[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3539 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 3539
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 1996
Mr. Shuster (for himself, Mr. Duncan, Mr. Oberstar, and Mr. Lipinski)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
Ways and Means, and Rules, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, 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
Authorization Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
TITLE I--REAUTHORIZATION OF FAA PROGRAMS
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. Operations of FAA.
TITLE II--AIRPORT DEVELOPMENT FINANCING
Sec. 201. Apportionments.
Sec. 202. Discretionary fund.
Sec. 203. Use of apportioned amounts.
Sec. 204. Designating current and former military airports.
Sec. 205. Select Panel on Airport and Agency Financing.
TITLE III--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
Sec. 301. Intermodal planning.
Sec. 302. Compliance with Federal mandates.
Sec. 303. Runway maintenance program.
Sec. 304. Access to airports by intercity buses.
Sec. 305. Cost reimbursement for projects commenced prior to grant
award.
Sec. 306. Selection of projects for grants from discretionary fund.
Sec. 307. State block grant program.
Sec. 308. Private ownership of airports.
Sec. 309. Use of noise set-aside funds by nonairport sponsors.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Purchase of housing units.
Sec. 402. Technical correction relating to State taxation.
Sec. 403. Protection of voluntary submission of information.
Sec. 404. Supplemental type certificates.
Sec. 405. Restriction on use of revenues.
Sec. 406. Discretionary authority for criminal history records checks.
Sec. 407. Authority to close airport located near closed or realigned
military base.
Sec. 408. Construction of runways.
TITLE V--METROPOLITAN WASHINGTON AIRPORTS
Sec. 501. Short title.
Sec. 502. Amendment of Metropolitan Washington Airports Act of 1986.
Sec. 503. Use of leased property.
Sec. 504. Board of directors.
Sec. 505. Federal Advisory Commission.
Sec. 506. Review procedure.
Sec. 507. Congressional disapproval procedures.
Sec. 508. Other matters relating to Federal Advisory Commission.
Sec. 509. Effect of judicial orders.
Sec. 510. Federal Advisory Committee Act.
Sec. 511. Use of Dulles Access Highway.
Sec. 512. Amendment of lease.
Sec. 513. Availability of slots.
TITLE VI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND TAXES AND
EXPENDITURE AUTHORITY
Sec. 601. Extension of Airport and Airway Trust Fund excise taxes.
Sec. 602. Extension of Airport and Airway Trust Fund expenditures.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in titles I,
II, III, and IV of this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision of
law, the reference shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 3. APPLICABILITY.
(a) In General.--Except as otherwise specifically provided, titles
I, II, III, and IV of this Act and the amendments made by such titles
shall apply only to fiscal years beginning after September 30, 1996.
(b) Limitation on Statutory Construction.--Nothing in this Act or
any amendment made by this Act shall be construed as affecting funds
made available for a fiscal year ending before October 1, 1996.
TITLE I--REAUTHORIZATION OF FAA PROGRAMS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is amended--
(1) by striking ``September 30, 1981'' and inserting
``September 30, 1996''; and
(2) by striking ``$17,583,500,000'' and all that follows
through the period at the end and inserting the following:
``$2,280,000,000 for fiscal years ending before October 1, 1997,
$4,627,000,000 for fiscal years ending before October 1, 1998, and
$7,039,000,000 for fiscal years ending before October 1, 1999.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``1996'' and inserting ``1999''.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48101(a) is amended
by striking paragraphs (1) through (4) and inserting the following:
``(1) $2,068,000,000 for fiscal year 1997.
``(2) $2,129,000,000 for fiscal year 1998.
``(3) $2,191,000,000 for fiscal year 1999.''.
(b) Clerical Amendments.--Chapter 481 is amended--
(1) by striking the heading for section 48101 and inserting
the following:
``Sec. 48101. Air navigation facilities and equipment''; and
(2) in the table of sections by striking the item relating
to section 48101 and inserting the following:
``48101. Air navigation facilities and equipment.''.
SEC. 103. OPERATIONS OF FAA.
(a) Authorization of Appropriations From General Fund.--Section
106(k) is amended by striking ``$4,088,000,000'' and all that follows
through the period at the end and inserting the following:
``$5,158,000,000 for fiscal year 1997, $5,344,000,000 for fiscal year
1998, and $5,538,000,000 for fiscal year 1999.''.
(b) Authorization of Appropriations From Trust Fund.--Section
48104(c) is amended--
(1) in the subsection heading by striking ``1996'' and
inserting ``1999''; and
(2) by striking ``1994, 1995, and 1996'' and inserting
``1994 through 1999''.
(c) Limitation on Obligating or Expending Amounts.--Section
48108(c) is amended by striking ``1996'' and inserting ``1999''.
(d) Clerical Amendments.--Chapter 481 is amended--
(1) by striking the heading for section 48104 and inserting
the following:
``Sec. 48104. Operations and maintenance''; and
(2) in the table of sections for such chapter by striking
the item relating to section 48104 and inserting the following:
``48104. Operations and maintenance.''.
TITLE II--AIRPORT DEVELOPMENT FINANCING
SEC. 201. APPORTIONMENTS.
(a) Amounts Apportioned to Sponsors.--
(1) Primary airports.--Section 47114(c)(1)(A) is amended--
(A) by striking ``and'' at the end of clause (iii);
(B) in clause (iv) by striking ``additional'' and
inserting ``of the next 500,000'';
(C) by striking the period at the end of clause
(iv) and inserting ``; and''; and
(D) by adding at the end the following:
``(v) $.50 for each additional passenger boarding at the
airport during the prior calendar year.''.
(2) Cargo service airports.--Section 47114(c)(2)(A) is
amended by striking ``3.5'' and inserting ``2.5''.
(3) Repeal of limitation.--Section 47114(c)(3) is repealed.
(b) Amounts Apportioned to States.--Section 47114(d)(2) of such
title is amended--
(1) by striking ``12'' and inserting ``18.5'';
(2) in subparagraph (A) by striking ``one'' and inserting
``0.66'';
(3) in each of subparagraphs (B) and (C) by striking
``49.5'' and inserting ``49.67''; and
(4) in each of subparagraphs (B) and (C) by striking
``except'' the second place it appears and all that follows
through ``title,'' and inserting ``excluding primary airports
but including reliever and nonprimary commercial service
airports,''.
