[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2739 Enrolled Bill (ENR)]
H.R.2739
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
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,

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(a) Short Title.--This Act may be cited as the ``Federal Aviation
Administration Authorization Act of 1994''.
(b) Table of Contents.--

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TITLE I

-AIRPORT AND AIRWAY IMPROVEMENT

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TITLE III

-RESEARCH, ENGINEERING, AND DEVELOPMENT

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air force station, Marin County, California.

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TITLE V

-MISCELLANEOUS PROVISIONS

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In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.

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TITLE VI

-INTRASTATE TRANSPORTATION OF PROPERTY

Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.

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(a) Authorization of Appropriations.--Section 48103 is amended--
(1) by striking ``Not more'' and all that follows through
``1993,'' and inserting ``The total amounts which shall be
available after September 30, 1981, to the Secretary of
Transportation''; and
(2) by inserting before the period at the end ``shall be
$17,583,500,000 for fiscal years ending before October 1, 1994,
$19,744,500,000 for fiscal years ending before October 1, 1995, and
$21,958,500,000 for fiscal years ending before October 1, 1996''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``After'' and all that follows through ``Secretary'' and
inserting ``After September 30, 1996, the Secretary''.

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(a) Airway Facilities and Equipment.--Section 48101(a) is amended--
(1) in paragraph (1) by striking ``for'' and inserting ``For'';
(2) in paragraph (2)--
(A) by striking ``for'' and inserting ``For''; and
(B) by striking ``$11,100,000,000'' and inserting
``$10,724,000,000'';
(3) in paragraph (3)--
(A) by striking ``for'' and inserting ``For''; and
(B) by striking ``$14,000,000,000'' and inserting
``$13,394,000,000''; and
(4) by adding at the end the following:
``(4) For the fiscal years ending September 30, 1991-1996,
$16,129,000,000.''.
(b) Certain Direct Costs and Joint Air Navigation Services.--
Section 48104 is amended--
(1) in the heading for subsection (b) by inserting ``for Fiscal
Years 1993'' after ``Limitation'';
(2) in subsection (b) by striking ``each'' and all that follows
through ``1995,'' and inserting ``fiscal year 1993''; and
(3) by adding at the end the following:
``(c) Limitation for Fiscal Years 1994-1996.--The amount
appropriated from the Trust Fund for the purposes of paragraphs (1) and
(2) of subsection (a) for each of fiscal years 1994, 1995, and 1996 may
not exceed the lesser of--
``(1) 50 percent of the amount of funds made available under
sections 48101-48103 of this title for such fiscal year; or
``(2)(A) 70 percent of the amount of funds made available under
sections 106(k) and 48101-48103 of this title for such fiscal year;
less
``(B) the amount of funds made available under sections 48101-
48103 of this title for such fiscal year.''.
(c) Limitation on Obligating or Expending Funds.--Section 48108(c)
is amended by striking ``1995'' and inserting ``1996''.

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Section 106(k) is amended by striking ``, $5,100,000,000'' and all
that follows through ``1995'' and inserting ``, $4,576,000,000 for
fiscal year 1994, $4,674,000,000 for fiscal year 1995, and
$4,810,000,000 for fiscal year 1996''.

9816899eee4dc137cba2846e71b6866d3a7e1238d5f8df8f93e1a0bb22d020d2

Section 47101(a) is amended--
(1) by striking ``and'' at the end of paragraph (9)(C);
(2) by striking the period at the end of paragraph (10) and
inserting a semicolon; and
(3) by adding at the end the following:
``(11) that the airport improvement program should be
administered to encourage projects that employ innovative
technology, concepts, and approaches that will promote safety,
capacity, and efficiency improvements in the construction of
airports and in the air transportation system (including the
development and use of innovative concrete and other materials in
the construction of airport facilities to minimize initial laydown
costs, minimize time out of service, and maximize lifecycle
durability) and to encourage and solicit innovative technology
proposals and activities in the expenditure of funding pursuant to
this subchapter;''.

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ACCESS SYSTEMS.
Section 47102(3)(B)(ii) is amended by inserting after ``or security
equipment'' the following: ``, including explosive detection devices
and universal access systems,''.

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Section 47105(a)(1)(B) is amended--
(1) by striking ``at least 2'' each place it appears and
inserting ``1 or more''; and
(2) by striking ``similar''.

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(a) Condition of Assistance.--Section 47105 is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Preventive Maintenance.--After January 1, 1995, the Secretary
may approve an application under this subchapter for the replacement or
reconstruction of pavement at an airport only if the sponsor has
provided such assurances or certifications as the Secretary may
determine appropriate that such airport has implemented an effective
airport pavement maintenance-management program. The Secretary may
require such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.''.
(b) Study.--
(1) In general.--The Secretary shall study the products used
for airport pavement maintenance and rehabilitation. Such study
shall consider, at a minimum, the cost and benefits of the
following:
(A) A requirement that the manufacturer or installer of
such products provide minimum warranties.
(B) Establishment of enhanced minimum specifications or
performance standards for such products.
(C) The use of insurance or other means to improve the
performance and value of such products.
(2) Solicitation of views.--In conducting the study under this
subsection, the Secretary shall solicit and consider the views of
airport operators, manufacturers of airport pavement maintenance
and rehabilitation products, installers of such products,
appropriate Federal agencies, and other relevant persons.
(3) Report.--Not later than June 1, 1995, the Secretary shall
report to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Public Works and Transportation of
the House of Representatives on the results of the study conducted
under this subsection.

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APPLICATION APPROVAL.
Section 47106 is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).

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Section 47106 is amended by adding at the end the following:
``(e) Reports Relating to Construction of Certain New Hub
Airports.--At least 90 days prior to the approval under this subchapter
of a project grant application for construction of a new hub airport
that is expected to have 0.25 percent or more of the total annual
enplanements in the United States, the Secretary shall submit to
Congress a report analyzing the anticipated impact of such proposed new
airport on--
``(1) the fees charged to air carriers (including landing
fees), and other costs that will be incurred by air carriers, for
using the proposed airport;
``(2) air transportation that will be provided in the
geographic region of the proposed airport; and
``(3) the availability and cost of providing air transportation
to rural areas in such geographic region.''.

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Section 47101(a) is further amended by adding at the end the
following:
``(12) that airport fees, rates, and charges must be reasonable
and may only be used for purposes not prohibited by this Act; and
``(13) that airports should be as self-sustaining as possible
under the circumstances existing at each particular airport and in
establishing new fees, rates, and charges, and generating revenues
from all sources, airport owners and operators should not seek to
create revenue surpluses that exceed the amounts to be used for
airport system purposes and for other purposes for which airport
revenues may be spent under section 47107(b)(1) of this title,
including reasonable reserves and other funds to facilitate
financing and cover contingencies.''.

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(a) In General.--Section 47107(a) is amended--
(1) by inserting before the semicolon at the end of paragraph
(15) ``and make such reports available to the public'';
(2) by striking ``and'' at the end of paragraph (17);
(3) by striking the period at the end of paragraph (18) and
inserting ``; and''; and
(4) by adding at the end the following:
``(19) the airport owner or operator will submit to the
Secretary 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.''.
(b) Format for Reporting.--Within 180 days after the date of the
enactment of this Act, the Secretary shall prescribe a uniform
simplified format for reporting that is applicable to airports. Such
format shall be designed to enable the public to understand readily how
funds are collected and spent at airports, and to provide sufficient
information relating to total revenues, operating expenditures, capital
expenditures, debt service payments, contributions to restricted funds,
accounts, or reserves required by financing agreements or covenants or
airport lease or use agreements or covenants. Such format shall require
each commercial service airport to report the amount of any revenue
surplus, the amount of concession-generated revenue, and other
information as required by the Secretary.
(c) Annual Summaries.--Section 47107 is amended by adding at the
end the following:
``(k) Annual Summaries of Financial Reports.--The Secretary shall
provide to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Public Works and Transportation of the
House of Representatives an annual summary of the reports submitted to
the Secretary under subsection (a)(19) of this section and under
section 111(b) of the Federal Aviation Administration Authorization Act
of 1994.''.

