      ‘Sec. 420. Access of foreign air carriers to high density airports.

‘(a) In general.

‘(b) Definitions.’.

SEC. 203. PROCESSING FEES.

    Section 313(f) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1354 (f)) is amended--

      (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

      (2) by inserting after paragraph (2) the following:

      ‘(3) FOREIGN REPAIR STATION CERTIFICATION AND INSPECTION FEES- The Administrator shall establish and collect fees for certification and inspection of repair stations outside of the United States equivalent to the costs of providing the certification and inspection services.’.

SEC. 204. RULEMAKING ON RANDOM TESTING FOR PROHIBITED DRUGS.

    Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall complete a rulemaking proceeding and issue a final decision on whether there should be a reduction in the annualized rate of random testing for prohibited drugs now required by the Secretary for personnel engaged in aviation activities. If the Secretary does not issue the final decision on or before the last day of such 1-year period, then, effective on the succeeding day, the annualized rate of random testing shall be 25 percent of such personnel.

SEC. 205. PASSENGER FACILITY CHARGES.

    (a) CLARIFICATION OF APPLICABILITY-

      (1) GENERAL RULE- Section 1113(e)(1) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1513(e)(1)) is amended by adding at the end the following new sentence: ‘After the date of the enactment of this sentence, no public agency authority shall collect a fee authorized to be imposed under this subsection from a passenger enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement, including any case in which the passenger obtained the ticket for the air transportation with a frequent flier award coupon without monetary payment.’.

      (2) LIMITATION ON STATUTORY CONSTRUCTION- The amendment made by paragraph (1) shall not be construed as requiring any person to refund any fee paid before the date of the enactment of this Act.

    (b) USE OF REVENUES AND RELATIONSHIP BETWEEN FEES AND REVENUES- Section 1113(e)(2) of such Act is amended--

      (1) by striking ‘and’ at the end of subparagraph (A);

      (2) by striking the period at the end of subparagraph (B)(iii) and inserting ‘; and’; and

      (3) by adding at the end the following:

        ‘(C) that the application includes adequate justification for each of the specific projects.’.

SEC. 206. TERM OF OFFICE OF FAA ADMINISTRATOR.

    Section 106(b) of title 49, United States Code, is amended by adding at the end the following: ‘The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years.’.

SEC. 207. NOISE ABATEMENT PROGRAM.

    (a) SOUNDPROOFING OF CERTAIN RESIDENTIAL BUILDINGS- Section 104(c)(2) of the Aviation Safety and Noise Abatement Act of 1979 (49 U.S.C. App. 2104(c)(2)) is amended--

      (1) by inserting ‘(A)’ before ‘to operators of airports’; and

      (2) by striking the period at the end and inserting ‘; and (B) for projects to soundproof residential buildings--

      ‘(i) if the operator of the airport involved received approval for a grant for a project to soundproof residential buildings pursuant to section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987;

      ‘(ii) if the operator of the airport involved 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 Act.’.

    (b) SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDENTIAL PROPERTIES- Section 104(c) of such Act is further amended by adding at the end the following:

      ‘(4) SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDENTIAL PROPERTIES- The Secretary is authorized under this section to make grants to operators of airports and to units of local government referred to in paragraph (1) for projects to soundproof residential buildings located on residential properties, and for projects to acquire residential properties, at which noise levels are not compatible with normal operations of an airport--

        ‘(A) if the operator of the airport involved 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 procedures mandated for aircraft safety purposes by the Administrator of the Federal Aviation Administration for standardized application at airports served by scheduled air carriers;

        ‘(B) if the operator of the airport involved submits updated noise exposure contours, as required by the Secretary; and

        ‘(C) if the Secretary determines that the proposed projects are compatible with the purposes of this Act.’.

SEC. 208. LABOR MANAGEMENT RELATIONS.

    The Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2451-2461) is amended--

      (1) in section 6007(c)(5) by striking ‘to the extent that the Federal Aviation Administration is so authorized on the date of enactment of this title’;

      (2) by redesignating sections 6010, 6011, and 6012 as sections 6011, 6012, and 6013, respectively; and

      (3) by inserting after section 6009 the following new section:

‘SEC. 6010. LABOR MANAGEMENT RELATIONS.

