[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2739

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 1993

 Mr. Oberstar (for himself, Mr. Mineta, Mr. Shuster, and Mr. Clinger) 
 introduced the following bill; which was referred to the Committee on 
                    Public Works and Transportation

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Infrastructure Investment 
Act of 1993''.

         TITLE I--AIRPORT AND AIRWAY IMPROVEMENT ACT AMENDMENTS

SEC. 101. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 505(a) of the Airport 
and Airway Improvement Act of 1982 (49 U.S.C. App. 2204(a)) is 
amended--
            (1) by striking ``and'' following ``1992,''; and
            (2) by inserting after ``1993'' the following: ``, 
        $18,071,700,000 for fiscal years ending before October 1, 1994, 
        $20,232,700,000 for fiscal years ending before October 1, 1995, 
        and $22,446,700,000 for fiscal years ending before October 1, 
        1996''.
    (b) Obligational Authority.--Section 505(b) of such Act is amended 
by striking ``1993'' and inserting ``1996''.

SEC. 102. AIRWAY IMPROVEMENT PROGRAM.

    (a) Airway Facilities and Equipment.--Section 506(a)(1) of the 
Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(a)(1)) 
is amended by striking ``$11,100,000,000'' and all that follows through 
``1995'' and inserting the following: ``$10,724,000,000 for fiscal 
years ending before October 1, 1994, $13,394,000,000 for fiscal years 
ending before October 1, 1995, and $16,129,000,000 for fiscal years 
ending before October 1, 1996''.
    (b) Other Expenses.--Section 506(c) of such Act is amended--
            (1) by striking ``-1995'' in the heading for paragraph (4) 
        and inserting ``-1993'';
            (2) by striking ``1993, 1994, and 1995'' in paragraph (4) 
        and inserting ``and 1993''; and
            (3) by adding at the end the following:
            ``(5) Fiscal years 1994-1996.--The amount appropriated from 
        the Trust Fund for the purposes of clauses (A) and (B) of 
        paragraph (1) of this subsection for each of fiscal years 1994, 
        1995, and 1996 may not exceed the lesser of--
                    ``(A) 50 percent of the amount of funds made 
                available under section 505 and subsections (a) and (b) 
                of this section for such fiscal year; or
                    ``(B)(i) 70 percent of the amount of funds made 
                available under section 505, subsections (a) and (b) of 
                this section, and section 106(k) of title 49, United 
                States Code, for such fiscal year; less
                    ``(ii) the amount of funds made available under 
                section 505 and subsections (a) and (b) of this section 
                for such fiscal year.''.
    (c) Preservation of Funds.--Section 506(e)(5) of such Act is 
amended by striking ``1995'' and inserting ``1996''.

SEC. 103. OPERATIONS OF FAA.

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

SEC. 104. APPORTIONMENT OF FUNDS.

    (a) Minimum Amount for Primary Airports.--Section 507(b)(1) of the 
Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2206(b)(1)) 
is amended by striking ``$400,000'' and inserting ``$500,000''.
    (b) Consideration of Diversion of Revenues in Awarding 
Discretionary Grants.--Section 507 of such Act is further amended by 
redesignating subsection (f) as subsection (g) and by inserting after 
subsection (e) the following new subsection:
    ``(f) Consideration of Diversion of Revenues in Awarding 
Discretionary Grants.--In deciding whether or not to distribute funds 
to an airport from the discretionary funds established by subsections 
(c) and (d), the Secretary shall consider as a factor militating 
against the distribution of such funds to the airport the fact that the 
airport is using revenues generated by the airport or by local taxes on 
aviation fuel for purposes other than capital or operating costs of the 
airport or the local airports system.''.

SEC. 105. USE OF APPORTIONED AND DISCRETIONARY FUNDS.

