[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2024 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  2d Session 

                                S. 2024

_______________________________________________________________________

                  SENATE AMENDMENT TO HOUSE AMENDMENT
                  In the Senate of the United States,

                                 May 12 (legislative day, May 2), 1994.
      Resolved, That the Senate agree to the amendment of the House of 
Representatives to the bill (S. 2024) entitled ``An Act to provide 
temporary obligational authority for the airport improvement program 
and to provide for certain airport fees to be maintained at existing 
levels for up to 60 days, and for other purposes'' with the following

                  SENATE AMENDMENT TO HOUSE AMENDMENT:

            In lieu of the matter proposed to be inserted by the House 
      amendment to the text of the bill, insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport Improvement Program 
Temporary Extension Act of 1994''.

                  TITLE I--AIRPORT IMPROVEMENT PROGRAM

SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION.

    (a) Authorization.--The second sentence of section 505(a) of the 
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is 
amended--
            (1) by striking ``and'' after ``1992,''; and
            (2) by inserting ``, and $15,413,157,000 for fiscal years 
        ending before October 1, 1994'' before the period at the end.
    (b) Obligational Authority.--Section 505(b)(1) of the Airport and 
Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is amended 
by striking ``September 30, 1993'' and inserting ``June 30, 1994''.

SEC. 102. APPORTIONMENT OF FUNDS.

    Section 507(b)(3)(A) of the Airport and Airway Improvement Act of 
1982 (49 App. U.S.C. 2206(b)(3)(A)) is amended--
            (1) by striking ``or reducing the amount authorized or'' 
        and inserting ``the amount'';
            (2) by inserting ``to less than $1,900,000,000'' after ``to 
        be obligated''; and
            (3) by striking ``limited or reduced''.

SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.

    Section 507(b)(1) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2206(b)(1)) is amended by striking ``$400,000'' and 
inserting ``$500,000''.

SEC. 104. DISCRETIONARY FUND.

    (a) Minimum Amount To Be Credited.--Section 507(c) of the Airport 
and Airway Improvement Act of 1982 (49 App. U.S.C. 2206(c)) is amended 
by adding at the end the following new paragraph:
            ``(5) Special rule.--(A) In any fiscal year not less than 
        $325,000,000 of the amount made available under section 505(a) 
        shall be credited to the discretionary fund established by 
        paragraph (1), and such $325,000,000 shall be exclusive of 
        amounts that have been apportioned in a prior year under this 
        section and which remain available for obligation.
            ``(B) In any fiscal year in which the amount credited to 
        the discretionary fund pursuant to paragraph (1) is less than 
        $325,000,000, the total amount calculated under subparagraph 
        (C) of this paragraph shall be reduced by an amount which, when 
        credited to the discretionary fund, will, together with the 
        amount credited pursuant to paragraph (1), equal $325,000,000.
            ``(C) The total amount, for any fiscal year, that is 
        subject to reduction pursuant to subparagraph (B) shall be the 
        sum of--
                    ``(i) the amount determined under subsection 
                (a)(1);
                    ``(ii) the amount determined under subsection 
                (a)(2);
                    ``(iii) the amount determined under subsection 
                (a)(3);
                    ``(iv) the amount determined under section 
                508(d)(1);
                    ``(v) the amount determined under section 
                508(d)(2);
                    ``(vi) the amount determined under section 
                508(d)(3);
                    ``(vii) the amount determined under section 
                508(d)(4); and
                    ``(viii) the amount determined under section 
                508(d)(5).
            ``(D) To accomplish a reduction pursuant to subparagraph 
        (B), each of the amounts described in subparagraphs (C)(i) 
        through (C)(viii), respectively, shall be reduced by an equal 
        percentage.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on July 1, 1994.

SEC. 105. USE OF APPORTIONED AND DISCRETIONARY FUNDS.

    Section 508(d) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2207(d)) is amended--
            (1) in paragraph (1), by striking ``10'' and inserting 
        ``5'';
            (2) in paragraph (3), by striking ``2.5'' wherever it 
        appears and inserting ``1.5''; and
            (3) in paragraph (4), by striking ``\1/2\'' and inserting 
        ``\3/4\''.

SEC. 106. REIMBURSEMENT FOR PAST EXPENDITURES.

    Section 513(a)(2) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2212(a)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by inserting ``or'' after the semicolon at the end of 
        subparagraph (B); and
            (3) by inserting after subparagraph (B) the following:
            ``(C)(i) it was incurred--
                    ``(I) during fiscal year 1994;
                    ``(II) before execution of a grant agreement with 
                respect to the project but in accordance with an 
                airport layout plan approved by the Secretary and in 
                accordance with all applicable statutory and 
                administrative requirements that would have been 
                applicable to the project if the grant agreement had 
                been executed; and
                    ``(III) for work related to a project for which a 
                grant agreement was previously executed during fiscal 
                year 1994; and
            ``(ii) its Federal share is only paid with sums apportioned 
        under sections 507(a)(1) and 507(a)(2).''.

