[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3539 Placed on Calendar Senate (PCS)]
Calendar No. 588
104th CONGRESS
2d Session
H. R. 3539
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes.
_______________________________________________________________________
September 12, 1996
Received; read twice and placed on the calendar
Calendar No. 588
104th CONGRESS
2d Session
H. R. 3539
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 1996
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
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. National Civil Aviation Review Commission.
Sec. 206. Innovative financing techniques.
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. Issuance of letters of intent.
Sec. 307. Selection of projects for grants from discretionary fund.
Sec. 308. Small airport fund.
Sec. 309. State block grant program.
Sec. 310. Private ownership of airports.
Sec. 311. Use of noise set-aside funds by non-airport sponsors.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Elimination of dual mandate.
Sec. 402. Purchase of housing units.
Sec. 403. Technical correction relating to State taxation.
Sec. 404. Use of passenger facility fees for debt financing project.
Sec. 405. Clarification of passenger facility revenues as constituting
trust funds.
Sec. 406. Protection of voluntarily submitted information.
Sec. 407. Supplemental type certificates.
Sec. 408. Restriction on use of revenues.
Sec. 409. Certification of small airports.
Sec. 410. Employment investigations of pilots.
Sec. 411. Child pilot safety.
Sec. 412. Discretionary authority for criminal history records checks.
Sec. 413. Imposition of fees.
Sec. 414. Authority to close airport located near closed or realigned
military base.
Sec. 415. Construction of runways.
Sec. 416. Gadsden Air Depot, Alabama.
Sec. 417. Regulations affecting intrastate aviation in Alaska.
Sec. 418. Westchester County Airport, New York.
Sec. 419. Bedford Airport, Pennsylvania.
Sec. 420. Location of Doppler radar stations, New York.
Sec. 421. Worcester Municipal Airport, Massachusetts.
Sec. 422. Central Florida Airport, Sanford, Florida.
Sec. 423. Aircraft Noise Ombudsman.
Sec. 424. Special rule for privately owned reliever airports.
TITLE V--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES
Sec. 501. Extension of Airport and Airway Trust Fund Expenditures.
TITLE VI--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND
DEVELOPMENT
Sec. 601. Short title.
Sec. 602. Authorization of appropriations.
Sec. 603. Research priorities.
Sec. 604. Research advisory committee.
Sec. 605. National aviation research plan.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in 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, this
Act and the amendments made by this Act 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 only airports.--Section 47114(c)(2) of such title
is amended to read as follows:
``(2) Cargo only airports.--
``(A) Apportionment.--Subject to subparagraph (D),
the Secretary shall apportion an amount equal to 2.5
percent of the amount subject to apportionment each
fiscal year to the sponsors of airports served by
aircraft providing air transportation of only cargo
with a total annual landed weight of more than
100,000,000 pounds.
``(B) Suballocation formula.--Any funds apportioned
under subparagraph (A) to sponsors of airports
described in subparagraph (A) shall be allocated among
those airports in the proportion that the total annual
landed weight of aircraft described in subparagraph (A)
landing at each of those airports bears to the total
annual landed weight of those aircraft landing at all
those airports.
``(C) Limitation.--Not more than 8 percent of the
amount apportioned under subparagraph (A) may be
apportioned for any one airport.
``(D) Distribution to other airports.--Before
apportioning amounts to the sponsors of airports under
subparagraph (A) for a fiscal year, the Secretary may
set-aside a portion of such amounts for distribution to
the sponsors of other airports, selected by the
Secretary, that the Secretary finds will be served
primarily by aircraft providing air transportation of
only cargo.
``(E) Determination of landed weight.--Landed
weight under this paragraph is the landed weight of
aircraft landing at each airport described in
subparagraph (A) during the prior calendar year.''.
(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 at least equal
to the sum of--
``(A) $50,000,000; plus
``(B) 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.
``(h) Allocation of Amounts Exceeding Letter of Intent
Requirements.--Of the amount credited to the fund for a fiscal year
which exceeds 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--
``(1) not less that 15 percent shall be used for system
planning and for making grants to airports that are not
commercial service airports; and
``(2) not less than 30 percent shall be used for making
grants to commercial service airports that each year have less
than .25 percent of the total passenger boardings in the United
States.''.
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 31 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 or 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, Utilities, and Hangars.--Subsection
(d) of section 47118, as redesignated by subsection (b) of this
section, is amended--
(1) in the heading by striking ``and Utilities'' and
inserting ``Utilities, and Hangars'';
(2) by striking ``for the fiscal years ending September 30,
1993-1996,'' and inserting ``for fiscal years beginning after
September 30, 1992,''; and
(3) by striking ``and utilities'' and inserting
``utilities, and hangars''.
SEC. 205. NATIONAL CIVIL AVIATION REVIEW COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Civil Aviation Review Commission (hereinafter in this
section referred to as the ``Commission'').