    (a) Integrated Airport System Planning Set-Aside.--Section 
508(d)(4) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. 
App. 2207(d)(4)) is amended by striking ``\1/2\'' and inserting ``\3/
4\''.
    (b) Military Airport Set-Aside.--Section 508(d)(5) of such Act is 
amended by striking ``and 1995'' and inserting ``, 1995, and 1996''.
    (c) Designation of Military Airports.--Section 508(f)(1) of such 
Act is amended by striking ``12'' and inserting ``16''.
    (d) Construction of Parking Lots, Fuel Farms, and Utilities.--
Section 508(f)(6) of such Act is amended by striking ``and 1995'' and 
inserting ``1995, and 1996''.

SEC. 106. PROJECT SPONSORSHIP.

    Section 511(a) of the Airport and Airway Improvement Act of 1982 
(49 U.S.C. App. 2210(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (16);
            (2) by striking the period at the end of paragraph (17) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(18) the airport owner or operator will submit to the 
        Administrator and make available to the public an annual report 
        listing in detail (A) all amounts paid by the airport to any 
        other unit of government and the purposes for which each such 
        payment was made, and (B) all services and property provided to 
        other units of government and the amount of compensation 
        received for provision of each such service and property.''.

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

    Section 513(b)(2) of the Airport and Airway Improvement Act of 1982 
(49 U.S.C. App. 2212(b)(2)) is amended--
            (1) in the second sentence by inserting after ``may be 
        used'' the following: ``, subject to the approval of the 
        Secretary,''; and
            (2) by adding at the end the following: ``All or any 
        portion of the sums to be distributed at the discretion of the 
        Secretary under sections 507(c) and 507(d) for any fiscal year 
        may be distributed for use by primary airports each of which 
        annually has .05 or less of the total enplanements in the 
        United States for project costs allowable under paragraph (1) 
        of this subsection.''.

SEC. 108. TECHNICAL AMENDMENTS.

    (a) Definitions.--Section 503(a)(2)(B) of the Airport and Airway 
Improvement Act of 1982 (49 U.S.C. App. 2202(a)(2)(B)) is amended by 
moving clauses (vii) and (viii) 2 ems to the right.
    (b) Airport Plans.--Section 504(a)(1) of such Act (49 U.S.C. App. 
2203(a)(1)) is amended by redesignating clauses (1), (2), and (3) as 
clauses (A), (B), and (C), respectively.
    (c) AIP Other Expenses.--Section 506(c)(3) of such Act (49 U.S.C. 
App. 2205(c)(3)) is amended by striking ``and,'' and inserting ``, 
and''.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. ADVANCE NOTICE OF RATE CHANGES.

    Section 404 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1374) is amended by adding at the end the following:
    ``(e) Advance Notice of Rate Changes.--Any air carrier may provide 
advance notice to the public of the date on which a change of a rate, 
fare, or charge for air transportation is scheduled to take effect and 
the date on which a rate, fare, or charge for air transportation is 
scheduled to terminate.''.

SEC. 202. PROTECTION OF SMALL COMMUNITY AIRLINE PASSENGERS.