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AIRPORT REVENUE.
(a) New Policies And Procedures.--Section 47107 is further amended
by adding at the end the following:
``(l) Policies and Procedures To Ensure Enforcement Against Illegal
Diversion of Airport Revenue.--
``(1) In general.--Not later than 90 days after the date of the
enactment of this subsection, the Secretary of Transportation shall
establish policies and procedures that will assure the prompt and
effective enforcement of subsections (a)(13) and (b) of this
section and grant assurances made under such subsections. Such
policies and procedures shall recognize the exemption provision in
subsection (b)(2) of this section and shall respond to the
information contained in the reports of the Inspector General of
the Department of Transportation on airport revenue diversion and
such other relevant information as the Secretary may by law
consider.
``(2) Revenue diversion.--Policies and procedures to be
established pursuant to paragraph (1) of this subsection shall
prohibit, at a minimum, the diversion of airport revenues (except
as authorized under subsection (b) of this section) through--
``(A) direct payments or indirect payments, other than
payments reflecting the value of services and facilities
provided to the airport;
``(B) use of airport revenues for general economic
development, marketing, and promotional activities unrelated to
airports or airport systems;
``(C) payments in lieu of taxes or other assessments that
exceed the value of services provided; or
``(D) payments to compensate nonsponsoring governmental
bodies for lost tax revenues exceeding stated tax rates.
``(3) Efforts to be self-sustaining.--With respect to
subsection (a)(13) of this section, policies and procedures to be
established pursuant to paragraph (1) of this subsection shall take
into account, at a minimum, whether owners and operators of
airports, when entering into new or revised agreements or otherwise
establishing rates, charges, and fees, have undertaken reasonable
efforts to make their particular airports as self-sustaining as
possible under the circumstances existing at such airports.
``(4) Administrative safeguards.--Policies and procedures to be
established pursuant to paragraph (1) shall mandate internal
controls, auditing requirements, and increased levels of Department
of Transportation personnel sufficient to respond fully and
promptly to complaints received regarding possible violations of
subsections (a)(13) and (b) of this section and grant assurances
made under such subsections and to alert the Secretary to such
possible violations.''.
(b) Withholding of Approval of Applications for Grants or Passenger
Facility Charges; Judicial Enforcement.--Section 47111 is amended by
adding at the end the following:
``(e) Action on Grant Assurances Concerning Airport Revenues.--If,
after notice and opportunity for a hearing, the Secretary finds a
violation of section 47107(b) of this title, as further defined by the
Secretary under section 47107(l) of this title, or a violation of an
assurance made under section 47107(b) of this title, and the Secretary
has provided an opportunity for the airport sponsor to take corrective
action to cure such violation, and such corrective action has not been
taken within the period of time set by the Secretary, the Secretary
shall withhold approval of any new grant application for funds under
this chapter, or any proposed modification to an existing grant that
would increase the amount of funds made available under this chapter to
the airport sponsor, and withhold approval of any new application to
impose a fee under section 40117 of this title. Such applications may
thereafter be approved only upon a finding by the Secretary that such
corrective action as the Secretary requires has been taken to address
the violation and that the violation no longer exists.
``(f) Judicial Enforcement.--For any violation of this chapter or
any grant assurance made under this chapter, the Secretary may apply to
the district court of the United States for any district in which the
violation occurred for enforcement. Such court shall have jurisdiction
to enforce obedience thereto by a writ of injunction or other process,
mandatory or otherwise, restraining any person from further
violation.''.
(c) Civil Penalties.--
(1) General penalty.--Section 46301(a) is amended--
(A) in paragraph (1) by striking ``or 46303'' and inserting
``46303, 47107(b) (including any assurance made under such
section)''; and
(B) by adding at the end the following:
``(5) In the case of a violation of section 47107(b) of this title,
the maximum civil penalty for a continuing violation shall not exceed
$50,000.''.
(2) Administrative penalty.--Section 46301(d)(2) is amended by
striking ``or 46303'' and inserting ``46303, or 47107(b) (as
further defined by the Secretary under section 47107(l) and
including any assurance made under section 47107(b))''.
(3) Procedures.--Section 46301(d)(7) is amended by adding at
the end the following:
``(D) In the case of a violation of section 47107(b) of this title
or any assurance made under such section--
``(i) a civil penalty shall not be assessed against an
individual;
``(ii) a civil penalty may be compromised as provided under
subsection (f); and
``(iii) judicial review of any order assessing a civil penalty
may be obtained only pursuant to section 46110 of this title.''.
(d) Consideration of Diversion of Revenues in Awarding
Discretionary Grants.--Section 47115 is amended by adding at the end
the following new subsection:
``(f) Consideration of Diversion of Revenues in Awarding
Discretionary Grants.--
``(1) General rule.--Subject to paragraph (2), in deciding
whether or not to distribute funds to an airport from the
discretionary funds established by subsection (a) of this section
and section 47116 of this title, the Secretary shall consider as a
factor militating against the distribution of such funds to the
airport the fact that the airport is using revenues 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 or other local facilities which are owned or
operated by the owner or operator of the airport and directly and
substantially related to the actual air transportation of
passengers or property.
``(2) Required finding.--Paragraph (1) shall apply only when
the Secretary finds that the amount of revenues used by the airport
for purposes other than capital or operating costs in the airport's
fiscal year preceding the date of the application for discretionary
funds exceeds the amount of such revenues in the airport's first
fiscal year ending after theP date of the enactment of this
subsection, adjusted by the Secretary for changes in the Consumer
Price Index of All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.''.
(e) Unreasonable Burden on Interstate Commerce.--Section
40116(d)(2)(A) is amended by adding at the end the following:
``(iv) Levy or collect a tax, fee, or charge, first taking
effect after the date of the enactment of this clause, exclusively
upon any business located at a commercial service airport or
operating as a permittee of such an airport other than a tax, fee,
or charge wholly utilized for airport or aeronautical purposes.''.

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AIRPORT FEES.
(a) In General.--Subchapter I of chapter 471 of subtitle VII is
amended--
(1) by redesignating section 47129 (and any references thereto)
as section 47131; and
(2) by inserting after section 47128 the following new section:
``Sec. 47129. Resolution of airport-air carrier disputes concerning
airport fees
``(a) Authority To Request Secretary's Determination.--
``(1) In general.--The Secretary of Transportation shall issue
a determination as to whether a fee imposed upon one or more air
carriers (as defined in section 40102 of this subtitle) by the
owner or operator of an airport is reasonable if--
``(A) a written request for such determination is filed
with the Secretary by such owner or operator; or
``(B) a written complaint requesting such determination is
filed with the Secretary by an affected air carrier within 60
days after such carrier receives written notice of the
establishment or increase of such fee.
``(2) Calculation of fee.--A fee subject to a determination of
reasonableness under this section may be calculated pursuant to
either a compensatory or residual fee methodology or any
combination thereof.
``(3) Secretary not to set fee.--In determining whether a fee
is reasonable under this section, the Secretary may only determine
whether the fee is reasonable or unreasonable and shall not set the
level of the fee.
``(b) Procedural Regulations.--Not later than 90 days after the
date of the enactment of this section, the Secretary shall publish in
the Federal Register final regulations, policy statements, or
guidelines establishing--
``(1) the procedures for acting upon any written request or
complaint filed under subsection (a)(1); and
``(2) the standards or guidelines that shall be used by the
Secretary in determining under this section whether an airport fee
is reasonable.
``(c) Decisions By Secretary.--The final regulations, policy
statements, or guidelines required in subsection (b) shall provide the
following:
``(1) Not more than 120 days after an air carrier files with
the Secretary a written complaint relating to an airport fee, the
Secretary shall issue a final order determining whether such fee is
reasonable.
``(2) Within 30 days after such complaint is filed with the
Secretary, the Secretary shall dismiss the complaint if no
significant dispute exists or shall assign the matter to an
administrative law judge; and thereafter the matter shall be
handled in accordance with part 302 of title 14, Code of Federal
Regulations, or as modified by the Secretary to ensure an orderly
disposition of the matter within the 120-day period and any
specifically applicable provisions of this section.
``(3) The administrative law judge shall issue a recommended
decision within 60 days after the complaint is assigned or within
such shorter period as the Secretary may specify.
``(4) If the Secretary, upon the expiration of 120 days after
the filing of the complaint, has not issued a final order, the
decision of the administrative law judge shall be deemed to be the
final order of the Secretary.
``(5) Any party to the dispute may seek review of a final order
of the Secretary under this subsection in the Circuit Court of
Appeals for the District of Columbia Circuit or the court of
appeals in the circuit where the airport which gives rise to the
written complaint is located.
``(6) Any findings of fact in a final order of the Secretary
under this subsection, if supported by substantial evidence, shall
be conclusive if challenged in a court pursuant to this subsection.
No objection to such a final order shall be considered by the court
unless objection was urged before an administrative law judge or
the Secretary at a proceeding under this subsection or, if not so
urged, unless there were reasonable grounds for failure to do so.
``(d) Payment Under Protest; Guarantee of Air Carrier Access.--
``(1) Payment under protest.--
``(A) In general.--Any fee increase or newly established
fee which is the subject of a complaint that is not dismissed
by the Secretary shall be paid by the complainant air carrier
to the airport under protest.
``(B) Referral or credit.--Any amounts paid under this
subsection by a complainant air carrier to the airport under
protest shall be subject to refund or credit to the air carrier
in accordance with directions in the final order of the
Secretary within 30 days of such order.
``(C) Assurance of timely repayment.--In order to assure
the timely repayment, with interest, of amounts in dispute
determined not to be reasonable by the Secretary, the airport
shall obtain a letter of credit, or surety bond, or other
suitable credit facility, equal to the amount in dispute that
is due during the 120-day period established by this section,
plus interest, unless the airport and the complainant air
carrier agree otherwise.
``(D) Deadline.--The letter of credit, or surety bond, or
other suitable credit facility shall be provided to the
Secretary within 20 days of the filing of the complaint and
shall remain in effect for 30 days after the earlier of 120
days or the issuance of a timely final order by the Secretary
determining whether such fee is reasonable.
``(2) Guarantee of air carrier access.--Contingent upon an air
carrier's compliance with the requirements of paragraph (1) and
pending the issuance of a final order by the Secretary determining
the reasonableness of a fee that is the subject of a complaint
filed under subsection (a)(1)(B), an owner or operator of an
airport may not deny an air carrier currently providing air service
at the airport reasonable access to airport facilities or service,
or otherwise interfere with an air carrier's prices, routes, or
services, as a means of enforcing the fee.
``(e) Applicability.--This section does not apply to--
``(1) a fee imposed pursuant to a written agreement with air
carriers using the facilities of an airport;
``(2) a fee imposed pursuant to a financing agreement or
covenant entered into prior to the date of the enactment of this
section; or
``(3) any other existing fee not in dispute as of such date of
enactment.
``(f) Effect On Existing Agreements.--Nothing in this section shall
adversely affect--
``(1) the rights of any party under any existing written
agreement between an air carrier and the owner or operator of an
airport; or
``(2) the ability of an airport to meet its obligations under a
financing agreement, or covenant, that is in force as of the date
of the enactment of this section.
``(g) Definition.--In this section, the term `fee' means any rate,
rental charge, landing fee, or other service charge for the use of
airport facilities.''.
(b) Conforming Amendment.--The analysis to such chapter is
amended--
(1) by striking ``47129'' and inserting ``47131''; and
(2) by inserting after the item relating to section 47128 the
following:
``47129. Resolution of airport-air carrier disputes concerning airport
fees.''.

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Section 47109 is amended--
(1) in subsection (a) by striking ``subsections (b) and (c)''
and inserting ``subsection (b)''; and
(2) by striking subsection (c).

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Section 47110(e) is amended by adding at the end the following:
``(6) Limitation on statutory construction.--Nothing in this
section shall be construed to prohibit the obligation of amounts
pursuant to a letter of intent under this subsection in the same
fiscal year as the letter of intent is issued.''.