(b) Functions.--In order to provide Federal policymakers with
objective information and recommendations concerning the future of
civil aviation in the 21st century, the Commission shall conduct a
comprehensive review of aviation safety oversight, airport capital
needs, and the long-term capital and operating funding requirements of
the Federal Aviation Administration. Matters to be studied by the
Commission shall include, but not be limited to, the following:
(1) A review of the overall condition of aviation safety in
the United States and emerging trends in the safety of
particular sectors of the aviation industry. This review shall
include a review of--
(A) the extent to which the dual mission of the
Administration to promote and regulate civil aviation
may undermine aviation safety;
(B) the adequacy of staffing and training resources
for safety personnel of the Administration, including
safety inspectors; and
(C) the Administration's processes for ensuring the
public safety from fraudulent parts in civil aviation
and the extent to which use of suspected unapproved
parts requires additional oversight or enforcement
action.
(2) A review of current and projected airport capital
development needs and an assessment of various financing
mechanisms to meet these needs by type and size of airport.
This review shall include a review of--
(A) alternate financing mechanisms for airports,
including 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 financing that takes into
consideration the special needs of nonhub airports and
general aviation airports; and
(B) the effect of alternate funding levels of the
Federal Aviation Administration airport improvement
program, ranging from elimination of funding to full
funding of airport development requirements.
(3) A review of the Administration's current and projected
financial requirements, alternate methods of financing those
requirements in the future, and recommendations on an overall
long-range financial plan for the Administration which would
provide for future growth in the Nation's air traffic system
while improving the management and performance of the system
and providing for continued safety improvements. Such financing
methods include loan guarantees, financial partnerships with
for-profit private sector entities, multiyear appropriations,
revolving loan funds, mandatory spending authority, authority
to borrow, restructured grant programs, aviation taxes, and
user fees.
(4) A review of the air transportation needs of rural
communities, an assessment of the ability of various financing
mechanisms to fund programs designed to meet those needs, and
an evaluation and recommendation concerning innovative
financing mechanisms designed to meet those needs.
(c) Membership.--The Commission shall be composed of 13 members,
appointed from persons knowledgeable about civil aviation in the United
States and who are specifically qualified by training and experience to
perform the duties of the Commission, as follows:
(1) 3 members appointed by the Secretary of Transportation,
in consultation with the Secretary of the Treasury.
(2) 10 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.
(E) 1 member appointed by each of the chairman and
ranking minority member of the Committee on Ways and
Means of the House of Representatives.
(d) Restriction on Appointment of Current Aviation Employees.--A
member appointed under subsection (c)(1) may not be an employee of an
airline, airport, aviation union, or aviation trade association at the
time of appointment or while serving on the Commission.
(e) Timing of Appointments.--The appointing authorities shall make
their appointments to the Commission not later than 30 days after the
date of the enactment of this Act.
(f) Chairman.--In consultation with the Secretary of
Transportation, the Speaker of the House of Representatives and the
Majority Leader of the Senate shall designate a chairman and vice
chairman from among the members of the Commission not later than 30
days after appointment of the last member to the Commission.
(g) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission, and any vacancy on the
Commission shall not affect its powers but shall be filled in the same
manner, and by the same appointing authority, as the original
appointment.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum to conduct business, but the Commission may
establish a lesser number for conducting hearings scheduled by the
Commission.
(i) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information or documents as the Commission considers necessary
to carry out its duties, unless the head of such department or
agency advises the chairman of the Commission, in writing, that
such information is confidential and that its release to the
Commission would jeopardize aviation safety, the national
security, or pending criminal investigations.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(4) Travel and per diem.--Members and staff of the
Commission shall be paid travel expenses, including per diem in
lieu of subsistence, when away from his or her usual place of
residence, in accordance with section 5703 of title 5, United
States Code.
(j) Independent Audit.--
(1) Contracts.--Immediately following the designation of
the chairman of the Commission, the Commission 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, considering 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 Commission.
(k) Final Report.--Not later than 1 year after the date of the
appointment of the last member to the Commission under subsection (c),
the Commission shall submit to Congress and the Administrator a final
report on the findings of the Commission with corresponding
recommendations. Included with this report shall be the independent
audit required under subsection (j).
(l) Authorization of Appropriations.--There is hereby authorized to
be appropriated $2,400,000 for activities of the Commission, including
the independent audit under subsection (j), to remain available until
expended.
(m) GAO Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall transmit to the
Commission and Congress an independent assessment of airport
development needs.
SEC. 206. INNOVATIVE FINANCING TECHNIQUES.
(a) In General.--The Secretary of Transportation is authorized to
carry out a demonstration program under which the Secretary may approve
applications under subchapter I of chapter 471 of title 49, United
States Code, for not more than 10 projects for which grants received
under such subchapter may be used to implement innovative financing
techniques.
(b) Purpose.--The purpose of the demonstration program shall be to
provide information on the use of innovative financing techniques for
airport development projects to the Congress and the National Civil
Aviation Review Commission established by section 205 of this Act.
(c) Limitation.--In no case shall the implementation of an
innovative financing technique under the demonstration program result
in a direct or indirect guarantee of any airport debt instrument by the
Federal Government.
(d) Innovative Financing Technique Defined.--In this section, the
term ``innovative financing technique'' shall be limited to the
following:
(1) Payment of interest.
(2) Commercial bond insurance and other credit enhancement
associated with airport bonds for eligible airport development.
(3) Flexible non-Federal matching requirements.
