S. 1491 (103rd): Federal Aviation Administration Authorization Act of 1994

103rd Congress, 1993–1994. Text as of Nov 12, 1993 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

S 1491 RS

Calendar No. 282

103d CONGRESS

1st Session

S. 1491

[Report No. 103-181]

To amend the Airport and Airway Improvement Act of 1982 to authorize appropriations, and for other purposes.

IN THE SENATE OF THE UNITED STATES

September 24 (legislative day, SEPTEMBER 7), 1993

Mr. FORD (for himself and Mr. EXON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

November 12, 1993

Reported under authority of the order of the Senate of November 11 (legislative day, November 2), 1993 by Mr. HOLLINGS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To amend the Airport and Airway Improvement Act of 1982 to authorize appropriations, and for other purposes.

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

[Struck out->] SECTION. 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Federal Aviation Administration Authorization Act of 1993’. [<-Struck out]

[Struck out->] SEC. 2. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION. [<-Struck out]

    [Struck out->] (a) AUTHORIZATION- The second sentence of section 505(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is amended-- [<-Struck out]

      [Struck out->] (1) by striking ‘and’ immediately after ‘1992,’; and [<-Struck out]

      [Struck out->] (2) by inserting ‘, and $18,016,700,000 for fiscal years ending before October 1, 1994’ immediately before the period at the end. [<-Struck out]

    [Struck out->] (b) DISCRETIONARY FUND- Section 505(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is further amended by inserting immediately after the second sentence the following new sentence: ‘If the obligation limitation on the amount made available under this subsection for fiscal year 1994 is less than $1,800,000,000 and not less than $1,700,000,000, then $50,000,000 of such amount shall be credited to the discretionary fund established by section 507(c), without apportionment; and if the obligation limitation on the amount made available under this subsection for fiscal year 1994 is less than $1,700,000,000, then $100,000,000 of such amount shall be credited to such discretionary fund, without apportionment.’. [<-Struck out]

    [Struck out->] (c) OBLIGATIONAL AUTHORITY- Section 505(b)(1) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is amended by striking ‘1993’ and inserting in lieu thereof ‘1994’. [<-Struck out]

[Struck out->] SEC. 3. DEFINITION OF AIRPORT DEVELOPMENT. [<-Struck out]

    [Struck out->] Section 503(a)(2)(B)(ii) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2202(a)(2)(B)(ii)) is amended by inserting ‘(including explosive detection devices) and universal access systems’ immediately after ‘safety or security equipment’. [<-Struck out]

[Struck out->] SEC. 4. AUTHORITY TO CONTINUE LETTERS OF INTENT. [<-Struck out]

    [Struck out->] Nothwithstanding any other provision of law, the Secretary of Transportation may issue letters of intent under section 513(d) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2212(d)) and use Airport Improvement Program funds for planning, approving, and administering such letters of intent. [<-Struck out]

[Struck out->] SEC. 5. LANDING AIDS AND NAVIGATIONAL EQUIPMENT INVENTORY POOL. [<-Struck out]

    [Struck out->] Section 506(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2205(a)) is amended by adding at the end the following new paragraph: [<-Struck out]

      [Struck out->]
      ‘(4) Landing aids and navigational equipment inventory pool- [<-Struck out]

        [Struck out->]
        ‘(A) ESTABLISHMENT OF PROGRAM- Not later than December 31, 1993, and notwithstanding any other provision of this title, the Secretary shall establish and implement a program to purchase and reserve an inventory of precision approach instrument landing system equipment, to be made available on an expedited basis for installation at airports. [<-Struck out]

        [Struck out->]
        ‘(B) AUTHORIZATION- No less than $30,000,000 of the amounts appropriated under paragraph (1) for each of the fiscal years 1994 and 1995 shall be available for the purpose of carrying out this paragraph, including acquisition, site preparation work, installation, and related expenditures.’. [<-Struck out]

[Struck out->] SEC. 6. MICROWAVE LANDING SYSTEM. [<-Struck out]

    [Struck out->] Section 506(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2205(a)), as amended by this Act, is further amended by adding at the end the following new paragraph: [<-Struck out]

