[Congressional Record Volume 140, Number 58 (Thursday, May 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: May 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
AIRPORT IMPROVEMENT PROGRAM TEMPORARY EXTENSION ACT OF 1994
Mr. BAUCUS. Mr. President, I ask that the Chair lay before the Senate
a message from the House of Representatives on (S. 2024), a bill to
provide temporary obligational authority for the airport improvement
program and to provide for certain airport fees to be maintained at
existing levels for up to 60 days, and for other purposes.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
Resolved, That the bill from the Senate (S. 2024) entitled
``An Act to provide temporary obligational authority for the
airport improvement program and to provide for certain
airport fees to be maintained at existing levels for up to 60
days, and for other purposes'', do pass with the following
amendment:
Strike out all after the enacting clause, and insert:
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 U.S.C.
App. 2204(a)) is amended--
(1) by striking ``and'' following ``1992,''; and
(2) by inserting ``, and $15,763,890,000 for fiscal years
ending before October 1, 1994'' before the period at the end.
(b) Obligational Authority.--Section 505(b)(1) of such Act
(49 U.S.C. App. 2204(b)(1)) is amended by striking
``September 30, 1993'' and inserting ``June 30, 1994''.
SEC. 102. APPORTIONMENT OF FUNDS.
Section 507(b)(3)(A) of the Airport and Airway Improvement
Act of 1982 (49 U.S.C. App. 2206(b)(3)(A)) is amended--
(1) by striking ``or reducing the amount authorized or''
and inserting ``the amount'';
(2) by inserting ``to less than $1,900,000,000'' after ``to
be obligated''; and
(3) by striking ``limited or reduced''.
SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.
Section 507(b)(1) of the Airport and Airway Improvement Act
of 1982 (49 U.S.C. App. 2206(b)(1)) is amended by striking
``$400,000'' and inserting ``$500,000''.
SEC. 104. INTEGRATED AIRPORT SYSTEM PLANNING SET-ASIDE.
Section 508(d)(4) of the Airport and Airway Improvement Act
of 1982 (49 U.S.C. App. 2207(d)(4)) is amended by striking
``\1/2\'' and inserting ``\3/4\''.
SEC. 105. REIMBURSEMENT FOR PAST EXPENDITURES.
Section 513(a)(2) of the Airport and Airway Improvement Act
of 1982 (49 U.S.C. App. 2212(a)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``or'' after the semicolon at the end of
subparagraph (B); and
(3) by inserting after subparagraph (B) the following:
``(C)(i) it was incurred--
``(I) during fiscal year 1994;
``(II) before execution of a grant agreement with respect
to the project but in accordance with an airport layout plan
approved by the Secretary and in accordance with all
applicable statutory and administrative requirements that
would have been applicable to the project if the grant
agreement had been executed; and
``(III) for work related to a project for which a grant
agreement was executed during fiscal year 1994; and
``(ii) its Federal share is only paid with sums apportioned
under subsections 507(a)(1) and 507(a)(2) of this title;''.
SEC. 106. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986
(relating to expenditures 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 ``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)''.
SEC. 107. UPWARD ADJUSTMENTS.
(a) In general.--The second sentence of section 505(b)(1)
of the Airport and Airway Improvement Act of 1982 (49 U.S.C.
App. 2204(b)(1)) is further amended by--
(1) inserting ``(A)'' before apportioned''; and
(2) inserting before the period at the end ``; and (B)
funds which have been recovered by the United States from
grants made under this title if such funds are obligated only
for increases under sections 512(b)(2) and 512(b)(3) of this
title in the maximum obligation of the United States for any
other grant made under this title''.
(b) Retroactive Effective Date.--The amendment made by
subsection (a) shall take effect October 1, 1993.
TITLE II--AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES
SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT FEES.
(a) Complaint by Air Carrier.--
(1) Filing.--An air carrier may file prior to June 30,
1994, 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) Opportunity to respond.--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) Frivolous complaint.--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) In general.--Except as provided by paragraph (2), the
Secretary shall issue, within 7 days after the filing of a
complaint in accordance with subsection (a), 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. Subject to subsection (d), the order shall cease
to be effective on June 30, 1994.