    ‘(a) APPLICATION OF FEDERAL LABOR LAWS- Except as otherwise provided by this section, the provisions of the National Labor Relations Act and the Labor Management Relations Act, 1947 shall apply to labor-management relations between the Airports Authority and labor organizations representing bargaining units at the Metropolitan Washington Airports.

    ‘(b) SUITS-

      ‘(1) JURISDICTION OF U.S. COURTS- The courts of the United States shall have jurisdiction with respect to actions brought by the National Labor Relations Board under this section to the same extent that such courts have jurisdiction with respect to actions brought under the National Labor Relations Act.

      ‘(2) LABOR CONTRACT VIOLATIONS- Suits for violation of contracts between the Airports Authority and a labor organization representing bargaining units at the Metropolitan Washington Airports, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount of controversy.

      ‘(3) AGENTS OF LABOR ORGANIZATIONS- A labor organization described in paragraph (2) and the Airports Authority shall be bound by the authorized acts of their agents. Any such labor organization may sue or be sued as an entity and in behalf of those whom it represents in the courts of the United States. Any money judgment against such a labor organization in a district court of the United States shall be enforceable only against the organization as an entity and against its assets and shall not be enforceable against any individual member or the member’s assets.

    ‘(c) COLLECTIVE-BARGAINING AGREEMENTS-

      ‘(1) PERIOD OF EFFECTIVENESS- Collective-bargaining agreements between the Airports Authority and labor organizations shall be effective for not less than 2 years.

      ‘(2) RESOLUTION OF GRIEVANCES- Collective-bargaining agreements negotiated by the Airports Authority shall provide for procedures for resolution by the parties of grievances and other disputes arising during the term of the agreement, culminating in binding third-party arbitration, unless the parties agree otherwise.

      ‘(3) RESOLUTION OF DISPUTES IN NEGOTIATIONS- The Airports Authority and a labor organization may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement.

    ‘(d) LABOR DISPUTES-

      ‘(1) WRITTEN NOTICE REQUIREMENT- If there is a collective-bargaining agreement between the Airports Authority and labor organizations in effect, no party to such agreement shall terminate or modify such agreement unless the party desiring such termination or modification serves written notice upon the other party to the agreement of the proposed termination or modification not less than 90 days prior to the time it is proposed to make such termination or modification. The party serving such notice shall notify the Federal Mediation and Conciliation Service of the existence of a dispute within 45 days of such notice if no agreement has been reached by that time.

      ‘(2) MEDIATION OF DISPUTES- If the parties fail to reach agreement or to adopt a procedure providing for a binding resolution of a dispute by the expiration date of the agreement in effect, or the date of the proposed termination or modification, the Director of the Federal Mediation and Conciliation Service shall direct mediation of the dispute. For this purpose, the Director shall submit to the parties a list of not fewer than 10 names. If the parties fail to select a mediator, the selection shall be made by the Director.

      ‘(3) ARBITRATION BOARD-

        ‘(A) ESTABLISHMENT- If no agreement is reached within 90 days after the expiration or termination of the agreement or the date on which the agreement became subject to modification under paragraph (1) of this subsection, or if the parties decide upon arbitration but do not agree upon the procedures therefor, an arbitration board shall be established consisting of 3 members, 1 of whom shall be selected by the Airports Authority, 1 by the bargaining representative, and the third by the 2 thus selected who shall be designated chairman. If either of the parties fails to select a member, or if the members chosen by the parties fail to agree on the third person within 5 days after their first meeting, the selection shall be made utilizing the rules of the American Arbitration Association.

        ‘(B) HEARINGS AND DECISIONS- The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel or by other representative as they may elect. All procedural disputes shall be decided by the board. The board shall have the authority to administer oaths and compel the attendance of witnesses and the production of documents. Decisions of the board shall be conclusive and binding upon the parties. The board shall render its decision within 45 days after its appointment, unless a later date is mutually agreed upon by both parties.

        ‘(C) COSTS- Costs of the arbitration board shall be shared equally by the Airports Authority and the bargaining representative.