    (a) Access to High Density Airports.--Section 419(b) of the Federal 
Aviation Act of 1958 (49 U.S.C. App. 1389(b)) is amended by adding at 
the end the following new paragraph:
            ``(10) Access to high density airports.--
                    ``(A) Nonconsideration of slot availability.--In 
                determining what is basic essential air service and in 
                selecting an air carrier to provide such service, the 
                Secretary shall not give consideration to whether slots 
                at a high density airport are available for providing 
                such service.
                    ``(B) Making slots available.--If basic essential 
                air service is to be provided to and from a high 
                density airport, the Secretary shall ensure that a 
                sufficient number of slots at such airport are 
                available to the air carrier providing or selected to 
                provide such service. If necessary to carry out the 
                objectives of this subsection, the Secretary shall take 
                such action as may be necessary to have such slots 
                transferred or otherwise made available to the air 
                carrier; except that the Secretary shall not be 
                required to make slots available at O'Hare 
                International Airport in Chicago, Illinois, if the 
                number of slots available for basic essential air 
                service to and from such airport is at least 132 
                slots.''.
    (b) Transfers of Slots at High Density Airports.--Section 419(b)(7) 
of such Act (49 U.S.C. App. 1389(b)(7)) is amended--
            (1) by striking ``Transfer of operational authority at 
        certain'' and inserting ``Transfers of slots at'';
            (2) by striking ``an airport at which the Administrator 
        limits the number of instrument flight rule takeoffs and 
        landings of aircraft'' and inserting ``a high density 
        airport'';
            (3) by striking ``operational authority'' and inserting 
        ``slots'';
            (4) by striking ``has to conduct a landing or takeoff'' and 
        inserting ``have'';
            (5) by striking ``such authority'' the first place it 
        appears and inserting ``such slots'';
            (6) by striking ``such authority is'' and inserting ``such 
        slots are''; and
            (7) by inserting ``basic essential'' after ``used to 
        provide''.
    (c) Definitions.--Section 419(k) of such Act (49 U.S.C. App. 
1389(k)) is amended by adding at the end the following new paragraphs:
            ``(6) High density airport.--The term `high density 
        airport' means an airport at which the Administrator limits the 
        number of instrument flight rule takeoffs and landings of 
        aircraft.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(8) Slot.--The term `slot' means a reservation for an 
        instrument flight rule takeoff or landing by an air carrier of 
        an aircraft in air transportation.''.

SEC. 203. ACCESS OF FOREIGN AIR CARRIERS TO HIGH DENSITY AIRPORTS.

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

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

    ``(a) In General.--The Secretary shall not take a slot at a high 
density airport from an air carrier and award such slot to a foreign 
air carrier if the Secretary determines that air carriers are not 
provided equivalent rights of access to airports in the country of 
which such foreign air carrier is a citizen.
    ``(b) Definitions.--In this section, the terms `high density 
airport', `Secretary', and `slot' have the meaning such terms have 
under section 419.''.
    (b) Conforming Amendment.--The portion of the table of contents 
contained in the first section of such Act relating to title IV is 
amended by adding at the end the following:

``Sec. 420. Access of foreign air carriers to high density airports.
                              ``(a) In general.
                              ``(b) Definitions.''.

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

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

SEC. 205. PASSENGER FACILITY CHARGES.

    (a) Clarification of Applicability.--
            (1) General rule.--Section 1113(e)(1) of the Federal 
        Aviation Act of 1958 (49 U.S.C. App. 1513(e)(1)) is amended by 
        adding at the end the following new sentence: ``After the date 
        of the enactment of this sentence, no public agency authority 
        shall collect a fee authorized to be imposed under this 
        subsection from a passenger enplaning at an airport if the 
        passenger did not pay for the air transportation which resulted 
        in such enplanement, including any case in which the passenger 
        obtained the ticket for the air transportation with a frequent 
        flier award coupon without monetary payment.''.
            (2) Limitation on statutory construction.--The amendment 
        made by paragraph (1) shall not be construed as requiring any 
        person to refund any fee paid before the date of the enactment 
        of this Act.
    (b) Use of Revenues and Relationship Between Fees and Revenues.--
Section 1113(e)(2) of such Act is amended--
            (1) by striking ``and'' at the end of subparagraph (A);--
            (2) by striking the period at the end of subparagraph 
        (B)(iii) and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) that the application includes adequate 
                justification for each of the specific projects.''.

SEC. 206. TERM OF OFFICE OF FAA ADMINISTRATOR.

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

SEC. 207. SOUNDPROOFING OF CERTAIN RESIDENTIAL BUILDINGS IN AREAS 
              SURROUNDING AIRPORTS.

    Section 104(c)(2) of the Aviation Safety and Noise Abatement Act of 
1979 (49 U.S.C. App. 2104(c)(2)) is amended--
            (1) by inserting ``(1)'' before ``to operators of 
        airports''; and
            (2) by striking the period at the end and inserting ``; and 
        (2) for projects to soundproof residential buildings--
                    ``(A) if the operator of the airport involved 
                received approval for a grant for a project to 
                soundproof residential buildings pursuant to section 
                301(d)(4)(B) of the Airport and Airway Safety and 
                Capacity Expansion Act of 1987;
                    ``(B) if the operator of the airport involved 
                submits updated noise exposure contours, as required by 
                the Secretary; and
                    ``(C) if the Secretary determines that the proposed 
                projects are compatible with the purposes of this 
                Act.''.