SEC. 202. DISCRETIONARY FUND.
Section 47115 is amended by striking the second subsection (f),
relating to minimum amounts to be credited, and inserting the
following:
``(g) Minimum Amount To Be Credited.--
``(1) General rule.--In a fiscal year, there shall be
credited to the fund, out of amounts made available under
section 48103 of this title, an amount that is equal to or
greater than the total amount required from the fund to carry
out in the fiscal year letters of intent issued before January
1, 1996, under section 47110(e) of this title or the Airport
and Airway Improvement Act of 1982. The amount credited is
exclusive of amounts that have been apportioned in a prior
fiscal year under section 47114 of this title and that remain
available for obligation.
``(2) Reduction of apportionments.--In a fiscal year in
which the amount credited under subsection (a) is less than the
minimum amount to be credited under paragraph (1), the total
amount calculated under paragraph (3) shall be reduced by
an amount that, when credited to the fund, together with the amount
credited under subsection (a), equals such minimum amount.
``(3) Amount of reduction.--For a fiscal year, the total
amount available to make a reduction to carry out paragraph (2)
is the total of the amounts determined under sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of this
title. Each amount shall be reduced by an equal percentage to
achieve the reduction.''.
SEC. 203. USE OF APPORTIONED AMOUNTS.
(a) Period of Availability.--Section 47117(b) is amended by
inserting before the period at the end of the first sentence the
following: ``or the 3 fiscal years immediately following that year in
the case of a primary airport that had less than .05 percent of the
total boardings in the United States in the preceding calendar year''.
(b) Special Apportionment Categories.--Section 47117(e)(1) is
amended--
(1) by striking ``made available under section 48103'' and
inserting ``available to the discretionary fund under section
47115'';
(2) by striking subparagraphs (A), (C), and (D);
(3) by redesignating subparagraphs (B) and (E) as
subparagraphs (A) and (B), respectively;
(4) in subparagraph (A), as so redesignated, by striking
``at least 12.5'' and inserting ``At least 31'';
(5) by adding at the end of subparagraph (A), as so
redesignated, the following: ``The Secretary may count the
amount of grants made for such planning and programs with funds
apportioned under section 47114 in that fiscal year in
determining whether or not such 25 percent requirement is being
met in that fiscal year.'';
(6) in subparagraph (B), as so redesignated, by striking
``at least 2.25'' and all that follows through ``1996,'' and
inserting ``At least 4 percent for each fiscal year
thereafter''; and
(7) by inserting before the period at the end of
subparagraph (B), as so redesignated, the following: ``and to
sponsors of noncommercial service airports for grants for
operational and maintenance expenses at any such airport if the
amount of such grants to the sponsor of the airport does not
exceed $30,000 in that fiscal year, if the Secretary determines
that the airport is adversely affected by the closure or
realignment of a military base, and if the sponsor of the
airport certifies that the airport would otherwise close if the
airport does not receive the grant''.
SEC. 204. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) General Requirements.--Section 47118(a) is amended--
(1) by striking ``not more than 15'';
(2) by inserting after the first sentence the following:
``The maximum number of airports which may be designated by the
Secretary under this section at any time is 10.''; and
(3) by striking ``reduce delays'' and all that follows
through ``landings'' and inserting the following: ``enhance
airport and air traffic control system capacity in major
metropolitan areas and reduce current and projected flight
delays''.
(b) Survey and Considerations.--Section 47118 is amended--
(1) in subsections (a) and (d) by striking ``section
47117(e)(1)(E)'' and inserting ``section 47117(e)(1)(B)''; and
(2) by striking subsections (b) and (c) and redesignating
subsections (d), (e), and (f) as subsections (b), (c), and (d),
respectively.
(c) Parking Lots, Fuel Farms, and Utilities.--Subsection (d) of
section 47118, as redesignated by subsection (b) of this section, is
amended by striking ``the fiscal years ending September 30, 1993-
1996,'' and inserting ``for fiscal years beginning after September 30,
1992,''.
SEC. 205. SELECT PANEL ON AIRPORT AND AGENCY FINANCING.
(a) Establishment.--There is established an advisory committee
which shall be known as the Select Panel on Airport and Agency
Financing (hereinafter in this section referred to as the ``panel'').
(b) Functions.--The panel shall evaluate and recommend innovative
financing mechanisms for ensuring adequate funding for airport capital
needs and Federal Aviation Administration capital and operating needs.
(c) Membership.--The panel shall consist of 15 members as follows:
(1) 7 members appointed by the Secretary of Transportation,
in consultation with the Secretary of the Treasury, of whom--
(A) 3 shall have expertise in aviation; and
(B) 3 shall have expertise in financing, including
at least 1 with expertise in airport financing.
(2) 8 members appointed by Congress as follows:
(A) 1 member appointed by each of the chairman and
ranking minority member of the Committee on
Transportation and Infrastructure of the House of
Representatives.
(B) 1 member appointed by each of the chairman and
ranking minority member of the Committee on
Appropriations of the House of Representatives.
(C) 1 member appointed by each of the chairman and
ranking minority member of the Committee on Commerce,
Science, and Transportation of the Senate.
(D) 1 member appointed by each of the chairman and
ranking minority member of the Committee on
Appropriations of the Senate.
(d) Restriction on Appointment of Current Aviation Employees.--A
member appointed under subsection (c)(1) may not be an employee of an
airline, airport, or aviation trade association at the time of
appointment or while serving on the panel.
(e) Chairman.--The Secretary of Transportation, in consultation
with the Secretary of the Treasury, shall designate a chairman of the
panel from among the members appointed under subsection (c)(1).
(f) Charter.--The Secretary of Transportation, in consultation with
the Secretary of the Treasury, shall provide the panel with a charter
of the matters to be evaluated and addressed by the panel. The charter,
at a minimum, shall direct the panel to undertake the following:
(1) Evaluate and identify current and expected airport
capital needs and Federal Aviation Administration capital and
operating needs.
(2) Assess the ability of various financing mechanisms to
meet airport capital requirements by type and size of airport.