(2) Limitation.--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 to the Secretary 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 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 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.
TITLE III--REFORM OF AIR TRAFFIC CONTROL SYSTEM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM.
(a) Study.--The Secretary of Transportation shall undertake
a study of management, regulatory, and legislative reforms
which would enable the air traffic control system of the
federal Aviation Administration to provide better services to
users and reduce the costs of providing services, without
reducing the safety of the system or the availability of the
system to all categories of users and without changing the
basic organizational structure under which the system is part
of the Federal Aviation Administration.
(b) Components.--The study to be conducted under subsection
(a) shall include the following:
(1) Evaluation of reforms which would streamline
procurement, enhance the ability to attract and retain
adequate staff at hard-to-staff facilities, simplify the
personnel process, provide funding stability, ensure
continuity of leadership, and reduce the incidence of
unnecessarily detailed management oversight.
(2) Identification of any existing laws or regulations
governing procurement or personnel which are having an
adverse effect on the operation or modernization of the air
traffic control system.
(3) Evaluation of a range of possible reforms and the
advantages and disadvantages of each possible reform.
(4) Comparison of the advantages and disadvantages of each
possible reform with the comparable advantages and
disadvantages to be achieved under any proposal of the
Secretary of Transportation to create a separate Federal
corporate entity to operate the air traffic control system.
(c) Deadline.--The results of the study to be conducted
under subsection (a) shall be contained in a report which
shall be completed by the Secretary of Transportation on or
before the date which is 180 days after the date of the
enactment of this Act, or the date on which the Secretary
submits to Congress proposed legislation to create a separate
corporate entity to operate the air traffic control system,
whichever date occurs first.
(d) Transmittal.--On the date of completion of the report
under subsection (c), the Secretary of Transportation shall
transmit copies of the report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of
Representatives.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRATION
PROJECT.
(a) In General.--Notwithstanding the termination of the
personnel demonstration project for certain Federal Aviation
Administration employees on June 17, 1994, pursuant to
section 4703 of title 5, United States Code, the Federal
Aviation Administration shall continue to pay quarterly
retention allowance payments in accordance with subsection
(b) to those employees who are entitled to quarterly
retention allowance payments under the demonstration project
as of June 16, 1994.
(b) Computation Rules.--
(1) In general.--The amount of each quarterly retention
allowance payment to which an employee is entitled under
subsection (a) shall be the amount of the last quarterly
retention allowance payment paid to such employee under the
personnel demonstration project prior to June 17, 1994,
reduced by that portion of the amount of any increase in the
employee's annual rate of basic pay subsequent to June 17,
1994, from any source, which is allocable to the quarter for
which the allowance is to be paid (or, if applicable, to that
portion of the quarter for which the allowance is to be
paid). For purposes of the preceding sentence, the increase
in an employee's annual rate of basic pay includes--
(A) any increase under section 5303 of title 5, United
States Code;
(B) any increase in locality-based comparability payments
under section 5304 of such title 5 (except if, or to the
extent that, such increase is offset by a reduction of an
interim geographic adjustment under section 302 of the
Federal Employees Pay Comparability Act of 1990);
(C) any establishment or increase in a special rate of pay
under section 5305 of such title 5;
(D) any increase in basic pay pursuant to a promotion under
section 5334 of such title 5;
(E) any periodic step-increase under section 5335 of such
title 5;
(F) any additional step-increase under section 5336 of such
title 5; and
(G) any other increase in annual rate of basic pay under
any other provision of law.
(2) Special rule.--In the case of an employee on leave
without pay or other similar status for any part of the
quarter prior to June 17, 1994, based on which the amount of
the allowance payments for such employee under subsection (a)
are computed, the ``amount of the last quarterly retention
allowance payment paid to such employee under the personnel
demonstration project prior to June 17, 1994'' shall, for
purposes of paragraph (1), be deemed to be the amount of the
allowance which would have been payable to such employee for
such quarter under such project had such employee been in pay
status throughout such quarter.