SEC. 208. LABOR STANDARDS.

    Section 6005(c) of the Metropolitan Washington Airports Act of 1986 
(49 U.S.C. App. 2454(c)) is amended--
            (1) by redesignating paragraph (11) as paragraph (12); and
            (2) by inserting after paragraph (10) the following:
            ``(11) Labor standards.--The Secretary shall include such 
        terms and conditions in the lease as may be necessary to ensure 
        (A) that all laborers and mechanics employed by contractors or 
        subcontractors in the performance of construction work at the 
        airports shall be paid wages at rates not less than those 
        prevailing on similar construction in the locality as 
        determined by the Secretary of Labor in accordance with the 
        Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), and (B) 
        that the Airports Authority shall not approve any contract for 
        any such construction work without first obtaining adequate 
        assurance that such wages will be paid under such contract for 
        the construction work.''.

SEC. 209. LABOR MANAGEMENT RELATIONS.

    The Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 
2451-2461) is amended--
            (1) in section 6007(c)(5) by striking ``to the extent that 
        the Federal Aviation Administration is so authorized on the 
        date of enactment of this title'';
            (2) by redesignating sections 6011 and 6012 as sections 
        6012 and 6013, respectively; and
            (3) by inserting after section 6009 the following new 
        section:

``SEC. 6010. LABOR MANAGEMENT RELATIONS.