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(a) Military Airport Set-Aside.--Section 47117(e)(1)(E) is amended
by striking ``, and 1995'' and inserting ``, 1995, and 1996''.
(b) Designation of Military Airports.--Section 47118(a) is
amended--
(1) by striking ``12'' and inserting ``15''; and
(2) by adding at the end the following: ``The Secretary may
only designate an airport for such grants (other than an airport
designated for such grants on or before the date of the enactment
of this sentence) if the Secretary finds that grants under such
section for projects at such airport would reduce delays at an
airport with more than 20,000 hours of annual delays in commercial
passenger aircraft takeoffs and landings.''.
(c) Elimination of Extension of 5-Year Period of Eligibility.--
Section 47118(d) is amended by striking the last sentence.
(d) Construction of Parking Lots, Fuel Farms, and Utilities.--
Section 47118(f) is amended by striking ``-1995'' and inserting ``-
1996''.

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Section 47119 is amended--
(1) in subsection (a) by inserting ``or, in the case of a
commercial service airport which annually had less than 0.05
percent of the total enplanements in the United States, between
January 1, 1992, and October 31, 1992,'' after ``July 12, 1976,'';
and
(2) by adding at the end the following:
``(c) Nonhub Airports.--With respect to a project at a 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 amounts described in subsection (a) notwithstanding the
requirements of sections 47107(a)(17), 47112, and 47113.''.

aff3f1f86457fff12e6f31f96590369473d4f52edd0693f2b9e190bcdb135730

(a) In General.--Chapter 471 of subtitle VII is further amended by
inserting after section 47129 the following:
``Sec. 47130. Airport safety data collection
``Notwithstanding any other provision of law, the Administrator of
the Federal Aviation Administration may contract, using sole source or
limited source authority, for the collection of airport safety data.''.
(b) Clerical Amendment.--The analysis for such chapter 471 is
further amended by inserting after the item relating to section 47129
the following:
``47130. Airport safety data collection.''.

c93d04eb1aea45f19219448f699d78f33a0408a889d0ba685c36a25770258e3b

BUILDINGS AND PROPERTIES.
Section 47504(c) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs
(3), (4), and (5), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Soundproofing and acquisition of certain residential
buildings and properties.--The Secretary may incur obligations to
make grants from amounts made available under section 48103 of this
title--
``(A) for projects to soundproof residential buildings--
``(i) if the airport operator received approval for a
grant for a project to soundproof residential buildings
pursuant to section 301(d)(4)(B) of the Airport and Airway
Safety and Capacity Expansion Act of 1987;
``(ii) if the airport operator submits updated noise
exposure contours, as required by the Secretary; and
``(iii) if the Secretary determines that the proposed
projects are compatible with the purposes of this chapter;
and
``(B) to an airport operator and unit of local government
referred to in paragraph (1)(A) or (1)(B) of this subsection to
soundproof residential buildings located on residential
properties, and to acquire residential properties, at which
noise levels are not compatible with normal operations of an
airport--
``(i) if the airport operator amended an existing local
aircraft noise regulation during calendar year 1993 to
increase the maximum permitted noise levels for scheduled
air carrier aircraft as a direct result of implementation
of revised aircraft noise departure procedures mandated for
aircraft safety purposes by the Administrator of the
Federal Aviation Administration for standardized
application at airports served by scheduled air carriers;
``(ii) if the airport operator submits updated noise
exposure contours, as required by the Secretary; and
``(iii) if the Secretary determines that the proposed
projects are compatible with the purposes of this
chapter.''; and
(3) in paragraph (4), as so redesignated, by striking
``paragraph (1) of''.

61bcbd0e296eb1406e30480a07f08914059f5fd3c411b9e42e5b725513c56a11

(a) Purchase.--Section 44502(a) is amended by adding at the end the
following new paragraph:
``(4) Purchase of instrument landing system.--
``(A) Establishment of program.--The Secretary shall
purchase precision approach instrument landing system equipment
for installation at airports on an expedited basis.
``(B) Authorization.--No less than $30,000,000 of the
amounts appropriated under section 48101(a) for each of fiscal
years 1995 and 1996 shall be used for the purpose of carrying
out this paragraph, including acquisition, site preparation
work, installation, and related expenditures.''.
(b) Cost Savings Associated With Purchase.--Notwithstanding other
provisions of law or regulations to the contrary, the Administrator
shall establish, within 120 days after the date of the enactment of
this Act, a process through which airport sponsors may take advantage
of cost savings associated with the purchase and installation of
instrument landing systems, along with associated equipment, under
existing or future Federal Aviation Administration contracts. The
process established by the Administrator may provide for the direct
reimbursement (including administrative costs) of the Administrator by
an airport sponsor using grants funds under subchapter I of chapter 471
of subtitle VII of title 49, United States Code, relating to airport
improvement, for the ordering of such equipment and installation or for
the direct ordering of such equipment and installation by an airport
sponsor, using such grant funds, from the suppliers with which the
Administrator has contracted.

3610fd379adc182dfdb1044cda4da1cf6fd397dd3f951dc14d81d75261a9efd4

The Secretary shall conduct a review of section 158.49(b) of title
14, Code of Federal Regulations, to assess the effectiveness of such
section in light of the objectives of section 40117 of title 49, United
States Code, and shall take such corrective action as the Secretary
determines to be necessary to address any problems discovered in the
review.

dedaeee9d1ec75f5c433be23270a4fef77de611dd5826c281dbb9813c6dbc2a7

Section 106(b) is amended by adding at the end the following: ``The
term of office for any individual appointed as Administrator after the
date of the enactment of this sentence shall be 5 years.''.

fe5e4448de83a404ab1d7b3b93021097325e5c3a77bf67dee38fd81340d232dc

TITLE II

-OTHER AVIATION PROGRAMS

Section 40113 is amended by adding at the end the following new
subsection:
``(e) Assistance to Foreign Aviation Authorities.--
``(1) Safety-related training and operational services.--The
Administrator may provide safety-related training and operational
services to foreign aviation authorities with or without
reimbursement, if the Administrator determines that providing such
services promotes aviation safety. To the extent practicable, air
travel reimbursed under this subsection shall be conducted on
United States air carriers.
``(2) Reimbursement sought.--The Administrator shall actively
seek reimbursement for services provided under this subsection from
foreign aviation authorities capable of providing such
reimbursement.
``(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall be credited to the
appropriation from which the expenses were incurred in providing
such services.
``(4) Reporting.--Not later than December 31, 1995, and
annually thereafter, the Administrator shall transmit to Congress a
list of the foreign aviation authorities to which the Administrator
provided services under this subsection in the preceding fiscal
year. Such list shall specify the dollar value of such services and
any reimbursement received for such services.''.

c3c9153c03c896ccf489cf4cf4ee6cdea2bb065a9bb74549b69a4b7d55e57583

MANDATES.
Section 40117(a)(3) is amended--
(1) by striking ``and'' at end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) in addition to projects eligible under subparagraph
(A), the construction, reconstruction, repair, or improvement
of areas of an airport used for the operation of aircraft or
actions to mitigate the environmental effects of such
construction, reconstruction, repair, or improvement when the
construction, reconstruction, repair, improvement, or action is
necessary for compliance with the responsibilities of the
operator or owner of the airport under the Americans with
Disabilities Act of 1990, the Clean Air Act, or the Federal
Water Pollution Control Act with respect to the airport.''.

b20dc7dbb00772c9cf74c333b8aba22e7fc32cd2377cd7a7f94dd2837e3160db

(a) Clarification of Applicability.--
(1) General rule.--Section 40117(e)(2) is amended--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph
(C)(ii) and inserting ``; and''; and
(C) by adding at the end the following:
``(D) enplaning at an airport if the passenger did not pay for
the air transportation which resulted in such enplanement,
including any case in which the passenger obtained the ticket for
the air transportation with a frequent flier award coupon without
monetary payment.''.
(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 40117(d) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)(C) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the application includes adequate justification for each
of the specific projects.''.

842638ecbcb488b5c7e1f680ed32d634ba2949d3d561198a1ecc0bcad64d9d38

(a) In General.--
(1) Restrictions.--Chapter 413 of subtitle VII is amended by
adding at the end the following:
``Sec. 41311. Gambling restrictions
``(a) In General.--An air carrier or foreign air carrier may not
install, transport, or operate, or permit the use of, any gambling
device on board an aircraft in foreign air transportation.
``(b) Definition.--In this section, the term `gambling device'
means any machine or mechanical device (including gambling applications
on electronic interactive video systems installed on board aircraft for
passenger use)--
``(1) which when operated may deliver, as the result of the
application of an element of chance, any money or property; or
``(2) by the operation of which a person may become entitled to
receive, as the result of the application of an element of chance,
any money or property.''.
(2) Clerical amendment.--The analysis of such chapter 413 is
amended by inserting at the end the following new item:
``41311. Gambling restrictions.''.
(b) Study of Gambling on Commercial Aircraft.--Not later than 1
year after the date of the enactment of this Act, the Secretary shall
complete a study of--
(1) the aviation safety effects of gambling applications on
electronic interactive video systems installed on board aircraft
for passenger use, including an evaluation of the effect of such
systems on the navigational and other electronic equipment of the
aircraft, on the passengers and crew of the aircraft, and on issues
relating to the method of payment;
(2) the competitive implications of permitting foreign air
carriers only, but not United States air carriers, to install,
transport, and operate gambling applications on electronic
interactive video systems on board aircraft in the foreign commerce
of the United States on flights over international waters, or in
fifth freedom city-pair markets; and
(3) whether gambling should be allowed on international
flights, including proposed legislation to effectuate any
recommended changes in existing law.
The Secretary shall, within 5 days after the completion of the study,
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives on the results of the
study.