(c) Termination.--An employee's entitlement to quarterly
retention allowance payments under this section shall cease
when--
(1) the amount of such allowance is reduced to zero under
subsection (b), or
(2) the employee separates or moves to a position in which
the employee would not, prior to June 17, 1994, have been
entitled to receive an allowance under the demonstration
project,
whichever is earlier.
Mr. BAUCUS. Mr. President, I move that the Senate concur in the
amendment of the House with a further amendment, which I now send to
the desk on behalf of Senator Ford, and that the motion to reconsider
be laid upon the table.
The amendment (No. 1705) is as follows:
Strike all after the enacting clause and insert the
following:
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'' after ``1992,''; and
(2) by inserting ``, and $15,413,157,000 for fiscal years
ending before October 1, 1994'' before the period at the end.
(b) 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 by striking ``September 30, 1993'' and
inserting ``June 30, 1994''.
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 ``the amount'';
(2) by inserting ``to less than $1,900,000,000'' after ``to
be obligated''; and
(3) by striking ``limited or reduced''.
SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.
Section 507(b)(1) of the Airport and Airway Improvement Act
of 1982 (49 App. U.S.C. 2206(b)(1)) is amended by striking
``$400,000'' and inserting ``$500,000''.
SEC. 104. DISCRETIONARY FUND.
(a) Minimum Amount To Be Credited.--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 not less than
$325,000,000 of the amount made available under section
505(a) shall be credited to the discretionary fund
established by paragraph (1), and such $325,000,000 shall be
exclusive of amounts that have been apportioned in a prior
year under this section and which remain available for
obligation.
``(B) In any fiscal year in which the amount credited to
the discretionary fund pursuant to paragraph (1) is less than
$325,000,000, the total amount calculated under subparagraph
(C) of this paragraph shall be reduced by an amount which,
when credited to the discretionary fund, will, together with
the amount credited pursuant to paragraph (1), equal
$325,000,000.
``(C) The total amount, for any fiscal year, that is
subject to reduction pursuant to subparagraph (B) shall be
the sum of--
``(i) the amount determined under subsection (a)(1);
``(ii) the amount determined under subsection (a)(2);
``(iii) the amount determined under subsection (a)(3);
``(iv) the amount determined under section 508(d)(1);
``(v) the amount determined under section 508(d)(2);
``(vi) the amount determined under section 508(d)(3);
``(vii) the amount determined under section 508(d)(4); and
``(viii) the amount determined under section 508(d)(5).
``(D) To accomplish a reduction pursuant to subparagraph
(B), each of the amounts described in subparagraphs (C)(i)
through (C)(viii), respectively, shall be reduced by an equal
percentage.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 1994.
SEC. 105. 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
``5'';
(2) in paragraph (3), by striking ``2.5' wherever it
appears and inserting ``1.5''; and
(3) in paragraph (4), by striking ``\1/2\'' and inserting
``\3/4\''.
SEC. 106. REIMBURSEMENT FOR PAST EXPENDITURES.
Section 513(a)(2) of the Airport and Airway Improvement Act
of 1982 (49 App. U.S.C. 2212(a)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``or'' after the semicolon at the end of
subparagraph (B); and
(3) by inserting after subparagraph (B) the following;
``(C)(i) it was incurred--
``(I) during fiscal year 1994;
``(II) before execution of a grant agreement with respect
to the project but in accordance with an airport layout plan
approved by the Secretary and in accordance with all
applicable statutory and administrative requirements that
would have been applicable to the project if the grant
agreement had been executed; and
``(III) for work related to a project for which a grant
agreement was previously executed during fiscal year 1994;
and
``(ii) its Federal share is only paid with sums apportioned
under sections 507(a)(1) and 507(a)(2).''.
SEC. 107. TERMINAL DEVELOPMENT.