    ``(a) Application of Federal Labor Laws.--Except as otherwise 
provided by this section, the provisions of the National Labor 
Relations Act and the Labor Management Relations Act, 1947 shall apply 
to labor-management relations between the Airports Authority and labor 
organizations representing bargaining units at the Metropolitan 
Washington Airports.
    ``(b) Suits.--
            ``(1) Jurisdiction of u.s. courts.--The courts of the 
        United States shall have jurisdiction with respect to actions 
        brought by the National Labor Relations Board under this 
        section to the same extent that such courts have jurisdiction 
        with respect to actions brought under the National Labor 
        Relations Act.
            ``(2) Labor contract violations.--Suits for violation of 
        contracts between the Airports Authority and a labor 
        organization representing bargaining units at the Metropolitan 
        Washington Airports, or between any such labor organizations, 
        may be brought in any district court of the United States 
        having jurisdiction of the parties, without respect to the 
        amount of controversy.
            ``(3) Agents of labor organizations.--A labor organization 
        described in paragraph (2) and the Airports Authority shall be 
        bound by the authorized acts of their agents. Any such labor 
        organization may sue or be sued as an entity and in behalf of 
        those whom it represents in the courts of the United States. 
        Any money judgment against such a labor organization in a 
        district court of the United States shall be enforceable only 
        against the organization as an entity and against its assets 
        and shall not be enforceable against any individual member or 
        the member's assets.
    ``(c) Collective-Bargaining Agreements.--
            ``(1) Period of effectiveness.--Collective-bargaining 
        agreements between the Airports Authority and labor 
        organizations shall be effective for not less than 2 years.
            ``(2) Resolution of grievances.--Collective-bargaining 
        agreements negotiated by the Airports Authority shall provide 
        for procedures for resolution by the parties of grievances and 
        other disputes arising during the term of the agreement, 
        culminating in binding third-party arbitration, unless the 
        parties agree otherwise.
            ``(3) Resolution of disputes in negotiations.--The Airports 
        Authority and a labor organization may by mutual agreement 
        adopt procedures for the resolution of disputes or impasses 
        arising in the negotiation of a collective-bargaining 
        agreement.
    ``(d) Labor Disputes.--
            ``(1) Written notice requirement.--If there is a 
        collective-bargaining agreement between the Airports Authority 
        and labor organizations in effect, no party to such agreement 
        shall terminate or modify such agreement unless the party 
        desiring such termination or modification serves written notice 
        upon the other party to the agreement of the proposed 
        termination or modification not less than 90 days prior to the 
        time it is proposed to make such termination or modification. 
        The party serving such notice shall notify the Federal 
        Mediation and Conciliation Service of the existence of a 
        dispute within 45 days of such notice if no agreement has been 
        reached by that time.
            ``(2) Mediation of disputes.--If the parties fail to reach 
        agreement or to adopt a procedure providing for a binding 
        resolution of a dispute by the expiration date of the agreement 
        in effect, or the date of the proposed termination or 
        modification, the Director of the Federal Mediation and 
        Conciliation Service shall direct mediation of the dispute. For 
        this purpose, the Director shall submit to the parties a list 
        of not fewer than 10 names. If the parties fail to select a 
        mediator, the selection shall be made by the Director.
            ``(3) Arbitration board.--
                    ``(A) Establishment.--If no agreement is reached 
                within 90 days after the expiration or termination of 
                the agreement or the date on which the agreement became 
                subject to modification under paragraph (1) of this 
                subsection, or if the parties decide upon arbitration 
                but do not agree upon the procedures therefor, an 
                arbitration board shall be established consisting of 3 
                members, 1 of whom shall be selected by the Airports 
                Authority, 1 by the bargaining representative, and the 
                third by the 2 thus selected who shall be designated 
                chairman. If either of the parties fails to select a 
                member, or if the members chosen by the parties fail to 
                agree on the third person within 5 days after their 
                first meeting, the selection shall be made utilizing 
                the rules of the American Arbitration Association.
                    ``(B) Hearings and decisions.--The arbitration 
                board shall give the parties a full and fair hearing, 
                including an opportunity to present evidence in support 
                of their claims, and an opportunity to present their 
                case in person, by counsel or by other representative 
                as they may elect. All procedural disputes shall be 
                decided by the board. The board shall have the 
                authority to administer oaths and compel the attendance 
                of witnesses and the production of documents. Decisions 
                of the board shall be conclusive and binding upon the 
                parties. The board shall render its decision within 45 
                days after its appointment, unless a later date is 
                mutually agreed upon by both parties.
                    ``(C) Costs.--Costs of the arbitration board shall 
                be shared equally by the Airports Authority and the 
                bargaining representative.
                    ``(D) Procedures.--In the case of a bargaining unit 
                whose collective-bargaining representative does not 
                have an agreement with the Airport Authority, if the 
                parties fail to reach agreement within 90 days of the 
                commencement of collective bargaining, mediation will 
                take place in accordance with the terms of paragraph 
                (2) of this subsection, unless the parties have 
                previously agreed to another procedure for a binding 
                resolution of their differences. If the parties fail to 
                reach agreement within 180 days of the commencement of 
                collective bargaining and if they have not agreed to 
                another procedure for binding resolution, an 
                arbitration board shall be established to provide 
                conclusive and binding arbitration in accordance with 
                the terms of paragraph (3) of this subsection.
                    ``(E) Considerations in making awards.--Except 
                insofar as compensation and benefits may be specified 
                elsewhere in this title, the arbitration board, in 
                arriving at its award, shall take into account 
                compensation, benefits, and conditions of employment of 
                comparable employees in Alexandria, Arlington, and 
                Fairfax Counties, Virginia; the District of Columbia; 
                and Montgomery and Prince Georges Counties, Maryland, 
                and other criteria traditionally considered in 
                collective bargaining.
    ``(e) No Strikes or Lockouts; Maintenance of Status Quo.--
Notwithstanding any other provision of law, the parties to a collective 
bargaining agreement between the Airports Authority and a labor 
organization shall not resort to strike or lockout. The parties shall 
refrain from making changes in working conditions pending the 
resolution of labor disputes as provided in subsection (d) of this 
section.''.

SEC. 210. TECHNICAL AMENDMENT.

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

                                 <all>

HR 2739 IH----2