eec35d5d806b697503991979379de7526570bfcde828514c22c30c399ca9bf28

(a) Availability of Slots.--
(1) In general.--Subchapter I of chapter 417 of subtitle VII is
amended by adding at the end the following:
``Sec. 41714. Availability of slots
``(a) Making Slots Available for Essential Air Service.--
``(1) Operational authority.--If basic essential air service
under subchapter II of this chapter is to be provided from an
eligible point to a high density airport (other than Washington
National Airport), the Secretary of Transportation shall ensure
that the air carrier providing or selected to provide such service
has sufficient operational authority at the high density airport to
provide such service. The operational authority shall allow flights
at reasonable times taking into account the needs of passengers
with connecting flights.
``(2) Exemptions.--If necessary to carry out the objectives of
paragraph (1), the Secretary shall by order grant exemptions from
the requirements of subparts K and S of part 93 of title 14, Code
of Federal Regulations (pertaining to slots at high density
airports), to air carriers using Stage 3 aircraft or to commuter
air carriers, unless such an exemption would significantly increase
operational delays.
``(3) Assurance of access.--If the Secretary finds that an
exemption under paragraph (2) would significantly increase
operational delays, the Secretary shall take such action as may be
necessary to ensure that an air carrier providing or selected to
provide basic essential air service is able to obtain access to a
high density airport; except that the Secretary shall not be
required to make slots available at O'Hare International Airport in
Chicago, Illinois, if the number of slots available for basic
essential air service (including slots specifically designated as
essential air service slots and slots used for such purposes) to
and from such airport is at least 132 slots.
``(4) Action by the secretary.--The Secretary shall issue a
final order under this subsection on or before the 60th day after
receiving a request from an air carrier for operational authority
under this subsection.
``(b) Slots for Foreign Air Transportation.--
``(1) Exemptions.--If the Secretary finds it to be in the
public interest at a high density airport (other than Washington
National Airport), the Secretary may grant by order exemptions from
the requirements of subparts K and S of part 93 of title 14, Code
of Federal Regulations (pertaining to slots at high density
airports), to enable air carriers and foreign air carriers to
provide foreign air transportation using Stage 3 aircraft.
``(2) Slot withdrawals.--The Secretary may not withdraw a slot
from an air carrier in order to allocate that slot to a carrier to
provide foreign air transportation if the withdrawal of that slot
would result in the withdrawal of slots from an air carrier at
O'Hare International Airport under section 93.223 of title 14, Code
of Federal Regulations, in excess of the total withdrawn from that
air carrier as of October 31, 1993.
``(3) Equivalent rights of access.--The Secretary shall not
take a slot at a high density airport from an air carrier and award
such slot to a foreign air carrier if the Secretary determines that
air carriers are not provided equivalent rights of access to
airports in the country of which such foreign air carrier is a
citizen.
``(4) Period of effectiveness.--This subsection and exemptions
issued under this subsection shall cease to be in effect when the
final rules issued under subsection (f) become effective.
``(c) Slots for New Entrants.--
``(1) In general.--If the Secretary finds it to be in the
public interest and the circumstances to be exceptional, the
Secretary may by order grant exemptions from the requirements under
subparts K and S of part 93 of title 14, Code of Federal
Regulations (pertaining to slots at high density airports), to
enable new entrant air carriers to provide air transportation at
high density airports (other than Washington National Airport).
``(2) Period of effectiveness.--Exemptions issued under this
subsection shall cease to be in effect on or after the date on
which the final rules issued under subsection (f) become effective.
``(d) Special Rules for Washington National Airport.--
``(1) In general.--Notwithstanding sections 6005(c)(5) and
6009(e) of the Metropolitan Washington Airports Act of 1986, or any
provision of this section, the Secretary may, only under
circumstances determined by the Secretary to be exceptional, grant
by order to an air carrier currently holding or operating a slot at
Washington National Airport an exemption from requirements under
subparts K and S of part 93 of title 14, Code of Federal
Regulations (pertaining to slots at Washington National Airport),
to enable that carrier to provide air transportation with Stage 3
aircraft at Washington National Airport; except that such exemption
shall not--
``(A) result in an increase in the total number of slots
per day at Washington National Airport;
``(B) result in an increase in the total number of slots at
Washington National Airport from 7:00 ante meridiem to 9:59
post meridiem;
``(C) increase the number of operations at Washington
National Airport in any 1-hour period by more than 2
operations;
``(D) result in the withdrawal or reduction of slots
operated by an air carrier;
``(E) result in a net increase in noise impact on
surrounding communities resulting from changes in timing of
operations permitted under this subsection; and
``(F) continue in effect on or after the date on which the
final rules issued under subsection (f) become effective.
``(2) Limitation on applicability.--Nothing in this subsection
shall adversely affect Exemption No. 5133, as from time-to-time
amended and extended.
``(e) Study.--
``(1) Matters to be considered.--The Secretary shall continue
the Secretary's current examination of slot regulations and shall
ensure that the examination includes consideration of--
``(A) whether improvements in 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;
``(B) the effects of the elimination of limitations or an
increase in the number of operations allowed on each of the
following:
``(i) congestion and delay in any part of the national
aviation system;
``(ii) the impact of noise on persons living near the
airport;
``(iii) competition in the air transportation system;
``(iv) the profitability of operations of airlines
serving the airport; and
``(v) aviation safety;
``(C) the impact of the current slot allocation process
upon the ability of air carriers to provide essential air
service under subchapter II of this chapter;
``(D) the impact of such allocation process upon the
ability of new entrant air carriers to obtain slots in time
periods that enable them to provide service;
``(E) the impact of such allocation process on the ability
of foreign air carriers to obtain slots;
``(F) the fairness of such process to air carriers and the
extent to which air carriers are provided equivalent rights of
access to the air transportation market in the countries of
which foreign air carriers holding slots are citizens;
``(G) the impact, on the ability of air carriers to provide
domestic and international air service, of the withdrawal of
slots from air carriers in order to provide slots for foreign
air carriers; and
``(H) the impact of the prohibition on slot withdrawals in
subsections (b)(2) and (b)(3) of this section on the aviation
relationship between the United States Government and foreign
governments, including whether the prohibition in such
subsections will require the withdrawal of slots from general
and military aviation in order to meet the needs of air
carriers and foreign air carriers providing foreign air
transportation (and the impact of such withdrawal on general
aviation and military aviation) and whether slots will become
available to meet the needs of air carriers and foreign air
carriers to provide foreign air transportation as a result of
the planned relocation of Air Force Reserve units and the Air
National Guard at O'Hare International Airport.
``(2) Report.--Not later than January 31, 1995, the Secretary
shall complete the current examination of slot regulations and
shall transmit 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 containing
the results of such examination.
``(f) Rulemaking.--The Secretary shall conduct a rulemaking
proceeding based on the results of the study described in subsection
(e). In the course of such proceeding, the Secretary shall issue a
notice of proposed rulemaking not later than August 1, 1995, and shall
issue a final rule not later than 90 days after public comments are due
on the notice of proposed rulemaking.
``(g) Weekend Operations.--The Secretary shall consider the
advisability of revising section 93.227 of title 14, Code of Federal
Regulations, so as to eliminate weekend schedules from the
determination of whether the 80 percent standard of subsection (a)(1)
of that section has been met.
``(h) Definitions.--In this section and section 41734(h), the
following definitions apply:
``(1) Commuter air carrier.--The term `commuter air carrier'
means a commuter operator as defined or applied in subpart K or S
of part 93 of title 14, Code of Federal Regulations.
``(2) 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.
``(3) New entrant air carrier.--The term `new entrant air
carrier' means an air carrier that does not hold a slot at the
airport concerned and has never sold or given up a slot at that
airport after December 16, 1985, and a limited incumbent carrier as
defined in subpart S of part 93 of title 14, Code of Federal
Regulations.
``(4) Slot.--The term `slot' means a reservation for an
instrument flight rule takeoff or landing by an air carrier of an
aircraft in air transportation.''.
(b) Clerical Amendment.--The analysis for chapter 417 of subtitle
VII is amended by inserting after the item relating to section 41713
the following:
``41714. Availability of slots.''.
(c) Nonconsideration of Slot Availability.--Section 41734 is
amended by adding at the end the following:
``(h) Nonconsideration of Slot Availability.--In determining what
is basic essential air service and in selecting an air carrier to
provide such service, the Secretary shall not consider as a factor
whether slots at a high density airport are available for providing
such service.''.

8a98e01b0120024994fb7399f6959aa705d4fa6ac54e1ab96055ebcddd2122bc

(a) In General.--Subchapter I of chapter 417 of subtitle VII is
further amended by adding at the end the following new section:
``Sec. 41715. Air service termination notice
``(a) In General.--An air carrier may not terminate interstate air
transportation from a nonhub airport included on the Secretary's latest
published list of such airports, unless such air carrier has given the
Secretary at least 45 days' notice before such termination.
``(b) Exceptions.--The requirements of subsection (a) shall not
apply when--
``(1) the carrier involved is experiencing a sudden or
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 carrier involved has operated at the affected nonhub
airport for 180 days or less;
``(4) the carrier involved provides other transportation by jet
from another airport serving the same community as the affected
nonhub airport; or
``(5) the carrier involved makes alternative arrangements, such
as a change of aircraft size, or other 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.--Before January 1,
1995, the Secretary shall establish terms and conditions under which
regional/commuter carriers can be excluded from the termination notice
requirement.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Nonhub airport.--The term `nonhub airport' has the
meaning that term has under section 41731(a)(3).
``(2) Part 121 air carrier.--The term `part 121 air carrier'
means an air carrier to which part 121 of title 14, Code of Federal
Regulations, applies.
``(3) Part 135 air carrier.--The term `part 135 air carrier'
means an air carrier to which part 135 of title 14, Code of 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.''.
(b) Conforming Amendments.--The analysis of such chapter 417 is
amended by inserting after the item relating to section 41714 the
following new item:
``41715. Air service termination notice.''.
(c) Civil Penalties.--Section 46301(a), as amended by section
1121(d) of this Act, is further amended--
(1) in paragraph (1)(A) by inserting ``, or 41715'' before ``of
this title;'';
(2) in paragraph (4) by inserting ``(other than a violation of
section 41715)'' after ``violation'' the second and third place it
appears; and
(3) by adding at the end the following:
``(6) Notwithstanding paragraph (1), the maximum civil penalty for
violating section 41715 shall be $5,000 instead of $1,000.''.
(d) Effective Date.--The amendments made by this section shall take
effect on February 1, 1995.