(e) Expiration of Authority.--The authority of the Secretary to
carry out the demonstration program shall expire on September 30, 1999.
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 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 paragraphs (1) and (2) of section 47114(c) 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 paragraphs (1) and (2) of section 47114(c) are not
sufficient to cover the Government's share of the cost of project.''.
SEC. 306. ISSUANCE OF LETTERS OF INTENT.
Section 47110(e) is amended--
(1) by redesignating paragraph (6) as paragraph (9); and
(2) by inserting after paragraph (5) the following:
``(6) Cost-benefit regulations.--The Secretary shall issue
regulations to require a cost-benefit analysis for any letter
of intent to be issued under paragraph (1) for a project at an
airport that each year has more than .25 percent of the total
passenger boardings in the United States. Until the date on
which such regulations take effect, the Secretary may not issue
a letter of intent under paragraph (1) for any project that is
not yet under construction and that is to be carried out at an
airport described in the preceding sentence.
``(7) Financing plans.--The Secretary shall require airport
sponsors to provide, as part of any request for a letter of
intent for a project under paragraph (1), specific details on
the proposed financing plan for the project.
``(8) Consideration.--The Secretary shall consider the
effect of a project on overall national air transportation
policy when reviewing requests for letters of intent under
paragraph (1).''.
SEC. 307. 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;
``(5) the projected growth in the number of passengers that
will be using the airport at which the project will be carried
out; and
``(6) any increase in the number of passenger boardings in
the preceding 12-month period at the airport at which the
project will be carried out, with priority consideration to be
given to projects at airports at which the number of passenger
boardings increased by at least 20 percent as compared to the
number of passenger boardings in the 12-month period preceding
such period.''.
SEC. 308. SMALL AIRPORT FUND.
Section 47116 is amended by adding at the end the following:
``(d) Priority Consideration for Certain Projects.--In making
grants to sponsors described in subsection (b)(2), the Secretary shall
give priority consideration to multi-year projects for construction of
new runways that the Secretary finds are cost beneficial and would
increase capacity in a region of the United States.''.
SEC. 309. 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
chapter 471 is amended by striking the item relating to section
47128 and inserting the following:
``47128. State block grant program.''.
SEC. 310. PRIVATE OWNERSHIP OF AIRPORTS.
(a) Establishment of Program.--
(1) In general.--Subchapter I of chapter 471 is amended by
adding at the end the following:
``Sec. 47132. 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 47107
and 47152 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 any
property, received by 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 and will submit to the Secretary a
plan for carrying out such maintenance and improvements.
``(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 approved--
``(A) by at least 60 percent of the air carriers
serving the airport; and
``(B) 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.
``(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.
``(8) Any collective bargaining agreement that covers
employees of the airport and is in effect on the date of the
sale or lease of the airport will not be abrogated by the sale
or lease.
``(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; Service Charges.--
Notwithstanding that the sponsor of an airport receiving an exemption
under subsection (b) is not a public agency, the sponsor shall not be
prohibited from--
``(1) imposing a passenger facility fee under section 40117
of this title;
``(2) receiving apportionments under section 47114 of this
title; or
``(3) collecting reasonable rental charges, landing fees,
and other service charges from aircraft operators under section
40116(e)(2) of this title.
``(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.
``(g) Revocation of Exemptions.--The Secretary may revoke an
exemption issued to a purchaser or lessee of an airport under
subsection (b)(3) if, after providing the purchaser or lessee with
notice and an opportunity to be heard, the Secretary determines that
the purchaser or lessee has knowingly violated any of the terms
specified in subsection (c) for the sale or lease of the airport.
``(h) Nonapplication of Provisions to Airports Owned by Public
Agencies.--The provisions of this section requiring the approval of air
carriers in determinations concerning the use of revenues, and
imposition of fees, at an airport shall not be extended so as to apply
to any airport owned by a public agency that is not participating in
the program established by this section.''.
(2) Conforming amendment.--The table of sections for such
chapter is further amended by adding at the end the following:
``47132. 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 47132 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 47132 of this title, the
Secretary shall consider whether the airport has complied with
section 47132(c)(4).''.
SEC. 311. 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
Secretary 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 the airport's operations and planning.
``(5) Written assurances.--The Secretary 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 Secretary determines necessary
to achieve the purposes of this subsection.
``(6) Guidelines.--The Secretary 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. ELIMINATION OF DUAL MANDATE.
(a) Safety as Highest Priority.--Section 40101(d) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) assigning, maintaining, and enhancing safety and
security as the highest priorities in air commerce.''.
(b) Elimination of Promotion.--
(1) Policy.--Section 40101(d) is further amended--
(A) in paragraph (2), as redesignated by subsection
(a)(1) of this section, by striking ``its development
and''; and
(B) in paragraph (3), as so redesignated--
(i) by striking ``promoting, encouraging,''
and inserting ``encouraging''; and
(ii) by inserting before the period at the
end ``, including new aviation technology''.
(2) Development.--Section 40104(a) is amended by striking
``and air commerce''.