The financing mechanisms to be assessed under this paragraph
include the airport improvement program, passenger facility
charges, tax-exempt bonds, State and local assistance, airport
privatization, infrastructure banks, government-sponsored
enterprises, and leveraging of Federal airport funding. In
conducting the assessment under this paragraph, the panel shall
consider the special problems of non-hub airports and general
aviation airports.
(3) Based on alternative funding scenarios for the airport
improvement program ranging from elimination of funding to full
funding to current amounts made available, assess and recommend
alternative financing approaches that will address airport
capital requirements.
(4) Assess the ability of various financing mechanisms to
fund the operations of the Federal Aviation Administration in a
manner that will provide for future growth in the Nation's air
traffic system, improve the management and performance of the
air traffic control system, and make the Administration more
efficient and effective. The financing mechanisms to be
assessed under this paragraph include loan guarantees,
financial partnerships with for-profit private sector entities,
multi-year appropriations, revolving loan funds, mandatory
spending authority, authority to borrow, restructured grant
programs, and user fees.
(g) Independent Audit.--
(1) Contracts.--Immediately following the appointment of
the panel, the panel shall contract with an entity independent
of the Federal Aviation Administration and the Department of
Transportation to conduct a complete audit of the financial
requirements of the Administration, including anticipated air
traffic forecasts, other workload measures, and estimated
productivity gains which lead to budgetary requirements.
(2) Deadline.--The independent audit shall be completed no
later than 180 days after the date of the contract award and
shall be submitted to the panel.
(3) Funding.--The Administrator of the Federal Aviation
Administration shall make available to the panel from funds
appropriated to the Administration for headquarters operations
such sums as may be necessary to enter into a contract under
this subsection.
(h) Travel and Per Diem.--Each member of the panel shall be paid
actual travel expenses, and per diem in lieu of subsistence expenses,
when away from his or her usual place of residence, in accordance with
section 5703 of title 5, United States Code.
(i) Utilization of Personnel From FAA.--The Administrator shall
make available to the panel such staff, information, and administrative
services and assistance as may reasonably be required to enable the
panel to carry out its responsibilities under this section.
(j) Report.--Not later than 1 year after the date of the
appointment of the last member to the panel under subsection (c), the
panel shall submit to Congress and the Administrator a report on the
results of the review conducted under this section.
(k) GAO Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall transmit to the
panel and Congress an independent assessment of airport needs.
TITLE III--AIRPORT IMPROVEMENT PROGRAM MODIFICATIONS
SEC. 301. INTERMODAL PLANNING.
(a) Policies.--Section 47101(g) is amended to read as follows:
``(g) Intermodal Planning.--To carry out the policy of subsection
(a)(5) of this section, the Secretary of Transportation shall take each
of the following actions:
``(1) Coordination in development of airport plans and
programs.--Cooperate with State and local officials in
developing airport plans and programs that are based on overall
transportation needs. The airport plans and programs shall be
developed in coordination with other transportation planning
and considering comprehensive long-range land-use plans and
overall social, economic, environmental, system performance,
and energy conservation objectives. The process of developing
airport plans and programs shall be continuing, cooperative,
and comprehensive to the degree appropriate to the complexity
of the transportation problems.
``(2) Goals for airport master and system plans.--Encourage
airport sponsors and State and local officials to develop
airport master plans and airport system plans that--
``(A) foster effective coordination between
aviation planning and metropolitan planning;
``(B) include an evaluation of aviation needs
within the context of multimodal planning; and
``(C) are integrated with metropolitan plans to
ensure that airport development proposals include
adequate consideration of land use and ground
transportation access.
``(3) Representation of airport operators on mpo's.--
Encourage metropolitan planning organizations, particularly in
areas with populations greater than 200,000, to establish
membership positions for airport operators.''.
(b) Requirements for Project Grant Applications.--Section 47106(a)
is amended--
(1) by inserting ``, including transportation and land use
plans'' before the semicolon at the end of paragraph (1);
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) with respect to a project for the location of an
airport, the sponsor has--
``(A) provided the metropolitan planning
organization authorized to conduct metropolitan
planning for the area in which the airport is to be
located with not less than 30 days (i) to review the
airport master plan or the airport layout plan in which
the project is described and depicted, and (ii) to
submit comments on such plans to the sponsor; and
``(B) included in the sponsor's application to the
Secretary the sponsor's written responses to any
comments made by the metropolitan planning
organization.''.
SEC. 302. COMPLIANCE WITH FEDERAL MANDATES.
(a) Use of AIP Grants.--Section 47102(3) is amended--
(1) in subparagraph (E) by inserting ``or under section
40117'' before the period at the end; and
(2) in subparagraph (F) by striking ``paid for by a grant
under this subchapter and''.
(b) Use of Passenger Facility Charges.--Section 40117(a)(3) is
amended--
(1) by inserting ``and'' at the end of subparagraph (D);
(2) by striking ``; and'' at the end of subparagraph (E)
and inserting a period; and
(3) by striking subparagraph (F).
SEC. 303. RUNWAY MAINTENANCE PROGRAM.
(a) Authority.--Section 47105 is amended by adding at the end the
following:
``(g) Runway Maintenance Program.--The Secretary may carry out a
pilot program in each of fiscal years 1997, 1998, and 1999 under which
the Secretary may approve applications under this subchapter for not
more than 10 projects in each of such fiscal years to preserve and
extend the useful life of runways and taxiways at any airport for which
an amount is apportioned under section 47114(d).''.
(b) Inclusion in Airport Development Activities.--Section 47102(3)
is amended by adding at the end the following:
``(H) preserving and extending the useful life of
runways and taxiways at a public-use airport under the
pilot program authorized by section 47105(g) of this
title.''.
SEC. 304. ACCESS TO AIRPORTS BY INTERCITY BUSES.
Section 47107(a) is amended--
(1) by striking ``and'' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting ``; and''; and
(3) by adding at the end the following:
``(20) the airport owner or operator will permit, to the
maximum extent practicable, intercity buses to have access to
the airport.''.
SEC. 305. COST REIMBURSEMENT FOR PROJECTS COMMENCED PRIOR TO GRANT
AWARD.