Section 513(b)(2) of the Airport and Airway Improvement Act
of 1982 (49 App. U.S.C. 2212(b)(2)) is amended--
(1) in the second sentence--
(A) by inserting after ``may be used'' the following: ``,
subject to the approval of the Secretary, (A) ''; and
(B) by striking the period at the end and inserting the
following: ``, and (B) by the sponsor of a reliever airport
for the types of project costs allowable under paragraph (1)
of this subsection, including project costs allowable for a
commercial service airport which annually has .05 percent or
less of the total enplanements in the United States.''; and
(2) by adding at the end the following: ``All or any
portion of the sums to be distributed at the discretion of
the Secretary under sections 507(c) and 507(d) for any fiscal
year may be distributed for use by primary airports each of
which annually has .05 percent or less of the total
enplanements in the United States for project costs allowable
under paragraph (1) of this subsection.''.
SEC. 108. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986
(relating to expenditures 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 ``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)''.
SEC. 109. UPWARD ADJUSTMENTS.
(a) In General.--The second sentence of section 505(b)(1)
of the Airport and Airway Improvement Act of 1982 (49 App.
U.S.C. 2204(b)(1)) is further amended by--
(1) inserting ``(A)'' before ``apportioned''; and
(2) inserting before the period at the end ''; and (B)
funds which have been recovered by the United States from
grants made under this title if such funds are obligated only
for increases under sections 512(b)(2) and 512(b)(3) of this
title in the maximum obligation of the United States for any
other grant made under this title''.
(b) Retroactive Effective Date.--The amendment made by
subsection (a) shall take effect October 1, 1993.
TITLE II--AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES
SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT FEES.
(a) Complaint by Air Carrier.--
(1) Filing.--An air carrier may file prior to June 30,
1994, 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) Opportunity to respond.--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) Frivolous complaint.--If the Secretary determines that
a complaint is frivolous, the Secretary may refuse to accept
the complaint for filing.
(a) Order by the Secretary.--
(1) In general.--Except as provided by paragraph (2), the
Secretary shall issue, within 7 days after the filing of a
complaint in accordance with subsection (a), 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. Subject to subsection (d), the order shall cease
to be effective on June 30, 1994.
(2) Limitation.--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 to the Secretary 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 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 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 fiscal year of
Transportation.
TITLE III--REFORM OF AIR TRAFFIC CONTROL SYSTEM
SEC. 301. AIR TRAFFIC CONTROL SYSTEM.
(a) Study.--The Secretary of Transportation shall undertake
a study of management, regulatory, and legislative reforms
which would enable the air traffic control system of the
Federal Aviation Administration to provide better services to
users and reduce the costs of providing services, without
reducing the safety of the system or the availability of the
system to all categories of users and without changing the
basic organizational structure under which the system is part
of the Federal Aviation Administration.
(b) Components.--The study to be conducted under subsection
(a) shall include the following:
(1) Evaluation of reforms which would streamline
procurement, enhance the ability to attract and retain
adequate staff at hard-to-staff facilities, simplify the
personnel process, provide funding stability, ensure
continuity of leadership, and reduce the incidence of
unnecessarily detailed management oversight.
(2) Identification of any existing laws or regulations
governing procurement personnel which are having an adverse
effect on the operation or modernization of the air traffic
control system.
(3) Evaluation of a range of possible reforms and the
advantages and disadvantages of each possible reform.
(4) Comparison of the advantages and disadvantages of each
possible reform with the comparable advantages and
disadvantages to be achieved under any proposal of the
Secretary of Transportation to create a separate Federal
corporate entity to operate the air traffic control system.
(c) Deadline.--The results of the study to be conducted
under subsection (a) shall be contained in a report which
shall be completed by the Secretary of Transportation on or
before the date which is 180 days after the date of the
enactment of this Act, or the date on which the Secretary
submits to Congress proposed legislation to create a separate
corporate entity to operate the air traffic control system,
whichever date occurs first.
(d) Transmittal.--On the date of completion of the report
under subsection (c), the Secretary of Transportation shall
transmit copies of the report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committees
on Public Works and Transportation of the House of
Representatives.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRATION
PROJECT.
(a) In General.--Notwithstanding the termination of the
personnel demonstration project for certain Federal Aviation
Administration employees on June 17, 1994, pursuant to
section 4703 of title 5, United States Code, the Federal
Aviation Administration, subject to subsection (d), shall
continue to pay quarterly retention allowance payments in
accordance with subsection (b) to those employees who are
entitled to quarterly retention allowance payments under the
demonstration project as of June 16, 1994.
