[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3539 Reported in House (RH)]
Union Calendar No. 385
104th CONGRESS
2d Session
H. R. 3539
[Report No. 104-714, Part I]
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes.
_______________________________________________________________________
July 30, 1996
The Committee on Ways and Means discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
Union Calendar No. 385
104th CONGRESS
2d Session
H. R. 3539
[Report No. 104-714, Part I]
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
July 26, 1996
Committee on Rules discharged
July 26, 1996
Reported from the Committee on Transportation and Infrastructure with
an amendment
[Strike out all after the enacting clause and insert the part printed
in italic and roman]
July 26, 1996
Referral to Ways and Means extended for a period no later than July 29,
1996
July 29, 1996
Referral to Ways and Means extended for a period no later than July 30,
1996
July 30, 1996
The Committee on Ways and Means discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 29,
1996]
_______________________________________________________________________
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. 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. Purchase of housing units.
Sec. 402. Technical correction relating to State taxation.
Sec. 403. Use of passenger facility fees for debt financing project.
Sec. 404. Protection of voluntarily submitted information.
Sec. 405. Supplemental type certificates.
Sec. 406. Restriction on use of revenues.
Sec. 407. Certification of small airports.
Sec. 408. Discretionary authority for criminal history records checks.
Sec. 409. Imposition of fees.
Sec. 410. Authority to close airport located near closed or realigned
military base.
Sec. 411. Construction of runways.
Sec. 412. Gadsden Air Depot, Alabama.
Sec. 413. Regulations affecting intrastate aviation in Alaska.
Sec. 414. Westchester County Airport, New York.
Sec. 415. Bedford Airport, Pennsylvania.
Sec. 416. Location of Doppler radar stations, New York.
Sec. 417. Worcester Municipal Airport, Massachusetts.
Sec. 418. Aircraft Noise Ombudsman.
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--RECOMMENDATION TO COMMITTEE ON WAYS AND MEANS ON EXTENSION OF
AIRPORT AND AIRWAY TRUST FUND TAXES AND EXPENDITURE AUTHORITY
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 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 than 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, and Utilities.--Subsection (d) of
section 47118, as redesignated by subsection (b) of this section, is
amended by striking ``for 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 and capital requirements 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,
provide for continued safety improvements, 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 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 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.''.
(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. 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. 402. TECHNICAL CORRECTION RELATING TO STATE TAXATION.
Section 40116(b) is amended by striking ``subsection (c) of this
section and''.
SEC. 403. 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. 404. 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. 405. 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. 406. 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. 407. 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.''.
SEC. 408. 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. 409. 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 and that is not authorized by law.
``(b) Authority To Impose Fees.--The Administrator is authorized to
establish a schedule of fees (and a collection process for such fees),
to be effective not later than October 1, 1996, for services provided
by the Administration to aircraft that neither take off from nor land
in the United States. The schedule shall establish the fees at levels
that will recover $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. 410. 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. 411. 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. 412. 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. 413. 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. 414. 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. 415. 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. 416. 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. 417. 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. 418. 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.''.
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 508(a) of this Act, by striking
``Board'' and inserting ``Commission'';
(4) in section 6007(f)(7), as redesignated by section
508(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 subsection (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 in order at any
time on or after the third day on which the report on
the resolution has been available to Members pursuant
to clause 2(l)(6) of House Rule XI, for the chairman of
the committee or a designee to move to proceed to the
consideration in the House of the resolution. The
motion is highly privileged, and is not subject to
debate or to intervening motion or otherwise subject to
points of order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
not agreed to. If the motion is agreed to, the
resolution shall be considered in the House and
debatable for not to exceed 2 hours to be equally
divided and controlled by the chairman and the 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 509(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 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--RECOMMENDATION TO COMMITTEE ON WAYS AND MEANS ON EXTENSION OF
AIRPORT AND AIRWAY TRUST FUND TAXES AND EXPENDITURE AUTHORITY
The Committee on Transportation and Infrastructure of the House of
Representatives recommends the following provisions, which are printed
in roman and shall have no legal effect, to the Committee on Ways and
Means of the House of Representatives for its consideration:
SEC. ____. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXCISE TAXES.
(a) Fuel Tax.--
(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 in paragraph (1) ``(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. ____. 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 before the semicolon at
the end ``or the Federal Aviation Authorization Act of 1996''.
SEC. ____. RESTORATION AND EXTENSION OF EXEMPTION FOR COMMERCIAL
AVIATION.
(a) In General.--Paragraph (2) of section 4092(b) of the Internal
Revenue Code of 1986 (relating to exemption from certain taxes on fuel
used in commercial aviation) is amended to read as follows:
``(2) 4.3 cents per gallon of the rate specified in section
4091(b)(1) in the case of fuel sold--
``(A) after September 30, 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) after December 31, 1999.''