(a) Cost Reimbursement.--Section 47110(b)(2)(C) is amended to read
as follows:
``(C) if the Government's share is paid only with amounts
apportioned under section 47114(c)(1) and (2) of this title and
if the cost is incurred--
``(i) after September 30, 1996;
``(ii) before a grant agreement is executed for the
project; and
``(iii) in accordance with an airport layout plan
approved by the Secretary and with all statutory and
administrative requirements that would have been
applicable to the project if the project had been
carried out after the grant agreement had been
executed.''.
(b) Use of Discretionary Funds.--Section 47110 is amended by adding
at the end the following:
``(g) Use of Discretionary Funds.--A project for which cost
reimbursement is provided under subsection (b)(2)(C) shall not receive
priority consideration with respect to the use of discretionary funds
made available under section 47115 of this title even if the amounts
made available under sections 47114(c)(1) and 47114(c)(2) are not
sufficient to cover the Government's share of the cost of project.''.
SEC. 306. SELECTION OF PROJECTS FOR GRANTS FROM DISCRETIONARY FUND.
Section 47115(d) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) the priority that the State gives to the project; and
``(5) the projected growth in the number of passengers that
will be using the airport at which the project will be carried
out.''.
SEC. 307. STATE BLOCK GRANT PROGRAM.
(a) Participating States.--Section 47128 is amended--
(1) in subsection (a) by striking ``7'' and inserting
``10'';
(2) in subsection (b)(1)--
(A) by striking ``(1)''; and
(B) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5), respectively; and
(3) by striking subsection (b)(2).
(b) Use of State Priority System.--Section 47128(c) is amended--
(1) by striking ``(b)(1) (B) or (C)'' and inserting
``(b)(2) or (b)(3)''; and
(2) by adding at the end the following: ``In carrying out
this subsection, the Secretary shall permit a State to use the
priority system of the State if such system is not inconsistent
with the national priority system.''.
(c) Repeal of Expiration Date.--
(1) In general.--Section 47128 is amended--
(A) by striking ``pilot'' in the section heading;
(B) by striking ``pilot'' in subsection (a); and
(C) by striking subsection (d).
(2) Conforming amendment.--The table of sections for part
471 is amended by striking the item relating to section 47128
and inserting the following:
``47128. State block grant program.''.
SEC. 308. PRIVATE OWNERSHIP OF AIRPORTS.
(a) Establishment of Program.--
(1) In general.--Chapter 471 is further amended by adding
at the end the following:
``Sec. 47133. Private ownership of airports
``(a) Submission of Applications.--If a sponsor intends to sell an
airport or lease an airport for a long term to a person (other than a
public agency), the sponsor and purchaser or lessee may apply to the
Secretary of Transportation for exemptions under this section.
``(b) Approval of Applications.--The Secretary may approve, with
respect to not more than 6 airports, applications submitted under
subsection (a) granting exemptions from the following provisions:
``(1) Use of revenues.--
``(A) In general.--The Secretary may grant an
exemption to a sponsor from the provisions of sections
44706(d) and 47107(b) of this title (and any other law,
regulation, or grant assurance) to the extent necessary
to permit the sponsor to recover from the sale or lease
of the airport such amount as may be approved--
``(i) by at least 60 percent of the air
carriers serving the airport; and
``(ii) by the air carrier or air carriers
whose aircraft landing at the airport during
the preceding calendar year had a total landed
weight during the preceding calendar year of at
least 60 percent of the total landed weight of
all aircraft landing at the airport during such
year.
``(B) Landed weight defined.--In this paragraph,
the term `landed weight' means the weight of aircraft
transporting passengers or cargo, or both, in
intrastate, interstate, and foreign air transportation,
as the Secretary determines under regulations the
Secretary prescribes.
``(2) Repayment requirements.--The Secretary may grant an
exemption to a sponsor from the provisions of sections 44706(d)
and 47107(b) of this title (and any other law, regulation, or
grant assurance) to the extent necessary to waive any
obligation of the sponsor to repay to the Federal Government
any grants, or to return to the Federal Government of any
property, received for the airport under this title, the
Airport and Airway Improvement Act of 1982, or any other law.
``(3) Compensation from airport operations.--The Secretary
may grant an exemption to a purchaser or lessee from the
provisions of sections 44706(d) and 47107(b) of this title (and
any other law, regulation, or grant assurance) to the extent
necessary to permit the purchaser or lessee to earn
compensation from the operations of the airport.
``(c) Terms and Conditions.--The Secretary may approve an
application under subsection (b) only if the Secretary finds that the
sale or lease agreement includes provisions satisfactory to the
Secretary to ensure the following:
``(1) The airport will continue to be available for public
use on reasonable terms and conditions and without unjust
discrimination.
``(2) The operation of the airport will not be interrupted
in the event that the purchaser or lessee becomes insolvent or
seeks or becomes subject to any State or Federal bankruptcy,
reorganization, insolvency, liquidation, or dissolution
proceeding or any petition or similar law seeking the
dissolution or reorganization of the purchaser or lessee or the
appointment of a receiver, trustee, custodian, or liquidator
for the purchaser or lessee or a substantial part of the
purchaser or lessee's property, assets, or business.
``(3) The purchaser or lessee will maintain and improve the
facilities of the airport.
``(4) Every fee of the airport imposed on an air carrier on
the day before the date of the sale or lease of the airport
will not increase faster than the rate of inflation unless a
higher amount is agreed to by the air carrier or air carriers
that carried more than 50 percent of the total passenger
boardings at the airport in the preceding calendar year.
``(5) Safety and security at the airport will be maintained
at the highest possible levels.
``(6) The adverse effects of noise from operations at the
airport will be mitigated to the same extent as at a public
airport.
``(7) Any adverse effects on the environment from airport
operations will be mitigated to the same extent as at a public
airport.
``(d) Participation of Certain Airports.--If the Secretary approves
under subsection (b) applications with respect to 6 airports, at least
one of the airports must be an airport that is not a commercial service
airport.
``(e) Passenger Facility Fees; Apportionments.--An airport
receiving an exemption under subsection (b) shall not be prohibited
from imposing a passenger facility fee under section 40117 of this
title or receiving apportionments under section 47114 notwithstanding
that the sponsor of the airport is not a public agency.
``(f) Effectiveness of Exemptions.--An exemption granted under
subsection (b) shall continue in effect only so long as the facilities
sold or leased continue to be used for airport purposes.''.
