[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4057 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4057

 To amend title 49, United States Code, to reauthorize programs of the 
        Federal Aviation Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 1998

Mr. Shuster (for himself and Mr. Duncan) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Airport Improvement Program 
Reauthorization Act of 1998''.

SEC. 2. GENERAL PROVISIONS.

    (a) 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.
    (b) Applicability.--
            (1) In general.--Except as otherwise specifically provided, 
        this Act and the amendments made by this Act apply only to 
        fiscal years beginning after September 30, 1998.
            (2) 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, 1998.
    (c) Administrator Defined.--In this Act, the term ``Administrator'' 
means the Administrator of the Federal Aviation Administration.

SEC. 3. AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103 is amended--
            (1) by striking ``September 30, 1996'' and inserting 
        ``September 30, 1998''; and
            (2) by striking ``$2,280,000,000'' and all that follows 
        through the period at the end and inserting the following: 
        ``$2,347,000,000 for fiscal years ending before October 1, 
        1999.''.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``1998'' and inserting ``1999''.

SEC. 4. AIRWAY FACILITIES IMPROVEMENT PROGRAM.

    Section 48101(a) is amended by adding at the end the following:
            ``(3) $2,131,000,000 for fiscal year 1999.''.

SEC. 5. FAA OPERATIONS.

    (a) Authorization of Appropriations From General Fund.--Section 
106(k) is amended by striking ``$5,158,000,000'' and all that follows 
through the period at the end and inserting the following: 
``$5,632,000,000 for fiscal year 1999.''.
    (b) Authorization of Appropriations From Trust Fund.--Section 48104 
is amended--
            (1) by striking subsection (b) and redesignating subsection 
        (c) as subsection (b);
            (2) in subsection (b), as so redesignated--
                    (A) in the subsection heading by striking ``Fiscal 
                Years 1994-1998'' and inserting ``Fiscal Year 1999''; 
                and
                    (B) in the matter preceding paragraph (1) by 
                striking ``each of fiscal years 1994 through 1998'' and 
                inserting ``fiscal year 1999''.
    (c) Limitation on Obligating or Expending Amounts.--Section 
48108(c) is amended by striking ``1998'' and inserting ``1999''.

SEC. 6. AIP FORMULA CHANGES.