(b) Computation Rules.--
(1) In General.--The amount of each quarterly retention
allowance payment to which an employee is entitled under
subsection (a) shall be the amount of the last quarterly
retention allowance payment paid to such employee under the
personnel demonstration project prior to June 17, 1994,
reduced by that portion of the amount of any increase in the
employee's annual rate of basic pay subsequent to June 17,
1994, from any source, which is allocable to the quarter for
which the allowance is to be paid (or, if applicable, to that
portion of the quarter for which the allowance is to be
paid). For purposes of the preceding sentence, the increase
in an employee's annual rate of basic pay includes--
(A) any increase under section 5303 of title 5, United
States Code;
(B) any increase in locality-based comparability payments
under section 5304 of such title 5 (except if, or to the
extent that, such increase is offset by a reduction of an
interim geographic adjustment under section 302 of the
Federal Employees Pay Comparability Act of 1990 (5 U.S.C.
5304 note));
(C) any establishment or increase in a special rate of pay
under section 5305 of such title 5;
(D) any increase in basic pay pursuant to a promotion under
section 5334 of such title 5;
(E) any periodic step-increase under section 5335 of such
title 5;
(F) any additional step-increase under section 5336 of such
title 5; and
(G) any other increase in annual rate of basic pay under
any other provision of law.
(2) Special rule.--In the case of an employee on leave
without pay or other similar status for any part of the
quarter prior to June 17, 1994, based on which the amount of
the allowance payments for such employee under subsection (a)
are computed, the ``amount of the last quarterly retention
allowance payment paid to such employee under the personnel
demonstration project prior to June 17, 1994'' shall, for
purposes of paragraph (1), be deemed to be the amount of the
allowance which would have been payable to such employee for
such quarter under such project had such employee been in pay
status throughout such quarter.
(c) Termination.--An employee's entitlement to quarterly
retention allowance payments under this section shall cease
when--
(1) the amount of such allowance is reduced to zero under
subsection (b), or
(2) the employee separates or moves to a position in which
the employee would not, prior to June 17, 1994, have been
entitled to receive an allowance under the demonstration
project, whichever is earlier.
(d) Special Payment Rule.--The Administrator of the Federal
Aviation Administration may make payment for the costs
incurred under the program established by subsection (a) for
the period between June 18, 1994, and September 30, 1994,
following the end of the first full pay period that begins on
or after October 1, 1994, subject to appropriations made
available in fiscal year 1995.
(e) Study of Recruitment and Retention Incentives.--The
Administrator of the Federal Aviation Administrator shall
conduct a study of impediments that may exist to achieving
appropriate air traffic controller staffing levels at hard-
to-staff facilities. In conducting such study, the
Administrator shall identify and evaluate the extent to which
special incentives, of a financial or non-financial nature,
could be useful in recruiting or retaining air traffic
controllers at such facilities. The Administrator shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives not
later than 180 days after the date of enactment of this Act a
report on (1) the results of such study, (2) planned
administrative actions, and (3) any recommended legislation.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
Mr. FORD. Mr. President, I want to explain to my colleagues a little
history concerning S. 2024, the Airport Improvement Program Temporary
Extension Act of 1994, which we are considering. The Senate last
considered and passed this bill by unanimous consent on April 19. Our
House colleagues took up and passed the bill, with a series of changes,
on May 3, 1994, by voice vote.
The bill before the Senate today is a compromise worked out between
the bodies. It will provide $800 million in new funds for the airport
improvement program, as well as authorize the use of $89 million in
``old'' money. The remaining funds that have been appropriated for 1994
will be available for this program when this body takes up and passes
S. 1491, the FAA Authorization Act. S. 1491 has been pending on the
Senate calendar since last year.
The bill also freezes certain airport fees that are in dispute. This
provision is unchanged from the version that passed the Senate on April
19. I also want my colleagues to know that I am continuing in my
efforts to work out the airport-airline fee dispute issue, which forced
us to authorize a short term extension of the AIP program.