(2) Conforming amendment.--The table of sections for such
chapter is further amended by adding at the end the following:
``47133. Private ownership of airports.''.
(b) Taxation.--Section 40116(b) is amended--
(1) by striking ``a State or'' and inserting ``a State,
a''; and
(2) by inserting after ``of a State'' the following: ``,
and any person that has purchased or leased an airport under
section 47133 of this title''.
(c) Resolution of Airport-Air Carrier Disputes Concerning Airport
Fees.--Section 47129(a) is amended by adding at the end the following:
``(4) Fees imposed by privately-owned airports.--In
evaluating the reasonableness of a fee imposed by an airport
receiving an exemption under section 47133 of this title, the
Secretary shall consider whether the airport has complied with
section 47133(c)(4).''.
SEC. 309. USE OF NOISE SET-ASIDE FUNDS BY NON-AIRPORT SPONSORS.
Section 47505 is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) in subsection (c), as so redesignated, by striking
``subsection (a) of'' and inserting ``subsection (a) or (b)
of''; and
(3) by inserting after subsection (a) the following:
``(b) Grants to Non-Airport Sponsors.--
``(1) Authority.--The Secretary may make a grant under this
subsection to a State or unit of local government that is not
the owner or operator of the airport for preparation of an
airport land use compatibility plan or implementation of an
airport land use compatibility project.
``(2) Planning authority.--In order to be eligible to
receive a grant under this subsection for preparation of an
airport land use compatibility plan, the State or unit of local
government must have authority to plan and adopt land use
control measures, including zoning, in the planning area.
``(3) Coordination of planning activities.--
``(A) Consistency with other planning.--An airport
land use compatibility plan prepared by a State or unit
of local government under this subsection may not
duplicate or be inconsistent with an airport noise
compatibility program prepared by an airport operator
under this chapter or with other planning carried out
by the airport operator.
``(B) Consultation with airport owners and
operators.--A State or unit of local government
receiving a grant under this subsection for preparation
of an airport land use compatibility plan shall consult
with the owner or operator of the airport for which the
plan is being prepared regarding any recommended
airport land use compatibility measure identified in
the plan and any aviation data on which such
recommendation is made.
``(4) Approval of airport owner or operator required.--The
Administrator may make a grant to a State or unit of local
government under this subsection for preparation of an airport
land use compatibility plan or implementation of an airport
land use compatibility project only after receiving the
approval of the owner or operator of the airport for which the
plan or project is being prepared or implemented. Such approval
shall be based on whether the plan or program, including the
use of any noise exposure contours on which the plan or project
is based, has been coordinated with the airport and is
consistent with airport operation and planning.
``(5) Written assurances.--The Administrator may make a
grant to a State or unit of local government under this
subsection only after receiving from the State or unit of local
government such written assurances as the Administrator
determines necessary to achieve the purposes of this
subsection.
``(6) Guidelines.--The Administrator may establish
guidelines in carrying out this subsection.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Airport compatible land use.--The term
`airport compatible land use' means any land use that
is usually compatible with--
``(i) the noise levels associated with an
airport, as established under this chapter;
``(ii) airport design standards issued by
the Administrator; and
``(iii) regulations issued to carry out
section 44718 of this title.
``(B) Airport land use compatibility plan.--The
term `airport land use compatibility plan' means the
product of a process to determine the extent, type,
nature, location, and timing of measures to improve the
compatibility of land use with the existing forecast
level of aviation activity at an airport.
``(C) Airport land use compatibility project.--The
term `airport land use compatibility project' means a
project that is contained in an airport land use
compatibility plan and determined by the Administrator
to enhance airport compatible land use.''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. PURCHASE OF HOUSING UNITS.
Section 40110 is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Purchase of Housing Units.--
``(1) Authority.--In carrying out this part, the
Administrator may purchase a housing unit (including a
condominium or a housing unit in a building owned by a
cooperative) that is located outside the contiguous United
States if the cost of the unit is $200,000 or less.
``(2) Continuing obligations.--Notwithstanding section 1341
of title 31, United States Code, the Administrator may purchase
a housing unit under paragraph (1) even if there is an
obligation thereafter to pay necessary and reasonable fees duly
assessed upon such unit, including fees related to operation,
maintenance, taxes, and insurance.
``(3) Certification to congress.--The Administrator may
purchase a housing unit under paragraph (1) only if, at least
30 days before completing the purchase, the Administrator
transmits to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing--
``(A) a description of the housing unit and its
price;
``(B) a certification that the price does not
exceed the median price of housing units in the area;
and
``(C) a certification that purchasing the housing
unit is the most cost-beneficial means of providing
necessary accommodations in carrying out this part.
``(4) Payment of fees.--The Administrator may pay, when
due, fees resulting from the purchase of a housing unit under
this subsection from any amounts made available to the
Administrator.''.
SEC. 402. TECHNICAL CORRECTION RELATING TO STATE TAXATION.
Section 40116(b) of title 49, United States Code, is amended by
striking ``subsection (c) of this section and''.
SEC. 403. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION.
(a) In General.--Chapter 401 is amended by redesignating section
40120 as section 40121 and by inserting after section 40119 the
following:
``Sec. 40120. Protection of voluntary submission of information
``(a) General Rule.--Notwithstanding any other provision of law,
neither the Administrator of the Federal Aviation Administration, nor
any agency receiving information from the Administrator, may disclose
voluntarily provided safety or security related information if the
Administrator finds that--
``(1) the disclosure of the information would inhibit the
voluntary provision of that type of information;
``(2) the receipt of that type of information would aid in
fulfilling the Administrator's safety and security
responsibilities; and
``(3) the information was provided to the Administrator for
a purpose other than to avoid an enforcement action.
``(b) Regulations.--The Administrator may issue regulations to
carry out this section.''.
(b) Conforming Amendment.--The table of sections for chapter 401 is
amended by striking the item relating to section 40120 and inserting
the following:
``40120. Protection of voluntary submission of information.
``40121. Relationship to other laws.''.
SEC. 404. SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Supplemental Type Certificates.--
``(1) Issuance.--The Administrator may issue a type
certificate designated as a supplemental type certificate for a
change to an aircraft, aircraft engine, propeller, or
appliance.