      [Struck out->]
      ‘(5) MICROWAVE LANDING SYSTEM- Notwithstanding any other provision of law, none of the amounts appropriated under this subsection may be used for the development or procurement of the microwave landing system, except as necessary to meet obligations of the Government under contracts in effect on January 1, 1994.’. [<-Struck out]

[Struck out->] SEC. 7. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Section 313 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1354) is amended by adding at the end the following new subsection: [<-Struck out]

    [Struck out->]
    ‘(g) ASSISTANCE TO FOREIGN AVIATION AUTHORITIES- 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.’. [<-Struck out]

    [Struck out->] (b) CONFORMING AMENDMENT- The table of contents of the Federal Aviation Act of 1958 is amended by adding at the end of the item relating to section 313 the following: [<-Struck out]

      [Struck out->]
      ‘(g) Assistance to foreign aviation authorities.’. [<-Struck out]

[Struck out->] SEC. 8. FOREIGN FEE COLLECTION. [<-Struck out]

    [Struck out->] Section 313(f) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1354(f)) is amended-- [<-Struck out]

      [Struck out->] (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and [<-Struck out]

      [Struck out->] (2) by inserting immediately after paragraph (2) the following new paragraph: [<-Struck out]

      [Struck out->]
      ‘(3) RECOVERY OF COST OF FOREIGN AVIATION SERVICES- [<-Struck out]

        [Struck out->]
        ‘(A) ESTABLISHMENT OF FEES- Notwithstanding the limitation of paragraph (4), 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, or review. Such fees shall be established as necessary to recover the additional cost of providing 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. [<-Struck out]

        [Struck out->]
        ‘(B) CREDITING OF PREESTABLISHED FEES- Fees described in subparagraph (A) that were not established before the date of enactment of the Federal Aviation Administration Authorization Act of 1993 may be credited in accordance with paragraph (5).’. [<-Struck out]

[Struck out->] SEC. 9. REVIEW OF FEDERAL AVIATION ADMINISTRATION. [<-Struck out]

    [Struck out->] The Administrator of the Federal Aviation Administration shall conduct a review of the Federal Aviation Administration’s personnel administration, procurement process, and overall organizational structure. The Administrator shall, not later than March 30, 1994, report on the results of the review to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives. [<-Struck out]

[Struck out->] SEC. 10. REPEAL OF ANNUAL REPORT REQUIREMENT. [<-Struck out]

    [Struck out->] Section 401 of the Aviation Safety and Noise Abatement Act of 1979 (Public Law 96-193; 94 Stat. 57) is repealed. [<-Struck out]

[Struck out->] SEC. 11. DISCONTINUATION OF AVIATION SAFETY JOURNAL. [<-Struck out]

    [Struck out->] The Administrator of the Federal Aviation Administration may not publish, nor contract with any other organization for the publication of, the magazine known as the ‘Aviation Safety Journal’. Any existing contract for publication of the magazine shall be cancelled within 30 days after the date of enactment of this Act. [<-Struck out]

[Struck out->] SEC. 12. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DENSITY AIRPORTS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Title IV of the Federal Aviation Act of 1958 (49 App. U.S.C. 1371 et seq.) is amended by adding at the end the following: [<-Struck out]

[Struck out->]
‘SEC. 420. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DENSITY AIRPORTS. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(b) DEFINITIONS- For purposes of this section-- [<-Struck out]

      [Struck out->]
      ‘(1) 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 an aircraft. [<-Struck out]

      [Struck out->]
      ‘(2) SECRETARY- The term ‘Secretary’ means the Secretary of Transportation. [<-Struck out]

      [Struck out->]
      ‘(3) SLOT- The term ‘slot’ means a reservation, by an air carrier at an airport, for an instrument flight rule takeoff or landing of an aircraft in air transportation.’. [<-Struck out]

    [Struck out->] (b) CONFORMING AMENDMENT- The portion of the table of contents of the Federal Aviation Act of 1958 relating to title IV is amended by adding at the end the following new item: [<-Struck out]

      [Struck out->]
      ‘Sec. 420. Access of foreign air carriers to high density airports. [<-Struck out]

[Struck out->]

‘(a) In general.

[<-Struck out]

[Struck out->]

‘(b) Definitions.’.