(3) Conforming amendments.--Chapter 401 is amended--
(A) in the heading to section 40104 by striking
``and air commerce'';
(B) in the subsection heading to section 40104(a)
by striking ``and Air Commerce''; and
(C) in the item relating to section 40104 in the
table of sections at the beginning of the chapter by
striking ``and air commerce''.
SEC. 402. 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, 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. 403. TECHNICAL CORRECTION RELATING TO STATE TAXATION.
Section 40116(b) is amended by striking ``subsection (c) of this
section and''.
SEC. 404. USE OF PASSENGER FACILITY FEES FOR DEBT FINANCING PROJECT.
Section 40117(a)(3) is amended by adding at the end the following:
``(G) for debt financing of a terminal development
project at a commercial service airport that each year
has .05 percent or less of the total passenger
boardings in the United States if construction began on
the project after November 5, 1988, and before November
5, 1990, and the eligible agency certifies that no
other eligible airport-related projects affecting
safety, security, or capacity will be deferred by the
debt financing project.''.
SEC. 405. CLARIFICATION OF PASSENGER FACILITY REVENUES AS CONSTITUTING
TRUST FUNDS.
Section 40117(g) is amended by adding at the end the following:
``(4) Passenger facility revenues that are held by an air carrier
or an agent of the carrier after collection of a passenger facility fee
constitute a trust fund that is held by the air carrier or agent for
the beneficial interest of the eligible agency imposing the fee. Such
carrier or agent holds neither legal nor equitable interest in the
passenger facility revenues except for any handling fee or retention of
interest collected on unremitted proceeds as may be allowed by the
Secretary.''.
SEC. 406. PROTECTION OF VOLUNTARILY SUBMITTED 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 voluntarily submitted 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 withholding of the information would not be
inconsistent with the Administrator's safety and security
responsibilities.
``(b) Regulations.--The Administrator shall 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 voluntarily submitted information.
``40121. Relationship to other laws.''.
SEC. 407. 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. 408. 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--
``(A) 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; or
``(B) if the airport operating certificate is for a
heliport.
``(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. 409. CERTIFICATION OF SMALL AIRPORTS.
(a) In General.--Section 44706(a) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) that is not located in the State of Alaska and serves
any scheduled passenger operation of an air carrier operating
aircraft designed for more than 9 passenger seats but less than
31 passenger seats; and'';
(3) by striking ``and'' at the end of paragraph (3), as
redesignated by paragraph (1) of this subsection;
(4) by striking ``(3) when'' and inserting ``if''; and
(5) by moving the matter following paragraph (3), as
redesignated by paragraph (1) of this subsection, to the left
flush full measure.
(b) Commuter Airports.--Section 44706 is amended by adding at the
end the following:
``(e) Commuter Airports.--In developing the terms required by
subsection (b) for airports covered by subsection (a)(2), the
Administrator shall identify and consider a reasonable number of
regulatory alternatives and select from such alternatives the least
costly, most cost-effective or the least burdensome alternative that
will provide comparable safety at airports described in subsections
(a)(1) and (a)(2).''.
(c) Effective Date.--Section 44706 is further amended by adding at
the end the following:
``(f) Effective Date.--Any regulation establishing the terms
required by subsection (b) for airports covered by subsection (a)(2)
shall not take effect until such regulation, and a report on the
economic impact of the regulation on air service to the airports
covered by the rule, has been submitted to Congress and 120 days have
elapsed following the date of such submission.''.
(d) Limitation on Statutory Construction.--Section 44706 is further
amended by adding at the end the following:
``(g) Limitation on Statutory Construction.--Nothing in this title
may be construed as requiring a person to obtain an airport operating
certificate if such person does not desire to operate an airport
described in subsection (a).''.
SEC. 410. EMPLOYMENT INVESTIGATIONS OF PILOTS.
(a) Employment Investigations.--
(1) In general.--Chapter 447 is amended by adding at the
end the following:
``Sec. 44724. Preemployment review of prospective pilot records
``(a) Pilot Records.--
``(1) In general.--Before allowing an individual to begin
service as a pilot, an air carrier shall request and receive
the following information:
``(A) FAA records.--From the Administrator of the
Federal Aviation Administration, information pertaining
to the individual that is maintained by the
Administrator concerning--
``(i) current airman certificates
(including airman medical certificates) and
associated type ratings, including any
limitations thereon; and
``(ii) summaries of legal enforcement
actions which have resulted in a finding by the
Administrator of a violation of this title or a
regulation prescribed or order issued under
this title and which have not been subsequently
overturned.
``(B) Air carrier records.--From any air carrier
(or the trustee in bankruptcy for the air carrier) that
has employed the individual at any time during the 5-
year period preceding the date of the employment
application of the individual--
``(i) records pertaining to the individual
that are maintained by an air carrier (other
than records relating to flight time, duty
time, or rest time) under regulations set forth
in--
``(I) section 121.683 of title 14,
Code of Federal Regulations;
``(II) paragraph (A) of section VI,
appendix I, part 121 of such title;
``(III) paragraph (A) of section
IV, appendix J, part 121 of such title;
``(IV) section 125.401 of such
title; and
``(V) section 135.63(a)(4) of such
title; and
``(ii) other records pertaining to the
individual that are maintained by the air
carrier concerning--
``(I) the training, qualifications,
proficiency, or professional competence
of the individual, including comments
and evaluations made by a check airman
designated in accordance with section
121.411, 125.295, or 135.337 of such
title;
``(II) any disciplinary action
relating to the training,
qualifications, proficiency, or
professional competence of the
individual which was taken by the air
carrier with respect to the individual
and which was not subsequently
overturned by the air carrier; and
``(III) any release from employment
or resignation, termination (if related
to the individual's training,
professional qualification,
proficiency, or professional
competence), or disqualification with
respect to employment.