``(2) Contents.--A supplemental type certificate issued
under paragraph (1) shall consist of the change to the
aircraft, aircraft engine, propeller, or appliance with respect
to the previously issued type certificate for the aircraft,
aircraft engine, propeller, or appliance.
``(3) Requirement.--If the holder of a supplemental type
certificate agrees to permit another person to use the
certificate to modify an aircraft, aircraft engine, propeller,
or appliance, the holder shall provide the other person with
written evidence, in a form acceptable to the Administrator, of that
agreement. A person may change an aircraft, aircraft engine, propeller,
or appliance based on a supplemental type certificate only if the
person requesting the change is the holder of the supplemental type
certificate or has permission from the holder to make the change.''.
SEC. 405. RESTRICTION ON USE OF REVENUES.
(a) In General.--Section 44706 is amended by adding at the end the
following:
``(d) Use of Revenues.--
``(1) Prohibition.--A person holding an airport operating
certificate under this section may not expend local taxes on
aviation fuel (except taxes in effect on December 30, 1987) or
the revenues generated by the airport for any purpose other
than the capital or operating costs of--
``(A) the airport;
``(B) the local airport system; or
``(C) other local facilities owned or operated by
the person and directly and substantially related to
the air transportation of passengers or property.
``(2) Exceptions.--Paragraph (1) does not apply if a
provision enacted not later than September 2, 1982, in a law
controlling financing by the owner or operator, or a covenant
or assurance in a debt obligation issued not later than
September 2, 1982, by the owner or operator, provides that the
revenues, including local taxes on aviation fuel at public
airports, from any of the facilities of the owner or operator,
including the airport, be used to support not only the airport
but also the general debt obligations or other facilities of
the owner or operator.
``(3) Authority to issue waivers to airports not receiving
grant assistance.--The Administrator may waive the application
of paragraph (1) with respect to any airport that has not
received grant assistance under chapter 471 of this title or
the Airport and Airway Improvement Act of 1982 in the 10-year
period ending on the date of the enactment of this subsection.
``(4) Limitation on statutory construction.--This
subsection does not prevent the use of a State tax on aviation
fuel to support a State aviation program or the use of airport
revenue on or off the airport for a noise mitigation
purpose.''.
(b) Penalties.--Section 46301(a)(5) is amended to read as follows:
``(5) Penalty for diversion of aviation revenues.--The
amount of a civil penalty assessed under this section for a
violation of section 47107(b) of this title (or any assurance
made under such section) or section 44706(d) of this title may
be increased above the otherwise applicable maximum amount
under this section to an amount not to exceed 3 times the
amount of revenues that are used in violation of such
section.''.
SEC. 406. DISCRETIONARY AUTHORITY FOR CRIMINAL HISTORY RECORDS CHECKS.
(a) In General.--Section 44936(a)(1) is amended--
(1) by striking ``(1) The Administrator'' and inserting the
following:
``(1) Employees.--
``(A) Persons with access to aircraft and other
secured areas.--The Administrator'';
(2) by moving the remainder of the text of subparagraph
(A), as designated by paragraph (1) of this subsection, 2 ems
to the right;
(3) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively; and
(4) by adding at the end the following:
``(B) Persons responsible for screening passengers
and property.--
``(i) In general.--The Administrator may
require by regulation that an employment
investigation (including a criminal history
record check in cases in which the employment
investigation reveals a gap in employment of 12
months or more that the individual does not
satisfactorily account for) be conducted for
individuals who will be responsible for
screening passengers and property under section
44901 of this title and their supervisors.
``(ii) Special rule.--If an individual
requires a criminal history record check under
clause (i), the individual may be employed as a
screener until the check is completed if the
individual is subject to supervision.''.
(b) Applicability.--The amendments made by subsection (a) shall not
apply to an individual employed as a screener, or a supervisor of
screeners, on the day before the date of the enactment of this Act.
SEC. 407. AUTHORITY TO CLOSE AIRPORT LOCATED NEAR CLOSED OR REALIGNED
MILITARY BASE.
Notwithstanding any other provision of a law, rule, or grant
assurance, an airport that is not a commercial service airport may be
closed by its sponsor without any obligation to repay grants made under
chapter 471 of title 49, United States Code, the Airport and Airway
Improvement Act of 1982, or any other law if the airport is located
within 3 miles of a military base which has been closed or realigned.
SEC. 408. CONSTRUCTION OF RUNWAYS.
Notwithstanding section 332 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (109 Stat. 457) or any other
provision of law that specifically restricts the number of runways at a
single international airport, the Secretary of Transportation may
obligate funds under chapters 471 and 481 of title 49, United States
Code, for any project to construct a new runway at such airport, unless
this section is expressly repealed.
TITLE V--METROPOLITAN WASHINGTON AIRPORTS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Metropolitan Washington Airports
Amendments Act of 1996''.
SEC. 502. AMENDMENT OF METROPOLITAN WASHINGTON AIRPORTS ACT OF 1986.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Metropolitan Washington
Airports Act of 1986 (100 Stat. 3341-376 et seq.).
SEC. 503. USE OF LEASED PROPERTY.
Section 6005(c)(2) is amended by inserting before the period at the
end of the second sentence the following: ``which are not inconsistent
with the needs of aviation''.
SEC. 504. BOARD OF DIRECTORS.
(a) Appointment of Additional Members.--Section 6007(e)(1) is
amended--
(1) in the matter preceding subparagraph (A) by striking
``11'' and inserting ``15'';
(2) in subparagraph (D) by striking ``one member'' and
inserting ``five members''.
(b) Restrictions.--Section 6007(e)(2) is amended by striking
``except that'' and all that follows through the period and inserting
``except that the members appointed by the President shall be
registered voters of States other than Maryland, Virginia, or the
District of Columbia.''.
(c) Terms.--Section 6007(e)(3) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) by the President after the date of the
enactment of this subparagraph, 2 shall be appointed
for 4 years.
A member may serve after the expiration of that member's term
until a successor has taken office.''.
(d) Vacancies.--Section 6007(e) is further amended by redesignating
paragraphs (4) and (5) as paragraphs (7) and (8), respectively, and by
inserting after paragraph (3) the following:
``(4) Vacancies.--A vacancy in the board of directors shall
be filled in the manner in which the original appointment was
made. Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of such
term.''.
