[Congressional Record Volume 140, Number 44 (Wednesday, April 20, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 20, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                                  NOTE

  The Record of April 19, beginning at page S4394, erroneously reflects 
the consideration and passage of S. 1491. The Record is corrected to 
reflect the passage of S. 2024, the Airport Improvement Program 
Temporary Extension Act, the text of which follows:

                                S. 2024

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Airport Improvement Program 
     Temporary Extension Act of 1994''.
                  TITLE I--AIRPORT IMPROVEMENT PROGRAM

     SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION.

       (a) Authorization.--The second sentence of section 505(a) 
     of the Airport and Airway Improvement Act of 1982 (49 App. 
     U.S.C. 2204(a)) is amended--
       (1) by striking ``and'' immediately after ``1992,''; and
       (2) by inserting ``, and $17,528,700,000 for fiscal years 
     ending before October 1, 1994'' immediately before the period 
     at the end.
       (b) Discretionary Fund.--Section 507(c) of the Airport and 
     Airway Improvement Act of 1982 (49 App. U.S.C. 2206(c)) is 
     amended by adding at the end the following new paragraph:
       ``(5) Special rule.--(A) In any fiscal year in which the 
     amount made available under section 505(a) is less than 
     $1,800,000,000 and not less than $1,700,000,000, the total 
     amount calculated under subparagraph (C) of this paragraph 
     shall be reduced by $50,000,000 and such $50,000,000 shall by 
     credited to the discretionary fund established by paragraph 
     (1) for distribution without regard to section 508(d).
       ``(B) In any fiscal year in which the amount made available 
     under section 505(a) is less than $1,700,000,000, the total 
     amount calculated under subparagraph (C) of this paragraph 
     shall be reduced by $100,000,000 and such $100,000,000 shall 
     be credited to the discretionary fund established by 
     paragraph (1) for distribution without regard to section 
     508(d).
       ``(C) The total amount, for any fiscal year, that is 
     subject to reduction pursuant to subparagraph (A) or (B) 
     shall be the sum of--
       ``(i) the amount determined under section 508(d)(2);
       ``(ii) the amount determined under section 508(d)(4);
       ``(iii) the amount determined under section 508(d)(5); and
       ``(iv) the amount to be credited to the fund established 
     under subsection (d) of this section.
       ``(D) To accomplish a reduction pursuant to subparagraph 
     (A) or (B), each of the amounts that otherwise would have 
     been available for distribution under subsection (d) of this 
     section and sections 508(d)(2), 508(d)(4), and 508(d)(5), 
     respectively, shall be reduced by an equal percentage.''.
       (c) Obligational Authority.--Section 505(b)(1) of the 
     Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 
     2204(b)(1)) is amended--
       (1) by striking ``September 30, 1993'' and inserting in 
     lieu thereof ``June 30, 1994''; and
       (2) by adding at the end the following new sentence: 
     ``Notwithstanding any other provision of this title, the 
     Secretary shall not, during fiscal year 1994, incur 
     obligations in excess of $800,000,000 to make grants from 
     funds made available under subsection (a).''.

     SEC. 102. APPORTIONMENT OF FUNDS.

       Section 507(b)(3)(A) of the Airport and Airway Improvement 
     Act of 1982 (49 App. U.S.C. 2206(b)(3)(A)) is amended--
       (1) by striking ``or reducing the amount authorized or'' 
     and inserting in lieu thereof ``the amount'';
       (2) by inserting ``to less than $1,900,000,000'' 
     immediately after ``to be obligated''; and
       (3) by striking ``limited or reduced''.

     SEC. 103. USE OF APPORTIONED AND DISCRETIONARY FUNDS.

       Section 508(d) of the Airport and Airway Improvement Act of 
     1982 (49 App. U.S.C. 2207(d)) is amended--
       (1) in paragraph (1), by striking ``10'' and inserting in 
     lieu thereof ``5''; and
       (2) in paragraph (3), by striking ``2.5'' wherever it 
     appears and inserting in lieu thereof ``1.5''.

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

       Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 
     (relating to expenditure from Airport and Airway Trust Fund) 
     is amended by striking ``(as such Acts were in effect on the 
     date of the enactment of the Airport and Airway Safety, 
     Capacity, Noise Improvement, and Intermodal Transportation 
     Act of 1992)'' and inserting in lieu thereof ``or the Airport 
     Improvement Program Temporary Extension Act of 1994 (as such 
     Acts were in effect on the date of the enactment of the 
     Airport Improvement Program Temporary Extension Act of 
     1994)''.
     TITLE II--AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES

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

       (a) Complaint by Air Carrier.--(1) An air carrier may, 
     prior to June 30, 1994, file with the Secretary a written 
     complaint alleging that any increased fee imposed upon such 
     air carrier by the owner or operator of an airport is not 
     reasonable. The air carrier shall simultaneously file with 
     the Secretary proof that a copy of the complaint has been 
     served on the owner or operator of the airport.
       (2) Before issuing an order under subsection (b), the 
     Secretary shall provide the owner or operator of the airport 
     an opportunity to respond to the filed complaint.
       (3) If the Secretary determines that a complaint is 
     frivolous, the Secretary may refuse to accept the complaint 
     for filing.
       (b) Order by the Secretary.--(1) Except as provided by 
     paragraph (2), the Secretary shall, within 7 days after the 
     filing of a complaint in accordance with subsection (a), 
     issue an order prohibiting the owner or operator of the 
     airport from collecting the increased portion of the fee that 
     is the subject of the complaint, unless the Secretary makes a 
     preliminary determination that the increased fee is 
     reasonable. The order shall cease to be effective on June 30, 
     1994.
       (2) The Secretary shall not issue an order under this 
     subsection prohibiting the collection of any portion of a fee 
     for which the Secretary's informal mediation assistance was 
     requested on March 21, 1994.
       (c) Opportunity To Comment and Furnish Related Material.--
     Within a period prescribed by the Secretary, the owner or 
     operator of the airport and any affected air carrier may 
     submit comments to the Secretary on a complaint filed under 
     subsection (a) and furnish any related documents or other 
     material.
       (d) Action on Complaint.--Based on comments and material 
     provided under subsection (c), the Secretary may take 
     appropriate action on the complaint, including but not 
     limited to termination or other modification of any order 
     issued under subsection (b).
       (e) Applicability.--This section does not apply to a fee 
     imposed pursuant to a written agreement binding on the air 
     carriers using the facilities of an airport.
       (f) Effect on Existing Agreements.--Nothing in this section 
     shall adversely affect any existing written agreement between 
     an air carrier and the owner or operator of an airport.

     SEC. 202. DEFINITIONS.

       For purposes of this title--
       (1) the term ``fee'' means any rate, rental charge, landing 
     fee, or other service charge for the use of airport 
     facilities; and
       (2) the term ``Secretary'' means the Secretary of 
     Transportation.

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