264ab3cba435e6d6cd07b255b26a77912d06a0933403540f361124b0e4459811

Section 40116(f) is amended by adding at the end the following:
``(3) Compensation paid by an air carrier to an employee described
in subsection (a) in connection with such employee's authorized leave
or other authorized absence from regular duties on the carrier's
aircraft in order to perform services on behalf of the employee's
airline union shall be subject to the income tax laws of only the
following:
``(A) The State or political subdivision of the State that is
the residence of the employee.
``(B) The State or political subdivision of the State in which
the employee's scheduled flight time would have been more than 50
percent of the employee's total scheduled flight time for the
calendar year had the employee been engaged full time in the
performance of regularly assigned duties on the carrier's
aircraft.''.

6bd60143a04104c65b2417ce2973730dfebefaedf8332f49a1470a6c50310618

Section 45301 is amended--
(1) in subsection (b) by striking ``This section'' and
inserting ``Subsection (a)''; and
(2) by adding at the end the following:
``(c) Recovery of Cost of Foreign Aviation Services.--
``(1) Establishment of fees.--The Administrator may establish
and collect fees for providing or carrying out the following
aviation services outside the United States: any test,
authorization, certificate, permit, rating, evaluation, approval,
inspection, review.
``(2) Foreign repair station certification and inspection
fees.--The Administrator must establish and collect under this
subsection fees for certification and inspection of repair stations
outside of the United States.
``(3) Level of fees.--Fees shall be established under this
subsection as necessary to recover the additional cost of 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; except that the Administrator may for
such services as the Administrator designates (and shall for
certification and inspection of repair stations outside the United
States) establish fees at a level necessary to recover the full
cost of providing such services.
``(4) Effect on other authority.--The provisions of this
subsection do not limit the Administrator's authority to establish
and collect fees under subsection (a).
``(5) Crediting of preestablished fees.--Fees described in
paragraph (1) that were not established before the date of the
enactment of this subsection may be credited in accordance with
section 45302(d).''.

3173ac35ae7ca61cb435524ba3005a52a1d0ee0f814df8cfd2ac80120e7155f4

This title may be cited as the ``Federal Aviation Administration
Research, Engineering, and Development Authorization Act of 1994''.

99b92d65749057edcf4c99c52ee577a0937758288974ec15d6e7dec672abcd20

Section 48102(a) of title 49, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) for fiscal year 1995--
``(A) $7,673,000 for management and analysis projects and
activities;
``(B) $80,901,000 for capacity and air traffic management
technology projects and activities;
``(C) $39,242,000 for communications, navigation, and
surveillance projects and activities;
``(D) $2,909,000 for weather projects and activities;
``(E) $8,660,000 for airport technology projects and
activities;
``(F) $51,004,000 for aircraft safety technology projects
and activities;
``(G) $36,604,000 for system security technology projects
and activities;
``(H) $26,484,000 for human factors and aviation medicine
projects and activities;
``(I) $8,124,000 for environment and energy projects and
activities; and
``(J) $5,199,000 for innovative/cooperative research
projects and activities; and
``(2) for fiscal year 1996--
``(A) $8,056,000 for management and analysis projects and
activities;
``(B) $84,946,000 for capacity and air traffic management
technology projects and activities;
``(C) $41,204,000 for communications, navigation, and
surveillance projects and activities;
``(D) $3,054,000 for weather projects and activities;
``(E) $9,093,000 for airport technology projects and
activities;
``(F) $53,554,000 for aircraft safety technology projects
and activities;
``(G) $38,434,000 for system security technology projects
and activities;
``(H) $27,808,000 for human factors and aviation medicine
projects and activities;
``(I) $8,532,000 for environment and energy projects and
activities; and
``(J) $5,459,000 for innovative/cooperative research
projects and activities.''.

1c7eab141a5136456dfab1d7f84724f210ad3913223bfbed4a633dcfa1f6409b

(a) Establishment.--The Administrator, in consultation with 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) advanced airport and airplane security;
(3) environmentally compatible technologies, including
technologies that limit or reduce noise and air pollution;
(4) advanced aviation safety programs; and
(5) technologies and procedures to enhance and improve airport
and airway capacity.
(b) Procedures for Contracts and Grants.--The 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 1995 and 1996 under section 48102(a) of
title 49, United States Code, as amended by section 302 of this title,
there are authorized to be appropriated for fiscal years 1995 and 1996,
respectively, such sums as may be necessary to carry out this section.

c7e74cf459c16bcf88c3e7f48183253e3124188e963a214239deeb16b90412c2

(a) Establishment.--The Administrator, in consultation with the
heads of other appropriate Federal agencies, shall establish a research
program to determine--
(1) what, if any, aircraft cabin air conditions, including
pressure altitude systems, on flights within the United States are
harmful to the health of airline passengers and crew, as indicated
by physical symptoms such as headaches, nausea, fatigue, and
lightheadedness; and
(2) the risk of airline passengers and crew contracting
infectious diseases during flight.
(b) Contract With Center for Disease Control.--In carrying out the
research program established under subsection (a), the Administrator
and the heads of the other appropriate Federal agencies shall contract
with the Center for Disease Control and other appropriate agencies to
carry out any studies necessary to meet the goals of the program set
forth in subsection (c).
(c) Goals.--The goals of the research program established under
subsection (a) shall be--
(1) to determine what, if any, cabin air conditions currently
exist on domestic aircraft used for flights within the United
States that could be harmful to the health of airline passengers
and crew, as indicated by physical symptoms such as headaches,
nausea, fatigue, and lightheadedness, and including the risk of
infection by bacteria and viruses;
(2) to determine to what extent, changes in, cabin air
pressure, temperature, rate of cabin air circulation, the quantity
of fresh air per occupant, and humidity on current domestic
aircraft would reduce or eliminate the risk of illness or
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 subsec- tion (c).
(f) Authorization of Appropriations.--Of amounts authorized to be
appropriated for fiscal years 1995 and 1996 under section 48102(a) of
title 49, United States Code, as amended by section 302 of this title,
there are authorized to be appropriated for fiscal years 1995 and 1996,
respectively, such sums as may be necessary to carry out this section.

567aeb04abcc39755ad12cf4d1a04757d88e6a854f1d2d28482da5c82ca6939b

(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 title, including any subcontract under such a contract
pursuant to the debarment, suspension, and ineligibility procedures in
subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, or
any successor procedures thereto.
(b) Compliance With Buy American Act.--(1) Except as 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 title 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.

bcbcc881c3e4e61991b1fafaa350d83abed24ccb4b5cbd21ab5d24f76bc2db4e

(a) Sense of Congress.--It is the sense of Congress that any
recipient of a grant under this title, or under any amendment made by
this title, should purchase, when available and cost-effective,
American made equipment and products when expending grant monies.
(b) Notice to Recipients of Assistance.--In allocating grants under
this title, or under any amendment made by this title, the Secretary
shall provide to each recipient a notice describing the statement made
in subsection (a) by the Congress.

4ed8d707831a79bbfe6537f4f7561566c98a941020073db2266a16f2a9adf35e

DEVELOPMENT.
Section 44505 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(d) Cooperative Agreements.--The Administrator may enter into
cooperative agreements on a cost-shared basis with Federal and non-
Federal entities that the Administrator may select in order to conduct,
encourage, and promote aviation research, engineering, and development,
including the development of prototypes and demonstration models.''.

6d37526a1aa1bef0f80a5718d4bee6930ce3556812f670f36dc6ae9d9e5fad0a

(a) In General.--Subchapter I of chapter 475 of part B of subtitle
VII is amended by adding at the end the following new section:
``Sec. 47509. Research program on quiet aircraft technology for
propeller and rotor driven aircraft
``(a) Establishment.--The Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics and
Space Administration shall conduct a study to identify technologies for
noise reduction of propeller driven aircraft and rotorcraft.
``(b) Goal.--The goal of the study conducted under subsection (a)
is to determine the status of research and development now underway in
the area of quiet technology for propeller driven aircraft and
rotorcraft, including technology that is cost beneficial, and to
determine whether a research program to supplement existing research
activities is necessary.
``(c) Participation.--In conducting the study required under
subsection (a), the Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics and
Space Administration shall encourage the participation of the
Department of Defense, the Department of the Interior, the airtour
industry, the aviation industry, academia and other appropriate groups.
``(d) Report.--Not less than 280 days after the date of the
enactment of this section, the Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics and
Space Administration shall transmit to Congress a report on the results
of the study required under subsection (a).
``(e) Research and Development Program.--If the Administrator of
the Federal Aviation Administration and the Administrator of the
National Aeronautics and Space Administration determine that additional
research and development is necessary and would substantially
contribute to the development of quiet aircraft technology, then the
agencies shall conduct an appropriate research program in consultation
with the entities listed in subsection (c) to develop safe, effective,
and economical noise reduction technology (including technology that
can be applied to existing propeller driven aircraft and rotorcraft)
that would result in aircraft that operate at substantially reduced
levels of noise to reduce the impact of such aircraft and rotorcraft on
the resources of national parks and other areas.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
47508 the following new item:
``47509. Research program on quiet aircraft technology for propeller and
rotor driven aircraft.''.
AUTHORITY

923f2d41068fc2859de27db346e1baf400adb72e4d4832a872c6e08fa3f228b5

Paragraph (1) of section 9502(d) of the Internal Revenue Code of
1986 (relating to expenditures from Airport and Airway Trust Fund) is
amended--
(1) by striking ``October 1, 1995'' and inserting ``October 1,
1996'';
(2) by inserting ``or the Airport and Airway Safety, Capacity,
Noise Improvement, and Intermodal Transportation Act of 1992''
after ``Capacity Expansion Act of 1990'' in subparagraph (A);
(3) by striking ``(as such Acts were in effect on the date of
the enactment of the Airport Improvement Program Temporary
Extension Act of 1994)'' in subparagraph (A) and inserting ``or the
Federal Aviation Administration Authorization Act of 1994''; and
(4) by adding at the end the following new flush sentence:
``Any reference in subparagraph (A) to an Act shall be treated as a
reference to such Act and the corresponding provisions (if any) of
title 49, United States Code, as such Act and provisions were in
effect on the date of the enactment of the last Act referred to in
subparagraph (A).''.

