[Congressional Bills 103th Congress]
[From the U.S. Government Publishing 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Aviation 
Administration Authorization Act of 1994''.
    (b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Amendment of title 49, United States Code.

                 TITLE I--AIRPORT AND AIRWAY IMPROVEMENT

Sec. 101. Airport improvement program.
Sec. 102. Airway improvement program.
Sec. 103. Operations of FAA.
Sec. 104. Innovative technology policy.
Sec. 105. Inclusion of explosive detection devices and universal access 
          systems.
Sec. 106. Submission and approval of project grant applications.
Sec. 107. Preventive maintenance.
Sec. 108. Repeal of general aviation airport project grant application 
          approval.
Sec. 109. Reports on impacts of new airport projects.
Sec. 110. Airport fees policy.
Sec. 111. Airport financial reports.
Sec. 112. Additional enforcement against illegal diversion of airport 
          revenue.
Sec. 113. Resolution of airport-air carrier disputes concerning airport 
          fees.
Sec. 114. Terminal development.
Sec. 115. Letters of intent.
Sec. 116. Military airport program.
Sec. 117. Terminal development costs.
Sec. 118. Airport safety data collection.
Sec. 119. Soundproofing and acquisition of certain residential buildings 
          and properties.
Sec. 120. Landing aids and navigational equipment inventory pool.
Sec. 121. Review of passenger facility charge program.

                    TITLE II--OTHER AVIATION PROGRAMS

Sec. 201. Term of office of FAA Administrator.
Sec. 202. Assistance to foreign aviation authorities.
Sec. 203. Use of passenger facility charges to meet Federal mandates.
Sec. 204. Passenger facility charges.
Sec. 205. Gambling on commercial aircraft.
Sec. 206. Slots for air carriers at airports.
Sec. 207. Air service termination notice.
Sec. 208. State taxation of air carrier employees.
Sec. 209. Foreign fee collection.

            TITLE III--RESEARCH, ENGINEERING, AND DEVELOPMENT

Sec. 301. Short title.
Sec. 302. Aviation research authorization of appropriations.
Sec. 303. Joint aviation research and development program.
Sec. 304. Aircraft cabin air quality research program.
Sec. 305. Use of domestic products.
Sec. 306. Purchase of American made equipment and products.
Sec. 307. Cooperative agreements for research, engineering, and 
          development.
Sec. 308. Research program on quiet aircraft technology.

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

Sec. 401. Expenditures from Airport and Airway Trust Fund.

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Rulemaking on random testing for prohibited drugs.
Sec. 502. Transportation security report.
Sec. 503. Repeal of annual report requirement.
Sec. 504. Advanced landing system.
Sec. 505. Asbestos removal and building demolition and removal, vacant 
          air force station, Marin County, California.
Sec. 506. Land acquisition costs.
Sec. 507. Information on disinsection of aircraft.
Sec. 508. Contract tower assistance.
Sec. 509. Discontinuation of aviation safety journal.
Sec. 510. Monroe airport improvement.
Sec. 511. Soldotna airport improvement.
Sec. 512. Sturgis, Kentucky.
Sec. 513. Rolla airport improvement.
Sec. 514. Palm Springs, California.
Sec. 515. Real estate transfers in Alaska and weather observation 
          services.
Sec. 516. Relocation of airway facilities.
Sec. 517. Safety at Aspen-Pitkin County Airport.
Sec. 518. Collective bargaining at Washington airports.
Sec. 519. Report on certain bilateral negotiations.
Sec. 520. Study on innovative financing.
Sec. 521. Safety of Juneau International Airport.
Sec. 522. Study on child restraint systems.
Sec. 523. Sense of Senate relating to DOT Inspector General.
Sec. 524. Sense of Senate on issuance of report on usage of radar at the 
          Cheyenne, Wyoming, airport.
Sec. 525. North Korea.
Sec. 526. Sense of Senate on final regulations under Civil Rights Act of 
          1964.

             TITLE VI--INTRASTATE TRANSPORTATION OF PROPERTY

Sec. 601. Preemption of intrastate transportation of property.

SEC. 2. DEFINITIONS.

    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.

SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    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.

                TITLE I--AIRPORT AND AIRWAY IMPROVEMENT

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (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''.

SEC. 102. AIRWAY IMPROVEMENT PROGRAM.

    (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''.

SEC. 103. OPERATIONS OF FAA.

    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''.

SEC. 104. INNOVATIVE TECHNOLOGY POLICY.

    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;''.
    SEC. 105. INCLUSION OF EXPLOSIVE DETECTION DEVICES AND UNIVERSAL 
      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,''.
    SEC. 106. SUBMISSION AND APPROVAL OF PROJECT GRANT APPLICATIONS.
    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''.

SEC. 107. PREVENTIVE MAINTENANCE.

    (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.
    SEC. 108. REPEAL OF GENERAL AVIATION AIRPORT PROJECT GRANT 
      APPLICATION APPROVAL.
    Section 47106 is amended--
        (1) by striking subsection (d); and
        (2) by redesignating subsection (e) as subsection (d).
    SEC. 109. REPORTS ON IMPACTS OF NEW AIRPORT PROJECTS.
    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.''.

SEC. 110. AIRPORT FEES POLICY.

    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.''.

SEC. 111. AIRPORT FINANCIAL REPORTS.

    (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.''.
    SEC. 112. ADDITIONAL ENFORCEMENT AGAINST ILLEGAL DIVERSION OF 
      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.''.
    SEC. 113. RESOLUTION OF AIRPORT-AIR CARRIER DISPUTES CONCERNING 
      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.''.