[<-Struck out]

[Struck out->] SEC. 13. AIR SERVICE TERMINATION NOTICE. [<-Struck out]

    [Struck out->] (a) IN GENERAL- (1) Title IV of the Federal Aviation Act of 1958 (49 App. U.S.C. 1371 et seq.), as amended by this Act, is further amended by adding at the end the following new section: [<-Struck out]

[Struck out->]
‘SEC. 421. AIR SERVICE TERMINATION NOTICE. [<-Struck out]

    [Struck out->]
    ‘(a) IN GENERAL- An air carrier may not terminate air transportation to any point, unless such air carrier has given the Secretary, each appropriate State agency, and each affected community at least 60 days’ notice before such termination. [<-Struck out]

    [Struck out->]
    ‘(b) EMERGENCY EXCEPTION- On a case-by-case basis, the Secretary may modify or waive the requirements of subsection (a) for an air carrier experiencing a sudden and unforeseen financial emergency, if the Secretary finds that such requirements impose undue hardship on such air carrier.’. [<-Struck out]

    [Struck out->] (2) The portion of the table of contents of the Federal Aviation Act of 1958 relating to title IV, as amended by this Act, is further amended by inserting immediately after the item relating to section 420 the following new item: [<-Struck out]

      [Struck out->]
      ‘Sec. 421. Air service termination notice. [<-Struck out]

[Struck out->]

‘(a) In general.

[<-Struck out]

[Struck out->]

‘(b) Emergency exceptions.’.

[<-Struck out]

    [Struck out->] (b) CIVIL PENALTIES- Section 901(a)(1) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1471(a)(1)) is amended by inserting ‘section 421 or’ immediately after ‘$10,000 for each violation of’. [<-Struck out]

[Struck out->] SEC. 14. COOPERATIVE AGREEMENTS FOR RESEARCH, ENGINEERING, AND DEVELOPMENT. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Section 312 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1353) is amended by adding at the end the following new subsection: [<-Struck out]

    [Struck out->]
    ‘(j) 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 demonstration models.’. [<-Struck out]

    [Struck out->] (b) CONFORMING AMENDMENT- The table of contents of the Federal Aviation Act of 1958 is amended by adding at the end of the item relating to section 312 the following: [<-Struck out]

      [Struck out->]
      ‘(j) Cooperative agreements.’. [<-Struck out]

[Struck out->] SEC. 15. SAFETY OF JUNEAU INTERNATIONAL AIRPORT. [<-Struck out]

    [Struck out->] (a) STUDY- (1) Within thirty days after the date of enactment of this Act, the Secretary of Transportation, 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. [<-Struck out]

    [Struck out->] (2) Such study shall examine-- [<-Struck out]

      [Struck out->] (A) the crash of Alaska Airlines Flight 1866 on September 4, 1971; [<-Struck out]

      [Struck out->] (B) the crash of a Lear Jet on October 22, 1985; [<-Struck out]

      [Struck out->] (C) the crash of an Alaska Army National Guard aircraft on November 12, 1992; [<-Struck out]

      [Struck out->] (D) the adequacy of NAVAIDS in the vicinity of the Juneau International Airport; [<-Struck out]

      [Struck out->] (E) the possibility of confusion between the Sisters Island directional beacon and the Coghlan Island directional beacon; [<-Struck out]

      [Struck out->] (F) the need for a singular Approach Surveillance Radar site on top of Heintzleman Ridge; [<-Struck out]

      [Struck out->] (G) the need for a Terminal Very High Frequency Omni-Directional Range (Terminal VOR) navigational aid in Gastineau Channel; and [<-Struck out]

      [Struck out->] (H) any other matters any of the parties named in paragraph (1) think appropriate to the safety of aircraft approaching or leaving the Juneau International Airport. [<-Struck out]

    [Struck out->] (b) REPORT- (1) Within six months after the date of enactment of this Act, the Secretary of Transportation 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 which-- [<-Struck out]

      [Struck out->] (A) details the matters considered by the study; [<-Struck out]

      [Struck out->] (B) summarizes any conclusions reached by the participants in the study; [<-Struck out]

      [Struck out->] (C) proposes specific recommendations to improve or enhance the safety of aircraft approaching or leaving the Juneau International Airport, or contains a detailed explanation of why no recommendations are being proposed; [<-Struck out]