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 6421(f)(2) of such Code is
amended to read as follows:
``(B) in aviation which is not noncommercial
aviation (as so defined) with respect to the tax
imposed by section 4081 at--
``(i) the Leaking Underground Storage Tank
Trust Fund financing rate, and
``(ii) so much of the rate specified in
section 4081(a)(2)(A) as does not exceed 4.3
cents per gallon in the case of fuel
purchased--
``(I) after September 30, 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) Subparagraph (B) of section 6427(l)(4) of such Code is
amended to read as follows:
``(B) so much of the rate specified in section
4091(b)(1) as does not exceed 4.3 cents per gallon in
the case of fuel purchased--
``(i) after September 30, 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.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. ____. FLOOR STOCKS TAXES ON AVIATION FUEL.
(a) Imposition of Tax.--
(1) In general.--In the case of aviation fuel on which tax
was imposed under section 4091 of the Internal Revenue Code of
1986 before the tax-increase date described in subsection
(c)(1)(A) and which is held on such date by any person, there
is hereby imposed a floor stocks tax of 17.5 cents per gallon.
(2) Commercial aviation fuel on january 1, 2000.--In the
case of commercial aviation fuel on which tax was imposed under
section 4091 of such Code before January 1, 2000, and which is
held on such date by any person, there is hereby imposed a
floor stocks tax of 4.3 cents per gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding aviation fuel on a
tax-increase date to which the tax imposed by subsection (a)
applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
with respect to any tax-increase date shall be paid on or
before the first day of the 7th month beginning after such tax-
increase date.
(c) Definitions.--For purposes of this section--
(1) Tax increase date.--The term ``tax-increase date''
means--
(A) the date which is 30 days after the date of the
enactment of this Act, and
(B) January 1, 2000.
(2) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(3) Commercial aviation fuel.--The term ``commercial
aviation fuel'' means aviation fuel which is held on January 1,
2000, for sale or use in commercial aviation (as defined in
section 4092(b) of such Code).
(4) Held by a person.--Aviation fuel shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to aviation fuel held by any person on any tax-increase
date exclusively for any use for which a credit or refund of the entire
tax imposed by section 4091 of such Code is allowable for aviation fuel
purchased on or after such tax-increase date for such use.
(e) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (a)
on aviation fuel held on any tax-increase date by any person if
the aggregate amount of aviation fuel held by such person on
such date does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary) such
information as the Secretary shall require for purposes of this
paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(f) Other law applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4091
of such Code shall, insofar as applicable and not inconsistent with the
provisions of this section, apply with respect to the floor stock taxes
imposed by subsection (a) to the same extent as if such taxes were
imposed by such section 4091.
SEC. ____. REDUCTION IN AVIATION TICKET TAX IN CERTAIN CASES.
(a) In General.--Part III of subchapter C of chapter 33 of the
Internal Revenue Code of 1986 (relating to special provisions
applicable to taxes on transportation by air) is amended by adding at
the end the following new section:
``SEC. 4283. REDUCTION IN AVIATION TICKET TAX IN CERTAIN CASES.
``(a) General Rule.--For each fiscal year, the Secretary shall--
``(1) determine whether such fiscal year was a funding
shortfall year, and
``(2) in such a case, prescribe a tax rate which shall
apply under section 4261(a) to amounts paid during the first
calendar year beginning after the close of such fiscal year.
``(b) Funding Shortfall Year.--For purposes of this section--
``(1) In general.--The term `funding shortfall year' means
any fiscal year for which there is a funding shortfall.
``(2) Funding shortfall.--The term `funding shortfall'
means, with respect to any fiscal year, the amount by which--
``(A) the aggregate amounts authorized to be
obligated under such section 48103 for the fiscal year,
exceeds
``(B) the aggregate amounts available for
obligation under section 48103 of title 49, United
States Code for the fiscal year.
``(3) Special rules.--
``(A) Treatment of prior year amounts.--For
purposes of paragraph (2)(A), an amount shall be
treated as authorized only for the first fiscal year
for which it is authorized.
``(B) Treatment of sequestered amounts.--The
determination under paragraph (2) shall not take into
account the sequestration of any amount described
therein pursuant to an order under part C of title II
of the Balanced Budget and Emergency Deficit Control
Act of 1985 (or any successor law).
``(C) Treatment of rescissions.--The determination
under paragraph (2)(A) shall not take into account the
rescission of any amount authorized to obligated under
section 48103 of title 49, United States Code for a
fiscal year.
``(c) Determination of Tax Rate.--The rate prescribed by the
Secretary under subsection (a) which shall apply in lieu of the rate
otherwise applicable under section 4261(a) for any calendar year shall
be the rate which the Secretary estimates will result in a reduction in
tax revenues equal to the funding shortfall for the most recent fiscal
year ending before such calendar year.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter C of chapter 33 of such Code is amended by adding at the end
the following new item:
``Sec. 4283. Reduction in aviation ticket
tax in certain cases.''
(c) Effective Date.--The amendments made by this section shall
apply to fiscal years beginning after the date of the enactment of this
Act.