    (a) Discretionary Fund.--Section 47115 is amended--
            (1) by striking subsection (g);
            (2) by redesignating subsection (h) as subsection (g);
            (3) by inserting before the period at the end of subsection 
        (g), as so redesignated, the following: ``with funds made 
        available under this section and, if such funds are not 
        sufficient, with funds made available under sections 
        47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) on a pro 
        rata basis''.
    (b) Amounts Apportioned to Sponsors.--Section 47114(c)(1) is 
amended--
            (1) in subparagraph (A)(v) by inserting ``subject to 
        subparagraph (C),'' before ``$.50''; and
            (2) by adding at the end the following:
    ``(C) The amount to be apportioned for a fiscal year for a 
passenger described in subparagraph (A)(v) shall be reduced to $.40 if 
the total amount made available under section 48103 for such fiscal 
year is less than $1,350,000,000.''.
    (c) Entitlement for General Aviation Airports.--Section 47114(d)(2) 
is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``18.5 percent'' and inserting ``20 percent'';
            (2) in subparagraph (A) by striking ``0.66'' and inserting 
        ``0.62; and
            (3) in each of subparagraphs (B) and (C) by striking 
        ``49.67'' and inserting ``49.69''.
    (d) Use of Apportionments for Alaska, Puerto Rico, and Hawaii.--
Section 47114(d)(3) is amended to read as follows:
            ``(3) Special rule.--An amount apportioned under paragraph 
        (2) of this subsection for airports in Alaska, Puerto Rico, or 
        Hawaii may be made available by the Secretary for any public 
        airport in those respective jurisdictions.''.
    (e) Use of State-Apportioned Funds for System Planning.--Section 
47114(d) is further amended by adding at the end the following:
            ``(4) Integrated airport system planning.--Notwithstanding 
        paragraph (2), funds made available under this subsection may 
        be used for integrated airport system planning that encompasses 
        1 or more primary airports.''.
    (f) Grants for Airport Noise Compatibility Planning.--Section 
47117(e)(1) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``31 percent'' each place it 
                appears and inserting ``33 percent''; and
                    (B) by striking ``47504(c)(1)'' and inserting 
                ``47504(c)''; and
            (2) in subparagraph (B) by striking ``At least'' and all 
        that follows through ``sponsors of current'' and inserting ``At 
        least 4 percent to sponsors of current''.
    (g) Set-Aside for Airport Security.--Section 47117(e)(1) is further 
amended by adding at the end the following:
            ``(C) 3 percent for airport security, giving highest 
        priority to the testing and evaluation of explosive detection 
        equipment for airports.''.
    (h) Supplemental Apportionment for Alaska.--Section 47114(e) is 
amended--
            (1) in the subsection heading by striking ``Alternative'' 
        and inserting ``Supplemental'';
            (2) in paragraph (1)--
                    (A) by striking ``Instead of apportioning amounts 
                for airports in Alaska under'' and inserting ``In 
                general.--Notwithstanding''; and
                    (B) by striking ``those airports'' and inserting 
                ``airports in Alaska'';
            (3) in paragraph (2) by inserting ``Authority for 
        discretionary grants.--'' before ``This subsection'';
            (4) by striking paragraph (3) and inserting the following:
            ``(3) Airports eligible for funds.--An amount apportioned 
        under this subsection may be used for any public airport in 
        Alaska.'';
            (5) by indenting paragraph (1) and aligning it and 
        paragraph (2) with paragraph (3), as amended by paragraph (4) 
        of this subsection; and
            (6) by aligning subparagraphs (A) and (B) of paragraph (1) 
        with subparagraph (C) of paragraph (1), as added by subsection 
        (f).
    (i) Repeal of Apportionment Limitation on Commercial Service 
Airports in Alaska.--Section 47117 is amended by striking subsection 
(f) and by redesignating subsections (g) and (h) as subsections (f) and 
(g), respectively.
    (j) Designating Current and Former Military Airports.--Section 
47118(a) is amended by striking ``12'' and inserting ``14''.
    (k) Eligibility of Runway Incursion Prevention Devices.--
            (1) Policy.--Section 47101(a)(11) is amended by inserting 
        ``(including integrated in-pavement lighting systems for 
        runways and taxiways and other runway and taxiway incursion 
        prevention devices)'' after ``activities''.
            (2) Maximum use of safety facilities.--Section 47101(f) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (9); and
                    (B) by striking the period at the end of paragraph 
                (10) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(11) runway and taxiway incursion prevention devices, 
        including integrated in-pavement lighting systems for runways 
        and taxiways, in accordance with an applicable runway incursion 
        prevention plan.''.
            (3) Airport development defined.--Section 47102(3)(B)(ii) 
        is amended by inserting ``and including integrated in-pavement 
        lighting systems for runways and taxiways and other runway and 
        taxiway incursion prevention devices'' before the semicolon at 
        the end.

SEC. 7. GRANTS FROM SMALL AIRPORT FUND.

    (a) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--Section 47116 is amended by adding at the end the 
following:
    ``(e) Set-Aside for Meeting Safety Terms in Airport Operating 
Certificates.--In the first fiscal year beginning after the effective 
date of regulations issued to carry out section 44706(b) with respect 
to airports described in section 44706(a)(2), and in each of the next 4 
fiscal years, the lesser of $15,000,000 or 20 percent of the amounts 
distributed to sponsors of airports under subsection (b)(2) shall be 
used to assist the airports in meeting the terms established by the 
regulations. If the Secretary publishes in the Federal Register a 
finding that all the terms established by the regulations have been 
met, this subsection shall cease to be effective as of the date of such 
publication.''.
    (b) Notification of Source of Grant.--Section 47116 is further 
amended by adding at the end the following:
    ``(f) Notification of Source of Grant.--Whenever the Secretary 
makes a grant under this section, the Secretary shall notify the 
recipient of the grant, in writing, that the source of the grant is 
from the small airport fund.''.