      [Struck out->] (D) estimates the cost of any proposed recommendations; and [<-Struck out]

      [Struck out->] (E) includes any other matters the Secretary deems appropriate. [<-Struck out]

    [Struck out->] (2) The report shall include any minority views if consensus is not reached among the parties listed in subsection (a)(1). [<-Struck out]

[Struck out->] SEC. 16. SOLDOTNA AIRPORT IMPROVEMENT. [<-Struck out]

    [Struck out->] (a) RELEASE- Notwithstanding section 16 of the Federal Airport Act (as in effect on December 12, 1963), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of subsection (b) of this section, to grant releases from any of the terms, conditions, reservations, and restrictions 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. [<-Struck out]

    [Struck out->] (b) CONDITIONS- Any release granted under subsection (a) shall be subject to the following conditions: [<-Struck out]

      [Struck out->] (1) The city of Soldotna, Alaska, shall agree that, in conveying any interest in the property which the United States conveyed to the city by deed dated December 12, 1963, 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 of Transportation). [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 17. TECHNICAL AMENDMENTS. [<-Struck out]

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

    [Struck out->] (b) AIRPORT PLANS- Section 504(a)(1) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2203(a)(1)) is amended by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively. [<-Struck out]

    [Struck out->] (c) CERTAIN PROJECT COSTS- Section 513(b)(4) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2212(b)(4)) is amended-- [<-Struck out]

      [Struck out->] (1) by inserting ‘or (in the case of a commercial service airport which annually has less than 0.05 percent of the total enplanements in the United States) between January 1, 1992, and October 31, 1992,’ immediately after ‘July 12, 1976,’; and [<-Struck out]

      [Struck out->] (2) by adding at the end the following new subparagraph: [<-Struck out]

      [Struck out->]
      ‘(D) That, with respect to a project at a commercial 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 funds described under paragraph (2), notwithstanding the provisions of section 511(a)(16) and 515.’. [<-Struck out]

[Struck out->] SEC. 18. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND. [<-Struck out]

    [Struck out->] Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 (relating to expenditure from Airport and Airway Trust Fund) is amended 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 in lieu thereof ‘(as such Acts were in effect on the date of the enactment of the Federal Aviation Administration Authorization Act of 1993)’. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Federal Aviation Administration Authorization Act of 1993’.

SEC. 2. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION.

    (a) AUTHORIZATION- The second sentence of section 505(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is amended--

      (1) by striking ‘and’ immediately after ‘1992,’; and

      (2) by inserting ‘, and $18,016,700,000 for fiscal years ending before October 1, 1994’ immediately before the period at the end.

    (b) DISCRETIONARY FUND- Section 505(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is further amended by inserting immediately after the second sentence the following new sentence: ‘If the obligation limitation on the amount made available under this subsection for fiscal year 1994 is less than $1,800,000,000 and not less than $1,700,000,000, then $50,000,000 of such amount shall be credited to the discretionary fund established by section 507(c), without apportionment and without regard to the distribution requirements of sections 507 and 508; and if the obligation limitation on the amount made available under this subsection for fiscal year 1994 is less than $1,700,000,000, then $100,000,000 of such amount shall be credited to such discretionary fund, without apportionment and without regard to the distribution requirements of sections 507 and 508.’.

    (c) OBLIGATIONAL AUTHORITY- Section 505(b)(1) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is amended by striking ‘1993’ and inserting in lieu thereof ‘1994’.

SEC. 3. DEFINITION OF AIRPORT DEVELOPMENT.

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

SEC. 4. AUTHORITY TO CONTINUE LETTERS OF INTENT.

    Notwithstanding any other provision of law, the Secretary of Transportation may issue letters of intent under section 513(d) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2212(d)) and use Airport Improvement Program funds for planning, approving, and administering such letters of intent.

SEC. 5. LANDING AIDS AND NAVIGATIONAL EQUIPMENT INVENTORY POOL.

    Section 506(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2205(a)) is amended by adding at the end the following new paragraph:

      ‘(4) Landing aids and navigational equipment inventory pool-

        ‘(A) ESTABLISHMENT OF PROGRAM- Not later than December 31, 1993, and notwithstanding any other provision of this title, the Secretary shall establish and implement a program to purchase and reserve an inventory of precision approach instrument landing system equipment, to be made available on an expedited basis for installation at airports.