43a4c269b8adb285f31ffbe036b43f88b6d6d3252fbc2df6a16ece50b3bd0662

TITLE IV

-EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE

Not later than 180 days after the date of the enactment of this
Act, the Secretary shall complete a rulemaking proceeding and issue a
final decision on whether there should be a reduction in the annualized
rate now required by the Secretary of random testing for prohibited
drugs for personnel engaged in aviation activities.

82ece8078c189d0fd8c969f25b5140597358cc66c8833512f74c21ed59d90e95

Section 44938(a) is amended by striking ``December 31'' and
inserting ``March 31''.

a090f54a5d5ad006363bdbcc2e722c123eebfc45447a3941230866b812569656

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

1464732e087f8dc229aaa1ec2010cceb0067b5e3e58139c697d9724b29bb0612

Notwithstanding any other provision of law or regulation, the
Administrator shall consider for approval under part 171 of title 14,
Code of Federal Regulations, the new generation, low cost, advanced
landing system being developed by the Department of Defense. The
charter for approval of such system shall be considered and acted upon
expeditiously by the Federal Aviation Administration in the region
where such system is being developed.

2aaaf128440193410dffe6c8483abd2834f7b2635ecfdb08a3dbf59685ca2c0c

VACANT AIR FORCE STATION, MARIN COUNTY, CALIFORNIA.
(a) Authorization of Appropriations.--There is authorized to be
appropriated in fiscal year 1995 to the account for the Department of
Transportation for facilities and equipment of the Federal Aviation
Administration such amount as may be necessary to permit the
Administrator to carry out asbestos abatement activities and the
demolition and removal of buildings at the site of the vacant Air Force
station located on Mount Tamalpais, Marin County, California. The
amount authorized to be appropriated by the preceding sentence shall
not exceed the Federal Aviation Administration's share of the costs of
carrying out such activities, demolitions, and removals.
(b) Authority To Use Funds.--The Administrator may use the funds
appropriated pursuant to the authorization of appropriations in
subsection (a) to carry out the abatement activities and demolition and
removal described in that subsection. Such funds shall be available for
such purpose until expended.

6b43a78f4730ef25362f7163e4a91b3b5820f24c778b4b7feff62487b4813046

Notwithstanding section 47108 of title 49, United States Code, the
Secretary may approve an upward adjustment not to exceed $750,000 in
the maximum obligation of the United States under an airport
improvement program grant made under subchapter I of chapter 471 of
subtitle VII of such title to a reliever airport after September 1,
1989, and before October 1, 1989, in order to assist in funding
increased land acquisition costs (as determined in judicial
proceedings) and associated eligible project costs.

c88c9828ec06c059becf5484bbd74fbd9bc38180f928d7fca26d142659362b66

(a) Availability of Information.--In the interest of protecting the
health of air travelers, the Secretary shall publish a list of the
countries (as determined by the Secretary) that require disinsection of
aircraft landing in such countries while passengers and crew are on
board such aircraft.
(b) Revision.--The Secretary shall revise the list required under
subsection (a) on a periodic basis.
(c) Publication.--The Secretary shall publish the list required
under subsection (a) not later than 30 days after the date of the
enactment of this Act. The Secretary shall publish a revision to the
list not later than 30 days after completing the revision under
subsection (b).

01318845b48852db9bd5e6efff2f4201e215befe3e1baf91377a5d60ea46d465

The Secretary shall take appropriate action to assist communities
where the Secretary deems such assistance appropriate in obtaining the
installation of a Level I Contract Tower for those communities.

e49ff134a3276277e875dd30fbc9c53acc15e4624d0cb00b71f39b8bc1a92a7b

(a) In General.--The Administrator may not publish, nor contract
with any other organization for the publication of, the magazine known
as the ``Aviation Safety Journal''.
(b) Cancellation of Existing Contracts.--Not later than 30 days
after the date of the enactment of this Act, the Administrator shall
cancel any existing contract for publication of the Aviation Safety
Journal.

9b0c453c693dba8592b600b087118fd4c192275b5cf62dc1c8bdf719d012e942

(a) Authority To Grant Waivers.--Notwithstanding section 16 of the
Federal Airport Act (as in effect on the date of transfer of Selman
Field, Louisiana, from the United States to the city of Monroe,
Louisiana), the Secretary is authorized, subject to the provisions of
section 47153 of title 49, United States Code, and the provisions of
subsection (b) of this section, to waive any term contained in the 1949
deed of conveyance, or any other deed of conveyance occurring
subsequent to that initial transference and before the date of
enactment of this Act, under which the United States conveyed certain
property then constituting Selman Field, Louisiana, to the city of
Monroe, Louisiana, for airport purposes.
(b) Conditions.--Any waiver granted under subsection (a) shall be
subject to the following conditions:
(1) The city of Monroe, Louisiana, shall agree that, in
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).
(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.

4ede797ca26f94a9db97794e4703c9f81c7d477aa6d36d0a612c4296dc9f8d74

(a) Authority To Grant Waivers.--Notwithstanding section 16 of the
Federal Airport Act (as in effect on December 12, 1963), the Secretary
is authorized, subject to the provisions of section 47153 of title 49,
United States Code, and the provisions of subsection (b) of this
section, to waive any of the terms contained in the deed of conveyance
dated December 12, 1963, under which the United States conveyed certain
property to the city of Soldotna, Alaska, for airport purposes.
(b) Conditions.--Any waiver granted under subsection (a) shall be
subject to the following conditions:
(1) The city of Soldotna, Alaska, shall agree that, in
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).
(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.

6d39f3fc9b4a65d079b9a130098dd6fd71e10fd715cd170311899388a8f8b169

(a) Authority To Grant Waivers.--Notwithstanding any other
provision of law, the Secretary is authorized, subject to section 47153
of title 49, United States Code, and subsection (b) of this section, to
waive with respect to such parcels of land, or portions of such
parcels, as the Administrator determines are no longer required for
airport purposes, from any term contained in the deed of conveyance
dated July 13, 1948, under which the United States conveyed such
property to the Union County Air Board, State of Kentucky, for airport
purposes of the Sturgis Municipal Airport.
(b) Conditions.--Any waiver granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The Union County Air Board shall agree that, in leasing or
conveying any interest in the property with respect to which
waivers are granted under subsection (a), such Board will receive
an amount that is equal to the fair lease value or the fair market
value, as the case may be (as determined pursuant to regulations
issued by the Secretary).
(2) Such Board shall use any amount so received only for the
development, improvement, operation, or maintenance of the Sturgis
Municipal Airport.
(3) Any other conditions that the Secretary considers necessary
to protect or advance the interests of the United States in civil
aviation.

95891323e156a4feda70ec6bdd0ea143c1bca070b4e5aa378ebce9ff9f3188e6

(a) Authority To Grant Waivers.--Notwithstanding section 16 of the
Federal Airport Act (as in effect on December 30, 1957), the Secretary
is authorized, subject to the provisions of section 47153 of title 49,
United States Code, and the provisions of subsection (b) of this
section, to waive any of the terms contained in the deed of conveyance
dated December 30, 1957, or any other deed of conveyance dated after
such date and before the date of enactment of this Act, under which the
United States conveyed certain property to the city of Rolla, Missouri,
for airport purposes.
(b) Conditions.--Any waiver 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).
(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.

2dc842f576bbc339699353eb29e7b7bd8b52102772fa20ea35e95067749a12e5

(a) Authority To Grant Waivers.--Notwithstanding section 47153 of
title 49, United States Code, and subject to the provisions of
subsection (b), the Secretary shall grant waivers from all of the terms
contained in the deed of conveyance dated September 15, 1949, under
which the United States conveyed certain property to Palm Springs,
California, for airport purposes. The waivers shall apply only to
approximately 11 acres of lot 16 of section 13, and approximately 39.07
acres of lots 19 and 20 of section 19, used by the city of Palm
Springs, California, for general governmental purposes.
(b) Conditions.--Any waiver granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The Secretary shall waive 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 law.

acdef8e6a2a4207588c1a715084b1a06c2e45469959f1908055bf853fbf96e14

SERVICES.
(a) Transfer of Site in Lake Minchumina, Alaska.--The Administrator
shall convey to the Iditarod Area School District the Federal Aviation
Administration building number 106 and a reasonable amount of land to
make use of the property, at Lake Minchumina, Alaska, for the purpose
of providing educational facilities, under the terms set forth in
Agreement No. DTFA04-93-J-82007, between the Federal Aviation
Administration and the Iditarod Area School District, and such other
terms as are mutually agreed on between the Administrator and the
Iditarod Area School District.
(b) Transfer of Site in Fort Yukon, Alaska.--The Administrator
shall convey to the city of Fort Yukon, Alaska, the buildings of the
Federal Aviation Administration and land in Fort Yukon, Alaska
(described as that portion of Lot 4, U.S. Survey 7161, within section
8, T.20 N., R.12E., Fairbanks Meridian consisting of 7.14 acres, and
containing the health clinic and staff housing for the aforementioned
clinic) for the purpose of providing health services, under terms that
are mutually agreed on between the Administrator and the city of Fort
Yukon.
(c) Weather Observation Services.--Not later than 90 days after the
date of the enactment of this Act, the Administrator shall designate
airports, as described in this section, and provide human observers at
such airports to offer real time weather information to pilots by
direct radio contact. Airports to be designated shall be located in a
State that averaged, during the period 1989-1993, 3 or more accidents
per year involving serious or fatal injury to crew or passengers on
regularly scheduled flights operating single-engine aircraft under
visual flight rules, and shall be designated as follows:
(1) Not to exceed 5 airports where terrain and conditions do
not lend themselves to IFR operations supported solely by automated
weather observing systems.
(2) Not to exceed 1 airport where an automated surface
observing system is scheduled to be accepted on September 1, 1994,
with such weather services to be provided until such time as the
Administrator determines that the automated surface observing
system is fully operational.
(3) Not to exceed 8 airports (where such weather observation
services shall be on a cost-reimbursable basis) that are minor hub
stations or strategic visual flight rules alternate airports at
times when an observer is needed to supplement the automated
weather observing system or immediately replace it in the event of
failure.