SEC. 8. INNOVATIVE USE OF AIRPORT GRANT FUNDS.

    (a) In General.--Subchapter I of chapter 471 is amended by adding 
at the end the following:
``Sec. 47135. Innovative financing techniques
    ``(a) In General.--The Secretary of Transportation may approve 
applications under this subchapter for not more than 20 projects for 
which grants made under the subchapter may be used to implement 
innovative financing techniques.
    ``(b) Purpose.--The purpose of implementing innovative financing 
techniques under this section shall be to provide information on the 
benefits and difficulties of using such techniques for airport 
development projects.
    ``(c) Limitation.--In no case shall the implementation of an 
innovative financing technique under this section result in a direct or 
indirect guarantee of any airport debt instrument by the United States 
Government.
    ``(d) Innovative Financing Technique Defined.--In this section, the 
term `innovative financing technique' is limited to the following:
            ``(1) payment of interest;
            ``(2) commercial bond insurance and other credit 
        enhancement associated with airport bonds for eligible airport 
        development; and
            ``(3) flexible non-Federal matching requirements.''.
    (b) Conforming Amendment.--The analysis for subchapter 1 of chapter 
471 is amended by adding at the end the following:

``47135. Innovative financing techniques.''.

SEC. 9. MATCHING SHARE FOR STATE BLOCK GRANT PROGRAM.

    Section 47109(a) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) not more than 90 percent for a project funded by a 
        grant issued to and administered by a State under section 
        47128, relating to the State block grant program;'';
            (3) by striking ``and'' at the end of paragraph (3), as so 
        redesignated;
            (4) by striking the period at the end of paragraph (4), as 
        so redesignated, and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(5) 100 percent for a project for airport security for 
        which funds are made available under section 47117(e)(1)(C).''.

SEC. 10. TERMINAL DEVELOPMENT COSTS.

    Section 47110(d) is amended by adding at the end the following:
            ``(3) Shell of terminal building and aircraft fueling 
        facilities.--In order to enable additional air service by an 
        air carrier with less than 12 flights per day at an airport, 
        the Secretary, in making a decision under paragraph (1), may 
        consider the shell of a terminal building (including heating, 
        ventilation, and air conditioning) and aircraft fueling 
        facilities adjacent to an airport terminal building as 
        nonrevenue-producing public-use areas of the airport meeting 
        the requirements of paragraph (1)(B).''.

SEC. 11. USE OF APPORTIONMENTS FOR REPAYING BORROWED MONEY.

    Section 47119(a) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``0.05'' and inserting ``0.25''; 
                and
                    (B) by striking ``between January 1, 1992, and 
                October 31, 1992,'' and inserting ``between August 1, 
                1986, and September 30, 1990, or between June 1, 1991, 
                and October 31, 1992,''; and
            (2) in paragraph (1)(B) by striking ``an airport 
        development project outside the terminal area at that airport'' 
        and inserting ``any needed airport development project 
        affecting safety, security, or capacity''.

SEC. 12. CONVEYANCES OF SURPLUS PROPERTY FOR PUBLIC AIRPORTS.