Other provisions in the bill authorize the use of discretionary AIP
funds for terminal development work at small airports, increase the
amount of entitlement funds for small airports from $400,000 to
$500,000, extend the air traffic controller pay demo program and
mandate two studies.
The first study requires the Secretary to provide a detailed
evaluation of reforms that are needed within the current structure of
the FAA. There has been a lot or recent publicity associated with the
Secretary's announcement of a study to corporatize the FAA. The study
requested here seeks to begin the process of working to revamp the FAA,
short of the need to turn the entire air traffic control system
management and modernization, and all of the related safety needs, over
to a corporation. I want my colleagues to know that the FAA does need
some degree of reform, and those problems should be addressed, but not
by a corporation.
The second study requires the FAA to review and evaluate a wide range
of potential ways to provide staffing flexibility. There have been a
number of indications that some facilities are hard to staff. The
current incentive program--the pay demo program--provides a quarterly
20-percent bonus for air traffic controllers and technicians at certain
facilities. Knowing that the Government should look to incentives in
the private sector, the study requested should serve as a means to
replace the pay demo program. No one incentive should be focused on,
but rather a range of choices should be developed. The Administrator is
required to evaluate those options, implement those that he can, and
provide us with legislation to authorize any other alternatives. I also
want to let my colleagues know, particularly those that were interested
in the pay demo program, that the program will be extended.
Mr. STEVENS. Mr. President, I support the immediate passage of the
Airport Improvement Program Temporary Extension Act. The authorization
for funding capital needs of the Nation's commercial airports and
general aviation facilities expired on October 1, 1993. This 8 month
period without Airport Improvement authorization has put pressure on
airports waiting for the funds to begin construction during this
construction season, especially in my State. In Alaska, because of the
limited modes of transportation and the long winters, there is a very
short time period for the construction of these airport projects.
Alaska has less than 12,000 miles of public roads in a State that is
one-fifth the size of the United States. Most of our passenger
transportation between communities is by aircraft, and the
transportation of construction materials to the bush communities is
almost strictly by barges that can only run in the summer. This makes
this extension of authorization of funds for airport projects extremely
important.
Airport improvements are necessary in many Alaska communities to keep
aircraft transportation in my State running smoothly. Some of the
villages are in desperate need of upgrades to the facilities which
maintain their airports and the airplanes that are the only
transportation link to other communities. Air travel is the lifeblood
of their economy.
But to get these airport projects started this year, orders must be
made immediately to get construction materials to the communities,
oftentimes by barge from Anchorage or Seattle, so the projects can be
completed this year. Otherwise they will have to wait until next summer
to transport the materials.
We are already late in getting started for this construction season.
Communities contacted me earlier this year and expressed concern that
they would not be able to complete their airport projects unless the
Airport Improvement Program [AIP] was authorized immediately.
Unfortunately, we were not able to pass the full authorization of AIP
because we could not come to agreement on some controversial provisions
that are unrelated to the airport capital construction projects.
To address the needs of the airports that are desperately waiting for
funds to proceed with their projects, S. 2024, the Airport Improvement
Program Extension Act of 1994, will authorize up to $800 million of the
total $1.69 billion AIP appropriation for fiscal year 1994. This will
allow the projects to go forward almost immediately.
The Federal Aviation Administration [FAA] must work to get these
funds to the airports as soon as possible. As I stated before, it is
critical in a State like mine that projects begin immediately if they
are to be completed by the time winter approaches in September or
October. Construction materials need to be ordered and transported to
cities like Anchorage and Fairbanks and then on to villages like
Savoonga and Toksook Bay to allow for the projects to begin.
The FAA has assured me that they will work overtime to get their
funding to the airports. When distributing this funding they must also
take into account those communities that have short construction
seasons. Those communities should have priority in the funding
distribution
This is just a short term reauthorization. Another authorization will
be considered within the next 60 days to reauthorize AIP for the
remainder of Fiscal Year 1994 and for 2 additional years. That will
allow the projects that were started under the extension to be
completed and will allow projects in States that do not have a limited
construction season to receive their funding. In the meantime, priority
must be given to the projects that will flounder if funding is not
provided immediately.
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