``(C) National driver register records.--From the
chief driver licensing official of a State, information
concerning the motor vehicle driving record of the
individual in accordance with section 30305(b)(7) of
this title.
``(2) 5-year reporting period.--A person is not required to
furnish a record in response to a request made under paragraph
(1) if the record was entered more than 5 years before the date
of the request, unless the information is about a revocation or
suspension of an airman certificate or motor vehicle license
that is still in effect on the date of the request.
``(3) Requirement to maintain records.--The Administrator
and each air carrier (or the trustee in bankruptcy for the air
carrier) shall maintain pilot records described in paragraph
(1) for a period of at least 5 years.
``(4) Written consent for release.--Neither the
Administrator nor any air carrier may furnish a record in
response to a request made under paragraph (1) (A) or (B)
without first obtaining the written consent of the individual
whose records are being requested.
``(5) Deadline for provision of information.--A person who
receives a request for records under paragraph (1) shall
furnish, on or before the 30th day following the date of
receipt of the request (or on or before the 30th day following
the date of obtaining the written consent of the individual in
the case of a request under paragraph (1) (A) or (B)), all of
the records maintained by the person that have been requested.
``(6) Right to receive notice and copy of any record
furnished.--A person who receives a request for records under
paragraph (1) shall provide to the individual whose records
have been requested--
``(A) on or before the 20th day following the date
of receipt of the request, written notice of the
request and of the individual's right to receive a copy
of such records; and
``(B) in accordance with paragraph (9), a copy of
such records, if requested by the individual.
``(7) Reasonable charges for processing requests and
furnishing copies.--A person who receives a request for records
under paragraph (1) or (9) may establish a reasonable charge
for the cost of processing the request and furnishing copies of
the requested records.
``(8) Right to correct inaccuracies.--An air carrier that
receives the records of an individual under paragraph (1)(B)
shall provide the individual with a reasonable opportunity to
submit written comments to correct any inaccuracies contained
in the records before making a final hiring decision with
respect to the individual.
``(9) Right of pilot to review certain records.--
Notwithstanding any other provision of a law or agreement, an
air carrier shall, upon written request from a pilot employed
by such carrier, make available, within a reasonable time of
the request, to the pilot for review any and all employment
records referred to in paragraph (1)(B) pertaining to the
pilot's employment.
``(10) Privacy protections.--
``(A) Use of records.--An air carrier or employee
of an air carrier that receives the records of an
individual under paragraph (1) may use such records
only to assess the qualifications of the individual in
deciding whether or not to hire the individual as a
pilot.
``(B) Required actions.--Subject to subsection (c),
the air carrier or employee of an air carrier shall
take such actions as may be necessary to protect the
privacy of the pilot and the confidentiality of the
records, including ensuring that the information
contained in the records is not divulged to any
individual that is not directly involved in the hiring
decision.
``(C) Individuals not hired.--If the individual is
not hired, the air carrier shall destroy or return the
records of the individual received under paragraph (1);
except that the air carrier may retain any records
needed to defend its decisions not to hire the
individual.
``(11) Standard forms.--The Administrator may promulgate--
``(A) standard forms which may be used by an air
carrier to request the records of an individual under
paragraph (1); and
``(B) standard forms which may be used by a person
who receives a request for records under paragraph (1)
to obtain the written consent of the individual and to
inform the individual of the request and of the
individual's right to receive a copy of any records
furnished in response to the request.
``(12) Regulations.--The Administrator may prescribe such
regulations as may be necessary--
``(A) to protect the personal privacy of any
individual whose records are requested under paragraph
(1) and to protect the confidentiality of those
records;
``(B) to preclude the further dissemination of
records received under paragraph (1) by the air carrier
who requested them; and
``(C) to ensure prompt compliance with any request
under paragraph (1).
``(b) Limitation on Liability; Preemption of State and Local Law.--
``(1) Limitation on liability.--No action or proceeding may
be brought by or on behalf of an individual who is seeking a
position with an air carrier as a pilot against--
``(A) the air carrier for requesting the
individual's records under subsection (a)(1);
``(B) a person who has complied with such request
and in the case of a request under subsection (a)(1)
(A) or (B) has obtained the written consent of the
individual;
``(C) a person who has entered information
contained in the individual's records; or
``(D) an agent or employee of a person described in
subparagraph (A) or (B);
in the nature of an action for defamation, invasion of privacy,
negligence, interference with contract, or otherwise, or under
any Federal, State, or local law with respect to the furnishing
or use of such records in accordance with subsection (a).