        ‘(D) PROCEDURES- In the case of a bargaining unit whose collective-bargaining representative does not have an agreement with the Airport Authority, if the parties fail to reach agreement within 90 days of the commencement of collective bargaining, mediation will take place in accordance with the terms of paragraph (2) of this subsection, unless the parties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days of the commencement of collective bargaining and if they have not agreed to another procedure for binding resolution, an arbitration board shall be established to provide conclusive and binding arbitration in accordance with the terms of paragraph (3) of this subsection.

        ‘(E) CONSIDERATIONS IN MAKING AWARDS- Except insofar as compensation and benefits may be specified elsewhere in this title, the arbitration board, in arriving at its award, shall take into account compensation, benefits, and conditions of employment of comparable employees in Alexandria, Arlington, and Fairfax Counties, Virginia; the District of Columbia; and Montgomery and Prince Georges Counties, Maryland, and other criteria traditionally considered in collective bargaining.

    ‘(e) NO STRIKES OR LOCKOUTS; MAINTENANCE OF STATUS QUO- Notwithstanding any other provision of law, the parties to a collective bargaining agreement between the Airports Authority and a labor organization shall not resort to strike or lockout. The parties shall refrain from making changes in working conditions pending the resolution of labor disputes as provided in subsection (d) of this section.’.

SEC. 209. TECHNICAL AMENDMENT.

    Section 9130 of the Aviation Safety and Capacity Expansion Act of 1990 (49 U.S.C. App. 2226b) is amended by striking ‘subsection’ and inserting ‘section’.

SEC. 210. REPORT ON CERTAIN BILATERAL NEGOTIATIONS.

    The Secretary of Transportation shall report every other month to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of all active aviation bilateral negotiations and informal government-to-government consultations with United States aviation trade partners.

SEC. 211. HIGH DENSITY RULE AND REALLOCATION OF SLOTS.

    (a) HIGH DENSITY RULE-

      (1) STUDY- The Secretary of Transportation shall conduct a study and provide recommendations to Congress on whether improvements in the technology and procedures 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 contained in part 93 of title 14 of the Code of Federal Regulations or to increase the number of operations permitted under such rule. The study shall include consideration of the effects of the elimination of limitations or an increase in the number of operations allowed on each of the following:

        (A) Safety.

        (B) Congestion and delay in any part of the national aviation system.

        (C) The impact of noise on persons living near the airport.

        (D) Competition in the air transportation system.

        (E) The profitability of operations of airlines serving the airport.

      (2) COORDINATION- In conducting the study under this subsection, the Secretary of Transportation shall consult with officials of airports subject to the high density rule, the cities in which such airports are located, representatives of citizens living in the vicinity of such airports, air carriers now serving such airports or interested in inaugurating such service, and other interested persons.

      (3) REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall transmit the findings of the study conducted under this subsection, together with recommendations, to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

    (b) SLOTS FOR FOREIGN AIR TRANSPORTATION-

      (1) STUDY- The Secretary of Transportation shall conduct a study to determine the impact of a change in law or regulations that would prohibit the withdrawal of a slot from an air carrier providing interstate air transportation at a high density airport in any case in which such slot is withdrawn in order to allocate it to an air carrier or foreign air carrier to provide foreign air transportation.

      (2) CONTENTS- In conducting the study under this subsection, the Secretary shall examine the following:

        (A) The impact of a prohibition described in paragraph (1) on the aviation relationship between the United States Government and foreign governments.

        (B) Whether such a prohibition would result in the withdrawal of slots from general aviation and military aviation in order to allocate them to air carriers and foreign air carriers providing foreign air transportation and the impact of such a withdrawal of slots on general aviation and military aviation.

        (C) The impact on air carriers providing interstate air transportation of the current practice of withdrawing slots in order to allocate them to air carriers or foreign air carriers providing foreign air transportation.

        (D) The impact of the planned relocation of Air Force Reserve units and the Air National Guard at O’Hare International Airport on the future availability of slots at that airport.

      (3) REPORT- Not later than January 15, 1994, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted under this subsection, together with such recommendations for legislative or administrative action as the Secretary determines appropriate.