    (a) Requests by Public Agencies.--Section 47151 is amended by 
adding at the end the following:
    ``(d) Requests by Public Agencies.--Except with respect to a 
request made by another department, agency, or instrumentality of the 
executive branch of the United States Government, such a department, 
agency, or instrumentality shall give priority consideration to a 
request made by a public agency (as defined in section 47102) for 
surplus property described in subsection (a) for use at a public 
airport.''.
    (b) Notice and Public Comment; Publication of Decisions.--Section 
47153(a) is amended--
            (1) by inserting ``, after providing notice and an 
        opportunity for public comment,'' after ``if the Secretary 
        decides''; and
            (2) by adding at the end the following:
            ``(3) Publication of decisions.--The Secretary shall 
        publish in the Federal Register any decision to waive a term 
        under paragraph (1) and the reasons for the decision.''.
    (c) Considerations.--Section 47153 is amended by adding at the end 
the following:
    ``(c) Considerations.--In deciding whether to waive a term required 
under section 47152 or add another term, the Secretary shall consider 
the current and future needs of the users of the airport and the 
interests of the owner of the property.''.
    (d) References to Gifts.--Chapter 471 is amended--
            (1) in section 47151--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1) 
                        by striking ``give'' and inserting ``convey 
                        to''; and
                            (ii) in paragraph (2) by striking ``gift'' 
                        and inserting ``conveyance'';
                    (B) in subsection (b)--
                            (i) by striking ``giving'' and inserting 
                        ``conveying''; and
                            (ii) by striking ``gift'' and inserting 
                        ``conveyance''; and
                    (C) in subsection (c)--
                            (i) in the subsection heading by striking 
                        ``Given'' and inserting ``Conveyed''; and
                            (ii) by striking ``given'' and inserting 
                        ``conveyed'';
            (2) in section 47152--
                    (A) in the section heading by striking ``gifts'' 
                and inserting ``conveyances''; and
                    (B) in the matter preceding paragraph (1) by 
                striking ``gift'' and inserting ``conveyance'';
            (3) in section 47153(a)(1)--
                    (A) by striking ``gift'' each place it appears and 
                inserting ``conveyance''; and
                    (B) by striking ``given'' and inserting 
                ``conveyed''; and
            (4) in the analysis for such chapter by striking the item 
        relating to section 47152 and inserting the following:

``47152. Terms of conveyances.''.

SEC. 13. CONSTRUCTION OF RUNWAYS.

    Notwithstanding any provision of law that specifically restricts 
the number of runways at a single international airport, the Secretary 
of Transportation may obligate funds made available 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. 14. POTOMAC METROPLEX TERMINAL RADAR APPROACH CONTROL FACILITY.

    (a) Site Selection.--The Administrator may not select a site for, 
or begin construction of, the Potomac Metroplex terminal radar approach 
control facility in the State of Virginia before the 90th day after the 
Administrator transmits to Congress a report on the relative costs and 
benefits of constructing the facility on land already owned by the 
United States, including land located outside the Washington, D.C., 
metropolitan area.
    (b) Contents of Report.--The report to be transmitted under 
subsection (a) shall include--
            (1) a justification for the current construction plan, 
        including the size and cost of the consolidated facility; and
            (2) a complete risk analysis of the possibility that the 
        redesigned airspace may not be completed, or may be only 
        partially completed, including an explanation of whether or not 
        the consolidation will be cost beneficial if the airspace is 
        only partially redesigned.

SEC. 15. PERIOD OF APPLICABILITY OF AMENDMENTS.

    Effective September 29, 1998, section 125 of the Federal Aviation 
Reauthorization Act of 1996 (49 U.S.C. 47114 note; 110 Stat. 3220) is 
repealed.

SEC. 16. TECHNICAL AMENDMENTS.

    (a) Discretionary Fund Definition.--
            (1) Amounts in fund and availability.--Section 47115 is 
        amended--
                    (A) in subsection (a)(2) by striking ``25'' and 
                inserting ``12.5''; and
                    (B) by striking the second sentence of subsection 
                (b).
            (2) Small airport fund.--Section 47116 is amended--
                    (A) in subsection (a) by striking ``75'' and 
                inserting ``87.5''; and
                    (B) in subsection (b) by striking paragraphs (1) 
                and (2) and inserting the following:
            ``(1) \1/7\ for grants for projects at small hub airports 
        (as defined in section 41731 of this title).
            ``(2) The remaining amounts as follows:
                    ``(A) \1/3\ for grants to sponsors of public-use 
                airports (except commercial service airports).
                    ``(B) \2/3\ for grants to sponsors of each 
                commercial service airport that each year has less than 
                .05 percent of the total boardings in the United States 
                in that year.''.
    (b) Continuation of Project Funding.--Section 47108 is amended by 
adding at the end the following:
    ``(e) Change in Airport Status.--In the event that the status of a 
primary airport changes to a nonprimary airport at a time when a 
terminal development project under a multiyear agreement under 
subsection (a) is not yet completed, the project shall remain eligible 
for funding from discretionary funds under section 47115 at the funding 
level and under the terms provided by the agreement, subject to the 
availability of funds.''.
                                 <all>