(e) Political Parties of Presidential Appointees.--Section 6007(e)
is further amended by inserting after paragraph (4), as inserted by
subsection (d) of this section, the following:
``(5) Political parties of presidential appointees.--Not
more than 3 of the members of the board appointed by the
President may be of the same political party.''.
(f) Duties of Presidential Appointees.--Section 6007(e) is further
amended by inserting after paragraph (5), as inserted by subsection (e)
of this section, the following:
``(6) Duties of presidential appointees.--In carrying out
their duties on the board, members of the board appointed by
the President shall ensure that adequate consideration is given
to the national interest.''.
(g) Required Number of Votes.--Section 6007(e)(8), as redesignated
by subsection (d) of this section, is amended by striking ``Seven'' and
inserting ``Nine''.
SEC. 505. FEDERAL ADVISORY COMMISSION.
(a) In General.--Section 6007(f) is amended by striking the
subsection designation, heading, and paragraph (1) and inserting the
following:
``(f) Federal Advisory Commission.--
``(1) Composition.--There is established a Federal Advisory
Commission of the Airports Authority which shall represent the
interests of users of the Metropolitan Washington Airports and
shall be composed of 9 members appointed by the Secretary of
Transportation.''.
(b) References to Board of Review.--The Act is amended--
(1) in section 6007(f) by striking ``Board of Review'' each
place it appears and inserting ``Federal Advisory Commission'';
(2) in section 6007(f)(3)--
(A) in the third sentence by striking ``Board''
each place it appears and inserting ``Commission''; and
(B) in the fourth sentence by striking ``Board''
the second place it appears and inserting
``Commission'';
(3) in the second sentence of section 6007(f)(6), as
redesignated by section 8(a) of this Act, by striking ``Board''
and inserting ``Commission'';
(4) in section 6007(f)(7), as redesignated by section 8(a)
of this Act, by striking ``Board'' the second place it appears
and inserting ``Commission''; and
(5) in section 6009(b) by striking ``Board of Review'' and
inserting ``Federal Advisory Commission''.
(c) Other Conforming Amendments.--Section 6007(f)(2) is amended--
(1) in subparagraph (A)--
(A) by striking ``paragraphs (1)(A) and (1)(B)''
and inserting ``paragraph (1)''; and
(B) by striking the second sentence; and
(2) in subparagraph (D) by striking ``and lists have been
provided for appointments to fill such vacancies''.
SEC. 506. REVIEW PROCEDURE.
(a) Submission of Actions.--Section 6007(f)(4)(A) is amended to
read as follows:
``(A) Submission required.--
``(i) In general.--An action of the
Airports Authority described in subparagraph
(B) shall be submitted to the Federal Advisory
Commission, the Speaker of the House of
Representatives, and the President Pro Tempore
of the Senate at least 60 days before the
action is to become effective.
``(ii) Urgent and compelling
circumstances.--An action submitted to the
Federal Advisory Commission and Congress in
accordance with clause (i) may become effective
before the expiration of the 60-day period
referred to in clause (i) if the board of
directors certifies, in writing, to the
Secretary and Congress that urgent and
compelling circumstances exist that
significantly affect the interests of the
traveling public and will not permit waiting
for the expiration of such 60-day period.''.
(b) Recommendations.--Section 6007(f)(4)(C) is amended to read as
follows:
``(C) Recommendations.--The Federal Advisory
Commission may make to the board of directors and
Congress recommendations regarding an action within 30
calendar days of its submission under this paragraph.
Such recommendations may include a recommendation that
the action not take effect.''.
(c) Effect of Recommendations.--
(1) Repeal.--Section 6007(f)(4) is amended by striking
subparagraph (D) and by redesignating subparagraph (E) as
subparagraph (D).
(2) Conforming amendment.--Section 6007(f)(5)(B) is amended
by striking ``paragraph (4)(D)(ii)'' and inserting ``paragraph
(4)''.
(d) Expiration of Authority.--Section 6007(f)(4) is amended by
adding at the end the following:
``(E) Expiration of authority.--
``(i) In general.--Except as provided in
clause (ii), the authority of the Airports
Authority to take any of the actions described
in subparagraph (B) shall expire on April 30,
1997.
``(ii) Special rule.--If on any day after
April 29, 1997, all of the members to be
appointed to the board of directors by the
President under section 6007(e)(1)(D) are
serving on the board, the authority of the
board referred to in clause (i) shall be
effective beginning on such day and shall
expire on September 30, 1998.''.
(e) Protection of Certain Actions.--Actions taken by the
Metropolitan Washington Airports Authority and submitted to the Board
of Review pursuant to section 6007(f)(4) of the Metropolitan Washington
Airports Act of 1986 before the date of the enactment of this Act shall
remain in effect and shall not be set aside solely by reason of a
judicial order invalidating certain functions of the Board of Review.
SEC. 507. CONGRESSIONAL DISAPPROVAL PROCEDURES.
(a) Committee Referral.--Section 6007(f)(5)(C) is amended--
(1) by striking ``Public Works and Transportation'' and
inserting ``Transportation and Infrastructure''; and
(2) by striking ``Commerce, Science and Technology'' and
inserting ``Commerce, Science, and Transportation''.
(b) House Procedure.--Section 6007(f)(5) is amended--
(1) by striking subparagraphs (D), (E), and (F);
(2) by redesignating subparagraphs (G) and (H) as
subparagraphs (E) and (F), respectively; and
(3) by inserting after subparagraph (C) the following:
``(D) House procedure.--When the committee of the
House has reported a resolution, it is at any time
(consistent with clause 2(l)(6) of rule 11 of the Rules
of the House of Representatives) in order for the
chairman of the committee or his or her designee to
move that the House proceed to the consideration of the
resolution in the House. All points of order against
the resolution and against consideration of the
resolution are waived. The motion is highly privileged.
The previous question shall be considered as ordered on
that motion to its adoption without intervening motion.
A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. During
consideration of the resolution, the first reading of
the resolution shall be dispensed with. Debate shall
proceed without intervening motion, shall be confined
to the resolution, and shall not exceed 2 hours equally
divided and controlled by the chairman and ranking
minority member of the committee. The previous question
shall be considered as ordered on the resolution to
final passage without intervening motion. A motion to
reconsider the vote on passage of the resolution shall
not be in order.''.