SEC. 212. REPEAL.

    Section 31 of the Airport and Airway Development Act of 1970 (49 U.S.C. App. 1731) is hereby repealed.

SEC. 213. CHILD RESTRAINT SYSTEMS ON COMMERCIAL AIRCRAFT.

    (a) IN GENERAL- Section 601 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1421) is amended by adding at the end the following new subsection:

    ‘(g) CHILD RESTRAINT SYSTEMS- Not later than 90 days after the date of the enactment of this subsection, the Secretary shall issue regulations requiring an air carrier, upon the request of a revenue passenger on behalf of a revenue child passenger, to provide a child safety restraint system approved by the Secretary on any aircraft operated by such air carrier in providing interstate air transportation, intrastate transportation, or overseas air transportation. Such regulations shall establish age or weight limits for children who may use such systems.’.

    (b) CONFORMING AMENDMENT- The table of contents contained in the first section of such Act is amended by inserting at the end of the matter relating to section 601 the following new item:

‘(g) Child restraint systems.’.

TITLE III

SEC. 301. SHORT TITLE.

    This title may be cited as the ‘Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1993’.

SEC. 302. AVIATION RESEARCH AUTHORIZATION OF APPROPRIATIONS.

    Section 506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(b)(2)) is amended by striking subparagraph (A) and all that follows through the end of the paragraph and inserting the following:

        ‘(A) for fiscal year 1994--

          ‘(i) $11,297,000 solely for management and analysis projects and activities;

          ‘(ii) $76,939,000 solely for capacity and air traffic management technology projects and activities;

          ‘(iii) $35,675,000 solely for communications, navigation, and surveillance projects and activities;

          ‘(iv) $1,908,000 solely for weather projects and activities;

          ‘(v) $7,509,000 solely for airport technology projects and activities;

          ‘(vi) $40,175,000 solely for aircraft safety technology projects and activities;

          ‘(vii) $35,430,000 solely for system security technology projects and activities;

          ‘(viii) $27,756,000 solely for human factors and aviation medicine projects and activities;

          ‘(ix) $7,586,000 for environment and energy projects and activities; and

          ‘(x) $5,725,000 for innovative/cooperative research projects and activities, of which $1,000,000 shall be available for the establishment of a new Aviation Center of Excellence;

        ‘(B) for fiscal year 1995--

          ‘(i) $12,646,000 solely for management and analysis projects and activities;

          ‘(ii) $84,000,000 solely for capacity and air traffic management technology projects and activities;

          ‘(iii) $39,242,000 solely for communications, navigation, and surveillance projects and activities;

          ‘(iv) $2,098,000 solely for weather projects and activities;

          ‘(v) $8,260,000 solely for airport technology projects and activities;

          ‘(vi) $44,192,000 solely for aircraft safety technology projects and activities;

          ‘(vii) $39,523,000 solely for system security technology projects and activities;

          ‘(viii) $31,716,000 solely for human factors and aviation medicine projects and activities;

          ‘(ix) $8,124,000 for environment and energy projects and activities; and

          ‘(x) $5,199,000 for innovative/cooperative research projects and activities; and

        ‘(C) for fiscal year 1996--

          ‘(i) $14,131,000 solely for management and analysis projects and activities;

          ‘(ii) $92,402,000 solely for capacity and air traffic management technology projects and activities;

          ‘(iii) $43,167,000 solely for communications, navigation, and surveillance projects and activities;

          ‘(iv) $2,307,000 solely for weather projects and activities;

          ‘(v) $9,086,000 solely for airport technology projects and activities;

          ‘(vi) $48,611,000 solely for aircraft safety technology projects and activities;

          ‘(vii) $43,475,000 solely for system security technology projects and activities;

          ‘(viii) $34,887,000 solely for human factors and aviation medicine projects and activities;

          ‘(ix) $8,716,000 environment and energy projects and activities; and

          ‘(x) $5,718,000 for innovative/cooperative research projects and activities.

    Not less than 15 percent of the amount appropriated pursuant to this paragraph shall be for long-term research projects, and not less than 3 percent of the amount appropriated under this paragraph shall be available to the Administrator for making grants under section 312(g) of the Federal Aviation Act of 1958.’.