SEC. 107. TERMINAL DEVELOPMENT.

    Section 513(b)(2) of the Airport and Airway Improvement Act of 1982 
(49 App. U.S.C. 2212(b)(2)) is amended--
            (1) in the second sentence--
                    (A) by inserting after ``may be used'' the 
                following: ``, subject to the approval of the 
                Secretary, (A)''; and
                    (B) by striking the period at the end and inserting 
                the following: ``, and (B) by the sponsor of a reliever 
                airport for the types of project costs allowable under 
                paragraph (1) of this subsection, including project 
                costs allowable for a commercial service airport which 
                annually has .05 percent or less of the total 
                enplanements in the United States.''; 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 percent or less of the total enplanements in 
        the United States for project costs allowable under paragraph 
        (1) of this subsection.''.

SEC. 108. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.

    Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 
(relating to expenditures from Airport and Airway Trust Fund) is 
amended by striking ``(as such Acts were in effect on the date of the 
enactment of the Airport and Airway Safety, Capacity, Noise 
Improvement, and Intermodal Transportation Act of 1992)'' and inserting 
``or the Airport Improvement Program Temporary Extension Act of 1994 
(as such Acts were in effect on the date of the enactment of the 
Airport Improvement Program Temporary Extension Act of 1994)''.

SEC. 109. UPWARD ADJUSTMENTS.

    (a) In General.--The second sentence of section 505(b)(1) of the 
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) 
is further amended by--
            (1) inserting ``(A)'' before ``Apportioned''; and
            (2) inserting before the period at the end ``; and (B) 
        funds which have been recovered by the United States from 
        grants made under this title if such funds are obligated only 
        for increases under sections 512(b)(2) and 512(b)(3) of this 
        title in the maximum obligation of the United States for any 
        other grant made under this title''.
    (b) Retroactive Effective Date.--The amendment made by subsection 
(a) shall take effect October 1, 1993.

     TITLE II--AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES

SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT FEES.

    (a) Complaint By Air Carrier.--
            (1) Filing.--An air carrier may file prior to June 30, 
        1994, with the Secretary a written complaint alleging that any 
        increased fee imposed upon such air carrier by the owner or 
        operator of an airport is not reasonable. The air carrier shall 
        simultaneously file with the Secretary proof that a copy of the 
        complaint has been served on the owner or operator of the 
        airport.
            (2) Opportunity to respond.--Before issuing an order under 
        subsection (b), the Secretary shall provide the owner or 
        operator of the airport an opportunity to respond to the filed 
        complaint.
            (3) Frivolous complaint.--If the Secretary determines that 
        a complaint is frivolous, the Secretary may refuse to accept 
        the complaint for filing.
    (b) Order By The Secretary.--
            (1) In general.--Except as provided by paragraph (2), the 
        Secretary shall issue, within 7 days after the filing of a 
        complaint in accordance with subsection (a), an order 
        prohibiting the owner or operator of the airport from 
        collecting the increased portion of the fee that is the subject 
        of the complaint, unless the Secretary makes a preliminary 
        determination that the increased fee is reasonable. Subject to 
        subsection (d), the order shall cease to be effective on June 
        30, 1994.
            (2) Limination.--The Secretary shall not issue an order 
        under this subsection prohibiting the collection of any portion 
        of a fee for which the Secretary's informal mediation 
        assistance was requested on March 21, 1994.
    (c) Opportunity To Comment And Furnish Related Material.--Within a 
period prescribed by the Secretary, the owner or operator of the 
airport and any affected air carrier may submit comments to the 
Secretary on a complaint filed under subsection (a) and furnish to the 
Secretary any related documents or other material.
    (d) Action on Complaint.--Based on comments and material provided 
under subsection (c), the Secretary may take appropriate action on the 
complaint, including termination or other modification of any order 
issued under subsection (b).
    (e) Applicability.--This section does not apply to a fee imposed 
pursuant to a written agreement binding on air carriers using the 
facilities of an airport.
    (f) Effect on Existing Agreements.--Nothing in this section shall 
adversely affect any existing written agreement between an air carrier 
and the owner or operator of an airport.

SEC. 202. DEFINITIONS.

    For purposes of this title--
            (1) the term ``fee'' means any rate, rental charge, landing 
        fee, or other service charge for the use of airport facilities; 
        and
            (2) the term ``Secretary'' means the Secretary of 
        Transportation.

            TITLE III--REFORM OF AIR TRAFFIC CONTROL SYSTEM

SEC. 301. AIR TRAFFIC CONTROL SYSTEM.