SEC. 508. OTHER MATTERS RELATING TO FEDERAL ADVISORY COMMISSION.
(a) Request for Consideration of Other Matters; Participation in
Meetings.--Section 6007(f) is amended by striking paragraphs (6) and
(7) and by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (6), (7), (8), and (9), respectively.
(b) Removal of Federal Advisory Commission Members.--Section
6007(f)(9), as redesignated by subsection (a) of this section, is
amended by striking ``by a two-thirds vote of the board of directors''
and inserting ``by the Secretary of Transportation''.
SEC. 509. EFFECT OF JUDICIAL ORDERS.
(a) In General.--Section 6007 is amended by striking subsection (h)
and by redesignating subsection (i) as subsection (h).
(b) Conforming Amendment.--Section 6011 is amended by striking
``Except as provided in section 6007(h), if'' and inserting ``If''.
SEC. 510. FEDERAL ADVISORY COMMITTEE ACT.
Section 6007 is further amended by inserting after subsection (h),
as redesignated by section 9(a) of this Act, the following:
``(i) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Federal Advisory
Commission.''.
SEC. 511. USE OF DULLES ACCESS HIGHWAY.
The Act is further amended by adding at the end the following:
``SEC. 6013. USE OF DULLES ACCESS HIGHWAY.
``(a) Restrictions.--The Airports Authority shall continue in
effect and enforce paragraphs (1) and (2) of section 4.2 of the
Metropolitan Washington Airports Regulations, as in effect on February
1, 1995.
``(b) Enforcement.--The district courts of the United States shall
have jurisdiction to compel the Airports Authority and its officers and
employees to comply with the requirements of this section. An action
may be brought on behalf of the United States by the Attorney General,
or by any aggrieved party.''.
SEC. 512. AMENDMENT OF LEASE.
The Secretary of Transportation shall amend the lease entered into
with the Metropolitan Washington Airports Authority under section
6005(a) of the Metropolitan Washington Airports Authority Act of 1986
to secure the Airports Authority's consent to the amendments made to
such Act by this Act.
SEC. 513. AVAILABILITY OF SLOTS.
(a) In General.--Section 41714 of title 49, United States Code, is
amended--
(1) in subsections (a)(1), (b)(1), and (c)(1) by striking
``(other than Washington National Airport)''; and
(2) by redesignating subsection (h) as subsection (i) and
by inserting after subsection (g) the following:
``(h) Limitation on Authority To Grant Exemptions.--The Secretary
shall not issue an exemption under this section to the requirements of
subparts K and S of part 93 of title 14 of the Code of Federal
Regulations (pertaining to slots at high density airports) if the grant
of such exemption would adversely affect safety.''.
(b) Conforming Amendment.--Section 6009(e)(1) is amended by
striking ``The Administrator'' and inserting ``Except as provided by
section 41714 of title 49, United States Code, the Administrator''.
TITLE VI--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND TAXES AND
EXPENDITURE AUTHORITY
SEC. 601. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXCISE TAXES.
(a) Fuel Taxes.--
(1) Subparagraph (A) of section 4091(b)(3) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(A) The rate of tax specified in paragraph (1)
shall be 4.3 cents per gallon--
``(i) after December 31, 1995, and before
the date which is 30 days after the date of the
enactment of the Federal Aviation Authorization
Act of 1996, and
``(ii) after December 31, 1999.''
(2) Section 4081(d) of such Code is amended--
(A) by adding at the end the following new
paragraph:
``(3) Aviation gasoline.--After December 31, 1999, the rate
of tax specified in subsection (a)(2)(A)(i) on aviation
gasoline shall be 4.3 cents per gallon.'', and
(B) by inserting ``(other than the tax on aviation
gasoline)'' after ``subsection (a)(2)(A)''.
(3) Section 4041(c)(5) of such Code is amended by inserting
``, and during the period beginning on the date which is 30
days after the date of the enactment of the Federal Aviation
Authorization Act of 1996 and ending on December 31, 1999''
after ``December 31, 1995''.
(b) Ticket Taxes.--Sections 4261(g) and 4271(d) of such Code are
each amended by striking ``January 1, 1996'' and inserting ``January 1,
1996, and to transportation beginning on or after the date which is 30
days after the date of the enactment of the Federal Aviation
Authorization Act of 1996 and before January 1, 2000''.
(c) Transfers to Airport and Airway Trust Fund.--
(1) Subsection (b) of section 9502 of such Code is amended
by striking ``January 1, 1996'' each place it appears and
inserting ``January 1, 2000''.
(2) Paragraph (3) of section 9502(f) of such Code is
amended to read as follows:
``(3) Termination.--Notwithstanding the preceding
provisions of this subsection, the Airport and Airway Trust
Fund financing rate shall be zero with respect to--
``(A) taxes imposed after December 31, 1995, and
before the date which is 30 days after the date of the
enactment of the Federal Aviation Authorization Act of
1996, and
``(B) taxes received after December 31, 1999.''
(3) Subsection (d) of section 9502 of such Code is amended
by adding at the end the following new paragraph:
``(5) Transfers from airport and airway trust fund on
account of refunds of taxes on transportation by air.--The
Secretary of the Treasury shall pay from time to time from the
Airport and Airway Trust Fund into the general fund of the
Treasury amounts equivalent to the amounts paid after December
31, 1995, under section 6402 (relating to authority to make
credits or refunds) or section 6415 (relating to credits or
refunds to persons who collected certain taxes) in respect of
taxes under sections 4261 and 4271.''
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act, except
that the amendment made by subsection (b) shall not apply to
any amount paid on or before such date.
(2) Transfers.--The amendments made by subsection (c) shall
take effect on January 1, 1996.
SEC. 602. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES.
(a) Extension of Expenditure Authority.--Paragraph (1) of section
9502(d) of the Internal Revenue Code of 1986 is amended by striking
``October 1, 1996'' and inserting ``October 1, 1999''.
(b) Extension of Trust Fund Purposes.--Subparagraph (A) of section
9502(d)(1) of such Code is amended by adding at the end ``or the
Federal Aviation Authorization Act of 1996''.
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