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


The text of the bill below is as of Jul 26, 1993 (Introduced).


HR 2739 IH

103d CONGRESS

1st Session

H. R. 2739

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

IN THE HOUSE OF REPRESENTATIVES

July 26, 1993

Mr. OBERSTAR (for himself, Mr. MINETA, Mr. SHUSTER, and Mr. CLINGER) introduced the following bill; which was referred to the Committee on Public Works and Transportation


A BILL

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

    Be it enacted by the Senate and House of 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) 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. 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) of such Act (49 U.S.C. App. 2205(c)(3)) is amended by striking ‘and,’ and inserting ‘, and’.

TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. ADVANCE NOTICE OF RATE CHANGES.

    Section 404 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1374) is amended by adding at the end the following:

    ‘(e) ADVANCE NOTICE OF RATE CHANGES- Any air carrier may provide advance notice to the public of the date on which a change of a rate, fare, or charge for air transportation is scheduled to take effect and the date on which a rate, fare, or charge for air transportation is scheduled to terminate.’.

SEC. 202. 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. 203. 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. 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. SOUNDPROOFING OF CERTAIN RESIDENTIAL BUILDINGS IN AREAS SURROUNDING AIRPORTS.

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

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

        ‘(A) 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;

        ‘(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 STANDARDS.

    Section 6005(c) of the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2454(c)) is amended--

      (1) by redesignating paragraph (11) as paragraph (12); and

      (2) by inserting after paragraph (10) the following:

      ‘(11) LABOR STANDARDS- The Secretary shall include such terms and conditions in the lease as may be necessary to ensure (A) that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work at the airports shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), and (B) that the Airports Authority shall not approve any contract for any such construction work without first obtaining adequate assurance that such wages will be paid under such contract for the construction work.’.

SEC. 209. 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 6011 and 6012 as sections 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. 210. 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’.