    (a) Study.--The Secretary of Transportation shall undertake a study 
of management, regulatory, and legislative reforms which would enable 
the air traffic control system of the Federal Aviation Administration 
to provide better services to users and reduce the costs of providing 
services, without reducing the safety of the system or the availability 
of the system to all categories of users and without changing the basic 
organizational structure under which the system is part of the Federal 
Aviation Administration.
    (b) Components.--The study to be conducted under subsection (a) 
shall include the following:
            (1) Evaluation of reforms which would streamline 
        procurement, enhance the ability to attract and retain adequate 
        staff at hard-to-staff facilities, simplify the personnel 
        process, provide funding stability, ensure continuity of 
        leadership, and reduce the incidence of unnecessarily detailed 
        management oversight.
            (2) Identification of any existing laws or regulations 
        governing procurement or personnel which are having an adverse 
        effect on the operation or modernization of the air traffic 
        control system.
            (3) Evaluation of a range of possible reforms and the 
        advantages and disadvantages of each possible reform.
            (4) Comparison of the advantages and disadvantages of each 
        possible reform with the comparable advantages and 
        disadvantages to be achieved under any proposal of the 
        Secretary of Transportation to create a separate Federal 
        corporate entity to operate the air traffic control system.
    (c) Deadline.--The results of the study to be conducted under 
subsection (a) shall be contained in a report which shall be completed 
by the Secretary of Transportation on or before the date which is 180 
days after the date of the enactment of this Act, or the date on which 
the Secretary submits to Congress proposed legislation to create a 
separate corporate entity to operate the air traffic control system, 
whichever date occurs first.
    (d) Transmittal.--On the date of completion of the report under 
subsection (c), the Secretary of Transportation shall transmit copies 
of the 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.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRATION PROJECT.

    (a) In general.--Notwithstanding the termination of the personnel 
demonstration project for certain Federal Aviation Administration 
employees on June 17, 1994, pursuant to section 4703 of title 5, United 
States Code, the Federal Aviation Administration, subject to subsection 
(d), shall continue to pay quarterly retention allowance payments in 
accordance with subsection (b) to those employees who are entitled to 
quarterly retention allowance payments under the demonstration project 
as of June 16, 1994.
    (b) Computation Rules.--
            (1) In general.--The amount of each quarterly retention 
        allowance payment to which an employee is entitled under 
        subsection (a) shall be the amount of the last quarterly 
        retention allowance payment paid to such employee under the 
        personnel demonstration project prior to June 17, 1994, reduced 
        by that portion of the amount of any increase in the employee's 
        annual rate of basic pay subsequent to June 17, 1994, from any 
        source, which is allocable to the quarter for which the 
        allowance is to be paid (or, if applicable, to that portion of 
        the quarter for which the allowance is to be paid). For 
        purposes of the preceding sentence, the increase in an 
        employee's annual rate of basic pay includes--
                    (A) any increase under section 5303 of title 5, 
                United States Code;
                    (B) any increase in locality-based comparability 
                payments under section 5304 of such title 5 (except if, 
                or to the extent that, such increase is offset by a 
                reduction of an interim geographic adjustment under 
                section 302 of the Federal Employees Pay Comparability 
                Act of 1990 (5 U.S.C. 5304 note));
                    (C) any establishment or increase in a special rate 
                of pay under section 5305 of such title 5;
                    (D) any increase in basic pay pursuant to a 
                promotion under section 5334 of such title 5;
                    (E) any periodic step-increase under section 5335 
                of such title 5;
                    (F) any additional step-increase under section 5336 
                of such title 5; and
                    (G) any other increase in annual rate of basic pay 
                under any other provision of law.
            (2) Section rule.--In the case of an employee on leave 
        without pay or other similar status for any part of the quarter 
        prior to June 17, 1994, based on which the amount of the 
        allowance payments for such employee under subsection (a) are 
        computed, the ``amount of the last quarterly retention 
        allowance payment paid to such employee under the personnel 
        demonstration project prior to June 17, 1994'' shall, for 
        purposes of paragraph (1), be deemed to be the amount of the 
        allowance which would have been payable to such employee for 
        such quarter under such project had such employee been in pay 
        status throughout such quarter.
    (c) Termination.--An employee's entitlement to quarterly retention 
allowance payments under this section shall cease when--
            (1) the amount of such allowance is reduced to zero under 
        subsection (b), or
            (2) the employee separates or moves to a position in which 
        the employee would not, prior to June 17, 1994, have been 
        entitled to receive an allowance under the demonstration 
        project,
whichever is earlier.
    (d) Special Payment Rule.--The Administrator of the Federal 
Aviation Administration may make payment for the costs incurred under 
the program established by subsection (a) for the period between June 
18, 1994, and September 30, 1994, following the end of the first full 
pay period that begins on or after October 1, 1994, subject to 
appropriations made available in fiscal year 1995.
    (e) Study of Recruitment and Retention Incentives.--The 
Administrator of the Federal Aviation Administration shall conduct a 
study of impediments that may exist to achieving appropriate air 
traffic controller staffing levels at hard-to-staff facilities. In 
conducting such study, the Administrator shall identify and evaluate 
the extent to which special incentives, of a financial or non-financial 
nature, could be useful in recruiting or retaining air traffic 
controllers at such facilities. The Administrator 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 not later than 180 days after the date of enactment of 
this Act a report on (1) the results of such study, (2) planned 
administrative actions, and (3) any recommended legislation.

            Attest:






                                                             Secretary.

S 2024 EAS----2