        ‘(B) AUTHORIZATION- No less than $30,000,000 of the amounts appropriated under paragraph (1) for each of the fiscal years 1994 and 1995 shall be available for the purpose of carrying out this paragraph, including acquisition, site preparation work, installation, and related expenditures.’.

SEC. 6. MICROWAVE LANDING SYSTEM.

    Section 506(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2205(a)), as amended by this Act, is further amended by adding at the end the following new paragraph:

      ‘(5) MICROWAVE LANDING SYSTEM- Notwithstanding any other provision of law, none of the amounts appropriated under this subsection may be used for the development or procurement of the microwave landing system, except as necessary to meet obligations of the Government that may arise under contracts in effect on January 1, 1994.’.

SEC. 7. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

    (a) IN GENERAL- Section 313 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1354) is amended by adding at the end the following new subsection:

    ‘(g) ASSISTANCE TO FOREIGN AVIATION AUTHORITIES- 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.’.

    (b) CONFORMING AMENDMENT- The table of contents of the Federal Aviation Act of 1958 is amended by adding at the end of the item relating to section 313 the following:

‘(g) Assistance to foreign aviation authorities.’.

SEC. 8. FOREIGN FEE COLLECTION.

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

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

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

      ‘(3) RECOVERY OF COST OF FOREIGN AVIATION SERVICES-

        ‘(A) ESTABLISHMENT OF FEES- Notwithstanding the limitation of paragraph (4), 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, or review. Such fees shall be established as necessary to recover the additional cost of providing 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. The provisions of this paragraph do not limit the Administrator’s authority to establish and collect fees permitted under section 334 of title 49, United States Code.

        ‘(B) CREDITING OF PREESTABLISHED FEES- Fees described in subparagraph (A) that were not established before the date of enactment of the Federal Aviation Administration Authorization Act of 1993 may be credited in accordance with paragraph (5).’.

SEC. 9. REVIEW OF FEDERAL AVIATION ADMINISTRATION.

    The Administrator of the Federal Aviation Administration shall conduct a review of the Federal Aviation Administration’s personnel administration, procurement process, and overall organizational structure. The Administrator shall, not later than March 30, 1994, report on the results of the review to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives.

SEC. 10. REPEAL OF ANNUAL REPORT REQUIREMENT.

    Section 401 of the Aviation Safety and Noise Abatement Act of 1979 (Public Law 96-193; 94 Stat. 57) is repealed.

SEC. 11. DISCONTINUATION OF AVIATION SAFETY JOURNAL.

    The Administrator of the Federal Aviation Administration may not publish, nor contract with any other organization for the publication of, the magazine known as the ‘Aviation Safety Journal’. Any existing contract for publication of the magazine shall be cancelled within 30 days after the date of enactment of this Act.

SEC. 12. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DENSITY AIRPORTS.

    (a) IN GENERAL- Title IV of the Federal Aviation Act of 1958 (49 App. U.S.C. 1371 et seq.) 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- For purposes of this section--

      ‘(1) 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 an aircraft.

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

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

    (b) CONFORMING AMENDMENT- The portion of the table of contents of the Federal Aviation Act of 1958 relating to title IV is amended by adding at the end the following new item:

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

‘(a) In general.

‘(b) Definitions.’.

SEC. 13. AIR SERVICE TERMINATION NOTICE.

    (a) IN GENERAL- (1) Title IV of the Federal Aviation Act of 1958 (49 App. U.S.C. 1371 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

‘SEC. 421. AIR SERVICE TERMINATION NOTICE.

    ‘(a) IN GENERAL- An air carrier may not terminate 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 60 days’ notice before such termination.

    ‘(b) EXCEPTIONS- The Secretary shall not apply the requirements of subsection (a) when--

      ‘(1) the carrier involved is experiencing a sudden or unforeseen financial emergency, including natural weather-related emergencies, equipment-related emergencies, and strikes;

      ‘(2) the termination of transportation is made for seasonal purposes only;

      ‘(3) the transportation subject to termination is a new service and the termination is made pursuant to an agreement between the carrier and the local airport authority concerning the circumstances under which the new service may be terminated;

      ‘(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 types of arrangements with a part 121 or part 135 air carrier, that continues uninterrupted service from the affected nonhub airport.