SEC. 114. TERMINAL DEVELOPMENT.

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

SEC. 115. LETTERS OF INTENT.

    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.''.

SEC. 116. MILITARY AIRPORT PROGRAM.

    (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''.

SEC. 117. TERMINAL DEVELOPMENT COSTS.

    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.''.

SEC. 118. AIRPORT SAFETY DATA COLLECTION.

    (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.''.
    SEC. 119. SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDENTIAL 
      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''.
    SEC. 120. LANDING AIDS AND NAVIGATIONAL EQUIPMENT INVENTORY POOL.
    (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.
    SEC. 121. REVIEW OF PASSENGER FACILITY CHARGE PROGRAM.
    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.

                   TITLE II--OTHER AVIATION PROGRAMS

SEC. 201. TERM OF OFFICE OF FAA ADMINISTRATOR.

    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.''.
    SEC. 202. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
    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.''.
    SEC. 203. USE OF PASSENGER FACILITY CHARGES TO MEET FEDERAL 
      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.''.

SEC. 204. PASSENGER FACILITY CHARGES.

    (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.''.

SEC. 205. GAMBLING ON COMMERCIAL AIRCRAFT.

    (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.

SEC. 206. SLOTS FOR AIR CARRIERS AT AIRPORTS.

    (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.''.

SEC. 207. AIR SERVICE TERMINATION NOTICE.

    (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.

SEC. 208. STATE TAXATION OF AIR CARRIER EMPLOYEES.

    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.''.

SEC. 209. FOREIGN FEE COLLECTION.

    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).''.

           TITLE III--RESEARCH, ENGINEERING, AND DEVELOPMENT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Federal Aviation Administration 
Research, Engineering, and Development Authorization Act of 1994''.
    SEC. 302. AVIATION RESEARCH AUTHORIZATION OF APPROPRIATIONS.
    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.''.
    SEC. 303. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM.
    (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.
    SEC. 304. AIRCRAFT CABIN AIR QUALITY RESEARCH PROGRAM.
    (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.

SEC. 305. USE OF DOMESTIC PRODUCTS.

    (a) Prohibition Against Fraudulent Use of ``Made in America'' 
Labels.--(1) A person shall not intentionally affix a label bearing the 
inscription of ``Made in America'', or any inscription with that 
meaning, to any product sold in or shipped to the United States, if 
that product is not a domestic product.
    (2) A person who violates paragraph (1) shall not be eligible for 
any contract for a procurement carried out with amounts authorized 
under this 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.
    SEC. 306. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.
    (a) Sense of Congress.--It is the sense of Congress that any 
recipient of a grant under this 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.
    SEC. 307. COOPERATIVE AGREEMENTS FOR RESEARCH, ENGINEERING, AND 
      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.''.
    SEC. 308. RESEARCH PROGRAM ON QUIET AIRCRAFT TECHNOLOGY.
    (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.''.

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

    SEC. 401. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
    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).''.

                   TITLE V--MISCELLANEOUS PROVISIONS

    SEC. 501. RULEMAKING ON RANDOM TESTING FOR PROHIBITED DRUGS.
    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.

SEC. 502. TRANSPORTATION SECURITY REPORT.

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

SEC. 503. REPEAL OF ANNUAL REPORT REQUIREMENT.

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

SEC. 504. ADVANCED LANDING SYSTEM.

    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.
    SEC. 505. ASBESTOS REMOVAL AND BUILDING DEMOLITION AND REMOVAL, 
      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.

SEC. 506. LAND ACQUISITION COSTS.

    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.

SEC. 507. INFORMATION ON DISINSECTION OF AIRCRAFT.

    (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).

SEC. 508. CONTRACT TOWER ASSISTANCE.

    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.
    SEC. 509. DISCONTINUATION OF AVIATION SAFETY JOURNAL.
    (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.

SEC. 510. MONROE AIRPORT IMPROVEMENT.

    (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.

SEC. 511. SOLDOTNA AIRPORT IMPROVEMENT.

    (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.

SEC. 512. STURGIS, KENTUCKY.

    (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.

SEC. 513. ROLLA AIRPORT IMPROVEMENT.

    (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.

SEC. 514. PALM SPRINGS, CALIFORNIA.

    (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.
    SEC. 515. REAL ESTATE TRANSFERS IN ALASKA AND WEATHER OBSERVATION 
      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.

SEC. 516. RELOCATION OF AIRWAY FACILITIES.

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

SEC. 517. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT.

    (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.
    SEC. 518. COLLECTIVE BARGAINING AT WASHINGTON AIRPORTS.
    (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.

SEC. 519. REPORT ON CERTAIN BILATERAL NEGOTIATIONS.

    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.

SEC. 520. STUDY ON INNOVATIVE FINANCING.

    (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).

SEC. 521. SAFETY OF JUNEAU INTERNATIONAL AIRPORT.

    (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).

SEC. 522. STUDY ON CHILD RESTRAINT SYSTEMS.

    (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).
    SEC. 523. SENSE OF SENATE RELATING TO DOT INSPECTOR GENERAL.
    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.
    SEC. 524. SENSE OF SENATE ON ISSUANCE OF REPORT ON USAGE OF RADAR 
      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.

SEC. 525. NORTH KOREA.

    (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.
    SEC. 526. SENSE OF SENATE ON FINAL REGULATIONS UNDER CIVIL RIGHTS 
      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.

            TITLE VI--INTRASTATE TRANSPORTATION OF PROPERTY

    SEC. 601. PREEMPTION OF INTRASTATE TRANSPORTATION OF PROPERTY.
    (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.