``(2) Preemption.--No State or political subdivision
thereof may enact, prescribe, issue, continue in effect, or
enforce any law, regulation, standard, or other provision
having the force and effect of law that prohibits, penalizes,
or imposes liability for furnishing or using records in
accordance with subsection (a).
``(3) Provision of knowingly false information.--Paragraphs
(1) and (2) shall not apply with respect to a person that
furnishes in response to a request made under subsection (a)(1)
information that the person knows is false.
``(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed as precluding the availability of the
records of a pilot in an investigation or other proceeding concerning
an accident or incident conducted by the Secretary, the National
Transportation Safety Board, or a court.''.
(2) Chapter analysis amendment.--The analysis for chapter
447 is amended by adding at the end the following:
``44724. Preemployment review of prospective pilot records.''.
(3) Conforming amendment.--Section 30305(b) is amended by
redesignating paragraph (7) as paragraph (8) and by inserting
after paragraph (6) the following:
``(7) An individual who is employed or seeking employment by an air
carrier as a pilot may request the chief driver licensing official of a
State to provide information about the individual under subsection (a)
of this section to the individual's prospective employer or to the
Secretary of Transportation. Information may not be obtained from the
Register under this paragraph if the information was entered in the
Register more than 5 years before the request, unless the information
is about a revocation or suspension still in effect on the date of the
request.''.
(4) Civil penalties.--Section 46301 is amended by inserting
``44724,'' after ``44716,'' in each of subsections (a)(1)(A),
(a)(2)(A), (d)(2), and (f)(1)(A)(i).
(5) Applicability.--The amendments made by this subsection
shall apply to an air carrier hiring an individual as a pilot
if the application of the individual for employment as a pilot
is initially received by the air carrier on or after the 120th
day after the date of the enactment of this Act.
(b) Rulemaking To Establish Minimum Standards for Pilot
Qualifications.--Not later than 18 months after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a notice of a proposed rulemaking to
establish--
(1) minimum standards and criteria for preemployment
screening tests measuring the biographical factors (psychomotor
coordination), general intellectual capacity, instrument and
mechanical comprehension, and physical fitness of an applicant
for employment as a pilot by an air carrier; and
(2) minimum standards and criteria for pilot training
facilities which will be licensed by the Administrator and
which will assure that pilots trained at such facilities meet
the preemployment screening standards and criteria described in
paragraph (1).
(c) Sharing Armed Services Records.--
(1) Study.--The Administrator, in conjunction with the
Secretary of Defense, shall conduct a study to determine the
relevance and appropriateness of requiring the Secretary of
Defense to provide to an air carrier, upon request in
connection with the hiring of an individual as a pilot, records
of the individual concerning the individual's training,
qualifications, proficiency, professional competence, or terms
of discharge from the Armed Forces.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study.
(d) Minimum Flight Time.--
(1) Study.--The Administrator shall conduct a study to
determine whether current minimum flight time requirements
applicable to individuals seeking employment as a pilot with an
air carrier are sufficient to ensure public safety.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study.
SEC. 411. CHILD PILOT SAFETY.
(a) Manipulation of Flight Controls.--
(1) In General.--Chapter 447 is amended by adding at the
end the following:
``Sec. 44725. Manipulation of flight controls
``(a) Prohibition.--No pilot in command of an aircraft may allow an
individual who does not hold--
``(1) a valid private pilots certificate issued by the
Administrator of the Federal Aviation Administration under part
61 of title 14, Code of Federal Regulations; and
``(2) the appropriate medical certificate issued by the
Administrator under part 67 of such title,
to manipulate the controls of an aircraft if the pilot knows or should
have known that the individual is attempting to set a record or engage
in an aeronautical competition or aeronautical feat, as defined by the
Administrator.
``(b) Revocation of Airmen Certificates.--The Administrator shall
issue an order revoking a certificate issued to an airman under section
44703 of this title if the Administrator finds that while acting as a
pilot in command of an aircraft, the airman has permitted another
individual to manipulate the controls of the aircraft in violation of
subsection (a).
``(c) Pilot in Command Defined.--In this section, the term `pilot
in command' has the meaning given such term by section 1.1 of title 14,
Code of Federal Regulations.''.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``44725. Manipulation of flight controls.''.
(b) Children Flying Aircraft.--
(1) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study of the impacts of children
flying aircraft.
(2) Considerations.--In conducting the study, the
Administrator shall consider the effects of imposing any
restrictions on children flying aircraft on safety and on the
future of general aviation in the United States.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall issue a report
containing the results of the study, together with
recommendations on--
(A) whether the restrictions established by the
amendment made by subsection (a)(1) should be modified
or repealed; and
(B) whether certain individuals or groups should be
exempt from any age, altitude, or other restrictions
that the Administrator may impose by regulation.
(4) Regulations.--As a result of the findings of the study,
the Administrator may issue regulations imposing age, altitude,
or other restrictions on children flying aircraft.
SEC. 412. DISCRETIONARY AUTHORITY FOR CRIMINAL HISTORY RECORDS CHECKS.