    ‘(c) WAIVERS FOR REGIONAL/COMMUTER CARRIERS- Prior to April 1, 1994, the Secretary shall establish terms and conditions under which regional/commuter carriers can be excluded from the termination notice requirement.

    ‘(d) DEFINITIONS- For purposes of this section--

      ‘(1) NONHUB AIRPORT- The term ‘nonhub airport’ has the meaning that term has under section 419(k)(4).

      ‘(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 Federal 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 transportation exclusively with aircraft having a seating capacity of no more than 70 passengers.

      ‘(5) TERMINATION- The term ‘termination’ means the cessation of all service at an airport by an air carrier.’.

    (2) The portion of the table of contents of the Federal Aviation Act of 1958 relating to title IV, as amended by this Act, is further amended by inserting immediately after the item relating to section 420 the following new item:

      ‘Sec. 421. Air service termination notice.

‘(a) In general.

‘(b) Exceptions.

‘(c) Waivers for regional/commuter carriers.

‘(d) Definitions.’.

    (b) CIVIL PENALTIES- Section 901(a)(1) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1471(a)(1)) is amended by inserting ‘section 421 or’ immediately after ‘$10,000 for each violation of’.

    (c) EFFECTIVE DATE- The amendments made by this section shall be effective beginning on April 1, 1994.

SEC. 14. COOPERATIVE AGREEMENTS FOR RESEARCH, ENGINEERING, AND DEVELOPMENT.

    (a) IN GENERAL- Section 312 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1353) is amended by adding at the end the following new subsection:

    ‘(j) 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 demonstration models.’.

    (b) CONFORMING AMENDMENT- The table of contents of the Federal Aviation Act of 1958 is amended by adding at the end of the item relating to section 312 the following:

‘(j) Cooperative agreements.’.

SEC. 15. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.

    (a) STUDY- (1) Within 30 days after the date of enactment of this Act, the Secretary of Transportation, 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.

    (2) Such study shall examine--

      (A) the crash of Alaska Airlines Flight 1866 on September 4, 1971;

      (B) the crash of a Lear Jet on October 22, 1985;

      (C) the crash of an Alaska Army National Guard aircraft on November 12, 1992;

      (D) the adequacy of NAVAIDS in the vicinity of the Juneau International Airport;

      (E) the possibility of confusion between the Sisters Island directional beacon and the Coghlan Island directional beacon;

      (F) the need for a singular Approach Surveillance Radar site on top of Heintzleman Ridge;

      (G) the need for a Terminal Very High Frequency Omni-Directional Range (Terminal VOR) navigational aid in Gastineau Channel; and

      (H) any other matters any of the parties named in paragraph (1) think appropriate to the safety of aircraft approaching or leaving the Juneau International Airport.

    (b) REPORT- (1) Within 6 months after the date of enactment of this Act, the Secretary of Transportation 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 which--

      (A) details the matters considered by the study;

      (B) summarizes any conclusions reached by the participants in the study;

      (C) proposes specific recommendations to improve or enhance the safety of aircraft approaching or leaving the Juneau International Airport, or contains a detailed explanation of why no recommendations are being proposed;

      (D) estimates the cost of any proposed recommendations; and

      (E) includes any other matters the Secretary deems appropriate.

    (2) The report shall include any minority views if consensus is not reached among the parties listed in subsection (a)(1).

SEC. 16. SOLDOTNA AIRPORT IMPROVEMENT.

    (a) RELEASE- Notwithstanding section 16 of the Federal Airport Act (as in effect on December 12, 1963), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of subsection (b) of this section, to grant releases from any of the terms, conditions, reservations, and restrictions 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 release granted under subsection (a) shall be subject to the following conditions:

      (1) The city of Soldotna, Alaska, shall agree that, in conveying any interest in the property which the United States conveyed to the city by deed dated December 12, 1963, 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 of Transportation).

      (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. 17. ROLLA AIRPORT IMPROVEMENT.