248a463113ca9b7b3310d474c1f07dbc2d72b90c662f067a0a1cd2bd442962ee

Compensation received by the United States for transfer of the San
Jacinto Disposal Area by the United States to the city of Galveston,
Texas, shall include compensation to be provided to the Federal
Aviation Administration for all costs of establishing airway facilities
to replace existing airway facilities on the San Jacinto Disposal Area.
Such compensation shall include but is not limited to compensation for
the replacement of the land, clear zones, buildings and equipment, and
demolition and disposal of the existing facilities on the San Jacinto
Disposal Area.

4666725489179dae7689a149aba87d6a572be300f840eb7230372b0a3a0c0de6

(a) Nighttime Operations.--On and after November 1, 1994, nighttime
operations (takeoffs and landings) at Aspen-Pitkin County Airport in
the State of Colorado shall be allowed for a pilot operating under
instrumentflight rules or visual flight rules under parts 91 and 135 of
title 14, Code of Federal Regulations, between 30 minutes after
official sunset and 11 p.m., local time, as follows:
(1) A pilot may operate under instrument flight rules between
30 minutes after official sunset and 11 p.m., local time (or such
other operating hours as are established uniformly for all classes
of operators), only if the pilot--
(A) is granted clearance by air traffic control;
(B) is instrument-rated;
(C) is operating an aircraft that is equipped as required
under section 91.205(d) of such title 14 for instrument flight;
and
(D) is operating an instrument approach or de-parture
procedure approved by the Federal Aviation Administration.
(2) A pilot may operate under visual flight rules between 30
minutes after official sunset and 11:00 p.m., local time (or such
other operating hours as are established uniformly for all classes
of operators), only if the pilot--
(A) is instrument-rated;
(B) has completed at least one takeoff or landing in the
preceding 12 calendar months at such airport; and
(C) operates an aircraft equipped as required under section
91.205(d) of such title 14 for instrument flight.
(b) Commitments of Airport Owner or Operator.--The owner or
operator of the Aspen-Pitkin County Airport shall be considered to be
in compliance with the requirements of subchapter II of chapter 475 of
title 49, United States Code, and not otherwise unjustly discriminatory
when such owner or operator notifies the Administrator that such owner
or operator--
(1) commits to modify its existing regulation to expand access
to general aviation operations under such special operating
restrictions as are created under subsection (a) and such
conditions applicable to aircraft noise certification as are
currently in effect for night operations at such airport; and
(2) commits permanently not to enforce its 1990 regulatory
action eliminating the so-called ``ski season exception'' to its
nighttime curfew.
To remain in compliance, such owner or operator shall carry out both
such commitments on or before November 1, 1994.
(c) Mountain Flying.--The Administrator shall issue a notice of
proposed rulemaking on mountain flying.

3c0295c13360d8ea904ca389075aeffaa023b3c11139159aa5fe39af7841b3a1

(a) Study.--The Secretary and the Secretary of Labor shall
undertake a study of whether employees of airports operated by the
Metropolitan Washington Airports Authority (hereinafter in this section
referred to as the ``Airports Authority'') should be given the right to
bargain collectively. The study shall consider whether the benefits of
collective bargaining for employees of the Airports Authority outweighs
the burdens of collective bargaining.
(b) Matters To Be Considered.--In conducting the study under
subsection (a), the Secretary and the Secretary of Labor shall
investigate the following matters and reach conclusions as to the
relevance of such matters to the question of whether employees of
airports operated by the Airports Authority should be given collective
bargaining rights:
(1) The employment status of employees of the Airports
Authority.
(2) The wages and working conditions of firefighters and other
employees at the airports operated by the Airports Authority and
other airports.
(3) The collective bargaining rights of employees at the
airports operated by the Airports Authority and other airports.
(4) Whether other airports are governed by Federal labor laws.
(5) The existing rights of employees of the Airports Authority
to collective representation regarding the terms and conditions of
employment.
(6) Any other factors that the Secretary and the Secretary of
Labor consider relevant to the study.
In conducting such study, the Secretary and the Secretary of Labor
shall also consider procedures for impass resolution of collective
bargaining disputes that will avoid the disruption of essential public
services at the Airports Authority.
(c) Report.--Not later than March 1, 1995, the Secretary and the
Secretary of Labor shall transmit to Congress a report containing the
results of the study to be conducted under subsection (a). If the study
concludes that employees of the airports operated by the Airports
Authority should be afforded collective bar-P gaining rights, the
report shall also include specific legislative recommendations.

f9ecdca2080ee7e2492a0da5c72be37925837b99cf225187b0f6ce22e69474ab

The Secretary 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 and multilateral negotiations
and informal government-to-government consultations with United States
aviation trade partners.

e1c267dcec91ca4d731a87779ffb2641456a669152902113fbfa9d398d8182eb

(a) Study.--The Secretary shall conduct a study on innovative
approaches for using Federal funds to finance airport development as a
means of supplementing financing available under the Airport
Improvement Program.
(b) Matters To Be Considered.--In conducting the study under
subsection (a), the Secretary shall consider, at a minimum, the
following:
(1) Mechanisms that will produce greater investments in airport
development per dollar of Federal expenditure.
(2) Approaches that would permit entering into agreements with
non-Federal entities, such as airport sponsors, for the loan of
Federal funds, guarantee of loan repayment, or purchase of
insurance or other forms of enhancement for borrower debt,
including the use of unobligated Airport Improvement Program
contract authority and unobligated balances in the Airport and
Airway Trust Fund.
(3) Means to lower the cost of financing airport development.
(c) Consultation.--In considering innovative financing pursuant to
this section, the Secretary may consult with airport owners and
operators and public and private sector experts.
(d) Report to Congress.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study conducted under subsection (a).

5ab7c7f834eb58903f676d721b41d55686fa390b1135f93d8f7b7e33d5928a03

(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary, in cooperation with the National
Transportation Safety Board, the National Guard, and the Juneau
International Airport, shall undertake a study of the safety of the
approaches to the Juneau International Airport.
(b) Matters To Be Considered.--In conducting the study under
subsection (a), the Secretary shall examine--
(1) the crash of Alaska Airlines Flight 1866 on September 4,
1971;
(2) the crash of a Lear Jet on October 22, 1985;
(3) the crash of an Alaska Army National Guard aircraft on
November 12, 1992;
(4) the adequacy of NAVAIDs in the vicinity of the Juneau
International Airport;
(5) the possibility of inaccurate data from Sisters Island DVOR
and the possibility of confusion between Elephant Island Non-
Directional Beacon and Coghlan Island Non-Directional Beacon;
(6) the need for a singular Approach Surveillance Radar site on
top of Heintzleman Ridge;
(7) the need for a Terminal Very High Frequency Omni-
Directional Range (Terminal VOR) navigational aid in Gastineau
Channel; and
(8) any other matter that a participant in the study specified
in subsection (a) considers appropriate to the safety of aircraft
approaching or leaving the Juneau International Airport.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit 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--
(1) details the matters considered by the study conducted under
subsection (a);
(2) summarizes any conclusions reached by the participants in
the study;
(3) proposes specific recommendations to improve or enhance the
safety of aircraft approaching or leaving the Juneau International
Airport or contains a detailed explanation of why no
recommendations are being proposed;
(4) estimates the cost of any proposed recommendations;
(5) includes any other matters the Secretary deems appropriate;
and
(6) includes any minority views if a consensus is not reached
among the participants in the study specified in subsection (a).

fa885ecbfce495e5f568dc555700a382ac66663c1d91d6a9ad4b259ed6dded65

(a) Study.--The Secretary shall conduct a study on the
availability, effectiveness, cost, and usefulness of restraint systems
that may offer protection to a child carried in the lap of an adult
aboard an air carrier aircraft or provide for the attachment of a child
restraint device to the aircraft.
(b) Study Criteria.--Among other issues, the study shall examine
the impact of the following:
(1) The direct cost to families of requiring air carriers to
provide restraint systems and requiring infants to use them,
including whether airlines will charge a fare for use of seats
containing infant restraining systems; such estimate to cover a
ten-year period.
(2) The impact on air carrier aircraft passenger volume by
requiring use of infant restraint systems, including whether
families will choose to travel to destinations by other means,
including automobiles; such estimate to cover a ten-year period.
(3) The impact over a 10-year period on fatality rates of
infants using other modes of transportation, including automobiles.
(4) The efficacy of infant restraint systems currently marketed
as able to be used for air carrier aircraft.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of Representatives a
report on the results of the study conducted under subsection (a).

545da2df6904bb618d1d680bbf205940c963eae9437b224c804faf4ecf4cc0b7

It is the sense of the Senate that the Inspector General of the
Department of Transportation in carrying out the duties and
responsibilities of the Inspector General Act of 1978 has oversight
responsibilities and may conduct and supervise audits and
investigations relating to any funds appropriated by the Congress and
made available for any programs or operations at Washington National
Airport and Washington Dulles International Airport, and that the
Inspector General shall--
(1) provide leadership and coordination and recommend policies
for activities designed to promote the economy, efficiency, and
effectiveness of such programs and operations;
(2) act to prevent and detect fraud and abuse in such programs
and operations; and
(3) inform the Secretary and the Congress about problems and
deficiencies relating to the administration of such programs and
operations.