(a) In General.--Section 44936(a)(1) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``(1) The Administrator'' and inserting the
following:
``(1) Employees.--
``(A) Persons with access to aircraft and other
secured areas.--The Administrator'';
(3) by moving the remainder of the text of subparagraph (A)
(as designated by paragraph (2) of this subsection), including
clauses (i) and (ii) (as designated by paragraph (1) of this
subsection), 2 ems to the right; 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) Conforming Amendments.--Section 44936(a)(2) is amended--
(1) by striking ``(2) An air carrier'' and inserting the
following:
``(2) Responsibility of air carriers, foreign air carriers,
and airport operators.--An air carrier''; and
(2) by moving the remainder of the text of the paragraph 2
ems to the right.
(c) Applicability.--The amendment made by subsection (a)(4) 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. 413. IMPOSITION OF FEES.
(a) In General.--Chapter 453 is amended by adding at the end the
following:
``Sec. 45304. Prohibition on imposition of unauthorized fees; fees for
services provided to certain aircraft
``(a) Prohibition.--Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration shall not impose
any fee that is not in effect on the date of the enactment of this
section unless the fee is expressly authorized by law.
``(b) Authority To Impose Fees.--
``(1) In general.--The Administrator is authorized to
establish a schedule of fees (and a collection process for such
fees), to be effective not later than 60 days after the date of
the enactment of this section, solely to recover the costs
incurred by the Administrator in providing air traffic control
services to aircraft that neither take off from nor land in the
United States.
``(2) Persons subject to fee.--Fees may be assessed under
paragraph (1) only on aircraft that neither take off from nor
land in the United States; except that such fees shall not
apply to foreign government aircraft.
``(3) Limitation on manner of collection.--Fees may be
assessed and collected under this subsection only in such
manner as may reasonably be expected to result in the
collection of an aggregate amount of fees during any fiscal
year which does not exceed the aggregate costs of the
Administrator for such year in providing the services referred
to in paragraph (1).
``(4) Limitation on amount of fee.--The amount of any fee
assessed under this subsection on any aircraft may not exceed
the amount which is reasonably based on the proportion of the
services referred to in paragraph (1) which relate to such
aircraft.
``(5) Target amount of aggregate fees.--To the extent
permitted by the preceding provisions of this subsection, fees
under the schedule referred to in paragraph (1) shall be at
levels that will recover not less than $30,000,000 in the first
year in which the fees are implemented.''.
(b) Conforming Amendment.--The table of sections for such chapter
is amended by adding at the end the following new item:
``45304. Prohibition on imposition of unauthorized fees; fees for
services provided to certain aircraft.''.
SEC. 414. 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. 415. 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.
SEC. 416. GADSDEN AIR DEPOT, ALABAMA.
(a) Authority To Grant Waivers.--Notwithstanding section 16 of the
Federal Airport Act (as in effect on May 4, 1949), the Secretary is
authorized, subject to the provisions of section 47153 of title 49,
United States Code, and the provisions of subsection (b) of this
section, to waive any of the terms contained in the deed of conveyance
dated May 4, 1949, under which the United States conveyed certain
property to the city of Gadsden, Alabama, for airport purposes.
(b) Conditions.--Any waiver granted under subsection (a) shall be
subject to the following conditions:
(1) The city of Gadsden, Alabama, shall agree that, in
conveying any interest in the property which the United States
conveyed to the city by a deed described in subsection (a), the
city will receive an amount for such interest which is equal to
the fair market value of such interest (as determined pursuant
to regulations issued by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport, lands (including any
improvements thereto) which produce revenues that are used for
airport development purposes, or both.
SEC. 417. REGULATIONS AFFECTING INTRASTATE AVIATION IN ALASKA.
In modifying regulations contained in title 14, Code of Federal
Regulations, in a manner affecting intrastate aviation in Alaska, the
Administrator of the Federal Aviation Administration shall consider the
extent to which Alaska is not served by transportation modes other than
aviation, and shall establish such regulatory distinctions as the
Administrator considers appropriate.
SEC. 418. WESTCHESTER COUNTY AIRPORT, NEW YORK.
Notwithstanding sections 47107(b) and 44706(d) of title 49, United
States Code, and any other law, regulation, or grant assurance, all
fees received by Westchester County Airport in the State of New York
may be paid into the treasury of Westchester County pursuant to section
119.31 of the Westchester County Charter if the Secretary finds that
the expenditures from such treasury for the capital and operating costs
of the Airport after December 31, 1990, have been and will be equal to
or greater than the fees that such treasury receives from the Airport.
SEC. 419. BEDFORD AIRPORT, PENNSYLVANIA.
If the Administrator of the Federal Aviation Administration
decommissions an instrument landing system in Pennsylvania, the
Administrator shall, if feasible, transfer and install the system at
Bedford Airport, Pennsylvania.
SEC. 420. LOCATION OF DOPPLER RADAR STATIONS, NEW YORK.
(a) Prohibition.--No Federal funds may be used for the construction
of a Doppler radar station at the Coast Guard station in Brooklyn, New
York.
(b) Construction of Offshore Platforms.--
(1) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study of the feasibility of
constructing 2 offshore platforms to serve as sites for the
location of Doppler radar stations for John F. Kennedy
International Airport and LaGuardia Airport in New York City,
New York.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under
paragraph (1), including proposed locations for the offshore
platforms. Such locations shall be as far as possible from
populated areas while providing appropriate safety measures for
John F. Kennedy International Airport and LaGuardia Airport.