    (a) AUTHORIZATION TO GRANT RELEASES- Notwithstanding section 16 of the Federal Airport Act (as in effect on December 30, 1957), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of subsection (b) of this section, to grant releases from any of the terms, conditions, reservations, and restrictions 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 Rolla, Missouri, for airport purposes.

    (b) CONDITIONS- Any release granted under subsection (a) shall be subject to the following conditions:

      (1) The city of Rolla, Missouri, shall agree that, in conveying 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 of Transportation).

      (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. 18. PALM SPRINGS, CALIFORNIA.

    (a) AUTHORITY TO GRANT RELEASE- Notwithstanding section 4 of the Act of October 1, 1949 (50 App. U.S.C. 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 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 enactment of this Act 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 of 1982 or any successor Act.

SEC. 19. NOISE ABATEMENT PROGRAMS.

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

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

      (2) by striking the period at the end and inserting in lieu thereof ‘; 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 the Aviation Safety and Noise Abatement Act of 1979 (49 App. U.S.C. 2104(c)) is amended by adding at the end the following new paragraph:

      ‘(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. 20. RELOCATION OF AIRWAY FACILITIES.

    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 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. 21. AUGUSTA STATE AIRPORT WEATHER SERVICES.

    (a) REQUIREMENT- (1) The Secretary of Transportation shall provide for weather observation services, including direct radio contact between weather observers and pilots, at Augusta State Airport in Maine.

    (2) The Secretary of Transportation shall be responsible for the operation and maintenance of equipment necessary to carry out paragraph (1).

    (b) REIMBURSABLE AGREEMENTS- The Secretary of Transportation is authorized to enter into a reimbursable agreement with the Maine Department of Transportation for the provision of weather services pursuant to subsection (a).

SEC. 22. STUDY ON CHILD RESTRAINT SYSTEMS.

    (a) STUDY- The Administrator of the Federal Aviation Administration shall conduct a study on the availability and effectiveness 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) REPORT- The Administrator shall submit to the Senate 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 required in subsection (a). The report shall be submitted within 6 months after the date of enactment of this Act.

SEC. 23. EXCEPTIONS APPLICABLE TO STATE OF HAWAII.

    (a) DEFINITIONS- (1) Section 101(24) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(24)) is amended by adding at the end the following new sentence: ‘For purposes of title IV, the term ‘interstate air transportation’ does not include air transportation of passengers commencing and terminating in the State of Hawaii.’.

    (2) Section 101(26) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(26)) is amended by adding at the end the following: ‘With respect to transportation of passengers by air within the State of Hawaii, the term ‘intrastate air transportation’ means the carriage of persons by a common carrier for compensation or hire, by such aircraft, commencing and terminating in the State of Hawaii; except that the carriage of passengers moving as a part of a single itinerary on a single ticket for transportation on an air carrier or air carriers, beginning and/or ending outside the State of Hawaii, is deemed to be in interstate transportation.’.

    (b) FEDERAL PREEMPTION- (1) Section 105(a) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1305(a)) is amended by adding at the end the following new paragraph:

    ‘(3) The provisions of paragraph (1) shall not apply to any transportation by air of persons commencing and terminating within the State of Hawaii.’.

    (2) Section 105(b)(2) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1305(b)(2)) is amended by striking ‘(other than the State of Hawaii)’.

SEC. 24. TECHNICAL AMENDMENTS.

    (a) DEFINITIONS- Section 503(a)(2)(B) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 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 the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2203(a)(1)) is amended by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively.

    (c) CERTAIN PROJECT COSTS- Section 513(b)(4) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2212(b)(4)) is amended--

      (1) by inserting ‘or (in the case of a commercial service airport which annually has less than 0.05 percent of the total enplanements in the United States) between January 1, 1992, and October 31, 1992,’ immediately after ‘July 12, 1976,’; and

      (2) by adding at the end the following new subparagraph:

      ‘(D) That, with respect to a project at a commercial 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 funds described under paragraph (2), notwithstanding the provisions of sections 505(d), 511(a)(16), and 515.’.

SEC. 25. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.

    Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 (relating to expenditure from Airport and Airway Trust Fund) is amended 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 in lieu thereof ‘(as such Acts were in effect on the date of the enactment of the Federal Aviation Administration Authorization Act of 1993)’.

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