916a86eb8d9605cba42e038b3b1cce4eca80f9475188c6989b9b23774f2df842

AT THE CHEYENNE, WYOMING, AIRPORT.
It is the sense of the Senate that the Secretary should--
(1) take such action as may be necessary to revise the cost and
benefit analysis process of the Department of Transportation to
fully take projected military enplanement and cost savings figures
into consideration with regard to radar installations at joint-use
civilian and military airports;
(2) require the Administrator to reevaluate the aircraft radar
needs at the Cheyenne, Wyoming, airport and enter into an immediate
dialogue with officials of the Wyoming Air Guard, F.E. Warren Air
Force Base, and Cheyenne area leaders in the phase II radar
installation reevaluation of the Administration and adjust cost and
benefit determinations based to some appropriate degree on already
provided military figures and concerns and other enplanement
projections in the region; and
(3) report to Congress not later than 60 days after the date of
the enactment of this Act on the results of the reevaluation of the
aircraft radar needs of the Cheyenne, Wyoming, airport and of
Southeast Wyoming, and explain how military figures and concerns
will be appropriately solicited in future radar decisions involving
joint-use airport facilities.

7c34b102d5a8d81876ce0faf95c0aa9f5ff0c96f0ff97ef51ce2b3806cebc7bd

(a) Findings.--(1) President Clinton stated in November 1993 that
it is the official policy of the United States that North Korea cannot
be allowed to become a nuclear power.
(2) The United States seeks to persuade North Korea, through
negotiations, the imposition of sanctions, or other means, to act in
accordance with its freely undertaken obligations under the Treaty on
the Non-Proliferation of Nuclear Weapons and to abandon its efforts to
develop nuclear weapons.
(3) North Korea has repeatedly threatened to withdraw from the
Treaty on the Non-Proliferation of Nuclear Weapons, has resisted
efforts of the International Atomic Energy Agency to conduct effective
inspections of its nuclear program, and has stated that it would
consider the imposition of economic sanctions as an act of war and has
threatened retaliatory action.
(4) The North Korean Government has constructed and has operated a
reprocessing facility at Yongbyon solely designed to convert spent
nuclear fuel into plutonium with which to make nuclear weapons.
Further, the existence of this facility and the development of these
weapons gravely threaten security in the region and increases the
likelihood of worldwide nuclear terrorism.
(5) The Secretary of Defense stated that the United States must act
on the assumption that there will be some increase in the risk of war
if sanctions are imposed on North Korea.
(6) It is incumbent on the United States to take all necessary and
prudent action to act together with the Republic of Korea to ensure the
preparedness of United States and Republic of Korea forces to repel as
quickly as possible any attack from NorthP Korea and to protect the
safety and security of United States and Republic of Korea forces, as
well as the safety and security of the civilian population of the
peninsula.
(b) Sense of the Senate.--It is the sense of the Senate that the
United States should immediately take all necessary and prudent actions
to enhance the preparedness and safety of United States forces and urge
and assist the Republic of Korea to do likewise in order to deter and,
if necessary, repel an attack from North Korea.

27af455f3fff8674601e53d64e7fa8b67450a09bce87638ef90cf220901a8969

ACT OF 1964.
(a) Findings.--The Senate finds that--
(1) the liberties protected by our Constitution include
religious liberty protected by the first amendment;
(2) citizens of the United States profess the beliefs of almost
every conceivable religion;
(3) Congress has historically protected religious expression
even from governmental action not intended to be hostile to
religion;
(4) the Supreme Court has written that ``the free exercise of
religion means, first and foremost, the right to believe and
profess whatever religious doctrine one desires'';
(5) the Supreme Court has firmly settled that under our
Constitution the public expression of ideas may not be prohibited
merely because the content of the ideas is offensive to some;
(6) Congress enacted the Religious Freedom Restoration Act of
1993 to restate and make clear again our intent and position that
religious liberty is and should forever be granted protection from
unwarranted and unjustified government intrusions and burdens;
(7) the Equal Employment Opportunity Commission has written
proposed guidelines to title VII of the Civil Rights Act of 1964,
published in the Federal Register on October 1, 1993, that may
result in the infringement of religious liberty;
(8) such guidelines do not appropriately resolve issues related
to religious liberty and religious expression in the workplace;
(9) properly drawn guidelines for the determination of
religious harassment should provide appropriate guidance to
employers and employees and assist in the continued preservation of
religious liberty as guaranteed by the first amendment;
(10) the Commission states in its proposed guidelines that it
retains wholly separate guidelines for the determination of sexual
harassment because the Commission believes that sexual harassment
raises issues about human interaction that are to some extent
unique in comparison to other harassment and may warrant separate
treatment; and
(11) the subject of religious harassment also raises issues
about human interaction that are to some extent unique in
comparison to other harassment.
(b) It is the sense of the Senate that, for purposes of issuing
final regulations under title VII of the Civil Rights Act of 1964 in
connection with the proposed guidelines published by the Equal
Employment Opportunity Commission on October 1, 1993 (58 Fed. Reg.
51266)--
(1) the category of religion should be withdrawn from the
proposed guidelines at this time;
(2) any new guidelines for the determination of religious
harassment should be drafted so as to make explicitly clear that
symbols or expressions of religious belief consistent with the
first amendment and the Religious Freedom Restoration Act of 1993
are not to be restricted and do not constitute proof of harassment;
(3) the Commission should hold public hearings on such new
proposed guidelines; and
(4) the Commission should receive additional public comment
before issuing similar new regulations.

784aed30a8fe69b5a167f32fdc0f083366da99230e43f9c33c94b37cf0936f3b

(a) Findings.--Congress finds and declares that--
(1) the regulation of intrastate transportation of property by
the States has--
(A) imposed an unreasonable burden on interstate commerce;
(B) impeded the free flow of trade, traffic, and
transportation of interstate commerce; and
(C) placed an unreasonable cost on the American consumers;
and
(2) certain aspects of the State regulatory process should be
preempted.
(b) Transportation by Air Carrier or Carrier Affiliated With a
Direct Air Carrier.--
(1) In general.--Section 41713(b) is amended by adding at the
end the following new paragraph:
``(4) Transportation by air carrier or carrier affiliated with
a direct air carrier.--
``(A) General rule.--Except as provided in subparagraph
(B), a State, political subdivision of a State, or political
authority of 2 or more States may not enact or enforce a law,
regulation, or other provision having the force and effect of
law related to a price, route, or service of an air carrier or
carrier affiliated with a direct air carrier through common
controlling ownership when such carrier is transporting
property by aircraft or by motor vehicle (whether or not such
property has had or will have a prior or subsequent air
movement).
``(B) Matters not covered.--Subparagraph (A)--
``(i) shall not restrict the safety regulatory
authority of a State with respect to motor vehicles, the
authority of a State to impose highway route controls or
limitations based on the size or weight of the motor
vehicle or the hazardous nature of the cargo, or the
authority of a State to regulate motor carriers with regard
to minimum amounts of financial responsibility relating to
insurance requirements and self-insurance authorization;
and
``(ii) does not apply to the transportation of
household goods, as defined in section 10102 of this title.
``(C) Applicability of paragraph (1).--This paragraph shall
not limit the applicability of paragraph (1).''.
(2) Conforming amendments.--
(A) Section 41713.--Section 41713(b)(2) is amended by
striking ``Paragraph (1) of this subsection does'' and
inserting ``Paragraphs (1) and (4) of this subsection do''.
(B) Section 40102.--Section 40102(a)(35) is amended by
striking ``for air transportation''.
(C) Section 10521.--Section 10521(b)(1) is amended by
striking ``and 11501(e)'' and inserting ``11501(e), and
11501(h)''.
(c) Transportation by Motor Carrier.--Section 11501 is amended by
adding at the end the following new subsection:
``(h) Preemption of State Economic Regulation of Motor Carriers.--
``(1) General rule.--Except as provided in paragraphs (2) and
(3), a State, political subdivision of a State, or political
authority of 2 or more States may not enact or enforce a law,
regulation, or other provision having the force and effect of law
related to a price, route, or service of any motor carrier (other
than a carrier affiliated with a direct air carrier covered by
section 41713(b)(4) of this title) or any motor private carrier
with respect to the transportation of property.
``(2) Matters not covered.--Paragraph (1)--
``(A) shall not restrict the safety regulatory authority of
a State with respect to motor vehicles, the authority of a
State to impose highway route controls or limitations based on
the size or weight of the motor vehicle or the hazardous nature
of the cargo, or the authority of a State to regulate motor
carriers with regard to minimum amounts of financial
responsibility relating to insurance requirements and self-
insurance authorization; and
``(B) does not apply to the transportation of household
goods.
``(3) State standard transportation practices.--
``(A) Continuation.--Paragraph (1) shall not affect any
authority of a State, political subdivision of a State, or
political authority of 2 or more States to enact or enforce a
law, regulation, or other provision, with respect to the
intrastate transportation of property by motor carriers,
related to--
``(i) uniform cargo liability rules,
``(ii) uniform bills of lading or receipts for property
being transported,
``(iii) uniform cargo credit rules, or
``(iv) antitrust immunity for joint line rates or
routes, classifications and mileage guides,
if such law, regulation, or provision meets the requirements of
subparagraph (B).
``(B) Requirements.--A law, regulation, or provision of a
State, political subdivision, or political authority meets the
requirements of this subparagraph if--
``(i) the law, regulation, or provision covers the same
subject matter as, and compliance with such law,
regulation, or provision is no more burdensome than
compliance with, a provision of this subtitle or a
regulation issued by the Interstate Commerce Commission or
the Secretary of Transportation under this subtitle; and
``(ii) the law, regulation, or provision only applies
to a carrier upon request of such carrier.
``(C) Election.--Notwithstanding any other provision of
law, a carrier affiliated with a direct air carrier through
common controlling ownership may elect to be subject to a law,
regulation, or provision of a State, political subdivision, or
political authority under this paragraph.''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on January 1, 1995; except that with respect
to the State of Hawaii the amendment made by subsection (c) shall take
effect on the last day of the 3-year period beginning on the date of
the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

d00889a7046212d749fd6b43f5d7cca48dd7a8f8e7c73df4b6007d85dd86af14

Federal Aviation Administration Authorization Act of 1994

Other Sections