[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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