(c) Limitation.--The Administrator shall not begin construction of
a Doppler radar station for John F. Kennedy International Airport or
LaGuardia Airport at any location before submitting a report under
subsection (b).
SEC. 421. WORCESTER MUNICIPAL AIRPORT, MASSACHUSETTS.
The Secretary of Transportation shall take such actions as may be
necessary to improve the safety of aircraft landing at Worcester
Municipal Airport, Massachusetts, including, if appropriate, providing
air traffic radar service to such airport from the Providence Approach
Radar Control in Coventry, Rhode Island.
SEC. 422. CENTRAL FLORIDA AIRPORT, SANFORD, FLORIDA.
The Secretary of Transportation shall take such actions as may be
necessary to improve the safety of aircraft landing at Central Florida
Airport, Sanford, Florida, including, if appropriate, providing a new
instrument landing system on Runway 27R.
SEC. 423. AIRCRAFT NOISE OMBUDSMAN.
Section 106 is amended by redesignating subsection (k), as amended
by section 103 of this Act, as subsection (l) and by inserting after
subsection (j) the following:
``(k) Aircraft Noise Ombudsman.--
``(1) Establishment.--There shall be in the Administration
an Aircraft Noise Ombudsman.
``(2) General duties and responsibilities.--The Ombudsman
shall--
``(A) be appointed by the Administrator;
``(B) serve as a liaison with the public on issues
regarding aircraft noise; and
``(C) be consulted when the Administration proposes
changes in aircraft routes so as to minimize any
increases in aircraft noise over populated areas.''.
SEC. 424. SPECIAL RULE FOR PRIVATELY OWNED RELIEVER AIRPORTS.
Section 47109 is amended by adding at the end the following:
``(c) Special Rule for Privately Owned Reliever Airports.--If a
privately owned reliever airport contributes any lands, easements, or
rights-of-way to carry out a project under this subchapter, the current
fair market value of such lands, easements, or rights-of-way shall be
credited toward the non-Federal share of allowable project costs.''.
TITLE V--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES
SEC. 501. 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 inserting before the semicolon at
the end ``or the Federal Aviation Authorization Act of 1996''.
TITLE VI--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND
DEVELOPMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``FAA Research, Engineering, and
Development Management Reform Act of 1996''.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) is amended--
(1) by striking ``and'' at the end of paragraph (1)(J);
(2) by striking the period at the end of paragraph (2)(J)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) for fiscal year 1997--
``(A) $10,000,000 for system development and
infrastructure projects and activities;
``(B) $39,911,000 for capacity and air traffic
management technology projects and activities;
``(C) $20,371,000 for communications, navigation,
and surveillance projects and activities;
``(D) $6,411,000 for weather projects and
activities;
``(E) $6,000,000 for airport technology projects
and activities;
``(F) $37,978,000 for aircraft safety technology
projects and activities;
``(G) $36,045,000 for system security technology
projects and activities;
``(H) $23,682,000 for human factors and aviation
medicine projects and activities;
``(I) $3,800,000 for environment and energy
projects and activities; and
``(J) $1,500,000 for innovative/cooperative
research projects and activities.''.
SEC. 603. RESEARCH PRIORITIES.
Section 48102(b) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``Availability for Research.--(1)'' and
inserting in lieu thereof ``Research Priorities.--(1) The
Administrator shall consider the advice and recommendations of
the research advisory committee established by section 44508 of
this title in establishing priorities among major categories of
research and development activities carried out by the Federal
Aviation Administration.
``(2)''.
SEC. 604. RESEARCH ADVISORY COMMITTEE.
Section 44508(a)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting in lieu thereof ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) annually review the allocation made by the
Administrator of the amounts authorized by section 48102(a) of
this title among the major categories of research and
development activities carried out by the Administration and
provide advice and recommendations to the Administrator on
whether such allocation is appropriate to meet the needs and
objectives identified under subparagraph (A).''.
SEC. 605. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) is amended--
(1) in paragraph (2)(A) by striking ``15-year'' and
inserting in lieu thereof ``5-year'';
(2) by amending subparagraph (B) to read as follows:
``(B) The plan shall--
``(i) provide estimates by year of the schedule, cost, and
work force levels for each active and planned major research
and development project under sections 40119, 44504, 44505,
44507, 44509, 44511-44513, and 44912 of this title, including
activities carried out under cooperative agreements with other
Federal departments and agencies;
``(ii) specify the goals and the priorities for allocation
of resources among the major categories of research and
development activities, including the rationale for the
priorities identified;
``(iii) identify the allocation of resources among long-
term research, near-term research, and development activities;
and
``(iv) highlight the research and development activities
that address specific recommendations of the research advisory
committee established under section 44508 of this title, and
document the recommendations of the committee that are not
accepted, specifying the reasons for nonacceptance.''; and
(3) in paragraph (3) by inserting ``, including a
description of the dissemination to the private sector of
research results and a description of any new technologies
developed'' after ``during the prior fiscal year''.
Passed the House of Representatives September 11, 1996.
Attest:
ROBIN H. CARLE,
Clerk.