SEC. 303. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM.

    (a) ESTABLISHMENT- The Administrator and the heads of other appropriate Federal agencies shall jointly establish a program to conduct research on aviation technologies that enhance United States competitiveness. The program shall include--

      (1) next-generation satellite communications, including global positioning satellites;

      (2) advances airport and airplane security;

      (3) environmentally compatible technologies, 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 Administrator and the heads of the other appropriate Federal agencies shall administer contracts and grants entered into under the program established under subsection (a) in accordance with procedures developed jointly by the Administrator and the heads of 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 impediment to joint programs among the Federal Aviation Administration, the other Federal agencies involved, and industry.

    (c) PROGRAM ELEMENTS- The program established under subsection (a) shall include--

      (1) selected programs that jointly enhance public and private 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 competitiveness.

    (d) AUTHORIZATION OF APPROPRIATIONS- Of amounts authorized to be appropriated for fiscal years 1994, 1995, and 1996 under section 506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(b)(2)), as amended by section 2 of this Act, there are authorized to be appropriated for fiscal years 1994, 1995, and 1996, respectively, such sums as may be necessary to carry out this section.

SEC. 304. AIRCRAFT CABIN AIR QUALITY RESEARCH PROGRAM.

    (a) ESTABLISHMENT- The Administrator of the Federal Aviation Administration (in this Act referred to as the ‘Administrator’) and 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 INDEPENDENT RESEARCH ORGANIZATION- In carrying out the research program established under subsection (a), the Administrator and the heads of the other appropriate Federal agencies shall contract with an independent research organization to carry out any studies necessary to meet the goals of the program set forth in subsection (c).

    (c) GOALS- The goals of the research program 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 discomfort 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).

    (d) PARTICIPATION- In carrying out the research program established under subsection (a), the Administrator shall encourage participation in the program by representatives of aircraft manufacturers, air carriers, aviation employee organizations, airline passengers, 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 subsection (c).

    (f) AUTHORIZATION OF APPROPRIATIONS- Of amounts authorized to be appropriated for fiscal years 1994, 1995, and 1996 under section 506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(b)(2)), as amended by section 2 of this Act, there are authorized to be appropriated for fiscal years 1994, 1995, and 1996, respectively, such sums as may be necessary to carry out this section.

SEC. 305. LIMITATION ON APPROPRIATIONS.

    Notwithstanding any other provision of this Act, no funds are authorized to be appropriated for any fiscal year after fiscal year 1996 for carrying out the programs for which funds are authorized by this Act, or by the amendments made by this Act.

SEC. 306. USE OF DOMESTIC PRODUCTS.

    (a) PROHIBITION AGAINST FRAUDULENT USE OF ‘MADE IN AMERICA’ LABELS- (1) A person shall not intentionally affix a label bearing the inscription of ‘Made in America’, or any inscription with that meaning, to any product sold in or shipped to the United States, if that product is not a domestic product.

    (2) A person who violates paragraph (1) shall not be eligible for any contract for a procurement carried out with amounts authorized under this Act, including any subcontract under such a contract pursuant to the 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 provided 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 Act to be made available; and

      (B) solicitations for bids are issued after the date of the enactment of this Act.

    (3) The Secretary, before January 1, 1995, shall 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.

SEC. 307. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.

    (a) SENSE OF CONGRESS- It is the sense of Congress that any recipient of a grant under this Act, or under any amendment made by this Act, should purchase, when available and cost-effective, American made equipment and products when expending grant monies.

    (b) NOTICE TO RECIPIENTS OF ASSISTANCE- In allocating grants under this Act, or under any amendment made by this Act, the Secretary shall provide to each recipient a notice describing the statement made in subsection (a) by the Congress.

TITLE IV--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY

SEC. 401. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

    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’, and

      (2) by striking ‘(as such Acts were in effect on the date of the enactment of the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992)’ and inserting ‘or the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992, or the Aviation Infrastructure Investment Act of 1993 (as such Acts are in effect on the date of the enactment of the Aviation Infrastructure Investment Act of 1993)’.

Passed the House of Representatives October 13, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.

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