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

103d CONGRESS

  2d Session

                                S. 2024

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2024

_______________________________________________________________________

                                 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.

    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 ``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'' immediately after ``1992,''; and
            (2) by inserting ``, and $17,528,700,000 for fiscal years 
        ending before October 1, 1994'' immediately before the period 
        at the end.
    (b) Discretionary Fund.--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 in which the 
        amount made available under section 505(a) is less than 
        $1,800,000,000 and not less than $1,700,000,000, the total 
        amount calculated under subparagraph (C) of this paragraph 
        shall be reduced by $50,000,000 and such $50,000,000 shall by 
        credited to the discretionary fund established by paragraph (1) 
        for distribution without regard to section 508(d).
            ``(B) In any fiscal year in which the amount made available 
        under section 505(a) is less than $1,700,000,000, the total 
        amount calculated under subparagraph (C) of this paragraph 
        shall be reduced by $100,000,000 and such $100,000,000 shall be 
        credited to the discretionary fund established by paragraph (1) 
        for distribution without regard to section 508(d).
            ``(C) The total amount, for any fiscal year, that is 
        subject to reduction pursuant to subparagraph (A) or (B) shall 
        be the sum of--
                    ``(i) the amount determined under section 
                508(d)(2);
                    ``(ii) the amount determined under section 
                508(d)(4);
                    ``(iii) the amount determined under section 
                508(d)(5); and
                    ``(iv) the amount to be credited to the fund 
                established under subsection (d) of this section.
            ``(D) To accomplish a reduction pursuant to subparagraph 
        (A) or (B), each of the amounts that otherwise would have been 
        available for distribution under subsection (d) of this section 
        and sections 508(d)(2), 508(d)(4), and 508(d)(5), respectively, 
        shall be reduced by an equal percentage.''.
    (c) Obligational Authority.--Section 505(b)(1) of the Airport and 
Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is amended--
            (1) by striking ``September 30, 1993'' and inserting in 
        lieu thereof ``June 30, 1994''; and
            (2) by adding at the end the following new sentence: 
        ``Notwithstanding any other provision of this title, the 
        Secretary shall not, during fiscal year 1994, incur obligations 
        in excess of $800,000,000 to make grants from funds made 
        available under subsection (a).''.

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 in lieu thereof ``the amount'';
            (2) by inserting ``to less than $1,900,000,000'' 
        immediately after ``to be obligated''; and
            (3) by striking ``limited or reduced''.

SEC. 103. 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 in 
        lieu thereof ``5''; and
            (2) in paragraph (3), by striking ``2.5'' wherever it 
        appears and inserting in lieu thereof ``1.5''.

SEC. 104. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.

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

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

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

    (a) Complaint by Air Carrier.--(1) An air carrier may, prior to 
June 30, 1994, file 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) 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) 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) Except as provided by paragraph 
(2), the Secretary shall, within 7 days after the filing of a complaint 
in accordance with subsection (a), issue 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. The 
order shall cease to be effective on June 30, 1994.
    (2) 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 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 but not limited to 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 the 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.

            Passed the Senate April 19 (legislative day, April 11), 
      1994.

            Attest:






                                                             Secretary.

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